USA > New Jersey > Hudson County > History of the county of Hudson, New Jersey : from its earliest settlement to the present time > Part 8
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it is required, as we deem this beneficial to the service of the country and ser- viceable to the promotion of justice." Alb. Rec., rix., 221.
This commission was issued September 5, 1661, the same day that the village government and court were organized.
I Schout or Sheriff. The word is derived from Schuld. According to Grotius the name is an abreviation of " Schuld-rechter," or criminal judge. His func-
76
HISTORY OF HUDSON COUNTY.
the Director-General and Council, convoke the appointed Sche- pens1 and preside at the Meeting ; and with him, of three Schepens, to which Office are, for the present time and ensuing year, com- meneing the 20th of this month, elected by the Director- General and Council, Michael Jansen, Harman Smeeman,2 and Cuspar Stynmets.3
tions were somewhat analogous to those of bailiff or county sheriff; combining, however, with them the duties of a prosecuting attorney. Broadhead, i., 453. The "Schout-Fiscal " instituted all suits before the Council. O'Cal., N. N., i., 101. 1 Magistrates, somewhat like justices or aldermen.
" Smeeman was born in 1624 at Iserlow, a town in the county of Mark, West- phalia. His arrival here was at an early date. In 1645 he married Elizabeth Everts, and she dying, he married Barent Dircksen's widow. In 1657 he pur- chased of Michael Jansen a farm at " Gemoenepa " for 900 florins, but where the same was situated has not been ascertained. In the same year he was ad- mitted to the rights of a small burgher. When the settlers were permitted to return to Pavonia, he settled on his farm. In 1663 he was one of three commis- sioners to fortify "Gemoenepa," and received fifty pounds of powder for its defence. When, in 1664, Governor Stuyvesant summoned a " Landtag" to con- sider the state of the Provinces, Smeeman and Englebert Steenhuysen were selected to represent Bergen. He was reappointed Schepen in December, 1663. He seems to have been fond of the sports of the day, and with but little rever- ence for Sunday. For on that day, February 8, 1654, he engaged in the sport of Pulling the Goose. N. Y. Col. MSS., v., 217. Vanderkemp says that this was a game among the farmers in Gelderland and on the borders of the Rhine.
A goose was fastened by a rope between two poles, the neck and head greased with oil or soap. They who entered the lists drove on a full gallop, and usually fell when they missed their aim. He who carried off the goose was called king for that festival. Alb. Ree., ix., 84.
" At what time Steinmets came to this country does not appear. In the spring of 1652, having lost his first wife, he married Jannekin Gerrits, 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 Horn. Winfield's Land Titles, 71. He resided at Harsimus, and was driven out by the Indians in 1655. He went to New Amsterdam, where, on February 22, 1656, he was licensed to tap beer and wine for the "accommodation of the Burghery and Strangers." New Amst. Ree., ii., 85. He was admitted to the rights of a small burgher, April 11, 1657. New Neth. Reg., 175. On the 21st of June he was appointed lieutenant of the Bergen militia. N. Y. Col. MSS., .r., 149 ; and on the 4th of September, 1673, was made captain. Col. Hist. 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 & Spieer, 77, 85. After his mar- riage with Stoffelsen's widow he took possession of the West India Company's
77
FIRST CHARTER OF BERGEN.
" Before whom all matters touching civil affairs, security and peace of the Inhabitants of Bergen, also justice between Man and Man, shall be brought, heard and examined, and determined by definitive Judgment to the amount of Fifty guilders and under, without appeal ; when the sum is larger, the aggrieved party shall be at liberty to appeal to the Director-General and Council aforesaid, provided that he enters the appeal within the proper time, and gives security, according to law, for the principal and costs of suit.
"In case of disparity of votes and opinions on any occurring cases, the minority shall coincide with the majority, without any contradiction. But those who are of a different advice and opinion can eanse their advice and opinion to be entered on the roll or record ; but in no wise make public their rendered advice outside the court, nor make it known to parties, under arbitrary correction, at the discretion of the court itself.
"The Schout shall, pursuant to the first Article, preside at the meeting and collect the Votes ; also act as Secretary until further Order and increase of population. But if he have to act for him- self as a party, or in behalf of the right of the Lords Patroons, or in behalf of justice for the right of the Fiscal, in such case he shall rise up and absent himself from the Bench, and then have no advisory, much less a casting vote; but one of the senior Schepens shall, in such case, preside in his place.
" What is set forth in the preceding Article of the Schout shall also apply to the Schepens, whenever any cases or questions arise in the aforesaid Court between themselves as parties, or between others related by consanguinity to the appointed Schepens, such as brothers, brothers-in-law and cousins in the first or direct line. " All Inhabitants of Bergen shall, until further Order, either of
farm at Harsimus, and, as was always the case with the possessors of that farm, became involved in trouble with his neighbors, Van Vorst and others. Col. Hist. of N. Y., ii., 704, 716. He died in 1702. His descendants, at one time. were quite numerous in this county, but they have long since died out.
78
HISTORY OF HUDSON COUNTY.
the Lords Patroons or their Supreme government, be amenable to and subject to be eited before said Schout and Commissaries, who shall hold their Session and Court meeting in the Village aforesaid every 14 days, harvest time excepted, unless necessity and circumstances require.
" In order to provide the good Inhabitants of Bergen with cheap and inoppressive justice, the Schout, as president, and the Schepens of the Court must, for the convenience of parties, appear on the Court day, and at the place appointed, on pain of forfeiting Twenty stivers, at the disposition of the Board ; they being notified, at least twenty-four hours before the Court day, to appear, by the Court messenger to be appointed by the Director- General and Council; and double as much for the President, unless excused by sickness or absence. If appearing too late, and after the appointed hour, the fine to be Six stivers.
"No extraordinary Court shall be Ordered at the cost and charges of parties, except on the application of both parties, un- der submission to costs on loss of suit, which costs shall previously be deposited by the applicant or appellant, to wit : For each Schepen, Fifty stivers ; for the President, Three guilders, be- sides the fee for the Clerk and Court messenger to be hereafter appointed, and other Ordinary costs according to law.
" All cases of Crime shall be referred to the Director-General and Council of New Netherland ; saving that those of the Court may and are bound to apprehend, arrest, and to detain and hold in confinement all Criminal delinquents until they can send them under proper guard to the Supreme government, and, in the mean time, take good and correct Information touching the erime committed, at the cost of the Criminal, or the Treasury, and such transmit at the same time with the delinquent.
" Minor offences, such as Brawls, Slanders, Scolding, Striking with the fist, Threats, simple Drawing of a knife or sword with- out assault or bloodshed, are left to the adjudication and de- cision of the Court aforesaid, in which cases the Schout there shall have power to act before the Court as Prosecutor, saving, nevertheless, the clause of Appeal, in case the condemned may find himself aggrieved by the sentence of the Court.
79
FIRST CHARTER OF BERGEN.
" All cases of Major crimes and Delinquents charged with Wounding and Bloodshedding, Whoredom, Adultery, public and notorions Theft, Robberies, Smuggling of contraband arti- cles, Blasphemy and Profanation of God's Holy name and religion, Slandering and Calumniating the Supreme Government or its Representatives, shall, after the information, affidavits and testimony have been taken, be referred to the Director-General and Conneil of New Netherland.
"Should the situation of affairs so require that the President and Schepens consider it necessary, for the greater security of the peace and quiet of the Inhabitants, to enact, in the absence of the Director-General and Conneil, some Ordinances for the greater advantage and contentment of the aforesaid Village and Court in the above-named District, respecting Surveys, Highways, Out- lets, Posts and Fences of lands, laying out of Gardens, Orchards, and such like matters, that may most concern the Flat country and agriculture ; also in regard to the building of Churches, Schools and similar public Works, and the means how and by which the same are to be effected, they are to commit to writing their opinions thereupon, and deliver them to the Director-Gen- eral and Council, with the reasons upon which they are founded annexed, in order, if such be deemed necessary and useful, that they may be confirmed, approved and ordered by the Director- General and Council.
" Said Schout and appointed Schepens shall also be particular- ly careful, and be bound strictly to observe, and cause to be ob- served, the Law of our Fatherland, and the Ordinances and Edicts of the Honble Director-General and Council heretofore Ordained and published, or hereafter to be ordained and published, and not to suffer anything to be done contrary thereto, but to see that the contraveners may be proceeded against according to Law.
"Said Schont and Court shall not have power to enact, pub- lish, much less to post np, any Ordinances, Edicts, or such like Acts, except with the previous knowledge and consent of the Director-General and Council.
" The Schout and Schepens shall also be particularly careful,
SO
HISTORY OF HUDSON COUNTY.
and be bound to assist the Honble Directors, as Lords and Pa- troons of this Province of New Netherland, under the Sovereign- ty of their High Mightinesses, the Lords States General of the United Netherlands, and them to help to maintain in their Su- preme Jurisdiction, Right and Domains, and all other their Pre- rogatives.
" Whereas, it is customary in our Fatherland and other well regulated Governments that some change be made annually in the Magistracy, so that some new come in, and a few continue, in order to inform the new, the Schepens now appointed shall pay due attention to the Conversation, Demeanor and Fitness of hon- est persons, inhabitants of their respective Villages, in order to be able, about the time of changing or election, to furnish the Director-General and Council with correct information as to who may be found fit, so that some may be then elected by the Director-General and Couneil.
" Thus done and given at the Meeting of the Honble Director- General and Council, holden in Fort Amsterdam, in New Neth- erlund, the 5 September, 1661."1
The magistrates, before they could enter upon the duties of their office, were obliged to take the following oath : " We prom- ise 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 Lords Directors of the privileged West India Company, Department of Amsterdam, as our Lords and Patroons, the Director-General and Council now placed over us or hereafter to be appointed, that we will respect and execute their commands, that we will exercise good justice to our best knowledge, repell all mutiny, troubles and disorders to our best abilities, maintain the Reformed Religion, and no other, and sup- port the same, and conduct ourselves punctually in conformity to the instruction which we already received or may yet receive, and further act as good and faithful magistrates are in duty bound to do. So help us God Almighty."2
1 N. Y. Col. MISS., ix., 765.
2 Alb. Rec. xix., 282.
S1
OFFICERS OF THE NEW VILLAGE.
Thus was established the first municipal government and the first court within the present State of New Jersey, unless " the existence of the somewhat apocryphal tribunal of Hospating, near Hackensack, be admitted."1 And it may not be inappro- priate to insert here the names of the members of this court while under the Dutch rule, so far as the existing records reveal them.
SCHOUTS, PRESIDENT.
Names. Tielman Van Vleck, Balthazar Bayard,2
Claes Arentse Toers,3
Date of Appointment. September 5, 1661. - March 17, 1664. August 18, 1673.
' O'Cal., N. N., ii, 428. Hospating, Espatingh, Espatin, "a hill." In 1657, Van de Capellen, through his agent Van Dincklagen, concluded with the In- dians a treaty " with submission to the courts of justice at Ilospating, near Hack- insack, on Waerkimins-Connie, in New Netherlands." Broadhead, i., 641. Mat- tenow was chief at this place. O'Col., N. N., ii., 575. In 1674 it was decided to be without the bounds of the Indian grant to Stuyvesant, Col. Ilist. of N. Y., ii., 707 ; and therefore not within Hudson County, though it must be close to the northern boundary.
2 Bayard's grandfather was a professor of theology in Paris, whence he was driven by religious persecution to Holland. Here his son Samuel married Anna, a sister of Governor Stuyvesant, by whom he had three children-Balthazar, Nicholas and Petues. Balthazar was a brewer ; in 1664 married Maritje, daugh- ter of Govert Loockermans : was clerk in the Secretary's office from 1654 to 1660; represented Bergen in the first and second General Assembly in East Jersey in 1668. Shortly after this he returned to New York. He was ap- pointed schepen in New Orange, August 16, 1673, assistant alderman in 1686-87. and alderman in 1691.
3 Winfield's Land Titles, 91. It was at Toers' house in Bergen that Knat- sciosan, an Indian, attempted to murder his brother, Jan Arentse Toers, by "giving him several dangerous wounds," on the 11th of April, 1678. The Governor and Council met at Bergen on the 24th, with the Sakamakers of the Hackensacks, viz. : Manoky, Mandenark, Hamahem, Tanteguas and Capete- ham. They acknowledged that the offender deserved " corporal punishment," but, as Toers was mending, asked for his release, and promised that if he ever again attempted the like, they would deliver him up "for justice without mercy to be done upon him." The Indians bound themselves to pay one hundred fathoms of white wampum, or an equivalent in skins, within twenty days. Book 3 of Deeds (Trenton) 144. Claes was the second coroner for the county of Ber- gen, appointed December 6, 1683.
6
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82
HISTORY OF HUDSON COUNTY.
TOWN CLERKS.
Names. The Sehout, -
Balthazar Bayard, -
Claes Arentse Toers,
Date of Appointment. September 5, 1661. March 17, 1664. August 18, 1673.
SCHEPENS.
Michiel Jansen, Harman Smeeman,
September 5, 1661.
Caspar Steinmets, Caspar Steinmets,
Engelbert Steenhuysen,1 1 - October 16, 1662.
Gerrit Gerritsen,
1 Steenhuysen 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 36 florins. Alb. Rec., viii., 434. With Herman Smeeman 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 October 6, 1662. New Neth. Reg., 133. The follow- ing memorial of the authorities of Bergen, dated December 17, 1663, reveals some unpleasantness in that relation : " Shew reverently the sheriff and commissaries of the village of Bergen, which they presume is known to your Honors, that before the election of the new commissaries ye were solicited for Michael Jan- sen, deceased, to be favored with the appointment of a clerk (voorleser) who should at the same time keep school, to instruct the youth, the person of En- gelbert Steenhuysen, who possessed the required abilities, so is that the sheriff' and commissaries, now a year past, proposed it to the community, who then approved it, and resolved to engage him not only as clerk (voorleser), but with the express stipulation that he, besides this function, was to keep school, which the aforesaid Steenhuysen agreed to do, and did so during five quarters of a year, for which was allowed him f250 in seawant annually, besides some other stipulations besides the school money, so as reason and equity shall demand. Now, so it is that the aforesaid Engelbert Steenhuysen, whereas he has a lot and house and a double farm, situated in the jurisdiction of the village of Ber- gen, is, by the complaints of a majority of the community, obliged, with the other inhabitants, to provide for the sustenance of a soldier, by which the afore- said Engelbert Steenhuysen considers himself highly aggrieved, and so re- signed his office, pretending that a schoolmaster and clerk ought to be exempt-
83
OFFICERS OF THE NEW VILLAGE.
Date of Appointment.
Names. Balthazar Bayard, - December 17, 1663.
Adolph Hardenbrook,
Harman Smeeman,
ed from all taxes and burthens of the village, which he says is the common practice through the whole christian world, which by the sheriff and commis- saries is understood that only that can take place when such a clerk or school. master does not possess anything else but the school-wharf, but by no means when a schoolmaster is in possession of a house and lot and double farm, that he in such a case should pay nothing from his lot and lands, and the commu- nity at large is of the same opinion, as he receives his salary as clerk, and not only is obliged to act well in his capacity as clerk (voorleser), but even to look out and procure himself a proper and convenient place to keep school, which he thus far neglected, and pretends that the community must effect this, so that he may keep his school in it. They cannot perceive how Engelbert Steenhuy- sen can be permitted to resign his office when he neglected to notify his inten- tion a half a year before; wherefore the supplicants address themselves to your Honors, humbly soliciting them to insinuate to the aforesaid Engelbert Steen- huysen to continue in his service this second year, and to declare if the afore- said Engelbert Steenhuysen is or is not obliged by his possession of a lot and farm to provide in the maintenance of a soldier, so well as the other inhabi- tants." Alb. Rec., xxi., 439.
COLUMBIA ACADEMY.
S4
IIISTORY OF HUDSON COUNTY.
Names.
Date of Appointment.
Gerrit Gerritse, r
Thomas Fredericks,1 Elias Miehielse,2 Peter Marcellissen,3
- August 18, 1673.
Cornelis Abramse, 7 Walinck Jacobse,4
Bergen,
Engelbert Steenhuys, § Enoch Michielse, Gemoenepas,2
- August 31, 1674.6
Claes Jansen, Ahasymus,5
The parties interested in the above memorial were summoned before the Council and heard at length, and Steenhuysen was commanded to serve his time according to his contract.
From this communication it appears that the school house was not yet built. One was, however, shortly afterward constructed on the lot where the school house now is. It was built of logs. The Columbia Academy was erected on the same lot in 1790, and taken down in 1857 to 'make room for the present structure,
1 Thomas Frederick De Cuyper. Winfield's Land Titles, 94. He is said to have been a woodsawyer, and was admitted to the rights of a small burgher, April 12, 1657.
2 Țide VREELAND FAMILY.
3 He came from Brest in the ship Beaver; arrived May 9, 1661, with his wife, four children and two servants. His children were aged respectively 13, 6, 4 and 2 years. His servants were male and female. The passage cost him as follows : For self, 36 florins ; wife, 36 florins ; children, 90 florins ; servants, 70 florins. He was the founder of the Merseles family in this county and vicinity.
+ Vide VAN WINKLE FAMILY.
5 Vide VAN VORST FAMILY.
" The appointments for this year were selected by the authorities from the following nominations by the people of Bergen, on the 15th of August, as ap- pears by the following extract from the Court Register in Bergen, which is preserved :
" To the meeting a nomination of Schepens was made to be presented to the Director-General and Council, by a majority of the votes, as follows :
" For the Village of Bergen,
Adrian Post. Walinck Jacobze, Engelbert Steenhuys, [Douwe Hartmanse. Enoch Michielse,
" For Gemoenepa,
Hartman Michielse.
85
LOT OWNERS COMMANDED TO TAKE DEEDS.
Names.
Date of Appointment.
Jan Dircksen Seicken, Minckaque and Pemerpoch,1
August 31, 1674.
COURT MESSENGERS.2
Jan Tibout, - 1661. -
Claes Arentse Toers, - 1663.
Under the necessity laid upon them, as before observed, the people had flocked to the new village and taken lots (for they were free) in the general distribution, but had neglected to take patents for them. This neglect 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 thereabout, are Ordered and commanded 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 and uncultivated Lands which they claim, surveyed by the sworn Surveyor, and set off and designated by
" For Ahasymus, § Ide Cornelisse Van Vorst,
Claes Jansen.
" For Minckaque and Pemrepock,
§ Jan Dirckse Seicken,
Hessel Weigertsen.
" From which nominations his Hon. shall be pleased to make the election.
" Agrees with the Register. Quod attestor.
" CLAES ARENTSE TOERS,
" Secretary." Alb. Rec. xxii., 440.
This was in accordance with the practice in Holland, where the Stadtholder appointed the magistrates out of double their number presented to him.
1 This name was applied to that part of the county which lies between 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, Pemerapogh, Pemmerapugh, Pemmerapock, Pemmarepocq, Pem- merpogh, Pemrepogh, Pamrepogh, Pamropogh, Panirepock, Pamrapaw, Pani- arapogh, Pamperpogh, Pimbrepow.
2 The duties of court messenger seem to have been to read in the church on Sunday, to sing with the school, to assist in burying the dead, to attend to the tolling of the bell, and to summon parties to court.
86
HISTORY OF IIUDSON COUNTY.
proper marks, and on exhibition of the Return of survey thereof, apply for and obtain a regular Patent as proof of property, on pain of being deprived of their right, to the end that the Direc- tor-General and Council may dispose, as they may deem proper, of the remaining Lands which, after the survey, may happen to fall outside the Patents, for the accommodation of others. All are hereby warned against loss and after complaints.
"Thus done in Fort Amsterdam in New Netherland, the 15 September, 1661."1
As the village had been palisaded for protection from outside attack, the people were anxious to get the full benefit of these for- tifications. But the cattle must be watered, and since there were no means within the defences for that purpose, the gates must be opened and the cattle driven to water. While thus en- gaged, both cattle and people were liable to annoyance from the Indians. To obviate this danger, the court of Bergen ordained as follows :
" Whereas, the Schout and Schepens have reflected and duly considered that some persons drive their Cattle to water outside the Land gate and Fence now provided and erected, they have deemed it advisable and highly necessary that a Public Well be constructed for the public accommodation, on the Square, to water the Cattle,
"They hereby Ordain, on the ratification of the Honble Direc- tor-General and Council of New Netherland, that every one of the Inhabitants of Bergen, after having been notified by Jan Tibout, the messenger, shall be and appear, on the day prefixed, personally, or by substitute, on pain of arbitrary correction by the Officer.
" Done at the Court of the Village of Bergen, and signed by the Schout and Schepens, the 28 January, 1662.
" TIELMAN VAN VLECK, president,
" HERMAN SMEEMAN,
" CASPAR STEYNMETS,
" MICHAEL JANS."
1 N.Y. Col. MSS., ix., 788. Several of the lots were abandoned and passed
87
A WELL DUG IN THE SQUARE.
RATIFICATION.
" The Director-General and Council of New Netherland ap- prove and ratify the above resolution of the Schout and Commis- saries of Bergen; they, therefore, Order all and every whom it may concern, on notification of the messenger, to appear, or to send a proper person in their stead, at the appointed time and place, on a penalty of 3 guilders for each day, to be forfeited by such as absents himself, to be applied for the benefit of the Vil- lage in general. Dated 9 February, 1662."1
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