USA > Pennsylvania > The Register of Pennsylvania : devoted to the preservation of facts and documents and every other kind of useful information respecting the state of Pennsylvania, Vol. III > Part 87
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And we will and ordain, that all the said Burgesses for the time being shall be, and are hereby impowered and authorised to be conservators of the peace within the said borough; and shall have power by themselves, and upon their own View, without any Law-proceedings, to remove all nuisances and incroachments out of the said streets and public landing-places, as they shall see oc- casion. With Power also to arrest, imprison and punish rioters and breakers of the peace, and to bind them and all other offenders, and persons of evil fame, to the peace and good behaviour, as fully and effectually as any of the justices of the peace of the said County may or can do; and return or bring the Recognizances by them to be taken to the Court of Quarter-Session for the said County. And we do hereby grant and appoint, that the Sheriff and Clerk of the Courts for the said coun- ty of Bucks for the Time being, if not residents in the said borough, shall appoint and constitute sufficient dep- uties, who shall from time to time reside or constantly attend in the said town of Bristol, to perform the duties of their respective offices. But before any of the said Burgesses, Constables or other officers, shall take upon them the execution of theirrespective offices, they shall take and subscribe the oath.enjoined to be taken and subscribed by the several acts of Parliament in that case made and provided, except the people called Quakers, who shall be qualified by taking and subscribing the several Attestations or Engagements allowed to the People called Quakers, instead of the Oath of Abjura-
Case lately made and provided. Az :shall also be
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sworn or attested to the due Execution of their res- pective offices. And every chief Burgess so elected from year to year as aforesaid, shall within five days im- ediately after his election present himself at the city of Philadelphia to be qualified, by taking and subscribing the oaths or attestations aforesaid before the Governor for the time being, or before such other Persons as the Governor shall think fit to appoint for that purpose .- And the said chief Burgess being so qualified him- self, to enter upon his Office; and the other Burgesses, Constable or other officers newly elected for that year, shall and may be qualified by taking and subscribing the said oaths or Attestations before him the said Chief Burgess, or before any two Justices of the Peace in the said County of Bucks, who are hereby authorized and impowered to administer the same respectively.
And we do hereby further grant and ordain, that the High constable of the said borough for the time being shall be the Clerk of the Market, who shall and may have assize of Bread, Wine, Beer, Wood and other Things, and do, execute and perform all things belong- ing to the Clerk of the Market within the said Town and Borough of Bristol.
And we do by the authority aforesaid grant unto the Burgess and their Successors, That if any the inhabitants of the said Town and Borough shall hereafter be elect- ed to the office of Burgess or constable as aforesaid, and having Notice of his or their election, shall refuse to un- dertake & execute that office to which he is so chosen, it shall and may be lawful for the Burgess and burgesses then acting to impose such moderate fines upon the Re- fusers, 'so as the Burgesses Fine exceed not Ten Pounds, and the constables Five Pounds; to be levied by distress and sale of the goods of the party so refus- ing, by Warrant, under the hand of one or more of the Burgesses, or by other lawful ways, to the Use of the said town. And in such case it shall and may be lawful for the said Inhabitants forthwith to choose others to sup- ply the defects of such refusers. And that it shall & may be lawful for the said Burgesses & constable for the time being to summon and assemble town-meetings from time to time, as often as they shall find occasion: At which meeting they may make such ordinances and rules (not repugnant to or inconsistant with the Laws of GreatBrit- ain and htis Province )as to the greatest part of the town- meeting shall seem necessary and convenient for the good Government of the said town. And the same rules and ordinances to put in Execution; and the same to revoke, alter and make anew as occasion shall re- quire. And also impose such Mulcts and Amerciaments upon breakers of the said Ordinances as to the Makers thereof shall be thought reasonable; to be levied as is a- bove directed in case of fines, to the use of the said town, without rendering any account thereof to us, &c. or to the said proprietary, his heirs or assigns, with pow- er also to the said Meetings to mitigate or release the said fines and Mulcts upon the Submission of the Parties.
And we do further grant to the said Burgesses and Inhabitants of the aforesaid town and Borough of Bristol, That they and their successors shall and may for ever hereafter, hold and keep within the said town in every week of the year one market on the 5th day of the week called Thursday; and also two fairs there in every year; the first of them to begin the eighth Day of May, and to continue that day and one day after; and the other of said fairs to begin the twenty-ninth Day of October, and to continue till the thirty-first day of the same month, in such place and places in the said town as the Burgess from time to time may appoint.
And further we have, and by these presents do, for us and our successors, give, grant, ratify and confirm, unto the said Burgesses, Constable, & Inhabitants of the said town of Bristol, and to their successors, from hence- forth, all lawful Privileges, Immunities, Franchises Pow- ers and Jurisdictions, hereinbefore granted, or that are herein or hereby intended to be given or granted unto the said Burgesses, Constable, and Inhabitants of the | Tribes, are as follow:
town of Bristol aforesaid, as if the said Powers, Author- ities, Liberties, Immunities, Privileges and Franchises were herein or hereby more fully expressed, according to the intent and meaning of these Presents: and that no officer or officers of us, or any of our Successors, or any other person, shall molest or disturb the said Burgesses, Iligh-constable, and inhabitants of the said town of Bris- tol in the quiet enjoyment of any of the privileges grant- ed or intended to be granted as aforestid: TO HAVE AND TO HOLD all and singular the Privileges, Ad- - vantages, Liberties, Immunities, Franchises, and all oth- er Premises herein and hereby given, or herein or hereby that are meant, intended or mentioned to be given or granted unto them the said Joseph Bond, chief Burgess, John Hall, second Burgess, and Thomas Clif- ford, High-Constable, and their heirs, to and for the sole and only proper use, benefit and behoof of the said Bur- gesses, High-constable, and inhabitants of the said town of Bristol, and their successors for ever.
IN TESTIMONY whereof, we have caused these our letters to be made patents, and the great seal of the said province to be thereunto affixed. Witness WIL- LIAM KEITH, Esq; with our royal approbation Gov- ernor of the said province of Pennsylvania, the Counties of New-castle, Kent and Sussex, on Delaware, this four- teenth day of November, in the seventh year of our Reign, Annoque Domini One Thousand Seven Hundred and Twenty. WILLIAM KEITH.
CAPTIVITY OF BENJAMIN GILBERT AND HIS FAMILY. From the account published a few years after.
Benjamin Gilbert, Son of Joseph Gilbert, was born at Byberry, about 15 miles from the City of Philadelphia, in the year 1711, and received his Education among the people called Quakers.
He resided at or near the place of his nativity for sev- eral years; during which time of residence he married, and after the decease of his first wife, he accomplished a second marriage with Elizabeth Peart, widow of Bryan Peart, and continued in this neighbourhood until the year 1775, when he removed with his family to a farm situated on Mahoning Creek, in Penn township, North- ampton county, being the Frontiers of Pennsylvania, not far from where Fort Allen was erected. The im- provements he carried on here were according to the usual manner of new settlements, convenience being principally attended to; his house and barn being of logs, to this he added a saw-mill and a commodious stone Grist-mill, which, as it commanded the Country for a considerable distance, conduced in some measure to render his situation comfortable.
This short account may not be improper, in order to interest our feelings in the relation of the many scenes of affliction the family were reduced to, when snatched from the pleasing enjoyment of the necessaries and con- veniencies of life. The most flattering of our prospects are often marked with disappointment, expressively in - structing us that we are all strangers and sojourners here, as were our forefathers.
This family was alarmed on the 25th day of the 4th month, 1780, about sun-rise, by a party of eleven In- dians, whose appearance struck them with terror; to attempt an escape was death, and a portion of distress not easy to be supported, the certain attendant on the most patient and submissive conduct. The Indians who made this incursion, were of different tribes or nations, who had abandoned their country on the approach of General Sullivan's Army, and fled within command of the British Forts in Canada, promiscuously settling with- in their neighbourhood, and, according to Indian cus- tom of carrying on war, frequently invading the Fron- tier settlements, taking captive the weak and defence- less.
The names of these Indians, with their respective
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Rowland Monteur, 1st Captain; John Monteur, sec- ond in command, who was also stiled Captain: these two were Mohawks descended of a French woman .- Samuel Harras, a Cayuga Indian, John Huston, and his son John Huston, Jun. Cayugas; John Fox of the Del- aware Nation. The other five were Senecas.
At. this place they made captives of the following persons:
Benjamin Gilbert, aged 69 year; Elizabeth, his wife, 55 years, Joseph Gilbert, his son, 41 years; Jesse Gil- bert, another son, aged 19 years; Sarah Gilbert, wife to Jesse, aged 19 years; Rebecca Gilbert, a daughter, a- ged 16 years; Abner Gilbert a son, aged 14 years; Eli- zabeth Gilbert, a daughter, aged 12 years: Thomas Peart, Son to Benjamin Gilbert's wife, aged 23 years- Benjamin Gilbert, a son of John Gilbert of Philadelphia, aged 11 years: Andrew Harrigar, of German descent, hired by Benjamin Gilbert, aged 26 years: Abigail Dod- son, (daughter of Samuel Dodson, who lived on a farm near one mile distant from the mill) who came that morning with grist, aged 14 years.
They then proceeded to Benjamin Peart's dwelling, about half a mile further, and brought himself and fam- ily, viz.
Benjamin Peart,son to Benjamin Gilbert's, wife aged 27 years: Elizabeth Peart, his wife, aged 20 years: Their child, about nine months old.
The prisoners were bound with cords which the In- dians brought with them, and in this melancholy condi- tion left under a guard for the space of half an hour, du- ring which time the rest of the Captors employed them- selves in plundering the house, and packing up such goods as they chose to carry off, until they had got to- gether a sufficient loading for three horses which they took, besides compelling the distressed prisoners to car- ry part of their plunder. When they had finished plun- dering, they began their retreat, two of their number being detached to fire the buildings, which they did without any exception of those belonging to the unhap- py sufferers; thereby aggravating their distresses, as they could observe the flames, and the falling of the roofs, from an adjoining eminence called Summer Hill. They cast a mournful look towards their dwellings, but were not permitted to stop, until they had reached the further side of the hill, where the party sat down to make a short repast; but grief prevented the prisoners from sharing with them.
The Indians speedily put forwards from this place; as they apprehended they were not so far removed from settlements as to be secure from pursuit, Not much further was a large hill called Mochunk, which they fixed upon for a place of rendezvous: here they halted near an hour, and prepared shoes and sandals, which they called Mockasons, for some of the children: con- sidering themselves in some degree relieved from dan- ger, their fears abated so that they could enjoy their meal at leisure, which they ate very heartily. At their removal from this hill, they told the prisoners that Col. Butler was no great distance from them, in the woods, and that they were going to him.
Near the foot of the hill flows a stream of water called Mochunk creek, which was crossed, and the second mountain passed; the steep and difficult ascent of which appeared very great to the much enfeebled and'affright- ed captives: they were permitted to rest themselves for some minutes, and then pressed onwards to the broad mountain, at the foot of which runs Nescaconnah creek.
Gilbert's settlements. Here they halted an hour, and then struck into the Neskapeck path; the uneavenness and ruggedness of which, rendered it exceedingly toil- some, and obliged them to move forwards slowly .- Quackac creek runs across the Neskapeck path, which leads over Pismire hill. At this last place they stopped to refresh themselves, and then pursued their march a- long the same path, through Moravian Pine Swamp, to Mahoniah mountain, where they lodged, being the first night of their captivity.
It may furnish information to some, to mention the method the Indians generally use to secure their prison- ers: they cut down a sapling as large as a man's thigh, and therein cut notches, in which they fix their legs, and over this they place a pole, crossing the pole on each side with stakes drove in the ground, and in the crotchet of the stakes they place other poles or riders, ef- fectually confining the prisoners on their backs; besides which, they put a strap round their necks, which they fasten to a tree: in this manner the night passed. Their beds were Hemlock branches strewed on the ground, and blankets for a covering, which was an indulgence scarcely to have been expected from savages: it may reasonably be expected, that in this melancholy situa- tion, sleep was a stranger to their eye-lids.
Benjamin Peart having fainted in the evening, occa- sioned by the sufferings he endured, was threatned to be tomahawked by Rowland Monteur.
26th. Early this Morning they continued their route, near the waters of Teropin ponds. The Indians thought it most eligible to separate the prisoners in companies of two by two, each company under the command of a particular Indian, spreading them to a considerable dis- tance, in order to render a pursuit as impracticable as possible. The old people, overcome with fatigue, could not make as much expedition as their severe task- masters thought proper, but failed in their journey, and were therefore threatened with death, by the Indian under whose direction they were placed: thus circum- stanced, they resigned themselves to their unhappy lot, with as much fortitude as possible. Towards evening the parties again met and encamped, having killed a deer, they kindled a fire, each one roasting pieces of the flesh upon sharpened switches. The confinement of the captives was the same with the first night, but, as they were by this time more resigned to the event, they were not altogether deprived of sleep.
27th. After breakfast a council was held concerning the division of the prisoners, which being settled, they delivered each other those prisoners who fell within their several allotments, giving them directions to attend to the particular Indians whose property they became. In the day's journey they passed near Fort Wyoming, on the eastern branch of Susquehanna, about forty miles from their late habitation. The Indians, naturally timid, were alarmed as they approached this garrison, and observed great caution, not suffering any noise, but stepped on the stones that lay in the path, lest any footstep should lead to a discovery. Not far from thence is a considera- ble stream of water, emptying itself into Susquehanna, which they crossed with great difficulty, it being deep and rapid, and continued here this night. Benjamin Gilbert being bound fast with cords, underwent great sufferings.
28th. This morning the prisoners were all painted according to the custem among the Indians, some of them with red and black, some all red, and some with black only: those whom they smut with black, without any other colour, are not considered of any value, and are by this mark generally devoted to death: although this cruel purpose may not be executed immediately, they are seldom preserved to reach the Indian Hamlets alive. In the evening they came to Susquehanna, having had a painful and wearisome journey through a very stony & hilly path. Here the Indians sought diligently for a private lodging-place, that they might be as secure as possible
Doubly distressed by a recollection of past happiness, and a dread of the miseries they had now to undergo, they began the ascent of this mountain with great an- guish both of mind and body. Benjamin Gilbert's wife, dispirited with the increasing difficulties, did not expect she was able to pass this mountain on foot; but being threatened with death by the Indians if she did not per- form it, with many a heavy step she at length succeeded. The broad mountain is said to be seven miles over in this place, and about 10 miles distant from Benjamin | fromany scouting-parties of the white people. It is unne-
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cessary to make further mention of their manner oflodg- ing, as it still remained the same.
29th. They went in search of the horses which had strayed from them in the night, and after some time found them. They then kept the course of the river, walking along its side with difficulty. In the afternoon they came to a place where the Indians had directed four negroes to wait their return, having left them some corn for a subsistance: these negroes had escaped from confinement, and were on their way to Niagara, when first discovered by the Indians; being challenged by them, answered "they were for the King," upon which they immediately received them into protection.
30th. The Negroes who were added to the Company the day before, began cruelly to dominéer and tyrannize over the Prisoners, frequently whipping them for their sport, and treating them with more severity than even the Indians themselves; having had their hearts har- dened by the meanness of their condition, and long subjection to Slavery. In this Day's journey they pas- sed the remains of the Indian Town, Wyaloosing. The lands round these ruins have a remarkable appear- ance of fertility. In the Evening they made a lodg- ment by the side of a large Creek.
5th Month Ist. After crossing a considerable Hill in the Morning, they came to a Place where two Indians lay dead. A Party of Indians had taken some white People, whom they were carrying off Prisoners, they rose upon the Indians in the night, killed four of them and then effected their escape. The women were sent forwards, and the men-prisoners commanded to draw near and view the two dead bodies, which remained, (the other two being removed); they staid to observe them a considerable time, and were then ordered to a place were a tree was blown down. Death appeared to be their doom; but after remaining in a state of sad sus- pense for some time, they were ordered to dig a grave; to effect which, they cut a sapling with their tomahawks, and sharpened one end, with which wooden instrument one of them broke the ground, and the others cast the earth out with their hands, the negroes being permitted to beat them severely whilst they were thus employed. After interring the bodies, they went for- wards to the rest, and overtook them as they were pre- paring for their lodging. They were not yet released from their sapling confinement.
2d. Having some of their provisions with them, they made an early meal, and travelled the whole day. They crossed the East Branch of Susquehanna towards even- ing, in canoes, at the place where Gen. Sullivan's army had passed it in their expedition. Their encampment was on the western side of this branch of the river; but two Indians who did not cross it, sent for Benjamin Gil- bert, jun. and Jesse Gilbert's wife, and as no probable cause could be assigned why it was so, the design was considered as a very dark one, and was a grievous af- fliction to the others.
3d. The morning however dispelled their fears, when they had the satisfaction of seeing them again, and un- derstood they had not received any treatment harder than their usual fare. The horses swam the Susquehan- na, by the side of the canoe. This day the Indians in their march found a scalp, and took it along with them, as also some old corn, of which they made a supper .-- They frequently killed deer, and by that means suppli- ed the company with meat, being almost the only pro- vision they ate, as the Flour they took with them was expended.
4th. The path they travelled- this morning was but little trodden, which made it difficult for those who were not acquainted with the woods to keep in it. They crossed a creek, made up a large fire to warm them- selves by, and then separated into two companies, the one taking the westward path, with whom were Tho- mas Peart, Joseph Gilbert, Benjamin Gilbert, jun. and Jesse Gilbert's wife Sarah; the others went more to the north, over rich level land. When evening came, inqui-
ry was made concerning the four captives who were ta- ken in the westward path, and they were told, that "These were killed and scalped, and you may expect the same fate to-night." *Andrew Harrigar was so ter- rified at the threat, that he resolved upon leaving them, and as soon as it was dark, took a kettle with pretence of bringing some water, and made his escape under fa- vour of the night. He was sought after by the Indians as soon as they observed him to be missing.
5th. In the morning the Indians returned; their search for Andrew Harrigar being happily for him unsuccess- ful. The prisoners who remained, were therefore treat- ed with great severity on account of his escape, and were often accused of being privy to his design. Capt. Rowland Monteur, carried his resentment so far, that he threw Jesse Gilbert down, and lifted his tomahawk to strike him, which the mother prevented, by putting her head on his forehead, beseeching him to spare her son: This so enraged him, that he turned round, kicked her over, and tied them both by their necks to a tree, where they remained until his fury was a little abated; he then loosed them,and not long after bid them pack up and go forwards. They passed through a large pine swamp, and about noon reached one of the Kittareen towns, which was desolated. Not far from this town, on the summit of a mountain, there issues a large spring, forming a ve- ry considerable fall, and runs very rapidly in an irregu- lar winding stream down the mountain's sides. They left this place, and took up their lodging in a deserted wigwam covered with bark, which had formerly been part of a town of the Shipquagas.
6th, 7th, and 8th. They continued these three days in the neighborhood of these villages, which had been deserted upon Ger .. Sullivan's approach. Here they lived well, having in addition to their usual bill of fare, plenty of turnips and potatoes, which had remained in the ground, unnoticed by the army. This place was the hunting-ground of the Shiquagas, and whenever their industry prompted them to go out hunting, they had no difficulty to procure as many deer as they desired.
Roast and boiled meat, with vegetables, afforded them plentiful meals; they also caught a wild turkey, and some fish, called suckers. Their manner of catching fish, was, to sharpen a stick, and watch along the rivers until a fish came near them, when they suddenly pier- ced him with the stick, and brought him out of the water.
Here were a number of colts, some of them were ta- ken, and the prisoners ordered to manage them, which was not easily done.
9th. When they renewed their march, they placed the mother upon a horse that seemed dangerous to ride, but she was preserved from any injury. In this day's journey they came to meadow ground, where they staid the night, the men being confined as before related, and the negroes lay near them for a guard.
10th. A wet swamp, that was very troublesome, lay in their road; after which they had to pass a rugged mountain, where there was no path. The underbrush made it hard labour for the women to travel; but no ex- cuse would avail with their severe masters, and they were compelled to keep up with the Indians, however great the fatigue. When they had passed it, they tar- ried awhile for the negroes who had lagged behind, hav- ing sufficient employ to attend to the colts that carried the Plunder. When all the company met together, they agreed to rendezvous in an adjoining swamp.
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