USA > Pennsylvania > Delaware County > A history of Delaware County, Pennsylvania, and its people; Volume I > Part 11
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DELAWARE COUNTY
holding of such a court in order to authorize a levy, decided that every court had the power "to make fitting rates for the highways, poor and other neces- saries as is practiced in England." The governor had authorized a levy of Id. per pound on every man's estate, towards paying public expenses, but the justices of New Castle obtained authority from his excellency to substitute a poll tax, representing the inconsiderable value of estates, the difficulty of de- termining that value, and the distance of the people, as their excuse for asking the change.
The unliquidated expenses of Upland county had by this time so much accumulated as to present an alarming aspect of indebtedness, when the means of liquidation are considered. This indebtedness embraced the follow- ing items :--
"To neels Laerson for ye Courts Expensis to this day, Except 200 gilders by Captn Cantwell paid him before, there being no other accommodation for ye court, . G.639
To Lace Cock, for Expensis of ye Comandr and Simico Indians last spring ; ye 250
acct being allowed by ye Court,
The woolves heads in this Cort, not all brought in yet, but computed by ye Court, 420 To ye Clercq allotted by ye Court for his several Extraordinary services to ye Cort, etc., . 200
To Justice Israell helm for his severall services to ye Country as interpreter about ye Indians, 400
To Captn Cantwell, wch hee hath pd to neels Laerson for ye Courts accommoda- tions, etc., 200
Justice Otto Ernest for sundry Expensis on ye publicq acct. of wch hee hath not yet brought In his acct. of perticulars, 300
Lace Cock for Expensis when his honr ye governor was there, II2
Peter Rambo demands for Expensis when his honor the Governor was there, 800 gildrs, 800
Captn Cantwell proffered in Court to pay him 400 gilders wch hee refused, soo that this is left to his honor to judge of.
Besides fees due for ye collecting the sd Levy."
G.3321
At the November court of this year, the justices decided to levy a poll tax of 26 guilders upon each Tydable (taxable) person, which included every male inhabitant in the county between the ages of sixteen and sixty years, except the justices, who were by the Duke's laws exempt from the payment of taxes, except for the support of the church. This levy was to be collected by the high sheriff, before the following March 25, and instead of money he was au- thorized to receive "wheat at five, rye & barley at four, and Indian corn at three gilders per Scipple (three pecks, English) ; tobacco and pork at eight stivers, and bacon at sixteen stivers per 1b., or else wampum or skins at the courant price."
The list of the Tydable persons presented to the court on this occasion, in giving us at this distant day some idea of the number and places of residence of these early settlers, forms a most important and highly interesting part of the record. No apology will be needed for inserting the list at length.
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DELAWARE COUNTY
"A LIST OF THE TYDABLE PRSONS.
Att Taokanink (Tacony.)
Rich : noble,
I
Neels Laerson & son,
2
1 henry hastings,
oele neelson & 2 sons, 3
hans moens,
I
Erick Poulson,
-
Christiaen Tomasse,
I
Casper fisck,
I
Andries homman & son,
V
Peter Jookum & servt,
2
Pelle Erickson,
1
Benck Saling,
1
Justa Daniells & servant,
2
Laers Boen,
I
Jonas Juriaensen, .
hans Peters, I
I H
Hend: Jacobs upon ye Isld,
Pell Puttke, I
I
Erick Cock & servant,
2 harmen Jansen,
I
moens Cock,
hendrick holman, I
I
Lace Dalbo,
I Peter Nealson,
I
Rymer Peterssen,
I Gunnar Rambo,
I
Oele Dalboo,
I Lace Cock & servant
2
Andries Boen,
Michilli nealson, I
1 I
Swen Boen,
Andris Swen and father, I
2
Pelle Rambo, Junior
1
Oele Swenson his servant,
I
Andries Rambo,
I
Swen Swenson & son,
2
Richard Duckett,
I John Stille,
I
Mr. Jones ye hatter,
I Swen Lom,
I
Joseph Peters,
Oele Stille, I
I
Jan Cock.
I Andries Benckes,
I
Peter Cock, Junior,
I Jan Mattson.
I
harmen Ennis,
I
dunck Williams,
I
mort mortens, Junior,
Tho: Jacobs, 1
I
Bertell Laersen,
1
Jan Claassen & 2 sons,
3
moens Staeckett,
I Mathias Claassen,
1 I
hans Jurian,
franck Walcker, 1
I
hendrick Tade,
Will Thomasse, I
I
andries Bertleson,
Peter matson, I
1
Jan Bertleson,
I Jan Baelsen,
I
Jan Cornelissn & son,
2 Jan Schorten,
1
mort. mortense, Senior,
I
Jan Justa & 2 sons,
3
Lace mortense,
Jonas Nealson & son, I
2
Anthony Matson,
I
Arian Andries at Peter Ramboos,
I
hendrick Jacobs,
I
I Calkoens Hock.
Upland.
will : woodman & servant,
2
John bayles,
I
mich Yzard,
I
I
Jan hendrix,
I
Rich : Bobbinghton, I
2
oele Dircks, I .
will Bromfield, .
I
John Test & servant,
2
Jurian Kien,
I Juns Justafs,
I
I
Andries Sailing,
I
hans Jurian, michill fredericks,
I
Claes Schram, I
Robbered Waede,
Eastern Shoure.
James Sanderling & slaue,
Peter andries & son, I
2
neels matson,
Jacob hendricx,.
Att Carkoens hoek.
77
DELAWARE COUNTY
Lace Coleman,
.
I Carell Jansen,
I
hans hofman and his 2 sons,
3 Oele Raessen,
I
Peter freeman,
I Thom : Denny,
I
Moens Junsen,
I John Browne,
1
Poull Corvorne,
I
Rich : fredenicx.
I
marr: Kill.
hans Oelsen, Tho: harwood, Jurian hertsvelder,
I
Jan Jansen,
I Andris Inckhoore,
Will: Orian, .
I Rodger, Pedrick,
Daniell Linsey,
I Cristaen Claassen,
I
Jacob Clocker,
I
Knoet mortensen,
I
albert hendricx,
I
136
136 Tydables in Upland Jurisdiction."
The extreme slowness with which the population on the river increased, is a very remarkable circumstance. An approximation to the whole number of inhabitants in the Upland district may be arrived at from the data furnished by this list of taxables. The male population between the ages of sixteen and sixty years, by including the justices of the court, a few soldiers and paupers, would probably reach 150. By making the number of females between those ages equal to the males, the whole number of inhabitants between sixteen and sixty years of age would be 300. An estimate made by a comparison with census returns, would make the balance of the population about the same, and the whole population of Upland county 600, only about two-fifths, or 240 of whom resided within the district now forming the county of Delaware.
The justices becoming tired of holding court in a public house, "Captn Hans Jergen is ordered & desiered by the Court to warne his men belonging to his Company, and with them to fitt up and finish ye house of defence att upland fitt for the Court to sitt in, against ye next Court." The site of this first courthouse is designated on the map of "the Early Settlements."
In 1669 a block-house had been erected at Wicaco for defence against at- tacks by the Indians. This year it was occupied as a church, the Rev. Jacobus Fabritius, the installed minister, preaching his first sermon there in Dutch, on Trinity Sunday. It is very certain that the Upland court had not as yet com- plied with the order of the general court held at New Castle in 1675, in caus- ing "a church or place of meeting to be built at Wickegkoo:" as no expendi- ture is included for this purpose in the estimate for which the general levy was made. The blockhouse was probably fixed up as a place of worship by private subscription.
The records of New Castle show that Commander Collier sat there as a judge of the court. The governor being advised of his conduct in this respect, ordered him to forbear, and immediately commissioned Captain Christopher Billop as his successor. Walter Wharton was at the same time commissioned as "Surveyor in Delaware Bay and River," and Ephraim Herman "to bee re- ceiver of quit rents in Delaware river in the jurisdiction of New Castle and Upland courts."
1
I
I
I
morten Knoetsen,
I
Oele Coeckoe, I
78
DELAWARE COUNTY
Since the arrival of Fenwick, owing to difficulties about the ownership of West Jersey, there had been no arrival of settlers for that province, until this year, when three vessels arrived-the "Kent," the "Willing-mind," and the fly boat "Martha." These were all well freighted with members of the So- city of Friends, the greatest number of whom settled at and near Burlington,- some settled at Salem, and a few found their way to the western side of the river. Among the latter were William Clayton, Morgan Drewett, William Woodmancy, and William Oxley, and probably Henry Hastings and other Englishmen, whom we first find settled in the vicinity of Upland about this time.
Directions are transmitted to the Upland court by the governor, to pur- chase from the Indians two miles in extent along the river, from the lands previously purchased to the Falls. He also requires, by authority of the Duke, of all persons who "have or Clayme any land in Delawor River or Bay," that they make a return thereof to the clerk of the proper court, to be by the court returned to him. The governor also notifies the court of his intention to visit England, and to return again in the spring.
The great troubles and inconveniences to which the settlers of a new country are subjected, are but little understood by persons who have always resided in old and thickly settled districts. The great annoyance suffered by the settlers on the Delaware at this period, merely from depredations com- mitted by wolves, will be understood from the action of the New Castle court, with a view to their destruction. "The court takeing into consideration the dayly and continuall spoyle & damadge wch ye woolves commit uppon the Stockes of the Inhabitants and that the said woolves (notwithstanding the former order of the laest high court allowing 40 Guilders for each woolfe head), are no wayes more destroyed then before, make an order for setting, 52 Wolfe pitts or trap houses, and direct who shall set them," &c.
A provision is contained in the "Duke's Laws" for the support of "dis- tracted persons," but no direction is given in respect to the manner of secur- ing them. As to their restoration, it was a subject that claimed but little at- tention in these early times. The action of the Upland court, on a case brought before it, though certainly curious, should not be so much a matter of aston- ishment : "Jan Cornelissen of Amesland complayning to ye Court that his son Erick is bereft of his naturall sences & is turned quyt madd and yt : hee being a poore man is not able to maintaine him: - ordered : that three or 4 prsons bee hired to build a Little Blockhouse at amesland for to put in the sd madman, and att the next Court, order will bee taken yt: a small Levy bee Laid to pay for the building of ye house and the maintayning of ye sª mad man according to Lawes of ye government." This block-house may be re- gaided as the first lunatic asylum in Pennsylvania. The necessity for such a building and the order for its erection. bespeak at once the great deprivations to which our early settlers were subjected, and the inadequacy of the means at hand for their relief.
Some conveyances have already been noticed in the narrative, and it will
79
DELAWARE COUNTY
be necessary to advert to a few more, with a view of throwing as much light as possible on the earliest of the settlements within our prescribed limits.
"Hans Juriansen Kien, of Taokanink (Tacony) This day appeared in Cort and then & there did acknowledge a deed of conveigance bearing date the 9th day of this Instant month of March, for the makeing ouer unto his Brother Jonas Juriansen Kien, as followeth, vizt : one Equall sheare and Lott of Land In quantity Equall wth ye sheares & Lotts of ye other Inhabitants of Upland Towne or neighborhood, wth all and Singular the appur- tenances, Lying & being in Upland aforesaid, The whole devident or tract of Land being heretofore surveiged & Laid out for ye six inhabitants of Upland Towne, in general Con- taynes twelve hundred acres, whereof the part & sheare of him the said Hans Kien, be- ing one of ye said six Inhabitants, is two hundred acres as well cleared land as wood land, wch said 200 was thereby sould and made ouer as above, together wth the hous- ing and other appurtenances standing upon the said Hans Kien his Lott of Land Lying and being att upland Towne aforesaid near the Creeke, between the houses & Lotts of James Sanderling and Jurian Kien; the said hans Kien did aknowledge also to haue Re- ceived satisfaction for the premises from him the said Jonas; as by the said deed signed sealed & delivered by the sd hans Kien, in the prsence of Johannsen De haes & John Ad- dams, & bearing date as above, more att Large did apeare."
The above grantee, Jonas Juriansen Kien, appeared in the same court, and acknowledged a deed of conveyance of the same premises, in consideration of "a certayne Sume of money." to John Test, late of London, merchant, together with "a certayne new Blocq house, by him the sª Jonas built on the above men- tioned Lott, near ye water syde of ye Creeke aforesaid," &c. John Test, at this time a resident of Upland, appeared in the same court and acknowledged a conveyance in fee of the same premises to Marmaduke Randell, of London, merchant. The land at Marcus Hook was also taken up by a company of six persons, as appears by a patent granted therefor by Sir E. Andros, as well as by the following conveyance, which was acknowledged in the next Upland court :-
"Jan Hendricksen, of Delowar River, husbandman, appeared in Court, and then and there did acknowledge a certayne deed or transport unto Rodger Peddrick, of all his the said Jan hendricksen's Right, Tytle and Interest of all the Land & appurtenances Ly- ing & being on the West syde of delowar River, called & knowne by the name of mar- reties hoeck, the whole tract of marreties hoeck Land being granted and confirmed by Pattent from the Right honoble governor andros, bearing date the 28th of march, 1676, unto the six possessors thereof, vizt: Charles Jansen, Oele Raessen, hans oelsen, oele neelson, hans hofman and him the sd Jan hendrick, and contayning in the whole one thousand acres of Land; wch sd deed was signed, sealed and delivered by the sd Jan hen- dricks in the prsence of Johannes De haes and Carrell Junsen, and beares date ye 18th day of June, aº 1678."
Both Upland and Marcus Hook were settled a long time before these grants were respectively made to "the six inhabitants" of each place. The names of the grantees of the Marcus Hook purchase are given; those of Up- land, besides Hans Juriansen Kien, were, probably, James Sandeland, Israel Helm, Rev. Laurentius Carolus Lock (Lawrence Lock), Villus Lacie, and Niels Laerson. There were certainly other residents in Upland at the time the
80
DELAWARE COUNTY
grant for the 1200 acres was made. This new patenting of lands by persons who had resided in the country for a long time and held their titles from form- er governments, was one of the impositions practiced under the Duke's author- ity on that class of people. They were required by law "to bring in their form- er grants and take out new pattents for the same from the present Governoure, in behalf of his Royall Highness the Duke of Yorke." It may have been that the inhabitants of Upland and Marcus Hook, and other settlements, respec- tively united in an application for a large tract of land, with the view of sav- ing expenses.
A ship from Hull arrived at Burlington this year. Among the passengers was Thomas Revel, who settled for a time within our limits, and was the clerk of the first court of Chester county.
On April 3d a meeting of the justices was held "at the house of Justice Peter Cock, in ye Schuylkill." The business of this meeting was about the same that is usually performed by county auditors. Sheriff Cantwell appears to have been charged with both the collection and disbursement of the taxes. His allowance "for collecting & receiving ye publicq levy," etc., was 884 guild- ers, being very nearly one-fourth of the whole amount collected !
Part of the record of the June court has been lost, but the minutes of the following court show that it was held on the 18th and 19th days of that month. This court resolved to impose "a levy or small tackx of fyve Gilders pr head on every Tydable p'son," the payment to be made at Tinicum, thus saving the great expense of collecting, that consumed so much of the former levy. The court not having imposed a penalty for non-payment of this "small tax," the justices. upon assembling at their November court, found that their former order had "Layne dorment," and finding themselves "necessiated." issued a new and very rigid order. "that every Tydable within the Jurisdiction of this Court, who have payed their levy Laest yeare, doe wthn the space of 14 days now next Ensuing come and pay Each of them 5 Gilders as formerly, and that they bring ye same unto Tinnecong Ysland in ye hands of Mr Otto Ernest Cock : this order to bee published and fixed up att the churches of Wicaco and Tinnecong to ye end no p"son may plead Ignorance."
In the year 1675, Governor Andros, among other regulations then estab- lished, made an order remitting the quit rent for the first three years on all new lands to be taken up and seated within the precincts of the Delaware. Finding that persons were taking up lands and not seating them. he issued another or- der in October of this year, repealing and recalling his former order except in respect to lands that had actually been seated. Lands taken up and not seated and improved, and not duly returned. to be forfeited, and to be dis- posed of as vacant land ; that seated and improved and not returned, to be re- turned within six months : all arrears of quit rents since the governor's arrival in 1674, to be paid within the same time, and in future the payment of quit rent was to commence with the taking up of the land.
A jury was empannelled in a case tried at this court, being the first which appears on the records of Upland court, and was doubtless the first jury that
81
DELAWARE COUNTY
was empannelled within the limits of Pennsylvania. Though not necessary un- der the "Duke's Laws" to have more than six jurors, there were twelve em- panneled on the jury in question, whose names here follow, viz :- "hans moens, dunk williams, Xtopher Barnes, Edm: draufton, Peter Yocum, Isacq Sauoy, Jan hendricks, Jonas Kien, moens Cock, John Browne, Jan Boelsen, henry hastings." It required only a majority of the jurors to bring in a verdict ; but there is nothing to show that they were not unanimous in the present case. The court, however, determined to be judges both of the law and the facts, "suspended" the verdict, and at the next Court tried the case themselves, and reversed the decision of the jury.
The subject of mills claimed the particular attention of the Upland court. A year prior to this time, the court had granted liberty to Jan Boelsen "to take up one hundred acres of land above the mill in amesland Kill." The mill here alluded to is the old Swedes mill erected by Governor Printz, about the year 1644, and doubtless the most useful institution in the country. The inhabitants became alarmed at seeing land taken up "so near the mill of Carkoen creek," lest "the sd mill would bee Left destitute of any land to gett timber for ye use of sd mill, and upon their representation the Court ordered that 100 acres of land should be laid on the west syde of ye sd mill branch," for the use of the mill. The court also ordered that the one hundred acres granted to Jan Boelsen should be reserved for the mill, having first obtained his assent. The mill tract on Holmes' map is on the East side of the creek. It would therefore appear that two hundred acres were reserved for the use of the mill, unless the tract on Holmes' map is incorrectly laid down.
At the same court, the erection of another mill was decided upon. "It be- ing in consideracon that it was very necessary that a mill be built in the Schuylkill; and there being no fitter place than the faall Called Capt" hans moenses faalls : The Cort are of opinion that Either Capt" hans moenses ought to build a mill there. (as hee sayes that hee will,) or else suffer another to build for the common good of the parts."
Where there are mills, there must of necessity be roads, particularly as settlements begin to be made in the interior of a country. Hence the court "ordered that every p"son should wthin the space of twoo months, as far as his Land Reaches, make good and passable wayes from neighbour to neighbour, wth bridges where it needs, To the End that neighbours on occasion may come together." Those neglecting, to forfeit 25 guilders.
The interests of the church also claimed some of the attention of the court. "Complaint being made by the church wardens that Neeles Laerson has taken in (wth Lotts of Land by him bought of dom : Lasse Carolus here in Upland Towne) some of the Church or glebb Land ;- ordered, that Neeles Laersen shall haue his due of the 2 Lotts by him bought of sª dom: Carolus Equall wth the other Lotts in Upland, but for what shall be found that sd Neeles Laersen has taken in more, he to Leave out againe annexed to ye other Church Lotts."
Captain Billop, the present commander, seems to have been less faithful 6
82
DELAWARE COUNTY
in the performance of his duties than his predecessor, Collier. He used the fort at New Castle as his own private property, converting it into a stable for his horses and a pen for his hogs. The room above the fort, which had been occupied as a court-room, he had filled with hay and fodder ; and he employed the soldiers "about his own private affairs." Fortunately for the Upland court, the captain was stationed at a distance from their seat of justice; and we do not learn that his subordinate officer, Captain Hans Jergen, stationed at Upland, ever interfered with our court in its full enjoyment, as a hall of justice, of the recently finished "House of defence."
These, with other complaints against Billop, were made to the governor by the justices of New Castle court, who were also not disposed to spare their brother Justice, Walter Wharton, who likewise held the office of surveyor- general. He had married himself, or was married contrary to law, and had not performed his duty as a justice, in absenting himself "three following court days." The former complaint was referred to the governor, but for the neglect of his judicial duties he was fined fio by the court. Billop was re- called to New York by the governor, but Wharton was removed by death, towards the close of this year.
It is probable that the marsh lands appertaining to any particular settle- ment along the river, were for a long time held and used as a common pastur- age. That this was so in respect to Upland, would appear from a complaint being made by James Sanderling, "In behalfe of ye Rest of ye Inhabitants of Upland that Neels Laersen wth a fence stopps up the old and usuall way to the fly (marsh) ; and Neels Laersen being thereupon heard." the Court ordered the way to be left open as formerly.
The records of Upland court also furnish some evidence that education of children was not wholly neglected. In the case of "Edmund Draufton, plain- tiff vs. Dunck Williams, deft.," "The Plt demands of this Deft 200 Gilders for teaching this Defts children to Read one Yeare." "The Cort haueing heard the debates of both parties as alsoe ye attestation of ye witnesses. Doe grant judgmt agst ye Deft for 200 gilders wth ye Costs." "Richard Duckett sworne in Court declares that hee was prsent at ye makeing of ye bargaine, and did heare that ye agreemt was that Edmund draufton should Teach Dunkes children to Read in ye bybell, & if hee could doe itt in a yeare or a halfe yeare or a quart", then hee was to haue 200 gilders."
Edmund Draufton is the earliest schoolmaster within the jurisdiction of Upland court of whom any account has been preserved. The location of his school is not certainly known.
The "House of Defence" appears to have been built on the private prop- erty of Neels Laersen. At the first court held in 1679 he was ordered "to make or leaue a lane or street from Upland creeke to ye : house of defence or Country house," or in default to be fined at the discretion of the court. The appellation "Country house," sufficiently indicates the uses to which the "House of Defence" was now appropriated. We have seen that its completion was urged in order that the courts might be held there, and it is probable that it
83
DELAWARE COUNTY
was used as a place for the transaction of public business generally. For what- ever other purpose the House of Defence may have been used, it was certainly the first court house within our limits.
The attention of the New Castle court was frequently occupied with church disputes and differences. The following is the most remarkable in- stance of the interference of the Upland court in ecclesiastical affairs :
"It being Represented to ye Court by the Church Wardens of Tinnagcong and Wicaco Churches that the fences about ye Church yards, and other Church buildings are mutch out of repair, and that some of the People, members of ye sd Churches are neg- lective to make the same Up etc: The Cort haueing taken ye premises into Consideracon, doe find itt necessary to order, authorize & Impower, and doe by these prsents order, au- thorize & Impower the Respective members of ye sd Churches, from tyme to tyme, and att all tymes when itt shall bee found necessary, to build, make good and keepe in Re- pair the sd Church yard fences as also the Church and other the appurtenances thereof, and if any of the sd members upon warning doe proove neglective In the doeing of their proportion to the same, They and each of them to forfeit fifty gilders for each such neglect, to bee Levyed out of their goods and Chattels Lands and Tenements."
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