USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 46
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" JOHN COLLIER, FOPPE OUTHOUT, " JOHN MOLL, JEAN PAUL JAQUET."1
" WILLIAM TOM,
The result of this was that Fenwick yielded, and was taken prisoner to New York.
1 New Castle Records, p. 35.
435
DEPUTY GOVERNOR EDMUND ANDROSS.
1677.
A suit is commenced at New Castle against a person for January. pulling down a house and destroying it, on the east side of Decision the river. The court decides " that the defendant engage, about pull- ing down a in one month, to build on the same ground a better house, house on with windows and doors in the same, and pay costs of suit."1 east side of
A highway to be cleared between New Castle and Apo- Roads. quinimy.2
Thomas Molestyn sworn in under-sheriff, marshal, and crier Under- of the court. sheriff.
" Resolved, by the commander and court, that a prison, February 18. with a dungeon under it, be built in the fort, with all expedi- A prison tion. Also a weigh-house to be built with the like expedition, and dun- geon to be in some convenient place near the water side ; the manner built at New of building the same is left to the contrivance and ordering Castle. Also, a weigh- house. of Captain John Collier and Mr. Moll."3
The court at New Castle ask for further powers ; they say Court ask that some of the watchers will fall within, and some without the mile ; those within will complain if those just outside do not watch ; Swanewick is within the mile. " As to the levy of 1d. in the £, the people live so far distant, and their estates, for the most part, so inconsiderable, that we can find no con- venient way to discover the value of their estates, and if discovered, to bring it in a valuable manner to receive." They propose to the governor to allow of a levy to be laid by the poll, as those of Virginia and Maryland. Ask that wills na Indians. may be proved before court or commander, and they grant letters of administration, with the fees, as estates are gene- rally too small to bear expense of going to New York; liberty to nominate vendue master, or authorize court. Also that the valley above the town, lately belonging to John Carr, &c., by his honour given to the town for a common, may be a stinted common, to be shut up the 1st of May, and opened again the last of July, and that every individual burgher have his equal share therein, and their parts being laid out, the surveyor then to draw lots for their share, and no man put in more than another ; likewise that all persons who shall be concerned in said common, be obliged to maintain the dyke and fence, with the sluice, and keep them in repair; and if any one refuse, then to lose their said commonage." That
1 New Castle Records, p. 10.
2 Ibid. p. 46. 3 lbid. p. 70.
various pow- ers. Watchers. Levy, 1d. per £. Poll-tax. Common. Persons not to go to east side without tickets. Penalty. Susquehan-
river.
436
CHARLES II .- JAMES, DUKE OF YORK.
1677. an order be set forth, forbidding transporting or lending a vessel to any strange persons, to go over to the east side of this river, without a ticket from a magistrate, as also servants, upon penalty that every such person so setting over or con- veying any person who shall be a fugitive and in debt, shall be liable to make good the debts, and if a servant, make good the time of his servitude to the master. "Your honour may be pleased to consider that if such order be not made, (when the alteration of the government cometh on the other side,) we shall not be able to keep any servants on this side." Lastly, respecting justices' courts, (if only one,) to make up levies.1 " The Susquehannas have not been here, but passed up on the back side, and went up the river." This letter is signed by Ephraim Herman.2
Marks of cattle are now recorded.
A suit, in which Stephen Juriansen is plaintiff, and Major April 13 & 14. John Fenwick, defendant, for attachment upon defendant's effects for £6:
Suit against Fenwick for selling land, having no right to it.
" The plaintiff declares that he was deceived by the defend- ant, who sold him land without having any right to the same, for the sum of £12, whereupon the plaintiff hath paid him £6, as by the defendant's receipt appears, the plaintiff's bill remaining in the defendant's hands yet for the full £12, so that the plaintiff hath attached some part of the defendant's estate, desiring that the said attached goods might be put for sale, for the repayment of the plaintiff's £6, and likewise that the plaintiff might be, by order of court, cleared of his bill in the defendant's hands.
Fenwick in prison at New York.
" The court orders, that since Major Fenwick is as yet a prisoner in New York, action shall be suspended until next court. In the mean time, the bill to be allowed, and the plaintiff's attachment to be preferred, and in case the defend- ant do not make defence, either by himself or attorney, at the next court, then it will be taken into further considera- tion."3
Several other suits, of the same nature, against him, are suspended for the same reason ; and again, in June 6th, and September, on 26th of which month the plaintiffs declared they had agreed with defendant.
April 14.
" Emilius De Ringh . complains to the court, at New Cas- tle, that a number of persons, of whom he furnishes a list,
1 New Castle Records, p. 72. 2 Ibid. vol. A. p. 72. 3 Ibid. p. 77.
DEPUTY GOVERNOR EDMUND ANDROSS.
had promised to contribute to his maintenance as a reader in 1677. the Christ Church, (New Castle,) with an order of court, - May 10, 1675, and another of November 11, last past, and that, notwithstanding, he cannot receive his promised main- A reader of tenance; the court confirm the order to the sheriff to levy the money of the unwilling, by distress."1
The Upland court was held at Niels Laersen's house ; the expenses were 100 guilders.2
437
Christ Church sues for his main- tenance.
March 23.
Governor, in answer to their petition of 8th February, April 16. orders the court that none watch in the town or fort but such Governor as live in or near it, unless on alarm or extraordinary occa- grants fur- ther powers sions. Poll-tax to be laid, and fines granted for public to the court, charges. Courts to grant administration under £20 ; above, regarding administra- tion. Poll-tax. Watching. Runaways. to be recorded in New York; to recommend vendue-master; fees to be 6 per cent and a crier. The commons to be regu- lated by the town ; persons leaving the government to set up their names where they live, and also in New Castle and New York; in default, and persons assisting their departure, to be liable to the penalty, and any servants, prisoner, or criminal, running away, to be pursued by hue and cry as usual. Li- berty granted for sloops, &c. going up the river, as formerly, for this year's effects or debts. "Five guns, thirty hoes, and Balance due one anker of rum, the remainder of the pay for the lands at Indians on purchase of land, to be paid. New purchase ordered. the Falls, to be forthwith paid to the Indians ; the remaining part of the land betwixt the old and new purchase, as also the island called Peter Alricks, or so much as is not already purchased, (and the Indians will part with,) to be bought of them, for which Captain Israel Helm is to inquire for the owners, and if they will be reasonable, to bring them to the commander and court at New Castle, for agreeing, concluding, and confirming a bargain thereof."3
" At a special meeting of the commander and justices, held May 25. at New Castle, upon information of Colonel Coursey's coming with a considerable party of men, as an agent or ambassador going to New York." Mr. Dunston coming lately from Coursey. Maryland, being sent in court and examined, declared upon oath, " that last Friday, he, the deponent, was at the house of Colonel Coursey, in Maryland, and heard then there that Colonel Coursey was to set out the Monday following, and that there was a report that a great many gentlemen, and
1 New Castle Records, p. 85.
3 New Castle Records, p. 115, lib. A.
Alarm at New Castle about Col.
Soldiers or- dered out.
2 Upland Court Records.
202
438
CHARLES II .- JAMES, DUKE OF YORK.
1677.
their attendants, were to come with him hither, and that they were warned to be ready against Monday aforesaid; and further saith not."
" The commander and court having received, by several persons, intelligence of the said Colonel Coursey's coming here, and not knowing certainly upon what account, thought it therefore necessary to order that Captain Cantwell summon his company of the militia to appear, with their arms and ammunition, on the morrow, at 7 o'clock, at the fort in this town, there to be upon their guard, and receive such further orders as shall be found necessary."
" It being further, by the commander and court, considered, that in case Colonel Coursey sends in and gives notice afore- hand of his coming, and in what quality, he then be honour- ably received, and his charges borne, but if not, and that he comes in as a private person on surprisal, no notice to be taken, and he to quarter where he pleases."1
Court ap- points churchwar- dens.
" The court further considering that the late churchwarden, Martin Rosamond, being deceased, some fit persons ought to be appointed to supply and administer the said place of said churchwarden in this town of New Castle, have therefore thought fit to appoint Mr. Hendrick Williams and Mr. John Harman to be churchwardens, in the room of the deceased, for and during the space of one year next ensuing this date."2
May 29. Order re- specting pleading at- torneys. Swedes' church built.
The governor and council "resolved and declared, that pleading attorneys be no longer allowed to practise in the government but for the depending causes." This order was for the second time read in open court, at Upland.3
It is probable, that in compliance with the order of court in 1675, a church was erected this year at Wiccaco, and that the block-house built for defence against the Indians in 1669 was now fitted up for the purpose of worship. The first church is usually described as having "loopholes," and the early records show that the first church was erected this year.
Rev. J. Fab- ricius ac- cepts the charge of Wiccaco church, and preaches his first sermon.
The Rev. Jacob Fabricius accepted a call to the Swedish church at Wiccaco, and preached his first sermon on Trinity Sunday ; he preached in the Dutch language. He continued with them fourteen years, nine of which he was entirely blind.4
2 Ibid.
1 New Castle Records, pp. 87, 88, lib. A.'
3 Upland Court Records, and New Castle Records, p. 133, lib. A.
4 Clay, p. 38.
DEPUTY GOVERNOR EDMUND ANDROSS.
This is probably the same gentleman whose name has already frequently before appeared ; of course the order of suspension must have been withdrawn; his future conduct appears to have been very satisfactory.
John Mathews admitted as an attorney, and takes oath June 16. "not to exact unallowed fees, not to take fees from both Attorney's plaintiff and defendant, and that he will not take any appa- oath. rent unjust case in hand, but behave as all attorneys ought to do."1
The court " appointed Cornelis Post viewer and packer of June 17. tobacco in this town and precincts thereof; he was sworn Inspector of accordingly ; salary, in case he packs tobacco with the help tobacco ap- of another to hand him, 3 guilders, and without help, 4 Fees. pointed. guilders per hogshead, and for receiving, 1 guilder, if good, and if refused, 10 stivers per hogshead."2
In reply to the governor's answer of 6th April, which was June 18. now read, the court say, as to the watch, none live in the The court town but at Swanewick, and if they are exempted, most of the town will flee thither ; they therefore ask for a small number of soldiers to watch the fort, who may be serviceable at all times to the commander and court, as formerly allowed, " for we humbly conceive there is no keeping a fort without soldiers." A levy by poll cannot be laid without a general meeting or high court of all the justices once a year ; there- fore they ask one for September. They appoint John Moll treasurer, and ask to have his fees fixed. "Don't forget the law book; there is great occasion for it." They thank the governor for the fines, but it will be difficult to collect them, unless the governor sends soldiers to assist the sheriff. Ephraim Harman is nominated vendue-master ; his fees ought Vendue to be more than 6 per cent. They suppose vessels going up master. the river will always make the collection of debts a pretence.3
Marshal's fees for watching a prisoner, per day, 5 guilders, Fees, &c. until the prison be made up.
The crier of the court to receive for every attorney ad- New attor- mitted and sworn in court, 12 guilders, or have a beaver.
Meeting called at fort 16th instant, to answer proposition guilders. concerning the "fly and commonage."
Hogs to be ringed, as they damage the fly and commonage,
439
1677.
ter. Ask for soldiers to watch.
J. Moll, trea- surer.
neys to pay crier twelve
Several ro- gulations.
1 New Castle Records, p. 96.
2 Ibid. p. 105.
3 Ibid. p. 115.
answer go- vernor's let-
440
CHARLES II .- JAMES, DUKE OF YORK.
1677. under fine of 10 guilders ; sucking pigs to be coupled ; one- half to informer, and one-half to king.1
June 24.
Jurien Hartsfelder resigns as under-sheriff, " he removing his living higher up the river." Michael Yzard appointed under-sheriff.
Indians at Shackamax-
Lacey Cock presents an account of expenses of commander and justices ; as also for the Indians at Shackamazon, from March 14 to 18, 1676 ; 250 guilders allowed.2
on.
Ordered by Upland court, that all declarations must be Court orders. entered at least a day before the court, as then the clerk is Declarations. to attend Upland.
Attorneys.
No person to be admitted to plead for any other person as an attorney in court, without he first have his admittance of the court, or have a warrant of attorney for his so doing, from his client.3
Clerk's salary.
Court allow E. Harman, as clerk, for his last year's ser- vices, trouble, and expenses, 200 guilders.
Grants of land.
Several grants of land asked for on Schuylkill, Neshaminy, and Poaquessing.4
Case of as- sault and battery. Fine for- given.
A person is fined 210 guilders for assault and battery ; 60 to the clerk, and 150 to the sheriff ; to ask forgiveness of the justice and the court for his offence, which was done. The court and sheriff gave up their share, " considering him a poor man, with a great charge of children."
August 7.
The governor finding that Captain Collier, the commander, goes to and sits as judge in courts, orders him to forbear doing so ; to act according to his known authority.
Commander
not a judge.
In several cases, the jury brings in a verdict, and the courts gave a different judgment.
Court pro- ceedings.
August 23.
Captain Bil- lop, sub- collector of customs.
Captain Xerper (or Christopher) Billop is appointed sub- collector of customs on Delaware; his duty " is to see that nothing be in anyways imported or exported, but according to acts of parliament, or to make seizures, and due prosecution, and if condemned, one-third to the informer, one-third to himself, and one-third to the king. To report his proceedings to, and receive orders from the chief collector, or principal officers at New Castle, the only port for all entries and clearing."5
Clerk of permits.
Ephraim Harman is appointed clerk "of the permits, en-
1 New Castle Records, lib. A. pp. 118-129.
2 Upland Court Records. 3 Ibid. p. 27. 4 New York Records, p. 46.
5 New Castle Records. Reg. Penns. vol. iv. p. 57.
Under- sheriff.
DEPUTY GOVERNOR EDMUND ANDROSS.
441 1677
tries, and clearings for all duties of custom in Delaware River, for which Billop is sub-collector, salary, one-third of the king's or duke's one-third of forfeitures." He is also appointed collector of quit-rents in the jurisdiction of New Castle and Upland courts.
The governor issues an order requiring " all persons that Order of go- have or claim any lands in Delaware River or Bay, to make," vernor re- specting ap- without delay, or as soon as convenient, a due return to the plicants for clerk of the court in whose jurisdiction the land lies, of the patents for land. quantity and situation, according to surveys, &c .; court to return them to the governor, and " whether seated and im- proved," that those wanting patents may receive them. This order to be published in the courts, and they and the sur- veyor to see it observed.
Captain Christopher Billop is also appointed commander in August 24. Delaware Bay and River, with same directions about the C. Billop, militia as those to Captain Collier last year.1
commander.
By Captain Billop the governor writes to the justices, in- Letter to the forming them of his appointments, and that he is, among justices. other things, to " order guards and guard-places, as occasion may require, for the out-farms and plantations, and is sub- collector also." By Mr. Harman, the clerk, he sends the old Old records. records, the confusedness or ill order of which he can noways remedy, but that Mr. Tom, the then clerk, do forthwith put the same in order, and write, or cause them to be fairly copied in a fit book, and attested by him, and answer for any defects. Governor intends " making up your court again next month, the usual time, when you may expect one of our law books. As to the penal bonds, or such like cases of equity, it is the custom and practice of courts here to hear and judge thereof according to equity, which you may ob- serve is allowed by law. I find no need of a general or high Respecting their courts. Cases of court in the river, every court having power to make fitting rates for the highways, poor, or other necessaries, as is prae- equity. tised in England, and unless otherwise ordered by said court, the clerk proper to be receiver, and pay all by orders of court, for which you need no further authority or directions from the governor than former orders and rules for keeping due accounts, to be yearly examined and passed in court."
Authorizes them to appoint a vendue-master, he giving
1 New Castle Records. Reg. Penns. vol. iv. p. 57. Upland Court Records, p. 33.
56
442
CHARLES II .- JAMES, DUKE OF YORK.
1677.
good security, and not to take above 6 per cent. Take care and fitting orders for ordinaries, that there be fit persons, duly licensed and well provided, according to law, and that none else be admitted to retail.1
August 24.
Walter Wharton ap- pointed sur- veyor. His fees. In- structions.
Walter Wharton is appointed to be surveyor on Delaware: River and Bay; allowed "to receive, for surveying every 50 acres and under, 10s .; above 50 and under 100, 20s .; above 100 and under 150, 30s., and so proportionably, and no more, giving to the persons for whom they are surveyed a survey plat and card, and making due returns to the office of records ; said persons to find boat or horse, or allow it and other tra- velling fitting charges : all lands to be laid out from the water side, if it may be, or so as not to hinder any, or be prejudicial to adjacent lands, and to lay out fitting highways or conve- nient roads."2
Andross or- ders pur- chase of lands from the Indians, near the Falls.
The governor directs a letter to the " court" at Upland, in which he says, " these are to desire and authorize you to treat with the Indian proprietors for the purchase of a small tract of land which I am informed is not yet purchased, and is about half a Dutch or two English miles along the river side, betwixt the land and the late purchase up to the Falls, which done, I shall forthwith take care for settling those parts."3
Wood for use of mills.
Owners of mill " on creek in Christina kill to have liberty of cutting wood for repairs."4
Constable appointed. Census.
A constable, Walter Rowles, is appointed, whose bounds are from south side of St. George's Creek to Bombay Hook, including Apoquinimy, and is ordered to take an account of tydables.5
Governor will fill up court at usual time next month, and then send the law book. " As to penal bonds, or such like cases of equity, you may judge thereof according to equity ; no need of a high court." Fit persons to be appointed for ordinaries.
August 26.
Penn, and the other trustees of Byllinge, considering that the period had arrived to attempt a disposition of the lands in West Jersey, determined to appoint and send over com- missioners empowered to purchase lands of the Indians, and attend to other necessary matters. Proposals were also made for the immediate sale of the lands, which soon were accepted.
1 New Castle Records; Reg. Penns. vol. iv. p. 73. 2 Ibid.
Upland Court Records, p. 51.
4 New Castle Records, lib. A. pp. 129, 134. 5 Ibid.
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443
DEPUTY GOVERNOR EDMUND ANDROSS.
Among the purchasers were two companies of Quakers, one 1677. consisting of persons from London, the other from Yorkshire. The latter were principal creditors of Byllinge, and received lands for their debts. Two commissioners were chosen from Arrival of each of these companies, viz. Thos. Olive and Daniel Wills, from the London, and Joseph Helmsley and Robert Stacey, from the other company, and to these were added Richard Guy, then in America, John Kinsey, Benjamin Scott, John Pen- ford, and Thomas Foulke. All matters being prepared, they, with several of the proprietors, and their families and ser- vants, about 230 souls, embarked in the ship Kent, Captain Gregory Marlow, and soon after proceeded to sea. On the 16th of August they safely arrived at New Castle, and soon after landed at Raccoon Creek, at a place where a few Swedes had erected some dwellings, not sufficient to accommodate so many persons, without resort to " cow-stalls," &c. The com- missioners wishing to pay their respects to the governor at New York, landed elsewhere. Having no warrant from the duke, though they showed a conveyance from Berkley, and the governor claiming jurisdiction over the whole country, demurred to a surrender of it, though finally the commis- sioners agreed to the governor's proposal to take a warrant from him for the present, by which they were enabled to pro- ceed, having joined the body of settlers. Three purchases1 Indian were made, by the aid of Israel Helm, Peter Rambo, Lacey purchases, Cock, and another, as interpreters, from the Indians, reaching from the Assunpink, on the north, to Old Man's Creek, on the south. The Yorkshire purchasers selected their one-tenth from the Rancocas to the Falls of Delaware; the London company selected theirs in the vicinity of Arwamus, (Glou- cester,) and Timber Creek. Both companies, however, con- sidering it most beneficial to unite in the settlement of a town, selected for its location Chygoes Island ; to it they gave the name of New Beverly, afterwards changed it to Bridlington, Burlington and then to Burlington, which it still retains. The lots and laid out. streets were laid out by Richard Noble, a surveyor, who had previously arrived. The season being far advanced, winter approached before they were prepared for it, and they were compelled to live in wigwams. The Indians were friendly, and supplied them with corn and venison. John Kinsey, one
1 One on September 10; the second, September 27, and third, October 10. Smith's New Jersey, p. 95.
the ship Kent, with commission- ers and set- tlers.
·
0 e , y
444
CHARLES II .- JAMES, DUKE OF YORK.
1677. of the commissioners, died soon after arrival, and was buried at Burlington. One side of the main street leading from the river was appropriated to the Yorkshire company, and the other to the London.1
Sept. 21. Various grants of land in dif- ferent sec- tions of the country.
Numerous grants of land are made : to Jan Schoeten, on west side of Schuylkill, 100 acres; Richard Ducket, east side, up above, in ditto, 100 acres; John Mattson, Swinton, and son Dalbro, 300 at the place called Wiessakitkonk, on west side up in Schuylkill; [does not the Wissahicon take its name from this ?] Jan Claessen, Paerde Cooper, in Neshaminies Creek, 300 next to the land of James Sanderling, two miles up on east side ; Thomas Jacobse, Neshaminies, next to the above, 100 acres, and afterwards 200 acres ; Lacey Cock and James Sanderling, each 100 acres on Poequissing Creek ; Captain Hans Moens, on Penipake Creek, on the side of ditto, 300 acres, &c. ; Anthony Nealson and Mickell Yzard, each 100 in the Cromkill; Benjamin Goodsen, by lands of R. Ducket, on Schuylkill ; Laers Laersen and Hans Petersen, each above the mill on Amesland Creek, and the place called Moherlenling, 100 acres ; Ephraim Harman and Peter Ram- bo, 300 acres, between Pennepacker Creek and Poequissing Creek, promising to seat the same.2
Sept. 28. October 12.
Census of taxable inhabitants, from 16 to 60, taken north and south of Christina, &c.3
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