History of Essex and Hudson counties, New Jersey, Vol. II, Part 66

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830

USA > New Jersey > Hudson County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 66
USA > New Jersey > Essex County > History of Essex and Hudson counties, New Jersey, Vol. II > Part 66

Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).

Court Established at Bergen .- On the same day that the above commission was granted Petrus Stuy- vesant, on behalf of the High and Mighty Lords States-General of the United Netherlands, the lonbia Directors of the incorporated West Indies Company, director-general of New Netherlands, Curaçao, Bo- naire, Aruba and their dependencies, together with the Council, granted an "Ordinance" or "('harter "

93S

HISTORY OF HUDSON COUNTY, NEW JERSEY.

for the village of Bergen, the second section of which reads as follows :-

" In order that all things may be performed with proper order and repect, it is necessary to choose as judges honest, intelligent persons. owner of real estate, who are lovers of peace and well affected subjects of their Lunds and patrons, and of their Supreme govern- ment established here, promoters and profesors of the Reformied Religion, as ti at present taught in the Churches of the I'nited Neth- erlunds, iu conformity to the Word of God nud the order of the Synod of Dordrecht. Which Court of Justice, for the present time, until it shall be hereio otherwise Ordained by the said Lords Patroons, or their Deputy, shall consist of oue schout, 1 being on the spot, who shall, in the name of the Director-General and Conuvil, convoke the appointed schepens 9 and presi-te at the Meeting ; and with hint, of three Schepens, to which office ure for the present time and ensuing year, commencing the 20th of this month, elected by the Director-General and Council, Michael Jansen, Hurman Smeeman and Caspar Stynmets."

In the eighteen or twenty sections of the charter the duties of the court and inhabitants of Bergen are detined, and a full list of actions that may and may not be tried before this court.

The magistrates before they could enter upon the duties of their office, were obliged to subscribe to the following oath:" We promise and swear, in the presence of Almighty God, that we will be faithful to the sovereignty of the High and Mighty Lords, the States-General, the Lord Directors of the privileged West India Company, Department of Amsterdam, as our Lords and Patrons, the Director-General and Council now placed over us or hereafter to he appointed, that we will respect and execute their commands, that we will exercise good justice to our best knowledge, repel all mutiny, troubles and dis- orders to our best abilities, maintain the reformed religion, and no other, and support the same, and conduct ourselves punctually in conformity to the instructions which we already received or may yet receive, and further art as good and faithful magis- trates are in duty bound to do. So help us God Almighty."

Thus was established the first municipal government and the first court within the present state of New Jer- sey, unless " the existence of the somewhat apocryphal tribunal at Hospating, near Hackensack, beadmitted," " be opened and the cattle driven to water. While which was, no doubt, a mock tribunal convened by | thus engaged, both cattle and people were liable to annoyance from the Indians. To obviate this danger, the court of Bergen passed the following:

Van Dineklagen and called a court when it was nothing but a treaty. And it may not be at all inap- propriate to insert here the names of the members of this pioneer court while under the Dutch rule, so far as existing records reveal them.

SCHOUTS PRESIDENT).

Tielmao Van Vierk, appointed sept. 8, 161. Balthazar Bayard, 3 appointed March 17, 1664. Claes Arents Tvers, appointed Aug. 18, 1673.

1 Schout er sheriff. The word is derived train Schuld. According to Grotius, the name is an abbreviation of "Schuld rechter," or criminal judge. llis functh ne wore somewhat analagous to those of balliff er county sheriff, combining with them the office of preventing att orney.

" Magistrates, somewhat like a justice or aldermann.

" Bayard's grandfather was a professor of theology in Paris, whence ho was driven by religious persecution to Ilulland. Here his son Samuel married Anna, n sister of Governor Stuyvesant, by whom he had three children, -Balthazar, Nicholas and Petrnr. Balthazar was a brewer ;

TOWN CLEAKS.

The schout, appointed sept. 5, 1661.

Balthazar Bayard, appointed March 17 1664.

('laes Arents Toers, appointed Aug. 18, 16;3.

SCHIPENS.

Michiel Jansen, Harman Smeeman, Casper Steinmets, appunted Sept. 5, 166).

Casper Stoinmets, Engelbert Steenhuysen, Gerrit Gerritsen, appointed Oct. 16, 1602.

Balthazar Bayard, Adolph Hardenbrook, Harman Smeeman, appointed Dec. 17, 1663.

Gerrit Gerritse, Thomas Fredericks, Elias Michielse, Peter Marcel- lisesan. Cornelis Abramse, appointed Aug. 18, 1673.

Walinck Jacobse, Engelbert steenhuys, Kunch Michielse (Gemvenepas), Claes Jansen (Ahasynuis), appointed Aug. 31, 1674

Jan Dircksen Seicken ( Minckaque and l'emerpoch), 4 Ang. 31, 1674.

COURT MESSENGERS.

Jan Tibout, appointed 1661.

Cines Arentse Toers, appointed 1663.

Under the necessity laid upon them, as before observed, the people had flocked to the new vil- lage and taken lots (for they were free) in the general distribution, but had neglected to take patents for them. This negleet made confusion, and caused the enactment of the following :

" ORDINANCE.

" All inhabitants of New Netherland, and especially those of the village of Bergen, on the West side of the North River ; also all others who have or claim any lands thereabouts, are Ordered and Com- manded that they, within the space of three months after the date hereof, at latest, before the first of January next, shall have all the cultivated Lands which they claim, surveyed by the sworn surveyor, and set off and desiguated by proper marks, and on exhibition of the Return of survey thereof, apply for and obtain a regular Patent as proof of property, un puin of being deprived of their right, to the end that the Director-General and Council may dispre, as they may deem proper, of the remaining Lands which, after the survey, may happen to fall outside the Patente, for the acconnuodation of others. All are hereby warned against loss ant after complaint.

" Thus done in Fort Amsterdam in New Netherland, the 15th Septem- ber 1661."

As the village had been palisaded for protection from outside attack, the people were anxious to get the full benefit of these fortifications. But the cattle must be watered, and since there were no means within the defense's for that purpose, the gates must

"ORDINANCE IN RELATION TO PUBLIC WELL ON THE SQUARE.

" Whereas, the Schout und Schepens have reflected and daily con- sideres that some persons drivo their Cattle to water outside the Land : gate and Fence now provided and erected, they have deemed it nulvisible

in 1064 married Maritje, daughter of Govert Louckermans ; wax clerk in the secretary's office from 1654 to 1600 ; represented Borgen in the first and second General Assembly in East Jersey io 1668. Shortly after this hın returned to New York. Hle wus appointed shopeo in New Orange, Aug. 16, 1673, assistant alderinan in 1646-87, and ulderman in 169].

4 This namo was applied to that part of Bergen township that iny he- tween what le now the Morris Canal and the First Reformed Church in Bayonne. The following are some of the ways of writing the word : Pembrepogh, Pembrepock, Pemerpogh, Pemrepogh, Pomerapogh, Pom- merupugh, Pommeropock, Pemmarepocq, Pemmerpogh, P'emrepuh, Pamrepogh, l'amrojogh, Pamrepork, l'amrapaw, Pamarapogh, Pamper- pogh, Pimbrepow, and at present, l'amrapo, which is the mune of a rail- rond ntation on the Central Inilroud of N. J .- H'infield, 85.

OLD BERGEN TOWN AND TOWNSHIP

and higely ar; that & Pu | Wel be in trin ted for the publi a. make the user to Water thet ande.

and tound of New Netherland, that every for of the Inhabitants of Her, n, after Inve con nutil Ily Jan Tibert, tet memeligger, chal tud appear, . thy la) prefivel, piw nally, r by substitute, vu jan of arlatrar . re denby the Offer.

" Tto . at the Court of the Village f Bergen, un Ionity the > hout mnd » bogens, tristi Jin .. , 1662

This ordinance was rat find Is the director-general and Council of New Netherand at New Amsterdam, Feb. 9, 12.

L'eder the above law a well was dup in the centre of the square, and troughs were placed around it for the cattle, and a long sweep used for raising the water. The well continued a use until within the present century, when it was covered over, and a liberty pole placed in it. This pole was taken down in the autumn of 1870 when the square was pavel, and all traces of the well disappeared The destrue- tion of this old well was almost as crilege. Its asso- ciations and its memories should have pleaded " like angels trumpet-tongvel against the deep damnation of" its filling up. Perhaps in no other country or State would such an outrage have been attempted.

AAmong other annoyances which arose in the ger- ernment of the village was the lack of men necessary for its protection. It was laid out in the woods, and surrounded by unreliable Indians. Several of the lots in the town had been taken by people living in New Amsterdam, who neither came to reside nor sent men to do their part in the defense of the place, as wa- required by the charter. In all comumunities where one member shirk- a duty the other members are forced to bear unjust burdens. These who resided in the town were obliged to contribute to its defense for their own safety, and thus protected the property of non-residents while securing their own. They felt this to be unjust, and their complaints to the author- ities called forth the following ordinance, passed Nov. 15, 1663:

"ORDINANCE.

" In the repeated Complaints of the majority of the Ir alstants of the Village of Bergen, that some Conti rue to neglect to occupy the Lis they obtained in said Village, and to keep the reon a man he to bear arms a, that some alment themselves without providing the ir Watch where by the people of said Village ar . so much fatigued that they canu it any longer stand at their pista, atul are uuwilling to go niy I uger ou guard, uulors the others who have vacant Late keep for the guard one man with then for each Lot , the Director-tieneral and trumcil, in order to prevent this confusion, resolve that all those who Jaim any Low in the aforeand Village shall, within 24 hours after the service barrof, furnish ant no tionally maintain for each Lot, a . man able to bear arms and t hoog watch and ward, a pain of having the Late with the Land the olo appertuing, as survey 1 by the Survey r, imins lately giren and granted in propriety to others, Les every che the hereby wasnot for the Just time."

Communipaw in 1660 .- Immunipaw www exempt from the general order that the people should remove to the new village of Bergen, as it was the intention of the director-general to establish a vil

lage at that place; also Jacques Cortelyu was ordered,

int . village lots. The lots thus surveyed fronted on the bay, and had a depth of about two hundred tet and extended from what - now Communitas Are- nu on the north to the Bay Shore House on the south Within this small territory the village was erected and I finse - set up against the attack of the Indian . But the settlers did not all lend a willing hand to rect the definises some of them were too willing that others shevil do all the work and bear all the expe se, satisfied that their in hvidnal in- forests would be secured in the general protection. To this those who were willing to perform their duty would not submit, and the 10th day of February, 1661, Tillman Van Vleck, for himself' and in the nau ret Michael Janson, Casper Striments and Har- man Smeewem, presented a petition "that it might please the Director-General and Council to rue their orders with regard to the palisadoing of the new village of fiemme nepa, so that it may be unanimously undertaken, 'and that all pers ois be corn anded to use the newly laid out wagon road, and by no other. On this petition the apostille was,-

"T ps us name ) in this petiti, are authorized to promote as well cho palisadoing of the village as that ut th land, m, as they cinsi ler the situati a of the place and time, chat dort proper, carefully læring that th . palisades which are used are of a due le ith anl th kneod, Viz. . Lotweens art and seven I t above the grand, and to en municate this to th . Inhaltants of the Village by affix. I billets, .om nding them. up in an ameud . of tu . £ flanders, to be part in behalf of the vi lage by one who, at the determin d day, shall be found to have neglected the nie r the other part of h- luty. What regants the wagon rund, this way be delayed to a wire favorable opportunity. In the day as

The palisading seems not to have been done very well, or not done at all, as we find by the following extract from " Col. Sett. on Hud. Riv." :

" M uduy, the lath (June 1 .

"I'reweut Coun il their Honors Director-General Petrus Stuyy sant

" They lister ed to the verbal request of Harus a "meeman, Nih ins Barbe and File Harm in, Widow I Michiel James, t enclose to . "Horatio of these dangerous times their set ament at bemvenere with long juilusades for the safety of their h une and barna and that for this pur[ so one as well as the ther should be nije led to crutri t pru ruta. The Director-General and sun il probe and approve request and appoint herewith as comsteiners to hasten this urcemary work Gerrit Gerritsen, Harmen smeeman and link C'lare u, nering and em- powering them, to compel every inhaltart & Iatribute, as they shall judge it uptable and inspiring rtion les the area and lost un of the fan

Some of the Pioneer Officers of Bergen .- It would be a pleasure to trace the hiveage of the oll pioneers who formed the first court of Bergen, but, unfortunately, nothing has been left on record, or at least within our reach, that would give us a clue to their parentage or business career, with the exception of the very few who are here mentioned.

HARMAN SMELMAN was born in 1624, at Iserlow, a town in the county of Mark, Westphalia. Ha

" The road referred tom the ring we the was from ( umun- Jan t. Bergen, re haag by the . it-tall. '

HISTORY OF HUDSON COUNTY, NEW JERSEY.

arrival here was at an early date. In 1645 he married Elizabeth Everts, and, she dying, he married Barent Direksen's widow. In 1657 he purchased of Michael Jansen a farm at "Gemoenepa " for nine hundred florins, but where the same was situated has not been ascertained. In the same year he was admitted to the rights of a small burgher, and when the settlers were permitted to return to Pavonia, he settled on his farm. In 1663 he was one of the three commission- er- to fortify "Gemoenepa," and received fifty pounds of powder for its defense. When, in 1664, Governor Stuyvesant summoned a "Landtag," to consider the state of the provinces, Smeeman and Engelbert Steenhuysen were selected to represent Bergen. He was reappointed schepen in December, 1663. He seems to have been fond of the sports of his day, and with but little reverence for the Sabbath, for on that day, Feb. 8, 1664, he engaged in the sport of Pulling the Goose. Vanderkemp says this was a game among the farmers in tielderland and on the borders of the Rhine. A goose was fastened by a rope be- tween two poles, the neck and head greased with oil or soap. They who entered the list drove at a full gallop, and usually they fell when they missed their goose. lle who carried off the goose was called king for that festival. Smeeman was, however, quite a man in the pioneer days of okl Bergen.

CASPER STEINMETS .- At what time he came to this country does not appear. In the spring of 1652, having lost his first wife, he married Jannekin Ger- rits, of Zutphen, probably living at Harsimus at that time. For his third wife he married Tryntje, the widow of Jacob Stoffelsen and former widow of Jacob Walingen Van Ilorn (Winfieldl's " Land Titles," 8]). He resided at Harsimus, and was driven out by the Indians in 1655. He then went to New Amsterdam, where, on Feb. 22, 1656, he was licensed to tap beer and wine for the accommodation of the burghery and strangers (New Ainst. Rec., ii. 85). He was ad- mitted to the rights of a small burgher April 11, 1657 (New Neth. Reg., 175). June 21, 1657, he was ap- pointed lieutenant of the Bergen militia (N. Y. Coll. MSS .. x. 149), and on the 4th of September, 1673, was made a captain (Coll. list. of N. Y., ii. 597). In : 1674 he was a deputy from Bergen in the Council of New Orange (Ibid., 702), and a representative from Bergen in the first and second General Assembly in New Jersey (Leaming and Spicer, 77, 85). After his

- marriage with Stotlelsen's widow he took possession of the West India company's farm at Harsimus, and, as was always the case with possessors of that farm, became involved in trouble with his neighbors,- Van Vorst and others (Coll. Ilist. of N. Y., ii. 704, 716 . He died in 1702, leaving numerous descendants in this county, who have all died out (Winfield's " Ilist. Hud. Co.," 76).

U'LAES ARENTSE TOERS .-- When or where he was born is not now known. He was appointed coroner of Bergen County, having been appointed Der. 6,

1683, and was the second person to hold that office in the county. It was at his house in Bergen that Knatsicosan, an Indian, attempted to murder his brother, Jan Arentse Toers, April 11, 1675, for which the Indians bound themselves to pay one hundred fathoms of white wampum or an equivalent in skins, within twenty days (Winfield, >1).

ENGELBERT STEENHTYSEN, schoolmaster, was a tailor by trade, and came from Soest, the second city in Westphalia, arrived at New Amsterdam in the ship "Moesman," of which Jacob Jansen was skipper, April 25, 1659, paying for his fare and freight thirty-six florins (Alb. Ree., viii. 434). With Herman Smec- man he represented Bergen in the Landtag; in 1664 (Broadhead, i. 729). He has the honor of being the first schoolmaster in Bergen, having been licensed Oct. 6, 1662 (New Neth. Reg., 133, Winfield, 82).

THOMAS FREDERICKS DE CUYPER was another of the schepens of Bergen. He is said to have been a wood-sawyer, and was admitted to the rights of a small burgher April 12. 1657 (Winfield, 84).

PETER MARCELLISSEN came from Brest, in the ship " Beaver ;" arrived May 9, 1661, with his wife, four children and two servants. His children were aged respectively thirteen, six, four and two years. Ilis servants were a male and female. The passage cost him as follows: For himself, 36 Horins; for wife, 36 florins ; children, 90 florins ; servants, 70 florins. Fle was the founder of the Merseles family in this county and vicinity (Winfiel), $4).

CHAPTER XI.

OLD BERGEN TOWN AND TOWNSHIP .. 1 (Continued.)

Bergen Rechartered .- In 1664, by virtue of full power from Lord John Berkeley and Sir George Carte- ret, on the 10th of February, Philip Carteret was ap- pointed Governor of the then province of New Jersey, and by their concessions of the 10th of February, 1664, authorizing the said Governor of the province and his Council to make grants of land subject to such rents and reservations as might be proper, said Philip Car- teret and his Council did, on the 22d day of Septem- ber, 1668, make, execute and grant to the town and freeholders of Bergen a charter or deed of lands and privileges. The boundaries of the same are thus de- scribed :

"The bounde and limits of the aforesaid corporation of Bergen is to begin at the North end thereof, from a place called Mordavis' Meadow, lying upon the West side of Hudson's River ; from thence to run upon A N. W. line, by a three-rail fence that is now standing, tu a place called Espatin, and from theuer to a little creek surroumling \ N. W., till it come into Hackensack River, containing in breadth from the top of the bill one and a half miles, or one hundred and twenty chains. From

) From B. (. Taylor's "Annals of Bergen Classin."

941

OLD BERGEN TOWN AND TOWNSHIP.

then a it rans along the Hla kenmerk Rher men as & W hue till it con to the point or neck of land that iauver age het Staten Islan I and Shooter Island in Arthur Cull Bay, containing in length about twelve Iniles. From thebre t , run hastward along the river called Kill Van Koll that parts Staten Island from the main to a joint or a k of land called Ouestable's Pont re mustable's Houk, and fi in theure 1 100 up Northward all -ng the bay up into Hudson . Bidv + till it mora to Mer- davis Meulow aformaud, so that the wi de trart of upland am! ne wow properly belonging to the jur sliction of said town and corje ration of Bergen in b anded at the North by a tout of land belonging to Captain Nicholas Varlet and Mr Sa Fuel Ed all, on the Fast alle by Hudson's River, on the South eml by Kill Van h 1 that ports Saton Islatis aind the main, and on the West side by Arthur Cull Buy and Hackensack Hiver The whole, both upland, meadow and waste land, containing uu cording to the survey aloven they and five hundred and twenty (! " English meustre.'

The second article of the charter requires a pay- ment to the lords proprietors, or to their heirs or suc- ressors, or receiver-general, of fifteen pounds sterling for the whole traet, in lien of the halt-penny per acre mentioned in the concessions; payment to begin March 25, 1670.

The sixth and seventh articles relate to schools and churches.

The fourteenth article empowers the corporation to Greet and ordain courts for the trial of all causes actionable between party and party, from whence no appeal could be taken, under five pounds sterling ; also for the trial of criminal causes. The court wns to consist of a president, who was to be a justier of the peace, and of the magistrate, or any two of them, a clerk and such other officers as the court may appoint.

The Township made a Body Corporate .- Under this charter the government of the township was maintained until the 14th day of January, in the twelfth year of the reign of Queen Anne, A.D., 1714, Robert Hunter being then Governor-in-chief of the province of New Jersey, when a petition from Andrew Van Buskirk, Barrent Christian, Enoch Freeland, Rutt Van Horne, Hendrick Cuyper, Winder Droerich and John Deverichs, being frecholders in behalf of them- selves and the other freeholders of the town, setting forth the previous possession and enjoyments of their ancestors of divers lands, tenements, hereditaments, and their exercise of divers privilegesand immunities, by virtue of the above-named charter, and that many of the lands were lying undivided, and were subject to great damage and waste of wood, and that by said charter sufficient authority was not given to prevent such damage, as well as for other purposes, relief was needed from the government. An act was passed of that date, Sept. 22, 1668, in the reign of Queen Anne, giving the petitioners a new charter as a community or township, or body corporate or politie, by the name of "the trustees of the freeholders, inhabitants of the Township of Bergen," with more extensive powers.

By this authority they were declared a body corpo- rate and politie, " with power to sue and he sued, to purchase, have, take, receive and enjoy, to them and their successors forever, the use of the freeholders, in- habitants of the township of Bergen, Innds, tenements, messuages, rents, privileges and other hereditaments,

of whatsoever nature kind and quality they be, in fee and perpetuity ; as also to give, grant, bargain, sell, let and dispose of any of the land belonging or appertaining to the sand community, and as yet unap- propriate, either for one, two or three lives, for a term of years or in fee, to make all such prudential rules and orders for the improvement, preservation and defense of said lands to have a common seal; to choose two constables, one overseer of the poor and two overseers of the highways ; the said corporation yichling, rendering and paying therefor, unto them, their heirs and successors, or to the collector-general of the said province, for the time being, yearly and every year, on the first day of the Annunciation of the Blessed Virgin Mary, an acknowledgment of the said privileges, the annual rent of five shillings, in lier and stead of all other remis, services, dues, duties and demands whatsoever for the same."

Undivided Lands Occupied in Common. Under the foregoing charter, confirmatory of previous grants and privileges, the interests of the township were somewhat better cared for. Nevertheless, ditheulties were arising among the patentees claiming an interest in the common lands so called because held in com- mon and actually used in common in regard to the entting of timber, and in many instances, encroach- mentson said common lands by the occupancy of por- tions of the same by individual frecholders, until it became an extensive grievance and the occasion of disagreements among them. The extent of this difficulty is illustrated by an instrument in writing, formally executed by no less than thirty-one of the artnat frechoblers, all being inhabitants of the township, on the 16th day of June, in the six- teenth year of the reign of King George the Second, Anno Domini 1743, in which the said persons say that "since the making of the said charter (that of Carteret ) and grant sundry of the said free- holders have at sundry times surveyed, taken and used, and improved to their own use and benefit, sun- dry lots, pieces and parcels of the common and undi- vided lands within said township and corporation, without any warrant, power and authority for so duing, and without the consent of the major part of the freeholders of the said township, for that purpose first had and obtained, and have used and enjoyed the same with their patented lands, by means whereof it is not known how much of the said commons have been taken in by the said frechollers, nor can the same be found out or discovered without a particular survey of such patents, to which such common lands have been taken in and added to. Wherefore said parties have agreed as followeth ";

Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.

History of Essex and Hudson counties, New Jersey, Vol. II, Part 66

Author: Shaw, William H Publication date: 1884 Publisher: [United States :] Number of Pages: 830

Author: Shaw, William H
Publication date: 1884
Publisher: [United States :]
Number of Pages: 830