History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 3

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162

USA > Pennsylvania > Chester County > History of Chester County, Pennsylvania, with genealogical and biographical sketches > Part 3

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).

The inhabitants were required, " by a plurality of votes," to nominate for each court eight persons as magistrates. From these the Council at New York selected the justices of the several courts.

Peter Alrichs was appointed by Governor Colve com- mander and schout, and Walter Wharton was reappointed surveyor of the South River district. Peter Alrichs took his oath of office and allegiance without reservation, but Wharton, being an Englishman, made it a condition in his fealty that he was not to be forced to bear arms against his own nation. Alrichs was appointed to administer the oath of allegiance to the inhabitants of the South River, and also authorized to enlist ten or twelve soldiers "on govern- ment account," including two corporals.

By virtue of the treaty of peace between England and the Netherlands, signed on the 9th of February, 1674, it became necessary to restore these possessions again to the English. Edmund Andros was appointed Governor of New York, July 15th, and upon his arrival received possession from Governor Colve.

Edmund Cantwell and William Tom were commissioned, November 6th, by the Governor to take possession of the fort at New Castle, and of all military stores there, or on any other part of the river, on behalf of his majesty of Great Britain. Under this commission, in the record at Albany, is the following list of justices :

" Names of ye Justices for Newcastle are : Mr. Hans Block, Mr. Jnº Moll, Mr. Fopp Outhout, Mr. Joseph Chew, Mr. Dirick Alberts. For the River: Mr. Peter Cock, Mr. Peter Rambo, Mr. Israel Helm, Mr. Laers Andrieson, Mr. Wolle Swain."

These justices had no formal commissions issued to them at this time, but simply an order from the Governor, directed to them under the title of commissaries, "to resume their places as magistrates." Capt. Edmund Cantwell was comniis- sioned, November 11th, to administer to these justices their official oath, he having been reinstated in his office of sheriff or schout. Capt. Cantwell, in conjunction with Johannes De Haas, was also appointed collector of quit-rents on the Delaware, and of all other duties, whether custom or excise.

The above justices were commissioned Feb. 28, 1675, to hold a court of oyer and terminer at New Castle for the trial of a special case.

Capt. Cantwell, besides holding the office of sheriff, ap- pears to have been intrusted with the charge of affairs gen- erally on the Delaware.

Governor Andros visited the Delaware in May, 1675, and on the 13th and 14th of that month held a special court at New Castle, at which it was ordered " that highways should be cleared from place to place within the precincts of this government;" that the church in the town should be regu- lated by the court ; that the " meeting at Crane Hoeck do continue as herctofore ;" and " that the church att Tinne- cum Island do serve for Upland and parts adjacent." There being no church higher up the river, the magistrates of Upland were ordered to have one " built att Wickegkoo, the whch to bee for the inhabitants of Passayunk & so up- wards." They were empowered to raise a tax for this pur- pose and to maintain a minister. Liquor was not to be sold to the Indians in less quantity than two gallons at a time, and distillation from grain was prohibited.

Dr. Smith says,-

"This is the earliest record of the proceedings of any court on the Delaware. They are recorded incidentally among the proceedings of the regular New Castle court for the early part of 1677 (N. S.). The

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

functions of this court, which was intended to be held annually, were rather legislative than judicial. The order 'that highways should be cleared from place to place' seems to have been the first step taken for the establishment of roads in the States of Delaware or Pennsyl- vania. It is our first road law.

" As early as 1672 the Court of Assizes, held at New York, ordained in respect to parochial churches, 'that ye law be attended (to); but although persona bee of different judgments, yet all are to contribute to ye allowed minister.' Strangely as this ordinance may contrast with the liberty of conscience granted in the articles of capitulation, when the country was first surrendered by the Dutch, it will suffi- ciently explain the order of the special or general court st New Castle to the Upland court, in relation to the maintenance of the minister for the new church at Wiccaco, and the action of this court in respect to such matters that followed."

Lord Berkeley having conveyed one moiety of New Jer- sey to John Fenwick, in trust for Edward Byllinge, a num- ber of persons arrived in the ship " Griffith" in 1675, and settled at Salem, under the auspices of Fenwick. Robert, Edward, and John Wade, and Richard Noble were among the passengers, the first of whom settled on the west side of the river at Upland, where William Edmundson, an eminent minister of the Society of Friends, found him when traveling through the country in the same year. Some others of the passengers by the "Griffith" are be- lieved to have settled at Upland, but their names are un- known.

On the 23d of September, 1676, Capt. John Collier was appointed " Commander in Delaware River and Bay," and on the same day justices of the peace were commissioned for the jurisdictions of New Castle and Upland for one year or till further order. Ephraim Herman was appointed clarke of both courts.

The records of Upland court from this time to the ar- rival of Governor Markham, in 1681, are in the possession of the State Historical Society, and have also been published by the society, with a valuable introduction and notes by Edward Armstrong, Esq.

The following letter of instructions from the Governor very fully explains the character and jurisdiction of the court :

" EDMOND ANDROS, Esqr: & Seigneur of Snusmarez, Lieut: & Gov- ern': Gen11; under his Royall Highnesse Jnmes Duke of Yorke nnd albany, etc : of all the Territories of America:

" Wherens, The Last Ieare att my beeing att Delowar uppon appli- cation of the Inhabitants Representing that my prdecessur Govern" Lovelace had begun to make a Regulacon for the dne administracon of Justice according to the lawes of this Gouernment, pursuant to wich I: did appoint some majistrates and made some Rules for their pro- ceeding the Ieare e'suing or till further order ; In which haveing uppon mature deliberation, by the advyce of my Councill made some altera- con, They are to Remaine and bee in force in forme following :

"1. That the bookes of Lawes Establisht hy his Royal Highnesse and practized in New Yorke, Long Island, and dependences Bee Likewyse in force and practice in this River, and precinets, except the Constable's Corts : County Rates and some other things; Peculiar to Long Island,-and the militia as now ordered to Remain in the King; But that a Constable be Iearly in each place chosen for the preservation uf his Mnyties peace wth all other Powers as Directod by Lawe.

"2. That there hec three Courts held in the severall parts of the River and Bay, ns formerly, to wit, one in New Castle, one above att upplands, another below at whorekills.

"3. That the Courts consist of Justices of the Peace, whereof three to make a coram & to have the power of a Court of Sessions & decide all matters under twenty pounds wthout appeall. In wch Court the Eld- est Justice to praide unlesse otherwise agreed amunghst themselves,

above twenty pounds & for cryme, extending to Lyfe, Limb, or ban- ishment to admitt of appeale to the Curt of Assize's.

"4. That all small matters under the vallue of fyve pounds may bee determined by the Court without a Jury, unlesse desiered by the partees, as alsoe matters of Equity.

"5. That the Court for New Castle he held once a moneth, to begin the first Teusday in Each month, and the Cort for uppland and the whoorekill quarterly, and to begin the second Tuesdny of the month or oftener if occasion.

"6. That all necessary By-lawes or orders, not Repugnant to ye Lawes of the Government, made by the said Courts, bee of force and binding, for the space of one whole Ieare, in the severall places where made, They giving nu nocount thereof to the Governor by the first opportunity :- and that no fines bee made or imposed but by order of Court.

"7. That the several Courts have power to Regulate the Court and officers' fees, not to Exceed the Rates in the Booke of Lawes, nor to bee under halfe the vallue therein Exprest.

"8. That there bee a high Sherife for the Towne of New Castle, River, and Bay, and that the sª High Sherrife have power to make an undersherrife or marshal, being a fit prson, and for whom hee will bee Responsable, to bee approved by the Court. But the Sherrife, as in England, and according to the now practice on Long Island, to act as a principal! officer for the Execution of the Lawes, but not as & Jus- tice of Peace or magistrate.

"9. That there bee fitting Bookes provyded for the Records, In which all judiciall proceedings, to bee duly and fairly entered as also publicq orders from the Governor, and the names of the magistrates and officers authorized, wth the tyme of their admission. The sd Records to be kept in English, to wich all prsons concerned may have free Recourse at due or sesonable tymes.

"10. That n fitt prson for Clarke (when vacant) he recommended by Each Court to the governor for his approbation, in whose hands. the sd Records to bee kept.

"11. That all writs, warrants & proceedings att lawe shall be in his mayties name. It haveing been practized in the Governmt ever since the first writing of the Lawe book, and itt being his Royal High- nesses special Pleasure and Order.

"12. That nu Rates bee Imposed or Levys of mony made wthin the Towne uf Newcastle River, or Bay by any, under what denomination soever wthont the approbation of the Govern", onlesse upon Extraor- dinary occasion in Case uf necessity, of whch the Governor to have ptsent acct sent him. That upon the Levy of any Rates there be & faire ncet kept both of the Receipts and disboursments, wch account to be Given in to the Cort there to bee past and then sent to the Gov- ernor for his allowance, until wich not to bee a sufficient discharge.

" Whereas by this regulation there are no overzeers apointed nor Contstables Courts, but all matters to bee determined by the Justices ; I: doe therefore Recomend the Composure or Referring to arbitracon of as many matters particularly under the vallue of fyve pound as may properly be determined that way, Provided it may bee by the consent of Partees ; That any prson desiering Land make application to the Court in whose bounds itt is, whoe are required to sitt once n month or oftner if there bee occasion to Give order therein & certify to the Governor for nay Land not taken upp and Improved fitt pro- portions, not exceeding ffty neres pr head unlesse upon Extraordinary occasions where they see goud Cause for itt, wch Certificate to hee a sufficient nuthority or warrt for the surveigors to surveig the same and with the Surveigors Returne to bce sent to New Yorke for the Gov- ernors approbation ; That in the Certificates be specified how much upland and meaddow wth due Reguard that Each may have a propor- tionable sheare, according to the place they are in Landward; Given under my hand and seale in New Yorke, the 25th day of September in the 28th Icare of his mayties Reigne, nº Dom : 1676.

(Signed) "E. ANDROSS."

The recently appointed justices, according to the record, held their first eourt at " Uppland in Delowar Riuer" on the 14th of November, 1676. After they had been sworn iuto office, the first act of the court was to order " that Mr. Tom, the former Clarke, should deliver unto the present Clarke, Eph. Herman, the Records and other publiq bookes and wrytings belonging to this Court." Nov. 13, 1677,

GENERAL HISTORY.

this order was repeated, and " Mr. Tom being sent for and apearing in Court, promissed to doe the same."

Owing to the death, about this time, of William Tom, it is likely the order was not obeyed. No records of a former court are known to exist. The same facts are true of the New Castle records.

The court was held at the house of Neels Laerson, who also entertained the justices. The account made out by the court of the public indebtedness to Laerson for " the Charges of Keepeing of Court and Justices dyet there," establishes the fact that the former court, of which the records have not been discovered, was held at the same place. Laerson probably kept a public-house. His charge for entertaining the court during its present sitting, which appears to have lasted but one day, was one hundred gil- ders.

Some apprehensions of trouble with the Indians arising, the justices had a meeting with Capt. John Collier, at which it was concluded that the latter, with Israel Helm, should go to Shackamaxon and have a conference with the Indians. This conference was held from the 4th to the 18th of March, 1676-77, at a cost of two hundred and fifty gilders to Upland district.

The following is a specimen of the judicial proceedings at a court held June 13, 1677 :

" JUSTICE ISRAEL HELM, PIt.

"OELE OELSEN (als) COEKOE, Deft.

" The Plt Complaines that at the plantat" of Juns Justesse, in his house, hee the plt was first wth Evill words abused hy the deft, and afterwards by him heaten, and his shirt all torne In peces hy the sd deft, and therefore desiers yt the Court will Inflict punishment ac- cording to the meritt of the sd deft, and that as hee is one of the mem- hers of the Court, hee may hee so maintained."

"The deft sayeth that the plt hath first struck him, etc.

" The High Sheriffe, Capt" Edm. Cantwell desiers that the Court will take the case in Consideracion, and not suffer that a Justice of the Peace shall bee so ahused !

"The Court haveing Examined into ye whole businesse, and heard the dehates of hoth partiees, together wth the Testimony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of twoo hundered and Ten gilders ; sixty thereof for the poore or Church, and the remainder 150 gilders to the Sheriffe, and doe further order yt the sd oele oelsen doe humbly aske forgiveness of Justice Israell Helm and the Cort for his sd offence.

" The Cort & High Sherife Conciedering that the sd oele was a poore man with a great Charge of Children, upon his humble sub- mission did Remit & forgive him the one hundred and fifty gilders fyne."

Albert Hendricx, having served out " his Jeare" as con- stable, was dismissed by the court at his own request, and William Orian appointed " Constable for the jurisdiction of this court" in his place. Hendricx (Hendrixon) is the first person known to have held office in Pennsylvania.

Jurian Hartswelder (Hartsfelder), the deputy sheriff, being about to remove farther up the river, resigned his office. He was succeeded by Michael Izzard.

The last adjustment of the dividing line between Upland and New Castle of which there is any record, seemed to fix the division between the two districts about the Christina ; but a mandate issued from the New Castle court on 18th of September of this year, of which the following is an ex- traet, would indicate that a different arrangement had been made :

"To Mr. Charles Ramsey, Constable In Christeena :

"You are requested in his Mayta name to take a true and exact list of all the Tydahle prsons from 16 to 60 years of adge wthin the bounds, weh is all ye north syde of Cresteena Creeke up as far as ye boght Creeke, above ole fransens house, & ye names of ye gd Tydables to bring . . . . "

At a meeting of Mr. John Moll, president of New Castle court, with the justices of the Upland court, held at Up- land on the 12th of November of the following year, the above division was confirmed and extended ; the county of Upland was " to begin from ye north syde of Oele fransens Creeke otherways Called Steen Kill, Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye singletree point on the East syde of this River." In other directions, Upland County extended as far as settle- ments had been made; and although the authority of the Duke of York to govern New Jersey had been resisted by Fenwick and others, it had been maintained on the ground that the sovereignty of the country did not pass to Carte- ret and Berkeley, the purchasers of the soil. Fenwick, for attempting to exercise authority independently of Governor Andros, had even been forcibly arrested in his own house, and sent to New York, where he was for some time imprisoned. This will account for the jurisdiction of the courts on the west side of the river being extended into New Jersey.

It had been supposed that a tax could only be levied by the authority of a general court; but the Governor, upon application being made to him for the holding of such a court in order to authorize a levy, decided that every court had the power "to make fitting rates for the highways, poor, and other necessaries as is practiced in England." The Governor had authorized a levy of one pence per pound on every man's estate towards paying public expenses, but the justices of New Castle obtained authority from his excel- lency to substitute a poll tax, representing the inconsider- able value of estates, the difficulty of determining that value, and the distance of the people, as their excuse for asking the change.

The unliquidated expenses of Upland County had by this time so much accumulated as to present an alarming aspect of indebtedness, when the means of liquidation are considered. This indebtedness embraced the following items :

"To neels Laerson for ye Courts Expensis to this day, Ex-

cept 200 gilders hy Capt" Cantwell paid him before, there be- G. 639 ing no other accommodation for ye court.

To Lace Cock, for Expensis of ye Comandr and Simnico In-

dians last spring ; ye acct being allowed by ye Court. 250

The woolves heads in this Cort, not all brought in yet, but computed hy ye Court .. 420

To ye Clercq allotted by ye Court for bis several Extraor-

200 dinary services to ye Cort, etc .. To Justice Israell helm for his severall services to ye Coun- try as Interpreter about ye Indians 400 To Capt" Cantwell, wch hee hath pd to neels Laerson l'or ye Courts accommodations, etc .. 200

Justice Otto Ernest for sundry Expensis on ye publicq acct.

of wch hee hath not yet brought In his acct. of perticulars ....

300

Lace Cock for Expensis when his hon" ye governor was there. I12

Peter Rambo demands for Expensis when his honor the Gov- ernor was there, 800 gildrs 800

. Capt" Cantwell proffered in Court to pay him 400 gilders wch hee refused, soo that this is left to his honor to judge of.

G. 3321 Besides fees due for ye collecting the sd Levy."

At the November court of this year the justices decided to levy a poll-tax of twenty-six gilders upon each tydable

HISTORY OF CHESTER COUNTY, PENNSYLVANIA.

(taxable) person, which included every male inhabitant in the county between the ages of sixteen and sixty years, ex- cept the justices, who were by the duke's laws exempt from the payment of taxes, except for the support of the Church. This levy was to be collected by the high sheriff before the 25th of the following March, and instead of money he was authorized to receive " wheat at fyve, Rey and Barley att four Gilders + scipple, Indian Corne at three gilders scipple,* Tobbacco at 8 styvers { pound, porke at Eight and bacon at 16 styvers # fb : or Elce In wampum or skins att pryce Courrant: The Court further ordering and Impowring the high Sherrife, Capt" Edmond Cantwell, to Receive and Collect the same sume of 26 gilders from Every Tydable in the annexed List," etc.

"A LIST OF THE TYDABLE PESONS.

ATT TAOKANINK (TACONY.) | Bertell Laersen 1

oele neelson & 2 sons ....

hans moens

Erick Poulsen.

1 1

Casper fisck

Jan Corneliss" & son

mort. mortense, Senior

hans Jurian

Lace mortense

michill fredericks

Justa Daniells & servant.

anthony matson 1

Jonas Juriaenseo ..

1 1

Jacob hendricx 1

mioens Cock

UPLAND.

Peter ocalson.

gunnar Rambo.

Claes Schram. 1

Lace Cock & servant

Robberd Waede. 1

michill nealson.

Jan hendricx 1

andris Swen & father.

Rich : Bobbinghton

James Sanderling & slane.

Swen Swenson & son

John Test & servant ..

John Stille

Jurian kien

Swen Lom.

1 Rich : noble.

oele Stille.

Neels Laerson & son

andries Benckes

henry bastings

Jan Mattsoo

will : woodman & servant

John hayles.

mich : Yzsrd

mathias Claassen

franck walcker

Will Thomasse.

Peter Inatson.

Jan Jansen 1

will : orian .. 1

Jan Schoeten

Daniell Linsey 1

Jan Justa and 2 sons.

morten Knoctsen 1

Jonas nealson & son

Knoct mortensen 1

Peter andries & son

albert hendricx

Lace Dalbo.

1 Oele Coeckoe.

Rynier Peterssen

1 Carell Jansen.

oele dulboo

1 oele Raessen

andries Boon

Thom : Denny.

Swen Boen

Jobn Browne.

Pelle Rambo, Junior.

Rich : fredericx

andries Rambo.

1 hans Oelsen ..

Richard Duckett.

1 Tho : harwood

Jurisn hertsveder.

Andrics Inckhoorrn

Jan Cock

Rodger Pedrick. 1

Peter Cock, Junior.

Cristaen Cluassen. 1

harmen Ennis ..

1 Jacob Clocker 1

arian andries at Peter Ram- boos

EASTERN SHOURE.

ATT CARKOENS HOEK.

andrics homman & son.

Benck Saling.

andries Saling

Laers Boer.

moens Junsen 1

Pelle Puttke 1

harmen Jansen 1

hendrick holman

CALKOENS HOEK.

mort mortenson Junior .. 1

* A scheepel, Dutch for bushel, is equal to three pecks, English.

Dr. Smith estimates the population of Upland County at this time to have been about six hundred, a smaller num- ber than might be looked for from so old a settlement. But few of them were English.

The justices becoming tired of holding court in a public house, " Capt" Hans Jergen is ordered & desiered by the court to warne his men belonging to his Company, and wth them to fitt up and finish ye house of defence att upland fitt for the court to sitt in, against ye next Court."

Since the arrival of Fenwick, owing to difficulties about the ownership of West Jersey, there had been no arrival of settlers for that province until this year, when three ves- sels arrived-the " Kent," the " Willing-Mind," and the fly boat " Martha." These were all well freighted with members of the Society of Friends, the greatest number of whom settled at and near Burlington ; some settled at Salem, and a few found their way to the western side of the river. Among the latter were William Clayton, Mor- gan Drewett, William Woodmancy, and William Oxley, and probably Henry Hastings and other Englishmen, whom we first find settled in the vicinity of Upland about this time.

The following is from the court records of 1678 :

"Jan Cornelissen of Amesland complayning to ye Court that his son Erick is bereft of his naturall sences & is turned quyt madd and y* : hee being a poore man is not able to maintaine him; -- ordered: that three or 4 prsons hee hired to build a Little Blockhouse at Ames- land for to put in the sd madman, and att the next Court, order will bee taken yt: a small Levy bee Laid to pay for the building of ye house and the maintayning of ye sd mad man according to Lawes of ye government."

Besides the grants for taking up land, which were made by the court and entered on the minutes, there was also a memorandum made of each deed of conveyance from owner to owner. Thus, at a court held June 18 (?), 1678, a deed was acknowledged by Carell Junsen to " Morgan Druit, late of London, mariner," for a part of the land formerly of Hans Hofman, at Marcus Hook; the deed bearing date the 18th of June. At the same time

"Jan Hendriksen, of Delowar River, husbandman, apeared in Court, and then and there did aknowledge a Certayne deed or Trans- port unto Rodger Peddrik, of all his the said Jan hendriksen's Right, Tytle and Interest of all the Land & appurtenances Lying & being on the West syde of delowar River, called & knowne by the name of marretics hoeck, the whole trnot of inarreties hoeok Land being granted and confirmed by Pattent from the Right honoble governor andros, bearing date the 28th of march, 1676, unto the six possessors thereof, vizt : Charles Jansen, Oele Raessen, hans oclseo, oele neelsen, hans hofman and him the sd Jan hendriok, and containing in the whole one thousand acres of Land; wch sd deed was signed, scaled and de- livered hy the sd Jan hendricks in the prsence of Johannes De haes and Carrell Junsen, and beares date ye 18th day of June, aº 1678."

A ship from Hull arrived at Burlington this year. Among the passengers was Thomas Revel, who settled for a time within our limits, and was the clerk of the first court of Chester County.

hans Peters I

hans hofman an his 2 sons ....

Peter freeman

Poull Corvorn 1

136

136 Tydables in Upland Juris- diction."

1 1 1

Christineu Tomasse.

Jan Bertelson

Peter Jookum & servt

1 neels matson

llend : Jacobs upon ye Isld

Erick Cock & servant

2 ocle Swensen his servant

dunck Williams

Tho : Jacobs

Jan Claassen & 2 sons.

MARR: KILL (MARCUS HOOK.)

Jan Boelsen.

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History of Chester County, Pennsylvania, with genealogical and biographical sketches, Part 3

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928 Publication date: 1881 Publisher: Philadelphia, L. H. Everts Number of Pages: 1162

Author: Futhey, John Smith, 1820-1888; Cope, Gilbert, 1840-1928
Publication date: 1881
Publisher: Philadelphia, L. H. Everts
Number of Pages: 1162