USA > New Jersey > Salem County > Salem > History and genealogy of Fenwick's colony > Part 49
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" AZARIAH MORE."
Azariah More never married. He lived to a serene old age, on the homestead he had worked to earn. His household affairs were presided over by his sister Martha. The accounts that are recorded of him give him an excellent character. He was a Justice of the Peace, and was well known in his day and gene- ration as a man of sound judgment, and very methodical in all his doings, was characteristic of him. A few aged persons in the early part of this generation remembered him in the dress of the time ; they were never weary of speaking of his kindness and benevolence to the widows and orphans. He died where he had lived so long, in the old homestead one mile above Shi-
540
MORE FAMILY.
Joh, on the west side of the road leading to Friesburg, and for more than half a century has slept in the old Presbyterian grave- yard at Greenwich. John, the son of Jacob and Abigail More, died 22d of 2d month, 1800; he settled half a mile east of his brother Azariah. He also was in the army of the Revolution ; he married Rachel Moore, a different family from the More family, although many suppose them to be of one family. John and his wife, Rachel More, had eleven children; eight of them reared to manhood and womanhood; five left descendants, four of whom, great-grand sons of John More, volunteered in the service of the United States against the rebellion, viz .: one from Pennsylvania, (died in the service), one from Ohio, one from Iowa, and in the county of Cumberland, the costly sacrifice of an only child, John More Tyler.
Lewis, son of John and Rachel More, married Susanna Shull; they had five children-Ruth, Jacob, Lydia, Elmer and Eliza More. Ruth married Archibald Minch ; no issue. Jacob died a young man unmarried ; Lydia, daughter of Lewis and Su- sanna More, married Theophilus P. Davis ; they had three chil- dren-Ruth M., Samuel B. and Leonard W. Davis. Elmer, son of Lewis More, married Kitty B. West; they have two chil- dren-Lewis and Marietta Moore.
Azariah, son of John and Rachel, married Lydia Dare; they had children-David, Abigail, Enoch, Josiah, Henrietta, George, Elizabeth and Robert More. David married Deborah Cook ; both are deceased, having no issue. Abigail married David Veal; the names of their children were David D., Lydia M .. Enoch, Henry and Francis Veal. Enoch married Elizabeth, daughter of Hosea Moore; their children were David, George and Hosea Moore. Robert, the son of Azariah and Rachel More, was twice married; his first wife was Emily Bevan ; they had issue, one daughter, Caroline, who married William Riley his second wife was Elizabeth Cake; by her there was Robert, Aza- riah, Richard, John, Winfield, and Elizabeth More. Robert More is quite a distinguished publie man ; has been a member of the State Legislature two or three different times; he is now one of the freeholders, and trustee of the Cumberland county Almshouse.
John, the son of John and Rachel More, married Phebe Moore, his cousin ; they had two children-Mary M. and Emily More. Mary died a young woman unmarried ; Emily was twice married ; her first husband was George, son of Samuel and Ra- chel Tyler; they had one son-John More Tyler; her second husband was Charles Seeley; they had no issue.
,
SHOURDS FAMILY.
Samuel, son of Daniel and Christiana Belangee, was born at Tuekerton, New Jersey. He married Hannah Grey ; they had eleven children, nine of whom lived to mature age. The names of their children were : Grey, Thomas, Samuel, Benjamin, John, Asa, Job, Daniel, Charlotte, and Elizabeth Shourds. Sammel and his wife, Hannah G. Shourds, removed to Cayuga county, State of New York. Elizabeth, daughter of Samuel and Han- nah G. Shourds, married Solomon Hull, of Cayuga county, New York. They had four children. Solomon and his wife and children left Cayuga, and settled near Arculusa, in Iowa. Charlotte, daughter of Samuel and Hannah Shourds, married David Mitehell; they had four children-Joseph, Hannah, George and Louisa Mitchell. Thomas, son of Samuel and Han- nah Shourds, married Eveline Warner ; they had issue-Eliza, Smith, and Hannah G. Shourds. Daniel, son of Samuel and Hannah G. Shourds, married Mehitable, daughter of Judge Goodrich, of Corneticut ; they had eleven children : Samuel, Chester G., Ephraim Hammond, John G., Charlotte, Ruth H., Job H., Mary Jane, Jesse N., Ann Eliza, and Martha Jane Shourds. Jesse, son of Samuel and Hannah G. Shourds, re- mnoved to the State of Ohio. There he married ; he was subse- quently killed in a coal mine, leaving a wife and four children. One of his sons was named Jesse Shourds. Asa, son of Sam- uel and Hannah Shourds, was twice married. His first wife was the widow of his brother, Thomas Shourds. She died leaving no issue by him. Thomas' second wife was Ennice Landon ; they had four children : William, Abbie and Maria were twins, and Sarah Shourds. Job, son of Samuel and Han . nah F. Shourds, is married ; they reside at Spencer Port, near Rochester, New York. They have three daughters.
James, son of Samuel and Hannah Shourds, married. They have five children ; their names are Jesse H., Phebe, Clayton, Hatty and Lney Shourds. James and his family reside at this time in Chicago, Illinois. His wife is deceased. Benjamin, son of Samuel and Hannah Shourds, and his wife, Phebe Ann Shourds, reside in Chicago, Illinois. They have five children-
542
SHOURDS FAMILY.
Charles, Havaline, Imagin, Elliott, and Lazelle Shourds. Ches- ter G., son of Daniel and Mehitable Shourds, married Harriet Lode ; they had one son, Giles Shourds. Dr. Ephraim Ham- mond Shourds, son of Daniel and Mehitable Shourds, married Almira Cleavland, of Canada ; they had three children : Clara, Emma J. and Effie. Clara and Effie are deceased. Ephraim Hammond is still a resident of Canada. John G., son of David and Mehitable Shourds, is unmarried. Charlotte, daughter of Daniel and Mehitable Shourds, married Stephen Boalt. They have issue : Eben C., Elizabeth, Clara Augustus, Arthur, Elmer Engene, and Ralph Boalt. Ruth, daughter of Daniel and Me- hitable Shourds, married Josiah Southerland ; they have issue : Alvin J., John G., Caroy, Addie, Frank, Jay, Fred, Grant, Mattie and Jesse Sutherland.
Job H., son of Daniel and Mehitable Shourds, resides in Huron county, Ohio, on the homestead of his parents. His father, some years before his death, left New York State, with his family, and purchased a home in the State of Ohio. Job H. Shourds has been twice married. His first wife was Jane Mixten ; they had one son, Harry Shourds. His last wife was Mary Jane Henderson; she is deceased, leaving no children. . Mary Jane, daughter of Daniel and Mehitable Shourds, died unmarried. Jesse, son of David and Mehitable Shourds, re- sides in Cleaveland, Ohio. He is attached to one of the Life Insurance Companies of that city. He married Harriet Lay- lin ; they have no issue. Martha Jane, daughter of Daniel and Mehitable Shourds, married Franklin Campbell ; they have one daughter-Ida May Dell Campbell.
JAMES NEVILL.
OPINIONS ON ENGLISH LAW AND TRIAL BY JURY.
James Nevill came to America in company with John Fen- wick. He was a weaver in his native land, followed his trade in the Parish of Stepney, London, Middlesex. The executors of John Fenwick conveyed him about thirty acres of land in the town of Salem. He was a man of much talent, and had the confidence of William Penn. He was Clerk of Salem courts, I think, up to the time of his death, and held other positions of trust. He was a married man when he emigrated to this country. There is nothing in the record showing that they had children to perpetuate their name.
It appears that James Nevill possessed by nature a legal mind ; and turning his attention to it he became an able counsellor. The following is a copy taken from the Salem records at Tren- ton, of his opinion on English Law and Trials by Juries, which I consider well worth publication in this connection, in view of the early date it was written-nearly two centuries ago:
Extracts from the Salem records (Salem surveys, N. J.), Trenton, of entries made by James Nevill in 1687.) Proverbs 28, 4. " They that forsake the law praise the wicked, but such as keep the law contend with them." As fundamental laws may continue the people in peace and tranquility, so the extirpation may cause future disturbance.
It is worthy of observation that to ye mind of reason (direct- ing himself to the subordinate courts or seats of justice), saith that they should assuredly prosper and flourish in the distribu- tion of justice, if they desired all their powers and strength from their proper roots, advising them not to fear to do right to all and to deliver their opinions justly according to law, 4 Inst. Epilogue.
It cannot be but that as these laws, which reason at first in- troduced and experience afterwards approved, do settle and for- tify States, to the manifest neglect of the same, should make weak again and crazie, which, being duly considered, magis-
544
JAMES NEVILL.
trates ought not in any thing to be more than watchful and vig- orous than to keep in life those laws by which ye State at first came to be exalted; for let ye be assured that ye same are still, and shall be the foundation and base of future prosperity.
Moderation is the continuance of estates and kingdoms. Such as reckon themselves the wheels in ye engyne of a State, ought to move so effectually as that ye end and purposes of ye law- makers may be rightly considered and pursued, which is for ye good of ye whole people.
I remember a maxim of Sir Walter Rawleigh-" To take heed of small beginnings, and to meet with them even at ye first, as well touching the breaking and altering laws as of other rules which concerns the continuance of every State, for the dis- ease and alteration of a commonwealth doth not happen all at once, but grows by degrees.
Actions of the State are like the billows of the sea, one de- sign drives another forward as they are agitated by the Prince's breath. The fairest flower that now grows in ye garden of Englishman's liberties is a fair tryall by peers or twelve men of his neighbourhood, which so much artifice is used by some of this age to pluck up by the roots. Justice ought to be meas- ured by the straight meta-wand of the fundamental laws of Eng- land, and not be the crooked lines of discretion.
A greater inheritance (saith Judge Cooke) is derived to every one of us from our laws than from our parents, for without the former what would the latter signify, and this birth-right of England citizens shines more conspicuously in two things,
first, Parliament, second, Jurys.
By the first (the people by choice representatives) in the Leg- islature or law-making power, for no laws bind the people of England, but such as are by common consent agreed upon in that great council. By the second, they have a share in ye ex- ecutive part of ye law ; no causes being tryed nor any man ad- judged to lose life, limb, members or estate, but upon the ver- dict of his peers or equals, his neighbours and his own condition.
Judge and ministers of Justice are to allow the great charter to be pleaded before them in all points, and they are to keep in all points.
No freeman shall be taken or imprisoned or be disseized of his freehold or liberties or free customs, or be out-laws or exiled or any others may be destroyed; nor we will not pass upon him nor condemn him but by lawful judgment of his peers, or by ye law of ye land, &c .; &e.
545
JAMES NEVILL.
On the 29th chapter-Institutes-Cooke hath many excellent observations. I shall here write one. No man shall be dis- seized that is put out of seizure or dispossessed of his frechold, that is land or lively-hood or of his liberties or free customs as belong to him by his free birth right, unless it be by the lawful judgment of his peers, that is, verdict of his equals, that is, of men of his own condition or by the law of the land; that is to speak it once for all, by the due course and process of law, for so the words are expressly expounded by ye statues of 37 Elizabeth, chapter 8; and these words are especially to be re- ferred to those foregoing to whom they relate, as none shall be considered without a tryall by his peers, so none shall be taken, imprisoned, or put out of his freehold without a due process of ye law, that is, by indictment or presentment of good and law- ful men of ye place in due manner or by writ original of ye common law. The law is called Rectum, because it discovers that which is tort, crooked or wrong'; for right signifieth law, so tort signifieth crooked or wrong, signifieth injuries. Injury is against right. A right lyne is before declaritory of itself, and the oblyque, hereby crooked cord of discretion appeareth to be unlawfull, unless you take it as it ought to be. Discretion is to discover by ye law what is just. It is called right, because it is the best birth-right the subject hath, for thereby his goods, lands, wife, children, his body, life, honor and estimation are protected from injury and wrong ; that's for ye very words of ye oracle of ye law ye safe and learned Cooke.
Nevertheless, I have known that a person hath been tryed and judgment passed against ye law by the rule of three, not direct, but was backward or reverse, called equity, alias discre- tion. I accuse no man, for things may be['sometimes mistrans- acted, by surprise, but not of ye province. I hope I shall not be blamed for taking notice of some casual failings, viz: ye judge whispering on ye bench with ye Attorney-General; that is absolutely against ye laws, when the Attorney was pleading a cause. 'Judges are not to speak with any one upon ye bench unless it be openly, audibly and avowedly, not in any clandes- tine, whispering way. It is necessary for magistrates to observe the laws of their country, and not to encounter them with their prerogatives, and not to use it at all where there is law, but govern the people by just laws, justly constituted, and their in- fringement on the common law ought to be evidence to the innermost sensible understanding parts of twelve good and law- ful men as well as the Judge, before the party be condemned to suffer either in person or estate.
546
JAMES NEVILL.
It is my opinion that a jury of twelve good and honest men of the neighborhood are as good judges of the equitable sense of the law and the intent and meaning of the law-makers as they are of the letter of the law.
Equity is of two sorts, differing much one from another, and are of contrary effects ; for the one doth abridge, diminish, and take from ye letter of ye law-the other doth enlarge, add, and amplify thereunto. The first is thus defined: Equity is correction of a law, generally made in that part it faileth, which correction of the general words is much used in our law. As if for example,-When an act of Parliament is made that whoso- ever doeth such a thing shall be a felon and shall suffer death, yet if a mad man or an infant of young years that hath no dis- cretion do ye same thing, shall be no felon nor suffer death therefor. Also if a statute were made that all persons that shall rescue, or give meat or drink, or other succor, to any that shall doe such a thing, shall be accessory to his offence and shall suffer death, if they did know of the facts. Yet notwith- standing one doeth such an act and cometh to his wife who knoweth thereof doth rescue him and give him meat and drink, she shall not be accessory nor felon; for in the generality of the words of the law he it is mad, nor the infant, nor the wife were not included in meaning, and that equity doth correct the generality of the law in these cases, and the general words are by equity abridged and by the same.
The other equity is defined after this sort. Equity is where the words of the law are effectually directed and one thing only provided by the words of the law, to the end that all things of the like kind may be provided by the same ; and so when the words enact one thing, they enact all other things of the ; like degree.
As the statute which ordains that in an action of debt against executors, he that doth appear by distress shall answer, doth extend by equity to administrators, for such of them as doth appear first by distress shall answer by equity of ye said suits, because they are of like kind. So likewise the statute of Glou- cester gives the action of waste and the pain thereof against him that holds for life or years and by ye equity of ye same a man shall have an action of waste against him that holdeth but for one year or half a year, and yet he is without the words of the statute; for he that holdeth but for one year or half a year, doth not hold for years, but that is the meaning and the words that enact ye one by equity enacts the others.
If our predecessors had thought the arbitrary determination
547
JAMES NEVILL.
of a bench of justices had been as equal a judgment as that of our part, surely in vain did they expend so much blood for the reprizing the latter and extripating the former.
Arbitrary judgments are against the statutes of ye 25th Elizabeth, which saith that justices, sheriffs, and mayors and other ministers, which under us have the laws of the land to guide, shall allow ye charters to be pleaded before them in all their points. This is a clause, saith Cooke, worthy to be written in letters of gold, " that the laws are to be the judge's guide and therefore not the judges to guide the law by their arbitrary glasses."
Has the law of England presumed that a judge or justice had been more knowing, and so moro perhaps judges who might give better and more equal determination (of such facts which for decision came before them) than a jury of twelve men could or would do. Surely the law would then have left all contro- versies to their sole arbitrary determination, and never have required and com nanded tryall by jurors, which are not only chargeable to the jurymen by reason of their attendance and expense, but a troublesome delay and of no use in determining rights and money, and therefore the tryalls by them may be better abolished than continued ; which was a strange new-found conclusion after a tryall so celebrated for many hundred of years. But the law presumes that cach man best knows his neighbor's action, therefore the most proper judges. Who can know the law that is bound up only in the judge's breast ? Surely the law cannot be said to be common but uncertain, and Cooke says : Miserable is that servitude when the laws are un- certain and unknown. Of what valne are the grants of Princes for themselves, their heirs, and successors confirmed by solemn engagements, bonds and seals, and what trust is in them if they may be made void at ye will and pleasure of those who are in power, and often as they find the vacating of them will be their advantage.
We see and observe that every land's and this country's foun- tains of justice were clear and wholesome, although the rivulets and lesser streams might be troubled and corrupted. The laws of Pennsylvania say that all tryalls shall be by twelve men, and as near as may be peers and equalls, and of ye neighborhood, and men without just exception. In cases of life there shall be first twenty-four secured by the sheriff for a grand jury, of whom twelve at least shall find the complaint to be true, and then the twelve men or peers to be likewise returned by the sheriff, shall have judgment.
548
JAMES NEVILL.
That there shall be at no time any alterative of any of those laws without ye consent of ye Governor, his heirs and assigns, and six parts of the seven freemen in Provincial Council and General Assembly.
That all other methods and things not herein provided for shall or may concern the public justice, peace and safety of said province, shall be and are hereby referred to ye award, prudence and determination of ye Governor and freemen in Provincial Council and General Assembly, to be held from tyme to tyme in ye said province.
Here it seemeth to me that it is the judgment of the twelve freemen of England and of Pennsylvania which gives the cast and turn of the scales of English justice. Nor can the Governor and Provincial Council alter it nor the General Assembly cannot alter any of the fundamental laws without the consent. of the Governor, his heirs or assigns, and six parts of the seven of ye freemen in Provincial Couneil, and General Assembly.
And now to conclude, I hope that in any age of so much light, mere will or resolution will not be held forth against it, but that what reason or righteousness there is in what is here set down, will be considered and followed, nor let it find pre- judice with you from any disdain toward him from whom it comes, that no failing in circumstances or expressions may pre- judice either ye reason or justice of what is tendered.
I remain a true bred English freeman, obedient to ye just laws; an earnest endeavourer of ye publie peace ; a friend to my country and a true lover of just priviliges, liberties and free- doms.
JAMES NEVILL.
The laws are no defence nor protection of any man's rights ; all are subject to that thing by some called equity, alias will and power.
Those that shall do any thing whereby the title and interest of the subject to these lands is destroyed, must needs be guilty of a very grave erime, which I say of necessity must be if they be deprived of ye benefit of ye law, the free course of justice ac- cording to ye known laws of ye land.
Those that have made large pretences and promises and res- olutions to preserve the people from bondage, vassalage and slavery.
A river's mouth is bigger than its head,
So would the mouth of Pennsylvania spread Over superiors ; over all his peers,
Over English, Finns, Swedes and mine heirs,
·
549
JAMES NEVILL.
Most horrible, monstrous, and most barbarous he ! Renders known and common law to be. His will is right or wrong, be it plaintiff or defendant, Should have the cause, if gold be at ye end of it. For avarice and pride he's not the least ;
Money's the thing, in the bear's nose a ring, 'Tis that commands the beast.
My heart a matter good indites, then What hand shall I invite to guide my pen ? And set in order unto each man's views The privileges to heirs due The envious nature.
Standing water will breed corruption and be offensive if it be not sometimes changed, and for men to be too long in offices of government it is to have too little regard to others or to the dig- nity of the State.
INDEX.
PAGE.
Introductory,
3
John Fenwick,
9
Acton Family,
18
Abbott Family,
28
Bradway Family,
35
Brick Family,
42
Bassett Family,
45
Carll Family,
50
Chambless Family,
57
Cattell Family,
61
Coles Family,
64
Davis Family,
70
Dubois Family,
75
Elwell Family,
78
Guy Family,
80
Goodwin Family,
82
Hancock Family,
85
Obebiah Holmes Family,
87
Holme Family,
91
Hall Family,
93
Richard Johnson Family,
103
John Johnson Family,
111
Jennings Family,
119
Keasbey Family,
122
Lippincott Family,
132
Lawson Family,
139
Griscom, Maddox and Denn Families,
142
552
INDEX.
Mason Family,
150
Miller Family,
.
153
Morris Family,
161
Nicholson Family,
164
Ogden Family,
167
Oakford and Moss Families,
173
Plummer Family,
176
Preston Family,
178
Reeve Family,
179
Rolph Family,
185
Sinnickson Family:
188
Sheppard Family,
202
Scull Family,
218
Smith and Darkin Families,
224
Sayres Family,
227
Shourds Family,
233
Summerill Family, .
·
239
Sharp Family,
244
John Smith (of Smithfield) Family, .
250
Stretch Family, ·
255
Tyler Family;
268
Tindall Family,
282
Thompson Family,
283
VanMeter Family,
301
Christopher White Family,
308
Joseph White Family,
325
Ware Family,
329
Wade Family,
342
Waddington Family,
347
Whitacar Family,
349
Wyatt Family,
359
Whittan Family,
365
Woodnutt Family,
368
Woodruff Family,
374
Yorke Family,
376
. Locke and Rocke Families, ,
385
553
INDEX.
History of the Religious Bodies of Fenwick's Colony :
Friends Society,
392
Baptist Societies, .
405
Seventh-Day Baptist Societies,
422
Presbyterian Societies, 427
Episcopal Societies, 438
Methodist Societies, .
446
African Methodist Society,
453
Roman Catholic Society,
454
Townships, .
455
Early Marriages,
464
Ancient Buildings,
467
Slavery,
476
Beverages,
479
Editors,
483
Farming Implements,
488
Public Conveyances,
·
489
Quit-Rents and Warrants,
492
Surveyors, .
.
512
Appendix.
Bowen Family,
517
Carll Family,
521
Clark and Hillman Families,
525
Elnathan Davis Family,
528
Davis Family,
530
Laning Family,
.
533
More Family,
.
538
Shourds Family, .
541
·
481
Genealogy,
.
James Nevill-Opinion of English Law and Trial by Jury, 548
ERRATA.
On the 93d page, 7th line, instead of " Elizabeth Pyle," read Elizabeth Plumbsteid.
On page 374, 5th line, after Wyatt, should have been inserted " gentleman. Edith was a relative of Bartholomew Wyatt."
On pages 496, 497 and 498, and throughout quit-rents and warrants, James Nevell should be spelled "Nevill."
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