USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 43
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March 20. Licenses granted.
A pass for John Schouten to go with his sloop to New Castle, or parts adjacent, and return to New York with his loading. Also a license for John Garland, to trade or traffic with the Indians or others at Whorekill, in any goods not prohibited, and likewise to go up the river above New Castle, in any vessel belonging to New York, according to toleration granted by governor in council, 27th January last. The magistrates are required not to hinder him, any former orders notwithstanding.2
March 18. Lord Berk- ley sells to John Fen- wick. Wm. Penn arbitrator between Byllinge and Fenwick.
Lord Berkley parted with the whole of his right and title in New Jersey, to John Fenwick, in trust for Edward Byllinge, for £1000, thus dissolving the joint tenancy with Carteret.3
Some difficulty afterwards occurring between Fenwick and Byllinge, as to their respective interests, William Penn was appointed arbitrator, who gave Fenwick one-tenth of the province, with a considerable sum of money; the remaining nine-tenths to Byllinge.4
- Albany Records; General Entries, vol. iv. p. 260-262.
2 Breviat, p. 42.
4 Mulford, p. 166.
3 Mulford, p. 165. Mickle, p. 29. Johnson, p. 13.
-1
STATES-GENERAL, UNDER ANTHONY COLVE, GOVERNOR.
The affair of Whorekill considered by governor and coun- cil; letters from Carr, Cantwell, and Wharton read, propos- ing plans for reducing it; ordered to send a commission to the officers and magistrates at Delaware, " to go to Whore- kill, there to keep a court in the king's name, and inquire of all irregular proceedings, and settle the governor and officers there as formerly, under his majesty's obedience, and accord- ing to particular instructions to be sent." This shows that the Marylanders did not keep possession of the Whorekills.1
Several grants of land at New Castle, and between " Dog and Namon's" Creek, reserving to the duke quit-rent of one bushel of wheat.2
Proclamation of governor, reciting the great scarcity of June 24. wampum throughout the duke's territories, which was received Proclama- and paid currently there in all transactions between man and man, therefore, in order to bring in wampum, increasing and pum. raising the value of it to one-third more than it was before.3 Six beads were formerly valued at a stiver, of which twenty made a guilder, or about fourpence sterling.4
War between the Dutch and English having commenced July 30. last year, a few Dutch ships, under command of Evertse and Dutch re- Benkes, now arrive under Staten Island, a few miles from New York. The commander of the fort, John Manning, treacherously made peace with the enemy, and delivered up the fort without giving or receiving a shot, and the major part of the magistrates and constables swore allegiance to the States-General and the Prince of Orange. Thus New York, as well as New Jersey, became once more under the Dutch government. Deputies were likewise sent by the people in- habiting the country as far west as Delaware, who, in the name of their principals, made a declaration of their submis- sion, and Delaware again reverted to the Dutch.5
ANTHONY COLVE was appointed governor, and various pri- August 12. vileges were conferred on the people.
The following is Governor Colve's commission, which shows the extent of the Dutch claim :
" Whereas it is necessary that a good and expert person Governor should be chosen to act as governor and chief magistrate in this conquest of New Netherland, with all its dependencies, beginning at Cape Henlopen, on south side of Delaware Bay,
1 Breviat, p. 42. 2 Ibid. 3 Ibid. 4 Proud, vol. i. p. 134.
5 Smith's N. Y., vol. i. pp. 39, 40. Mulford's N. J. p. 157.
405
1673.
April 24. Commission to go to Whorekill.
Grants of land.
tion respect- ing wam-
take New York, &c.
Colve's com- mission.
406
STATES-GENERAL, UNDER ANTHONY COLVE, GOVERNOR.
1673.
Governor Colve's com- mission, con- tinued.
and the South River included, in such a manner as it was in former days possessed by the directors of the city of Amster- dam, and afterwards by the English government, in the name and in behalf of the Duke of York, and further of aforesaid Cape Henlopen, all along to the great ocean, to the east of Long Island and Shelter Island, and from there westward to the middle of the channel named the Sound, to the village Grænangen, on the continent, and so to proceed landward in upon a northerly line, so that it shall proceed to ten miles from the North River, in conformity to the provisional divi- sion of the limits, as agreed upon in the year 1650, which afterwards was confirmed and ratified by their high and mighty lords the States-General of New Netherland, on 22d February, 1656, and 23d January, 1664, with all the lands, islands, rivers, lakes, kills, creeks, fresh and salt water, fort- resses, cities, villages, and plantations comprehended within it, so is it that we, sufficiently convinced of the experience of Anthony Colve, captain of a company of Netherland infan- try, in the service of the high and mighty, &c., in virtue of our commission granted to us by aforesaid high and mighty, &c., commissioned and qualified, so as we by this do commission and qualify the aforesaid Anthony Colve to govern as gover- nor-general, this country and fortresses, with all their appur- tenances and dependencies, and to protect these against all invasions of enemies, so as he, to the best of his abilities, shall deem most salutary for the service of this country, commanding therefore all high and low officers, justices and magistrates, and other commanders, soldiers, citizens, and all inhabitants of this country, to acknowledge, honour, respect and obey the aforesaid Anthony Colve as the governor- general, as we have deemed this necessary for the service of the country. All this under approbation or rejection of lords principals. Done, &c. August 12, 1673.
" C. EVERTSE, jun. " J. BENKES."1
Sept. 9. Departure of Lovelace.
Governor Lovelace was ordered to depart the province, but afterwards obtained leave to return to England with Com- mander Benkes.2
Sept. 12.
The Delaware having again reverted to the Dutch, before a council of lords, in the military tribunal at Fort William Henderick, (New York) present, Benkes, Evertse, jun., and ' Albany Records, vol. xxiii. pp. 332, 333. 2 Smith's N. Y. vol. i. p. 39.
407
DUTCH GOVERNOR, ANTHONY COLVE.
Captain A. Colve, appeared deputies of South River, who deliver their credentials, and further declared their submission under obedience to the honourable lords States-General of New Netherland, and his serene highness, Prince of Orange, and asked for certain privileges. They were answered thus :
" 1st. Till further orders from Holland, they may enjoy free trade and commerce with Christians and savages, as others enjoy.
"2d. A commander shall be appointed on South River, authorized to enlist ten or twelve soldiers, and further, to summon and command every sixth man of all the inhabitants to build a fort in the most convenient place.
" 3d. A person to be authorized by the commander to in- vestigate what debts are yet to be paid to the English govern- ment, and what debts of that government are yet unpaid, which, when reported to the governor, further order will be issued.
"4th. Freedom of conscience is granted to petitioners.
"5th. The valley near the place to be disposed of at a convenient time, and as the governor shall direct.
" 6th. Swedish and Finnish residents on South River to enjoy same privileges as other subjects.
"7th. Inhabitants of South River, in consequence of ex- penses in constructing the fort, to be free from taxes on land, and from excise on wines and distilled liquors consumed there, till May, 1676.
" 8th. The English to be entitled to the same, provided they take oath of loyalty.
" 9th. All inhabitants on South River to keep undisturbed possession of houses, lands, and property. When persons now residing in Maryland possess any lands on South River, and obtain lawful deeds, they shall be permitted, within three months from this day, to apply to, and have deeds con- firmed by the governor, but must in that time settle under this government, and take oath of allegiance, or forfeit their lands. Done at Fort William Hendricks, September 12, 1672.
" Signed,
JACOB BENKES, " CORNEL. EVERTSE, jun." Three
" A majority of inhabitants to name, by a majority of votes, eight persons for each court of justice, whose jurisdic- tions provisionally shall be :
" 1st. For New Amstel, for inhabitants of east and west
1673.
Conditions established by the Dutch after return of the coun- try to their government.
courts. Ju- risdictions. Judges, how elected.
408
DEPUTY, PETER ALRICKS.
1673.
shore of Christina kill to Bompjes Hook, including inhabit- ants of Apoquinimy.
"2d. For Upland, for east and west wall of Christina, up- ward to mouth of river.
" 3d. For Whorekill, east and west wall of Cape Henlopen, to Bompjes Hook.
" Said nominations to be delivered to commander and sheriff, P. Alricks, to be conveyed to governor, to select from it, and commission to be sent to such." Signed as above.1
Sept. 19. P. Alricks appointed by Dutch schout and commander.
Peter Alricks was appointed by Governor Colve, schout or sheriff, and commander on South River, lately named Dela- ware, beginning at Cape Henlopen, and so much further south as it was possessed during the former Dutch government. He took the oath of allegiance to New Netherland, and is re- quired to take it from all who submitted.
Walter Wharton is appointed surveyor-general.
Ration's.
Commander Alricks was authorized to enlist ten or twelve soldiers at the expense of the government, among whom to be two corporals, at 48 st. Holland, and for soldiers, 35 st. per week ; rations, 6 pounds beef, 6 pounds rye bread, half pound butter, half vat small beer, for 7 men per week ; one schepel peas per month. He received the following instruc- tions :
Sept. 27. Instructions.
" 1st. Sincere, true Christian religion, in conformity with Synod of Dordrecht, shall be preached, and by all means maintained, without permitting that, by any other sect, any thing contrary to it is attempted.
"2d. He is seriously recommended to keep his people in good order, and to be every night precisely in the fort.
"3d. He shall, as far as in his power, keep good corre- spondence with the commissaries on South River.
"4th. Keep the natives or Indians devoted to him as far as possible, and endeavour to render the Dutch government palatable to them.
" 5th. He shall, in distributing rations, regulate himself as follows : for each man, per week, 6 pounds beef, or 3} pork, 6 pounds bread, half pound butter, or 2 st. Holland in lieu of it, one half vat of small beer for 7 men ; each month, a schepel (3} bushels) peas each man.
"6th. As regards sheriffalty, he shall conduct agreeably to instructions from time to time.
1 Albany Records, vol. xxiii. p. 323.
409 1673.
DUTCH GOVERNOR, ANTHONY COLVE.
"7th. Further, he shall regulate himself agreeably to orders sent.
" 8th. Shall not neglect to inform us, by every opportunity, of any transactions there, and, if required, despatch an ex- press for the purpose.
" 9th. Shall endeavour, as far as possible, to obtain infor- mation of transactions of the English in Maryland and Vir- ginia, and make them known to us.
" 10th. The commander is authorized, under my approba- tion, to distribute lands among the inhabitants on South River, to promote agriculture, after having measured them by a sworn surveyor, and requested a deed and confirmation."1
A general act of confiscation was passed by the Dutch, on Sept. 20. recovering possession, of all the houses, lands, goods and Act of con- effects, without exception, in this country, belonging to the fiscation · passed. kings of England and France, and their subjects, and also of those of the Duke of York, his late governor and auditor- general, and all other military officers in this country, on behalf of the high and mighty lords, &c. of New Netherland, with the only exception of the neighbouring colonies of New England, Virginia, and Maryland, who, for sufficient reasons, remain as yet excluded from this general confiscation ; com- manding, yet once more, each of our good inhabitants, that they, in conformity to the placard, shall discover and faith- fully communicate what may be known to them upon the amende mentioned; each one is once more warned at his peril.2
Commander Alricks, on South River, is ordered by letter, November ? in case Captain John Carr did not, as he requested, submit Captain himself and reside within the government, to take possession Carr's pro- perty to be of his estate, in virtue of the decreed confiscation, and trans- confiscated. mit by first opportunity an inventory.3
Hermanus Wilbank, Sander Molestyn, Dr. John Rootes, Nov. 28. and William Claessen, are approved by the governor out of Magistrates the nominations by the inhabitants of Whorekill, as magis- of Whore- kill.
trates for one year.
Two millstones lying useless at Whorekill, formerly be- Millstones. longing to the city's colony, are wanted at New Amstel. The magistrates ordered to send them to Alricks.4
1 Albany Records, vol. xxiii. pp. 11, 12. 2 Ibid. p. 337.
3 Ibid. p. 96. 52
4 Ibid. pp. 96, 301.
2 M
410
DEPUTY, PETER ALRICKS.
1674.
January 24.
Several Englishmen from Maryland drove the subjects of this government, in a barbarous and cruel manner, from their dwellings, and ruined them, by burning their houses, thereby no doubt bereaving them of means of subsistence. Governor Colve publishes that he will provide for all such exiles, Dutch or English, who go to him with certificates of the fact from Alricks. The inhabitants at Whorekill, on appearance of any enemy, are to obey orders of the commander, or be prosecuted as perjured.1
Marylanders burn houses and drive off inhabitants, to whom Colve offers provision.
February 19.
Treaty of Westminster restores the Dutch con- quest to the English.
The treaty of peace was signed at Westminster, between England and the States-General, the 6th article of which says, " That whatsoever countries, islands, towns, ports, cas- tles, or forts, have or shall be taken on both sides, since the time the late unhappy war broke out, either in Europe or elsewhere, shall be restored to the former lord or proprietor, in the same condition they shall be in when the peace itself shall be proclaimed." Under this treaty the English again acquire possession of New York and the Delaware, the Dutch having held them but for a short time.2 (February 9.)
Fenwick and his cestui que trust, Edward Byllinge, (the February 20. latter having become unfortunate,) conveyed, for the benefit Fenwick con- veys to Wil- liam Penn, &c. as trus- tees. of his creditors, to William Penn, Gawn Lawrie, and Nicholas Lucas, nine undivided tenth parts of the province, the re- maining tenth part continuing in the hands of Fenwick. This remainder was soon after leased for one thousand years, to Eldridge and Warner, from whom Fenwick, before leaving England, had procured money, who were allowed to dispose of as much land as would reimburse them, thus placing the control of the whole in the hands of the lessees, subject to a contingent claim remaining with Fenwick.3 Thus William Penn became one of the chief instruments in settling West New Jersey.4 (February 10.)
Rev. Mr. Fabricius appears to be again in trouble. The following proceedings in court appear in the case :
" Attorney-general, plaintiff, against J. Fabricius, before a Lutheran minister, defendant-The plaintiff, ratione officii, said, the defendant, last Monday a fortnight, married a cer- tain R. Doxe, now a prisoner, to one Mary Ann Harris,
Proceeding in court against Fab- ricius.
1 Albany Records, vol. xxii. p. 137.
2 Smith's N. Y. vol. i. p. 41.
3 Mulford, p. 167. Mickle, p. 29.
4 Proud, vol. i. p. 137.
fo
P
411
1674.
DUTCH GOVERNOR, ANTHONY COLVE.
without consent of the governor, or of magistrates, without inquiry if any legal objections were against it, which is a case against all good laws, to the prejudice of your inhabitants, and in contempt of the good laws of this country, who there- fore ought to be punished as he deserved; therefore plaintiff concludes that the defendant shall be brought to the place where public justice is administered, there to be severely flogged, and banished for ever out of the province."
Another suit against Fab- ricius for an assault upon a woman.
" Attorney-general, plaintiff, against J. Fabricius, defend- ant-Plaintiff, nomine officie, says the defendant on 23d last, P. M., came to the house of Mary Jurianen, made an assault on her in her own house, and committing violence in taking her goods away, as is evident by the affidavits annexed, be- sides complaint of many aforesaid, which certainly in any place of good police ought not to be tolerated, but punished, for an example for others. Asks that he shall be punished with arbitrary correction, for the violence, and for striking, five beavers, cum expensis."
R. Doxe is also sued for coming to Fabricius with counter- feited certificate of T. Wendall, &c.1
Jacobus Fabricius, minister, (severely indisposed,) peti- Petition of J. tions Governor Colve, and "shows, with all humility and Fabricius for absolution. submission, the great mistake which I (he) committed in mar- His reasons. rying a couple on the 6th of February last, and prays his honour to absolve me (him) this time in your discretion, con- sidering I was ignorant of the present customs, nor of the fraud of the witnesses, besides the conduct of Thomas Wen- dall, and her importunate entreaties, which I more than once declined; and lastly, that in my enfeebling sickness, I had not my mind sufficiently at command. I shall not only ac- knowledge this mercy with thankfulness and praise, as good before men, but be more on my guard in future, on similar occurrences, as it would cause my ruin, which your honour might possibly effect, but your honour would not be benefited by it, and mercy ought always obtain a place before justice, more so yet, as it is the first time. I expect then, a consoling absolution, by which they would console my poor distressed, sick soul. M. J. FABRICIUS."2
" The defendant, Jacobus Fabricius, remaining in default, March 5. is required to appear at next session of court."3
1 Albany Records, vol. xxiii. pp. 448, 449.
3 Ibid. p. 161.
2 Ibid. p. 446.
3
on
e
412
CHARLES II .- JAMES, DUKE OF YORK.
The governor and council, hearing the submission and con fession of J. Fabricius, and "informed too of his previou bad conduct, nevertheless, from respect of his old age, and March 21. Fabricius is suspended for one year, the office in which he for some time acted, unwilling to pro ceed against him with severity and rigour, condemn and de clare him unable, during a whole year, to act as a gospe .. and fined for minister, or in any way whatever dependent on that office. striking a woman. Then he shall be obliged to solicit a special consent, before he can be admitted again to the ministry."
Doxe's mar- riage de- clared ille- gal.
Doxe's (whom he married) marriage was declared illegal, because Fabricius was not duly qualified, and three proclama- tions had not been made : the charge of bigamy not substan- tiated, therefore he is permitted to have his marriage confirmed, according to laws of the government.
In the case of violence in striking Mary Jansen, J. Fabri- cius confesses it, but says she « provoked him to it by scold- ing." He is fined two beavers, cum expensis.1
April 18.
J. Fabricius prays that his sentence may be so far mitigated, that if he is not permitted to preach, at least he might be to baptize. " The suppliant's petition is excused."(?) The in- dex, in referring to this, says, " he is permitted to baptize."2
J. Fabricius asks to be permitted to baptize.
July 9.
New letters- patent to the Duke of York.
Some doubts arose whether the changes in government from English to Dutch, and back again to the English, had not impaired the Duke of York's title, and grants made by him under it. To prevent any difficulty which might occur with regard to this question, letters-patent were issued by his majesty to the duke, in nearly the same words with the former grant, conveying again to him the same portion of territory.3 (June 29.)
July 11.
Two days after receiving the patent, the duke commissioned Sir EDMUND ANDROSS governor over the whole country, from the west side of Connecticut River to the east side of Dela- ware, embracing what of New Jersey had been previously granted to Berkley and Carteret.4
August 8.
The duke executes a new conveyance to Sir George Car- teret, in severalty, for only the eastern part of New Jersey, Lord Berkley having previously, (March 18, 1673,) disposed of his own undivided portion of the province.
October 31.
About this time Major, afterwards Sir Edmund Andross, arrived as the governor under the Duke of York, and soon
1 Albany Records, vol. xxiii. p. 169. 2 Ibid.
3 Mulford, p. 159.
4 Ibid. p. 161.
the Del prof ONT ever A he der un tra kir do wh ( and Ca rec
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1674.
after heret He
DEPUTY GOVERNOR EDMUND ANDROSS.
413
1674.
-
iomafter issued a proclamation, confirming all grants for land an peretofore made, as well as judicial proceedings, to his arrival. He established former laws, together with the manner and d time of holding courts, &c.1
spe (Saturday.) The Fort Amsterdam, New York, was this Nov. 10. day surrendered to Governor Andross, and Matthias Nicholls Fort de- or sworn in as one of the council. All magistrates in place at livered to Andross. the time of the Dutch coming here, to be re-established for Magistrates Delaware River, except Peter Alricks, the bailiff, he having re-esta- proffered himself to the Dutch at their first coming, of his cept Alricks. blished, ex- na own motion, and acted very violently as their chief officer ever since.2 (October 31.)
Andross informs, by letter, the governor of Maryland, that Nov. 13. he has received from the Dutch, New York and its depen- Andross dencies, in behalf of his majesty, to continue as formerly under his royal highness ; that he has given orders to magis- Maryland. trates and officers at Delaware, "to prevent or redress any kind of injury to the neighbouring colonies, and will not doubt the like on the governor of Maryland's part."3
writes to go- vernor of
Andross reappoints all commissaries who were in office Nov. 14. when the Dutch took possession in July, 1673.4
Captain Cantwell, formerly sheriff of Delaware, to be sheriff, and William Tom secretary or clark for the town of New Castle. Captain Cantwell and J. De Haas are authorized to receive quit-rents and all other duties, whether customs or excise, as formerly was established before the coming of the Dutch, and for customs as they now are, since established by his royal highness, and to return a true account of the state of all matters relating to the revenue, by first opportunity.
Governor Andross commissions Captain Cantwell and Wil- liam Tom to take possession of the fort at New Castle ; also points offi- the cannons and all other stores of war there, or in any other part of the river, for his majesty's use, pursuant to articles of peace with the Dutch ; "and you are, upon occasion, to send to any other part of the country for the repossession and settling any of his majesty's subjects in their just rights, and particularly at the Whorekills ; likewise to comport your-
Andross ap-
cers at Dela- ware to re- ceive fort, &c.
1 Smith's N. J. pp. 77, 78. Proud, vol. i. p. 136.
2 Albany Records; Minutes of Council, vol. iii. p. 1.
3 N. Y. Records; in Breviat, p. 42.
4 Albany Records; Minutes of Council, vol. iii. p. 1, 66. Sce Reg. Penns. vol. iv. p. 56.
2 M 2
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COM.
414
CHARLES II .- JAMES, DUKE OF YORK.
1674.
selves with neighbouring colonies in a friendly and amicable manner."1
Magistrates of Dela- ware.
The names of the justices for New Castle are Hans Block, John Moll, Fop Outhout, Joseph Chew, Dirck Alberts. For the river, Peter Cock, Peter Rambo, Israel Helme, Laers Andriesson, Wolle Swain.2
Nov. 21. Nov. 22.
missions to Capt. Carr.
Captain Cantwell is authorized to administer the oath of office to the commissaries and others at New Castle and Whorekill. He is also to inquire for the king's colours, which Various com- were in the custody of Captain John Carr, late deputy go- vernor, before the Dutch came, in 1673, who having gone out of the government, is supposed to have taken them with him, or left them with some private person. If found, to use them in the fort, and for the company in New Castle of which he is captain.
Nov. 19.
Proclama- tion of Gov. Andross, on assuming the govern- ment, con- firming all grants and judicial pro- ceedings be- fore the Dutch took possession.
" Whereas it hath pleased his majesty and royal highness to send me with authority to receive this place and govern- ment from the Dutch, and to continue in the command thereof under his royal highness, who hath not only taken care for our future safety and defence, but also given me his command for securing the rights and property of the inhabitants, and that I should endeavour, by all fitting means, the good and welfare of this province, and dependencies under his govern- ment, that I may not be wanting in any thing that may con- duce thereunto, and for the saving of the trouble and charge of any coming hither for the satisfying themselves in such doubts as might arise concerning their rights and property, upon this change of government, and wholly to settle the minds of all in general, I have thought fit to publish and declare, that all former grants, privileges, or concessions heretofore granted, and all estates legally possessed by any under his royal highness, before the late Dutch government, as also all legal and judicial proceedings during that govern- ment, to my arrival in these parts, are hereby confirmed, and the possessors, by virtue thereof, to remain in quiet possession of their rights." It is also "declared, that the known book of laws formerly established, and now in force, under his royal highness's government, is now again confirmed by his royal highness, which are to be observed and practised, to-
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