Annals of Pennsylvania, from the discovery of the Delaware, Part 42

Author: Hazard, Samuel, 1784-1870
Publication date: 1850
Publisher: Philadelphia, Hazard & Mitchell
Number of Pages: 684


USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 42


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The prohibition on exporting corn, laid in prospect of In- dian war, is now removed, and Martin Krygier has permission to go with his sloop to Delaware, and return with corn or other produce.5


January 23. Prohibition on corn re- moved.


January 26. Patent to M. Nicholls.


A patent granted by Richard Nicholls to Matthias Nicholls, for land on south side of Delaware River, near the falls known by the Indian name of Chiepiessing, and by Matthias Nicholls is conveyed to John Berry and Company, though no time was specially fixed for settlement, and owing to distance


1 Foote's Address, which traces these settlements to the present occupants ; p. 13, &c. 2 Albany Records; General Entries, vol. iv. p. 78.


3 Ibid. vol. iii. p. 89.


5 Ibid. vol. iii. p. 86.


4 Ibid. p. 86; vol. ii. p. 137.


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January 1. Governor approves of hanging in chains. License to a woman to trade on De- laware.


395


1672.


of the place from other plantations, longer than usual, has expired, this is passed over, and three years from date allowed for settlement.1


Governor Lovelace issues proclamation forbidding to carry February 4. out of the country debtors or servants, without permit.


Prohibition to sloops and vessels going up river above New Castle is taken off; henceforth it is lawful for any sloop or moved. vessel to go up said river, bringing a certificate from the go- vernor of his coming from hence, (Fort James,) but only such February 6. as sail from Fort James to have the privilege. The prohibi- tion was found inconvenient and unequal, as vessels were up above permitted to go up to Albany.2 New Castle.


Debtors and servants not to be re-


Vessels al- lowed to sail


A pass is given to the wife of Laurs Holst, to go in the February 16. - sloop of M. Krygier to Delaware, and thence up the river in Pass for a some boat or canoe, to the Swedes' plantations, with shoes,


woman to trade on De- and such other of her husband's trade, and return without laware. hinderance.3


A grant by Lovelace to Reloff Anderson, for 200 acres on February 20. north-west side of Apoquinimy Creek, bounded by Drawyer's Creek, confirmed, with various others; quit-rent, one to two bushels of wheat.4


The governor being about to visit Delaware, issues the fol- March 18. lowing order to Captain Nicholls, for his troops, as a body- guard :


" Whereas there is occasion of my going in person to De- Governor, laware overland, as well to conclude a peace among the mutinous Indians in those parts, as to settle affairs on that for troops river, under his majesty's obedience, for the which, both for the reputation of his royal highness, whose person I represent here as his governor, and the safety of myself and retinue, it will be requisite that I have a party of horse out of the troops (of Long Island and this city) * Summon so many persons in each town, besides officers, as will make up the number twenty, to be ready with horses and arms. * * Those that stay behind shall be obliged to bear their equal share and part of trouble and charge, as their fellow-soldiers shall be put to that go," &c. &c.5


Captain Nicholls summons his soldiers to be at the ferry March 19. on Tuesday, 19th instant, where boats will be ready for their


1 General Entries, vol. iii. p. 97. 2 Ibid.


3 Ibid. vol. iv. p. 99.


4 Breviat.


6 Albany Records; General Entries, vol. iv. p. 110.


going to De- laware, calls


to accom- pany him.


Captain Ni- cholls's or- ders.


DEPUTY GOVERNOR FRANCIS LOVELACE.


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396


CHARLES II .- JAMES, DUKE OF YORK.


1672.


transportation to the Nevesink, at the general rendezvous, which is appointed for the 22d.


Out of this number three persons to be pitched upon " to go with Captain John Garland, who is appointed to lead the way, and make preparations for the governor and his retinue ; to set out on the 12th or 13th instant, at farthest."


The governor gives instructions to Captain Garland, about March 22. making the preparations for him. " Go with the horse allotted Governor's instructions for prepara- by the captain, as speedily as you can, to Neversinks, thence to the house of Mr. Jegoe, right against Mattiniconck Island, tions for him on Delaware River, where there are some persons ready to by the way. receive you. Being arrived at the river side, you are to go to Wiccaco, or where you shall be directed, where Captain Carr and the commissaries are, to whom deliver the letter, and then follow their instructions. You are to see that all conveniences for me and my party be made ready for our accommodation, as provisions, boats, &c., and likewise a con- siderable guard of men at Mattiniconck Island. After all these things are in order, you are to meet me with your party, and such other volunteers as are disposed to accompany you, and meet me one day's journey, which is at the great Indian plantation, where I intend to lodge that night, and purpose to be there, by God's help, on the 24th instant, and perhaps on the 23d. When we are there at the general rendezvous, I shall set things into further order. You are to treat the Indians and others with all civility, and to contrive it so that the Sussink Indians may be there when I pass by. You are to assure all the Indians that the intention of my coming amongst them is out of love and friendship to them."


During his absence, he intrusted the management of his affairs to two members of council.1


Hostilities are renewed between the English and the Dutch.


May 16.


The inhabitants of Whorekill authorized to elect schout and commissaries, in place of those whose terms are now ex- piring. On Mr. Krygier's notifying the governor of the names of the new ones, they will be confirmed.2


May 27.


The following minute of council, respecting the incorpora- tion of New Castle, shows the rights and privileges of that town :


Incorpora- tion of New Castle.


Terms.


" Ist. New Castle, being a corporation, is allowed of, and that it be a bailiwick, and governed by a bailiff and six 1 Albany Records; General Entries, vol. iv. p. 114. 2 Ibid. p. 130.


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397 1672.


Maryland to Whorekill


imprisoned for contempt


DEPUTY GOVERNOR FRANCIS LOVELACE.


assistants ; after the first year, four old ones to go out, and four others to be chosen in their places. The bailiff to be president, and have a double vote. A constable to be chosen by the bench, to try causes as far as £10 without appeal.


" 2d. English laws to be established in the town and river. The office of schout to be converted into sheriff for the cor- poration and river ; to be chosen annually.


" It is further to be considered of, when Captain Cantwell comes, if it be before Captain Carr's going away.


"3d. To have free trade, in their being obliged to make entry here at New Amsterdam, that the determination hereof be suspended until advice be sent about it out of England, or other considerations had thereon."


" Concerning the certificate about the Whorekill, that Captain Carr shall have instructions upon at his return.


" The Delaware expedition to be borne by the public. Mr. Nicholls charges the first voyage to Delaware to be borne out of the fines of the Long Finn."1


" Upon consideration had of a certificate brought by Cap- May 27. tain John Carr from New Castle, in Delaware, about the Claim of pretences from Maryland to Whorekill, and their sending surveyors to lay out land, without the consent or approbation opposed. of the officers there under the protection of his royal high- ness, who withstood their proceedings therein. It is ordered that the magistrates there be vindicated in what they have done, to whom a letter of thanks is to be sent ; and it is like- wise expected that they continue in their observance of such ordinances and directions as they shall receive from his royal highness's governor, and none others, until his majesty's or his royal highness's pleasure be signified to the contrary."2


Daniel Brown, a planter from Whorekill, is committed and July 11. sent a prisoner to New York, by the magistrates at Whorekill, A planter for contemning the authority of the court, with several other abuses and misdemeanours. On his great sorrow, he is re- of court. leased, on bond of £20 to keep the peace, with promise, in case of second offence, of exemplary punishment.


Whorekill is authorized to lay an impost on strong liquors Duty on li- sold there, to repair losses sustained by the privateers last quora at Whorekill. winter ; on each anker of strong liquors, four guilders in wampum, for one year only, to test its expediency.3


1 Albany Records; Minutes of Council, vol. iii. pp. 92, 93. 2 Ibid. p. 9.4.


3 Ibid. p. 110.


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398


CHARLES II .- JAMES, DUKE OF YORK.


1672.


Hermanus Fred. Wiltbank, schout, and Otho Wolgart, William Claesson, and Isaac Savey, commissaries, are con- firmed by the governor, for Whorekill, for one year.1


August 12.


Edward Cantwell appointed high sheriff, (schout ;) also to collect certain quit-rents on Delaware River ; William Tom, who was appointed August 10, 1669, having resigned.2


August 18.


Land on island oppo- site Calcone Hook.


An order issues in favour of Jan Cornelis Mathys and Martin Martinson, inhabitants at Amesland, on Delaware, for a parcel of valley or meadow land, upon the island over against Calcone Hook, near the plantation for which Israel Helm, through misinformation, obtained a patent, after being in quiet possession of the above. The court of Upland is authorized to examine into the matter, and report.3


August 22.


In consequence of disturbances at Whorekill by one Jones, from Maryland, Governor Lovelace wrote to governor of Maryland, thus :


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Particulars of outrage by Jones, at Whorekill, in letter from Love- lace to go- vernor of Maryland.


" Sir-I thought it had been impossible now, in these por- tending troublous times, wherein all true-hearted Englishmen are buckling on their armour, to vindicate their honours, and assert the imperial interests of his sacred majesty's rights and dominions, (that now, without any just ground, either given or pretended,) such horrid outrages should be com- mitted on his majesty's liege subjects, under protection of his royal highness's authority, as was exercised by one Jones, who, with a party as dissolute as himself, took the pains to ride to the Whorekill, where, in derision and contempt of the duke's authority, he bound the magistrates and inhabitants, despitefully treated them, rifled and plundered them of their goods, and when it was demanded by what authority he acted, answered in no other language but a cocked pistol to his breast, which, if it had spoke, had for ever silenced him. I do not remember to have heard of a greater outrage and riot committed on his majesty's subjects in America, but once be- fore, in Maryland. Sir, you cannot but imagine his royal highness will not be satisfied with those violent proceedings, in which the indignity rebounds on him ; neither can you but believe it is as easy an undertaking for me to retaliate the same affront on Jones's head and accomplices as he did to those indefensible inhabitants. But I rather choose to have first a more calm redress from you, (to whom I now appeal,) and from whom I may in justice expect that right, in the 1 General Entries, vol. iv. p. 180. 2 Ibid. 3 Ibid. p. 184.


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DEPUTY GOVERNOR FRANCIS LOVELACE.


castigation of Jones, cum sociis, that the nature and the law has provided, otherwise I must apply myself to such other remedies as the exigence of this indignity shall persuade me to. Thus leaving it to your consideration, I still remain your very humble friend,


" FRANCIS LOVELACE.


"Fort James, New York, August 12, 1672."1


Governor Lovelace orders Edmund Cantwell " to cause to August 22. be seated and cleared by some tenant, for my best advantage, Land for Go- a tract of land patented to Richard Gorsuch, on west side of Delaware River, bounded on the north by a creek called by the Indians Quiackitcunk, at Nicambanack Creek, and south by north side of Pemecacka Creek,2 passing over Passaques- sing Creek,3 and hath since assigned the same to me."4


vernor Love- lace.


Governor Printz's daughter, Mrs. Pappegoya, presents a August 23. petition to Governor Lovelace, to which the following is his answer :


" Whereas Jeuffro Armigart Printz, alias Pappegay,5 living in Delaware River, did make a request unto me, that in re- gard she lived alone, and had so little assistance by servants, having only one man-servant, and likewise in harvest time, or other seasons of the year for husbandry, when she was and of non- constrained to hire other people to help her, for whose pay- ment in part, and relief also, she was wont to distil some vant on small quantities of liquors from corn, as by divers others is trainings. used in that river, that I would please to excuse her man- servant from ordinary attendance at trainings in the company in which he is enlisted, and also give her license to distil in her own distilling-kettle some small quantities of liquors for her own use, and her servants and labourers, upon occasions as before mentioned. I have thought good to grant the re- quest of said Jeuffro Pappegay, both as to the excuse of her servant's being at trainings, (extraordinary ones, upon occa- sion of an enemy or invasion excepted,) and likewise that she have license to make use of her distilling-kettle, as is desired, provided it be done with such moderation that no just com- plaint do arise thereby, to continue one year.""


Captain Edmund Cantwell, high sheriff of New Castle and Sept. 3. Delaware, is appointed to make seizure of stray horses, neat


1 Albany Records; General Entries, vol. iv. p. 189.


2 Pennepack.


3 Poetquessing. 4 Albany Records; General Entries, vol. iv. p. 189.


5 In this manner it is written in the record.


6 Albany Records; General Entries, vol. iv. p. 190.


Mrs. Pappe- goya, daugh- ter of Gov. Printz, asks privilege of distilling, attendance of her ser-


399


1672.


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CHARLES II .- JAMES, DUKE OF YORK.


1672.


cattle, and swine, unmarked and running at large, and dis- pose of them for his royal highness's benefit.1


Sept. 16. Pay for boating of soldiers.


Governor orders Bedlow to pay boatmen for his boat hire, and carrying and bringing back the troops to and from Neversink, in the expedition to Delaware, either by discount- ing with, or giving credit for the amount of the bills allowed, and make the Delaware voyage debtor for the same.2


October 1.


· Permission is granted to H. Hendrickson to proceed from New York to Delaware, and up the river, to collect his debts.


October 12.


The following proceedings in the court of assizes at New. York, (to which it appears an appeal was made from Dela- ware,) between Mrs. Pappegoya and Captain Carr, relate to the recovery of Tinnicum Island for Mrs. Pappegoya :


" Afternoon-Armgart Printz, plaintiff; Captain Carr, as attorney for Andrew Carr, defendant.


Trial be- tween Mrs. Pappegoya and Captain Carr, attor- ney.


" Upon motion of Mr. S. Edsall, assistant to the attorney John Sharp, that in regard some of the papers are in High Dutch, and others in Low, desiring time till to-morrow after- noon to be heard, it is granted, and that the Lutheran domine be advised with about the translation from High into Low Dutch, of the procuration by Hans Block, and the Dutch papers put into English by a good interpreter.


" Mr. Ryder, attorney for the defendants, denies Captain Carr's letter of attorney, as to trial for lands or title."


It appears Peter Alricks, bailiff of New Castle for Dela- ware, was present at the court.


October 13.


" Thursday, P. M .- The same parties : Jacob Milborn, by power from John Sharp, attorney for plaintiff, is admitted to plead, and puts in a declaration.


" Mr. Ryder refuses to go to trial further than Captain Carr's letter of attorney from Andrew Carr directs ; however, the court thinks fit to proceed to trial, in regard it was so ordered at the high court at Delaware, the governor being present.


" The first bill of sale, in Dutch, upon record, with Mr. Van Ruyven, is produced.


" A power from Governor Printz, under his hand and seal, was produced, which being not judged sufficient, in regard the state seal was not affixed to it, another was procured, with the seal, and likewise put into court. The writings being in High Dutch, the translation of it into Low Dutch by the ' Albany Records; General Entries, vol. iv. p. 200. 2 Ibid. p. 184.


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DEPUTY GOVERNOR FRANCIS LOVELACE.


Lutheran domine were, according to order, brought into 1672. court.


" Besides this, Governor Printz dying, the plaintiff was forced to procure from Sweden new power from her sisters Trial of Pap- or other relations, which, in three papers, was delivered in also.


pegay against Carr, con- tinued.


" The original letter of attorney, or power, with the states seal, was translated into English by Nicholas Bayard, out of the Low Dutch.


" The bill of sale was read from Dutch into English, by Mr. Daniel.


" Peter Nys declares, that when he was in Holland, he saw and had in his hand, the power and consent of Jeuffro Pappe- gay, from her sisters, and their husbands' approbation.


" Mr. Ryder pleads his client Captain Carr had not suffi- cient authority in his letter of attorney, which was read, but withal produces several authentic papers, with seals to them, from out of Holland, against the plaintiff's right.


" He desires time for other witnesses out of Holland, but it is thought fit to delay the case no longer ; so the court re- commend it to the jury."


"Friday, before noon-In the case of Jeuffro Pappegay, October 14. plaintiff, and Andrew Carr, &c., defendant, the jury find for the plaintiff, as by their following verdict, viz. 'In the case depending between Armigart Printz, alias Mrs. Pappegay, plaintiff, and Mrs. La Grange, defendant, the jury having seriously considered the matter, do find for the plaintiff, and award the defendant to pay the principal, with costs of suit, and all just damages.'


" Afternoon-Order and judgment of the court :


" The same parties .- This case having been ordered to be heard at this court, after a full debate, being referred to a jury, who brought in their verdict for the plaintiff; the court having taken the same into consideration, do unanimously agree with the verdict of the jury, in manner and form as delivered in court, and do give judgment accordingly, and that the defendants pay costs and charges of suit. By order of the governor and court of assizes."1


In relation to the attack from Maryland on Whorekill, October 17. Governor Lovelace instructs Captain Carr as follows :


" Sir-The letters you sent me, by the express over-land,


1 Albany Records; Court of Assizes, vol. ii. pp. 293-300. 51 2L 2


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CHARLES II .- JAMES, DUKE OF YORK.


1672.


Instructions to Captain Carr.


came safe to my hands, with the enclosed relation and papers, concerning the Whorekill, and the Marylanders forcibly pos- sessing themselves of the place, as also of the goods and estates of some of the inhabitants, of which we had some rumours before, but did not give much credit to it, supposing what was done before to be the rash action of some private person, not thinking the authority of Maryland would invade his royal highness's territories, which he hath been possessed of for near eight years, without giving the least overture of it to me, who am his royal highness's deputy. Their former violent action and force upon those poor unarmed people, to- gether with the particulars of their plunders, I had imme- diate opportunity of transmitting to his royal highness, by a ship then bound away for London, the which I made use of, and recommended their case, and I hope it hath, long ere this, arrived at his hands, so that some directions about it may be expected in a short time; till when, I think it best for the present to leave matters there as they are, but as to the cloud which hangs over your heads at Delaware, which, it is said, they are making preparations to invade, my in- structions and orders to you, and the officers in general, are, that you put yourselves in the best posture of defence possibly you can, by fitting up the fort in the town, keeping your com- panies in arms, both there and up the river, who are to pro- vide themselves with fitting ammunition ; and that all soldiers be at an hour's warning, upon any alarm or order given ; and that, at the town especially, you make your guards as strong as you can, and keep a strict watch, and if any enemy come to demand the place, that you first desire to know their authority and commission, and how it comes to pass those of Maryland should now make such an invasion, after so long quiet possession of those parts by his royal highness's deputies, under his majesty's obedience, and by other nations before that, several years before the date of the Lord Baltimore's patent, whom they never disturbed by arms, and whose right is now devolved upon the duke. Stand well upon your guard, and do not begin with them, but if they first break the peace, by firing upon your guards, or any such hostile action, then use all possible means to defend yourselves and the place ; and command all his majesty's good subjects to be aiding and assisting to you, who, I hope, will not be wanting to their


403


1672.


DEPUTY GOVERNOR FRANCIS LOVELACE ..


abilities. In all matters of concern, you are to take advice of the chief officers there.


" This will come to you by your bailiff, Mr. Peter Alricks, who is hastening overland, to secure his affairs there, in this portending invasion, and to give his best help for the safe- guard of the place, and his royal highness's interest, upon all occasions. Fail not to send an express to me, by whom I shall give you such further directions and assistance as will be requisite, and if occasion should be, will come over myself in person, though the spring would be more suitable for me than a winter voyage. So recommending all things to your care and vigilance, of which I expect a good account, I con- clude, being your very loving friend, FRANCIS LOVELACE.


" Fort James, in New York, this 7th of October, 1672."1


William Douglass is taken by sloop from New Castle, a Dec. 26. prisoner to New York, he having returned after banishment William from the government. Is to be imprisoned and kept till fur- ther orders.2


Douglass imprisoned again.


This year the celebrated Friend, George Fox, visited this George Fox part of the country. He arrived from Jamaica, in Mary- visits New Castle. land, and, accompanied by John Burnyeat, Robert Withers, and George Pattison, on their way to New England, by land, they touched at New Castle, and from thence, with much difficulty, crossed the Delaware. On their return, they again visit New Castle, swimming their horses by the sides of canoes, and underwent many difficulties. At New Castle, they met with a handsome reception from Governor Carr, and had a pretty large meeting there, it being the first ever held in that place ; thence they returned to Maryland.3


1673.


William Douglass, for the trouble he has given, is to be February 6. sent by Captain S. for Barbadoes, there to be sold.4


Governor Lovelace appoints Peter Alricks, Captain Edmund March 2. Cantwell, William Tom, and Captain Walter Wharton, com- missioners to appraise and set a value upon the island of Tinnicum, in Delaware River, (not long since in tenure or possession of defendant, Andrew Carr and wife Priscilla,)


1 Albany Records; General Entries, vol. iv. p. 213. 2 Ibid. p. 244.


3 Smith's History of Pennsylvania, in Reg. Penns, vol. vi. p. 181, which see for some curious incidents.


4 Albany Records; Minutes of Council, vol. iii. p. 131.


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CHARLES II .- JAMES, DUKE OF YORK.


1673.


Mrs. Pappe- goya to be put in pos- session of Tinnicum Island, for amount of judgment against Carr.


and other goods. The commission sets forth, that " Whereas Jeuffro Armgardt Printz, alias Pappegay, did obtain a judg- ment upon the verdict of a jury, at the last general court of assizes, against Andrew Carr and Priscilla his wife, for the sum of 3000 guilders, Holland money, or £300 sterling, to- gether with all due charges and costs of suit, the determina- tion whereof being referred to the major part of the bench, they did make report that £50 shall be allowed for interest and forbearance of principal debt, leaving the other charges and costs to the determination of the law." Governor con- firms decision of £300 and £50, and £5 more, charges ap- parent and usual costs to be levied on estate, goods, and chattels of defendants, 'on Delaware River or elsewhere, within the government; if there be not sufficient"-[Then follows an execution to be served on Carr's estate, for use of Jeuffro Armgardt Printz, alias Pappegay, directed to Cant- well, high sheriff, to levy, after appraisement made.] " And for that it is thought the most considerable part of Carr's estate is upon island of Tinnicum, you are hereby empowered to put the said Jeuffro Printz into possession of said island, and the stock thereon, which, if not sufficient, levy on other property of Carr."1




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