USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 47
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Carr's house and lot are sold for his debts; it was patented to him by Lovelace, in 1671.
October 15.
Arrival of ship Martha, from Hull, with set- tlers. Al- lowed to pass up the river.
The ship Martha,4 Thomas Wharcup, master, arrives from Hull. The captain asks permission to go up the river with his passengers, (114 in number,) and utensils, having no goods on board. Billop, sub-collector, asks advice of the court, " whether it was proper to let the ship pass above town." The court having received Captain Dyer's letters to Thomas Olive, and the rest of his fellow-commissioners, and also to Captain Billop, are of opinion that, for the settling of the river, the ship be permitted to go up, satisfying what just dues are required. It is further the advice of the court, that
1 Clarkson's Life of Penn, vol. i. p. 136. Mulford, pp. 181, 182. Smith's N. J., where see the names of many of the first settlers, and early letters from them, giving an account of their early difficulties.
2 Upland Court Records, pp. 31, 33. N. C. Records, p. 141. 3 Ibid. p. 153. 4 Smith, in his N. J., calls her the " fly-boat Martha, of Burlington, (York- shire.") She brought " 114 passengers, designed to settle the Yorkshire tenth." He furnishes many of their names, and says twenty or more of them were living forty-five years afterwards; p. 102.
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A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS.
whereas Dr. Daniel Wells declares that Captain Dyer, at New York, remitted the customs of 2 per cent. upon the utensils and other uncustomed goods, and the master declaring that he has no more on board than the value of £6 in merchan- dise, but that all the rest of his loading consists in necessaries for building and settling of plantations, and that his honour the governor hath been pleased to give us the same privilege as New York, we do conceive and believe that the averment of Dr. Wells and Captain Dyer's letters abovesaid, being to the same effect, is true, and that we ought to follow the for- mer precedent of the ship Kent, cleared at New York; this our advice not being intended to obstruct Captain Billop in acting as sub-collector. October 6, 1677.1
Messrs. Moll, P. Alricks, Tom, Outhout, Walter Wharton, October 16. Jacquet, and Otto, are appointed justices ; Commander Bil- Justices of lop to administer the oath.
New Castle.
Governor Andross writes to governor of Maryland that he is going to England this month, to return in the spring, and asks " continuance of his good neighbourhood."
Governor sends Captain Billop, by a sloop, a supply of October 23. musket-balls.
Governor Andross, intending to depart for London, leaves Nov. 17. directions to the magistrates of Upland and Whorekill how Governor to act; appeals to be taken to the court of assizes ; "extra- going to London. ordinaries" to Captain Nicolls, the secretary, to be communi- cated to council. He addresses the magistrates at New Castle and Whorekill; appoints Captain Brockholls to be com- mander of Fort James, New York, and dependencies, and recommends to all, great vigilance in the discharge of their duties.
Helmanus Wilbank, Henry Smith, Alexander Molestyn, Nov. 20. Edward Southeren, Paul Mush, John Barkstead, and Jacob Justices of Roads, to be magistrates at Whorekill for one year ; any four or more to be a court of judicature ; in case of the absence or sickness of the first, the next to preside. Gives them " full power to act according to law and former practices.""
Whorekill.
The ship Willing Mind, Newcomb, master, arrived from Ship Willing London, and dropped anchor at Elsinburg ; she brought 60 Mind ar- rives. or 70 passengers, some of whom settled at Salem, and some
1 New Castle Records, lib. A. p. 179.
? New Castle Records; Reg. Penns. vol. iv. p. 74. Upland Court Records, p. 46.
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CHARLES II .- JAMES, DUKE OF YORK.
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at Burlington. The names of some of them may be seen in Smith's New Jersey.1
Nov. 17.
Oaths ad- ministered.
Commander Billop, " being not yet come from on board the ship Willing Mind," who was commissioned by the gover- nor to administer the oath to the justices under their new commission, and consequently they could not hold the court, for which there was urgent occasion, Justices Moll and Alricks, who had before been sworn, administered the oath to the rest, viz. Outhout, Jacquet, and Otto.2
Nov. 19.
Levy to pay for wolves' heads.
Number of tydables. Prices of several arti- cles.
The number of wolves' heads brought in was 55, at 40 guilders, 2200 guilders, clerk and sheriff, 925, making 3125 guilders, to be paid by levy on the inhabitants, 12 guilders and 10 stivers each, either in wheat at 5 guilders, rye at 4 guilders, and barley at 4 guilders per scipple ; Indian corn at 3 per scipple, tobacco at 8 stivers per pound, pork at 8, and bacon at 16 stivers per pound, or else in seawant or skins at current prices. The number of tydables in New Castle juris- diction, 307, whose names are on the records.3
Nov. 20.
A great number of grants are made by Andross.
Nov. 23.
Petition of a number of persons for lands, for a settlement and town below the Falls.
Several persons unite in a petition to the court of Upland, for a considerable settlement and town "just below the Falls," on the west side of Delaware. Most of them were born in the country, and from the names are probably of Swedish origin : "Laurence Cock, Israel Helm, Moens Cock, Andreas Benckson, Ephraim Herman, Caspar Herman, Swen Loon, John Dalbo, Jaspar Fisk, Hans Moonsen, Frederick Roomey, Erick Mulk, Gunner Rambo, Thomas Harwood, Erick Cock, Peter Jockum, Peter Cock, jun., Jan Stille, Jonas Neelsen, Oole Swensen, James Sanderling, Mathias Mathias, J. Devos ? and William Oriam, petition court, showing that they, being all inhabitants, and for the most part born and brought up in this river and parts, have a great inclination, as well for the strength of the river and parts, as for the convenience of travellers and otherways, to settle together in a town at the west side of this river, just below the Falls, do therefore humbly request this worshipful court to move the case to the governor, that they the petitioners may have each of them, in lots laid out, one hundred acres of land, with a fit proportion of marsh, as also that a fit place for a town may be laid out in the most convenient place thereabout, with
2 New Castle Records, lib. A. p. 197.
1 Smith's N. J. p. 102.
3 Ibid.
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447 1677.
penses of go- vernment. Number of tydables.
A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS.
such privileges and liberties for their encouragement as shall be thought fit, and that the same may be confirmed unto them by his honour the governor, and the petitioners will forthwith seat accordingly, &c."1
The court answer " that they will send the petitioner's pe- tition to his honour the governor, and withal move and entreat the governor in their behalf." It does not appear from these records what was the result, or whether the plan was executed.
A levy for public expenses, of 26 guilders for each tydable, Nov. 23. was made by the court of Upland, payable either in wheat at Levy for ex- 5 guilders, rye and barley, 4 guilders per scipple, Indian corn at 3 guilders per scipple, tobacco at 8 stivers per pound, pork, 8, and bacon at 16 stivers per pound, or also in wam- pum or skins, at prices current. Captain Cantwell to collect the levy, and, on default, he was empowered to distrain, and to call two neighbours. The number of tydables in Upland jurisdiction at this time was 136.2
Various grants of land are recorded about this time.
On petition of Peter Rambo, desiring a grant of the court Grant to Pe- of Upland, to take up 250 acres of land between the land of ter Rambo. Wiccaco and the land of Juriaen Hartsfelder, the court grant the petition to take up so much land which is not granted, taken up, or improved before this date, he improving and seating the same, according to his honour the governor's re- gulations. This appears to be the land now occupied by Philadelphia. On the complaint of the Swensons, that their patent embraces the same ; the court afterwards decide in their favour.3 (Sce 1679.)
Laer Colman, Pell Laerson, and Peter Erickson, 300 acres Various near Falls of Schuylkill; Ncils Lacrson, granted by gover- land by the grants of nor to Justice Israel Helm, up the river, 200 acres; Jonas court. Neelson, in the place called " Moherhuting," above the mill, on the west side of the river, 200 acres; James Boon, cast side of a little creek which comes out of Amesland Creek, called Mohurnpati, 200; Jan Boolsen, 100 acres, above the mill, on Amesland Creek ; Justice Otto, Ernest Cock, Jan Hendrix, and Albert Hendrix, each 200 acres, between Caleb's Creek and the pyne tree ; Jacob Hendrix, above, on cast side of Cromkill, 100.4
Captain Jans Jurgin is ordered and desired by the court Court house.
1 Upland Court Records, pp. 45, 46.
3 Ibid. p. 36.
2 Ibid. 4 Ibid. p. 46.
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CHARLES II .- JAMES, DUKE OF YORK.
to warn his men belonging to his company, and with them to fit up and finish the house of defence at Upland fit for the court to sit in, against the next court."1
Grants of land.
Among a great number of grants of land at or about this time are found the following: to Laurentius Carolus, 350 acres near Cromkill; Charles Jansen, 1000 acres on Naa- man's Creek ; Richard Hill, 1000 acres on Mispillion Creek ; Peter Cock, 650 acres on Quessinawominck Creek ; to Lau- rence Cock and others, 1600 acres at Cohocksinks Creek ; Henry Smith, 3000 acres, called Prime Hook, near Slaugh- ter's Creek, by Prime Creek; quit-rent, one bushel for 100 acres.2
Several persons this year settle in the present Bucks county.
Several other vessels arrive this year with passengers ; the ship Mary, Captain Wall, and the ship Success, Captain Ni- cholson.
1678.
January 11.
Town fort to be repaired.
The commander has orders to repair the fort or redoubt belonging to New Castle; says it ought to be done by the inhabitants, and not out of king's revenue, which the court agree to pay out of any surplus.3
January 12. Wolf-pits are to be made "to destroy the vermin, which Wolf-pits. are become so numerous."
Death of
Wm. Tom.
The death of William Tom is mentioned ; papers in con- fusion.
January 19.
Order in cases of bas- tardy.
A woman coming from Maryland to be confined with an illegitimate child, is ordered to depart ; "and to the end for the future, no such persons may be here harboured, and that this place may not serve and be counted a shelter for whores, the inhabitants are forbid to harbour or entertain any woman enceinte coming from any place without this jurisdiction, without giving notice."4
March 17.
John Yeo, an Episcopal minister, ar- rives from Maryland. Licensed by court.
" John Yeo, minister, being lately come out of Maryland," this day appeared in court, and " exhibited and produced his letters of orders, and license to read divine service, adminis- ter the holy sacrament, and preach the word of God, accord- ing to the laws and constitution of the Church of England. The court accepted said John Yeo, upon the approbation of his honour the governor, he to be maintained by the gifts of
1 Upland Court Records, p. 46, &c.
2 Breviat, pp. 47, 48.
3 New Castle Records, lib. A. pp. 208, 220.
4 Ibid. lib. B. p. 30.
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the free, willing givers ; wherewith the said John Yeo de- 1678. clared himself contented."1
What were the reasons for this gentleman leaving Mary- land, does not appear. Shortly after this date, he asks the court to revive a judgment obtained in Maryland in 1675. An extract of a letter dated Patuxent, May 25, 1676, to the Archbishop of Canterbury, from the " Rev. John Yeo," (pro- bably the same person,) says, "The province of Maryland is in a deplorable condition for want of an established minis- try. Here are ten or twelve counties, in them at least 20,000 souls, and but three Protestant ministers of the Church of England. The priests are provided for, and the Quakers take care of those that are speakers, but no care is taken to build up churches in the Protestant religion." After furnishing a still further most gloomy picture of the state of morals in Maryland, he says, " As the Lord Baltimore is lately gone to England, I have made bold to address this to your grace, to beg that your grace would be pleased to solicit him for some established support for a Protestant ministry."2 It is therefore probable that it was partly with a view to improve his condition, that he left Maryland. If it were so, he ap- pears to have been disappointed, as on the court records of next year, viz. March 4 and 5, 1679, the following proceed- ings appear : "John Yeo preferring in court a petition show- John Yeo ing that the petitioner came to this place in the month of December, 1677, and was received as minister, to be main- salary and tained by the voluntary subscription of the inhabitants, and that he continued in the ministerial office until he was denied the same by Captain Billop, the then commander of this place, without any manifest proof of any crime deserving such suspension. The said petitioner, therefore, humbly de- siring this court to grant him an order for a quantum meruit proportionable to the time of his, the said petitioner's preach- ing to the people of this place, being one-third part of the subscription, and also for other perquisites due to him the pe- titioner, for baptizing of children, marriages, and burials, &c." " The court answer, that since the petitioner, Mr. Yco, after he had been some small time here, did then, in open congre- gation in the church, voluntarily, out of his own accord, throw up the paper of the people's subscription, he saying, and openly then declaring freely to discharge them ; and if Cap-
449
in difficulty about his
perquisites.
1 New Castle Records, lib. B. p. 48. 2 r 2
2 Chalmers's Polit. Ann. pp. 363, 375.
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tain Billop, (as without any order he did,) has given the petitioner the subscription back, the court are of opinion that therefore the petitioner may have his remedy against him the said Captain Billop, &c .; but as for the perquisites of mar- riage, baptism, and burials, the petitioner ought to be paid for the same, which is just and equitable."
At the same court, he acknowledges a deed for 800 acres, called " Mussel Cripple," or White Clay Creek, sold by him to John Edmonds, who subsequently appears as plaintiff to a suit against Yeo. In another case, he, as an assignee, appears as plaintiff.1
March 22. Early set- tlement of Upland by six inhabit- ants. Trans- fer of share.
Hans Juriansen Kien, of Taokannink, acknowledged a deed dated 9th instant, making over to his brother, Jonas Jur. Kien, one equal share and lot of land, in quantity equal with the shares and lots of the other inhabitants of Upland town or neighbourhood, the appurtenances lying and being in Up- land aforesaid, the whole dividend or tract of land being heretofore surveyed and laid out for the six inhabitants of Upland town in general, contains 1200 acres, whereof the part and share of him, the said Hans Kien being one of the said six inhabitants, is 200 acres, as well cleared as woodland, which said 200 acres were thereby sold and made over as above, together with the housing and other appurtenances standing upon the said Hans Kien's lot of land, lying and being at Upland town aforesaid, near the creek, between the houses and lots of James Sanderling and Jurian Kien. Jonas Jur. Kien acknowledges deed, &c., for making over unto John Test, late of London, merchant, all the above; said Jonas also conveys to John Test, a certain new block-house, by him the said Jonas built on above-named lot, near the water side of creek. Test conveys same to Marmaduke Randall, of London.2
Man-servant sold.
A man-servant is sold, with his consent, to Israel Helm, for 1200 guilders, for four years.
Grants of land on Schuylkill.
Several grants of land on Schuylkill are made : to Peter Rambo and Pelle Dalbo, on east side, 200 acres; Andreis Benksen, 200; John and Andreis Wheeler, 300; Andreis Johnson, 200; Lasse Dalbo, 100 acres, east side.
Mill on Car- coon Creek.
Representations that people daily taking up land near the mill of Carcoon Creek, the said mill would be left destitute
1 New Castle Records, p. 243. See also Hawks's History of Episcopal Church, vol. ii. p. 50. McMahon, p. 215. 2 Upland Court Records.
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A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS.
of any land to get timber for the use of said mill, the court ordered, that on the west side of said mill should be laid out 100 acres of land for said mill's use.1
451
1678.
land at Up- land granted
Niel Mattsen transfers to James Sanderling, of Upland, a Transfer of certain patent granted by Governor Richard Nicholls to him, August 6, 1668, for two lots of land in Upland, at Delaware, in 1668. on north side of creek adjoining to Israel Helm's and Joost Daniels's land, and bounded with Villies Lace, in breadth 36 yards, which said lots have been laid out by the officers of Delaware, being unmanured and undisposed of, to the end some good improvement may be made.
The court give E. Herman a certificate of excellent con- Certificate of duct while in office as clerk.2
good con- duct.
Walter Wharton is presented " for marrying himself, or being married directly contrary to the known laws of the March 17. kingdom of England, and also of the laws and customs of this province. The court having heard the relation of Justice Garrett Otto about the same, order that Mr. Wharton answer the breach of the law, and his contempt, at the next court." He is also complained of for promising lands before grants had been made.3
Complaints 'are made against Commander Billop, that he March 18. uses the fort as a stable, that he keeps the court-room above Billop mis- in the fort, and the same filled with hay and fodder ; that he uses court- room and keeps hogs in the fort walls, and the gates locked up; that fort. he hath and doth still deny and debar this court from sitting in their usual place in the fort ; that he makes use of the sol- diers about his own private affairs, &c. After the dispute with the court, he promised to remove his horses.
The court of New Castle request the court of Upland to March 19. arrest a person by the name of Smith, residing in the pre- Demand of New Castle cincts of the latter, under the following circumstances : Ile court ofa had been arrested at New Castle, and condemned to pay to a fugitive from Mr. Henry Ward there, 130 guilders and costs, but on his ipland justice, on "humble request, he obtained the favour of us, (the court, ) that court. we ordered execution suspended until 8th ultimo, so that we made ourselves debtors, or at least security for him ; he being lately here, promised faithfully not to depart hence till he had fully satisfied the debt, but since, he very unworthily has broken his promise. Our request is, you will be pleased
& Ibid.
1 Upland Court Records.
3 New Castle Records, lib. A. p. 247.
W. Wharton presented for marrying himself.
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1678. to send the said Smith secure unto us, so that he may pay his debt, and answer for his bold peremptory attempt." They promise to do the like for the court at Upland, who order the high sheriff to take him into custody whenever they find him in their jurisdiction, and securely carry him to New Castle.1
The justices' court of Upland was held at the house of Justice Peter Cock, on Schuylkill; "a deed and mortgage entered in judgment."
A grant by the court, to Lasse Andreas, Oole Stille, An- dreas Bencksen, and John Mattsen, inhabitants of Moyamen- sinck, to take up 25 acres each of marsh or meadow, between the Hollander's kill and Rosamond's kill, on the west side of 1 this river. Also to P. Dalbo and Oole Swensen, 25 each on west side of Schuylkill.
Isaac Cornelissen, of Amesland, complains to the court, " that his son Erick is bereft of his natural senses, and is turned right mad, and that he, being a poor man, is not able to maintain him. Ordered, that three or four persons be hired to build a little block-house at Amesland, to put him in, and at next court an order will be taken that a small levy be laid to pay for building the house and maintaining the madman, according to the laws of the government." This is probably the first public provision for the insane.2
Capt. Cantwell charges Neils Laerson with defamation. Hc asks forgiveness of Cantwell in court, with which he is satisfied.3
In consequence of Major Fenwick's " making some new alterations on the east side of the river, a private justices' court was held in the fort. Captain Cantwell declares, that being at Salem, alias Swamptown, on the 30th of April, 1678, Major Fenwick convened the inhabitants, and appointed various officers, and declared that he would appoint others at his leisure. Several papers were read in relation to the major's patent to his royal highness, and from his royal high- ness to Lord Berkley, and Lord Berkley to Fenwick, &c., who demanded the superiority and submission of the people there as his right and property. He then produced an oath to be signed, and which several persons did sign. Fenwick denied the power of the court to levy upon their land; he would bear the people harmless in opposition to it. He for- bade Mr. Foppe Outhout to act in behalf of the court of New Castle, upon the forfeiture of his estate. On being reminded
1 Upland Court Records, p. 66. 2 Ibid. p. 81. Ibid.
April 13.
Frant of meadow to our inha- itants of Toyamen- inck.
In insane ospital.
Defamation.
Tay 19. Further pro- cedings gainst Fen- rick.
453
1678.
Further pro- ceedings against Fen- wick. con- tinued.
A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS.
that Mr. Outhout was commissioned by the governor to act, he denied the power of the governor to act without the advice of his council. Various certificates and letters between the justices and governor follow. The council at New York, (May 22,) directs the justices to give notice to Fenwick that, according to his parole, he forbear assuming any power of government to himself, on the east side of Delaware, or any- where else in those parts, unless he can produce more authentic power from England." In case of refusal, the commander and justices of New Castle are " required to order him to come to New York within the space of - days, to answer what may be alleged against him." On his denial or refusal, "force is to be used to seize his person and send him to New York." A letter to this effect was written to Fenwick by the justices, and sent by a special messenger. In reply, June 3, says, " that the cause of my long imprisonment, which is not unknown to them, was because I would never be persuaded to give security either to be of good behaviour, nor to forbear acting in that public capacity in which I am authorized by virtue of the king's patent, the duke's grant to John, Lord Berkley, and Sir George Carteret, and Lord Berkley's deed to me, all which were produced before the governor and council, by the commissioner who arrived at York last August, wherefore I had my liberty to come home without any obligation, and to return 6th October following, which accordingly I did, to the hazarding of my life; and the governor then told me he won- dered I did come again, and gave order I might return hither again about my lawful occasions. It is well known, likewise, I was made and retained prisoner to the court of assizes, and by their favour and yours I cannot look upon myself obliged by my parole to appear, without an order from the court of assizes," &c. The justices despatch a messenger to New York with the foregoing letter, and further complaints against Fen- wick, and ask their orders, which they request (June 5) " may be absolute and sufficient, for it is our opinion that he will hardly be taken without bloodshed or mischief." He declares " no one shall take him alive, no, not if the governor himself came."1
The court at New Castle referred the settling and regulat- June 14.
1 New Castle Records, pp. 265-290, where all the documents and corre- spondence are at full length. They have since been published by the New Jersey Historical Society, vol. ii.
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CHARLES II .- JAMES, DUKE OF YORK.
1678. ing the church affairs of that place to John Moll and Peter Alricks, they to make up the account with the reader and wardens, and to make such further orders and regulations as shall be found most necessary.1
Repairs of church at New Castle.
W. Wharton marries him- self, and acts illegally as surveyor. Arraigned before court, and case re- ferred to go- vernor.
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