USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 12
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At a council held at New York on the 25th of September, at which Peter Alricks was present to give particular information in respect to the two murders committed by the Indians; as to the number of Indians, &c. One proposition for having the mur- derers destroyed, came from an Indian sachem. It was "to cause a Kinticoy3 to be held, and in the midst of their mirth.
1 Sec. State's Office, Albany-" Court of Assizes," ii. 502.
2 Ib. 713 to 720.
3 Did our word " Cantico" originate with the Indians ?
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HISTORY OF DELAWARE COUNTY.
1671.]
that then one should be hired to knock them in the head."1 Two days previous to this meeting, Governor Lovelace had notified the Governor of New Jersey, that the Indians accused of the murder were within his jurisdiction, at a place called Suscunk, four miles east of Matiniconk Island, where the murder was committed.2
The officers on the Delaware had become very apprehensive that an Indian war was about to break out, and had communi- cated their views to the Governor and council. In reply, orders were issued for placing the settlement in the best possible posi- tion for such a contingency. Orders that had already been given by the local authorities for the people to retire into towns for their better security, were approved. Every person "that could bear arms, from sixteen to sixty years of age, was to be always provided with a convenient proportion of powder and bullets ;" no powder or ammunition was to be sold to the In- dians ; no corn or provisions to be transported out of the river, and the Susquehanna Indians or others were to be induced, by appropriate rewards, "to join against the murderers and such as should harbour them."3
The Governor of New Jersey, after receiving notice, was in a very short time, "prepared with a handsome party ready to have stepped into the work to bring the murderers to condign punish- ment." But the backwardness of the people of the Delaware, "put a stop to the forwardness of those of New Jersey." This was in the month of November; and although, one month earlier, Carr had been instructed by the Governor, that the season of the year was unfit for the commencement of an Indian war, his excel- Iency made the fact of the New Jersey preparations the occa- sion to administer to that officer a severe rebuke for his tardi- ness and neglect of duty.
But the masterly inactivity of Commander Carr, proved to be the wisest policy, and still preserved the country of the Delaware in its peculiar exemption from hostilities between the Indians and whites. In cleven days after Alrick's return from New York, a conference was held at Peter Rambo's house with the Indian sachems, which resulted in a promise by them to bring in the murderers within six days, dead or alive. One of the criminals made his escape, while the other-the more courageous of the two, allowed himself to be surprised. One of the two Indians in pursuit, being his friend, was unwilling to shoot him, but finding that the sachems had said he must die, and that his brothers were of the same opinion, he was shot at his own request.
1 Sec. State's Office, Albany-" Council Book," ii. 71.
2 Sec. State's Office-" General Entries." iv. 35. This island is nearly opposite Burlington.
3 Haz. Ann. 392.
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HISTORY OF DELAWARE COUNTY. [1672.
His body was removed to Wiccaco, and from thence to New Castle where it was hung in chains. William Tomm who com- municated this information to the Governor, became satisfied from the conduct of the sachems, that they desired no war. The sachems promised to bring in the other Indian alive, and to the young men brought with them, they held up the fate of the murderer, as that which should be visited on every Indian who should act in like manner.1
A prohibition had been in force against vessels trading direct- ly to any point on the river above New Castle. This prohibition was removed early in 1672, in respect to such vessels as sailed from New York. Immediately thereafter, a pass was obtained by the wife of Laurs Holst, "to go in the sloop of Krygier to Delaware, and thence up the river in some boat or canoe, to the Swedes' plantations, with shoes and such other of her husband's trade, and return without hindrance."2
Early in this year, ample preparations were made by Governor Lovelace for a visit to the Delaware by the overland route, cross- ing that river at Matineconk Island near the present town of Burlington. A body guard and an advanced guard were ap- pointed, and instructions were sent to the river to make prepara- tions for the reception of his Excellency. If this visit was ac- complished, it was without result, or there has been an omission to record anything that transpired on the occasion, or if recorded, the record has been lost.
English laws are now to be established more fully on the river. The office of Schout is to be converted into that of sheriff, to which office Edmund Cantwell received the appointment, as well as to that of collector of quit rents on the Delaware, William Tom having resigned the latter office.3
In August of this year, the court of Upland, is authorized, with the assistance of one or two of the high court, to examine into a matter of difficulty between "Jan Cornelis Mathys and Martin Martinson, [Morten Mortenson, ] inhabitants of Amesland," and Israel Helme, about " a parcel of valley or meadow land, upon an island over against Calcoone Hook."4
The daughter of Governor Printz still resided on the river, but it will appear from the following order of the Governor made upon her petition, that she did not live in much affluence :
" Whereas Jeuffru Armigart Printz, alias Pappegay, living in Delaware River, did make a request unto me, that in regard she lived alone, and had so little assistance by servants, having only one man-servant, and likewise in harvest time, or other seasons of the year for husbandry, when she was constrained to hire
1 Sec. State's Office, Albany-" General Entries," iv. 74 ; Haz. Ann. 393.
2 Haz. Ann. 395.
3 Sec. State's Office, Albany-" General Entries," iv. 184. 4 Ibid.
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HISTORY OF DELAWARE COUNTY.
1672.]
other people to help her, for whose payment in part, and relief also, she was wont to distil some small quantities of liquors from corn, as by divers others is used in that river, that I would ex- cuse her man-servant from ordinary attendance at trainings in the company in which he is enlisted, and also give her license to distil in her own distilling kettle, some small quantities of liquors for her own use, and her servants and laborers upon occa- sions as before mentioned. I have thought good to grant the request of said Jeuffro Pappegay, both as to the excuse of her servant's being at trainings, (extraordinary ones, upon occasion of an enemy or invasion, excepted,) and likewise that she have license to make use of her distilling kettle as is desired, provided it be done with such moderation, that no just complaint do arise thereby, to continue one year."1
The limited means of Mrs. Papegoya is accounted for by the fact that she was engaged in a heavy law suit for the recovery back of the Island of Tinicum. There had been a trial in the " High Court on the Delaware," from which the case was taken by appeal to the Court of Assizes at New York, where it is thus set down :
"Jeuffro Pappegay ) als. N. Y. Oct. 2, 1672.
Armigart Prince VS.
Andrew Carr and Margaret Persill, [Priscilla ] his wife, by John Carr their attorney." The case was tried on the 12th, 13th and 14th days of October. Various documents were read on the trial, translations made and interpreters employed. The counsel for the defendant desired time "for other witnesses out of Hol- land," but it was thought fit "to delay the case no longer ; so the court recommended it to the jury," who brought in the following verdict.
" In ye case depending between Armgart Prince, als. Mrs. Pappegay Ptff., and Mrs. La Grange, Deft., ye jury having seriously considered the Matt", do find for ye Ptff., and award ye Deft. to pay ye principall wth costs of suite and all just damages."2
Execution was issued against Andrew Carr and his wife Per- sill in Delaware river and precincts for three hundred and fifty pounds with costs, for the use of Jeuffro Armgart Prince, " and for that it is thought the most considerable part of their pro- perty is upon the Island of Tinicum," the sheriff was empowered " to put the said Jeuffro Prince in possession of the said Island and the stock thereof * * * * "3
The celebrated George Fox, the founder of the religious Society
1 Haz. Ann. 399; N. Y. Sec. State's Office, Albany-"General Entries," iv. 190.
2 Sec. State's Office, Albany-" Court of Assizes," ii. 293-304.
3 Ibid, " General Entries," iv. 261.
7
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HISTORY OF DELAWARE COUNTY.
[1672.
of Friends, in returning from a religious visit to New England this year, had occasion to pass through the whole extent of the territory now included in our County, but it appeared he had no mission to the Swedish settlers here. According to his own account, after remaining all night in a house near the present site of Burlington, " which the Indians had forced the people to leave," and which he speaks of as the "head of Delaware Bay," he says: "The next day we swam our horses over a river about a mile, at twice, first to an Island called Upper Dinidock (Tene- conk), and then to the main land, having hired Indians to help us over in their canoos. This day we could reach but about thirty miles, and came at night to a Swede's house, where we got a little straw and lay there that night. Next day, having hired another guide, we travelled about forty miles through the woods, and made us a fire at night, by which we lay, and dried our- selves; for we were often wet in our travels in the day time. The next day we passed over a desperate river, which had in it many rocks and broad stones, very Hazardous to us and our horses. From thence we came to the Christian-river, where we swam our horses, and went over ourselves in canoos. From thence we came to a town called New Castle, heretofore called New Amsterdam: And being very weary, and inquiring in the town where we might buy some corn for our horses, the Gover- nor came into the street and invited me to his house: and after- wards desired me to lodge there; telling me he had a bed for me, and I should be welcome."1
The Brandywine is sufficiently identified by its "rocks and broad stones;" but in reaching that "desperate river" from the point at which he crossed the Delaware, our worthy preacher has greatly over-estimated the distance. Benj. Ferris2 supposes the Swede's house, at which he lodged, was at the Blue Bell tavern, near the site of the Swede's mill. To have reached this point, he would have passed over fully one-half of the distance from Upper Dinidock to the Brandywine. But the Swede's house was thirty miles from the former and forty from the latter; and as the mill, then a rarity in the country, is not mentioned, and the Swedish settlements of Upland and Marcus Hook are not noticed, it is probable our travellers crossed the country higher up.
A war broke out between the English and Dutch in 1672, but scarcely any notice appears to have been taken of the matter
1 George Fox, his Journal, ii. 194.
2 Original Settlements on the Delaware, 131. Our author has also fallen into the error of supposing that the Governor mentioned by George Fox as lodging him at New Castle, was Lord Lovelace. Lord Lovelace was not on the Delaware at that time. It is Capt. John Carr, sometimes ealled Governor, who is entitled to the credit of extending to the eminent Quaker, such marked civility.
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HISTORY OF DELAWARE COUNTY.
1673.]
in this country, until a Dutch fleet under the command of Com- modores Cornelius Evertse and Jacob Benekes, appeared before the fort at New York, on the 6th of August of the following year. After making a slight resistance, the fort was surren- dered, and the whole country submitted again to the authority of the Dutch. This happened in the absence of Governor Love- lace, who was at New Haven.1
The two Commodores immediately issued their proclamation appointing Anthony Colve, a Captain of Netherland infantry, to the office of Governor-General of New Netherland, embracing the full dimensions it possessed previous to its surrender to the English, which included the whole of New Jersey.2 There ap- pears to have been a ready submission to the Dutch authorities, deputies appearing before the Commanders, including Colve ; who constituted a kind of Military Council, and held their sit- tings at Fort William Hendrick, the name now given to the fort at New York. The deputies from the Delaware appeared before this tribunal, and gave in "their submission to their High Mighti- nesses the Lords States General of the United Netherlands, and his Serene Highness the Prince of Orange, on the 12th of Sep- tember." In return, they obtained for their constituents, among other privileges, "free trade and commerce with Christians and Indians;" freedom of conscience; security in the possession of their houses and lands, and exemption from all rent charges and excise on wine, beer and distilled liquors consumed on the South river. This last privilege was granted in consideration of the expense the inhabitants would incur "in erecting the fort," and was to continue till 1676-" Those of the English nation to enjoy the same privileges upon taking the oath of allegiance." At the same time, three Courts of Justice were established on the Delaware-one at New Amstel, one at the Hoern Kill and one at Upland. The jurisdiction of the Upland Court extended provisionally from the east and west banks of Kristina Kill up- wards unto the head of the river."
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 seve- ral Courts.3
Peter Alrichs was appointed by Governor Colve, Commander and Schout, and Walter Wharton was re-appointed Surveyor of the South River district. Peter Alrichs took his oath of office and allegiance without reservation, but Wharton being an Eng- lishman, made it a condition in his fealty, that he was not to be forced to bear arms against his own nation. Alrichs was ap-
I N. Y. Col. Doc. iii. 198, 199, &c.
3 N. Y. Col. Doc. ii. 604-5.
2 Ib. ii. 609.
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HISTORY OF DELAWARE COUNTY.
[1674.
pointed to administer the oath of allegiance to the inhabitants of the South River, and also authorized to enlist ten or twelve soldiers "on government account," including two corporals.1
While freedom of conscience was granted to the inhabitants of the Delaware, the instructions to Alrichs directed that "the pure, true Christian Religion, according to the Synod of Dort, should be taught and maintained in every proper manner, with- out suffering anything to be attempted contrary thereunto by any other sectaries."2
Public property belonging to the crown of England, together with the debts due the government, was confiscated, but property belonging to officers of the late government was restored to them upon taking the oath of allegiance. On this condition, upon the petition of his wife Petronella, Capt. John Carr, late Commander on the Delaware, was reinstated in his possessions.3
The re-establishment of the Dutch authority in their former American possessions did not continue long. 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. Lest the title of the Duke of York should be impaired by the Dutch conquest, a new grant was made to him by his brother, whereupon the Duke, on the 15th of July, constituted Major, afterwards Sir Edmund Andros, his Lieutenant and Governor. Upon the arrival of Governor Andros at New York, the government was surrendered to him agreeably to the terms of the treaty, the allegiance of the Dutch having become formally absolved by Governor Colve. On the 9th of November, Andros issued his first proclamation, confirm- ing "all former grants, privileges or concessions," and "all estates legally possessed," under his Royal Highness, before the late Dutch government, and all legal judicial proceedings under that government. By this proclamation the Book .of Laws, known as the "Duke's Laws," and also the former Courts, with the time and manner of holding them, were established, and "all magistrates and civil officers belonging thereunto, were to be chosen accordingly."4
Edmund Cantwell and William Tom were commissioned by the Governor to take possession of the Fort at Newcastle, and of all military stores there, or on any other part of the river, on behalf of his Majesty of Great Britain. Under this commis- sion, in the Record at Albany is the following list of Justices :
1 N. Y. Col. Doe. ii. 614-617. The pay of a corporal was but 48 stivers per week, and that of a private 35 stivers, Holland. The rations of each soldier per week, 6lbs. beef or 3} of pork, 6lbs. rye bread, {1b. butter, one-seventh of a half barrel of small beer, and I skepel of peas per month. 2 Ib. 618.
3 Ib. 578, 579. A simple promise of allegianee was accepted from the Quakers, instead of an oath.
4 Ib. iii. 227 .- Documentary Hist. N. Y. iii. 79.
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HISTORY OF DELAWARE COUNTY.
1675.]
"Names of ye Justices for Newcastle are : Mr. Hans Block, Mr. Jnº Moll, Mr. Fopp Outhout, Mr. Joseph Chew, Mr. Di- rick Alberts. For the River : Mr. Peter Cock, Mr. Peter Rambo, Mr. Israel Helm, Mr. Laers Andrieson, Mr. Woolle Swain."1
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." Captain Edmund Cantwell was commissioned 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 Collee- tor of Quit-rents on the Delaware, and of all other duties, whe- ther custom or excise.2
It has already been shown that a Court was established in 1668, embracing three of the above mentioned Justices of Up- land Court; and two of these Justices, with the Commander, being sufficient to form a Court, it is rendered almost certain that Courts were then occasionally held at Upland. In 1672, an order issued from the Governor "to authorize and em- power the Court at Upland, with the assistance of one or two of the High Court," to examine into a matter of difficulty then pending. This order requiring the aid of Justices of the High Court in a special case, proves that the Swedish Justices alone at that time usually held the Court at Upland. It is quite probable that the Justices now reinstated are the same who con- stituted the Upland Court in 1672, and who doubtless exercised their functions during the short intervening period that the country was under the dominion of the Dutch.
Capt. Cantwell, besides holding the office of Sheriff, appears to have been entrusted with the charge of affairs generally on the Delaware. In letters addressed by him to the Governor, on the 30th of November and 9th of December, he assures him of the general satisfaction of the people with the change of go- vernment, and also acquaints him with the prospect of the ar- rival of new settlers. The Governor gives notice of his inten- tion to visit the Delaware in the Spring, but in the meantime authorizes Cantwell to supply the new comers with a reasonable quantity of land, and to act as Surveyor of the whole river and bay.3
Governor Andros visited the Delaware in May of this year, and on the 13th and 14th of that month held a special Court at New Castle. At this Court it was ordered "that Highways
1 Sec. State's Office, Albany. " Orders, Warrants, Passes," 1674 to 1679, p. 8. Ilaz Reg. iv. 56.
2 Haz. Reg. iv. 56.
3 Ib. i. 93.
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HISTORY OF DELAWARE COUNTY. [1675.
should be cleared from place to place, within the precincts of , this government." ** 1
It was also ordered "that the church or place of meeting for divine worship in this towne, and the affaires thereunto belong- ing, be regulated by the Court here in as orderly and decent manner as may bee; that the place for meeting att Crane Hoeck do continue as heretofore;" and "that the Church att Tinne- cum Island do serve for Upland and parts adjacent."
"And whereas there is no Church or place of meeting higher up the river than the said Island, for the greater ease of the in- habitants there, Its ordered that the Magistrates of Upland do cause a church or place of meeting for that purpose to be built att Wickegkoo, the weh to bee for the inhabitants Passayunk & so upwards. The said Court being empowered to Raize a tax for its building and to agree upon a competent maintenance for their minister, of all of which they are to give an account to the next General Court, and they to the Governor, for his appro- bacon."
This Court also established regulations in respect to various other matters on the river, among which was an entire prohibi- tion of the sale "of strong drinke or liquors to the Indians by retayle, or a less quantity than two gallons att a tyme, under the penalty of five pounds;" and a prohibition against distilling grain by any of the inhabitants, under a like a penalty.
It was also ordered " that a ferry boate bee maintained and kept att the falls att the west side of this river; a horse and a man to pay for passage 2 Guilders, a man without a horse, 10 Stivers."2
This is the earliest record of the proceedings of any Court on the Delaware. They are recorded incidentally among the pro- ceedings of the regular New Castle Court, for the early part of 1677 (N. S.) The functions of this Court, which was intend- ed 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 establish- ment of roads, in the States of Delaware or Pennsylvania. 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 at- tended [to]; but although persons bee of different judgments, yet all are to contribute to ye allowed minister."3 Strangely as this ordinance may contrast with the liberty of conscience grant- ed in the articles of capitulation, when the country was first
1 The manner of making the roads was left to the respective inferior Courts.
2 Records of New Castle : Liber A. 49, 50.
3 Sec. State's Office, N. Y. "Court of Assizc," ii. 323.
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HISTORY OF DELAWARE COUNTY.
1675.]
surrendered by the Dutch, it will sufficiently explain the order of the Special or General Court at 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.
A number of settlements had been made on the Jersey side of the Delaware, principally by the Swedes, but this year the ship Griffith, from London, arrived with a considerable number of emigrant passengers, several of whom were heads of families. They were landed at Salem, where they made a settlement. Edward, Robert and John Wade and Richard Noble arrived in this ship.1
On the 15th of May, the day after the adjournment of the Special Court at New Castle, at which the Governor presided, sundry matters of legislation, or rather regulation, that had been omitted by the Court, claimed the attention of his Excel- lency. These he embodied in a letter, which he directed "To the three several Corts of delowar River or Bay." The "want of corn mills, or not keeping them in due repair," he regarded as "a great prejudice to the inhabitants and traders," and recom- mended the Courts "to examine the same and cause all such mills already made and the Bankes to be well fitted and kept in due repair ;" others were to be built "in convenient and fitting places where none are;" and the Courts were to adopt regula- tions in respect to tolls or prizes for grinding, applicable alike to all millers or owners, whether of public or private mills.
The Governor next gives important directions in respect to keeping Records. Patents for lands were to be recorded in the books of the respective Courts, and patents were to be applied for by those who had taken up lands after the same had been surveyed.2
Robert Wade, who came in the Griffith with Fenwick, settled at Upland on the West side of the creek, on the same tract that had been known as Printzdorp, and which had been recently occupied by Mrs. Papegoya. This lady having been reinstated in the possession of Tinicnm, disposed of her Upland estate either to Robert Wade or to some other person from whom he obtained his title to the property. Be this as it may, William Edmundson, an eminent minister of the Society of Friends, in travelling through the country in 1675, found Robert Wade set- tled at Upland, where, with a few Friends, he held a meeting
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