USA > Pennsylvania > Delaware County > History of Delaware county, Pennsylvania, from the discovery of the territory included within its limits to the present time > Part 14
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800
Capt" Cantwell proffered in Court to pay him 400 gil- ders weh 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 26 gilders upon each Tydable (taxable) person, which included every male inhabitant in the County between the ages of 16 and 60 years, except the Justices, who were by the Duke's laws exempt from the payment of taxes, except for the support of the Church.2 This levy was to be collected by the High Sheriff, before the 25th of the following March, and in- stead of money, he was authorized to receive "wheat at five,
1 Haz. Reg. iv. 73.
2 N. Y. Hist. Col. i. 318.
113
HISTORY OF DELAWARE COUNTY.
1677.]
rye & barley at four, and Indian corn at three gilders per Scipple ;1 tobacco and pork at eight stivers, and bacon at six- teen stivers per lb., or else wampum or skins at the courant price."
The list of the Tydable persons presented to the Court on this occasion, in giving us at this distant day some idea of the num- ber and places of residence of these early settlers, forms a most important and highly interesting part of the record. No apo- logy will be needed for inserting the list at length.
" A LIST OF THE TYDABLE PRSONS.
Att Taokanink (Tacony.)
Lace Cock & servant, .
2
oele neelson & 2 sons, .
3
Michill nealson,
1
hans moens,
1
Andris Swen and father,
2
Erick Poulson,
1
Oele Swensen his servant, 1
Christiaen Tomasse,
1
Casper fisck,
1
John Stille,
I
Peter Jookum & servt,
2
Swen Lom,
1 1
michill fredericks,
1
Andries Benckes,
I
Justa Daniells & servant,
2
Jan Mattson,
1
Jonas Juriaensen,
1
dunck Williams,
1
Hend: Jacobs upon ye Isld, .
1
Tho: Jacobs,
1 3
moens Cock,
1
1 franck Walcker, .
1
Rymer Peterssen,
Oele Dalboo,
1 1
Jan Baelsen,
I
Swen Boen,
1
Jan Schorten,
1
Pelle Rambo, Junior, .
1
Andries Rambo, .
1
Richard Duckett,
1
Arian Andries at Peter Ramboos, 1
Calkoens Hoek.
1
Att Carkoens hoek.
Andries homman & son,
2
hans Jurian,
I
Pelle Erickson,
1
hendrick Tade, .
1
Benck Saling,
1
andries Bertleson,
1
Andries Sailing,
1
Jan Bertleson,
1
Laers Boen,
1
Jan Cornelissu & son,
2
hans Peters,
1
mort. mortense, Senior.
1
Pell Puttke,
1 Lace mortense,
1
harmen Jansen, .
1 neels matson,
1
hendrick holman,
1 Anthony Matson,
1
Peter Nealson,
1 hendrick Jacobs,
I
Gunnar Rambo,
1 Jacob hendricx, .
1
.
I
Peter matson,
1
Andries Boen,
Jan Justa & 2 sons,
3
Jonas Nealson & son, . . 2
Peter andries & son
2
Mr. Jones ye hatter,
1
Joseph Peters,
1
Jan Cock,
1
Peter Cock, Junior,
1
harmen Ennis, .
1 mort mortens, Junior,
Bertell Laersen, .
1
moens Staeckett,
1
Erick Cock & servant, .
2
Jan Claassen & 2 sons,
Mathias Claassen,
1
Lace Dalbo,
Swen Swenson & son, .
2
hans Jurian,
1
Oele Stille, .
1 Will Thomasse, .
1 Scipple (Schepel) is three pecks, English. Van der Donck's Hist. N. Netherlands, in N. Y. Hist. Col. N. S. i. 158.
8
114
HISTORY OF DELAWARE COUNTY.
[1677.
Upland.
marr: Kill.
Claes Schram,
1
Jan Jansen,
.
.
1
Robberd Waede,
1
Will: Orian,
Jan hendrix,
1 Daniell Linsey, .
1
Rich: Bobbinghton,
1 morten Knoetsen,
1
James Sanderling & slaue, . 2
John Test & servant, .
2
Knoet mortensen, albert hendricx, .
Jurian Kien, Rich: noble,
1 Oele Coeckoe,
1
Neels Laerson & son, .
2 Oele Raessen,
1
henry hastings,
1 Thom: Denny,
1
will: woodman & servant,
2 John Browne,
1
John hayles,
1
Rich: fredenicx, .
1
Eastern Shoure.
oele Dircks,
1
will Bromfield,
1
Juns Justafs,
1
Lace Colman,
1
Jacob Clocker,
1.
hans hofman an his 2 sons,
3
Peter freeman,
1
136
moens Junsen,
1
Poull Corvorne, .
1
136 Tydables in Upland Juris- diction."
The extreme slowness with which the population on the river increased, is a very remarkable circumstance. An approxima- tion to the whole number of inhabitants in the Upland District may be arrived at from the data furnished by this list of taxables. Thé male population between the ages of 16 and 60 years, by including the Justices of the Court, a few soldiers and panpers, would probably reach 150. By making the number of females between those ages equal to the males, the whole number of inhabitants between 16 and 60 years of age would be 300. An estimate made by a comparison with census returns, would make the balance of the population about the same, and the whole population of Upland County 600. Only about two- fifths, or 240 of whom resided within the district now forming the County of Delaware.
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." The site of this first Court- house, is designated on the map of "the Early Settlements."2
1 About this time a list of Tydables was made out in New Castle County, numbering 307, which, on the plan adopted for estimating the whole number of inhabitants, would make the population of New Castle County 1248. Forty-three of the New Castle tydables resided on the "Eastern Shore." The tax was only 12 gilders 10 stivers on each tydable ; the greatest part of the amount raised being to liquidate a debt of 2,200 gilders incurred for 55 wolves' heads.
2 See Rec. Upland Court, 74, also (note) p. 202, where the location of this " House of defence" is fixed " on the east side of, and at an angle to the present Front street,
1
Cristaen Claassen,
1
mich Yzard,
1 hans Oelsen,
Tho: harwood,
1 1
1
Jurian hertsvelder, Andries Inckhoore,
1
Rodger Pedrick, .
.
1
1
1
1 Carell Jansen,
1
115
HISTORY OF DELAWARE COUNTY.
1677.]
In 1669 a block-house had been erected at Wicaco for defence against attacks by the Indians. This year it was occupied as a church, the Rev. Jacobus Fabritius, the installed minister, preaching his first sermon there in Dutch, on Trinity Sunday.1 It is very certain that the Upland Court had not as yet com- plied with the order of the general Court held at New Castle in 1675, in causing "a church or place of meeting to be built at Wickegkoo ;" as no expenditure is included for this purpose in the estimate for which the general levy was made. The block- house was probably fixed up as a place of worship by private subscription.
The Records of New Castle show that Commander Collier sat there as a Judge of the Court. The Governor being advised of his conduct in this respect, ordered him to forbear, and imme- diately commissioned Captain Christopher Billop as his suc- cessor. Walter Wharton was at the same time commissioned as "Surveyor in Delaware Bay and River," and Ephraim Herman " to bee receiver of Quit Rents in Delaware river in the juris- diction of New Castle and Upland Courts. "2
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 vessels arrived- the Kent, the Willing-mind, and the fly boat Martha.3 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, Morgan 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.
Directions are transmitted to the Upland Court by the gover- nor, to purchase from the Indians, two miles in extent along the river, from the lands previously purchased to the Falls. He also requires, by authority of the Duke, of all persons who "have or Clayme any land in Delawor River or Bay," that they make
* * the eastern line of which ran through the centre of the building, from its S. E. to its N. W. corner. If it was rectangular in shape, its size was 14 by 15 feet, * * * * the house of Mrs. Sarah P. Coombe occupies about 11 feet of the South end of the House of defence."
1 Clay's Anu. 34. Fabritius was a man of such a turbulent disposition, that in earlier life he was wholly unfitted for the performance of his duties as a clergyman. Only two years previons to his call to Wicaco, he had acted the part of a ringleader in "tumultuous disturbances" at New Castle, and, being brought by a special warrant before the Governor, it was ordered that "in respect to his being guilty, and his former irregular life, [he] be suspended from exercising his functions as a minister, or preach- ing any inore within this government, either in public or private." Tempered by age and misfortune, he appears to have conducted himself with propriety during the re- mainder of his life, the last nine years of which he was blind. Jlaz. An. 419, 420 ;
Clay's Ann. 35.
2 Haz. Reg. iv. 73.
3 Smith's Hist. N. J. 99-103.
116
HISTORY OF DELAWARE COUNTY.
[1678.
a return thereof to the Clerk of the proper Court, to be by the Court returned to him. The Governor also notifies the Court of his intention to visit England, and to return again in the spring.1
The great troubles and inconveniences to which the settlers of a new country are subjected, are but little understood by per- sons who have always resided in old and thickly settled districts. The great annoyance suffered by the settlers on the Delaware at this period, merely from depredations committed by wolves, will be understood from the action of the New Castle Court, with a view to their destruction.
" The court takeing into consideration the dayly and contin- uall spoyle & damadge weh ye woolves commit uppon the Stockes of the Inhabitants and that the said woolves (notwithstanding the former order of the laest high court allowing 40 Guilders for each woolfe head), are no wayes more destroyed then before," make an order for setting, 52 " Wolfe pitts or trap houses," and direct who shall set them, &c.2
A provision is contained in the "Duke's Laws" for the sup- port of "distracted persons,"3 but no direction is given in respect to the manner of securing them. As to their restoration, it was a subject that claimed but little attention in these early times. The action of the Upland Court, on a case brought before it, though certainly curious, should not be so much a matter of astonishment.
" Jan Cornelissen of Amesland complayning to ye Court that his son Erick is bereft of his naturall sences & is turned quyt madd and yt : hee being a poore man is not able to maintaine him ; - ordered : that three or 4 p'sons bee hired to build a Little Blockhouse at amesland 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."4
This block-house may be regarded as the first lunatic asylum in Pennsylvania. The necessity for such a building, and the order for its erection, bespeak at once the great deprivations to which our early settlers were subjected, and the inadequacy of the means at hand for their relief.
An abstract of all grants made prior to the establishment of Penn's government, for land located within the limits of Dela- ware county, that have come to the knowledge of the author, and also a few of similar grants of land outside of it, will be given in the Appendix, Note C.
Some conveyances have already been noticed in the narrative, and it will be necessary to advert to a few more, with a view of
1 Rec. Upland Court, 75-81.
2 New Castle Rec. Book, A. 222.
3 N. Y. Hist. Col. i. 408.
4 Rec. Upland Court, 102.
117
HISTORY OF DELAWARE COUNTY.
1678.]
throwing as much light as possible on the earliest of the settle- ments within our prescribed limits.
" Hans Juriansen Kien, of Taokanink (Tacony) This day ap- peared in Cort and then & there did acknowledge a deed of conveigance bearing date the 9th day of this Instant month of March, for the makeing ouer unto his Brother Jonas Juriansen Kien, as followeth, viz': one Equall sheare and Lott of Land In quantity Equall wth ye sheares & Lotts of ye other Inhabi- tants of Upland Towne or neighbourhood, wth all and Singular the appurtenances, Lying & being in Upland aforesaid, The whole devident or tract of Land being heretofore surveiged & Laid out for ye six Inhabitants of Upland Towne, in general Contaynes twelve hundred acres, whereof the part & sheare of him the said Hans Kien, being one of ye said six Inhabitants, is two hundred acres as well cleared land as wood land, weh said 200 was thereby sould and made ouer as above, together wth the housing and other appurtenances standing upon the said Hans Kien his Lott of Land Lying and being att upland Towne afore- said near the Creeke, between the houses & Lotts of James San- derling and Jurian Kien ; the said hans Kien did aknowledge also to have Received satisfaction for the premises from him the said Jonas ; as by the said deed signed sealed & delivered by the sd hans Kien, in the p'sence of Johannsen De haes & John Addams, & bearing date as above, more att Large did apeare."1
The above grantee, Jonas Juriansen Kien, appeared in the same Court, and acknowledged a deed of conveyance of the same premises, in consideration of " a certayne Sume of money," to John Test, late of London, merchant, together with " a certayne new Blocq house,2 by him the sd Jonas built on the above men- tioned Lott, near ye water syde of ye Creeke aforesaid," &c.
John Test, at this time a resident of Upland, appeared in the same Court and acknowledged a conveyance in fee of the same premises to Marmaduke Randell, of London, merchant.
The land at Marcus Hook was also taken up by a company of six persons, as will appear by a patent granted therefor by Sir E. Andros, (an abstract from which is given in the Appendix, Note C.,) as well as by the following conveyance, which was ac- knowledged in the next Upland Court :-
"Jan Hendricksen, of Delowar River, husbandman, appeared in Court, and then and there did acknowledge a certayne deed or transport unto Rodger Peddrick, of all his the said Jan hend- ricksen's Right, Tytle and Interest of all the Land & appurten- ances Lying & being on the West syde of delowar River, called
1 Rec. Upland Court, 103.
2 This " new Blocy house" was higher up the Creek than the House of Defence, but its exact location is not known.
118
HISTORY OF DELAWARE COUNTY.
[1678.
& knowne by the name of marreties hoeck, the whole tract of marreties hoeck 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, viz': Charles Jan- sen, Oele Raessen, hans oelsen, oele neelsen, hans hofman and him the sd Jan hendrick, and contayning in the whole one thou- sand acres of Land; weh sd deed was signed, sealed and deli- vered by the sd Jan hendricks in the p'sence of Johannes De haes and Carrell Junsen, and beares date ye 18th day of June, aº 1678."1
Both Upland and Marcus Hook were settled a long time be- fore these grants were respectively made to "the six inhabitants" of each place. The names of the grantees of the Marcus Hook purchase are given; those of Upland, besides Hans Juriansen Kien, were, probably, James Sandeland, Israel Helm, Rev. Laurentius Carolus Lock, (Lawrence Lock) Villus Lacie, and Niels Laerson. There were certainly other residents in Upland at the time the grant for the 1200 acres was made. This new patenting of lands by persons who had resided in the country for a long time and held their titles from former governments, was one of the impositions practiced under the Duke's authority on that class of people. They were required by law "to bring in their former grants and take out now pattents for the same from the present Governoure, in behalf of his Royall Highness the Duke of Yorke." It may have been that the inhabitants of Upland and Marcus Hook, and other settlements, respectively united in an application for a large tract of land, with the view of saving expenses.
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.
On the third of April a meeting of the Justices was held, "at the house of Justice Peter Cock, in ye Schuylkill."2 The busi- ness of this meeting was about the same that is usually performed by County Auditors. Sheriff Cantwell appears to have been charged with both the collection and disbursement of the taxes. His allowance "for collecting & receiving ye publicq levy, etc." was 884 gilders, being very nearly one-fourth of the whole amount collected !
Part of the Record of the June Court has been lost, but the minutes of the following Court show that it was held on the 18th and 19th days of that month. This Court resolved to impose
1 Rec. Upland Court, 103.
2 Peter Cock resided on one of the two Islands near the mouth of the Schuylkill. See Holmes' map, also Map of the Early Settlements.
119
HISTORY OF DELAWARE COUNTY.
1678.]
"a levy or small tackx of fyve Gilders pr head on every Tyda- ble p"son," the payment to be made at T'inicum, thus saving the great expense of collecting, that consumed so much of the for- mer levy. The Court not having imposed a penalty for non- payment of this "small tax," the Justices, upon assembling at their November Court, found that their former order had " Layne dorment," and finding themselves "necessiated," issued a new and very rigid order, "that every Tydable within the Ju- risdiction of this Court, who have payed their levy Laest yeare, doe wthn the space of 14 days now next Ensuing come and pay Each of them 5 Gilders as formerly, and that they bring ye same unto Tinnecong Ysland in ye hands of M' Otto Ernest Cock ; this order to bee published and fixed up att the churches of Wi- caco and Tinnecong to ye end no p'son may plead Ignorance."'
In the year 1675, Gov. Andros, among other regulations then established, made an order remitting the quit rent for the first three years on all new lands to be taken up and seated within the precincts of the Delaware. Finding that persons were taking up lands and not seating them, he issued another order in October of this year, repealing and recalling his former order except in respect to lands that had actually been seated. Lands taken up and not seated and improved, and not duly returned, to be forfeited, and to be disposed of as vacant land; that seated and improved and not returned, to be returned within six months; all arrears of quit rents since the Governor's arrival in 1674, to be paid within the same time, and in future the payment of quit rent was to commence with the taking up of the land.
A Jury was empanneled in a case tried at this Court, being the first which appears on the Records of Upland Court, and was doubtless the first Jury that was empanneled within the limits of Pennsylvania. Though not necessary under the " Duke's Laws"? to have more than six jurors, there were twelve empanneled on the jury in question, whose names here follow, viz :- "hans moens, dunk williams, Xtopher Barnes, Edm: draufton, Peter Yocum, Isacq Sanoy, Jan hendricks, Jonas Kien, moens Cock, John Browne, Jan Boelsen, henry hastings."3 It required only a majority of the jurors to bring in a verdict; but there is nothing to show that they were not unanimous in the present case. The Court, however, determined to be judges both of the law and the facts, "suspended" the verdict, and at the next Court tried the case themselves, and reversed the decision of the jury.
The subject of mills claimed the particular attention of the Upland Court. A year prior to this time, the Court had grant- ed liberty to Jan Boelsen "to take up one hundred acres of Land
1 Rec. Upland Court, 120.
3 Rec. Upland Court, 107.
2 N. Y. Hist. Col. i. 357.
120
HISTORY OF DELAWARE COUNTY.
[1678.
above the mill in amesland Kill." The mill here alluded to is the old Swedes mill erected by Gov. Printz, about the year 1644, and doubtless the most useful institution in the country. The inhabitants became alarmed at seeing land taken up "so near the mill of Carkoen creek,"1 lest "the sd mill would bee Left desti- tute of any land to gett timber for ye use of sd mill, and upon their representation the Court ordered that 100 acres of land should be laid on the west syde of ye sd mill branch," for the use of the mill. The Court also ordered that the 100 acres granted to Jan Boelsen should be reserved for the mill, having first ob- tained his assent. The mill tract on Holmes' map is on the East side of the creek. It would therefore appear that 200 acres were reserved for the use of the mill, unless the tract on Holme's map is incorrectly laid down.
At the same Court, the erection of another mill was decided upon. "It being in consideracon that it was very necessary that a mill be built in the Schuylkill; and there being no fitter place than the faall Called Capt" hans moenses faalls; The Cort are of opinion that Either Capt" hans moenses ought to build a mill there, (as hee sayes that hee will,) or else suffer another to build for the common good of the parts."2
Where there are mills, there must of necessity be roads, parti- cularly as settlements begin to be made in the interior of a country. Hence the Court "ordered that every p'son should wthin the space of twoo months, as far as his Land Reaches, make good and passable wayes from neighbour to neighbour, wth bridges where it needs, To the End that neighbours on occasion may come together. Those neglecting, to forfeit 25 gilders."3
The interests of the Church also claimed some of the attention of the Court. "Complaint being made by the Church Wardens that Neeles Laerson has taken in (wth Lotts of Land by him bought of dom: Lasse Carolus here in Upland Towne) some of the Church or glebb Land ;- ordered, that Neeles Laersen shall
1 Rec. Upland Court, 88. Darby ereek, which empties into the Delaware below Ti- nieum, was for many years taken as part of Cobb's creek, and went by the names of Mill creek, Carkoen creek, and Amosland kill or ereek. Darby ereek, above the june- tion of the two creeks, though much the larger stream, was regarded as a branch of Cobb's creek.
2 Ree. Upland Court, 115. The stream here mentioned is the present Mill creek, and the site of " hans moens faalls," at Maylandville. A draft of this property, made by David Powell in 1684, and now on file in the Surveyor-General's office, represents a mill pond and mill very near the present site of Maylandville. It was then the pro- perty of William Clayton.
3 Rec. Upland Court, 119. The Upland Court does not prescribe the manner of making these roads. A few months later, the Court of New Castle made the following order : "The highways to bee cleared as followeth, vizt-The way to bee made eleare of standing and lying trees, at least 10 foot broad, all stumps & Shrubs to bee elose cutt by ye ground, The trees markt yearly on both sydes-sufficient bridges too be made and Kept ouer all marshy, swampy & difficult dirty places and whatever else shall bee thought more necessary about ye Highwayes aforesd." See New Castle Court Rec. Book B. p. 146.
121
HISTORY OF DELAWARE COUNTY.
1679.]
haue his due of the 2 Lotts by him bought of sd dom: Carolus Equall wth the other Lotts in Upland, but for what shall be found that sd Neeles Laersen has taken in more, he to Leaue out againe annexed to ye other Church Lotts."1
Capt. Billop, the present commander, seems to have been less faithful in the performance of his duties than his predecessor, Collier. He used the fort at New Castle as his own private pro- perty, converting it into a stable for his horses and a pen for his hogs. The room above the fort, which had been occupied as a Court-room, he had filled with hay and fodder; and he employed the soldiers "about his own private affairs."2 Fortunately for the Upland Court, the Captain was stationed at a distance from their seat of justice ; and we do not learn that his subordinate officer, Capt. Hans Jergen, stationed at Upland, ever interfered with our Court in its full enjoyment, as a hall of Justice, of the recently finished " House of defence."
These, with other complaints against Billop, were made to the Governor by the Justices of New Castle Court, who were also not disposed to spare their brother Justice, Walter Wharton, who likewise held the office of Surveyor-General. He had married himself, or was married contrary to law, and had not performed his duty as a Justice, in absenting himself "three following Court days."3 The former complaint was referred to the Governor, but for the neglect of his judicial duties he was fined £10 by the Court. Billop was recalled to New York by the Governor, but Wharton was removed by death, towards the close of this year.
It is probable that the marsh lands appertaining to any parti- cular settlement along the river, were for a long time held and used as a common pasturage. That this was so in respect to Upland, would appear from a complaint being made by James Sanderling, "In behalfe of ye Rest of ye Inhabitants of Upland that Neels Laersen wth a fence stopps up the old and usuall way to the fly;4 and Neels Laersen being thereupon heard," the Court ordered the way to be left open as formerly.
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