USA > New Jersey > Essex County > Newark > Narratives of Newark (in New Jersey) from the days of its founding > Part 2
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THE FUNDAMENTAL AGREEMENT
corner of the highways running the length and breadth of the towns and extending easterly to East Back Lane (now Mulberry Street) and in a southerly direction beyond the point now occupied by the First Presbyterian Church. The two extra acres were on the westerly side of the road- way, near the watering place.
All the men capable of handling axe, adz and saw, made inroads into the adjacent forests as huge trees were felled and hewn into required. length for home building. Before the summer and autumn passed the virgin soil of early spring was dotted with neatly laid-out farms, on which were erected the homes of the people.
TOWN LOTS OF THE FIRST RESIDENTS Made by Samuel H. Conger
Northeast Section: A, Deacon Lawrence Ward; B, John Catlin; C, Samuel Kitchell; D, Josiah Ward; E, John Rogers; F, Robert Kitchell; G, Jeremiah Pecke; H, Obadiah Bruen; I, The Seaman's Lot; J, Thomas Richards; K, John Harrison; L, Aaron Blatchly; M. Stephen Davis; N, Samuel Plum; 0, John Crane; P, The Boatman's Lot; Q, Robert Lymon; R, John Davis.
Northwest Section: A, Lieutenant Samuel Swaine; B, Sergeant Richard Harrison; C, Edward Ball; D, John Morris, in 1688; E, John Ward, Sr .; F, Matthew Canfield; G, Abraham Pierson, Jr .; H, Jasper Crane; I, Thomas Pierson, Sr .; J, Benjamin Baldwin; K, Thomas Huntington; L, Alexander Munrow; M, The Elder's Lot; N, John Ward, Jr., the turner; O, Deacon Richard Laurence; P, Delivered Crane; Q, Hans Albers; R, Samuel Rose; S, The Miller's Lot; T, Samuel Dod; U, Daniel Dod; V, The Corn Mill.
Southeast Section: A, Captain Robert Treat; B, Abraham Pierson, Sr .; C, Robert Denison; D, Thomas Johnson; E, George Day; F, Nathaniel Wheeler; G, Joseph Riggs; H, William Camp; I, Martin Tichenor; J, Stephen Freeman; K, John Curtis; L, John Baldwin, Sr .; M,
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NARRATIVES OF NEWARK
Thomas Staples; N, John Baldwin, Jr .; O, Deacon Michael Tompkins; P, Jonathan Tomkins; Q, Ephraim Pennington; R, Seth Tomkins; S, The Tailor's Lot; T, Thomas Pier- son, Jr .; U, Samuel Harrison; V, John Browne, Jr .; W, Edward Riggs; X, Hugh Roberts.
Southwest Section: A, The Meeting-house; B, Cap- tain Treat's extra; C, John Johnson; D, The Parsonage Home Lot; E, John Browne, Sr .; F, Stephen Bond; G, Zachariah Burwell; H, Ephraim Burwell; I, Thomas Lud- ington; J, John Brooks; K, Thomas Lyon; L, Joseph John- son; M, John Treat; N, John Gregory; 0, Henry Lyon; P, Joseph Walters; Q, Samuel Camfield; R, Robert Dalglesh (or Douglas); S, Francis Linle (or Lindsley); T, Matthew Williams; U, Walter's second division.
A stream having its source in the spring on High Street emptied into the frog pond and did not continue to the Passaic River, as indicated on the map. This was an error of the engraver.
Averaging thirty feet in length and sixteen feet in width, the houses were one and a half stories in height. Sloping roofs prevented an accumulation of rain and snow thereon. Water used for laundry purposes was stored in rain barrels as it dripped from the roof in stormy weather, while a spring or brook supplied the commodity needed in other domestic requirements. When these were not available a well was opened on the premises. The watering place, where the live stock was refreshed, was already provided near the intersection of the two highways (now the southwest corner of Broad and Market streets). Here the frogs croaked undisturbed in the early spring; hence the name Frog Pond was more frequently applied. The frogs also served as a barometer. Twice, according to superstitious belief, were they to be hushed by freezing weather before the soil was ready for spring planting. Not far away, in a westerly direction, near the Essex County Courthouse, was the source of supply in a never-failing spring. The water trickled along the highway to West Back Lane and then in a south-
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THE FUNDAMENTAL AGREEMENT
easterly course to the depression in which the water was impounded.
Cavernous or double chimneys with which every house was equipped were made of clay and timber. They served more as an element of danger than safety till after a few years' trial, when stone and mortar were used exclusively in the construction. The hearthstone was in the main or living room, and used also as the kitchen. The door opened on a level with the yard. The master was thereby enabled to bring in the back log at night with comparative ease. Of ample girth and averaging six to eight feet in length, it was drawn to the kitchen door by horse or ox and then deposited upon the fireplace. This was the last chore of the day. Carefully were the burning embers banked about the log. Through the long night the fire smouldered and in the morning was quickened into a lively blaze. When this failed a member of the family was sent post haste with an iron kettle to the nearest neighbor, where some "live coals" were borrowed with which the fire was restored. Flint and steel had an obstinate way at times of refusing to send out the coveted sparks when wielded by hands numbed with the cold.
Foodstuffs were largely provided from field and stream during the first summer and there was no worriment about the high cost of living. Of game there was plenty, and fish of many varieties were taken from the river. Strawberries, wild and juicy, peeping here and there in the grass when the June sun shone the strongest, were plucked by the women and children. Other fruits were also gathered in season. The grape and plum were the more luxuriant.
Provision must be made for fuel (coal was not used till a century and a half later). Shortened September days gave warning of winter's approach and the attention of all the people was directed toward securing this necessary supply of household comfort. Stacks of firewood, towering many feet, rewarded the yeoman effort before the first snow whitened the landscape.
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NARRATIVES OF NEWARK
In the town planning space was reserved for the market place, where the people exchanged commodities. This was known as the Upper Common, now Washington Park. Military Park was also an original reservation and was designated the Lower Common or the soldiers' training ground.
Not till November did the delegation of New Englanders arrive with the long-awaited Fundamental Agreement, signed and sealed and necessary subscriptions guaranteed. Chilling winds and snows of the long winter months were succeeded by the balmy days of the vernal season and sing- ing birds filled the woods with their music. The year 1667 had arrived and the Branford and Guilford contingents were daily expected. Early in June they came with their worldly effects. On the 24th of the month the items to be attached to the Fundamental Agreement for town guidance were read, discussed and adopted. Signatures of the Mil- ford people were duly attached to the document and the remainder of the meeting was devoted to solemn service of prayer. In this manner was Milford by the Pesayak River dedicated to the service of God and man. The name was later changed to Newark, in honor of Rev. Abraham Pier- son, who received his ministerial orders at Newark-on-the- Trent, in England. The name was also pronounced and spelled New Worke and New Ark.
The character of the people desired, their behavior while in residence and the manner of their going from town was promulgated in this manner:
Item, it is agreed upon that in case any shall come into us or rise up amongst us that shall willingly or wilfully disturb us in our Peace and Settlements, and especially that would subvert us from the true Religion and worship of God, and cannot or will not keep their opinions to themselves or be reclaimed after due Time and means of Conviction and reclaiming hath been used; it is unanimously agreed upon and Consented unto us as a Funda- mental Agreement and Order, that all and Persons so ill disposed and affected shall after due Notice given them from the Town,
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THE FUNDAMENTAL AGREEMENT
quietly depart the place Seasonably, the Town allowing them valuable Considerations for their Lands or Houses as Indifferent Men shall price them, or else leave them to make the best of them to any Man the Town shall approve of.
Item-it was ordered and agreed upon, in Cases of changes of Lands or any kind of obligation whatsoever by Gift, Sale, Ex- change, or otherwise, that any new Inhabitant shall arrive or come into Town, to inhabit with us; it is agreed and ordered that he or they from Time to Time shall in all Respects subscribe and enter into the same engagements as his Predecessors or the rest of the Town have done, before he or they can or shall be accounted Legal Inhabitants in our Town, or have Title to their Lands or Possessions therein.
Item-it is solemnly consented unto and agreed by all the Planters & Inhabitants of the Town of Newark from their set- tling together at first, and again publicly renewed as their Joint Covenant one with another, that they will from Time to Time all submit one to another to be led, ruled and governed by such Magistrates and Rulers in the Town as shall be annually chosen by the Friends from among themselves, with such orders and Law whilst they are settled here by themselves as they had in the Place from whence they came, under such Penalties as the Magis- trates upon the Nature of the offence shall determine.
Steadfastly did the Puritans adhere to these strong binding ties till the tide of changing sentiment "encroached upon their sacred domain. No government in the New World had a purer conception or a more enduring hold upon the people than the one inaugurated in Newark.
CHAPTER III
INDIANS SELL LAND TO PURITANS
"Just to themselves, to others they were true, The Indians at their hands no outrage knew; They took his lands and paid as they agreed, And had from him a primal title deed, For these fair lands, that from the river shore Break at the mountain; full many a score Of miles of wood and undulating plain, And valley low, by purchase did obtain."
-A. D. F. RANDOLPH.
A NNOUNCEMENT was publicly made soon after the town lots were assigned the latest arrivals that the sale of land incorporated in the original purchase would be consummated on July 11, 1667. Silently the Indians formed a semicircle in a convenient grove on the day set for the ceremony. In front of them was arranged the pur- chase price. The Puritans, solemn-visaged, looked after every detail and spoke only when necessary and in low tones.
After "due preparation and solemnization for it," the sale began. Carefully the parchment was brought forth, the Indians looking on in awe as it was unrolled. Quiet reigned and naught was heard but the gentle midsummer breeze stirring the leaves of the trees.
Nearly fourteen months had passed since the enactment of the memorable scene on the river bank, when the white man promised to reward the native for settling on his land. Fulfilment of the contract, verbally made, was now being executed, with every legal and moral requirement. Articles named in the bill of sale, and agreed upon by both parties, were enumerated, first by Samuel Edsall, who conducted the business in behalf of the Puritans, and then by John
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INDIANS SELL LANDS
Capteen, the Dutch interpreter, representing the Indians, who promised to:
deliver a Certain tract of Land, Upland, and Meadows of all sorts, Wether Swamps, Rivers, Brooks, Springs, fishings, Trees of all sorts, Quarries and Mines, or Metals of what sort soever. With full liberty of hunting and fouling upon the same, except- ing Liberty of hunting for the above said Proprietors, that were upon the upper commons, and of fishing in the above said Pesayak River; which said tract of Land is bounded and Limited with the bay Eastward, and the great River Pesayak northward, the great Creke or River in the meadow running to the head of the Cove, and from thence bareing a West Line for the South bounds Wh. said Great Creke is Commonly Called and known by the name Weequachick, on the West Line backwards into the Coun- try to the foot of the great Mountaine called Watchung, being as is Judged about seven or eight miles from Pesayak towne.
The said Mountaine, as Wee are Informed, hath one branch of Elizabeth Town River running near the above said foot of the mountaine; the bounds northerly, viz .: Pesayak River reached to the Third River above the towne, ye River is called Yauntakah, and from thence upon a northwest line to the aforesaid moun- taine; all which before mentioned Lands for the several kinds of them, and all the singular benefits and Priviledges belonging to them, with ye several bounds affixed and expressed herein, as also free liberty and range for Cattle, horses, hoggs, and that though they range beyond any of the bounds in this deed Expressed, to feed and pasture Without Molestation of or damage to the owners of the cattle, &c., above said.
Shall we not listen as the list of goods is called?
"Four barrels of beere!" And given by our Puritan Fathers, too! But this stern, pious folk were tolerant of individual tastes when held within due bounds.
Next. we hear of "two ankors of liquor or something equivalent!" Records do not disclose the character of the latter.
"Fifty double hands of powder" were then called. Small or large hands were not mentioned.
"One hundred barrs of lead, ten swords, twenty axes,
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NARRATIVES OF NEWARK
twenty coates, ten guns, twenty pistols, ten kettles, four blankets, ten paire breeches, fifty knives, twenty howes (garden hoes), 850 fathoms of wampum, three troopers' coates."
"These things," the bill concludes, "are received, only a small remainder engaged to them by bill."
Fantastical flourishes were used by the Indians with which they indicated their mark. Oraton, feeble in health, sent able men in his stead. The signers were, on his behalf, Wapamuk, Harish, Captamin, Sessom, Mamustone, Peter, Wamesane, Wekapro- kikan, Cacanakrue and Perawae.
Tea kettle used in Oba- diah Bruen's home
For the Puritans, Obadiah Bruen was selected to first place his signature, fol- lowed by Michael Tompkins, Samuel Kit- chell, John Brown, and Robert Dennison.
Wampum mentioned in the bill of sale was made by the squaws of Indian tribes from the thick or blue part of sea clam shells. Ten of these were placed on a hempen string about one foot in length. From five to ten strings con- stituted a day's work by one fairly well adapted to the task. The price of each string was reckoned at one shilling or twelve and a half cents. As a fathom measures six feet the money exchanged was about $63.75.
Eleven years later, March 13, 1678, the land to the moun- tain top was conveyed to the town of Newark by the Indians. Winocksop and Shennoctos acted for them in the sale. The consideration was "thirteen kans of rum, three coates and two guns." The entire cost of the two tracts was about $700.
Homes of the Branford and Guilford settlers were ap- proaching completion as the summer advanced. Willing hands make light work. And there were plenty of them.
Autumn came on apace, the three neighborhoods were com- fortably situated, blazing fires crackled on the hearthstone, firewood was well provided, supplies were laid away for win- ter's use, and the spirit of contentment reigned in the town.
CHAPTER IV
INSTITUTING PROVINCIAL GOVERNMENT
G YOVERNOR CARTERET, on April 7, 1668, ordered the first General Assembly of the province of New Jersey to meet at Elizabeth Town, on May 25 next, "for the making and Constituting such wholsome Lawes as shall be most needful and Necessary for the good government of the said Province & the maintayning of a religious Com- munion & Civil society one with the other as becometh Christians, without which it is Impossible for any body Politicq to prosper or subsist."
The Governor selected his council of six members, com- posing the upper house, and the lower house was organized by two deputies or Burgesses each from Newark, Elizabeth Town, Woodbridge, Middletown, Piscataway and Bergen. Captain Robert Treat and Samuel Swaine were the Newark deputies. Puritanism was injected into every act placed upon the statute books.
Persons resisting established authority were ordered punished at the discretion of the Court. Men between sixteen and sixty years of age were required to pro- vide themselves with arms, on penalty of one shilling for the first week's neglect, and two shillings for every week thereafter.
Punishment for burglary and highway robbery was cruel. For the first offence burning in the hand was prescribed and for the second infraction burning in the forehead. In both cases restitution was made. For the third offence the penalty was death. Then, it was adjudged, the culprit was incorrigible and a detriment to society. Undutiful children, smiting or cursing father or mother, except pro- voked thereto for self-preservation, were punished with
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NARRATIVES OF NEWARK
death. Treble restitution for stealing was exacted and for second offence such increase of punishment as the court might determine, even death, if the party so offending appeared to be utterly depraved. The thief, if unable to make restitution, was punished at the whipping post or sold for satisfaction. Night walking or reveling were mis- demeanors of serious character. Woe betide the innocently minded individual walking, even in modest manner, after the prescribed hour for retirement. Curfew was set at 9 o'clock and the assembly gave the magistrate discretion in administering punishment to disturbers War kuitiNe of the quiet of the town.
No son, daughter, maid or servant could han Eylaan . COLUTIE marry without the consent of his or her parents, masters or overseers. Three times Sankicany the notice of forthcoming wedding must be published in public meeting or kirk near AAptuunchy &ques the abode or set up in writing at some pub- Ermoura lic house near where the parties lived, four- AVenderdowek. 4 1430. - teen days before the ceremony. The Map of New Jersey be- fore Puritans' arrival marriage was then solemnized "by some approved minister, justice or chief officer, who on penalty of twenty pounds and to be put out of office is to marry none who have not followed these direc- tions."
Thirty pounds was the first levy made for provincial ex- penses, Newark's share being five pounds. Winter wheat was accepted for taxes at the rate of five shillings per bushel, summer wheat at four shillings and six pence, peas at three shillings and six pence, rye at four shillings and beef at two pence and half penny per pound. These articles passed as currency in town and province.
Strangers appearing in town were first billeted among the homes. This proved unsatisfactory and Henry Lyon was, in January, 1668, appointed first keeper of ordinary or tavern. Two years later he moved southward and his place was known as Lyons Farms, now in the corporate limits of
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INSTITUTING PROVINCIAL GOVERNMENT
Elizabeth. Thomas Johnson succeeded Lyon as tavern
proprietor. The hostelry was established at the Johnson home, the site now the corner of South Broad and Walnut streets, where Grace Episcopal Church is standing. After the town meeting granted him power to keep the "Ordinary in the Town for the Entertainment of Strangers," a bind- ing clause relating to the dispensing of refreshments was added. "And Prohibited all others from Selling any Strong Liquors by Retail under a Gallon, unless in cases of Ne- cessity, and then by license from the Magistrate," is the language of the resolution. The tap room opened on a level with the street. Benches were arranged out-of-doors on either side of the doorway, if the custom of tavern equip- ment of the early period was followed. Hither came the seafaring men, the town officials, itinerant venders, settlers of neighboring towns and visitors from other colonies.
Postal matter was distributed at the tavern. Letters arriving on a very irregular schedule were deposited on a table and handled by all so inclined.
Goodman Johnson, as he was popularly known, was the father of the town drummer, Joseph Johnson. Another child in the family was named Saving.
While the men were conducting town affairs or working their farms, the women, too, were active. In addition to their many household duties they gathered herbs in the field, portions of which were stored for medicinal purposes. Summer savory, profuse and redolent, was used in stuffing the juicy fowl (wild and domestic). Large quantities of white walnuts (hickory nuts), chestnuts, butternuts, hazel- nuts and beechnuts were brought from the forests by the boys and girls in the autumnal season in the true spirit of thrift and economy.
Indian customs were interesting to the settlers. The marriage ceremony, particularly, was witnessed by grown people as opportunity afforded. The bride and bride- groom and their families assembled and were seated in a semicircle. First the bridegroom delivered a wild animal's
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NARRATIVES OF NEWARK
rib to the bride. Then she gave him an ear of corn, signify- ing that she was to provide the bread and he the meat. Without further formality the couple began the round of existence, having the great outdoors as a dwelling place.
Assembled at a given point in a forest or clearing, where danger of attack from warring tribes was lessened, the natives formed circles one within the other when worship- ping the Great Spirit, and on certain occasions made sacri- fices of first fruits. The fattest buck was burnt upon a fire kindled for the purpose, and all feasted upon provisions brought by the women, taking care that no bones of animals eaten should break or be broken in any manner, for that, they reasoned, would invite visi- tation of evil spirits upon the tribe.
The Indian did not intrude upon the life of the Puritan but Robert Treat's signature it was his delight to bring to the early homes sundry articles of food-product of hunting expedition, or exploration along the ocean beach for oysters and clams. They proved a very acceptable change in the daily diet.
The most notable transaction after acquiring the land was the establishing of the boundary line between Newark and Elizabeth Town. This was arranged on May 20, 1668, at Divident Hill, now in Weequahic Park. Newark repre- sentatives were Captain Robert Treat, Jasper Crane, Samuel Swaine, Matthew Canfield, and Thomas Johnson, every man well read and versed in diplomacy. John Og- den, Luke Watson, Robert Bond, and Jeffrey Jones acted for the Elizabeth Town planters. The description of the dividing line is decidedly ambiguous in this remote day.
"It is Consented unto that the Centre, or place agreed upon by the said Agents of the Towns for to Begin the Dividing Bounds, is from the Top of a Little round hill, named Divident Hill; and from Thence to run up a North West Line, Into the Country," begins the description.
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INSTITUTING PROVINCIAL GOVERNMENT
"And for the Ratification of our Agreements, the said Agents of Elizabeth Town have marked an Oak Tree with an E, Next them; And the Said Agents of Newark Town have marked the same Tree with N, on that side next them and Their Town; and to the said Agreement we have this Twentieth day of May in the year 1668, set to our hands Enterchangably." Then follow the commissioners' signa- tures.
When all the legal matters were attended to a solemn service of praise to God was held. Captain Treat, with his right hand lifted heavenward, commanded the officials and witnesses to kneel for the benefit of prayer. Three- quarters of a century later, in 1743, legal difficulties arose over the boundary line. A very old man made affidavit of the scene as it was impressed upon his boyhood mind:
And I heard Captain Treat tell after what manner the line was settled between the two towns, and it was done in so loving and solemn a manner that he thought it ought never to be removed, for he, the captain himself, being among them at the time, prayed with them on Divident Hill, that there might be a goodly govern- ment between them. And after the agreement was signed, Mr. John Ogden, one of the commissioners, prayed among the people, and returned thanks for their loving agreement, and the captain said also that if the people of Newark differed with the Elizabeth Town people concerning that line that he believed they would never prosper.
CHAPTER V
REV. ABRAHAM PIERSON, FIRST PASTOR
N EARLY twenty years had the Rev. Abraham Pierson administered the spiritual affairs of the Branford parish when the hegira to the wilderness about the Pesayak River began. He was in the zenith of his career as a Puritan preacher and endowed with superior talents, which he exercised indefatigably.
Born in Yorkshire, England, he was educated at Trinity College, Cambridge, graduating therefrom in 1632, at the age of nineteen years. He was Episcopally ordained, it is believed, at the parish church in Newark-on- Some Helps for the' INDIANS; Shewing them how to Improve their Natural Reafon,. to know the true God,and the Chriftian Religion. the-Trent. Coming to America, in 1639, in quest of religious freedom, he settled in Bos- ton. While there he was ordained a Con- 1. By leading them to fee the Divine V Authority of the Scriptures. 2. By the Scriptures, the Divine truths necefary to Eternal Cat- vation. gregational minister and in the following BY ABRAHAM PEIRSON Paftor of the Church at Branford. year, 1640, was leading a company of people "finding themselves straightened" in the Examined and approved by that Experienced Gentleman . ( in the In- dian Language ) Captain JOHN SCOT. town of Lynn to a settlement on Long Island. They founded the town of Southampton.
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