USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 13
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1 Smith's Hist. of N. J. p. 79. See also Smith's Hist. Penna. in Reg. Penna. vi. 182. One moiety of New Jersey had been granted by Lord Berkley, one of the proprietors, to John Fenwiek, in trust for Edwd. Billinge. It was under the charge of Fenwick, who was a Friend, that the colonists who came in the Griffith made their settlement at Salem.
2 New Castle Records. Liber A. 62.
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[1676.
at his house. After mecting they took boat and went to Salem, "where they met with John Fenwick and several families of Friends, (who, with those at Chester, ) had come from England in that year with John Fenwick."! From thence Robert Wade accompanied the travelling Friends to New Castle, where their horses had been sent, and from thenee to Upland. Doubtless the House of Robert Wade, at which the meeting was held, was the famous Essex House, at which William Penn was entertained upon his first landing at Upland; but whether it was erected by Wade, or had been built by the daughter of Governor Printz, when she occupied the premises, is uncertain. The fact that Robert Wade, within, at most, a few months after his arrival in the country, had house room sufficient for the accommodation of a Friends' meeting, and was prepared to make a journey to Maryland, would suggest that he had been fortunate enough to secure a dwelling already erected to his hand.
It is not known what other members of the Society of Friends, of those who accompanied Fenwick, besides Robert Wade and his family, settled at Upland. They were the first members of that society who settled within the limits of our County or of the Commonwealth.
The special execution granted in 1672 to Mrs. Papegoya, or "Jeuffru Armigart Printz," as she is called, and which put her in possession of Tinicum, failed to satisfy the judgment obtained against Andrew Carr and his wife. Sheriff Cantwell is ordered to procced to a full execution of the judgment.2
About this time, William Penn, as trustee, became interested in the settlement of West Jersey; a circumstance that brought to his notice the not yet appropriated territory West of the De- lawarc, and gave rise to the idea of planting a colony there on principles that, in all future ages, will claim the admiration of the world for their liberality.
Since the final establishment of British rule on the Delaware, Capt. Cantwell, in addition to his office of Sheriff and other ap- pointments, had acted as the superior military officer. On the 23d of September, 1676, he was superseded in the latter office by the appointment of Captain John Collier as "Commander in Delaware River and Bay."3 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;" any three of whom would constitute a Court of Judicature. Ephraim Her- man was appointed Clarke of both Courts.4
1 Smith's Hist. Penna. in Haz. Reg. vi. 182.
2 Haz. Ann. 423.
3 New Castle Rec. A. i. p. 2. Capt. Collier was also appointed " Sub-Collector of Ilis Majesties Customes of New Castle in delawar."
4 Upland Court Rec. 37.
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HISTORY OF DELAWARE COUNTY.
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The Justices commissioned for Upland District were, Peter Cock, Peter Rambo, Israell Helm, Lace Andrieson, Oele Swen1 and Otto Ernest Coek, being the former Justices, with the addi- tion of the last named. They were all Swedes.
From this period to the present time, the judicial proceedings in the distriet embracing the limits of Delaware County, have been preserved of record. Those extending down to the com- mencement of Penn's administration have lately been published by the Historical Society of Pennsylvania as part of the 7th volume of its Memoirs, under the title of "the Record of the Court at Upland," with a valuable Introduction and Notes by Edward Armstrong, Esq.
The original manuscript Record is in the possession of Dr. J. Dickinson Logan, of Philadelphia. The records of previous ju- dicial transactions, not only at Upland, but elsewhere on the river, have not as yet been discovered.
The following letter of instructions from the Governor very fully explains the character and jurisdiction of the Court :
"EDMOND ANDROS, Esqr: & Seigneur of Sausmarez, Lieut: & Govern": Gen11: under his Royall Higlinesse James Duke of Yorke and albany, etc: of all the Territories of America :
Whereas, The Last Ieare att my beeing att Delowar uppon application of the Inhabitants Representing that my p"decesso" Govern' Lovelace had begun to make a Regulacon for the due ad- ministracon of Justice according to the lawes of this Government, pursuant to wich I: did appoint some majistrates and made some Rules for their proceeding the Ieare e'suing or till further order; In which haveing uppon mature deliberation, by the ad- vyce of my Councill made some alteracon, They are to Remaine and bee in force in forme following:
1. That the bookes of Lawes2 Establisht by his Roy" High- nesse and praetized in New Yorke, Long Island and dependences Bee Likewyse in force and practice in this River, and precincts, except the Constable's Corts : County Rates and some other things ; Peculiar to Long Island,-and the militia as now ordered to Re- main in the King; But that a Constable be Iearly in each place chosen for the preservation of his Mayties Peace wth all other Powers as Directed by Lawe.
2. That there bee three Courts held in the severall parts of ..
1 In the Record at Albany this name is " Woolle Swaine." See Book "Warrants, Orders, Papers, 1674 to 1679," p. 213.
2 This " Booke of Lawes," then generally known as the "Duke's Laws," was a col- leetion out of the laws then in foree in his Majesty's American Colonies, and first published in 1664, by a General Meeting at Hemstead on Long Island, by virtue of a Commission from the Duke of York. These laws, with some additions made at a later date, will be found in the Collections of the N. Y. Ilist. Society, i. p. 307-419.
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HISTORY OF DELAWARE COUNTY. [1676.
the River and Bay as 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 Ses- sions & decide all matters under twenty pounds wthout appeall, In weh Court the Eldest Justice to p'side unlesse otherwise agreed amonghst themselves, above twenty pounds & for cryme, extending to Lyfe, Limb, or banishment to admitt of appeale to the Cort of Assizes.
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 be 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 Tuesday of the month or oftener if occasion.
6. That all necessary By-lawes or orders, not Repugnant to ye Lawes of the Governmt, 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 an account 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 p'son, and for whome hee will bee Responsable, to bee approved by the Court. But the Sherrife, as in England, and according to the now prac- tice on Long Island, to act as a principall officer for the Execu- tion of the Lawes, but not as a Justice of Peace or magistrate.
9. That there bee fitting Bookes provyded for the Records, In which all judiciall proceedings, to bee duly and fairly entred as also publicq orders from the Governor, and the names of the magistrates and officers authorized, with the tyme of their admis- sion. The sd Records to be kept in English, to wich all p'sons concerned may have free Recourse at due or sesonable tymes ;
10. That a fitt p"son for Clarke (when vacant) be recom- mended 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 booke, and itt being his Roy11 Highnesses special Pleasure and Order.
12. That no Rates bee Imposed or Levys of mony made wthin
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the Towne of Newcastle, River, or Bay by any, under what deno- mination soever wthout the approbation of the Govern", unlesse upon Extraordinary occasion in Case of necessity, of weh the Governor to have prsent acct sent him. That upon the Levy of any Rates there be a faire acct 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 Governor 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 Refer- ring 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 p'son desiering Land make application to the Court in whose bounds itt is, whoe are required to sitt once a month or oftner if there bee occasion to Give order therein & certify to the Governor for any Land not taken upp and Improved fitt proportions, not ex- ceeding fifty acres pr head unlesse uppon Extraordinary occasions where they see good Cause for itt, weh Certificate to bee a suffi- cient authority or warrt for the surveigo's to surveig the same and with the Surveigors Returne to bee sent to New Yorke for the Governors approbation ; That in the Certificates be specified how much upland and meaddow wth due Reguard that Each may have a proportionable sheare, according to the place they are in Land- ward; Given under my hand and seale in New Yorke, the 25th day of Septembr in thic 28th Icare of his mayties Reigne, aº Dom : 1676."1
(Signed) E. ANDROSS.
The recently appointed Justices, according to the Record, held their first Court at "Uppland in Delowar Riuer" on the 14th of November, 1676. After they had been sworn into 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 be- longing to this Court."2
1 Upland Court Records, 39.
2 This is not the only reference in the Upland Court Records to the reeords of a former and earlier Court .- By the Records of New Castle Court, corresponding with those of the Upland Court, it appears that several orders were made in respect to the Records of an earlier Court at that place. Being in a bad condition, the Court ordered them to be " sealed and sent to his Honr the Governor for his order therein." It ap- pears from a letter addressed by the Governor to the Justices of New Castle Court on the 14th of August, 1677, that these old Records were so sent, but returned again on account of their " confusedness or ill order," to be copied into a book, and attested by William Tom, who was elerk at the time these Records were made. Mr. Tom died about this time, whereupon the Court of New Castle directed Ephraim Herman " to put the old Records of the Court, when William Tom was Clerk, into good order." Mr. Tom neglected to comply with the first order of the Upland Court in respeet to the old Records, whereupon the Court made a second order in November of the next
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HISTORY OF DELAWARE COUNTY.
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The first instance on record of the appointment of Guardians for minors was made in this Court, in the case of the children Hendrick Johnson, Decd,-"Jan Jansen and morten morten sen," were appointed to bee "ouerzeers and guardians."
Mr. Justice Helm presented a petition to the Court "desiering to haue some recompence for haueing served the Riuer often and att sundry tymes as an interpreter wth the Indians &c. This application the Court determined to refer to Governor Andros, which they did in a letter addressed to him on the same day, wherein they also intreat that his Honor "will be pleased to confirm the order made att the Last Gen" Court here about the voolves heads," and that he will prescribe a way & order how the charges of this Court, when they sitt, may bee found, con- ceidering that wee all Liue att a great distance from o' Court place, and the amercemts (by Reason of the small number of ac- tions) amounting to Little ; and that yo" hon" will bee pleased to Impower us, so that the old debts of the Court together wth the debts sence yor hon's government may also be sattisfyed by the same way wch yo" honor shall prescrybe."1
The Court was held at the house of Neeles 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 dis- covered, 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 100 Gilders.2
The next Court at Upland was held on the 13th of March,
year, to deliver these Records to the present Clerk, which, he being sent for, promised to do ; but dying shortly afterwards, it is not probable that these records were ever placed in the custody of the Court. See New Castle Court Rec. Book A. pp. 95-244; also Haz. Reg. iv. 73.
1 Record of Uplaud Court, 46.
2 The Gilder or Guilder, as used in commercial and other transactions on the Dela- ware about this period, has by some writers been estimated at about 40 cents of our money, the usual value of the Dutch coin of that name. This is a serions mistake, and must lead the reader to very incorrect conclusions in respect to the pecuniary con- dition of the carly settlers on the river. The value of the Gilder during the Duke of York's government, was 6 pence, currency. This fact is established by the judgment of the Upland Court in the ease of Thomas Kerby vs. Gilbert Wheeler, wherein "the Deft is allotted and ordered to pay" for 70 days work, at 50 styvers per day, " ye sume of fower pounds, seven shillings and six pence." See Rec. Upland Court, 154. See also p. 164, where £5 is made equal to 200 Gilders ..... Samuel Smith, in his Ilistory of New Jersey, published in 1721, says : " Eight white wampum, or fonr black, passed at this time, [1673] as a stiver ; twenty made what they called a Guilder, which was about sixpence present currency, (p. 76). Proud, in his History of Pennsylvania, i. p. 134, in a note, says : "Six beads [of wampum] were formerly valued at a stirer ; twenty stivers made what they called a Guilder; which was about six pence enrrency, or fonr pence sterling." In large transactions, what is called a Dutch guilder was valued at two shillings, ten being taken as equivalent to a pound. See the Record of the trial for the recovery of Tinicum Island. (Chester Rec. West Chester, 1683.)
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HISTORY OF DELAWARE COUNTY.
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1677. Two cases of assault and battery were brought before this Court, but were postponed till the next. The people on' the river having been apprehensive for some time of being attacked by the Indians, the Justices of Upland, at the close of the Court, held a meeting with Capt. John Collier, the Com- mander, "uppon the news of the Simeco Indians coming down to fetch the Sasquehanno, that were amongst these River In- dians." At this meeting "itt was concluded uppon the motions of Rinowehan, the Indian Sachomore, for the most quiet of the River, viz .: That Capt" Collier & Justice Israel Helm goe upp to Sachamexin, (where att p'sent a great number of Simico & other Indians are,) and that they Endeauor to p'swade the Simecus, the Sasquehannos & these Riuer Indians to send Each a Sachomore or deputy to his honor the Governor att New Yorke, and that Justice Israel helm goe wth them ; for to heare & Receive his sª honors Resolutions & answer to their demands."
The conference with the Indians was accordingly held at Sa- chamexin (Shackamaxon) from the 14th to the 18th of the same month, at a cost of 250 guilders to Upland District, "for the expenses of the Commander, Justices and Indians." It does not appear that New Castle shared any of this expense, though equally benefited with Upland. The Justices of New Castle inform the Governor that the Indians had passed by them, and had gone up the river. This may account for the whole expense of the Shackamaxon meeting being visited on Upland.
Labor at this time was seldom obtained, as now, for wages. Even mechanics sold themselves, or were sold for a specified time ; their masters being responsible for their support. The change in the ownership of persons thus owing services, required the approbation of the Justices, as will be seen by the following extract from the Record of the Upland Court :-
" M" John Test brought into Court a certaine man servant named William Still, being a Taylor by traede, whome hee the sd Test did acknowledge to haue sold unto Capt" Edmund Cant- well, for the space and tearme of foure yeares, beginning from the first of Aprill Last past; The sª William Still declared in Court to bee willing to serve the said Capt" Cantwell the abovesd tearme of foure yeares."
The following record of a case of assault and battery is given as a fair specimen of the manner in which business was trans- acted in our earliest Courts of Justice :-
" Justice Israel Helm, Plt.
" Oele Oelsen (als) Coekoe, Deft.
" The Plt Complaines that at the Plant" of Juns Justesse, in his house, hee the plt was first wth Evill words abused by the
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deft, and afterwards by him beaten, and his shirt all torne In pieces by the sª deft. and therefore desires yt the Court will inflict punishment according to the meritt of the sd deft, and that hee is one of the members of the Court, hee may bee so maintained."
" The deft sayeth that the plt hath struck, etc."
" The High Sheriffe, Capt" Edm. Cantwell desires that the Court will take the case in consideration, and not suffer a Jus- tice of Peace shall be so abused !
" The Court haveing Examined into ye whole businesse, and heard the debates of both partees, together wth the Testimony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of two hundred 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 ask forgive- ness of Justice Israell Helm and the Cort for his sd offence."
" The Cort & High Sherife Conciedering that the sd oele was a poore man wth a great charge of Children ; uppon his humble submission did Remit & forgive him the one hundred and fifty gilders fyne."1
Albert Hendricx, having served out " his Ieare" as constable, was dismissed by the Court at his own request, and William orian appointed " Constable for the jurisdiction of this court" in his place. Hendrix (Hendrixon) is the first person known to have held the office in Pennsylvania.
Jurian Hartswelder, (Hartsfelder,) the Deputy Sheriff, being about to remove further up the river, resigned his office. He was succeeded by Micael Izzard.2
At the June Court of this year, an order was adopted in respect to the admission of Attorneys to plead in the Court,3 but before the close of the year, it became the duty of the Court to publish a resolution of the Governor and Council, by which it was "ordered that pleading attorneys bee no Longer allowed to practize in ye governmt but for ye : depending causes."4
The last adjustment of the dividing line between Upland and New Castle of which there is any record, seemed to fix the divi- sion between the two districts about the Christina ; but a man- date issued from the New Castle Court on 18th of September of this year, of which the following is an extract, would indicate that a different arrangement had been made :-
1 Ree. Upland Court, 53. 2 Ib. 57.
3 In the New Castle Court, an Attorney, on his admission, was sworn "not to exact unallowed fees, not to take fees from both plaintiff and defendant, and that he will not take any apparent unjust cause, but behave as all Attorneys ought to do." Records, p. 96.
4 Rec. Upland Court, p. 58 and 82.
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"To Mr. Charles Ramsey, Constable In Christeena :
You are requested in his Mayts name to take a true and exact list of all the Tydable p'sons 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 sd Tydables to bring '1
At a meeting of Mr. John Moll, President of New Castle Court, with the Justices of Upland Court, held at Upland on the 12th of November of the following year, the above division was confirmed and extended : the County of Upland was "to begin from the north syde of Oele fransens Creeke Called Steen Kill, Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye single tree point on the East syde of this River."? In other directions, Upland county extended as far as settlements had been made; and although the authority of the Duke of York to govern New Jersey had been resisted by Fen- wick and others, it had been maintained on the ground that the sovereignty of the country did not pass to Cartaret and Berkley, 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 ex- tended into New Jersey.
In the accounts of the country during the earlier periods of its settlement, that have come under the notice of the author, not much is said in respect to the depredations of wolves. The num- bers of these animals had probably greatly increased in the neigh- borhood of the settlements, both on account of the increased means to obtain food that civilization had furnished, and the diminished numbers of the Indians, who had heretofore destroyed them for their skins. The depredations of these animals had now become so alarming, that it became necessary to secure their destruction by means of a liberal bounty. At the solicitation of the Justices of the New Castle Court, authority was obtained to pay 40 gil- ders for each wolf scalp brought in.3 This, it will be seen, be- came a heavy item of expenditure.
It had been supposed that a tax could only be levied by the authority of a "General Court," but the Governor, upon appli- cation 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 au-
1 New Castle Rec. Book, A, 153.
2 Rec. Upland Court, 119.
3 New Castle Rec. Lib. A; also, Haz. Ann. 430.
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thorized a levy of 1d. per pound on every man's estate, towards paying public expenses, but the Justices of New Castle obtained authority from his Excellency to substitute a poll tax, represent- ing the inconsiderable value of estates, the difficulty of deter- mining that value, and the distance of the people, as their excuse for asking the change.1
The unliquidated expenses of Upland county had by this time so much accumulated as to present an alarming aspect of in- debtedness, when the means of liquidation are considered. This indebtedness embraced the following items :-
" To neels Laerson for ye Courts Expensis to this day, Except 200 gilders by Capt" Cantwell paid him before, there being no other accommodation for ye court, . . G. 639
To Lace Cock, for Expensis of ye Comand and Simico Indians last spring ; ye acct being allowed by ye Court,
250
The woolves heads in this Cort, not all brought in yet, but computed by ye Court, 420
To ye Clercq allotted by ye Court for his several Ex- traordinary services to ye Cort, etc.,
200 400
To Justice Israell helm for his severall services to ye Country as Interpreter about ye Indians,
To Capt" Cantwell, weh hee hath pa to neels Laerson for ye Courts accommodations, etc.,
200
Justice Otto Ernest for sundry Expensis on ye publicq acct. of weh hee hath not yet brought In his acct. of perticulars, .
300
Lace Cock for Expensis when his hon" ye governor was there,
112
Peter Rambo demands for Expensis when his honor the Governor was there, 800 gildrs,
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