USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 44
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1 Albany Records; Minutes of Council, vol. iii. pp. 1, 66. See Reg. Penns. vol. iv. p. 56.
2 Ibid.
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Andross issues the following proclamation :
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415
DEPUTY GOVERNOR EDMUND ANDROSS.
gether with the manner and time of holding court therein mentioned, as heretofore, and all magistrates and civil officers belonging thereunto to be chosen and established accord- ingly."1 (November 9.)
1674.
1675.
E. Andross, in a letter to Cantwell, acknowledges receipt January 19. of his (Cantwell's) letters of 30th November and 9th Decem- Letter from ber, informing " of his having taken possession of the fort, Andross to Cantwell. and of the magistrates being settled at New Castle, as also Fort; lands up the river and at the Whorekill." Andross "is glad to hear that people are generally so well satisfied with the Murder of to settlers. Militia. Dr. Rhodes by Indians. change, and of the likelihood of new comers to settle in these parts ;" thanks him for his care in executing his orders, and allows of his "entertaining a man for the fort, and taking up a barrel of powder and shot," as he mentions, and pro- mises all encouragement and protection, in order to which, he expects to visit them in the spring. "In the mean time, you may give such new comers as desire to continue there any reasonable quantity of lands not disposed of or settled in time, according to their capacity and number of hands they shall bring for clearing, due regard to be had to the late war, and former undertakers to be preferred. The quantity of lands to be disposed of I must leave to your discretion, referring you to the custom of the place and neighbourhood, but suppose forty or fifty acres may be sufficient for a head of age to improve it, lest we run into former errors, of giving greater tracts of land than improved, to the hinderance of others." Empowers him to be surveyor for the whole river and bay till he comes. " As to your apprehension of some people's removing to the east side, I suppose none of any note will be hasty therein, the proprietors not being agreed, and though some have obtained, others have no grants yet from his royal highness, so that it is not like to come in our hands." Refers to execution upon Carr's estate, and to his proclamation confirming all legal proceedings, "as sufficient authority for all officers and magistrates." As to the militia, he thinks of making no alteration till he comes. "Your lieutenant, in your absence, having power to command, and the ensign being absent, the oldest sergeant may do that duty, or be made ensign on occasion ; and for the Whorekill,
1 Albany Records; A. P. S. MSS. in Reg. Penns. vol. iv. p. 57.
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416
CHARLES II .- JAMES, DUKE OF YORK.
1675. the number is as yet too little for a company, but if neces- sary, you may nominate a lieutenant, who may choose a ser- geant, and command there till further orders. You have done well in summoning the Indians, to demand justice upon the murderer of Dr. Rhodes, which I pray prosecute in the best means you can, that it may be effected (if possible) without wars; if not, let me hear from you very early in the spring, that I may take order in it, and supply you accordingly."1
Quit-rents remitted for three years.
Among other regulations then made for encouragement to settlers, he remitted the quit-rents for the first years on all new lands to be taken up and seated in Delaware precincts. (See 1678.)
Expecting to be at Delaware by April, Andross orders February 23. Cantwell " not to suffer Carr, or any from him, to dispose of Order re- specting Carr's estate. or make away with his estate, upon which, (if you judge necessary,) you may lay an attachment in his majesty's be- half." Requires him to make up his accounts of customs to 25th March.1
April 3. Early court at New Cas- tle.
It appears, from a reference on the New Castle Court Records, to " proceedings of a court held in New Castle, March 24, 1674," (1675,) that courts were established here as early, or perhaps prior to this date. The records are at pre- sent not among those at New Castle,3 where the earliest that we have seen are October, 1676. We have seen no evidence of courts in the time of Lovelace, though there must, no doubt, have been some legal proceedings. Courts were held " at a place now called Troy or Jones's Creek, near Dover, for Jones's, now Kent, and at Whorekill, now Lewistown, for county of Deal, now Sussex county."4
April 6. Murders. Distilling of corn prohi- bited.
Andross again writes to Cantwell, about an Indian found dead, and those who murdered Dr. Rhodes; also respecting an Indian killed by an inhabitant on the river, and orders the magistrates to inquire into it, and do justice immediately in it, although it should not be demanded by the Indians. The governor hopes Cantwell has prohibited all manner of dis- tilling corn, as well as its transportation; if not, directs it immediately.5
April 18.
Two Christians were murdered by the Indians on Millstone.
1 N. Y. MSS. A. P. S. in Reg. Penns. vol. i. p. 93. New Castle Records, lib. A. p. 320. 2 MSS. A. P. S. Reg. Penns. vol. i. p. 93.
3 New Castle Records, lib. A. p. 59. 4 Del. Register, vol. i. p. 177.
5 N. Y. Records, in Breviat, p. 43.
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DEPUTY GOVERNOR EDMUND ANDROSS.
Andross directs Governor Carteret to inquire, by express, 1675. into the murder, and to give orders for thirty horses for his journey to Delaware, to be ready by 29th, or at furthest by to be made for gover- nor's visit to Delaware. the last of the month. He will come by way of the Falls, Preparations where Cantwell may meet him on the 4th of May, or proceed to Millstone. "In the mean time, look well to yourselves, and give no offence or suspicion to the Indians." He speaks of James Sandyland, and says, "he ought to be tried by court, and detain, punish, or release him. As to his being out on bail, if he be not criminal, it cannot be denied him." The charge against him is not mentioned.1
Cantwell sent an express to the governor, expressing his May 10. fears of the Indians, which Andross says are unfounded. Fears of In- Expects to set out on his journey on the 3d of May, and be at the Falls next day. Thanks him for his care for the pre- servation of the inhabitants, and promises to supply all things necessary.
dians. Go- vernor about to start on his journey.
Arrived at Salem the ship "Joseph and Mary," Captain May 13. Matthew Payne, bringing passengers, among whom were Arrival of Hypolitus Lefevre, John Pledger, Richard Johnson, &c. This
from Eng-
first ship is believed to be the first vessel which arrived in West Jersey, land. though Smith, in his "New Jersey," says the first arrived next month.2
It is probable there were at this time but three churches in May 23 & 24. the present Delaware and Pennsylvania.
At a special court held by governor, at New Castle, or- Orders of dered, " That the church or place of meeting for divine wor- court about churches. ship in this town, and the affairs thereunto belonging, be New Castle. regulated by the court here, in as orderly and decent a man- ner as may be.3 That the place for meeting at Crainchoeck+ do continue as heretofore. That the church at Tinnicum Tinnicum and Upland, Island do continue as heretofore; that it serve for Upland &c. and parts adjacent.
" And whereas there is no church or place of meeting higher up the river than said island, for the greater ease and convenience of the inhabitants there, it is ordered, that the magistrates of Upland do cause a church or place of meeting for that purpose, to be built at Wickegkoo, the which to be
No church higher np. A church to be built at Wickegkoo.
1 Albany Records ; Minutes of Council, vol. iii. p. 35. 2 MSS. at Salem.
3 Penn speaks of this as a Dutch church .- Foote.
4 Tranhook, on the low lands opposite the old stone church, which was built at Wilmington about 1680 .- Foote. 53
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418
CHARLES II .- JAMES, DUKE OF YORK.
1675. for the inhabitants of Passyunk, and so upwards, the said court being empowered to raise a tax for its building, and to agree upon a competent maintenance for their minister, of all which they are to give an account to the next general court, and they to the governor, for his approbation.
" Signed,
E. ANDROSS."
Roads from town to town to be laid out.
" Some convenient way to be made passable between town and town on this river ; the manner of doing it to be ordered by the respective courts, and likewise the charges.
Ferry to be kept at the Falls.
" That a ferry-boat be maintained and kept at the Falls, at the west side of this river ; a horse and man to pay two guilders, a man without horse ten stivers.1
"Strong liquors not to be sold to the Indians less than two gallons, under penalty of five shillings sterling. No corn or grain to be distilled by the inhabitants of this place, river, or bay, penalty £5.
May 25. Corn-mills.
" Want of corn-mills and keeping in repair ; the justices advised to examine and have them repaired; others to be built ; tolls for grinding to be regulated ; all mills, public or private, to be encouraged."2
Wm, Tom.
Complaints are made against William Tom by the inhabit- ants, who say he molests them in the enjoyment of the meadow lands next their plantations, claiming them on patent from Colonel Nicholls. A compromise is ordered.
recorded, or taken out. Andross at New Castle.
Patents of lands to be recorded on the court books of the May 15. several jurisdictions ; those who have taken up and settled on Patents to be lands not yet surveyed and patented, to apply to surveyor- general, and have it done, and apply for patents. This order is given by Andross, at New Castle.3
A survey.
This year Richard Seays, (called See on the records,) sur- veyed the " Bennet Farm." The Seays were Huguenots.4
July 3. Disturbance at Delaware.
By letters received from Delaware, the governor and coun- cil are informed of a disturbance of the people there having taken place ; " ordered, that some person be sent there about it, and with him two files of soldiers, or some force."5
July 5.
Arrived the ship "Griffon," Captain Griffith, having on board John Fenwick, three daughters, and the husband and children of two of them, and ten servants ; also, the wife and
2 Ibid.
1 New Castle Records, p. 51, lib. A.
3 New Castle Records, in Breviat.
4 Foote's Address to Drawyers' Church, in 1842.
5 Albany Records; Council Minutes, vol. iii. p. 46.
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419
Arrival of ship Griffon with John Fenwick, &c. on board.
from the In- dians by
DEPUTY GOVERNOR EDMUND ANDROSS.
1675. child of John Pledger, who had arrived in the first vessel, and others. Smith mentions Edward Champness, Edward Wade, Samuel Wade, John Smith and wife, Samuel Nichols, Richard Guy, Richard Noble, Richard Hancock, John Mat- July 5. lack, and others, some of whom have been mentioned as in the first ship, which Smith says this was. No other vessel is mentioned as arriving for two years. They landed near where Salem now stands, and made there a settlement. Soon after Purchases his arrival, Fenwick purchased from the Indians their right and title to all the lands now known as Salem and Cumber- Fenwick. land counties. The first purchase was within Salem and Old Man's Creek, the second within Salem and Cohanzey, and the third from Cohanzey to Morris River. Fenwick considering himself as still possessing rights in the province, left London with a number of settlers, and proceeded to divide the lands, and make grants, and claimed authority as chief proprietor, in which he was soon opposed by Andross.1 (June 25.)
The order of 23d of June is "respited," about the distur- August 3. bance at Delaware, and an order passed that a special warrant A warrant be sent thither for Jacob Fabricius and John Ogle, as ring- issued against J. Fabricius. leaders, to make their appearance here, (New York,) to answer the misdemeanours objected against them, touching the late disturbance.
Two special warrants issue, signed and sealed by Governor August 5. Andross, against Fabricius and Ogle, reciting that the gover- nor had received information from the magistrates on Dela- ware, that they were principal ringleaders in the tumultuous disturbance upon 4th June last, at the town of Delaware, and had disobeyed the order set forth by the magistrates, in a riotous manner ; commanding them therefore, in the king's name, forthwith to make their personal appearance before the governor, in New York, to answer what may be objected against them on that account, as they will answer the con- trary at their utmost peril.
Governor Andross confirms a patent granted by Lovelace August 5. on 26th February, 1671, to Robert Tallant, for 400 acres of land on south-east side of Apoquinimy Creek, " and reciting divers mesne assignments thereof, down to Bezaliel Osburne, in fec." Quit-rent reserved to duke of four bushels wheat. " This is the first grant of land which we have, made by
First grant of land by Andross.
1 Johnson, p. 14. Smith's N. J. p. 79. Mulford, p. 167.
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CHARLES II .- JAMES, DUKE OF YORK.
1675.
Andross : as it happens to be entered at full length, it shows the form of his grants."1
August 7.
Dispute about a mea- dow between Carr and New Castle.
A letter signed by M. Nicholls, to Cantwell, per governor's order, speaks of " Captain Carr's meadow and land near the town, now upon sale, and in dispute betwixt the town and particular persons." The court to make a return to the go- vernor, whether it was ever enclosed or improved, particularly since Carr had it; in the mean time, to remain as it was the last seven years of the English government, before the Dutch took the place, in July, 1673.
Two special warrants are sent for Fabricius and Ogle; the other persons charged as ringleaders are to appear before next court.2
Warrants against Fab- ricius and Ogle. Sept. 25.
Fabricius again sus- pended from his ministry.
Fabricius being directed, by special order, to make his ap- pearance before the governor at New York, to answer a com- plaint made against him by the high sheriff and court at New Castle ; (Ogle falling sick, appeared not ;) it is ordered, " that Fabricius, in respect of his being guilty, and his former irre- gular life, be suspended from exercising his functions as a minister, or preaching any more within this government, either in public or private."
Meadow to be pur- chased from Indians.
Captain Carr's meadow having never been enclosed nor purchased from the Indians, ordered, that it be purchased in the duke's name, meantime to remain a common.
Dykes.
Order of court for making dykes at New Castle confirmed, the out people to have like commonage of the meadow ad- joining the dykes they helped to make.
Ordered, that the block-house at New Castle be removed, and built on the back side of the town, about the middle of it, at or near the old block-house, wherein there may be a court-house and a prison.
Block-house, court-house, and prison at New Cas- tle.
October 3.
Purchase from In- dians near the Falls of Delaware.
A purchase is made, in the name of Edmund Andross, for the duke, from Mamarakickan, Auricktan, Sackoque- wano, and Nanneckos, "the true sachems and lawful Indian proprietors of all that tract of land on west side of Delaware, beginning at a creek next to the Cold Spring, somewhat above Mattinicum Island, about eight or nine miles below the Falls, and as far above said falls as the other is below them, or fur- ther that way, as may be agreed upon, to some remarkable place, for the more certain bounds ; as also all the islands in Delaware River, within the above limits, below and above the
1 N. Y. Records, in Breviat, p. 42., 2 Ibid.
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DEPUTY GOVERNOR EDMUND ANDROSS.
Falls, (except only one island, called Peter Alricks's Island,) together with all lands, soils, woods, &c., without any reser- vation of herbage or trees, or any thing growing or being thereon ; consideration, a certain sum of wampum, and other goods to them in hand paid." The deed is witnessed by twelve Christians, and with it is a schedule of the goods ;1 viz. 60 fathoms wampum, 6 duffile coats, 6 blankets, 6 coats of dingam, 6 shirts, one-half anker of powder, 6 guns, 6 shovels, 30 axes, 50 knives, 2 ankers of rum, 50 looking- glasses, 50 hoes, 20 pair stockings, 10 pair shoes, 100 tobacco pipes, 1 pound of paint, 100 awls, and 100 jew's-harps.2
In expectation of a quarrel with the Indians, Governor Nov. 10. Andross offers his friendly aid to the governor of Maryland.
Various grants of land are made by Andross, on George's Nov. & Dec. Creek ; near " Whorekill on Rehoboth Bay," showing that Grants of " Whorekill" is the name of a district ; " on Skillpades-kill, land. extending out of Christina Creek ;" to Morris Liston, on fork of Cedar Creek, 150 acres; Apoquinimy and others, in par- cels of 150 to 1280 acres ; quit-rent, one bushel of wheat per 100 acres.3
The council at New York taking into consideration a letter Dec. 15. from Captain Cantwell, " concerning the arrival of Mr. Fen- Fenwick's wick and others at Delaware, with their pretences, resolved, that Mr. Fenwick having no order, (which, if he had, ought to have been brought first and recorded here,) is not to be received as owner or proprietor of any land whatever in De- laware, but to be used civilly, paying all duties as others his majesty's subjects in those parts; and if he, or any of the persons that come with him desire land to the westward, that there be assigned them fitting proportions as to others, and due return made of the surveys."4
" As to any privilege or freedom of customs, or trading on the No privileges eastern shore, none to be allowed in any case, to the smallest or freedom of duty ou east side. vessel, boat, or person."
" The magistrates and chief officers are to be very careful Magistrates that there be no abuse committed on the eastern shore, under any pretence whatever, contrary to the above."
" As to the customs, New Castle to pay but as New York, Customs at 2 per cent., &c., but above the town, or any other place in New Castle to be as at the bay or river, except Whorekill, to pay the addition of New York.
421
1675.
pretensions. Has no right to land. Must pay duties.
to be careful of abuses.
1 N. Y. Records, in Breviat, p. 42. 2 Gordon, p. 37.
3 N. Y. Records, in Breviat.
4 New Castle Records, p. 41.
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422
CHARLES II .- JAMES, DUKE OF YORK.
1675. 3 per cent., as per regulations. By order of governor and council.
MATTHIAS NICHOLLS, jun."1
Dec. 20.
War be- tween Mary- land and In- dians.
The governor of Maryland was engaged in war with the Susquehanna Indians. Governor Andross writes him on the subject. Cantwell is directed by Andross to comply strictly to his directions, in case of Fenwick and the customs as at New York.2
Andross's directions.'
The Indians are wavering. Andross directs, " be just to them;" he will send supplies; recommends moving the block- house to the middle of New Castle, as he showed him when there, so as to command both ends."3
Origin of Friends' meetings at Salem.
Soon after Fenwick arrived, when he and several others of the denomination of Friends had settled themselves and families at Salem, they resolved to associate together, and organize a meeting, to be held in the town twice in every week, for divine worship, and once in each month for church discipline. Among these associators were John Fenwick, Robert Zane, Samuel Nicholson, Edward Wade, Samuel Hedge, John Thompson, John Smith, and Richard Guy. During the first five years, they held their religious meetings in private houses ; in 1680, they purchased a house and fitted it up for their better accommodation; in 1700, they erected a brick house."4
William Ed- mundson visits the Delaware.
This year, William Edmundson, a public Friend, visited New Castle and Upland, where they attended meeting at Robert Wade's house, being first day of the week, and where meetings were regularly established, Wade and others hav- ing arrived this year.5 After meeting, they went in a boat to Salem, where they met with Fenwick and other families of Friends who had just arrived from England; next day they went to New Castle, where they met their horses ; they there found it difficult to be entertained, the inhabitants being chiefly Dutch and Finns, and addicted to drunkenness, who refused them, though they had money. They applied to the chief magistrate, Cantwell, to complain that they could not procure lodgings even for money, who commanded the keeper of an ordinary to receive them, and himself promised him any thing he needed. William Edmundson next morning proceeded with R. Wade and another friend, on their journey to Maryland.6
1 New Castle Records.
2 N. Y. Records, in Breviat, p. 43.
3 Ibid.
4 Johnson, p. 98.
5 Proud, vol. i. p. 218. 6 Smith's Penns. in Reg. Penns. vol. vi. p. 183.
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DEPUTY GOVERNOR EDMUND ANDROSS.
In this same year originated also the Baptist church at 1675. - Cape May, " from a vessel which put in there from England, with emigrants, some of whom settled at the cape. Among these were two Baptists, named George Taylor and Philip Origin of Hill. Taylor kept a meeting in his house, and with his ex- Baptist church at hortations, reading the Bible, expounding, &c., enlightened Cape May. some in believers' baptism. Taylor died in 1702, and Hill continued the meeting till 1704, when he died. Neither of them were ministers."1
Governor Andross, by commission, authorizes Caspar Har- Dec. 24. man to bring in from the woods adjacent to Apoquinimy and Landwerdin, all wild and unmarked cattle, hogs, and horses, not having a known owner, to the chief officer, and paying one-third of the value to use of his royal highness, the other two-thirds for his pains and trouble.2
Governor grants to Peter Bayard a parcel of land called Dec. 25. Bombay's Hook, on west side of Delaware, on mouth of Duck Creek, containing 600 acres ; quit-rent to duke, six bushels of wheat.3
1676.
A renewed execution recites that Jeuffro Armigart Printz, January 22. of Upland, obtained a judgment at the assizes in New York, Judgment in 1672, against Andrew Carr and Priscilla his wife, for a renewed in favour of Mrs. Pappe- gay against Carr. sum for which a special warrant of execution was granted, but the same was not fully effected ; at her request that the former execution may be renewed, the governor requires Sheriff Cantwell to proceed according to said judgment in what remains unexecuted.
There are various grants of land by Andross, about this January 25. time, in New Castle, and on the river below it; one to John Grants of Edmundson, of land formerly granted by Governor Nicholls, land. August 1, 1668, to Thomas Woolaston and others, in White Clay kill, near Christina kill, 800 acres of woodland, besides valley, which now, by " mesne assignment," came to Edmund- son, and is granted in fee by Andross; quit-rent, eight bushels wheat.4
At a meeting held by the commander and justices at Up- March 23. land, upon the news of the Seneca Indians coming down to Number of Indians at fetch the Susquehanna, &c., it was concluded, upon the motion Shackamax-
1 Morgan Edwards's History of Baptists, vol. ii. p. 38. Johnson, pp. 84.
2 New York Records, in Breviat.
3 New Castle Records, at length, Breviat. 4 N. Y. Records, in Breviat.
on.
424
CHARLES II .- JAMES, DUKE OF YORK.
1676. of Rinowehan, the Indian sachamore, for the most quiet of the river, that Captain Collier and Israel Helm go up to Shackamaxon, (where at present a great number of Seneca and other Indians are,) and that they endeavour to persuade the Senecas, the Susquehannas, and these river Indians, to send each a sachamore or deputy to his honour the governor, at New York, and that Justice Israel Helm go with them to hear and receive his said honour's resolutions, and answer to their demands."1
April 4. Grant of site of Nor- thern Liber- ties.
Andross grants to Jurian Hartsfelder, 350 acres, on the south-west side of "Cohocktinks' Creek;" quit-rent, 3} bushels wheat. This was, after about ten years, sold to Daniel Pegg, and is the ground on which now stands the Northern Liberties.2 (March 23.)
June 4.
A judgment and execu- tion sus- pended by Andross.
An injunction is granted by Andross, in New York, upon a petition in equity to him, to stay execution on a judgment obtained at law, in the court of New Castle, by William Tom against Hendrick Jansen; on Jansen's giving security to make good his complaint, execution to be suspended, and all proceedings, writings, and proofs to be transmitted to New York for a final determination in equity.3
July 11. New Jersey divided into East and West.
By " an indenture quintipartite," so called from the per- sons engaged in it, viz. Sir George Carteret, on the one part, and William Penn, Gawen Lawrie, Nicholas Lucas, and Ed- ward Byllinge, on the other, a division of the territory dif- ferent from that made by second grant of Duke of York took place, dividing the province into East and West Jersey. After this division, Byllinge and his trustees reconveyed the share that had belonged to Fenwick, giving it to Eldridge and Warner in fee, and they were thus admitted as pro- prietors. Fenwick complained of his lessees, and directly accused William Penn and his associates of having concerted a plan to deprive him of his property and rights.4 (July 1.)
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