USA > Pennsylvania > Annals of Pennsylvania, from the discovery of the Delaware > Part 49
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37 | Part 38 | Part 39 | Part 40 | Part 41 | Part 42 | Part 43 | Part 44 | Part 45 | Part 46 | Part 47 | Part 48 | Part 49 | Part 50 | Part 51 | Part 52 | Part 53 | Part 54 | Part 55 | Part 56 | Part 57 | Part 58 | Part 59 | Part 60 | Part 61 | Part 62 | Part 63 | Part 64 | Part 65 | Part 66 | Part 67 | Part 68 | Part 69 | Part 70 | Part 71
1 Upland Court Records, p. 119. 2 New Castle Records, in Breviat.
-E
464
CHARLES II .- JAMES, DUKE OF YORK.
1679.
June 13.
Case of Hutchinson, a constable, who broke open a trunk. Go- vernor gives his construc- tion of the law.
The court seem to be much puzzled to know how to pro- ceed in the case of one Hutchinson, a constable, in whose care a chest was left by some person ; while in his house, he broke it open, and applied the articles to his own use. The court apply to the governor, who, in answer, gives his con- struction of the law as follows, the prisoner being confined : " The matter of fact committed by the prisoner would not reach to the taking of his life by the strictest law, (according to our apprehension, here ;) if it were in England, and the duke's laws are much more favourable, where, if you will turn to the capital laws, you may be further satisfied ; besides, the chest, with what was therein, being left at his house by the party, it is but a breach of trust, though the thing is aggra- vated by his having broken open, or picked the lock of the chest, and taken out those things, to convert them to his own use, may be looked on as a larceny, or thieving, and he acted as a great knave and cheat ; but whether it will reach to the criminal part, so far as to burn him in the hand, which is commonly inflicted on a person that deserves death, yet hav- ing the benefit of the clergy, saves his life by reading, though he forfeits all his goods and chattels, and liberty for five years. It is a question, however, the proof being so clear. I suppose he may at least deserve corporeal punishment, or a conside- rable fine, and such further penalty, by banishment or the like, the which his excellency doth wholly leave to your court to adjudge and determine, before whom he is to have his trial, and whatsoever your sentence shall be, you are to put the same in execution." It appears he was suspended as constable, and sentenced to be whipped, which was immediately executed ; the stolen goods to be returned, and he banished for ever from the river and parts adjacent.1
Hutchinson is whipped and banish- ed.
June 16.
Several of the justices of the court are deputed to visit the governor at New York, on matters respecting the court, town, &c.2
July 12.
Verhoof is surveyor, and Venis sheriff at Whorekill. Prices of survey at Whorekill to be the same as in Maryland and Virginia.
Oath illegal- ly taken not binding as evidence.
" A magistrate of city of New York unadvisedly took an oath of one Taylor, concerning fees which he claimed for surveying at Whorekill, the magistrates of the city having nothing to do in any other part of the government out of
1 New Castle Records, lib. B. p. 84, 91. 2 Ibid. p. 115
S
1
465
1679.
dispossessing owner of
DEPUTY GOVERNOR EDMUND ANDROSS.
their precincts, and the said oath being taken contrary to law, you are to take no cognisance of it, and by no means admit it as proof or evidence for Taylor."1
A petition is presented to the court by Michael Baron, June 14. showing that the Indian proprietors had given him, in 1671, Fenwick a certain tract or neck of land, lying in the Ferkens or Salem again com- Creek, the said land being called Quiettetting, and that the against for plained said parcel of land was accordingly, by orders of John Ed- munds, surveyed, and improvements made by the petitioner, land. and that he has been dispossessed by Fenwick, who gave the same to John Pledger. The court are requested to aid him in recovering it. They order that the case be first examined by the court at Salem, and that Justice Outhout endeavour to make an end of it; if not, to be transferred in writing for further examination.2
The court empower John Moll, Captain Cantwell, and the July 12. clerk, E. Herman, to represent the court at New York, as Representa- well in defence of the court orders and sentences by them tives from court to New York.
passed, as also humbly to request privileges and removal of grievances.3
Philip Pocock is appointed surveyor of tracts of land be- July 18. low Falls of Delaware, on west side, for several persons lately Pocock, sur- come out of England, destitute of land ; his fees to be as in veyor. Maryland.
It appears that, in 1668, upon the petition of Cornelius Nov. 25. Laersen and others, Governor Philip Carteret authorized the purchase of lands from the Indians, " lying on the east side of Delaware River, from Timber kill to Old Man's kill, to- gether with a small island adjacent, called Ratkon's Island, with an intent and purpose to populate and inhabit the same, provided they shall be obedient to the laws of New Jersey," &c. Whether the purchase was then made does not appear, but under date of 15th November, 1679, is recorded the fol- lowing acknowledged Indian deed, apparently for the same land. It is " from Ausawitt Woappeck, Jan Awieham, the sole Indian owners and proprietors of a certain parcel or neck of land called Kachkieekanehackin, lying and being on the east side of Delaware River, over against Maritties Hook, beginning on the west or lower end, with a creek called and known by the Indians by the name of Mattietcussing, and
1 N. Y. Records ; Breviat.
3 Ibid .; Breviat.
2 New Castle Records, p. 109.
Purchase of lands from Indians be- tween Tim- ber and Old Man's Creeks.
59
466
CHARLES II .- JAMES, DUKE OF YORK.
1679.
by the Christians, 'the Old Man's kill,' and so up along the river side to the first small kill, called by the Indians Cach- kikikanahacking, and so south-east into the woods, including all the lands and meadows between the said two creeks : con- sideration, 2 half-ankers of liquor, 2 guns, 2 matchcoats, 4 double-handsful of powder, 2 kettles, 4 bars lead, 4 looking- glasses, 4 knives, and 4 awls, in hand paid by Hans Hoffman and Peter Jansen ; as also more paid by Gurs Justasen for them, 1 gun, 1 anker beer, 1 bar of lead, 1 double-handful of powder."1
Peter Jegou sues Thomas Wright and Godfrey Hancock December 5. for a " trespass upon the case," which is thus stated on the records :
Suit of Pe- ter Jegou against Wright, for lands oppo- site Burling- ton. Decision.
" The plaintiff, Jegou, declares, that in the year 1668, he obtained a permit and grant of Governor Philip Carteret, to take up the land called Leasy Point, lying and being over against Mattinicum Island and Burlington, to settle himself there, and to build and keep a house of entertainment for the accommodation of travellers ; all which the plaintiff accord- ingly hath done, and moreover hath purchased of Cornelius Jorissen, Jurian Marcelis, and Jan Claessen, each their houses and lands at ' Leasy Point,' aforesaid, which was given them by the Dutch governor, in the year 1666; for all which, Go- vernor Carteret promised the plaintiff a patent, all which said houses and lands the plaintiff had in lawful possession until the year 1670, at which time the plaintiff was plundered by the Indians, and by them utterly ruined, as is well known to all the world, so that the plaintiff then for a time was forced to leave his land and possessions aforesaid, and to re- pair his losses in other places, and to leave his land as afore- said, with the intention to return when occasion should present. But now, for it is, may it please your worship, that with the arrival of these new-comers called ' Quackers,' out of Eng- land, those defendants, Thomas Wright and Godfrey Han- cock, had violently entered upon your plaintiff's said land, and there have by force planted corn, cut timber for houses, mowed hay, and made fences, notwithstanding they were forewarned by your plaintiff's friend, Henry Jacobs, in your plaintiff's behalf, in the presence of Captain Edward Cant- well, and afterwards by the plaintiff summoned before the magistrates of Burlington, who making no end of it, the case
1 New Castle Records, p. 306.
467
1679. -
DEPUTY GOVERNOR EDMUND ANDROSS.
was, by the said magistrates and those defendants' consent, removed here before your worships ; whereupon the plaintiff humbly craves your worships to order the defendants, and all others, not to molest the plaintiff in the quiet possession of his said land, &c.
" The defendants declared to be very willing to stand by the verdict and judgment of the court.
" Whereupon the court, having heard the debates of both parties, and examined all the papers, are of opinion, that since Mr. Peter Jegou had Governor Carteret's grants, and was in quiet possession of the land before ever the land was sold by Sir John Berkley unto Edward Billing, and that he, the said Jegou, hath also bought the land, and paid the In- dians for the same, that therefore Mr. Peter Jegou ought peaccably and quietly enjoy the same land and appurtenances, according to grant and purchase."1
From the description, this land would appear to have been somewhere in the neighbourhood of Bristol. Jegou's house of entertainment was probably well known, for it will be re- collected that it is mentioned as a stopping-place when Go- vernor Lovelace was about visiting the Delaware in 1672, (page 396.)
" It being represented to the court, by the churchwardens December 5. of Tinnicum and Wiccaco churches, that the fences about the Churches of church and other church buildings are much out of repair, and that some of the people, members of said churches, are neglective to make the same up, &c. The court having taken the premises into consideration, do find it necessary to order, and authorize and empower, and do here, by these presents, order, authorize, and empower the respective churchwardens of the said two churches of Tinnicum and Wiccaco, to order and summon the respective members of the said churches, as from time to time, and at all times when it shall be found necessary, to build, make good, and keep in repair the said churchyard fences, as also the church and all other appur- tenances thereof, and if any of the said members, upon warn- ing, do prove neglective in doing their proportion to the same, they, and cach of them, to forfeit 50 guilders for cach such neglect, to be levied out of their goods and chattels, lands and tenements."2
Albert Hendricks, of Lamoco, transfers to John Test, of
1 Upland Court Records, p. 126.
2 Ibid. p. 241.
Tinnicum and Wiccaco out of re- pair. Order of court to the members to have it done, under penalty, to be levied on their effects.
468
CHARLES II .- JAMES, DUKE OF YORK.
Upland, his land at head of Upland Creek, beginning at Robert Wade's marked beech tree, part of a greater conveyed by patent from governor, and called Lamoco.
Various grants at Pempacean and Poetquissing, Upland, &c.1
First born child, R. Buffington.
In this year was born Richard Buffington, son of Richard, he being the first born Englishman in Pennsylvania. The facts in this case were peculiarly commemorated in the parish of Chester, on 30th May, 1739. The father, having then at- tained his eighty-fifth year, had an assemblage of his de- scendants, to the number of 115 persons, convened in his own house; the first-born was then present, in his sixtieth year.2 Walter Wharton's death is referred to.3
Dec. 13.
Grants of land in Bucks coun- ty.
Various grants of land this year, by Andross, in Bucks county. The names of settlers, the vessels in which they and their servants came, and other particulars, are there on record.
1680.
Feb. 14.
Inhabitants have no wheat to pay taxes with.
The court at New Castle address a letter to the governor, at the special "request of the planters, inhabitants of that county, who are debtors to his excellency in wheat for the quit-rents on their lands, being often before, and now of late publicly warned by the receivers to pay their quit-rents with- out further delay, this spring, or suffer the penalty expressed in his excellency's former orders." They "declare they have no wheat, and nothing else than tobacco," which Mr. Har- man (the receiver) refuses to receive, he having no orders to do so ; they therefore "most humbly request that his excel- lency will be pleased, according to his wonted goodness, to allow them to pay their said quit-rents in tobacco, at such a reasonable rate as his excellency shall be pleased to put thereon, the custom being in the neighbouring colonies 2d. per pound, otherways several persons will necessarily forfeit their lands and livings."
Petition to pay in to- bacco.
"Furthermore, (the court say,) we most humbly request your excellency to direct us whether quit-rents must be paid for lands forfeited for want of settlement, that is to say, if those as do afterwards obtain the same forfeited lands are liable to pay the arrear of quit-rents of the first possessor,
1 Question with regard to quit-rents on certain lands,
1 Upland Records.
3 New Castle Records, lib. B.
2 Watson's Annals, vol. i. p. 512.
1679.
fr th
an la b tl 1
DEPUTY GOVERNOR EDMUND ANDROSS.
from the time of its first taking up, or not; and also whether those who have forfeited the lands for want of settlement, and themselves requesting a new grant for such their forfeited lands, (if not granted before their request to others,) are to be preferred, if they will make present settlement; and also the longest time we are to allow for settlement of the lands."
" The court also present the case of a person who, having been employed in the time of the commander, and since as a soldier, to look after the fort arms and ammunition, being ancient and very poor, asks for some pay ; they ask if he shall be longer continued as a soldier, and also, whether the fort, or house of defence here, (which wants very much repair,) must be repaired, and how the means thereof shall be found."
" The enlargement of the county up and downwards, as far Enlargo- as S. Jones's, is recommended as necessary for the conve- niency of the people."1
ment of county re- commended.
This year Bishop Compton found, upon search, that there But four were but four ministers of the Church of England in North
ministers of the Church America, and only one or two regularly sent over. He there- of England fore made proposals to several places to supply them with clergymen.2
in North America.
Court call on inhabitants to pay up quit-rents. February 14
An appeal is taken from the judgment of the court at Sa- March 12. lem, about a piece of land called Quiettetting; plaintiff, M. Suit about Barron, against Lefevre and Pledger, defendants. The plain- tiff alleges that he had a grant from Governor Carteret, long before the division of the province, and that he purchased the land from the Indian proprietors ; that it was confirmed to him by John Edmunds and William Tom, Major Fenwick's agents, and by their order surveyed by Henry Parker, sur- veyor. That he had for several years made improvements, and beginning of settlement, but was hindered by Fenwick's threats. That the Indians, when they sold the other lands to Fenwick, exempted then what they had before sold to others. The defendants reply, that Quiettetting, and about 6000 acres, were sold to them by Fenwick, and surveyed to them by his order, and that they have had three years' quiet possession. That the plaintiff forfeited by not settling in due time. One " Saunders, a Quaker, declares, that last fall, he having made a small house at Quiettetting, by Pledger's order, three In- dians came in a rude manner, and said, that in six ' sleeps' 1 New Castle Records. 2 Humphreys, p. S.
469
1680.
Poor soldier at the fort asks for pay.
Repairs wanted.
Quiettetting.
2 R
470
CHARLES II .- JAMES, DUKE OF YORK.
1680. more, Barron would come and make a wigwam on the land." Justice Outhout, sworn in court, declares that in 1675, he was present, when Fenwick bought the lands of the Indians, and that the bargain was, he was to have all the lands except what they had sold, &c. The court submit it to a jury, who decide for the defendants.1
March 20. Surveyor of Upland. Israel Helm sells.
Richard Noble produced his commission from Governor Andross, as surveyor of Upland, dated December 15, 1679.
Israel Helm transfers his house, land, and plantation, at Upland, to James Sanderling.
Court fees.
The law allows the court 2s. 6d. for every judgment given, and the court being in great want of money to pay and de- fray their necessary charges of meat and drink, &c., the sheriff is ordered to collect.2
April 15.
John Yeo is charged with and tried for mutinous expres- sions against the duke, the town, the court, &c. He is ac- quitted by a jury.
May 22.
R. Hutchinson, though banished, is permitted by Andross to return for a few days, on his private business, he to com- port himself.
No person to sell under half-anker of liquor to Indians, under penalty of 200 guilders ; one-third to informer, one- third to sheriff, and one-third to church.3
June 3. Commission of Duke of York to John Levin, to examine into his af- fairs and in- terests in this country.
The Duke of York sends a person named John Levin, with very extensive powers, to investigate the situation of his in- terests in this country. Levin was instructed, by his com- mission, " as my agent and servant in New York and Albany, and other my lands and territories in America, and therefore you are, with the first opportunity of shipping bound for those parts, to take your passage for New York, and on your arrival there you are, by all good and reasonable ways and means, to apply yourself to inquire and find out all the es- tate, rents, and revenues, profits and perquisites, which in any sort do of right belong and appertain to me, and arise in any of those places, and to examine all books and papers, and records, and other matters relating thereunto; and to that end I authorize and empower you to demand, ask, and re- ceive of and from all and every of my officers and servants, or any other employed in any places of trust belonging to me, all books, papers, writings, records, registers, accounts,
1 New Castle Records, p. 184.
3, New Castle Records, lib. B. p. 219.
2 Upland Records.
471
DEPUTY GOVERNOR EDMUND ANDROSS.
and all other things which may tend to the discovery or mani- festation thereof, and I do hereby require and command all my said officers and others employed in any such places and trusts, to produce and show unto you, and to suffer you to have the free and full use of them, so often and so long as you shall think fit, and have occasion for the same; and I do also further authorize, empower, and require you, in a more especial manner, to inquire and find out whether the free trade of any of the inhabitants of those places, or any mer- chants trading thither, now is, or hath been lately, so ob- structed or hindered, and how, and by what methods, the trade and traders in those places may be encouraged and in- creased, it being my real intentions and desire to encourage and advance the ease and benefit, and advantage of trade, and the merchants and inhabitants there ; and for the better executing of this trust which I have reposed in you, I do re- quire you to observe and follow such directions as you shall herewith receive. Given under my hand and seal, at Wind- sor, 24th May, 1680. JAMES.
" By command of his highness .- John Werden."1
The instructions to Mr. Levin commence with assigning June 3. reasons for sending him; to ascertain state and condition of those places for trade, &c., and parts and branches of revenue, and other profits, certain, or incidental or casual, " as I am proprietor of said places ;" also of rent, expenses and charges for their support.
On his arrival at New York, he is to apply to Andross, and demand to be sent him such persons, and books and papers, relative to customs, &c. ; "if in his possession, demand them · of him, and let him know it is my pleasure to deliver them to you."
2d. Same respecting lands, from all which you are to make a statement, what rent or tax every person at New York, Esopus, Albany, Long Island, and all other places do or ought to pay ; how and when due and paid ; amount; who hath re- ceived it for six years past ; for what use paid ; profit from weigh-houses ; value of tap licenses ; why a difference between New York and Long Island for raising money ; inquire for six years past, is there a poll-tax; fines, forfeitures, and seizures ; largest income from customs ; look out for frauds ; what cus- toms on exports and imports, especially tobacco, rum, and
1 New Castle Records, p. 313, and London Documents, vol. iii. p. 1.
1680.
Instructions for Levin.
472
CHARLES II .- JAMES, DUKE OF YORK.
1680.
other liquors ; inquire what number of whales killed in six years ; whalebone, oil, and " what my share," and whether I get it, or who does ; what value of goods exported from Eng- land to New York : how many ships for America, and from Holland, &c. ; expenses of government for six years ; what obstacles to trade, and what encouragement wanted.1 From which it would appear he had undertaken a pretty serious business.
Andross or- dered to England.
By a letter of the same date, informing him of Mr. Levin's appointment, Governor Andross is instructed to go to Eng- land, on Mr. Levin's arrival, and to leave Lieutenant Brock- holls in charge of the government. (See November 25.)2
Governor Andross commissions justices of the peace for the several districts of Delaware, viz.
June 7. Justices for the three lower coun- ties.
For New Castle and dependencies, John Moll, Peter Al- ricks, Gerrit Otto, Johannes De Haes, and William Semple.
For Upland court or county,3 Otto Ernest Cock, Henry Jones, Israel Helm, Lasa Cock, and George Brown.
For St. Jones and dependencies, from south side of Duck Creek to north side of Cedar Creek, Francis Whitwell, John Hillyard, Robert Hart, and Edward Pack.
For Whorekill and dependencies, beginning at south side of Cedar Creek, downwards, Luke Watson, John Roades, John Kipshaven, Otto Woolgart, or Woolast, [Breviat,] and William Clark.4
June 11. Lands grant- ed near Bom- bay Hook. June 22. E. Herman, surveyor in place of Po- cock. .
A grant to Ephraim Herman, of lands formerly granted to John Morgan and John Derney, who did not improve them, and are since dead, lying on west side of Delaware, towards the mouth, between land of Morris Liston and Duck Creek, (near Bombay Hook,) 300 acres each.
Ephraim Herman is appointed surveyor for New Castle and Jones, in place of Philip Pocock, deceased, " to survey and lay out land as a surveyor ought to do," according to war- rants from governor, or on extraordinary occasions, for the benefit of the place, to fit persons, making due return to the secretary.5
June 18.
The commissions of the justices at Upland are renewed for
1 London Documents, at Albany, vol. i. p. 3. 2 Ibid. p. 12.
3 This is said, in Breviat, quoting from N. Y. Records, to be " the first com- mission for this new county of Upland."
4 New Castle Records. Albany Records. Reg. Penns. vol. iv. p. 81.
5 Ibid. Reg. Penns. vol. iv. p. 87.
473
1680.
court ex- penses. Court moved to town of Kingsesse.
house at Kingsesse. June 22. Warrant against J. Young, for treating with In- dians.
DEPUTY GOVERNOR EDMUND ANDROSS.
a year, viz. Otto Ernest Cock, Israel Helm, Henry Jones, Lauren Cock, and George Brown.
The court order, that for defraying the charges of the sit- tings of the court, each person is to pay one schipple of wheat Levy for per year, or 5 guilders, according to former orders.
Upland Creek, where the sessions of the court had hereto- fore been held, being at the lower end of the county, they resolve, " for the greater ease of the people," for the future, to sit and meet at the town of Kinsesse, on the Schuylkill.
A thresh-house, and J. Nelsen's garden, at Kingsesse, are A thresh- spoken of as on land granted by Sir R. Carr, June 4, 1673.1
Governor issues a warrant to Sheriff Cantwell, requiring him to summon Jacob Young to appear personally before go- vernor and council at New York, to answer for presuming to treat with the Indians in this government, without any authority, to the disturbance thereof.2
Having traced the history of the settlements along the Delaware from their origin, and furnished incidents sufficient June 24. to mark their progress, we have reached the period in which we have a more special interest. William Penn, as has been partially seen, became, a few years since, associated with others in the settlement of Jersey, thus affording to him the means of obtaining much accurate information with regard to the country generally. Much of his life, hitherto, had been passed in religious controversies and visits, and sufferings arising out of them, a full account of which will be found in Clarkson and other writers, who have made it their business to present a view of his whole life. Our duty is with his acts in reference to the settlement of our own state. In 1670, he lost his father, whose death placed him in possession Death of Ad- of an estate estimated to be worth, at that time, not less than miral Penn. £1500 a year. Two years after, he, in the twenty-eighth year of his age, married Gulielma Maria Springett, daughter Marriage of of Sir William Springett, said to have been a lady of great Wmn. Penn. beauty and sweetness of disposition. IIe took up his resi- dence at Rickmansworth. For several years, he appears to have devoted much of his time to the duties of his ministry. In 1675, he first became connected with affairs in Jersey, becoming more and more engrossed with them, down to this year, when he began seriously to think of winding up the estate of his father. The government, it appears, was in-
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.