USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 10
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It has already been shown that a court was established in 1668, embracing three of the above mentioned justices of Upland court ; and two of these jus- tices, with the commander, being sufficient to form a court, it is rendered al- most certain that courts were then occasionally held at Upland. In 1672 an order issued from the governor "to authorize and empower the court at Up- land, with the assistance of one or two of the High Court," to examine into a matter of difficulty then pending. This order requiring the aid of justices of the High Court in a special case, proves that the Swedish justices alone at that time usually held the court at Upland. It is quite probable that the jus- tices now reinstated are the same who constituted the Upland court in 1672, and who doubtless exercised their functions during the short intervening period that the country was under the dominion of the Dutch.
Captain Cantwell, besides holding the office of sheriff, appears to have been entrusted with the charge of affairs generally on the Delaware. In let- ters addressed by him to the governor, November 30, and December 9, he assures him of the general satisfaction of the people with the change of gov- ernment, and also acquaints him with the prospect of the arrival of new set- tlers. The governor gives notice of his intention to visit the Delaware in the spring, but in the meantime authorizes Cantwell to supply the new comers
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with a reasonable quantity of land, and to act as surveyor of the whole river and bay.
Governor Andros visited the Delaware in May of this year. and on the 13th and 14th held a special court at New Castle. At this court it was ordered "that highways should be cleared from place to place, within the precincts of this government." It was also ordered "that the church or place of meeting for divine worship in this towne, and the affaires thereunto belonging, be regu- lated by the court here in as orderly and decent manner as may bee ; that the place for meeting att Crane Hoeck do continue as heretofore;" and "that the church att Tinnecum Island do serve for Upland and parts adjacent." "And whereas there is no church or place of meeting higher up the river than the said Island, for the greater ease of the inhabitants there, its ordered that the magistrates of Upland do cause a church or place of meeting for that purpose to be built att Wickegkoo, the wch to bee for the inhabitants Passayunk & so upwards. The said court being empowered to raize a tax for its building and to agree upon a competent maintenance for their minister, of all of which they are to give an account to the next general court, and they to the governor, for his approbacon."
This court also established regulations in respect to various other matters on the river, among which was an entire prohibition of the sale "of strong drinke or liquors to the Indians by retayle, or a less quantity than two gallons att a tyme, under the penalty of five pounds ;" and a prohibition against distill- ing grain by any of the inhabitants, under a like penalty. It was also or- dered "that a ferry boate bee maintained and kept att the falls att the west side of this river ; a horse and a man to pay for passage 2 guilders, a man without a horse, 10 Stivers."
This is the earliest record of the proceedings of any court on the Dela- ware. They are recorded incidentally among the proceedings of the regular New Castle court, for the early part of 1677 (N. S.) The functions of this court, which was intended to be held annually, were rather legislative than judicial. The order "that highways should be cleared from place to place," seems to have been the first step taken for the establishment of roads, in the States of Delaware or Pennsylvania. It is our first road law.
As early as 1672, the court of assizes, held at New York, ordained in respect to parochial churches, "that ye law be attended [to] ; but although per- sons bee of different judgments, yet all are to contribute to ye allowed minis- ter." Strangely as this ordinance may contrast with the liberty of conscience granted in the articles of capitulation, when the country was first surrendered by the Dutch, it will sufficiently explain the order of the Special or General Court at New Castle to the Upland court, in relation to the maintenance of the minister for the new church at Wiccaco, and the action of this court in respect to such matters that followed.
A number of settlements had been made on the Jersey side of the Dela- ware, principally by the Swedes, but this year the ship "Griffith," from Lon- don, arrived with a considerable number of emigrant passengers, several of
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whom were heads of families. They were landed at Salem, where they made a settlement. Edward, Robert and John Wade and Richard Noble arrived in this ship.
On May 15, the day after the adjournment of the Special Court at New Castle, at which the governor presided, sundry matters of legislation, or rather regulation, that had been omitted by the court, claimed the attention of his excellency. These he embodied in a letter which he directed "To the three several Corts of delowar River or Bay." The "want of corn mills, or not keeping them in due repair," he regarded as "a great prejudice to the inhabi- tants and traders," and recommended the courts "to examine the same and cause all such mills already made and the bankes to be well fitted and kept in due repair ;" others were to be built "in convenient and fitting places where none are ;" and the courts were to adopt regulations in respect to tolls or prizes for grinding, applicable alike to all millers or owners, whether of public or private mills. The governor next gives important directions in respect to keep- ing records. Patents for lands were to be recorded in the books of the re- spective courts, and patents were to be applied for by those who had taken up lands after the same had been surveyed.
Robert Wade, who came in the "Griffith" with Fenwick, settled at Upland, on the west side of the creek, on the same tract that had been known as Printz- dorp, and which had been recently occupied by Mrs. Papegoya. This lady hav- ing been reinstated in the possession of Tinicum, disposed of her Upland es- tate either to Robert Wade or to some other person from whom he obtained his title to the property. Be this as it may, William Edmundson, an eminent minister of the Society of Friends, in travelling through the country in 1675. found Robert Wade settled at Upland, where with a few Friends he held a meeting at his house. After meeting they took boat and went to Salem, "where they met with John Fenwick and several families of Friends, (who, with those at Chester,) had come from England in that year with John Fenwick." From thence Robert Wade accompanied the travelling Friends to New Castle, where their horses had been sent, and from thence to Upland. Doubtless the house of Robert Wade, at which the meeting was held, was the famous Essex House, at which William Penn was entertained upon his first landing at Up- land ; but whether it was erected by Wade or had been built by the daughter of Governor Printz, when she occupied the premises, is uncertain. The fact that Robert Wade within at most a few months after his arrival in the country, had house room sufficient for the accommodation of a Friends' meeting, and was prepared to make a journey to Maryland, would suggest that he had been fortunate enough to secure a dwelling already erected to his hand. It is not known what other members of the Society of Friends, of those who accom- panied Fenwick, besides Robert Wade and his family, settled at Upland. They were the first members of that society who settled within the limits of our county or of the commonwealth.
The special execution granted in 1672 to Mrs. Papegoya, or "Jeuffro Armigart Printz," as she is called, and which put her in possession of Tini-
1
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cum, failed to satisfy the judgment obtained against Andrew Carr and his wife. Sheriff Cantwell is ordered to proceed to a full execution of the judg- ment.
About this time, William Penn, as trustee, became interested in the settle- ment of West Jersey ; a circumstance that brought to his notice the not yet ap- propriated territory west of the Delaware, and gave rise to the idea of plant- ing a colony there on principles that, in all future ages, will claim the admira- tion of the world for their liberality.
Since the final establishment of British rule on the Delaware, Captain Cantwell, in addition to his office of sheriff and other appointments, had acted as the superior military officer. On September 23d, 1676, he was superseded in the latter office by the appointment of Captain John Collier as "Commander in Delaware River and Bay." On the same day justices of the peace were com- missioned for the jurisdictions of New Castle and Upland, for one year or till "further order ;" any three of whom would constitute a court of judicature. Ephraim Herman was appointed "clarke" of both courts. The justices com- missioned for Upland district were Peter Cock, Peter Rambo, Israel Helm, Laers Andrieson, Oele Swen and Otto Ernest Cock, being the former justices, with the addition of the last named. They were all Swedes.
From this period to the present time, the judicial proceedings in the dis- trict embracing the limits of Delaware county have been preserved of record. Those extending down to the commencement of Penn's administration have lately been published by the Historical Society of Pennsylvania as part of the 7th volume of its Memoirs, under the title of "The Record of the Court at Upland," with a valuable Introduction and Notes by Edward Armstrong, Esq. The original manuscript record is in the possession of Dr. J. Dickinson Logan, of Philadelphia. The records of previous judicial transactions, not only at Upland, but elsewhere on the river, have not as yet been discovered.
The following letter of instructions from the governor very fully ex- plains the character and jurisdiction of the court :
EDMOND ANDROS, Esqr: & Seigneur of Sausmarez, Lieut : & Govern" : Gen11: under his Royall Highnesse James Duke of Yorke and albany, etc: of all the Territories of America :
Whereas, The Last Jeare att my beeing att Delowar uppon application of the Inhabi- tants Representing that my prdecessor Governr Lovelace had begun to make a Regulacon for the due administracon of Justice according to the lawes of this Government, pursuant to wich I: did appoint some majistrates and made some Rules for their proceeding the Ieare e'suing or till further order; In which haveing uppon mature deliberation, by the advyce of my Councill made some alteracon. They are to Remaine and bee in force in forme following :
1. That the bookes of Lawes Establisht by his Royll Highnesse and practized in New Yorke, Long Island and dependences Bee Likewyse in force and practice in this River, and precincts, except the Constable's Corts : County Rates and some other things; Peculiar to Long Island,-and the militia as now ordered to Remain in the King: But that a Constable he Iearly in each place chosen for the preservation of his Maytles Peace wth all other Powers as Directed by Lawe.
2. That there bee three Courts held in the severall parts of the River and Bay as
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formerly, to wit, one in New Castle, one above att upplands, another below at whorekills.
3. That the Courts consist of Justices of the Peace, whereof three to make a coram & to have the power of a Court of Sessions & decide all matters under twenty pounds wthout appeall, In wch Court the Eldest Justice to prside unlesse otherwise agreed amonghst themselves, above twenty pounds & for cryme, extending to Lyfe, Limb, or banishment to admitt of appeale to the Cort of Assizes.
4. That all small matters under the vallue of fyve pounds may bee determined by the Court without a Jury, unlesse desiered by the partees, as alsoe matters of Equity. 5. That the Court for New Castle be held once a moneth, to begin the first Teusday in Each month, and the Cort for uppland and the whoorekill quarterly, and to begin the second Tuesday of the month or oftener if occasion.
6. That all necessary By-lawes or orders, not Repugnant to ye Lawes of the Gov- ernmit, made by the said Courts, bee of force and binding, for the space of one whole Icare, in the severall places where made, They giving an account thereof to the Governor by the first opportunity :- and that no fines bee made or imposed but by order of Court
7. That the several Courts have power to Regulate the Court and officers' fees, not to Exceed the Rates in the Booke of Lawes, nor to bee under halfe the vallue therein Exprest.
8. That there bee a high Sherife for the Towne of New Castle, River, and Bay, and that the sd High Sherrife have power to make an undersherrife or marshal, being a fit prson, and for whome hee will bee Responsable, to bee approved by the Court. But the Sherrife, as in England, and according to the now practice on Long Island, to act as a principall officer for the Execution of the Lawes, but not as a Justice of Peace or magistrate.
9. That there bee fitting Bookes provyded for the Records, In which all judiciall proceedings, to bee duly and fairly entred as also publicq orders from the Governor, and the names of the magistrates and officers authorized, wth the tyme of their admis- sion. The sd Records to be kept in English, to wich all prsons concerned may have free Recourse at duc or sesonable tymes ;
10. That a fitt prson for Clarke (when vacant) be recommended by Each Court to the governor for his approbation, in whose hands the sd Records to bee kept ;
Il. That all writs, warrants & proceedings att lawe shall be in his mayties name. It haveing been practized in the Governmt ever since the first writing of the Lawe booke, and itt being his Royll Highnesses special Pleasure and Order.
12. That no Rates bee Imposed or Levys of mony made wthin the Towne of New- castle, River, or Bay by any, under what denomination soever wthout the approbation of the Governr, unlesse upon Extraordinary occasion in Case of necessity, of wch the Governor to have prsent acct sent him. That upon the Levy of any Rates there be a faire acct kept both of the Receipts and disboursments, wch account to be given in to the Cort there to bee past then sent to the Governor for his allowance, until wich not to bee a sufficient discharge.
Whereas by this regulation there are no overzeers apointed nor Contstables Courts, but all matters to bee determined by the Justices; I: doe therefore Recomend the Com-, posure or Referring to arbitracon of as many matters particularly under the value of fyve pound as may properly be determined that way, Provided it may bee by the consent of Partees; That any prson desiering Land make application to the Court in whose bounds itt is, whoe are required to sitt once a month or oftner if there bee occasion to Give order therein & certify to the Governor for any Land not taken upp and Improved fitt proportions, not exceeding fifty acres pr head unlesse uppon Extraordinary occasions where they see good Cause for itt, wch Certificate to bee a sufficient authority or warrt for the surveigors to surveig the same and with the Surveigors Returne to bee sent to New Yorke for the Governors approbation ; That in the Certificates be specified how much upland and meaddow wth due Reguard that Each may have a proportionable sheare,
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according to the place they are in Landward; Given under my hand and seale in New Yorke, the 25th day of September in the 28th Ieare of his mayties Reigne, aº Dom : 1676." (Signed) E. ANDROSS.
The recently appointed justices, according to the record, held their first court at "Uppland in Delowar Riner," on the 14th of November, 1676. After they had been sworn into office, the first act of the court was to order "that Mr. Tom, the former clarke, should deliver unto the present clarke, Eph : Herman, the records and other publiq bookes and wrytings belonging to this court."
The first instance on record of the appointment of guardians for minors was made in this court, in the case of the children of "Hendrick Johnson, Decd,"-"Jan Jansen and morten morten sen," were appointed to be "ouerzeers and guardians."
Mr. Justice Helm presented a petition to the court "desiering to haue some recompence for haueing served the River often and att sundry tymes as an interpreter with the Indians," &c. This application the court determined to re- fer to Governor Andros, which they did in a letter addressed to him on the same day, wherein they also intreat that his honor "will be pleased to confirm the order made att the Last Gen" Court here about the voolves heads," and that he will prescribe a way & order how the charges of this Court, when they sitt, may bee found, conceidering that wee all Liue att a great distance from or Court place, and the amercemts (by Reason of the small number of actions) amounting to Little ; and that yor hont will bee pleased to Impower us, so that the old debts of the Court together wth the debts sence yor hon's government may also be sattisfyed by the same way wch yor honor shall prescrybe."
The court was held at the house of Neeles Laerson, who also entertained the justices. The account made out by the court of the public indebtedness to Laerson for "the Charges of Keepeing of Court and Justices dyet there," es- tablishes the fact that the former court, of which the records have not been discovered, was held at the same place. Laerson probably kept a public house. His charge for entertaining the court during its present sitting, which appears to have lasted but one day, was 100 guilders.
The next court at Upland was held on March 13th, 1677. Two cases of assault and battery were brought before this court, but were postponed till the next. The people on the river having been apprehensive for some time of being attacked by the Indians, the justices of Upland, at the close of the court, held a meeting with Captain John Collier, the commander, "uppon the news of the Simeco Indians coming down to fetch the Sasquehanno, that were amongst these River Indians." At this meeting "itt was concluded uppon the motions of Rinowehan, the Indian Sachomore, for the most quiet of the River, viz .: That Capt" Collier & Justice Israel Helm goe upp to Sachamexin, (where att prsent a great number of Simico & other Indians are,) and that they Endeauor to p'swade the Simecus, the Sasquehannos & thes Riuer In- dians to send Each a Sachomore or deputy to his honor the Governor att New
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Yorke, and that Justice Israel helm goe wth them; for to heare & Receiue his sª honors Resolutions & answer to their demands."
The conference with the Indians was accordingly held at Sachamexin (Shackamaxon) from the 14th to the 18th of the same month, at a cost of 250 guilders to Upland district, "for the expenses of the commander, justices and Indians." It does not appear that New Castle shared any of this expense, though equally benefited with Upland. The justices of New Castle inform the governor that the Indians had passed by them, and had gone up the river. This may account for the whole expense of the Shackamaxon meeting being visited on Upland.
Labor at this time was seldom obtained, as now, for wages. Even me- chanics sold themselves, or were sold for a specified time; their masters being responsible for their support. The change in the ownership of persons thus owing services, required the approbation of the justices, as will be seen by the following extract from the record of the Upland court : "M" John Test brought into Court a certaine man servant named William Still, being a Taylor by traede, whome hee the sd Test did acknowledge to haue sold unto Capt Ed- mund Cantwell, for the space and tearme of foure yeares, beginning from the first of Aprill Last past; The sd William Still declared in Court to bee willing to serve the said Capt" Cantwell the abovesd tearme of foure yeares."
The following record of a case of assault and battery is given as a fair specimen of the manner in which business was transacted in our earliest Courts of Justice :-
"Justice Israel Helm, PIt. Oele Oelsen (als) Coekoe, Deft.
"The Plt Complaines that at the Plantn of Juns Justesse, in his house, hee the plt was first wth Evill words abused by the deft, and afterwards by him beaten, and his shirt all torne In pieces by the sd deft. and therefore desires yt the Court will inflict punishment according to the meritt of the sd deft, and that hee is one of the members of the Court, hee may bee so maintained.
"The deft sayeth that the plt hath struck, etc.
"The High Sheriffe, Captn Edm. Cantwell desires that the Court will take the case in consideration, and not suffer a Justice of Peace shall be so abused !
"The Court haveing Examined into ye whole businesse, and heard the debates of both partees, together wth the Testimony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of two hundred and Ten gilders; sixty thereof for the Poore or Church, and the remainder 150 gilders to the Sheriffe, and doe further order yt the sd oele oelsen doe humbly ask forgiveness of Justice Israell Helm and the Cort for his sd ·offence.
"The Cort & High Sherife Conciedering that the sd oele was a poore man wth a great charge of Children; uppon his humble submission did Remit & forgive him the one hundred and fifty gilders fyne."
Albert Hendrix, having served out "his Ieare" as constable, was dis- missed by the court at his own request, and William Orian appointed "constable for the jurisdiction of this court" in his place. Hendrix (Hendrixon) is the first person known to have held the office in Pennsylvania. Jurian Harts-
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welder (Hartsfelder,) the deputy sheriff, being about to remove further up the river, resigned his office. He was succeeded by Micael Izzard.
At the June court of this year, an order was adopted in respect to the ad- mission of attorneys to plead in the court, but before the close of the year, it became the duty of the court to publish a resolution of the governor and coun- cil by which it was "ordered that pleading attorneys bee no longer allowed to practize in ye governmt but for ye: depending causes."
The last adjustment of the dividing line between Upland and New Cas- tle of which there is any record, seemed to fix the division between the two districts about the Christina ; but a mandate issued from the New Castle court, September 18th of this year, of which the following is an extract, would indi- cate that a different arrangement had been made :-
"To Mr. Charles Ramsey, Constable In Christeena : You are requested in his Mayts name to take a true and exact list of all the Tydable prsons from 16 to 60 years of adge wthin the bounds, wch is all ye north syde of Cresteena Creeke up as far as ye boght Creeke, above ole fransens house, & ye names of ye sd Tydables to bring . "
At a meeting of Mr. John Moll, president of New Castle court, with the justices of Upland court, held at Upland on November 12th of the following year, the above division was confirmed and extended ; The County of Upland was "to begin from the north syde of Oele fransens Creeke Called Steen Kill, Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye single tree point on the East syde of this River." In other directions, Upland county extended as far as settlements had been made : and although the authority of the Duke of York to govern New Jersey had been resisted by Fenwick and others, it had been maintained on the ground that the sovereignty of the country did not pass to Cartaret and Berkley, the purchasers of the soil. Fenwick. for attempting to exercise authority independently of Governor An- dros, had even been forcibly arrested in his own house, and sent to New York, where he was for some time imprisoned. This will account for the jurisdic- tion of the courts, on the west side of the river, being extended into New Jer- sey.
In the accounts of the country during the earlier periods of its settlement. that have come under the notice of the author, not much is said in respect to the depredations of wolves. The numbers of these animals had probably greatly increased in the neighborhood of the settlements, both on account of the increased means to obtain food that civilization had furnished, and the di- minished numbers of the Indians, who had heretofore destroyed them for their skins. The depredations of these animals had now become so alarming. that it became necessary to secure their destruction by means of a liberal bounty. At the solicitation of the justices of the New Castle court, authority was obtained to pay 40 guilders for each wolf scalp brought in. This, it will be seen, became a heavy item of expenditure.
It had been supposed that a tax could only be levied by the authority of "general court." but the governor, upon application being made to him for the
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