USA > New Jersey > Gloucester County > Newton in Gloucester County > Sketches of the first emigrant settlers in Newton Township, old Gloucester County, West New Jersey > Part 15
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The landed estate of Simeon Ellis and of his widow Sarah, in her own right, was therefore large; and, lying as it mostly does, in the improved sections of Camden county, if taken ยท as a whole, it would now be of much value.
In disposing of his property by his will, Simeon Ellis men- tioned seven children, namely: Thomas, who married Catha- rine Collins, daughter of Joseph, in 1722; Joseph. who mar- ried - ---; William, who married Sarah Collirs, daughter of Joseph; Simeon, who married -; Jonathan, who married Mary Hollingshead ( the latter surviving him, and after- wards marrying Robert Stiles); Mary, who married
-; and Sarah, who married John Kay, in 1730. -
The homestead estate, which was devised to Thomas. William and Simeon, was held by them, as given by their father, until 1754, when, owing to some trouble in regard to the boundaries, they joined in a re-survey of the same, which settled all matters in dispute with adjoining owners.9 This proceeding also showed in what manner the three sons held the paternal estate, and on what part of which each lived at that time.
Thomas had three hundred and nineteen acres of the western part, fronting on the creek and extending north. His residence was on what is generally known as the Lewallen farm (a short distance from Stevenson's mill). The Ogden estate, being for-
Lib. A, 56, col.
9 Lib. S, 338. O. s. G.
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SIMEON ELLIS.
merly the farm of Charles Collins, deceased; was part of Thomas's share; and also much other adjoining land; all this is now divided and sub-divided into plantations, the primitive forests being gone and most of the ancient boundaries oblit- erated. In 1766, he sold the larger part of the same to Joseph Collins, who, by his will, divided it among his sons.10
This Joseph Collins was, perhaps, the son of Benjamin and nephew of Catharine, the wife of Thomas Ellis, and the only person of that branch of the family who carried the name to the present generations.
William had two hundred and thirty-three acres in the most northerly part of the original tract, lying, as it now does, on both sides of the Haddonfield and Moorestown road, and mostly absorbed in the farms of William Morris Cooper and the heirs at law of Batheuel Heulings, deceased. In 1757, he lived in Newton township, at which time his occupation was that of a carpenter ; but he afterwards removed to his part of his father's estate, and there died intestate, in 1759.11 His wife Catharine became his administrator. He had but two children, namely : 12 Abigail, who married John Cox in 1744; and Ann, who married Peter Champion in 1746, John Stokes in 1751, and Samuel Murrell.13
The landed property was divided between the two daughters; it has many years since passed out of the name and blood. 14
The daughter Ann, by her several husbands, had the follow- ing issue: By Peter Champion, one child, Joseph, who married Rachel Collins; by John Stokes, none; by Samuel Murrell, a son Samuel, who married - Hubbs.
The children of John and Abigail Cox, were William, who married Phoebe Duffield ; John, who married - Tallman and Ann Dylwin ; and Samuel, who married Sarah Emlen.
A short distance east of the Haddonfield and Moorestown road, and on the Heulings farm, is the spot where were buried the slaves of the Ellis family, a spot scarcely known to the present generation, but not as yet used for farming purposes. Occasionally a member of the owner's family would be interred
10 Lib. L, 109, Woodbury.
II Lib. P, 459.
12 Lib. No. 9, 213.
13 Book of Licenses of Marriages, Trenton,
14 Lib. AH, 385.
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FIRST EMIGRANT SETTLERS.
at such place, and consequently be lost sight of among the after generations of the proprietor.
Simeon had the larger share in acres, as well as the homestead improvements, for his portion of the paternal property, it being three hundred and sixty-six acres, with an extensive front on the creek. He occupied the house built by his father and tilled the land, from which the latter had cleared the timber, when he made his settlement at that place. He was an intelligent man for his day, and the ancestor of the family that still retain parts of the original estate. As a tiller of the soil and one who sought to develop agriculture, he was a public benefactor; as a dispenser of the law in the guise of a country squire, he com- manded that deference which in years gone by was paid to such individuals, maintaining the dignity of the realm and respect for the King.
His docket is a curious volume, interspersed with the entries of actions at law, charges for grain, credit for money paid for labor on his farm, and much other matter, foreign entirely to the purpose for which the book was intended. In the year 1742, Sarah Norris, who kept a store in Haddonfield, being out of patience with many of her delinquent customers, applied to Squire Ellis, to try his remedy ; upon whose record her name frequently appears as plaintiff in suits there entered. To show that she was in earnest, the execution soon followed the judg- ment ; which meant that the claim must be discharged, or the defendant be sent to jail. That a man could more easily pay his debt when fast in prison than at liberty, was one of the absurd- ities of English jurisprudence, brought to New Jersey by our ancestors; but the notion has been exploded, having given way to common sense and a more liberal sentiment.
The quarter sessions court, in fashion then, consisting of two justices of the peace, with authority to try petty crimes, some- times sat at Simeon's house. Perchance some scamp, without the fear of law before his eyes, had robbed his neighbor's hen- roost, and he, while in the enjoyment of a meal therefrom, had been pounced upon by a constable and taken at once to trial.
The court, with all gravity, and, in consideration of the importance of the crime, would listen to the evidence; hear
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the story of the defendant; and, after much judicial hesita- tion, declare the criminal guilty. If an old offender, twenty lashes on the bare back would only be sufficient to vindicate the dignity of the law; which sentence would be passed with a hint of more, if again convicted.
To a tree near by, in the most public manner, would the culprit be taken; and there, in the presence of the crowd, tied, stripped and beaten,-a proceeding which degraded alike the victim of the law, and those whose morbid tastes could induce them to witness the sentence carried into effect.
Like the court, these scenes have become obsolete. Elements of Christianity have been infused into the corrective systems of our government, more charitable. in their operation, and less humiliating to the unfortunate.
By the gracious favor of his Majesty, the peace officers of the realm were clothed with authority to solemnize marriages. Although much the larger portion of the inhabitants in West Jersey were Quakers, and careful that the young folks should adhere to their form in this regard, yet it sometimes happened that an alliance would be made in which the " bean or belle" was outside the pale of the church. In these cases, Simeon Ellis was often called upon ; and he, without the presence of any one except the parties themselves, would join them in the bonds of holy wedlock. This breach of discipline was fre- quently overlooked; and, if a proper explanation was made, ' and an acknowledgment forwarded to the meeting, the erring one was retained in membership.
From the year 1727 to 1791 inclusive, a law was in force requiring a man who contemplated marriage, to file a bond under his hand and seal, with the Governor of the State, with sufficient security ; the condition of which was that he had no lawful let, impediment of pre-contract. affinity or consanguinity, to hinder the same. A copy of one of these is here given, which may prove of interest to the reader. It is as follows :-
"KNOW ALL MEN BY THESE PRESENTS, That We, James Mulock of the County of Gloucester, in the Province of New Jersey, Practicioner of Physick, and Robert Friend Price, of the same Place, Esq., are holden and do stand justly indebted
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FIRST EMIGRANT SETTLERS.
unto His Excellency, Jonathan Belcher, Esq., Captain-General and Governor-in-Chief of New-Jersey, &c., in the sum of Five Hundred Pounds of current lawful Money of New-Jersey; to be paid to His said Excellency the Governor, his Successors or Assigns. For the which Payment well and truly to be made and done, We do bind ourselves, our Heirs, Executors and Administrators, and every of them,
firmly by these Presents. Sealed with our Seals, Dated this Sixteenth day of April Anno Domini One Thousand Seven Hundred and Fifty-Seven, [1757].
"THE CONDITION OF THIS OBLIGATION IS SUCH, That where- as the above Bounden James Mulock hath obtained License of Marriage for himself of the one Party, and for Priscilla Collins of Gloucester County of the other Party, Now, if it shall not hereafter appear, that they the said James Mulock and Priscilla Collins have any lawful Let or Impediment of Pre-contract, Affinity, or Consanguinity, to hinder their being joined in the Holy Bands of Matrimony, and afterwards their living together as Man and Wife: then this Obligation to be void, or else to stand and remain in full Force and Virtue.
"JAMES MULOCK, [SEAL. ]
"ROBT. FR'D PRICE. [SEAL. ]
" Sealed and Delivered in
the Presence of "Jos. HARRISON."
If no other good was accomplished, the great value of the papers arising from the operation of the law is sufficient. These bonds and certificates arranged in chronological order, are well cared for in the office of the Secretary of State at Trenton ; and they contain an amount of information that otherwise would have been lost. Occasionally the records show that the parties were from another state, by reason, no doubt, of an inexorable parent or stubborn guardian, whose consent to the marriage could not be had.
Weddings, in those times, frequently extended through days of hilarity and frolic. Dancing, blind-man's buff, and pawns
1
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SIMEON ELLIS.
were the usual means of enjoyment, and were entered upon with a zest that proved that every one was in search of pleas- ure. Like many others, these customs have passed away, and time has interposed so many generations that the present has no remembrance of them. Our sturdy ancestors on these occasions seemed boisterous and rude, but it should be considered that they had other occupations than the study of refinement and polish. Those who remove the timber and conquer the soil of a new country, seldom have time to indulge in education or luxury.
Simeon Ellis died in 1773, leaving a will. Parts of his land he conveyed to his sons, but much passed to them by devise.15 He survived his wife, and left the following children: Isaac, who married Mary Shivers (daughter of Samuel); Benjamin, who married Sarah Bates; William, who married Amy Matlack ; John, who married Priscilla Peterson (widow); Sarah, who married William Duyre; and Simeon, who married Bates (sister to Benjamin's wife.)
Isaac settled on that part of the homestead now included in Ellisburg, and built part of the present tavern house.
Benjamin erected a home on a few acres given to him by his father, on that side of the road opposite the late residence of David D. Burrough, deceased, and there he lived and died.
William removed to the landed estate of his wife, near Glen- dale, part of which is still owned by Joseph H. Ellis; he here occupied himself as a farmer. His fondness for hunting and field sports drew around him, during the winter months, men of like tastes, and his house was generally the starting point for such as enjoyed those manly pastimes. These traits of char- acter have not been lost in the latter generations, and only lack full development from want of deer and foxes, so plenty in days of yore.
Simeon remained on part of the original purchase, leaving but few immediate descendants.
Joseph settled on his mother's property in Newton township, and probably had his home on the north side of the main branch of Newton creek, generally known as the former resi-
15 Lib. No. 16, 144.
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FIRST EMIGRANT SETTLERS.
dence of Jacob Stokes, deceased. He became the owner of all, or the largest part of the maternal estate, and so held it during his life. His occupation was that of a farmer, and he does not appear to have participated in the political matters that occasionally agitated the community around him.
He died in 1757, intestate. 16 Having no sons, the estate, upon his demise, soon passed out of the name, and, except by the examination of the old titles, no trace of it can be discov- ered. His immediate descendants consisted of four daughters, namely : Priscilla, who married Jacob Stokes; Sarah, who married John Buzby and Isaac Mickle; Abigail. who married Caleb Hughes; and Kesiah, who married Benjamin Vanleer, M. D.17 Excepting the descendants of Jacob Stokes, none of the family are known in this region at the present day.15
Jonathan lived in Haddonfield, but what his occupation was does not appear. In 1733, John Gill sold him a lot on the west side of the main street, where he built himself a house. Three years after, he sold the property to John Kaighn. He died a young man and intestate. 19
16 Lib. C, 241, Woodbury.
17 Lib. O, 368.
18 Lib. T, 398. 19 Lib. Q, 460, 475.
-
JOSEPH TOMLINSON.
T HIS person came to New Jersey from the city of London. He was a member of the Horslydown Meeting of Friends. This meeting was on the Surrey side of the river Thames, which, even at that day, had become part of the great metrop- olis by means of the several bridges already erected. He appears to have been in some way under the patronage of Anthony Sharp, an uncle of Thomas Sharp already mentioned. Many of this name, however, suffered persecution in England, from 1654 to 1690, for their religious opinions. These were residents of Lancashire and Derbyshire; they were fined and imprisoned for conforming to the belief of Friends, laid down at that period.1 Whether Joseph was of the same family can- not be known at this day, except by persistent and fortunate search.
He arrived previously to the year 1686, and became an apprentice of Thomas Sharp, who had settled on Newton creek five years before that time.2 Although his education was better than that of many of his day, yet his apprentice- ship was to learn the business of woolstead comber or dyer, that being the occupation of his master when not upon some surveying expedition, or not engaged in his official duties.
In addition to this, he was further advanced in the common branches of English education, and, when he attained his
I Besse's Sufferings, Vols. 1-2, 145, 327.
2 Sharp's Book, O. S. G.
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majority, was well fitted for business of any kind, and soon participated in the political affairs of the colony. He was something of a carpenter as well; for, in 1686, he made an agreement with his master to build him a house for a specified sum, and to furnished all the material except the nails.3 The dimensions and style of this dwelling do not appear, but the presumption is that it was small and unpretending in both ; and required but little architectural skill in any particular.
It is possible that Joseph Tomlinson was one of the persons who erected the Friends' meeting house in Newton, the first building set apart for religious worship in Gloucester county, and the second in West New Jersey.
For some reason the articles of apprenticeship were set aside, and Thomas Sharp agreed to pay him five pounds per annum for his services, and four pounds at the end of the term. In a letter copied by Sharp into his book, as written by Joseph Tom- linson to Anthony Sharp in Ireland, dated Newton, May 3d, 1691, mention is made of the trouble between them; but the record is so much defaced by time, and the book so little cared for, that the matter contained therein cannot be deciphered.4
A copy, however, is here given, leaving blank such parts as cannot be intelligently made out, to be supplied by such as have leisure and patience to make the attempt.
"Copy of a letter sent by Joseph Tomlinson to my Uncle Anthony :
"NEWTON, May 3, 1691.
" MOST RESPECTED MASTER :- Having this opportunity good to write to thee, hoping thou together with my thy family are in good health, as I am, praised be *
wonder that I never received any letter from thee years, but only in a letter to thy cousin, wherein to complain of us boath without just cause in Ireland understand not the difficulties and thou seemest
to be offended with Thomas because which I took of thee was not performed he tels *
complained to thee by letter that I was demanding performance,
3 Sharp's Book, O. S. G.
4 Sharp's Book, O. S. G.
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JOSEPH TOMLINSON.
but my writing was not for that purpose * you passed strange censure on my
* say I had deserved to have my time given to me not performed which I did not, for I thank God I have your charitie. God having given me my limbs to my living and if I had com- playned of extraordinary to thee I should not only deserved to be released I did for it would have been worse for me if it had than it is, and I am
very well satisfied that * Yet notwithstanding if it had
been or could have for my parents sake and my fathers sake me had I dyed on it I would have gone the effects that we have
*
* *
used and the taking up of land here is more chary than you think of, and I myself was taken * so danger- ously that I had like to have lost my and have lost one of my big toes, and I was lame months and for the charge my master paid five pounds chisurgeon which for his lost time and promise I paid him again before I
left him * my service well and truly served and
computed the like services of me. *
* the stock would at last have been five pounds and the goods that thou sentest are merchantable. No more at present, but receive a Release from under your hand that wholy free from that, the which you have not
so remayne your friend to serve you.
" JOSEPH TOMLINSON.
"Remember my love to my father, mother, brothers and sisters, and * * any of them be yet alive a letter directed to them come to thy hands.
"Farewell."
Friend Sharp, with his accustomed particularity, made a note thereof in the same book, as follows: ""Joseph fell lame the 29th of July, 1688, and so continued until the 29th of November, but in as much as he found himself some parts of the time, and did some small matters of work, we reckon but
5 Sharp's Book, O. S. G. 13
E
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three months' diet at four shillings a week, &c.," Other entries referring to him are made, which seem to show that the relations between them were not the happiest, perhaps growing out of Joseph's youthful fancies, or Friend Sharp's exacting policy towards him. There is no doubt, however, that their association was of much use to the younger person, since, in addition to the moral and religious training which he received, his education was improved and advanced through the care of his preceptor. The difficulties before named do not appear to have destroyed the friendly feeling between them, for, in after years, the kind offices of his old master are seen in several business transactions.
As time progressed, Joseph took unto himself a wife, and settled down to be a good business man and valuable citizen. In 1690, he located one hundred and seventeen acres of land on the east side of Gravelly run in Gloucester township, adjoin- ing a tract of land which he had previously purchased of Joseph Wood, and on which he had settled and first lived after leav- ing the house of Thomas Sharp in Newton.6 This stream of water, sometimes called McGee's branch, is a tributary of the north branch of Timber creek, and falls into the same on the south side about two miles above Chew's Landing. He soon increased the breadth of his acres, so that his possessions extended from Gravelly run on the north to Holly run, or Sharp's branch, on the south. These he retained through life, and gave to his sons by will after his death.
What could have been the inducement for Joseph Tomlinson to purchase and settle on land so far beyond the line of civili- zation, is, at this day, difficult to imagine. At that time, the settlements had scarcely reached beyond the navigable streams, and even there were but few and far apart. Yet, in his case, his abode was surrounded with miles of unbroken forest; and, was without any neighbors within half a day's travel, while large tracts of unlocated land were between Newton and the place which he had selected for his future home, the title of which could have been secured for a mere pittance. He had to go some ten miles to attend the Newton
6 Sharp's Book, O S. G.
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JOSEPH TOMLINSON.
Meeting, and, if, as a farmer, he took his produce to the Philadelphia market, the distance was still increased. True, he was within two miles of navigation on Timber creek, but it is hardly to be supposed that he kept his boat to carry his family to meeting, and himself to market in the city, or to court at Gloucester and Red Bank.
It is needless, however, to speculate upon these things one hundred and eighty years after their occurrence; and the con- clusion must be that the reasons for such an isolated settlement as made by Joseph Tomlinson were sound and sufficient, unto his mind at least. His leisure hours in this secluded spot were not wasted, for he turned his attention to the reading and understanding of the laws of the community of which he deemed himself a part, and in which he was soon to fill con- spicuous and responsible positions. In examining the appoint- ments of the Legislature for Gloucester county, it is seen that he was made sheriff in 1695 ; and, for the year 1696, the following may be found, " King's Attorney, Joseph Tomlinson."7
This means that he was made the law officer of the province, to defend its honor and dignity, and for the prosecution of all offenders against the peace and tranquility of the same. That he was first examined as a law student and licensed to practice, there can be no question; and he, therefore, stands as the first attorney, according to the record, of Gloucester county. This appointment appears to have been made for three years, for, in 1700, he was re-appointed to the same position; which shows that his duties were acceptably discharged, and that he retained the confidence of those in authority. It will be seen that these duties commenced under the proprietary government, as insti- tuted by our Quaker ancestors, and extended beyond the sur- render to Queen Anne, when the courts were put upon a different basis and surrounded by much more parade and display.
In the first, the strictest simplicity was observed, both in the manner, and in the means of dispensing justice among the few litigants that sought their rights through this channel; for the judges who sat were elders in their own religious denomination, and regarded such things as essential to the purity of their
7 Leaming & Spicer's Laws.
-
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FIRST EMIGRANT SETTLERS.
belief. It is not too much to say that their Honors remained covered while on the bench, wearing their broad-brimmed hats and their plain, uncolored coats as an evidence of their disre- gard of the customs of the court and the vanities of the flesh, In the jury-box, the same thing could be observed; in the dress and demeanor of the bar, the same; and, when a prisoner was charged, the style and phraseology of the language partook of all such peculiarities. Perhaps so rigid was the court on this point, that no gesture or vehemence was allowed on the part of the advocates; and, without regarding the earnestness of the talker or the extremity of his case, any breach of decorum was deemed a contempt, and punishable accordingly.
Not so after the surrender. Lord Cornbury, cousin to the Queen, and the first governor under her authority, came to the United Province, filled with the forms and ceremonies of a proud and exacting court.
In 1700, an act was passed making it the duty of the sheriff of each county to meet the provincial judges and other officers, when riding the circuit, at the verge of his county, to escort them to the seat of justice, and then remain in attendance until the court adjourned and they were again beyond his bailiwick. The costume of the judges consisted of scarlet robes with deep facings of black velvet, and powdered wigs adorned with silk bags. The lawyers wore black silk gowns and wigs, and all the attendants were dressed in a somewhat similar manner.8 With these innovations, were brought in many new forms and rules, putting our Quaker judges completely at fault, and at once creating trouble and confusion. Obedience to those in authority was a maxim too deeply instilled to be entirely dis- regarded, yet the presence of cocked hats, gold lace and side arms, was almost too much for that forbearance upon which our ancestors prided themselves.
Through all these radical changes Joseph Tomlinson, as prose- cutor of the pleas, attended to his duties, though, if very strict as a Friend, he saw himself surrounded with much that was inconsistent with his notions of propriety, and that taxed his patience to the utmost.
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