USA > New Jersey > Hudson County > History of the county of Hudson, New Jersey : from its earliest settlement to the present time > Part 10
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"On this complaint the Schout came to me and asked me if I had taken any hogs away from there. I answered him right out,' Yes.' He inquired how many. I said, ' Four.' ' Why did you do so ?' I answered, ' Because they ap- parently belonged to me.' Then said he to me I must appear before the next court at Bergen to justify such act. I said to him, 'It shall be done, and very effectually.' I repaired thither, as your honor can see by the copy of their judg- ment hereunto annexed.
"1st. And in case I am blamed for having done so without the knowledge of the Schout, I answer thereto, had I known, as I did not, that the Dutch law re- quired me to do so, I had justly deserved censure; but not knowing that. I knew no better than that I might carry these hogs home, as I presumed they justly belonged to me, finding them so near my land and the place to which I had carried so many, communicating my intention therein to the person who set up a claim to them.
" 2d. Had I let them run about, they would have perhaps fared no better than the other two which I left loose, as well as my sow that has not turned up, but apparently has gone the same road as the rest of my hogs and their offspring have gone ; there being some people in the world who consider all as fish that comes into their net.
" Right Honorable, this is the real truth of this matter, whereby I hope your honor will clearly see my innocence in this instance. That I carried them silently away, without informing any one ; and when the Schout questioned me thereupon, denied the deed, or acted evasively, which I could have done had I had a dishonest intention, it might have created some presumption, and had I
99
COURTS HELD IN BERGEN.
These same persons were reappointed, February 16, 1677.
The following were appointed, June 13, 1673, members of the Special Court of Over and Terminer, to be held at Bergen, June 24, 1673, with power to try all causes brought before them : Wil- liam Sandford, President ; John Pike, John Bishop, Samuel Edsall and Gabriel Minvielle. The General Assembly having provided for holding a semi-annual court in each county, the fol- lowing persons were appointed, February 16, 1676, to hold a court in Bergen on the first Tuesday in the following
an intention to perpetrate dirty actions, there were opportunities enough with- out any one being knowing of them, before the hogs had been driven away and their number known. But, on the contrary, I strictly charged my negroes not to touch anything, but it is evident that they did not violate my order therein, insomuch that Capt. Sandford himself said that he thought the occurrence took place lately.
" My most earnest desire is that your Honor would please to take these points into consideration and to annul the aforesaid judgment, so that such an unde- served stain may not remain on me and my posterity. I pray forgiveness for having troubled your Honor with this long narrative. The highly prized pledge of an honorable name, which I esteem far more than all riches, hath caused me to do so. I conclude it with my prayer that the Divine Wisdom may be pleased to endue your Honor with intelligence and understanding not to justify the guilty and not to condemn the innocent, both of which are an abomination in the eyes of a righteous God. 17 Proverbs, v. 15.
" I would only inform your Honor that, according to the English law, it is usual to do as I have done in this case, and by that law I might take these hogs away with me, and in case any one lay claim to them, he should summon me be- fore the public court of Justice and the Jury of 12 men had to decide thereupon, and if the ownership was found in me, then the Plaintiff is condemned to pay all my costs ; and in case they found for the Plaintiff, then I was condemned to restore the property and to make good his costs and damage ; that is, what the Defendant hath appropriated and converted to his own use. This is called an action of Trover and Conversion. But were an accusation of Theft made, a seri- ous action would be against the complainant. Had I been aware that the Dutch Law demanded otherwise, I would have conformed thereto. The Word of God declares that where there is no law there is no Transgression. At least, a mis- conception ought not to be viewed through a magnifying glass, as the Schout of Bergen tried to do in the avaricious craving for a fine.
" Your honor will please to reflect that Theft is a deed of darkness and silence and shuns the light, and confesses only on compulsion ; whereas my actions in this case were in every step the contrary."
It is proper to state that the penalty in this case was, on appeal, reduced to
,
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100
HISTORY OF HUDSON COUNTY.
March, viz. : John Berry, President ; Samuel Edsall, Lourens Andriesen, Elias Michielsen and Engelbert Steenhuysen. To hold the same court at the same place on the first Tuesday in March, 1679, the following persons were appointed Febru- ary 18, 1679, viz. : John Berry, President ; Lourens Andriesen, Elias Michielsen, and Epke Jacobs. Ide Cornelisen Van Vorst, Gerrit Gerritse (Van Wagenen), Dirck Claes Braecke, and Elias Michielse (Vreeland) were chosen July 27, 1680. Lourens An-
100 guilders, on condition that defendant return the hogs, or prove them to be his within six months. Col. Hist. of N. Y., ii., 729.
The following record may be found in N. Y. Col. MSS., rrir., 218 :
" At a Court of Sessions held at Berghen, in New Jersey, Sept. 15, 1680.
" The Court opened by Harry Newton.
" A Jury empannelled & sworne.
" The Triale betweene Mr. William Lawrence, Pltff.
" Mr. Michael Smith, Deft.
" The Decl. upon an action of trespasse upon the case about a parcell of Hoggs said to be stolen by the defts. negroes from the pltff. The deft. offers to come to agreemt.
" The Court adjourned.
" Afternoone.
"The negroes of Mr. Smith examined. Righto confest that hee and his 2 comrads had killed 11 hoggs in the woods and brought two home on Saturday night, and told his mr. of it in the morning, who was very angry, and told them they would bee hanged, &c. The rest were brought home after to the num. of 9.
" Harman Roeloff relates his finding 2 hoggs dead in the woods the sunday morning, & went and acquainted Mr. Smith.
" The two were wounded, small holes like swan shot.
" The negroes deny to liave had any gun. The negro Jeremy confesses, also doth Harman. Mr. Baker's negroe confesses to have killed one hog unmarked, about the same time.
" Ordered all 4 to bee secured by the court. Their masters engaging they should bee forthcoming, were sett at liberty.
" Afterwards the arbitrators employed to reconcile the matter in difference between Mr. Lawrence & Mr. Smith being sent to, returning answer that they could not bring in their report conveniently till the morning. Court adjourned till morning.
" Thursday, Sept. 16, 1680.
" In the morning
" Mr. William Lawrence
" Mr. Michael Smith
"The Arbitrators, come into Cort & declare their incapacity of ending their
101
NAMES OF MEMBERS OF THE COURT.
driesen, President : Samuel Edsall, Enoch Michielse and Gerrit Gerritse, Angust 31, 1681 ; and Lourens Andriesen, President : Samnel Edsall, Enoch Michielse and Gerrit Gerritsen, August 31, 1682; Claes Arentse Toers, Hans Diedricks and Enoch Mich- ielse, December 5, 1683. William Douglas was appointed Clerk, March 28, 1683.1
arbitration, having not liberty to chuse an Umpire. The cort allow them liberty & gave them three hours time.
" The court in meane time adjourned.
" Afternoone.
"The Arbitrators with their umpire bring in their report.
" Mr. Lourens Andries, - named by ye plttf.
" Mr. Claes Arents, the Clarke, )
" Mr. John Baker,
" Mr. William Douglas, 1 by ye deft.
" John Ward, Umpire.
" The award £32 10s Od Losse of Stock : £2 19s. Od towards his bill of charges. to be pd in 6 m. One halfe in good winter Wheate & halfe in specie of the produce of ye country.
" Judgment according to ye award, & upon default at the time, Execution.
" Two of Mr. Smith's Negroes, vizt., Jeremy and Harman, condemned to be whipt 20 Lashes apiece, & Will, Mr. Baker's Negroe, the like, Righto, for his engagement for the future to amend, & reveale his knowledge of any thieving or &c., done by other Negroes, & to be Executioner to the above three, is remitted.
" Execution was done accordingly in sight of the court.
" After which the court dissolved."
Mr. Smith was a son-in-law of Capt. John Berry, and probably the ancestor of the Smith family at Secaucus. He was sheriff of Bergen county in 1683, and hence was the first sheriff of the county.
1 The following commission (Book; 3 of Deeds, Trenton) was sent to the court one week after Sandford's appointment :
" Whereas, Emanuell, a Negro belonging to the family of Capt. Nicolas Ver- lett, deceased, hath Maliciously and by the Instigation of the divill sett on fire a barne in the towne of Berggen belonging to the said family, and being proved against him by General Circumstances, and more perticularly by his owne Con- fession to the Consumation of the said barne and divers cattle that were there- in, to ye Great loss and Im poverishing of the said family, which Is death accord- to the Lawes for any person that shall comit wilfully any such abominable Crime, These are therefore to give full power and Authority to the Justice and Magistrates of the said towne and corporation of Bergen to bring the said Emanuel to a tryall before them, and according to the Lawes of England iff he
102
HISTORY OF HUDSON COUNTY.
In due time, after the surrender, the oath of allegiance to the British erown was administered to the inhabitants of Bergen. The following is a true copy of the oath, to which is added the names of those who subscribed to it :
" The Oath of A Legeance taken by the Inhabitants Bergen alias and in the Jurisdiction thereof, Beginning the 20 Novem- ber, 1665 :
" You doe sware by the holy Evangelists Contayned in this book to bare true faith and A Legeance to our Gov" Lord King Charles the Second and his lawfull Successors, and to be true and faithful to the Lords Propryetors and their Successors and the Government of this Province of New Jarsey as long as you shall continue a freeholder and Inhabitant Vndr the same Without any Equivoeation or mentall reseruation Whatsoever, and so helpe you God.
" Captt. Nicholas Ver Let, Justice,
" Herman Smeeman, Magistr,
" Gasper Steinmets, ditto
" Elyas Michielsen, ditto
" Ider Cornellissen, ditto
" Hans Diedrect, Constable,1
" Tynemant Van Vlickt, towne Clarke,
" Captt. Adrian Post, Ensigne,
Paulus Pietersen, Hendrick Tunisen, Adolph Hardenbrook,
Geurt Garetsen, Barthel Lott, Christian Pietersen,
Thomas Fredericksen,
Cornelis Abrahams,
IIerman Edwarts,
be found Guilty by a Jury of the fact to passe Sentence of death upon him, which they are to execute in such forme and manner as they in theire Judg- ments and Wisdomes shall think fitt for the terror and Example of others, and for their so doing this sliall be to them and Every of them a sufficient Authority, provided that this Commission shall be of no longer power and force but for this present occasion. Given under my hand and seal of the province the 15th day of March, 1669."
How long Bergen continued to be the seat of the principal courts of the county I am unable, with the information at hand, to state. But on the 20th of August, 1703, the courts for Bergen county were appointe.I to be held at Bergen. Per- haps the facts upon this subject will be more fully known when the records now being obtained from the colonial office in England shall have been pub- lished.
1 Diedricks was a representative of Bergen in the General Assembly in 1686.
103
FIRST TAVERN LICENSE GRANTED.
" Jacob Luby,
" Arent Lawrence,
" Jan Tibout,
Joas Vande Lynde,
" Pieter Jansen,
" Laurence Andries,
" Derrick Tunisen,
" Douwe Harmensen,
Herman Court,
Renier Van Giesen,
Jan Euersen Casabon,
" Engelbert Steenhuis,
Garret Garretsen,
Claes Arentsen,
Laurence Arentsen,
Isaak Van Vleck."
The village of Bergen was now for years old, and it is alto- gether likely contained within its bonnds many droughty burghers to whom a tavern could administer great consolation. There is no evidence that such an institution existed in the village by permission of the Dutch authorities. Hence it is probable that the following is the first license to keep a hotel in that place :
" Whereas, the inhabitants of Bergen have thought fitt to have an Ordinary or publick Victnaling House settled in their towne for the accommodation of Strangers and passengers and to Retaile all sorts of drink and other Liequers, for the Effecting Whereof the Magistrates have pitched upon Christian Pietersen, an inhab- itant of the said towne, as the most fittest p"son for that Employ- ment, and for Which they have requested my Lycence : These are therefore to permitt and Lycence the aforesaid Christian Pietersen to sett up and keep the aforesaid Ordinary or Vietuall- ing hows for Entertainment of all Strangers and passeng's and to Retaile all sorts of drink and Other Licqrs to all prsons Except- ing Indians, provided he keep good Ord' in his hows and fitt ac- commodation for strangers and not to exceed the rates that shall be appointed upon all sorts of drink and liquers1 by the Magis- trates of the said towne, hereby prohibiting all other prsons whomsoever to sell any sorts of drink or Licquers by way of re- taile in their howses upon the penalty of paying to the use of the publick tiftie shillings for Every such offence for their contempt, Which said Lycence is to continne for one Whole veare from the
I U'ntil quite a recent date the Judges fixed the rate of charges which might
104
HISTORY OF HUDSON COUNTY.
first day of January next Insuing the date hereof, and so to be renewed by the Secretary yearly.1
be demanded by tavern-keepers. The following were the rates at one time established in this county :
"A LIST of rates to be taken by every Licensed Innkeeper, as settled by the Judges of the Court of Common Pleas, for the County aforesaid, assem- bled June Term, 1844 :
For Breakfast, FOR MAN. $ cts.
Dinner in Common,
37
Ditto extraordinary,
50
Lodging per night, -
Claret per ditto, 75
Lisbon, Fayal and Teneriffe Wine per ditto,
1 00
Fresh Lime Punch per quart, -
75
Toddy per ditto,
37
Grog per ditto, 25
West India Rum per gill,
12
Geneva per ditto,
12
Brandy per ditto,
12
Whiskey and Cider Spirits per ditto, 12
Cider per quart, -
Cider Royal or Bottle Cider per quart,
25
Strong Beer per ditto, 8
Ship Beer per ditto, - 4
Porter per bottle,
37
Metheglin, 37
Champaigne Wine per bottle,
2 00
And so in proportion for a larger or smaller quantity.
FOR HORSE.
For Oats per quart,
Indian Corn per ditto, - 4
Stabling a Horse per night on English Hay, 25
Ditto for twenty-four hours, 37
Stabling a Horse per night on Salt Hay, 12
Ditto for twenty-four hours, 18
Pasture per night, - 12
Ditto for twenty-four hours, 16
And so in proportion for a longer or shorter time."
1 Christian and his good wife, Tryntje, continued to pass the pewter mug to him that was athirst, until Feb. 13, 1670, when his license was revoked, and Hans Diedricks reigned in his stead. Hendrick Cornelisen seems to have re- ceived a license March 10, 1669.
Supper, 2.7
37
Madeira Wine per quart,
1 50
105
CARTERET'S CHARTER.
" Given Und' my hand and seal of the province, 14 Xbr, 1666, and in 18 yeare of his Maties Raigne."1
On the 7th of April, 1668, the people were called upon to elect representatives to an assembly to be held at Elizabethtown on the 25th of May following. For Bergen, Caspar Steinmets and Balthazar Bayard were chosen .?
From this time until the recapture of the country by the Dutch. the only thing of importance which occurred within the bounds of this county, save a few grants of land, was a charter to the town.3 This charter was granted by Carteret. The following is a copy :
" This Deede Witnesseth of Charter granted to the Towne and Freeholders of Bergen, and to the Villages and Plantations there- unto belonging, cituated and being in the province of New Cesarea or New Jersey : By Honble Capt. Phillip Carteret, Esq" .. Gov- ernour of the said Province, and his Counsil, under the Right Honble John Lord Berkley, Barron of Stratton, and Sr. George Carteret, Knt. and Baronet, the absolute Lords Proprietor- of the same, Containing the Limitts and bounds of the Jurisdiction of the said Towne, together with the immunities and Priviledges thereunto belonging and appertaining, as followeth : Imprms. The Bounds and Limitts of the aforesaid Towne and 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. lyne by a Three rail fence that is now standing to a place called Espatin, and from thence to a little Creek surrounding N. N. W., till it comes into Hackinsack river, containing in Bredth from the top of the Ilill. 13 miles or 120 chains, from thence it runs along the said Hack- insack river upon S. S. W. lyne till it comes to the point or neck of Land that is over against Statten Island and Shooter's Island in Arthur Cull Bay, containing in length about twelve miles.
1 Liber 3 of Deeds (Trenton), 10.
? Leaming and Spicer, 77, 85.
. For information concerning these grants see Winfield's Land Titles.
106
HISTORY OF HUDSON COUNTY.
from thence to run Eastward along the River called Kill van Cull that parts Statten Island from the Maine to a point or neck of Land called Constable's Point or Constable's houck, and from thence to run up Northward all along the Bay up into Hudson's river till it comes to Mordavis Meadow aforesaid; So that the whole tract of upland and Meadow property belonging to the Jurisdiction of the said Town and Corporation of Bergen is bounded at the North end by a tract of Land belonging to Captn. Nichs. Verlett and Mr. Samuel Edsall. On the East side by Hudson's river, on the South end by the Kill van Cull, that parts Statten Island and the Maine, and on the West by Arthur Cull Bay and Hackensack river, as it is more plainer demonstrated by a draught thereof, made by the Surveyor-General, hereunto an- nexed : The whole, both of upland and Meadows and Waist land, containing according to the survey 11,520 Acres English measure : Which said Limitts and bounds, together with all the Rivers, Ponds, Creeks, Islands, Inlets, Bays, Fishing, Hawking, Hunt- ing, and all other appurtenances whatsoever therennto belonging and appertaining. The half part of Golde and Silver Mynes, and the Royaltie of the Lords Proprietors only Excepted, to con- tinue and remain within the Jurisdiction, Corporation or Town- ship of the said Towne of Bergen, from the day of the date hereof and forever: The said Corporation submitting themselves to the Authority of the Lords Proprietors and the Government of this Province. To be holden by them, the said Corporation or Township, their heirs and Successors, as of the manner of East Greenwich, in free and common Socage.
"2dly. That all the Freeholders of the said Corporation or Township are hereby jointly and severally obliged to Pay or C'anse to be paid to the said Lords Proprietors, their heirs and Successors, or to their Receivers-General, within the said Prov- ince, on every 25th day of March,1 according to the English Accompt, the sum of fifteen Pounds Sterling, of good and Law-
" The beginning of the new year, old style. In 1752 the new style was adopted. That year began on the first of January, and on the third of September follow- ing, the old style ended, the next day being considered the 14th, new style.
107
CARTERET'S CHARTER.
ful money of England, or the Value thereof, in good and Cur- rent pay of the Country, as a Quit rent due to them, the whole said traet of Land above mentioned, in lieu of the gd. Pr. acre, mentioned in the Concessions, which Payment is to begin on the 25th day of March, which shall be in the Year of Lord 1670, and so to continne forever, without any change to the said Lords Proprietors or their Agent ; and that all Pattents for land here- before Granted, or to be Granted within the said Limitts, are to be accompted upon the aforesaid Rent of Fifteen Pounds Sterling pr. annum.
"3dly. That all Freeholders living and Inhabiting within the said Jurisdiction, Corporation or Towneship, wether within the said Towne of Bergen, Comunipaw, Ahassimus, Minkacque, Pem- brepock, or upon any other Plantation within the said Limitts, shall be deemed and accompted for Freemen of the said Corpo- ration or Township, and having taken the oath of Aleagance to the King, and Fidelity to the Lords Proprietors, are to have a Free Voice in Election, and to enjoy All the Rights, Imunities and Privileges hereby Granted nnto the said Corporation or Towneship.
" 4thly. That the Freeholders aforesaid, or the Major Part of them, are upon the Governor's Summons to make Choice of two Deputies to Join with the General Assembly for the making of Laws and Carrying on the Public Affairs of the whole Province.
"5thly. That the Freeholders aforesaid, or the Major part of them, have Power to chnse their own Magistrates to be assistants to the President or Judge of the Court, and for the ordering of all Publie Affaires within the said Jurisdiction. Provided that one of the said Magistrates is to be chosen ont of the Freeholders of Minkacque or Pembrepock. They have Power likewise to nominate their Justice or Justices of the Peace and their Military Officers, Provided that the Justices of the Peace and the Military Officers are to be approved of and commissioned by the Governor.
"6thly. That the Freeholders aforesaid, or the Major part of them, have Power to chinse their own Minister for the preaching of the word of God, and the Administering His Holy Sacra- ments. and being so chosen, all persons, as well the Freeholders
108
IHISTORY OF HUDSON COUNTY.
as the Inhabitants, are to contribute according to their estates and proportions of Land for his maintenance, or Lay out such a pro- portion of Land for the Minister, and the keeping of a Free School for the Education of Youth, as they shall think fit, which land being once laid out is not to be alienated, but to Remaine and continue forever from one incombant to another, Free from Paying of any hye Rent, or any other Rate or Taxes whatsoever, notwithstanding it shall and may be lawful for any particular person or persones to keep and Maintain any other Minister at their own Proper Cost and Charges.
" 7thly. That in Religions Concerns and the Way of Worship- ping of God there is liberty of conscience Granted to all Persons in Generall, as well to the freeholders as to others that are or shall be admitted Inhabitants within the said Corporation or Towneship, they taking or Subscribing the Oath of Allegiance to the King, and fidelity to the Lords Proprietors and their Suc- cessors, and that no Person whatsoever shall be Injured, Molested or Troubled for his or her difference in opinion in matters of Religion. Provided that this Liberty Granted shall not extend to Licentiousness or the Disturbance of others and the Public Peace.
" Sthly. That the Freeholders aforesaid, or the Major part of them, have power to admit of their own Inhabitants, and to divide all Proportions of Land as are within their Bounds and Limitts aforesaid, that are not already appropriated and Pattent- ed by particular persons before the day of the date hereof, Ac- cording to their Allotments and estates, as the Justices and Magistrates shall in their Wisdoms and Discretions think fit. which Lands being so divided, every man's proportion is to be surveyed, butted and bounded by the Surveyor, and the same to be recorded by the Secretarie and Recorder-General of the Province, or by Eyther of them, which Propositions and Allot- ments being so Surveyed and Recorded after two years In posses- sion, shall not be subject to any resurvey nor Alterations of Bounds, but shall remain according to the first survey for ever. And for the better avoiding of all Frauds and Sntes at Law, all Mortages, Transports, Sales and Leases for above the Terme of
109
CARTERET'S CHARTER.
One Yeare, and all other concerning Houses and Lands are to be recorded by the Secretary as aforesaid, for the Neglecting thereof all such contracts as aforesaid, are to be void, and of no effect in Law.
" 9thly. That all Lands and Meadows that are appropriated and pattented by particular persons before the day of ye date of these presents shall continue and remain unto them without any alter- ation, unless the Proprietors thereof will give their Consent to the Contrary.
" 10thly. That the Freeholders and Inhabitants of the said Corporation shall have a Free Trade allowed them, and that no tax of Custome, Excise or any Imposition whatever shall be im- posed on them but such as shall be levied by the Governor and Council and General Assembly, for the defraying of the Public Charges and the Maintenance of the Government.1 And that all Rates and Assessments relating to the said Corporation or Towne- ship shall be rated and levied by their Justices and Magistrates or whom they shall appoint.
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