USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 48
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" Mr. Walter Wharton, being heretofore, by the minutes, reader and churchwarden, presented for marrying himself, or being married directly contrary to the known laws of England, and also contrary to the laws and customs of this place and pro- vince, as also for promising lands, and entering the same in his book, before that the person for whom he did it had any grant or order of court for the same; and the said Walter Wharton not appearing in three following court days, and to the end the reproach may be taken away from the river, and that such notorious breaches of the laws, and disorders, may for the future not pass unpunished, especially in persons of lesser quality to those of this of Mr. Wharton, (who is in commission, and bears the office of a justice of the peace, ought to give good examples to others,) had not been regarded, might at all times hereafter be held for a bad precedent. The court do therefore think it necessary humbly to offer the pre- mises to the judgment of his honour the governor, for to in- flict such punishment as his honour in his wisdom shall think fit and expedient."
Is fined for absence from the court.
" Mr. Wharton, being commissioned one of the justices and member of this court, and not having appeared for five months, not having been out of the precincts of the bay and river, is fined £10, with costs."2
June 28.
Patent for Marrities or Marcus Hook.
Jan Hendricksen acknowledges a deed to Roger Pedrick, for all his right, &c. in the land and appurtenances lying and being on west side of Delaware, called and known by the name of Marrities Hoeck, (now Marcus Hook.) The whole tract of Marrities Hoeck lands being granted and confirmed by patent from his royal highness's governor, Edmund An- dross, March 28, 1676, unto the six possessors thereof, viz. Charles Jansen, Oole Raessen, Hans Oolsen, Oole Neelsen, Hans Hofman, and the said Jan Hendricksen, and contained in the whole 1000 acres.3 This same land was granted by the Swedes to J. A. Besk, so early as 1653.4 (See page 138.)
The court order to levy a tax of 5 guilders per head on every tydable person, to defray the expenses of the court's
1 New Castle Records, pp. 269, 270. 2 Ibid.
3 Upland Records.
4 Ibid. p. 84. Reg. Penns. vol. iv. p. 273.
455
1678. -
A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS.
sitting charges, as heretofore, the said levy to be paid by every person on Tinneconk Island, between this and 6th of October next.1
Two hundred acres are granted to Thomas Nossicker, and Grants of 100 to William Warner. It has been said that the latter set- land. tled over Schuylkill, in 1658, but after diligent inquiry among his descendants or connections now living, we can find no knowledge or tradition of the fact among them.2
Justa Andries is indicted for slanderous language against July 26. his majesty and the court.3
Case of slander.
John Moll is deputed by the justices of New Castle to go July 27. to New York, to communicate certain facts occurring in the governor's absence in England, and to ask some privileges.
1. To " grant leave and permission to obtain and have an orthodox minister, to be maintained by the gifts of the free, willing givers."
J. Moll sent to New York with repre- sentations to governor. Asks for minister.
2. To double the magistrates, and have a coroner.
Increase of
3. To send " the new corrected law book," and seal of magistrates. office.
4. In relation to the title of Carr's land.
5. Complaint that Walter Wharton neglects his duty as Complains of surveyor ; fees higher than in Maryland, and wish them re- W. Wharton. duced; and chiefly to make his honour acquainted, that to the great shame and blame of the government, he, the said Walter Wharton, hath married himself, and promised lands not granted, and that he forced one man in Maryland to as- sign his patent to him only for surveyor's fees.
6. Wish government to establish weights and measures, and Weights and that a gauge be appointed on this river, for all coopers to make the tobacco hogsheads accordingly.
7. Complains that Major Fenwick forbids the people of the east side of this river to pay their proportion of the pub- lic rate laid last year, for the paying of the wolves' heads, tax. and that the said Fenwick threatens the people with ruin in case they pay any, and that he now has laid a tax himself ; therefore to know whether the people there shall pay any of the said tax, and how, for the future, the court shall act and behave themselves towards the said east side.
8. People complain they cannot get their money from the public.
1 Upland Court Records, p. 84.
3 New Castle Records, lib. A. p. 292.
2 Sce Watson, vol. i. p. 11.
Measures. Gauge for tobacco hogs- heads. Complains of Fenwick op- posing wolf
:
456
CHARLES II .- JAMES, DUKE OF YORK. 1
1678.
9. Whether a levy or tax may be laid for paying the debts made during the time of this government, concerning the fort, &c.
10. Whether houses and lands of persons deceased or run away are taxable.
Liberty of trade to Maryland for negroes, &c., and for England.
11. "That liberty of trade may be granted us with the neighbouring colony of Maryland, for supplying us with negroes, servants, and utensils, without which we cannot sub- sist, and also that liberty may be granted us for our own vessels which we may get, to enter and clear the same here, without touching at New York, in case we might send them for England and other places, we observing the acts of par- liament."
12. Refers to Captain Billop's acts ; "among other things," Complains of that he, said commander, contrary to his duty, stands up for Billop siding with Fen- wick. and holds with Major Fenwick, which hath so amazed the in- habitants of the eastern shore, that some of them know not whom to obey."
Also to know whether the said commander hath power to grant licenses for marriages, as to several persons he hath done, whereby the common course of three proclamations in the church, or banns setting up, is laid aside.1
July 27.
The council at New York think the orders heretofore given the justices at New Castle, in the case of Fenwick, quite " sufficient, so shall not alter any thing therein, but leave you to answer your neglect to the governor, who is daily expected, and all prejudice or mischief that may happen thereby to be at your doors, they having done their duty."2 The justices despatch Billop to Fenwick, who promised to repair to New York. The court decide, if he will, under his hand, promise to repair to New York in twenty days, he may be left ; but if he refuse, or do not send a satisfactory answer, that then the commander and sheriff take a body of militia, and seize his person.2
August 3. Fenwick at New Castle, on his way
The court express to the council their "sorrow at your honour's reply," and explain, by way of apology, their mo- tives for writing as they did. It appears, by this letter, that Fenwick had been brought to New Castle, with a view to to New York. sending him by sloop to New York ; they afterwards conclude to send him by land.3
1 New Castle Records, pp. 306, 307. 2 Ibid. p. 308.
3 Ibid. p. 311.
457
DEPUTY GOVERNOR EDMUND ANDROSS.
Fenwick, in New York, is presented with a copy of charges against him; asks time to answer; considers his interest separate from New York; appeals to the king, and prays to go to him ; court does not grant it, but refers him to judg- Sept. 11. ment of court of assizes at New York.1
1678.
Captain Billop is ordered to New York by the governor, Sept. 13. probably on charge of favouring Fenwick, leaving the charge Captain Bil- of the military and civil matters to Justice Alricks, to be chief, and Thomas Woolaston, clerk to take customs.
lop ordered to New York.
Captain Billop delivers over to Moll and Alricks the fol- Sept. 16. lowing articles belonging to the fort : 8 iron guns, 7 leaden Stoek of am- aprons, 18 matchlocks, 6 firelocks, in all 24 muskets, 12 col- munition in the fort. lars of bandaliers, 66 iron shot, 465 musket bullets, 1} barrel of powder, 3 quires cartridge paper, 12 skeins of match, 2 ladles, 3 sponges, 3 rammers, 2 worms, all upon 5 sticks, &c. Probably Billop had been removed.2
John Avery, F. Whitwell, Alexander Molestyn, John Kips- October 18. haven, Luke Watson, John Roads, and James Wells, to be Justices of justices for Whorekill ; four or more a court.3 Whorekill.
The Duke of York made a new grant of West Jersey to New grant of West Jersey the assignees of Lord Berkley.4
An order passed by the governor about lands was this day Nov. 4. also openly read in court, and fixed at the court-house :
" Whereas I did, in the year 1675, among other regulations Quit-rents then made for encouragement, remit the quit-rents for the first three years on all new lands to be taken up and seated in Delaware precincts, which having proved inconvenient, by many taking up land and not seating at all, I therefore do repeal and recall the same, except for such as have seated and improved upon said order, be accordingly indemnified ; but all such as have taken up lands, and seated and improved, and made due returns thereof, as by law and orders, (sent and published last year to be recorded,) to forfeit the same, and the land not seated and improved to be disposed of as vacant lands, and all such as have improved and seated, but not made such returns, are hereby again required, for rectifying of for- mer, and preventing of future disorder, to make a due return as above, of such their lands, quantities, and situation, accord- ing to the patent, surveys, or card thereof, to the clerk of the court in whose jurisdiction their said land lieth, to be recorded,
reimposed. Directions about land.
1 N. Y. Records ; Breviat.
3 N. Y. Records ; Breviat. 58
2 New Castle Records, p. 316.
4 Johnson, p. 10. Smith's N. J. p. 111. 20
S
458
CHARLES II .- JAMES, DUKE OF YORK.
1678.
and by the court certified to the secretary's office here, and' court. such as have not taken care to pay their quit-rents due formeep a the same, that they, within the space of six months, as above,, 10 app do account and pay the arrears to the receiver, from my firstt coming into the country, for 1674, and for the future, all such as have or shall take up lands, to pay their quit-rents from their taking up such lands, and yearly, at the towns of Up- land, New Castle, and Whorekill, for the several precincts, att their peril, and such as shall take up and not improve land,
to forfeit the same, according to law. This order to be forth -. with published, and set up at the court-houses of Upland, New Castle, and Whorekill, in Delaware. Given under my hand, in New York, 25th October, 1678. E. ANDROSS."
" Resolved, in regard the church doth very much want re- paration, that Mr. John Moll and Peter Alricks take care and order about the same, the charge and cost to be found and raised by a tax, if no money be due upon the former list of the reader."1
The governor, in reply to the petition of the court, allows November 5. a minister, as they desire ; sends a new commission for magis- Minister al- lowed. trates, and a law book. The purchasers of Carr's land, which he allows to be sold for the use of his creditors, may have Court have power over surveyor. Weights and measures to be English. new patents. " Courts have power to order matters relating to the surveyor in every respect, according to regulations and law." "The laws direct weights and measures to be English, but ancient custom may be looked upon as law, and the pub- lic weigh-house is to be gross weight only, if or above one Houses and improved lands liable for debts. Trade to be favoured. quarter of a hundred." "Houses and improved lands are liable for debts, as well as movables ; all favours as to trade may be expected, so that acts of parliament are not infringed, with due regard to the custom-house here. The late Com- mander Billop is here, and if any have been wronged by him, they shall have right." New York, October 26.2
Elsinburg incorporat- ed. Court established, &c.
Governor Andross commissions six persons to be overseers, selectmen, or commissioners in New Jersey, at Elseburgh and parts adjacent, for one year, amongst the new comers, and if any dispute arise amongst them and the old inhabitants of those parts, Mr. Outhout, who has been an ancient inhabitant there, and is now one of the justices of New Castle, to have notice, who is authorized, on such occasions, to be one of the
1 New Castle Records, lib. A. p. 320. Upland Court Records.
2 New Castle Records, lib. A. p. 307. Reg. Penns. vol. i. p. 93.
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459
DEPUTY GOVERNOR EDMUND ANDROSS.
and ourt, and being there, to preside ; and you, or any four, to forteep a court, as a town or corporation, quarterly or oftener, o appoint constables, and to allow fit proportions of land for resent improvement, the same being duly purchased, and to car and determine all matters not extending to life, limb, or nember, or exceeding £5, above which to admit of an appeal o court of justices at New Castle.1
Governor Andross appoints J. Moll, Peter Alricks, Foppe Nov. 7. Duthout, G. Otto, Johannes De Haas, Abraham Man, and Justices of William Semple, as justices.2
New Castle.
A warrant from Governor Andross is presented to the court Nov. 11. at New Castle, in consequence of complaints made to him by Michael Barron and other inhabitants of east side of river, wick. who had been " disturbed in the lawful possession of their and Fen- lands by Fenwick, &c." The court at New Castle is " desired and authorized to take care that the said inhabitants be not disturbed in their possession upon any pretence whatever," and "if occasion, to make me forthwith acquainted with the same."3
The limits and divisions between this (Upland) and New Nov. 22. Castle county were this day agreed upon and settled by this Boundary court, and Mr. John Moll, president of New Castle court, as follows : " This county of Upland to begin from the north side of Oole Fransen's creek, otherwise called Steen-kill, lying on the bight above the Verdrietige Hoeck, and from the said creek over to the single tree point, on the east side of this river."4
James Sanderling, for inhabitants of Upland, complains Encroach- against Neils Laerson for fencing off the way to the " fly ;" court order it down.5 Another against Domine Laers Carolus, of court. that he has fenced in some of the church glebe land. " Ordered, that he shall have all belonging to him, the rest he must leave out."6
Various grants of land on Neshaminy, &c. : 100 acres on Grants of lower side, and 50 in the woods, to Dirck Williams; 100 to Edmund Draufton and his son ; 100 between heads of Crom- kill and Oole Shellir's kill; Jan Schooten, a small quantity of marsh lying at the place called Hans Moonson's great sing. Mill Falls, at the end thereof, so much as is fit to mow four
1 N. Y. Records, as quoted in Penn's Breviat.
2 New Castle Records, lib. A. p. 316.
4 Upland Records, p. 50. 5 Ibid.
3 Ibid. p. 318.
6 Ibid.
1678.
Warrant of Andross about lands,
between New Castle and Upland counties.
ments on land. Order
Innd on Ne- shaminy, Schuylkill, l'ennypack, Poetquis
ore, first such rom Up- , at and, cth- nd, my re- re nd ist V'S S. h e 1
-
460
CHARLES II .- JAMES, DUKE OF YORK.
1678.
stacks of hay, the Mill Falls being a run that comes into Schuylkill; Ephraim Herman, between Pemebaccan and Poet. quissing. Ordered, that the land formerly granted to Jar Boolsan be reserved for the mills, and Jan Boolsan to locate 100 acres elsewhere.
Mill on Moonson's Falls.
" It being very necessary that a mill be built on the Schuyl- kill, and there being no fitter place than the falls called Cap tain Hans Moonson's Falls, the court are of opinion that either Hans Moonson ought to build a mill there, (as he says he will,) or else suffer another to build, for the convenience of all parts.
app E. chu
Land con- veyed at Sa- chamexing.
Laurence Cock transfers to Elizabeth Kinsey a plantation lying and being at Sachamexing, (the whole deed is on the record,) " the daughter and heir of John Kinsey, late of Herefordshire, England, deceased, 300 acres, on west side of Delaware River, at the town or neighbourhood called and known by the name of Sachamexing, the whole dividend and quantity of land being of late surveyed for the inhabitants of Sachamexing in general, contains 1800 acres, by which, reserving the share and interest of him, the said L. Cock, as being one of the six inhabitants of Sachamexing, amounts to 300 acres, as above mentioned, together with his, L. Cock's share of marsh or meadow, with all and singular the houses, dwelling-houses, barns, stables, stalls, fences, &c. now stand- ing upon said land." L. Cock states he is the lawful owner, and has a right to sell; warrants against all claims except quit-rents. The deed is dated 30th March.1
Transfer of a patent of Andross, March 25, 1676, to Har- man Jansen, 100 acres, on north side of Mill Creek, over against Carcoon Hook.
Roads be- tween plan- tations to be opened.
Court order " that every person shall, within two months, as far as his land reaches, make good and passable ways from neighbour to neighbour, with bridges, where it needs, to the end neighbours on occasion may come together ; those neg- lecting to forfeit 25 guilders."
A jury.
The following compose a jury : Hans Moens, Dirck Wil- liams, Salfit Barnes, Edmund Draufton, Peter Jackson, Isaac Saney, Jan Hendrick, Jonas Kien, Moons Cock, John Brown, Jan Boolsen, Henry Hastings.2
Nov. 28.
Andross directs Sheriff Cantwell to put Robert Stacey in
1 Upland Court Records, p. 99.
2 Ibid.
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461
1678.
ossession of Mattiniconk Island, which the governor had cased to him for seven years.
Governor authorizes Cantwell and Herman to purchase rom the Indian proprietors the unpurchased lands below the Land to be alls, on west side, between the late and former purchases,
purchased from In- ogether with any islands, and to adjust time and place, and dians. pecies of payment, and give him notice.1
Churchwardens and elders having been nominated, the court December 3. ppoint John Moll and J. P. Jaquet, elders, and John Smith, Church offi- E. Lott, B. Gummery, Samuel Burder, and William Penton, hurchwardens.2 eers ap- pointed by the court.
Henry Smith, of Whorekill, had raised several reports Dec. 10. against some of the magistrates, &c. belonging to court, and Defamation lid afterwards, in writing, charge two justices, and the clerk f court, with several crimes, in general terms, whereupon he vas committed to the sheriff of New York till he should give €500 security to prosecute or make good his charge against hem, according to law, which he refusing, but pretending an nquest in the council for it, the whole matter being debated n council, said Smith is adjudged to pay a fine to the church or poor at New York, £10, together with all incidental charges, and that he be likewise bound in bond of £20, at Whorekill, to be of good behaviour till next general court.3
Philip Pocock is appointed, by Andross, surveyor of New Dee. 25. Castle and dependencies.4
Surveyor appointed.
Arrived the ship Shield, from Hull, Danicl Towes, master, and dropped anchor before Burlington, being the first ship Arrival of that came so far up the Delaware; against Coaquanock, (now Philadelphia,) being a bold shore, she went so near in turning, that part of her tackling struck the trees ; some on board then remarked it was a fine spot for a town. A fresh gale brought her to Burlington ; she moored to a tree, and the next morning the people came on shore on the ice, so hard had the river suddenly frozen. A number of passengers came in her ; one was born on the passage.5 From what has been already mentioned on p. 444, respecting the ship Martha, some doubt may perhaps be raised whether the Shield was the first ship at Burlington, as there was probably no other induce- ment for the former to proceed above New Castle, than to
the Shield at Burlington.
I N. Y. Records ; Breviat.
3 N. Y. Records; Breviat.
5 Smith's New Jersey, p. 108, 109.
2 New Castle Records, p. 355.
4 New Castle Records.
2 q 2
of the court punished.
DEPUTY GOVERNOR EDMUND ANDROSS.
1
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462
CHARLES II .- JAMES, DUKE OF YORK.
1678.
reach the place of settlement, and land the baggage and utensils of the passengers, she having no merchandise.
This same year also, arrived a ship from London, with passengers.1
Clarkson estimates the number of settlers sent over through Penn's agency, up to this time, about 800, mostly Quakers.2
First pur- chase at Middletown, Delaware.
This year Adam Peterson surveyed 200 acres of land, the tract on which Middletown (Delaware) now stands. The ori- ginal plat and title were in existence in 1842. This is said to be the earliest purchase of lands at Middletown.3
1679.
March 22.
State of edu- cation.
E. Draufton sues Dirck Williams for his bill for teaching defendant's children one year, 200 guilders. A witness, who heard the agreement made, testifies that E. Draufton was to teach Dirck Williams's children to read in the Bible, and if he could do it in a year, or half a year, or a quarter of a year, he was to have the 200 guilders ; judgment for plaintiff.4
Division of Marcus Hook lands asked for.
Petition of Roger Pedrick and William Hews, joint part- ners with the rest of the inhabitants of Maritties (Marcus) Hook, with the land there, desiring that the said land may be laid out and equally divided between all the parties, to the end that each may have a fair proportionable share, as well of the good as the bad land. The court answers, "that the petition of those who are not satisfied with the division which of old hath been and still is, may, at their proper costs, have the same new surveyed and shared."5 Roger Pedrick then transfers "the one just and equal half part of his land to William Hews, and Hans Oolson transfers to William Clay- ton all his lands, houses, &c. at Maritties Hook." It will be recollected, that in 1678, a grant was made to six inhabitants for the whole undivided plot of 1000 acres. This plan seems to have been pursued with several other towns.
Grants of land.
Several grants of land are recorded : Thomas Fayreman, 260, and Dirck Williams, 4 acres in addition, all on Nesha- miny ; to Jacob Fabricius, 300 acres on west side of' Dela- ware, and Jurian Hartsfelder, 100; Jans Justasson, alias Illack, transfers to A. Hendricks a piece of land below Up-
1 Smith's New Jersey, pp. 108, 109. The names of the passengers in both vessels are there recorded. 2 Clarkson, p. 165.
3 Foote's Address, 1842, when he exhibited the original plat ; p. 14.
4 Upland Court Records, p. 121. 5 Ibid. p. 121.
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463
DEPUTY GOVERNOR EDMUND ANDROSS.
land, between two small creeks, called Harwick's Creek and 1679. Middle Creek.
Neils Laersen is ordered by court to make or leave a lanc or street from Upland Creek to the house of defence or coun- House of de- try-house, before next court, or be fined ; he not appearing, fence, or country- sheriff is to notify him, "so that he might not plead ig- house, at Up- norance." land.
land at Wic- caco.
Peter Rambo, sen., claims, by a late grant of this court, a Claim for certain tract of land at Wiccaco, and Oole Swensen, Swen Swensen, and Andries Swensen plead that the same land was within the bounds of their patent ; both parties having been heard, the court orders, "that since the Swensens have the same in their patent, which is of old standing, and Peter Rambo's grant was but late, that therefore the said Swensens do keep the land, and in case more land be found within the bounds of the said patent than is set down, they the said Swensens are to have the preference to take it up before any others."
A transfer of land granted by Governor Lovelace in 1671, May 1, is recorded.
Grant by Lovelace, 1671.
A man who agreed to pay another in " pompkins," is Pumpkin ordered to pay, a witness declaring that a demand was made suit. by defendant, but plaintiff refused "to bring them to the water side." Judgment, 20 guilders in wheat, and 26 guilders in pumpkins, at 16 guilders per 100.1
We have before mentioned, (page 423,) a grant from the go- May 14. vernor to Peter Bayard. It appears that the land was now pur- Purchase of chased from the Indians. " Mechaecksitt, sachem of Cohan- Bombay Hook from Indians. sink, and sole Indian owner and proprietor of that tract of land called by Christians Bompics Hook, and by the Indians Newsink, in consideration of one gun and some other mat- ters, grants to Peter Bayard, of New York, all that tract of land on west side of Delaware, and at its month, beginning at a great pond and a little creek issuing out of it, being the uppermost bounds of it, and stretching down along the river to Duck Creek, with lands, woods, &c. between the said up- permost pond and creek and Duck Creek, to hold to Peter Bayard in fee, to his own sole use." The deed is witnessed by E. Herman, clerk, who was one of the two persons ap- pointed by the governor to purchase lands of the natives ; so it is probable this was bought by governor's order.2
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