YALE UNIVERSITY LIBRARY ANNALS or PENNSYLVANIA, FROM IRE DISCOVERY OF THE DELAWARE. BY SAMUEL HAZAKD, EDITOR OP "THE REGISTER OP PENNSYLVANIA," AND "THE UNITED STATES COMMERCIAL AND STATISTICAL REGISTER, MEMBER OF THE HISTORICAL SOCIETY OF PENNSYLVANIA, AND CORRESPONDING MEMBER OE THE NEW YORK HISTORICAL SOCIETY, AND OP THE AMERICAN STATISTICAL ASSOCIATION OF BOSTON. 1609—1682. PHILADELPHIA: HAZARD AND MITCHELL, No. 178 CHESTNUT STREET. 18«5 0. Entered according to Act of Congress, in the year 1850, hy SAMUEL HAZARD, in the Office of the Clerk of the District Court of the Eastern District of Pennsylvania. GW5,3 STEREOTYPED BY L. JOHNSON & CO. PHILADELPHIA. PRINTED BY KITE 4 WALTON. PREFACE. The ap'pearance of the present volume has been delayed much longer than was anticipated when the prospectus was issued. Judging from the inci- denjal allusions, in the works already published, to events prior to the arrival of William Penn, the author was impressed with the belief that few materials existed in relation^ to the early settlements on the River Delaware, and felt a desire that, if others did exist, they should be discovered, in order to render more complete our history from the period of the first European attempts at settlement and civilization. It was astonishing to find how little was known of these attempts, even by many persons well acquainted with our subsequent history; while, by a large portion of our citizens, the fact of settlements having been made many years previously to the appearance of Penn, will be, perhaps, at this day, learned with surprise. "With a strong" desire to supply the defect, the author was induced to undertake the task of exploring this comparatively untrodden field. Happily, through the liberality and care of the Legislature of New York, (whose early history was intimately blended with our own,) the means of gratifying this desire were placed within his Beach. Many of the original Dutch documents have been preserved, and, at the expense of that body, translated by a gentleman from Holland, fully competent to the task in all respects, except in a perfect knowledge of our language. The result of his labour is nearly thirty volumes, bound, and furnished with an ample index : these, with many other records in the Secre tary's office at Albany, were, during a protracted visit there, diligently examined, and extracts made from them of such portions as suited the pur pose ; generally in the language of the record. In them will be.found an almost unbroken series of events, from the first connection of the settlements of the Dutch on the Delaware with those on the Hudson, illustrating at the same time the history of both. Further additiongMiaving been made, under the patronage of the'same legislature, through |he researches of Mr. Brodhead, theiragent in Europe, ewhieh have b^en- referred to on page 42, — to these, also, the' author had ¦> free access: a portion of them, howeYer, being from Holland, and in the Dutch language, was, on that account, not avaffable, with the exception of some extracts which he caused to be translated. They are understood to contain important,matter connected with our history, and ' it is believed that Mr. O'Callaighan (whose late excellent work on New Nether- jv PREFACE. lands has frequently supplied our deficiency) is engaged in the translation of them. It is therefore hoped, that, in a tew years, they may add much to our present stock of knowledge. From the English documents, obtained also by Mr. Brodhead, has been ascertained, as the author thinks, with some'4 degree of accuracy, the period of the arrival of the Swedes upon the Dela ware, a question hitherto involved in doubt and uncertainty. For the remaining portion of the Swedish history, the documents furnished to the American Philosophical Society by our former Minister to Sweden, Mr. Bus- sell, and which were published some years since in the Register of Pennsyl vania, have been chiefly relied upon. No doubt many valuable records remain among the archives of Sweden,"which ought to be obtained, for the purpose of rendering the history of. her people on our shores more complete. Another desirable object of research connected with this early period, was the arrival and settlement of the English on our river, respecting which; but little was known. As the first attempts were made by New Haven and other parts of New England, the author, (notwithstanding the records of the United Colonies had been generally examined by his father, and published in his Historical Collections,) supposing that some facts could be found which had not attracted his attention, carefully examined the records in New Haven, Hart ford, Boston, and Plymouth, as well in the public offices as in possession of Historical Societies there, and in New York; which research, though not very fruitful, furnished some documents, which appear in their proper places in this work. Besides these, the records at New Castle and Dp ver have been put under requisition for information respecting the English, after the dis appearance of the Dutch and Swedes. Much valuable matter was thence obtained, especially at the former place, respecting the courts, (which then, under the governors at New York, managed affairs of both church and state,) early grants of land, the landing, and taking possession by Penn, &c. The records in our own public offices have not furnished much information rela tive to this period, though they no doubt will be of value for the subsequent portion of the work. From these, and all other promising sources, the author has endeavoured, with much labour, time, and expense, to obtain the most authentic infor mation of this early period, in which but Uttle assistance could be derived from books or individual^ Only they who have been in the practice of examining ancient records, can appreciate the difficulty frequently attend ing it, in deciphering the names of persons and places, &c. This is men tioned to account, in part, for the ¦ variety used in printing names, it being often (impossible to ascertain the correct mode of spelling, as well as the person or place intended. In general, the mode adopted 1by the writers has ¦been employed. Many places cannot, at the- present time, be identified by the name. PREFACE. v * With regard' to dates, it has also been sometimes found difficult to ascertain whetbTer they belong to the old or new style, as the documents do not always occur in -such juxtaposition as, ,in the absence of other marks, would indicate it.. The Dutch having adopted the new style prior to 1600, their dates are so considered in this volume. The Swedes did not make,' the change till 1753, but the materials being few, and having nothing to mark the period to which they belong, the dates found in them are given, which we suppose to be old style. The English adopted the present mode in 1752, one year before the Swedes, and their dates are, of course, old style. The dates in the, margin are designed to be new style ; when they occur in the text, old style, which it has been thought best sometimes to preserve, as some docu ments have been so long recognised by their dates as to be familiar to the memory. Dates in old style, by the addition of ten days, are converted into new style for the margin; by which means, if any apparent discrepancy between dates and events occur, they may be tested. Although great pains has been taken to render them correct, it is possible some errors may be noticed. Throughout this work, therefore, the main object has been, by the intro duction of facts, documents, and even personal correspondence, of every variety of form and importance, to trace the settlements on the river from their commencement, and by them to show the character and circumstances of the different nations who, for seventy years, had possession before the arrival of Penn; and the state of the country when he first appeared. We, at this day, can hardly estimate the peculiar difficulties and dangers to which the handful of Dutch who originally seated themselves at Fort Nassau were exposed, in the midst of forests, and among savages, who then, for the first time, beheld the white man ; and, considering the natural ferocity and barbarity of the natives, we cannot but wonder that that feeble company was not imme diately destroyed, and every subsequent attempt at settlement rendered abortive. With, however, the exceptions recorded, we find but few instances of great cruelty exercised towards them. In a few years, another nation (the Swedes) approaches; conflicts and jealousies ensue between the two races of white men, while the savages, as they gradually mingle with them, become still more peaceable and friendly, unless when stimulated to espouse the cause of one or the other of the rival parties. After dwelling together in this manner for some years, making but little progress, one nation drives the other from these shores, and for a while maintains the sole command of the river. A third power then appears, and both of the former nations vanish. Being a people homogeneous in their character and views, order is established, as well as courts and churches; lands are taken up and settled on all sides; towns are erected ; the ferocity of the savages becomes more subdued, and the prospect brightens for the future. Still was wanting a man who, by his y£ PREFACE. prudence, wisdom, and enlarged views, should command 'the confidence and respect of the people and the natives; who would improve the present favour able condition of the country, though comparatively still a wilderness, and lay the foundation of a great and happy province. For this purpose, Provi dence appears to have made provision, by opening the way, and selecting the person best fitted, under all the circumstances, for the occasion— our illustrious founder, Whiiam Penn; whose course, from the' time of receiving the charter to his taking possession of the country, and establishing the government, has been traced in this volume, by collecting and introducing , all his public acts connected with that period. A desire to do this, and thus finish the first part of the plan, has increased the size of the volume beyond^ the stipulated limits. The present volume may be considered either as com plete in itself, for the period embraced in it, or as preliminary to what may succeed it. As will be seen, it includes a large portion of the early history of New York, New Jersey, Delaware, and Maryland. The form of annals, which has been adopted in this work, has been pre ferred, as best suited to the introduction of isolated facts, but especially because, by a regular chronological series of events, their connection with each other is more apparent. It is from facts that history derives its import ance, not from a selection of a few striking incidents, embellished by fascinat ing language, and perhaps distorted by the views of the author. The habits, manners, and customs of a people are best ascertained by their prevailing practices and sentiments, as derived from their own records and correspond ence. Under this impression the author has, in a great measure, confined himself to them, believing his readers as competent as himself to form a just estimate of the people, and draw the proper inference from the events. For the purpose of facilitating investigation, marginal notes have been intro duced ; the names of the kings and governors during whose administration the events occurred, as well as the year, have been printed at the head of ,the page, and a reference to the authorities at the bottom of it. The docu ments are placed in connection with the events. To the whole, a copious Index is added, of which necessary appendage, it is to be regretted, the pre vious histories of this state, as well as of many others, are entirely deficient. The volume is commended to the candid attention of the reader, with the hope it may afford information and amusement. Stttijnmfei nhml in in tjtia Mum. MANUSCRIPTS. Albany Records, translated by Vanderkemp. Holland Documents, in Dutch, procured by J. R. Brodhead. London Documents, - " " " New Haven Court and Colony Records. Records of the United New Bnglaoad Colonies, at Hartford, Boston, and Plymouth. Records in the Office of the Secretary of State at Boston. Trumbull MSS., at New Haven, and in possession of Massachusetts Historical Society, Boston. New Castle Records. w Records at Dover, Delaware. Records of Chester, at West Chester; and also Records of Upland Court, in possession of the Logan Family. Records at Harrisburg. Records at Philadelphia. Records of Bucks County, at Doylestown. Records of Swedes' Church, Philadelphia. Miller, and other MSS., in New York Historical Society. MSS. in possession of American Philosophical Society, Philadelphia. MSS. of Du Simitiere, in Philadelphia Library. Letter-Book of James Claypoole, in possession of W. P. Foulke, Esq. Pemberton MSS., in possession of the family. LIST OF PRINTED WORKS. {More particularly referred to where quoted in ihe work.) B. Hazard's Historical Collections. Stith's and Beverly's Histories of Virginia. Smith's History of New York. Collections of Historical Society of New York, (for Aerelius, and other' early writers.) O'Callaghan's History of New Netherlands. Collections of Historical Society of Massachusetts. Belknap's American Biography. Clarkson's Life of Penn. vii Viii LIST OF AUTHORITIES. Brodhead's Address to New York Historical Society. Purchas's Pilgrims. Argonautica Gustaviana, in Cambridge Library. Loccenius's History of Sweden, (quoted.) Trumbull's History of'-Connecticut. Winthrop's Journal, with Savage's Notes. Chalmers's Political Annals. Smith's New Jersey. Mickle's Reminiscences of Gloucester. New Albion, by Plantaganet, in the Philadelphia Library. Edwards's History of the Baptists in New Jersey. Memoirs of Historical Society of Pennsylvania, (for Campanius, translated by Duponceau, &c.) Histories of Maryland, by Bozman, McMahon, and McSherry. Bancroft's United States. Collection of Laws, &c, of New Jersey, by Learning and Spicer. Proud's and Gordon's Histories of Pennsylvania. Watson's Annals. Moulton's History of New York. Thurlow's State Papers. Votes of Assembly of Pennsylvania. Mulford's History of New Jersey. Gordon's Gazetteer of New Jersey. Gorton's Biographical Dictionary. Johnson's History of Salem. =H3. Hazard's Register of Pennsylvania. Breviat of Evidence in case of Penn and Lord Baltimore. Delaware Register. Foote's Anniversary Address to Drawyers' Congregation. Kingsley's Anniversary Address at New Haven. King's Address to New Jersey Historical Society. Clay's Annals of the Swedes. Ferris's Early Settlements on Delaware. Hawks's History of Episcopal Church. ANNALS OF PENNSYLTANIA. 1609. Without noticing the labours and discoveries of the nu merous navigators, (from the time of Columbus,) of the American continent generally, it is our intention to confine ourselves to those whose more immediate claim is asserted to the discovery of the Bay and River Delaware. In an oflicial report drawn up by a Dutch Chamber, from claimants of documents and papers placed in their hands, December 15, the aisc0Te- 1644, it is said that " New Netherland, situate in America, laware. between English Virginia and New England, extending from the South (Delaware) River, lying in latitude 38J°, to Cape Malabar, in latitude 41J°, was first frequented by the inha bitants of this country in the year 1598, and especially by those of the Greenland Company, but without making any fixed settlements, only as a shelter in the winter; for which purpose they erected there two little forts on the South and North Rivers, against the incursions of the Indians."1 Sir Walter Raleigh and Lord Delaware have also been sir waiter mentioned as discoverers of the Delaware. With regard to Bale,eh- the former, it is by no means certain that he ever was in this country at all. It is true, he obtained a patent for Virginia, and was engaged in fitting out an expedition ; but Stith, the historian of Virginia, asserts that he " did not come himself, as hath been generally, though erroneously, thought."2 It is said that Lord Delaware " touched at Delaware Bay Lord on his passage to Virginia, in 1610;" from this circumstance Delaware. 1 See this report at length in O'Callaghan's History of New Netherlands, vol. i. p. 418. 2 Stith's History of Virginia, p. 8. 1 A 1 HenryHudson. Aug. 28. DISCOVERY OF DELAWARE RIVER. 1609. the bay probably received his name, and may have given to '--»--' him the credit of its discovery, as it was so called in a letter from Captain Argall, written from Virginia in 1612."1 But if this be the fact, it did not take place till one year after the well-known visit of Henry Hudson in 1609, to whom his torians, almost universally, now concede the most rightful claim to the honour of the discovery. Henry Hudson was, by birth, an Englishman, but had been for some time previously to, and at the time of the discovery, employed in the service of the Dutch East India Company. The subject of a north-west passage to China at this time occupying much attention, he was engaged by that company as captain and supercargo of the ship or " yagt Halve- Maan,2 or Half-Moon, of 40 lasts or 80 tons burthen." She left the Texel, April 9, 1609,3 but did not reach the Dela ware till 28th of August following ; and though it does not appear that he was on shore, yet he examined its soundings and currents, and the appearance of the land.4 Both the English and the Dutch laid claim to the honour of the dis covery, and the right to the land ; the former, from the cir cumstance of his birth ; the latter, from the fact of his being actually in their service at the time, and under their flag. The journal of Hudson, as well as that of Robert Juet, his mate, have both been preserved in " Purchas's Pilgrims ;"5 the former is republished in the first volume of the Transac tions of the New York Historical Society, and the latter in vol. i. N. S., of the same, page 320. Of Hudson's, DeLaet, in his " New World,"6 has furnished the following summary : " The Directors of the authorized East India Company, in the year 1609, despatched the < yacht Half-Moon,' under the command of Henry Hudson, captain and supercargo, to seek a passage to China by the N. E. But he changed his course, (owing to ice,) and stood over towards New France, and having passed the banks of Newfoundland, in lat. 43° 23', he made the land in lat. 44° 15', with a W. N. W. and N. W. course, and went on shore, at a place where there were many 1 N. Y. Historical Collections, N. S., vol. i. p. 320. 2 Brodhead's Address to N. Y. Hist. Soe, p. 14. 3 Ibid. The date heretofore given for her sailing is 6th of April. The pie- sent date was obtained by Mr. B. from a document still in existence 4 Belknap's Am. Biog. vol. ii. p. 397. « Purchas's Pilgrims, vol. iii. pp. 510, 567, London ed. 1625 6 See N. Y. Hist. Coll. N. S, vol. i. pp. 85, 290. Hudson's Journal of voyage. JOURNALS OF HUDSON'S VOYAGE. 3 of the natives, with whom, as he understood, the French came 1609. every year to trade.1 Sailing hence, his course was to the ' — r~~' S., until running S. S. W. and S. W. by S., he again made land in 41° 43', which he supposed to be an island, and gave Hudson's to it the name of New Holland ; but afterwards discovered fou™al coa" 1 *~i -1 t» • tinued. that it was Cape Cod. Pursuing his course to the S., he again saw land, in lat. 37° 15'. The coast was low, running N. and S., and opposite to it lay a bank or shoal, within which was a depth of 8, 9, 10, 11, 7, and 6J fathoms, with a sandy bottom. This he called Dry Cape, (supposed to be Chesapeake Bay and Cape Charles.) Changing his course to the northward, he again discovered land, in lat. 38° 9', where there was a white sandy shore, and within appeared a thick grove of trees, full of green foliage. The direction of the coast was N. N. E. and S. S. W. for about 24 miles ; then N. and S. for 21 miles, and afterwards S. E. and N. W. for 15 miles. They continued to run along this coast to the N. until they reached a point from which the land stretches to W. and N. W., where several rivers discharge into an open bay. Land was seen to the E. and N. E., which Hudson at first took to be an island, but it proved to be the main land, and the second point of the bay, in lat. 38° 54'. (This was, without doubt, Cape May, now laid down in lat. 38° 57', varying only 3' from the observations of Hudson ; the re mainder of the description applies well enough to Delaware Bay and River, now first discovered by the Dutch.) Standing in upon a course N. W. by E., they soon found themselves embayed, and encountering many breakers, stood out again to the S. S. E. Hudson suspected that a large river dis charged into the bay, from the strength of the current that set out, and caused the accumulation of sands and shoals. They then continued along the coast towards Sandy Hook."2 The following is the mate's account, or log-book, of that portion of the voyage : "Friday, Aug. 28. Fair and hot weather; wind S. S. W. Robt.juet's In the morning at 6 o'clock we weighed, and steered away J™™*1 of N. 12 leagues till noon, and came to the point of the land; and being hard by the land, in 5 fathoms, on a sudden we came into 3 fathoms ; then we bore up, and had but 10 feet 1 Supposed near the mouth of Penobscot, or a small French settlement, now Annapolis, N. S. 2 N. Y. Hist. S. Coll. vol. i. N. S. p. 290. De Laet's description. 4 NAMES OF THE DELAWARE. 1609. water, and joined to the point. Then as soon as we were *— over, we had 5, 6, 7, 8, 9, 10, 12, and 13 fathoms. Then we found the land to trend away N. W. with a great bay and juet's rivers. But the bay we found shoal, and in the offing we had ttoueT10011' 10 fathoms, and had sight of breaches and dry sands. Then we were forced to stand back again, so we stood back S. E. by S. 3 leagues, and at 7 o'clock we anchored in 8 fathoms water, and found a tide set N. W. and N. N. W., and it rises 1 fathom and flows S. S. E. And he that will thoroughly discover this great bay, must have a small pinnace,^ that must draw but four or five foot water, to sound before him. At 5 in the morning we weighed, and steered away to the eastward on many courses, for the more northern land is full of shoals ; we were among them, and once we struck and we went away, and steered away to the S. E., so that we had 2, 3, 4, 5, 6, and 7 fathoms, and so deeper and deeper."1 The bay and river have been known by different names at Names of different times, according to the nations who have occupied. Bay and rp^ f instance tne Indians called it Poutaxat, Mariskit- Kiyer. 7 / * ton, and Makerish-kisken ; Lenape Wihittuck ; the Dutch, Zuydt, or South River, Nassau River, Prince Hendrick, or Charles's River ; by the Swedes, New Swedeland Stream ; by the English, Delaware ; Heylin, in his Cosmography, calls it Arasapha. The bay has also been known as New Port May, Godyn's Bay. Owing to the destruction of documents in Holland, there is no satisfactory information of events for several years after this period. 1614. In consequence of numerous petitions, "by certain mer- March27. chants interested in maritime discovery," presented to the High and Mighty States-General of Holland, a general edict was passed in favour of all persons who had, or should there after, discover " any new courses, havens, countries, or places, of the exclusive privilege of resorting to, and fre- spcoiai privi- quenting the same for four voyages." Persons contravening to^to™!^ lt; were ^a^^e to the confiscation of their vessels, and a fine ers. of 50,000 Netherland ducats, to the profit of the discoverer. The discoverer, in fourteen days after his return from the 1 N. Y. Hist. S. Coll. vol. i. p. 130; vol. i. N. S., p. 320. De Laet, pp. 302, 320. Proud, ii. 294. , w&te. VISIT OF CAPTAIN MEY TO THE DELAWARE. 5 voyage, was required to "deliver to the States-General, " a 1614. pertinent report of his discoveries." If one or more com- " — ¦ — ' panies discover the same countries "within the same time," then they unitedly were -to enjoy the privilege of the four voyages, the time when they shall cease to be determined by the States, who were also to settle any differences arising.1 Five vessels were fitted out by merchants of Amsterdam, Kve Tesseis &c, under this edict, one of which, called the " Fortune," J**™™' belonging to Hoorn, was commanded by Captain Cornelis America. Af- Jacobsen Mey ; he, with Captain Adriaen Block, and Hendrick J^,™"^,. Cortiansen, of the Tiger, and another vessel also named For- and another tune, besides two others, proceeded on an exploring expedition ^m 0j f0M to the mouth of the Manhattan River, where Block's vessel was to Holland. unfortunately destroyed by fire. In order to supply its place, leseB„ ^ea he immediately commenced building a yacht of 38 feet keel, m tne Deia- 44J feet long, and 11J feet wide. This was the first vessel constructed in this country by Europeans. She was called the " Restless," of about 16 tons burden. All these vessels were employed in making discoveries at the eastward, except the Fortune, Captain Mey, who went south, and arrived at the Delaware Bay ; from him the eastern cape was called - Cape May, and the western, Cape Cornelis, while the princi pal cape was named Hindlopen f some say after a town in Friesland, and others from Ilmer Hinlop. These explora tions being completed, the vessels all returned to Holland, to make their report, except the "Restless," which being placed under command of Captain Hendrickson, was left for the /purpose of more minute examination of the coast. She pro-. ceeded to the Delaware for information regarding the country, as well as the native trade.3 Deputies of the United Company of Merchants who had October 11. discovered " New Netherland," made a report of it to their Reportofdis- High Mightinesses the States-General, and asked for a special ™^sets'f™d edict in their favour, agreeably to the terms of the general confirmation ordinance of the 27th March. They stated, that at great ^8pi£iTi' expense and heavy damage to themselves, arising from the misedby loss of vessels, during the last year, they had, with five ships ed" ! °r ;7li owned by them, discovered and explored certain new lands 1 Brodhead's Address, p. 15. Holl. Doc. i. 15, 17, 19, translated at length in TCallaghan, vol. i. p. 71. 2 The cape now called Henlopen was then Cornelis. 3 O'Call. 75.' De Laet. Brodhead, p. 19. a2 March. 6 DISCOVERY OF THE RIVER SCHUYLKILL. 1614. lying in America, between New France and Virginia, in the —vW latitude of from 40 to 45 degrees, which they called " New Netherland." They also presented a map of the newly- discovered country ; it is about three feet long, and is spoken of as a faithful delineation of the Hudson River, as far as Albany, made within five years after its discovery, and "perhaps by one of the companions of Hudson himself." A fac-simile of it is in the office of the secretary of state at Albany.1 After hearing the report, and examining the map, their Privileges se- High Mightinesses ordained that the owners of the ships cM^dict oT ¦Fox' CaPtain De With ; the TiSer and fortune, Captains toberii.' Adriaen Block and Hendrick Cortiansen; the ship Nighten gale, Captain Volkertsen, and the ship Fortune, Captain Jacobsen Mey, 'now united into one company, be authorized and allowed " exclusively to navigate to the said newly-dis covered lands lying in America, between Ne.w France and Virginia, the coast of which is situated in latitude from 40° to 45°, now called 'New Netherlands,' for four voyages, within the period of three years, commencing the 1st January, 1615, next ensuing, or sooner, without any other persons directly or indirectly, shall be at liberty, out of these United Netherlands, to sail to, navigate to, or frequent the said newly discovered lands, havens, or places, within the said period of three years, under pain of confiscation of ships and cargoes wherewith the same shall be attempted, contrary to this decree, and of a fine of 50,000 Netherland ducats, to the benefit of the aforesaid discoverers, &c." They do not intend to prejudice or curtail former grants, and reserve the right to decide in any cases of disagreement ; it was dated at the Hague, October ll.2 1616. Captain Hendrickson, in the « Restless," which had been capt. Hen- left for the purpose of more particularly examining the coast, ™cu: and esPecially the Delaware, having completed these objects, coveryoftue and ascended that river as high as the Schuylkill, which river !£K ** appearS he diseovered ^out this time, also took his de parture for Holland ; on his arrival, made a report of his dis coveries, and demanded, under the edict of 27th March, 1614, > Brodhead's Address, p. 16. Holl. Doc. p. 39. Ibid. p. 53. Holl. Doc. i. p.. 47. O'Callaghan, i. p. 76. DEATH OF LORD DELAWARE. 7 the exclusive privilege therein promised. From some cause, 1616. not exactly known, his application proved unsuccessful. His ' — f~~' report is among the Holland documents, and furnishes but little information. He speaks of "having discovered and His report explored certain lands, a bay, and three rivers, situated be- j^f™^ tween 38° and 40°, in a small yacht of 16 tons burden, natives; his named the < Onrust,' (Restless,) which had been built at Man- i,eti«onfor 7 *• 7' privileges hattan." He also furnished a very curious map, drawn on notgranted. parchment, about 2 feet long and 18 inches wide, and " exe cuted in the most elegant style of art;" showing, " very accu rately," the coast from Nova Scotia to the Capes of Virginia, &c. A fac-simile of this map is also at Albany. This report was probably a verbal one, as the States, prior to deciding upon his application, required one in writing, which he next day presented ; in it he states his discoveries, describes some of the productions of the country, and says that " he bought three of the native inhabitants from the Maquas and Mohi cans, who held them in slavery, for whom he gave in exchange kettles, beads, and merchandise." It does not appear that the special privilege applied for was granted.1 1618. The privileges granted by the octroy, or edict of 1614, ex- Jannary 1. pired this year by its own limitation. An application for a ^^frter renewal was partially granted, and for limited periods.2 expires. Lord Delaware dies this year off the Western Isles, or as Death of some say, off the Capes of Delaware; he was on a voyage LordI>ela- from England to Virginia. There was some suspicion that he had been poisoned.3 From this period till 1620, various private adventures were undertaken, and frequent applications made, unsuccess fully, to the States-General, for exclusive privileges. 1620. " The Directors of the Company trading to New Nether- February 12. land," whose grant had expired in 1618, and by which event that trade became Jree to every person, represent to the States-General, that " there is residing at Leyden, an English preacher, well versed in the Dutch language, and who is in- 1 Brodhead's Address, p. 18. Holl. Doc. vol. i. p. 59. O'Call. vol. i. p. 78. 2 O'Call. p. 81. Holl. Doc. vol. i. 82. 3 Beverly's Virginia, p. 32. Stith, p. 148. Belknap's Biog. vol. ii. p. 20. g CHARTER OF THE WEST INDIA COMPANY. 1620. clined to go there to live," and that 400 families would go — — ' with him, "from Holland as well as England," with suitable protection from the States-General ; and also express their Applications belief that the English were disposed to colonize those lands, for special an(j tkus &eyTive the States of the benefits of their discove- Kev^Titt ries ; they ask to be taken under their protection, and "that, binsonand provisionaiiy) two ships of war may be sent to secure the Plymouth lands to the government." After deliberating till April 11, colony' the prayer of the memorialists was rejected. Within about three months, however, (July, 1620,) some of the associates of the Rev. Mr. Robinson, the English preacher alluded to, embarked at Delft Haven, in the May-flower, arrived after some time at Plymouth, and laid the foundation of that colony.1 In August of the same year, petitions were presented by Captain Mey, Henry Elkins, and others, (the latter in opposition to the former.) Vain attempts to reconcile them having been employed, both grants were denied. These various movements, however, probably led to the establish ment of the West India Company, in 1621. 1621. The celebrated West India Company was chartered, under jane s. whose power and government the first settlements on this river were made, and continued for many years. The follow ing is a summary of the provisions of this charter. The charter from the States-General of the United Nether- summaryof lands to the West India Company, provides, " that for the the charter term 0f 24 years, none of the natives or inhabitants of these ofthe West J ' . India Co. countries shall be permitted to sail to or from the said lands, or to traffic, on the coast of Africa, from the tropic of Cancer to the Cape of Good Hope, nor in the countries of America, or the West Indies, beginning at the south end of Terra Nova, by the Straits of Magellan, La Maire, or any other straits and passages situated thereabouts, to the Straits of Anian, as well on the North Sea as the South Sea ; nor on any islands situated on the one side or the other, or between both ; nor in the western or southern countries reaching, lying, and between both the meridians, from the Cape of Good Hope, in the east, to the east end of New Guinea in the west, but in the name of this united company of these United 1 Brodhead's Address, p. 22 ; and the Memorial at length, p. 54, translated from Holl. Doc. vol. i. p. 95. CHARTER OF THE WEST INDIA COMPANY. 9 Netherlands," under penalty of forfeiture of goods and ships 1621. found for sale on the above coasts and lands. The charter to ' ' ' operate from 1st July. The salt trade at Ponte del Re to continue under instructions already given. "The company may, in the name and authority of the charter of States, make contracts, engagements, and alliances with company a princes and natives of the countries" mentioned, and " also continued. build forts, &c, there; appoint and discharge governors, people for war, officers of justice, and other public officers," &c. ; " they must advance the peopling" of these countries, &c, and transmit a report of such contracts and alliances, and " the situation" of the fortresses, &c, taken by them. The States to approve of instructions to governors, &c, and grant the commissions, with various other regulations of their internal concerns, which may be seen at length in Hazard's Historical Collections, vol. i. pp. 121—131, 149, 181. Five branches, or chambers, were established in different sections, but the great centre was that at Amsterdam, which furnished at first eight, and afterwards nine, of a board of nineteen persons, who had the general superintendence and di rection of the affairs of the company, from which it is usually styled the "Assembly of XIX." The States-General fur nished one member of the board, and Zealand, Maeze, Fries- land, the North Department, and Groeningen the remainder. This charter was extended and amended somewhat, two years afterwards. It appears that, although the Dutch West India Company sept. 28. had obtained the foregoing charter, it did not commence vessels de- active operations under it for sometime ; licenses were, in the N,?wNetll°^ mean time, granted to several enterprising individuals, to send iana;one&r -i • i i -i i_ j* A tueDela- out two vessels to certain countries which had been discovered between 40° and 45°, called " New Netherland," and to the adjacent territories, together with a great river lying between 38° and 40°, "and to truck and trade with the natives." This great river, to which one of these vessels was to proceed, was no doubt the Delaware. These vessels were bound to return on or before the first of July following, with their cargoes, by which time it was supposed the West India Com pany would be ready to go into operation.1 Of the arrival of this vessel in the Delaware, and of her success, we have seen no account. But it seems that information from several hands ' Holl. Doc, quoted by O'CaUaghan, vol. i. p. 94, 95. ware. serts Tier claim to the conm Indian trade. Unsuccessful VIRGINIA CLAIM TO TRADE OF DELAWARE. had reached the Virginia Company, that the French and Dutch carried on a very profitable trade with the Indians in Delaware and Hudson Rivers, " which were within their grant, Virginia as- and then esteemed parts of Virginia. The company, there fore, this vear resolved to vindicate their right, and not to ILL LU WIG 7 %J 1 1 • 1 1 J» ntry and permit foreigners to run away with so lucrative a branch of '[_ their trade. One Captain Jones was accordingly sent upon expedition, the voyage, but, by the wickedness of him and his mariners, the adventure was lost, and the whole project overthrown," after having been supported by the Earl of Southampton and Sir Edwin Sandys, who each subscribed £200.x The attention of the English government, through the EngUsh am- privy council, having been awakened, by the Virginia Com- T ™°toat Panv' t0 the Pr°gress making by the Dutch in New Nether- present land, they directed their ambassador, Sir Dudley Carleton, at reinstate the Hague, "to bring the subject of the Dutch plantations in against North America, to the special notice of the States-General." This, as far as known, is the first assertion by the British government " of the unlawfulness of the Dutch colony." The Dec. 15, o. s. council say, " Whereas, his majesty's subjects have, many years since,2 taken possession of the whole precinct, and in habited some parts of the north of Virginia, (by us called New England,) of all which countries, his majesty hath, in like manner, some years since, by patent, granted the quiet and full possession unto particular persons ; nevertheless we understand, that the year past, the Hollanders have entered upon some part thereof, and have left a colony, and given new names to the several ports appertaining to that part of the country, and are now in readiness to send for their supply six or eight ships; whereof his majesty being advertised, we have received his royal command to signify his pleasure that you should represent these things to the States-General, in his majesty's name, (who, jureprimce occupationis, hath good 1 Stith's History of Virginia, p. 198. 2 The first colony arrived in Virginia in 1586, but returned to England, and the second in 1587, in the reign of Queen Elizabeth. The first charter was granted by King James, in 1606, to two companies ; a second in 1609 ; a third in 1611-12. The first company was to extend from 34° to 41°, and the second from 38° to 45° ; thus conflicting, though they were not to settle within 100 miles of each other. Thus the whole country was known as Virginia. An examination of the charters at length, in Hazard's Hist. Coll. vol. i. pp. 38, 40, 50, 58, 72, will furnish all necessary information on the subject, and show wherein the charters differ from each other. See also Stith's, and Beverly's Histories of Virginia. Brodhead's Address, p. 24. FIRST SETTLEMENT ON THE DELAWARE. H and sufficient title to those parts,) and require of them that, 1621. as well those ships, as their further prosecution of that plan- v — ' — ' tation may be presently stayed." 1622. Upon this, the ambassador engaged in ascertaining the Februarys. facts of the case, " that about four or five years previously, Ambassador two companies of Amsterdam merchants began a trade to «ns^sesin ' a ° the business. America, between 40° and 45°, to which they gave the names Facts ascer- of New Netherland, North and South Sea, &c, and have If16"7 ' ' ' him. Has an ever since continued to send vessels of 60 or 80 tons at most, interview. to fetch furs, which is all their trade," and have factors there trading with the savages ; " but he cannot learn that any colony is as yet planted there, or intended to be." He, how- February 9. ever, had an interview with the States, and presented a Presents a memorial, dated February 9,1 of the subject of which they j™"™^. pretended to be ignorant, but promised, on the 16th March, 1622, to write for information, "to -the participants in the trade to New Netherlands." There is at present to be found no written evidence of the result, though a reply to it is in cidentally referred to many years later.2 1623. The West India Company having made arrangements to Firstattempt effect the objects of its charter of 1621, and as afterwards p^^set- amplified, turned its attention, about this time, to planting a «e ^on the colony on the Delaware; and, with few exceptions, historians generally are agreed in fixing upon this year as the date of the first attempt made at a settlement on this river, by any European nation. A report of certain commissioners, in 1659, in making out a claim which they were then defending, indeed says, " that the river (Delaware) was, in the primitive times, possessed by the Dutch, and a colony planted on the western shore, within the mouth of the South Cape, called the Hoorekill to this day ; the Dutch nation erecting there, and all over the country, their states arms, and a little fort ; but after some time, they were all slain and murdered by the Indians, so that the possessions and propriety of this river, at the first, in its infancy, is sealed up with the blood of a great 1 See the Memorial in O'Call. vol. i. p. 97, from London Doc. vol. i. 22, 23. 2 See Brodhead's Address to N. Y. Hist. Soe. p. 24, 25, 26. London Doo. vol. i. p. 17, 19, 20, and Holl. Doc. vol. i. p. 17. 12 BUILDING OF FORT NASSAU. 1623. many souls. After this, in the year 1623, the fort Nassau ww was built, about 15 leagues up the river, on the eastern shore."1 The circumstances here mentioned, so clearly point The evidence to another event, which occurred some years subsequently, as fei-Zto11 to produce a belief that the commissioners were, in order to strengthen their cause, induced to antedate the facts stated. It is mentioned, in the document before referred to, that Fort Nassau was built in 1624 ;2 and in another, that the West India Company took possession, in the year 1626, of the River Delaware, and built, or had built, two strongholds or forts, the largest about 16 miles (Dutch) up the river, on the eastern shore, called Nassau.3 With these exceptions, so far as we know, all the early and later writers agree. There is also the positive testimony of an Indian sachem, " that a skipper, named Cornelis, with one eye, or having a film on the eye, was the first who coming there, (to New Netherlands,) esta blished himself on the South River."4 We feel therefore warranted, from these facts, to assume, until better evidence be produced, that 1623 was the date of the first European settlement on the river. It has already been related, that in 1614, Captain Cornelis Expedition Jacobsen Mey visited this river on an exploring expedition, we^india from Manhattan, where he parted with his companions, they Companyto proceeding with a similar object in view, towards the north, ver,a™er l' and that they all afterwards returned to Holland. To what captainMey, distance Mey then ascended the Delaware, is, we believe, cond visit, unknown, but he was, probably, in consequence of that visit, He bunds now considered the most suitable person to conduct another ' expedition, which the company were then contemplating to send thither. An agreement having been entered into, on June 21. the 21st of June, between the managers and the adventurers of the West India Company, with the approbation of the States-General,5 and they having selected a ship called the "New Netherlands," Captain Mey and Adriaen Jorisz Tien- pont were appointed directors of this expedition. All neces sary preparations of colonists, provisions, and all other means for planting a colony being made, Captain Mey took his de- 1 Report of Heermans and Waldron, in N. Y. Hist. Coll. vol. iii. p 375. 2 Report of XIX. O'Call. i. p. 418. 3 Holl. Doc. vol. viii. p, 59 to 65. * Holl. Doc. vol. viii. p. 73, translated by O'Call. vol. i. p. 100. s See this agreement at length, in Laet's Jaerl. Verh. Hazard's Hist. Coll. vol. i. p. 175; also in O'Call. vol. i. p. 410. LOCALITY OF FORT NASSAU. 13 parture for the Delaware, then called Zuydt, South, or Prince 1623. Hendrick's River, which, they reached in safety. Passing ' ¦ ' between Capes May and Cornelis, which, either now, or on the' former visit, received his name, he ascended the river about 15 leagues from its mouth, where, on the eastern shore, he immediately commenced the erection of Fort Nassau, as well for security against the Indians, as for a trading post with them. It is said to have been built of logs, and " that a garrison was continually maintained there." There is more difficulty, at this remote period, in deter- Various mining the locality of this fort, than in settling the date of £^"1^. its erection, as no vestiges remain to indicate the precise spot, >ty of rort and tradition can afford but little aid in deciding the question. Most historians, however, agree that it was in the neighbour hood of the present Gloucester Point, and at the mouth of the most northerly branch of Timber Creek, then called Sassackon.1 Various names have been assigned to it, or its vicinity, as Hermaomessing, Arme Wamix, Tekoke, Techa- acho, Arwa.mes, &c.2 The old maps that we have con sulted, place the fort between the two branches of Timber Creek ; a map in a late work has it at the north of the creek.3 It is referred to in various documents and books : one says, "it was 15 leagues up the river;"4 "about five or six miles (Dutch) above Fort Christina;" "about 16 miles up the river, on the eastern shore;" "Beaver Rede on Schuylkill is said to be down the river from Fort Nassau."6 Another says, "it is about a mile south of a purchase he had made north of it," which is supposed to be a part of the present site of Philadelphia.6 From all these various statements, it is evi dent that there can be but a few miles difference between the true position of Fort Nassau, and that generally assigned to it ; and here we are disposed to let it rest, until further in vestigations and facts are produced to alter it. The great changes in the river, by currents, embankments, &c, render almost hopeless any attempt to discover more accurately the exact locality ; still it is desirable to do so, if practicable. How long Captain Mey continued at Fort Nassau, why he 1 Miclde's " Reminiscences of Gloucester," p. 3. Mulford's N. J. p. 49. 2 Ibid. Campanius, Clay, Barker, Gordon, &c. 8 Ferris's Orig. Settlements, p. 310. * Report before referred to in N. Y. Hist. Soe. vol. iii. p. 375. 6 Holl. Doc. vol. viii. p. 32 to 51. « Hudde's Report, N. Y. Hist. Soe. vol. iii. N. S., p. 428. B Uncertain OCCUPATION OF FORT NASSAU. departed, what were his operations there, and whither he went, are to us unknown. The probability is, he for some time carried on a trade with the natives, for skins or furs, which appears to have been one great object of the colony. how long jt ig asgerted, that when he left, he bore with him the affec- Mey conti- , , T, . ,-, •• « nued there, tion and esteem of the natives. It is the opinion ol some writers, that, for a season at least, after his departure, the garrison was removed, and the savages took possession, but that a trade in skins was occasionally carried on with the natives from Manhattan. In 1633, the fort was visited by De Vries, who says, that the Dutch families had left it, and that it was in the possession, then, of a few savages, who wanted to barter furs j1 and yet we have an account, in the same year, that Arent Corsen was commissary,2 with a clerk, and that, by direction of the directors, he made a purchase various on the Schuylkill, for another fort. It is certain that the thto^u'pt.0' administration of Van Twiller commenced in this year, and uon and de- fae probability is, that learning the condition of Fort Nassau, struction of1'-'' ° . . ' Fort Nassau, one of his early acts was, to repair and restore it to a state of defence. We are informed by recorded documents,3 that he erected a large house, and made some repairs, for which he was afterwards called to account, under charge of extrava gance in the expenditure of public funds. In 1635, an un successful attempt was made by the English on this fort.4 When the Swedes arrived in 1638, it is said the Dutch had no forts on the river, they having all been destroyed by the Indians ; and yet Hudde,6 who had commanded that fort, says, there was, in that year, a sufficient garrison on the river ; and a public document exists which, in 1639,6 com plains, that " Fort Nassau is a heavy burden to the company, as regards a garrison, provisions," &c. There was certainly a commissary there in 1638, who gave the governor on Man hattan immediate notice of the arrival of the Swedes, which occasioned a protest f and in 1642 it was occupied by about twenty men.8 From that time up to 1650, we have facts to show 1 De Vries, in N. Y. Hist. Coll. vol. i. N. S. p. 252. 2 Holl. Doc. vol. viii. p. 32 to 52. O'Call. vol. i. p. 142. Holl. Doc. vol. ii. p. 88. Albany Records, vol. ii. p. 328. 3 Albany Records, vol. i. p. 85, 86. Holl. Doc. vol. iii. p. 97. * De Vries, 259. O'Call. vol. i. p. 170. 6 Hudde's Report, N. Y. Hist. Soe. Coll. vol. iii. N. S., p. 429. 6 Holl. Doc. vol. iii. p. 32 to 52. ' Ibid. 8 Reg. of Penns. vol. iv. p. 19. SWEDISH WEST INDIA COMPANY FORMED. 15 that commissaries were stationed there. In 1650 or 1651, 1623, the fort was destroyed by the Dutch themselves, " being too ' — ¦ — ' high up, and too much out of the way." It was transferred to the new Fort Cassimir. We have deemed it important, as a starting point in our its history Dutch history, to collect the various facts in relation to this ™*°rtM^> J * as its di ai n fort, contradictory and unsatisfactory though they may be ; tenance was and perhaps we have attached more consequence to them than dered. they merit ; but this fort was, for many years, considered by the Dutch a very desirable point to be maintained. 1624. This year arrives at New Amsterdam, as director of New supposed ar. Netherland, Peter Minuit, or Minnewit, with whose history, ^™u°t J er in connection with the settlements on the Delaware, we shall NewAmeter- become better acquainted. He continued in this office till 1632, when he returned to Holland.1 An application for a Swedish West India Company, upon Proposal for the plan of the Dutch West India Company, whose establish- w^^|a ment has been noticed, was this year presented to Gustavus company n n , i ttt'-it tt t submitted Adolphus, king of Sweden, by William Usselmcx, a mer- to the King chant of Antwerp, the original projector of the Dutch West jf ^^ India Company, and for several years connected with it, usseiincx. but who, for some reasons, became dissatisfied. Having derived much information from his long intimacy with the operations of the company, and being convinced of the ad vantageous prospects which such a company presented, he laid before Gustavus Adolphus his views upon the subject, in such a forcible manner, as warmly to engage the feelings of that monarch in its favour, and ultimately to lead to the incorpo ration of a company, which, however, did not take place till 1626. Aerelius, however, says, " that he this year obtained a commission for it, dated at Stockholm, December 21, 1624, upon which" a contract was formed for the approbation and signature of the company. The plan was recommended by the king to the States, and confirmed in the Diet of 1627.2 ' O'Call. vol. i. 100, 130. N. Y. Hist. Coll. vol. i. N. S., p. 450. 8 Aerelius, p. 408. Bancroft, vol. ii. p. 284. Argonautica Gusta. Campa- nius, p. 64, 65. Loeoenius, p. 556. 16 CHARTER OF SWEDISH WEST INDIA COMPANY. June 14. Reasons for forming the Swedish West India Company. Duration of i lie compa ny. Extent of its trade. When to commence. No funds to be with drawn. No new mem bers. 1626. The charter for the Swedish West India Company, before alluded to, was this year obtained. Having never seen it in English, or in print, a full summary of it is furnished, as it was the basis of the Swedish operations on this river. Gustavus Adolphus, king of Sweden, " finding it serviceable and necessary to the welfare and improvement of our (his) kingdom and subjects, that trade, produce, and commerce should grow within our (his) kingdom and dominions, and be furthered by all proper means, and having received of credible and experienced persons good information, that in Africa, Asia, America, and Magellanica, or Terra Australis, very rich lands and islands do exist, certain of which are peopled by a well governed nation, certain others by heathen and wild men, and others still uninhabited ; and others not as yet perfectly discovered, and that not only with such places a great trade may be driven, but that the hope strengthens of bringing said people easily, through the setting on foot com mercial intercourse, to a better civil state, and to the truth of the Christian religion," concluded, " for the spread of the Holy Gospel, and the prosperity of our (his) subjects," to erect "a general company," or "united power of proprie tors of his realm, and such others as shall associate them selves with them, and help forward the work; promising to strengthen it with his succour and assistance, providing for and founding it with the following privileges:" 1. The exclusive right, for twelve years, to sail to and trade 'beyond the Straits of Gibraltar, southward, in the lands of Africa, as in America, and Magellanica, or Terra Australis, reckoning the coast of America at the like latitude as said straits, viz. 36° ; also, with all lands and islands between Africa and America in same latitude. The vessels and goods of other than the company, who infringe those rights, to be confiscated. The government vessels of war, because not traders, to be exempted. The company to be considered as commencing May 1, 1627, to continue for twelve years, during which none of the company to have power to withdraw the funds embarked in it, and no new members to be, during that time, admitted. If at the end of twelve years,' the company wish the term ex tended, it may be granted at the pleasure of the king. CHARTER OF SWEDISH WEST INDIA COMPANY. Accounts are to be settled every year, at which every per son interested 1000 scudis or thalers, may be present. Every six years, there shall be a final estimate of all accounts, and a new account begun. If then it appears to the majority Accounts, of stockholders that the profits or usefulness of the company w^°n *° ** do not justify its continuance, it may be dissolved. Residents or landholders in Sweden may become members whatper- until the 1st of March, and those beyond sea till 1st of May 22*™ next, after which none can enter the company, either for small or large sums. The money to be paid in instalments, one-fourth on subscribing, and the remainder in three annual payments. After the time for subscription shall expire, there shall be Election of an election for regents or directors, in proportion to one for ^m^r and every 100,000 thalers subscribed. If, however, the subscriber terms- of 100,000 wishes it represented by two directors, it may be so, but the two only to receive the salary of one. The directors to be chosen by a majority of votes of stock- Majority of holders, none to vote unless owning 1000 thalers, and none TOte8to &°T- ' ° ' ern elections. to be a director who does not hold 2000 thalers, and which sum, while a manager, he cannot divest himself of. The directors first chosen to continue in office for six Rotation of years ; after this, two-thirds to be newly elected, and one- directors- third to be taken from largest stockholders ; this to be ob served every two years till the expiration of the charter. All countries, cities, and individuals who bring in 100,000 Directors in thalers, shall be entitled to appoint a director, and for this, toXnTmb- all nations who have signed the agreement, and transmitted sorill«d. the funds to some person in whom they confide, and each individual subscribing shall declare the nation to which he wishes to belong, and place his money. Foreigners who de cide to reside in Sweden, and contribute 25,000 thalers, to enjoy the same privileges as citizens, and be free from every tribute, and as they carry on no trade, may depart at pleasure. The directors to be all equal in power and authority, take Equality of oath of fidelity, administer justice without fear or affection, direotors- not deal in merchandise nor own vessels. They are to have a salary of 1000 thalers per annum ; in To have a case of travelling for the company, besides their carriage ^^este- they shall receive six Swedish marks per day. The secretary ™t«y> *<=¦ and other servants to be paid out of the funds of the com- 3 b2 Chambers re sponsible for directors. Not respon sible for com pany debts. Funds free from confis cation. Chambers,how consti tuted. (gottenberg, place of de parture. Stocks at each to be alike. Superinten dents. May be re moved to other places. Diet or gene ral meetings. Representedfrom each chamber. CHARTER OF SWEDISH WEST INDIA COMPANY. pany, the directors of each chamber to be responsible for them. If any damage result to the company from any of the directors it shall attach to the chamber to which he belongs, and be refunded out of *the funds contributed by it to the company. Neither the directors nor their goods shall be liable for the company debts. All funds invested in tne company shall be free from con fiscation, even in the event of war .of the King of Sweden with the nation of which the subscribers are a part. Cities convenient for navigation, whose merchants contri bute 30,000 thalers or scudi, shall constitute a chamber, or different cities or countries may unite their funds, and agree upon the location of the chamber convenient to the company. The company's vessels about departing from the different ports, shall unite in a fleet at Gottenberg, and take their de parture from thence, and at the end of the voyage return thither with their cargoes, which shall be unloaded and thence transported, wind and weather permitting without injury to the company. If one chamber has goods which another requires, they shall be furnished, so as to keep up a similar assortment in each. There shall be one or more superintendents, who shall ex amine the accounts closely-, and consult with the directors on important matters connected with the interests of the com pany ; and in elections of superintendents, captains, &c. re quired, stockholders shall be preferred, if equally capable. Superintendents may be removed from one chamber to another, and every chamber shall have a representative at Gottenberg, and be informed, within two months after the sailing of the vessels, of the matters connected with the voyages, and, every three months, furnished with an account of goods sold. When necessary, there shall be held a diet or meeting of all the chambers, to take place alternately, at different chambers, in the order of the largest subscriptions, the object being to discuss all the general interests of the company, voyages, freights, prices, &c. To each diet, twelve managers shall be sent from each chamber, and the government to be entitled to one vote, CHARTER OF SWEDISH WEST INDIA COMPANY. 21 making thirteen, or casting vote; every chamber having a 1626?P- vote in proportion to its furnished capital ; a chamber fur- ' — '—' nishing half has six votes, one-third, four votes, &c. ; majority to decide. On all imports and exports to or from Sweden, a duty to be Duty to paid of four florins per cent., which payment entitles them to g0Ternm continuation of war ; appoint soldiers, gover nors, directors, and judges ; build castles and cities ; accom modate differences between citizens of the country and the natives, as well as between directors or chambers, and finally, preserve every thing in good condition and under good order. This council must consist of the chief stockholders, and of stock- attend to the business and consignments On commission and others, furnish information of the ships and advices received, and decide on operations. The number of council to be deter mined by circumstances and the judgment of the company. Large con- If any chief community, city, or company contributes may1 appoint 500,000 to the company, it may appoint an agent, with full agents. powers to negotiate about things necessary to be done. If the company requires alterations in the conditions, &c, Alterations. 0f the charter, not contrary to the laws and welfare of the republic, they may be conceded to it.1 This charter is dated Stockholm, June 14, 1626. This company having received its charter, is said to have Errors of been enthusiastically encouraged by the subscription of per- '^'with sons °^ everv rank, and that every thing was in readiness regard to the for carrying out the plan to its fullest extent. It is even the'swedes. asserted that the expedition actually sailed, but was captured by a Spanish fleet, but documents, hereafter to be noticed, will, we think, clearly show, that, owing to wars, &c, nothing was effected for several years afterwards. Some of the early historians, (at the head of whom is Campanius,) even assert 1 The above charter is translated from " Argonautica Gustaviana," printed at Francfort, in 1633, a very rare work; the only copy known to be in this country is in the valuable library of Harvard College, to whose librarian the author is indebted for the use of the work : it is in the German language. The charter is also to be found in the Italian language, in the 4to edition of Hart's Life of Gustavus Adolphus, vol. ii. pp. 13, 14. See also Bancroft, vol. ii. p. 285. PATROONSHIPS ESTABLISHED. 21 that the arrival of the Swedes took place in this year, or the 1626. next, in which later writers have naturally followed.1 ' r~~' It will be seen, as we proceed, that these early writers are evidently in error, which we can only account for by the Howac- work of "Campanius" having been written many years after countedtor- his death, by his grandson, who was never probably in this country, but whose information was derived, as the translator2 in the preface observes, " from notes or memoranda left by his grandfather, and the verbal accounts which he obtained from his father, and writers who preceded him." It is a little remarkable, that while Gustavus Adolphus December 9. was thus laying a foundation for a future portion of her em- Christina pire, his daughter Christina, afterwards the empress, should born" be born. This took place on the 9th day of December.3 1629. For the purpose of promoting the settlement of colonies June 7. in New Netherlands, which was one of the objects originally patroon- intended by the establishment of the Dutch West India STfa' * blished. Company, the Assembly of XIX. granted a charter of " Freedoms and Exemptions, to all such as shall plant any colonies in New Netherland," by which members of the com pany might send, on certain terms, in the company's ships going thither, three or four persons, to inspect the situation of the country, with a view to the selection of lands. They who, within four years after giving notice to the company, undertake to plant a colony of fifty souls, over fifteen years of age, one-fourth of the number within the first year, and the remainder of the fifty within three years more, were to be acknowledged as patroons of New Netherlands ; neglecting to comply, they forfeited the privilege. The island of Man hattan was excluded. They were to have the preference to the lands they selected, with liberty to choose others, if they did not suit them, (the commander and council approving.) They might extend their limits four miles Dutch, (sixteen English,) along shore on one side, or two miles, (eight Eng lish,) on each side of a navigable river, and as far into the 1 Into this error the author, in the Register of Pennsylvania, in a hasty sketch drawn up on the moment, from the then accredited authors, and before he had looked as much as he has since, into authorities, fell ; which he now embraces the opportunity to notice and correct. a P. S. Duponceau, p. vi. of vol. iii. Mem. Penns. Hist Soe. 3 Biographical Dictionary. PRIVILEGES OF PATROONS. country as their situation would permit ; the company reserv ing the lands remaining between the limits of the colonies, to be disposed of as they think proper, under the general rule that no person be allowed to come within seven or eight miles (or thirty-two miles English) of them, without their consent. The jurisdiction of the river to be in the States- charter of General or company. They were to enjoy and possess for mdE^mp- ever tne lan(*s within their limits, fruits, rights, minerals, eons &r Pa- rivers, and fountains ; have " chief command and lower juris- troonships. ,jjctjong)" £sh;ng) fowling, and grinding, exclusively, as a perpetual inheritance from the company, or if it devolved to the company, might be redeemed with twenty guilders, paid within one year and six weeks. If they found cities, they may establish officers and magistrates, and use the title of the colony at pleasure, and according to the quality of the per sons ; and may dispose of it by will. Besides these powers and privileges, others of trade, exemptions from taxes, &c. &c. were granted, which may be seen at length in the authorities referred to.1 It was a system of " feudal tenure and feudal burdens,"2 transplanted from continental Europe. By the following extract from the proceedings of the June 19. chamber at Amsterdam, we are informed of an intention to commence a colony on the Delaware, and which led to an actual purchase. " The Heer Samuel Godyn, having heretofore given notice s. Godyn de- here that he intended to plant a colony in New Netherland, tenTionoSfm an& tnat ^e ^so, to that end, had engaged two persons to toDeia?'11 Proceed thither to examine into the situation of those quar- ¦mire. ters, now declares that he, in quality of patroon, has under taken to occupy the bay of the South River, on the conditions concluded in the last Assembly of the XIX., as he hath likewise notified the director, Peter Minuit, and charged him to register the same there."3 It appears, however, that pre- Purchase viously, viz. June 1, his agents had purchased from the natives wertesideof the tract of country on the west side of South River Bay, i«er. extending from Cape Henlopen inland thirty-two miles, and two miles in breadth, which purchase was ratified July 15th of the next year.4 J °'CalL vo1- i- P- H2 ; and Holl. Doc. vol. ii. 98, 99. Moulton, 389. N. Y. Hist. Coll. vol. i. p. 370, N. S. 2 O'Call. vol. i. p. 120. Appendix to O'Call. vol. i. p. 479, taken from a notarial copy, which is among papers of the late Proprietaries of Pennsylvania. * O'Call. vol. i. p. 121. INDIAN DEED FOR GODYN'S PURCHASE. Who the agents of Godyn, in this purchase were, does not appear, but the fact tends to show that communication must have been held with the natives by sea, and that vessels then visited the river. Moulton says, one of three ships sent over by the department of the West India Company this year, visited the Indian village on the south-west corner of New Port May, or Delaware Bay, and that the purchase was then made from Cape Hindlop to the mouth of the river.1 1630. Before the director-general and council of Manhattan, Juiyi5. appeared several chiefs of the nation from whom the purchase of land had been effected last year, on Delaware Bay, then called Godyn's Bay, and made their formal acknowledgment of the sale in the following words : " Before us, (the Directors, &c.) in their proper persons, Indian deed came and appeared Quesquakous, Ensanques, and Sickonesyns, to^Godyn, and inhabitants of their villages, lying on south corner of the on Delaware Bay of South River, and declared voluntarily and deliberately, 0I west side. and with the special order of the rulers, and with the consent of the community there, that on the 1st of June, in the last past year 1629, for and in consideration of certain parcels of goods which they acknowledge to have satisfactorily re ceived into their hands, before the passing of these presents, they have, in their true and free ownership, transported, given over, and deeded to and for the behoof of, the much esteemed Mr. Samuel Godyn, (absent, and for whom we, ex officio, under stipulations, accept the same,) viz. the land be longing to them lying on south side of aforesaid bay, by us named the Bay of South River, extending in length from Cape Hindlop to the mouth of said river, about eight large miles,2 and landwards half a mile,3 to a certain valley or marsh, through which these bounds can be sufficiently distin guished, and that, with all the action, right and equity which to them in the aforesaid quality appertain, constituting and putting the aforesaid Mr. Godjn in their place and stead, in the sure and actual possession thereof, and moreover, also giving full and irrevocable might, authority, and special -license, into said Samuel Godyn, or his assigns, peaceably and quietly to possess, enjoy, cultivate, use, and have the said lands, tanquam actor et procurator in rem suam ac propriam, 1 Moulton, p. 401. * Dutch, or 32 English. 3 Two miles English. 24 PATROONSHIP FORMED FOR THE DELAWARE. 1630. and also to do with, manage, and dispose of the same, as he w^~ ' may or can with his own lands, to which he is rightfully and lawfully entitled, without that the grantors having or reserv- saietos. ing thereto or thereout, any part, right, title, or authority, aoijn' either of ownership, power, or jurisdiction, but, to the be hoof as aforesaid, from henceforth for ever, desisting, resign ing, and renouncing the same, promising moreover not only to keep, maintain, and fulfil this, their transport, and whatever may be done by virtue thereof, for ever after, firm, inviolable, and irrevocable, but also to maintain and defend the aforesaid land against all persons, free from all claim, challenge, or incumbrance to be made thereon by any person, all in good faith, without fraud or deceit. In witness whereof, these presents are confirmed by our usual signature, and with our seal thereto affixed. Done on the island of Manhattan, this 15th day of July, 1630."* Nq gignatures recorded. It is stated by O'Callaghan, that, according to " Holland Do cuments" lately received, Samuel Bloemmaert was interested with Godyn in the above purchase ; his name, however, does not appear either in the original or translation, in the Albany Documents from which we copied the foregoing instrument.2 David Pieterszen De Vries, of Hoorn, a port in North a patroon- Holland, " a bold and skilful seaman," and a " master of artil- ship formed, j jn the service of the United Provinces," having, about two and articles •> D ., of associa- months previously, returned from the East Indies, met with Hon entered ^ gamuei (Jodyn, a merchant of Amsterdam, and the pur- mto/or esta- , • p i_ wishing a chaser of the land above mentioned, who informed him of the SouthEiver intention of himself and associates to form a colony in New under Capt. Netherlands, particularly directing his attention to the South De vnes. jiiverj wjtn a Yiew t0 fae whale fishery, " whales being plenty in those regions, and fish oil being 60 guilders per hogshead" in Holland. The offer of " commandership" was made to De Vries, ane! employment " as second patroon," as was granted by the States, and by the 19th of the West India Company's charter, which he declined to accept, unless he was made in all respects equal with the others as a patroon, which being readily agreed to, a patroonship -was formed by October w. entering into formal articles of association, on 16th of Octo ber, 1630. The members composing it were Samuel Godyn, i Albany Records, vol. xxvi. GG. p. 11, 12. Reg. Penns. vol. iv. p. 82. 2 O'Call. vol. i. p. 122. Holl. Doc. vol. i. p. 176—180. DE VRIES'S ARRIVAL ON THE DELAWARE. Killiaen Van Rensselaer, Samuel Bloemmaert, Jan De Laet, and De Vries, to which number several persons were after wards added. Immediate measures were taken to prepare for the expedition. A ship and yacht were fitted out, " as Expedition well for the whale fishing in those parts," as for the establish- fltt?d "^ ° . r ' and sails. ment of a colony, « planting of tobacco, raising of grain," &c. All things being ready, and about thirty colonists re ceived on board, the vessels left the Texel, December 12, December^. 1630.1 1631. The precise date of the arrival of De Vries's expedition, De vries's in the Delaware, is not known, but as he told us he sailed on ^sLro. December 12, 1630, and allowing for the length of the pas- settlement sages usual at that period, we conclude he arrived in March dai. Erection or April of this year. After passing Cape Cornelis, he en- °f p°rt °^ tered into a deep creek, abounding with oysters, which was called Hoornkil or Hoerkil, the present Whorekills,2 or Lewes Creek. Here, having selected a suitable spot, he erected a house, surrounding it with palisades, instead of parapets and breastwork, which served the purposes both of trade and defence. It was called Fort Oplandt.3 Being favoured in the season, they suffered but little inconvenience from the weather. Their settlement was on the purchase made in 1629 for Godyn, and assumed the name of Zwanen- dal, or "Valley of the Swans." But little information is on record respecting the progress of this infant Dutch colony. No doubt every effort was made to provide for their wants, and to place it in a proper state of defence ; at least De Vries so considered it, for in the course of the year pro- DeVnesde- bably, (for the date is not given,) he left it in charge of Gillis g^" Hosset, and sailed for Holland. Another purchase was made on the South River,- from the Indians, as set forth in the following acknowledgment before the director-general and council at Manhattan. " Appeared before us, Peter Heysen, skipper on board the ship named Walrus, (or Whale,) lying at present on the South Rivok, and Gillis Hosset, commissary, lying in the same, and declared, friat.an the 5th day of May last past, before them Mays. i De Vries, in N. Y. Hist. Coll. vol. i. if. e., P. 250. O'Call. vol. i. p. 128. 2 For the origin of this name, tradition has assigned a reason which needs the support of evidence. 3 De Vries, Moulton, vol. i. p. 406. 4 0 SECOND PURCHASE ON THE DELAWARE. in their proper persons, appeared Sannoowouno, Wiewit, Pemhacke, Mekowetick, Teehepeuwya, Mathamen, Sacoock, Anehoopoen, Janqueno, and Pokahake, rightful owners, pro- purchase on prietors, and inhabitants of the east side of the Godyn's East east side &r g^ caj\lei the Cape of May, both for themselves and the B^mmfrt. rato caver endo, (the remaining,) and all other proprietors of the same land. The said appearers, in their sacred quality, voluntarily and deliberately declared, that in a rightful, full, and free ownership, by virtue of titles, and the right of sell ing, and in consideration of certain parcels of goods, whicli they the grantors, in the said quality, before the passing of these presents, acknowledged to have received and obtained, they had transported, ceded, and given over, and by these presents, they do transport, &c, to and for the behoof of their excellencies Mr. Samuel Godyn, and Mr. Samuel Bloem maert, (absent,) and for whom the said appearers, the follow ing did accept with suitable stipulations, viz. the east side of Godyn's Bay, or Cape May, extending four miles from the cape aforesaid, bayward in, and four miles along the coast towards the south, and four miles landward in, being a square of 16 miles, and that, with all which, in right and equity, to the said appearers in the aforesaid quality therein apper tained, constituting and substituting the said grantees, (the before named agents,) in the stead and state, in the real and actual possession of the same, and at the same time to their said excellencies Messrs. Godyn and Bloemmaert, or to their successors, full, absolute, and irrevocable right, tanquam, &c, the said land peaceably to enter upon, possess, inhabit, culti vate, occupy, use, and therewith do, and thereof dispose and trade away, as they might do with their own, honestly and legally gotten, without that they the said grantors, in their aforesaid quality, (capacity,) thereto, and to any part or piece thereof, should have, reserve, or save in the least, any part, action or authority, whether for ownership, command, or jurisdiction, but superabundantly for the behoof as aforesaid, June 3. from this time forth, and for evermore, wholly and absolutely therefrom, desisting," &C.1 June 3, 1631. This purchase has been stated, by several writers, ** have been made May 5, 1630. This has arisen, wo presume, from an error in quoting from the records, «.s the date of the fore- > Albany Records, vol. xxvi. pp. 27, 30, GG. 29. COLONY DESTROYED BY THE INDIANS. 27 going paper, Jan. 3, 1631,1 instead of June 3, 1631, which 1631. would render the 5th of May last past, as in 1630. The date ' — ' — ' we have given is copied from the Albany record itself, and corresponds with the date of the two preceding acknowledg ments, as alluded to in a subsequent instrument2 for the sale of both purchases. It appears to us most probable, that De Vries having arrived prior to the 5th May, Heysen was the commander of the ship Walrus, and that Hosset was the com missary of the expedition, and that possessing, by previous purchase, the western side of the river, it was deemed advisa ble to obtain the east side also, and that the purchase was accordingly effected as above. Both sides of the river, it" seems, passed by the name of " Zwanendal," or " Valley of Swans," although the term has generally been applied to the settlement on the western shore. Hosset was an agent also in the purchase of lands around Fort Orange, for Van Rens- sellaer, in 1630,3 and must therefore, most probably have returned to Holland, prior to accompanying De Vries, unless, indeed, he was despatched for the purpose from Manhattan, upon De Vries's arrival. The departure of De Vries appears to have been unfortu- Destruction nate for the colony, as his prudence might have saved it from coionyby u» the unhappy occurrences into which the indiscretion of India,is- those intrusted with its management involved it. It seems that, conformably with the custom of the Dutch, a pillar was erected, bearing a piece of tin, on which were traced the coat of arms of the United Provinces, which being innocently removed by an Indian, was viewed by Hosset, who was left in charge, as a national insult, and led to the entire destruc tion of the colony, this year, or early in the next, by the Indians. The particulars, as subsequently related to De Vries, on his return from Holland, we find in his journal. De Vries inquired " the reason why they had killed our people. He showed us a place where our people had erected a pillar, to which was attached a piece of tin, upon which was figured the emblem of Holland. One of their chiefs wanted to take this piece of tin to make of it tobacco pipes, not knowing that it was improper. Those who had the command at the house showed much dissatisfaction, so that the Indians did not know how to make amends. They went away and killed » i Moulton, p. 401. Aerelius, p. 417. z O'Call. vol. i. p. 479. 3 O'Call. vol. i. pp. 125, 138. CAUSE OF THE DESTRUCTION OF THE COLONY. the chief who had taken the tin, and brought a token of it to those who commanded at the house, who told them that they had done^ wrong ; that they ought to have come with him to Destruction the house, and they would have only told him not to do so Mion™68'' again- Thev tnen went ma,?: but the friends of tte mxa' dered chief had resolved to be avenged. They attacked our people when they were working in the field, leaving but a single sick man in the house, and a large bull-dog, which was ' chained out of doors. The man who had command of the house stood near the door. Three of the boldest Indians, who were to perpetrate the deed, came and offered him a par cel of beavers to barter, and contrived to enter the house. He went in with them to transact the business ; that being done, he went to a garret where the stores were. Coming down, one of the Indians cleaved his head with an axe, so that he dropped dead on the floor. They then murdered the sick man, and then went to the dog, which they feared most, and shot at least twenty-five arrows at him before he was killed. They then went in a treacherous manner to the peo ple in the field, approaching them under the appearance of friendship, and murdered one after the other. Thus termi nated our first colony, to our great loss."1 In alluding, several years later, to the cause of this de- Giiiis Hosset struction, De Vries says, " When we were erecting a colony ttT^Beuf1 in 1630, on South River, at Zwanendal, on theHoeren Creek, st- and all our people were murdered by the Indians, occasioned by some trifling quarrels of our commander, Gillis Osset, we lost our settlements by mere jangling with the Indians, when thirty-two of our men were murdered."2 Thus charging upon Hosset, whom he had left in command, the blame of it. The arrival Some of the early writers fix the arrival of the Swedes* swedes as- and *fle building of the first fort by them, in this year,' which, signed to from documents hereafter to be noticed, was undoubtedly all s^T*7 error. In this year, also, it has been said that, upon the applica- Right to the tion of his excellency John Oxenstiern, ambassador to Eng- stkTtohave lan<*> King Charles I. relinquished to the Swedes all claim to teenreiin- this part of the country by reason of discovery. Of any quishedby ., r - . . J J J J the English, evidence ot this agreement, no documents have been, thus far,produced. Aerelius also refers to this circumstance, but places it at a later period. » De Vries, in .N. Y. Hist. Soe. Coll. vol. i. N. S, p. 252. a rbid. 266. CHARTER OF MARYLAND GRANTED TO LORD BALTIMORE. 29 1632. Director Minuit was recalled, and embarked some time in PeterMmuit, the spring, for Holland, taking with him 5000 beaver skins, director' re' „ %, • called, and on account of the company. Being obliged to put into Eng- returns to land by stress of weather, the vessel was seized for having HoUand- traded in his majesty's dominions against his express com mands, but after various exchanges of documents on each side, asserting claims to the country, the vessel was released.1 Lord Baltimore obtains a grant for Maryland, under which June 20. he claimed a right to the lands on the west side of Delaware Lord Baiti- River, and which gave rise to continual controversies between mo™°btaiM 70 ' a charter for him and the Dutch, and afterwards with the Pennsylvania Maryland. proprietaries, which were not settled for more than one hun dred and thirty years. Lord Baltimore first intended to settle in Virginia, ' but LordBaiti- being a Roman Catholic, and finding himself uncomfortable m°r°ad^8 m there on account of his religion, departed for England, and Patent after- obtained a patent for land originally granted to the South Jpn^towa Virginia Company, but dying, never returned. His son, in son. 1633, had the patent confirmed to himself. It occasioned unpleasant feelings between Maryland and Virginia for a time, owing, chiefly, to their being rivals in the tobacco busi ness. The following proceedings and description will show the extent of the grant.2 " By letters patent of this date, reciting the petition of charter to Cecilius, Lord Baltimore, for a certain country thereinafter ^(0rrd^ti" described, not then cultivated and planted, though in some Maryland, parts thereof inhabited by certain barbarous people, having J^^ a no knowledge of Almighty G-od, his majesty granted to said right t» the Lord Baltimore : Tmdl waa " All that part of a peninsula lying in the parts of America long a source between the ocean on the east, and the Bay of Chesapeake TerBy - on the west, and divided from the other part thereof by a right line drawn from the promontory or cape of land called Watkins's Point, (situate in the aforesaid bay, near the River of Wighco,) on the west, unto the main ocean on the east ; and between that bound on the south, unto that part of Dela ware Bay on the north which lieth under the 40th degree of ' O'Call. vol. i. p. 130. 8 Beverly, 47, 48. Burke's Virginia, ii. 39. Bozman's Maryland, i. 344, 345, and note (SO Hazard's Hist. Coll. vol. i. p. 337. v 02 g0 DE VRIES RETURNS FROM HOLLAND. 1632. north latitude from the equinoctial, where New England t* ends; and all that tract of land between the bounds aforesaid, i. e. passing from the aforesaid bay called Delaware Bay, in a right line by the degree aforesaid, unto the true meridian of the first fountain of the River of Pattoumeck, and from thence trending towards the south unto the further bank of the aforesaid river, and following the west and south side thereof, unto a certain place called Cinquack, situate near the mouth of the said river, where it falls into the Bay of Chesa peake, and from thence by a straight line, unto the aforesaid promontory and place called Watkins's Point."1 Gustavus Adolphus, one of the noblest monarchs of Europe, November, and King of Sweden, who took so lively an interest in esta- Gustavus blishing a Swedish West India Company in 1626-27, and Adolphus colonizing this country, was killed at the battle of Lutzen, agam tmnks ^ly figging at the head of his army, by which untoward scheme of a eve'nt tlie accomplishment of the object which he had so much company. L " . -r, His death, at heart was still longer delayed lor several years, .but a short time prior to his death, (October 16,) at Nuremburgh, he drew up a recommendation to the people of Germany, of his favourite scheme of a company, which was ready for his signature, but which was prevented by his death. It was, however, the next year submitted to the people by his excel lent chancellor Oxenstiern.2 In the latter part of this year, De Vries, having previously December 5. heard of the destruction of his colony on the Delaware, De vries's sailed from the Texel. On the 5th of December he entered Hoitodrom tae ®outn Bay, having a whale near his vessel. " He promised Has inter- himself great things, plenty of whales, and good land for Saymakes' cultivation." On the next day he proceeded up the kill, being peace with well armed, in case of meeting with Indians. He now from one of' realized the truth of what he had learned before leaving Hol- ¦irhomhe land. He "found the house destroyed. It had been sur- learnsthe 1 _ _ ^ n,,j particulars rounded by parapets or breastwork, but most of them had of the mur- ^en burned. The ground was bestrewed with the heads and der of the # ° colonists, bones of his murdered men, but he saw no Indians." Sup posing they might be attracted by the sound of a gun, he went on board the vessel, and ordered a gun to be fired. On the 7th, two Indians appeared near the destroyed house; afraid to approach, they wished the people from the vessel to 1 Statement of Penn's Case, by Murray, Reg. Penns. vol. ii. p. 204. 2 Argonautioa Gustaviana. Bancroft, vol. ii. p. 282. INTERVIEW WITH THE INDIANS. 31 come on shore, which De Vries resolved to do next day, in 1632. the yacht, that he might "have a shelter from their arrows." ' — ¦ — ' Accordingly, he went in tbe yacht, up the creek to the house. The Indians were on the shore, but at first would not go on board; at last, however, one went. De Vries gave him a cloth dress, and told him he desired to make peace with them. Others then went on board, expecting also a dress, but he gave them only trinkets, adding that the dress was given to the first as a reward for his confidence in venturing to enter the boat. They were desired to come next day with their chief, called SaJcimas, for the purpose of making a satisfactory peace. One Indian, however, remained on board all night in the yacht, and froih him De Vries, upon inquiry, received the account which has already been given, of the murder of the colonists. On the 9th, the Indians, with their chief, came : "they sat down in a circle, and concluded peace." Presents were made them of duffels, bullets, axes, and Nuremberg trinkets, with which being well pleased, and with promises of reciprocal benefits, they departed joyfully, no notice or ven geance having been taken of the previous cruelties committed. De Vries now made " preparations for the fishery, and for bevries pre pares f< fishing boiling oil, by forming a lodging place of some boards."1 ' ""' 1633. De Vries, after remaining since the conclusion of the peace, January i. in the neighbourhood of the creek, probably engaged in the De vries fishery, proceeded in the yacht up the river, to procure beans ^aware. * from the Indians. They saw a whale before the mouth of Meets with the river. On the 5th he was before the little Fort Nassau, ^aX. an where formerly lived some families of the West India Com- Indian » pany. Here he found a few Indians disposed to barter some aestruction. furs, but wanting only Indian corn, and having parted with most of his articles at Zwanendal, he had none to trade for furs. They advised him to proceed to Timmerkill, (now Cooper's Creek,) from which he was prevented by the kind interference of an Indian woman, to whom he gave a cloth dress to induce her to communicate what she knew. She belonged " to the Sankitans." She informed De Vries that they had murdered the crew of an English boat which ascended the Count Ernest River, and would undoubtedly attack them. On the 6th he weighed, and lay before Tim- • De Vries, p. 252. Many In dians come on board. His treat ment of them. Finds Fort Nassaucrowdedwith In dians. Ex change of De vries de termines to go to Vir ginia. DE VRIES SAVED FROM THE INDIANS. merkill, fully prepared for the Indians, if they attempted to harm him. They soon approached the boat, offering beavers, and about forty-two or forty-three entered the yacht : some began to play on reeds, so as to induce no suspicion of their designs, but, being only seven in number, the crew were upon their guard, and when De Vries thought they had been long enough on board, he ordered them ashore, threatening to fire if they refused to depart ; their sachem offered beavers for sale, which were declined, and the Indians were again ordered on shore, and given to understand that Manito, their devil, had advised him of their evil designs ; they then went on shore. These Indians are said to be "Roodehoeks or Mantes;" they were partly dressed in English jackets, which created suspicion, and confirmed the story of the Indian woman, who so providentially was the means of saving a second expedi tion from destruction. On the 8th, De Vries returned to his position before the fort, which was now crowded with Indians, and their numbers increasing. A canoe, with nine chiefs from different places, came off, amongst them the man who had appeared with the English jacket, which, however, he did not now wear. They sat down in a circle, and said they had discovered that De Vries's people were in fear of them, but they came to conclude a permanent peace, and presented ten beaver skins, with a distinct ceremony with each. De Vries in return offered some presents for each, such as an axe, adze, small knives, &c, which they refused, saying, " they did not make their presents to receive others in return, but to make peace." They were told that some presents would be given for their wives, but they replied, " these must be given to them on shore." De Vries, on the 9th and 10th, obtained from them in barter some Indian corn and furs ; on the 19th, he went upwards of a mile from "Jacques Eyland?" entered a fine creek, abounding in vines, which they therefore called « Wyngaert's Kill, or Vine Creek." De Vries now determined to proceed to Virginia, as he had failed, in South River, to procure corn and other provisions for his return voyage, in doing which he had incurred some danger, and as none of the Dutch had been to Virginia before him, he would have the honour of making the first visit there. De Vries accordingly sailed for Virginia, where, upon his DE VRIES VISITS VIRGINIA. 33 arrival, the governor, attended by some officers and sol- 1633. diers, met and cordially welcomed him, inquiring whence he ' — ¦ — ' came; on being informed "from South River," he invited him to his house, and treated him to a glass of wine. He March. then told him that South Bay belonged to the British, and Devriesgoes was by them named Delaware Bay, after Lord Delaware, who j"^'111*'. some years ago had taken possession of it, but not supposing ception by it navigable, owing to the sand banks, he did not ascend the n0rgover" river. De Vries then informed him that he was mistaken ; that the Dutch had there built a fort many years ago, called Nassau, of which he appeared never to have known before, and that it was a fine navigable river. The governor spoke of a small vessel that he had sent, some time before, to the Delaware, which had not returned, and he supposed was lost. De Vries then related the circumstance mentioned by the Indian woman, of the murder of an English boat's crew, and that he had seen an Indian wearing an English jacket, which he concluded to have belonged to his boat's crew, who had been sent there to make discovery. The governor gave him six goats for his new colony ; he purchased some provi sions, and returned to South Bay. He learned that in his Returns to absence they had taken only seven whales, which yielded 32 ^eILittle cartels of oil. Finding, therefore, that the fishing here was ™ccess in too expensive in proportion to the profit, and the fish poor, naiiy leaves he prepared to return to Europe, and on the 16th of April forEur°Pe- weighed anchor, and arrived at Fort Amsterdam, on Man hattan, shortly after,1 and thus finally -left the Delaware River for several years ; and terminated the second expe dition. This year arrived at Fort Amsterdam, in the ship Zout- April. berg, (or Salt Mountain,) a vessel of 20 guns, and 52 men, Arrival of and 104 soldiers, Wouter Van Twiller, having the appoint- TJaZ°tt ment of director-general over New Netherlands. He had Manhattan. been a clerk in the employ of the West India Company, and was now successor to Peter Minuit, of whom we shall know more hereafter.2 This year the Timber Creek Indians were at war with the Indians at Minquas, on the Christina. The name of the sachem of the " former tribe was, according to De Vries, Zee Pentor.3 ' De Vries. Du Sim. MSS. Philada. Library. N. Y. Hist. Coll. vol. i. N. S., p. 254. 2 O'Call. vol. i. p. 141. s De Vries. Miokle, p. 11. S war. April 10. Oxenstiern publishes the procla mation for the Swedish West India Company3 left unsigned by Gustavus. June 26. And also an addressassigningreasons for the delay in organizingthe com pany. The period for uniting with the company ex tended. Pledges and payment of funds in the company. PROCLAMATION FOR SWEDISH WEST INDIA COMPANY. Chancellor Oxenstiern publishes the proclamation which had been left unsigned by Gustavus Adolphus, and adds, " though the above declaration and amplification of the be fore-mentioned privileges of his majesty, of glorious memory, could not have been signed, on account of the multifarious and incredible affairs of the war, I cannot, in consequence of my duty and good personal knowledge, but certify that the same has been the highest desire and wish of his royal majesty ; therefore I, by the crown of Sweden, and pleni potentiary minister-general, have signed it with my own hand, and affixed my seal to it, at Heilebrunn, April 10, 1633." The chancellor publishes an address, in, which he presents the reasons which have already so long delayed the carrying into effect the plans previously submitted by his majesty. He says, " our worthy king and lord, a few years ago, after mature deliberation and good counsel, found it expedient and highly useful to grant and to forward the design, that in his kingdom and lands there should be established a general com mercial and navigation company, and that free and open commerce should be carried on in every part of the world where the greatest advantages might be derived. We also declare that this work was almost carried into operation, when it was delayed through various circumstances, especially by the absence of his majesty, owing to the necessary cru sades in Prussia and Germany, and also by the long, tedious, and necessary absence, (granted by his majesty,) of the ori ginal projector of this work, until this date, and who is now appointed first director, our beloved W. Usselincx. These delays were not without a special divine providence." The period for uniting with the company was extended to the 1st of January, 1634, and the people were urged tp enter upon the work with zeal and liberality, in which the government tendered its aid and encouragement.1 It appears, by the document left unsigned, that " many persons had already pledged themselves to furnish large sums, and paid in a great part of them, but the object had been postponed and deferred by many powerful hinderances, chiefly, of late, by our wars in Prussia and Germany." Arent Corssen was this year commissary of Fort Nassau,' 1 Argonautioa Gustaviana, 1635. Bancroft, vol. ii,. p. 284. PURCHASE OF SCHUYLKILL BY THE DUTCH. 35 under Van Twiller,1 at which a large house was also directed 1633. to be built, and numerous repairs made. ' — ¦ — ' Orders were given to Arent Corssen, to purchase a tract of land on the Schuylkill, on which was afterwards erected a Purchase of fort called Beversrede, "a place remarkably well situated," ^Irent1 and named thus on account of the beaver trade, which was corssen. carried on there very briskly with the natives and wild In- rede. dians, "which it was estimated might, for years to come, be brought to amount to thousands. Those from the South, (called Munquassen,) and the wild blacks, are brought down in large quantities; so that this river, for its fitness, hand- some situation, as well in regard of trade as of culture, will always be held by the company and ministers in high estima tion."2 Under these favourable anticipations, Corssen ob tained from the chiefs a conveyance, agreeably to the follow ing confirmation, on record in the office of the West India Company, in 1648, and witnessed by Augustin Heermans, Govert Loockermans, Juriaen Plancke, Cornelis Jansen Coele, and Sander Leendertsen. "We, the subscribers, Amattehooren, Alebackinne, Sin- Indian deed quees, &c, chiefs over the portions of the tracts of land ^ISchuyl" lying about and on the Schuylkill, called Armenveruis, de clare, that after a proper and deliberate consideration, we have sold to Arent Corssen, the Schuylkill and adjoining lands, for certain cargoes, for which we were not paid in full, but for which we are fully satisfied at present ; therefore we, the above chiefs, with this, give full and irrevocable authority and power, and confirm the said purchase, and are prepared at all times to stand forth and clear the same of all attempts and claims, and all intentions by anybody. Passed thus, and in token of the truth, by us natives subscribed in pre sence of the above-named witnesses. Done at Fort Beversrede, the Delaware N. N." Signed by Amattehooren, Sinquees, Alebackinne, Michecksowwabbe, Quironqueckock, Kaucke, and Walpackvouck, with their appropriate marks.3 - The foregoing purchase is referred to in a public Dutch document, in 1656, and also in Hudde's report, in 1645, where he says, " in regard to the Schuylkill, these are the lands purchased and possessed by the company."4 '" O'Call. vol. i. p. 142, 156. z Holl. Doc. vol. viii. p. 32 to 50, translated. 8 Holl. Doc. vol. viii. p. 55, 56. Also in O'Call. vol. ii. p. 81. *¦ Albany Records, vol. xvii. N. Y. Hist. Coll. vol. i. N. S., p. 429, 440 36 GRANT TO SIR EDMUND PLOWDEN. 1634. We have now arrived at a portion of our history which has June 21. much perplexed most writers who have preceded us, some of Grant to sir whom have treated it with gravity, while others have been wowden, of disposed to view the whole subject in the light of fiction. It New AiMon. seems that on the 21st of June, 1634, King Charles, of Eng land, made a grant to a certain person, named Sir Edmund Plowden, (or Ployden, as it is most frequently written,) knight, &c, which recites, that "whereas our well-beloved and faithful subject, Edward Plowden, knight, from a laud able and manifest desire, as well of promoting the Christian religion as the extending of our imperial territories, hath formerly discovered, at his own great charges and expenses, a certain island and regions hereafter described, in certain of aur lands, to the western part of the globe, commonly called North Virginia, inhabited by a barbarous and wild people, not having any notice of the Divine Being, and hath amply and copiously peopled the same with five hundred per sons of our subjects, being taken to that colony as companions of the same pious hopes or intentions ; and the colony being founded, elected to himself John Lawrence, knight and baro net, &c, and hath humbly supplicated our royal highness to erect all that island and region into a province and county palatine, and to give and confirm the same, with certain pri vileges and jurisdictions, for the wholesome government of the colony and region aforesaid, and the state thereto belong ing, unto them, their heirs and assigns ; and also praying that we should create and invest the same Edmund Plowden, knight, and his assigns, with the dignities, titles, and privileges of governors of the premises." " Therefore know ye that," &c. " we have given, granted, &c, to the before-named Edmund Boundaries. Plowden, &c, all that entire island, near the continent or terra firma of North Virginia, called Island of Plowden, or Long Island, between 39° and 40°, together with part of the continent or terra firma aforesaid, near adjoining described ; to begin from the point of an angle of a certain promontory called Cape May, and from thence to the westward, for the space of 40 leagues, running by the Kiver Delaware, and closely following its course by north latitude, unto a certain rivulet there, arising from a spring of the Lord Baltimore, in the lands of Maryland, and the summit aforesaid to the south, GRANT OF NEW ALBION. 37 where it touches, joins and determines in all its breadth ; from 1634. thence takes its course into a square, leading to the north by ' ¦ — ' a right line for 40 leagues, &c. ; thence likewise by a square, inclining to east, in a right line, for the space of 40 leagues, to the river and part of Reacher Cod, and descends to a savannah, touching and including the top of Sandheey, where it determines ; and from thence toward the south by a square, stretching to a savannah, which passes by and washes the shore of the island of Plowden aforesaid, to the point of the promontory of Cape May, above mentioned, terminates where it began," &c. The grant then continues, " with all and singular, islands and isles, floating, or to float, and being in the sea, within 10 leagues of the shore of the said region," all ports for ship ping, and creeks of the sea, lands, grounds, woods, lakes, salt waters and rivers adjoining, " with fishery of all kinds of fish, whales, and sturgeon, and all other royalties in the sea or fishing rivers ;" all gold, silver, and precious stones, and otherwise, &c. The churches to be built "may be held, &c, as by any bishop of Durham." The said Sir Edmund, heirs and assigns, to be true and absolute lords, &c, (saving the faith and allegiance to the king,) with " such titles, ad ditions, dignity, and privileges as George Calvert, knight, within the province or county palatine of Glastonbury, within our new lands, or as said Lord Baltimore, within Maryland, &c. ;" the said Edmund to hold, possess, &c, the said title, addition, dignity, and privilege of earl palatine, or office of governor, &c. The region granted " we erect and incorpo rate, and the same nominate or call New Albion," not to be subject to or dependent upon Virginia or New England ; "may make laws, create manors, and in short do all other things. It is added, " that he settled the said province, and resided therein, and acted as chief governor for many years." Having obtained this grant, it appears, from another do- Lease and re- cument of the same date, that an agreement was entered into ^e *° sir between the Right Honourable Sir Edmund Plowden, of Plow- Danby. den, in the county of Salop, knight, lord earl palatine, and governor of the province of New Albion, and Sir Thomas Danby, by which Sir Edmund leases to Sir Thomas, " who hath undertaken to settle 100 persons," 10,000 acres, whereof 9800 are to be bounded in a perfect square, on a part of AUTHORITY TO PURCHASE UP PATROONSHIPS. Rickney wood, within three miles of Watsesset, his lordship's plantation, and 100 acres lying entire and adjoining to Wat sesset town, &c, paying "one silver penny sterling for ever, for every person resident on the premises, upon certain con ditions ;" the town to be called Danby Fort. From another paper, it would appear, that the earl had made over to certain persons, as trustees, the whole property, which they now retransfer to his children, "Francis, Lord Plowden, son and heir of Sir Edward, earl palatine, and George Plowden and Thomas Plowden, two other sons of said Edmund, to the use of said Sir Edmund, earl palatine, during his natural life, with power to grant what estate he pleases, in fee simple, fee tail, for life or years, &c," in consideration of a certain quantity of land given to the trustees for their services. Such is a brief sketch of the various documents relating to this curious matter, as are contained in vol. i. pp. 160-174, of Hazard's Historical Collections, " taken from papers pub lished by Charles Varlo; who visited this country in 1784 and 1785, as agent for the Earl of Albion," and who, we understand, then applied to a respectable lawyer in this city, unfortunately for our purpose, since deceased, for the prose cution of the claim, in a part of which he was, by purchase or otherwise, interested. Judging, therefore, from these documents, upon their face, it would appear there is reason to suppose that the earl had at least a show of title. But as to his operations under it, what he accomplished, whether he was even in this country, and whether there was such a person, have all been subjects of inquiry. We will refer hereafter to some of the views taken by different persons on the subject. The directors of the West India Company were commis- August22. sioned, by the Assembly of the XIX., " to treat and transact Authority to with all the patroons and colonists in New Netherlands, for cwnpanyto the purchase of the patroonships, colonies, dignities, houses, purchase the buildings, lands, merchandises, and all the rights, effects, patroon- ,6 ' ' ., . ' . „ , . , f> ' ships. appendages and dependencies thereol, which they were in Nov. 27. possession of there." Under this authority, the commis* An agree- sioners, November 27th, entered into an agreement with the ™redtntofor patroons, which was completed next year, for the purchase the purpose. 0f Zwanendal from them. This measure was probably ren dered necessary, by difficulties arising between the company SWEDISH CHARTER CONFIRMED. 39 and the patroons of New Netherland, in consequence of their 1634. pretensions and demands against the company.1 r~" The charter of the Swedish West India Company was con firmed in Germany by the deputies at Frankfort, and was December 12. printed at Hamburg, in 1635. It does not, however, appear, that matters were yet ripe Swedish for execution, as no decided steps were taken for nearly four ch^Tcon- years afterwards. The probability is, the project was kept firmed. alive, and gradually progressing.2 We have seen, in the outeTstuie. possession of a family in this city, descended from one of the Swedes " who, it is supposed, came with the first colony," and "bore an active part," a "passport," dated December 2, 1634, given to Oloeff Petersen Stille, " to the so-called New Sweden," " he wishing to try other places." It is signed by Erick Bielke, of Wyck Penningby and Nynanas. It is rather a certificate of good conduct than a public pass; it is in Swedish, and was copied from the original itself, upon the fly-leaf of the family Swedish bible, by Jonas Lidman, one of the early Swedish ministers at Wicacco. It is mentioned merely to show that the subject was then in agitation, and the certificate was obtained, probably, under the belief that the plan would be carried into effect immediately. The do cuments before furnished, however, manifest, we think, conclu sively, that for the reasons before assigned, the scheme originally proposed in 1624 or 1625, had, up to this period, failed to be accomplished. 1635. By a regular contract signed this day, by the patroon, the February 7. owners of Zwanendal transfer to the directors of the West saieof India Company, all their right, title, and interest in that ^JJ^f property, upon the following terms. They agree "to sur- troonstothe render, as they do hereby, their two colonies named Zwanen- DothsMes°of dal, in New Netherland, together with the jurisdictions, «"«"<*• 1 See O'Call. vol. i. pp. 160—165, 365, 479. 2 MS Mem. of Rev. Dr. Collin, former pastor of Wicacco church, who says, u The ancestor, Oloeff Stille, son of Peter Stille, came from the maritime part of the province Upland, in Sweden. A copy ofthe original passport was taken by Jonas Lidman, who was pastor of Wicacco church from 1720 till nearly 1730." " The time of his arrival here is not on record, but he was pro bably with the first colony ; he resided on Tinnicum, and was much esteemed by the Indians, who used often to visit him ; which Rev. J. Aerelius, pastor of all the congregations, mentions in his book on the Swedish Missions, printed at Stockholm," inl759." N. C. SALE OF ZWANENDAL TO THE COMPANY. dignities, lands, rights, and dependencies thereunto belonging, which they there, by virtue of their two distinct sealed patents obtained before the council of New Netherland, resi dent on the island of Manhattan, dated 15th July, 1630, and 3d June, 1631, in pursuance of letters of conveyance passed by Queskakous and Ensanckes, Sickonesyns, and inhabitants of their villages, and the other by Sawotbouc, Wiewyt, Pemhacky and others, appearing on the aforesaid date, both situate on the South River, as well on the south hook of the bay, as on the east side of said river, with all such houses, buildings, out-houses, as they or their servants may have purchased, erected, or brought there, none excepted, to trade with these, together with their own free goods, without re serving therein any right of action, placing such property from henceforward in full possession of the aforesaid com pany, according to the aforesaid original letters, which they do hereby deliver over, consenting at all times to grant to aforesaid company, &c, when required, further conveyance," &c. They engage further to deliver over, "all charters, maps, and papers concerning the aforesaid colonies." The payments were 15,600 guilders, ($6240,) in instalments of one-third, on May 27, 1635, Aug. 27, 1636, November 27, 1637 ; each partner to receive a special obligation for his interest, "pro quota and rata," " without the one being holden to wait on the other for his money ;" or they may receive or purchase from the company, according to octroy, in whole or in part goods, deducting six per cent, per annum for the un expired time of credit. The outstanding accounts between the sellers and company to be considered as discharged; and they not be subject to duties on an expected cargo of timber; and the rights of neither party, in a suit depending between the patroons and company, at Amsterdam, to be impaired. Subscribed by the parties, in Amsterdam, "each for his part in the colony, and no more," February 7, 1635.1 An attempted attack on the company's territory on the George South River is made by some English from Connecticut. A makefan at- certain George Holmes, with twelve or thirteen persons," be- temptupon sides his hired man, Thomas Hall, proceeded to Delaware, for the purpose of making a settlement there. Being arrived there, Hall deserted. An attempt by the others was made on Fort Nassau, which failed. They were made prisoners by 1 See the agreement at length, in O'Call. vol. i. p. 481. Fort Nassau. ARRIVAL OF WILLIAM KIEFT, DIRECTOR-GENERAL. the Dutch, and sent to Manhattan, in a boat of the company. They were not punished. They are said to have been the first English settlers on Manhattan, near Fort Amsterdam, where they were patronized by the director-general. De Vries furnishes an account of fourteen or fifteen Englishmen arriving in a boat of the company, at Manhattan, who wanted to take Fort Nassau. Hall is said to have hired himself to a farmer, and to have been living on a " small bowery" of the company, in 1650.1 From this period, there is a chasm in the history of the chasminthe operations of the Dutch on this river, for two or three years, ^^J™ a which we have met with no documents or records to supply. From what occurs after that period, it is presumed the esta blishment at Fort Nassau had been maintained, and that it was probably done with a view to protect some trade which was still carried on there. 1638. This year arrived at Manhattan, William Kieft, as succes- March 28. sor to Van Twiller, director-general. He came in one of the Arrival of West India Company's ships, called the Herring, of 280 tons Di"ctor°ge- burden, " carrying 2 metal, 16 iron, and 2 stone guns." £<^h1<>f N!7 Among the officers and servants of the company are men tioned, Andreas Huddie, first commissary of wares, (afterwards conspicuous on South River,) Jan Jansen Van Upendam, commissary of Fort Nassau, and Peter Mey, assistant." Kieft was the third director-general of New Netherland, and the first who appears prominently to have assumed a direct supervision over the operations on the Delaware.2 He found the fort at New Amsterdam in a decayed state.3 As, during our progress, we have endeavoured to point out the errors of different writers respecting the period of the arrival of the Swedes, we will now furnish some documents, sufficient, as we think, to remove all doubts upon the subject, and which the late researches of John Romeyn Brpdhead, Esq., have enabled us to present. By the liberality and public spirit of the legislature of New York, he was commissioned as Historical Agent to Holland, England, and France,' in i De Vries, p. 259. Holl. Doe. vol. iv. p. 110 ; vol. v. p. 399. O'Call. vol. i. p. 170. 2 De Laet. O'Call. vol. i. p. 180. Albany Records, vol. i. p. 101. a Ibid. ARRIVAL OF THE SWEDES. 1841, to examine the European archives, and obtain copies of papers, and has returned with the rich fruits of his labours.1 We have shown, that owing to wars, &c, nothing had been accomplished by the Swedes till after 1635, and now we have their actual arrival announced in an official letter, which, as it has probably never been published, we give entire ; it is an extract of a letter from Jerome Hawley, treasurer of Vir ginia, to Mr, Secretary Windebanke, dated " Jamestown, in Virginia, May 8, 1638. • " Bight Eon. — Upon the 20th of March last, I took the letter &om boldness to present you with my letters, wherein I gave only anntuncS a touch °f t^ie business of our Assembly, referring your honour totheEng- to the general letters then sent by Mr. Kemp, from the go- menfairivai vernor and council. Since which time here arrived a Dutch virghuf'11 S^P> m'^ commission from the young Queen of Sweden, and May 8. signed by eight of the chief lords of Sweden, the copy whereof 1 These valuable documents, which reflect so much credit on the legislature of New York, and whose liberality may be well imitated by our own state, are deposited in the Secretary of State's office at Albany, and are freely accessible to persons desirous of obtaining information from them. We fee] ourselves much indebted to the politeness of the secretary and deputy for the conve niences afforded to us, while engaged for four weeks in examining them, and the numerous volumes previously translated, at tlie expense, also, of the state, and of which it will be seen we have largely availed ourselves. The Brodhead Documents consist of sixteen volumes of <¦• Holland Documents," in the original language, from which we made some copies, and had them trans lated, (but we have availed ourselves largely also of the knowledge and labours of E. B. O'Callaghan, Esq., in his excellent work on New Netherlands, for fre quent reference to them ;) forty-seven volumes of " London Documents," and seventeen volumes of " Paris Documents," in French, making, as the result of Mr. Brodhead's labours, eighty volumes. A catalogue of the individual docu ments is printed by the state, and occupies alone 374 large pages. The " Hol land Documents," we understand, are translating by Mr. O'Callaghan, at the expense of the state, who have already expended many thousand dollars in historical information. It is respectfully recommended to our legislature to de vote the small sum which would be required to employ some person to extract from them those parts which relate to our early history j and also to procure from Sweden copies of the important materials there, of which, with the ex ception of the few obtained by the Hon. Jonathan Russel, when minister, and now in possession of the American Philosophical Society, we are wholly igno rant, and of course that portion of our early history is obscure. Every hour's delay subjects them to the risk of entire destruction, as Mr. Brodhead was mor tified tc learn, when in pursuit of the papers of the Dutch West India Com pany, he ascertained that, after having been kept so many years, apparently without use, they had been disposed of at auction, as waste papers, so late as 1821 ; thus for ever excluding all hope of access to the valuable information they contained. And the author would also avail himself of the occasion to say, that unless some course be adopted to arrange and preserve the early records at Harrisburg, which are scattered through the various public buildings, " unknowing and unknown," and in their present state lying useless to the his torian, they will meet with the same fate as the Dutch documents have done; or be lost for ever, by the destructive hand of time. ARRIVAL OF THE SWEDES. Iwould have taken to send to your honour, but the captain would not permit me to take any copy thereof, except he might have free trade for tobacco to carry to Sweden, which being contrary to his majesty's instructions, the governor ex cused himself thereof. The ship remained here about ten days, to refresh with wood and water, during which time the master of the said ship made known that both himself and another ship of his company, were bound for Delaware Bay, which is the confines of Virginia and New England, and there they pretend to make a plantation, and to plant tobacco, which the Dutch do also already in Hudson's Biver, which is the very next river northward from Delaware Bay. All which being his majesty's territories, I humbly offer the considera tion thereof unto your honour, and if his majesty should be pleased to think upon any course, either for removing them, and preventing others from settling upon his majesty's terri tories, I humbly conceive it may be done by his majesty's sub jects of these parts, making use only of some English ships that resort hither for trade yearly, and be no charge at all to his majesty."1 In a long, early Holland document, giving a connected account of New Netherlands from the commencement, we find the following passage : " This river (Delaware) was in the quiet and peaceful pos- situationof session of the company (West India) for a number of years, and at the™ until at last a certain person, Peter Minuit, forgetting the benefits bestowed on him by the company, he having been its director in the New Netherlands, kept his eye on it, but not knowing under what pretence he could go there, proceeded to Sweden, where, (it is said,) he obtained a commission from the government, which had him transported from there imme diately, with one or two vessels and some Swedes, mostly bandits, to the before-mentioned River Delaware, where he arrived in the year 1638, and thus twelve years after the company had arrived there, where he had a fort built called Christina, about five or six miles below the company's Fort Nassau, notwithstanding they, as the first discoverers and possessors of the before-mentioned river, have protested against this, at several times, by their ministers, as appears from different letters from its director, William Kieft, of which 1 Copy from Brodhead's " London Documents," at Albany, vol. i. pp. 57, 58. arrival of the Swedes. ware,April 28. ARRIVAL OF THE SWEDES. the following are extracts." They are addressed to the direc tors of the West India Company. "April 28, 1638. — The assistant commissary of Fort Letter from Nassau writes that Minuit was on the Delaware, and that he aSecwftt° tad sent his sloop below the fort ; afterwards he wanted to Arrival of senci her Up again, but this we prevented. Peter Mey went theTei™ on board, requesting to see his license or commission, which he refused to show, saying the intention was to build a fort there, and that his queen was as justifiable in building a fort there as the company. I sent Jan Jansen, clerk of the fort, there, and ordered him, in case Minuit intended to do any thing to our disadvantage, immediately to protest against1 it in proper form. Expecting further news from there, &c." Notwithstanding the previous notices given to Minuit, it May 6. appears he was progressing with his operations, which was probably the occasion of the following "formal" protest sent to him by Director Kieft, and which is afterwards alluded to in the extract below. There is some uncertainty as to the date ; it is found recorded in the " Albany Documents," between May 6, (immediately preceding it,) and May 17, (directly following it ;) the former has usually been considered by historians, when they refer to this protest, as its date. "I, William Kieft, director-general of New Netherland, residing on the island of Manhattan, in Fort Amsterdam, director under the sovereignty of their High Mightinesses the States- Slte agLst General of the United Netherlands, and the privileged West the proceed- India Company department at Amsterdam, make known to Sngs of Peter T _i ^ . ' Minuit. the Hon. Peter Minuit, who calls himself commissioner in the service of her royal majesty of Sweden, that the whole South River, in New Netherland, has been many years in our possession, and has been secured by us with forts above and below, and sealed with our blood, which has happened even during your direction of New Netherland, and is well known to you. Whereas you now do make a beginning of a settlement between our forts, and art building there a fort, to our prejudice and disadvantage, which we shall never endure or tolerate, and which we are persuaded it never has been commanded by her royal majesty of Sweden, to build for tresses on our rivers, and along our shores, so is it, that we, if you proceed with the building of forts, and cultivating the lands and trading in furs, or engage further in any things to our prejudice, protest against all expenses, damages, and ARRIVAL OF THE SWEDES. 45 losses, and will not be answerable for any mishap, effusion 1638. of blood, troubles, and disasters which your company might ' ' — ' suffer in future, while we are resolved to defend our rights in all such manner as we shall deem proper. This done."1 Minuit, however, still persevered in the erection of his Minuit per- fort, and it appears from the other extract before alluded to, seTer'!St0 ' . xr- c complete the that Director Kieft again wrote to the company in Holland, fort. informing them of the fact of its being built. He says, "July 31, 1638. — Minuit has built a fort near the Dela- Letter from ware, five miles below our fort, and draws all the skins Eetftothe towards him by his liberal gifts ; he has departed with the company, re- two vessels he had with him, leaving twenty-four men in the MmuS* fort, provided with all sorts of merchandise and provisions, fort> and and has put down posts, on which are the letters C. R. S. ceedings. Jan Jansen has, according to my orders, protested against Gets a11 furs' this, on which he gave an answer, a copy of which goes here- there. with. We afterwards sent him a formal clause of protest, which was read to him, but he did not feel inclined to answer it, and his proceeding is a great disadvantage to the com pany," &c.2 Another extract referred to, (without date, but probably Fur trade 1639,) says, " the affairs on the Delaware remain in the same gw^eilby state as last year; the trade there suffers considerably, be cause the Swede has spoiled it, and still does, and which we are forced to submit to. The trade being taken from us and our country, is felt very sensibly by us."3 The foregoing extracts, therefore, enable us, we think, to Conclusion decide very nearly the time of the arrival of the Swedes, and ^ ^^ of their building their first fort. Minuit, according to Haw- Swedes. ley's letter, a,rrived at Jamestown shortly after the 20th of March, 1638, bearing a commission from the "young Queen of Sweden ;" he remained there ten days, and then sailed for the Delaware, where he was on the 28th of April, and even previously, for that was the date of the letter of Kieft to the company from Manhattan, before which time he must have been informed of the fact from Delaware, so that he probably arrived here early in, or about the middle of April, appa rently for the purpose of refreshment, but he soon announced to Peter Mey, who was sent from Fort Nassau to see his 1 Albany Records, vol. ii. p. 7. Reg. Penns. vol. iv. p. 82. Breviat in Penn's Case, p. 35. Smith's N. Y. &c. 2 Holl. Doc. vol. viii. p. 32—50. * Ibid. Arrival of the Swedish ships under Minuit. ARRIVAL OF THE SWEDES. commission, that he intended to build a fort, against which the clerk of the fort (Nassau) is directed to protest. Minuit however proceeds, and on or about the 6th of May, Director Kieft formally protests, in which he notices the beginning to build the fort, which does not produce the effect of stopping his progress. Accordingly, on the 31st of July, we find by the letter of the director to the company, from Manhattan, that the fort had actually been built, and the Swedish arms raised ; so that between April and July the Swedes arrive, and Fort Christina is built, having been, as was naturally to be expected, the first object of attention; and as all the early writers agree that this was the first fort erected by the Swedes, it seems to follow as a consequence that this must have been the period of their first settlement on the river. The vessels, too, had departed. We therefore assume it to be the fact. Peter Minuit, or Minnewit, as we have seen, was a Hollander, who first visited America as director of the West India Company, in 1624, and remained at Manhattan till 1633, when he took his departure for Holland. Becoming dissatisfied with the company, or, as is generally supposed, being dismissed for some reason from their service,1 he went to Sweden, and offered his services to the Swedish govern- njent, or company,2 which had been several years previously established for the purposes of trade and colonization, and which design was now about being carried into effect. The name of Usselincx, the original suggester of both the Dutch and Swedish companies, does not now appear in connection with it. Minuit's services are accepted, and under the favour able patronage of the queen, and her efficient minister, Oxen stiern, two vessels, a man-of-war named " Key of Calmar," and a tender, the " Griffin," amply furnished with suitable merchandise, and necessary provisions and ammunition, set sail late in 1637, or early in this year, destined to the South River, where, as we have seen, after touching for a short time at Jamestown, in Virginia, they safely arrived, during the month of April, 1638. It is said they first landed near Cape Henlopen, and from the beauty and apparent fertility of the country, they called it Paradise Point, now Mispillion Creek. It is supposed that his company did not exceed fifty per- ' Bancroft, vol. ii. p. 250, 251. Reg. Penns. vol. iv. p. 374. O'Call. vol. i. p. 189. 2 Holl. Doc. vol. viii. p. 32—50. labourers iu his com- ERECTION OF FORT CHRISTINA. 47 sons, of whom many are said to have been criminals, in 1638. accordance with the practice of the Swedish, as well as other ' — ¦ — ' governments, at that time, to transport convicts and labourers to the colonies, where they were sold or indented as servants.1 convicts ana His first interviews with the Dutch, after his arrival, and the interruptions to his schemes of trade with his sloop, up the Pany river, by their Fort Nassau, have been already noticed above. He early proceeded to select a location for a fort. An Indian sachem named Mattehoorn, declared that " when Minuit came into the country with a ship, he remained lying before the Minquas kill, (or creek,2) near which, at that time, the sachem had a house, in which he lived. Minuit offered and Minuit pur- gave him a kettle and other small articles, and requested of ij^",,^ him as much ground as to enable him to put up a house, and land for a also as much land as was contained within « six trees,' which gs,rAen. the sachem sold Minuit, who promised half the tobacco which would grow upon it, which, however, the sachem says he never gave him."3 On this creek Minuit commenced and erected a fort and trading house., which, in honour of his queen, he called Christina. It was about five Dutch miles below Fort Nassau, iort chris- on the west side of the river, and near the present Wilming- ideation ton. It is described, in 1645,* as being " about half a mile described. Dutch, or 2J miles English, within the creek, and nearly encircled by a marsh, except on the north-west side, where it can be approached by land ; at its south-west it touches the kill." A late writer, well acquainted with that neighbourhood, supposes it to have been about two miles in the creek, " at the point long well known by the name of the Rocks, which here form a natural wharf of stone, at that time being one of the capes of Christina, and so called in the ancient records of the country."6 It is said the first colonists lived near to- a church gether about this creek, and had their public worship in the fort an there, afterwards constituting a town called "Christina- ham."6 The Rev. Reorus Torkillus came over with Minuit, and was > Aerelius, 408. 2 Christina Creek was also called, by the Indians, Paghaghacking, and Hopo- kahacking ; also, Suspecough. Campanius, Duponceau, &c, p. 79. 3 Translation of a Dutch note, in O'Call. vol. i. p. 190. « Hudde's Report, p. 428. See also description of it, by Aerelius, in note to Campanius, p. 85. 6 See'Ferris, p. 42. « Ibid. p. 45. 48 1638. Swedes pur chase lands from C&pe Heniopen to falls at Tren ton. Deeds and map in Swedon. Minuit's t..e- parture. Was he not first gover nor of the Swedes 1 Settlementof New Ha ven com menced. PURCHASES BY THE SWEDES. therefore the first Swedish clergyman ; he died in four or five years after.1 The Swedes, early after their arrival, purchased all the lands from Cape Heniopen to Santickan, (the falls at Tren ton,) and then fixed up stakes and marks. The original deeds for these lands, with the marks of the Indians, were sent to Sweden, and preserved in the archives of Stockholm, where they, as well as a map of the country, made by Magnus Kling, their surveyor, were seen by Israel Helm, and a copy of the map made and brought over by a clergyman who arrived here in 1697.2 It will be recollected that a portion of the land in this purchase had previously been sold by the natives to the Dutch patroons, and afterwards by them to the West India Company. By the extract above, under date of July 31, 1638, it appears that Minuit had " departed with the two vessels he had with him, leaving twenty-four men," &c. We are left to conjecture whither he went ; it is said, by a late writer,8 " he went home ;" if so, who did he leave in charge of the fort and men ? did he again return ? He has usually been considered the first governor of the Swedes, and Aerelius says he did a great service to the first Swedish colony. During three years he protected this small fort, (Christina,) which the Dutch never attempted ; after some years he died there."11 Although considered by historians as the first go vernor of the Swedes, we believe no records of his official acts have reached us ; yet next year the effects of the colony are complained of by the Dutch. But whoever was governor, the permanent settlement of the Swedes seems to have been maintained. In this year, also, commenced the settlement of the town and colony of New Haven, from which a colony was attempted afterwards to be established on the Delaware.8 It appears from a long remonstrance of the commissioners of the Assembly of XIX., that infractions of the laws of trade, " by self-interested persons, in New Netherland, are complained of, and that great frauds in the fur trade are committed against the company," by embezzling and appro- ' Notes to Campanius, p. 109. Clay, p. 149. 2 Rudman's Notes, in Clay, p. 17. 3 O'Call. vol. i. p. ] 90. 4 Aerelius, p. 410. 5 Professor Kingsley's Interesting Address, at the 200th Anniversary, 1838, REGULATIONS FOR TRADE ON THE DELAWARE. 49 priating to their own profit and benefit the largest and 1638. choicest assortment of furs, far superior to those which have ' ' ' been negotiated for the company, shipping them clandes tinely on board the company's vessels, to the exclusion of the mauds in company's cargoes, and those of the patroons, and even some- ^,^^f* times defrauding the company of the freight ; exchanging too, of by the " their worst skins for the best skins of the company, or at b"^^ least purchasing the best for themselves and not for the com- furs proM- pany." They also complain of the expenses of fortifications, 0UtPe^mis- servants, and fitting out vessels, " through which the state of sion- New Netherland is on the decline ;" they therefore forbid all persons from freighting any wares or merchandise without the knowledge and consent of the company. A resolution is passed that " no person, for themselves or others, may trade in furs in any place, directly or indirectly," unless authorized, under penalty of • " correction at discretion of the department, or director and council, and losing all their monthly wages." The director-general and council of New Netherland, and all other officers, are to see this executed, "without any connivance or compact," and "publish this command in all places, and affix it in all the colonies."1 Jan Petersen, from Alfendolft, is mentioned as "barber" Barber em- (as surgeons were then denominated,) on South River, at ten D°iawar°en guilders per month, from 10th July, 1638.2 1639. A judgment is obtained, before the authorities at Man- Februarys. hattan, against one Coinclisse, for wounding a soldier at Fort convicts Amsterdam. He is condemned to serve the compan/, along ^^"^ with the blacks, to be sent by the first ship to South River, to Delaware. pay a fine to the fiscal, and damages to the wounded soldier.3 This seems to be the first intimation of blacks being in this part of the country. Director Van Twiller having been charged, after Kieft 's March 22. arrival, with mismanagement and neglect of the company's Fort Nassau concerns ; among other things, with expenditures at Fort J^**^1 Nassau ; a witness by the name of Gillis Pietersen Vander pairs, &c Gouw, a carpenter, certifies that he aided in all buildings, &c, Ch*^t Van during Van Twiller's administration, at Manhattan, Fort Twuier. 1 Albany Records, vol. ii. p. 10. * Ibid. 8 Albany Records, quoted in the Breviat in Case of Penn and Lord Balti more, p. 35. 7 E 50 CHARGES AGAINST VAN TWILLER. 1639. Orange, and at Fort Nassau, on the South River, where he ' ' — ' assisted in the repair of the fort, "which was much decayed," and also in building " one large house in the fort." Another witness asserts he had in his custody for Van Twiller, at Forts Hope and Nassau, twenty-four to thirty goats, and that three negroes bought by the director in 1636 were since employed in his private service.1 Several regulations were made by the Dutch respecting the March 31. trade on South River. It was prohibited to sell powder, Permits ne- balls, and guns to the Indians there, on. pain of death. No twee^Man- person shall dare to sail with boats or any other vessel, to hattan and South River, except by a permit from the director-general, and on their return by a passport of the commissary there residing and representing the company. If any person is discovered to have been there without permit, vessel and cargo to be confiscated, besides a fine. Notice to be fixed up, so that none shall plead ignorance.2 The directors complain that "Fort Nassau is a heavy bur- october 2. den to the company, as regards garrison, provisions, and the complaints vessel ; nor do we see any means to reduce it, owing to the sTete. e Swede, who lies five miles from us, in our jurisdiction, loss of although it is so well known that the mouth of the river, which we sealed with our blood, and took possession of below and above ; they have, since they have been there, done about 30,000 florins' injury to our trade, and are doing it yet daily. Taking it for granted that they will break up, which they will be forced to do shortly, if they don't receive any suc cours, and we will not grant, (if we are powerful enough to prevent it,) that anybody establish himself in our limits, which we likewise ought to have done with those."3 Affairs at Manhattan, also, about this time, were discou- Tribute raging, from their heavy expenses, &c, and they resolved to indian^Vo- demail cattle, and other things necessary for the cultivation of the Holland to country;" that Captain Powelson designs departing from NewSweae^ Holland to America or the West Indies, and there establishing himself in the country called "New Sweden." He is com mended to the kind attention of all monarchs and republics, or their officers and servants, to whom he may address him self; and it is requested of them, and commanded of Swedish subjects, that he and his vessels, and every thing on board, may be permitted, freely and without obstacle, to pass, and according to circumstances, to return to his country. Two other similar passports for vessels were at the same time fur nished, blanks being left to be filled with the names of the captains and vessels. A letter of the same date, directed to the commandant or Letter to commissary, or other inhabitants of Fort Christina, in New 0° tahabT7 Sweden, is furnished, in which it is mentioned that " we have tants of granted and permitted to our very dear Gothart de Rehden? ^ 2"™." Mr. De Horst, and Fenland, &c, to send to New Sweden vour of a two or three vessels laden with men, cattle, and other things ^Xrers necessary for the cultivation of the country, to establish toNewSwe- themselves on the north side of the South River, and to there found a colony." " We have accorded to them a grant and privilege, with several other rights. What we exact from you is, that you place no obstacle to their project, and more over, for your own advantage and, common safety, that you be with them on good terms." They mention also " their gracious intention of sending from Gottenberg, next spring, if it pleases God, one or two vessels, with all sorts of provi sions, and to detail more fully to you our views and inten- , tions, according to which you will have to conduct yourselves in both cases." Both these documents are signed by the two Oxenstierns, and several other officers. These vessels probably arrived during the spring, and very PRIVILEGES GRANTED TO THE NEW COLONY. seasonably for the relief of the Swedish colony, which had preceded them under Minuit.1 It appears that the privileges at first intended for Mr. De Horst,. for some reason not assigned, were transferred to Henry Hockhammer, and are as follows. The following is a summary of the conditions of the grant Grant and and privilege alluded to above, to Henry Hockhammer and Henfy Hock- Co-> the7 " having the intention of establishing a new colony in hammer to New Sweden :" colony* * 1st. Permission to cause to depart from Holland, at their New Sweden, expense, under our royal protection, and in our name, two or three vessels, with men, cattle, and other necessaries, for the purpose of landing them below Fort Christina, on the north side of South River, and there take up as much land on both sides of the river as is necessary for their purposes, to place it under actual cultivation in ten years, and to be at least four to five German miles from Fort Christina. 2d. If the land first chosen does not suit them, they may choose another situation, with the consent of the crown, or that of our go vernor in that country, so that no person may receive damage. 3d. The possession of all they may thus occupy is guarantied, by royal authority, to them and their descend ants, and shall never be taken away. 4th. All within their districts, whether " fruit of the surface, minerals, springs, rivers, woods, forests, fish, chase, even of birds, the establish ments upon water, windmills, and every advantage and utility which they find established, or may establish," shall remain to them and descendants as " allodial and hereditary property," they only to pay to the crown and successors, as an acknowledg ment of sovereignty, per annum, three florins for each family established in their territory. 5th. The right of exercising in their district high and low justice, of founding there cities, villages, and communities, with a certain police, statutes, and ordinances, to appoint magistrates and officers, to take the title and arms of their colony or province, " it being under stood that they and their descendants shall receive of us and 1 These documents, with several others which will follow, were furnished by Jonathan Russel, while minister to Sweden, to the American Philosophical Society of this city, and may be found at length in Reg. of Penns. vol. iv. p. 179. The dates are those given in the documents, which we suppose to be the true ones, from the reference made to the arrival in the Holland extracts hereafter furnished. A late writer places the arrival as in 1641, which would be cor- rect, if the dates are 0. S. PRIVILEGES GRANTED TO THE NEW COLONY. 53 our successors, that jurisdiction, and these royal rights, as an 1640. hereditary fief, and that they must conform themselves, in ' ' ' this case, to all which concerns the ordinary justice of fiefs." 6th. The statutes and ordinances which they intend to esta- Grant to blish, to be communicated to the governor for approbation and hammer0" confirmation, in order to discuss and execute with him in all c now proposes to pay Delaware a second visit. " At a general court held at New Haven, 30th of the sixth month, (August,) 1641. " Whereas there was a purchase made by some particular Previous persons, of sundry plantations in Delaware Bay, at their ^aware8 own charge, for the advancement of public good, as in a way J^y aUu-,M of trade, so also for the settling of churches and plantations in those parts, in combination with this ; and thereupon it was propounded to the general court, whether plantations should be settled in Delaware Bay in combination with this town, yea or nay; and upon consideration and debate, it was assented unto by the court, and expressed by holding up of hands." " So far as Captain Turner hath reference to the civil state, captain Tur. and employed therein, provided that his place be supplied in ^a'togo'to his absence, the court hath given free liberty to him to go to Delaware, Delaware Bay for his own advantage, and the public good, substitute in in settling the affairs thereof." MdofficeIie "It is ordered that those to whom the affairs of the town The town of- is committed, shall dispose of all the affairs of Delaware Bay p|!™teil™" according to the intent of the agreement2 for combination affairs of with this town, in settling plantations, and admitting planters Bay!™ to sit down there."3 This year, according to Aerelius, and all others who have Reputed succeeded him, died Peter Minuit, the conductor of the first DUriairf Swedish colony to this river, in 1638, and the reputed first maait- governor. He was buried at Christina.1 We have already 1 Reg. Penns. vol. iv. p. 219. 2 This agreement does not appear on the reoords. 3 New Haven Court Rec. vol. i. p. 46. 4 Aerelius, p. 410, 412. Ferris, &c. p. 57. gQ THE NEW HAVEN PURCHASE. 1641. given, as we proceeded, all that is now known of Minuit and '—*—' his public acts. The fact of his departure, ascertained by later documents, has rendered somewhat unsettled the state ments heretofore made respecting him, and relied upon with so much confidence. Mounce Kling is said to have acted as deputy under him.1 Here we must leave the matter for future research. Minuit is said to have been succeeded by Peter Hollandaer, Minuit's whose arrival has already been noticed, and who continued RHoUan- & office for about eighteen months. Of him and his acts 4aer- less is perhaps known than of his predecessor'; he is reported to have returned to Sweden.2 1642. " The New Haven people, (being Londoners, chiefly un- March 2t. skilled in husbandry, and unable to bear labour, their estates New Haven wasted, servants scarce and high,) they inclined to look out, moTetoDeia- ant* so *° settle themselves elsewhere more commodious for ware. their subsistence, and with them also joined a great part of effected808 the other plantations of their union, partly from their love through the an t0 and require from the English to show him by what authority English. they acted, and how they dared to make such an encroach ment upon our rights and privileges, our territory and com merce ; and if they can show no authority or royal commission to settle within our limits, or an authentic copy of such a commission, then to compel them to depart directly in peace, to prevent effusion of blood. If they will not listen or sub mit, then to secure their persons, and conduct them to the yacht, that they may be brought hither. Be in every respect on your guard, that you remain master, and are not surprised, and maintain the reputation of their High Mightinesses and the noble directors of the West India Company. If the English leave the spot, or make their escape, then you must destroy their improvements, and level those on the spot. While you, Jan Jansen Van Upendam, shall take care that the English are not injured in their personal property, but that there be made in their presence an accurate inventory of the whole."2 These English are said, by some, to have been Mary- 1 Hubbard's N. E. in Mass. Hist. Soe. Coll. vol. vi. 2d series, pp. 326, 381. Hazard's Hist. Coll. vol. ii. p. 164. Winthrop, vol. ii. p. 62. 2 Albany Records, vol. ii. pp. 162, 164, 165. the Dutch to the English. SEIZURE OF ENGLISH MERCHANDISE BY THE DUTCH. landers,1 and that they were driven off. Bozman, the histo rian of Maryland, says, " our records make no mention of this attempt by the inhabitants of Maryland to form, at this time, any settlements on the Schuylkill."2 They were most probably a part of the New Haven Company. Notwithstanding the purchases of the English on both August. sides of the river, to which, as they affirm, neither the Dutch conduct of nor Swedes had any just title, Governor Kieft, without pro test or warning, sent armed men, and " by force, in a hostile way, burnt their trading house, seized, and for some time de tained, the goods in it, not suffering their servants so much as to take a just inventory of them. He there also seized their boat, and for a while kept their men prisoners, for which treatment they could not, up to 1650, get any satis faction. The Dutch governor sent armed vessels to De laware to seize Mr. Lamberton's vessel, or drive him out of the river," but being on his guard, he at that time main tained the right and honour of the English. As he was returning from Delaware, the Dutch governor at Manhattan compelled Mr. Lamberton, who was the agent of New Haven, " by threatenings and force," to give an account of what beaver he had traded for within the English limits at Dela ware, and pay recognitions for them, against which a protest sent from New Haven was of no avail." The damages done to the English at Delaware were estimated at ,£100 sterling.3 Great sickness and mortality prevailed among the settlers of last year upon Delaware, which dissolved "the plantation. The same sickness and mortality befell the Swedes also, who were planted in the same river. The English were after wards driven out by the Swedes."4 However uncertain may have been our knowledge hereto- Gov.Printa fore, of the executive operations of the Swedes since the departure of Minuit, there is now no longer any doubt upon the subject. In the latter end of the year, John Printz, a lieutenant of cavalry, is appointed governor, receives his commission and instructions, and early in next year arrives in the Delaware. Of both documents we now proceed to i Smith's N. Y. vol. i. p. 6. 2 Bozman's Md. p. 207; edit. 1837. 3 Hazard's Hist. Coll. vol. ii. pp. 164, 214. Trumbull's Conn. vol. i. p. 120. Smith's N. Y. Albany Records, vol. ii. p. 177, 185. 4 Winthrop, vol. ii. p. 76. Hubbard. appointed. JOHN PRINTZ MADE GOVERNOR. 63 give an abstract. The commission, though latest as to date, is 1642. given first. ' — ¦ — ' John Printz, lieutenant of cavalry, is appointed by Chris tina, queen of Sweden, governor of New Sweden. His August 16. commission is dated 16th, although his instructions are on Appoint- the 15th August. It commences by stating that " our faith- "n"'^^ ful subjects having commenced visiting the West Indies, and ms commis- having purchased in form, and already occupied a considera- 6™^! du- ble part of that country, which they have named New Sweden, ties- in consequence, — as their laudable project, the navigation which they have undertaken, and the cultivation which they are disposed to make, cannot but increase and facilitate com merce, — to giveithem mor_e vigour and extent, not only have we approved their design, and taken the country and its inhabit ants under our royal protection, but again to favour and strengthen the work which they have commenced, we have given to the country and inhabitants, our subjects, a governor, and have named, as we do here, by virtue of this letter-patent, our very faithful subject, the above named lieutenant of caval ry, John Printz, for governor of New Sweden. He engages to administer and govern said country, and to defend its inhab itants against all violence and foreign attachment, and to preserve, above all, that country in safe and faithful hands. He must preserve amity, good neighbourhood, and corre spondence with foreigners, with those who depend on his government and the natives of the country ; render justice without distinction, so that there shall be injury to no one. If any person behave himself grossly, he must punish him in a convenient manner ; and as regards the cultivation of the country, he must in a liberal manner regulate and continue it, so that the inhabitants may derive from it their honest support, and even that commerce may receive from it a sensi ble increase. As to himself, he will so conduct in his govern ment as to be willing and able faithfully to answer for it before God, before us, and every brave Swede, regulating himself by the instructions given to hhn." The inhabitants are required to acknowledge and obey him as governor.1 The following is an abstract of the instructions to Governor August 15. Printz. After enumerating the advantages expected to result instructions from the " conquering and purchasing the territory of New ^ P°Temor Sweden, and the extension of commerce thereby," it is stated 1 MS. Doc. A. P. S., Reg. of Penns. vol. iv. p. 200. 64 1642. MuBt pro ceed to Got tenberg to prepare for departure. Determineon his route according to ihe wind. Have super vision of the captain and crew. Keep journal, &c. On arrival, to see the contracts for purchasesfaithfuUyexecuted.Bounds de scribed. English set tlement at VarkenBkin. INSTRUCTIONS TO GOVERNOR PRINTZ. that "for this laudable end," two vessels to make the voyage have been furnished, named the " Stork" and the " Renown," under the orders of a governor, whom " her majesty has pro vided with full, convenient and sufiicient power," and the vessels, "with other necessary resources." The governor must first, without delay, proceed by land to Gottenberg, whither the vessels have sailed. On his arrival there, he must aid in disposing and arranging every thing according to the regulations of the company, in such manner as to be at sea in September next. Before, or as soon as the vessels leave Gottenberg, he, with the captain and his council, "should deliberate upon the nature of the wind, and other circumstances, and decide whether to direct his course to the north of Scotland, or through the channel between Franee and England." During the passage he is to see that the captain and crew discharge their duties "with fidelity and exactness," and in " all occurrences of importance, and which merit reflection, he must ask the advice of the captain and council, must keep a journal, noting every thing worthy of remark, and send a copy of it back." When (should it please God) the governor arrives at New Sweden, he is to take care that the frontiers of the countrv, ac- cording to the contract made by the subjects with, the savages, " extends from the borders of the sea to Cape Heniopen, in returning south-west towards Godyn's Bay, and thence towards the great South River, as far as Minquas kill, where is con structed Fort Christina, and from thence again towards South River, and the whole to a place which the savages call San- kikan, which is at the same time the place where are the limits of New Sweden. This district or extent of country may be in length about thirty German miles ; as to width in the interior, it has been stipulated in the contracts, that the subjects of her majesty and company may take as much of the country as they wish." "Seeing that in the year preceding, (1641,) several English families, to the number of sixty persons, established them selves, and began to build houses and cultivate the earth, in other places, viz. on the eastern side of South River, near a small river called Ferkens kill, the subjects and company have, with the intention of attracting to them the English, bought from the savages who inhabited the country, all the INSTRUCTIONS TO GOVERNOR PRINTZ. 65 said western part, (eastern ?) from the mouth of the great 1642. river to Cape May, and even to another small river, Narra- ' — ' — ' tisenks kill, the whole extending about twelve German miles, comprising therein even Ferkens kill, above mentioned ; the Ooncmatory governor ought to maintain this contract of purchase invio- ^^^ lable, and with force, and thus to attract these English towards the families under the authority and power of her majesty ; she BngUfll1- suggests that these people are disposed to submit as a free people to a sovereign who can protect and defend them, and advises a conciliatory course; "yet as her majesty judges it will be better and more advantageous for Sweden, for the crown, and for those interested, to be able to disembarrass themselves of it honestly, she leaves it to the governor's dis cretion, to endeavour to obtain this point, and for it to work underhand as much as possible, with good manners and with success." As the Dutch West India Company undoubtedly wishes to appropriate to itself the lands possessed by the English, and certainly also all the eastern part of the great South River, (especially as their fort or redoubt Nassau, now rort Nassau occupied by about twenty men, is not very far from the °ccumedby . " twenty men. eastern side of this river ;) and since they make no pretensions to all the western part, of which the Swedes are in possession, imagining by their Fort Nassau they have acquired and re served the possession of all said river, and the country on both sides, for which reason they have protested against the Swedish subjects, and have never been willing to permit or grant them to ascend before Fort Nassau, the governor course of will comport himself towards the Dutch Company with mild- ^J™^^ ness and moderation, as the Swedes, only seeking to open a according to. free communication for commerce, had bought from the °^™" natives that which they possessed and cultivate. If, however, Also to Eng- the Dutch, contrary to all hope, show any hostile intentions, ^^ "it would be very proper to be on your guard, and repel force by force :" at so great a distance, the government leaves it much to the governor's discretion. If, however, the Dutch do not trouble us in our possessions, "the governor must main tain amity and good neighbourhood with the Dutch of Fort Nassau, and those established higher up the North River, at Manhattan or New Amsterdam, and likewise with the English who inhabit Virginia, especially because the latter have already begun to procure for the Swedes all sorts of necessary provisions, and at reasonable prices, both for cattle and grain." INSTRUCTIONS TO GOVERNOR PRINTZ. As to those of the Dutch nation who have gone to New Sweden, and are there established under Swedish protection, and under Commandant Jost de Bogardt, the governor Directions in must show them all good will, seeing that 'they comply with relation to tke conaitions stipulated, and also obey the orders signified coion^' S to them this year; that being established too near to Fort Christina, (report says only three miles distant,) they must abandon it, and occupy a place more distant from the fort ; but the governor may remove them, or suffer them to remain, as he finds expedient. With regard to the savages, the governor is to treat them The savages with humanity and mildness, and see that neither violence nor to be treated injustice is done them, but "must labour to instruct them in less, and" the Christian religion, and the divine service, and civilize their favour tnem> jje must bring them to believe that the Swedes have not come there to do them injustice, but rather to procure them what they need, in order to live reciprocally in com mon, and sell and exchange provisions. The governor must sell to them at lower prices than the Dutch at Fort Nassau, or the English, so as by this means to disengage them from these people, and accustom them more to the Swedes." Having thus summarily disposed of the Dutch, English, internal and savages, the instructions enter upon matters of internal regulations. regUlati0n. The governor may choose his place of residence where he Governor to finds most convenient ; he will choose a place suitable for for- choosehis tifications, either at Cape Heniopen or at "James's Island,"1 place of resi- ' L t x ' dcnce; also or any other favourable position. He must pay particular tionslnd^ attention, that by such a fortress the South River " may be a fort. shut," if it is possible, or commanded by it, and find a con venient port where vessels may be safe, even in winter. If, however, he can protect himself with Fort Christina, if Christina he ought to turn his attention especially to agriculture, sowing muTattend en°ugh grain for their support. He may then attend to the toagricui- culture of tobacco, and allot to it a certain number of ture, &c. , . labourers, to increase the quantity, and that all vessels may bring back a great portion of it. Sheep and cattle are next to claim his attention, especially to improving the breeds of sheep, by procuring from the English or others, and increas ing the number. In order to support, in good condition, the trade in peltries 1 A part of Camden was formerly an island and so called. See Mickle, p. 85, INSTRUCTIONS TO GOVERNOR PRINTZ. with the Indians, he must have an inspection, establish com missaries to prevent others from trading with them, that it may be exclusively for the company. It is supposed, from the climate being the same as Portu- Manufacture gal, that manufactures of salt may be established; if the heat of salt of the sun is not sufficient, use fire. It should have the gover nor's attention, as also should the culture of the vine, as grapes are everywhere found wild. Recommends examination for metals and minerals ; if any Mines and are found, send home a particular account, and wait for minerals- orders. Must reflect on what can be done with the superfluous superfluous wood, especially oak and nut trees ; from the latter try if oil &„m nuts' cannot be procured by pressure ; wood may answer as ballast. Fisheries are next noticed. Inquire where they can be Fisheries. established to advantage, especially for whales, which are at times numerous in Godyn's Bay. Silk and silk worms may be produced to advantage. The suk worms good culture of the country generally is specially recom- amlsUk- mended. " But above all, whatever regards the police, government Police, go- and justice, must be done in the name of her majesty. De- anT^stice tailed and perfect instruction cannot be given, therefore it is May use his left to the discretion of the governor, according to circum- m" stances. For the present he may use his own seal, but with great form, in all the contracts and correspondence." All controversies to be decided by the laws, customs, and i.aws,cus- usages of Sweden, and in other things he will " adopt and ^^f follow the laudable manners, customs, and usages of Sweden." Sweden to He has power to bring to obedience and order the mutinous preT and refractory, who will not live in peace ; he may punish Crimes and punishments. great offenders by imprisonment, and even with death, accord ing to the crime, after legal forms and sufiicient examination by the most noted persons, such as the most prudent assessors of justice that he can find and consult in the country. "Before all, the governor must labour and watch that he worship of renders in all things to Almighty God the true worship which ^°r*^° ^ac" is his due, the glory, the praise, and the homage that belongs Augsburg to him, and take good measures that the divine service is Confess'on- • performed according to the true Confession of Augsburg, the council of Upsal,, and the ceremonies of the Swedish church, having care that all men, and especially the youth, be well JOHN PRINTZ, GOVERNOR. instructed in all the parts of Christianity, and that a good ecclesiastical discipline be observed and maintained. With Dutch to en- respect to the Dutch colony which resides and is established joy their in ^ country 0f her majesty and of the crown, the governor ship1.™1 must not disturb what has been obtained in the aforesaid grant of her majesty, with regard to the exercise of the reformed religion." As to what cannot be here written, the governor must corn- Things not port as a faithful patriot, and observe with the greatest care, mentioned ^est intelligence, and great zeal, all that concerns his charge, regulating himself also by what has been verbally com municated. The governor is appointed for three years, after which he Governor ap- may return, leaving a successor or viceroy in his place, or he C££ may be reappointed.1 A special order was passed, allowing Governor Printz « an Gov.Printz'B annual support and compensation, as long as he shall remain salary. jn service jn ^he country, 1200 silver dollars to be drawn regularly from the existing revenue, or which shall be regu lated hereafter, to commence January 1, 1643. 2 August m Governor Printz sailed from Stockholm, with the ships Departure Fame and Stork, and after a passage of one hundred and '"'aTtiT ^tT days, arrived in the Delaware in February of next lawarc. year. The government furnished Governor Printz soldiers and August 30. officers to assist him in the discharge of his duties, and Expenses of passed an order on the counsellors of the kingdom, requiring government them t0 provide for the regular payment of the expenses of den. how the government of New Sweden, amounting to 3020 rix dollars provided for. per annum) viZi governor, 1200 silver, or 800 rix, half silver and half excise ; lieutenant-governor, 16 rix dollars per month ; one sergeant major, 10 ; one corporal, 6 ; one gunner, 8 ; one trumpeter, 6 ; one drummer, 5 ; twenty-four soldiers at 4 ; one paymaster, 10 ; one secretary, 8 ; one barber, (pro bably surgeon,) 10 ; one provost, 6, and one , 4 ; making 185 rix dollars per month, or 3020 rix dollars per annum, viz. 400 rix or 600 silver, and in excise on tobacco coming from New Sweden, 2620 rix dollars. An ordinance was, about the same time passed, decreeing and assigning for the state and support of the government of New Sweden, of the 1 MSS. A. P. S., Reg. of Penns. p. 2 19, in detail. 2 Ibid. p. 200. WILLIAM KIEFT, DIRECTOR-GENERAL. 69 garrison under its orders, and others in its employ, 2,000,619 1642. rix dollars, to be collected each year from the excises upon ' ¦ ' tobacco.1 1643. Governor Printz, as we have seen, left Stockholm, "in the rebruaryis. Lord's name," August 16th of last year, and arrived herein voyage of February of this year. Rev. John Campanius, who accom- GoT' Prm he says> n0 Swedes, were Delaware, known on the river, now revisits the South River, on his way from Fort to Jamestown, and finds them there in possession of three Eisinburg. forts. The first was Elsinburg, on which they had eight I H3™^1™8' P' 107' 109' C1^ P' 149' Ferris, p. 57. Campanius, p. 73. Holl. Doc. vol. viii. p. 32 to 50. a Campanius, p. 73. WILLIAM KIEFT, DIRECTOR-GENERAL. 73 metal guns of 12 lb. ; they fired at his boat, and ordered him 1643. to strike his flag. It was commanded by Captain Printz, ' • ' who, he says, "weighed upwards of 400 pounds, and drank three drinks at every meal." He speaks of the Swedes as Description " not very sober, as they bought from the captain of the ves- prmtf. sel a good quantity of wine and sweetmeats, and that neither here nor in Virginia was intoxication punished with whip ping." This description has been usually applied to Crovernor Printz ; some doubt may suggest itself whether a relative of the same name may not be intended, as it is probable the governor would be at head-quarters, at Tinnicum, and not commanding this out fort. The two other forts were Chris tina and New Gottenberg. At Fort Nassau there were yet some of the people of the West India Company.1 At a meeting of the commissioners of the United Colonies, gept. 26. complaints were laid before them, by Mr. Eaton and Mr. complaints Gregson, " concerning the foul iniuries offered by the Swedish tothe ' . t>. ' ti/t xi ti UnitedColo- governor, m- Delaware River, to Mr. Lamberton, and those niesagainst people whom New Haven had planted there," and also of the g^es^for iniuries done to them by the Dutch governor's agent there, treatment of ¦*, , . , , . , ,. f . . . . , , Mr. Lamber- such " as burning down their trading-house, joining with the ton. Swedes against them, &c." The president, Governor Win throp, was requested to write to both governors, " expressing particulars, and ^requiring satisfaction," and "professing, that as we will not wrong others, so we may not desert our confederates in any just cause."2 A commission was also given " to Mr. Lamberton, to go treat with the Swedish government about satisfaction for those injuries and damages, statement of and to agree with him about settling their trade and planta- ^fviour tion. This Swedish governor demeaned himself as if he had and <**"»¦ o ' ter of tlie neither Christian nor moral conscience, getting Mr. Lamber- Swedish go- ton into his power by feigned and false pretences, and keep ing him prisoner, and some of his men, labouring by promises and threats, to draw them to accuse him to have conspired with the Indians to cut off the Swedes and the Dutch ; and not prevailing these ways, then by attempting to make them drunk, that so he might draw something from them, and in the end, (though he could gain no testimony,) yet he forced him to pay a weight of beaver before he would set him at liberty. He is also a man very furious and passionate, cursing 1 De Vries, p. 273. Hudde's Report, p. 428. 2 Hazard's Hist. Coll. vol. ii. p. 11. 10 Q vernor. JOHN PRINTZ, GOVERNOR. and swearing, and also reviling the English of New Haven as runagates, &c. ; and himself, with his own hands, put irons on one of Mr. Lamberton's men, and went also to the houses of the few families planted there, and forced some of them to swear allegiance to the crown of Sweden, though he had no colour of title to that place ; and such as would not, he drove away. All these things were clearly proved by Mr. Lamberton's relation, and by other testimony, on oath, but this was before he was sent with the commission."1 The following deposition, which we have copied from the records in the secretary's office at New Haven, is probably a part of the testimony above referred to. " At a court held at New Haven, 2d of August, 1643. John Thickpenny, about the age of 25 years, mariner in the Cock with Gfeorge Lamberton, in his last voyage to Delaware Bay, being duly sworn and examined, deposeth, " That he was present in the pinnace called the Cock, Deposition of whereof George Lamberton was master, riding at anchor penny™* about three miles above the Swedes' fort in Delaware River, specting when a letter was brought from the Swedes' governor, by treatment of -,/-.-,„ i i , • Lamberton Tim, the barber, and Godfrey, the merchant s man coming and"StenTpt Wlth him, they told him, this deponent, in Dutch, a language to induce which he understood, that the contents of the letter was, that them to swear the Indians being at the fort the day before, had stolen a gold chain from the governor's wife, and that the governor did entreat Mr. Lamberton to use means to get it again of the Indians, who were then come to trade with the said Mr. Lamberton, desiring that they might stay aboard till the next morning, that he might discover the Indian to him, affirming that he could know the Indian that had stolen it, by a mark which he had in his face ; but though many Indians came aboard while he was there, yet he went away and never made more words of it. This deponent further saith, that he was aboard when a second letter was brought aboard the Cock to Mr. Lamberton, from the Swedes' governor, the contents whereof he knows not ; but a while after, the same day, he, with Isaac, going to carry Mr. Lamberton ashore to < the Swedes' fort, into which being entered, before they spoke with the governor, the said Mr. Lamberton, this deponent, and the said Isaac, were all cast into prison together, (but a i Winthrop's Journal, Savage's edit. vol. ii. p. 141. Hazard's Hist. Coll. vol. ii. p. 164. Hubbard. WILLIAM KIEFT, DIRECTOR-GENERAL. 75 while the said Mr. Lamberton was taken forth of that room, 1643. but, as he understood, was kept in another prison,) where he, ' r~~' this deponent, continued three days, in which time John Woollen, servant to Mr. Lamberton, (and his interpreter be- Deposition of tween him and the Indians,) was committed to the same conttnued!7' prison in irons, which he himself said the governor had put upon him with his own hands. And further this deponent saith, that the said John Woollen told him, that at hia, the said John Woollen's first coming into the Swedes' fort, he was brought into a room, in which the governor's wife, Tim othy, the barber, and the watch-master came to him, and brought wine and strong beer, and gave him, with a purpose, as he conceived, to have made him drunk ; and after he had largely drunk there, the governor sent for him into his own chamber, and gave him more strong beer and wine, and drunk freely with him, entertaining of him with much respect seemingly, and with profession of a great deal of love to him, making many large promises to do very much good for him if he would but say that George Lamberton had hired the Indians to cut off the Swedes ; but the said John Woollen denied it : then the governor drunk to him again, and said he would make him a man, give him a plantation, and build him a house, and he should not want for gold nor silver, if he would but say as is said before ; he would do more for him than the English could, for he loved him as his own child, but the said John answered that there was no such thing, and if he would give him his house full of gold he would not say so ; and then the governor seemed to be exceeding angry, and threatened him very much, and after that drunk to him again, and pressed him to confess as before, which the said John Woollen refusing, the governor was much enraged, and stamped with his feet, (which this deponent himself heard, being in the room under him,) and calling for irons, he put them upon* the said John Woollen, with his own hands, and sent him down to prison, as before is expressed. And this deponent Saith, that the aforesaid Swedes' watch-master came into the prison, and brought strong beer, and drunk with them about two hours, in the night, and pressed the said John Woollen to say that the said George Lamberton had hired the Indians to cut off the Swedes, and he should be loosed from his irons presently, but John Woollen said he would not say it, if he should be hanged, drawn, and quartered, because he would ifg JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1643. not take away the life of a man that was innocent ; then he ^— ' pressed him further that he would speak any thing to that purpose, be it never so little, and he should be free presently, Deposition ot but John Woollen said he could not say it, nor he would not Thickpennv, . ^ d ^ f^^gj. saitli, that the said watch-master continued. B J ' pressed him, this deponent, to the same purpose, and he should have his liberty, which he also refused, knowing no such thing. This deponent saith, that at another time, while he was in prison, Gregory, the merchants' man, came to him and told him they were sent by the governor to charge him with treason which he had spoken against the queen and lords of Sweden, namely, that he had wished them burned and hanged, which he, this deponent, utterly denied, and then the said Gregory fetched a flagon of strong beer, and drunk it with him, and after that fetched the said flagon full of sack; and drunk that with him also, and bid him call for wine and strong beer what he listed, and questioned with him about George Lamberton's hiring the Indians as aforesaid; his answer was, he knew no such thing. Then the watch- master affirmed that it was so, and that George Lamberton had given cloth, wampum, hatchets and knives for that pur pose, pressing him to say so, and he should be free, and he would take up and clear him of the treason that was charged upon him ; and if he feared to say so because of Mr. Lam berton, he should not need to fear him, for he should pay him his wages before the vessel went, and he should choose whether he would go back or stay with them ; but he answered, let them do what they pleased with him, for he could not say any such thing; and further he saith not."1 By the expression, "last voyage," it is to be inferred that a previous voyage had been made by Lamberton, probably in 1641 or 1642. A letter of introduction is furnished by the Swedish govern- November 2. ment to Governor Printz, in favour of John Papegoya, " who Letter of in- some time since came from New Sweden, and is disposed to troduction , ,. « J r from Chris- return there m one of our vessels, having humbly offered to Mn£,infa- render y°U} on our Part' and uPon the spot, good and faithful vour ot John services," "recommending you graciously to employ him in rapegoya. those affairg tQ ^.^ you m^ ^.^ ^ .adapted," and give him, as much as will be possible and reasonable, your protec- i New Haven Colonial Records, vol. i. pp. 97—99. Trumbull's MSS. refers to Records of N. H., p. 68, 69. WILLIAM KIEFT, DIRECTOR-GENERAL. 77 tion, in order to his advancement." This, it will hereafter 1643. be seen, was done, as he became the governor's son-in-law, ' ' ' and successor in office for a short time.1 "On account of his long and faithful services," past and November e. present, and his engagement to continue them " as long as Grant of he shall live," Queen Christina grants to Governor Printz, J^prtaL and "his lawful heirs," as a perpetual possession, "the place called Teneko or New Gottenberg," of which all are required to take notice, " especially those who may be appointed to replace him in said situation, not to give him or his lawful heirs any obstacle or prejudice, in any manner, whether now or hereafter."2 It appears by the certificate of Redder Evarston, skipper Nov. 13. of the yacht Real, that as he was on his passage from Man- Loss of arti- hattan, with various articles received there from Oloff Ste- N^SaU. °r vensen, commissary superintendent of wares and merchan dise, to be transported "to Jan Jansen, custom-house officer" at Fort Nassau, he was, "in a violent storm, obliged to throw into the sea a vat of wares and merchandise, and many other articles."3 In pursuance of his plan to fortify all important points Measures upon the river, and to secure to the Swedes, as much as pos- P^^z ^ 6e_ sible, the entire Indian trade, Printz, about this time, began cure the to fortify the avenues by the Schuylkill, to that portion of it t[e Mmquaa which was connected with the Minquas. The Dutch had, by Indians, means of their Fort Beversrede, erected here in 1633, con- sChuyikiii. ducted a very profitable trade with these Indians at Kinses- BuUds ***" J L and a mill. sing, who invariably resorted there at proper seasons for the purpose. A portion had already been cut off by the maga zine ahd trading-house erected by the Swedes in 1638, on Christina Creek, which commanded that avenue to the Min quas country, and the only remaining one was now about to be removed, and by means of some of their own hands ; for it appears that Printz " employed the Dutch company's car penter in constructing there a fort on a very convenient spot, on an island near the borders of the kill," secured from the west by another creek, and from the south-south-east and east sides, with underwood and valley lands ; it lies about the dis tance of a gunshot in the kill. On the south side, on this island, beautiful corn is raised." " This fort cannot control i MSS. A. P. S. Reg. of Penns. vol. iv. p. 315. 2 Ibid. p. 316. 3 Albany Records, vol. ii. s2 78 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1643. the river, but has the command over the whole creek, while 1 — 'r~J this creek is the only remaining avenue for the trade with the Minquas, and without it this river is of little value." "About half a mile further in the woods, Printz constructed a mill, on a kill which runs in the sea, not far to the south of Mat- tinekonk, and on this kill a strong building just by, in the path which leads to the Minquas, and this place is called, by the savages, Kakarikonk, so that no access to the Minquas is left open ; and he too controls nearly all the trade of the savages on the river, as the greatest part of them go a hunt ing in that neighbourhood, which they are not able to do without passing his residence."1 It is not very easy, at this date, to ascertain these various Attempt to points, owing to the great changes effected by the river and cation at this improvements ; but a late writer, who has taken much pains «ay- in the investigation, concludes that the island on which the fort was built was formed by a cluster of rocks with the earth connected with them, in the neighbourhood of Bartram's garden, and that the kill on which the mill stood, is "no doubt," Cobb's Creek, a tributary of Darby Creek, which empties south of Tinnicum.2 A Dutch document, before referred to, gives the following view of these proceedings. " The Swedes built a small fort on the indisputable lands Dutch view and streams of the company, on the point of the before-men- oiamgs.1'10" tloned Schuylkill, called Lapwing's Point by them, and more and above built a trading-house right before the gate of the company's Fort Beversrede, not being a rod from the gate, thereby depriving us altogether from the view of the common roads, so as to deprive the company of the beaver trade, and to effect this, they are using every effort."3 1644. At a court held at Boston, letters were received from New March 7. Haven, together with an answer from the Swedish governor, Answer re- in reply to the letter written by the commissioners in Sep- ctmmisston-0 tember last. « The Swedes denied what they had been ers from the charged with, and sent copies of divers examinations upon Swedish go- ,i , -. . . . r vemment, to oatn) taken in the cause, with a copy of all the proceedings tMrietter between them and our friends at New Haven, from the first, 1 Hudde's Report, p. 429. Campanius. Aerelius. 2 See the details in Ferris, pp. 71 to 73. 3 Holl. Doc. vol. viii. p. 32 to 50. WILLIAM KIEFT, DIRECTOR-GENERAL. 79 and in their letters used large expressions of their respect to 1644. the English, and particularly to our colony ; and Mr.. Eaton ' — r~J desired a copy of our patent, to show the Swedish governor, (at his request,) and a new commission from the commissioners Promise of of the Union, allowing them to go on with their plantations tradTand and trade in Delaware River and Bay, (for the governor had sott!e oa tue Delaware. told their agents that upon such a commission they should have liberty, &c.) The commissioners advised with the court about it, who granted both, but the commission with a salvo jure."1 Unfortunately, none of the letters, &c, here referred to, are now to be found ; they would probably have much enlightened our path. "Divers of the merchants of Boston, being desirous to Expedition discover the great lake, supposing it to lie in the north-west *ro™ J*0"*™ part of our patent, and finding that the great beaver trade m search of which came to all the eastern and southern parts, came from LyconniL thence, petitioned the court (of Massachusetts) to be a com pany for that design, and to have the trade which they should discover to themselves for twenty-one years. The court was very unwilling to grant any monopoly, but perceiving that without it they would not proceed, granted their desire ; whereupon, having also a commission granted them under the public seal, and letters from the governor to the Dutch and Swedish governors, they sent out a pinnace well manned, and furnished with provisions and trading stuff, which was to sail up the River Delaware so high as they could go, and then some of the company, under the conduct of Mr. William Aspinwall, a good artist, and one who had been in these parts, to pass by small skiffs or canoes, up the river so far as they could." " The Dutch promised to let them pass, but for maintaining their own interest, he, (the governor,) must protest against them. When they came to the Swedes, the fort shot at them ere they came up, whereupon they cast anchor, and the next morning, being the Lord's day, the lieutenant came on board, and forced them to fall lower down ; when Mr. Aspinwall came to the governor, and com plained of the lieutenant's ill dealing, both in shooting at them before he had hailed them, and in forcing them to weigh anchor on the Lord's day. The governor acknowledged he did ill in both, and promised all favour ; but the Dutch agent > Winthrop, vol. ii. p. 157. JOHN PRINTZ, GOVERNOR OF THE SWEDES. came down to the fort, and showed express order not to let him pass, whereupon they returned. But before they came out of the river, the Swedish lieutenant made them pay 40 shillings for that shot which he had unduly made." « The July 20. pinnace returned to Boston, with the loss of the voyage. The Dutch had protested, but suffered them to pass, as also did the Swedish governor, but neither would allow them to trade, and each appointed a pinnace to accompany theirs ; but the master of the Boston vessel proved such a drunken sot, and so complied with the Dutch and Swedes, they feared that when they should have left the vessel to have gone up to the lake in a small boat, he would, in his drunkenness, have betrayed their goods, &c, to the Dutch; whereupon they gave over and returned home, and bringing their action against the master, both for his drunkenness and denial to proceed as they required, and as by the charter-party he was bound, they recovered £200 of him, which wTas too much, though he did deal badly with them, for it was" very probable they could not have proceeded."1 The following minute of the United Colonies has probably relation to the same matter ; it was presented by this court, in 1653, as one of the numerous grievances complained of against the Dutch. " Richard Callicott, sometimes agent for the company of adventurers for the Lake Lyconnia, allowed for the general court for the Massachusetts, complaineth, that about the year 1644, he did present to the said Dutch governor, letters from the court of the Massachusetts, wherein liberty for the English vessel to pass up Delaware Bay and River, by the Dutch fort, for discovery, and in further prosecution of the said company's occasions, was desired, and by a verbal pro mise, freely and fully granted by the Dutch governor. " Notwithstanding which, in an underhand and injurious way, he presently sent a vessel, well manned, to the Dutch fort at Delaware, with command to John Johnson, his agent there, rather to sink the said vessel than to suffer her to pass; by means whereof Richard Callicott and his company are forced to return, and thereby their whole stock, which at least was £700, was wasted, and their design overthrown, besides the hope of future trade and benefit."2 1 Winthrop, vol. ii. pp. 161, 179, 187. Hubbard. 2 Hazard's Hist. Coll. vol. ii. p. 214. WILLIAM KIEFT, DIRECTOR-GENERAL. 81 The great object of this expedition appears to have been 1644. the discovery of the country, whence came the large supply ' — ¦ — ' of beavers. This was supposed to be in the neighbourhood of a great lake, situated " in the north-west part of the New England patent," and to be reached by the Delaware. Ac cording to an old map of New Belgium, by Matthew Seutter, without date, (but later than Philadelphia, which is laid down upon it,) the Delaware is made to take its rise in a lake not very far south of Maquaas kill, the present Mohawk. The lake, or the nation around it, is called Mackwaas. This lake is probably the one sought for by the name Lyconnia, and was the residence of the Maquaas, or Mohawk Indians, who, it is well known, furnished large quantities of beaver, and of course the trade would be closely watched by the Dutch. The lake is now called Utsaemtha, and is the head of a branch of the Delaware.1 Two valuable cargoes were this year transported by the October 6. Swedes, in the ships Fame and Key of Calmar, destined to vessels Sweden, but, owing to various causes, were compelled to put HoiianT and into the province of Friesland, where duties and recognitions required to were claimed by the Dutch West India Company, under their charter, as sovereigns of the country, from which the vessels came. A long correspondence ensued between the Swedish ambassador at the Hague, and the States-General, in which the claims of both parties to the country around South River, the privileges under treaties, &c, were noticed, and the claim of duties and recognitions protested against. The cargoes were finally liberated, on payment of the regular import duties, without the 8 per cent, recognitions, although the question of right of sovereignty over the river was left un settled, to the future regret of the Dutch. Some idea of the value of the Swedish trade on the river, at this time, may be formed from the fact that these vessels had on board 2127 packages of beaver, and 70,421 pounds of tobacco.2 An event, important to the world, and especially to Penn- October u. sylvania, occurred this day, in the birth of William Penn, its Birth of future proprietary and founder ; (it took place in London ;) Wm' p"nn' the son and heir of Sir William or Admiral Penn, distin- 1 Gordon's Gazetter. 2 O'Call. vol. i. p. 371, who refers to Holl. Doc. vol. ii. p. 340 to 345, 350 to 361 ; vol. iv. 1, 2, 13 — 15, 18. Albany Records, vol. xvii. p. 321. Aerelius. JOHN PRINTZ, GOVERNOR OF THE SWEDES. guished for his long and brilliant public career in the naval service of Great Britain.1 Christina This year, also, Christina assumes the government of govTnment. Sweden. It appears that another trading expedition for the Dela- a second ware, was, in the winter of this year, fitted out from Boston, expedition ^[^ eventuated still more disastrously than the former one. from Boston * to Delaware. It Was a barque or pinnace sent by the merchants of Boston. theCTeVby " She traded upon Maryland side, and had gotten a good Two^ent to' Parcel of heaver ; at last the Indians came aboard, and while Boston. the English, (who were about five and a boy,) were trading quittaT **" with some of them, others drew out hatchets from under their coats, and killed the master and three others, and took the other and the boy, and carried them on shore, and rifled the pinnace of all her goods and sails, &c. Soon after, other Indians came upon these, and slew the sachem, and took away all the goods they had stolen. There was one Redman suspected to have betrayed their pinnace, for he being linkister, (because he could speak their language,) and being put out of that employment for his evil carriage, did bear ill will to the master ; and the Indians spared him and gave him a good part of the spoil, and he lived among them five or six weeks, till the Swedish governor procured other Indians to go fetch him and the boy to his fort, from whence they were brought next year to Boston, and then said Redman was tried for his life, and being found guilty by the grand jury, was deferred his farther trial, in expectation of more evidence to come from Delaware." It appears, from the court records, he was ultimately acquitted, and a petition for charity to the widow and orphans of Luter, or Luther, the master, was offered in the general court.2 Attorney-General Huygens notifies Govert Lookermans a person that he " must not presume to trade in the company's trading fronTtr^ing P^ace where Commissary Jan Jansen Van Upendam is accus- on south tomed to trade, and which place is situated on South River of New Netherland, with the Indians, and if you did so, I now enter my protest against you, with regard to any eventual damages of the company."3 It would appear from a receipt given to Jan Jansen, the commissary at Nassau, that he possessed considerable silver 1 Bi°g- Dict- 2 Winthrop, vol. ii. p. 237 and note. 3 Albany Records, vol. iii. p. 197. River. WILLIAM KIEFT, DIRECTOR-GENERAL. plate, viz. "a silver bumper, two silver basins, a gourd mounted with silver, a gold hatband, and one silver spoon, amounting to $116, which, if Jansen dies on his journey, (?) is to be sent to his father."1 1645. Charges of fraud, &c, are made by the attorney-general Sept. i against Jan Jansen Van Ilpehdam, " for neglect of duty in charges of his office at Fort Nassau;" a copy of these charges is to be fme&™~ given him.2 against Van Upendam. The nature of these charges will appear from the follow- October 12. ing : " Jan Jansen Van Upendam declares in court, that he . took with him to South River, some cloth, without being able to give correctly its amount, and promises to declare to-morrow whether he delivered to Hendrick Huygen, or did sell it to any other person." " He said that he received two parcels of Harlaem silk from the wife of Bogardus, which were brought here by Jochem Kiersted, which boxes were, in his presence, in the yacht Prince William, sold by Egbert Van Borsum for two beavers ; and further that he had no concern whatever in trade with Jan Juriensen, during his residence here." " The attorney-general, plaintiff, contra J. J. Van Ilpen- a. Hudde to dam. Seen the conclusion of the Attorney-General against jorieNaBtau, J. J. Van Upendam, on fraud committed by him in his office, to examine and examination of his accounts for several years, with the pendam's af- affidavits of witnesses, and the defence of J. J. Van Upendam aforesaid. After maturely considering the case, it is decreed, sary that by provision, Andreas Hudde shall be sent to Fort Nas sau, to make there further inquiries, by the company's ser vants and others, into the concerns and trade of the defendant ; and further to make a correct inventory of all his effects, and of those of the company, and send hither what is not wanted there, and further to act there in behalf of the company, as commissary for the present, which the attorney-general shall perform here in the same manner, while further the defendant shall prepare his answer on the points which were this day proposed to him."3 On Hudde's arrival there, "he found the magazines in such bad condition, that Upendam mentions but two bales of Har- 1 Albany Records, vol. iii. p. 399. 2 Ibid. vol. ii. p. 319. 3 Ibid. p. 323. fairs, and act as commis- December. berg de stroyed by fire. A. Corssen drowned. February 8. Van npen- dam to be sent for trial to Holland. JOHN PRINTZ, GOVERNOR OF THE SWEDES. laem cloth, and two beaver skins, as the whole stock under his charge the whole time."1 This year Fort New Gottenberg was accidentally destroyed by fire, with all the buildings in it, and all the^ powder and Fort Gotten- goods blown up. It happened in the night, by the negligence of a servant, who fell asleep, leaving a candle burning.2 Arent Corssen, who made the purchase on Schuylkill, and was now sent by Kieft to carry specimens of minerals to Holland, was drowned on the way thither.3 1646. Further proceedings are had against Van Upendam, as we find in the records. It is now decided to send him to Holland for trial. " Seen the prosecution of the attorney-general, Cornelius Van Huyghens, plaintiff, contra J. J. Van Upendam, com missary in Fort Nassau, defendant, with the conclusion of the plaintiffs, and the affidavits given under Qath, from which it appears that the defendant defrauded the company, as well by paying the savages a higher price than is usual, as through transgressions ; this is evident from the complaints against him, and attested by the affidavits and his own accounts. ( Wherefore we cannot approve his accounts, and take upon us the burden of his faults. After mature consideration, it is therefore ordered, that the defendant shall be sent, with all his documents, and the process of the attorney-general, with the first sailing ship, to Amsterdam, to defend and ex culpate himself before the directors."4 A shallop, with a considerable cargo, which was despatched from Manhattan, the property of individuals, and consigned to A. Hudde, arrived, and was ordered by him " to go to the Schuylkill, near the right, and wait there for the Minquas." On the arrival of the vessel at this point, " Juriaen Blancke, the trader of the sloop, was commanded," by the Swedes, " to leave that spot at once, as belonging to the crown." Hudde, hearing of this, "directly went thither with four men, to examine how matters stood; he received the same orders to depart," and requested " that they would inform their governor that this place had always been a trading i Aerelius, p. 413. 2 Hubbard, in Mass. Hist. Coll. vol. vi. N. S., p. 434. Winthrop, vol. ii. p. 254. 3 O'Call. vol. i. p. 359. t Albany Records, vol. ii. p. 337. Juno 23. CaptainBlanckc ar rives in a sloop at Schuylkill,to Hudde. Swedes order him off. Interviews between the parties. WILLIAM KIEFT, DIRECTOR-GENERAL. place, and that thus he would act with discretion, and avoid giving cause for discord." Next day, "the minister of the gospel, (probably Campanius,) was despatched by the gover nor to me, who declared that he had orders, that if the bark was in the Schuylkill, he should compel her to leave it." Hudde replied, " that he must first see the signature and seal of the governor, by which he intended to forbid the company (West India) to trade with their goods in any part of the river," and "requested that this might be done with discre tion, and that the alliance between their High Mightinesses and Her Royal Majesty, might be taken into consideration," pro testing, at the same time, " against any losses and hindrances that might be the natural consequence." Upon this, Gover- printz sends nor Printz sent to Hudde, " the commissary, Henry Huy sens, twooffloers>and proposes with two officers, Carel Jansen, a Finn by birth, his book- various keeper, and Gregory Van Dyck, his sergeant, a native of the 1^°™' Hague, and demanded my answer upon certam articles, of piles. which I demanded a copy," and "would answer in writing." The officer replied, " He had no orders to do so, and dared not do it." Hudde then gave "a verbal answer, to avoid giving any offence, in presence, on my part, of Sander Boyer, ser geant, Philip Gerneert, and Juriaen Blancke, all freemen." The articles were — " On the Schuylkill, in what manner the Questions to, property of it is ascertained and understood?" "That the ^"^ acts relative to the division of the limits are at Manhattan, Printz. where he may obtain correct information." " If he (Gover nor Printz) ever offended me, or any of mine, with words or deeds." "He left me and mine alone, but offended the company, then their High Mightinesses, in so far as to say to me in his name, that he would drive me from the kill by force." "That the governor had sent for the Minquas, at the expense of the crown, and when they arrived, I lured them from the Schuylkill." " That the sachem was, last spring, with me; I defrayed his expenses, contracted with him, that as soon as I received some goods I would send him a messenger, or come down, if I received any information."1 " That I compelled Blancke to sail up and fasten his bark to the bridge." "I commanded him to sail up, but I know of no compulsion." " That I took up arms without any just cause, and that I answered, upon his interdict, that I would remain there, and see, who would be so daring as to drive me away." " I made no use of arms, much less showed any hostile in- H Julyl. GovernorPrintz'swarning to CaptainBlancke, to depart on pain of con fiscation. Blancke obeys, and departs with out orders from Hudde. July 12. ProceedingoftheSwedes.Trade with Minquas. JOHN PRINTZ, GOVERNOR OF THE SWEDES. tention, or committed any act of hostility, but rather endea voured to prevent it, without betraying the interests of their High Mightinesses."1 Here the matter rested for a few days, when the following warning, from Governor Printz, was sent to Blancke, the captain of the sloop. " My good friend Blancke — I have received again com plaints of several of her majesty's inhabitants, how that thou art compelled, with thy bark, contrary to the letter of thy commission, to remain there, under the pretext that thou art obliged to do so by Andreas Hudde, who takes care of the interests, and disposes of the lands of their High Mighti nesses, as commissioned by them. So is it, that I friendly admonish you, as soon as you shall have been informed of these contents, that you directly leave that spot; as your commission implies, with your trading vessel in the Schuyl kill; seek the spot where usually the sloops are accustomed to trade, which shall not be prohibited ; neither do I desire that my subjects shall be admitted there from respect and friend ship for the commander and his commissions, as long as you are remaining and trading in the Schuylkill, or that they would obstruct your interests. But if you should act against these, my orders, and despise my warning, which you are in duty bound to obey, so shall your bark, with its whole cargo, in conformity with the orders of her royal majesty, as it is , strongly expressed in her majesty's orders, be confiscated; of which you may be fully persuaded, in case that you act against my orders. Done at Tinnekonk, 20th June, 1646. " Signed, John Printz." This had the effect to induce the departure of Blancke with his bark, though without Hudde's orders, " but through fear that his bark and goods might be confiscated, as he was a private person, to whom it would be a very difficult task to recover it," especially as it was not in Hudde's "power to give him any security, and he was entirely ignorant of the cause of contest between the company and the Swedes."2 Hudde communicated to the director-general, Kieft, as soon as possible, an account of the difficulties respecting the sloop, and at the same time informed him " how the trade with the Minquas might be continued, as it was the plan of Printz and 1 Hudde's Report, from Albany Records, in vol. i. N. S. of N. Y. Hist Coll. pp. 429-431. 2 Ibid- pp_ 431) 432_ WILLIAM KIEFT, DIRECTOR-GENERAL. 87 his associates to deprive the company and its colonists of this 1646. benefit by all means." ¦— v— - About this period, Hudde received a letter from the director- general, " to inquire about certain minerals in this country." Hudde going For this purpose he went to Sankikans, and "tried to pene- *°in'iuu;e ¦*¦ x ? s about mme- trate to the great falls," where, if the samples might be raises credited, there was a great hope of success. " When I would B^^y pass the first fall, a sachem, named Wirakehen, stopped me, who hear and asked where I would go ? I answered, I intended to go f^^ gthT upward. He replied, I was not permitted, and asked what is my Dutch- object. He at last informed me that the Swedish governor told one Meerkedt, a sachem residing near Tinnekonk, that we intended to build a house near the great falls, and that in the vessels which we expected, 250 men would arrive, to be sent from the Manhattans, who would kill all the savages below on the river, and , that this fort was to be garrisoned in the house which we intended to build, and would prevent the savages residing up the river to come to their assistance, so that no more would be able "to escape, and in proof of all this, that we would first come up in a small vessel, to visit and explore the spot, and that we would kill two savages, as a pretext, but that Printz would never permit it, and would certainly expel us from the river." All attempts to go up to the falls being ineffectual, as he was stopped every time, the project was necessarily abandoned by Hudde.1 In accordance with the Dutch claim to possessions on the August io. river, the following grant was made by the director-general, Dutch grant Kieft, to "Abraham Planck, Simon Root, Jan Andriessen, ofl00mor; 7 ' ' ' gen of land and Peter Harmensen," whom he permits " to take possession opposite of, the lands lying in said river, almost over against the little J^T^ island T'Vogelssant, (or Bird-land,2) one hundred morgen,3 Pianck, to settle there four farms or plantations, and to manure (cul tivate) within one year from the date hereof, and sooner, if possible, on pain of losing this right," on condition that those who obtain this right shall acknowledge as their patrons and sovereign, the Lords' States-General, &c, "subjecting them selves to all such rates and duties as now are, or may be established, and constituting the above-named Planck, &c, i Hudde's Report, pp. 432, 433. 2 It is not certain whether this is Egg Island or Reedy Island. A Delaware writer says the latter, in Del. Reg. vol. i. p. 8. 3 A morgen is about two English acres. August 12, 0. S. Letter of Gov. Eaton to Governor Kieft, avow ing their righteousproceedings. JOHN PRINTZ, GOVERNOR OF THE SWEDES. in our state, real and actual possession of the aforesaid land, lying on the west side of the South River, to take up and manure, and use the same as they might do with other their patrimonial lands and effects, without that we, the grantors, in our aforesaid quality, have in the least any part, action, or authority, on the aforesaid one hundred morgen, nor reserve or retain on the same, but disclaiming thereof from henceforth and for ever ; promising further to maintain, ob serve, and fulfil this transport, firm, sure, irrefrangible, and irrevocable, all on penalty as directed by law." " Signed" and " confirmed with our seal in red wax hereunto append ing, at Fort Amsterdam." " It was promised to the said per sons, that if, in time to come, they should have occasion for more land, the same shall be granted to them, provided they build houses on the land for themselves to dwell in, and if they go off and leave the land, to be precluded of this their action.'' It was signed by William Kieft, and countersigned by the secretary, Van Tienhoven.1 Aerelius says, "these men never came there."2 In a letter of this date, addressed by President Eaton to Governor Kieft, among other matters, reference is again made to the injuries and outrages sustained by the English of New Haven, in their persons and estates', on Delaware, complaining that his answers to their letters and protests have been of the most unsatisfactory character. They say, " that we conceive we have neither done nor returned any thing, even unto this day, but what doth agree with the law of God, the law of nations, and with that ancient confederation and amity between our superiors at home, so that we shall readily refer all questions and difference between you and us, even from first to last, to any due examination and judgment, either here or in Europe, and by these presents do refer them, being well assured that his majesty, our sovereign lord, Charles, king of Great Britain, and the parliament of Eng land, now assembled, will maintain their own rights, and our just liberties, against any who, by unjust encroachment, shall wrong them or theirs, and that your own principals, upon a due and mature consideration, will also see and approve the righteousness of our proceedings.3 1 Albany Records, Patents, N. Y. fol. 153. Dover Records. » Hazard's Hist. Coll. vol. ii. p. 56. Reg. Penns. vol. iv. p. 2 Aerelius, p. 417. 119. WILLIAM KIEFT, DIRECTOR-GENERAL. 89 A decent wooden church, which had been built on Tinni- 1646. cum, was, with the burying-place, this day consecrated by the ' • — ' Rev. John Campanius, who, it will be recollected, came out with Governor Printz. This, we believe, is the first church Sept. 4. mentioned. The first corpse that was buried there was that pu-st church of Catherine, daughter of Andrew Hanson, on the 28th of andburial- October. It is probable the worship, prior to that time, had been conducted either in a part of the governor's mansion, or in some temporary building, or perhaps a former building may have been destroyed by the fire last year.1 Hudde received a letter, (probably from the director- sept. 7. general,) in which he "was imperiously commanded to pur- Hudde com- chase some land from the savages, which was situated on the ™^"n west shore, about a mile distant from Fort Nassau, to the west shore, north." Accordingly, " I took possession of that spot on the ^^1.^ 8th following, and erected on it the arms of the company ; Nassau, pre- and as the proprietor was not at home, I was obliged to delay p^J^ ° the conclusion of the purchase till the 25th of the same Effects it, month. After the purchase was accomplished, the original j^^"* proprietor went with me to the spot, and assisted in fixing erects the the arms of the company to a pole which was fixed in the ground on the limits. Shortly after this, several freemen made preparations to build on this newly acquired posses sion."2 This purchase, from the distance, one Dutch, or four Eng lish miles, and also from the direction from Fort Nassau, (north,) has been considered by some, and perhaps plausibly, to have been the same as the site, or a part of it, of the pre sent city of Philadelphia.3 The Swedish commissary Huygens, by order of Governor October s. Printz, " carried down with him the arms which Hudde had Dutch arms affixed, on which a considerable altercation took place, and among other things, about the great abuse committed by his sergeant and other Swedes on 30th September last, against all good order and decency, and after the guard was already on duty, when I kept him for some time in the guard-house, besides giving him a severe reproof, and demanded of his governor to correct and punish him, so that it might evidently appear that he had no share whatever in such a violent out rage, or if similar excesses were again renewed, I would 1 Campanius, p. 79. 2 Hudde's Report, p. 433. 3 Ferris's Early Settlements, p. 75. 12 b2 carriedaway. JOHN PRINTZ, GOVERNOR OF THE SWEDES. directly inflict punishment, as usually is done on similar tur bulent persons." Hudde received this day a protest from Governor Printz,. October 16. dated 30th September, the same on which the event alluded Printz's pro- to, as above, took place, of which we have no further account. test against Qloff gtiue ana Moens Flom, two of Printz's freemen, were Hudde's con- . duct and bearers of it. purchase. u Andreas Hudde, I remind you again, by this written warning, as before was done verbally in person by the com missary, Hendrick Huygen, that you will discontinue the in juries of which you have been guilty against the royal majesty in Sweden, my most gracious queen, against her royal ma jesty's rights, pretensions, soil and land, without showing the least respect to her royal majesty's magnificence, reputation, and highness, and that you will do so no more, and then con sidering how little it would be becoming her royal majesty to bear such gross violence, and what great disasters might ori ginate from it, yea, must be expected. 2dly, With what reluctance, as I think, your nation or your masters would, for such a trifle, come in conflict with her royal majesty, as you have no shadow of right for this, your gross conduct, particularly for your secret and unlawful purchase of land from the savages, by which you evidently betrayed your con viction of the justice, equity, and antiquity of your preten- sive claims, of which you so loudly boasted, and which, by this purchase, have been brought to light, showing clearly that you had no shadow of right to that place, of which you have taken possession, no more than to others on this river which you now claim, in which, however, you were never molested by her majesty or her plenipotentiary; neither was it ever attempted by them to undermine you in a sinister way. All this I can freely bring forward in my defence, to exculpate me from all future calamities, of which we give you a warn ing, and place it to your account. Dated New Gottenberg, 30th September, 1646." Below, in the margin, was the following : "The orders to which you appeal may very well have been occasioned by unjust and unfair report, and it would well become you to send him correct information of this whole transaction, as you were present on the spot. " John Printz."1 1 Hudde, p. 434. WILLIAM KIEFT, DIRECTOR-GENERAL. 91 The next day after receiving the foregoing protest, Hudde 1646. went up the river " on some very urgent business," and was ' ' ' informed, on his return, that the Swedish governor had for bidden his subjects to enter into any transactions with " our" October it. people, which is often put in practice by professe*d enemies, Printz for but never was adopted by allies, the one against the other, transitions He was also informed that the Swede found fault with his between the not answering the protest; he accordingly wrote the follow- Dutch! *" ing protest, and on the 23d October sent it by Sander Boyer and two soldiers, viz. David Davitsen and Jacob Hendricksen. "To the noble governor, De Heer John Printz — Sir Go- October 22. vernor : On the evening of the 16th instant, stilo novo, was Hudde's pro delivered to me an act, by Oloff Stille and Moens Flom, ^^- 3 * 7 swer to dated 30th September, stilo vetere, by which your honour Printz. warns me to desist from any injuries which I should have done or committed against the lands of her royal majesty of Sweden, which, however, remain yet unknown to me till this moment; and if your honour had condescended to explain wherein these consisted, I should not have hesitated to alter my course, if your honour's insinuations had been correct, as I am entirely ignorant that I have left undone any thing which might have a tendency to the preservation of our mutual intercourse, much less that I should have committed any act of gross violence. I purchased the land, not in a ' clandestine manner, neither unjustly, except that your honour calls that a clandestine manner which is not performed with your honour's knowledge. I purchased it from the real owner ; if he sold that land previously to your honour, then he imposed upon me shamefully. The place which we pos sess, we possess indeed in just property, perhaps before the name of the South River was heard of in Sweden. I cannot say, certainly I am ignorant, if my lord and master has been unjustly informed, only that I explained to him the whole transaction in truth and justice, and so I will continue to do by the first opportunity, that I may obtain and transmit to him your act, with this my answer upon it, to be further in formed by him what he may think proper to command, and what I shall be obliged to execute ; and whereas your com missary, coming down on the 8th instant, had taken off the arms which I hung up on the purchased lands, tearing them down in an insolent and hostile manner, with these threaten ing words, 'that although it had been the colours of the JOHN PRINTZ, GOVERNOR OF THE SWEDES. Prince of Orange that were hoisted there, he would have thrown them too under his feet;' besides many bloody me naces, which have been reported to me from time to time, Hudde's pro- which can have no other tendency than to cause great cala- test, con- mities . and whereas this not only concerns my nation and masters, but is an infringement on the authority of their High Mightinesses the States-General, and that of his high ness the Prince of Orange, and so too of that of the noble director, which is insulted by it. So is it, that I am compelled, against my will, to send your honour this answer, by which I must protest before God and the whole world ; as also I do protest by this that I am innocent of all the disasters, diffi culties, losses, and what further might follow from these pro cedures, or which might originate from them, but that to the contrary, I performed every thing, and endeavoured to em ploy all means by which a good correspondence and mutual harmony might be promoted, so as I deem myself obliged to do, in so far as my honour and oath shall permit it, and I will confide that it is your honour's intention to act in the same manner, at least from the consideration that we, who are Christians, will not place ourselves as a stumbling-block, or laughing-stock, to those savage heathens, which I trust that shall remain so, as it is by your affectionate friend, A. Hudde. « On South River, New Netherlands, Oct. 22, 1646." The manner in which the bearers of this protest were re ceived and treated, is thus described by the sergeant, to Hudde. " As soon as he arrived at the governor's, who stood before Governor's his door, he wished him a good morning, and said_ further, I thTsTrgeant hring you a greeting from the commissary Hudde, who sends who went to you an act in answer to yours ; when he, John Printz, took it Hudde's pro- fr°m his hand, and threw it towards one of his attendants, test. yffo stood near him, saying, 'There, take care of it.' The other picked it up from the ground to take care of it. The governor then departed to meet some Englishmen just arrived from New England. After some interval, the sergeant asked to see the governor, to obtain an answer ; but, notwithstand ing he came there in the discharge of his duty, he neverthe less was thrown out of the doors, the governor taking a gun in his hand from the wall, to shoot him, as he imagined, but was prevented, from his leaving the room." PETER STUYVESANT, DIRECTOR-GENERAL. This treatment Hudde complains of as being very common on the part of Printz, " freemen as well as servants, when arriving where he resides, are in a most unreasonable manner abused, so that they are often, on returning home, bloody and bruised."1 1647. Some of the principal people of New Haven, " exceedingly January 1. disappointed in trade, and having sustained great damages Loss at sea at Delaware, and depreciation of their estates, with a view to of a com" . . pany from retrieve former losses, combined their resources, built a ship, New Haven. and embarked, and cutting their way out of the harbour, through the ice, sailed for England. Among these were Mr. Gregson, Captain Turner, and Mr. Lamberton, who have already been mentioned in connection with the purchases on our river. The vessel foundered at sea, and was never after wards heard of, which much discouraged those who remained behind, and for a time put a period to the plantation from New Haven here. Two persons of the name of Lamberton are mentioned in- the records, viz. Thomas and George ; the latter was captain of the vessel, probably the former was the merchant and owner. It is not said which of them was lost, but he was one of the principal men of the town.2 Peter Stuyvesant succeeds Governor Kieft ; he arrived on May n. the 11th, and his administration began May 27. Shortly Peter stuy- after his arrival, he sent complimentary letters to the gover nors of Massachusetts and New Haven, professing resolutions to be upon very friendly terms with those governments, but at the same time laid in his claims to all the land between Delaware and Connecticut Rivers, as the indubitable right of the States-General, or West India Company, which his pre decessor either never did, or did more obscurely." He soon, however, seized a vessel trading with New Haven, and ex tended his claims so as to include all the land, rivers, and streams, &c, from Cape Heniopen to Cape Cod.3 An attempt to surprise the Dutch was made by the May 12. Armewsick savages, at noon, " although it was rendered void by God's mercy and correct information, and through a mis- 1 Albany Records, vol. xvii. Hudde's Report, N. Y. Hist. Soe. Coll. vol. i. N. S., p. 435, 436. 2 Trumbull's Conn. vol. i. p. 164. Winthrop, vol. ii. p. 266. * Hazard's Hist. Coll. vol. ii. p. 216. Smith's N. Y. vol. i. p. 8. N. Y. Coll. vol. i. p. 453. vesant's ar rival. Indians at- JOHN PRINTZ, GOVERNOR OF THE SWEDES. understanding among them. Printz leaves nothing untried to render the Dutch suspected by both savages and Chris tians. He openly declares that the company have no right whatever on this river, and that he purchased the land in tempt to sur- pghajf 0f the crown of Sweden ; so as to the Minquas' land, hutch. e that the company could not trust on their old uninterrupted nies'thdr possession ; that the devil was the oldest possessor of hell, but right on the f^f fe sometimes admitted a younger one, as he openly de- strong ex- clared at his own table, on 3d June, 1647, in my presence, junfiT' and that of my wife, with many other equally vulgar expres sions, serving and intended for the same purpose ; but, and what is worse, he made it openly manifest by stubborn deeds, more particularly by enclosing the river, so that no vessels can enter it on any account, except with his previous consent, notwithstanding they may have been provided with the most respectable commissions ; by which closing he not only greatly injures the freemen, but retards their journey, to their great loss. He further shamefully vilifies their High Mighti nesses, by denying them their due respects, despising and treating as frivolous and insignificant, their commissions."1 A, charge was made against Governor Printz, of tampering July 13. with the Indians, by furnishing guns, &c, and endeavouring Certificate of to purchase land from them, as appears by the following cer- tampering tificate, signed by Symen Root, Jan Hendricksen, and Dirck with the Dircksen, &c. : " The undersigned, all thoroughly acquainted Maquas In- ' ° ' o J 1 dians. with the language of the Maquas, solemnly declare, at the requisition of the honourable director-general, &c, in pre sence of said director and his predecessor, William Kieft, that it is true that we, being, on the 13th July, 1647, at the house of his honour, saw two chiefs of the Maquas arrive there ; the one was named Aquanokus, and the other Kna- digken, who then, in proof of their willingness to continue with us in friendship and mutual intercourse, made some presents, and declared in our presence, that a missionary from the Swedish governor, John Printz, on the South River of New Netherland, residing, had said to them that he might sell to them as much powder, and balls, and guns as ho pleased, but that the Netherlanders were too sordidly avari cious to do so. The Swedish governor told further these chiefs, that the Netherlanders were bad, the Swedes good men, and solicited further, that said chiefs would permit him 1 Hudde's Report, 436. PETER STUYVESANT, DIRECTOR-GENERAL. 95 to establish a trading-house in the country, which they 1647. rejected. All this we declare that we heard said chiefs say- ' ' ing, at the house of the director-general, and are willing to sanction it with our solemn oath. Fort Amsterdam, July 13, 1647."1 A person applies for permission to marry the widow of July is. Arent Corssen, being persuaded he had perished, as nothing corsson's could be heard of him, after diligent inquiry. It will be w recollected that he was drowned a year or more since.2 Hudde receives a deputation from the freemen lying at juiy 29. anchor, "humbly soliciting him to prepare and present, in inhabitants their behalf, a request to the director-general, Stuyvesant, gju'^™ailt petitioning relief from the hindrances which they met with, which he effected and transmitted."3 Various injuries were received from the Swedes, by Simon Damage by Root, to his buildings on Wigguakoing, this year, for which S^4^m" he afterwards asks compensation, " as also for tearing down the Netherland arms, and the destruction of the commenced building put up by the clerk, A. Hudde ; all which show that any further occupation would be prevented."4 In answer to the petition, Hudde received from the director- August 15. general a protest, which, on the 17th, he presented Governor stuyvesant Printz, who replied he would answer it in writing.5 The late director, Kieft, sailed for Holland in a ship of August 16. 400 tons, but through some miscalculation, the vessel was Director cast away on the coast of Wales, and the director and eighty J^ other persons perished.6 Governor Printz, in February last, gave the government septie. complete information " of the nature and actual condition of Application New Sweden, the progress of cultivation and the construe- the g0vern- tion of dwellings in that country, all of which is infinitely ment for , , ,, J ' _ ll_ more salary agreeable to the government, who in reply say, " they have and land. remarked, with a particular satisfaction, the zeal, skill, and ^ou^y activity with which you have filled your station of com mander," and they promise " to preserve him in memory, and reward his zealous and faithful services" with the " royal favour." But it appears he was not entirely satisfied with what they had already done for him, in the grant of ".Teneko," for he now asked for " an augmentation of apportionment," 1 Albany Records, vol. iii. p. 258. ¦» Holl. Doc. vol. viii. p. 59. 2 Ibid. p. 52. 6 Hudde's Report, p. 437. 3 Hudde's Report, p. 437. s Winthrop, vol. ii. p. 316. Hudde con tinued as commissaryat Fort Nassau. December 7. Hudde goes to Manhat tan.A vessel is detained by Printz, and eome of her cargo taken, JOHN PRINTZ, GOVERNOR OF THE SWEDES. and that they would " deign to confer upon him certain lands and occupations." Upon this request the government appears disposed to act with caution, for they say, " we wish to reflect upon the means of arranging for the augmentation of salary," and " if the lands which you ask have not been given away, and they are not required for cavalry or soldiers, and the business having been examined in our chamber of finance, we shall be well disposed to grant you what is just, not doubt ing that as you have to the present manifested your zeal and fidelity, and that of the country, you will continue to act with the same zeal and fideUty, not regarding it too difficult and fatiguing to regulate and direct, for some time yet, the establishments of New Sweden, until we shall find another whom we can send to replace you." Although we have no materials to show what further provision was made for him, yet we presume he was " rewarded" in some way for " his faithful services," as he remained here five or six years longer. Probably " Printzdorp," of which mention is made hereafter, was a part of the result of this application.1 The director-general and council, " having considered the abilities of Andreas Hudde," unanimously resolved to con tinue him in the service of the West India Company, as commissary of Fort Nassau, his salary to be the same as paid " to other commissaries in such distant places." It seems some charges had been made against him, but were not substantiated.2 Hudde having obtained permission to visit Manhattan, delivered the answer of Printz, which he took with him, to the director-general.3 It appears by his certificate, that a vessel called the Siren, belonging to Jan Geruel, was stopped by Governor Printz ; the vessel was examined, the goods were "very roughly handled, by turning every thing topsy-turvy, all tending to great damage and injury of my interest, taking out my war ammunition, being about sixty pounds of powder and six guns, but owing to my request, and my promise only to deal the same out in case of necessity, they returned some powder, about forty-seven pounds, and three guns, keeping the re mainder for himself."4 1 MSS. A. P. S. Reg. Penns. vol. iv. p. 315. 2 Albany Records, vol. vii. p. 80. 3 Hudde's Report. « Holl. Doc. vol. viii. p. 59. PETER STUYVESANT, DIRECTOR-GENERAL. 97 This year, the " Swan," one of the vessels which had 1647. accompanied Printz, arrives from Sweden a second time, ' ' ' bringing more people. The ship Black Cat, laden with am munition and merchandise for the Indians, and two other vessels re- vessels, the Key and the Lamb, are mentioned as arriving g™°de™m during Printz's administration.1 1 1648. It having been found that the revenue from the excises on January 20. tobacco, according to the decree of 1642, did not ordinarily ordinance produce more than half that sum, it was now judged proper toSccoand " to permit and grant that the company of the south may, m*nuft«- tures and for the state of New Sweden, and the support of the govern- f0r support ment there, retain and require the third of the excises of the of s°Tern- A ment of New crown, upon all confiscated tobacco, as also whatever profit Sweden. the fines imposed for the contravention of our prohibition against the importation of tobacco, have already yielded, or which may in future arise from the violation of the ordi nances against the secret introduction of tobacco in the. kingdom or the Great _ Duchy of Finland ; and also having found that the excises of tobacco, in 1641 to 1645 inclusive, had been employed for other purposes of the crown, and that in the mean time, .the state of New Sweden had been sup ported by other revenues of the company of the south, the counsellors of the kingdom are authorized to refund their advances, and if the excise and fines are not sufiicient for the annual support of New Sweden, the deficit is to be made up by the crown ; and, on the contrary, any surplus is to be deposited among the revenues of the crown, and a " clear account to be kept of them. As the company of the south, in order to facilitate the commerce of New Sweden, desires that a " part of all the manufactures of Holland arriving at Gottenberg, should be transported to New Sweden, it is ordained that such goods as are not landed for sale in Swe den, may pass without duty, as well as the tobacco and furs which enter the kingdom from New Sweden. But the tobacco sent by the company to Holland shall pay duty according to the tariff."2 A vessel arrived (at Fort Nassau) from below, with a AprU2. schover sail, without colours, so that Hudde was doubtful about where she came from, or what she was. He ordered a 1 Aerelius, p. 410. 2 MSS. A. P. S. in Reg. Penns. vol. iv. p. 373. 13 I JOHN PRINTZ,' GOVERNOR OF THE SWEDES. gun fired over her, but she pursued her course ; he ordered a second gun to be fired, " but it was no more minded than the first ;" he immediately despatched eight men in pursuit, " but Arrival of a as the wind was fair, and the weather very hazy and very suspicious d v they could not reach her." " After two or three days, vessel, duns i J ,.,,., i are fired be discovered it was the Swedish bark, which again descend- NaL^ to ing the river, he " asked the skipper by what cause he passed bring her to. fa fort wjt}j a doorgesehoten Stengel,"1 without showing his colours, by which it might be known who the master was, though he had the colours with him, as was evident, since they were now flying; he answered very contemptuously, " that if he had known this would have come into considera tion, he would not have done it now, but that he certainly should do so in future, if it was to irritate, and as a mark of his contempt." Hudde then delivered him the following act for the governor : " Noble and valiant John Printz — Whereas your shallop, April 13. on the 3d instant, towards evening, sailed by the fort, and, Hudde's pro- contrary to custom, hath lowered his colours before it arrived Pnntz in re- near Fort Nassau, and passed without showing colours, by ia«on to the which it could be ascertained who was the master, contrary above affair. . ... . . ., . to our arrangements, which you approved, viz. that our ves sels coming in the river are to stop near the forts, even when it is sufiiciently known from where they come, so that neither your subjects nor ours might be exposed to any mishap, while it was to be feared that otherwise, under this cover, one or other foreign nation, to our great injury, might pass by. Wherefore I cannot withhold my deep surprise, with what object in view your honour permitted this vessel to pass by the fort under such a disguise. As far as I can judge, and considering what in such, case might and ought to be done, against others arriving here without orders, it is certainly not the right course to cultivate a good understanding be tween neighbours, but it rather produces misunderstanding, which I could not have expected to have met with. I will in future, in a similar case, not neglect what my duty to maintain the due respect towards their High Mightinesses and the Prince of Orange, and the rights and immunities of my 1 These Dutch terms, not being understood by the translator, are left in the original language. We leam that tlie schover is a square sail, and the other term means a crippled mast or spar, probably by one of the guns fired. It is difficult to ascertain the kind of vessels used ; they are called sloops, shallops, barques, pinnace; the general term, vessel, would perhaps have been better. PETER STUYVESANT, DIRECTOR-GENERAL. 99 lords and masters, requires of me. Wherefore I earnestly 1648. solicit that your honour will prevent it in future, as by a con- ' ¦ ' trary conduct, I should be compelled, whenever any diffi culties from it might arise, in behalf of my own innocence, to enter my protest, more so as the skipper, Claert Huygen, had the effrontry to boast that he only acted so to insult me, and that he should regret if he did otherwise in future. Farewell. A. Hudde. " Done at Fort Nassau, 13th April."1 Hudde gives a further account of the proceedings of the April. Swedes, as well as of the Dutch. " He was informed, during the whole winter, that the Hudde's ac- Swedes brought together a large quantity of logs, and that ^edta°sof° a great number were already carried to the SchuylkiH, from the swedes which he apprehended the governor's intention was to con- km,inbuiid- struct buildings near the place where vessels usually lay at an- ins there- chor ; and as those trading as before had been driven from Kin- sessing, and we cannot approach the large woods to trade with the Minquas, by which trade being lost to us, the possession of this river, as before observed, would deserve very little consideration ;" he therefore communicates the facts, and waits further orders what to do in case the Swedes do build and take possession of other unoccupied places ; he proposes in that case to take possession of the tract of land nearest to him, in the name of the company. On the 4th of the same month, some of the sachems from April 4. the savages of Passayonk came to Hudde, and inquired why Sachems tn- he did not build on Schuylkill, the Swedes having already t^Dutchdo done so ? Upon inquiry next day, he found it to be the fact, not buud and "in some places, too, of the highest importance." He therefore made preparations to build, and on the 27th April 27. went there, "with the most necessary timber ; calling then, The Dutch without delay, for the sachems, to whom he stated his inten- D^rnThe° tions of building on the spot they had granted him." They sachems sent a message " to the Swedes who lived there already, and the'coiours." commanded them to depart, insinuating they had taken pos session clandestinely, and against the will of the sachems, and they, the sachems, had ceded for the present to the Dutch, and that I (Hudde) should build there too." Where upon Maarte Hoock and Wissemenets, two of the chief sachems, "planted there, with their own hands, the colours of the 1 Hudde's Report, p. 437. build. JOHN PRINTZ, GOVERNOR OF THE SWEDES. Prince of Orange, and ordered that I (Hudde) should fire a gun three times," in token of possession. This was done, and the house raised in presence of the chiefs. Towards Dutch com- evening, the Swedish commissary arrived, with seven or eight mence to men^ an(j askeci Hudde " with whose permission or order I did raise that building." " I answered, by the orders of my masters and the previous consent of the savages." He asked further, if I " could show orders of my master, and not let ters of some freemen. I answered, yes, and was ready to produce them, when he had shown by whose order he made the demand." " The sachems then said to Henry Huygens and his company," that they should grant us that tract, and we would settle there, and asked by what authority the Swedes had built there; "if it was not enough that they were already in possession of Mattenekonk, the Schuylkill, Kin- sessing, Kakanken, Upland, &c, possessed by the Swedes, all which they had stolen ¦ from them ; that Minewit now, about eleven years past, had no more than six small tracts of land up Paghaghacking, purchased to plant there some tobacco, of which the natives, in gratitude, should enjoy one-half the produce'. If they, coming to them, (pointing at the Swedes,) should be permitted, when purchasing a tract of land, to take those next adjoining it, as the Swedes had done on the river, and yet continued to do, that they were greatly surprised, indeed, that they (the Swedes) would prescribe laws to those who were the original and' natural proprietors of the land, as if they might not do with their own what they wished ; that they (the Swedes) arrived only lately on the river, and had taken already so much land from them, which they actually settled, while we (pointing to us) never had taken from them any land, although we had dwelt here and con versed with them more than thirty years." Hudde continued the work, surrounding the house with palisades, " because the Swedes had destroyed before the house which the company possessed on Schuylkill, and built a fort in its place, and they perhaps might do the same here." While thus engaged, " arrives Moens Kling, lieutenant at the fort on Schuylkill, with 24 men, fully armed with charged muskets, and bearing maces, marching in ranks. He asked if we intended to finish that work. I replied, what was commenced must be finished too." He thereupon " commanded his men to lay down their muskets, and each take his axe in hand, and cut down every PETER STUYVESANT, DIRECTOR-GENERAL. 101 tree which stood near and around the house, destroying even 1648. the fruit trees which I had planted there."1 "¦~v ' The Dutch seem now to be aware that they had too long delayed fixing the limits between them and the Swedes and April 7. the English, for in a letter of this date, to Stuyvesant, the directors say, " We acknowledge that long ago we ought to have taken hold of the opportunity to fix the limits between the Swedes, the English and us, which before could have been executed with greater ease, when it was earnestly solicited by the agent at the Hague."2 Rev. John Campanius, Holm, returned to Sweden, after Mayi6. having been pastor here for six years. Prior to his coming Departure, to this country with Governor Printz, he had been preceptor a°;^'fand of the orphans' house at Stockholm, when he received the campanius. appointment to accompany the colony as chaplain ; on his t/n ™™UT return home, he was made first preacher of the admiralty, tner'sCate- and afterwards pastor in Upland, (Sweden,) where he com- the™aian pleted a translation of Luther's Catechism into the Indian language. (Lenni-Lenape) language, which had been commenced here in New swcam 1646, and is, probably the first translation of any work into ^ Ws . TT. . . . grandson. an Indian language of this country. His desire to be spi ritually useful to the Indians, induced him to acquire their language, and the honour of being the first missionary amongst the Indians is therefore claimed for the Swedes, at least in Pennsylvania.3 A copy of this translation is in the library of the American Philosophical Society, and another, we believe, in that of Gettysburg College. It was printed at Stockholm, in 1696, in Delaware and Swedish, together with a vocabulary.4 " In this translation, Campanius accommo dates the Lord's Prayer to the circumstances of the Indians thus ; instead of ' give us our daily bread,' he has it, ' a plentiful supply of venison and corn.' "5 As we have seen, he consecrated the first Swedish church at Tinnicum, and was, no doubt, its active pastor. The fol lowing is a sketch of his passage home. " Having obtained a proper passport from the governor and council, I sailed in the Lord's name, with my family, from Elfsborg, in New Sweden, on board the ship Swan, on 16th May, and on the 18th came into the bay ; the distance between Elfsborg and i Hudde, p. 440. ' 2 Albany Records, vol. iv. p. 5. 3 Clay, p. 28. 4 Preface to Campanius. = Records of Swedes' Church. JOHN PRINTZ, GOVERNOR OF THE SWEDES. the bay is nine miles, (Swedish,) and on account of the nu merous banks in the river, we were three days in descending into the bay ; on the 19th, we came to Heniopen ; on the 4th June, began to see land, and on 13th, Plymouth, Eng land ; on the 14th, France, and saw two Swedish ships, 'New Fortune' and 'Julius,' coming from Sweden, the last a present to the King of France. On 17th June, saw Jutland ; on 19th, entered the Sound, and came to Helsingor, and July 3, with Divine favour, entered Stockholm, being only 63 days, which was considered a remarkably short passage."1 He died Sep tember 17, 1683, aged 83, and was buried in the church of Frost Hultz, where a monument is erected to his memory.2 His son, it appears, was also in this country with him. From the notes and relations of the two, with probably some tra ditionary help, the son of the latter (who was never in this country8) printed, in 1702, his description of New Sweden, which is generally quoted as " Campanius," by historians. It is remarkable that so many inaccuracies exist in it, especially with regard to the date of the first settlement of the Swedes, and which has led subsequent writers into many errors, some of which have been noticed. Upon hearing of the outrages and violence committed June 7. there, two members of the high council arrived on South two mem- River, L. Van Dincklage, and the honourable La Montagne, cTarrive™" *° whom the sachems and " original proprietors made, on the from Man- 10th, a public transfer of the Schuylkill, and sanctioned the former purchase by Arent Corssen, then commissary on the same Schuylkill, and all the adjoining lands, and of all which their honours took public and lawful possession." This trans fer has already been given on page 35. " After this, the honourable commissioners, with a becoming Eude treat- suite, sailed to Tinneconk, and were received there by Com- ™e^ by missary Huygen and Lieutenant Pappegay, who left them prinu, at about half an hour in the open air and a constant rain, and Tinnicum. . _ - . L J after they were admitted to an audience, delivered, among others, their solemn protest against Printz, against his illegal possession of the Schuylkill, to which he promised a reply before their departure."4 " Spots" of land were assigned by Hudde to different in- 1 Campanius, p. 72. 2 rbi(1 p jqs. 3 Duponeeau's Preface to his translation of Campanius's Memoirs, Pa. Hist Soe. vol. iii. p. vi. 4 Hudde's Report, p. 440. PETER STUYVESANT, DIRECTOR-GENERAL. 103 dividuals, at their request, on which to settle. One of these, 1648. Hans Jacobson, " made, July 2, a beginning to settle himself ' ¦ — ' on the Schuylkill, which was prevented by the Swedes, the- son of Governor Printz being commanded to execute this Juiy2. exploit, who tried to compel Hans to break down what he had Lands are as- already raised, and when he declined to do so, he did it him- S^^J° self, and burned the whole, with the following menaces, ' that Dutchmen if he there came again, and dared to build, he would carry ^^1,,^. off with him a good drubbing.' buiidmgsare " No better fate awaited one Thomas Broen, who went andturnt"1 thither on the 6th instant, to settle himself at New Holm, a fcy Erints's certain place to which they had given this name. He was there scarce three hours, when the Swedes, under command of one Gregory Van Dyck, sergeant, arrived there, and pulled down all that had been raised by him, with a warning that he should retreat directly, or they would beat him off. In this situation affairs remained for some time."1 Hudde, having been ordered to Manhattan, arrived there, sept. 8. and made his report on the situation of the South River, and Hudde, at ii- •.¦ -i . J.-LJ Manhattan, recommended, m writing, what was necessary to be done. hear80fa|! While there, also, he received by land, notice "that the fairs at Swedes had placed a house before Fort Beversrede, by which ° uy it was entirely barricaded." It was probably the letter from A. Boyer.2 Commissary Hudde having left the Delaware for Manhat- Sept. 25. tan, on a visit to the governor, in his absence the following letter from Fort Nassau is written, by Alexander Boyer, to Stuyvesant, detailing several occurrences there. "The Swedish governor, John Printz, ordered, on the Letter from 16th September,' that a house should be built here on the stuyvesant.' Schuylkill, in the front of our Fort Beversrede, about 30 to ftroBcee^g9 35 feet long, and 20 broad, by which our liberty on said rede. water is obstructed, so that our vessels which come to anchor under the protection of our fort, can discover said fort with difficulty. Sir, I am fully confident he constructed this building more to insult our lords and masters than to reap for himself any real advantage from it, because the ground in the same range with our fort is large enough to admit twenty similar buildings. The back gable of the house is only 12 feet from the gate of the fort, so that the house is placed within the water side and our fort. 1 Hudde's Report, N. Y. Hist. Soe. p. 440. Alb. Rec. xvii. 268. 2 Ibid. p. 441. JOHN PRINTZ, GOVERNOR OF THE SWEDES. " On the 21st instant arrived here a chief from the Maquas' land, with four of his tribe, bringing with him 30 or 40 bea- . vers, to inquire whether no vessel was arrived from the Man- Maquas hattans, as they had actually a large quantity of furs in their wfth be*™ country, wherefore they are the more anxious for such an vers. arrival. They seemed to be much dissatisfied that this river Anxious) r .^ ^ ajwaTg crOTVde(i ^th cargoes by our nation. The Swedes have only a few cargoes here ; if we had a great abundance, there is no question we might make a very lucra tive trade with the Maquas. " Two Swedes, who, with 7 or 8 guns, some powder and Two swedes balls, arrived here by the Maquas, to trade with them, have Maqua'fsa- Deen killed by these savages. We, too, are daily expecting vages. The our commissary, A. Hudde, and with him your honour's sup- garrison con- . , _ , sists of only ply of our wants, as the winter approaches, and we are nearly six men. jn want 0f every necessary article. I am now garrisoned here with only six men, to defend two forts, that is, who are in full health, and able to make defence."1 The winter season approaching, Hudde returned from October 5. Manhattan on the 5th October, with a few freemen, to whom Hudde re- were delivered letters-patent to settle and build on the aU™tetondS Schuylkill, "with whom being arrived on the 18th October, Printz. in the South River, was directly informed that the Swede placed his best hopes on the country of the Minquas, against the bargain concluded by us. To prevent similar frivolous pretensions, and to show that the contract was by no means broken by the honourable committee, I sent the following note "to Hendrick Huygens, to be handed to the governor : " Honourable and obliging good friend — Accept my cor- Note and dial salutation. It is with deep regret that I was informed, Hudde J™ on my return, that our fugitives can find no residence in the de°taiiinntZ' Minquas country, against the good intentions, indeed, of our some trans- director-general, who will not permit any thing shall be un dertaken by his subjects against our contract, but he expects that similar conduct shall be holden on both sides ; and as I am certain that some late proceedings must arouse suspicions, so I considered it my duty to send you this note in my de fence, confident that on this point your governor will alter his mind. And whereas our freemen are permitted to follow and promote their private concerns, so is it, that meanwhile one of the Swedish officers, named Peter Jochems, in con- 1 Albany Records, vol. v. p. 71. PETER STUYVESANT, DIRECTOR-GENERAL. 105 tempt of us, tore, by night, the palisades from the Fort 1648. Rheede, with violence asunder, broke them all in this manner ' ' ' in pieces, and making use of the greatest violence, as well in words as deeds ; whereon they renewed their labours, so that the whole was finished on the 4th November, which then, for November 4. the second time, was torn down by the Swedes, who broke, ^ with great violence, every piece of timber, of which I trans mitted a faithful account to the director-general. And whereas I do not possess any other arms but paper, against similar procedures, so did I deem it necessary to send the enclosed protest to his honour, John Printz." The following certificates enter into further detail of these matters on Schuylkill. Certificate of Simon Boot. — "We demanded that the Swe- certificate oi dish lieutenant show his commission, when he exhibited to us Sim011 Koot' the orders of his government, in which he is commanded, in so many words, not to permit a single post to be fixed in the ground, and that in case it was undertaken, then he should resist, and endeavour to prevent it with amicable words, or with force, could he not succeed otherwise ; and he was fur ther commanded to keep, continually, two men on guard near the river, to look out where we intended to build, and that they should resist the unloading of any timber." Certificate of several persons. — " That A. Van Tienhoven, November 5. S. Boyer and D. Dars, in the service of the West India Com- certificates pany, have expressly forbidden a Swedish lieutenant, in the °^^x name of their lords and masters, &c, to obstruct us in build ing' on Mastmakers' Point, on Schuylkill, on South River, when the lieutenant replied that he had nothing to do with our government, that he followed his instructions which he had received from his government; to which they replied, that he would be responsible if any mishap arose, or any blood be spilled; on which the lieutenant commanded his men to destroy the building, which they executed by force, and scattered it in fragments on the ground." Another certificate. — "That we were, on the 4th Novem- Novembers ber, on Schuylkill, at F$rt Beversrede, and assisted at Mast- makers' Point ; when engaged in this work, we were met by Swen Schute, lieutenant-commandant, in behalf of the Swe dish crown, and commanded by Swedish governor, John Printz, who first forbade us to go on, and then stopped us by force of arms. Nevertheless, he relented, on the intercession 14 106 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1648. of Tienhoven and Boyer, till they might receive further ' — ¦ — ' orders, which they obtained at night from Hudde ; when said Lieutenant Swen Schute warned us, at sunrise in the morning certificates of the 5th, that he received positive orders from Governor redfaffaiT Jolm Printz, to destroy the work which we constructed, when he, with his men, drew their swords and marched thither. On this unbecoming hostility, we followed their steps, till we reached the spot where the building was raised ; there the lieutenant commanded his men to destroy the building, not withstanding our remonstrances and request that he would desist, whereas, as he acknowledged their High Mightinesses were in negotiation with the crown of Sweden on this subject, when he proudly answered that he was commanded by his government that he ought not permit a single post to be fixed in the ground in the name of their High Mightinesses, but that he should destroy all which was attempted, and do so without delay ; whereon they directly using their swords in lieu of axes, broke the building in pieces, notwithstanding we showed them the orders of the director-general, P. Stuyvesant, with our solemn protest before God and men ; that we and ours were innocent of all mischief which might follow such a violent act ; at which the aforesaid Lieutenant Schute replied, that Commissary Hudde ' was a villain and a rascal,' that he cared nothing about our government, and only executed the orders of the government ; on which calumny Boyer retorted to Schute, 'You must be a villain yourself; do not slander a man, or do it in his presence, that he may defend himself.' Although this was just, nevertheless the above-said Schute grasped the hair of Boyer, but there further mischief was prevented."1 In view of these things, Hudde, the commissary, addresses November 7. to Governor Printz the following pacific letter, from Fort Nassau : " Noble honourable lord, John Printz — Whereas, by a com- Hudde'siet mission issued by our honourable director-general, Peter test to^ov. Stuyvesant, to Simon Root, Peter Harmansen, and Cornelius Printz. Ee- Mauntz, to build on the Mastmakers' Point ; the said Simon causefotto E,oot' by virtue of Jt> commenced raising a house on the 4th complaint, of this month, which, by your commander's orders, has been obstructed by violence, notwithstanding our earnest entreaties and remonstrances, that allies ought not to act in this manner 1 Albany Records, vol. v. p. 6. PETER STUYVESANT, DIRECTOR-GENERAL. 107 against one another, but rather, as it was their duty, and 1648. becoming, to negotiate and discuss together, in a friendly ' " ' manner, if any business existed on which they disagreed, leaving it rather, in the last resort, to our sovereign masters, to settle such points in dispute ; on which kind address your officer for a while seemed to abandon his plan, and to ac quiesce in our kind proposals, but this condescension did not last long. On the 5th, with the rising sun, your officer again appeared, and warned A. Boyer and Ad. Van Tienhoven that he received orders to destroy the building aforesaid, which threatening he instantly executed, destroying the whole, and using the most contemptuous, villifying language against those who executed only their master's commands; which conduct must alienate the minds, and foster bitterness and rancor, in lieu of conciliating animosities between neighbours, who ought to live in amity and peace, as we have always been inclined to do ; and to avoid with care, whatever might disturb our harmony, although too often opportunities offered us to indulge such propensities, if we had not been averse to such conduct ; but even our good intentions have been mis interpreted : on which insolent assault on the authority of their high and mighty lords, and that of his serene highness, the Prince of Orange, with that of the honourable director and council, with destruction of the mutual harmony and friendship, we are compelled to insert our protest, declaring ourselves, before God and the world, innocent of the conse quences which may result from such irregular and hostile proceedings, and solemnly declare that we have nothing else in view than to cultivate a good understanding with our neighbours, which we are yet willing to renew ; while we remain your honour's good friend, A. Hudde."1 Secretary Van Tienhoven writes to Governor Stuyvesant, from Fort Beversrede, detailing the situation of things there, and urging his personal presence, as follows : ' Albany Records, vol. v. p. 10; also Hudde's Report, in N.( Y. Hist. Coll vol. i. N. S., p. 442, where the translation differs somewhat from the above. It is here dated September 7, which appears to be an error. See note in O'Call. vol. ii. p. 83. There is on the record a transposition of parts of the above, which renders it a little difficult to ascertain its meaning. Here closes the translation of Hudde's Report, so often referred to ; it is rather a confused document, commencing with a profession to give the condition of things up to 1645, and yet embraces events in 1648. A minute of council, in 1648, Sep tember 9, notices the proposition to read the Report of A. Hudde. It is gene rally considered imperfect, but valuable for its many facts: Nov. 9. Letter from Tienhovento Stuyve sant, detail ing proceed ings of Swedes at Beversrede, and state of trade with Indians. Director's presence re quired. Houses pulled down when erect ing. High price of beaver. Measure hy the longest Indians. JOHN PRINTZ, GOVERNOR OF THE SWEDES. " It would be a very desirable thing that you could take resolution to come on here in person, to examine the situation of the South River, because the Swedes do here what they please. The block-house which they built on Beversrede is the most insulting affront to the directors of the general pri vileged West India Company which could be inflicted, as they built it about 12 or 13 feet distance only from our palli- sades, by which we are entirely excluded from the sight of the water on the kill; and occupied besides all the land around the fort, so that there is not so much left by the fort as to make a small garden in the spring. It is unbecoming that they should be permitted to do so, and therefore we are confident that his honour, the director, should move in it. Simon Root made a beginning for building his house, but it was soon destroyed by the Swedes, by force and violence. We asked again the Swedish lieutenant by what authority he acted, when he showed us the orders of his governor, in which he directed that he ought not to permit one single post to be placed in the ground by the orders of the high and mighty lords; neither should he permit any timber to be brought on shore, and so it happens, that the building of Simon Root cannot be finished, but must be delayed till we shall receive your further orders. But you may expect fur ther information from Commissary Hudde. " What regards our trade with the Indians on this river, and the Maquas, this cannot cause us much injury, as some of the chiefs have informed us; but we must acknowledge that we wanted a greater supply of merchandise, as will ap pear from the annexed memoir. They continually renew their demand for powder and balls. What further respects our commerce here, this is nearly spoiled, as we are compelled to give two fathoms white and one of black seawant for one beaver ; one fathom of cloth for two beavers ; every fathom of seawant amounts to three ells, sometimes one-sixteenth less, so that, in my opinion, this barter is rather too much against us, as the Indians always take the largest and tallest among them to trade with us."1 Under the year 1634 we have already given the docu mentary evidence of the claim by Sir Edmund Plowden, to a large district of country on and around our river. This year there appeared in England a very curious book, entitled 1 Albany Records, vol. v. pp. 10, 11. Holl. Doc. vol. viii. p. 57, 58. PETER STUYVESANT, DIRECTOR-GENERAL. 109 "Description of New Albion," &c, by a certain Beauchamp 1648. Plantagenet. The only copy of this rare work that we know ' r~' of, is in possession of our Philadelphia Library Company. It has, however, been reprinted in the collection of rare Description and curious tracts, by Peter Force, Esq., of Washington. It umlppeMs, is, we believe, generally supposed that the author, under an ty Beau- assumed name, is either the earl himself, or some person em- ^g™et. ployed by him to write it. After a very laudatory dedicatory letter addressed to the earl, and preface, follow various chap ters tracing the earl's pedigree through a long line of knights, earls palatine, &c, showing the title of the king, and his right to make the grant ; a description of the country ; a long letter from Master Robert Evelin, who is said to have resided here several years, and various other matters : from all which have been derived the greater part of what is said by later writers respecting this strange subject. It is deemed unnecessary for us to attempt to throw much light upon so obscure a matter, on which so much has been written. After giving some extracts from early records, we shall refer those who have any curiosity to know more about it, to the writings of several persons who have felt some interest in it, and communicated all that can be probably known about it. That there was such a person, or one who passed by that sir Edmund name, as Sir Edmund Plowden, in this country, appears ^^L abundantly proved by repeated references to him about the time, as well as to his scheme. Lord Baltimore, in 1685, before the committee of trade, saiisnpthe &c, " gives their lordships an account, that in the year 1642, Delaware> one Ployden sailed up Delaware River."1 In the Albany Records, in 1644, are recorded the two fol- certificates lowing certificates, apparently fragments, there inserted, but J^1^^ unconnected with any other matter, so that it is impossible to «* vessels. ascertain why they were given. " I, Peter Jansen, old about 22 years, declare, at the re quest of Mr. Moore, that he, being in 1643, on the River Rappahannock, in Virginia, heard one Mr. Middeler say that the bark now belonging to Peter Laurents and Mr. Throck morton, on which then Mr. Middeler was skipper, was the property of Sir Edmund Ployden, knight, viz. the half of the bark, and 2 hogsheads of flour, freighted on account of 1 Votes of Assembly of Pennsylvania, vol. i. p; xvii. K JOHN PRINTZ, GOVERNOR OF THE SWEDES. said knight, all which they would confirm by a solemn oath.1 Peter Jansen." "Appeared before me, Cornelius Tienhoven, secretary in New Netherland, Richard Olossen, (?) who declared, at the request of Mr. Edward Moore, which he is willing to sanction with a solemn oath, that in 1643, Sir Edmund Ployden, knight, residing in Virginia, bought in hihetan, (?) of Philip White, the half of the bark which is now owned by Peter Laurents and Mr. Throckmorton, besides 2 hogsheads with flour ; all which they declared to be true. Done 7th July, 1644, in Fort Amsterdam, in New Netherland. Richard Olessen."2 (?) Winthrop, in his journal, says, in 1648, " that here, (Bos- He arrives ton,) arrived one Sir Edmund Plowden, who had been in in Boston. yirginia about seven years. He came first with a patent of a county palatine for Delaware Bay, but wanting a pilot for that place, he went over to Virginia, and there having lost the estate he brought over, and all his people scattered from him, he came hither to return to England for supply, intend ing to return and plant Delaware, if he could get sufficient strength to dispossess the Swedes."3 In a Dutch work, published in 1650, it is said, " We must Notice of sir now pass to the South River, called by the English, Delaware Edmund by Bay. We cannot omit to say that there has been here, (New an earlv Dutch work. Netherlands,) both in the time of Director Kieft, and in that of General Stuyvesant, a certain Englishman, who called himself Sir Edward Plowden, with the title of earl palatine of New Albion, who claimed that the land on the west side of the North River to Virginia, was his, by gift of King James, of England, but he said he did not wish to have any strife with the Dutch, though he was very much piqued at the Swedish governor, John Printz, at the South River, on account of some affront given him, too long to relate. He said that when an opportunity should offer, he would go there and take possession of the river. In short, it amounts to this, according to the claims of the English, that there is nothing left for the subjects of their High Mightinesses."4 In the journal of Heermans, who was sent to Maryland 1 Albany Records, vol. iii. p. 224. 2 Ibid. p. 224. 3 Winthrop, vol. ii. p. 325. " Vertoogli von N. Nederland, translated by Hon. Mr. Murphy, for a forth coming vol. ii. N. S» of N. Y. Hist. Soe. Memoirs, with the perusal of whicli we have been politely favoured by the librarian, in advance, p. 324. PETER STUYVESANT, DIRECTOR-GENERAL. HI in 1659, with others, on a mission, he says, "that Edmund 1648. Plowden made, in former days, a claim on Delaware Bay, ' ' ' and that the one pretension had not been better supported than the other,"1 (alluding to claim by Maryland ;) and again, Notice of in their declaration, they say to Lord Baltimore, that he has g™,.^,,, not so much title "as Sir Edmund Plowden, who then, in andwai- former time, would make us believe he hath unto,, when it afterwards did prove, and was found out he only subreptiff and obreptiff hath something obtained to that purpose, which was invalid."2 In the same journal, it is stated, " that Plowden had not obtained a commission, and was thrown in jail, in England, for his debts. He (Lord Baltimore) acknowledged, however, that Plowden solicited from the king a patent of Novum Al bion, which was refused, whereupon he addressed himself to the Viceroy of Ireland, from whom he obtained a patent, but it was of no value at all."3 It will thus be seen, that even at that early day, the pro ceedings and claim of the earl were viewed with suspicion and distrust. We will now refer to some of the late writers relative to opinions of the subject; and first, to "an examination of Beauchamp Plantagenet's description," &c, by John Penington, published in part i. of volume iv. of Memoirs of the Historical Society of Pennsylvania, pp. 134 to 165, 1840, who has entered more fully into the consideration of this claim than perhaps, and prior to, any other. It is designated by a distinguished writer of New Jersey,4 as " a very caustic and shrewd examination of Plantagenet's pamphlet," and " would seem to prove that the whole story, with the embellishments of Evelyn, was a mere speculative trick, somewhat akin in design to the fair lithograph maps of city lots, primeval forests or unreclaimed marshes, which we have seen in our day exhibited to invite settlers and purchasers to the new El Dorado."5 In the London Gentleman's Magazine, volume" xiv. N. S., for August, 1840, p. 164, an English writer reviews Mr. Pen- ington's examination, and takes an opposite view of the sub ject, and endeavours to prove its reality, by showing, from 1 Albany Records, vol. xviii. p. 349, &c. - N. Y. Hist. Soe. Coll. vol. iii. p. 379. Declaration of Heernians and Wal- dron, from Md. Records, furnished by Bozman. 3 Albany Records, vol. xviii. p. 369, quoted in Murphy's Notes to Vertoogli. * King's Address before N. J. Hist. Soe. 1845. s Jbid. General re sult. No trace of a settlement. JOHN PRINTZ, GOVERNOR OF THE SWEDES. Burke's History of the Commons, volume iii. p. 250, the regular lineage of the earl, and that in a will of the cele brated lawyer, Serjeant Plowden, our knight is identified as " Sir Edmund Plowden, earl palatine, governor and captain- general of the province of New Albion, in America ;" the will is dated July 29, 1655. He sums up his argument by saying, " it is clear to us that the pamphlet was issued with the consent, and probably at the procuration and charges of Sir Edmund Plowden ; that he had actually obtained a patent under the seal of England or Ireland ; considers it as analo gous to that of Lord Baltimore, which may have served as a precedent for the language, and that Sir Edmund was pre vented from taking possession of his principality by the pre vious occupation of a colony of Swedes and Dutch." He admits the name of Plantagenet to be fictitious, but the places and genealogy real ; clearly identifies Master Evelyn as second son of R. Evelyn, of Godstone ; and that he had resided with his uncle Young for several years, on Delaware or Charles River, and died in the West Indies. Mr. Mickle, in his reminiscences of Gloucester, and Dr. Mulford, in his History of New Jersey, have both devoted considerable attention to the subject, especially the former, who " considers the attempt to erect a palatinate on the De laware as real." See also Whitehead's East Jersey, C. King's Address before New Jersey Historical Society, Bancroft's United States, Gordon's New Jersey and Pennsylvania, Bar ker's Sketches of Settlements on Delaware, Smith's New Jersey, &c. In a note by honourable Mr. Murphy, to a translation of Vertjoogh,1 before referred to, he enters at considerable length into a consideration of the claim to Long Island and New Jersey, and communicates some facts to show that there are still existing in Maryland, descendants from the family of Plowden. From what has been said respecting the persons and grants, of their reality, and actual presence in this country, it is pretty certain that no .positive traces of the settlement are at present to be found, whether at Pensaucken, Salem, or Fort Eriwomec, on Long Island, in Virginia, or Maryland ; and " it remains for the researches of the Historical Society to establish where their settlement was, if it existed at all."2 1 Vertoogh, note, page 323, N. Y. Hist. Soe. Coll. vol. ii. N. S. * King. PETER STUYVESANT, DIRECTOR-GENERAL. 113 1649. Peter Stuyvesant writes to Hudde the following letter, May 23. which shows the further encroachments of the Swedes. "I Letter from saw with no less surprise than regret, by your very kind let- ^^T' ter of 19th May, the bold enterprises of the Swedes in pur- Purchases chasing the lands all around the company's Fort Nassau, from arOUId port which we cannot prognosticate any good to the company, Proves of reflecting on their former impertinent anticipations, by en- Hudde's pur- croaching on the lands purchased and in possession of the jortNassau. company on the Schuylkill ; which makes me fear that it will not stop here, and what I shall apply as a remedy I do not know indeed, but you may see from the enclosed extract, that even our limited powers were further circumscribed by parti cular circumstances, as otherwise, wherefore we cannot but highly approve that your honour purchased all the lands above the fort, and are very well pleased with it. I expect to be informed by your next, of the quantity and quality of the payment due, which, if these had been specified in your last, I would have endeavoured to find means for these pay ments, which I now must delay till your further orders." " The request of Thomas Swen and other freemen, who are residing in your honour's jurisdiction and that of the West India Company, were desiring to purchase above the fort, and to move thither with their families, and I cannot discover any reason why in this they should not be indulged ; wherefore, as soon as the transfer of these lands shall have been made to your honour by the natives, the proprietors of the soil, then I will procure them letters-patent, in confirmation of their title." The letter then speaks of " the plans of the Swedes to create impediments to the back part of the North River, above the fort, and to cut off our intercourse and commerce with Fort Orange," and continues, "that my remonstrances against the sinister views of the Swedes, and my sincere de sire to prevent these, would be unacceptable, never struck my mind, because I presumed that you were principally sent thither for the purpose, and was by oath and duty bound to protect and maintain, to defend the rights and authority of the company, by all honourable and equitable means, and it is my express command that you will continue, as you did before, to follow the same track. I can believe, at the same 114 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1649. time, very well, from my own experience, that there is some- ' — ' — ' thing in it, as we ourselves have, for similar faithful services, been rebuked, yea, often reproached and slandered, even by stuyvesant those who might have supported us ; nevertheless, this neither rather*16' ought or shall move us to act and serve in another way, as sharply. we are in honour and duty bound. An act of consent and maintenance shall be granted to freemen, provided that they conduct themselves as our other subjects, to take the oath of allegiance to our sovereigns and patrons. We cannot but approve, as good and expedient, your last proposal to pur chase all the land, from the Narratikon kill to the bay, while Approves of the savages offer it for sale, and by this others might be pre- buyTand ° vented from becoming owners ; but you will take good care, from Narra- that in the transfer, the usual circumstances and solemnities tikon to the ' hay. are observed, and that these are well and correctly written, and signed by as many as can be obtained, viz. Christians who are not in the service of the company."1 The foregoing letter follows an explanation, by Hudde, Explanation dated May 16, 1662, of a patent, and is certified, by W. Hudde, of Beekman, to be a correct copy of the original. The explana> ' " l""""s tion seems to be a. history of some events which occurred in connected cha^o?"1" **"s or t^le preceding year. It begins by saying, "it is then so, lands above sir, that Thomas Swen, (or Broen,) having obtained, in 1648, from the director-general, an act of consent that he might take possession of the Mantes Corner, being a spot about half a mile below the destroyed Fort Nassau, and reside there ; which act the aforesaid Thomas Swen communicated to Johan Printz, (former Swedish governor,) and solicited his assistance in constructing his building, and otherwise, which was promised him by said Printz, but in lieu of assisting, the aforesaid Mantes Corner, with the adjoining lands down wards, were actually purchased by his honour, and a post, with the arms of the crown, erected upon it, by which the possession of the aforesaid Broen"2 was prevented. Aerelius says, these lands extended from Mantua's Hook to Narrati kon, now Raccoon River, which Printz purchased, upon dis covering the designs of the Dutch. He offered to Broen the privilege of settling there under the Swedish jurisdiction.3 This transaction is placed by Aerelius under 1646, which 1 Albany Records, vol. xvii. p. 273, and vol. xii. p. 526. a Ibid. vol. xvii. p. 271, Hudde's Explanation. 3 Aerelius, p. 411. PETER STUYVESANT, DIRECTOR-GENERAL. 115 must be an error, as Stuyvesant was not then in the country.1 1649. This explanation continues, "And whereas the aforesaid ' ¦ ' honourable Printz endeavoured to purchase the lands at the east side, above the aforesaid Fort Nassau, so far asMesche- kesuins,2 for which end he made great efforts among the savages, but whom he could not persuade to second his views. In the meanwhile, a warning was given by the savages, of the intention of the honourable Printz, as also by the free men residing on the river, who owed allegiance to the West India Company, who too complained, that as John Printz pretended a right on the whole right side, and actually took possession of a spot of about 50 feet square, on the Schuyl kill, which was in possession of our nation, and without these precincts no one dared to cultivate one single foot of land, or it was ruined by the Swedes, except as in so far they were tolerated, and so protested, by said Printz, succeeded in pur chasing the river side to the east ; then they would be locked up so much within these parts of the Schuylkill, that they must be induced to abandon it too, when finally, nothing should be left them remaining except the corner on which Fort Nassau was, which place being of little use, if any, would not be inhabited by any individuals ; neither would the beaver or free merchants, coming, from the Manhattans, ob tain from the savages one single beaver, but be compelled, if they would navigate the river and trade in it, to trade with the honourable Printz, which trade in beaver with the savages at present amounts to thirty, forty, and "more thousand bea- value of vers, during a single trading season. They would be com- Ters6m pelled to abandon entirely their trade on the river, and lose the prospect of obtaining any compensation for their expenses ; and while the aforesaid honourable Printz urged the savages to gratify him in this respect, and they no longer could find any excuses to keep him any longer in suspense, they pro tested that if we, by this negotiation, were compelled to abandon the river, it should not be through their fault ; that they were ready to sell the land above Fort Nassau, on which the free merchants solicited, whereas, as observed, this affair would not admit any further delay, and through the urgent ' O'Call. vol. ii. p. 165, note. 2 Vertoogli, p. 283, speaks of a place, " Maghchaehansie, near the Sanki- kans," which may be the same as the above. Campanius speaks of Mecha- kanzijaa, or Mechansia Sippus, on the Jersey side, probably Crosswick's Creek. Murphy, Campanius, p. 83. JOHN PRINTZ, GOVERNOR OF THE SWEDES. and importunate entreaties of the aforesaid Governor Printz, to avoid or prevent any further losses which otherwise might become unavoidable, that I should resolve to purchase the offered lands in behalf of the company. But as this was be yond my power, by want of means, so they offered to take their payment in cargoes, and requested to be permitted to purchase these, under the declaration made on the 6th April, 1649, that they were willing to transfer the whole of their lands to the company, when the money advanced by them should have been returned, and that then they should have the preference in the choice of the lands, on which they were then residing, and become the legal proprietors of them, by a transfer of the company on their behalf, and as we had no distant prospect, or any other more favourable issue, and the case did not admit any other delay, so I was compelled to comply with their proposal and request ; and as they further solicited that I would contribute my share into it, so did I deem it a duty to comply with their wishes, as I could not perceive that it might be, in any respect, injurious to the company. The persons who purchased the lands on the aforesaid conditions, and whose names were expressed in the Names of letters-patent, were Simon Root, Cornelius Mauntsen, Peter rented in'nte" Harmens, Andreas Hudde, Sander Boyer, and David Davit- purchase. serl) but Cornelius Mauntsen transferred his claim to Harmen Jansen, which aforesaid persons, except Andreas Hudde and David Davitsen, went directly thither, and purchased the lands at the east and west side ; of which purchase, and the names of the lands, further cognisance may be taken from the letters-patent and transfers whicli were then made of it, and which have been deposited in the secretary's office in New Amsterdam, so too the names of the chiefs and sellers; of all which I directly despatched a messenger to his honour, and informed him of every thing which has occurred, of all which, with his honour's answer, I endorsed a copy on 7th September, 1651, which I then transmitted; and whereas, this business remained in the same situation, without any thing further being done in it, so is it that the purchasers solicited and renewed their requests more than once, that the transfers, for tlieir security, might be made to them, to which I never could resolve, as it was my opinion that these letters- patent were not at all concerned in this transaction, and that sooner or later their advances should be reimbursed to them; PETER STUYVESANT, DIRECTOR-GENERAL. 117 at which they at last, as they could obtain the original, re- 1649. quested that it might be permitted to each of them indivi- ""^ Y ' dually to obtain a particular act, signed by the savages; to which I answered, they might do in this as they deemed pro per, provided no infraction was attempted of this transaction, in conformity to the aforesaid conditions, viz. at the final disposal of the company. Thus it remained without any fur ther consequences till 1655, when, by orders of the director- general, a special valuation. of the amount of the purchase- money was delivered to Cornelius Tienhoven, at that time attorney-general, on which it followed among others."1 " Lieutenant Swen Schute, with his men fully armed, not withstanding the friendly remonstrance and just protestation further hos- of the Dutch, destroyed, with forcible hands, the materials the swedes brought on the Mastmakers' Point for building, and ruined towards the altogether the foundation logs that were laid," and Cornelius schuyikm. Maunsen was compelled by them to move from the Mast makers' Point, although being on the ground allotted to him by legal license and proper authority.2 The vessel of Juriaen Plancke was forcibly stopped by June. Governor Printz, and prevented from continuing her voyage, f^^by She was called the " Sea-horse."3 Printz. A certain Jacob Loper " petitions the director-general and council for permission to go to South River with a hired juneii. barque and cargo," which gave rise to some discussions in Petition to that body. It appears he had married the daughter of Cor- j™^™8^ nelius Meylin, " who had summoned the director and council, River, re- by a writ, to appear. in the Hague, or to send deputies. there, 1!Xl'' at the stated date, to defend the judgment against Meylin." It is decided against the petition, one member in favour of it, two others having "some scruples," and the director- general deeming it "improper."4 The following correspondence appears to have taken place between Governor Eaton, of New Haven, and Governor June it. Stuyvesant, after the arrival of the latter. It relates to the injuries received by the English from Governor Kieft, against which frequent protests had been made, and whether the recognitions at Manhattans were to be enforced. Stuyvesant appears to justify the course of Kieft, supposing that he acted upon warrantable grounds. I Albany Records, vol. xvii. p. 271. 3 Ibid. 2 Holl. Doc. vol. iii. p. 59. 4 Albany Records, vol. vii. p. 246. JOHN PRINTZ, GOVERNOR OF THE SWEDES. "The commissioners," says Eaton, "but conceive and con clude that the states you serve will approve and commend a just carriage and correspondence towards all the English T.Eaton to colonies, and certainly in such cases of righteousness, the p. stuyve- t t f England will desist, and walk with them. We have sani^ inquir- "¦""""' "*¦ & ? , . . ing what is formerly protested against Monsieur Kieft s injurious course turt'e^ptct- at Delaware, and also when, as you have been informed, our mbjedfof rights there, as well known, not only to the English but to duties, &e. the Dutch, and Swedes, and Indians. We never claimed, nor do we desire to possess a foot of land to which you can show any just title, but we may neither lose nor let fall the English interests and claims in and to what we have pur chased and paid for in those parts. * * * But I wish to be further certified, whether, on their trading at the Manhattans, or on their passing by, to and from Delaware, Virginia, &c, we may expect, a full freedom from all recognitions, imposi tions, and charges, by what name soever called, both for goods imported and exported, or what duties, restraints, or confiscations they must pay and submit to, and upon what grounds, that the merchant going his ways may walk safely, and the commissioners may order their counsels and courses accordingly, as they write to you from Plymouth, Septem ber 26, 1648. Yours, in all offices of love, " Theo. Eaton."1 Governor Stuyvesant replies, " Concerning your protests July 2. against my predecessor, Monsieur Kieft, about some passages p. stuyve- at the South River, called Delaware, I doubt not but what he Eaton! in- did was uPon warranted grounds, and made you a sufficient ktw'thfor!1* answer 5 but concerning our right there, and of my intentions ders of his of maintaining it, I have always written to the governors of mastora- the Massachusetts and Plymouth, who I suppose will ac quaint the commissioners with it. " Whereas you write to me concerning your countrymen's trading here, and passing to and from Virginia and Dela ware, &c, I have further orders from my sovereigns and masters, and am not to be responsible to any but them, nor regulated by any but them. Your assured friend, "Peter Stuyvesant."2 At a meeting of the commissioners of the United Colonies, August 2. at Boston, the inquiry was proposed, by Governor Eaton, on 1 Albany Records, "Letters in Peter Stuyvesant's time," 1647 to 1664, vol. i. 2 Ibid. PETER STUYVESANT, DIRECTOR-GENERAL. 119 behalf of New Haven, " what course might be taken for the 1649. speedy planting of Delaware Bay ; the title some merchants ' ¦ ' at New Haven have, by purchase from the Indians, to con siderable tracts of land 0% both sides of this river, was Proceedings opened," and the proceedings of the commissioners at a for- q^I^I^ mer meeting, in 1643, were read and considered. " A writing settlement delivered into New Haven court, by Mr. Leech, concerning the healthfulness of the place, the goodness of the land, conveniency of the lesser rivers, with the advantage of a well-ordered trade there, was also perused. The commis sioners with the premises, considering the present state of the colonies, the English, in most plantations, already wanting hands to carry on their necessary occasions, thought fit not to send forth men to possess and plant Delaware, nor by any public act or consent to encourage or allow the planting thereof; and if any shall voluntarily go from any of the colonies to Delaware, and shall, without leave and consent , from the merchants at New Haven, sit down upon any part or parts of their land there, or in any other respects shall be injurious to them in their title and interest there, the colonies will neither protect nor own them therein ; the New Haven merchants being, notwithstanding, left to their just liberty to dispose, improve, or plant the land they have purchased in those parts, or any part thereof, as they shall see cause."1 A letter was written by the commissioners of the United August ie. Colonies to the governor, Stuyvesant, on various subjects of complaint ; among others, on the Delaware, in which they say, " we have perused what by way of answer you wrote the governor of New Haven, concerning Delaware Bay. We have formerly heard and considered the right and title our confederates of New Haven have to sundry tracts or parcels of land within Delaware Bay, by you called the South River, with the injuries they received from your predecessor, Mon- Bieur Kieft, in anno 1643. Mr. Winthrop, governor of the Massachusetts, and president of the commissioners, wrote the apprehension and sense the commissioners had of his pro ceedings, received his answer, but without satisfaction ; our friends of New Haven will neither encroach upon your limits, nor any way disturb your peace, but they may not let fail the English right and interest there."2 1 Hazard's Coll. vol. ii. p. 127. Trumbull's Conn. vol. i. p. 184. Records of the United Colonies. 2 Hazard's Hist. Coll. vol. ii. p. 133. 120 JOHN PRINTZ, GOVERNOR OF THE SWEDES. Sept. 23. GovernorStuyvesantarrives at Hartford, to meet the commissioners. Cor respondence with them. Agrees to a reference. Sept. 28. N. S. His arbitra tors, and commissionto them. English ar bitrators, and their commission. 1650. After various solicitations from the New England commis sioners, Governor Stuyvesant,, concluded to meet them at Hartford, where he accordingly arrived, and opened a corre spondence with them in writing, to avoid " all inconvenience from speaking," which was for some days continued, chiefly in relation to their own difficulties, occasionally touching upon Delaware affairs. After settling as many points in this way as they could, others presented which could only be arranged by the aid of disinterested friends of each party ; an arbi tration was therefore mutually agreed upon, Governor Stuy vesant, commissioned, in writing, Captain Thomas Willett, and Ensign George Baxter, " to treat and agitate with the commissioners of the United English Colonies, giving and granting them full power and authority _to join with other two, deputed by the English commissioners, and with them to treat, agitate, and examine all or any difference betwixt the. two nations in these parts, and absolutely, by the joint con currence of the other two deputies, to end and determine them, according as they, in their wisdom and integrity, shall think just and right, with power to enter into such terms of accord for provisional limits, and league of love and union betwixt the two nations in these parts, as to them shall seem expedient, ratifying and confirming, and by virtue of these presents, will stand bound to ratify and confirm whatever my said deputies shall agree to on my behalf, according to such directions and instructions as we have given them." The New England commissioners, on their part, " by virtue of letters-patent granted by the kings of Great Britain, under the great seal of England, for all New England lying in that part of America, from north latitude of 40 to 48 degrees, and according to the confederation formerly made, and a full power this year given by the four general courts of the Mas sachusetts, Plymouth, Connecticut, and New Haven, to the present commissioners, by which they are enabled to treat and conclude in matters of public concernment, that former and late grievances betwixt the honoured governors or agents for the High and Mighty States of the United Belgic Pro vinces, in such parts of America as are possessed or justly belonging to the said high and mighty, &c, and the Eng lish colonies, may be duly composed, and a just and neigh- PETER STUYVESANT, DIRECTOR-GENERAL. 121 hourly correspondency settled. Confiding in the integrity and 1650. sufficiency of our worthy friends, Mr. Symon Bradstreet and ' ¦ ' Mr. Thomas Prence have, and do hereby entreat and dele gate them to agitate, treat, and conclude with the deputies appointed, &c, by Peter Stuyvesant, Esq., the present honoured governor of the province of New Netherland, to consider and compose all differences, to agree and conclude provisional limits in all places where there is a question of title or bounds, a course for ordering or returning fugitives, and settling a just correspondency, ratifying and by these presents confirming what our said deputies, according to directions and instructions given, shall agree and conclude in the premises, or any part thereof." The arbitrators, being thus duly commissioned, met, and Sept. 29. "upon. a serious examination and consideration of the parti culars committed to reference, delivered in their award," from which we extract what relates to our subject. 1. "Upon serious consideration of the differences and Award of grievances propounded by the two English colonies of Con- J^™^" necticut and New Haven, and the answer made by the hon- stuyvesant oured Dutch governor, Peter Stuyvesant, Esq., according to witn proofs. the trust and power committed unto us as arbitrators or AfuUdl!oi- ... t. 8i ™" Cornelius Mauntsen, Symon Root, and Philip Jan- Ac. Garden sen, on their reasonable request for some land to sow some m1e*™^°Te" garden truck, had, by consent of the clerk, assigned them a stroyedby small spot of land behind the fort, where the sowing was effected. An express sent by Printz completely ruined it, and the improvements that were put upon it for the preser vation of what was sown, publicly burned. " Peter Cornelessen and Regnier Dominicus having been complaints shown a place on the island, were prevented from sowing by Bu°idinS de- *^e Swedes ; tney made preparations for building about the stroyed. middle of April, the foundation logs were laid, the up-and- down posts put up, which were all ruined by them, yes, even every thing cut up for firewood. " A spot of land, by extra license and order of director- sander Go- general, was allotted and measured out, about 22d May, by printed "' Hudde, for Sander Govertsen, Abraham Schaets, and Gerrett from huiid- Hendersen, on the same island. Govertsen brought his boards inir Scg on the ground, but was prevented from building, by H. Huy- gens and Jan Pappegay, fully armed, authorized by Printz, in a forcible manner. " Over this violence and prevention of our most necessary Ask com- matters done to us by the 'Swedes, we that live here, as well pensation for injuries re- as we that come here with our vessels, complain to your ceived. honour, and request becoming compensation for the injuries and damages sustained. Payments ~ refused by " And further, we complain, that Simon Root and Corne- tesancuon lius Mauntsen have likewise been refused payment by the of Printz. Swedish subjects, pretending, as they were his subjects, they charge Swedes with PETER STUYVESANT, DIRECTOR-GENERAL. 125 need not pay; and we likewise declare, that the Swedish 1651. subjects have declared to us, that it has been forbidden by ' ' ' their governor, Printz, to have any transactions whatever with us, and which has likewise appeared at several times."1 " From all these unheard of and insufferable proceedings, Dutch it sufficiently appears that their intentions were to deprive and dispossess the company of the whole of the river ; intention to wherefore the before-mentioned director, Stuyvesant, was „fPt^e em obliged this year to make his personal appearance, to preserve whole river. and protect the company's rights and jurisdiction, and for the maintenance of their subjects. Having arrived there, he The Pre- made known, or caused to be made known to the Swedish fnceof . ¦ Stuyvesant governor, Printz, as well by letters as by deputation, the requested. right the company had in general, in virtue of their first dis- Ho =;rr"re3> ° . . an(l nas com- covery, and the taking possession of the before-mentioned municationa river, and which was confirmed and became indisputable by ^'j^™^ the purchase of several tracts of land, among which was that by posses- of the Schuylkill, which took place many years before the ^t,1^ Swedes arrived there, offering to prove it by land certificates arrival of and authorization papers, requesting Printz, on his part, to ^"^proof produce proof of what lands he or his people had purchased from Prfntz. from the natives and owners, and the authority to possess them. On which merely a simple writing was received, wherein Printz determined the Swedish limits wide and broad enough, yet without any justification or proper proofs, giving prmtz says as an excuse, that all the papers relating to the purchase of bi3Prooft lands were not at hand, but deposited in the chancellery at den. Stockholm, where he says he is sure of having seen them." "That these excuses were entirely divested of truth, ap- printz tries peared shortly afterwards, as the governor, then only, tried to *£™ t^ur- purchase such lands from a certain sachema or Indian chief, land from called Waspang Zewan, as were settled on by his people, and refnTe^aThe that he maintained to belong to his limits, to which the Indian had taken chief was not inclined, and refused, as he said, because the M*m °rcl" Swedes had, for a long time, and against his inclination, and with a forcible hand, kept possession of a part of said lands, lndian3 Pre- . , , . . , . . , . , . ,. sentthe without ever having given mm the least consideration for iandson them ; this the chief declared verbally and in writing, to the both sides *° director, in presence of several credible persons, to whom he fr0m cnris- presented, (for the company,) and gave authority in a proper tmacroekto manner, to inherit and possess for ever the before-mentioned Ho*."7 > Holl. Doc. vol. viii. p. 59 to 65. 12 126 1651. July 19. Confirmed publicly he- fore nume rous wit nesses. Indians deny having ever sold lands to Swedes, ex cept about Christina. Trifling com pensation for the lands. For security, Stuyvesant concludes to build Port Casimir, as Port Nassau is out of the way, which he breaks' up.Printz ob jects, hut they con clude to live in peace. Stuyvesantprepares to return to Manhattan. JOHN PRINTZ, GOVERNOR OF THE SWEDES. lands, creeks, and appurtenances, so unjustly and forcibly possessed by the Swedes, both on the east and western shores, commencing on the eastern from the Narraticonsche, or Rac coon Creek, stretching down the river to Maetsinging, and on the western shore, from a certain creek called Neckatoen- sing, to the westward, along the river to Settoensoene, also called the Minquas Creek, on which is the Swedish fort Christina." " For further tranquillity and security, all the Indian chiefs who lived near the river, and all the owners of the land in the neighbourhood, were summoned by the said director, Stuyvesant, to put some questions to them in the presence of several persons," whose declarations and names are on record.1 The Indians denied having " ever sold or presented any par cels of land to the Swedes, as they pretended, excepting the ground on which Fort Christina is situated, and a certain garden about there, to plant tobacco in ; and they moreover declared, all the land from said fort down towards Bombay Hook, called by them Neuwsings, several miles in extent, they wished to bestow as an inheritance for ever, to the com pany, for which the director very politely thanked them, say ing that he would rather give them a proper compensation for the same, which they then especially and fully accepted. The papers were then properly prepared and signed, the chief, Pemmenatta, only conditioning 'that they should repair his gun when out of order,' and give the Indians, when they required it, ' a little maize.' "2 The land being thus secured, for further security, and to remove all possible pretensions the Swedes might make there for, the said director found it necessary, for the safety of the company's jurisdiction, and protection of their subjects, to build another fort, " as Fort Nassau was too far up, and laid too far out of the way ;" he therefore concluded to break up Fort Nassau, and choosing a reasonably well adapted place-, (on the company's own ground,) about one mile (Dutch) from the Swedish Fort Christina, which fort was called Casimir ; being finished, and provided with people as opportunities offered, the director made preparation for his return to Man hattan. Previously, however, to his departure, he had several conversations with Governor Printz, " wherein they mutually promised to cause no difficulties or hostility to each other, 1 See them in O'Call. vol. ii. p. 106. 2 Ibid. PETER STUYVESANT, DIRECTOR-GENERAL. 127 but to keep neighbourly friendship and correspondence to- 1651. gether, and act as friends and allies,"1 although the erection ' — ¦ — ' of this fort was protested against by Printz. The location qf Fort Casimir was near the present town Location and of New Castle, a short distance north of it, and it is believed °aT^ °f J ' lore Casi- can be correctly ascertained at this day, from the ground, as mir. well as by the records, describing lots around it. It soon became a very important point. Whence it derived its name does not appear, and excited the surprise of the company when they heard of it, being rather a Swedish than a Dutch name. In consequence of the agreement entered into last year, sept. 14. between the Dutch and English, and the mutual profession a party of of future harmony and peace, a number of families, during flftyB°es . . 1 . . ° from New the last winter, were making preparations to settle on the Haven to De- Delaware. In March of this year, all arrangements being iaTOre>but made, about fifty men from New Haven and Sotocket hired a and m- vessel to transport themselves and their effects to that part ^^*tfn of the country. They were furnished, by Governor Eaton, with a commission, as well as with a friendly letter from each of the governors of New Haven and Massachusetts, to the Dutch governor, acquainting him with their design, and assuring him that, according to the agreement, they would confine their settlements to their own lands, and in no ways trouble their neighbours. On their arrival, however, at Man hattan, which they might have avoided, and delivering their letters to Stuyvesant, very much to their surprise, the bearers of the letters were immediately arrested, and kept under guard as close prisoners, and the residue of the company ill treated, as appears by the following petition of the parties to the commissioners. " To the honoured commissioners for the United Colonies, Petition of now assembled at New Haven : — The humble petition of Jas- the v*f*'h, r # . presented af- per Graine, William Tuttill, and many other the inhabitants ter their re- of New Haven and Sotocket, humbly showeth, that whereas ^™m|80si^. divers years since, several merchants and others of New Ha- ers. ven, with much hazard, charge, and loss, did purchase of the Indian sagamores and their companies, the true proprietors, several large tracts and parcels of land on both sides of Delaware Bay and River, and did presently begin to build and to set up factories for trade, and purposed to set up plan- 1 Holl. Doc. vol. viii. p. 32 to 50. 128 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1651. tations within their own limits, whereby the gospel also might ' — ¦ — ' have been carried and spread amongst the Indians in that most southerly part of New England, and the United Colonies might before this- time been enlarged, with conveniency both for themselves and posterity, had not the whole work, by hostile and injurious opposition made both by the Dutch and Swedes, been then hindered. " And whereas your petitioners, straitened in the respective statement of plantations, and finding this part of the country full, or mert'by'the affording little encouragement to begin any considerable new Butch go- plantations for their own comfort and conveniency of pos terity, did, upon a serious consideration of the premises, and upon encouragement of the treaty between the honoured commissioners and the Dutch governor, the last year, at Con necticut, by agreement, and with consent of the said mer chants and others, resolve upon a more difficult remove to Delaware ; hoping that our aims and endeavours would be acceptable both to God and to his people in these colonies, being assured our title to the place was just, and resolving, (through the help of God,) in all our carriages and proceed ings, to hold and maintain a neighbourly correspondence both with the Dutch and Swedes, as was assured them both by the tenor of the commissions, and by letters from the honoured governor of this jurisdiction ; to those ends, and with these purposes, preparations were made in the winter, a vessel was hired, and at least fifty of us set forward in the spring, and expecting the fruit of that wholesome advice given at Hart ford the last year, in the case by the arbitrators jointly; those chosen by the Dutch governor concurring in it, we went to the Manhattoes, which we might have avoided, and from our honoured governor presented a letter to the Dutch governor, upon perusal whereof, (without further provocation,) he arrested the two messengers, and committed them to a private house, close prisoners under a guard ; that done, he sent for the master of the vessel to come on shore, as to speak with him, and committed him also ; after which, two more of the company coming on shore, and desiring to speak with their neighbours under restraint, he committed them as the rest, then desiring to see our commissions and copy them out, promising to return them the next day; though the copies were taken, and the commissions demanded, he refused to deliver them up, and kept them, and the men imprisoned, PETER STUYVESANT, DIRECTOR-GENERAL. 129 till they were forced to engage, under their hands, not then 1651. to proceed on their voyage towards Delaware, but with loss ' ' ' of time and charge, to return to New Haven, threatening, that if he should after find any of them in Delaware, he would seize their goods, and send their persons prisoners into Holland, and accordingly they returned, though their damage thereby, as they conceive, doth amount to above £300 ; all which your petitioners refer to your wise and serious consi deration, and being assured you will have due respect to the honour of the English nation, which now suffers by this in jurious affront, taken notice of by all the neighbouring Indians, they humbly desire that some course may be agreed and ordered for the due repair of their losses, satisfaction for their unjust imprisonment, with liberty and encouragement to improve their just rights in Delaware for the future, to which purpose they further humbly offer to consideration, " 1st, That Delaware, in the judgment of those that have often and seriously viewed the land, and considered the cli mate, is a place fit for the enlargement of the English colonies at present, and hopeful for posterity, that we and they may enjoy the ordinances of Christ, both in spiritual and civil respects. " 2d, They fear that if the English right be not seasonably vindicated, and a way opened for the speedy planting of De laware, the Dutch, who have laid already an injurious hand both upon our persons and rights, they having, (as is reported,) lately begun a new fortification and plantation upon our duly purchased lands, will daily strengthen themselves, and by large offers, draw many of the English to settle and plant under them, in so hopeful a place, which will not only be dishonourable to the English nation, but inconvenient to the colonies, and of mischievous consequences to the persons who shall so settle, in reference to that licentious liberty there suffered and practised. "3d, As the petitioners have not in their eye any other AsktheaM considerable place within the limits of New England, either ^s'^™^ for the enlargement of the colonies at present, or for comfort and conveniency of posterity, so if the Dutch may thus openly oppose us in our persons and rights, if they may plant and fortify upon the land which themselves, the English, Swedes, and Indians know to be ours; it may encourage them to encroach and make further hostile attempts upon 130 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1651. some or other of the smaller English plantations, to bring ' — ' — ' them under their government, and may animate the Indians, with whom the Dutch ingratiate themselves by a large, con stant, mischievous trade in guns, powder, and shot, to despise and make assaults upon us ; wherefore they again humbly entreat your advice, with seasonable and suitable assistance, according to the weight and import of the case, that all your consultations and labours may tend and issue in the honour of Christ and welfare of the colonies." " The foregoing petition being presented and read, the commissioners took into serious consideration the contents thereof, and what was to be done therein. " They considered the English right to Delaware by patent, the right of the merchants and other inhabitants of New Haven to certain tracts and parcels of land there by pur chase, the injury done them by the Dutch, both formerly and this last summer, in their hostile and forcible proceeding against them, as the petitioners relate, and the great affronts thereby given to the English nation, the insolency of the Dutch, and the contempt it is like to bring the English into among the Indians, if some speedy course be not taken to prevent it, by righting the oppressed. " As also the commodiousness of the place for plantations, and how prejudicial it may be to the English in these parts, if it should be planted by enemies, or people of another na tion, not being unmindful of the strait accommodations of many in several places, and the benefits of trade with the Indians in Delaware, if prudently managed. " They , likewise considered what had passed betwixt the Dutch governor and the commissioners the last year, at Hart ford, and that advice given by the delegates of them, both for the quiet and peaceable improvement of their several rights in Delaware, till the aforesaid difference shall be determined in Europe. " The commissioners, upon these and several other consi derations, thought meet to write to the Dutch governor, to protest against his injurious proceedings, to assert the English right, and to require satisfaction for the damage done to our friends and confederates of New Haven ; and to declare unto the petitioners, in way of answer to their petition, that how ever we think it not meet to enter into a present engagement against the Dutch, choosing rather to suffer injuries and PETER STUYVESANT, DIRECTOR-GENERAL. 13] affronts, (at least for a time,) than in any respects to seem 1651. to be too quick, yet if they shall see cause again to endea- ' ¦ ' vour the planting of their fore-mentioned purchased lands in Delaware, at any time within these twelve months, and for that end shall at their own charge transport together 150, or at least 100 able men, armed, with a meet vessel or vessels, and ammunition fit for such an enterprise, all to be allowed and approved by the magistrates of New Haven jurisdiction, Encourage- or the greatest part of them, that then, in case they meet men* h°w with any hostile opposition from the Dutch or Swedes, while petitioners. they carry themselves peaceable and inoffensively, that may call for further aid and assistance, the commissioners do agree and conclude that they shall be supplied by the several jurisdictions, with such a number of soldiers as the aforesaid commissioners shall judge meet, they the said plaintiffs bear ing the charges thereof, for the true payment whereof, the purchased lands and trade there with the natives shall be' en gaged till it be satisfied, provided also, and it is agreed, that such persons as shall transport themselves to the aforesaid lands in Delaware, either out of New Haven colonies or any of the other three, shall be and remain under the government and jurisdiction of New Haven till the commissioners of the United Colonies shall otherwise order the same." The following is their letter to the Dutch governor : "Much honoured sir — Before we parted last year at Hart- Letter to the ford, you gave us hopes of a comfortable meeting at New Dutc&s°- p */ o a o vernor. Haven this year, what directions you had from Europe, to maintain peace and neighbourly respects with the English in America, you then showed and best know what other com missions you have since received ; but all the colonies take notice that now you walk in contrary paths ; you told us of a protest you must make against such as should plant or im prove (though but their just rights) on Delaware ; we saw no cause for that, but know that both your predecessor and yourself had, without cause, formerly protested against some of the colonies, but in yours, dated April 11th, 1651, stilo novo, sent to the governor of New Haven, we observe you threaten force of arms and martial opposition, even to blood shed, against such as shall go about to improve what they have proved to be justly theirs in Delaware, and yet show no more of any just title you have thereunto than you did at Hartford, which left all the delegates, both for the English 132 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1651. and Dutch, therein unsatisfied : in the said protest you also Wv~- affirm that the planting, &c. of Delaware by the English in terest, is contrary to the provisional agreement made betwixt yourselves and the commissioners for the English colonies, which we marvel at, those records clearly expressing the contrary."1 A letter was written by the commissioners, to Edward Winslow, who at this time appears to have been acting as an agent for them in London, in which they speak of the preced ing transactions of the Dutch in the following terms : " We understand Mr. Eaton hath at large written to you about their just title to considerable parts of land on both sides of Delaware Bay and River ; how they were formerly disturbed in tlieir trade and planting, by force and other un lawful practices, both of Dutch and Swedes, yourself may remember, and he hath acquainted you with a late unneigh bourly and injurious carriage of the Dutch governor, when at least fifty of the New Haven jurisdiction were on their way to plant there, but were stayed, imprisoned, and forced to return, with great loss to those* interested in that design ; and hath desired your help in procuring a patent. These things, by a petition from those concerned, have been recommended to our consideration. We are justly sensible of the dishonour put upon the English nation by this unjust affront, of our duty to preserve the English title to so considerable a place as Delaware, and that a just repair and satisfaction be made to those so wronged, both in their persons and estates, and from you desire information what esteem the old patents for that place have with the parliament or council of state, where there hath been no improvement hitherto made by the pa tentees ; whether the parliament hath granted any late patents, or whether, in granting, they reserve not liberty and encouragement for such as have or shall plant upon their formerly duly purchased lands, as also how any engagement by the colonies against the Dutch, upon the afore-mentioned occasion, will be resented by the parliament, of which we de sire information by the first."2 Does not the inquiry here proposed appear to imply that no improvements had been made by the English heretofore? The people at New Haven persisted in their purpose of October. making, if possible, a permanent settlement upon their lands 1 Hazard's Hist. Coll. vol. ii. p. 195. 2 Ibid. p. 181. Sept. Letter from the NewEng- land com missionersto Edward Winslow, in London, in forming him of the late transactions ofthe Dutch, and asking information respectingpatents, &c. PETER STUYVESANT, DIRECTOR-GENERAL. 133 on Delaware ; satisfied that it was of great importance to have 1651. for their leader a man of known courage, and military skill ' — ¦ — ' and experience, they applied to Captain Mason, to remove with them to Delaware, and take the management of the capt. Mason company. The offers to him were so liberal that he was in- ^^ clined to accept them, but his services at home being deemed English. essential by the general court at Connecticut, they unani mously requested he would abandon all thoughts of going to Delaware, to which he yielded, and the design was aban doned.1 1652. The directors of the company in Amsterdam were not pre- April 4. pared to receive the news of the demolition of Fort Nassau, the erection of Fort Casimir, or even that Director Stuyve sant contemplated a visit to the Delaware, and express their surprise in the following letter, dated April 4, 1652. "Your journey to South River, and what has passed there Letter from between you and the Swedes, was to us very unexpected, as tf^estnT you did not give us, before, so much as a hint of this your aia Co. to p. intention. God grant that these your transactions may be o^rlceTvln.* crowned with success. We cannot give our opinion upon it tne news of before we have heard the complaints of the Swedish governor 0f FortNas- to his queen, and ascertained how, at her court, these have sau> and • -i ttt- i erection of been received. We hope that our arguments to prove that Fortcassi- we were the first possessors of that country, will be acknow- mi.r' s"r' x # . . prised at ledged as sufficient. But it is, in our opinion, nearly im- both, and practicable to enter here, with the Swedes, into negotiations "J""*311? r 7 . "*e name. upon the limits, much less to arrive at a final conclusion. We Leave it to will not enter upon a discussion, whether the demolition of ^ t„creere(.t Fort Nassau was an act of prudence, as no one could insti- a fort ™ the tute any claim upon it, even if the Swedes made a show of pretence. Time will instruct us of the design of the new- built Fort Casimir. We are at a loss to conjecture for what reason it has received this name. You ought to be on your guard that it is well secured, so that it cannot be surprised. We cannot determine if it is required to erect any fortifica tions on the east side, opposite that fort, and must leave it to your discretion."2 The affairs of the company were much embarrassed at this August 4. period, by the expedition to South River last year, and other 1 Trumbull, vol. i. p. 208. 2 Albany Records, vol. iv. p. 73. M 134 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1652. causes, as will be seen by a minute of this date, of the di- ' — ¦ — ' rector-general and council : " Finding themselves much em barrassed by the situation of the company, from several company considerable debts, originating in the heavy expenses incurred much em- i^ t ^ fa expedition to South River; although the barrassed by «' J J- . expedition to debts might be eventually annulled and paid, by the recogni- lastyw^ic. tions, yet then the director-general and council might be pian for disabled to provide the necessary winter provisions for the removingthe . x__ .. n , l r difficulty, garrison, and other ministers ot the company; wherefore said directors and council have deemed it salutary for the state, requisite to the maintenance of the garrison, to keep it under a good control, and crushing mutiny in its birth ; to allow the largest creditors to make payment of the recogni tions which they owe to the company, to the amount of one- half of the just demands, while for the remaining one-half, they shall obtain a certificate, to be paid next year in goods, or to cancel this sum by recognitions, or to receive it in Fa therland, from the 8 per cent, recognitions on the Virginia tobacco."1 August 16. An order is passed to have the several forts inspected, and Forts to be for a fresh supply of ammunition, and a recommendation not SSatStf t0 Place t0° much confidence in the English.2 the English. 1653. Another attempt appears to have been made to reconcile April. matters between the English and the Dutch; the former, at the request of Governor Stuyvesant, appointed three com missioners to repair to Manhattan, principally with reference to their more immediate New England difficulties, not, how ever, entirely overlooking the concerns of Delaware River. But it does not appear that much better success attended their labours than before, for they left Manhattan in haste> rather to the surprise of Stuyvesant. In their letter by the commissioners to Governor Stuyve- hyTwEng- sant' May 2' allusion ia made to the kind of testimony for- landtore- merly taken by the Dutch, for they say, "the agents of c™tteswith Delaware, in Monsieur Kieft's time, made use of Indian rutch go- testimony, in a strange manner, in a case of life and treason."3 mtaionersm' After the messenger had departed, " the commissioners for appointed to Plymouth desired this short following entry should be made: DPOCG6(l to ^^ Manhattan. " Whereas, in the letter sent to the Dutch governor, five ' Albany Records, vol. vi. p. 8. = Ibid. vol. iv. p. 84. 3 See page 73. PETER STUYVESANT, DIRECTOR-GENERAL. I35 or six particulars mentioned as grievances, about Delaware, 1653. before the union of the colonies was made, and any thing ' — ¦ — ' depending thereon, unto which the commissioners for Ply mouth could not consent ; and yet, lest the same might be Plymouth weakened in the eyes of the Dutch governor, for want of "™J^11" their hands thereunto, they subscribed the same, but with consent. liberty to enter their dissent in the records in the book." To this the New Haven commissioners answered : "That two or three of the grievances mentioned in the objections ot letter sent to the Dutch governor, in reference to Delaware, plymontl1 . -T7-. -1 commission- Were done by Monsieur Kieft and his agents, before the com- ers to agree, bination ; they were propounded, proved, considered, and duly t^^Ha! witnessed against by all the commissioners jointly, the com- ven. missioners for Plymouth at that time concurring with the rest, as appeareth by these records, under their hands."1 In a statement drawn up by Major-general Dennison, one statement of a committee appointed for the purpose, alluding to the ofsrieTaIlcc3 * x A ° drawn up. award of the arbitrators in 1650, it is said, " when arbitra tors on both parts chosen, having heard the differences, did in a great part determine the same, and because some of the grievances did arise under the government of M. Kieft, and the present governor not prepared to answer, the delegates on both parts respited the consideration and judgment of them, that the present governor might acquaint the States and West India Company with the particulars." "Since which agreement, the Dutch governor hath pro- Dutch go- tested against a ship of New Haven, with passengers bound ™™* hjg for the Delaware, which also he stopped, as appears by their agreement. declaration ; the delegates at the meeting at Hartford, notwith standing the challenges and pretences of either party to the lands in said bay, [did] not determine the right to either part, but wholly referring the same to be issued and determined by the two states of England and Holland, leaving both parties to plead and improve their just interest." After the return of the commissioners to New England, May 26. the Dutch governor addresses a long letter to the court at Long letter Boston ; he alludes to their assertions " that to this day they from fuJyem . «. santtoNew have received nothing but dilatory exceptions, offensive af- England fronts, and unpleasing answers, as well in the South River Bay, called Delaware, as upon the fresh river, called Connec ticut, the which, by living testimony, you could never make 1 Hazard's Hist. Coll. vol. ii. p. 231. commissioners. 136 1653. JOHN PRINTZ, GOVERNOR OF THE SWEDES. Death of John John son aUuded to. appear ; we have always showed ourselves willing to remove ' — ' — ' the question either to indifferent persons here, or to our supe riors in our native countries." " To charge us with the old Governor and undecided difference of parties in the like quality, de- fetteTeon-*'8 feuding their right and jurisdiction of their superiors, if tinued. any English, be it in private or by consent of the governor and rest of New Haven, bought and paid for any lands within the jurisdiction of New Netherlands, and by virtue thereof, upon Long Island, by Captain Howe, at Stamford, by Mr. Feaux, in the South River, by Mr. Thomas Lamber ton, and have contracted to build, this is not the question ; but the question is, and remains, under whose jurisdiction these lands on the South River, &c. are accounted, before they were bought, built, and inhabited by the persons afore said. The commissioners of New England will say under their jurisdiction; the governor of New Netherland, in opposition, that you are under them." He also alludes to " other particular complaints against John Johnson, being commissioner on South River, now long since dead." " Con cerning the bounds of our limits, and the South River, and to forbid trade, much more, to shut it up ; any thing but by approbation and agreement, declared and asserted by our sovereign lords in Europe, we declare over and above." " What concerns Delaware Bay, both before and after, during the arbitration, we have protested before the honoured com missioners that we may not admit of any habitation of peo ple to be therein, being contrary to the command of our superiors, being conformable to the second article of their agreement, and could not, in that regard, leave ourselves without blame and blemish to our masters and superiors, if we should make so great a neglect and trespass upon the commission and instructions given; and by the way, not to let slip the sitting down of the people at New Haven on South River, manifested to them by a former pro test, and dislike, to forewarn and advertise them there of, and to hold forth our innocency from all damage or bloodshedding which might apparently ensue thereby. And what further concerns the matter and narrative in relation, that we should put their messengers into fasthold, and take their commissions and instructions from them, to the intent aforesaid, the business being well examined and looked to, it will be found that the messengers were civilly used and enter- PETER STUYVESANT, DIRECTOR-GENERAL. 137 tained at the house of our Captain-lieutenant of our town, 1653. Martin Cry gar."1 ' — ¦ — ' Then follows a long " register and record of passages be twixt New Netherland and the English nation, upon the lands May 26. and jurisdictions of West India Company," from 1633. Un- Dutch der date of April 9, 1642, signed by Governor Stuyvesant, statemeut they speak of "a protest done upon and against Robert Cogwell, master of the barque or catch of Mr. Lamberton, of New Haven, because they were about to sit down upon the South River, forbidding and warning him not to sit down within the limits of New Netherland." " Further, we protest and wash our hands from all losses and broils that may arise from thence, and clear ourselves before God and the world. Mr. Lamberton, although they had a joint participation, made use of the master of his vessel, to answer for him in obedience to the state, not to sit down unless he took the oath of fidelity, which being afterwards found otherwise, the English were sent out of the South River without molestation, either in their persons or goods." See this protest, page 58. To the communications from Governor Stuyvesant, the June 3. New England commissioners reply : After noticing what had occurred between the governors Answer of and their special commissioners sent to Manhattan, related i^ZoLmte- on their return home, they say, "From your messenger, Mr. sioners to Aug. Heerman, we have received your letter dated May 26, g^vTsMit. 1653, N. S., in all which we conceive we have your whole mind,. and such answer as in which you will rest, but we must profess ourselves unsatisfied therewith. To some of the former hostile affronts and injuries, you answer nothing, as the burn ing down of New Haven trading-house at Delaware ; that treacherous plot against Mr. Lamberton's life, &c. ; yet you enumerate sundry grievances of yours against Hartford, about hogs and other, &c. " You still affirm that the stopping of the vessel sent from New Haven, with men, to plant in Delaware, the close im prisoning the messengers, and detaining their commissions, as expressed, to be as civil usage and entertainment ; but we still charge it to be an injurious affront, to the great damage of our confederates of New Haven, and an offensive violation of the wholesome advice given by all the arbitrators at Hart- » Hazard's Hist. Coll. vol. ii. p. 256—260. 18 M2 138 JOHN PRINTZ, GOVERNOR OF THE SWEDES. 1653. ford, in 1650." "We must still require and seek due satis- ' — ' — ' faction and security."1 Aug. t. It appears that the following resolution was passed by the No appeal gtates of Holland : " Resolved, that there can be no appeal from deei- . * * sions in New from the judgment given, or sentences pronounced in New Netherlands. Netherland, and that the States- General shall be advised thereof."2 Three individuals had been convicted by the supreme court August n. at Abo, of each killing an elk in the island D'Auland; two convict of them were sentenced to run the gauntlet each three times, toNeTswt but tne third, Henry D'Oregrund, was ordered to be sent by den- the sheriff to the admiralty, to be immediately transported to New Sweden, all which was approved by her majesty.3 Captain John Amundson Besk, for his past faithful ser- August 20. vices, and promises for the future, " as long as he shall live, Grant of and his strength permit," is rewarded by a patent, granting AnjL!*.JOlm to h™86^ hls W1fe> an might reasonably be expected before long, though pro bably the Dutch were ignorant of his coming, and certainly had no reason to anticipate the events which attended his arrival. Printz had departed, Pappegoya was in charge of public affairs, and probably they had no reason to expect, in so short a period, a change in the administration, to be accom panied with such disastrous consequences, as no extraordinary means of defence were provided. , 1 MSS. A. P. S., Reg. Penns. vol. iv. p. 374. ' Ibid. vol. v. p. 14. PETER STUYVESANT, DIRECTOR-GENERAL. 147 A written license was granted by Governor Stone, of 1654. Maryland, to Thomas Adams, " with his vessel to trade or ' ¦ ' traffic with those of the Swedish nation in Delaware Bay, &c." "Why such a license was necessary for the purpose of trading March is. with the Swedes settled on the Delaware, especially as no war License to then subsisted between the English commonwealth and the ^aAd™j °J Swedish nation, as there did between the former and the trade on the Dutch, does not clearly appear, unless the general power to Delaware- regulate all trade carried on by the inhabitants of the province with any neighbouring colony, should have been deemed to appertain to the prerogative powers of the lord proprietary." " It might have been inserted to guard against any trade or communication with any Swedes who might then be in sub jection to, or within any Dutch settlements on the Delaware."1 It would appear from the following letter from the West India Company to Governor Stuyvesant, that an application had been made by him for the admission of some beavers free of duty, that probably Governor Printz took with him as a private adventure, on his returning home. At this request they do not seem to be very well pleased, for which their situation, as intimated in the letter, may form some apology. They probably, too, recollected the trouble he had caused them during his administration. It manifested, however, good feeling, on the part of Stuyvesant, to one with whom he had been so often in personal conflict for years. The letter May is. is dated May 18, 1654. They say, " We could not condescend to grant the petition letter to p. , . , , ¦.. • t «. ur t n Stuyvesant, "which your honour made m a private letter ot November 7, 0nnis appii- 1653, in favour of the late Swedish qovernor, John Printz, <»tionfor i • i ¦ • i-i • l t i -in c remission of to return him the recognition which we received on benall ot duties on a quantity of beavers ; chiefly so, because said Printz did not, bea™r &> as he pretended, send these beavers to Sweden by the way of Printz, individually. We have indeed been somewhat sur prised that your honour acted with so much apparent liberality, although you were informed of the situation of the company, and were not ignorant how difficult it is for us to effect that our revenues answer our expenses here and abroad : we must 1 Bozman's Maryland, pp. 479, 4S0. Council proceedings of Maryland, 1C36 to 1657, p. 298. 148 1654. Time of Printz's de parture. May 27. Arrival of J. Rysingh, a new gover nor. Pappegoyanow pro bably retires. May 31. Gerrit Bik- ker's account of the cir cumstances attendingthe surren der of Fort Casimir. JOHN RYSINGH, GOVERNOR OF THE SWEDES. therefore renew our recommendation, that hereafter your honour will not dispose so lavishly of our revenues, but rather excuse yourself with courtesy, when you are vexed by similar petitioners, so that your respect and authority remain undi minished from the one side, and from the other no discontent or troubles may originate."1 From the reference here made to Governor Stuyvesant's private letter of November 7, 1653, we infer that it was sent by Governor Printz himself, and that this was about the date of his departure from the country. John Rysingh, commissary and assistant counsellor, arrives, as he himself informs us, " a few days before the 27th of May," in the government's "ship Aren, Captain Swensko, very much to the alarm of the Dutch." It will be seen, from the following extracts from several letters on record, that instead of complying with his instructions not to act in a hos tile manner towards the Dutch fort, but to be satisfied with protestations and remonstrances, the first act, on his arrival, was to demand the surrender of that fort, which he soon accomplished. It does not appear, from any thing we have seen, that he even had had any communication with the Swe dish authorities. Printz had already departed, and Pappegoya, his successor, was probably at Tinnicum ; his charge of the administration here perhaps terminated, having lasted about six months. Gerrit Bikker, commandant of Fort Casimir, in a letter to Governor Stuyvesant, of 8th June, communicates as follows : " On the last day of May, we perceived a sail ; not knowing who she was, or where from, Adriaen Van Tienhooven, accompanied by some free persons, were sent towards her to investigate, who, the next day, contrary to hoping and trust ing, returned here in the roads about two hours before the arrival of the ship, with the following news : that it was a Swedish ship, full of people, with a new governor, and that they wanted to have possession of this place and the fort, as they said it was lying on the Swedish government's land. About an hour after receiving this news, the Swedish govern ment's captain, Swensko, with about 20 soldiers, came on shore with the ship's boat. We bade them welcome as friends, judging, that in case they intended to attempt any thing, they would at least give us notice ; but contrary to this, he 1 Albany Records, vol. iv. p. 138. PETER STUYVESANT, DIRECTOR-GENERAL. 149 made his people likewise come in, and then demanded, at the 1654. point of the sword, the surrender of the river, as well as the ' ' ' fort. This transaction was so hurried as hardly to afford delay enough for two commissioners to proceed on board, to Bikker's ac- demand of the governor his commission, and some little time ^uoa,0011" for consultation ; but before the commissioners had got on board, there were two guns fired over the fort, charged with ball, as a signal, after which our people were immediately deprived of their siderarms, and likewise aim taken on them, ready to fire, because they did not deliver up their muskets, which were immediately snatched from them, and likewise men were immediately stationed at the pieces of ordnance at the points. Those who had been sent off returned, and brought us information that there was no desire to give one hour delay, that his commission was on board the vessel, and that we would immediately perceive the consequences of it. The soldiers were immediately chased out of the fort, and their goods taken in possession, as likewise my property, and I could hardly, by entreaties, bring it so far to bear, that I, with my wife and children, were not likewise shut out almost naked. All the articles which were in the fort wrere confis cated by them, even the corn, having hardly left us as much as to live on, using it sparingly, &c. The governor pretends that her majesty has license from the States-General of the Netherlands, that she may possess this river provisionally."1 The following letter, July 27, from Stuyvesant to the com pany, furnishes some additional particulars, derived probably from the persons mentioned in it as having arrived from the fort : "In the preceding month of May, there arrived in the May. Delaware, a ship from Sweden, as it is said, fitted out by the government of Sweden, with a considerable number of peo ple, according to reports, amounting to about 300 souls, with a new governor ; they came before our Fort Casimir ; they then discharged two or three volleys with shot, after which from 20 to 30 armed soldiers landed from the ship. They were civilly received on the beach, near the gate of the fort, by Gerrit Bikker, our commander ; the door of the gate being open, they hurried through it into the fort, then some im mediately went to the different points of the bastions, others ' Holl. Doc. vol. viii. p. 85, 87. n2 150 JOHN RYSINGH, GOVERNOR OP THE SWEDES. 1654. immediately disarmed the few remaining company's servants, ' — ' — ' there being at that time but 10 or 12 soldiers, and in this manner made themselves masters of the place. Seven or eight of the company's soldiers, with Adriaen Van Tien- Govemor hooven, have arrived here ; the others, with Bikker, the com- stuyvesant's man(jer an(j most a\\ the free persons, remained there, and letter to the L ' company, have taken the oath of allegiance to the new Swedish gover- co™tSof\he nor- The further circumstances of this dishonourable sur- eunender of render of the fort, and true statement of the same, the asimu-. p0S^jye an(j unsigned letter of the above-named Bikker, in answer to mine, have reached me overland."1 Governor Risingh, on the 27th May, thus announces hia May 27. arrival to Governor Stuyvesant : " I cannot refrain giving you notice, that a few days ago, Letter from I arrived here safe in the government ship the Aren, with a ^Governor1 considerable number of people from the kingdom of Sweden, stuyvesanti and having, in behalf and in the name of her royal majesty in ^arrival6 Sweden, my most gracious queen, demanded the surrender of and demand tne fort Ibuilt on Sand Point, excluding the surrounding colo ur." nies, which are of a civil condition, and having represented to the people the liberty to remain or to go, provided those remaining put themselves, of free will, under the obedience of her royal majesty, and thereafter free themselves of the fidelity and obedience given to us, and as this is a matter of greater result than they can settle among the ministers, who only have to go according to rule, therefore the sovereigns on both sides will have to compromise this matter, and mutually agree on the same."2 It will be noticed that there is some little discrepancy in Discrepancy the dates of the preceding facts, in relation to the capture of Fort Casimir. Bikker says it occurred "on the last day of^May." Rysingh's letter is dated 27th, and says, "he arrived a few days before" it, and he had at this date accom plished his purpose. We have no means of reconciling them. Name of Aerelius and Campanius both assert that this fort was taken changed to™ V the Swedes on Trinity Sunday, and from that circum- irinity. stance they named it Trefalldigheet, or Trinity.3 Arrival of It is said that with Risingh arrived also Peter Lindstroem, an ikoTmLuid engineer5 several officers, and some troops, and a clergyman, entrineer, 4o. "named Peter , who remained about two years, and ' Holl. Doc. vol. viii. p. 89. 2 Ibid. p. 106, 107. 3 Aerelius, p. 414. Campanius, p. 82. O'Call. vol. ii. p. 274. PETER STUYVESANT, DIRECTOR-GENERAL. 151 then returned to Sweden.1 Lindstroem almost rebuilt the fort 1654. anew, and much stronger."2 He also, in the course of this and ' ¦ — ' the next year, prepared for the government of Sweden, a large map, embracing both sides of the river to Trenton. The ori- Early map ginalwas destroyed, with the palace of Stockholm, in 1697, £y*hoooun- but a copy previously taken still remained among the royal archives, in 1834, and a copy of it was then in possession of our American Philosophical Society, and in a reduced form ac companies Campanius's work. The names of places are in Swedish. Being made at so early a period, it must be very imperfect.3 Aerelius says, " Rysingh assumed the title of director- Ryamgh's general over New Sweden."4 '"' It appears that, for sOme reason, probably from threatening June 2. appearances of danger from the English, the director-general Discussion had proposed to the council the propriety of abandoning *>y atrector- general and Fort Casimir, and of sending off a vessel then there, as the council, on following record appears to be a reply to the suggestion : §'^?J^ " Concerning the following propositions, as that of abandon ing or maintaining of Fort Casimir, so with regard to the ship King Solomon, if it shall remain here or sail for Fulke- town ; for reasons more explained at large in the proposition, it is resolved not to abandon, for the present, Fort Casimir, neither to call its garrison from there to reinforce that of this city ; and what regards the ship King Solomon, she is to re main to gratify the inhabitants."5 They could not, at this date, have been aware of Rysingh's arrival or intentions, but while they were discussing the ques tion, Rysingh had made the decision for them, by actually taking possession of the fort. "Rysingh immediately offered to the English, Dutch, and June 17. Indians to renew their former friendship. On the 17th of Great meet- June, a meeting was held at Printz Hall, on Tinnicum Island, ^ h"n z of ten Indian sachems, or Ghiefs, and there a talk was made tween Gov. to them, in which it was offered, on behalf of the great queen maum sa- of Sweden, to renew the ancient league and friendship that chems- subsisted between them and the Swedes, who had purchased of them the lands which they occupied. The Indians com plained that the Swedes had brought much evil upon them, 1 Aerelius, p. 414. Clay. Campanius, p. 109. 2 Acrel. p. 414. 3 See Preface to Campanius, by Duponceau, p. xi. « Aerel. p. 414. Albany Records, vol. ix. p. 141. the sacbem. 152 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. for many of them had died since their coming into the coun- ' ' ' try. Considerable presents were made and distributed among them, on which they went out and conferred among them- Speechof selves, and then returned, and one of their chiefs, named Naaman, made a speech, in which he rebuked the rest for having spoken evil of the Swedes, and done them an injury, and told them he hoped they would do so no more, for the Swedes were a very good people. 'Look,' said he, pointing to the presents, < and see what they have brought us, for which they desire our friendship.' So saying, he stroked himself three times down his arm, which among the Indians is a token of friendship ; afterwards, he thanked the Swedes on behalf of his people, for the presents they had received, and said that friendship should be observed more strictly be tween them than it had been before ; that the Swedes and Indians had been, in Governor Printz's time, as one body and one heart, (striking his breast as he spoke,) and that thence forward they should be as one head, in token of which he took hold of his head with both his hands, and made a mo tion as if he were tying a strong knot, and then he made this comparison, that as the calabash was round without any crack, so they should be a compact body, without any fissure : and that if any one should attempt to do any harm to the Indians, the Swedes should immediately inform them of it ; and on the other hand, the Indians would give immediate notice to the Christians of any plot against them, even if it were in the middle of the night." After being treated with wine and brandy, other Indians wish the spoke to the same effect, and advised some of the Swedes to settle among settle at Passyunk, "where there were a great number of In- pTsT utk <*ians, that they might be watched and punished if they did any mties to land mischief. They also expressed a wish that the title to the confirmed. lands which the Swedes had purchased, should be confirmed, on which the copies of the agreements, (for the originals had been sent to Stockholm,) were read to them, word for word. When those who had signed the deeds heard their names, they appeared to rejoice, but when the names were read of those that were .dead, they hung their heads in sorrow." " Then there were set upon the floor in the great hall, two Entertain- large kettles and many other vessels filled with sappaun, which is a kind of hasty pudding, made of maize or Indian PETER STUYVESANT, .DIRECTOR-GENERAL. 153 corn. The sachems sat by themselves ; the other Indians all 1654. fed heartily, and were satisfied." ' • ' Such is Campanius's relation of this great meeting. He adds, "the treaty of friendship which was then made be- Fidelity in tween the Swedes and the Indians has ever since been faith- obeerTin«the treaty. fully observed on both sides."1 The English at New Haven again consider respecting their July 6. property on Delaware. The following are the proceedings of "a general court held at New Haven, for the jurisdiction, July 5, 1654. " A letter was now, by order of the court, sent to the Swedes a letter at Delaware Bay, informing them of the propriety which nlverfwrit. some in this colony have to large tracts of land on both sides ten to the of Delaware Bay and River, and desiring a neighbourly cor- ^1™™ respondence with them, both in trading and planting there, and an answer hereof."2 The letter is not to be found, but is referred to at a later period. Not very long after his arrival, Governor Rysingh wrote Juiyii. to the government the following letter, giving an account of various matters, public as well as private. He probably had written previously, furnishing a statement of things as he found them ; the departure of Printz ; the reign of Pappe goya, whom he had succeeded, &c. &c. ; no other communi cation has fallen into our hands, unfortunately, or we would probably have been enabled to clear up some things which have been rather involved in mystery. The following has been happily preserved : as we do not know of its ever having been in print, it is given at length. " Monsieur the Count — I return you my humble thanks for Letter from the favour your excellency has manifested towards me, in the tothe^ntn£ advancement it has procured, and for which I will show my ter of swe- gratitude by my fidelity and zeal to serve you. For whatever relates to the actual state of the country and our colony, I Refers to a have made a sufficiently exact report in the journal and letter PreT101M let- which I have addressed to your excellency and the college of commerce. For myself, thank God, I am very contented; Astohim- if there were only persons here capable of executing what sel* Te*y the establishment requires, all would go on well, for I have a Requires great desire to promote the success of this noble enterprise. assistanoe-- 1 Campanius, p. 76 — 78. 2 New Haven Records, p. 72, Book commencing « 25th May, 1653," and ending "January 5, 1663." 20 154 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. I am now more free than ever, and in another element, with ' ' ' the hope, God willing, we may aid you in putting every thing in a good train. There is four times more ground here now increase of than when we arrived, and the country is better peopled, for ground and fan we foun(j onlv itq personS) and now, including the Hol- Number of landers and others, there are 368 persons. I hope we may inhabitants. ^e &^e tQ preserve them in order and in duty, and to con strain them, if necessary. I will do, in this respect, all that depends upon me. We will also endeavour to shut up the river. Captain Schute, who has the commission, and does capt. schute all that he can, fell sick day before yesterday, at Fort PappegoyT Trinity- A11 that tas been effected was by me, him, and his only Pappegoya, and they comport themselves very well. As to helpers. ^e arrangements to be made hereafter for the government, it is for your excellency and the government to determine. I Describes desire that no person will come here who is selfish, obstinate, Ltabiee per- or negligent ; for the rest, in all which the government shall sons to send, order, I will aid as much as my forces will permit, as every faithful servant of her majesty, and every good patriot ought. I hope your excellency will favour me, as heretofore, to procure for me, for the future, a good advance, and as I Asks &r ad- left some debts to the house, I beg your excellency to do me ges, to enable the favour to cause to be paid, my wages for the past year, his agent at an(i faae 0f this, so that Potter may receive them for the home to pay „ . , . ^ debts left be- payment oi my debts. As, at my departure, her majesty indes toland deiSned to Srant me here a portion of land for 20 to 30 pea- given him. sants, with feodal title and in fee, I humbly pray your excel- nThbour*6 lency t0 aid me in tlle 0CCUPati°n of the country, which is hood. wild and without clearing, situated below Fort Trinity, ex tending from the borders of a small brook, a quarter of a mile Swedish into the country, and then towards the river inclusively, to Cape Franc, also one quarter of a mile. A large part of the land is covered with a large marsh and thistles, and a small part is good land, which, by the grace of God, I will cultivate as soon as possible, at my own expense, as many others, so that I may there find a retreat, or from it gain something to provide more easily for fulfilling the obli- fou^t'to Sations imposed upon me. This is what I most humbly send him a recommend to your excellency, praying him at the same time, gr^teoT5 t0 ^oeure for mea good wife, relying for this object upon aence in jour excellency, with more confidence than any other person *&»¦ in the world; and though the English who have been here PETER STUYVESANT, DIRECTOR-GENERAL. 155 have made me sufficiently plain offers, I do not wish to decide 1654. upon any thing till I have obtained your excellency's autho- ' — •""' rity, and shall therefore so remain. In gratitude for the kindness your excellency has shown me, you will always find July. me disposed to execute your orders, and to serve you with all cheerfulness and fidelity, and as far as in my power. I com mend your excellency, your wife, and all your family, to the Divine protection. At Fort Christina, in New Sweden, July 11, 1654. Your very humble servant till death, " John Rysingh.1 " P. S. — As the above land is near Sandhoecken, and a wants land little too far for me to render myself there every day, I ask ^^^>his that they will grant me upon the island of Timmer, the land Recom- below Skillpaddekylen, the one-half, and to pay for it by my p^yaas5" services. I recommend J. Pappegoya, schuten." K*ute. Azel Oxenstiern died, the excellent and faithful minister August. of Gustavus Adolphus, and also of his daughter, Christina, Death of os- under whose joint auspices the Swedes were conducted to, and e for many years sustained in this country. Queen Christina, during this year also, at the age of 29, Christina ah- abdicated the throne of Sweden in favour of her cousin, charies Charles Gustavus.2 Gustavus. This day was set apart for a general thanksgiving, on ac- August 12. count of peace between England and Holland, the news of tween Eng which reached Manhattan on the 16 th July.3 Hon"™1 It was not very long after the capture of Fort Casimir, or Trinity, by Rysingh, that an opportunity presented to Gover- sept. 22. nor Stuyvesant of retaliating. A Swedish ship, called the a Swedish Golden Shark, commanded by Hendrick Van Elswyck, (or as ^J^ki he has been usually called by historians who have noticed ver seized at the fact, Daswyck,) bound to the South River, by mistake or ignorance of the pilot, or some other cause, put into the North River, and got behind Staten Island. On discovering his error, the captain despatched a boat to Manhattan, for a pilot to take him to South River. Stuyvesant thinking this a good opportunity to compel the return of the fort, seized 1 MSS. A. P. S., translated from the French translation of the Swedish. There seems to be a diversity in the manner of spelling this name; we have heretofore used that generally found in writers, hereafter we shall adopt the mode used above by himself; we presume one to be the Swedish and the other the English method. Some historians call him John Claude Rysingh, we do not know on what authority. It appears he had no wife, as the grant for land would seem to indicate ; 'but this seems to be the form of those grants generally. 2 Gorton's Biog. Dictionary. 3 Albany Records, vol. ix. p. ISO. O'Call. vol. ii. p. 266. 156 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. the men, as well as the vessel and master, which led to a long ' — " — ' negotiation between the Dutch and Swedes, but, as will appear from what follows, without producing the anticipated result on either side. Mr. Eaton again calls the attention of the commissioners to New Haven's right to several parcels of land on both sides of Delaware Bay and River, and produced a copy of a letter written to the new Swedish governor, with his answer thereto, (neither of which do we find,) but the commissioners replied Sept. 23. to the Swedish governor on 23d September, as follows : " Much honoured sir — The commissioners for the United Letter from Colonies of New England, being now met at Hartford, as lind elm- their course this year falls, have been reminded of the well- missionersto known right some of the English of New Haven colony have Eysingh. to several large tracts of land on both sides of Delaware Bay AUudes to an(j River. Mr. Eaton, one of the present commissioners, former inju- .... t. , , i in ries from has showed us the copy ol the letter he wrote to you by order Prints""*. °^ ^ew Haven court, dated July 6, 1654, and your answer sert their thereto in Latin, dated August 1, 1654, the contents whereof rights" seem strange to us all. We were many years since informed of their just title, and of the unjust disturbance their agents found in their planting and trading there, both by Monsieur William Kieft, the former Dutch governor, and from Monsieur John Printz, your predecessor ; and thereof Mr. John Win throp, governor of Massachusetts colony, and president of the commissioners, wrote to them both, in September, 1643, and thereunto, a few months after, received their several answers, but without any satisfaction. What you wrote concerning a treaty or conference before Mr. Endicott, wherein New Ha ven's right was silenced or suppressed, and what you affirm concerning the right the Swedes have to lands on both sides of Delaware Bay and River, from the capes, &c, is either your own mistake, or at least the error of them that so in form you. We have perused and considered the several pur chases our confederates of New Haven have there made, the considerations given acknowledged by the Indian proprietors under their hands, and confirmed by many Christian wit nesses, whereby their right appeareth so clear to us, that we cannot but assert their just title to the said lands, and desire they may peaceably enjoy the same, with all the liberties thereunto belonging, and in their name and behalf do assure you they will by no means disturb you in any of your just PETER STUYVESANT, DIRECTOR-GENERAL. 157 rights. Thus hoping the peace and good accord in Europe, 1654. betwixt England and Sweden, will have a powerful influence ' ' ' upon our spirits and carriage in these parts of America, and desiring you will, with your first conveniency, return a full and clear answer to Mr. EatOn, governor of New Haven, who will speedily impart the contents to us. With our best re spects, we rest, your loving friends and neighbours, " John Browne, Theophilus Eaton, " John Mason, Simon Bradstreet, " John Webster, Daniel Denison, " Francis Newman, Thomas Prence. " Hartford, 23d September, 1654."1 The affair of the Golden Shark not being accommodated October l. between the governor and captain, an invitation is sent by Gov.Rysingh the director-general to Rysingh, to visit Manhattan, to settle ™atM tut after muca debate about it, and scarce any mittee ap- manifesting their willingness to go at present, a committee SvelppT" was chosen> viz- Robert Seely> William Davis, Thomas Mun- cations. son, and Thomas Jefferey, to whom any that are willing to 1 Albany Records, vol. ix. pp. 266 — 272. PETER STUYVESANT, DIRECTOR-GENERAL. 167 go may repair, to be taken notice of, and that if there be 1654. cause, they treat with those of New Haven who have pur- ' — r~~' chased those lands, to know what consideration they expect from them."1 An unfortunate affair occurred between Factor Elswyck Nov. u. and one Matthias, from Providence, while the former was Factor eis- awaiting the result of matters at Manhattan. It appears Sed^ti. from the record, that Matthias " dared to make, October 28, a knife, by an assault on his commander, H. Van Elswyck, factor, &c, ™en,whois and in his own lodgings prosecute him with his drawn knife." tried> whiP- Owing to the interposition of spectators, the factor was ^s^a. saved. Not satisfied with having committed this outrage, Matthias "indulged in scolding said factor, saying, 'ye Swedes, ye villains, ye beggars,' with other abusive names, and cursing, when he escaped from the attorney-general, either through the negligence of the attorney-general or his officers, or by his own dexterous agility, showing them his back, and mocking their vigilance." Van Elswyck com plained in court, " said Matthias, in 1648, was publicly pun ished for a crime, and afterwards several times imprisoned ; he more than once broke jail ; the plaintiff asks that the prisoner shall be hung;" the prisoner replies, " I resign my self to' the director-general and council, let them do what they please ; I prefer to be hung before I should be so scan dalized!" He confessed he actually committed the crime, but said the factor was first transgressor, and kicked him. He was allowed twenty-four hours to exculpate himself. He again appears in court, and says, " factor scolded him, calling him a rascal, thief, and bloodhound ;" " all what your honours do is well, I see I am to be despatched." " The factor said to him, at Porto Rico, 'I pardon you what you did, but when I arrive thither I shall claim justice ;' Matthias replied, < I thank you ; I too shall bring you where the sea cannot over whelm you.' " He was sentenced to be taken from prison to the place where justice is executed, rigorously beaten with rods, and then banished for twenty-five years.2 The West India Company, in Amsterdam, when they re ceived the news of the capture of Fort Casimir, expressed their astonishment in a general letter to the director, which we have not been able to find. It is, however, referred to in I New Haven Records, vol. from " Sth February, 1649," to « 1st July, 1662," p. 158. 2 Albany Documents, vol. ix. p. 281. 168 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. another letter from the same source, with their further views ' ' ' upon the subject, and expressing their opinion that the direc tor ought to "revenge that injury," and of the measures they are adopting to secure his success. Extract of a letter from the directors of the West India Company to P. Stuyvesant, dated Amsterdam, November 16. " Honourable, valiant, beloved, trusty — You must have tetter from perceived, from our general letter, how we were astonished at clm'an^to *ke iniamous surrender of the company's fort on South River, stuyvesant, and the violent and hostile usurpation of the Swedes in that the'news'of Par'; °^ ^e country. We then did not consider it prudent to surrender of develope our intention more explicitly, as it ought to be kept Their viewsr secret ; it is, however, nothing less than that your honour of the trans- ought to exert every nerve to revenge that injury, not only course re- by restoring affairs to their former situation, but by driving commended, the Swedes from every side of the river, as they did with us, provided that such among them as may be disposed to settle under, and submit to our government, may be indulged in it. We should, nevertheless, prefer, (and nothing must, with dis cretion, be left untried to obtain this end,) if they could be persuaded to select other places for their residence, within our district, as we should be more gratified if the borders of this river were inhabited by Dutchmen. No means ought to be neglected, in case of success, which God may grant for its accomplishment, either by encouraging Dutch settlers, by bounties or other more powerful luring motives ; it is, in our opinion, the interest of the company and of the government, that the possession of that river is secured to us. " We have already given orders that the ship King Solo- Fitting out mon, with the remaining supply of the promised succour, be the King , r ,, • ..... Solomon. prepared for this voyage, as you will be m want of both in Authorize the contemplated expedition, and we hope yet, if the frost pressing ves- . . , . r J ' seis into the does not prevent it, that she will sail before winter sets in ; service. kut as this is uncertain, and more yet, when about in the spring it may arrive in New Netherland, while a long con tinued winter might disappoint such an expedition, so is it, that we, fearing that the Swedes might, meanwhile, have re ceived aid, and fortified themselves on that river, deemed it highly serviceable to urge you seriously, and to commend that your honour will engage for this expedition, one or other vessel, and we give you, in consideration if the last arrived ship, the Black Eagle, would not answer your purpose in PETER STUYVESANT, DIRECTOR-GENERAL. 169 every respect, while,, in case of refusal, either from the side 1654. of the owners or skippers, you may at last compel them to ' ' ' submission, as in similar cases ; no excuses or private interests can be admitted, as may be proved from daily examples in Letter from our government. What regards the fresh supply of soldiery, ^p^1* believe us, here too we are on the alert, and the proof that continued. we are deeply interested in it is at hand. The drum is beaten daily, so that we hope that we have it yet in our power to embark a number of soldiers in the ship the Great Christo pher, with a gunner and two carpenters ; however, if, as it may happen, we did not succeed in this to the utmost of our intention, and could not obtain so many soldiers as we intended, then that it is our opinion, which agrees with that of Lieutenant Nuton, that your honour can supply this want, particularly if this enterprise is directly undertaken, before the Swedes can receive assistance. You have actually nothing to fear from any other enemy, being in peace with your Eng lish neighbours, so that all the soldiers, with the licensed, who in similar cases are in duty bound to serve the company, can be employed; so too, all free persons who might offer themselves for this service, as the citizens of New Amsterdam are fully competent and strong enough to secure that city, without any danger, if only good order and police are esta blished there, which we dare and will intrust to your honour's prudence and carefulness. The digging tools which you re quired are sent by the ship Great Christopher, with a quan tity of gunpowder, so that you need not wait for the rej sidue, which it is our intention to send by the first oppor tunity." " We forgot to mention that your honour ought to leave commander nothing untried to apprehend Gerrit Bikker, late commander £"^£0*° of the fort, of the company, (Casimir,) on the South River, while we, from the documents which we have received, and from private information, are compelled to conclude that said person has acted in his office very unfaithfully, yea, treacher ously ; that he thus, without any connivance, to an example of others, ought to be punished, as all others who have shared more or less in this shameful transaction, the pursuit of which we seriously recommend to your honour, while we look for ward to the letter in which your honour shall inform us that this enterprise has been crowned with sucdess. Meanwhile, honourable, valiant, beloved, trusty, we recommend you to 22 p 170 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. God's protection, your good friends, the directors of the ' — ¦ — ' West India Company, David Van Buerle, •vr -i,. -i^?A Abraham Wilmerdonk. 'j1 " Amsterdam, .Nov. lb, 1654. In other letters written by the West India Company, shortly after the preceding, they speak of the " cowardly surrender" by the commander, and call upon the director for the necessary documents, to enable them properly " to explain this hostile aggression and justify their title;" some papers before sent by the director not having been properly authen ticated. Nov. 23. " It is difficult for us to say, if we are more astonished at the Further audacious enterprise of the Swedes, in taking our fort on the ™rrandfer!he South River, or at the cowardly surrender of it by our com- Ask for title- mander, which is nearly insufferable. It is thus of imperious purchase, necessity, that such measures directly are adopted, by which further mischiefs might be avoided. We recommend your honour most seriously, that we may be enabled here to ex plain this hostile aggression, and justify the title of the com pany to this district, to send us, by the first opportunity, not only authentic copies of the deeds, and their acknowledgment of this tract of land which we purchased, on the South River, in the year 1650, but all such original documents and papers as may be serviceable to their corroboration."2 cnauthenti- " Among the documents joined to said letter of Peter Benf PaperS Stuyvesant, July 27, are certain certificates and affidavits relative to the scandalous surrender of the company's fort on South River, which are deficient in a principal requisite, as they ought to have been taken under oath, and recorded, without which they can never have any value in a court of justice." They then order verified copies to be sent. Some soldiers go by this vessel.3 Nov. 26. What further proceedings succeeded the answer of the go- The Golden vernor to Captain Elswyck's protest, the documents do not fc^r-we'st snow> Dut the following record would lead to the inference India trade, that the Dutch had not given up the vessel, as it is mentioned that " the Golden Shark is loaned by director and council to the associates for four or six months, for the West India trade." She appears to have been prepared by director- general and council.4 1 Albany Records, vol. iv. 157 — 159. i Ibid. p. 166. 3 Ibid. p. 168. 4 Ibid. vol. ix. p. 236. PETER STUYVESANT, DIRECTOR-GENERAL. 171 Another meeting of the general court was held, for the 1654. purpose of receiving a report from the committee appointed ' ' ' on the 2d instant, whose transactions will appear from the following minute. " At a general court held for New Haven, 27th November, Nov. 27. 1654, the committee which was appointed the last court, about Report of Delaware Bay, acquainted the town that they had desired committee " ' A t * appointed this meeting, that they might inform them what they had last court on done in that trust committed to them. They had spoken with g^0w^ng sundry persons in the town, but that not answering expecta- to help. The tion, they got a meeting of the brethren and neighbours, and ^btrates, for the most part they were willing to help forward the work, and elders r , J . a , , . , , . I solicited. some in person, others in estate, so the work might be carried on, and foundations laid, according to God, and at that meet ing they desired that the governor, and one of the magis trates, with one or both the elders, might by their persons help forward that work, whereupon they had a church meet ing, and propounded their desire. The elders declared they were willing to further the work, and were glad it was in hand, but Mr. Davenport said, in reference to his health, he Mr.Daven- saw not his way clear to engage in it in person, nor Mr. ^etounT Hooke, because his wife is gone for England, and he knowing °f health. 1 ^ •. .11 1. o 1 mi Mr.Hookeon not how God will dispose of her. The governor gave no ac,,^ „f positive answer, but said it was worthy of consideration. ^ife'sal" They further informed that some from other plantations see prospect of, a need of the work, and are willing to engage in it, and the ^f™^. rather if it be begun by New Haven, and foundation laid as tions. here, and government so carried on, thinking it will be for the good of them and their posterity. "They also declared that they had treated with the, pro- Purchase of prietaries about the purchase of the lands, and understand ^^ ex_ that they are out about £600, but are willing to take £300, pended for to be paid in four years, that is, £100 at two years, and them- another at three years, and the last at four years' end, which they accepted of, if a suitable company appeared this spring to plant it. " After these things, sundry debates passed about it, and Discussion divers declared themselves willing to go, if they might see ^Messrs. some* appear as leaders to them, for settling and carrying on Eaton and , ¦ i 1 i AT Newman re- civil affairs there ; and in the issue it was propounded to Mr. questea t0 Samuel Eaton and Mr. Francis Newman, two magistrates in s°- .They ... 1 a. consider up- this jurisdiction, to go along with them, who, alter some 0nit. 172 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1654. persuasions, were willing to take the matter into consi- 1 • ' deration."1 About this time, extensive negotiations were progressing, relative to the boundaries of New Netherlands, between the English and the Dutch. We find the following minute and resolution of the States of Holland, December 4. " Received aletter from the Dutch ambassador, at London, December 4. dated Westminster, 27th November, with an extensive report Negotiations concerning their negotiations about the limits between the Dutohand6 subjects of this republic and the English subjects in New EngUsh, on Netherland. Resolved, to advise, at the assembly of the o/iunits!0* States-General, to send a copy of the aforesaid letter to the presidential chamber of the West India Company, in order to give, with the utmost speed, their considerations and ad vice, as well as full information on all the points mentioned in the same letter."2 The answers of the gentlemen to whom the proposition was made, at the last meeting of the court, to act as leaders in the contemplated expedition, may be learned from the following proceedings. " At a general court for New Haven, December 11, 1654, Dee. n. the committee appointed about Delaware Bay acquainted the Another town that they desired this meeting, that the town may re coup tore- ceive the answer of Mr. Eaton and Mr. Newman, in the ceive the matter propounded to them the last court. Mr. Eaton gave Eaton and answer, that it is necessary there be some leader in such a Newman. work, but for his part, this jurisdiction having an interest in Both willing, A ' ^ D under cir- him, which he must have respect to, but if it appears that cumstances. (j0(j cau ^m thereunto, he shall be willing. Francis New man assented to what Mr. Eaton said, and declared, that if a meet number appear, for quantity and quality, that the work of Christ may go on in church and commonwealth, founda tions laid, and things carried on as here, and that in conve nient time this next spring, at furthest, though he has sundry objections in respect of himself, and private occasions, yet he is so far willing to further the work, as he would not, by his withdrawing, hinder it."3 Dee. 2s. The following decree is passed by Charles Gustavus, in 1 New Haven Records, p. 360, 161. 2 Miller, MSS. before referred to. See also Brodhead's Address, p. 35, and O'Call. vol. ii. p. 279, and Holl. Doc. vol. vii. 3 New Haven Records, p. 161. PETER STUYVESANT, DIRECTOR-GENERAL. 173 relation to tobacco. By an ordinance of last year, it was 1654. judged proper « to suppress and abolish the privileges granted ' ' ' to a certain company for the monopoly of that commerce," "in consequence ofthe divers complaints and inconveniences Exclusive which have resulted therefrom, and particularly as the tobacco, p"Tiles« t0 1 r * ' import to- , considered in itself, is a merchandise which is necessary to bacco by the comfort of no one, and for which each one ought to re- ™"epr™ay °ie. press and restrain his unaccountable taste ; and as we have storcd- just reason to stop and forbid, rather than permit and facili- son" for p"^ tate the commerce and importation of tobacco, yet a deep- nalty> on rooted custom having so far spread itself, that in our kingdom tion of orat the people very generally purchase and make use of the to- nance" bacco, it has appeared to us to be dangerous to suppress and forbid entirely the importation of the same, but we have rather desired to devise means by which to render the com merce in it to contribute to the public good. In consequence of these reasons, the exclusive privilege is granted to the company of America, under certain conditions, hoping that by this means, not only New Sweden will be able to support itself and" prosper, but also that our nation will have greater opportunity and facility for accustoming itself to the naviga tion and commerce of America, and that it will endeavour to improve itself in the same." No one, under any pretext, shall " dare, or have the power or permission to bring in, or cause to be brought into the kingdom, or the Grand Duchy of Finland, Carelie, Kirgersmary, Gottland, Holland, and Jempst- land, any portion of tobacco, secretly or openly, either to sell or for his own use." "Any person contravening, by importing from the smallest quantity up to 20 pounds, for the first offence, shall lose all, and pay 40 marks of silver ; for the - second, 80 marks, and for the third, double, and so on for every offence ; for over 20 pounds, for every pound, a fine of 20 runsticks of silver, and confiscation of the tobacco." All officers to prevent infractions.1 Andreas Hudde, late commandant of Fort Nassau, applies A; HuMe to director-general and council to be appointed schoolmaster. a SChooi- It is referred to the minister and consistory.2 master. Governor Stuyvesant sails from Manhattan to Barbadoes, Dec. 25. to make some arrangements for trade.3 It afterwards appears ^JJJ^*11' he did not inform the company of his intention. west indies. 1 MSS. A. P. S, Reg. Penns. vol. v. p. 15. 2 Albany Records, vol. ix. p. 309. Acrel. 413. 3 O'Call. vol. ii. p. 276. JOHN RYSINGH, GOVERNOR OF THE SWEDES. The Swedish government, calculating upon their continu ance in power on the Delaware, made the following estimates of expenses for New Sweden, for the following year, 1655 : December, one commandant, at 75 silver dollars per month ; one cap- Estimate of tain, 36 ; one lieutenant, 24 ; one ensign, 18 ; one sergeant- offlcers and major 15 ¦ three gunners, 8, each of whom is to have charge their pay, in J ' ' ... , r\ 1 New Sweden, of the magazine in his redoubt; one corporal, » ; one drum- for 1655. mer^ >jx ; thirty-six soldiers, at 4 ; one provost, 9 ; one exe cutioner, 6 ; three priests, 10 ; one superior commissary, who shall also be book-keeper, 20 ; one fiscal, who is also to be adjutant to the commander, 12 ; one barber, (surgeon ?) 15 ; one engineer, who is also secretary, 12 ; one sub-commissary, placed at the River Hornkill, 12 ; total, 550 J per month, 6606 per annum, dollars of silver, or 4404 rix dollars.1 1655. The subject of settling on the Delaware again claimed the attention of the people of New Haven. "At a general court held at New Haven, for the jurisdic- Januaryso. tion, 30th January, 1655, a petition was presented by Thomas Petition of Munson and John Cooper, of New Haven, on behalf of a tendta^to111 company of persons intending to remove to Delaware Bay, gotoDeia- wherein they propound, that for the enlargement of the kingdom of Christ, the forwarding of the gospel, and the good of posterity therein, that they may live under the winga of Christ, they would afford some encouragement, to help forward so public a work. " 1. That two magistrates, Mr. Samuel Eaton, and Mr. Ask for two Francis Newman, may have liberty from this court to go in magistrates person at first, and in case they see not themselves called to them. lay out so much of their estate as is like to be disbursed in such an undertaking, that then it would please the court, that out of the jurisdiction they may be honourably provided for, as men that are willing to lay themselves out for the public good. " 2. In case that there be an undertaking, then that they Ask the pro- may at first go under the protection of this jurisdiction, and the'jurS ^at ln case °f any affront, the jurisdiction will engage to diction, tui assist, till, by the blessing of God, they may be able of tewish"1 ** themselves to set up a commonwealth, according to the fun- themseives. damental form of government laid at New Haven. i MSS. A. P. S., Reg. Penns. vol. v. p. 15. PETER STUYVESANT, DIRECTOR-GENERAL. 175 " 3. That seeing our numbers are yet small, about or be- 1655. tween 50 and 60, we desire the court to consider what number ' — ¦ — ' they think may be a competent number, that we may secure God's providence, and yet not let the work fall for want of too great a number. " 4. That two great guns and powder, and what belongs to want guns them, might be granted. t and powder. "5. Seeing that most that have purposes to go, do only Those who for public respects undertake, and not for any need at pre- B° a?k ex" - . . . " r emption sent, and that they do leave their houses and lands without from taxes that improvement that they themselves did make, they desire whaEabsent that for some time, as the court shall think meet, they may be freed from rates and public charges. " 6. Seeing that they whose hearts God stirs up to under- Ast money take at first, are men, for the general, of no great estate, ^buT04 and some cannot go without help, we desire that a sum of small vessel. money may be raised in this jurisdiction, which may be em ployed either to buy a small vessel that may attend their service, or otherwise, as shall be thought meet. Now that which occasions this last, is not only the sense of their great expense and charge at first, and the present need that some have now, bub also we have heard from sundries, that gene rally men are willing to help on the work, either by persons or estates. Thus begging pardon for our boldness, and hum bly desire to submit all their consultations unto the direction of the God of wisdom, and so remain yours to be com manded, John Cooper, Thomas Munson, " In behalf of the rest." To which the court returned : "That having read and considered a paper of some pro- The court positions presented by Thomas Munson and John Cooper, of p^j^*0*316 New Haven, in the name and behalf of sundry persons of this jurisdiction and elsewhere, appearing as undertakers for the first planting of Delaware, in order to the public good of this, jurisdiction, and the enlargement and further advance ment of the kingdom of Christ in these parts, do return in answer as followeth : "1. That they are willing so far to deny themselves for Aiiowthe the furtherance of that work, in order to the end propounded, ™h such*8' as to grant liberty to one or both of those magistrates men- others as tioned to go along with them, who, with such other fit per- eyseL sons as the court shall see meet to join with them, may be 176 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. empowered, for managing of all matters of civil government ' — ' — ' there, according to such commission as shall be given them by this court. " 2. That they will either take the propriety of all the wm provide purchased lands into their own hands, or grant it to such as sent "anffu- s^a^ undertake the planting of it, provided that it be and ture govern- remain a part or member of this jurisdiction. And for their srtaement" encouragement, they purpose, when God shall so enlarge the increases. English plantations in Delaware, as that they shall grow the norrTa^be greater part of the jurisdiction, that then due consideration alternately shall be taken for their ease and conveniency of both parts, venandDe- as that the governor may be one year in one part and the laware. next year in another, and the next court for making laws may be ordinarily but once a year, and where the governor resides ; and if God much increase plantations in Delaware, and diminish them in these parts, then possibly they may see cause that the governor may be constantly there, and the deputy governor here, but that the lesser part of the juris diction be promoted and eased by the greater part, both in rates and otherwise, which they consider will be both accept able to God, and (as appeareth by the conclusion of the commissioners, anno 1651) most satisfying to the rest of the , United Colonies. " 3. That for the matter of charge propounded for en- wm consult couragement to be given or lent, to help on their first begin- piantations ning> they will propound the thing to the several particular about en- plantations, and promote the business for procuring some- ZeltSe thing that way, and shall return their answer with all con venient speed."1 It appears that a Mr. John Cooper2 had been to Delaware, and returned to New Haven. In order to afford him an op portunity of imparting the information he possessed, as well as to take further necessary measures, a special meeting of the court was called. Of their proceedings we have the fol lowing minute : " At a general court for New Haven, 16th of March, 1655, March 16. the town was informed that the occasion of this meeting is to let them understand how things are at present concerning Delaware, now John Cooper is returned, he finding little en- 1 New Haven Records, pp. 83 — 85. 2 May not the above John Cooper be an ancestor of the present extensive Jersey family of that name ? PETER STUYVESANT, DIRECTOR-GENERAL. 177 couragement in the bay, few being willing to engage in at 1655. present, and therefore they may consider whether to carry it ' " ' on themselves, or to let it fall. Mr. Goodyear said, notwith standing the discouragements from the bay, if a considerable a person re- company appear that will go, he will adventure his person £"e™ a™m and estate to go with them in that design, but a report of Reports ais- three ships being come to the Swedes seems to make the gomewufing business more difficult. After much debate about it, it was to go not- voted by the town, in this case, that they will be at twenty or ing. thirty pounds charge, that Mr. Goodyear, Sergeant Jeffery, Arrival of and such others as they think fit to take with them, may go three Swe' ± J j j a dish ships at to Delaware, and carry the commonwealth letter, and treat Delaware. with the Swedes about a favourable settlement of the English Town votes upon their own right, and then, after harvest, if things be jj20 ™ *30- cleared, the company may resort thither for the planting of it."1 to the This is the only account we recollect to have seen of the Swedes- arrival of the Swedish vessels. If correct, they probably ^^"ai arrived after the vessel in which Rysingh came: it will be oftheSwe- recollected he speaks of a considerable increase, in a few months after his arrival. Several persons having expressed a willingness to proceed Aprag. to Delaware, another meeting of the court is held, on the 9th of April. "At a general court for New Haven, 9th April, 1655, the several pro- town was informed, that the occasion of this meeting is about to Delaware. Delaware Bay ; there being several who have purposed to go, Court ex- but they conceive they want both number of men and estate to be ^^j to carry it on : now if any be willing to further it in person jurisdiction i i ii i i • • i • if of New Ha- or estate, they may do well to declare it, it having been first ven. made known to them that, though they may go free, and not engage to be a part of this jurisdiction, yet they, and all such as come after, must engage to go upon the same foundations of government as were at first laid at New Haven, which were now read unto them, and though some objections were made, yet, notwithstanding, the business proceeded, and divers declared themselves willing to further it, as appeared by a note in their secretary's hand'. " And for their further encouragement, the town granted, watchmen if any go, and leave none in their families fit to watch, their vided forPr°" wives shall not be put upon the trouble and charge to hire a theirf»uu- watchman, the persons only whicli are present being to carry absence. 1 New Haven Records, p. 165. 23 178 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. on that service. They also further agreed to lend the com- ' — ' — ' pany the two small guns which are the town's, or else one of them and one of the bigger, if they can procure leave of the Town wm jurisdiction for it, with at least half a hundred of shot for lend 2 guns, ^at bigger gun, if they have it, a meet proportion of musket powder. bullets, according to what the town has, and also a barrel of that powder which the town bought of Mr. Evans ; and con- Their houses cerning their houses and lands which they leave, what of them be fteenfrom lying unimproved shall be free from all rates, one year and a taxes for a half from the time they leave them, paying as now they do tlme' for what they improve ; then they shall have one year's time more, that they shall pay but one penny an acre for fenced After two lands and meadow, as they do at present. But if they dis- years and a pose not 0f them when that two years and a half term is out, half, must r . » . ' pay usual they must pay for their lands alter the old way ot rating, rates. vjz_ four pennjes aDd two pennies an acre, while they keep it in their hands."1 Stuyvesant's proceedings in the detention of the Swedish April 26. ship, were approved in Holland, for in a letter of this date The west in- from the West India Company to the director-general, they approve11™7 say> " ^e approve of your prudence in arresting the Swedish the arrest of vessel, with its cargo, while we, in our last to the director, shark" e' have declared our mind in what manner the Swedes on the How the South River ought to be treated, however, we cannot omit to Swedes are . , " . , ... . to be treated, inform you, that we, in our deliberations upon, and examina- Defectivc ti- tion of the claims of the company in the South River, dis- tle-papers. . n covered that the transmitted copies of the documents were not only insignificant, but in places unintelligible, and prin cipally the-documents between the Director Stuyvesant and the Swedish governor, in 1650." Then referring to the call made by the English to see our documents, viz. letters-patent and deeds of the land purchased by the company, with the provisional contract between us at Hartford, in 1650, they say, " but to our great surprise, none of these documents have been received by us."2 In reference to the proposed expedition against the Swedes,' ship of 36 after alluding again to the instructions given to Stuyvesant, guns almost /^q at this time had gone to Barbadoes, without notice to ready to sail ... , ° ' for south the directors, till his letter from there in January,) in regard EiTer' to the treatment of them, they inform him that they " have hired from the burgomasters one of the largest and best ves- 1 New Haven Records, pp. 166, 167. 2 Albany Records, vol. iv.p. 177. PETER STUYVESANT, DIRECTOR-GENERAL. 179 sels, the Vigilance, of 36 guns, which is now preparing to 1655. sail in twelve or fourteen days ; as soon as she shall have ' ' arrived, you are commanded and authorized to undertake this expedition with all possible despatch and prudence, even Expedition if the director shall not be returned from his voyage. You ^^"n" may open this letter and act conformably ; keep secret. We are informed the Swedes are making immense preparations in Sweden to second their countrymen on the South River."1 Further instructions are given by the West India Company May 26. to Stuyvesant, on the treatment of the Swedes, and the ex- further in- pedition. " We informed you in our last general, and now '^""fjj™8 here enclosed letter, in a manner sufficiently plain and intel- swedes. ligible, as we presume, what our opinion and intentions were J^'^1^8" with regard to the Swedes on South River ; which warning or given them, order we now renew, with this further explanation, which we is g„^ee3Sf™ have adopted after mature elucidation, that after your exploit shall have been successfully executed, you permit them to hold the land on which Fort Christina is built, with a garden to cultivate the tobacco, because it appears that they made this purchase with the previous knowledge of the company, pro vided said Swedes will conduct themselves as good subjects of our government and company, of which we inform you, that you may act accordingly, while we, before we leave this point, must recommend you once more, in the most serious manner, to make the utmost speed, after the arrival of the urge de- man-of-war, with this exploit, while we cannot doubt your expedition*!16 honour has already made all the necessary preparations, as we had informed you of, our intentions, by the Bompteka." They allude to instructions sent on the same subject, in a May 28. private letter, supposing Stuyvesant still absent.2 Governor Stuyvesant having returned from Barbadoes, Augustm though probably before he could have received the foregoing Prociama- instructions from Amsterdam, sets himself to work, and ^ forthe makes various preparations for the intended expedition against expedition. Fort Casimir, alias Trinity. The first measure that we have noticed was a proclamation for "a general fast, thank, and prayer day, on the 25th August," which says, "but which is the chief object on this solemn humiliation and thanksgiving, is to implore the only bountiful God, that it may please him to bless the projected expedition, only undertaken for the greater security, and extension, and consolidation of this pro- 1 Albany Records, vol. iv. p. 180. 2 Ibid. pp. 186, 191, 193. 180 1655. Superinten dents of ex pedition. August 19. Offers to those who enlist or are wounded. August 19. Demand on merchantvessels for the expedi tion. JOHN RYSINGH, GOVERNOR OF THE SWEDES. vince, and to render it prosperous and successful, to the glory of his name." The director and council prohibit "all usual exercises, as ploughing, sowing, mowing, fishing, and hunting, on that day, and all other amusements and plays, all tapping and intoxication, under penalty of arbitrary correction."1 The governor and Montagne, being too sick to superintend the expedition, they appoint Vice-Director De Sille, and Attorney-General Tienhooven,2 to perform that duty, in con nection with the captain of the " Weigh-scales," the valiant Frederick de Koninck. An invitation is given " to any individuals loving the in crease, welfare, and security of this now flourishing province of New Netherland, inclined to serve in the projected expe dition, either from principle, or at reasonable monthly wages," to address themselves to the director-general and council, or any member of council, who " make the solemn promise, that if any person (which God avert) come, by any offensive or defensive measures, to lose a limb, or become maimed in any manner whatever, such a one shall receive due compen sation."3 " The director-general and council, assisted by the valiant Captain Frederick De Koninck, deeming it necessary for the service of the province, for various reasons, to solicit the use of a few merchant vessels for the service of this country, provided a suitable compensation shall be allowed, to under take, with their aid, the proposed expedition, under God's blessing, agreeably with orders of the directors ; and in case the skippers might decline to engage in it, then it is resolved in council to command all such to engage in their country's service, with their vessels, ammunition, and crew, with their victuals and implements, subject to the orders of the director- general and council, and join this expedition, writh the man- of-war 'Balance,' despatched from Holland for this purpose, and to sail to South River, and remain there so long as the director-general and council, or their delegates, may judge they may be of service to their country, for which -service, a reasonable satisfaction shall be given to the skippers, or their employers, at Amsterdam, in Holland, by the directors and patrons of New Netherland. Signed, Peter Stuyvesant, "De Sille, Tienhooven."4 1 Albany Records, vol. xi. pp. 30, 32. * Albany Documents, vol. xi. p. 34, 35. 2 Ibid. p. 28. 3 Ibid. p. 33. PETER STUYVESANT, DIRECTOR-GENERAL. Igl Foppe Jansen is appointed, by council, " provisional com- 1655. missary, to superintend and take care that all ammunition ' " ' and victuals required for the projected expedition, of which correct lists shall be delivered to him, are obtained, shipped, and due attention paid to them during transportation."1 Persons were sought for "who have a perfect knowledge August 21. of the bottom, depths, and shoals- in and about South River, Pilots to make use of them as pilots. Sol. Garretson and Peter ensas Lourison were engaged, as thoroughly acquainted with those waters, at 10 shillings per day." Edmund Scarborough presented a petition to the director- August 24. general and council, " that he may depart from Manhattan, a person ap- with his sloop and some negroes, for Virginia," which was ciiTo'depart granted, "provided he give security to the value of £5000 withasioop Sterling, that he will neither directly nor indirectly run into °£T y^™^ the South Bay nor river, and that his men do promise, upon GiTes bon<1 oath, not to do the same, nor to give any intelligence to any goutn RiTei.; person, on sea or shore." A person of this name was sur- ana keeP se- 2 crecy. veyor of Virginia, at or about this time. Director-general and council, "considering the feebleness August 25. of the college when the director-general and honourable De persons aP- Sille shall be gone to South River, as they, under God's p°>nte(lt° 0 7 * ' act in ab- guidance, are resolved," other persons are appointed to act. senceof di- The director-general takes with him 1500 gyllens of black ™tor-seM- and white seawan, on the expedition to South River, to be Director used for the service of the company, either to pay soldiers' forthre°xpY. expenses or victuals, or for presents to the natives.3 option. The day before set apart throughout the province for fast, Fast day. thanksgiving, and prayer, for the expedition. The skipper of ship Love is commanded to engage with August 29. his ship, for the expedition, on " our assurance of remunera- vessels tion, and to be ready with his crew, ammunition, and victuals, m'esaed|nt0 3 v j j y the service, besides all such implements and materials for embarkation, as with ammu- may be sent on or before Thursday next." """'"' ,u Several skippers, it appears, declined acceding to the com- skippers de mands of 'the director-general and company, who thereupon ^[dl use assume a more persuasive mode, and say, "if the aforesaid miiderian- skippers or merchant vessels accommodate them each with guage' 1 Albany Documents, vol. xi. pp. 34, 35. 2 MSS. A. P. S., in Reg. Penns. vol. iv. p. 96. Albany Records. McSherry's Maryland. 11 Albany Records, vol. x. pp. 88, 91, 92, 94; vol. xi. p. 35, 39, 64. Q 182 1655. May take in cargoes, but must remain at anchor till the suc cess of the expedition is known. August 29. Further de mands for vessels, pro visions, &c. August 30. Last warn ing. Three yachts August 31. A French privateer en- Damages to he paid. Sept. 6. Sailing of the expedi tion. JOHN RYSINGH, GOVERNOR OF THE SWEDES. two men, besides with the surplus of their victuals and am munition, on all which it is resolved to indemnify the skip pers, and at the same time they are permitted to take in their lading, provided they remain at anchor till the success of the expedition shall be known, or if ready before, to fetch their permit and despatches from South River, while the director- general and council deem it of the highest importance to inform the mayors in Finland, as soon as possible, of the success of the expedition." " Van Tienhooven and Frederick De Koninck, captain of the man-of-war « The Balance,' are by warrant authorized and commanded to go on board the ships ' Bear,' ' Spotted Cow,' and 'New Amsterdam,' and first solicit the said skippers, and on refusal to command them, and require from each ship two men, 200 pounds stockfish, two or three firkins of barley, one ton of beef, one ton of pork, with 300 pounds of bread, and as much powder as they can spare, without inconvenience, delivering to the skippers a receipt."1 A formal notice is served upon each of the skippers of the vessels New Amsterdam, Spotted Cow, and Bear. " The skipper of the ship is warned, for the last time, to send with out any further delay, two expert sailors on board the man- of-war the Balance."2 Three yachts are also employed for the expedition, at six guilders a day, provided they, the skippers, procure two men and one boy at their own expense."3 The director-general and council " have deemed it neces sary, to insure the success of, the proposed expedition, to engage, besides the vessels and yachts in actual service, the French privateer lately arrived here, and named L'Bspe- rance." In case the galliot receives damage, Captain Jean Flamand is to receive reasonable compensation, agreeably to decision of impartial and expert men."4 All these, and probably other • preparations being com pleted, the vessels take their departure for the South River, where, after a very short passage, they arrive in safety. The fleet consisted of seven vessels, having on board from six to seven hundred men. The director-general was accompanied by the honourable Mr. De Sille, and the Rev. Mr. Megapo- lensis, as chaplain, a force certainly amply sufiicient to com- i Albany Documents, vol. xi. pp. 36 — 38. 2 Albany Records, vol. xii. pp. 41, 42. Ibid. 4 Ibid. PETER STUYVESANT, DIRECTOR-GENERAL. 183 pel the small number of Swedes on the Delaware to any 1655. measures they might see proper to propose. ' '—' Although the preparations at Manhattan seem to have been conducted with no special secrecy, except so far as to prevent persons departing who could communicate information im mediately to the Swedes, they appear not to have been fully apprized of the facts ; yet it is asserted that they had a hint of what was in progress, through some of the savages ; but whether they placed confidence in their reports or not, no special means of defence were apparently adopted by them. The first point on the Delaware where we hear of the fleet, was Fort Elsingborg, which was in ruins. Here they made arrangements for the grand attack on Fort Casimir. Fortu nately, we have a full report of the proceedings of the Dutch, in the following letter from Stuyvesant himself, dated at Fort Casimir, after the surrender. Letter from Stuyvesant to the council at Fort Amsterdam : Sept. 12. "Honourable, prudent, and discreet — On Sunday, justly stuyvesant's eight days from this day, after the sermon, was our departure, council" at* The next day, about 3 o'clock in the afternoon, we arrived in tertnesur- the bay of the South River ; a profound calm, with an incon- ^"admir. venient tide, prevented our coming up till the following day, when we cast anchor before the Swedish Fort Elsingborg ; there we took a review of our small force, and divided it regularly into five sections, each under its own colours. On Friday morning, wind and tide being propitious, we lifted anchor, passed Fort Casimir about 8 or 9 o'clock, without any act of hostility from either side, cast our anchor about the distance of a small goteling's shot above the aforesaid for tress, went directly on shore with our force, despatched Cap tain-Lieutenant Smith with a drummer, towards the fort, to claim the direct restitution of our own property. The com mander solicited time for consideration, and till he should have communicated the event to Governor Rysingh, which was rejected ; meanwhile were all the passes leading from the fortress to that of Christina, occupied by fifty of our soldiers, while the commander, Schute, was a second time solicited and warned, under the favour of our cannon, that he would not wait an attack of our troops, to avoid bloodshed, with other more serious calamities. The commander, in an swer, solicited an interview with us for a negotiation, which being acceded to, he did meet us in the valley, about the 184 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. middle, between the fort and our newly-constructed battery; ' — ' — ' and instantly was his request that he might be permitted to despatch an open letter, after it was shown to us, to the go- stuyvesant's vernor, which proposal was seriously rejected. He left us utter, con- then, dissatisfied, on which our troops approached the valley in sight of the fort. When, in the meanwhile, our breastworks were raised about a man's height, the surrender of the fort was demanded for the third and last time, on which was humbly supplicated a further delay, till early the next morn ing, which was granted, because we could not be ready with our battery that evening or following night, to approach yet nearer the fort, under the favour of our guns. The next morning the commander appeared, and entered with us into a capitulation, on the following conditions : about morn, our troops, with flying colours, marched into the fort, and this day a sermon was delivered, with our imperfect thanksgivings, as God's hand and blessing was so remarkably visible with us, as well in the weather and prosperous success, as in the discouragement of our enemies ; wherefore we request and command, that the allwise and good God shall not only, on the usual days of worship, but on a solemn day, to be ap pointed by your honours, be openly thanked and praised, and be further ardently addressed with prayers, that it may please his Divine Majesty to favour us with his further aid and blessings. "Yesterday, about noon, when the fortress surrendered, arrived the factor, Elswyck, from Fort Christina, and asked, in the name of the commander, in a courteous manner, the reasons and intention of our arrival, with the orders of our principals. The answer was, < to recover and preserve what belonged to them.' He then requested that we might remain satisfied with what has been effected, without advancing more forward towards the Swedish fortress, with persuasive elo quence and courteously artful arguments, at last interlarded with threats, hodie mihi, eras tibi, which were answered as the tone and the case required. Our small force is meanwhile preparing to march hither to-morrow, or the day after to morrow. We are induced to move slowly on for our own salvation, partly to try our men, partly to send your honours an early communication, with regard to the first and last orders of our lords the mayors, in their last letters relating to that point, expecting your advice and opinion on these PETER STUYVESANT, DIRECTOR-GENERAL. 185 letters with the present messenger, who is to return without 1655. delay ; and to enable your honours to do this with greater ' 'w effect, I send you a copy of their private letter, addressed to me personally, which letter your honours will be so good [to return?] with their general letter on this subject, and com municate us their advice. "I will, meanwhile, consult on the best measures, with the honourable De Sille and Captain Koninck, and adopt them accordingly, with which concluding, I recommend you to God's protection, and remain, meanwhile, honourable, pru dent, discreet, your affectionate friend, P. Stuyvesant. " In Fort Casimir, 12th September, 1655. " About thirty Swedes have submitted to us, and solicited to be permitted to go to the Manhattans, whom you may ex pect by the first opportunity, and whom ye will treat with civility. We hope these will soon be followed by others."1 The following are the articles of capitulation at Fort Casi- sept. n. mir, or Trinity : " Capitulation or conditions on which Fort Casimir, by its Articles of commissary, Swen Schute, was surrendered to the honourable ^5*"^°^. director-general, Peter Stuyvesant, mir. "1. The commander shall, whenever it may please him, swedes may or when he obtains an opportunity, by tho arrival of the adT^uns, croon, or by any other private vessels, be permitted to trans- &°- sport from the Fortress Casimir, all the artillery belonging to the crown, either large or small guns, as they were desig nated by the commissioner, 4 iron guns of 14 lb. balls, and 5 pieces, viz. 4 small and 1 large one. "2. Twelve men, with their full arms and accoutrements, Twelve men shall be permitted to march from the fort with the commis- witntlie sioner, as his life-guard, the remainder only with their side- commission- arms, provided that the guns and muskets belonging to th* f0rt,asaiife- crown shall remain at its disposal, or that of the commis- guard; the i «• i 1 rest with sioner, to transport them from the fortress whenever the com- side-arms. mander may have an opportunity of bringing it to its execution. " 3. To the commander shall be delivered in safety, all his Private ef- personal property and furniture, which he may either carry „,„ giTen with him, or send for, when it shall please him, and so too, B? *° them> provided lio all the goods of all the other officers, provided that the com- surrenders mander remains obliged to surrender, this day, the Fortress j^^™4 Casimir to the director-general, with all its guns, ammunition, property. 1 Albany Records, vol. xiii, p. 348. 24 w^° now w's^ to depart with their personal property, provided shall obtain from the director-general a convenient vessel, totake ttem which at Sand Point shall take them in, and transport them to Sweden, further to the Texel, and from there further with a Boejjer galliot or other good ship, to Gottenburg, free from expense, provided that such ship or galliot shall not be molested or detained at Gottenburg, for which the aforesaid governor remains responsible. " 9. If Governor Rysingh, Factor Elswyck, or any minis- Nottohe ters of the aforesaid crown or South Company have contracted rest&r debt anv debts, they shall not be subject to arrest within the go vernment of the aforesaid general. PETER STUYVESANT, DIRECTOR-GENERAL. 189 "10. Governor Rysingh is permitted to inquire, unmo- 1655. lested, how the late commander, Schute, officers, and other ' — ' — ' soldiers, have conducted themselves in the surrender of the fortress at Sand Point. "11. Provided the governor engages to march out of the Fort to be Fortress Christina on this day, being the 25th of this month, f™n up *"" September, with all his men, and to surrender it to the director-general. Done and signed on 25th September afore said, a. D. 1655, on the paved place between Fort Christina and encampment of the director-general. " Peter Stuyvesant. " John Rysingh, Director of the country, New Sweden." " It is further agreed by capitulation, that the skipper with Special whom the governor, Rysingh, and factor, Elswyck, shall de- I^Tsy.*0 part, shall be expressly commanded to land Rysingh and smghand Elswyck, either in England or France, and that the director- Engundor general shall advance in cash to said John Rvsingh, or by a s™noe> and advance him bill of exchange, the sum of £300 Flanders, which sum the money, Ey- aforesaid Governor John Rysingh accepts to pay in cash, or aineh pro" . by a bill of exchange, at Amsterdam, to the director-general pay in Am or his order, within six months after reception of said money, sterdam> . ....... . leaving his giving the meanwhile, in security for this money, an equiva- effects as so- lent out of effects belonging to the crown or South Company, curity' to director-general, upon a receipt to be left here, with a copy for the party, both signed by the contracting parties on 25th September, 1655, on the paved place between Fort Christina and the encampment of Director Peter Stuyvesant. " Peter Stuyvesant, "John Rysingh."1 In a postscript of the 24th, Stuyvesant says he sends the capitulation directors the "capitulations concluded with Fortress Christina, cfh^tma to be signed to-morrow," referring to the messenger for par- noticed. ticulars ; hopes soon to be with them ; recommends his affec tionate wife, children and subjects to God, and anticipates a " splendid" meeting, &c.2 We have the Swedish account of the whole affair at both Swedish ac- forts, in the following report of Governor Rysingh himself, ™™utr°fJ1;e in which he censures the valiant Swen Schute for so readily Forts cims- delivering up Fort Trinity. The Dutch account of the latter c™1^. affair we do not find. There is a difference of dates between the two accounts respecting Fort Casimir, otherwise, as far 1 Albany Records, vol. xiii. pp. 355—359. 2 Ibid. p. 351. 190 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. as they relate to the same matters, they agree tolerably ' ' ' well. " Report concerning the hostile and treacherous invasion Governor of the Swedish colony in New Sweden, by the Dutch, under official^ tne command of P. Stuyvesant, governor of the New Nether- port- lands, wherefore the faithful subjects of his royal majesty of Sweden, who have endured such violence, do most humbly betake themselves to his royal majesty's most gracious shelter and protection, to the intent that they may be sustained and indemnified for the wrongs and injuries which they have suffered. " In the year 1655, on the 30th day of August, the Dutch from the North River, where Manhattan or New Amsterdam is situated, with seven ships or vessels, under command of the said P. Stuyvesant, having on board 600 or 700 men, arrived in the South River, where New Sweden lieth, and anchored before the fortress of Elsingborg, which was then dismantled and ruinous ; the next day they passed Fort Casimir, and bringing to a little above, they landed, and immediately sum moned Swen Schute, who was in command, to surrender the fort, enforcing their summons both with menaces and per suasion, and proceeded to throw up some works. Some time before this, having learned from the savages that the Dutch were about to assail us, we had caused Fort Casimir to be supplied with men and munitions to the best of our ability, and had drawn up a resolution in writing to defend the fort in case the Dutch should attack it, ordering Captain Schute, the commandant, to send on board their ships, when they approached, and demand of them whether they came as friends, and in any case to warn them not to run by the fort, upon pain of being fired upon, (which in such case they could not reckon an act of hostility.) But if they were minded to treat with us as friends, concerning our territory and boun daries, he should compliment them with a Swedish national salute, and assure them that we were well disposed to a fast friendship. Nevertheless, Captain Swen Schute not only suffered the Dutch ships to pass the fort without remonstrance or firing a gun, whereby they gained the command both of the fort and of the whole river, and cut off the communica tion between the forts, by posting troops between them, as high up as Christina Creek, but surrendered the fort to Stuy vesant by a dishonourable capitulation, in which he forgot to PETER STUYVESANT, DIRECTOR-GENERAL. 191 stipulate a place to which he, with his people and effects, 1655. might retire ; he also subscribed the capitulation, not in the ' ' — ¦ — ' fort or in any indifferent place, but on board a Dutch ship. So Stuyvesant detained the garrison, and transported most Governor of them to Manhattans, whereby we were greatly reduced in ^°f^ strength and endangered, and not even knowing as yet that port con- Fort Casimir had so suddenly fallen into the enemy's hands, t™163, we had sent thither, in the mean time, nine or ten of our best men to strengthen the garrison. This detachment, when they had crossed Christina Creek, betimes in the morning, found the Dutch posted there, who immediately attacked them, fifty or sixty men strong, and summoned them to surrender, but they put themselves in posture of defence, and after a skir mish with the Dutch, were all taken prisoners, except two, who retreated to the boat, and were several times fired upon by the enemy, but without being slain or wounded. Upon this we fired upon the Dutch from the sconce, with a great gun, whereupon they retired into the woods, and afterwards treated harshly and cruelly such of our people as fell into their hands. " The same day, the factor Elswyck was sent down from Fort Christina to Stuyvesant, to demand an explanation of his conduct, and to dissuade him from further hostilities, as we could not be persuaded that he seriously purposed to dis turb us in the lawful dominions of his royal majesty and our principals. But as Stuyvesant had so cheaply obtained pos session of Fort Casimir, whither we had sent our best soldiers, thus depriving ourselves in a great measure both of men and munitions, he would give Elswyck no satisfaction, but claimed the whole river and all our territory, and had well-nigh de tained Elswyck as a spy. When we learned this, we collected all the people we could for the defence of Fort Christina, and laboured with all our might, by night and by day, in strength ening the ramparts, and filling gabions. * The next day, being September 2, the Dutch showed themselves in considerable strength on the opposite bank of Christina Creek, but at tempted no hostile operations. On the morning of the 3d, they hoisted their flag on our shallop, which lay drawn up on the beach, and appeared to be about establishing themselves in a neighbouring house. We .therefore sent over Lieutenant Sven Hook, with a drummer, to demand what they purposed, for what cause they posted themselves there, and for what we tinued. 192 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. should hold them. When he had nearly crossed.the creek, he ' — ¦ — ' asked them from the boat, whether he might freely go to them ? They answered yes ; and whether, after discharging Governor his commission, he might freely return ? to which also they Kysingh's answered, yes, as we could all plainly hear in Fort Christina, official re- ' J 3 c port, con- and can bear witness accordingly. So the drummer rowed the boat to the shore, without beat of drum, because the lieutenant already had their parol, and knowing no cause of hostility, he supposed this ceremony to be unnecessary. They then both went on shore, and an officer met them, and con ducted them some distance to a house, where the enemy had already taken up a position. The Dutch then sent our lieu tenant down to Stuyvesant, pretending that he was a spy, and Stuyvesant arrested him ahd threw him into the ship's hold, but Captain Fridr. Kb'nish detained the drummer and his drum in his own custody, and thus they treated our mes sengers, contrary to the laws and customs of all civilized nations. "By the 4th, they had planted gabions about the house on the opposite bank of Christina Creek, and afterwards threw up a battery under cover of them, and intrenched themselves there. Some of our people interpreted all this as indicating the purpose of the Dutch to be to claim and hold all our territory up to the creek, and to construct a fort there, not yet believing that they would, in contempt of public peace, and without any known cause, commence hostilities against us, until they had set up some claim, or promulgated some protest against us, whereas, up to this time we had received from them neither message nor letter assigning any manner of cause or complaint. " On the 5th, the Dutch ships went up to Third Hook, (tridie Hoeck,) where they landed their men, who then passed over to Timber Island, and thence over the great falls, (stoore fallet,) and so invested Fort Christina on all sides. They brought their ships into the mouth of the creek, and planted their great guns on the western side of the fort, and when we burnt a little powder in a Couple of pieces to scale them, they fired several shots over our heads from Timber Island, where they had taken post in a house, and announced to us that they ha.d taken up a position on the west side, by regular volleys. We continued to prepare ourselves to make the best defence which our strength would allow, if we should be tinued. PETER STUYVESANT, DIRECTOR-GENERAL. attacked, for we were not yet satisfied what the Dutch in tended ; but in a short time an Indian came in to us with a letter from Stuyvesant, in which he arrogantly claimed the whole river, and required me and all the Swedes either to Governor evacuate the country, or to remain there under Dutch pro- Eysinsh'8 • ¦ii • i. -i offloial re- tection, threatening with the consequences m case of refusal, port, con- Hereto I answered briefly, by letter, that I would reply to this extraordinary demand by special messengers, and sent him my answer by the same Indian. We then held a general council of war, as to what should be done, if the Dutch assaulted us by storm or battery, and it was determined that we should, in any case, maintain the defensive, and make the best resistance we could, but should not commence or provoke hostilities, on account of our weakness and want of supplies ; that we should wait until they fired upon us, or began to storm the works, and then defend ourselves as long as we could, and leave the consequences to be redressed by our gra cious superiors. " The Dutch now began to encroach upon us more and more every day. They killed our cattle, goats, swine, and poultry, broke open houses, pillaged the people without the sconce of their property, and higher up the river they plun dered many, and stripped them to the skin. At New Gotten burg they robbed Mr. Pappegoya's wife of all she had, with many others, who had collected their property together there. They continued to advance their approaches to Fort Chris tina, (which was a small and feeble work, and lay upon low ground, and could be commanded from the surrounding heights,) and threw up two batteries besides those on the op posite bank and on Timber Island, and hoisted their flags on all of them, as well as on our ship in Fish Creek, all which hostile acts, injuries, and insults we were, to our great morti fication, compelled to witness and suffer, being unable to resist them, by reason of our want of -men and of powder, whereof our supply scarcely sufficed for a single round for our guns. Notwithstanding all this, we still trusted that they would at length be persuaded to hear reason, and accordingly, on the 7th, we sent messengers down to Stuyvesant at Fort Casimir, with a written commission, whereby we sought to dissuade him .from further hostilities, protesting against his invasion and disturbance of our proper territory without cause as signed, or declaration denying, as far as they could, our right 25 » 194 1655. Governor Rysingh'sofficial re port, con tinued. JOHN RYSINGH, GOVERNOR OF THE SWEDES. of possession in the river ; also suggesting to him the jea lousies between our respective sovereigns, and other conse quences of great moment which would ensue ; that we were determined to defend our rights to the utmost of ,our strength, and that he must answer for all consequences, and finally required him to cease hostilities, and to retire with his people from Fort Christina. But all this availed nothing with him, and on the contrary he persisted in his claim to the whole river, and would listen to no terms of accommodation, de claring that such were his orders, and that those who had given them might answer for the consequences. He then wrote me a letter on the 9th, in which he anticipates all terms of accommodation, will not allow that we have any rights to the said river, seeks to refute our arguments, and styles our possession a usurpation, and so interprets every point to his own advantage. " As we still determined to maintain our own defence, and abide the result, the enemy continued to carry on their ap proaches day and night, and with our little force of about thirty men, we could make no sorties, or prevent him from gaining positions from which he could command the sconce so completely that there was not a spot on the ramparts where a man could stand in security, and as he now daily advanced his works, and summoned us to capitulate, with threats of giving no quarter, our men proposed to us to go out and try to bring Stuyvesant to reason, both on account of our want of supplies, and the advanced condition of the enemy's works, and especially because our provisions were scanty, and would soon be exhausted. Besides, our few and hastily collected people were getting worn out, partly sick, and partly ill disposed, and some had deserted. From these considerations, and the fear of a mutiny, it was agreed, that I and Elswyck should go out the next day and hold a parley with Stuyvesant, and endeavour to restrain him from forcible measures, and to bring him to reason. We accordingly went out for this purpose on the 13th, and Stuyvesant and Nicatius de Sille met us between the sconce and their most advanced work. We solemnly protested against his procedure and his hostile conduct, and replied verbally to his last-mentioned letter, confirmed our title with the best arguments we could, and held a long discussion with them ; but all this produced no impression upon them, and they maintained their first PETER STUYVESANT, DIRECTOR-GENERAL. I95 ground, and insisted upon the surrender of Fort Christina 1655. and the whole river, to which we replied Ahat we would de- ' • — ' fend ourselves, and resist them to the last, clearly showing them that they were unjustly invading our possessions, and Governor declaring that we would appeal to our government to redress J^°f^ our wrongs, and protect our rights thus forcibly trenched port,con- upon, and so we went back to the sconce, exhorted our men to a manly defence, and encouraged them as well as we were able. " As soon as the Dutch had nearly completed their works, they brought the guns of all their batteries to bear upon us, and on the 14th instant formally summoned Fort Christina, with harsh menaces, by a drummer and a messenger, to capi tulate within twenty-four hours. We then assembled a general council of the whole garrison, and it was found to be their unanimous opinion, that inasmuch as we had not sufficient strength for our defence, (the Dutch having completed their works against the sconce, and neither the sconce nor the gar rison being able to stand an assault,) and were in want both of powder and other munitions, and had no hope of relief, therefore they were all of opinion, that we should make the best terms we could obtain with the Dutch ; all which may be seen by the documents. So the next day we announced to the enemy, that we would consider their summons within the time prescribed, and being now reduced, by our want of supplies and weak condition, to yield to the violence practised upon us, we concluded a capitulation with Stuyvesant, as may be found by the original among the documents, and surren dered Fort Christina to him on the 15th instant, stipulating that the guns and all the effects belonging to the crown or the company, should be restored by the Dutch, according to the inventory, upon demand, and reserving the restitution of our sovereign's rights, in time and manner fitting ; providing also, that the Dutch should freely transport to Sweden, both us, and as many Swedes as chose to accompany us, for we held it better that the people should be restored to their father land's service, than to leave them there in misery, without the necessaries of life, in which case they would have entered the service of the Dutch or English, and never again advan taged their country."1 After the success attending the capture of the two forts, it is said, by Campanius, " the Dutch proceeded to destroy New 1 N. Y. Hist. Soe. Coll. N. S. vol. i. p. 443—448. 196 1655. Gottenberg falls into the hands of the Dutch. Swedes hard ly used by the Dutch. Indians attack the fort. Tender of Fort Chris tina to Gov. Itysingh. JOHN RYSINGH, GOVERNOR OF THE SWEDES. Gottenburg, laying waste all the houses and plantations with out the fort, killing the_cattle and plundering the inhabitants of every thing they could lay their hands upon."1 No other document has fallen into our hands to confirm this statement; although the Swedish power on the river being subdued, this fort of consequence came into possession of the Dutch. Aerelius says, " the Swedes suffered great hardships from the Dutch. The flower of their troops were picked out and sent to New Amsterdam ; though under pretext of their free choice, the men were forcibly carried aboard the ships. The women were ill treated in their houses, the goods pillaged, and the cattle killed. Those who refused allegiance were watched as suspicious. That this ill usage took place, appears from the testimony given by Rysingh to those who had suf fered, several of which were preserved in the original. The Dutch have in vain endeavoured to defend their aggressions by allegations that the Swedish establishment was by a pri vate company, because the whole was undertaken under the authority and protection of the government."2 One of these certificates given by Rysingh, is copied on the records of the Swedes' Church in this city ; it is " a passport given by Rysingh to Nicholas Mattson. "I do by these presents certify, that the bearer has, during my whole time, 'behaved as an honest faithful servant of the crown. He was brought on board the enemy's vessel, and endured, for three weeks, with the other prisoners, contumelious in sults. In the same time his house was plundered, and his wife stripped of her very garments."3 Lambrechten says, " it is a fact, that in the fall of this year, Fort Casimir was assaulted by more than 500 Indians, instigated, as it is presumed, by the Swedes."4 Agreeably to the instructions given to the director-general, a tender of Fort Christina was made to Rysingh, as is related in a Dutch document already referred to, which says, " al though the above-mentioned acts (alluding to the surrender) might have been supported and justified according to the laws of nations, and to several views, nevertheless did the company, to show and declare to the world that they did not wish nor seek any hostilities with anybody, but only maintain 1 Campanius, p. 84. Holl. Doc. vol. viii. p. 32 — 60. 2 Acrel. p. 417. s Records of Wiccacoa Church. « Lambrechtoii, p. 109. He gives as authority, Holl. Merc. 1658, p. 43. ar rives at Manhattan. PETER STUYVESANT, DIRECTOR-GENERAL. and defend their own rights, they made, on the same day (of the surrender,) a written offer to put Fort Christina again into the hands of the said John Rysingh, on honourable and reasonable terms, to be sworn to and faithfully kept on the part of him and his officers, as authorized by her royal majesty of Sweden, on one side, and on the part of the di rector-general and his council on the other, as authorized by the company ; but the offer was declined by Rysingh, under pre tence that this affair was not complete, and he would rather hold himself to the capitulation made." Rysingh, the late governor, arrived at Manhattans in a Kysingh " frantic mood," charging Governor Stuyvesant with a breach of some of the articles of the treaty, loss of public property, ms conduct and not suitably providing for his accommodation, all which there' are replied to in the following communication to Rysingh from Stuyvesant: "Petrus Stuyvesant, in behalf of the New Netherland, &c, October 28. does insinuate to you, John Rysingh, as he is pleased to qualify himself, formerly director of his royal majesty of Sweden and the company of the South in New Sweden : "1. That your honour placed, besides the houses in the Letter from Fortress Christina, some effects and materials which have not stuJTesallt t »-n /~i - Rysingh, been delivered to us, but may be left in Fortress Christina, complaining whereof we now inform you, protesting that we do not con- ^?s^a1"re. sider ourselves holden to the restitution of any other effects ferringto or materials than those we received, and for which you have restoreFort our receipt ; whereas, besides that we, (in regard of the old Christina. confederation and union between their High Mightinesses and crown of Sweden,) did offer you the Fortress Christina, with out doing it any hurt, or forcing it by our artillery, and with same intention made you an offer of the keys before your departure, yet you left it unprotected and abandoned it, and therefore all losses and damages suffered by the interested are to be answered by you. We shall, however, as far as it yet remains in our power-, endeavour to protect it, by our delegates and soldiers on South River, till the crown of Swe den and their High Mightinesses shall have compromised this business, and informed us both of the result. "2. We insinuate that when you, last Sunday, stepped here on shore in a frantic mood, you injured us in our quality, by uncouth language, and many threats that you would per secute us in every corner, would accuse us of an infraction n2 198 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. of a solemn capitulation, because we declined to accommodate """¦ — ' you, with your suite, to your satisfaction, and did not offer to defray your expenses, whereas, you cannot prove, by the let- Letter con- ter of the capitulation, that we were holden in any manner B^'h to defray your expenses, or those of your suite, but only a having left free passage to some parts of Europe, for whieh end you were u " embarked, with your dependants, in a capital ship, "the is absolved Balance," and provided by the captain with an honourable his'e'xp'e'nXs! entertainment, till the merchantmen ready to sail could admit you, with your accoutrements and baggage ; so that when you left the ship voluntarily, with your people, we deem not our selves further obliged by the capitulation to defray any of your further expenses, except only in the way of courtesy, and from respect to your high station, on which last account only, we presented you more than once, and offered by re spectable individuals, to accommodate and entertain you in my own house, with which, nevertheless, you seemed not satisfied. We succeeded in persuading you, by others, to re side in one of the principal houses in this city, when, how ever, indulging yourself in unmannerly threats that you would return to destroy the place, with other indecent lan-y guage and actions, you scared so much the honest inhabitants of the house, that for peace' sake they left their own lodgings for a while, by which conduct, and your usual threatenings, before and after that day, in such an unmannerly way against ourselves, this province and city particularly, just reasons were given us, after we produced many proofs from respect able and reputable persons, to compel you to defend yourself and conduct, but so far is it, that we made use of our right, that we set it entirely aside, by our respect for the crown, and the high relation in which you stand to it. While we only went so far as, by our own station, we were in duty bound to do, because the rumour of your threatenings had struck the ears of the skippers and passengers with whom, agreeably to the capitulation, you were to embark, so that their fears were raised, and they were not without apprehen sions if prudence would permit them to take you, with your suite, and such a large number of your dependents, in their ships, except they obtained previously a good security for their ships and cargoes. They are at least unwilling, appre hending some mischief, to land you in England or France, in conformity to the secret capitulation, concluded without PETER STUYVESANT, DIRECTOR-GENERAL. 199 knowledge of your people, except they met, as by accident, 1655. in the Channel, or near the heads, some French or English '—^—' , vessel, of which we deemed it necessary to give you a timely information, by our secretary and witnesses, so that you may have no reason to blame us, but your unmeasured threaten- enings, if our orders concerning our secret capitulation were not executed. Done in Fort Amsterdam, day as above. " Peter Stuyvesant." Then follows a certificate of the secretary, Van Ruyven, " that he read the above, word for word, to Rysingh, residing at the house of Lieutenant Daniel Litschoe, in the city, de livered his protest, and left him a copy of it, to which he answered, ' It is well, I shall answer it,' in presence of Johan de Decker, commissary of Fort Orange, and Dirck Van Scheldyne, 28th October."1 The following order was passed by the director-general and council : " The skippers and freighters of the ship Bear remonstrate Arrange- that their ships are so fully laden that it was not in their ^"^J™. power to admit the Swedish passengers, with their goods, as sage to swe- was agreed in the capitulation, as the vessels are already much disqualified to go to sea, and would become far more so, while, nevertheless, the country's service requires that the Swedes, agreeably to the capitulation, should be accom modated with a passage to Europe. The attorney-general is commanded to visit the two above-mentioned vessels, and ascertain which of them can admit the Swedish baggage, and if all is filled up, then to unload so many goods and mer chandise of private persons, and carry them to the ship Water-hoost, till, to the satisfaction of the skippers, sufficient room is left for the Swedish baggage, more so as the service of the country, in conformity with the capitulation, requires such an arrangement. By order of director-general and council. C. Van Ruyven, Secretary."2 The following order for the debarkation of Rysingh,, was sent to the "Bear" and "Sea-cow:" "The skipper and merchant of the ship Bear, Cornelius order to Willimsen Beer, and Jan Jansen Behavur, are commanded '(^john to send on shore, either in England or France, as may suit Kysingh. them best, the honourable John Rysingh and Factor Elswyck, agreeably to the capitulation, and the remaining Swedes at 1 Albany Records, vol. a. p. 135—137. 2 Ibid. p. 135. 200 1655. October 28. Order for money to be paid to John Rysingh. Kysingh'sreceipt. October 29. Kysingh's answer to the letter of the director- general. JOHN RYSINGH, GOVERNOR OF THE SWEDES. the Helder, and to recommend to the commissary of the West India Company, Peter Claesen Croon, with their goods and merchandise, or transfer them there on a galliot, to be transported to Gottenberg free of all expenses, in conformity to capitulation. Done at Fort Amsterdam, &c." Then follow documents relating to the promised advance. " I, undersigned, certify and declare, that I have requested the honourable Cornelius Jacobsen Stanwyck to pay, in con formity to capitulation, the sum of 800 gyllens, or bill of exchange, for payment of which, with the interest, and all its eventual losses, I, undersigned, besides all the effects of aforesaid Rysingh in my possession, submit all my own pro perty, real and personal, to the control of any court of jus tice, wherefore I signed this with my own hand. " P. Stuyvesant." Then follows a receipt for the above bill, of John Rysingh to director-general, "agreeably to our capitulation, for two bills of exchange, one for 1000 gyllens on London, the other for 800 gyllens, together £300 Flanders, which being paid and satisfied, I promise to pay again the above sum within six months after received ; these in conformity with our capi tulation to aforesaid P. Stuyvesant, or order * * * for which I make a deposit, agreeably to our capitulation, of all the effects of the crown of Sweden and the South Company, now in possession of P. Stuyvesant, qualifying and authorizing him to dispose and sell so much of the effects of the crown of Sweden and South Company, as aforesaid sum, and da mages and interest will amount to, in good Holland money. " Signed, John Rysingh, " Hendrick Van Elswyck. " Witness, F. D. Decker."1 The following is the reply of Governor Rysingh to the director-general, soon after which he probably left the country : "Royal majesty of Sweden. His obedient servant and appointed director of New Sweden, John Rysingh's answer to you, Peter Stuyvesant, director-general of New Netherland : " On your honour's open writing, which was delivered me yesterday, at my lodgings, by three persons, I cannot but answer in few words, upon that which, in regard to those in ventories, was agreed between your honour and me. It is 1 Albany Records, vol. x. p. 136 — 146. PETER STUYVESANT, DIRECTOR-GENERAL. 201 evident, that by its contents, it is no more than just that 1655. your honour remains responsible for every article which re- ' — ¦ — ' mained in and out of Fort Christina. These materials and . implements of war, ammunition, &c., were delivered to Johan Kysingh's Davidson, the master of your artillery, and your commissary. J^^ If the persons appointed by your honour, and to whom the keys of these were delivered, had been dissatisfied with them, then they ought not to have accepted, or at least not kept these keys, much less should they have carried off these articles without the presence of some of my people. Your men took away, at Tennakong, in an uncouth manner, all the cordage and sails of a new vessel, and then they went to the magazine, without having the keys demanded, entered it alone, broke the boards of the church, and so took away the cordage and sails. " That ancient confederation and union between his royal majesty of Sweden and the high and mighty lords the States-General of New Netherland, which your honour is pleased to mention, has been truly very little respected by your honour, by your invasion, besieging, and conquering, finally, of the territory and forts of my most gracious lord and king, in this part of the world. What regards myself, I can never believe that the aforesaid High Mightinesses have instructed your honour with similar orders, more so, as your men acted indeed as if they had been on the lands of their inveterate enemy, as for one example, in plundering Tenna kong, Upland, Finlandt, Printzdorp, and several other places, which are indeed incontestable witnesses,, not to say a word of what was done in Fort Christina, where the women were vio lently torn from their houses, whole buildings destroyed, and they dragged from them, yea, the oxen, cows, and swine, and dther creatures, were butchered day after day; even the horses were not spared, but wantonly shot, the plantations destroyed, and the whole country left so desolate, that scarce any means are remaining for the subsistence of the inhabit ants. That I could not accept your honour's offer to reside again in Fort Christina, I think that I fully explained in my answer of 26th September last; that I was only responsible to his royal majesty of Sweden, and the honourable South Company. That your honour mentions that your troops had marched already, before my departure, out of the Fortress Christina ; that he delivered its keys to me, while I, in an 26 answer, continued. 202 JOHN RYSINGH, GOVERNOR OF THE SWEDES. 1655. unbecoming manner, left that place without defence or pro- 1 — ¦ — ' visions, which occasioned further damages, and that I for all these was responsible; to this I answer, not I, but your Rysingh's honour, left the fort bereft of every thing ; as you had car ried off, by your men, every thing which was discovered, yea, even mine own private property, with that of my family, although the greatest part of it had been conveyed, before hand, to the ship, when your men, drawing out about evening, on 28th September, (0. S.) invaded us, when we, with a handful of men, without any other defence, were left as sheep doomed to the knife, to receive the wild barbarians. It can not, in truth, be proved, that any keys of the forts have been returned to me by your men, and much less that I did accept these, and I am much astonished, indeed, that your honour can write such things to me. But it is happy indeed that you are not my judge, wherefore I neither care much about what your honour said, that I should remain responsible for it, and for all the damages which might have been occasioned by the defenceless state of the fort. Is it not risible indeed, that another person should become answerable for what has been caused by you alone ? I recommend this case to God, and to my lord and king, who will avenge the violence committed against his possessions and subjects. " I deem it not requisite to waste many words in answering the second point, neither ought that wdiich there is brought against me as a grief, be considered otherwise as a blas phemy ; I conversed before with many persons of high and low station, and knew, God be praised, very well to pay to each of them that regard which was due to them, neither am I inclined to act here against it, but how this has been reci procated towards me, shall be shown at the proper time and place. " The separate treaty, which your honour calls a secret capitulation, and which, as your honour stated, was concluded between him and me, without the knowledge of my people, is not quite so, as it was with their knowledge, and in their presence, upon the paved place, signed by your honour, which your honour is holden and obliged to execute, if he does not wish to be, in future, accused of having violated his word. What has been said of my violent threatenings is entirely unknown to me ; but if the sayings of a party are once ad mitted, then many might be believed against any honest man, PETER STUYVESANT, DIRECTOR-GENERAL! 203 of which not one can be proved. I endeavoured, with justice 1655. on my side, as it was stipulated distinctly by the capitulation, ' — ¦ — ' not to leave my countrymen here behind, who came hither with me, and tried to prevent their being hired to remain Kysingh's here, that all should embark with me in one ship ; but I soon lettf.r' . 7 r 7 continued. afterwards discovered that not only the largest part of them had been persuaded, by great promises, to stay here, while the few persons who could not yet be shaken were divided and distributed, against the capitulation, upon different ships, here and there, neither can they recover the small bundles of goods which they had saved. " I renew, therefore, my solicitation to your honour, that all my men may, without any further molestation, embark with me in the same ship, and further, that every article pro mised me in the general and separate treaty, both sanctioned hy your honour's signature, may be kept inviolate, while I pledge myself to your honour at this time, that neither by myself, neither of any of my people, any offence or outrage shall be committed upon any individual on the ship, during the voyage, either by words or deeds, and otherwise I pro test, as I now do, in optima forma, against your honour, against every transaction against my most gracious lord and king, and against his majesty's subjects, by the invasion, siege, and conquest of the whole South River of New Sweden. It may also appear, from the several parcels of goods, if it is not placed on the inventory as ship materials, cattle, and various other separate articles. Done in Amsterdam, in New Netherland, 29th October, 1655. John Rysingh."1 Governor Rysingh and his company take their departure Rysingh for Europe in the "Spotted Cow" and ".Bear," but were pt^&o^ compelled, by weather, to put into England, where he had an the country.- opportunity of communicating to the Swedish minister an account of the late occurrences on the Delaware, and received the £300, according to treaty. Thus terminates the short career of Governor Rysingh, and with him the Swedish power and influence on the Dela ware, the consequence of his rash and injudicious attack on the fort, and disobedience to the instructions of his govern ment. The Dutch have, therefore, again, under lieutenant- governors, controlled, appointed, and commissioned by the director-general and council, the entire command of the river, 1 Albany Records, vol. xiii. pp. 363 — 367. 204 DERCK SMIDT, COMMANDER AD INTERIM. 1655. for a time. During their joint occupation of the river for "— > — ' about seventeen years, such was the state of things arising from jealousy, and a mutual thirst for power, that the growth and settlement of the country made but little progress, though probably the Swedes had the advantage ; yet their increase was small compared with what, under other circumstances, might reasonably have been expected. It is true, they were not well sustained by the mother country, and to this may probably be attributed, in a great measure, their want of success. It is said that " two out of three Swedish clergymen were expelled the country."1 The one left was a man of " godless and scandalous life." Were there so many here? — their names are not mentioned. Derek smidt On Stuyvesant's departure for Manhattan, he appointed commiss'1 Captain Derek Smidt, commissary or interim commandant, pro tem. for a short time.2 A petition is presented to director-general by Abraham Nov. 29. Lucena, Salvador D'Andrade, and Jacob Cohen, " in their jews ask to o\vn name, and on behalf of the Jewish nation residing at SouthMver. New Amsterdam, showing that the suppliants, on February Declined ge- 13; 1655, were permitted by the director of the West India permitted Company, &c, to travel, reside, and trade here as other in- forthepre- habitants, and to enjoy all the privileges," &c, "soliciting, ' therefore, most reverently, that your honour will not obstruct them, but permit that they, agreeably to the obtained privi lege in Holland, may travel and trade on the South River, &c, with the same liberty as the other inhabitants." Each member of the council gave his opinion on the subject; Stuyvesant and Montagne said, " it cannot be granted, for weighty reasons ;" De Sille thought, as " they had embarked some goods for South River, it might not be becoming to grant a permit, but wait orders from the directors ;" Tien hooven "thought it would be prejudicial to the [trade?] and population of this country, and therefore, at present, during winter, ought to be rejected, and carefully and fairly repre sented to the directors, and that a young man, for the present, of that nation, may depart for the South River with a few 1 O'Call. vol. ii. pp. 290, 318, and note, which says, " that one freeman was appointed to read, every Sunday, something from the Apostles; that the Lu theran minister who was there was sent to Sweden ; that by the capitulation, one Lutheran minister shouki be retained, which was granted." 2 Aerelius, p. 418. , PETER STUYVESANT, DIRECTOR-GENERAL. 205 cargoes, without being drawn into precedent." They there- 1655. fore came to the decision, that " for weighty reasons, is the ' ¦ — ' request expressed in general terms declined, but as we are informed the suppliants have embarked already some goods thither, so are they now permitted to send two persons to wards South River, to trade with it, and when they shall have disposed of their goods, then to return hither."1 The director-general and council, "wanting, for the pro- Nov. 29. motion of the interests of the company on South River, an JohnPaui expert and well qualified person to command there in their p^dXe- absence, and direct the affairs at that distance, on the good director, ms reports, and their own knowledge," appointed JohnPaui Jac- COui quet, " confiding in his probity, experience, and talents," vice-director and chief on that river, and commander of all the forts, lands, and places on said river, to keep good order for the security of Fort Casimir, and other places already fortified, or which may be fortified in future, and to have his orders observed and executed, in all concerning commerce, police, justice, militia ; and further, to command all the sol diers, boatmen, freemen, officers of any class, either now in office, or that hereafter may be commissioned by him ; to act as vice-director in behalf of the company, to keep order, do justice and administer it either in civil or military cases, and finally, to execute all what, by his station and office, might be required, agreeably to instructions received or to be re ceived."2 The following is a summary of the instructions given him : December 3. To have, in the fort and river, command of all officers, Histnstruc- soldiers, and freemen, possess chief authority, place of ho- *j^ oHaTe nour, and first vote in council and all meetings called by him, mand and to which he shall propose all matters relative to police, jus- eMtmg Totc- tice, commerce, &c, to be decided by a majority of votes, he having the casting vote. The council to consist of Vice-director Andreas Hudde, Members of Elmerhuysen Klein, and two sergeants, if an affair purely Usconnca military, or relate to the company exclusively; but if purely civil, between freemen and the company's servants, then, in stead of two sergeants, two most expert freemen. A. Hudde to be secretary and surveyor, and keep minutes, a. Hudde, Keys of the forts and magazines in the place of the vice- seoretary ,. . . ii« . and survey- director's residence, to be intrusted to him ; he alone to give or. ' Albany Records, vol. x. p. 178. 2 Ibid. p. 174-. 206 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1655. the watchword, and enjoy all general and special authority, ' — ' — ' and command of other officers under him. Strictly to observe the regulations respecting the sale of Observance brandy, &c, to Indians, plundering gardens and plantations, baa " Sal> running through the country, in town, and drinking on the Sabbath, its profanation, &c. No officers or soldiers to be absent from the fort at night ; No officers to no freemen, especially no Swede living in the country, to stay from fort at in tlie fort at nignt- Fort Casimir not to be too often visited night, no by them or the savages, much less the fortifications examined. stlyinit. In this respect, pay particular attention on arrival of any visits to foreign vessels, yachts, or ships. No vessel to go above or below Fort Casimir to trade with No vessel to savages or Christians, but such as remain at the fort at an- lort^Genfr6 c^or) an^ well near the shore. All on guard to be kept in rai reguia- good order, keep fort in good repair, and its fortifications in proper state of defence ; but permission may be granted to plant, on taking oath to assist the fort, or be transported, in case they refuse the oath. In granting lands, above all things, take care that a com- Respecting munity of at least sixteen or twenty persons reside together, lands. Num- J „ ... , J L . , , ° . ' bers to re- °f so many lamilies, and to prevent coveting lands, require, side togeth- for ^g present, instead of one-tenth to be paid per morgen, lands. only 12 stivers per annum. Grant no houses or lots on the side of the meadow of Fort special di- Casimir, viz. between the creek and the fort, nor behind the ceming the f°r*> that land to be reserved for fortifying and outworks of lands near the fort. For favouring the dwelling together on the south side of the fortress, lay out a convenient street behind the streets to be houses already erected, and lay out convenient lots in the same, about 40 or 50 feet broad, by 100 long, and the street at least 4 or 5 rood broad. Take very good notice of the behaviour of the Swedes December 3. there being yet, and in case any of them should be found not observe con- well affected to the honourable company and the state of our duct of the .* . „ , , , swedes. native country, "to prevent further trouble, you are to cause all such, with all imaginable civility, to depart, and if possi ble, send them hither," &c. This was probably the commencement of the present town of New Castle, then called New Amstel. Jacquet's Jacquet took the oath to be loyal and faithful, administer justice, and maintain laws, " maintain and protect the Re- oath. PETER STUYVESANT, DIRECTOR-GENERAL. 207 formed religion, as it is learned and instructed in this country, 1655. in conformity to the word of God and the synod of Dor- ^ — ' drecht, and to promote it as far as his power may extend ; secure and defend the fort, &C."1 The following duties were imposed by Jacquet : on hogshead Dec. 20. of French wine, 20 guilders ; anker of brandy, and distilled Duties on waters, per tun, 6 guilders ; Holland or foreign beer, per f^bm' tun, 4 guilders.2 No liquor to be sold to Indians. Persons appointed by Jacquet to examine the situation of Dec. 25. the fort, report it to be " very much decaying in its walls and Decayed batteries, and if it should ever be of any use, it ought to be oiunir'.1'™' renewed from the bottom, as the outworks are nearly de stroyed, while what remains cannot last very long, from its disrupted and tottering situation."3 Jacquet had previously, for many years, resided in Brazil, in the service of the company. A license of marriage is recorded, between Wm. Mauntz, Marriage "a young man from Wallshire, old about 33, to Jannitze Tomas, born in New Netherland, old about 16 years."4 Several sachems arrived at Fort Casimir, and demanded to Dec. 28. be heard, as they had proposals to make, which being granted, Meeting of they, in presence of Hudde, Gysbert, Bracy Elmerhuysen, sachems at Sandy Boyer, and many others, stated — First, that from the Their de late commander, (Delmet ?) they were promised an extension m™ds. for 3 \ ' y y t extension of of the trade, and at higher prices. Director Jacquet replied, trade. Pre- " that having lately arrived, he did not know what was done ^sd^' before, but his wish was to live in peace and amity with them, and that if any thing promised had been neglected through ignorance, it ought to be overlooked." 2. They ask an alteration in trade, " using a vast volu bility of words," and demand for two deers a dress of cloth, and so of other things in proportion. The director replied, "that his principal's custom was not to dictate, but that each was at liberty to act his pleasure, and might go where his purse and the wares best suited," to which they as sented. 3. That according to previous custom, to make presents to Presentspro- the chiefs, it was proper, as a confirmation of the treaty. miS6d' The director " remonstrates that goods were now very scarce, though as much inclined as ever to give such proofs of friend- > Albany Records, vol. x. pp. 174, 186—191. Reg. Penns. vol. iv. p. 82. 2 Albany Records, vol. x. p. 191. » Ibid. p. 403. * Ibid. p. 407. 208 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1655. ship ; they would now, however, do what they could at pre- ' — ¦ — ' sent, and promise in three days to gratify their wishes." On the next day the preceding articles were communicated subscrip- to the inhabitants of Fort Casimir, and accepted with plea- habitants11 sure> ea,c^ cheerfully subscribing, except Israel and Isaac &r presents. Van der Zee, who made difficulties, and preferred to depart decline"80118 fr°m ^e rrrer) an& abandon the trade, rather than assist, with the other inhabitants, to maintain the peace and tran quillity of the community. One hundred and eighty-nine guilders were collected, of individual which the West India Company gave 38, Jacquet, 14-10, &r Serel Hudde, 10-10, Mr. Jacob, Jan F. Camman, Connel Mauntz, each 13, Elmerhuysen Klein, 14, Thomas Brays, Williani Mauntz, John Eacophoff, S. Boyer, Harman Jansen, John Schagger, each -9, Oloff Steams, 8, Laurens Bors, 6, and Mons. Andreis, 4, most of whom wrote their names, a few only making marks.1 1656. A certain Claes Peterse Smith presents a claim for ser- january is. vices rendered on South River, as well as for payment or a claim pre- restitution of three small fuzees. Council answer, that " when T'of thf6" ^e petitioner has proved these particulars, and where he left directors, the arms that were at his house when the Fortress Casimir was surrendered, further notice will be taken of his request."2 In the following letter, the States-General make a call January is. upon the West India Company for soldiers, to be sent to New Netherland : soldiers re- " With this we request and require of you to send, as soon drfveswedes as possible, the reinforcement, for the purpose of driving from New away some Swedish soldiers from the New Netherlands, as is mentioned in your last letter sent to us, on which we depend."3 The free persons of the Swedish nation residing on the January 19. second corner above Fort Casimir, appear before council, and petition of solicit that they may remain on their lands, as thev have no the Swedes .... * i • i -, against liv- inclination to change their place of abode, neither to build m Im iDethe ^ new v^a9ei Dut claim the promise made to them by the Allowed to director-general, Stuyvesant, and that they will conclude Viands fina% wllat t0 do after tne time of one year and six weeks, which was allotted them by the capitulation, shall be expired. 1 Albany Records, vol. x. p. 407. 2 MSS. A. P. S, in Reg. Peuns. vol. iv. p. 96. 3 Holl. Doc. vol. viii, p. 20. PETER STUYVESANT, DIRECTOR-GENERAL. 209 The parties being heard, their petition was granted, agreeably 1656. to capitulation, and they who are willing are permitted to ¦ -' come and reside in the village, while they who cannot yet conclude, shall be obliged to ask leave for this purpose, after that period shall be expired.1 Matthy Busain- is appointed, by director-general, court messenger in Fort Casimir, and directed by Jacquet to be acknowledged as such.2 ^ Jacobus Crabbe presents a petition respecting a plantation February 5. near the corner, where brick and stone are made and baked ; Manufacture granted, though after the place is inspected.3 °' bncks' Council publish a placard commanding all persons to have February 13. their lots enclosed before 15th March, on penalty of 6 gl. tots to be Those who keep goats must have a keeper, or in case they ^^per &r are injured, expect no damages.4 goats. Swen Schute asks receipts for articles delivered Derek Smith, former commissary.5 A servant charges Thomas Broen for striking him, so that he cannot labour. Thomas Broen ordered to provide the Misceiiane- servant with victuals till he can labour.6 Thomas Broen is arrested for abuse of Director Jacquet.7 A qualification is made before A. Hudde, respecting a mar- February 24 riage contract, which was delayed completion till a' minister of the Gf-ospel should arrive J\ere.s The following letter from the directors in Holland to Stuy vesant, written after receiving an account of the capture of the forts, shows their views of it and the capitulation, which are somewhat curious. They say, "We do not hesitate to ap- March 13. prove of your expedition on the South River, and its happy views of the termination, while it agrees in substance with our orders ; j^^™^ however, we should not have been displeased, that such a ofFortCasi- formal capitulation for the surrender of the forts had not ^,p|t™aw taken place, but that the whole business had been transacted CuriouB rea- in a similar manner as the Swedes set us an example of, when Bons- they made themselves master of Fort Casimir ; our reason is that all which is written and copied, is too long preserved, and may sometimes, when it is neither desired nor expected, be brought forward, whereas words not recorded, are by length of time forgotten, or may be explained, construed, or excused, as circumstances may require. But as all this is passed by, ' Albany Records, vol. x. p. 411. 2 Ibid. pp. 411, 413, 414,421. s Ibid. p. 421. * Ibid. s ibid. 6 ftid. 1 Ibid. 8 Ibid. 27 ^ s2 210 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1656. so our only object in making this observation, is to give a ' — ' — ' warning, if similar opportunities might present themselves in future. You will take care that said Fort Casimir is in every respect well provided, and placed in a state of defence, but do not mind the Fort Christina, leaving only, to ascertain its possession, three or four men in it, soliciting some individuals to establish themselves there."1 H. Appleboom, the Swedish resident at the Hague, made March 22. the following declaration or protest to the States-General, against their proceedings on the Delaware last year : " The underwritten resident of Sweden doth find himself Appieboom's obliged by express order, to declare unto their high and protest. mighty lordships herewith, how that the commissioners of the West India Company of this country in the New Netherlands, now the last summer did unexpectedly assault, by force of arms, the Swedish colony there, taking from them their forts, and drove away the inhabitants, and wholly dispossessed the Swedish company of their district. It is true and without dispute, that the Swedish company did acquire optima titulo juris that part which they possessed, and did buy it of the natives, and consequently have had possession of it for several years, without that the West India Company of these coun tries did ever pretend any thing. Wherefore, the said resi dent doth not doubt but these hostilities will very much dis please their high and mighty lordships, and doth desire, in the name of his most gracious king and lord, that their high and mighty lordships would be pleased to take some speedy order for the redressing of such unlawful proceedings, as the justice, the mutual amity between both nations, and the con sequence of the business require, and is expected from their high wisdoms, whereby the Swedish company may be restored undamnified. H. Appleboom. " Done at the Hague, 22d March, 1656, (N. S.)"2 It appears by the following minute what action was taken March u. by the States-General on the subject: "24th March, 1656. Received a memorial presented to the States-General by: the Swedish resident, Appleboom, with complaints, that the preceding summer, the officers of the Dutch West India Company in New Netherland had attacked with arms the Swedish company, inhabiting the lands on the 1 Albany Records, vol. iv. p. 204. The date at the foot of this letter is May 13. 2 Thurloe's State Papers, vol. iv. p. 599. Reg. Penns. vol. i. p. 36. PETER STUYVESANT, DIRECTOR-GENERAL. 211 South River of Florida, in the most unforeseen manner, taken 1656. their forts, and driven out the inhabitants, and had dis- ' ' ' possessed, by this means, the Swedish company of their dis tricts; the said resident therefore praying that it would please the States-General, in order to redress the disorderly proceedings of the West India Company, to take such mea sures as were most consonant to justice, the mutual friendship subsisting between the two nations, and the importance of the question. Resolved, that the said memorial shall be ex amined, together with an extensive memorial presented to the States-General on the same business, by the deputies of Amsterdam, Rotterdam, and Hoorn, to make as speedily as possible a report on it, and prepare an answer to the Swedish memorial."1 " The expulsion of the Swedes from the South River, con tinued for ' many years to be a subject of complaint, on the part of the crown of Sweden, to the States-General."2 Intelligence communicated by J. P. Jacquet was received March 29. by council, that some of the remaining Swedes were very complaints turbulent and dangerous. Swen Schute and Jacob Swenske, ^^^ among others, were alleged to have held secret intercourse turbulence, with the savages ; the commander was ordered to send them, Sonute, &c. by the first vessel of Jan Jacobsen, to Fort Amsterdam, and ordered to • ¦¦ • • t. ¦ ic i t be sent to to insure his success, in case 01 resistance, VA soldiers were Manhattan. sent to him, to be returned in the same vessel. The oath of allegiance was to be taken by the other Swedes, and the re fractory to be transported.3 Evertze Devez, a Swedish woman, complained against, in a woman New Amsterdam, for debauching the negroes of the company "^"^g, and others; "having a very bad name," is required to trans port herself, without delay, to Long Island or South River, "to avoid public scandal."* After the surrender of Fort Casimir to the Dutch, and before the news had reached Sweden, a vessel called " Mer- curius," Captain Hendrick Huygh, sailed from thence with a considerable number of emigrants. She arrived safely in the Delaware, but very niuch to the surprise of all on board, they soon learned the fact that all was in possession of the Dutch; 1 Copied from MSS. in N. Y. Hist. Society's possession, given by Dr. Samuel Miller, and received by him from WilUam Murray, dated Hague, June 29, 1799, 2 O'Call. p. 327; also a Swedish memorial, translated fromAitzema, vol. v. pp. 247, 573, dated June, 1664. fl Albany Records, vol. x. p. 352 j vol. xi. p. 327. 4 Ibid, vol. xiii. p. 256. 212 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1656. The arrival is soon announced, by several communications, to ' ' ' the authorities at Manhattan, as appears from the following extracts : " The commanding officer on South River informs them, by March 29. Mr. Allerton's small vessel, of the arrival of a Swedish ves- Amvaiof sel named 'Mercurius,' manned with 130 men. Resolved, NotMernut-7 not to permit the Swedes to come on shore, and that they ted to land, might return in the vessel to Sweden, or if it rather pleased ^Ttoxovt them to come hither, that a permit to pass and repass would Amsterdam. be &ent, to depart again from here without any trouble in any manner, after they should have provided themselves with a fresh supply of victuals and other necessary commodities. Done at night at Fort Amsterdam, between 28th and 29th of March."1 Director is informed, in addition, by a letter from honour- March 30. able John Pappegoya, of the arrival of the Mercury, " with a Letter from few Swedish families, which, for some weighty reasons, cannot j. Pappe- ke permitted to be landed there on shore, without further goya, on the * ? subject of orders of principals ; that they are disposed to return, which ry° Besatu- cannot and ought not to be refused ; but further it appears, tion of ui- that it is highly probable that this small vessel, with 130 souls on board, after such along voyage, might be, on its return home, in want of victuals, if this vessel could not be pro vided with a fresh supply ; so is it, that we, director-general and council, intending nothing else, and having nothing more at heart than to preserve the ancient union and friendship between the two nations, leaving our disputes about our ter ritorial claims on the lands on South River to the decision of our reciprocal principals, give an absolute consent, pass and repass, to the aforesaid vessel Mercury, its officers, sailors, and passengers, to come hither to tlieir contentment, to pro vide here in New Amsterdam for all their wants, by a fresh supply of victuals and other commodities, and leave again at their good pleasure."2 Finding remonstrances and appeals to Jacquet in vain, and that nothing could be effected here, the captain proceeded overland to Manhattan, the head-quarters of the Dutch go vernment, and there addressed the following letter to the director-general and company, in which he feelingly describes his unpleasant position : i Albany Records, vol. a. p. 351 ; vol. xi. p. 326. Reg. Penns. vol. iv. p. 83. 2 Ibid. vol. x. p. 353 ; vol. xi. p. 328. PETER STUYVESANT, DIRECTOR-GENERAL. 213 " Gentlemen — Whereas my instructions required that I 1656. should unload my cargo, and a few families and some colo- ' ' ' nists, in New Sweden, in the neighbourhood of Fort Christina, but when I arrived off the mouth of the river, I understood, Letter of very unexpectedly, that every thing which might deserve the toa^^0^h name of Swedish, inhabitants, fortresses, ammunition, yachts, general and scales, with all the stock and personal property, was, either ^J™1' by ministers of the West India Company, or by the director- unexpected- general, taken by a capitulation between the director-general thinThTpos- and Commander John Rysingh; which unexpected change session of made me resolve to try to obtain a faithful statement, where fore I went to Fort Casimir, and being there informed of all that had passed, although I could not acknowledge any other sovereign than my own, I required some explanation, in a courteous conversation with Commander Jacquet, requesting to proceed unmolested to the place of destination, to execute what I was instructed to, who replied, that he could not com ply, having no orders from the director-general and council for this purpose; he desired me, therefore, to obtain ihe general's opinion in writing, and kept me meanwhile in ar- Requests ex- rest, against all reason, in my opinion, as hinting that I was ^™J^S looked upon as a traitor and an enemy of his state, whereas quet;isar- I visited him with the best faith, to avoid any disagreeable "^eovto occurrences, or giving offence, without intending it. This the director- passed, he received an answer from the director-general, who fo^edupon declined to permit me to act agreeably to my instructions, »s a traitor. while his honour made me an offer, that if I would come to New Amsterdam, I should be at full liberty to do so, as well to unload my vessel, as to take in a new cargo, provide my self with a fresh supply of victuals, trade there at my plea sure, and return afterwards to Sweden, enjoining, and said it was the determined resolution of the director-general, that the colonists should return with me in the same vessel ; when I afterwards undertook this journey by land, and therefore, for the present, solicit, with all reverence, that it may please the director-general and council to consider the distressing situation of these colonists. Besides the immense losses Presents a which they suffer, many good farmers were ruined, parents statement of were separated from their children, even husband from wife, ^a case> and and all, without exception, bereft of liberty of their religious the favo°ur worship. In this distressed state, they were compelled to of the aira> " . , 0 . , , , tor-general, reside among a foreign nation, whose language they could &o. 214 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1656. not understand, whose manners were unknown to them, be- >—'' — ' sides that they crossed the sea to colonize and increase the population of New Sweden, not that indeed of any other Apra. u. country further. I solicit that I may be permitted, with the families and colonists under my direction, and the cargo en trusted to my care, may settle in any of the deserted places, or in any other unsettled part of the country, or which I might select and deemed proper for our present purpose, till I receive new orders from Sweden, or was informed of the course which my masters should recommend to pursue, or might be dictated by the mayors, leaving the past transac tions as I found them, alone ; that we might not be separated Asks for per- from one another, and we be permitted to trade for our sup- setue°some- Port> till, by new orders, we were provided for our future lot ; where till which, if it is not permitted, then I would solicit what has ce^ve&esh been on~ere ln every respect, as if I was a sworn subject of this and natives, state. In further security of my promise, I submit my per son, and my property, real and personal, present and future, to the judicature of any court of justice. Signed at New Amsterdam, May 3, 1656." 1 Albany Records, vol. xiii. pp. 1 — 7. PETER STUYVESANT, DIRECTORrGENERAL. 219 Mathias, a Swedish clergyman, arrives in the Mercurius, 1656. and returned to Sweden in about two years.1 ' — ' ' Also, Andreas Bengtsen, the ancestor of the Bankson families, into which the name changed ; he was living here, April 6, 1703.2 A regulation was adopted, "that all the swine should be May 22. yoked within twenty-four hours, or be killed by the soldiers."3 s^ to b9 Jews are prohibited from trading on South River.4 June 14. H. Huygh represents to the director-general and council, July 11. that on their promise and assurance, when he arrived before Tae Mercu- the city of New Amsterdam with his ship Mercury, that he Manhattan! should be treated with civility and courtesy, till the case in question should be decided, he desires to be informed what Duaes °n duties they contemplate demanding, that he may know how cu^. to regulate his conduct. They inform him that " he ought to pay the duties of recognition on all the imported goods, 10 per cent., but as he remonstrates, and it actually appears that some of the goods are damaged, he is permitted to pay, in lieu of recognitions, for all the goods laden on the Mer cury, amounting, by invoice, to 9079-10 guilders, (£1513, vaiueofhe. 4s. 2d.) the sum of 750 guilders, (£141, 13s. Ad.f A Swede and a Finn were arrested for selling beer to a July. savage, but being lately arrived, and doing it through igno- ignorance of ,. , , r law excused. ranee, were discharged. Printz's daughter, Armgard, now Madame Pappegoya, who August a still remained (with her husband) in the country, had, for Memorial of some reasons, been deprived or dispossessed of her father's PrhXfOT property ; now applies to the director-general to be reinstated her father's in it. Her memorial sets forth, " It is, without doubt, well !m known to the director-general, that our late lord governor, my highly revered lord and father, prepared a farm, partly cultivated by freemen, who are returned to Sweden, and sur rendered it to him, and partly cleared by his orders, and cul tivated for several years ; that this was granted him by the king, and by the present royal majesty was confirmed, but which now, since three years, being abandoned, was again covered with bushes, and the dwelling-house nearly destroyed by the Indians, and so I have been obliged to repair it, by three Finns, and to sow its fields, when, unexpectedly, I was ' Campanius, p. 109. 2 Clay, p. 31. 3 Aerelius, p. 420. * Albany Records, vol. iv. p. 212. 6 Ibid. vol. xiii. p. 374 ; vol. xi. p. 433. 6 Ibid. vol. xiii. p. 101. 220 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1656. forbidden by the present commander, to take possession of it ' — ' — ' again ; wherefore I am compelled to inform the director-general of. this event, with humble supplication that it may please him graciously, and from the friendship between him and my lord and father, to favour me with this possession, as I am confident that his honour will do, and solicit further, that my people may remain unmolested at Printzdorp, and continue to cultivate its soil ; and that his honour, &c. may be pleased to grant me, for my greater security, letters-patent for that spot, and so too for Tinnakonk. I hope that my lord and father will acknowledge it as a mark of great friendship, and as far as it is in his power, be remunerated with thankful ness ; with which I recommend the director-general to the protection of God Almighty. Dated at Tinnakonk, August 3, 1656. The director-general's humble servant, "Armgard Printz." " The suppliant is permitted, agreeably to the capitulation, Her petition to take possession of the lands of her lord and father, in granted. Printzdorp, and to use it to her best advantage. Done at New Amsterdam, August 28, 1656. P. Stuyvesant."1 It is not precisely known where Printzdorp was situated, but it is supposed to have been a village, (as the name implies,) in the neighbourhood, or upon a part of Tinnecum. Tradition places it on the south-east portion. The Dutch West India Company, being much in debt, from Transfer of various causes, previous to the affairs on South River, which, toc't^oT1111 1Ilstead of relieving, hadr the tendency to embarrass them Amsterdam still further, having been compelled to obtain aid from the jriunT"1' cltJ °f Amsterdam in recovering South River, now proposed, changed. in order to relieve themselves, to transfer Fort Casimir, and some adjoining territory, to the city of Amsterdam. After repeated negotiations, the arrangement was effected, the colony was named New Amstel, and steps taken to encourage settlements, as will be seen by the following conditions en tered into between the burgomasters of Amsterdam and the colonists in the city's colony of New Amstel. They are to be transported, with their families, furniture, August 16. &c., in vessels to be procured by the city, who are to advance colonists to the freight money, to be afterwards refunded. The city en- s^ortedfree ga8es to provide them a fruitful soil, healthy and temperate of expense, climate, watered by, and situated on a fresh water river, on & i Albany Records, vol. xi. p. 518, 519; vol. xiii. p. 154, 155. PETER STUYVESANT, DIRECTOR-GENERAL. which large ships may sail, having made an agreement with the West India Company to this effect, for a place at their disposal, to which no other persons have any claim ; the city there to lay out on the river-side a suitable place for their a town to be residence, and fortify it with a trench without and a wall ^rous* ™ within, and divide the enclosed land into streets, a market, and to be and lots, for traders, mechanics, and farmers, all at the ex- s°hooimas- pense of the city. The city to provide a schoolmaster, (who ter to be pro- shall also read the Holy Scriptures in public, and set the ZL'iltder. Psalms,) and provide for him. The city to provide, for one year, clothing, provisions, and City t0 pro- garden seeds, build a large storehouse to contain their goods, year( °J^ clothing, and provisions, keep a factor there, with all neces- ing; *"• saries, and sell them at Amsterdam prices to the colonists, warehouse. company's toll excepted, which shall be employed in building SeI1soods at and supporting public works, by those authorized by the West prices. India Company and city. The police of the town or city, as Police and well as administration of justice, to be as in Amsterdam. A ->uatice as at . .... Amsterdam. schout, or head of justice, appointed in the name of their High Mightinesses and West India Company, by deputies of Amsterdam, who shall give the director a power of attorney. Three burgomasters to be appointed by the common burghers, Mode of ap- from the "honestest, fittest, and richest," and five or seven townort- schepens, for which the burghers to nominate a double num- cers. ber, from which the director by attorney is to select. When the town contains 200 or more families, they shall choose a common common council of 21 persons, to meet with the burgomasters 00™cl'> how r 7 o and when and schepens, and consult on matters relating to government chosen. of the city ; once established, the council to supply vacancies by a new election, by a plurality of votes ; they shall an nually choose burgomasters, and nominate a double number out of which to choose schepens. The schepens are to de- Duties of cide causes for all sums under 100 guilders, ($60 ;) over that sohePens- sum, appeal allowed to director-general and council of New Netherland. The schepens to pronounce sentences in crimi nal cases, subject to appeal. The city of Amsterdam to agree with a smith, wheelwright, citytofur- and carpenter, to live there with the colonists. nish me" 1 . . chamcs. The said city shall divide the lands about the town into Lands to be fields, for plough, meadow, and pasture, and allow for roads. <> sent over. Delaware, from the West India Company, it being destined • Hazard's Hist. Coll. vol. ii. pp. 543—547 ; List of Duties, 548. * O'Call. vol. ii. p. 334. 3 Albany Records. 224 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1656. to be the first place of abode in the new colony, and is, for ' ' ' the future, to be guarded and protected from outward vio lence, as the present garrison is taken from thence by the said company, and is intended to be quartered in their other forts laying along the river, further upwards ; and that their honours took into consideration these means, to wit, to send over from sixty to seventy farmers, from the country called Guliker, and the surrounding places, for finding tenements for the daily quarters of the soldiers, for instructing them for warfare, and on certain conditions, in their turn to guard and to stand sentinel, and the remainder of the time to be occupied in agricultural pursuits, or if it would not be better to have a certain number of soldiers to garrison the fort ef fectually. Then their honours, considering that these means, one the more, the other less, would only amount to reasonable expenses to this, city, have decided, before coming to a final determination, to request and take the advice and order of this council; on which having deliberated, and judged that the keeping of soldiers, or those that have to attend to their duty, for the safety of places, villages, or cities, is one of the fundamental necessities of the same, " It is unanimously resolved and decided to request the burgomasters with this, and authorize them to do what they judge best, and for the greatest advantage of the projected colony.1" It was ordered that a bridge was highly necessary over Nov. 4. the creek, near the Fortress Casimir, because the passage is Bridge near now impracticable ; decided that it shall be made, 22d instant, FortCasimir. i . ¦»«- -, ' being Monday. Also, that the fields be fenced. Two persons to be ap- overseers of pointed overseers or inspectors of fences. Harman Jansen pointed8!1" and John EcUl0St were appointed. The community are re-. Palisades quested to cut palisades to strengthen the fort, which the public safety much requires, as the fort ought to be enclosed with palisades on every side.2 A « placard" complains that lots and plantations, in the Nov. a?. neighbourhood of the fort, lie open like commons; as their fi.nne!dbyba ProPrietors are not residing on the spot, others have taken , certain time, possession of more lands than they can cultivate ; fences to or penalty, be put up by last of February, or forfeit 10 guilders, or on 1 Holl. Doc. vol. xv. pp. 7—9. 2 Albany Records, vol. x. p. 448. PETER STUYVESANT, DIRECTOR-GENERAL. seven days' delay, 20 guilders ; another" seven days, they to be considered obstinate, and forfeit the land. The cultivation of and trade in tobacco was at this time one of the chief objects of attention, and the character of it Dec. 12. stood very high. On the 9th of November, the community Act for the was summoned at the fort, to nominate four persons, out of ^PectiOQOf ' ir 7 tobacco. whom to elect two expert persons as tobacco inspectors ; and Two inspoo- on the 12th December, a placard was posted up, stating that, ^^d " as it is ascertained that this river has become renowned for its tobacco, and persons are daily encouraged to settle within its limits, if this produce is managed as it ought to -be, and properly cured and packed, and all sorts of fraud which might be used is carefully avoided ; and whereas, all this can not well be effected, except it is examined and inspected be fore it is exported ; and whereas, expert and faithful persons are required for this inspection," &c, Meenes Andriessen and William Maunts are selected from the nomination, as inspec tors, " who shall inspect and examine all the tobacco, before it may be delivered, shipped, or exported, and give a certifi cate to the owner." If any one will not submit to inspection and examination, the honourable Jacquet " commands all the inhabitants residing on this river, that they shall not, in fu ture, undertake to deliver any tobacco, or receive it, much , less export it, without the act of inspectors that it has been weighed and inspected ; and for each 100 weight of inspected tobacco, paid 6 stivers by the receiver, and 4 stivers by the Penalty for seller, on penalty of 50 guilders for first offence, and for *^„™5- second and third in proportion, the informer to receive 20 spection. guilders, and his name kept secret."1 The following are the instructions from the directors iu Dee. 19. Holland to Governor Stuyvesant, for the conveyance of Fort Casimir, as a distinct colony, to the city of Amsterdam, the name of which, as w.ell as Forts Christina and New Gotten berg, are to be changed : " Whereas the burgomasters, as we mentioned before, have orders for chosen to settle their colony on the South River, in the j^ctstair neighbourhood of Fort Casimir, now to be called New Am- toburgo- stel, who, farther to garrison said fort, and defend the in- ^j,™^ habitants of said colony, farmers, and free mechanics, (about Name souls,) embarked a company of soldiers, under command *™ g^to of Captain Martin Krygier, whom we, upon the good report stei. 1 Albany Records, vol. x. p. 450. Ibid. p. 448. 226 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER, 1656. of your honour, have recommended to the burgomasters, we ' '~J did not only deem it necessary to send you this information, but at the same time to command to deliver said fort, with the Alricks ap- lands in its neigbourhood which we had purchased, to Jacob pom ed com- jj^i^^ wno embarks as director and commissary-general of said burgomasters, over and in, the colony aforesaid, whom your honour will assist with his aid and advice. We authorize your honour to make this transfer in due form, including iu it all the artillery and ammunition, and what further of the company's property might remain in that fort, not omitting to have an inventory made of all the articles, which ought to be signed by said Director Alricks, to regulate our conduct by it in process of time. " What regards the Forts Christina and New Gottenberg, Port Chris- now called by us Altona and the Island Kattenberg, your ^litona'f'1 honour will, for the present, garrison both with eight or ten Gottenberg soldiers, as well for defence of the Swedes and our inha- Kattenberg ^i^ants in that vicinity, as to imbue the natives with some awe. Your honour will by no means neglect to inform us, by •the first opportunity, of the present situation of affairs, and what in your opinion would be their best direction. You will dispose of the remainder of the soldiers where your honour shall deem most proper. " The confidence which we feel about the success and in- waidenses crease of this new colony, and of which we hope to see next emigrate*" sPring some prominent features, while to all appearance large numbers of the exiled Waldenses, who shall be warned, will flock thither as to an asylum — this confidence induces us to send you orders, that you may endeavour to purchase, before Large pur- it can be accomplished by any other nation, all that tract of ortoet'bT1 land situated between the South Biver and the corner of the tween south North Biver, to provide establishments for these emigrants, wverT1'11 aELd receiYe in this manner an additional defence and in crease. " It is the opinion of many here, that by the establishment of said new colony, many of our inhabitants will be induced to move thither by reason of considerable expected benefits, without paying any taxes during the first years ; which point, as it is well deserving consideration, so it ought, if feasible, to be prevented, and the management of said colony be fol lowed. It is in this regard momentous to prevent complaints, for which occasion is given when the goods are overcharged PETER STUYVESANT, DIRECTOR-GENERAL. 227 above the sums for which they here had obliged themselves." 1656. They then speak of the commissary appointed to the admi- ' ¦ ' nistration of the colony, intending to land with the ship Prince Maurice, at Fort Amsterdam, to obtain there, with less trou ble and expense, the merchandise and goods which, from the smallness of that vessel, were embarked on the "Beaver," and "Flower of Gelder;" and ask his honour's assistance to the Di rector to promote his journey, and render it as expeditious and convenient as possible : " because neither the vessel nor cargo is subject to any visitation at New Netherland ; but when it shall arrive at South River, at the place of destination, then it will be unladed and inspected by the custom-house officers, and then carried to the magazine in conformity to 34 and 35 articles ofthe printed conditions." Jacques Cartier is mentioned as engineer and a good sur veyor, and who might be of great service in selecting the spot for the houses to be erected on, &c, " that so the said colony may at least be successful in its beginning."1 In consequence of Alrick's detention, the delivery of the colony was not formally made till next year. Frequent reference has already been made to a long " Hol land document," written in this year, which gives an interest ing view of matters on this river from the building of Fort Nassau, which might be interesting if printed consecutively : but as the material parts have been noticed under their appro priate dates, only the views at that time entertained respect ing the importance of the Delaware are introduced here. " This river Delaware is considered the finest of all North Early no- America, being wide, deep, and navigable ; abounding in BeUwtrt" fish, especially an abundance of sturgeons, of whose" roes a Great guan- great quantity of eavejaar might be made. ge^so s m' " The land about here, and on the borders of the river, is very good ; for the most part remarkably well adapted for the culture of corn, and other agricultural pursuits, and pro duces a great many kinds of fruits." It then speaks of the great beaver trade of the Schuylkill.2 Aerelius says : " In the spring of this year several parties came from New Amsterdam to settle here. It was then that Emigrants the governor-general and council gave deeds of land — 75 in ^^^ aU — till the end of August. These grounds were small; 1 Albany Records, vol. iv. pp. 222—225. s Holl. Doc. vol. viii. pp. 32 — 50. JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. greater part only lots in the town." Orders were given that 16 or 20 families should settle together for the sake of safety, which, however, was only observed about Fort Casimir. A yearly rent of 12 stivers for every morgen. Within the dis trict of the Swedes no deeds were given at this time, but a tax of 5 or 6 gyllen laid on every family, agreeably to pro ject of the schoute.1 1657. A meeting of " the community" was summoned at Fort January io. Casimir, at which it was stated " that some persons did not Town meet- hesitate to spoil the trade with the Indians, by increasing ing to nx alreadY more than one-third the price of deer-skins, which prices of J • i i ¦ i i skins. price it is feared will continue to be heightened, to a great loss of the lower classes ; whereas the inhabitants who must earn their living by their hands must pay a higher price for several articles than they can dispose of them for to others again. Whereas this inconvenience is the least, compared with the consequences to be apprehended from such a course, when in the spring the trade in beavers is again to be opened; in which case, the inhabitants residing in this neighbourhood may be utterly ruined : and many serious complaints have already been made to the commander, while nothing can yet be effected to avert, or provide for these evils — it is now pro posed to the community that they will determine together on a price, which shall be adopted as a rule in trading ; while the director and council promise that all such orders as they shall decree, provided they will give their assistance and superintendence, shall be promptly executed. On which the Pledges, and community resolve to adopt the following rules, and promised, offence. by their signatures, on their honour and oath, to maintain them; not objecting to be considered perjured men if, in any respect, they betray their trust and violate these orders ; and will forfeit the privilege of trading for a whole year ; for second time, agreeably to orders ; and for third time, finally of being expelled from the river. And they further pledge themselves, each for himself, if they become acquainted with similar transgressions, they will give information to whom the law shall direct. prices Prices agreed upon. — For a merchantable beaver, two agreed upon, fathoms of seawan. 1 Aerelius, p. 420. PETER STUYVESANT, DIRECTOR-GENERAL. For a good bear's hide, to the value of a beaver, two fathoms. For an elant's (moose) hide, to value of a beaver, two fathoms seawan, and so in proportion. For a deer-skin, 120 seawan. Those of foxes, ratclapan, hispan, and others, in propor tion. Done in a general meeting in Fort Casimir, January 10, 1657. Signed, John Powel Jaquet, Andreas Hudde, Israel Allerton, Jeners Willem Mountsen, Alex'r Boyer, Thomas Broen, Galnet Haes, Jacob Crabbe, Harmen Jansen, and twenty-two or twenty-three others, whose names are re corded, of whom eleven or twelve made their marks.1 A placard of the director-general complains of great January io. abuses by the inhabitants running after the savages and de- Order re taining them, when they have articles for sale: and orders, Erectms . „ ^ ' huckstering " that in future, no persons shall go to the Indians, by land with the in- or by water, to trade with them, or offer them gifts, by sail- dians- ing up and down the river ; nor meet the Indians when they approach their dwellings, to hire and coax them, or call them in their houses ; but permit them to use their pleasure:" — under penalty of the forfeiture of the furs thus obtained, be sides arbitrary correction. Jacob Alricks, who had been sent by the burgomasters of Amsterdam as director of their new colony of New Amstel, was unfortunately shipwrecked off Long Island; he thus communicates to Stuyvesant the condition of himself and com rades, in a letter of which only fragments remain : — "Whereas, the noble lords of the privileged West India March 12. Company, &c, agreed that the great and respectable lords, Letter of j. the burgomasters of the city of Amsterdam, should be per- st"^^' mitted to establish a colony on South River, in New Nether- shipwreck lands, on which aforesaid lords burgomasters proposed certain Maurtaeon conditions to all such persons as should be inclined to expa- Long island. . triate themselves hither as colonists, as may be seen by the Stance annexed copy : on which terms several persons solicited per- from the di- , . , . i iii i rector-gene- mission to go thither, who consequently embarked, at the rai. expense of the city, in different vessels : viz., ship Prince Mants, (Maurice,) about one hundred and twelve persons, besides sixteen of the crew, officers and sailors ; thirty-three souls on the ship Bear; eleven on the expected ship, the Flower of Gelder; being together, one hundred and sixty- 1 Albany Records, vol. x. p. 458. U 230 JOHN PAUL JACQUET, VICE-DIRECTOR AND COMMANDER. 1657. seven souls, who intend to make an establishment on afore- ' — ' — ' said South River ; and that they all, who, in behalf of the aforesaid city, should be intrusted with the direction of the j. Airicks's aforesaid colony, should inform me before they arrived on the siu^wrTck of s^ip Frince Maurice at Manhattans, should convey their let- PrinceMau- ters, instructions, and address to your honour, in behalf of tinted!11" the aforesaid colony. * * * * " On which I, with one hundred and twenty-eight souls, embarked in ship Prince Maurice, we hoped and wished that we might have arrived at the Manhattans ; but, unhappily, we struck the shore of a certain place opposite Long Island, Sicktewacky.1 The crew were saved, and we are in hopes that we shall succeed with the largest part of the lading, if it please God ; all which increases the difficulty, hardship, and labour, is, the increasing cold and freezing weather to which we must remain exposed, to avoid yet more severe losses. In the mean time, I am with the aforesaid persons, among whom about fifty soldiers, with their captain, Martin Krygier, and the lieutenant, D'Hinoyossa, (D'Jongren,) and further, the other persons here, in the greatest distress : and I ardently look to obtain means and opportunities, with some succour and aid for our safety, so that we may execute the plan of the lords directors and burgomasters aforesaid. But as the ship Prince Maurice was shipwrecked, and is in such a situa tion that it must be considered as lost, so that I am compelled to implore your honour's advice and assistance, humbly there on, soliciting your honour will not delay in any manner. * * "Except that your honour were thoroughly acquainted with this situation, and could inform me what you deemed best to do — as there is no time for us to spare — I must con clude, requesting that you will be so kind to accommodate all such persons as may arrive, and have arrived there in the ships Beaver and Flower of Gelder, in behalf and on account of the city of Amsterdam, in the most becoming manner, till further orders. I expect, meanwhile, your answer ; with a small vessel, with a pilot and three or four other seafaring men, well acquainted with this place, to examine what might yet be saved from the ship." " Signed, J. Alricks.2 " Long Island, March 12, 1657." 1 " Near the present town of Islip, in South Bay, near Fire Island inlet." O'Call. v. ii. p. 335. * Albany Records, vol. xii. pp. 405 — 107, 415 — 417. PETER STUYVESANT, DIRECTOR-GENERAL. 231 Alricks still remained with the wreck at Sicktewacky, Long 1657. Island. The director-general, who went there to render his ' r~~' advice and assistance, had departed for Manhattan. The wind was so unfavourable that the yacht Concord could not March 20. go to sea — the skipper was provided with a lading-: — the skip- Prospects of per Dirk Claessen declared he had only room for twenty ^^^ f ankers, which were then on board ; asks the special attention the Prince to the property belonging to the city ; learns by Captain MauricG' Jacobs that the Beaver, Flower of Gelder, and the Bear had arrived at Manhattan, with fifty to fifty-five souls to settle in the colony of New Amstel ; hopes the director will provide lodgings and victuals till the rest arrive, and transport them to South River in a convenient ship, with their goods ; Jacob sails to-morrow with flour."1 Director Stuyvesant^ issues an order respecting \he pleasure- March 26. boat of the late Gfov. Printz, which, " he is informed," is pieasure- decaying, and nearly rotten where she now lies : he therefore *oat°f . , ¦ t, ut Gov. Printz. permits Peter Meyer to make use of her for transporting let ters ; provided, that when required, he will satisfy the attor neys of the late Gov. Printz, and discharge Stuyvesant from the responsibility of the capitulation.2 Isaac Allerton, senior, protests against Commander Jac- April 6. quet, for a quantity of tobacco seized at New Amstel. A Gainst Jac- certificate of it, being a true copy, is signed by Johanni inet. Bysingh, junior, probably a son of the late governor.3 GovV- The proprietors of the new colony appear to be entering singh. with spirit into plans for its increase and prosperity ; accord ingly they are sending out colonists, with all necessaries for their settlement. The vessels which accompanied Alricks, whose misfortune we have noticed, are soon to be followed by a vessel of war, bearing a minister of the gospel, of which Stuyvesant is advised in a letter from the directors, dated April 7. " The city of Amsterdam," they say, " or the commissioners April 7. who are appointed to, and entrusted with, the direction of the sup Ba- colony on the South River, have now in readiness the man- ^^"^a of- war, the "Balance," which will sail within three or four a minister, weeks, with divers families and other free colonists. In this ^™s ship comes over a minister for said colony; and whereas said Amstei. city does not spare any expenses, so it would afford us a high 1 Albany Records, vol. xii. p. 409. 2 Ibid., vol. xv. p. 96. 3 Ibid. p. 13G. 232 J- ALRICKS, NEW AMSTEL— J. P. JACQUET, OF COLONY. 1657. gratification that this enterprise, by every possible assistance, "— »•— ' was encouraged, and said vessel provided with a valuable cargo on its return. Wherefore we recommend you to endea vour to secure its success : we have enclosed the list of pas sengers with the invoices of the private merchandise laden in the' sloop Golden Mill. The attorney-general is directed to be on his guard when it is unloading."1 The minister here spoken of "was the Rev. Everardus Welius,2 who died a few years afterwards. Agreeably to the orders given, the transfer of Fort Casi mir was this day made to. the burgomasters of Amsterdam, in the following words : — " I, Peter Stuyvesant, in behalf of the high and mighty AprU 12. lords, the States-general of New Netherlands, and lords Article of directors of the privileged West India Company, Director- "ssi Three hundred planks are wanted at New Amstel, for straw. the garret in the magazine, with lodgings of the commis- ^*yed,c?1" ° . dition of tho sary, with the house in the fort -wherein Alricks resides, of fort, and which only one-third part is furnished, with a garret and one ™^^f room ; a new guard-house is wanted, as the old one is entirely tions. decayed. There is no carpenter there.3 With respect to the distribution of lots, Alricks says, " at Distribution first after my arrival, eight or more days passed by before I New A^toi* could effect any thing about it, as there was scarce a single by lot. lot which could be freely disposed of, as one or another made some claim upon it ; this made it necessary to collect infor mation, when at last, on the petition of Jacob Elder, it was resolved to distribute all these lots, so that they should draw for them. When the ' Weigh-scales' arrived, I authorized the late Fabreck Spelen and A. Hudde to act in the same manner. On my arrival, and not before, the lieutenant, D'Hinoyossa, assisted at the drawing, so that to him again, at the arrival of the ship, and the schepen, Rademan, the disposition and distribution of the lots were referred, and by them accepted. Mr. A. Hudde, with a carpenter, Breant, surveyed in June last, as much land as he desired, and ac tually received, as is evident from the signature of each in dividual, yet in my possession. This was done as well to the colonists as to the officers and soldiers. * * * Scarce one of the men here had a dwelling-house for their residence, 1 Albany Records, vol. xii. pp. 417 — 423. z Campanius, p. 55. 3 Airicks's Letters, in Albany Records, vol. iv. p. 285, &e. X 31 242 1658. Condition of things at New Amstel. ¦Want of carpenters. Great sick ness. Dis couraging prospects. March 30. Fast day at both forts. April 20. Affairs on South River deranged. Smugglingcommon. Persons wish to settle near Altona. Swedes to be regulated.Director-general, &c. to go to De laware. April 30. Saw and grist mills. May 8. Director arrived. J. ALRICKS AND M. KRYGIER. or is now engaged in constructing one, as there were only four or five carpenters here, whom I was compelled to employ, and they were usually poor workmen, without experience or ingenuity, and what they are able to effect is of very little consequence ; they who cannot pay must labour for them selves alone, without any assistance, and consequently make very slow progress. The prevailing sickness and hot fevers threw us considerably back, and made many linger ; there were neither stables nor hay ; nevertheless, as a few heads of cattle arrived from Virginia, our hope is somewhat revived."1 The proclaimed thank, fast, and prayer day was celebrated on the 13th, and on the following day in the same manner, by the Rev. Welius, who by the commissary at Altona was desired to deliver a sermon there for the same end, which was done. "I fear, nevertheless, a scarcity of victuals."2 The, director-general suggests to council that the affairs on South River required to be examined into, and that some changes in their management were necessary, many irregu larities having been introduced, owing probably to the removal of Jacquet. It was requisite " that the rights of the com pany ought to be maintained, particularly in collecting the recognitions from imports and exports, as he was advised by letter of great frauds by merchants of this city, and others on South River ; that those who do not pay could sell cheaper than those who do. That several persons of New Amstel colony asked permission to settle near Fortress Altona, in the company's district, there to begin plantations. Some regulations were necessary also among the Swedes." The council therefore advise that the director-general and the honourable Peter Tonneman should proceed to the Delaware, and place matters in a proper train.3 Joost Andriansen & Co. propose to build a saw and grist mill below the Turtle falls, the site for which they obtained from the provisional commissary ; they ask a patent for it, which is granted by the director-general, on condition that they charge no more for grinding than is paid at the com pany's mill.4 The director-general and Mr. Tonneman Having arrived at South River, the Swedish sheriff, Gregorius Van Dyck, Oloff Stille, Mathys Hanson, Pieter Rambo, and Pieter Cock, ma- 1 Airicks's Letters, in Albany Records, vol. iv. pp. 285, &c. 2 Ibid. 3 Albany Records, vol. xiv. 227 — 228. 4 Ibid. p. 250. PETER STUYVESANT, DIRECTOR-GENERAL. 243 gistrates, Swen Schute, captain, Andries D'Albo,, lieutenant, 1658. and Jacob Swensen, ensign, met him at Tinnicum, and pre- v — ^ sented their petition for various privileges, as will appear from the following summary. They renewed their allegiance, by taking the subjoined oath, as all others were required to do. For executions, they ask a court messenger. Director says Ask for the jailer ean perform this duty, as he is now employed by court mes' the sheriff and commissioners to make summons, arrests, and executions. They ask for free access to the soldiers of Altona, in case For soldiers they wish their aid for execution of resolves. The provisional AX,^0It commissary is commanded to furnish them, if solicited by the sheriff. They ask that no person shall leave their limits without the Regulation* knowledge of the magistrates, much less male and female ser- for fus>tiTes- vants ; that when they leave without a discharge, or try to run off, they may be arrested. Director orders that no per son shall leave without consent of commissary, but first ob tained of director-general and council, as usual in New Netherland; and if any Swede departs, sheriff to order him May bear- to return, and in case of refusal, to arrest him, and inform Testsi' the director. Some subsidies are required ; sheriff and commissary to in- subsidies quire " where they can be obtained with the least incumbrance requested- for the Swedish nation, our good and faithful subjects, whom we promise that we cordially desire to favour as much as any of our own nation, on the oath which they voluntarily took, and which must yet be taken by those who have not, viz. We promise and swear in presence of Almighty God, that i^m of we will be loyal and faithful to the high and mighty lords the °a States-General of New Netherland, and lords directors of the general privileged West India Company, with director-general and council already appointed, or in time being, and will re main and show them honour, respect, and obedience, as good and honest subjects ought to do, as long as we remain in this New Netherland province, so truly help us God Almighty."1 The director, on his return to Manhattan from South River, May 15. May 13, reports " many things there not as they ought to be, stuyvesant chiefly smuggling and fraud on the company's recognitions on ^InhTttan goods imported from Holland,, many articles not having the 1 Albany Records, vol. xiv. p. 249. 244 J- ALRICKS AND M. KRYGIER. 1658. company's mark being shipped in late vessels, without pre- ' — ¦ — ' caution taken against it, as with a case of 36 guns from the man-of-war Weigh-scales, embarked by the brother of Dr. Welius, which were distributed by Alricks among the com munity." 2. He is surprised at the oath taken by Alricks" from newly oath omits arrived settlers, entirely omitting the directors of the com- toeetorT8 Panv> an<* director-general and council in New Netherland. Alricks promised to alter it. 3. Vanderlis and one N. Ring, being aggrieved by a sen- Appeai-from tence, intended to appeal, and requested the secretary to a sentence. en(;er the appeal, which he declined doing. 4. The Swedes, after taking the oath on South River, de- swedes ask manded that they might be permitted, if there arose a differ- in cLTof ral ence between the crown of Sweden and our state in Europe, war. not to side with one or the other party, but remain neutral and quiet, to which the director-general consented. 5. He had laid out a few lots near Fort Altona, some 30 Lots laid out feet, the double of 60 feet broad, 100 feet deep, on condition near Aitona. fa^ two Du;idings should be erected ; if the first proprietors failed to build, their lots to be disposed of to others ; the first proprietor may demand 100 guilders for fencing, &c. Eiectionof ^' Officers elected over the Swedes — Captain Swen Schute, officers. Lieutenant Andries D'Albo, Ensign Jacob Swensen.1 Alricks seems to be sensible that the director-general, May 17. during his late visit, had not been entertained as became his rank, and writes him, after his return home, the following apologetical letter : " After your departure from here, I hope that your return Apology of home may have been easy and prosperous, and that you met stuyvelant, vour family ii the same happy situation. I solicit now and for not treat- trust that your honour will excuse our moderate reception, as ing him in . . 1. , . . better style. " was not in our power, in our distressed situation, to contri bute any thing further to your comfort, and I beg you will take our good-will for the deed. If our situation improves, then we will endeavour to acquit ourselves of our duty to wards you, and, if possible, cancel our debts."2 It will be recollected that two boats, with a number of May 28. Englishmen from Virginia, were cast away on Cape Heniopen, and a part of them ransomed by Alricks. It appears by a letter of this date to P. Stuyvesant, and in one of a later 1 Albany Records, vol. xiv. p. 245. a Ibid. vol. xii. p. 456. PETER STUYVESANT, DIRECTOR-GENERAL. 245 date from the directors in Amsterdam, that they view this 1658. transaction with a jealous eye, and fear that it is only a ' ¦ ' scheme of the English to get possession of this part of the river ; to prevent which they afterwards direct a purchase to be made. In the first letter they say, " two boats, with 14 English, Apprehen- arrived near Cape Heniopen, and were taken by savages, s'onfinAm- i- A 7 «/ o 7 sterdam re- ransomed by Director Alricks, and settled in the city's colony ; specting the from which it is apprehended, that if said English remain ftruoHons1^ there, and increase in number, said nation, which at present, stuyvesant although without sufficient grounds, claim the said river, with 2*™,,^ adjacent country, will endeavour to intrude upon us there, towarill, has died. In great distress for bread and corn." (August 9, September 5, October 7.) The ship Mill arrived with 108 souls ; ten to eleven died September. on board, owing to the long voyage, from scurvy, and three ship mui ar. more since arrival. They were in want of water. No cook- £™jhs from ing took place for several days. her. "Died here, Commissary Abraham Rynvelt, and left by October 28. will his estate to Commissary Van Sweringen. Also died, Death of Anthony Merman, so that here the generally prevailing sick- ^™jf,ary ness has taken off several of our respectable inhabitants, 4c. besides other persons, but chiefly young ones or children ; ' Albany Records, vol. iv. p. 278. 248 J- ALRICKS AND W. BEEKMAN. 1658. besides, many are yet lingering and bedridden, and who can ' ' — ' slowly recover their former health and strength. Muskets rusty and want cleaning."1 Complains of smuggling, and proposes a watch of three or four soldiers. The director-general and council " wanting, for the admi- 0ctober28. nistration and promotion of the company's and our own Appoint affairs on South River, an expert and respectable person to £«mBeei>a" command there in our absence, as vice-director and commis- man as vice- sary, and direct the whole for the best of the company, commissary placing unbounded confidence in the abilities, honesty, and of south Ei- experience of William Beekman, schepen and elder in the city of New Amsterdam, have appointed him as our commis sary and vice-director, to administer and take care, during our absence, of the aforesaid country, of the fortresses, the militia and freemen, issue good orders, and make those well respected and fairly executed ; to administer justice, accord ing to his best knowledge and judgment, as well civil as cri minal and military affairs, according to instruction. All to obey him as such, especially the present provisional commissary." His salary and boarding same as the late commissary Jac- saiary. quet, viz. 50 guilders per month, and 200 guilders per annum for board, in conformity to resolution, July 30.2 He took the oath of office3 on the same day, in which he oath. promises to be loyal and faithful, to administer justice, to maintain the reformed religion as it is preached in " Father land" and here, in conformity to the word of God, and the Synod of Dordrecht, and promote it as much as in his power; do every thing for security and defence of the government, and conform in every respect to instructions, of which the following is a summary : When arrived at South River, as the company reserved instructions, neither house nor lot, he is at first, and provisionally, to take m^resi- jjjg i0dgingS jn the dwelling-house in Fortress Altona; but as he ought generally, and especially on the arrival of vessels, to have his permanent residence at or near New Amstel, he must, as soon as possible, procure convenient rooms or a dwelling, and hire for a year at expense of company. On the arrival of any vessels or yachts of any nation, or 1 Albany Records, vol. xii. pp. 467 — 476. 2 Ibid. vol. xiv. p. 314. By this resolution it appears that then Mr. Beekman was eommissioned as commissary at this salary, which Jacquet also enjoyed. 3 Recorded on page 388. PETER STUYVESANT, DIRECTOR-GENERAL. 249 at least before their unloading, to be in or near Fort New 1658. Amstel, attend carefully to their loading and unloading, and ' — " — ' in no manner permit any goods or merchandises to be laden or unladen, or embarked in other vessels, without examination hu duties. and certainty that the recognitions have been paid from those in Fatherland or here at the commissary's office, or that the company be not defrauded of revenue. To secure this, and prevent smuggling, he_ is to have all To have a the time a guard of the company there, under his orders or guard' those of a sergeant, or some other officer of the company. In case of discovery of contraband, he is to act as auditor, with re- and seize them, in conformity to placards of director-general ^b *J . and council of New Amstel, prosecute the smugglers, &c. goods. provisionally, till further orders, before the council there, whose judgment he shall demand. From their decision he may appeal to Manhattans. He is to have a share of all smuggled and confiscated ms share of goods which by his industry and diligence have been disco- them' vered, as also of all fines, at the judgment and discretion of director-general and council, to whom the goods are to be sent by first opportunity, or an account of them. He is provisionally invested with all the powers of the com- Has aii pow- pany on the river, except the district of New Amstel, with ^pa^y regard to all the ministers and servants of the company, who except at shall support him in his office, order all freemen of whatever New ms L nation, keep the first under good order and discipline, and to the second maintain and administer good justice, both in civil and military affairs, and in criminal cases of minor grade, all in conformity to former instructions, either to late commissary or to the Swedish nation, or as future circum stances may require ; shall employ the sheriff and commis saries already appointed, or which had previously been appointed over the Swedish nation. " Whereas it had pleased the lords directors to extend the Respecting limits' of the colony of the city of Amsterdam, upon request thePurcliase . . . . , / . .. , , r „ , . of lands. of the commissaries, and to favour it with the tract of land named Bompjes hoeck, (Trees Corner,) from there to the south to Cape Heniopen, and consequently authorized us to pur chase aforesaid land from the original proprietors, and thus is he particularly commanded to act in concert with, and solicit the advice of, the honourable Jacob Alricks, or any other who shall be qualified by him for that purpose, to be- Fortifications. 250 J. ALRICKS AND W. BEEKMAN. 1658. come well informed who the real proprietors are of aforesaid ' — ' — ' lands, to hear and weigh their pretensions, and if their de mands are reasonable, to enter with them into an agreement about it, or otherwise inform us about it ; and if the aforesaid honourable Alricks might feel himself inclined, and has an opportunity, to erect, before winter sets in, some fortifications in the neighbourhood of Cape Heniopen, or about the Hoern- kill, or to" make any buildings there, then he ought to be specially authorized and commanded to make first a purchase of the land which he should want, of which then as soon as we are informed of the situation and extent, a deed shall be prepared." "Directly on arrival, prepare correct inventory of all the effects of the company ; also a correct list of all the horses and cattle formerly belonging to the Swedish officers, how many at first, and what became of them. Examine into quantity and quality of the guns in the for tress of New Amstel, especially their weight ; also what other materials were received by Alricks from the company, on behalf of the city.1" A voluminous correspondence of Beekman has fortunately been preserved among the Albany Records. As they furnish almost the only history of that period, and enter into details of many circumstances as they occurred, and are indeed chiefly official communications to Stuyvesant, we shall rely much upon extracts from them for that portion of our work. 1659. About this time Alricks lost his wife, by the prevailing January 6. sickness, and appears to be in great affliction in consequence AMcks loses of it and other causes. He says, " winter early, long, and Eurtifrde- unexPected, caused great distress ; the previously long con- taus of dis- tinued rain prevented the collection of fodder for the crea- '"""*¦ tares, and continued sickness curbed us so far down that all the labour in the field and agriculture was abandoned ; the guns are rusty, not having a proper place to keep them in." March 28. " One reason of want of victuals is, the lands are new." "I did see from the first, that from the few Netherland settlers who actually resided here at our arrival, scarce one obtained, during our residence, one schepel of grain ; those who came with us hither, or emigrated afterwards to this place, did not ' Albany Records, vol. xiv. pp. 389 — 392. Take inven tory. Examineguns and fortifica tions. Beekman'sletters. PETER STUYVESANT, DIRECTOR-GENERAL. , 251 much more, or could effect any thing better, as the time, in 1659. the first year, was spent in building houses and making gar- ' '^ dens, in which small compass of garden each individual, as well in clearing soil, in building, and carrying the materials, settlers en- was so busily engaged, that the summer was passed without ^^ ™* having thrown much seed into the ground ; besides this, was no time is then obstructed by the general prevailing sickness, during Ju\tu^.a8r*' two successive years, while the immoderate hot weather was another impediment."1 The following letters from the directors in Holland to Go vernor Stuyvesant, show that the Dutch entertained constant suspicions of the fidelity of the Swedes in public trusts, espe cially since their request to remain neutral in case of any interruption to the mutual harmony between the two nations. They say : "We approve the orders of your -honour on the South February is River, with the exception of the appointment of Swedish Letter from officers in that district, because that nation is not to be trusted, ^.ref°rB,°f ' 7 West India which may not only be presumed from its former conduct, but company to is evident from their request to the director that they might fajf "^ be permitted to remain neutral in case a Swedish 'succour pleased wits might arrive. These are, in our opinion, bold proposals from oJPg^™* subjects who pledged their obedience to our government and officers. the company, when they took the oath of allegiance, and rem^Te°s. e- who betray the sentiments which they foster in their bosoms ; wherefore we have been yet more surprised, as it had been rather preferable to have disarmed the whole nation, than to provide them with officers, and place the arms in their hands, which they might use against us, not only by the arrival of any Swedish succour, but on any other occasion. It is there fore required, to prevent such an event, that this .mistake should be corrected, not only by removing the Swedish officers, but by replacing them with other officers of our own nation, when you ought further to take hold of the first favourable opportunity to disarm them at the least symptom of disaffec tion. The sheriff and commissaries of the same nation ought not to be reappointed when their time is expired, and others of our nation put in their places, to render their associations fruitless, and discover their machinations with more ease. It would be useful for this purpose, could you succeed, to sepa rate them, and induce them by fair means to settle' among 1 Albany Records, vol. xii. pp. 480 — 483. 252 J- ALRICKS AND W. BEEKMAN. 1659. our own inhabitants, when we could not be endangered hy '"^ — ' them. You must conclude, from what we have already writ ten on this subject, that we consider it of the highest import ance, wherefore we recommend you to execute our orders with the greatest carefulness."1 They give some further instructions : Governor Stuyvesant Beekman's is to " admonish Alricks, from time to time, of his duty, and office in the par ticularly to assist William Beekman, who is now continued custom-house officer and auditor in the colony of the city on South River.2 " It is now no longer required that you transmit the weight Prices of ar- of the brass and iron guns, with the valuation of the remain- tiiiery,&c. j • ammunition and instruments ofthe artillery train, cattle, surrendered ° . atFortcasi- and other articles which were surrendered with the Fort Casi mir, now New Amstel, to Director Alricks, as we have agreed on this point with the burgomasters and rulers of this city, who now are its legitimate proprietors ; we shall therefore be attentive to communicate to you the prices of the ammunition and other implements which occasionally may be transmitted to New Netherland, that you may have a certain rule to act on in ^our distribution of these articles to your neighbours."3 About this time various alterations were made by the bur- Aiterations gomasters in Amsterdam, in the conditions upon which the in conditions colonists had agreed to emigrate, and which caused much to colonists ; ° . create dis- discontent when the news arrived ; provisions were only to be satisfaction. (Jigtributed. from the public magazine among those who left Holland prior to December, 1658 ; merchandise to be sold only for cash, and the city to be no longer obliged to keep supplies in their magazines. Exemption from tenths, instead of continuing for twenty years, were to cease in 1678, and poundage, horn, and salt-money, ten years earlier than stipu lated, when the director-general could impose what rate he pleased. Goods in future must be consigned exclusively to the city of Amsterdam, whereas the West India Company allowed all traders resident on South River to export wherever they pleased, except beavers and peltry, the monopoly of which was still retained by the city. Many poor folks, whilst yet they had any thing left wherewith to pay for their pas sage, had offered it to Alricks, and besought him, with clasped hands, to accept it in payment of their debts, but he de- 1 Albany Records, vol. iv. pp. 291 — 292. 2 Rjid. p. 285. 3 Ibid. p. 286, &c. PETER STUYVESANT, DIRECTOR-GENERAL. 253 clined, saying, " Ye are bound to remain for four years." 1659. "We have spent, in our hunger, wretchedness, and misery, ' ¦ ' all that we saved from our small pittance ; we have nothing left wherewith to pay." " You must pay first, and then go." Numbers fled to Virginia and Maryland, where they spread the news of the weak and desperate condition of New Am stel.1 Stuyvesant, in a letter of 4th September, complains of this conduct of Alricks to the company ; which see. A public fast and prayer day is directed by the director- March 28. general to be observed on Wednesday, April 2, which Alricks Fast and says will be observed. " What regards the proclamation of ^ra^^day' a fast and prayer day, transmitted here to be published on the 2d of April, I delivered it to the secretary as I received it from your honour ; he will copy it in the form in which it ought to be done, and deliver it then to the gospel minister, to be published by him on that day. The minister keeps always the copies in his possession, by which it may thus always be seen what your honour commanded, and in what manner, so that in this regard every thing is performed that would be required — wherefore I enclose the declaration ofthe secretary on this subject."2 " The fort and several buildings are much decayed; there condition of is no magazine to save the victuals ; lodgings too small, not the fort' light, and many out of repair; the ramparts, &e. unfit for use ; beddings for the cannon in same situation ; the walls and fortifications so far crumbled down that it is easy to pass thefti as by the gate itself, so that another gate is required, to make some outward appearance of defence, chiefly against the Swedish nation, who are yet ardently fostering the hope to be restored to possession."3 The following fragments of a letter from Alricks to Stuy- March. vesant, show some of the causes then operating against the colony : * * * u That prevailing violent sickness, which wasted Deplorable a vast deal of goods and blood, from one year to another, and ^jon° fro^ which not only raged here, but everywhere throughout this sickness, se- province, and whicli consequently retarded not only our pro- ther.Ind vii- gress in agriculture, but threw a damp over the other under- la°y of a ° , .... iyr-n ) i « i ii i captain sent takings. Besides that, in the ship ' Mill, which only lately with flup. piles. 1 O'Call. vol. ii. pp. 376 — 377, who quotes Holl. Doc. vol. xv. pp. 23 — 27 ; vol. xvi. pp. 215 — 217. Albany Records, vol. iv. p. 290. 2 Albany Records, vol. xii. pp. 482, 491. » Ibid. p. 419. 254 J- ALRICKS AND W. BEEKMAN. 1659. arrived, a very short time before the severe cold weather, 1 — ' — ' were embarked more than 200 souls, besides those who last spring arrived, and bringing, as appears by the lists, about March. 500 souls, without bringing any victuals with them, which baffles, in this respect, all our measures. It is true we re ceived by said ship a small cargo of about 3000 guilders' worth, for the purchase of victuals. The ship Mill arriving late ; the harvest, by the unfavourable season, being collected late ; the little grain which was not drowned by the heavy incessant rains, but remained stifled in its growth, was sold at such excessive prices, that it often could not be purchased, where it was necessarily wanted. We were not permitted to go to Virginia nor to the north, so that our bread magazine, our pantry-room, our only refuge is to Manhattan. In this full persuasion, we despatched the galliot, which, however, by the early winter, was frozen there, and as we had only a very scanty supply, and could obtain nothing anywhere else, it actually occasioned great distress among several inhabitants, although the usual rations were distributed among the arrived colonists, and even other individuals." * * * u His honour's good intentions [for supply of Captain of a provisions] being carried into execution, and that his yacht, with provi- which was before commanded by Lumis Obbes, now named Bions runs the Brigantine, laden with victuals of pork, beef, maize, &c, " was despatched hither, but to our misfortune, its skipper proved himself a faithless villain, and went off with the ves sel thus provided, on privateering, to look out for a good prize, as we learned from various information ; so that it hap pened to us as is so really said, 'misfortune goes seldom alone.' After all this, we were surprised by a dreadful and long-continued hard winter, so that no use could be made of Deplorable any vessel whatever ; so that sicknesses during summer sea- coiol°fHard son> an<* tne severe c0^ in winter, took away the greatest winter. part of the year, and prevented much labour from being per formed. The sicknesses and deaths pressed on us with such unabated violence, that a large number of men, and not a small number of our cattle perished, during that period. We will devoutly pray our God, and hope that our sins may dis continue, and then of course the punishment shall be abated, which we are wishing from our whole heart."1 Apru 25. At this early period, the discovery of mines and minerals 1 Albany Records, vol. xii. pp. 484, 485. PETER STUYVESANT, DIRECTOR-GENERAL. 255 appears to have been a favourite object of attention. Several 1659. notices appear on the records, such as at Esopus, and on the ' ¦ ' Raritan, but the following is noticed particularly for its con nection with the history of this state at a later period. The directors of the company say, "We lately saw a small piece of mineral, said to have been brought from New Netherland, which was such good and pure copper, that we deemed it worth inquiring of one Kloes de Ruyter about it, as we pre sumed he must know if the fact is as stated. He asserted that there was a copper mine at Menesink, and that between copper the Manhattans and South River was discovered a mountain MeXsmk of crystal, of which he said he brought several specimens with him."1 A communication was made to the author, and is printed in his Register of Pennsylvania, volume i. page 440, from the late Samuel Preston, referring to some traditional accounts respecting the "mine-holes" and the "mine-road" as having been made at a very early period, by " a company of miners from Holland." He says, ".from the best evidence I have been enabled to obtain, I am clearly of opinion that Menesink The earliest was the oldest European settlement of equal extent ever made ^ p^J^! in the territory afterward named Pennsylvania." The pre- van™. ceding remarks respecting the discovery of the mines, may possibly show the origin of these mine-holes, and thus verify the later traditional account. It had been decided by the Dutch, if practicable, to make a purchase of the Whorekill. The following extracts from Alricks to Stuyvesant, show the progress of this business : " We further understood that the cargo destined for the May u. purchase of the Whorekill was now arrived, at which we re- cargo in- joice, but that no guns were shipped, as these were not ob- ^^ .tainable at the Manhattans; wherefore I solicit your honour otwhorekni that I may be permitted to supply them from the smuggled guns which were arrested in the ship Weigh-scales, which I would perform with pleasure, if it was possible, but as these guns had been a long time in the magazine, and became wet, but principally as several of the new colonists were without guns, and were intended to be armed ; so it was deliberated upon this point in our meeting, and resolved to open the cases, which having performed in presence of D'Hinoyossa and Rynewell, it was discovered to contain 35 small guns, 1 Albany Records, vol. iv. p. 304. See also, Reg. Penns. vol. i. p. 428. 256 J- ALRICKS AND W. BEEKMAN. 1659. with brass bandlures, of which then was said that each cost ' — • — ' in Holland 3 gl. 5 st., and it was concluded that these should be delivered to the ensign, Anthony Rademan, to Distribution be distributed among the citizens who were without. When of guns fa& g eg-ected, several of these guns, when used, burst. from the 7 « . "Weigh- This was communicated to the directors, of whom several vefaTburfr were among the directors of the company, with the addition, that he who would reclaim these guns might be referred to the attorney-general, and that so as those were, they were here necessary, so might the city's account with the company be charged with it." Difficulties with the vessels, and their passes and searches. Beekman is complained of as causing detention by his ab sence.1 Messrs. Beekman and D'Hinoyossa departed 23d of last May 24. month for the Whorekills ; were there on 30 th, and despatched Beekman a savage to the chiefs in the country, desiring them to. come aossaDafiI1* down, with a view to agree with them. Alricks writes, " Now whorekm to I hear some rumours that the English pretend that this river land. "* country is their property; that they intended to send ten English persons hither to claim it, and place them in possession, with which several discontented persons would coincide to effect this plan,, as there are here persons boasting to have seen let ters written from Virginia to the Swedes, that they might remain here as a free colony under the English."2 Alricks again alludes to the sickness for two years, hard June u. winter, unfavourable summer, and no ship arriving with vic- ordersto tuals, as an excuse for not complying with certain directions, gMriJonMn- an(* says> " niore so as I am commanded by my principals, in not be com- their letters, to secure another place 'besides this, to fortify and garrison it, which cannot be undertaken, much less ac complished, without great expense, towards which the small cargo of the 'Mill' avails little, as all the victuals are to be purchased at a high price — for maizes 6 gl. per schepel."3 Agreeably to their instructions, Messrs. Beekman and June 13. D'Hinoyossa having effected the purchase ofthe Whorekills, Awcks asks as appears by a deed sent by William Beekman to director- whorekiuto general> Alricks applies to them, " in conformity to the orders the city. of my principals," for « a transfer of this purchase in forma, as well as of the other land of this colony, (New Amstel,) and further, that I (J. Alricks) may obtain a duplicate of said 1 Albany Records, vol. xii. p. 486. 2 Ibid. 496. 3 Ibid. 499. PETER STUYVESANT, DIRECTOR-GENERAL. 257 transfer,„sealed and signed in the same manner as the princi- 1659. pal, on parchment or franchin, that it may be sent to my ' • — ' lords and masters in patria."1 A person arrives from Bear son, or Q-odtsnend Island, and Juneife. reports the leading men in the country had a meeting, but Danger ap- that nothing could be known, except that several inhabitants Prelieil,iea- had been warned to keep at home, or on the soil.2 Alarms continue respecting the English in Maryland. AI- July 29. ricks says to Stuyvesant, " the chief consideration with regard Alarms from to the South River is, that the arrival of the English here w^sa^' ^ must excite some interest, and raise discontentment. It is vemor. not doubted by the generality, that they intend to come hither. It was resolved here to address the governor of Maryland, that he would send back our deserted soldiers, but as we don't know his name or residence, the letter was sent to Colonel Jude Utie, who resides in Bearson Island, where as his honour is the first of the twelve magistrates there, so liciting that it might please him to forward this letter, with his recommendation, to its address, which was accepted, although his honour, during the conversation, declared that he actually had a commission in his house to come hither, but that, in the mean time, Lord Baltimore was arrived, com- LordBaiti- manding that the lands, from such to such degrees, should be ""e^6" reviewed and surveyed, and when ascertained, reduced and lands. remain under his jurisdiction, without any intention to aban don any part of it."3 * * * As soon as it was known here that Josias Fendall, governor August 18. of Maryland, was commanded to inquire into limits, and warn intruders off, it caused great anxiety among the inha bitants ; operations are discontinued, and each one is pre paring for flight.4 • The following proceedings took place at a council held at August 3. Ann Arundell, in Maryland, August 3d, being the commence ment of the affair in which Colonel N. Utie acted so conspicu ous a part: " Present, the governor, (Fendall,) the secretary, (Philip Proceedings Calvert, Esq., brother to Lord Baltimore,) Colonel Utie, ff"'™0"0' 71 —, . ' . . Maryland. and Mr. Edward Lloyd. Then was taken into consideration his lordship's instruction and command to send to the Dutch 1 Albany Records, vol. xii. p. 498. z Ibid. p. 503. ' Ibid. * Ibid. p. 506. This is probably the letter to which the one that follows is a reply ; if so, it must have been written some time previously to this date. 33 1 2 258 J- ALRICKS AND W. BEEKMAN. 1659. in Delaware Bay, seated within his lordship's province, to w"' — ' command them to be gone, and ordered, that Colonel Na thaniel Utie do make his repair to the pretended governor of instructions a people seated in Delaware Bay, within his lordship's pro- to coi. une. v-nce^ an(j fa^t he of tne 9th> they sav> " Though the giertoAi- director-general's present situation, with regard to savages, fornu^of f°rbids, Tet the serious and earnest entreaties for any succour arrival with of men, victuals, and powder, and that your honour did net Greattri Possess more than eight men, soldiers, two adelborsten, and ditioninoutr one sergeant, besides the citizens are but few in number, and unwilling to fight, because the city, as your honour says, has broken her conditions, and rendered them less favourable; and further, that your honour is full of apprehension with regard to the threatening neighbours, whose pretensions and demands are entirely frivolous, is yet, on same day, by said director-general and council, to afford you, and the whole world, how deep an interest they feel in the security of this South River, which has now been in possession of the privi leged West India Company more than thirty-six years, re solved and determined to send me here with a force of sixty men, in succour, under the military command of the valiant Captain Martin Krygier, which was instantaneously executed and promoted with such speed, that in less than three days, every article required for such an expedition was in readiness, 1 N. Y. Hist. Coll. vol. iii. p. 370, 371. PETER STUYVESANT, DIRECTOR-GENERAL. with which we embarked at the Manhattans, in three barques, sailed from there on 23d instant, and this instant arrived, which is therefore directly communicated to you, so that either you may, on receipt of this, come directly to see us in Fortress Altona, or send your deputies, provided that they are persons endowed with sufficient knowledge and qualifica tions to assist in considering and arresting the use of such orders and means as might be serviceable for the maintenance, preservation, and defence of this excellent South River, and particularly the colony of New Amstel. With which com mending you, &c, your affectionate friends, " C. Van Ruyven, " Martin Krygier. " Done at South River of New Netherland, in the yacht, between Forts New Amstel and Altona." At foot was written — " Sir, Whereas, before sealing this letter, the Lieutenant D'Hinoyossa, with other persons, ar rived on board our vessel, so we understood by them of your indisposition, on which we resolved to proceed and cast anchor before New Amstel, and to visit you in person. ("Arms of city Hoorn.")1 Messrs. Van Ruyven and Krygier censure Alricks2 as the cause of all the misfortunes of New Amstel. They require vanRuyven, the fifty soldiers sent back who had been sent from Manhat- *°-.ce>nBure ^ Alricks as tan to defend New Amstel, and say it is his duty to keep up cause of that number, which would have prevented runaways, and that jJJ New™m- he must collect them ; charge him as the author of all the stei. calamities which befell New Amstel ; insist on his recovering it ; " must supply soldiery from the colonists, who are unwill ing to enter into the service of the city unless Krygier re mains," being willing, under him, to defend the place to the last man. " In such a bad name is this place, (New Amstel,) that the whole river cannot wash it off, and would to God that it remained here, and that it was not openly proclaimed in our fatherland, to the scorn of this whole province. And now concerning the freemen, as we have learned by experience that your honour compels them to remain here, notwithstand ing they declared their distressed situation, that they cannot find employ here, and are willing to oblige themselves under oath not to leave before payment of tlieir debts to your ho- 1 Albany Records, vol. xviii. pp. 466, 467. 2 No dale, but between Sept. 23 and Oct. 1. 35 274 1659. Van Kuyven and Krygier censure Al ricks. Soldiers at Altona. General war with sa vages pro posed. Soldiers of New Amstel disobey or ders of Kry gier, Justi fied by Al ricks. J. ALRICKS AND W. BEEKMAN. nour, which management is too slavish and odious for a free nation, and in our opinion not in unison With the intention of the noble lords of Amsterdam. All this your honour may reply is untrue ; that you allow every one to depart when he pays ; but they reply, ' When we were able to pay for our pas sage, we offered to honourable Alricks, and with folded hands, to aecept it for payment of debts ; he declined, saying we were bound to stay four years ; now we have spent all our little pittance, from hunger, anxiety, and misery, and have nothing left.' It would, in our opinion, stem and soften the odious clamour, and remove blame from you, to permit such as can find no employment here, depart to Manhattan, provided they can give security for arrears to the city ; if not, that they engage on oath not to leave the province without your con sent or on payment. We cannot perceive any advantage by compelling them to remain. It ought not to be that we should leave them to perish by famine, trouble, and cold, though the rumour is afloat that many have actually died by hunger ; this would not be in unison with the duties of a Christian ; then it follows we must at least provide them with necessaries and clothing, by which their debts are increasing ; then again is the hope that those who go to Manhattan will, some day or other, pay ; otherwise, in despair they will run off to Virginia, than which it is better they should run to Manhattan." They speak of the transfer of the colonists, ten or twelve unwilling to enter into a residence in the city, and placing them provisionally in Fortress Altona, under command of Beekman ; besides these, twenty men more in garrison there for defence of fortress ; that he shall employ as many sol diers as we take colonists in service of this colony and For tress New Amstel. The director-general suggests the propriety of a general war with the savages ; has written to fatherland ; at present needs the galliot, and requests it, provided another good ves sel is found for the contemplated voyage. Reminds him that Captain Krygier, as it is our custom to clean and place every thing in proper order in our Fort Am sterdam, commanded some of the soldiers whom we conducted hither to clean half the Fortress New Amstel, which was an nually effected, and that each person might do something, so commanded aforesaid your sergeant, Bernard Stoodcur, to do the same on the other part of the fort, with his men. " It PETER STUYVESANT, DIRECTOR-GENERAL. 275 is forbidden me by honourable Alricks and Lieutenant Hino- 1659. yossa, to obey any other command than theirs," was the an- ""^ — ' swer, which sounding in our ears as an uncommon trumpet, we directly addressed the honourable Alricks, in presence of D'Hinoyossa D'Hinoyossa, declaring our surprise, as he must know, by ^J™' "" our credentials and instructions, with what high commission clean the we were endowed; wherefore we should wish to know if it f°rt> 0I1 -py- 3 gier s orders. was done with his knowledge. It proved true, both saying that the city's servants were not holden, agreeably to their oath, to obey any other commands than those of the city ; and Hinoyossa further declared that no one, while he held commission, should exercise command over him, or the sol diers of the city, and such other discourse which should not be passed by without protest, yet we do it, as it might lead to discussions, &c. to be avoided ; we trace it, however, to the oath which had been taken, excluding the directors of the West India Company ; propose its alteration.1 It appears from the following letter of Beekman, that September. Stuyvesant was not altogether satisfied with the manner of conducting the first interview with Colonel Utie : " I received your communication and a body of soldiers. Director-ge- Alricks and I received your letter by Van Ruyven, and ob- p^j^y, serve you are displeased we did not detain Utie. I was in- was not ar- clined to do so, and actually proposed it to Alricks and ^^an D'Hinoyossa, they fearing great calamities from it, and a excuses him- revolt of the citizens. We have heard no more of the English, except a report that Colonel Utie had gone to see the gover nor. The sheriff and commissary, instead of sending eight or ten men, speak of your sending by Huygens, not to pro voke war, and that you would send men to protect against the savages."2 Van Ruyven, &c. write to Alricks in rather a fault-finding Oct. i. style, charging him with want of energy in raising troops, &c. Letter from They urge him most seriously to complete and maintain fifty J*° ^^ soldiers, sent by director-general when, on account of proba- amcss, cen- ble war with the savages, they could be badly spared, and f™",ft^. ought to be returned thither with all speed. They charge ing or using him with using no effectual efforts to enlist. " Did one of the city officers stir one single foot towards this object, or shall it be urged it was published by beat of drum ? but no person arrived. This was known beforehand, that no one would be 1 Albany Records, vol. xviii. pp. 423, 424. 2 Ibid. vol. xvii. p. 12. 276 J- ALRICKS AND W. BEEKMAN. 1659. obtained in this manner, at least not from the inhabitants, ' — ' — ' because the great majority who did yet remain in the city service are dissatisfied with the magistrates of this colony, for what reasons must be best known to your honour ;" * * " but [these] persons ought to have been encouraged by offers of favourable terms and salary, as is the usage in fatherland, and anywhere else, in such a great distress." "But what excuse can be made why the soldiers on the Whorekill, as we were promised last September, were not commanded to march hither, or have not arrived." "It is indeed too absurd, that the director-general and council should bereave their own places, of far greater consequence,- of the necessary soldiers, and send them hither for succour, and that you should not send for your own soldiers, but leave them to guard one or two houses, built apparently more for private views than for the welfare of the country, and employ sixteen or eighteen for this purpose."1 [The remainder lost.] The unfortunate situation of the colony still continues, and Cot. m. the directors of the company in Amsterdam give vent to their feelings in the following letter to the director-general in New Amsterdam : " We heard with regret the indifferent situation of the co- Letter from ,lony of this city on South River, and especially the elope- com' arf'to ment 0I" its inhabitants into Virginia, and other adjacent p. stuyve- districts. While we consider this a symptom which threatens state of co- a totaj ruin of said colony, without even a distant prospect lony. ai- of gathering the fruits of the expenses of this establishment, sured^pian which is not only injurious to the undertakers of this great proposed &r enterprise, but very injurious to our interests in general, as improving i. .^ ^.^ j^ng ug jn(;0 disrepute with our neighbours. As Jhis misfortune seems to have been originated chiefly on the too rigid preciseness of the Director Alricks, who would not per mit the colonists to settle in the Manhattans, notwithstanding their offer to pay their debts to the colony, or to procure bail for those to his contentment, so it is highly becoming that you should endeavour to divert him from this plan as soon as it can be done, and expose to him the serious consequences of this case, in a plain and intelligible manner. Your honour might show him that it would be far preferable, if he would, in this critical moment, make, voluntarily an offer to the re maining creditors, to settle in the Manhattans, provided they 1 Albany Records, vol. xviii. pp. 425, 420. sant, con tinued. PETER STUYVESANT, DIRECTOR-GENERAL. 277 give bonds for the debts which tKey are yet owing, while in 1659. this case their recovery may sooner or later be expected, ' — r~-' which is utterly hopeless and impracticable, if they move from the district of the company, and settle anywhere else. In Letter from case, however, the said director does persist in his opinion, ^p^ '^ and might reclaim colonists who have already settled in Man- p. stuyve- hattan, so it is your duty not to compel them to compliance, as it was your opinion to put in practice. It will further be of service to solicit the return of those who did emigrate to Virginia, and other neighbouring districts, if it is feasible, and employ all such means as you may deem the most effica cious, to obtain this end." " The suspicions and apprehensions which have arisen with swedes. regard to the Swedish nation which are remaining in the South River, and that the English might be tempted to some enterprise against us, under their name and colours, cannot be prevented ; more so while your honour, although without any bad intention, did place the arms in their hands, not only by the permission to form themselves into a company of the militia, but by appointing officers of the same nation to said company ; whereas they ought to have been separated one from another, and have been amalgamated with our inhabit ants, as we at large developed in our letter of 13th February. We persist yet in the same sentiment, to which therefore your honour is recommended to conform yourself, before they can, in alliance with their neighbours, take any advantage of us."1 The commissioners proceeded to Maryland, and on the 16th Oct. ie. of October, obtained a hearing of "a council held at Patux- Meeting of ent, at which were present the governor, secretary, Captain ofe^™iand William Stone, Thomas Gerrard, Luke Barber, Colonel Na- andthecom- thaniel Utie, Baker Brooke, and Edward Lloyd." The commis- DeiTveryrf sioners presented their credentials, and the letter from Stuy- )etters a,nd vesant, which being in "Dutch," were "Englished" by order of council, by Simon Oversee ; after which they delivered the following " Declaration and manifestation by way of speech, deli- Declaration vered unto the honourable governor and council of the pro- °'speech.of o xr tne conumfl- vince of Maryland, in Chesapeake Bay, from and in behalf sioners. of the honourable governor-general and council of the pro vince of New Netherlands. "Notifying first and foremost the ancient original right 1 Albany Records, vol. iv. pp. 310 — 312. 2A 278 J- ALRICKS AND W. BEEKMAN. 1659. and title the subjects of the high and mighty States-General ' — ' — ' of the United Provinces, under the propriety of the lords of the West India Company of Amsterdam, in Holland, have Declaration unto the province of the New Netherlands, latituded from 38 or speech of to about 42, by the great ocean sea, and from thence * * tne commis- 7# J ° . sioners, con- all * * islands and main continent, northerly up to the turned. riyer of Canada, on the west side, Virginia and now Mary land, upon the great bay of Chesapeake, and on the east, New England. To say, that their ancient right and title to that part of the new-found world of America ; both in a manner derived to them, first from the king of Spain, as then subjects or vassals to the first finder and fundator of that new world, who, after war and peace in those days concludeth, did renounce and give over unto the United Republic of the Seven Provinces aforesaid, all his right and title of those countries and dominions they have then in process of time conquered and seated in Europe, America, and elsewhere, whereof the abovesaid province of the New Netherlands, the Island of Curracoe, and Brazil, became the true proper inhe ritance to the Dutch nation in those parts, in that respect. " Secondly, as for the generality, the French were, in the year of our Lord God Almighty 1524, the second followers of the discovery in the northern parts of this America, by Jehan De Verazzano, a Florentine ; then came the English and Dutch afterward also, and took possession in the parts we are in now, for since the year 1606 or 1607 to about 1618 or 1620, the English established and seated, their colony of Virginia, by distinct patent, from the degree 34 to about 38 ; the Dutch the Manhattans, from 38 to 42, and New England from the degree 42 to 45. The French claim in Florida and in Canada, (Spain, the West Indies or Mexico ; the Portu guese, Brazil ;) and thus is this New World divided amongst the Christian princes of Europe, by communication of each other's ambassadors agreed upon ; out of which reason King James of England did will, command, and require that the colony or province of Virginia, and the province of New England should remain asunder, and not meet together within the distance and space of a hundred leagues, which was al lotted for the Dutch plantations, then called by the general name of Manhattans, after the name of the Indians they were first seated by. And is here to be noted that they deeply mistake themselves who interpret the general name PETER STUYVESANT, DIRECTOR-GENERAL. 279 of Manhattans aforesaid, unto the particular town built upon 1659. a little island, because, as it is said, it signified the whole ' '—' country and province, or at least that particular place in that province ; as per example, like it is frequent still to this day Declaration amongst some to say 'to go or come from the Manhattans,' °r8Peech°f o */ © 3 , the coramis- when they mean the whole province, like unto Virginia or sioners, con- Maryland, for that particular town itself is never named the mued' Manhattans, but New Amsterdam. And as for the South River, or as it is called by the English Delaware : in the par ticular, the said river was in the primitive time likewise pos sessed, and a colony planted in the western shore, within the mouth of the South Cape, called the Hoorekill to this day. The Dutch nation erecting there and all over the country their states-arms and a little fort, but after some time they were all slain and murdered by the Indians, so that the pos sessions and propriety of this river at the first in his infancy, is sealed up with the blood of a great many souls. After this, in the year 1623, the Fort Nassau was built about fifteen '•leagues up the river, on the eastern shore, besides many other places of the Dutch, and the Dutch Swedes to and again settled, until it thought the governor-general and council good to remove the said Fort Nassau, in the year 1650, downwards to the western shore again, and there to fix a town, as it is to this day, no man ever making any protest or claim, from Maryland or Virginia, against it. We say furthermore, to have the propriation and just right and title of that whole river, (and all our abovesaid province,) also lawfully obtained and legally bought from the natural proprietors the native Indians, especially the western shore, from time to time hitherto, as far and more within land to the west, as our line and limits as yet are extended and seated. By virtue of all which, and the right and title above-mentioned, we have always maintained and defended the said river against all usurpers and obstructors, as it is publicly known to this day, and shall do for ever. " Thirdly, from that primitive time aforesaid have the Dutch nation in the province of the New Netherlands, and the English nation in the province of Virginia and Maryland aforesaid, always friendly and neighbourly corresponded to gether, and that which is very well to be noted [by your]self in the last open war, without any claim, injury, or molesta tion one to another ; until, upon the 8th day of September, sioners, con tinued. 280 J. ALRICKS AND W. BEEKMAN. 1659. this running year 1659, Colonel Nathaniel Utie came to our Wl — ' aforesaid South River, (by the English called Delaware Bay aforesaid,) into the town and Fort New Amstel, erected in the Declaration year 1650 as abovesaid, and without any special commission or speech of or jawful authority from any state, prince, parliament, or go- the commis- . ^ , - iii vernment, exhibited only by a piece ot paper, a cartabel, by form of an instruction, from Philip Calvert, secretary, written without year or day, nor name or place, were neither signed nor sealed by any state, prince, parliament, or government, demandeth in a manner, and required in a strange way, that the town and country should be delivered and surrendered up to the province of Maryland, as he saith, for my Lord Balti more ; going from house to house, to seduce and draw the inhabitants to rebel and fall from their right lawful lords' sovereign government and province, with threatening, in case of no present willing submission and delivery, to come again and bring them to it by force of arms, fire and sword, whereto he saith a great company were kept and held for that pur pose in readiness ; nay, that the whole province of Maryland should rise and come to bring them under, and that they then should be plundered and their houses taken from, and so forth; against which action and incursions, and illegal proceedings, the deputy-governor and magistrates of the aforesaid river and colony firmly have protested, and answer made under their own hand subscribing, dated the 9th of September, 1659, last past, insinuating that the further occupation of that great business of consequence did belong, and must be referred to the honourable governor-general and council of the whole province of the New Netherlands, of whom an answer should be expected within three weeks' time ; who, after aid and as sistance done to their subjects in the aforesaid river, have us underwritten as ambassadors and messengers, with all speed sent hither to you, the honourable governor and council, as sembly, or whom it any way might concern, in the province of Maryland of Chesapeake Bay, for to declare and manifest, by power and authority of our commission, whereof we this present deliver duplicate. " First, that the foresaid injurious parts are done not only against the law of nations, neighbourly friendship, and com mon equity, but also directly contrary to the amity, confede racy, and peace made and concluded in the year of our Lord God Almighty 1654, between the two nations of the republic PETER STUYVESANT, DIRECTOR-GENERAL. 281 of England and the republic of the United Provinces, and 1659. their subjects all over the world, viz. articles 2, 3, 5, 6, 9, ' — r~ ' 10, and 16 ; whereby we proclaim the said amity and peace is disturbed and interrupted by the said Colonel Nathaniel fieciaration Utie, or his principals of the province of Maryland, against °r speeoh of ' ¦ *» xt -\t i l commis- the province of New Netherland aforesaid, and therefore sioners, con- make protest, and by power from the abovesaid 16th article tmued' of peace and [do] demand justice and satisfaction of all those wrongs and damages the province of the New Netherlands and their subjects have already by the abovesaid injurious proceedings suffered, or as yet may come to suffer. " Secondly, we demand the sending and returning back to our foresaid South River and colony, all the Dutch and Swedes people, subjects, runaways, and fugitives which from time to time, especially this present year, (for the most part deeply * indebted, or delinquents,) are come over and re main in this province of Maryland, as it is strongly suspected by means of the abovesaid odious and injurious design from hand to hand encouraged ; declaring that the said honourable governor-general and council of the New Netherlands are in readiness to do the like in . sending and returning back to Maryland all those runaways and fugitives which may come into their jurisdiction and government aforesaid ; which mani festation in case of not, that according to lege talionis, the honourable governor-general and council of the New Nether lands aforesaid, hold themselves constrained, necessitated, and excused to publish free liberty, access and recess to all planters, servants, negroes, fugitives, and runaways which from time to time may come over out of the jurisdiction of Maryland into the jurisdiction of the New Netherlands aforesaid. " And whereas (to say some things by way of a little dis course to the supposed claim or pretence of my Lord Balti more's patent unto our aforesaid South River or Delaware Bay) we utterly deny, disown, and reject any power and authority, (except breakers of peace, and actors as public enemies, which rests only upon their strength and self-will,) that may or can legally come to reduce or subdue the said river and subjects from their right lawful lords and proprie tors, by whom it is undeniable justly and lawfully possessed and seated about forty years ago as abovesaid, when to the contrary, the patent of the said my Lord Baltimore is of no 2a2 sioners, con tinued. 282 J- ALRICKS AND W. BEEKMAN. 1659. longer standing and settlement than about twenty-four or v~~' — ' twenty-seven years, without any particular expressions or special title mentioned, to take that river of Delaware Bay Declaration from the Dutch, not insomuch as Sir Edmund Ploy[den] in or speech of form'er time would make us believe he hath unto, when it ,'"mn"> afterward did prove, and was found out, he only subreptiff and obreptiff hath something obtained to that purpose which was invalid. And put the case, the said my Lord Baltimore, or any other, hath any seeming title to the aforesaid river or Delaware Bay, then his lordship, according to the 30th article of peace and confederacy, should have made his repair before the l?th of May, 1652, to the honourable commissioners ap pointed by both states on purpose for the determination of such and the like differences as might have been committed or transacted between the two nations, in the foreign parts of the world, ever since the year 1611 to the 18th day of May, 1652, after which time it is in plain terms prohibited, and proclaimed that then no pretences more should be ad mitted. " In obedience to which, to prove the true meaning and interpretation of the aforesaid 30th article, by two evident examples and witnesses of your own law, and chiefest autho rity of the republic of England, we say that New England in those days claiming also some interest to our limits from their side, and my lord protector's ships by open war sent hither to subdue the aforesaid province of New Netherlands at the other side, peace being concluded, renounced and deserted, upon that occasion, their design, and went against the French; so that the right and title the Dutch nation have unto their province of the Netherlands aforesaid, ever since more and more stands confirmed and ratified. But forasmuch new mo tion is made, and question moved into our western limits, and having thereupon observed and suspected the Bay of Chesa peake, in the uppermost parts therefore winding so much to the north-east, to run about Sassafrax and Elk River into our line, we therefore lay also claim to those parts, until by due examination hereafter, the truth hereof may be found out, or agreed and settled among us otherwise. " Lastly, and finally to conclude, the honourable governor- general and council of the New Netherlands abovesaid, doth declare and manifest that like we at our side never have in tended any wrong or offence to the province of Virginia, or PETER STUYVESANT, DIRECTOR-GENERAL. 283 now Maryland, in the Bay of Chesapeake, so we desire to 1659. continue still with them in all neighbourly amity, confederacy, ' — " — ' and friendship, saving only that justice and satisfaction may be given as here demanded ; propounding further, by way of Declaration advice to prevent further mischief, that three rational persons J^J^! on each side may be committed out of each province aforesaid, sioners, con- for to meet at a certain day and time, about the middle of mue ' between the Bay of Chesapeake and the aforesaid South River or Delaware Bay, at a hill lying to the head of Sassafrax River and another river coming from our river almost meet together, with full power and commission to settle there the bounds and limits of between the aforesaid province of the New Netherlands and the province of Maryland for ever, if possible, otherwise to refer the difference they might find not agreeing, to both lords proprietors or sovereigns in Europe ; but in the mean while that all further hostility or infractions to each other may cease, and not proceed further, so that the honourable governor-general and council of the New Nether lands hereof assured, further charges and damages excused, may call their soldiers home, which upon the action, or to defend their province and colony aforesaid, are only sent thither, and that we both sides at a fair correspondence may be kept as always hitherto before. " By denial or refusal whereof, we do proclaim our inno cency and ignorance' to all ftie world, and do protest generally against all wrongs, injuries, charges, and damages already sustained and suffered, or as yet to be suffered and sustained ; declaring and manifesting that we are, and shall be then ne cessitated and forced, by way of recourse or reprisal, accord ing to the 24th article of peace, to preserve, maintain, and to hold our right, title, and propriety of our aforesaid South River colony or Delaware Bay, and our subjects' lives, liber ties, and estates, as God in our just cause shall strengthen and enable us. "Desiring this may be recorded and notified unto all to whom it in any way may concern, with the true meaning and tenor thereof, and that a speedy direct answer and despatch may be given to us in writing, from you, the honourable go vernor and council of the province in Maryland, for to be returned and recorded by our honourable governor-general and council of the province of New Netherlands. " And so, wishing the Lord God Almighty will conduct 284 J- ALRICKS AND W. BEEKMAN. 1659. your honours both to all prudent results, that we may live ' — r~"' neighbourly together in this wilderness, to the advancement of God's glory and kingdom of heaven amongst the hea thens, and not to the destruction of each other's Christian blood, whereby to strengthen the barbarous Indians; nay, may rather join in love, and league together against them, which God our Saviour will grant. " Written and signed by our own hands, in the province of Maryland, in Chesapeake Bay, at St. Mary's county, and de livered this 6th day of October, Anno Domini 1659, in Patuxent. Augustine Herman, " Resolved Waldron."1 After which the commissioners withdrew. The council Proceedings " resolved, that the business be forthwith taken into debate, counei . an(j ^^ they would have an answer ready by Saturday, the 8th, at 5 o'clock, p. M.," and then adjourned till next day, the 9th, when they met, and "after a long debate considering % his lordship's instructions and order were only to give the Dutch warning to be gone, that when we are able to beat them out they may not plead ignorance, resolved, that an swer be given in writing, by way of letter directed to the general of the Manhattans, in these words, viz. " Honourable lords — We have received your letters of cre- Answerpre- dence by the hands of Sirs Augustine Herman and Resolved them for the Waldron, your ambassadors, wherein, as we find many ex- commission- pressions of love and amity, so we account ourselves obliged to return you real thanks in unfolding the causes of that which it seems hath been the reason of your astonishment and wonder, and as the matter shall permit, give you that satisfaction which with reason you can expect, and which we likewise shall exact from you in the rendering to us as sub stitutes of the right honourable Cecilius, lord baron of Balti more, lord and proprietary of this province, &c, that part of his lordship's province lying in Delaware Bay, to us entrusted, and by you (as it seems) injuriously seated, in prejudice to his lordship's just right and title. * * For answer, therefore, unto your demands by your said agents made, we 'say, that Colonel Nathaniel Utie was by us, in pursuance of a com mand from the right honourable lord proprietary, ordered to make his repair to a certain people seated upon Delaware Bay, within the 40th degree of northerly latitude from the ' N. Y. Hist. Soe. Coll. vol. iii. pp. 374—381. PETER STUYVESANT, DIRECTOR-GENERAL. 285 equinoctial line, to let them know that they were residing 1659. within our jurisdiction without our knowledge, much more, ' — • — ' without our license, without grant of land from, or oath of fidelity to his lordship taken, both which are expressly, by Answer to his conditions of plantation and laws to all comers here to tho«>mmis- .... -,.. % -, . . . sioners, con- mhabit, conditioned and enjoined ; and further, to offer unto tinucd. them such conditions, in case they intended there to stay, as we ourselves enjoy. But in case of refusal and abode there made, to let them know we should use lawful means to reduce them to that obedience which all people within the degree aforesaid are bound to yield unto us, intrusted within this province by the right honourable the Lord Baltimore, sole and absolute lord and proprietary of the same, by patent under the great seal of England, bearing date 20th of June, in the year of our Lord God 1632, (?) and since by act of parliament confirmed; (a copy whereof we have shown to your said ambassadors ;) and since you, by your writing, as well as by your ambassadors, seem to insinuate that the said colony in Delaware Bay is seated there by and under your command, we do protest as well against them and you, as against all other persons, either principals or abettors in the said intrusion upon our bounds and confines. Our damages and costs in due time, and by all lawful means, to recover, which we either have or shall at any time hereafter chance to sustain by the recovery of that place so seated within our bounds and limits, and injuriously by you detained. " The original rights of the kings of England to these countries and territories, must be our endeavour to maintain, not our discourse to controvert, or in the least our attempt to yield up, as being that which we can neither accept from any other power, nor yield up to any other authority without the consent of our supreme magistracy, their successors in the dominion of England. Though we cannot but mind you that it is no difficult matter to show that your pretended title to that part of this province where those people, (now, if at all, the first time owned by the high and mighty States to be in Delaware Bay seated by their order and authority,) do live, is utterly none, and your patent (if you have any) from the States-General of the United Provinces void and of no effect. "And to those instructions by us delivered to the said Colonel Nathaniel Utie, so much insisted on by you, we say, they are such as every person, inhabitant of this province, 286 J- ALRICKS AND W. BEEKMAN. 1659. ought to take notice of, as being subscribed by the secretary ' — ' — ' of this province, and to no other did we give them, or he make use of them. Neither can we believe the high and Answer to mighty States-General, &c, do think or will now own those the commis- pe0pie at Delaware Bay to be there seated by their authority, tinued. since they have heretofore protested to the supreme authority then in England, not to own their intrusion upon their terri tories and dominions. As to indebted persons, if any be here that are to you engaged, our courts are open, and our justice speedy, and denied to none that shall demand it of us, which we think is as much as can in reason be expected, and the self-same course we take, and the only remedy we afford to our neighbour colony of Virginia, and our fellow-subjects and brethren of England. Thus hoping that you will seriously weigh the consequences of your actions, we rest in expecta tion of such a compliance as the style you give yourselves imports, having taught us to subscribe ourselves your affec tionate friends and neighbours."1 Further pro- After which, " Ordered, that notice be given to the ambas- ceedings. sadors to attend their answer the next day." "After the answer agreed upon, Messrs. Herman and Wal- dron presented the following paper : " Upon the sight and view of my Lord Baltimore's patent, Paper de- this 7th day of October, 1659, presented unto us by the commission- honourable governor and council of Maryland. ersonthe a To say, reserved only what the honourable governor- Lord Baiti- general and council of the New Netherlands, in the behalf of our lords proprietors and sovereigns, the high and mighty States-General of the United Provinces might have to allege against it. " We repeat and reply our former declaration and mani festation the 6th of this instant delivered unto the honourable governor and council of the province of Maryland, and say further, " That the original foundation of the aforesaid patent showeth and maketh appear that my Lord Baltimore has hath to his royal majesty of England petitioned for a country in the parts of America which was not seated and taken up be fore, only inhabited, (as he saith,) by a certain barbarous peo ple, the Indians ; upon which ground his royal majesty did grant and confirm the said patent. 1 N. Y. Hist. Soe. Coll. vol. iii. pp. 384, 385. more. PETER STUYVESANT, DIRECTOR-GENERAL. 287 " But now whereas our South River, of old called Nassau 1659. River of the New Netherlands, (by the English surnamed ' • ' Delaware,) was taken up, appropriated, and purchased by virtue of commission and grant from the high and mighty States-General of the United Provinces long before ; there fore is his royal majesty's intention and justice not to have given and granted that part of a country which before was taken in possession and seated by the subjects of the high and mighty States-General of the United Provinces, as is declared and manifested heretofore ; so that the claim my Lord Baltimore's patent speaks of, to Delaware Bay or a part thereof, in several other respects and punctuality is invalid ; of which we desire that notice may be taken. Actum as above. Augustine Herman, " Resolved Waldron."1 The council again met on the 8th ; the answer was ten dered, but there being some errors in the clerk's copy, they adjourned till the 9th, when the ambassadors being present, it was signed by the governor, dated 9th, and " so delivered to the ambassadors." Thus terminated the discussion, conducted on both sides with coolness and moderation. The Dutch certainly pre sented their claim in a very forcible, clear, and able manner.2 The journal of Messrs. Herman and Waldronis preserved The journal entire on the records. The following abstract of it shows ^^"J™ their route, the dangers they encountered, and the manner dron,onmis- in which they conducted their negotiations, which unfortu- ^'"^f nately terminated unsuccessfully. Maryland, On the 30th of September, Messrs. Herman and Waldron, ™dwi^ and a few soldiers for convoy, left New Amstel ; about three i™ and miles they came to a small creek which empties into Jagers- ^"r'aepar- land Creek ; a west-north-west course brought them to another ture and creek ; course westward, a march of three miles, they came fam^y!*** to another running stream ; the savages here refused to pro ceed, and they encamped for the night. Heard a shot fired towards north, the savages supposed it to be from some Eng lishmen ; the company fired three times, not answered. The next day, (October 1,) they pursued a west to south course, 1 N. Y. Hist. Soe. Coll. vol. iii. pp. 384, 385. 2 The foregoing are from the copy made from the Maryland Records, by J. Leeds Bozman, Esq., for N. Y. Hist. Soe, and published in their Collections, vol. iii. 288 J- ALRICKS AND W. BEEKMAN. 1659. crossed two streams, suspected to be branches of South River; ' — ' — ' they then passed through dry underwood, the land somewhat rising, then a valley, till 9 o'clock, when they arrived at the first current stream, which the savages said emptied into the Bay of Virginia ; there they breakfasted, and guessed they were about five iniles from New Amstel ; the savages called the creek Curriamus, or Horekill, as the whole tract is named after it ; from this they passed through woods, south-west and west-south-west, without a path, and about a mile further along the creek, where they met with the boat, which the savages informed them had been drawn on land,4and tho roughly dried. Dismissing their guides, they proceeded by water, except Sander Boyer, who, with his savages, continued, but soon the boat being half filled with water, they were obliged to go on shore, caulked it with rags, instead of the tow, which they had left behind, made it tolerably tight with bailing, reached Elk River, and at last, at east branch of it, made a fire in the woods, and with the evening tide proceeded on with great trouble, as the boat was very leaky, and had- neither rudder nor oars, but only pagays, (perhaps paddles.) Having rowed nearly all night on Elk River, about 8 Arrival at o'clock, (October 2,) arrived near Sassafras River, and stopped ver^Eindfa there at a plantation of one John Turner, where they met fugitive soi- Abraham De Fin, a soldier of Altona, who had run away with tona. °m " a Dutch woman ; a pardon was offered if they would return to New Amstel or to Manhattan in one month. The woman accepted, she had three months to serve ; soldier made many objections, but made two oars for the company ; sent Sander Also, swedes Boyer on shore for information ; could get none, as only a few part of Finns and Swedes were there, who had run away from Go- printz's co- vernor Printz. After some rest they continued on, but had scarce left the shore, than Abraham and another, Marcus De Adventure Fin, approached in a canoe, and endeavoured to obstruct their owner ofthe passage, claiming the boat, although assuring them they should ooat have the boat on their return ; they stopped the company by force, drawing a pistol and threatening to fire ; they had, be sides, two guns with them. At last, with great difficulty, they Arrive at succeeded in getting rid of them. At the mouth of the river CoL Utie's. , ° ° _ . Great firing ttieJ came to Colonel Uties; heard strong firing, supposed heard. to proceed from fifty or sixty men, " neither was the noise of music much less," which continued through a great part of the night, so that it seemed they were preparing to visit PETER STUYVESANT, DIRECTOR-GENERAL. 289 South River. Looking for information, they came to a begin- 1659. ning plantation, hewing and cutting of timber for a building, ' ' ' but the carpenter, who was known to the company, knew not the object of the firing, unless they were feasting. He invited them to stay with him, as there was no other house nearer Kent, but they pursued their journey two miles further. Wishing to despatch a savage to New Amstel with the tidings, they could find none. Rowed (October 3) with the tide of that day and night, till Arrive at opposite Pooloo Island ; they passed in their leaky boat to Entertained the east of it ; from here to Kent there is no fresh water, there, a Towards evening arrived at north side of Kent Island, where SCUSS1' J meeting a strong flood, and much fatigued, took quarters with Captain Wike, one of the three magistrates of the island. Of him they endeavoured to learn whether the English had laid any regular plan for attacking South River ; had under stood it belonged to Maryland, and was obliged to sustain Lord Baltimore in his right and title ; the company under took to prove the contrary, and " he who would have must get it by force ; that we were prepared with more than one hun dred soldiers arrived, and double expected, yet we hoped to live on friendly terms." During the discussion, they heard Report of a rumour from Mr. Bateman, who had sent for Mr. Wright, ^^ an Indian interpreter from above the bay, that the Indians, with regard to the war they were engaged in with the Eng lish, had confessed they had been stirred up by the Dutch who lived at Whorekill, to murder the English, which took place thus : " a certain savage met a Dutchman at Whorekill, and told him he would kill a Dutchman, because his father had been killed by a Dutchman before, to which the Dutch man replied, that his father had been killed by an English man, and therefore ought to take revenge on them, on which a savage went off and killed an Englishman ; thus the war was continued, aided by the Dutch, in supplying arms, &c. I denied it at first, then palliated it. Inquired for a boat to Bargain for . i . .i iiii -i another boat. take us to the governor, as ours could be no longer used, so he offered his. Inquired what security we could give, to re turn or pay for it, as he had been frequently deceived ; they had none but their word and credentials, or refer to Mr. Brown, who they presumed had arrived with his ketch at Seaforn ; they agreed at twenty pounds of tobacco per day for the boat, and twenty pounds for the man. Here we met 290 J- ALRICKS AND W. BEEKMAN. 1659. the soldier's wife, who was willing to go back ; he was so ' — ¦ — ' lazy as not to earn bread for her, and therefore she ran off. Arrived (October 4) at Seaforn ; Brown had not ; Captain Arrive at Wickes proposed to procure lodgings for us at Colonel Utie's, Seaforn. who, they understood, was at his plantation ; excused them selves, saying they were confident he was on the island, as they heard such a grand firing ; took lodging at a savage trader's, who was from home, his wife and child only there ; the company blamed her husband for enticing away the peo ple from New Amstel ; she excused him by saying they came there, and left scarcely victuals enough for the family. Passed (October 5) a draft on Mr. Brown for the boat- Dimcuity owner ; not satisfied ; must have at Kent or Seaforn, 1500 tag forthe pounds tobacco, or pay at Manhattan in brandy. Declined boat. a visit to Colonel Utie, as they had urgent business with go vernor. Had a fine run to Billingly plantation, at the cleft, hearing of no preparations against South River. Arrived (October 6) at Patuxent, at Colonel Coortsey's, ArriveatPa- who was "very courteous, and conversed pleasantly." Here they learned that Colonel Utie was authorized to communicate to the colony of New Amstel that they had settled on Mary land limits, and ought to submit. The company then pre sented their claims by possession, &c. for so many years, as before. They left at Colonel Coortsey's, (October 7,) their boat, Proceed by travelled nine miles by land to Secretary P. Calvert's, Mr. c™far° cm- ^00rtsey with them part of the way ; about 3 o'clock arrived vert's, and at Calvert's ; despatched two men to inform him of their ar- their^busi- riva* ' C0U1<1 not forbear to pay him their respects ; passed ness. over the creek to Mr. Overfees, where we intended to take up our quarters, previously having communicated to the secre tary our commission to the governor of Maryland on important business, and requested him to notify the governor as soon as possible, as he lived several miles off, of our arrival, and re commend an early audience. Mr. Overfees invited Calvert to dine with them, (October 8,) Dine with he and his next neighbour also ; renewed request to secretary caivetTat to ini"orm the governor, as expenses were heavy, including the overtee's. boat, and soldiers all waiting their return, besides more than versttion!°n' one hundred soldiers arrived from Manhattans ; he promised to do all he could, but it could not be effected before next PETER STUYVESANT, DIRECTOR-GENERAL. 291 court. They conversed freely on differences between Vir- 1659. ginia and Maryland, wished happiness to Maryland and Man- ' — Y~" hattans. " This, we remarked, denoted the whole land, having retained its ancient name from the tribe of savages among Discussion whom the Dutch made a beginning of the first settlement, yithBeo"-. 00 7 tary on their and so gradually we struck on the point of the limits, which claims. he said of Maryland was 38° to 40°, along the sea, by whicli Delaware Bay was included, and then in a direct course to Paman's Island, and thence to origin of Potomac River. We answered 38° to 40° ought to be understood of Chesapeake Bay upward, and then colony of Virginia reached same bay to the sea. He replied, ' not so, and that it ought to meet the limits of New England.' On which we asked, 'where then would remain New Netherlands, if their limits were to join New England,' to which he answered 'he did not know.' Then we said, ' that we knew it for us both together, that it was a mistake, and that our New Netherlands were in posses sion of these limits several years before Lord Baltimore ob tained his patent, and that they actually settled these spots ; alleging further, among other reasons, that Edmund Preyton (Ployden ?) made in former days a claim on Delaware Bay, Pioyden's and that the one pretension had not been better supported 4uC^m* than the other ;' to which he replied, ' that Preyton had not obtained a commission, and was in England thrown in jail for his debts ; he acknowledged that he solicited by the king a patent of Novum Albium, but which had been refused, on which he addressed himself to the viceroy of Ireland, of whom he obtained a patent, but that it was of no value at all.' On this we confounded him entirely with his own words, by say ing, that it could not be known of my Lord Baltimore's pre tension, if he had any on the Delaware Bay, had obtained these by false or foreign representations ; neither could it be believed that the king of England, who once took notice of the Dutch plantations in New Netherlands, and who com manded those of Virginia and New England, as we could prove by their own English authors, expressly to remain at a distance of one hundred leagues from one another, deter mined nothing about it. It was therefore an unquestionable proof that he might reach the borders of New England, that it then was void and of no value whatever." From this time to the 12th, they were waiting the gover nor's answer; on the 12th, they dined at Mr. Overfees,' with 292 J- ALRICKS AND W. BEEKMAN. 1659. Secretary Calvert ; Minister Doughty accidentally came in ; ' — ¦ — ' Captain Smith's map of Virginia., and another printed about the date of Lord Baltimore's patent, were introduced, differ- Another dis- ing with each other, from which they endeavoured to prove mission Lord Baltimore's claim, "but we showed that the Bay of about . ' " claims, a Chesapeake, being so much to north-east, would come on our map mtro- \[m[^s . j10w can that be, as New England was discovered ducod. jo first. On this we answered, the Dutch had been nearly three years, differing perhaps as early in their own quarters as they in theirs ; they counted from Walter Raleigh ; we then derive our right from Spain. He answered, we were then not a free nation, &c. &c. Waxing warm, they took up other subjects. On the 13th, nothing done ; on 14th was court day at Pa- Courtday. tuxent ; petitioned for an audience, and a place to be fixed tenduT"^ ^or a reception ; on 15th, near sunset, received an answer, Audience and an invitation from Calvert, in name of governor and pointed council, for an audience at house of Mr. Bateman, and sent Horses sent two horses for them. sioner™11113" On 16th, they started for Bateman's, at Potusk, about Arrive atPo- eighteen miles; at about 3 or 4, arrived Governor Fendall, tusk. Meet gecretary Calvert, &c, who, after a courteous reception and governor, &o. ^ 7 7 7 r courteous congratulations, dinner was announced, after which the go- ana dinner vernor promised an audience, advancing towards the table ; Herman was placed on his left, the secretary on the right, then followed Waldron and the members of council, all around the table. During dinner a pleasant conversation ensued. When the cloth was removed, their letters and credentials Negotiations were opened by governor, who seeing they were in Dutch, after dinner. called Mr. Overfee to interpret them. The commissioners Discussions then began their speech in English, delivering at the same and expla- . it r» i • 1 * nations. time, duplicates ot their papers, the secretary comparing as they were read ; this being all they had to communicate at this time, copies were exchanged and the originals left. "We observed an astonishing change. As it appeared council had no correct knowledge of what had passed, governor asked if his letter by Utie had not been received by director-general and council. We said, no, they received no letter ; we were informed on South River that Alricks received a private one in answer to one of his, without date, time, or place, of which he could take no notice." Governor said he had no intentioD to meddle with the government at Manhattan, but with that go- PETER STUYVESANT, DIRECTOR-GENERAL. 293 vernment and people who settled on Delaware Bay lately, 1659. within their limits, and that he once did send Colonel Utie ' ' ' to them, and that he should have delivered his instructions, though only given to regulate his conduct, and in behalf of his responsibility, though we were not obliged to deliver to them our instructions ; to which we replied, " that the go vernor and inhabitants on South River made no separate government, but a subaltern and subject, being only vice- governors and members of New Netherlands," &c. They answered, " they knew no better, and had always understood that the general director on South River, in Delaware Bay, did hold his commission from the city of Amsterdam, and had settled there with his people as in a separate government. We answered " No, but that the city of Amsterdam was in possession of that place as a colony and a particular member of New Netherland, in a similar manner as their colonies in Virginia and Maryland were subsisting, and we had many similar colonies in New Netherland, so that any injustice or injury committed against the colony of New Amstel, was per petrated against the whole state of New Netherland." Mean- m humour while, Colonel Nathaniel said, with great vehemence, " that *^r^ they niight take notice of all what had happened, but that all Reply of the which was done against people which had dared to settle ™mnuS810n- within the province of my Lord Baltimore, and if governor and council would be pleased to renew his commission, he would do once more what he had done before." To which we replied, " If you returned once more, and acted in the same manner as before, you would lose the name of ambassador, and be considered as a perturbator of the public peace, be cause it is not lawful in an ambassador or delegate to attempt any Other thing than to present, in a courteous manner, his message to the magistrates or supreme chief to whom he was sent ; but that it was the language of open hostility, a lan guage of war, to summon a place to surrender in such a man ner as by fire and sword." To this he answered, " that he had Co1- UUe i (.i ii>. • i • again re- not done so, further than his instructions and commission piiCS. justified." We again answered, "that they would only pay regard to the answer which they received in return, and therein he would clearly perceive in what manner he made his." To this he further said, "that he too had understood that they had threatened to transport him to Holland, which he wished they had executed." We replied, " that if he once 294 1659. Coi. Utie checked by the gover nor. Remarks of the gover nor, and re ply of com missioners. Col. UUe again Commission- erg retire, but again re. turn. J. ALRICKS AND W. BEEKMAN. more returned there, and acted again in that manner, perhaps nothing better might be his lot." He answered, "in what manner then ought he to have conducted himself; he had de spatched two of his men before him, to notify his arrival, after which he took up his abode in the city, and if it then was not permitted to take a walk and look at the place, and converse with its inhabitants, who invited him to enter their lodgings." We answered, " that it was well permitted to do this, but not to stir up revolt and rebellion against the ma gistrates, and threaten them, if they would not voluntarily ( surrender, that they were to be plundered and expelled, so that those altercations caused uneasiness on both sides ;" and the colonel particularly glowing with rage, was commanded by the governor to keep himself more reasonable ; that never theless we remained at full liberty to explain ourselves with out interrupting each other ; on which we appealed to what we had brought with us in answer from New Netherland, which we had declared and made known, and which we solicited might be taken into serious consideration, so that we might avoid any frivolous discourses. The governor hinted, among other points, that we had arrived there without having de manded or obtained, as ought to have been done, a license, and which they ought to have communicated ; to which we answered, " that we were yet unacquainted with the form of the government, but would conduct ourselves in future in conformity to their customs, as they should deem proper to establish on such a passage." On this Colonel Utie exclaimed, " that we ought to have stopped at his island to inquire there, if we should be admitted to land; further, in so many words, that if he had met us, or had known any thing about it, he would in such case have kept us there, and not permitted us to proceed further," when one of the council interrupting him, said, "that then we should have been accommodated there with a better vessel, as we declared we arrived in a small leaky boat, as we would not wait to procure a better vessel." We, however, clearly perceived, that if we had not exerted ourselves to the utmost on the road, to avoid Colonel Utie, he would have left nothing untried to disappoint us, and frustrate our plan. After these discussions, we were requested to retire. After discussing among themselves, we again re turned, and were informed that what they had done was under special commission of Lord Baltimore and their oath; to- PETER STUYVESANT, DIRECTOR-GENERAL. 295 morrow they would hear Lord Baltimore's intentions, and we 1659. should be despatched on Saturday. ' ' ' In the mean time, we had friendly discussions with them individually, on various points. We proposed to submit mat- various in ters to a committee of both nations, or enter into a friendly ronualcoa- ' * versations correspondence for trade, &c. While they seemed to consent, with mem- they were inclined to defend their rights under their patent, c^™"*,00"™" Had also a private interview with the governor, who showed vate inter- Lord Baltimore's patent; we asked a copy; permitted to ™^jh make an extract. Governor and council go to hold a country court. Commissioners found that Lord Baltimore had re quested lands not yet settled and cultivated, and only inhabited by savages. Thus we concluded that our South River, named anciently Nassau River, was ours, in virtue of our commis sion and grant of their High Mightinesses the States-General, and hath long been settled before appropriated and purchased, &c, so that Lord Baltimore's pretensions, as far as related to the Delaware Bay, or part of it, was invalid. At p. M. governor written an- and council returned ; after supper, delivered our answer in BW.er.of com" 3 rr ? missioners writing; read it to them. We observed a new change in delivered. them. Governor observed, that our sayings and acts to the remarks!'8 contrary rendered invalid said patent, as it was given by his Asks for majesty with full instructions that Delaware Bay remains to pa the English. They required our patent of New Netherland commission- and Delaware Bay ; we answered, we did not need expose it "s exc,ua9 " ; 3 L themselves. at present, as we did not come for the purpose, but only to prepare a day for a future meeting between both parties. Governor then thought he ought not to have shown his. We replied, we intended no other use of it than for Delaware. Governor said Claiborne had before made the same objection regarding island of Kent, of which he had taken possession before the patent, but did not avail, as he had to implore Lord Baltimore to save his life. We replied, this was a dif ferent case ; we were not subjects of England, but of the Dutch nation, and had as much right to settle parts of Ame rica as any others. Governor again (on 18th) demanded to see our patent of Governor South River; had it not with us, but would show it at a fu- ^^ ture meeting. Some members retired to frame an answer, which was read to us. We asked if this was all ; said they had nothing else. Some remarks on soldiers' hostilities, that each must pursue his own course. We replied, we should 296 J- ALRICKS AND W. BEEKMAN. 1659. prepare ourselves for defence, as before declared and solemnly ' — ' — ' protested ; well knew that they would not attack us in a clan destine manner, &c. &c. They replied, they would use their Eunawaysto own pleasure; payment for runaways might be settled by besettiedfor courtS) kut we could not compel them to return, because they considered Delaware in their jurisdiction ; the meeting con cluded. Governor asked the meaning of "Dutch Swedes," which "Dutch- we had used in our declaration; the greatest number being Sw?de^" ex' of them ; they had been partners and associates residing for governor, a time under jurisdiction of the company, or rather connived at, but who became more insolent, so as at length, in a trai torous manner, they surprised Fort New Amstel, before called Fort Casimir, by which director-general and council in New Netherland were compelled to cleanse that neighbourhood of such a vile gang. October 19, handed an answer to our decision by secretary, Answer neatly written, and bade him farewell, as we could not find eommisston- tnat tney were inclined to enter into an amicable agreement, ers. without authority from Lord Baltimore, or wait for orders, tradema0*1 which he might perhaps convey during summer. Had some commerce, conversation on trade and commerce between Delaware and matters. Maryland, by land, which might be done without reaching the question of right ; desired him to communicate with his bro ther, Lord Baltimore. Inquired with great anxiety about a mountain we had men tioned as a place of meeting, from which the Sassafras River in Virginia, and the kill which empties itself into South River, behind Reedy Island, seem to derive their origin. We had our passage over this mountain, which deserves by us to be examined and surveyed. On the 20th they prepare for their departure, and next day Departure of despatched Waldron to return by land, with relation of our transactions, and all the papers, while I proceeded to Vir ginia, to inquire of governor what is his opinion on the subject, to create a division between them both, and purge ourselves of the slander of stirring up the Indians to murder English at Accomac. Signed, A. Heermans."1 Beekman says, " one-third of the seven persons who make Nov. n. out our present garrison, reside out of the fort, and are all 1 Albany Records, vol. xviii. pp. 337 — 364. commission ers. causes some PETER STUYVESANT, DIRECTOR-GENERAL. 297 married persons." A court-martial had been held on a drunken 1659. sergeant.1 ' — -— ' A galliot arrives with letters from Peter Stuyvesant ; Al ricks offers her to the director-general, if he has any occasion Dec. 3. for her services. Hudde is going to Manhattan. Beekman says he has sold his mill to Hinoyossa.2 Much uneasiness was created by the following circumstance, Dec 13. related in a letter from Beekman to Stuyvesant : "John Schelten and John Tenneson discovered some pow- Discovery of der concealed in the desk ; Hinoyossa was informed of it ; powdei .... ,' 1 causes. they are now conversing upon this . point, now by the one, alarm. then by Van Ruyven ; then calling for an advocate. We are called their masters, and yet too often they seem to follow their pleasure, but we shall be on our guard. We examined several, and inquired if they had not been commanded by Van Ruyven and Captain Krygier to go to Manhattan, and if they had not been willing to go thither before the commissaries arrived here. The same question was proposed to Reyneer Van Hayst, but we made no discovery, which it seems not their wish we should do. It seems, however, that some per son here or there lays concealed, and that there were some clandestine machinations by some individuals in the commu nity, against the commissioners of your honour, during their short residence here." " I consider Mr. Carman in great danger, if my informa tion is correct ; his wife conveyed secretly all her principal property to her trusty friends, as they call him openly a speculator ; in short, they cause a vast deal of trouble and anxiety." " On the 26th of last month, the sheriff and commissioners Proposal to proposed, in their ordinary meeting, that I should charge each g^Jj^ and family of the Swedes and Finn nations with a tax of six gl., Finns. or with so much as annually might be required for our ordi nary expenses, which, by their calculation, would amount to about 400 guilders. I answered, they should prepare a cor rect list of all the families. I expect, meanwhile, to be favoured with your advice in what manner I am to conduct myself." " The Rev. Wellius was yesterday buried. He died on the DeathofRev. tenth day of his sickness. I too, was last Monday night w&^ of attacked by an ardent fever; my breast became suddenly Beekman. 1 Albany Records, vol. xvii. p. 18. 2 Ibid. p. 20. 88 298 J- ALRICKS AND W. BEEKMAN. 1659. very much oppressed, with violent pains in the side, so that I 1 — ' — ' appeared in a very forlorn situation. I discharged, during three days and nights, nothing but bloody flux, by a copious discharge, so that the sight of it created a great alarm, which debilitated me so much that I can scarcely go alone without great difficulty. I hope and pray that it may please God to spare my life yet a little while, for my wife and little chil dren's sake. I write this with great difficulty." " As an imperious necessity required it, and your honour Hinoyossa might be informed of it through another channel, I am pleased Swaha1" to inf°rm y°ur honour that the honourable Hinoyossa, not remon- later than Monday next, goes to Holland in a Virginia ves- atrance. gej^ carrymg with him a remonstrance to the burgomasters > of Amsterdam."1 The director-general announces, in a letter of this date, to Dec. 21. the company in Holland, the appointment of Augustus Heer- p. stuyve- mans and Resolved Waldron, as commissioners to the governor westandui18 °f Maryland, and sends them a copy of their " letter of cre- companyof dence and instructions," as well as the journal kept by them, menTofwai- including a letter of the governor of Maryland, " from dronand which," they say, "your honours may see, that notwithstand- commission- ing our remonstrance and that of the commissioners, with ers to Mary- regar(j to the honourable company's indisputable title, right, copiesof in- and actual possession of South River, those of Maryland held &cUCA°ks ^ast to t^ie'r friyol°us pretensions, from which it may be pre- advice and sumed that they will take hold of the first opportunity to expel our people from our possessions, unless, ere long, by your honours and the burgomasters of Amsterdam, regard is paid to the population and defence of these parts. We are already informed, with some certainty, that the governor of Maryland had already caused a survey to be made of these lands, at the distance of about one or two miles from the fortress of New Amstel, and made a distribution of these among several inhabitants of Maryland, against whom, if they take actual possession, we solicit earnestly your honour's or ders, to know what we have to do, and how to conduct our selves against such usurpers, if they left for a while the aforesaid fortress unmolested, and at the same time the neces sary and efficacious means to execute your honour's orders with reputation."2 The directors of the West India Company again allude, in 1 Albany Records, vol. xvii. p. 22. 2 Ibid. vol. xviii. PETER STUYVESANT, DIRECTOR-GENERAL. 299 their letters to Peter Stuyvesant, to the increasing difficulties 1659. on the South River, and speak of negotiations being in pro- ' — • — ' gress with the burgomasters, for the retransfer of the colony of the city to the company. They say, " we see, however, soldiers from the documents, that Collector Beekman, on South River, 'ai"e4 by 3 ' 3 Beekman, has engaged some soldiers without your honour's knowledge, without the which ought not to have been done without communication ^p"1^. to, and special orders of your council, to whom the general vesant. direction is intrusted."1 ' Censured- " We observe, with regret, the unfavourable situation and decline of the colony of the city on South River, but as we have already discussed this point at large in our last letter, we shall now pass it by." " It occasioned us, indeed, deep regret, when we were in- Bad condi- formed of the difficulties which are threatening the colony of ti0n°f=0l°- * ny of city. this city on South River, as unlawful usurpers seem to stand Negotiations at the door. We are pleased with the measures and exertions between ¦i , company by which your honour intended to avert the danger, while it and burgo- is our great concern that this settlement should, by all possi- ™^™t ble means, be preserved ; not only because, if it prospers and remains respected by its neighbours, it is a bulwark for the settlements of the company against any enemy on that quar ter, but because it may be presumed the said colony might ere long be given in property to the company, as we are ac tually negotiating on this point with the burgomasters, and will inform you of the issue, if it is concluded."2 In a ietter to the West India Company, Stuyvesant alludes Dec. 2a. to differences between Van Ruyven and Krygier, and Alricks, Difficulties in which the latter charges the company and commissaries B^^ &™ " with all the troubles which have been raised in the colony, md Airicks. as its depopulation by retreat of colonists, and of the colony's soldiers, consequently the ruin of the whole colony, if this or anyplace depending on it was lost." Refersto "his frivo lous and abusive protest, charging us as impudently as falsely, that we absolutely commanded to recall the garrison from the Whorekill."3 Jacob Alricks, the vice-director of the city's colony of New Dec. 30. Amstel, died, having previously nominated Alexander D'Hin- Death of oyossa his successor, and Gerit Van Gezel, secretary. His Jj^"0401 continuance in office was short, and his administration con- 1 Albany Records, vol. iv. p. 317 2 Ibid. p. 326. 0 Ibid. vol. xviii. p. 66. 300 A. D'HINOYOSSA AND W. BEEKMAN. 1659. sidered rather prejudicial to the interests of the colony ; as '' — r—' we have seen he was censured for his conduct, and many of the evils which befell the colony were charged to him, whether justly or not it is difficult to determine, as so much jealousy existed at that time, in those who were perhaps interested in his downfall. Some disgraceful proceedings at the time of his death will be noticed in the early part of the next year. It is said he left the colony considerably in debt, but probably much allowance must be made for the peculiar circumstances which surrounded him, such as prevailing sickness, want of provisions, the death of his wife this same year, &c. Many Dutch families had removed to Maryland, and it is said the inhabited part of the colony did not at this time extend two Dutch miles from the fort.1 Only ten soldiers remained in the fort here, and five at Whorekill. 1660. The death of Jaeob Alricks, which has already been men- january 14 tioned, produced some trouble in the city's colony. Mr. Beek- conditionof man, in a letter of this date, says, "since my last by the craseauencc galliot, we lost, at New Amstel, the honourable director, of Airicks's Jacob Alricks, who died December 30. His death causes a mnoyossa great alteration in the colony, and principally so among the his successor, council and the heirs. The honourable D'Hinoyossa was, by his last will, designated his successor, and if I am well in formed, said Jacob Alricks conducted himself generally in a fierce and forcible manner, by which many were alienated from him, so that it is nothing surprising that the inhabitants generally wish that you could make it convenient to arrive here in the spring, to establish good order, and appoint another director. " While I was dictating this letter, there arrived here a convention cousin of Mr. Alricks, deceased, with a package of letters L.^nli!13' from Mr. Van Gezel, who informed me that after my depar- ricks's af- ture yesterday, there had been again a convocation of the schepens and vroedshap of the city, which happens nearly every day under his present administration. He wished to obtain from them that the honourable Alricks had very un happily directed his administration, which they declined ; nay, they would not appear again upon the third and fourth notice, whereupon Elmerhuysen and Mr. Willems were summoned, 1 Aerelius, 422. Albany Records, vol. xvii. p. 25. fairs. PETER STUYVESANT, DIRECTOR-GENERAL. 301 and Mr. Evert, the chorister, was conducted to the fort by 1660. the sheriff, the sergeant, and four soldiers, to give his evidence ' ' ' against the deceased director, and at the same time Mr. Van Gezel had been put under arrest in the fort, as he fostered the opinion that he stirred up the people against him ; so that it has a great deal of appearance that the affairs will come there in great confusion." "Complaints against Jan Juriansen Becker, for selling January u. liquors to the soldiers for cash or on credit ; yea some, prin- intempe- cipally young lads, drank up two or three months' wages be- ™™ °^ fore they stayed here six or seven weeks. They delivered bum a ca- him a note of hand, in which it was written that he had pro- m vided them with the necessaries of life to the amount. I am Danger in obliged to forbid it, but he continues secretly. This credit has been the cause that two soldiers, being intoxicated, burnt a small canoe of the savages, on which the savages threatened to set fire to a house, or shoot our cattle, so that I was com pelled to satisfy them. Every necessary is here very high." Beekman asks " that his son may be gratified with appoint ment and wages of an adelborst."1 Some savages report that two corpses of savages had been January2i. found by savages in the underwood, on a marsh, supposed to Murder of have been murdered by Christians, at which the savages were two sarages- highly dissatisfied, and threaten those of New Amstel. I cannot, however, ascertain the fact, but communicate it to D'Hinoyossa."2 In New Amstel, Cornelis Van Gezel was removed from January 25. office, and in his place John Prato appointed as councillor, van Gezel The sheriff, Van Sweringen, acts as secretary ;, " so that the pre- preSent ad- sent administration now consists of honourable D'Hinoyossa, ministration. Van Sweringen, and Prato, while they assume to their aid in all extraordinary transactions, Mr. Williams, the surgeon, and the gunner, John Block. D'Hinoyossa has again engaged Peter Alricks in his service, to act as commander on the Whorekills, in the spring."3 " Some farmers arrived here in the ship Golden Mill, and Arrival and settled opposite to our fort ; complain of want of subsistence, ^f^n of as they gathered very little from the land, and received their new settlers. plant-maize, from Alricks, which they received late, and being English corn, came very late to maturity, and was ' Beekman's Letter in Albany Records, vol. xvii. pp. 25 — 33. 2 Ibid. 3 Aerelius, p. 424. 2C 302 1660. Distressedsituation of some new- settled far mers. Feb. 3. Murderers of the three savages as certained. Consulta tions about it with the Indians. Meeting in consequenceof the mur der. A. D'HINOYOSSA AND W. BEEKMAN. frozen in the field, so that they have scarce any victuals, neither do they possess the means of obtaining it from any where else, not even from D'Hinoyossa, notwithstanding he in vited them to New Amstel, with promise of his assistance. He distributed to seven or eight families one quarter of maize to each, and told them he did so only in his individual capa city. It is true these farmers had a considerable quantity of winter corn, but several persons are of opinion, if they cannot receive aid, they will be obliged to abandon the soil before the new harvest of corn, as they already sold their clothes last winter to keep themselves alive." " Since two days, the river is free from ice, and again na vigable. We are in great want of a drum, as ours is too decayed for use."1 " We received information with regard to the murderers of the three savages, among whom is one Minqua. The deed was perpetrated on the farm of honourable Alricks, deceased, by two of his servants, who, on 26th ultimo, were imprisoned by honourable D'Hinoyossa. This affair will cost us a great deal of trouble, as it is reported the savages are resolved to take revenge on those of New Amstel. I was yesterday there, and observed that they who resided at some distance from that place fled to the nearest houses under the fort. I heard many complaints against D'Hinoyossa; among various others, that he should have said that he would contribute not a far thing in this case of murder, but that it must be borne by the community, and that he was pretty indifferent whether the savages went to war or not. This is only report. I will try to induce him to a peaceable course." " This instant I received a letter from Sheriff Van Dyck, whom I had requested to come to New Amstel with the com missaries, when the savages intended to meet there, to con verse about the murder, as the constitution and manners of the savages were better known to them than to us new comers. They excused themselves, however, as they did not receive a special and written message from the director-general and council of New Amstel, and further, they informed us that the savages told them they ought not to interfere or meddle in any manner with this business, because they of Smith's Corner of New Amstel were of the same nation, yet they would, if in any manner possible, come to-morrow, to 1 Beekman's Letters, Albany Records, vol. xvii. pp. 33, 34. PETER STUYVESANT, DIRECTOR-GENERAL. 303 act then together in concert ; that it would not answer to re- 1660. fuse their aid, if necessity required, if solicited to bestow it, ' ¦ ' as this might prevent bloodshed."1 " Cornelis Van Gezel arrived here at Altona on 30th ; per- conduct of sists in avoiding to meet the honourable D'Hinoyossa, who had ™rdTvan commanded him that he should declare on his solemn oath, Gezei. upon penalty of 25 guilders, what property the honourable Alricks left behind. He said that he was daily so troubled and insulted, that he would not longer be induced to remain there, when D'Hinoyossa carried from Gezel's house a large mirror and painting, apparently on the fine of 25 guilders, because he had not appeared before him." " On the 1st instant, I received from D'Hinoyossa a sealed Auctioneer letter, without address, who sent with it an apology, that he ^ousT*"'11" had no time to write the address, without breaking in upon his laziness. He inquires if Gezel is here, and if he in tended to go to Manhattan by land, which he took amiss, as Van Gezel was yet holden to bring in his accounts as auc tioneer, and those of the orphan-house. When I communi cated this to Gezel, he immediately returned thither. " He mentioned too, in the same letter, that he and his Monthly fast council had commanded that a fast and prayer day should be *"d prayer' holden on the first Monday of each month. "While copying this in a hurry, I unexpectedly received a van Gezei message from Van Gezel, soliciting that he might be informed tkinonLek- if I could protect him from D'Hinoyossa's violence, as D'Hino- man at ai- yossa presumed to say that if he retreated to Altona, and should not be delivered up at his summons, that he would carry him off with force ; to which I answered, that I would directly communicate the affair to your honour, and that meanwhile I would protect him till I should receive your answer." " Jan Schoeten arrived here from Maryland, as I was ready Eetum of to seal this, who says, that many there would return here, if ^ a™ *° I would assure ihem of my protection, which I promised till I should receive your orders on the subject."2 The following case shows the state of crime and the mode February 20. of punishment; the sentence was signed by Beekman, at case of crime Altona : " Gerrit Hermans and Govert Jansen having quar- ^f"111811" relied together, the former was wounded on the left hand with 1 Albany Records, Beekman's Letter, vol. xvii. p. 39. a Ibid. 304 A. D'HINOYOSSA AND W. BEEKMAN. 1660. the latter's sword, the little finger being cut off, and other ' — ' — ' severe wounds inflicted on the palm of the hand. Govert Jansen, with the full consent of the sergeant, is condemned to pay the account of the patient, in compensation for the loss of his finger, and the laming of the second also, 60 guilders, and besides to defray the expense while under the care of the surgeon, and be condemned for six weeks to the spade and wheelbarrow in the fort," which sentence was ap proved by director-general and council at Fort Amsterdam, in form, May 31.1 D'Hinoyossa and Beekman inform Stuyvesant of a horrible March i. murder committed on a savage on South River, near the co- Murder of lony of New Amstel, and that it was probably done by two ^chris7 "so named Christians," for which they were apprehended. tiaus. Dele- Stuyvesant enters into a long argument on the importance of pointedtoin- their conviction and execution at South River, where he can- vestjgate it. not go, and concludes to send his attorney-general, Nicasius structions. De Sille, with William Beekman, on behalf of the company, Alexander D'Hinoyossa, on part of burgomasters, provisional director in the colony, Paulus Lindert Van De Graft, old burgomaster of Amsterdam, G. Van Sweringen, as provi sional sheriff and commissary, Jacobus Backer, acting sche- pen, and John Prato, adopted member of council, as delegates. They were qualified, with the following instructions : 1. When arrived on South River with the yacht Sea-Bear, with one or two of their body must inquire into the circum stances relative to the murder. 2. When inquiry is made, delinquents discovered, and by sufficient proofs and voluntary confession convicted, then pro secute them before the delegated judge, to make up his con clusion according to law, demand speedy and impartial justice, execute the pronounced judgment, and there on the spot, for others' example. 3. Shall invite the sachem and some individuals to be pre sent, and explain it as an object of friendship, and that they may be made to do so too when Indians kill whites. 4. Inquire about Becker's case of selling rum. 5. In case of Airicks's executor and D'Hinoyossa, exhort them to peace. 6. Advise and assist Andreas Laurens in the military ser- 1 Albany Records, vol. xxiv. PETER STUYVESANT, DIRECTOR-GENERAL. 305 vice.1 He is authorized to enlist Swedes and Finns as soldiers, 1660. at eight to twelve gl. heavy money.2 \ ' — ' — ' The directors in Amsterdam, after speaking of the conduct of the English, encroaching on the North and South Rivers, March 9. say to Stuyvesant, "if they won't be persuaded, they must Directors in be dislodged. Your honour ought to oppose, in the same Hollaniiai- 0 ° 1 r 7 rec£ £0 jrjTe manner, those of Maryland, if they undertook to settle on ott Mary- South River, within our district, first warning them, in a civil landers- manner, not to usurp our territory, but if they despise such kind entreaties, then nothing is left but to drive them from there, as our claims and rights on the lands upon South River are indisputable, not so much (which, however, is the case) as first occupants, but by real purchase from the natives, who were the only real progenitors of the soil."3 Beekman writes to Stuyvesant that he has received his let- March 15, ter of 19th, and that he has endeavoured to reconcile D'Hino- Agreement yossa and Van Gezel; that he had directly published the *^( transmitted placard relative to the farmers, and had it affixed savages. at the same time. " On the 8th of February, I sent with armers' Sheriff Van Dyck, a commission at New Amstel, at request of D'Hinoyossa, to enter into an agreement about the murdered savages, and succeeded to their satisfaction ; on the 18th, at evening, the next day, the payment was made, the agreement signed, and a receipt given me." " When employed in concluding an agreement with the Eeported savages, I was informed that Mr. Hudde was robbed and ™hD6ry ™ killed, on which I directly despatched the sheriff to inquire Hudde. about it, by the Swedes. When he returned, he reported him as not killed, but plundered, which we then communicated to the sachems, who engaged that every thing should be returned. " On the 10th February, the delinquents were sentenced Trial of de- by D'Hinoyossa, for which he solicited my presence, which I declined, but I asked him if he supposed he was sufficiently qualified to decide such cases ; he answered, Yes ; then he requested that I would consent to take a place near the fire, with Mr. Elmerhuysen, and hear the debates and decision, to which I consented." " It is rumoured that Lord Baltimore had arrived in Mary- Eeportof land, and would come to us within three or four days, with ^°r*Balti' 500 men. It is an uncertain rumour ; asks for governor's in- 1 Albany Records, vol. xxiv. pp. 108, 109. 2 Ibid. p. 115- 2 Ibid. vol. iv. p. 331. 39 2o2 306 1660. No balls for guns or muskets. Swedes and Finns pre pare to re move. Their militarystrength. Swedes use the horses ill. No in crease to be expected. Measures proposed. Hudde and Decker. April 6. Swedes and Finns can not under stand each other. ProposedchangeB of location. A. D'HINOYOSSA AND W. BEEKMAN. structions in such a case, and further, if it is not necessary that the decayed batteries are repaired, either with sods or beams, which are here at hand, from the old house on Cuy- per's Island, of which a part was already used to barricade the fort. There is only a small provision of musket balls, and none whatever for our large guns. " On the 8th instant, arrived the attorney-general and a few other gentlemen. " I was lately informed that about twenty families of the Swedish and Finnish nation have resolved to leave this neigh bourhood, and go and reside in the colony, which the sheriff and commissaries solicit me to prevent. I answered, I would ask your advice. The Swedish and Finnish nations contain about 130 men capable to bear arms, so Van Dyck writes me." Notifies the governor "that the horses are misused by the Swedes, so that I fear, but seldom, if any increase by them, neither is there any prospect in this respect in future, as the mares are spoiled by drawing the whole morning heavy beams ; there are only three mares and two stallions alive of the num ber you sent here, besides two young colts of two years. It would, in my opinion, be preferable to let them run loose in the field, to obtain the increase, or otherwise sell them. Would it not be expedient to make the farmers make some compensation for the horses which have been lost or died. He asks leave to visit Manhattan, " to bring his two oldest boys to school, and put his affairs in order." Hudde applies, through William Beekman, to Peter Stuy vesant, for John Becker's place ; " did not know he was dis missed; he is a very worthy, saving man."1 " I was, last week, for a few days, with the Swedes and Finns ; the different settlements cannot converse with each other, for want of a knowledge of their reciprocal language. This took place with those living around Keneses, and those about Aroumerk, where are now two or three families. It is said from the other side, that those of Keneses did oppose them, and desired that we should come to them, which is sup ported by the sheriff and commissaries." " The opposite party said, it is indeed so, that there is no defence whatever, neither a place for any safe retreat, at Keneses, as considerable underwood and many streams must be passed ; on the contrary, at Arounderryk there is a pretty 1 Albany Records, Beekman's Letter, vol. xvii. p. 45, PETER STUYVESANT, DIRECTOR-GENERAL. gQ7 large kill, which might be chosen to cover a retreat, or pre- 1660. pare for defence. At Arounderryk they might cultivate " •"--' their fields, at the other side of the kill, on the Passayung road, where is a rich, fruitful soil, and last harvest a consi- April 6. derable quantity of seed was sowed. Some of the commis saries, who actually possess good farms, pretend that, by a similar compromise all are favoured, if the proposals are ac cepted, while others assert exactly the contrary, each one maintaining his right, and will keep his own farm and lots." Miss1 Printz complains that she cannot remove her resi- Miss Printz dence, the heavy buildings not permitting her to change it, mtroable- and the church where she usually worships being upon that spot. She offers her lands without any compensation, but can nevertheless induce no person to settle in her neighbour hood. Seeing at last that they cannot agree the one with the other, I commanded that within eight or ten days a list should be delivered to me, where it suits best every individual to fix his future residence, and if this could be brought in with the orders and placard of your honour, that in such case I Beekman would consent to it, or that otherwise I should be compelled direct there to command and issue my orders where each of them should sidence of reside ; upon which they earnestly urged, that as they had not received timely information, as had been given to the farmers on the Manhattan, that somewhat longer time might be allowed them, whereas, if the orders must be executed this spring, it would unavoidably cause them great losses, and destroy their plantations ; wherefore they deprecated the rigorous execution of the placard. I therefore granted them, under your honour's approbation, four or six weeks longer. Miss Printz, and others too, requested, that when necessity required it, I would aid them, for which purpose a larger number of soldiers would be required. We are much in want of a drummer, as also a new drum, or a hide and cords, as want a we have not beat a drum for two months ; our colours, too, ^er™^™^ are nearly torn from the staff. Sergeant Andreas Laurens Iours- . . j, -, . . . . . . Enlistments has some time been engaged to persuade some individuals attempted. either to enter our service or emigrate to Esopus, to whioh they were not at all inclined. It seems they are admonished and encouraged by some of the principal leaders among the nation, not to disperse, but remain here, as closely united to gether as possible, as from the other side the sheriff and com- 1 Probably Mrs. Printz, as is generally so understood. 308 A. D'HINOYOSSA AND "W. BEEKMAN. 1660. missaries in New Amstel opposed themselves to prevent the ' — ' — ' settling of any of them in that colony." " Gregory Van Dyck says he received your honour's order Permission permitting the Swedes and Finns now residents in the co- and Finns to ^mJ> to remain there, so that I insinuated that they might remain. provisionally remain till your further orders. They com plained to D'Hinoyossa, who sent me a note about explaining that it must have been done without my knowledge, by the sheriff and commissaries. I answered, I had written for your honour's orders." " On the 2d instant, arrived here Mr. Henry Coursay, a h. coursay merchant in Maryland, with his two brothers and a Swede Maryiand°hi residing in that neighbourhood. The aforesaid Coursay corn- pursuit of plained that the honourable D'Hinoyossa declined to do him justice with regard to three servants who, three weeks ago, ran away from him, and had since been engaged by D'Hino yossa, and sent to Whorekill. He requested I would write to you. He was at an assembly at Pottspen when he heard his servants had run off. " Mr. Coursay said that Mr. Heermans was in Maryland ; a. Hudde he sent to obtain a safeguard for Mr. Coursay. At his de- t"MeSti°nd Parture) Coursay asked if Andreas Hudde laid us under any Knows how obligations, and if he should be permitted to go to Maryland, beer13*6 as Hudde had applied to him and others, if he could be em ployed by him or them as a brewer, and that he knew different ways of making good beer, and would in two or three weeks return to inquire. * " Peter Moyer applies for a patent from your honour. a surgeon Peter Tyneman to be employed as a surgeon by the company. employment. We are in want of a good surgeon, as it happened already more than once ; thereto we wanted very much Mr. Williams, the barber, (surgeon,) in this city, but having then some pa tients there, he could not come hither, and when he came he often had not by him such medicaments as the patients re quired, wherefore the sick are suffering. " As I was ready to seal this letter, arrived here the com- swedesask rnissaries of the Swedish nation, to solicit me to ask you to tiuaftarhar- aH°w thein to remain in their present possessions till they ™st- should have harvested their corn. I understood that they intended to unite then in a village on Perslajongh;1 that they meanwhile would give satisfaction to the savages for the land. 1 Probably Passayung. PETER STUYVESANT, DIRECTOR-GENERAL. 309 I answered, it was not permitted to purchase land from savages 1660. except with consent of your honour. They replied^ they ' — ¦ — ' could now obtain it for a trifle. I told them I must await your orders."1 v Beekman, in a long letter of this date, gives to the director- Apra 2s. general an account of yarious occurrences. He' says, after swedes and mentioning the slaughter of eleven of the menacing savages *'™ ™" at Esopus, and the resolution of the tribe to act against the to Esopus.' Dutch : " I commended your orders to several of the Swedes w™' ™°™ and Finns, but could not persuade them to go to Esopus ; pensc ot they would not be unwilling, provided they could remain there g°°'tng to° in peace with the savages, so that your honour cannot depend on their assistance. They prefer making a settlement in the colony, because they cannot obtain, in another district, a sufficient quantity of land to live together ; that the small spots they now occupy require too much labour and expense in fencing." " I delivered D'Hinoyossa your honour's orders and advice oath to be in regard to individuals who desired to transport themselves ^^1S~ in the colony, provided they were willing to take the oath of allegiance, as directed by your honour. He says in answer, the oath is contrary to the capitulation between your honour and their late Governor Rysingh ; that meanwhile he will take an oath of them that they will acknowledge the honour able burgomasters of Amsterdam, as founders and patrons of aforesaid colony, together with the appointed directors and council of the colony, and that they will pay them all reason able obeisance." "On 16th, returned Sergeant Andreas Laurens, from Deserters to Maryland ; he met only a few of the runaways who were yet ^^J^, at liberty, except, on showing your letters of safeguard, one John Tennison, wife and child, whose property he brought here in Carman's yacht, and which came into the hands of D'Hinoyossa, who valued it, but declined its surrender until a receipt in your honour's name. John Tennison refuses to go to Manhattan, unless his tools and property are delivered up, but would rather return to the English, as he there had the use of the tools of John Barnetson, who was murdered by savages, and whose wife died at Colonel Utie's; whose child had been conducted hither by thp sergeant ; on which, under secrecy, he had written, at her request, to a soldier's 1 Albany Records, vol. xvii. p. 49. 31Q A. D'HINOYOSSA AND W. BEEKMAN. 1660. wife, one Jacob Claeson, alias my friend, which child had there ' — ' — ' yet to receive 821 pounds of tobacco, &c. J. Claeson took with him to Holland some of this child's property. This Child bom child was born on the departure of the honourable Alricks, onboard j fa gnjp prjnce Maurice, and was, at the request of the Bhip Prince * ' ' A Maurice bap- burgomasters, baptized by the name of ' Amstel s Hope. fced- Please order if it is to be delivered to the overseers of the orphan-house, or anywhere else. Soldiers " Some of your soldiers are without shirts ; therefore send some, and shoes and stockings. withoutshirts. "We are very busy, employed in repairing fortifications, Foriom con- but are much in want of a guard-house about ten or eleven *^"' feet large. The guard is now kept where they are now quar- tiflcations, tered, who come from duty as sentinels, often undress and go to bed, as there is no particular appropriation made for this purpose, neither could it be performed, as the house is too small ; so that a guard-house is highly necessary. The comrades, too, are often quarrelling together. " We have a sufficient quantity of squared timber near the ruins of the decayed, house on the island, so that the only expense will be to bring it under cover, and make a chimney. "Among the Finns is a married couple who live together anarreisome in a constant strife ; the wife receives daily a severe drubbing, man and ^^ -g 0ften eXpeHe(J from the house as a dog. This treat- Divorce ment she suffered a number of years ; not a word is said in blame of the wife, whereas he, on the contrary, is an adul terer ; on all which the priest, the neighbours, the sheriff, and -the commissaries appealed to me, at the solicitation of man and wife, that a divorce might take place, and the small property and stock be divided between them." Asks for . orders. " Oeleff Stille opposed himself to me pretty warmly in Eev. Mr. court, because I suspected him that he, without being autho- mTrrfesa rized, tad arrogated to himself to qualify the priest to marry couple con- a young couple, without the usual proclamations, and against usage." the will of the parents, on which I condemned the priest in a fine of 50 guilders, which said Stille too opposed, saying that it was not our province to meddle with this affair ; it ought to be done, if any interference was desirable, by the Swedish consistory, and that we had nothing to do with the priest. Mr. Laersen adopted the same opinion, as our court related to us, last November, on a summons, that we had no case. PETER STUYVESANT, DIRECTOR-GENERAL. 311 right to interfere with the rights of Christina, so that he did 1660. not appear before us. The case was this : Mr. Laerson had ' ¦ — ' complained of assault and battery by Peter Mayer ; he was severely struck and wounded in his face, so that I never saw Assault and a worse, on which both were summoned to appear before us ; g*'^^ but before the court could meet, the affair was settled, pre- court. Law tending the incompetency of the court. On the 19th of August the court met ; there were twelve of the Swedish and Finn nation summoned, and a default by the Jager and other Dutchmen in the colony, when an order was issued that for each default which was voluntary and premeditated, and not brought forward by any extraneous or invincible obstacles, as through sickness, or God's wind and weather, should be paid a fine of 10 guilders, so that no person should be delayed in his just pretensions, as there were annually only three or four courts, as circumstances might require. On the 7th of this month, being court, the priest and Mayer were again sum moned on the same affair by Sheriff Van Dyck, and further, that Peter Mayer treated another person in the insolent manner, and Peter Mayer deliberately occasioning default, after the 8th, intimation to Jacob Van Vern, in whose behalf the assignment was made by sheriff and commissaries, for liquor received ; on which Peter Mayer, coming to me, re quested a receipt, making at 'the same time a great noise, that in this manner the costs were excessive, but that he too would not be at rest till he had a legal security for his land. He told me further, in pretty harsh language, that every year new commissaries ought to be appointed, as entitled, or that he and other freemen were always to be treated as boys, so that constantly we are to be ruled by mad-caps, who did not understand reading or writing, and were to be preferred before him, who was acquainted with letters and penmanship, and that the affairs should be managed in a quite different manner, if he should remain here ; with many other similar insolent blubbering ; to all which I listened with patience, refuted him with solid arguments, and advised him to go to your honour, and lay his complaints before you. A few days ago, when I sent him a warning to deliver up his horse, his wife came and made a horrible noise ; they could not spare the horse, they were not accustomed to carry their wood on their necks ; that they had a share in the property of the horse, as well as I, and, be it said with reverence, she did 312 A. D'HINOYOSSA AND W. BEEKMAN. 1660. not care a groat about my orders, as they intended to leave ' — ¦ — ' soon this spot, on which I menaced to send her to the guard house, but having no wish to throw her in consternation, as Apru 28. being in her last stage of pregnancy, I let it pass by. In short, this people conduct themselves most despicably. Never theless, if they are resolved to move from here and reside in the colony, or any other part, I shall remind him of the fine which he yet owes for selling liquor to the savages. I am informed that the greater part of those now living separately, do intend going to reside in Maryland with a few of the Finns. " While concluding this, I am informed by a soldier that a Captain Kry- shallop was in sight, on which I directly went thither, as it SLarksTf was anoatj when I met Captain Krygier, this instant arrived, D'Hinoyossa who handed me your letter. I copied your letter to the ho- vesanftiet- nourable D'Hinoyossa, sealed it, and then directly conveyed ter- it to him. He was, he said, much surprised at such a vulgar colony1 to'0 address, covering such bitter contents, and you might be company assured that he would show it from the greatest to the small est, and even forward it to the states. He said further, he would not do any thing contrary to your orders, but bear all things with patience, but remonstrate against it to his prin cipals. He wished to be informed by me if the colony was again transferred to the company ; he understood, at least, by your letter, that a change was in contemplation."1 J. J. Becker, for habitually selling liquors at Altona, was May s. condemned in a heavy fine, officially as clerk degraded, and j. Becker with his family to be banished from South River, but his fine dismissed. an(j punighment were final]y remitted.2 " There is a rumour afloat that the colony of the city should May 12. have been transferred again, last October, to the West India Eumoursof Company, wherefore says honourable D'Hinoyossa, that he thTcotony prepares himself to make a transfer of the whole to your to west in- honour, so that he may return to Patria with the first sailing vessel, to recover from their honours at Amsterdam the ex penses which he made in building and improvements in land, and menacing, if they reject his demands, that he would ap peal to the States-General ; and it is further said that he endeavours to stir the colonists to demand compensation for the expenses incurred in making this settlement, because the contract with them was broken, and that they were now free 1 Albany Records, vol. xvii. pp. 51 — 58. 2 Ibid. vol. xxiv. p. 181. •ttaCo. PETER STUYVESANT, DIRECTOR-GENERAL. 313 to leave the colony. I have heard further from himself, that 1660. no soldier will be willing to remain in the company's service, ' — ' — ' but that all would go with him to Patria, no doubt on his in duction. "I understood by Captain Krygier that your honour ex- Ministers of pects from Patria three or four ministers of the gospel. I thes°sPel _ 1 1 _ a r expected. would ardently pray your honour that one of them might be sent to us here on the river, to promote our welfare, and which might contribute to increase the population. " I communicated last week, at Tinnico, your discontent- Dissatisfa©- ment with the sheriff and some of the commissaries, for dis- *j™ £ith couraging and actually preventing some individuals from emigrating to Esopus. "I commanded them to inquire and deliver a list of the census of number of families who intended to make a settlement at ^^ Pas'sayonck, to consider, before any trouble was taken, or reside at expense made for its purchase ; if they would constitute a PMsyung- handsome village, especially as the greater part are very poor, and at the same time very unsteady ; and further, it is thought, many of them would prefer going to Maryland rather than change their place here, but recommends waiting patiently awhile. " Miss Printz requests permission, in lieu of her recogni- Miss Printa tions, to make payment in a fat ox, fat hogs, and bread and corn. aga™ The horses are mentioned as being too small for the farmers. " A lad arrived here who had been taken by the savages Lads taken while strolling in the woods for rabbits. I determined to de- *y th° tain him, notwithstanding the opposition of the savages, as it is said lately two lads were sold by the savages to the Eng lish, and this lad was ransomed two or three months ago by D'Hinoyossa, for a frock and a small piece of frieze. " We can only make two distributions more of pork and beef for the garrison, therefore send some."1 "Yesterday I arrived at this place. Andreas Hudde arrived May 13. at New Amstel from Altona, to go to Manhattan ; in about Hudde ar- half a day he changed his mind, and raised some difficulty by IJhamed of which he might be prevented. He further complained that nis clothes. his clothes had such a mean appearance, and further, that he was unprovided with the means to defray expenses of the journey, so that he was really too much ashamed to appear before your honour. He goes with Captain Krygier.2 1 Albany Records, vol. xvii. p. 62, 63. 2 Ibid. p. 65. 40 2D 314 A. D'HINOYOSSA AND W. BEEKMAN. 1660. ' " Van Dyck says the community wish me to solicit your '~-<—' honour to remain in their present residences, which petition was delivered by Peter Kock, Peter Andrieson, and Hans May 25. Moensen. They said there was not sufficient land obtained Swedes not at Passayung for the pasture of their creatures, and ardently wuiing tore- ^jghgd not to remove. If compelled to go, ' then we will go S1U6 at JrJIS" t t syung. or depart to a spot where we may live m peace. Sir, their whole plan is to obtain delay, and have no intention to obey their orders, unquestionably a great proof of disrespect ; on which I wrote to Van Dyck on 21st instant, and received his answer next day. I requested him to write to your honour that he would delay the execution of that point a little, when he might converse with the principal individuals, and then inform me of their intentions, which on their part I knew were mere excuses. " On the 20th instant I received, by a Maqua savage, a Mr. coursay letter of Mr. Heermans, dated 26th April, from which it ap- TOntsagain Peare(i that the strange conduct toward Mr. Coursay by honourable D'Hinoyossa, caused their great displeasure, so that it was actually contemplated to retake his servants by force. He said he might have sent for them hither three or four Dutch runaways, and so procure an exchange with their servants ; also, that they were deliberating on a division of the limits, to avoid any disputes with those of Delaware Bay. " The greatest chief of the Minquas was here on the 23d; Presents to a he showed me his poor coat, which being interpreted, induced ciuefUa me to offer him a coat and a piece of frieze in your honour's name, which was thankfully accepted. I am informed that Jacob Swen sent for him, and gave him a fathom of cloth, four blankets, a gun, and a few other articles." He complains of D'Hinoyossa not restricting the sale of sale of n- liquors to the Indians in day-light. They have been out- quorstoln- ^ , J a J dians. rageous.1 " Being at Amstel to-day, to inventory the effects of Al- Junen. ricks, I was informed the great sachem from the Minquas Indian country was at Altona, and wished to see me. On arriving, I found that he appeared there with sachem of Hackensack, and three or four savages, among whom, it was said, was the brother of the sachem who was lately killed at Esopus. The great chief informed me that he intended to travel next night to the Manhattans, to try if he could dispose your honour to 1 Albany Records, vol. xvii. p. 70. chiefs visit Altona. PETER STUYVESANT, DIRECTOR-GENERAL. 315 make peace with the savages, and for which end he requested 1660. a canoe to go to Mugokossam, which was granted. He in- v — ' — ' formed me further, that two of our soldiers were at his house, and requested, on their arrival, that they might be allowed to reside in his country, and cultivate the land. These soldiers deserted on the 10th instant, both young men. " On the 11th, Mr. Coursay returned home with his ser- Mr. coursay vants, whom he, with consent of D'Hinoyossa, carried off from °^^tshto Whorekills in the yacht of Carman, and they rejoiced indeed to meet their master again. "I sent the governor of Maryland, Colonel Utie, and the Letter to go- magistrates on the' Sassafrax River, a complimentary letter, „f Maryland in which I requested that if any of our soldiers who deserted respecting arrived there, they would arrest or imprison them, and inform us of it by express, at the expense of the company, in which case I would despatch, with their permission, a sergeant, as sisted with soldiers,- to conduct them home, which Mr. Coursay had not a shadow of doubt would be complied with. Mr. Coursay thanks Governor Stuyvesant for the recovery of his servants. "Several ambassadors passed through here towards the Several in. great chief, on the first of the month. Seven canoes full of dianc"e* o 3 ^ emigrate fo savages, with their wives and children, came down the river, fearofaMa. to emigrate to the Maquas land. It is said they lived before m °' near Menesing, and fled from fear of a certain Manilo. " Hudde has returned, and I will employ him in his quality. " Last Saturday we distributed our last meat. I have about one distribution of pork, besides 200 pounds of stockfish. Send by first opportunity."1 " Andreas Hudde petitions for a berth, and says, ' during June 5. the terms of thirty-one years nearly, (without boasting,) in Hudde, an all faithfulness he has served the company in this country ; f^\ that living on South River, he lately had the misfortune of public ser- being spoliated by the savages, of all which he possessed, by ™t*'in^' which he, with his wife and child, are reduced to poverty, for empioy- not having any means which he can take in hand, at his ad- ™e"tmt^ vanced age, for his maintenance ; he therefore solicits the clerk. director and company to employ him in the service of the company, as his abilities may present, on a moderate salary, for his maintenance.' From his statement of his case, and the intercession of the inhabitants in his favour, he is em- 1 Albany Records, vol. xvii. pp. 72, 73. 316 1660. June 25. Re-transfer of the city's colony to the companysuggested. June 26. How is Beek man to act in case of English?June SO. Sale of li quor to sa- Englishfrom Virgi nia, &c. Airicks's in ventory. Charge by D'Hinoyossa. Election of commissaries. July 2. Order re specting ves sels. July 27. A galliot ar rives. Re turn cargo. Drum bor rowed.Beekman'swife. Ferry-boat. Col. Utie. A. D'HINOYOSSA AND W. BEEKMAN. ployed as writer and clerk in Commissary Beekman's of fice."1 P. Stuyvesant, in writing to the company, alludes to the probable transfer of the city's interest on South River to the company, and says, " If this colony should return to the com pany, other measures must be adopted, at least a good and efficacious superintendence, to control the officers there in power. If it remains as now, we should not dare to conduct ourselves in issuing useful and necessary orders, such as are required."2 Beekman inquires of Peter Stuyvesant " how I shall con duct myself when any Englishmen, either from abroad or from Virginia, might arrive here, and decline going to Man hattan."3 His answer does not appear. Complaints are made by Beekman against D'Hinoyossa, for allowing drink to be sold to the savages; they behave shamefully. Mr. Revel came from Virginia, with consent of the gover nor, to know if we wanted victuals, as he could supply them. The inventory of Airicks's effects is completed. During the progress, D'Hinoyossa goes off for several days, and then charges them with selling the city's property. Sheriff Van Sweringen arrived on 29th. " Yesterday were elected by D'Hinoyossa, as commissaries, Hendrick Kip, Jacob Crabbe, and Baes Joosten. The com munity of New Amstel resolved to send a remonstrance to the lords patrons, to maintain and support the colony."4 The order of 1648, respecting vessels sailing between Man hattan and South River having commissions or orders, is renewed.5 A galliot arrives, and as soon as unladed, sails up the river for a cargo of clapboards, which was not so near ready as Van Gezel represented ; some being more than one quarter of a mile farther, were to be carried down the river in rafts. A drum is borrowed from D'Hinoyossa, as that at Altona could not be used. Beekman's wife is going to Manhattan for provisions, &c. The ferry-boat at Whorekill sunk. Garrison there complain of want of victuals. Utie says he will inform of runaways.0 1 Albany Records, vol. xxiv. p. 286. 3 Ibid. vol. xvii. p. 76. 6 Ibid. vol. xxiv. p. 364, 365. 2 Djid. vol. xviii. p. 114, 115. < Ibid. p. 80. « Ibid. PETER STUYVESANT, DIRECTOR-GENERAL. 317 C. Van Gezel, executor, represents to Peter Stuyvesant 1660. that Jacob Alricks in his will named D'Hinoyossa his succes- ' ' ' sor as director, and Van Gezel and Van Sweringen as coun cillors ; " but alas, as soon as the soul had left his body, August 12. D'Hinoyossa and Van Sweringen remained during next night conduct of in the room where the body was deposited, and ransacked all "n™Y°^0S3a the papers, letters, and secrets of deeds, read them through, sweringen read them to the schepen, and accused the deceased of mal- °Tf af1, . . r ' _ body of Al- administration." The governor advises an expert accountant ricks. to state his accounts, and recommended D'Hinoyossa to desist.1 It appears from a letter of Beekman to Peter Stuyvesant, August 13. that "on the 11th, a small vessel arrived at New Amstel, vessel ar- laden with Campeachy wood from the West Indies, very "T08indis- 1 * 7 j tress, laden leaky, wanting water and provisions ; they are considering if with cam- they will have repairs here. The proprietors are sons of ^j.7 Sheriff Grotenhuysen, of Amsterdam ; their wish is to return as soon as possible. This vessel was last December at Cur- racoa, so that it is sixteen months since she left Holland, and next day after the departure of the galliot, D'Hinoyossa D'Hinoyossa called the community together, to read to them, as he said, ™ J^J from a letter of the burgomasters of Amsterdam, that the ty, said to be patrons were collecting money in behalf of the colony, in ma™ers.rSNo order to promote its welfare and increase; that they never ideaoftrails- p .-,-,. ,.-, f. . ferring colo- f or a moment considered to give up this colony, or transfer it ny. to the company, and that now they intended vigorous exer tions for its strength and support, with sundry other flour ishes." Beekman sends a list of recusant Swedes ; says he- is in want of match coats.2 Lord Baltimore, then in London, (July 24,) directs Captain Capt- NeaJ> James Neal, in Holland, to inquire of West India Company L0rdBaiti- if they admit his right on Delaware ; if not, to protest against moreinHoi- them, to demand the surrender of the lands, &c. on the De laware Bay, respecting which the commissioners of the Dutch had previously been sent to Maryland, but whose conference there came to an unsatisfactory conclusion. Captain Neal, attorney of Cecilius Calvert, baron of Baltimore, on the 1st September. of September, had an interview in Amsterdam, with the representatives of the College of XIX. He was assisted by Mr. Cross, notary, and much to their surprise, asks the direc tors of the company "to command some of the inhabitants 1 Albany Records, vol. xxiv. pp. 364, 365. 2 Ibid. vol. xvii. p. 84. 2d2 318 A. D'HINOYOSSA AND W. BEEKMAN. 1660. of South River, and especially the colonists of the city of ' — ' — ' Amsterdam, to submit to the 'Baron' of Baltimore or his agents, under a grant from Charles I., and offers to agree Capt. Neai, upon certain conditions, and in case of refusal, indemnity for as attorney a]j costs damages, and interest already undergone, or to be ofLordBal- ' => ' J . ° , . . , timore, yet incurred. The directors reply, asserting "their right mana.8 of de" V possession, under the grant of the States-General for many West India years, without disturbance from Lord Baltimore or any other ompany. pergon<" They are "resolved to remain in possession, and defend their rights. If Lord Baltimore perseveres and re sorts to violent measures, they will use all the means God and nature have given, to protect the inhabitants," at the same time declaring themselves innocent of any blood which may be shed. The notary certifies his having been present when the demand was made in due form for the colony of New Amstel.1 The ship Green Eagle sailed. D'Hinoyossa permitted Sept. 30. Gerrit Van Sweringen and wife to go to fatherland ; also snip sails &r Joost Arenson, Peter Crabbe, the blacksmith, and another withvan colonist ; the sheriff, Van Sweringen, 21 beaver hides, 4 his- Sweringen pans, and 6 prepared deer skins, while also were notified by him 100 deer skins more, for which were paid 3 pieces of cargo. eight, to satisfy the recognition. want of pro- Beekman further says, he has distributed his last pork, and Aitona'.at nas onty 50 pounds meal left. Two men draw swords on each other.2 The company in Amsterdam say they have negotiated with October e. the magistrates of the city of Amsterdam to receive again Transfer of the colony under their protection. Since the death of Alricks, dty.n3Baa evelT thing has been in great confusion; affairs go more state of backward than forward, as we are informed by Commissary Beekman, while D'Hinoyossa, substituted by Airicks's will as his successor, did read a letter to the few remaining colonists, assuring them of promised help or transfer of the colony ; as we doubt this, we are backward to redress some evils ; would prefer seeing the city continue to charge herself with its pro tection, as well in regard to the vast expenses which de novo would be required, and continued to maintain a strong garri son, as with respect to the bad rumours and name which have not only been attached to South River, but even the whole country, by the unhappy management of its affairs. Speak 1 Albany Records, vol. viii. pp. 294, 296, 301. 2 Ibid. vol. xvii. p. 89. PETER STUYVESANT, DIRECTOR-GENERAL. 319 of passes being granted imprudently, as lately by a new ship, 1660. Green Eagle, which arrived from New Spain ; on this ship v r"~' embarked Van Sweringen and Jacob Crabbe, both largely in debt. The first has a suit, and leaves his bail in the lurch.1 Matthias Capito mentions absence of William Beekman to October s. Governor Stuyvesant. Says D'Hinoyossa holds Airicks's books and property. No notary here. D'Hinoyossa says "he will not be commanded by your honour, as he does not acknowledge any person his superior, except his principals in fatherland."2 The States-General were requested by the XIX to repre- November 5. sent, through their ambassadors in England, the situation of Ambassa- affairs with Maryland, and to complain of Lord Baltimore's f™^™^. encroachments and pretensions, and that he would desist plain against from them until a boundary line could be run between that Lord Daltl" province and the Dutch. All necessary papers were furnished to the ambassadors ; were instructed to direct the attention of the king to the subject.3 D'Hinoyossa is mentioned as conducting himself in a December 9. haughty and imperious manner, defaming and slandering the Complaints deceased director, and disregarding mandamuses, and injuring BnSoyossa. the property of the deceased.4 Report at Whorekill of a bark being stranded, between December 16. Cape Heniopen and Virginia ; three Dutchmen left her, and went into the country. A three-masted vessel said to be stranded near Barnegat, only one person saved. Have sold horses for fat oxen, hogs, and corn for bread, so that our magazine is now well supplied with beef and pork for more than a year, for the seven Swedish horses, &c.5 D'Hinoyossa received yesterday advice by way of Mary- December. land, in a letter of Mr. Bouk and John Prato, dated August Magistrates 27th, that the magistrates of Amsterdam have resolved to *feeprm^0eny continue the support of this colony, appointing him as direc- Great re- tor, John Prato and Van Sweringen, assistants. D'Hinoyossa J0lcmg- says the burgomasters approve of his seizing Airicks's pro perty ; " in short, the joy is here great, so that the seal of the letter was scarce broken than he commanded the cannon to be three times fired." " It seems as if troubles have arisen in Maryland, as the 1 Albany Records, vol. xviii. p. 124. 2 Ibid. vol. xvii. p. 92. 3 Holl. Doc. vol. ix. p. 144, &c. O'CaU. vol. ii. p. 461. * Albany Records, vol. xviii. p. 141. s Ibid. p. 94. 320 A. D'HINOYOSSA AND W. BEEKMAN. 1660. brother of Lord Baltimore has obtained the commission as ' — ' — ' governor and commander there." Asks for a barrel of salt to save provisions ; " it is here Highpriceof excessively tough, asking three to four gl. for a single sM' schepel."1 1661. Beekman, in a letter to Stuyvesant, thus describes D'Hino- january 14. yossa's carriage, upon his late appointment as director of the conduct of colony of New Amstel : " He feels himself again pretty high, in^iTne°wa an<* 1S strutting forward in full pride. He is boasting that he situation, will recover all the effects of the deceased Alricks, and sings already another tune. He removed from office the secretary, Van Nas, because he did not flatter his whims in writing the records." " About a fortnight since, the grave in which was buried Grave of an Hoppemenick, a savage chief, was violated. The place was violated!1"6 opposite the house of Captain Krygier. They stole from it some seawant, three or four pieces of frieze, and what else was laid by him ; at this the savages are murmuring, and some mischief may be apprehended for those at New Amstel, as I am informed by A. Hudde and others." The following is added in a postscript : " Yesterday the a son bom Jj0r& our God did give an increase to our family, by a boy. to Beekman. T _ ., . , , ° . „....,.•' 1 could wish that there was an opportunity of initiating him by Christian baptism."2 On Beekman's arrival from Altona, on the 18th, he " ob- January 27. served much fear about those at New Amstel, that the savages, Murder of who did not appear for some days, and were skulking here lishme^and an<^ there, would surprise the Dutch, and especially as the one Dutch- savages on the river murdered, about the 4th instant, four ^vages^who persons coming from New Amstel ; they were three English- are impri- men and a Dutchman, the brother of Doctor Herck, who had released, been here only two or three days on a visit. Two or three which gives ,jaYS after tjje murder was committed, several savages, though tion to go- we could not ascertain if they were the murderers, arrived at MaryTand a New Amstel, and had with them some clothes of the Chris- war with tians, which they offered for sale. Two of them came to the in,£uttnd house of FoPP° Jorison, where then were William Holling- ticipated. worth, an Englishman, and Gerrit Ruster, an inhabitant of ' Albany Records, vol. xvii. p. 96, Letter from W. Beekman to P. Stuyvesant, = Ibid. p. 100. PETER STUYVESANT, DIRECTOR-GENERAL. 321 New Amstel, who, together with Foppo, took hold of these 1661. two savages, and directly informed D'Hinoyossa of it, when ' ' ' they were, on the 10th, imprisoned by him, on which the * savages uttered violent threatenings against those of New Amstel. The savages having been examined, were set at liberty the next day. Yesterday, the honourable D'Hino yossa received on this subject, by express, some further in structions of the governor of Maryland, who is greatly dis satisfied with our conduct in setting the savages at liberty, which D'Hinoyossa excused by their not being guilty." " It Prediction as is my humble opinion, that if the English enter into a war h°^terfce- with the savages, it cannot be but to injure the public welfare, ing settled and that the savages will again claim, and take possession of ^nd swedes. * all the lands, or that these will be eventually settled with Eng lish and Swedes. The English, to prosecute their enemy, might violate our jurisdiction, may penetrate our limits with out notice ; if we object or resist, they may suspect our sin cerity, and search for a pretext to quarrel with us. I come to this conclusion from appearances, in which I am confirmed, as Captain Krygier said that Augustus Heermans wrote in private to D'Hinoyossa, that the English foster the opinion English be- that the inhabitants of New Amstel or Whorekill secretly in- DuTte0h in stigate the river Bavages to such misdeeds, which is certainly ia°- an odious and wrong imagination."1 Beekman probably little thought, when writing, " that these lands will be eventually settled with English and Swedes," that he was penning a prediction so shortly to be fulfilled, as subsequent events proved it to be. Immediately following the foregoing is a letter from Augus- a. Seer- tus Heermans to W. Beekman, without date or name of place, tf^ ^Xg/ but alluding, as it does, to the murder above mentioned, was ne is about probably written about the same time: "I visited my farfl^'no colony(?) on the river, and discovered at the same time the NewAm3t»i. most proper place between this situation and South River. I am now engaged in encouraging settlers to unite together in a village, of which I understood that a beginning will be made before next winter. From there we may arrive by land in one day at Sand Hoeck, and may perhaps effect a cart road about th,e same time. The Maquas kill and the Bohemia River2 are there only one mile distant from each other, by 1 Albany Records, vol. xvii. p. 109. 2 A river of this name, in Maryland, appears by the maps to take its rise in Delaware, not far from the source of a branch of Apoquinimy. 41 322 A. D'HINOYOSSA AND W. BEEKMAN. their re lease, 1661. which it is an easy correspondence by water, which must be ' — ' — ' greatly encouraging to the inhabitants of New Netherlands. VI hope to start for £he Manhattans within five or six weeks. Had not the misfortune happened that the English had been murdered on the South River, I should have come towards you by land."1 Then succeeds the following, likewise without date, but January 27. directed to W. Beekman, at Altona : " Sir, the fear with The English which the Finns were struck last winter, was without founda- require sa- ^on . tne_. dreaded an assault without a cause. It is much tisfaetion t / " from the disliked, and had given offence, that the apprehended Indian murderers, murderers, who murdered the English, and carried their and are dis- 7 ° 7 eatisfledwith clothes to Sand Hoeck, have been set at liberty. The English require satisfaction from the murderers, or war, whichever they choose ; on this point they are now quarrelling with the Sus- quehannocks. It was desirable that D'Hinoyossa would write the governor in a manner to remove the broil, and conciliate his good will, as the English are inclined to live with us in harmony and friendship, and to cultivate and promote com merce between the two nations, which they would not inter rupt, unless compelled by force or necessity. I hope for a favourable answer. It is said here that the Susquehannock chiefs have been summoned to Sand Hoeck, and there is some suspicion that it relates to the aforesaid business."2 " Yesterday arrived at New Amstel Captain Wheeler and Ulrick Antony, both from Maryland, and came to see us to day. They appeared before us ; after a few discussions, they proposed the question, ' if any resident in Maryland came hither, whether wo would give him up when demanded, or if it was presumptive that we would defend them ?' We pre tended that we are not obliged to answer, as not acquainted enough or deeply versed in law, even if the questions might be brought before us, being a question too critical to decide; more so, as the city of Maryland appeared so deeply inte rested in it, as being in duty bound to defend the privileges of their citizens. Justly as we were desirous to avoid making any encroachments upon the rights of our neighbours, it seems to me, in this question, with regard to us, every regard due to an independent state is lost. He excused himself, both at his arrival and departure from our house, that he well knew how to show his due respect, but said that in this case 1 Albany Records, vol. xvii. p. ill. * Ibid. p. 112. February 5. Arrivals from Mary land. Ques tion as to protection. PETER STUYVESANT, DIRECTOR-GENERAL. 323 his conscience would not permit it, to which I answered, that 1661. our conscience could not tolerate such a sect. If he remains ' ¦ — ' quiet, and no others of the same breed shall arrive hither, I . shall tolerate him, till I shall have received your honour's fur ther orders ; but by an unexpected increase, I shall command them to depart, in conformity to the orders of your honour. Wheeler said that the advocates of the governor cause great confusion, and a war may be the final result. There is ac- rears of the tually a violent animosity against the Papists, while they will A^mo8s'ity not bear a Papist governor. He said further, that many have towards been lately beheaded in England, and imprisoned ; that more em' than one thousand Reformed ministers are imprisoned ; that they therefore will not protect a Papist, or recommend him to the community ; these are awful prognostics indeed. God vouchsafe us peace in our days." " Oloff Stille, one of our commissaries, arrived with a few February 5. Finns from Maryland. They went thither, as I am informed, Finns return to take up land, and to emigrate in the spring. The sheriff, £°m ^" Van Dyck, had not given me any notice of their departure ; expected. they did not find their friends on the Sassafras River, in that Kanif> " ' posed to set- Case, as they had imagined, so that many have given up this tie them at project, as Stille said that probably many of the Finns, if ^^&iD nof all, who are there now residing, will return hither. In such case, in my opinion, some regulations might be adopted ; they might unite in a village near or at Perslajong, (Pas- syung ?) and not be permitted to settle again in separate spots, as the custom is of that sort of men, and further, to make all of age take the oath of allegiance."1 The progress of the settlement was less rapid than ex- March 9. pected, owing, as supposed, to the want of prudence in the Proposed late vice-director, and many consequently leaving the place. 3' Another reason was the dispute between the director-general and local authorities on jurisdiction, the colonists being obliged to appeal to the director-general in suits exceeding 100 guilders, which affected the majority ; another was being compelled to discharge and be inspected at New Amsterdam, for goods destined to New Amstel, and the company's servants on South River demanding anchorage-money in front of city's colony. It was proposed to appoint another vice-director, and to forbid the company's director from encroaching on the city's rights, &c. As a remedy, the jurisdiction in civil cases 1 Albany Records, vol. xvii. pp. 104, 105. 324 A. D'HINOYOSSA AND W. BEEKMAN. 1661. was extended to 600 guilders, and appeal abolished, and by ' — ' — ' allowing the city colonies to send its own vessels directly to •their colony. The subject of anchorage was to be remedied when the population increased, by extending the territory aa far on the east side of the river as on the west ; the soldiers to be discharged, and the defence left to the inhabitants ; free grants of land to be made to the soldiers then in the country, they promising aid in case of need. Twenty-five or thirty farm servants to be sent from Westphalia to South River, at public expense, the produce of their labour to belong to the colony. The public service to consist of one director, a sheriff, commissary, surgeon, cooper, smith, comforter of the sick, to act also as schoolmaster. $10,000 required to effect this plan, to be expended in merchandise and agriculture. The plan was approved, and public notice to be given of the changes. The impolicy of having two distinct jurisdictions became daily more evident, as it led to constant collisions be tween the governors for the supremacy.1 G. Van Dyck asks payment of his salary due as schout or March 21. sheriff. The director-general replies there was but little to Beekman re- do in the office, and its duties could be performed by the a^herm*1"1' Commissary Beekman, who is accordingly to do the duties of the sheriffalty. Peter Rambo resigns as a commissary.2 "Nothing further from the English in Maryland. The May 31. savages here are highly alarmed, lest the English shall come Indians anx- here. They had a meeting at Passajon a few days past ; they coneiiedwith are c°llecting a large portion of seawant, to make presents the English, of it to the Minquas and other chiefs, to reconcile them again SstTgo- Wltn tne English for this murder. The Minquas presented vemor of already furs to the governor of Maryland, ten or eleven days who'rejMts Past' though he declined to accept any of these, but requested them. them rather to unite with him and destroy those savages;' to unite em which they rejected, as the Minquas chief, who was with your against honour last year at Esopus, told Captain Krygier, 28th of vages. this month. The Minquas and Senecas are at war." " Jacob Swens informed me that Hendrick Huygen advised Report that him that John Rysingh last year, in September, was arrested J.Kysingh • o i J l c i was impri- m Dweden, and that after long entreaties, it was at length Swden" consented to grant him an armed vessel for the recovery of South River." 1 O'Call. vol. ii. p. 464. 2 Albany Records, vol. xix. p. 78. PETER STUYVESANT, DIRECTOR-GENERAL. 325 » D'Hinoyossa communicated his commission to the people 1661. eight days ago, having called them together with the ringing ' ¦ ' of the bell, and assured the congregation, with full confidence, that ere long a vessel should arrive from Patria with several D'Hinoyossa farmers, while he tofd me to the contrary, when he received fjll8aa ™°°b- that letter, that his patrons mentioned not a word of any ship Amstel. or colonists, and rather complained that he received no answer nfi"™^0™' whatever on many points, as he had expected, and that the ms ins™- letter was written in September. " Captain Krygier informed me that he understood from D'Hinoyossa D'Hinoyossa that Van Vleck had warned him to be on his cxPectsar- rest by guard, as your honour had commanded me to arrest him." Beekman. G. Van Dyck appears to have been removed, and inquires van Dyck the reason.1 removed- The subject of the claim between the Dutch and Maryland May. " was again brought before the council of Maryland, when it Doubts in was resolved, that as it was a matter of doubt whether New to NewAnT Amstel lay below the 40th degree of north latitude, and as stei °eing in the West India Company appeared resolved to maintain their bounds. possessions by force, and there was no prospect of any aid from the other colonies, in any attempts which they might make to reduce them, all further efforts for their subjugation should be delayed until the will of the proprietary could be ascertained, and that' in the mean time some efforts should be made to determine whether the settlement was located within the limits of the grant. An agent , was now despatched to Holland to enforce upon the West India Company the claims of the proprietary to the territory in question, and to repeat the demand that it should be abandoned. Compliance with this demand was again refused, but, orders were given by that company to its settlers, to withdraw from the territory about Cape Heniopen, which they had purchased from the Indians; this was accordingly done, but New Amstel, or N. C, and the adjacent country, were still retained in pos session."2 Beekman writes that the savages report that the Senecas juneio. destroyed several plantations of the Swedes and Finns who i,ex taiionis settled among the English. He does not much confide in it. ^see^ab^ " The chiefs of the savages on this river do not trust the towards the English. ' Albany Records, vol. xvii. p. 114. 2 McMahon, p. 35, who quotes Council Proceedings, Lib. H. H. 113. Chal mers, p. 631. 2E 326 A. D'HINOYOSSA AND W. BEEKMAN. 1661. English, and decline to go thither, as they told Hudde and ' — ' — ' Swens, saying, ' the English killed Some of us, and we again killed some of them, the one pays for the other.' They in formed Augustine oh the 4th of their intentions. D'Hino yossa detained the galliot, at request of* Hermans, seven or eight days."1 " On the east side of this river are residing four English July io. among the4 Manitos savagesf they arrived in a small boat in Four Eng- the neighbourhood of Cape May, about three months past ; ^^eon they apparently went homeways from Virginia, as they now with savages, seem inclined to remain there, if the report of the savages is correct. war be- "The Maquas and Senecas are at war. The English in ^nwsmi' Maryland assisted the Maquas with fifty men, in their fort."2 senecas. From a letter of Peter Stuyvesant to the company in Hoi- July 21. land, it appears that he was " apprehensive about Lord Bal timore's intentions respecting the southern part of South River, which he claims as included in his patent, and con firmed by the present king. Lord*Baltimore protested to the company ; speaks of Lord Sterling's pretended claim to Long Island." In allusion to a censure passed by the company on the censure of director-general and council of New Amsterdam, he says, byUcompaMy " ^ a^ our letters, since the death of Alricks, written to his noticed. successor, D'Hinoyossa, and one or two to his principals, had 1 been transmitted, it would to all appearance become evident, that we instituted no process whatever against the city's ministers,} much less that we sowed seeds of discord amongst them ; to the contrary, it would evidently appear that we most sincerely recommended them peace and harmony, with the promotion of the common welfare. What regards the cause or process as mentioned by your honour, relative to estate of deceased Alricks; our opposition against a judg ment on the murderers of three savages, in a case of appeal, and our unwillingness that judgment against Jan Garretson, and Van Marcken, it was our duty to inform you of both, and all the circumstances of these affairs, and our own honour and character compel us imperiously to express our minds in both cases, with all possible brevity." Then alludes to trans actions connected with estate of Alricks, the petition of Yan Gezel, the declared heir and executor. " Never was there an 1 Albany Records, vol. xvii. p. 117. a Ibid. p. 118. PETER STUYVESANT, DIRECTOR-GENERAL. 327 infraction upon arrest made by provisional director, D'Hino- 1661. yossa, in behalf of his principals, on the estate, or money ' ¦ ' coming from it or contracted, for which aforesaid remains responsible." Then notices a case of murder committed on a man, woman, and boy, under circumstances of great cruelty, not in passion or drunkenness, or revenge, " but with a deli berate mind, only from detestable avarice." Speaks of Al ricks as a man of very discreet^character. Ensign Dirck Smith deceased at end of last year ; his widow" now goes to Holland.1 He also alludes to advices received from Maryland, and Eeportofpa- says, " But more probable and material is the advice from *?ntt° Lord «/ 7 sr Baltimore Maryland, that Lord Baltimore's patent, which contains the confirmed. south part of South River, is confirmed by the king, and pub lished in print ; that Lord Baltimore's brother, who is a rigid Papist, being made governor there, has received Lord Balti more's claim, and protest to your honours in council, (where with he seems but little satisfied,) and has now more hopes of success. We have advices from England that there is an invasion intended against these parts, and the country soli cited of the king, the duke, and the parliament, is to be an nexed to their dominions, and for that purpose they desire three or four frigates, persuading the king that the company possessed and held this country under an unlawful title, having only obtained of King James leave for a watering-place on Staten Island, in 1623."2 Beekman alludes to a list of houses and lots in the colony, August 7. which does not appear on the records ; also to a probable dif- Probable dif ficulty between the director-general and England, which he ^^L^ii says "would be peculiarly injurious to us, who, as it were, are lying with open doors before the English." He " wants two ankers of brandy or distilled liquors, to wants u- plant some more corn for the garrison, as it is easier to obtain ^j^, workmen for liquors than for any other wares." " Hears that a vessel with farmers from Holland is coming Expects tar- over, and wishes they could be induced to marry with Swedes ^{J^J"11 and Finns." Great differences exist between D'Hinoyossa and Van Gezel, September 5. because he asked for his accounts as auctioneer. Van Gezel ^f™1^ be" is arrested, an inventory of his effects taken in presence .of D'Hinoyossa his wife ; soldiers guard the property ; the wife carries some ™* Van G°" 1 Albany Records, vol. xviii. p. 143, &c. a Smith's N. Y., vol. i. p. 12. A. D'HINOYOSSA AND W. BEEKMAN. of it away ; yachts and houses searched ; Van Gezel's wife decamps, leaving behind her childMfour months old, that she might not be discovered by its crying.1 Beekman, on arriving at New Amstel to converse with September e. D'Hinoyossa, is met at the door by Van Sweringen, who was D'Hinoyossa ordered to prevent his entrance, though D'Hinoyossa was refuses to BOtifie(j by Alricks of his arrival. A small boy brought word man. from his master that he could not speak with Beekman with . a good conscience ; advised him to go home. The subject on which Beekman wished to converse was The subject partly " because some time since he had molested the Bar- sfrikhT13 kiers, that they lower their colours before the fort before they their colours cast anchor, and they would make use of the opportunity to sail higher up ; then he threatened to examine the lading, as it might be addressed to him, expecting every hour the arrival of a ship consigned to him from fatherland, and talk of other affairs, of which a long detail is given. Beekman despatched D'Hinoyossa2 and Peter Alricks with September 6. two chiefs of savages residing on the river, to the governor Messenger of Maryland, to negotiate peace. He wants supplies for the ^ernoroT garrison, salt, seawant to purchase bread-corn, as with diffi- Maryiand. culty they could obtain a schepel (three-fourths of a bushel) needed!3 °^ COrn f°r a Schepel of Salt.3 "Yesterday T was informed by Mr. Laers, the Swedish Sept. 21. priest, that his wife eloped with one Jacob Jongh, and de- swedish parted that night in a canoe, on which I despatched an ex- eiopes8 * Press to Maryland, and another to the magistrates residing on Sassafras River, and requested them, if the aforesaid persons arrived there, to take them in custody, and give us a direct notice of it. This day I was informed by one of our com missaries, that Jacob Jongh had, during two or three days, a savage of Meggekersing with him, upon which we presume he tries to follow the track of Captain Vuller, and so may pass to Long Island. " Alricks met governor and council of Maryland at Colonel Meeting for TJtie's. Alricks, the secretary, Henry Coursay, Mr. Beek- negotiation , ,, ~ . 0 . , . , , i , p with man, and Mr. lierrit bmith arrived here yesterday by way ot savages. £rew Amstel, to open a negotiation relative to the affairs of the savages."4 1 Albany Records, vol. xvii. p. 124. 2 Ibid. > Ibid. p. 135. 4 Ibid. p. 137 PETER STUYVESANT, DIRECTOR-GENERAL. 329 The trunk of Jongh, with various of Mr. Laers's property 1661. in it, is found at Upland. w ^ — ' " It is said that Jacob Jongh went to New England, as he did not consider himself safe in Maryland. " We understood from the letters which were received in October 26. answer from,honourable Philip Calvert, of 22d and 23d, in Letters from regard to English commissioners who visited Altona, and PhUiPCal- whom we considered it our duty to treat with all courtesy, to English eom- soothe his jealousy, because the governor of the province had mi8Bioni!rs not been treated with the same regards, or received from your honour the same respect, as the governors of other provinces." His honour D'Hinoyossa summoned, as soon as the afore- conference said commissioners arrived, by messenger, the chiefs of the J^^ion- savages, but one only appeared, who resides at the east end ers and chief. of the river, who accompanied the commissioners, with li^l^' D'Hinoyossa, to Appoquinimy, whereabouts another creek Negroes empties itself in the English River, and where his honour ™n the governor, Calvert, met them, when he concluded a peace with the aforesaid sachem, and had a joyful intercourse with them and D'Hinoyossa. The English made an offer to de liver us annually two to three thousand hogsheads of tobacco by this creek, or at .Appoquinimy, if we would supply them with negroes and other commodities. Many of the Minquas died lately by the small-pox. They smaii-pox are nearly besieged by the Senecas, which caused a decline among Mm" v o J 3 quas, who in our trade with them. I am informed that the Senecas are besieged killed another savage not far from that place, but a little ^f^0^9' above it, where the Swedish concentration is made. The ^age. Swedes are full of apprehension for their cattle. " The minister, Laers, solicited on the 15th instant, for our lacrs wishes consent to marry again, as he intended to have the first pro- ag^nmy clamation on the 16th instant. His bride is 17 or 18 years old. I delayed to give a decisive answer till I should have obtained your honour's approbation. "Mr. Williams and many other families have proposed to move to Maryland before winter."1 The reverend Laers again solicits the approbation of his November 8. honour for his proposed marriage, " as the situation of his ^rs again * . wishes to family imperiously requires it."2 maiiy- . The directors send Stuyvesant " resolutions upon a pro posal of this city, from which his honour will see in what we November 9. 1 Albany Recprds, vol. xvii. p. 142. * Ibid. p. 144. ' 42 2e2 330 A. D'HINOYOSSA AND W. BEEKMAN. 1661. have gratified the magistrates of this city with regard to the ' — ' — ' colony on South River, with a view that your honour may conduct himself in conformity to it ; whereas the said magis- coiony of trates do continue for the present to charge themselves with south Kiver ^e directors of said colony. Several colonists and farmers to be con- . ,,,,., • 11 i ¦ «n i_ turned under have again embarked thither, in the hope that it will be con- taateT518' tinued with better success. A magistrate's vessel sails direct for South River. Cecilius " procured a grant and confirmation of the patent passed in favour of his father in 1632."1 1662. Beekman writes, " I brought, on 23d December, the case February i. of Jacob Jongh before the council, but it remains to this day Further pro- undecided, as it was concluded that the commissaries should ceedings institute a new inquiry, and since that day no other meeting: against Itev. x ^ 3 •* ° Mr. Laers. was convened. I have some apprehension that it will be de cided against the Reverend Mr. Laers, as it is partly ascer tained that he broke open the door with an axe, and examined the trunk and goods which were left by the young man, and made an inventory of them, in the absence of the landlord." " The aforesaid Finnish priest solicited very circumstan tially, that the council would grant him a divorce for this Asks and ob- breach of marriage contract by his wife, which he obtained vorco.adi on tne 15th °f December, under your approbation." " Yesterday I was informed that he married himself again Marries him- on Sunday, a transaction, in my opinion, under correction, "^ entirely unlawful, and expect your honour's orders how to conduct myself in it." D'Himryossa "I understood that D'Hinoyossa has demanded his dis- sion. cont' niission ; his soldiers are continually complaining of their bad plaints ,fare, and their dress. "I was informed by Paulus Scherrs, who lately arrived son of Lord from Maryland, that the son of Lord Baltimore arrived there, arrives ui and that nothing further is mentioned there of any intentions Maryland. Upon this district."2 February 20. "Iam informed that the Whorekill is to be abandoned, 0?^"*° and the city militia there to be discharged. The city's sur- doned,&c. veyor, William Rosenlery, is discharged. " The Senecas and Minquas are still at war. The savages on the river, too, are in, as they did not go this winter on > Albany Records, vol. xvii. p. 377. 2 Ibid. p. 146. • PETER STUYVESANT, DIRECTOR-GENERAL. hunting as usual, which causes nearly a stagnation in trade. Rev. iEgedius has just arrived from Holland."1 " On Sunday, the 12th, a. M., was communicated by the clerk, upon order of director-general and council in New March is. Amstel, that a fast and prayer day should be kept quarterly, Quarterly with which a beginning was to be made on the 15th instant, ^' erday but no mention whatever was made of your honour's ordi- to bo kept. nance. The same command was, at the same time, after the first sermon, published in the fort, (here at Altona,) by tolling of the bell."2 " It is rumoured here that the governor of Maryland should MarcrMs. come to New Amstel on 15th April, to establish there the Trade in to- trade in tobacco, but it cannot be ascertained with certainty. *aoco,W1'11 7 " Maryland. It would, in my opinion, be necessary, if any considerable Magazine quantity of tobacco was to be shipped here, that the company p"™^™06 construct a magazine and balance at New Amstel. " Nothing yet done in affair of Rev. Mr. Laers. Kev. Laers. " I solicit most seriously that it may please your honour to wants ne- accommodate me with a company of negroes, as I am very groe much in want of them in many respects."8 Beekman has no intercourse with D'Hinoyossa. March 22. "The galliot was yesterday, by an extraordinary high tide, very high driven out of the kill, but happily saved by the sailors of the me- ship, and brought "again to her former place. On the 18th, however, she was again cast to the other side of the river, so that the sailors were again obliged to return thither."4 The following are the proceedings of the court at their April 14. meeting held by vice-director and commissaries at Altona, (Cock, Harnsen, and Oloff Stille,) against Rev. Laers : " Honourable vice-director as sheriff, plaintiff, versus Rev. Proceedings Laers Carels, defendant — The plaintiff concludes, as it is of ^,°°^m notoriety, and acknowledged by defendant, that on the 20th laers's case. September, 1661, he, Minister Laers committed the violence, in breaking the room ,ppen, and opening the trunk of the fugitive Jacob' Jongh, when said Jongh the night before ab sconded, and made an inventory of his property, which he left behind, as is evident by his own handwriting, to which the defendant was not qualified, which ought to have been performed by the vice-director and the court, and that he usurped and suspended their authority, and vilified it, where- 1 Albany Records, vol. xvii. p. 150. ' 2 Ibid. pp. 152, 153, : Ibid. p. 157. 4 Ibid. 332 A. D'HINOYOSSA AND W. BEEKMAN. 1662. fore he remains answerable and holden to make compensation 1 — ' — ' to the company of what was yet due the company by said absconded Jongh, of which the residue amounts to 200 gl. in corn, and 40 gl. in beaver, which is to be delivered, and besides this, an amende [fine] of 40 gl. for having vilified authority. Defendant said, he came at that time to the house of Andreas Hendriessen, Finn, and asked him if his wife was with J. Jongh in his room, when the wife of Andreas, Finn, answered, that she did not know it, that her master might look. at it, on which he took an axe and broke the door, and made an inventory of the goods. The commissioners having considered the case, command that Rev. Laers shall satisfy the demanded 200 gl. and pay for his insolence. " On the day aforesaid, is communicated to aforesaid Rev. Laers Carels, by Vice-Director Beekman, that his marriage is declared null and void, as illegal, as he married himself, which is directly contrary to the orders sanctioned about marriage connections ; that he before ought to have demanded and obtained from us the dissolution of his former marriage, by letters of divorce, agreeably to the laws of our fatherland, which ought to have been granted by the court of magistrates, and that by a further delay from his side, he shall be prosecuted. A. Hudde, Secretary." The reverend gentleman makes the following appeal : " Sir, my humble submissive service to you, and which I Appeal of always hope to remain. It will not be unknown to you, sir, in what manner, since the elopement of my wife, I have fallen from one misfortune to another, because all my deeds, performed in consequence of this elopement, have been mis construed, so that I have been condemned in heavy amendes, which, in my poor situation, I cannot by any means bring together, as besides that, I paid already nearly 200 gl. I now am again condemned in a fine of 280 gl. The true state of the case was this : while I was searching for my wife, I imagined she was concealing herself in that place, on which I broke it open, but found nothing but a few pair of stock ings, which the fugitive raptor of my wife left behind, of which I made an inventory ; and whereas it has been taken amiss, as if I, by this deed, intended to vilify the court, and therefore am condemned to pay a fine of 280 gl., and pay what the fugitive was owing, whereas I, in my innocence, and in that situation, having no other intention whatever but to Eev. Mr. Laers. PETER STUYVESANT, DIRECTOR-GENERAL. 333 search for my wife, so it is my submissive petition that it may 1662. please your honour to make a* favourable and merciful inter- ¦ ' cession on my behalf, by this meeting, and pardon graciously what is committed through ignorance, and to save my repu tation and condition as a minister, not to inflict any further punishment. What regards that I married myself, I cannot discover any thing illegal in it. I acted just in the same manner as I had done before, with respect to others, exactly so as others do, who are not prosecuted for it, and I can con scientiously assure you that it was performed without any evil intention. Had I known that my marrying myself in this manner should have been so unfavourably interpreted, I should have submitted to the usage of the Reformed Church, but I did not know it ; wherefore I pray once more the honourable general that he will vouchsafe me his aid, and take into consideration my forlorn situation, so that I, with out becoming a burden to others, may supply my daily wants, &c. Laurentius Carels, Minister."1 " D'Hinoyossa interdicted, on the 29th March, by a pla card, that no person may trade between Bompjes Hoeck and Mayio. Cape Heniopen, with any individual, on forfeiture of the interdiction goods which might be discovered by him, granting at the Jj^^j^ same time to Peter Alricks the exclusive privilege of trading jes Hoeck in that district, which causes discontent amongst the Swedes ™n_ and other individuals, saying, 'what right do they above us of Exclusive New Amstel have to trade in our district at the east side of p^Iiricks. the river, as we on their side.' I went, on the 30th, to New swedes dis- Amstel, to take a full view of the placard, and examined it thoroughly, but could not obtain it, as only one had been nailed at the church door, which it was said was taken down during the night by Mr. Kip, who was to be prosecuted for it by the sheriff, who stood in the door of his house, near the church, so that I cannot say with certainty if this interdiction regards only the inhabitants of New Amstel, or that it is meant as a general interdiction." " On the same day, another interdiction was made by interdiction D'Hinoyossa, relative to the proposals made by some of the sfrongu- savages at Tinniconck, by which any contravener convicted quors. shall be fined 300 gl., authorizing the savages to rob those forked to who bring them strong liquors." rob. " The Swedish priest, the Rev. Laers was, on the 12th of 1 Albany Records, vol. xvii. p. 164. A. D'HINOYOSSA AND W. BEEKMAN. April, condemned by the commissaries to pay 200 gl., which had been advanced to Jacob Jongh in behalf of the company, to provide us with corn ; to pay further the 40 beavers due Eev. Mr. to Mr. Decker and myself by the aforesaid Jongh, besides an Laers'scase. amende of 40 gl. for having usurped the authority of the ask a™- court. I insinuated to him in the said meeting that he ought vorce. His to a(j(}ress himself to your honour, and request letters of di- second mar- "\ . -n 1 riage illegal, vorce, and that meanwhile his new marriage was illegal. " I permitted last year, under your approbation, the inha- com-min bitants of Turtle-kill Falls, situated about one and a half authorized miieg from Qm fortregg (Altona,) to build there a corn-mill, on Turtle 7 ^ .... 7J ... creek Fails, which is now to be finished, provided they can now obtain the Must grind feed.. This was iranted on condition that the garrison here for garrison o ^ o gratis. should not pay for their grist, which ought to be inserted in mm^Eoss- tne ^ee(^ ^e nave nere grea,t trouble often with grinding, mm at New and are compelled, when we cannot be served, to go to the old Swedish mill, at the distance of about six miles from here, or bring the corn to New Amstel, to the Rosmolen, at great expense to the company."1 John Staelcop, &c, petition for land. Some time since, Water grist- they built a water grist-mill on the falls of Turtle Creek, ttfereek."1" (Schildnaps-kil,) for the benefit of the community and others, owners ask and because it is very necessary for some person to reside there to tend mill, who of course would want some land with it to cultivate, by which the mill might obtain greater safety. They oblige themselves not to sell, mortgage, or alienate said mill under any pretext, except with consent of his honour.2 The dispute about jurisdiction between D'Hinoyossa and May 15. Beekman became pretty violent, the former requiring vessels Furtherdim- to lower their colours when passing New Amstel, and threat- cuitiesbe- enmg to examine their cargo, the latter claiming the juris- D'mnoyossa diction over the whole river, denying his right to do this. 111 (,i D'Hinoyossa was summoned before Beekman, at Altona, man. which he disregarded. Beekman further charges him with making, in a tavern, attacks on the director-general, &c, at New Amsterdam, charging them with bringing the Swedes to South River, by their ill-treatment of Minuit, threatening, if he could, to drown or poison the Manhattans.3 Hudde, in a letter to W. Beekman, speaks of applying to Van Ruyven and Krygier, when appointed commissaries and ' Albany Records, vol. xvii. pp. 158, 159. * Ibid. p. 161. » Ibid. O'Call. vol. ii. p. 465. PETER STUYVESANT, DIRECTOR-GENERAL. 335 captain, to aid him in procuring payment for the house which 1662. was sold to honourable J. Alricks, schepen and magistrate of ' ' ' the city, to be for a time appropriated for the benefit of the community, "as it yet has continued till this day." They treated it with kindness, and J. Alricks promised to pay, as the purchase was approved by his . lords and masters, but in vain to himself or his successor, D'Hinoyossa, &c, who re ceived pay. Everybody complains of his unjust and fraudu lent proceedings. D'Hinoyossa sold a considerable part of the city's property to the English in Maryland, such as a pair of millstones, &c. j^ Beekman finds himself, by his oath of office and honour, Juno s. compelled to charge D'Hinoyossa with taffing away the pali- serious sades of the fort, and burning them in his brewery ; also with ^Bmsany selling to the savages the new city guns which arrived in the against "Parmeland Church;" also to the English in Maryland, the D noyoss city millstones brought in the same ship, for 1000 pounds of tobacco, and a small brewer's kettle for 700 or 800 pounds ; also with railing against the Manhattans, and threaten ing vengeance. Beekman sustains his charges by affi davits.1 About this time, in consequence of publications in Holland, Mennonists many were induced to think of emigrating to South River ; a°* ^e™ among others, a number of Mennonists, to the Whorekill. emigrate. The association was to consist of married males and single men who had attained 24 years of age, and were not bound to service nor indebted to the association ; equality was the basis of the association ; no superiority or office to be sought for; each pledging himself to obey the ordinances of the association, " in the maintenance of peace and concord." All clergymen, without distinction, were to be rigidly excluded from the society. As it was to be composed of persons of divers opinions, this exclusion was unanimously agreed to, for in choosing a minister of one sect, it would, it was argued, be impossible to harmonize so many discordant humours ; to appoint one for each would be not only impossible, but " an inevitable pest to all peace and union." It was moreover considered "difficult to comprehend the. peculiar benefit such a society could derive in any way from a preacher," &c. " The correspondence on the subject of creating this singular co lony, finally eventuated in a grant of land at Whorekill, free 1 Albany Records, vol. xvii. p. 168. Peculiar no tions. A. D'HINOYOSSA AND W. BEEKMAN. from tenths and all other imposts for twenty years. Pieter Cornelis Plockhoy was principal leader of the Mennonists."1 D'Hinoyossa writes to W. Beekman to arrest the property June 20. of certain soldiers who ran off on the 19th instant, and asks it as a reciprocal measure ; (two have been apprehended, and a third badly wounded ;) which Beekman agrees to do. June 21. Van Sweringen says he shot the man unintentionally. The director-general and council allude to censure's by the juiy 15. Holland company, respecting certain supposed proposals of Direetor-ge- defence against the savages, and a divisional line by Mary- coundi'repiy land, which they say were never passed. As to what passed to directors between Maryland and D'Hinoyossa remains a secret. Beek- &r censure' man " gavej it is true, some communications, that in conse- cast upon quence of the murder of two or three English going from New Amstel to Maryland, trouble and some war had arisen between them, which caused certain correspondence, and some embassies sent, vice versa, by D'Hinoyossa and governor of Maryland, but all this without any action with us or Beek' man, so we are ignorant about it. Daily occurrences prove D'Hinoyossa is either too ignorant, or too great in his own eyes, to consult your ministers on these or other such like affairs." They speak of disbanding soldiers, twelve or fourteen in D'Hinoyossa Altona. D'Hinoyossa refused to publish a proclamation of keep a" to *ne director-general and council, and also to observe a day prayer-day of fasting and prayer, but objected that the colony was not dircctor-g^ specially mentioned ; and about the same time issued a pro- nerai and clamation themselves, which they published but did not keep, insoientian- In the name of director and council of New Amstel, not of guage, 4c. New Netherland, " writing to us of New Netherland in un measured language, that they expected no more from us simi lar orders and injunctions, but that in future they would take care of it for themselves, and that for this purpose they had established a quarterly prayer day."2 William Beekman sends Peter Stuyvesant a statement of July 21. Van Sweringen's conduct in arresting, with seven men, dis- van swerin- charged persons who were on their way to Meyzepen or ^arrests Meggakisson. I met sheriff at Verdietige Hoeck, (Doleful Corner,) and protested against his usurping authority, tra- 1 O'Call. vol. ii. p. 466, where see a further account of their strange no tions. Holl. Doc. vol. xv. p. 128. 2 Albany Records, vol. xvii. p. 195. PETER STUYVESANT, DIRECTOR-GENERAL. 337 versing our district with armed men. Van Sweringen threatens 1662. private injury. Sixteen or eighteen families, chiefly Finns, residing in our district, have been induced by D'Hinoyossa to move into the Families of colony. They will be 18 years free from tax, have their own j "j^^." judges and religion ; they mean to retain lands in our dis- lony. trict. Oh Sunday, p. M., five persons were induced to go to New Amstel, where they had business ; they staid till next day ; at evening, all being at supper, Elias Kouls assaulted Attack on Sheriff Van Sweringen near his house, thrusting at him with sword, &C.1 "If your honour might deem it proper to send hither the August 3. attorney-general, I solicit with submission, in that case, that Asks for a he may be accompanied with a minister of the gospel, as with ™°gJpeL us in Altona, as well as New Amstel, there are several un- several un- baptized children. The Lord's Supper has not been adminis- ^aton. No tered here during two and a half years, so that by this act Lord's sup- your honour will show us a great kindness." andahaif° He cannot live on good terms with D'Hinoyossa.2 years- William Clayborne, jun., writes about runaway servants from Maryland ; asks to have them taken up.3 The directors in Amsterdam say to Peter Stuyvesant, that September i. " the provisions with which your honour has supplied eight or Expenses in ten licensed ministers of this city on South River, who have home'elght returned home in the vessel ' Parmeland Church,' shall be paid or touminis- V . ters to be re- here by the city to the company, so that your honour may paid. place in your books these charges as liquidated. What now regards your apprehended difficulties, that through the privi- certain pri- leges which have been bestowed upon the colony of this city, iuaeSjt^na other colonies which have been established there with the apprehended consent and foreknowledge of the company, may be tempted from those to claim similar privileges and immunities, on the special pre- ^t05^ of- texts of their letters-patent, grants, or deeds, we shall only observe, that when similar applications shall be made, then your honour ought to send us this information, in which case we shall resolve upon it, as circumstances may require, and communicate to your honour the result of our deliberations."4 All the books, papers, and vouchers relating to the affairs Airicks's pa- of the deceased Jacob Alricks, of South River, to be sent to ^ntto" the magistrates of Amsterdam.5 Holland. ' Albany Records. 2 Boid. vol. xvii. p. 199. 3 Ibid. p. 233. < Ibid. vol. iv. p. 199. s Ibid. p. 400. 43 2 JF 338 A. D'HINOYOSSA AND W. BEEKMAN. 1662. New Amstel is suddenly alarmed by the following circum- ' — ' — ' stances, as related by Jean Willems, in a letter of this date to Beekman, at Altona: "At evening, sitting at my door,'a September 5. runner arrived suddenly from below the row of Hunters-land, sudden a savage severely wounded, who, as he could not be under- aiarm at stood, signified by signs that the Senecas did it, on which all Fears of the the citizens were directly armed and collected together, with Man mur- which we continue every evening. We have heard of many dored. severe threatenings made, as is said by savages, against us, of which we saw yesterday a most bloody effect, at Jans Flons, an aged man riding in the woods, with his wagon and two horses, was shot from his horse on which he rode ; it seems presumptive that it must have been done by the Senecas. Something ought to be done ; if you would not despatch a savage, or Swede, or Finn, to the director-general." Beekman writes to Peter Stuyvesant : "As I arrived at September 7. New Amstel, I saw there a great disturbance and commotion Alarm con- among the inhabitants, who fled with their property to the tinned. Mes- forti {jp0n the burning of the hovel which I mentioned in senger de- r ° spatched to my last, D'Hinoyossa sending me a messenger, and soliciting, Grange, a ln tne name 0l" the director and council in the colony, that I swede of would come up, to despatch a savage to Manhattans, of whieh I excused myself, as I could not leave home at this time, and that he could much better spare a man than I, but at last proposed, as here was a Swede of Printz's, that we both to gether should send our letters to Mr. La Grange, requesting him to. despatch, at joint expense, little Hansen or his brother- in-law Carel," &c, which was done. " If the apprehensions are realized, I should be compelled Bad state of to enlist men for defence of the place; but small provision Alton's0 ** °^ P°wder an(i balls ; it is not difficult to procure victuals. In our quarter or district, neither man nor beast molested, neither is any creature, thus far, at New Amstel, injured.1 " Yesterday, my wife was delivered of a son, so that now Sept. 8. two of my sons are unbaptized. We are expecting daily the his moiLr 3haU0P> with the desirable gospel minister. Six or seven sol- son, diers sick.2 " Alarm has subsided ; they cannot yet tell who did it ; Sept. n. probably the Senecas." " I inquired, at the request of Hendrick Huygen, into the situation of a certain lot of land, situated at south-west side 1 Albany Records, vol. xvii. p. 230. 2 Ibid. p. 226. PETER STUYVESANT, DIRECTOR-GENERAL. 339 of Upland-kill, and was informed by the Swedish commis- 1662. saries and other ancient inhabitants of the said nation, that ' ' ' ¦aforesaid tract is called Printz's Villager which had already ,been in possession during sixteen years of the Swedish go- History of vernor, Johan Printz, and his daughter, who owns it. I can- "° not hear that this tract has ever been in possession of one Hans Ammonsen or his heirs, or that any land was cultivated by him in that neighbourhood, but well that it was said so of one Elias Sullengreen, after the arrival of Governor Rysingh, that his wife's father had a donation in writing from Queen Christina, of a certain piece of land, situated between Mary's Corner (Marytjens Hoeck) and Upland-kill. I received this information on this day, in Fort Altona. W. Beekman."1 Sept. 20. " No reason to fear at present. Have not found the mur derer Of Johan FonS. D'Hinoyossa "D'Hinoyossa declared publicly in the fort that he in- SgtoHo1" tended going to fatherland via Virginia, in six or eight weeks, with a view to give an accurate delineation of the colony to his lords and patrons, and to convince them of the necessity of obtaining possession of South River, adding, in case he did not return, each person ought to look out for himself." " Wants provisions and men, having only five or six healthy sickness at persons for defence ; the others are lingering with intermit- AUona' ting fevers."2 Writes, at request of some Englishmen who arrived a few Sept. 27. days ago, to recover runaway servants.3 Eunaways. P. Stuyvesant requests Beekman to assist' D'Hinoyossa, October 24. when requested, with six or eight men, " who should incline soldiers to to go at the expense and wages of the city." In reply, he b?^™^*0 says, " I am confident no person will be willing to go on these from Aitona. terms, wherefore I request your honour's special orders, ^*™ande" whether I shall, when requested, command such a number thither, and keep the fort garrisoned with the remainder." Peter Stuyvesant complained of high accounts made out complaint bv the merchants, &c. " Your honour ought to consider that hI Peter L v 7 o Stuyvesant the place is unfavourably situated, wherefore very few can against high canoe any thing of consequence, and they cannot well subsist merehauts on what they receive for their daily support, so they often Beekman ex- must receive advances for their bread. Every article which cuse3 thcm' comes from Manhattan is charged with great expenses and high freight." * 1 Albany Records, vol. xvii. p. 238. 2 Ibid. p. 237. 3 Ibid. p. 239. 340 1662. The galliot sold.An English servanthung. Others wounded. Nov. 24. New Eng land asks surrender of Manhattan.Lord Balti more ob tained let ters-patent from king. Murder of a boy by In dians. Eort in want. A. D'HINOYOSSA AND W. BEEKMAN. Matthew Bengsen, under-sheriff and city messenger, died September 9. D'Hinoyossa sold the galliot to the Englishman before mentioned, for 14 hogsheads of tobacco and 40 head of cattle. " On the 19th was hung, the head cut off and placed on a stake in the presence of 'French,' one of the English run away servants, and bought by Peter Alricks, at Whorekill, from the savages. When these were to be conducted to New Amstel by some English, ' French' made an attack upon them when on South River, or near Bompjes Hoeck, wounded two and slightly hurt the other, when they fled out of the boat, but were again overtaken, at New Amstel, where he was apprehended by orders of D'Hinoyossa, when, on the 3d, the English masters departed, but D'Hinoyossa refused to deliver French to them, because he committed, as he sus tained, a delict in the distance of the colony. I sustained that the case belonged to your honour's jurisdiction, as the deed was committed on the river, and not in the colony. Van Sweringen was sitting as judge in the case. The whole transaction took place without the knowledge of Mr. La Grange."1 " D'Hinoyossa returned to New Amstel, but I cannot dis cover what he performed. I understood, only the other day, that he received information of General Calvert, that those of New England have demanded the surrender of Manhat tans." " Mr. Kip was, about three weeks ago, at Colonel Utie's, who asked if your honour was yet angry at him, that he formerly had demanded the surrender of New Amstel ; adding that Lord Baltimore had obtained more letters-patent from the present king, in which the colony was included, and that said lord intended to claim the whole extent of them." " The savages murdered, on the 17th instant, about an hour before sunset, nearly 400 rods from the fort, a youth, being the servant of John Staelcop, whose parents reside in the colony ; his master had just left him ; cannot discover what nation did it ; we suppose those on the river who are now hunting in this neighbourhood; they lay it on the Minquas or Senecas. We sent for the chief of Passajongh, to whom those hunting here are subjected." " In great want of provisions ; our magazine empty. We shall have to expect our bread-corn from Manhattan, as nearly 1 Albany Records, vol. xvii. pp. 243, 244. PETER STUYVESANT, DIRECTOR-GENERAL. 341 all is purchased by the merchants, and the crop not half the 1662. last."1 —*-* The sudden and unexpected departure of D'Hinoyossa and Van Sweringen for Maryland created much surprise, as we November. find by the following letter written about this time, (without D'Hinoyossa date,) by J. Willems to Beekman, from New Amstel : " I do ™dTan ' " . Sweringen not know if you are informed of the sudden departure of his depart sud- honour, D'Hinoyossa, and Van Sweringen. Last Monday Minly,ford the governor of Maryland despatched a man to him with a which letter, that he ought to come directly to the house of Augus- ^^^ tin, where the governor was waiting to converse with him, when the shallop was directly made ready, and they sailed at night. I do not know what it means, as he made no commu nication to any one, except that he informed me of his de parture by a messenger, without mention of place ; all this surprises me much, as does his departure without any know ledge of his council given him to assist him; wherefore I would not delay in communicating it. Who knows what it means, if it is not a consequence of the conversations in the valley, which have been witnessed by several persons that they were speaking together, lifted their eyes up towards heaven, laid their hands on their breasts, with other strange grimaces, wherefore you will reflect, and consider maturely, and exa mine, if perhaps in that valley may not be a basilisk breeding. I will not suspect any evil intention, but it certainly can do no harm to be on one's guard ; this even I must approve, and if your honour might see or observe something, then I trust you will communicate it directly to the patron at Manhattans, and remain meanwhile in the wish to converse with you in person on the subject." Beekman writing to Stuyvesant, says, " When I arrived Nov. 27. this dav at New Amstel, to assist at the funeral of Mr. Wil- ^h of , v ' Willems, &e. lems." This is probably the writer of the preceding letter. " I have been compelled to request Huygens to provide 300 gl. in beavers, to pay for wages and cattle, &c."2 On the 3d, arrived at Altona three Minqua chiefs, with Dec. 23. their suite. Supposing that they had something to communi- Arrival of cate respecting the murder, Beekman requests the presence ^eaft a*^" of the Swedish commissary, with Mr. Huygens and Jacob pose going to Swens as interpreter, to come to Altona. The chiefs, on the J^f 6th, bitterly complained, that on our information and com- 1 Albany Records, vol. xvii. pp. 245, 246. 2 Ibid. p. 247. 2i?2 342 A. D'HINOYOSSA AND W. BEEKMAN. 1662. plaints, they discovered that this murder was committed by a ' — ' — ' young savage residing among their tribe, he being a captive Seneca. They suggest, that as long as Christians resided Murderer here, it can never be proved that they have in any manner, AsTImmu- *>y tnat natlon> °een injured or offended ; on the contrary, nition. they have showed them every mark of friendship, and were always willingly and cheerfully employed in reconciling dif ferences between them and other savages, &c. They said, about three years since, one of their nation was murdered by Christians at New Amstel, which they did not resent. Presents were exchanged. " The chiefs expected, ere long, to their assistance, about 800 Swedish Minquas, of whom 200 had arrived, so that next spring they were resolved to make war with the Senecas, and go and visit the forts, wherefore they solicited the Christians to provide them with ammunition of war whenever they paid for it." " A protested bill of exchange, which had been given by Protested Mr. La Grange to Miss Printz, was shown to William Beek- ct^ge^ven man> an(* a meeting requested ; judgment given and appeal Miss Printz. taken. ' ' " I went on the 21st, to Tinneconk, at request of Huygens, and used every exertion to settle differences respecting the protested bill of exchange, but did not succeed." The above letter is dated at " Tinneconck, N. Leyden." This bill of exchange was for a part of the purchase-money of that island, and given to Miss Printz, on which suit is afterwards instituted.1 1663. In a letter of this date, Beekman says to Stuyvesant, " He February 6. has related, from time to time, what happened in the colony D'mnoyossa of New Amstel, principally during the time of these rigorous Sg'hecL. and bloodthirsty chiefs. D'Hinoyossa sells every article for which he can find a purchaser, even powder and musket-balls from the magazine. I know that he sold a considerable quantity to Augustin Heermans, besides nails belonging to the city, the house in which he lives ; offered to sell house in the fort, in' which he had built a brewery ; says he every day expects powerful succour from fatherland, &c. Perfect dark ness about occurrences at Heermans, with Governor Calvert. 1 Albany Records, vol. xvii. PETER STUYVESANT, DIRECTOR-GENERAL. 343 Sweringen departed about Christmas to Maryland,1 it is said 1663. to receive tobacco for the millstones and galliot, &c. v — ¦ — ' D'Hinoyossa considers us as his mortal enemies, rejects a surgeon because he is a friend of Beekman ; a great deal of February e. such reports and insinuations. D'Hinoyossa mi . , andBeek- The small-pox appears among the savages on the river ; man eno- apprehends it may visit Altona. " I earnestly solicit that I ^jj m may receive, by first opportunity, at my expense, what theria- among the cal, mithridat senna leaves, and other purgatives and cooling Jjeekman remedies are of service in that sickness, as we have actually sends &r a blessing of eight children, and may expect, in such a case, NoU^Tl'i- a great deal of trouble, so that by it your honour will oblige tona- us, as no medicines are obtainable here." j "Mr. Huygens is fully resolved to move from N. Leyden, Huygens go- as soon as the river is navigable. One Picard, a Frenchman, ™j;Te° ^ who resided with his family here three or four weeks, sold his Frenchman house and land in the colony, and appointed D'Hinoyossa his E° attorney."1 Certain propositions were made to the West India Company February 8. by the burgomasters of Amsterdam, intended to promote the propositions interests of the colony. They were presented in ten distinct made by * . burgomas- articles: "1st. That they shall renounce and quit every claim ters to west on the property of the said colony. 2d. With all the rights *"****" of high and low jurisdiction which they possess on the South the answer River. 3d. Provided they pay to the aforesaid company the of the'atter> " * ./ r «/ respecting recognitions which are actually paid from all imports and ex- the colony ports. 4th. Without being obliged to bring their goods into and nTer' the company's magazine. 5th. Neither to be visited by any of the company's commissaries. 6th. But to remain satisfied with the declarations of the commissary or director. 7th. And to pay nothing on the South River, neither shall the company claim any authority upon it. 8th. The jurisdiction and pro perty of this land must be considered as extended from sea and upwards on the river, so far as the river stretches. 9th. And towards the north three miles from the border of the river, to interior of the country. 10th. And to the south as far as the country stretches towards the English colony." The following " extract from resolutions of directors of the privileged West India Company," shows the result: " Thursday, February 8. The commissaries over New Resolution Netherland having, in conformity to our resolutions, con- mreply- 1 Albany Records, vol. xvii. p. 260. 344 A. D'HINOYOSSA AND W. BEEKMAN. 1663. versed with the burgomasters of the city, were unanimously ' ' ' resolved to answer their proposals thus : Noble and respect ful lords, the lords burgomasters, Boutemantel and Wilmer- Kesoiutionof doncx, brought the report to our meeting that your honours com* an*"1 delivered to them a memorial soliciting some further exemp- repiy. tions, which their honours are of opinion ought to be granted them by the West India Company, to promote the success of the colony on South River, in New Netherland, named Am stel, with recommendation that it. might please the company to take a resolution upon it, as soon as possible, because it is their ardent wish to promote the success of that colony more than it was thus far in their power, on which, having heard the opinion of the aforesaid committee, with that of honour able Huygens, one of the committee intrusted with the con cerns of New Netherland, considered that the memorial of their honours consisted in ten articles, on which they resolved as follows : " The company could make a concession of 4th, 8th, 9th and 10th articles, with regard to the lands and limits men tioned in contracts, and grant of these the full property to your honour, in the manner that they already possess other lands. Neither has the company any objection to abandon the Fort Christina, and deliver it to your honour, provided that the possessors and proprietors of land situated in the neighbourhood are not injured in their rights and privileges, and that your honour will send thither, without delay, a good number of soldiers to the discharge of the soldiers of the company, the security of the colony, and for the defence against the savages, who are increasing their buildings in that neighbourhood annually, and in succession, more than a mile in length, so that 400 colonists would be therefore desirable^ at least the farmers should be increased to a sufiicient num ber to protect and settle the whole, while their honours can not be permitted to sell or dispose of the, whole of said colony, or of a part of it,* by sales or transfer, or barter, or in any other manner ; all this on the forfeiture of the privi leges which were granted by this agreement. With regard to the 2d, they answer, that is in conformity with the juris diction already granted, as may be seen from the separate conditions and articles 2, 3 and 4. In reply to the 3d, this article is according to the list published with the conditions, by your honour. On the 4th, 5th, 6th and 7th, they cannot PETER STUYVESANT, DIRECTOR-GENERAL. 345 be granted but to the great prejudice of the company, where- 1663. fore your honour must excuse the company in declining v— "> — ' these, as they already must be understood to have done, from the resolution of the aforesaid company, of 21st March, 1661, art. 4, which we had the pleasure to communicate to you. Articles 8, 9, 10 have been answered at articles 1 and 2, where the question of property and jurisdiction was dis cussed."1 » The ground-rent or duties of 4 stivers on each beaver, which thus far was levied on the South River, is abandoned, Feb. 16. and left in future for the benefit of the city."2 All goods carried from New Amsterdam to colony of city, and from there hither, (Amsterdam,) as now is the usage, are subject to visitation of a commissary of the company, in future to be by commissary of city, on certain conditions. Various other regulations. " We heard, with regret, of the murder of a Christian by the savages, in the colony of New Amstel, and as this event March 26. might be followed by more serious consequences, we are satis- Murder of a fied with the precautionary measures your honour has taken, Chnstian •>? .... . savages. while wo have not been deficient in providing you with re- surrender quired powder, or to communicate this testimony to the com- of riTer' &"' missaries interested here with the administration of the city, that they might give their officers such orders by which the security may be maintained. This brought to stand. an ami cable interview between them and us, to the effect that the whole South River shall be left to the city, which should de fend it by a complete garrison."3 Hendrick Huygens informs Beekman of a horrid deed at March 29. Upland, committed by a Finn, Jan Hendrickson, against the Murder; honest Juriaen Kuys Sneart, whom they have cruelly beaten. srobably , He was tried, and the case referred to Peter Stuyvesant.4 above. The directors of the West India Company write from Am sterdam to Stuyvesant, " that the complaints which have been Apruis. made against director of this city, Alexander D'Hinoyossa, complaints and the sheriff, Gerrit Van Sweringen, and their proceedings ^^losaa there in executing and hanging a runaway servant who re- to directors. sjded before in New Netherland, is strange." It had before been commanded to the commissary and directors, to exert 1 Albany Records, vol. viii. p. 352 — 355. 2 Ibid. vol. viii. p. 356. Ibid. pp. 358 to 364. 3 Ibid. vol. iv. p. 415. * Ibid. vol. xvii. p. 262. 44 A. D'HINOYOSSA AND W. BEEKMAN. themselves to restore order. " D'Hinoyossa, (although at his own request,) shall be summoned here ; summons to be de spatched by a vessel to sail from here on adventure to South River, with a large number of labourers, and some other families." They allude to " repeated complaints of the commissaries, complaints purporting that the company's government in New Netherland that farmers seeme(j t0 make it a study to oppress the colony of the city, are induced . in- xi l . i_ j. to leave New to prevent its growth, alleging, among other examples, that Fiftvlabour- tnev ^ protect the colonists who, from time to time, escaped ers and from the colony, and hired, by sinister means, their best and «nung otct. ablest farmers from there, as they complained, which hath actually been practised with one Brer Wolters. Said com missaries entreated us most seriously, as they had again con cluded to send there 50, labourers and 12 girls, for the service of the colony, not only that similar measures might not again be put in practice, but further, if any of them within three years might escape from the service in the colony to the Manhattans, they might be sent back again." Another order is given to send over Airicks's papers.1 " Many labourers and other freemen are, on account of May 7. this city, going to South River in ship Jacob, from Amster- Morecoio- dam to Manhattans ; passage and board, 36 florins. In 11 fourteen days another vessel is to sail."2 At Beekman's request, a small valley, with six morgens of May 17. woodland, bordering on, situated on west side of Altona, and Land to containing about eight morgens, is granted to him by Stuy- Beekman. yesant.3 A. Hudde communicates, in a letter from Altona to Stuy- May29. vesant, that "information was received by one Harman Large bodies Reirders, residing in the colony of New Amstel, of the Eng- ot seneca in- jj^ ^[q^ he received with request to communicate to us dians are on ' * their march that the Senecas being 1600 strong, with wives and children, quas6 a™ were on tbeir march to the Minquas ; that they were yet a tack feared two-days' journey from the fort of the Minquas. The Min- whichisin id. p. 429. Direct, to P. S. 3 Ibid. vol. xxi. p. 108. PETER STUYVESANT, DIRECTOR-GENERAL. of the men to meet the Senecas, and conclude with them a treaty of peace, and as the savages on the river will not always remain at the fort, this may occasion disturbances on the river during this summer. This was intended for, and despatched to his honour, William Beekman, to communicate this and other parts to him chiefly interesting. I conceived it a duty to present a similar report to your honour, as in our destitute situation it would be entirely beyond my power to make any defence, in case of a sudden attack. We may flat ter ourselves that this event will not happen, but we have no assurance. A. Hudde."1 " When I arrived, on the last of May, at New Amstel, I June 6. perceived there a great change ; all were jointly engaged to KepaWng repair the fort, as the, Minquas were blockaded in their fort ?f' Mght * i- r, between by the Senecas, being about 800 strong. When the Senecas Minquasana approached, three or four men were despatched to the fort Sl!I'c':M¦ with the offer of peace, while their force remained at a dis tance ; but a Minqua returning from hunting discovered the Senecas, so that next day they from the fort concluded to meet them, with 20 or 30 men, when the Minquas at the same time, with their force, made an attack, drove the Senecas to flight, and pursued them for two days, retaking 10 persons, and 10 men killed, if we can depend on two Minquas who arrived at New Amstel on 2d instant. " On 1st instant, at New Amstel, by the sounding of the van swerin. bell, is published a certain letter from fatherland, addressed 40^4"",. to director-general and council at New Amstel, by which it kimns » S* appears Van Sweringen, the sheriff, was pardoned for shoot ing an insolent soldier, and that director-general and council are recommended to furnish the magazine with the necessary supplies, as the lords patrons resolved to equip a ship with colonists, besides a number of labourers. At its date it was 130 families reported that 130 families had engaged to transport them- exi'ected' selves hither at their own expense ; further, that the burgo masters were then negotiating with the company to give the whole river to this colony ; might expect the result in next vessel. " If the lord mayors abdicated South River to join to the w. Beekman colony, William Beekman wishes to be employed anywhere ™^^ in the Service."2 caseoftrans- " The directors of the colony of this city, (Amsterdam,) say, fer' i Albany Records, vol. xvii. p. 276. 2 Ibid. p. 280. 348 1663. June 28. Arrival of D'Hinoyossa at Amster dam. July 3. Magazines to be supplied. Prospect of surrender of river to the city. July 23. Fears at Al tona. Desti tute condi tion of the fort. Hudde going to Maryland to set up brewing. July 24. Lord Balti more ex pected. No wine to treat him with. Bev. Zetsco- ven called by Swedes. Laers op poses him. July 28. A. D'HINOYOSSA AND W. BEEKMAN. A.' D'Hinoyossa, arrived here three or four days ago, by way of Virginia. We cannot yet discover the motives^ of this un expected arrival, as only generally, that the inhabitants in the colony of the city, should, as it were, have compelled him to this journey; time will teach what he may bring with him, and what will be the consequence of his visit."1 Beekman says, " the directors and council of New Amstel are again instructed to provide magazines, with every neces sary article, as new colonists are expected, and there is no doubt the city will unite, with the whole river, to the colony, in which case we shall be compelled to leave this place; wherefore I render my request to your honours that I may anywhere else be continued in the service of the company."2 Beekman having heard of the massacre at Esopus, learns from the savages that they at Altona belonging to the people of director-general may be molested by the runners. He says, " there are only ten or twelve musket-balls in the ma gazine, and no flints, which are so much more required, as most of the inhabitants have fowling-pieces ; all bread and corn nearly gone. I might engage four or five men as sol diers, at 16 guilders light money per month." "Andreas Hudde says he has asked you for his discharge, intending to reside in Maryland, and set up brewing, assisted by Henry Coursay." The Senecas are suspected of having murdered two Eng lishmen in their -house, in the upper part of Maryland."3 Lord Baltimore is expected at Altona, and Beekman in forms Stuyvesant that "here on the river, not a single draught of French wine is obtainable, and requests him to send some, to treat the nobleman with, and charge it to me." "Abelius Zetscoven, (or Schelshooven,) received an invita tion and calling by the Swedish congregation, under the ap probation of your honour, but the Rev. Laers opposed him self against him with all his influence, so that the commis saries were compelled to threaten him with a protest, before he could be persuaded to permit the Rev. Zetscoven to preach on second day of Whitsunday."4 He mentions the debut of Sheriff Van Sweringen, court, &c. The sheriff continues to act, and wear his sword in public. 1 Albany Records, vol. iv. p. 431 ; Letter from Directors in Holland to Peter Stuyvesant. 2 Ibid. ; Letter of W. Beekman to P. Stuyvesant. 3 Ibid. vol. xvii. p. 290. 4 Ibid. p. 286. PETER STUYVESANT, DIRECTOR-GENERAL. 349 " On the 9th, arrived at New Amstel, Lord Baltimore, with 1663. his suite, consisting of about 26 or 27 persons. On 11th ' ' — ' and 12th, I entertained his lordship at Altona, and the go vernor has it in contemplation, when he visits Boston in the August 15. spring, to take his passage by way of Manhattan. He desired Lord Baiti- me to thank you for your offer of convoy and horses." morear- " On 12th, at request of Sheriff Van Sweringen, appeared Treaty with several chiefs of the river savages, when the sheriff, without ^7iLnits. notice to us, renewed, together with the English governor and . council, a treaty of peace and friendship, which had been made with the savages about two years before, and endea voured, in that course, to define the limits, in conformity to the demands of his masters, when the answer was, they would communicate to Lord Baltimore. On the 9th, I re- Fast day: ceived your orders for a general fast and prayer-day, which we shall observe in conformity."1 In this month also, arrived a ship "from Holland, with Arrival new planters, ammunition, and implements of husbandry."2 l^ml' "I only heard, August 27, that the Esopus savages were September 1. now encamped at the head of this river, near the Minnesinks, Esopus. who, it is reported, united with them. On the 28th, I learned and ^™ at Keneses, that on the 24th there had been two of Esopus &c- all in camp. The Senecas will be assisted by the Maquas cay. against Minquas. The governor of Maryland lately assisted the Minquas with powder and balls, and two pieces of cannon, and four men to manage them. The fort wants repair ; also the palisades, and the whole is in decay, and soldiers will want clothing for winter. A. Hudde anxious for his dis charge. Evert Hendrickson is unruly."3 Peter Kock takes the oath of fidelity as collector of tolls Sept 9. on imports and exports from colony of city. The directors of the company having resolved to cede the sept 11. river to the city, thus give to Stuyvesant their views and motives : " Since the peace concluded between this government and that of England did effectually forbid the English to execute, > Albany Records, vol. xvii. p. 298. 2 Smith's N. Y. vol. i. p. 13. » Ibid. 2Q 350 A. D'HINOYOSSA AND W. BEEKMAN. 1663. by force of arms, their hostile intentions against the conquest ' — ' — ' of New Netherlands, which they had revealed long ago, we could discover, without a great effort, that they meditated Reasons for other expeditions in lieu of those which have been taken from derof&uth tteir bands by said peace, encroaching upon us from every River to side, by dint of colonies, even within these boundaries, which Fort Chris- could on no account be contemplated, as not belonging to the tma. conquests of the company. This daring enterprise, with other motives besides, made us resolve to make a cession of the South River to the city of Amsterdam, on such terms as are known to your honour, in the firm persuasion that said city should, by a numerous population, in such manner have overawed the English, that the interests of the company in New Netherland should have been placed in a state of perfect security. But when experience had revealed what was before concealed by ignorance, in the day-spring of similar import ant concerns, so have we agreed with the city of Amsterdam, after we had examined together on what time had instructed us, what was unavoidably required to promote the population on the South River, that we, besides the stipulations on which instructions we efitered before with said city, should transfer to it all our sant'tosur- right and title, as your honour may see from the enclosed render the extract of our resolutions of 8th and 16th February, and 30th July, and 3d and 9th of August, for conformity with them, we recommend your honour expressly, and command you, to transfer to shell one or them whom the city of Am sterdam shall have authorized, all the lands and places men tioned in the 1st, 8th, 9th and 10th articles, in such manner and on such terms as the cession has been made, and aban doning Fort Christina, all the ammunition of war, the guns, and all which belong to those, with other property of the company, with the garrison, must be removed from there." "Your honour will deliver to him or them all the letters, order to de- charters, and papers, which are in the secretary's office, with hver papers, ^Qor money; an^ &\\ faf, ^{^ may bear any relation to the colony on the South River, giving all which belongs to them, and keeping only what remains our property. In this man ner your honour shall execute our intentions, which the ser vice of the company have induced us to adopt." After speaking of debts and persons, to avoid their moving coionTsteinto from one colony to tne other> they say, " We, in conformity Manhattan, with our resolutions of the 3d and 9th August, require from PETER STUYVESANT, DIRECTOR-GENERAL. your honour, and by this letter command, to admit in future, not one of the colonists of the city, or of its labourers, ex cept they can show their pass, and prove by a certificate that the city has received payment of her advance money." He must consider private debts as personal matters ; begs him to settle, as soon as possible, the account between the colony and the city. Speaks of a brewery sold by city's director, D'Hinoyossa Alexander D'Hinoyossa, without any process, for half its sells brew" value, on behalf of one Meyndert Jansen Hoorn, to cover by "'" it a certain bond of late deceased J. Alricks and A. D'Hino yossa, which this city has declined receiving ; asks for infor mation about it. Encloses copy of oath to be taken by custom house officers.1 The directors in Amsterdam inform Stuyvesant of the Sept. 21. surrender of the river to the city. They refer to a letter of contract en- the 14th, informing "that we have entered into a contract f™*™*0 . _ . . . ° . for the sur- with this city, about our possessions on South River, adding renderoftho the reasons and motives which induced us to this step, viz. to ^mpa*nybe secure, in this manner, without any expense of the company, Reasons for the South River from the encroachments of our English 1 neighbours from the south, of whom nothing more favourable can be expected than from those of the north, who, notwith standing the alliance between the crown of England and this republic, are continuing in their usurpations, as your honour, in such significant terms, related in your last letter of May, soliciting, with eagerness, that we might procure a finale of the mutual boundaries, so that we, in answer to this, may well say, that it has been highly serviceable that we made .this cession of the whole river to the city, and recommend to her its protection and preservation, as able to effect, with more force and authority, to which she is obliged by the stipulations of the contract. It appears, too, that this city is willing to fulfil her engagements, while she, since that event, not only with more zeal, but with more vigour, exerts herself in watching her own interests in that distance, having resolved to transport to that country annually, 400 colonists, and other useful husbandmen, if a larger number is not obtained, which of course must contribute to our security against the English north. We may expect, besides this, a more powerful inter cession of this city by our government, to obtain from the crown of England the final settlement of the long-desired 1 Albany Records, vol. iv. pp. 433 — 436. 352 A. D'HINOYOSSA AND W. BEEKMAN. 1663. boundaries, for which we shall leave nothing unexplored, and ' — ¦ — ' communicate the result. While we renew our recommenda tion to maintain yourself in possession of territory which has been allotted to us by the provisional treaty, and to resist all new encroachments of our English neighbours, as in our power." "We must inform your honour that this cession of our views on the possessions on South River made some merchants who are tt^rivef trading to New Netherlands very uneasy, while they are ap prehending that the commerce of the Manhattans might be more diverted to another channel, because the city had re served to her alone the exclusive commerce of that river, which in our opinion has been principally intended that the ' vessels which she hired for the transport of the labourers and free colonists might not return with their cargoes, as she could not succeed in engaging any ships to undertake the voyage, except they were previously secured that they would obtain again their freight hither. Thus at least has been the case of the ' Parmeland Church,' which lately sailed to that colony, by which this city sends them a cargo of goods, to traffic for tobacco and fur." * * * "We recommend your honour to obtain information about the government and success of said colony, expecting from Gerrit Kock, who had been appointed, by city and company, custom-house officer on South River."1 By a postscript to this letter, it appears a communication for D'Hinoyossa accompanied it, " of importance ;" so it is probable he was returned from Holland. The directors in Holland say to Peter Stuyvesant, "We October 16. have been advised, some time ago, from Sweden, that Admiral swedishves- Hendrick Gerritson Leeselin was equipping there two vessels, expected.31 tne one tne frigate Falcon, of 32 guns, the other a yacht of 8 or 10 guns, of whose destination various rumours were there afloat. * * * Others guessed that their aim was in America or Nova Scotia, and so on the South River or New Netherland, to take it in their possession and cultivation again ; and although the latter has very little plausibility in it, however, while we are now informed from there that the said vessels have actually sailed, and it remains possible that they might have contemplated to venture an enterprise on the South River, after they have accomplished their plan of 1 Albany Records, vol. iv. p. 437. PETER STUYVESANT, DIRECTOR-GENERAL. 353 commerce with Guiana, so we have deemed it expedient to 1663. give your honour timely warning, without the ministers of the """^ city and colony on said river, may at an early period be ad monished to be on their guard."1 " Since our letter of 16th, we were informed that the two October so. Swedish vessels should, when arrived in the Sound, embark Swedish ex- there 200 or more soldiers, with the renewed report that their £editi°n- . ^ Directions destination was towards South River, wherefore we command respecting and recommend you, at the solicitations of the commissioners AltonB' and directors of the colony of this city in New Netherland, that all the guns which the company has in Fort Christina, otherwise called Altona, when that fort was surrendered, shall, for the present, and till you receive further orders, un der a formal handwriting and signed obligation to return them to the company whenever it is required, be delivered to the director of the city's colony there, so that the said colony be in a better state of defence, on an arrival of said Swedish vessels."2 " Abelius Zetscoven is, as I before informed your honour, Nov. 15. called as a minister by those of the Augsburg Confession who Rev. Mr. reside in the colony of New Amstel, with consent of the di- ^^"t rector and council of that colony, under the approbation of Tinnekonk, the high and respectful lords the burgomasters. He has, calle(1 during his residence there, been but once, the last Monday wanted as of Pentecost, in the district of the company, when he preached ter. won't at Tinnekonk, at the request of the Swedish commissaries, dismisshim tii t» from New when they offered such a salary as was received by the Rev. Amstel. Laers. Their chief object was to engage him as school- D™'' bap" master, but those of New Amstel would not dismiss him. What your honours have been informed that he too adminis ters baptism, is not true,3 so that in this I shall wait upon your honour's further orders." " I found myself obliged to dismiss Andreas Hudde, on Removaiand his continued entreaties and lamentations to move to Mary- H^cof A' land, on last of October. He started from here with his family, on the 1st of November, for Appoquinimy, and died there on the 4th, of an ardent fever." Thus ended the life of this long-tried and faithful servant of the Dutch. He ' Albany Records, vol. iv. p. 444. 2 Ibid. p. 447. ' Aerelius, p. 425, says, " A student, A. Selskoorn, came to the country, and some time performed divine worship at Sand-hook, went to New Amsterdam, and got a call from Stuyvesant; he never had charge of any congregation on South River, as a regularly ordained clergyman." 45 2«2 A. D'HINOYOSSA AND W. BEEKMAN. was, as early as 1642, appointed surveyor at Manhattan, from which station he was removed to South River, in 1645, as commissary at Fort Nassau, since which time he has been identified with the Dutch interests on this river, having con ducted almost all their negotiations, especially those with the Swedes under Governor Printz, of which we have already given a full report, made purchases of land, and been com mander at Altona ; in short, throughout the whole course of the Dutch, excepting a few of the later years, he has been one of the most prominent, useful men ; notwithstanding, he appears, in his old age, to have laid up little for himself, and becoming weary of his position, determines to remove to Maryland, and while on the road, is arrested by death, but a few. months before the Dutch power itself on the river ceases to exist. Garrison. The garrison at Altona yet consists of ten persons. savage cMef The savage chief, Erwehong, says he will undertake no- fnendiyto fa^ ao-ainst the Dutch.1 the Dutch. o o " D'Hinoyossa arrived from Holland, on 3d instant, in the December 5. ship ' Parmeland Church,' towards evening, with Peter Alricks Eeturnof and Israel, who departed with Miss Printz, and about 150 witt'i5Q)8Sa sou^s- The member of the high council came to inform me souls. that I need not send any soldiers on board ; that he would show me something from the lords directors ; of which letter I now send you a copy. It is said here that the whole South River is actually annexed to the colony." The following is the letter referred to from the directors of the West India Company to William Beekman : instructions " Honourable, devoted, beloved, faithful — Whereas we have man tnThe reso^'e(i to grant certain points to the commissaries and di- receivesfur- rector of the city's colony, which points will in due time be from°direc-3 communicated to you by the director-general and council in tor-generai. New Netherland, and the aforesaid commissaries carried with them our orders relative to those points, in the ship ' Parme land Church,' so we concluded further, and resolved, that the aforesaid commissaries might directly enjoy the benefits of the newly obtained conditions, to command you to remain quiet, and not to interfere in any manner in any concerns be fore intrusted to your superintendence, which have any' rela tion to the city's colony, till you shall have received your orders from the director-general and council, in conformity 1 Albany Records, vol. xvii. p. 300. PETER STUYVESANT, DIRECTOR-GENERAL. with/which orders you will have to regulate your conduct, and this we deem expedient for the service of the company. " Signed by directors of the privileged West India Com pany, department of Amsterdam. Jacobus Reynst, " Cornelis Cloeck."1 William Beekman writes to Peter Stuyvesant pitifully for December e. an office, as he cannot live here as a freeman and support his family, and don't wish to go to Maryland ; " take care of me as fathers."2 Agreeably to his instructions, Stuyvesant made the follow- Dec. 22. ing formal transfer of the South River to the city of Amsterdam : "Peter Stuyvesant, in behalf of their high and mighty Transfer of lords States- General of United Netherlands, and the lords SouthRiTer directors of the privileged West India Company, department sant to of Amsterdam, director-general of New Netherland, &c, with vm™?°m the honourable council, attest and declare how we this day, gomasters of in conformity to the orders and letters of aforesaid lords Am3teraam- directors, of 11th September, 1663, transported, surrendered and transferred to the honourable Alexander D'Hinoyossa, in behalf of the noble, great, and respectful lords burgomasters ¦ of the city of Amsterdam, director in their colony on the South River, from the sea upwards, so far as that river ex tends itself, towards the country to the east side, three miles from the borders of the river, and towards the west side, so far as the country is extending, till it reaches the English colonies, with all the streams, kills, creeks, harbours, bays, and parts relative to it, of all which land, with all its depen dencies, especially so of the fortress of Altona, we, in the name and in behalf of the aforesaid lords directors, make at this time a full cession and transfer to the aforesaid Alexan der D'Hinoyossa, on behalf of the noble, great, and respect ful burgomasters of the city of Amsterdam aforesaid, making to him a' cession of all actual and real possession, property, and privileges, and all this upon such conditions as have been agreed upon between the noble lords directors, and other noble, great, and respectful burgomasters of the city of Am sterdam, without reserving any actual or real pretensions, promising therefore to consider and keep this transfer invio late in truth ; wherefore we signed it, and confirmed it with 1 Albany Records, vol. xvii. pp. 309, 311. 2 Letter from William Beekman to Peter Stuyvesant. 356 A. D'HINOYOSSA. 1663. our seal in red wax imprinted, in the Fort Amsterdam, in *-*— New Netherland, 22d December, 1663."1 Not signed on the record. Beekman writes again to Peter Stuyvesant, that D'Hino- Dec. 28. yossa proposed, if he would stay at Altona, and take posses- D'Hino- sion of some agricultural land, he would provide five or six tow^Beek-1 men servants, which Beekman declines, as he can see no good man. from it, as in future no freeman would be permitted to trade tetrade^t either with the English or savages, and the tobacco and fur served to trade was entirely reserved for the city. It is said D'Hino yossa takes half profits of both trade and agriculture; thinks Labourers the valleys not so profitable as the woodland. Labourers who hired out. arrive(j jn July, per ship "Jacob," are hired to farmers, and engaged as soldiers at 110 gl., for rations, 6 gl. ; some also D'Hino- to cook and wash for them. D'Hinoyossa will take his future yossa's resi- residence on Appoquinimy, where he intends to build a capi- poquinimy. tal, to promote his trade with the English ; he resolved to capital; construct dykes around several valleys in that vicinity; trade j dykes. J J J * Beekman foresees that the savages will be much opposed to it. Peter Alricks is to superintend the fur trade, who brought with him for this purpose 200 pieces frieze, blankets, &c. Airicks and Alricks to trade at New Amstel, and with other members of New Amstei. council ; Israel at upper end of Passajongh, and another at Israel at Whorekill. D'Hinoyossa had engaged to load this vessel with tobacco or wheat, of which there is no prospect, owing to Distming dryness in Maryland. He, shortly after arrival, prohibits prohibited115 distilling and brewing in the colony, even for domestic use ; Tobacco and he means to extend it to the Swedes. All goods imported, recognition. and tobacco and furs exported, to pay recognition. Beekman has not seen or spoken to D'Hinoyossa, and wishes to live elsewhere.2 1664. King Charles II. determined, though not yet at war with s:arch22. the Dutch, to dispossess them of the settlements they had Kingcharies made on what the English claimed as their territories, and J disTc™ess t'lus Put an en^ to tne continual disputes which, as we have Dutch. seen, were occurring between them. As a first step towards Dukfo'f tte lt;> tne k^g! on the 12th March, 1664, granted to his brother York. James, duke of York and Albany, a patent, embracing " all that part of the main land of New England, beginning at a 1 Albany Records, vol. xxi. p. 445. 2 Ibid. vol. xvii. pp. 317, 318. PETER STUYVESANT, DIRECTOR-GENERAL. certain place called or known by the name of St. Croix, next adjoining to New Scotland, in America, and from thence ex tending along the sea-coast unto a certain place called Pemaquie, or Pemoquid, and so up the river thereof, to the Grant to the furthest head of the same, as it tendeth northward, and ex- Duke of tending from thence to the river of Kimbequin, and so up- tinned. wards by the shortest course, to the River Canada, northwards ; and also, all that island or islands commonly called by the several name or names of Meetewacks, or Long Island, situate and being towards the west of Cape Cod and the nar row Higansetts, abutting upon the main land between the two rivers, there called or known by the several names of Con necticut and Hudson's River; together also with the said river called Hudson's River, and all the land from the west side of Connecticut to the east side of Delaware Bay ; and also, all those several islands called or known by the names of Martin's Vineyard, or Nantukes, otherwise Nantucket ; together with all the lands, islands, soils, rivers, harbours, mines, minerals, quarries, woods, marshes, waters; lakes, fish ings, hawking, hunting, and fowling, and all other royalties^ &c. to the said islands, lands, and premises belonging and appertaining, with their and every of their appurtenances ; and all our estate, right, title, interest, benefit, advantage, claim, and demand, &c, to have and hold all and singular the said lands, &c. hereby given or granted, or hereinbefore mentioned to be given or granted, unto our dearest brother, James, duke of York, his heirs and assigns, for ever, &c. to be holden of us, our heirs and successors, as of our manor of East Greenwich, in our county of Kent, in free and common socage, and not in capita, nor by knight-service, yielding and rendering ;" duke consenting to pay, when demanded, forty beaver skins. "And we do further, of our special grace, certain knowledge, &c, for us, our heirs, &c. give and grant unto our said dearest brother, James, duke of York, his heirs, deputies, agents, commissioners, and assigns, by these pre sents, full and absolute power and authority to correct, punish, pardon, govern, and rule all such the subjects of us, our heirs and successors, &C."1 A commission was issued by King Charles II. , (he having May 6. been informed, by representations from New England, of Various evils requiring regulation,) to Col. Richard Nicholls, [ Smith's New York, vol. i. pp. 14, 15. 358 A- D'HINOYOSSA. 1664. Sir Robert Carre, knight, George Cartwright, Esq., and Sa- %~~" — ' muel Maverick, Esq., with extensive powers to visit the several colonies, " hear and receive, examine and determine all com- Commission plaints and appeals, in all matters, military, civil, and crimi- *nd ^'J,"0" nal, and proceed in all things for the providing for and settling choiis, Carre, the peace and security of the country, according to their dis- duce'iian- cretion and instructions." The 2d article of their instructions hattan. ig? a after all the ceremonies are performed, (with New Eng landers,) and in the first place, of all business, and before you enter upon any other particular, discourse at large, and with confidence, to them, all that we ourself have discoursed with you of reducing the Dutch in or near Long Island, or any where within the limits of our dominions, to an entire obe dience to our government. They will be easily informed of the consequence of such neighbourhood, if they be long suffered to raise a government of their own ; that besides their being a receptacle and sanctuary for all mutinous, sedi tious, and discontented persons who fly from our justice as malefactors, or who run away from their masters, or avoid paying their debts, or who have any other wicked design, as soon as they shall grow to any strength or power, their busi ness is to oppress their neighbours, and engross the whole trade to themselves, by how indirect, unlawful, or foul means soever ; witness their inhuman proceedings at Amboyna, in a time of full peace, and all professions of particular love and friendship, and therefore it is high time to put them out of a capacity of doing the same mischief there, and reducing them to the same rules and obedience with our own subjects there, which you are to let them know is all we aim at, with out using any other violence upon or towards them than is necessary to these ends, and that no man shall be disturbed or removed from what he possesseth, who will yield obedience to us, and live in the same subjection, and upon enjoying the same privileges with our other subjects ; and in order to this good end, of so great and immediate concernment to them, you shall desire their advice and concurrence, and that they will assist you with such a number of men, and all other things necessary thereunto ; and-you shall thereupon proceed in such a manner as you shall think it fit, either by building forts above them, or by using such force as cannot be avoided, for their reduction, they having no kind of right to hold what PETER STUYVESANT, DIRECTOR-GENERAL. 359 they are in possession of in our unquestionable territories, 1664. than that they are possessed of it by an invasion of us."1 ' — ¦ — ' A patent was issued by the Dutch governor at Delaware, D'Hinoyossa, to Swen (or Sven) Gondersen, Swen Swensen, May is. Oele Swensen, and Andries Swensen, for a pertain piece of Grant of land " lying up above in the river, then beginning at Moya- ^^ mensing's kill, and so stretching upwards, in breadth 400 rods, and in length into the woods, 600 rods, amounting in all to about 800 acres, or 400 morgens." This grant is after wards confirmed by the English governor, in 1671.2 " On the 5th ultimo, the Swedes and Finns were summoned July 2. to appear here at Altona, and appeared here, when we re- Beekman, signed our office, and were then, by the council of New Am- g^e^to' " stei,. as commissioners, informed, that, by your honour's give uP their intercession, I might keep possession of my present dwelling i™"*18, till spring ; and arrangements were made that within fourteen days the soldiers should give up their quarters, which shall be executed. " On the 9th, appeared here the Swedish deputies, and a swedes and great part of that and the Finnish nation. After they were J^™ ^m absolved, at their request and proposal, from the oath they former oaths had taken, to take a new oath, they were, on the 10th, at ™ tak^ne-if New Amstel, where they say we are now sold, so deliver us. ones or de- On the 8th, the oath was proposed to them in my presence, refuse; ai-7 by the directors and council, which they unanimously refused ; lowed eisM or they required previously, in writing, all such privileges of Siier; prefer free trade and others, as they before were favoured with, un- Manaatta11- der the company's administration, and without these they would be compelled to depart. Then eight days are allowed them to consult with the remainder, but then they must either take the oath or depart from here. I have been informed they prefer to reside under your government at Newesing, or the neighbourhood. D'Hinoyossa offered me my present re sidence, if I would cultivate the great farm in my vicinity."3 About this time Beekman took his departure from South Beekman River for Esopus, where he was appointed sheriff. His cor respondence, of which we have made such a liberal use, has come to a close. It has enabled us thus to supply a portion 1 Hazard's Hist. Coll. vol. ii. pp. 639, 640, where see the Commission and Instructions at length. 2 Recorded in Patent-Book A., vol. ix. p. 363, and Exemplification Record, vol. ii. pp. 548, 549. 3 Albany Records ; copied from J. W. B.'s book at New York. leaves South River. 360 1664. Close of his correspondence. July 3 4 4. Grant of N. Jersey by the Duke of York to Berkley and Carteret. A. D'HINOYOSSA. of our history for which we should have looked in vain else where. Beekman appears to have communicated to Stuyve sant, very freely and minutely, every circumstance as it occurred, and thus furnishes us with many details, which better illustrate the character of the men and the times than would have been exhibited in more formal official despatches. Some allowance must perhaps be made for excited feelings, arising from his connection with, and position in regard to D'Hinoyossa, with whom there appears to have been no very friendly intercourse, but of the merits of their controversy we are not prepared to form a fair judgment, as we have but one side of the story. Aerelius indeed says, " While the two colonies were kept up, Beekman had a share in the adminisr tration, but he was little considered. This made him envious of D'Hinoyossa, whom he aspersed in frequent letters to Stuyvesant." It is certain, however, he supported some of his charges by evidence, and on leaving the river, was re warded at Manhattan by an office, in which he continued several years under the English government, and afterwards was alderman at New York. He died in New York, in 1707, aged 85, leaving numerous and highly respected descendants, many of whom are to be found at the present day ; a daugh ter of his married a son of Stuyvesant.1 Not long after the grant to the Duke of York, and before he had actually received possession of the territory given him, he, by deeds of lease and release, conveyed a portion of it to Lord Berkley and Sir George Carteret, viz. "all that tract of land adjacent to New England, and lying and being to the west of Long Island, bounded on the east part by the main sea, and part by Hudson's River, and hath on the west Delaware Bay or River, and extendeth southward to the main ocean, as far as Cape May, at the mouth of Delaware Bay, and to northward as far as the northernmost branch of said bay or river of Delaware, which is in 41° 40' of latitude, and worketh over thence in a straight line to Hudson's River ; ~ which said tract of land is hereafter to be called by the name or names of Nova Caesarea, or New Jersey." Thus New Netherlands became divided into New York and New Jersey.2 About this time a memorial, presented by the Swedish re sident to their High Mightinesses, in support of the right of the Swedish crown to New Sweden, in which a short review O'Call. vol. ii. p. 473. 2 Smith's N. J. Proud. PETER STUYVESANT, DIRECTOR-GENERAL. 361 of the facts is taken, and claiming satisfaction from the West 1664. India Company. The question was not finally settled for ' — ¦ — ' several years.1 Under their instructions, Colonel Nicholls and the other commissioners set sail from Portsmouth, England, with the frigate Guinea and three other vessels, having on board 300 Soldiers, and a large number of men. After having been separated at sea, one frigate arrived first, and in three days the others made their appearance, in the latter end of August, much to the surprise of the Dutch, although they had, through an Englishman, some intimations of their intended departure. On their arrival, the English issued a proclamation,2 offer ing protection to those who would submit to his majesty's government. On the 19th August, Governor Stuyvesant August w. wrote to the commanders, by the hands of several distin guished citizens, inquiring the object of their arrival and continuance, in the harbour, without giving notice of their de sign, as he ought to have done, which was fully communicated the next day in a letter to the Dutch governor, by Colonel Nicholls, (but this being unsigned, for which he apologized,8) requiring a surrender of the forts, &c«, and expecting an answer by the bearers, Colonel Carteret, &c. The governor, in a short note, promised an answer next morning. Accord- August 30. ingly, the governor, after convening and consulting the coun cil and burgomasters, without exhibiting the summons, and a letter from Governor Winthrop, advising the surrender, which he tore in pieces, determined to make a defence, and wrote a long letter to Nicholls, giving an historical account of the Dutch claim, which he concludes thus: "As touching the September 2. threats in your conclusion, we have nothing to answer, only that we fear nothing, but what God, (who is as just as mer ciful,) shall lay upon us, all things being in His gracious disposal, and we may as well be preserved by him with small forces as by a great army, which makes us to wish you all happiness and prosperity, and recommend you to His pro tection."4 Finding from the letter of Stuyvesant, that he was resolved September a. to " maintain his right and title to the fort," Colonel Nicholls 1 Airzema in O'Call. vol. ii. p. 573. 8 See it in Smith's N. J. p. 36. Smith's N. Y. vol. i. p. 25. 3 See Keg. Penns. vol. iv. p. 31. 4 See these various Letters in Reg. Penns. vol. iv. pp. 31, 41. Smith s N. Y. ¦vol. i. pp. 18—24, 46 2H 362 A- D'HINOYOSSA. 1664. issues his order to Captain Hyde, of the " Guinea," " to pro- ' — ' — ' secute his majesty's claim by all waya and means he may think expedient, for a speedy reduction of the Dutch to obe- Septembers. dience."1 This, and the pressure of an English ship into the Negotiations service, induced the governor to think more seriously of the Nfchoiis and matter, and to write to the colonel, saying, that finding by stuyvesant. his deputies, "you persist on the summons, though by his orders he is obliged to defend the place, however, that he makes no doubt, that upon said assault, and our defence, there will be a great deal of blood spilled, and greater difficulty may arise." He sends several persons, "to the end of pro viding some means to hinder and prevent the spilling of inno cent blood ;" asks him to appoint a time and place " to treat, and seek out the means of a good accommodation." Nicholls thinking it more agreeable to his king's wishes " to avoid the effusion of Christian blood," but insisting upon his first sum-. mons for surrender, and supposing that the governor intends to do so, wishes health and prosperity to every inhabitant. Nicholls, "to prevent the effusion of blood," appoints com- September3. missioners to meet those of the Dutch, on the next day, August 27, when articles were drawn up and signed by com missioners of both sides, and on the 8th, were ratified by Stuyvesant; the limits of both parties to be fixed by the crown and States-General.2 New Amsterdam was thenceforward named New York. Affairs being arranged at New Amsterdam, (now New Sept. 13. York,) the commissioners next turned their attention to the Delaware, and a commission was issued by the other three commissioners, to Sir Robert Carre, as follows : "Whereas we are informed that the Dutch have seated commission themselves at Delaware Bay, on his majesty of Great Britain's carretopr^ territories, without his knowledge and consent, and that they ceedto, and have fortified themselves there, and drawn a great trade ware# thither, and being assured that if they be permitted to go on, the gaining of this place will be of small advantage to his majesty, we his majesty's commissioners, by virtue of his ma jesty's commission and instructions to us given, have advised and determined to bring that place, and all strangers there-1 about, in obedience to his majesty, and by these do order and appoint that his majesty's frigates, the ' Guinea,' and the ' William and Nicholas,' and all the soldiery which are not in 1 Reg. Penns. vol. iv. p. 43. 2 Smith's N. Y. vol. i. p. 25. DEPUTY-GOVERNOR RICHARD NICHOLLS. 363 the fort, shall, with what speed they conveniently can, go 1664. thither under the command of Sir Robert Carre, to reduce ' — ¦ — ' the same, willing and commanding all officers, at sea and land, and all soldiers, to obey the said Robert Carre during this expedition. Given under our hands and seals, at the fort in New York, upon the island of Manhattans, 3d day of Sep tember, 1664. Signed, R. Nicholls, " G. Cartwright, " S. Maverick."1 Sir Robert was instructed, when he comes near the Dutch His instruc- fort, to send his boat on shore, to summon the governor and Hons" inhabitants to yield obedience to his majesty, as the rightful sovereign of that tract of land, and let them know " that all the planters shall enjoy their farms, houses, lands, goods, and chattels, with the same privileges, and on the same terms upon which they do now possess them, only that they change their masters, whether they be the West India Company or the city of Amsterdam. To the Swedes you shall remonstrate' their happy return under a monarchical government, and his majesty's good inclination to that nation, and to all men who shall comply with his majesty's rights and title in Delaware, without force of arms." That all cannon, arms, and ammunition belonging to the government shall remain to his majesty. Future trading to be regulated by rules of parliament ; right of conscience to be guarantied ; for six months, all the present magistrates to continue in office, taking oath of alle giance; and their acts to be in his majesty's name. If Sir Robert finds he cannot reduce the place by force, nor upon these conditions, he may add such as he finds neces sary, but if both fail, he is, by a messenger to the governor of Maryland, to ask aid. After reducing the place, his first care is " to protect the inhabitants from injuries as well as violence, from the soldiers, which may be easily effected, if you settle a course for weekly or daily provisions, by agree ment with the inhabitants, to be satisfied to them either out of the profits, customs, or rents belonging to their present master, or, in case of necessity, from hence." The laws for the present to remain, as to administration of right and justice. He is to declare to Lord Baltimore's son, and all the Eng- 1 Reg. Penns. vol. i. p. 36, from A. P. S. MSS. and N. Y. Records. 364 CHARLES II.— JAMES, DUKE OF YORK. 1664. lish concerned in Maryland, that this great expense to his ' — ' — ' majesty, in ships and soldiers, has been incurred solely for the purpose of reducing foreigners in these parts to his ma- instructions jesty's obedience, but that being reduced at his majesty's Carre Eol5ert exPense> ne 1S commanded to hold "possession for his ma jesty's own behoof and right, and that he is willing to unite with the governor of Maryland on his majesty's interests, on all occasions, and if my Lord Baltimore doth pretend right thereto by his patent, (which is a doubtful case,) you are to say that you only keep possession till his majesty is informed and otherwise satisfied." In other things, Sir Robert is left to his discretion, and the best advice he can get in the place.1 In compliance with his orders, Sir Robert proceeded to the October 11.* Delaware, and commenced his operations, which are related by himself to Colonel Nicholls, in detail, a few days after. The result was a capitulation, when the following " Articles of Agreement" were entered into "between the honourable Sir R. Carre, knight, on behalf of his majesty of Great Bri tain, and the burgomasters, in behalf of themselves and all the Dutch and Swedes inhabiting on Delaware Bay and River. " 1. That all the burghers and planters will submit them- Artioies of selves to his majesty's authority, without making any resist- capitulation. ance_ " 2. That whoever, of what nation soever, doth submit to his majesty's authority, shall be protected in their estates, real and personal, whatsoever, by his majesty's laws and justice. " 3. That the present magistrates shall be continued in their offices and jurisdictions, to exercise their civil powers as formerly. " 4. That if any Dutchman or other person shall desire to depart from this river, that it is lawful for him so to do within six months after the date of these articles. " 5. That the magistrates and all the inhabitants, (who are included in these articles,) shall take the oath of allegiance to his majesty, and of fidelity to the present governor. " 6. That all the people shall enjoy the liberty of their conscience in church discipline, as formerly. " 7. That whoever shall take the oath, is from that time a free denizen, and shall enjoy all the privileges of trading into 1 Reg. Penns. vol. i. p. 37, from A. P. S. MSS. and N. Y. Records ; see them at length. v DEPUTY-GOVERNOR RICHARD NICHOLLS. 365 any of his majesty's dominions, as freely as any Englishman, 1664. and may require a certificate for so doing. ' — ¦ — ' "8. That the schout, the burgomaster, sheriff, and other inferior magistrates, shall use and exercise their customary Articles of power in administration of justice within their precincts, for ^^aon' six months, or until his majesty's pleasure is further known." The Oath. — " I do swear by the Almighty God, that I will bear faith and allegiance to his majesty of Great Britain, and that I will obey all such commands as I shall receive from the, governor, deputy governor, or other officers appointed by his majesty's authority, so long as I live within these or any other of his majesty's territories. " Given under my hand and seal, this, first day of October, in the year of our Lord God, 1664. Robert Carre. " Given under our hands and seals, in behalf of ourselves and the rest of the inhabitants, the first day of October, in the year of our Lord God, 1664. " Fob Out Hout, Hans Block, " Henry Johnson, Lucas Peterson, " Gerrit S. Van Tiell, Henry Casturier." Thus terminated the Dutch power on the Delaware, except for a short period in 1672, and thus was more speedily ac complished than was anticipated when it was made, the pre diction that " this river will be settled by the English and Swedes." Thus terminated the Dutch government over all New Netherlands, they becoming subject to the English crown, thereby fulfilling the prediction made by the Dutch a few years previously. From this date to the present time, with the exception of a short period, the country was entirely lost to the Dutch. In all the quarrels between the Dutch and Swedes, whose history, jointly and separately, we have traced, during a period of about forty years, no blood was shed ; it remained for the English to stain the soil with it. But little progress had thus far been made towards the settlement of the country, which it remained for the English also to ac complish.1 ' ¦> Sir Robert Carre communicates, in a letter of this date to October 23. Colonel Nicholls, an account of his proceeding at New Castle, in its capture from the Dutch, (October 13 :) " Honourable sir— After a long and troublesome passage, ' Reg Penns. vol. i. p. 37, from A. P. S.MSS. of N. Y. Records. 2h2 hostile. CHARLES IL— JAMES, DUKE OF YORK. prolonged by the ignorance of the pilot's and the shoalness of the water, we arrived the last day of September, at Dela ware, passing by the fort without notice each of the others, coi. Carre's the better to satisfy the Swedes, who, notwithstanding the coi°mchoUs Dutch persuasions to the contrary, were soon our friends. of his at- Afterwards I had a parley with the Dutch burghers and go- forfatNew vernor ; the burghers and townsmen, after almost three days' castie. parley, consented to my demands, but the governor and sol- kiiied; piun- diery altogether refused my propositions ; whereupon I landed der. condi- my soldiers, on Sunday morning following, and commanded tion of fort. i ¦» . « ,, i , n , o • l ¦ i l The Indians the ships to fall down before the fort, within musket shot, with directions to fire two broadsides apiece upon the fort ; then my soldiers to fall on ; which done, the soldiers never stop ping until they stormed the fort, and so, consequently, to plundering; the seamen, no less given to that sport, were quickly within, and have gotten good store of booty, so that in such a noise and confusion, no word of command could be heard for some time ; but for as many goods as I could pre serve, I still keep entire. The loss on our part was none ; the Dutch had ten wounded and three killed. The fort is not tenable, although 14 guns, and without a great charge, which inevitably must be expended, there will be no staying, we not being able to keep it ; therefore what I have or can get, shall be laid out upon the strengthening of the fort. Within these two days, Ensign Stock fell sick, so that I could not send him to you, to particularize all things, but on his recovery I will send him to you. If Providence had not so ruled that we had not come in as we did, we had been necessitated to quit the place in less than a month, there being nothing to be had but what must be purchased from other places, with trade of good account, of which, for the present, we have to satisfy our wants. I have already sent into Maryland some negroes which did belong to the late governor, at his plantation above, for beef, pork, corn, and salt, and for some other small con veniences, which this place affordeth not. The cause of my not sending all this time to give notice of our success, was the falling of the Indians from their former civility, they abusing messengers that travel by land, since our arrival here, though no ways incensed by us, but exasperated by some Dutch and their own inclinations, that eighty of them came from the other side, where they inhabit, and so strong they are there, that no Christian yet dare venture to plant on that DEPUTY GOVERNOR RICHARD NICHOLLS. side, which belongs to the Duke of York. They stayed here three nights ; we used them civilly, they pretending they .came to settle, but since are returned without doing any hurt. We beg your endeavours to assist us in the reconciliation of the Indians called Synekers (Senecas) at the Fort Ferrania, and the Tuscheroras (Tuscororas) here, they coming and doing violence both to heathen and Christians, and leave these Indians to be blamed for it, insomuch that within less than six weeks several murders have been committed and done by their people upon the Dutch and Swedes here. Let me beg the favour of you to send Mr. Allinson and Thompson, the one for the edifying of the fort, the other to fix our arms, there being not any but was broke or unfixed. Your honour shall have a further account by the next, until which time, and ever after, I remain your faithful and obliged servant, Robert Carre. "Delaware Fort, October 13, 1664."1 Complaint is made by the West India Company to the October 25, States-General, " of the intolerable violences committed compiaintof against said company by the English nation in New Nether- ^, En„_ land and other parts, viz. that the ships and armed force sent ush, tor cap- by the Duke of York from Old England had taken the town £££££ of New Amsterdam, tranquilly and quietly possessed by this republic since fifty years, which event took place 27th August last ; that they had conquered the whole province of New Netherland, and subjected it to the English dominion, giving it the name of New York," and pray "that these violences should be considered according to their importance," &c. The memorial was referred to the committee on English affairs.2 After the reduction of the country by Sir Robert Carre, November 3. Colonel Nicholls himself was commissioned by the two other , commissioners to proceed to the Delaware, "to take special care for the good government of the said place, and to depute. such officer or officers therein as he shall think fit, for the management of his majesty's affairs, both civil and military, until his majesty's pleasure be further known."3 The name of New Castle is now given to what was before ^eAmstei called New Amstel. changed to New Castle. 1 London Doc. vol. i. p. 204. = Miller MSS. in possession of N. Y. Hist. Soe. 3 See Commission, in Reg. Penns. vol. i. p. 37, from N. Y. Records and MSS. A. P. S. CHARLES II.— JAMES, DUKE OF YORK. Thus were the English placed completely in possession of all that the Dutch formerly held on the Delaware. We have minutely traced the Dutch and Swedes in their various move ments, from their first settlement here to their extermination for ever, (except for a short period,) from the river, and have seen that owing to petty feuds and jealousies between the two nations, but slow progress had been made towards the settlement and improvement of the country, yet all tending to prepare the way to effect the great revolution which has produced a uniformity of language, and customs, and institu tions, and rendered these shores the happy abode of so many millions. The principal actors in the past events probably withdrew ; D'Hinoyossa, it is said, applied to the English for an office, in which expectation being unsuccessful, he event ually returned to Holland, and entered the Dutch army, where he served in the war between Louis XIV. and the Re public, and was one of the garrison of a fortress which sur rendered to the French ;¦ after which, it is said, he ended his days in Holland,1 as did probably many of the early Dutch settlers. The Swedes, as we know, more generally remained behind ; the remnants of both nations becoming so blended as to constitute one people, with their successors scarcely at the present day to be traceable. Henceforth the country is governed by governors under the Duke of York. Governor Nicholls grants a license to Elizabeth Cousterier, Novembers, to transport herself and goods to Delaware Bay, there to trade.2 Colonel Nicholls certifies that Captain Carre has received Powder and from his majesty's ship, the "Guinea," a flag and sea com- ptndedCar' Pass> at Delaware Bay, and that Captain Thomas Morley Delaware, being employed by him at Delaware Bay, with his ship "William and Nicholas," had received from Captain Hyde, of the " Guinea," two barrels of powder, and twenty iron shot, which were spent at the reduction of the fort at Dela ware, and asks credit to be given in the gunner's account. The commissioners also order the " Guinea," Captain Hyde, to sail directly for Portsmouth, England, with despatches. 1 London Does. vol. i. p. 232. O'Call. vol. ii. p. 554. 2 N. Y. Records, Breviat. DEPUTY GOVERNOR RICHARD NICHOLLS. 359 1665. In consideration of the good services of Captain John Carre, in storming and reducing the fort at Delaware, Go- jUne3o. vernor Nicholls grants him " all the lands, houses, and estate, . confiscation real or personal, which is or shall be found to have been ofestate", really and truly in possession of, or appertaining to Gerrit tTcarTand Van Sweringen, at the time when said fort was reduced by Tom- force to his majesty's obedience, it being sufficiently known that he was then schout, in hostility against his majesty, for which reason all his estate stands confiscated."1 The estate of Peter Alricks was at the same time confis cated, for his hostility to his majesty, and granted to William Tom, for his good -services at Delaware.2 Governor Nicholls grants license of alienation to Jacob Juiyi5. Vis, to sell his estate, consisting of house and garden, at or Licenses to near New Castle, to any person living within this government.3 sel1 real es- Philip Carteret having been commissioned governor of New August. Jersey, arrives with a number of planters. Governor Governor Nicholls, by his license, grants leave to Peter rives. Alricks to trade or traffic with the Indians in and about Nov. 21. Whorekill, for skins, peltry, &c, the said Alricks making due special Pri- entry with the officers at Delaware, of the quantity or quality Ajre?ekssto p- of such commodities as he shall trade for. Also, with his servant and six horses, to pass from New York to Delaware, and from thence info Maryland, and so to return, "about his occasion."4 1666. A certain piece of land on Christina kill, heretofore in March 3. tenure of Joost Rugger, the miller, deceased, was, by the Grant of officers at Delaware, who were empowered by Nicholls's com- land' mission to dispose of implanted land there for the best advan tage of the inhabitants, granted unto Hans Bones ; the same is confirmed to him in 1668, he paying'to his majesty two bushels of wheat as a quit-rent.5 (February 21.) » Governor Nicholls issues orders to collectors and receivers March 30. of customs, and notices the necessity of granting some tem- order re- porary privileges for encouragement of trade between New °?eot "'" "" ties on Dela ware. 1 Delaware Records, in Del. Reg. vol. i. p. 175. 2 Ibid. 3 N. Y. Records, Breviat, p. 38. 1 Breviat, p. 38. 5 MSS. in Reg. Penns. vol. iv. p. 75. 47 specting pa tents. 370 CHARLES II.— JAMES, DUKE OF YORK. 1666. York and Delaware, and that the tenths of all sorts of goods, ' ' — ' liquors, or peltry, &c, by former practice and order, had been collected and paid in or at the aforesaid port, or in Delaware River ; now he orders that (until further orders) no sort of liquors, goods, or peltry, shall be liable to pay any custom, either in New York or Delaware River, provided that due entry and certificate be made and given of all such goods transported to or from those places. A general order was issued at New York, by the Court of order re- Assizes, that all persons who held old patents should bring them in to be renewed, and those who had none should be supplied, by a certain time ; and more especially those who had been under the Dutch, and are now under his majesty, the inhabitants in and about Delaware being under this go- juiyii. vernment are therein concerned. This was renewed in 1669, under penalty.1 1667. Nicholls, " in consideration of the good services of Captain January ii. John Carre, in storming and reducing Fort Delaware, grants Grant to to him a piece or parcel of meadow, valley, or marsh ground, arre' on the Delaware, near the fort, about 150 acres," having lately been in tenure of A. D'Hinoyossa, then governor, it being sufficiently well known that he was in hostility against his majesty, for which reason all his estate stands confiscated. Quit-rent to his majesty, \\ bushels wheat. A certain island in the Delaware, called Swarton Natton, Several containing about 300 acres, bounded on north by Christina kill, and on the west by a little creek, is granted to Thomas Woolaston, James Crawford, Herman Otto, and Gerard Otto; quit-rent, 3 bushels wheat. This island " having been here tofore granted by A. D'Hinoyossa, late governor there, to some persons who have since appeared in hostility, whereby it is forfeited, and remained in his majesty's disposal."2 May. . Governor Nicholls is succeeded by Colonel Francis Love- Ucl L°Te" LACE> 'whose administration now commences. The war between the English and Dutch was concluded by July 31. the treaty of Breda, by which either party was to retain all property in their possession prior to 10th May last, but any thing taken after the 10th May shall be restored, in the same 1 Breviat, p. 39. 2 Reg. Penns. vol. iv. p. 74. grants. DEPUTY GOVERNOR FRANCIS LOVELACE. 371 condition as they are when the knowledge of the peace 1667. reaches the places. * ' — <~~ ' This year was erected the Swedish church at Crane Hook, about one and a half miles from Fort Christina, on the south church at side of the creek, in which both the Dutch and Swedes assem- £™JJ° Hook bled for worship. The church early built in the fort had served them for about twelve years. The church now erected was a 'wooden one ; no vestige of it or the grave-yard at present remains ; an orchard now occupies their place. For several years, the Rev. Mr. Lock officiated as minister of this and the church at Tinnicum.1 1668. The governor and council gave the following directions for May 1. the better government of Delaware : " It is necessary, to hold up the name and countenance, of Garrison. a garrison, with 20 men and one commissioned officer, " That the commissioned officers shall provide all sorts of provisions, provisions for the whole garrison, at the rate of 5d. per day, viz. wholesome bread, beer, pork, peas, or beef, that no just complaint be made of either. That the soldiers, (so far as conveniently may be,) be lodged in the fort, and keep the stockades up in defence. That the civil government in, the respective plantations be continued till further orders. " That to prevent all abuses or oppositions in civil matters, a court for so often as complaint is made, the commissioned officer, Cap- CITUaffiurs- tain Carre, shall call the schout, with Hans Block, Israel Helm, Peter Rambo, Peter Cock, Peter Alricks, or any two of them, as counsellors, to advise, hear, and determine, by ¦ the major vote, what is just, equitable, and necessary in the case and cases in question. " That the same persons also, or any two or more of them, be called to advise and direct what is best to be done in all cases of difficulty which may arise from the Indians, who must obey and attend their summons upon such occasion. " That two-thirds at least of the soldiers remain in and soidierstobe about New Castle at all hours. N^Ck " That the fines or premunires and light offences be executed Fines, &c. to with moderation, though it is also necessary that ill men be be moderate- punished in an exemplary manner. " That the commissioned officer, Captain Carre, in the de- Casting vote. > Ferris, p. 145—147. Clay. 372 CHARLES II. —JAMES, DUKE OF YORK. 1668. termination of the chief civil affairs, whereunto the temporary ' — ¦ — ' before-mentioned counsellors are ordained, shall have a cast ing voice, where votes are equal. " That the new appointed counsellors are to take the oaths oaths. to his royal highness. " That the laws of the government established by his royal English laws highness, be showed and frequently communicated to the to govern. sai " That in all matters of difficulty and importance, you Appeal to must have recourse, by way of appeal, to the governor and New York. council at New York."1 (April 21.) An official letter to Carre alludes to a former one relating June is. to the Indians who murdered the servants of Mr. Tom and Indians do- Peter Alricks. They are informed by one Rambo, that the sire prohiw- in(jians [Q those parts desire there should be an absolute pro- tion of sale ... A . x of rami hibition on the whole river, of selling strong liquors to the Indians ; Carre is therefore to unite with those in the manage ment of civil affairs, and with their advice give the neces sary orders for the good government of Christians and Indians, and what they do shall be confirmed.2 A certificate states, that at the taking of fort and town of July 17. Delaware from the Dutch, and reducing it to his majesty, all confiscation the goods and servants taken or seized in said town and fort, ofpioperty. kei0I1ging to city of Amsterdam, or their officers, were con fiscated and made free plunder, and so disposed of accord ingly; and there being several negroes taken away from Peter Alricks, who fell into the hands of Ensign Arthur Stock, he afterwards freely restored and bestowed 11 negroes on said Alricks as a gift, which was allowed and approved of.3 Grants of land made to John Hendricks, Niels Nielson, July is. jun., Hendrick Nielson, Mathys Nielson, and Niels Nielson, Grantsof March 5, 1663, and 15th June, 1664, are confirmed to them at New Castle, by Governor Lovelace ; each to have a plan tation, situate in the Verdrietige Hoeck, extending to Stone 1 Smith's N J. p. 52. Reg. Penns. vol. i. p. 37. 38. 2 Breviat, N. Y. Records, p. 38. 3 Ibid. DEPUTY GOVERNOR FRANCIS LOVELACE. kill, acknowledgment, 5 bushels of wheat.1 Also a confir mation of a grant to Captain John Carre, of 50 and 100 acres, "land and bowery," on first corner above the fort. A certificate that William Tom came over with the certi- Augusta?. fier in his majesty's service, and had ever since been in win. Tom office, and for two years last past commissary at Delaware ; ^ ^dis" and having behaved well, asks for a discharge, which was granted. An order to Captain John Carre, " reciting that an agree- Dec. is. ment had been made with Peter Alricks about Mattinicum, Carr.s or alias Carr's Island, in Delaware, and all the stock, goods, Mattinicum and other materials thereon, heretofore in your care and cus- ' tody, therefore requiring immediately to make a surrender of said island to Alricks or his assigns, and return a true inven tory of all goods, &c. which were delivered you there by Sir Robert Carre."2 1669. Governor Lovelace having last year granted to the Lu- March 2. therans, in New York, liberty to send to Europe for a minis- Lutherans ter, they accordingly sent, and on 20th February, 1669, ta0u*°ff^ a Rev. Mr. Jacobus Fabricius arrived there. The governor minister. issued his proclamation, declaring that said Fabricius has rives^'soes' lea.ve to exercise the office of pastor, and that he be protected to Albany; in it as long as he and the people behave orderly, and as long ^^^^ as his royal highness shall not order otherwise. In April, he had a pass to go to Albany ; while there he behaves ill, op- April. poses the magistrates, and imposes a fine of 1000 rix-dollars on the person of Helmar Often, for complying with the ma gistrates in the consummation of a marriage with Adriantze Arentz, his wife, according to the law of the land. On this offence, Governor Lovelace orders him to be suspended from his functions in Albany, until his friends intercede, and the magistrates there are willing he should be restored ; but he was allowed to preach in New York.3 Governor Lovelace confirms a license of alienation granted April 2. by the late Governor Nicholls unto William Beekman, to sell a house and lot at Delaware. Another to Jurien Jans, for land on a neck above New April 13. > N. Y. Records, in Breviat, p. 38. 2 Breviat. This island is near Burlington, and not Tinnicum, before men tioned. 3 Albany Records. Miller's MSS. in N. Y. Hist. Soe. Library. 21 374 CHARLES II. —JAMES, DUKE OF YORK. May 31. Lovelace'sorder about lands under Dutch te nure. August 12. Wm. Tom appointedcollector of quit-rents. 1669. Castle, containing 46 acres; quit-rent, one bushel of ' ' ' wheat. Also, several others, beyond Christina kill, near Horse April u. Neck, called Paerd Hook, or Haymakers' Hook, in New Cas tle, near Upland ; to Bernard Eken, a house and lot in New Castle, bounded west with church-yard, and north with the mart, Crane Hook.1 Governor Lovelace issues an order to those on Delaware, as well as elsewhere, who held the lands by patent or ground- brief of Dutch tenure, and those who have none, with all convenient speed, to apply with or for them, or be liable to penalty by law. There was an order to this effect made by the court of general assizes in 1666.2 William Tom is appointed collector of quit-rents, which were imposed on all persons on Delaware who have taken out patents, and hold the lands under his majesty's ordinance,, but who, neglecting the duty, suppose they are exempt, which would be very unjust and unreasonable ; and from all others who have no patents, and hold lands there, so much as will at least be proportionable with the rest, for taking out of whose patents there is notice given in another ordinance.3 Governor Lovelace, at the request of William Tom, grants that the Finns or others removing at or about Delaware, may have an enlargement of their bounds, for which they desire to take up some lands at Apoquinimy, lying and being within the government, for the good and welfare of the inhabitants, and encouragement to them, on condition that in some con venient time, a draft be taken of said land, and a return be made, to him, together with its extent, whereon those who settle shall have patents for their confirmation.* Permission was also, on request of William Tom, granted to " some families from Maryland, to come and settle upon the kill below Apoquinimy, within the government, to the end the said place may be inhabited and manured, it tending likewise to the increase of the inhabitants."5 An order is issued, permitting William Tom to tak'e up, kill, or mark wild hogs, in the woods near his land.8 The following order was directed by the governor to the Finns and others have grant of lands on Ap oquinimy. Familiesfrom Mary land wish to settle below Apoquinimy. August 12. > Breviat, p. 39. 2 Albany Records; Orders, &c., Minutes of Council, vol. ii. p. 234. s Ibid. p. 268, 269. 4 Ibid. p. 267. 5 Ibid. 6 Breviat, p. 39. DEPUTY GOVERNOR FRANCIS LOVELACE. officers on Delaware, for the apprehension of a rebellious Swede, who created much excitement : " Whereas I am given to understand that there is a certain Swede at Delaware, who gives himself out to be son of Con- order of go- ingsmark, heretofore one of the king of Sweden's generals, TCrnorto>u> and goes up and down from one place to another, frequently coieman7 raising speeches, very seditious and false, tending to the dis- co"™°'ea , r> i • ¦ » "with "Long turbance ot his maj esty -s peace and the laws of the govern- Finn," or ment in such cases provided, to whom is associated one Henry m^l^tem3 Coleman, one of the Finns, and an inhabitant at Delaware, who hath left his habitation, cattle, and corn, without any care taken for them, to run after the other person ; and it being suspected that said Coleman, being well versed in the Indian languages, amongst whom both he and the other keep, may watch some opportunity to do mischief to his neighbours, by killing their cattle, if not worse; whereupon we have already, according to your duty, set forth your warrant to apprehend him, but he cannot yet be met withal. These pre sents are to order, empower, and appoint you to set forth a proclamation in my name, that if the said Henry Coleman do not come in to you, and surrender himself up to answer to what shall be objected against him, within the space of fifteen days after divulging the same, that then you cause all the estate belonging to him within this government, to be seized upon and secured to his majesty's use, of which you are to send me an account with the first opportunity. Given under my hand and seal, at Fort James, in New York, 2d August, 1669.1 One Outhouse's goods were attached in New York, but Aug.i3&i6. permitted to be transported to Delaware, to be deposited till debt be paid; the court, contrary to governor's orders, release them, and give longer time for payment. Governor requires court to secure all charges, &c. out of debtor's estate ; if they cannot, the court themselves are to make it good.2 Letters were received from Captain Carre by the council, sept. 24. informing " that an insurrection was very much feared on Delaware ; .that the chief was in hold, and that several depo sitions had been taken:" the following order was passed by the council : " That a letter of thanks be sent to the officers there for insurrection their great care. Tbat the " Long Finn," in hold and in irons, fearei1' 1 Albany Records; Orders, &o. vol. ii. p. 266. * Breviat, p. 59. CHARLES II.— JAMES, DUKE OF YORK. be kept still in safe custody, in like manner as he is, until the governor, or some person commissioned from him, shall go over to examine into, and try the matter of fact, which is of chief taken, so heinous and high a nature. andinpri- « That all persons who have had a hand in the plot be son. Thanks r . ' r totheotE- bound over and enjoined to give security to answer their misdemeanours, and account be taken of their estates in the mean time."1 Sept. 25. The next day, Governor Lovelace writes to Captain Carre, the schout, and the commissaries at New Castle : " That he had received their letters and packets of 8th Sep- LetterofGo- tember, in which were enclosed three other copies, two of them ^cTrespect" SUDScrfoed by Coningsmark, the other by Armgart Printz; ing Long as also affidavits of several persons about the late insurrection ^ * occasioned by the long Swede, their prime incendiary, on which the governor and council determine, first, to applaud " their prudence and careful management, in circumventing and securing the prime instigator of this commotion, to gether with the chiefest of his accomplices ; likewise, for your future animation, that so good and seasonable service both to his royal highness and the security and tranquillity of the country may not be buried in oblivion, I cannot but take no tice of it, and do return thanks, withal assuring you to repre sent this action to his royal highness with such characteristics as are justly due to so worthy an undertaking. "Next, I heartily wish myself, with you, to bring that grand impostor, together with the chiefs of his pack, to con dign punishment, but the hourly expectation I am in of the arrival of some ships from England, by which I look for several instructions, which will require present despatch, the whole frame of government standing at this time still; neither mayor nor aldermen elected ; the grand assizes likely to be prorogued. * * * So that what I do recommend to you now must rather be with respect to stopping of the contagion, that it grow not further, than by any way of am putating or cutting off any member, to make the cure more perfect. I would therefore have you to continue the long Swede in custody and irons, until he can have his trial, which shall be as speedily as my affairs can permit, with my pre sence, or some of the council sufficiently authorized to hear and determine that affair. For those of the first magnitude 1 Albany Records ; Council Minutes, vol. iii. p. 15. DEPUTY GOVERNOR FRANCIS LOVELACE. concerned with him, you may either secure them by imprison ment, or by taking such caution for them to answer what shall be alleged and proved against them. For the rest of the poor deluded sort, I think the advice of their own coun trymen is not to be despised, who, knowing their temper, could prescribe a method for keeping them in order, which is severity, and laying such taxes on them as may not give them liberty to entertain any other thoughts but how to discharge them. " I thought that Jeuffro Papegay, Armgart Printz had been so discreet as not to have meddled in so unworthy a de sign ; for though what she hath committed was not of any dangerous consequence, yet it was a demonstration of her inclination and temper to advance a strange power, and a manifestation of her high ingratitude for all those indul gences and favours she hath received from those in authority over her. " I perceive the little domine1 hath played the trumpeter to this disorder. I refer the quality of his punishment to your discretion. "I have received a petition from divers inhabitants of De- Petition in laware, in behalf of those that joined with the Long Finn ; ^™"j^a it came enclosed in Mr. Peter Cousturier's letter, but I shall associates; take little notice of it, since it came not by your hands; euqu'ettos' however, if they shall make any further publication to you sake. about it, and you send it to me, with your advice thereupon, I shall do therein what shall be thought most fitting and convenient. I have no more, but to recommend the con tinuance of your care of this and the rest of your public affairs in your parts, to your prudence and discretion, which is very much relied upon by government. Your affectionate and loving friend."2 < Governor Lovelace confirms a patent granted by Stuyve- October u.- sant to Peter Cock, for an island in the Delaware, lying and . being in a kill which runs into the Schuylkill, and by tides into the main river, containing, by estimate, about 25 mor gens, or 50 acres of improved land. John Penn and Thomas Penn grant a deed for this in 1734, the original of which is in secretary's office at Harrisburg. In council, the subject of the insurrection on Delaware by October 28. 3 • i Probably Fabricius. 2 Albany Records, Orders, &c. vol. ii. p. 271. 48 2i2 378 CHARLES IL— JAMES, DUKE OF YORK. 1669. the Long Finn, and a rape committed by an Indian, were Wl1 — ' taken up. The following is their minute : " Upon serious and due consideration had of the insurrec- sentenceand tion begun by the Long Finn at Delaware, who gave himself of theTon* out to *>e tne son °^ Ooningsmark, a Swedish general, and Mnn, for re- the dangerous consequences thereof, it is adjudged that the said Long Finn deserves to die for the same; yet in regard that many others being concerned with him in the insurrec tion, might be involved in the same premunire, if the rigour of the law should he extended, and amongst these divers sim ple and ignorant people, it is thought fit and ordered, that the said Long Finn be publicly and severely whipped, and stigmatized or branded on the face with the letter R, with an inscription written in great letters, and put upon his breast, that he received this punishment for attempting rebellion ; after which, that he be secured until he can be sent and sold to the Barbadoes, or some other of those remote plantations. That the chiefest of his accomplices, and those concerned with him, must do and forfeit to his majesty half of their goods and chattels, and that a small mulct or fine be imposed on the rest that were drawn in and followed him, the which shall be left to the discretion of the commissioners, who shall be appointed to make inquiry into and examine the same. " That the Indian who committed the rape on the body of Punishment the Christian woman, be put to death, (if he can be found,) ib^rapeT ^or *ne ^ou^ ^act> according to the sentence already passed upon him, and that the sachems under whom he is, be sent to, that they deliver him up, that justice may be executed upon him accordingly."1 Governor Lovelace being unable to proceed to Delaware December 2. to try the persons engaged in the rebellion, issues his com mission to certain persons there, to attend to the trial, as follows : " Whereas there has lately happened an insurrection at commission Delaware, by some evil-minded persons, enemies to his majesty of governor <• i • , • i . , i 3 to certain and the peace ot this government, which might have proved persons, to 0f dangerous consequence, had not the ringleaders been sur- try and exe- ° x 7 ° , cute sen- prised, and so prevented of their wicked designs, by the vigi- thosTcon- lance aQd care of the officers there ; all which having been cemedinthe represented to me, I have, with the advice of my council, n' made some resolutions thereon, which are speedily to be put 1 Albany Records, Council Minutes, vol. iii. p. 15. DEPUTY GOVERNOR FRANCIS LOVELACE. 3179 in execution. I have thought fit, &c, to nominate and ap- 1669. point * * * to be commissioners, to give order and take "^ — ' care that the act of council be put in execution, according as you, or any five of you, of which Matthias Nicholls to be one and president, power to call for any such person or persons as are now in hold on this account, and to pronounce sentence against them, according to directions herewith, and also to summon all others suspected to appear before you, and lay such fines as you may think fit for the use of his majesty. You may administer oaths, commit the refractory to prison, or release as you see cause, &C."1 This year, it is believed, or not long after, a building was Erst swed- erected, which was afterwards fitted up as the first Swedish ^ic'^ohai church, at Wiccaco, on the spot or near where the present bum. one now stands. It had loop-holes, that it might be used as a place of defence against Indians or other enemies. The precise time, however, does not appear to be ascertained. See 167T.2 1670. The council return thanks to the magistrates on Delaware February 4. for their conduct in the case of William Douglass, and con sider the order of the special court at New Castle, that there be an officer appointed among them to keep the peace, &c. Ordered, in regard to Douglass, who hath behaved himself Douglass to so ill at Whorekill, he shall be continued in prison until fur- ^"^00 ther orders, but that his irons be taken off; however, if he transported. can give security not to return to Whorekill, &c, he may be discharged.3 Two orders issued respecting the Long Finn ;4 one to Mr. orders re- Cousseau, to receive him, and the other to Captain Manning, ^'^ the sheriff, to deliver him, according to sentence. The Long Finn was put on board Mr. Cousseau's ship, to February 5. be transported to, and sold at Barbadoes, according to the Long Finn sentence of the court at Delaware, and a warrant issued to Barbadoes. the captain of the ship, dated at Fort James, to carry him to Barbadoes, and sell him there as servants are sold, and to re turn the proceeds to New York. The governor informs Captain Carre that Douglass, who Marah s. has been so troublesome on Delaware, has been sent off to 1 Albany Records ; Court of Assizes, vol. ii. p. 93. 2 Clay, p. 64. 3 Council Minutes, Albany, vol. iii. p. 17. 4 Ibid. p. 16. March 10. Schout and commis saries. March 25. Duty of 10 per cent, re newed. AprU 21. CHARLES IL— JAMES, DUKE OF YORK. New England, with orders not to return to New' York, or amongst those on Delaware ; and also sends Carre a commis sion to suppress any trouble he may cause.1 Schout and commissaries commissioned for Whorekill, to keep good order, try all differences under =£10, among them selves, viz. Hermans Fredrickson, schout, and Sanders Wat son, Oele Walgast, and William Claeson, commissaries.2 The governor renews the custom and duty of 10 per cent. on all European goods imported into Whorekill, on all furs and peltry exported, and appoints Martin Krieger collector of it. Goods not paying to be confiscated ; returns to be made to governor.3 The following is the order : " Whereas I am given to understand that all European goods, imported at the Whorekill, in Delaware Bay, did here tofore pay custom at the rate of £10 per cent., and all furs and peltry exported from thence at the same rate, which turned to some advantage towards the support of government, upon mature advice and consideration had thereof, I have thought fit to renew the former custom, and do therefore hereby order and appoint Captain Martin Krieger, who is a per son well versed in the trade of those parts, and very well known there both to the Christians and Indians, to be receiver and collector of the customs at the Whorekill, where, by him self or his deputy, he is to receive 10 per cent, of all Euro pean goods imported' there, whether coming from this place, New Castle in Delaware, or any other part, and 10 per cent. also for all furs or peltry exported from thence, according to former custom and usage on that behalf; and all persons whatsoever trading thither, or from thence to any other place, are to take notice thereof, and to obey this my commission, under the penalty of confiscation of their goods, if they shall presume to do otherwise, the said Captain Krieger standing obliged to be answerable here, for all such customs as shall be received by himself or deputy there, of which he is to render unto me a due and exact account."4 The governor makes the following decision respecting Fabricius : In consequence of several complaints last year made to the governor, «« by the magistrates of Albany, against Magister > Albany Records; Court of Assizes, vol. ii. p. 125. = Ibid. vol. xvii. 3 Breviat, p. 39. * Smith's Hist. N. J. p. 55. Reg. Penns. vol. 1. p. 76. DEPUTY GOVERNOR FRANCIS LOVELACE. 381 Jacobus Fabricius, pastor of the Augustan Confession, in 1670. that he intrenched upon the civil authority there, I then v— ^— ' thought good to suspend his ministerial functions at Albany, until, either by letters, or mediation of friends, he should be Rev. Fabri- reconciled to the magistrates there, and I from them should y"aa1tnA*rau' receive a testimony of his reconciliation, the which he hath bany. is in no measure performed, and there being now a difference ^°"™ depending before me between the said magister and burghers there, but at of this city, for the reasons aforesaid, and for some other NewVorkto considerations, I have thought for the present to continue the exercise suspension of said magister's ministerial functions at Albany; em' and think it not convenient, therefore to order that he go up thither until I go myself, which I intend this summer, when all differences between said magister and the magistrates or others there, may better be composed, or the occasion re moved, by my presence. In the mean time, the said magister, Jacobus Fabricius, hath liberty to exercise his functions here in these parts as heretofore, without any disturbance, pro vided he likewise give no trouble or molestation to others differing in judgment from him."1 Governor writes to Carre, " that he grants to Jacobus Fab- Ai>r" 23- ricius, pastor of the Lutheran Confession, commonly called He and Ms . 11111, i> ii • wu*e have a the Augustan, who by the duke s license hath a congregation paSs to go to here, a pass to him and his wife to go to New Castle, or any Delaware- place on Delaware, and requests him to show him all civil respect when he comes there, and take care that he receive no affront ; and presumes he will so comport himself with that civility and moderation as to give no just occasion of offence to others." He also recommends to Carre a suit which the magister will have there in behalf of his wife, who was a widow of Sneaf Dircks Van Bergh, of New York, for a house and lot at New Castle.2 " There are very few inhabitants, and they mostly Swedes, Dutch, and Finns ; the people are settled all along the west Presentstate side of the Delaware, sixty miles above New Castle, which £ry ecoun' is the principal town. The land is good for all sorts of Eng lish grain, and wants nothing but people to populate it, being capable of entertaining many hundred families."3 Niel Nielson and others complain to the governor that ' i Albany Records; Court of Assize, vol. ii. p. 153. s Ibid. p. 156. See Paper-Book, p. 39. 8 Hubbard, in Mass. Hist. Soe. Coll, 'vol. vi. p. 675, 2d series. 382 CHARLES II.— JAMES, DUKE OF YORK. 1670. William Tom, through misrepresentation, obtained a patent ' — ¦ — ' on Trinity Hook, previously patented to them, and has, by order of the court, forbidden them to cut hay or feed the May 26. marsh. The governor decides they "shall enjoy what is Governor de- granted on their patent, any patent, grant, or order of court cides against tQ William rriom notwithstanding."1 the court. ° Governor Lovelace, in a letter to Captain Carre, says, " I cannot but express my sadness for the misfortune these poor September 3. people have suffered under, (alluding to a ' new' murder com- Govemor mitted,) so I cannot acquit the magistrates of New Castle, of censures ma- ^.00 mucn remissness and security in relation to the Indians, gistrates in ^ # 7 case of mur- particularly in not avenging the last murder, committed on Mr. Tom's servant, the commission of which may be a great inducement to the Indians to perpetrate this villany, which they have lately acted. Make discovery of the guilty; strengthen the garrison by repairs of decayed works, and likewise men ; secure from surprise by watches ; summon your command, and consult with them the best mode of discover ing the murderers, and demand or force the Indians to deliver up and punish.2 Governor and council abolish customs lately laid at Whore kill, at request of inhabitants, " provided they do not sell too November l. large quantities of liquors to the Indians, nor prejudice their customs neighbours at New Castle, upon which they are to have their abolished, dependence."3 Peter Gronendike is allowed to trade with Indians at Whorekill. The governor recommends to Captain Carre, as it is winter, to disband some of his men, as there is no danger at Nov. 26. this season from the Indians ; diminish expenses, and enlist soldiers dis- again in the spring. To let governor know if he requires any force from New York.3 banded dur ing winter. 1671. James Mills is commissioned by Governor Lovelace, "as surveyor of land at Whorekill and parts adjacent, he behav- januaryig. ing according to the custom and practice of surveyors in these his royal highness's territories."* 1 Albany Records ; Breviat, p. 39. a Albany Records ; Council Minutes, p. 232. New Castle Records, lib. A p. 63. Breviat. 3 N. Y. Records ; Breviat, p. 39. * Breviat, p. 40. DEPUTY GOVERNOR FRANCIS LOVELACE. Governor grants " a license to William Mills, to purchase land south of the town, at the Whorekill."1 The governor informs the inhabitants of Delaware that the affair with the Indians is respited till Captain Carr's March 6. arrival.2 The governor instructs Martin Krygier on various matters, March 27. as follows : « Instructions from the governor to Martin Krygier, being M Krygier'3 bound to Whorekill : instructions. " 1st. To bring him an account of the increase or decrease of the inhabitants there, and whether any new families are re solved to settle there under protection of his royal highness. "2d. To give him an account of the civil officers, and whether the schout is to be altered this next ensuing year, and that the person to succeed be recommended to me, whom I will authorize for two years. " 3d. To inquire concerning those Indians that murdered John De Caper's people, and to let me know under what jurisdiction they live. " 4th. To bring ,the mill-stones, with the appurtenances, with you, unless the inhabitants have need of them, and agree with you for them in present pay ; this to be proffered to Mr. Mills first. " 5th. To remove the customs, and restore them to their ancient liberty."3 A pass is granted by Governor Lovelace, at New York, for Aprill4, the ketch "Prudence," to and from New Castle.4 APasa- At a meeting of the council in New York, the murders ^Ai25. committed by Indians, and the selling of strong drinks to Murders. them, are considered. They say, " the murderers are known, seiunga. but for the present it is not thought convenient to prosecute to the utmost." Captain Carr "relates the desire of many families to Manyfamf. come and settle below New Castle, at Apoquinimy and ^J^^ Bombay Hook ; to be considered of. The most eminent Apoquinimy. amongst them are Mr. Jones, Mr. Wharton, Mr. Whale. A letter is to be written to some of them about the settlement."5 The officers on Delaware are ordered to bring a man from Mays. New Castle to New York, for a debt to one Peter Jego.6 1 1 Breviat, p. 40. 2 Ibid. s Court of Assizes, vol. ii. p. 135, 325. * Albany Records ; Court of Assizes, vol. ii. p. 332. 5 Council Minutes, vol. iii. p. 57. 6 Court of Assizes, vol. ii. p. 335. 384 CHARLES- n.— JAMES, DUKE OF YORK. 1671. Governor Lovelace confirms to Swen Gonderson, Swen ' — ' — ' Swenson, Oele Swenson, and Andrew Swenson, a patent granted by the Dutch governor, dated May 5, 1664, for " a May 13. certain piece of land lying above Moyamensing kill, and so Grants con- stretching upwards in breadth 400 rods, and in length into armed tothe tj^ w00ds 600 rods, amounting in all to 800 acres, or 400 morgen; quit-rent to his majesty, 8 bushels wheat."1 (May 3, 1669.) These dimensions are about two miles by one and a half. It is not, we believe, precisely known, which was Moyamen sing kill ; some suppose it the present Hay Creek. Penn made an exchange with these proprietors, by lands on Schuyl kill, finding the above to interfere with his plans in the southern part of the city. The council have before them " Captain Krygier's business May 28. about the Whorekill," and direct that the "purchase of the Purchase of Whorekill by the Dutch be recorded," (where?) and various b^Dutchto °ther matters ; among which is the shipwreck of Captain Jan be recorded, de Caper's sloop, and the loss of her crew, who were at first caper's'' De supposed to have been destroyed by the Indians, which seems sloop. Go- to have excited much sympathy, as an examination had been M™y°iand to made by Captain Krygier, and three papers received from bewrittento Captain Carr in relation to it, from which they say, "in regard of the uncertainty of the manner of that disaster, and where certainly it fell, whether in his royal highness's dominions or in Maryland, it is ordered, that a letter be sent to the governor of Maryland, to know what their opinion is hereupon, but for some time to suspend the sending it, some persons being expected from thence suddenly, who may give further light therein. The matters from Whorekill are well approved of."2 The following is the letter written, to governor of Mary- june i. land : letter to go- The governor first congratulates him on his safe arrival in MarTand Maryland ; then asks his interposition to endeavour to hear An affecting of and recover the children of Mrs. Courtree and John De hisPIid in Caper, the first having one, and the latter three sons, who discovering have been in vain sought for from Delaware. " All the light lost from the yfe can discover as yet is, that in January, (on information,) •aoop. one Henry De Baker, alias Trowstat, repaired to Ferquakeri, 1 Recorded August 31, 1741, at Upland. Also, Phil. Book A. vol. ix. p. 363. 2 Albany Records; Council Minutes, vol. iii. p. 60, 61. DEPUTY GOVERNOR FRANCIS LOVELACE. 385 an island on the sea-coast, on the confines, but could find 1671. little. In February, on fresh intelligence, he made "another ' — < — ' journey thither, accompanied with two others, viz, John Bowyer and Oloff Swans, a Swede, where, (after great diffi culty,) they arriving at the same place, found at last the boat belonging to the sloop, with two oars in it, and a chest, but saw no human creatures, either civil or savage, and returned with this relation ; since which a fresh report is arrived, that some of the company was murdered, and some of the youths preserved alive, it being customary to those natives to treat youth with more tenderness. Thus far, we have traced the sad catastrophe of the sloop ; it now remains for you to pro ceed to a full discovery what has become of the surviving children, whose parents not only with tears supplicate your generous assistance, but will likewise, with all demonstrations of gratitude, compensate expenses."1 The council order that the persons of the Lutheran pro- June 8. fession, who consented or subscribed to the payment of the Lutheransto church house, (at New York ?) pay their proportion accord- ^ Pabrl" ing to agreement, and likewise pay to the pastor, Fabricius, the portion of his salary to the time of the late public dis agreement.2 Certain propositions are made by Delaware to the gover- June 24. hor. They say, " that the town of New Castle, being the Propositions strength of the river, and only capable to defend itself uetogover^ against the sudden violence and incursion of the Indians," nor. they think they ought to be encouraged, and therefore ask, " 1st. For a block-house, to be erected in some convenient Block-house place of the town, where constant watch may be kept, (now ^juTae!11, the fort is fallen to ruin and decay,) for common defence, cay. which will not cost much, and may be at the expense of the inhabitants of town and county." To this the governor assents. "2d. That no sloop or vessel from New Castle, or any No vessel to other pkce, go up the river above the town, to trade, as ^ trade™ it will ruin New Castle." 3d. They assign as a reason for the 2d, that " those that go Reason for it up receive ready payment in peltry or corn for the liquor ^'S116'1, which they sell by retail, and the inhabitants cannot collect their debts." The governor requires a former order to be enforced. 1 Albany Records; Court of Assizes, vol. ii. p. 355. 2 Ibid. 49 2K 386 1671. Number of tappers of liquor to be fixed. Constablesto be ap- > pointed.King's arms to be set up in courts. Old grants confirmed. Terms of new ones. Sundrycharges to be reimbursed by governor. Boad be tween Dela ware and Maryland to be opened. Corn mea surer. In spector of beef and pork.Mill on Car- coon's Hook, CHARLES IL— JAMES, DUKE OF YORK. " 4th. To prohibit distillation from corn, which consumes an immense quantity of grain, &c." Governor orders that no person shall distil without license, and pay one guilder per can, which is to go to repairing the new block-house, fort, or other public works. " 5th. To ascertain the number of victuallers or tappers of strong drink ; i. e. three only for the town, and some few up the river. " 6th. That constables be appointed to keep the peace ; have staves with king's arms upon them. " 7th. King's arms to be set up in courts of judicature, which, and the staves, they will pay the expenses cf. To these last three the governor assents. " 8th. That grants of plantations made by officers be con firmed." The governor allows all grants heretofore made by officers at Delaware ; those now presented by Carr and Wharton to have patents on same terms as the rest of Dela ware ; each planter obliged to settle in convenient time, and maintain also a house and lot in town or towns to be erected for mutual defence. He who hereafter desires to take up land, "to make it known to the governor, who, if he see cause, will grant order for survey ; officers to encourage applications. " 9th. That several orders passed at and about the time of trial of the Long Finn, as well about public charges as the Whorekills having officers subordinate to those of New Castle; as also for clearing highways, maintaining fences, &c, for well government of that place be reimbursed by your honour's approbation." The governor decides that these orders, &c. shall stand good, and duplicates returned. " 10th. As neighbours of Maryland have offered to clear half the way between Mr. Augustan Heermans's plantation and town of New Castle, order those of Delaware to clear the other half, as it will be a great benefit to travelling and commerce. " 11th. They ask for appointment of a corn measurer, and inspector also of beef and pork." To both of these the governor agrees. " 12th. That there being a mill, or most, if not all the ap purtenances thereto belonging, upon Delaware River, at the Carcoon's Hook, which heretofore appertained to the public, and now is endeavoured to be engrossed by some particular persons for private uses, may be taken into his royal high- DEPUTY GOVERNOR FRANCIS LOVELACE. ness's hands, by which some benefit will accrue, and being kept in good repair, will be of public benefit." On this the governor orders for the mill-stones in the mud not used, the mill to be let out to best advantage, profit to go to the pub lic ; the mill-stones to be taken up and preserved. The governor further leaves to the discretion of the officers semng li the selling of liquor to the Indians; orders the materials in . the Lutheran and Augustan church, (in New York,) against ^'^te Magister Jacobus Fabricius, the pastor, wherein they charge againstPabricius. 1 Albany Records; Court of Assizes, vol. ii. p. 381 ; vol. iii. p. 63. 2 Council Minutes, vol. iii. p. 63. 3 Albany Records ; Court of Assizes, vol. ii. p. 378. 4 General Entries, vol. iii. p. 64. 6 Albany Records ; Court of Assizes, vol. ii. p. 378. 1671. July 21. A pass for a vesselfrom New York to Delaware. igust 21. J. Fabricius prepares to preach his valedictory sermon. Sept. 30. Murderers in Jersey ju risdiction. CHARLES IL— JAMES, DUKE ,OF YORK. " him with several matters unbefitting one of his profession, and having advised with council, and hereupon called to me some of the court of aldermen, and other grave and sober persons for the hearing, &c. &c, neither party being ready, it is postponed." On the 5th, an alderman and two others had , been appointed to examine and settle the differences in that church.1 A pass is granted to Mr. James Stavely, to sail from New York to Delaware, in the following words, and shows the form of such passes : " Permit and suffer Mr. James Stavely, merchant, to pass from this port with the ketch Elizabeth, whereof Samuel Ambrose is master, to New Castle, in Delaware River, and to return again with her loading, without any manner of let, hinderance, or molestation whatsoever. Given under my hand, at Fort James, in New York, this 11-th day of July, 23d of his majesty's reign, 1671. Francis Lovelace. " To the officers of the customs, or whom else it may concern."2 It appears that the Rev. Mr. Fabricius, becoming at length tired of his situation, petitions the governor " for liberty to give his congregation, a valedictory sermon, and to instal the new-come minister, according to the custom used by those of their religion," which is approved of. It is not stated, excepting in the affair at Albany, what the particular cause of offence against the "magister" was; it does not appear that any immorality was urged against him ; but from the fact being stated about this time, '« of several charges" being made "against a minister," (not named,) » for not baptizing several children on application," which is used as a reason for withholding payment of his salary, and for which their goods were seized," and supposing that he may be the minister alluded to, it is probable he was very rigid, and perhaps tyrannical. We shall hereafter find him in another character, in Pennsylvania.^ Governor Lovelace writes to governor of New Jersey, tell ing him that the murder of the two Christians, (Dutchmen,) was by two Indians, confessedly known, residing at Suscunk, four miles east of Matiniconck Island, and appertaining to his jurisdiction. Refers to particulars by the bearer.4 1 General Entries, vol. iv. pp. 15 — 17. 2 Ibid. p. 17. 3 Albany Records; General Entries, vol. iv. p. 19. * Ibid. p. 35. DEPUTY GOVERNOR FRANCIS LOVELACE. . The council at New York resolve that Thomas Lewis, now bound for New Castle in his sloop, be delayed three or four days, that Peter Alricks and Henry Cousturier may go with him. That general instructions be drawn up for them, suit- October 5. able to the present state of affairs. That Governor Carteret sioop de- be ordered to call a general assembly of New Jersey, to as- tained/or certain the strength, and how far they will contribute towards ™.TbT' a war. That constant correspondence be kept up between ™™'of Jcr the two governments, and a mutual understanding,. &C.1 scy asscm- In a letter of this date, to William Tom,' the governor ex- bly' presses his great surprise at what he learns from Mr. Tom, October e. of the particulars of the murder of the two Christians by the Letter from Indians, as Captain Carr had so lately assured him " that all 6oTCrnor . . . Lovelace to things between you and the Indians were so firmly settled wm. Tom. that there was hardly any room left for any jealousy or dis- ^uTrL trust of them between you and them, much less that they attnemur- should so suddenly break out into those unheard of cruelties fame's him and villanous murders, which, as their crimes have no parallel, for not &i- so I am assured the vengeance of God will never forsake us, .fornwr di-S till we avenge the blood of the innocent on the contrivers' rections- heads. Had my directions been bravely and vigorously pur sued by you in the last sad accident, I doubt not it would have prevented this, and I pray God this sin be not laid to your charge." He recommends that "all the frontier scattering planta- course to be tions be ordered immediately to thresh out or remove all their pursued' corn, as likewise cattle, that so they may receive the less damage by the effects of the war that will ensue." Next, " that none, on pain of death, presume to sell any powder, shot, or strong waters to the Indians, and that, in the mean time, you carry, (if practicable,) a seeming complacency with that nation, by either treaty or traffic, that so they may have less mistrust of our intended designs; but if it can be so contrived that that nation will either deliver,, up the murderers to you, or their heads, you have then liberty to assure that nation of no disturbance, till I am acquainted therewith." The governor of New Jersey and Captain J. Carteret are acquainted with all this, and will use their endeavours to bring the murderers to justice." He recommends "a good work about the Matiniconck house, strengthened with a con siderable guard, it would make an admirable frontier."2 1 Albany Records; General Entries, vol. iv. p. 45. 2 Ibid,- vol. ii. p. 42. 2k2 390 CHARLES IL— JAMES, DUKE OF YORK. 1671. Governor Lovelace submits the management "connected Wl — ' with the present state of things" to Carr's " discretion. People need not flatter themselves with accommodation ; the October 8. Indians have proved that they are not to be trusted. The Indians not assembly of New Jersey is called. Some Indians there say tobe the nation are in great fear."1 Pass for sloop "Royal Oak," Thomas Lewis, master, to October 9. pass from New York to Delaware, and at this particular juncture to go up the river, and trade and traffic as the mas ter shall see fit. The council determine, " upon serious and mature consider- oetohern. ation of what has been returned by the officers on Delaware, in answer to the late orders sent thither concerning the bar barous murder committed by some Indians on the east side of that river, upon two Christians at Matiniconck Island, it is resolved and concluded as follows : " 1st. That this present season of the year is not a fit time Eesoiutions to commence a war with the Indians who shall take part with of lunciTin *ne murderers, as well for the reasons given in writing from anticipation the officers at Delaware, as for other causes debated in coun- waronDeia- Cl1, s0 that the present intended expedition thither" is deferred ware, incon- until a more convenient opportunity. murderof " 2d. That, in the mean time, all endeavours be used by two cnris- perS0ns in authority on Delaware, to have the murderers brought, either dead or alive ; for accomplishing whereof, if any reward shall be proposed or promised by said officers for the bringing them in, the same shall be punctually made good ; and for that it may so happen that the malefactors, by some stratagem or otherwise, may be taken alive, commission shall be forthwith granted by his royal highness's governor, and herewith sent, empowering and authorizing the officers and magistrates who shall therein be named, to bring them to condign punishment, by putting the said murderers to death in the most public and shameful manner that may be, so as to strike terror and consternation into the rest of the Indians who shall hear or see the same. " 3d. Whereas some resolutions and orders have been lately made at Delaware, of their intention to retire into towns for their better security against the Indians, in case of a war, that the resolutions are very well approved of, and ordered, 1 Albany Records ; General Entries, vol. ii. p. 50. tians. DEPUTY GOVERNOR FRANCIS LOVELACE. 391 that at their best and soonest convenience, they be put in 1671. execution accordingly. ' ¦ ' "4th. The like resolution proposed as to Matiniconck; it being a frontier place, it is also allowed and approved of, Resolutions, and shall be done at first convenient season. " 5th. It is also ordered, that the inhabitants at New Castle and parts adjacent, upon Delaware River, be digested into several companies, as the towns and number of men will per mit, and upon return of the names of the officers that shall be chosen amongst them to have the command of such com panies, they shall have commissions for their respective em ployments under his majesty's obedience. In meantime, those officers that shall be chosen are to act and proceed with allowance, till they be confirmed. " 6th. That every person that can bear arms, from 16 to 60 years of age, be always provided with a convenient propor tion of powder and bullets, fit for service and their mutual defence, upon penalty for their neglect herein, to be imposed by the commissioned officers in command, according to law. " 7th. That the quantity or proportion of powder and shot to be adjudged competent for each person, be at least one pound of powder and two pounds of bullets ; and if the in habitants on the river shall not be found sufficiently provided with arms, his royal highness's governor is willing to furnish them out of the magazine or stores, they being accomplished and paying for what they shall receive, to the governor or his order. , " 8th. That the places where the townships upon the ri ver shall be kept, be appointed and agreed upon by the schout, commissaries, and the rest of the officers there, ac cording to the proposals sent, as also where the block-houses and places of defence shall be erected, as well in the town as on the river. " 9th. That all former prohibitions of selling powder and ammunition to the Indians, under what penalty soever, be suspended, or left to the discretion of the officers, as they shall see occasion, until further orders. " 10th. That no corn or provision be transported out of Delaware, unless that which is already on board or intended to be shipped on the sloop of Thomas Lewis, (now on that river,) for which he shall have a special license or permit, until further orders. 392 CHARLES IL— JAMES, DUKE OF YORK. 1671. " 11th. That the officers and magistrates at Delaware be ' — ' — ' hereby empowered and authorized to treat with neighbour Indians of the Susquehanna, or others, to join together against the murderers, and such as shall harbour them, or take their part, if occasion shall require, and to promise such reward as they shall think fit, provided it be done with great privacy and caution, so that no sudden jealousies be given to the persons intended to be presented, or their confederates. " 12th, and lastly. That the afore-recited officers and ma gistrates, upon all emergent occasions, do take care by all means that shall present, (as well as by expresses,) to give an account hither of what, from time to time, shall happen there in relation to this matter, which said expresses and messen gers shall be well and duly satisfied for their pains and trouble."1 Governor Lovelace, in a letter to Captain Carr, upbraids Nov. m him for not discharging his duty, and says, "The backward- Governor ness of the inhabitants on Delaware has put a stop to the charges6 forwardness of those in New Jersey, who were ready with a capt. carr handsome party to have stepped into the work, to bring the of duty'8 e° murderers to condign punishment; and truly I was much wwie he re- ashamed to see such an infant plantation to outstrip us, who ftomttie7 should have been rather an example to others than to follow duke. them, especially having the countenance of a garrison to boot, and you the principal officer. What account I shall give to his royal highness of this remissness, I know not, other than to lay the blame where it is justly due. For you to Teceive the duke's pay constantly, and the appearance of soldiers, and to let the fort run so miserably to decay, and not em ploying them in the reparation, when they did no duty, is but just a perfect rent-charge to the duke, for it is not reasonable that his royal highness should be at that charge only to allow you a salary."2 The governor not deeming it prudent to keep the murderer Appoints of the Christians so long as to communicate with New York, tota^ntur-*' aPP°ints the officers and magistrates in New Castle and De- derers. if laware River, or any four of them, to be a special court of executed le °yer an(* terminer, to call said malefactors before them, (if forthwith, taken,) and if, by proof or confession, they shall be found guilty, that death beJTorthwith executed upon them.8 1 Albany Records, vol. iii. p. Sl. 2 Albany Records ; General Entries, vol. iv. p. 67. a Ibid. vol. ii. p. 63. DEPUTY GOVERNOR FRANCIS LOVELACE. Thomas Lewis, who, with his sloop, was detained on account of the Indians, is released. William Tom writes to Governor Lovelace, " that about eleven days since, Mr. P. Alricks came from New York ; the Dec. 25. Indians desired to speak with us once more concerning the Murderer murderers, whereupon they sent for me to Mr. Peter Rambo's, taken and 1 ¦ O * IO 11 Sll0t' PrO" where coming, they faithfully promised within six days to ceedingswiub. bring the murderers, dead or alive ; whereupon they sent out the Indians- two Indians to the stoutest, to bring him in, not doubting easily to take the other, he being an Indian of little courage ; but the least Indian getting knowledge of the design of the sachems, ran to advise his fellow, and advised him to run, or else they would both be killed, who answered he was not ready, but in the morning would go with him to the Maquas, and advised him to go to the next house, for fear of suspicion, which he did, and the two Indians coming to his house at night, the one being his great friend, he asked him if he would kill him, who answered " No, but the sachems have ordered you to die;" whereupon he demanded "what his brothers said ;" who answered, " they say the like." Then he, holding his hands before his eyes, said, "Kill me;" whereupon this Indian that comes with Cocker shot him with two bullets in the breast, and gave him two or three cuts with a bill on the head, and brought him down to Wicacco, from whence we shall carry him to-morrow to New Castle, there to hang him in chains ; for which We gave to the sachems five match coats, which Mr. Alricks paid them. When the other Indian heard the shot in the night, naked as he was, he ran into the woods ; but this sachem promised to bring the other alive, for which we have promised them three match coats. The sachems brought a good many of their young men with them, and there before us, they openly told them, " Now they saw a beginning, and all that did the like should be served in the same manner." They promised before them and us, that "if any other murders were committed by the Indians upon the Christians, that they would bring the murderers to us." How to believe them we know not, but the sachems seem to desire no war.1 Various grants of land are this year made by Governor various Lovelace, south of New Castle, viz. 300 acres of upland, granto- called "High Hook," to Jan Siereks;^ 400 acres, called 1 Albany Records ; General Entries, vol. iv. p. 74. 60 January 1. Governorapproves of hanging in chains. License to a woman to trade on De laware. January 26. License for an agent of theLutheranchurch in New Tork to go to De laware to so licit aid to build a church. January 23. Prohibition on corn re moved. January 26. Patent to M. Nicholls. CHARLES II. —JAMES, DUKE OF YORK. "Mountain Neck," to Abraham Coffin. From this date, in subsequent years, others were made, and the settlement was rapid, in the neighbourhood of Apoquinimy.1 1672. Governor Lovelace replies to information received, that he is pleased to learn of the capture of the murderer, and ap proves of hanging his body in chains ; also of the mild course adopted by the commissaries, and hopes it may have an effect on the murderers at Parder Hook.2 A license is granted to Mrs. Susanna Gardner, to trade to Delaware.3 Whereas the minister and officers of the church of Augus tan Confession, or Lutheran congregation in this city, (New York,) under protection of his royal highness, Duke of York, have requested my license to build and erect a house for their church to meet in, toward which they do suppose all or most of the profession will in some measure contribute, and there being divers of them on the South River, at Delaware, to which place a sloop being now bound, a conveniency pre sents, so that they have pitched upon Martin Hoopman, to negotiate there for them. [Here follows the usual pass.] The officers there are likewise required no way to hinder or molest said Martin Hoopman in his endeavours of collecting the benevolence of such of the Lutheran profession in those parts towards the intents aforesaid, provided it does no way hinder or tend to make division or disturbance amongst the people, nor occasion the breach of the peace, the which his majesty's subjects are obliged to keep."4 The prohibition on exporting corn, laid in prospect of In dian war, is now removed, and Martin Krygier has permission to go with his sloop to Delaware, and return with corn or other produce.5 A patent granted by Richard Nicholls to Matthias Nicholls, for land on south side of Delaware River, near the falls known by the Indian name of Chiepiessing, and by Matthias Nicholls is conveyed to John Berry and Company, though no time was specially fixed for settlement, and owing to distance 1 Foote's Address, which traces these settlements to the present occupants ; p. 13, &c. 2 Albany Records.; General Entries, vol. iv. p. 78. 3 Ibid. vol. iii. p. 89. 4 Ibid. p. 86 ; vol. ii. p. 137. 6 Ibid. vol. iii. p. 8.6. DEPUTY GOVERNOR FRANGIS LOVELACE. of the place from other plantations, longer than usual, has expired, this is passed over, and three years from date allowed for settlement.1 Governor Lovelace issues proclamatipn forbidding to carry February 4. out of the country debtors or servants, without permit. Debtors and Prohibition to sloops and vessels going up river above New serTanta not Castle is taken off; henceforth it is lawful for any sloop or moved. vessel to go up said river, bringing a certificate from the go vernor of his coming from hence, (Fort James,) but only such February e. as sail from Fort James to have the privilege. The prohibi- Tesaels aI" ,. „ , . ¦ , -i -i f lowed to Bail tion was found inconvenient and unequal, as vessels were up above permitted to go up to Albany.2 Ncw Castle- A pass is given to the wife of Laurs Hoist, to go in the February i6. sloop of M. Krygier to Delaware, and thence up the river in Pass ar a some boat or canoe, to the Swedes' plantations, with shoes, ^^^^ and such other of her husband's trade, and return without laware. hinderance.3 A grant by Lovelace to Reloff Anderson, for 200 acres on February 20. north-west side of Apoquinimy Creek, bounded by Drawyer's Creek, confirmed, with various others ; quit-rent, one to two bushels of wheat.4 The governor being about to visit Delaware, issues the fol- March is. lowing order to Captain Nicholls, for his troops, as a body guard : " Whereas there is occasion of my going in person to De- Governor, laware overland, as well to conclude a peace among the f°™a^e caU~s mutinous Indians in those parts, as to settle affairs on that for troops river, under his majesty's obedience, for the which, both for p^J^i. the reputation of his royal highness, whose person I represent here as his governor, and the safety of myself and retinue, it will be requisite that I have a party of horse out of the troops (of Long Island and this city) * * * Summon so many persons in each town, besides officers, as will make up the number twenty, to be ready with horses and arms. * * Those that stay behind shall be obliged to bear their equal share and part of trouble and charge, as their fellow-soldiers shall be put to that go," &e. &c.5 Captain Nicholls summons his soldiers to be at the ferry Marchm on Tuesday, 19th instant, where boats will be ready for their chons's'or-' ders. 1 General Entries, vol. iii. p. 97. 2 Ibid. 3 Ibid. vol. iv. p. 99. i Breviat, s Albany Records ; General Entries, vol. iv. p. 110. 396 1672. March 22. Governor's instructions for prepara tions for him by the way. May 16. May 27. Incorporation of New Castle.Terms. CHARLES IL— JAMES, DUKE OF YORK. transportation to the Nevesink, at the general rendezvous, which is appointed for the 22d. Out of this number three persons to be pitched upon " to go with Captain John Garland, who is appointed to lead the way, and make preparations for the governor and his retinue; to set out on the 12th or 13th instant, at farthest." The governor gives instructions to Captain Garland, about making the preparations for him. " Go with the horse allotted by the captain, as speedily as you can, to Neversinks, thence to the house of Mr. Jegoe, right against Mattiniconck Island, on Delaware River, where there are some persons ready to receive you. Being arrived at the river side, you are to go to Wiccaco, or where you shall be directed, where Captain Carr and the commissaries are, to whom deliver the letter, and then follow their instructions. You are to see that all conveniences for me and my party be made ready for our accommodation, as provisions, boats, &c, and likewise a con siderable guard of men at Mattiniconck Island. After all these things are in order, you are to meet me with your party, and such other volunteers as are disposed to accompany you, and meet me one day's journey, which is at the great Indian plantation, where I intend to lodge that night, and purpose to be there, by God's help, on the 24th instant, and perhaps on the 23d. When we are there at the general rendezvous, I shall set things into further order. You are to treat the Indians and others with all civility, and to contrive it so that the Sussink Indians may be there when I pass by. You are to assure all the Indians that the intention of my coming amongst them is out of love and friendship to them." During his absence, he intrusted the management of his affairs to two members of council.1 Hostilities are renewed between the English and the Dutch. The inhabitants of Whorekill authorized to elect schout and commissaries, in place of those whose terms are now ex piring. On Mr. Krygier's notifying the governor of the names of the new ones, they will be confirmed.2 The following minute of council, respecting the incorpora tion of New Castle, shows the rights and privileges of that town : " 1st. New Castle, being a corporation, is allowed of, and that it be a bailiwick, and governed by a bailiff and six 1 Albany Records; General Entries, vol. iv. p. 114. 2 Ibid. p. 130. DEPUTY GOVERNOR FRANCIS LOVELACE. 397 assistants ; after the first year, four old ones to go out, and 1672. four others to be chosen in their places. The bailiff to be ' r~~' president, and have a double vote. A constable to be chosen by the bench, to try causes as far as £10 without appeal. «'2d. English laws to be established in the town and river. The office of schout to be converted into sheriff for the cor poration and river ; to be chosen annually. " It is further to be considered of, when Captain Cantwell comes, if it be before Captain Carr's going away. " 3d. To have free trade, in their being obliged to make entry here at New Amsterdam, that the determination hereof be suspended until advice be sent about it out of England, or other considerations had thereon." "Concerning the certificate about the Whorekill, that Captain Carr shall have instructions upon at his return. " The Delaware expedition to be borne by the public. Mr. Nicholls charges the first voyage to Delaware to be borne out of the fines of the Long Finn."1 . " Upon consideration had of a certificate brought by Cap- May 27. tain John Carr from New Castle, in Delaware, about the ciaimof pretences from Maryland to Whorekill, and their sending w^u\t* surveyors to lay out land, without the consent or approbation opposed. of the officers there under the protection of his royal high ness, who withstood their proceedings therein. It is ordered that the magistrates there be vindicated in what they have done, to whom a letter of thanks is to be sent ; and it is like wise expected that they continue in their observance of such ordinances and directions as they shall receive from his royal highness's governor, and none others, until his majesty's or his royal highness's pleasure be signified to the contrary."2 1 Daniel Brown, a planter from Whorekill, is committed and July n- sent a prisoner to New York, by the magistrates at Whorekill, a planter for contemning the authority of the court, with several other mr^ontenipt abuses and misdemeanours. On his great sorrow, he is re- of court- leased, on bond of £20 to keep the peace, with promise, in case of second offence, of exemplary punishment. Whorekill is authorized to lay an impost on strong liquors Duty on u- sold there, to repair losses sustained by the privateers last ^^u winter; on each anker of strong liquors, four guilders in wampum, for one year only, to test its expediency.3 1 Albany Records ; Minutes of Council, vol. iii. pp. 92, 93. 2 Ibid. p. 94. 3 Ibid. p. 110. 2L 398 1672. August 12. August 18. Land on island oppo site Calcone Hook. , August 22. Particularsof outrage by Jones, at Whorekill, in letter from Love lace to go vernor of Maryland. CHARLES IL— JAMES, DUKE OP YORK. Hermanus Fred. Wiltbank, schout, and Otho Wolgart, William Claesson, and Isaac Savey, commissaries, are con firmed by the governor, for Whorekill, for one year.1 Edward Cantwell appointed high sheriff, (schout ;) also to collect certain quit-rents on Delaware River ; William Tom, who was appointed August 10, 1669, having resigned.2 An order issues in favour of Jan Cornelis Mathys and Martin Martinson, inhabitants at Amesland, on Delaware, for a parcel of valley or meadow land, upon the island over against Calcone Hook, near the plantation for which Israel Helm, through misinformation, obtained a patent, after being in quiet possession of the above. The court of Upland is' authorized to examine into the matter, and report.3 In consequence of disturbances at Whorekill by one Jones, from Maryland, Governor Lovelace wrote to governor of Maryland, thus : " Sir — I thought it had been impossible now, in these por tending troublous times, wherein all true-hearted Englishmen are buckling on their armour, to vindicate their honours, and assert the imperial interests of his sacred majesty's rights and dominions, (that now, without any just ground, either given or pretended,) such horrid outrages should be com mitted on his majesty's liege subjects, under protection of his royal highness's authority, as was exercised by one Jones, who, with a party as dissolute as himself, took the pains to ride to the Whorekill, where, in derision and contempt of the duke's authority, he bound the magistrates and inhabitants, despitefully treated them, rifled and plundered them of their goods, and when it was demanded by what authority he acted, answered in no other language but a cocked pistol to his breast, ,which, if it had spoke, had for ever silenced him. I do not remember to have heard of a greater outrage and riot committed on his majesty's subjects in America, but once be fore, in Maryland. Sir, you cannot but imagine his royal highness will not be satisfied with those violent proceedings, in which the indignity rebounds on him ; neither can you but believe it is as easy an undertaking for me to retaliate the same affront on Jones's head and accomplices as he did to those indefensible inhabitants. But I rather choose to have first a more calm redress from you, (to whom I now appeal,) and from whom I may in justice expect that right, in the 1 General Entries, vol. iv. p. 180. s Ibid, a Ibid. p. 184. DEPUTY GOVERNOR FRANCIS LOVELACE. 399 castigation of Jones, cum sociis, that the nature and the law 1672. has provided^ otherwise I must apply myself to such other ' — ¦ — ' remedies as the exigence of this indignity shall persuade me to. Thus leaving it to your consideration, I still remain your very humble friend,' " Francis Lovelace. "Fort James, New York, August 12, 1672."1 Governor Lovelace orders Edmund Cantwell " to cause to August 22. be seated and cleared by some tenant, for my best advantage, Land for oo- a tract of land patented to Richard Gorsuch, on west side of vernorLo're- Delaware River, bounded on the north by a creek called by 'the Indians Quiackitcunk, at Nicambanack Creek, and south by north side of Pemecacka Creek,2 passing over Passaques- sing Creek,3 and hath since assigned the same to me."4 Governor Printz's daughter, Mrs. Pappegoya, presents a August 23. petition to Governor Lovelace, to which the following is his answer : " Whereas Jeuffro Armigart Printz, alias Pappegay,5 living Mrs. Pappe- in Delaware River, did make a request unto me, that in re- ^t^'goT' gafd she lived alone, and had so ljttle assistance by servants, Printz, asks having only one man-servant, and likewise in harvest time, 2^°' or other seasons of the year for husbandry, when she was and of non- constrained to hire other people to help her, for whose pay- *f ^f^™ ment in part, and relief also, she was wont to distil some vant on small quantities of liquors from corn, as by divers others is r or glving credit for the amount of the bills allowed, and make the Delaware voyage debtor for the same.2 Permission is granted to H. Hendrickson to proceed from October i. New York to Delaware, and up the river, to collect his debts. The following proceedings in the court of assizes at New October 12. York, (to which it appears an appeal was made from Dela- • ware,) between Mrs. Pappegoya and' Captain Carr, relate to the recovery of Tinnicum Island for Mrs. Pappegoya : " Afternoon — Armgart Printz, plaintiff; Captain Carr, as Trial be- attorney for Andrew Carr, defendant. Pappegoya " Upon motion of Mr. S. Edsall, assistant to the attorney and captain JoJm • Sharp, that in regard some of the papers are in High Carr, attor- _. . _r' . T° , . . . .,, „° ney. Dutch, and others in Low, desiring time till to-morrow after noon to be heard, it is granted, and that the Lutheran domine be advised with about the translation from High into Low Dutch, of the procuration by Hans Block, and the Dutch papers put into English by a good interpreter. " Mr. Ryder, attorney for the defendants, denies Captain . Carr's letter of attorney, as to trial for lands or title." It appears Peter Alricks, bailiff of New Castle for Dela ware, was present at the court. " Thursday, p. m. — The same parties : Jacob Milborn, by Ootober 13. power from John Sharp, attorney for plaintiff, is admitted to plead, and puts in a declaration. " Mr. Ryder refuses to go to trial further than Captain Carr's letter of attorney from Andrew Carr directs ; however, the court thinks fit to proceed to triaT, in regard it was so ordered at the high court at Delaware, the governor being present. " The first bill of sale, in Dutch, upon record, with Mr. Van Ruyven, is produced. " A power from Governor Printz, under his hand and seal, was produced, which being not judged sufficient, in regard the state seal was not affixed to it, another was procured, with the seal, and likewise put into court. The writings being in High Dutch, the translation of it into Low Dutch by the 1 Albany Records ; General Entries, vol. ir. p. 200. * Riid. p. 184. DEPUTY GOVERNOR FRANCIS LOVELACE. 401 Lutheran domine were, according to order, brought into 1672. court. ' ¦ — ' "Besides this, Governor Printz dying, the plaintiff was forced to procure from Sweden new power from her sisters Trial of Pap- or other relations, which, in three papers, was delivered in ^^ alSO. Carr, con- " The original letter of attorney, or power, with the states seal, was translated into English by Nicholas Bayard, out of the Low Dutch. " The bill of sale was read from Dutch into English, by Mr. Daniel. " Peter Nys declares, that when he was in Holland, he saw and had in his hand, the power and consent of Jeuffro Pappe gay, from her sisters, and their husbands' approbation. "Mr. Ryder pleads his client Captain Carr had not suffi cient authority in his letter of attorney, which was read, but withal produces several authentic papers, with seals to them, from out of Holland, against the plaintiff's right. " He desires time for other witnesses out of Holland, but it is thought fit to delay the case no longer ; so the court re commend it to the jury." "Friday, before noon — In the case of Jeuffro Pappegay, October it plaintiff, and Andrew Carr, &c, defendant, the jury find for the plaintiff, as by their following verdict, viz. ' In the case depending between Armigart Printz, alias Mrs. Pappegay, plaintiff, and Mrs. La Grange, defendant, the jury having seriously considered the matter, do find for the plaintiff, and award the defendant to pay the principal, with costs of suit, and all just damages.' " Afternoon — Order and judgment of the court : " The same parties. — This case having been ordered to be heard at this court, after a full debate, being referred to a jury, who brought in their verdict for the plaintiff; the court having taken the same into consideration, do unanimously agree with the verdict of the jury, in manner and form as delivered in court, and do give judgment accordingly, and that the defendants pay costs and charges of suit. By order of the governor and court of assizes."1 In relation to the attack from Maryland on Whorekill, October 17. Governor Lovelace instructs Captain Carr as follows : " Sir — The letters you sent me, by the express over-land, 1 Albany Records; Court of Assizes, vol. ii. pp. 293 — 300. 61 2l2 to Captain Carr. 402 CHARLES II. —JAMES, DUKE OF YORK. 1672, came safe to my hands, with the enclosed relation and papers, w> ' concerning the Whorekill, and the Marylanders forcibly posr sessing themselves of the place, as also of the , goods and instructions estates of some of the inhabitants, of which we had some rumours before, but did not give much credit to it, supposing what was done before to be the rash action of some private person, not thinking the authority of Maryland would invade his royal highness's territories, which he hath been possessed of for near eight years, withput giving the least overture of it to me, who am his royal highness's deputy. Their former violent action and force upon those poor unarmed people, to gether with the particulars of their plunders, I had imme diate opportunity of transmitting to his royal highness, by a ship then bound away for London, the which I made use of, and recommended their case, and I hope it hath, long ere this, arrived at his hands, so that some directions about it may be expected in a short time ; till when, I think it best for the present to leave matters there as they are, but as to the cloud which hangs over your heads at Delaware, which, it is said, they are making preparations to invade, my in structions and orders to you, and the officers in general, are, that you put yourselves in the best posture of defence possibly you can, by fitting up the fort in the town, keeping your com panies in arms, both there and up the river, who are to pro vide themselves with fitting ammunition ; and that all soldiers be at an hour's warning, upon any alarm or order given ; and that, at the town especially, you make your guards as strong as you can, and keep a strict watch, and if any enemy come to demand the place, that you first desire to know their authority and commission, and how it comes to pass those of Maryland should now make such an invasion, after so long quiet possession of those parts by his royal highness's deputies, under his majesty's obedience, and by other nations before that, several years before the date of the Lord Baltimore's patent, whom they never disturbed by arms, and whose right is now devolved upon the duke. Stand well upon your guard, and do not begin with them, but if they first break the peace, by firing upon your guards, or any such hostile action, then use all possible means to defend yourselves and the place ; and command all his majesty's good subjects to be aiding and assisting to you, who, I hope, will not be wanting to their visits New Castle. DEPUTY GOVERNOR FRANCJS LOVELACE. 403 abilities. In all matters of concern, you are to take advice 1672. of the chief officers there. ' — ¦ — ' " This will come to you by your bailiff, Mr. Peter Alricks, who is hastening overland, to secure his affairs there, in this portending invasion, and to give his best help for the safe guard of the place, and his royal highness's interest, upon all occasions. Fail not to send an express to me, by whom I shall give you such further directions and assistance as will be requisite, and if .occasion should be, will come over myself in person, though the spring would be more suitable for me than a winter voyage. So recommending all things to your care and vigilance, of which I expect a good account, I con clude, being your very loving friend, Francis Lovelace. " Fort James, in New York, this 7th of October, 1672."1 William Douglass is taken by sloop from New Castle, a Dec. 26. prisoner to New York, he having returned after banishment wmiam from the government. Is to be imprisoned and kept till fur- ^urgj^9ed ther orders.2 again. This year the celebrated Friend, George Fox, visited this George fox part of the country. He arrived from Jamaica, in Mary land, and, accompanied by John Burnyeat, Robert Withers, and George Pattison, on their way to New England, by land, they touched at New Castle, and from thence, Vith much difficulty, crossed the Delaware. On their return, they again visit New Castle, swimming their horses by the sides of canoes, and underwent many difficulties. At New Castle, they met with a handsome reception from Governor Carr, and had a pretty large meeting there, it being the first ever held in that place ; thence they returned to Maryland.3 1673. William Douglass, for the trouble he has given, is to be February e. sent by Captain S. for Barbadoes, there to be sold.4 Governor Lovelace appoints Peter Alricks, Captain Edmund March 2. Cantwell, William Tom, and Captain Walter Wharton, com missioners to appraise and set a value upon the island of Tinnicum, in Delaware River, (not long since in tenure or possession of defendant, Andrew Carr and wife Priscilla,) 1 Albany Records; General Entries, vol. iv. p. 213. 2 Ibid. p. 244. 3 Smith's History of Pennsylvania, in Reg. Penns. vol. vi. p. 181, which see for some curious incidents. * Albany Records; Minutes of Council, vol. iii. p. 131. 404 1673. Mrs. Pappe goya to lie put in pos session of TinnicumIsland, for amount of , judgment against Carr. Licenses {ranted. March 18. Lord Berk- Icy sells to John Fen- ¦wick. \Ym. Penn arbitrator between Byllinge and Fenwick. CHARLES II.— JAMES, DUKE OF YORK. and other goods. The commission sets forth, that " Whereas Jeuffro Armgardt Printz, alias Pappegay, did obtain a judg ment upon the verdict of a jury, at the last general court of assizes, against Andrew Carr and Priscilla his wife, for the sum of 3000 guilders, Holland money, or £300 sterling, to gether with all due charges and costs of suit, the determina tion whereof being referred to the major part of the bench, they did make report that £50 shall be allowed for interest and forbearance of principal debt, leaving the other charges and costs to the determination of the law." Governor con firms decision of £300 and £50, and £5 more, charges ap parent and usual costs to be levied on estate, goods, and chattels of defendants, on Delaware River or elsewhere, within the government; if there be not sufficient" — [Then follows an execution to be served on Carr's estate, for use of Jeuffro Armgardt Printz, alias Pappegay, directed to Cant well, high sheriff, to levy, after appraisement made.] "And for that it is thought the most considerable part of Carr's estate is upon island of Tinnicum, you are hereby empowered to put the said Jeuffro Printz into possession of said island, and the stock thereon, which, if not sufficient, levy on other property of Carr."1 A pass for John Schouten to go with his sloop to New Castle, or parts adjacent, and return to New York with his loading. Also a license for John Garland, to trade or traffic with the Indians or others at Whorekill, in any goods not prohibited, and likewise to go up the river above New Castle, in any vessel belonging to New York, according to toleration granted by governor in council, 27th January last. The magistrates are required not to hinder him, any former orders notwithstanding.2 Lord Berkley parted with the whole of his right and title in New Jersey, to John Fenwick, in trust for Edward Byllinge, for £1000, thus dissolving the joint tenancy with Carteret.3 Some difficulty afterwards occurring between Fenwick and Byllinge, as to their respective interests, William Penn was appointed arbitrator, who gave Fenwick one-tenth of the province, with a considerable sum of money ; the remaining nine-tenths to Byllinge.4 ' Albany Records ; General Entries, vol. iv. p. 260 — 262. 2 Breviat, p. 42. 3 Mulford, p. 165. Mickle, p. 29. Johnson, p. 13. 4 Mulford, p. 166. STATES-GENERAL, UNDER ANTHONY COLVE, GOVERNOR. 405 The affair of Whorekill considered by governor and coun- 1673. cil ; letters from Carr, Cantwell, and Wharton read, propos- v ¦ ' ing plans for reducing it ; ordered to send a commission to the officers and magistrates at Delaware, "to go to Whore- April 21. kill, there to keep a court in the king's name, and inquire of commission all irregular proceedings, and settle the governor and officers toe°to there as formerly, under his majesty's obedience, and accord ing to particular instructions to be sent." This shows that the Marylanders did not keep possession of the Whorekills.1 Several grants of land at New Castle, and between "Dog Grantsof and Namon's" Creek, reserving to the duke quit-rent of one lana' bushel of wheat.2 Proclamation of governor, reciting the great scarcity of June 24. wampum throughout the duke's territories, which was received Prociama- and paid currently there in all transactions between man and i°?™^c man, therefore, in order to bring in wampum, increasing and pum. raising the value of it to one-third more than it was before.3 Six beads were formerly valued at a stiver, of which twenty made a guilder, or about fourpence sterling.4 War between the Dutch and English having commenced July so. last year, a few Dutch ships, under command of Evertse and Dutch re- Benkes, now arrive under Staten Island, a few miles from York,&I New York. The commander of the fort, John Manning, treacherously made peace with the enemy, and delivered up the fort'without giving or receiving a shot, and the major part of the magistrates and constables swore allegiance to the States-General and the Prince of Orange. Thus New York, as well as New Jersey, became once more under the Dutch government. Deputies were likewise sent by the people in habiting the country as far west as Delaware, who, in the name of their principals, made a declaration of their submis sion, and Delaware again reverted to the Dutch.5 Anthony Colve was appointed governor, and various pri- August 12. vileges were conferred oh the people. The following is Governor Colve's commission, which shows the extent of the Dutch claim : " Whereas it is necessary that a good and expert person Governor should be chosen to act as governor and chief magistrate in CoI™'scom" 0 o mission. this conquest of New Netherland, with all its dependencies, beginning at Cape Heniopen, on south side of Delaware Bay, 1 Breviat, p. 42. 2 Ibid. a Ibid. •« Proud, vol. i. p. 134. . « Smith's N. Y., vol. i. pp. 39, 40. Mulford's N. J. p. 157. 406 STATES-GENERAL, UNDER ANTHONY COLVE, GOVERNOR. 1673. and the South River included, in such a manner as it was in ' — ' — ' former days possessed by the directors of the city of Amster dam, and afterwards by the English government, in the name Governor and in behalf of the Duke of York, and further of aforesaid Coive'scom- Q&^e nenl0pen, all along to the great ocean, to the east of tinuea. ' Long Island and Shelter Island, and from there westward to the middle of the channel named the Sound, to the village Grcenangen, on the continent, and so to proceed landward in upon a northerly line, so that it shall proceed to ten. miles from the North River, in conformity to the provisional divi sion of the limits, as agreed upon in the year 1650, which afterwards was confirmed and ratified by their high and mighty lords the States-General of New Netherland, on 22d February, 1656, and 23d January, 1664, with all the lands, islands, rivers, lakes, kills, creeks, fresh and salt water, fort resses, cities, villages, and plantations comprehended within it, so is it that we, sufficiently convinced of the experience of Anthony Colve, captain of a company of Netherland infan try, in the service of the high and mighty, &c, in virtue of our commission granted to us by aforesaid high and mighty, &c, commissioned and qualified, so as we by this do commission and qualify the aforesaid Anthony Colve to govern as gover nor-general, this country and fortresses, with all their appur tenances and dependencies, and to protect these against all invasions of enemies, so as he, to the best of his abilities, sliall deem most salutary for the service of this country, commanding therefore all high and low officers, justices and magistrates, and other commanders, soldiers, citizens, and all inhabitants of this country, to acknowledge, honour, respect and obey the aforesaid Anthony Colve as the governor- general, as we have deemed this necessary for the service of the country. All this under approbation or rejection of lords principals. Done, &c. August 12, 1673. " C. Evertse, jun. "J. Benkes."1 sept » Governor Lovelace was ordered to depart the province, but Departure of afterwards obtained leave to return to England with Com- Loveiace. mander Benkes.2 The Delaware having again reverted to the Dutch, before Sept. 12. a council of lords, in the military tribunal at Fort William Henderick, (New York) present, Benkes, Evertse, jun., and 1 Albany Records, vol. xxiii. pp. 332, 333. 2 Smith's N. Y. vol. i. p. 39. DUTCH GOVERNOR, ANTHONY COLVE. 407 Captain A. Colve, appeared deputies of South River, who 1673. deliver their credentials, and further declared their submission ' ¦— ' under obedience to the honourable lords States-General of New Netherland, and his serene highness, Prince of Orange, conditions and asked for certain privileges. They were answered thus : b^'rtuteh " 1st. Till further orders from Holland, they may enjoy after return free trade and commerce with Christians and savages, as ^ J their" Others enjoy. government. " 2d. A commander shall be appointed on South River, authorized to enlist ten or twelve soldiers, and further, to summon and command every sixth man of all the inhabitants to build a fort in the most convenient place. " 3d. A person to be authorized by the commander to in vestigate what debts are yet to be paid to the English govern ment, and what debts of that government are yet unpaid, which, when reported to the governor, further order will be issued. "4th. Freedom of conscience is granted to petitioners. " 5th. The valley near the place to be disposed of at a convenient time, and as the governor shall direct. " 6th. Swedish and Finnish residents on South River to enjoy saime privileges as other subjects. " 7th. Inhabitants of South River, in consequence of ex penses in constructing the fort, to be free from taxes on land, and from excise on wines and distilled liquors consumed there, till May, 1676. " 8th. The English to be entitled to the same, provided they take oath of loyalty." " 9th. All inhabitants on South River to keep undisturbed possession of houses, lands, and property. When persons now residing in Maryland possess any lands on South River, and obtain lawful deeds, they shall be permitted, within three months from this day, to apply to, and have deeds con firmed by the governor, but must in that time settle under this government, and take oath of allegiance, or forfeit their lands. Done at Fort William Hendricks, September 12, 1672. " Signed, Jacob Benkes, " Cornel. "Evertse, jun." "A majority of inhabitants to name, by a majority of Thre0 votes, eight persons for each court of justice, whose jurisdic- ructions"" tions provisionally shall be : Judges, how "1st. For New Amstel, for inhabitants of east and west eece ' 408 DEPUTY, PETER ALRICKS. 1673. shore of Christina kill to Bompjes Hook, including inhabit- ' r~' ants of Apoquinimy. " 2d. For Upland, for east and west wall of Christina, up ward to mouth of river. " 3d. For Whorekill, east and west warll of Cape Heniopen, to Bompjes Hook. " Said nominations to be delivered to commander and sheriff, P. Alricks, to be conveyed to governor, to select from it, and commission to be sent to such." Signed as above.1 Peter Alricks was appointed by Governor Colve, schout or sept 19. sheriff, and commander on South River, lately named Dela- p. Alricks ware, beginning at Cape Heniopen, and so much further south Suteh tedl>y as ** was Possessed during the former Dutch government. He schout and took the oath of allegiance to New Netherland, and is re- commander. ^^ tQ take ^ frQm ajj ^ submitted> Walter Wha.rton is appointed surveyor-general. Commander Alricks was authorized to enlist ten or twelve Ratione. soldiers at the expense of the government, among whom to be two corporals, at 48 st. Holland, and for soldiers, 35 st. per week ; rations, 6 pounds beef, 6 pounds rye bread, half pound butter, half vat small beer, for 7 men per week ; one schepel peas per month. He received the following instruc tions : "1st. Sincere, true Christian religion, in conformity with sept. 27. Synod of Dordrecht, shall be preached, and by all means instructions, maintained, without permitting that, by any other sect, any thing contrary to it is attempted. " 2d. He is seriously recommended to keep his people in good order, and to be every night precisely in the fort. " 3d. He shall, as far as in his power, keep good corre spondence with the commissaries on South River. " 4th. Keep the natives or Indians devoted to him as far as possible, and endeavour to render the Dutch government palatable to them. "5th. He shall, in distributing rations, regulate himself as follows : for each man, per week, 6 pounds beef, or 3| pork, 6 pounds bread, half pound butter, or 2 st. Holland in lieu of it, one half vat of small beer for 7 men ; each month, a schepel (3J bushels) peas each man. " 6th. As regards sheriffalty, he shall conduct agreeably to instructions from time to time. 1 Albany Records, vol. xxiii. p. 323. DUTCH GOVERNOR, ANTHONY COLVE. 409 "7th. Further, he shall regulate himself agreeably to 1673. orders sent. ' '""' " 8th. Shall not neglect to inform us, by every opportunity, of any transactions there, and, if required, despatch an ex press for the purpose. " 9th. Shall endeavour, as far as possible, to obtain infor mation of transactions of the English in Maryland and Vir ginia, and make them known to us. " 10th. The commander is authorized, under my approba tion, to distribute lands among the inhabitants on South River, to promote agriculture, after having measured them by a sworn surveyor, and requested a deed and confirmation."1 A general act of confiscation was passed by the Dutch, on sept. 20. recovering possession, of all the houses, lands, goods and Act of con- effects, without exception, in this country, belonging to' the fll a " kings of England and France, and their subjects, and also of those of the Duke of York, his late governor and auditor- general, and all other military officers in this country, on behalf of the high and mighty lords, &c. of New Netherland, with the only exception of the neighbouring colonies of New England, Virginia, and Maryland, who, for sufficient reasons, remain as yet excluded from this general confiscation ; com manding, yet once more, each of our good inhabitants, that they, in conformity to the placard, shall discover and faith fully communicate what may be known to them upon the amende mentioned; each one is once more warned at his peril.2 Commander Alricks, on South River, is ordered by letter, November? in case Captain John Carr did not, as he requested, submit captain himself and reside within the government, to take possession ^^tTibe of his estate, in virtue of the decreed confiscation, and trans- confiscated. mit by first opportunity an inventory.3 Hermanus Wilbank, Sander Molestyn, Dr. John Rootes, Nov. 28. and William Claessen, are approved by the governor out of Magistrates the nominations by the inhabitants of Whorekill, as magis- Ju"1016" trates for one year. Two millstones lying useless at Whorekill, formerly be- Muistones. longing to the city's colony, are wanted at New Amstel. The magistrates ordered to send them to Alricks.4 1 Albany Records, vol. xxiii. pp. il, 12l 2 Ibid. p. 337. a Ibid. p. 96. 4 Ibid. pp. 96, 301. 62 2M 410 DEPUTY, PETER ALRICKS. 1674. Several Englishmen from Maryland drove the subjects of January 24. this government, in a barbarous and cruel manner, from their Maryianders dwellings, and ruined them, by burning their houses, thereby anTarive off n0 doubt bereaving them of means of subsistence. Governor inhawtants, Colve publishes that he will provide for all such exiles, Duteh coiveoffers or English, who go to him with certificates of the fact from provision. Alricks'. The inhabitants at Whorekill, on appearance of any enemy, are to obey orders of the commander, or be prosecuted as perjured.1 The treaty of peace was signed at Westminster, between February 19. England and the States-General, the 6th article of which Treaty of says^ "That whatsoever countries, islands, towns, ports, cas- resToreTthe* ties, or forts, have or shall be taken on both sides, since the Dutch con- time the late unhappy war broke out, either in Europe or EngUsh. 8 elsewhere, shall be restored to the former lord or proprietor, in the same condition they shall be in when the peace itself shall be proclaimed." Under this treaty the English again acquire possession of New York and the Delaware, the Dutch having held them but for a short time.2 (February 9.) Fenwick and his cestui que trust, Edward Byllinge, (the rebruary 20. latter having become unfortunate,) conveyed, for the benefit Fenwick con- of his creditors, to William Penn, Gawn Lawrie, and Nicholas liam Penn, Lucas, nine undivided tenth parts of the province, the re- Ac. astms- maining tenth part continuing in the hands of Fenwick. This remainder was soon after leased for one thousand years, to Eldridge and Warner, from whom Fenwick, before leaving England, had procured money, who were allowed to dispose of as much land as would reimburse them, thus placing the control of the whole in the hands of the lessees, subject to a contingent claim remaining with Fenwick.3 Thus William Penn became one of the chief instruments in settling West New Jersey.* (February 10.) Rev. Mr. Fabricius appears to be again in trouble. The following proceedings in court appear in the case : " Attorney-general, plaintiff, against J. Fabricius, before a Proceeding Lutheran minister, defendant — The plaintiff, ratione officii, Sata" Fab- sai<*> tne defendant, last Monday a fortnight, married a cer- rieius. tain R. Doxe, now a prisoner, to one Mary Ann Harris, 1 Albany Records, vol. xxii. p. 137. 2 Smith's N. Y. vol. i. p. 41. 3 Mulford, p. 167. Mickle,-p. 29. * Proud, vol. i. p. 137. DUTCH GOVERNOR, ANTHONY COLVE. £\\ without consent of the governor, or of magistrates, without 1674. inquiry if any legal objections were against it, which is a case ' — ¦ — ' against all good laws, to the prejudice of your inhabitants, and in contempt of the good laws of this country, who there fore ought to be punished as he deserved ; therefore plaintiff concludes that the defendant shall be brought to the place where public justice is administered,, there to be severely flogged, and banished for ever out of the province." "Attorney-general, plaintiff, against J. Fabricius, defend- Another suit ant — Plaintiff, nomine officii, says the defendant on 23d last, a?fns< LFab" 3 jj 7 j 7 ncms for an P. M., came to the house of Mary Jurianen, made an assault assault upon on her in her own house, and ¦ committing violence in taking awomani her goods away, as is evident by the affidavits annexed, be sides complaint of many aforesaid, which certainly in any place of good police ought not to be tolerated, but punished, for an example for others. Asks that he shall be punished with arbitrary correction, for the violence, and for striking, five beavers, cum expensis." R. Doxe is also sued for coming to Fabricius with counter feited certificate of T. Wendall, &C1 Jacobus Fabricius, minister, (severely indisposed,) peti- Petition of x tions Governor Colve, and "shows, with all humility and ^teiojus£br 7 7 y absolution. submission, the great mistake which I (he) committed in mar- ms reasons. rying a couple on the 6th of February last, and prays his honour to absolve me (him) this time in your discretion, con sidering I was ignorant of the present customs, nor of the fraud of the witnesses, besides the conduct of Thomas Wen dall, and her importunate entreaties, which I more than once declined ; and lastly, that in my enfeebling sickness, I had not my mind sufficiently at command. I shall not only ac knowledge this mercy with thankfulness and praise, as good before men, but be more on my guard in future, on similar occurrences, as it would cause my ruin, which your honour might possibly effect, but your honour would not be benefited by it, and mercy ought always obtain a place before justice, more so yet, as it is the first time. I expeet then, a consoling absolution, by which they would console my poor distressed, sick soul. M. J. Fabricius."2 "The defendant, Jacobus Fabricius, remaining in default, March 5. is required to appear at next session of court."3 1 Albany Records, vol. xxiii. pp. 448, 449. 2 Ibid. p. 446. 3 Ibid. p. 161. 412 1674. March 21. Fabricius is suspended for one year, and fined for striking a woman. Dole's mar riage de clared ille gal. April 18. J. Fabricius asks to be permitted to baptize. July 9. New letters- patent to the Duke of York. July 11. August 8. October 31. CHARLES II. —JAMES, DUKE OF YORK. The governor and council, hearing the submission and con fession of J. Fabricius, and "informed too of his previous bad conduct, nevertheless, from respect of his old age, and the office in which he for some time acted, unwilling to pro ceed against him with severity and rigour, condemn and de clare him unable, during a whole year, to act as a gospel minister, or in any way whatever dependent on that office. Then he shall be obliged to solicit a special consent, before he can be admitted again to the ministry." Doxe's (whom he married) marriage was declared illegal, because Fabricius was not duly qualified, and three proclama tions had not been made : the .charge of bigamy not substan tiated, therefore he is permitted to have his marriage confirmed, according to laws of the government. In the case of violence in striking Mary Jansen, J. Fabri cius cqnfesses it, but says she " provoked him to it by scold ing." He is fined two beavers, cum expensis.1 J. Fabricius prays that his sentence may be so far mitigated, that if he is not permitted to preach, at least he might be to baptize. " The suppliant's petition is excused."^.) The in dex, in referring to this, says, " he is permitted to baptize."2 Some doubts arose whether the changes in government from English to Dutch, and back again to the English, had not impaired the Duke of York's title, and grants made by him under it. To prevent any difficulty which might occur with regard to this question, letters-patent were issued by his majesty to the duke, in nearly the same words with the former grant, conveying again to him the same portion of territory.3 (June 29.) Two days after receiving the patent, the duke commissioned Sir Edmund Andross governor over the whole country, from the west side of Connecticut River to the east side of Dela ware, embracing what of New Jersey had been previously granted to Berkley and Carteret.4 The duke executes a new conveyance to Sir George Car teret, in severalty, for only the eastern part of New Jersey,, Lord Berkley having previously, (March 18, 1673,) disposed of his own undivided portion of the province. About this time Major, afterwards Sir Edmund Andross, arrived as the governor under the Duke of York, and soon Albany Records, vol. xxiii. p. 169. Mulford, p. 159. 2 Ibid. * Ibid. p. 161. DEPUTY GOVERNOR EDMUND ANDROSS. 413 after issued a proclamation, confirming all grants for land 1674. heretofore made, as well as judicial proceedings, to his arrival. ' ¦ ' He established former laws,' together with the manner and time of holding courts, &C1 (Saturday.) The Fort Amsterdam, New York, was this Nov. 10. day surrendered to Governor Andross, and Matthias Nicholls Fort de- sworn in as one of the council. All magistrates in place at ^™jj^° the time of the Dutch coming here, to be re-established for Magistrates Delaware River, except Peter Alricks, the bailiff, he having ^n*^ ex. proffered himself to the Dutch at their first coming, of his ceptAiricks. own motion, and acted very violently as their chief officer ever since.2 (October 31.) Andross informs, by letter, the governor of Maryland, that Nov. 13. he has received from the Dutch, New York and its depen- Andross dencies, in behalf of his majesty, to continue as formerly pernor of S°" under his royal highness ; that he has given orders to magis- Maryland. trates and officers at Delaware, » to prevent or redress any kind of injury to the neighbouring colonies, and will not doubt the like on the governor of Maryland's part."3 Andross reappoints all commissaries who were in office Nov. u. when the Dutch took possession in July, 1673.4 Captain Cantwell, formerly sheriff of Delaware, to be sheriff, and William Tom secretary or dark for the town of New Castle. Captain Cantwell and J. De Haas are authorized to receive quit-rents and all other duties, whether customs or excise, as formerly was established before the coming of the Dutch, and for customs as they now are, since established by his royal highness, and to return a true account of the state of all matters relating to the revenue, by first opportunity. Governor Andross commissions Captain Cantwell and Wil- Andross ap- liam Tom to take possession of the fort at New Castle; also p°mt30ffl- , iiii cers a* Dela- the cannons and all other stores of war there, or in any other ware to re- part of the river, for his majesty's use, pursuant to articles ^Te toT% of peace with the Dutch ; » and you are, upon occasion, to send to any other part of the country for the repossession and settling any of his majesty's subjects in their just rights, and particularly at the Whorekills ; likewise to comport your- ' Smith's N. J. pp. 77, 78. Proud, vol. i. p. 136. 2 Albany Records ; Minutes of Council, vol. iii. p. 1. 3 N. Y. Records ; in Breviat, p. 42. 1 Albany Records ; Minutes of Council, vol. iii. p. 1, 66. See Reg. Penns. vol. iv. p. 56. 2x2 of Dela ware, 414 CHARLES IL— JAMES, DUKE OF YORK. 1674. selves with neighbouring colonies in a friendly and amicable ' ' ' manner."1 The names of the justices for New Castle are Hans Block, Magistrates John Moll, Fop Outhout, Joseph Chew, Dirck Alberts. For the river, Peter Cock, Peter Rambo, Israel Helme, Laers Andriesson, Wolle Swain.2 Captain Cantwell is authorized to administer the oath of Nov. 21. office to the commissaries and others at New Castle and Nov. 22. Whorekill. He is also to inquire for the king's colours, which variouscom- were in the custody of Captain John Carr, late deputy go- (fTc'' r° vernor> before the Dutch came, in 1673, who having gone out of the government, is supposed to have taken them with him, or left them with some private person. If found, to use them in the fort, and for the company in New Castle of which he is captain. Andross issues the following proclamation : "Whereas it hath pleased his majesty and royal highness Kov. 19. to send me with authority to receive this place and govern- prociama- ment from the Dutch, and to continue in the command thereof «on of Gov. uncler his royal highness, who hath not only taken care for Andross, on pi-ic 7 i • assuming our future safety and defence, but also given me his command the govern- for gecurinp- the rights and property of the inhabitants, and ment, con- ° ° r r j 7 Arming au that I should endeavour, by all fitting means, the good and fudidai^pro- we^are °f this province, and dependencies under his govern- ceedingsbe- ment, that I may not be wanting in any thing that may eon- Dutch took duce thereunto, and for the saving of the trouble and charge possession. 0f any coming hither for the satisfying themselves in such doubts as might arise concerning their rights and property, upon this change of government,, and wholly to settle the minds of all in general, I have thought fit to publish and declare, that all former grants, privileges, or concessions heretofore granted, and all estates legally possessed by any under his royal highness, before the late Dutch government, as also all legal and judicial proceedings during that govern ment, to my arrival in these parts, are hereby confirmed, and the possessors, by virtue thereof, to remain in quiet possession of their rights." It is also " declared, that the known book of laws formerly established, and now in force, under his royal highness's government, js now again confirmed by his royal highness, which are to be observed and practised, to- i Albany Records; Minutes of Council, vol. iii. pp. 1, 66. See Reg. Penns. vol. iv. p. 56. 2 Ibid. DEPUTY GOVERNOR EDMUND ANDROSS. 415 gether with the manner and time of holding court therein 1674. mentioned, as heretofore, and all magistrates and civil officers ' — r~1 belonging thereunto to be chosen and established accord ingly."1 (November 9.) 1675. E. Andross, in a letter to Cantwell, acknowledges receipt January 19. of his (Cantwell's) letters of 30th November and 9th Decem- Letter from ber, informing " of his having taken possession of the fort, ^™to and of the magistrates being settled at New Castle, as also Fort; lands up the river and at the Whorekill." Andross "is glad to Mils^6rs' hear that people are generally so well satisfied with the Murder of change, and of the likelihood of new comers to settle in these by'inaiaM. parts ;" thanks him for his care in executing his orders, and allows of his " entertaining a man for the fort, and taking up a barrel of powder and shot," as he mentions, and pro mises all encouragement and protection, in order to which, he expects to visit them in the spring. « In the mean time, you may give such new comers as desire to continue there any reasonable quantity of lands not disposed of or settled in time, according to their capacity and number of hands they shall bring for clearing, due regard to be had to the late war, and former undertakers to be preferred. The quantity of lands to be disposed of I must leave to your discretion, referring you to the custom of the place and neighbourhood, but suppose forty or fifty acres may be sufficient for a head of age to improve it, lest we run into former errors, of giving greater tracts of land than improved, to the hinderance of others." Empowers him to be surveyor for the whole river and bay till he comes.. " As to your apprehension of some people's removing to the east side, I suppose none of any note will be hasty therein, the proprietors not being agreed,. and though some have obtained, others have no grants yet from his royal highness, so that it is not like to come in our hands." Refers to execution upon Carr's estate, and to his proclamation confirming all legal proceedings, " as sufficient authority for all officers and magistrates." As to the militia, he thinks of making no alteration till he comes. "Your lieutenant, in your absence, having power to command, and the ensign being absent, the oldest sergeant may do that duty, or be made ensign on occasion ; and for the Whorekill, 1 Albany Records; A. P. S. MSS. in Reg. Penns. vol. iv. p. 57. remitted for throo years. 416 CHARLES II.— JAMES, DUKE OF YORK. 1675. the number is as yet too little for a company, but if neces- ' — ' — ' sary, you may nominate a lieutenant, who may choose a ser geant, and command there till further orders. You have done well in summoning the Indians, to demand justice upon the murderer of Dr. Rhodes, which I pray prosecute in the best means you can, that it may, be effected (if possible) without wars ; if not, let me hear from you very early in the spring, that I may take ord«r in it, and supply you accordingly."1 Among other regulations then made for encouragement to Quit-rents settlers, he remitted the quit-rents for the first years on all new lands to be taken up and seated in Delaware precincts. (See 1678.) Expecting to be at Delaware by April, Andross orders February 23. Cantwell " not to suffer Carr, or any from him, to dispose of order re- or make away with his estate, upon which, (if you judge Srr*s°g necessary,) you may lay an attachment in his majesty's be- estate. half." Requires him to make up his accounts of customs to 25th March.1 It appears, from a reference on the New Castle Court April 3. Records, to "proceedings of a court held in New Castle, Early court March 24, 1674," (1675,) that courts were established here as tie. BW "*" earty) or perhaps prior to this date. The records are at pre sent not among those at New Castle,3 where the earliest that we have seen are October, 1676. We have seen no evidence of courts in the time of Lovelace, though there must, no doubt, have been some legal proceedings. Courts were held " at a place now called Troy or Jones's Creek, near Dover, for Jones's, now Kent, and at Whorekill, now Lewistown, for county of Deal, now Sussex county."4 Andross again writes to Cantwell, about an Indian found April e. dead, and those who murdered Dr. Rhodes; also respecting Murders. an Indian killed by an inhabitant on the river, and orders the TOrnpr°hi-f magistrates to inquire into it, and do justice immediately in wted. it, although it should not be demanded by the Indians. The governor hopes Cantwell has prohibited all manner of dis tilling corn, as well as its transportation ; if not, directs it immediately.5 April is. Two Christians were murdered by the Indians on Millstone. 1 N. Y. MSS. A. P. S. in Reg. Penns. vol. i. p. 93. New Castle Records, lib. A. p. 320. 2 MSS. A. P. S. Reg. Penns. vol. i. p. 93. 3 New Castle Records, lib. A. p. 59. 4 Del. Register, vol. i. p. 177. 6 N. Y. Records, in Breviat, p. 43. DEPUTY GOVERNOR EDMUND ANDROSS. 417 Andross directs Governor Carteret to inquire, by express, 1675. into the murder, and to give orders for thirty horses for his ' — ¦ — ' journey to Delaware, to be ready by 29th, or at furthest by the last of the month. He will come by way of the Falls, Preparations where Cantwell may meet him on the 4th of May, or proceed *° bB made ^ ^ 3 r for gover- to Millstone. " In the mean time, look well to yourselves, nor-s visit to and give no offence or suspicion to the Indians." He speaks Delaware- of James Sandyland, and says, " he ought to be tried by court, and detain, punish, or release him. As to his being out on bail, if he be not criminal, it cannot be denied him." The charge against him is not mentioned.1 Cantwell sent an express to the governor, expressing his Mayio. fears of the Indians, which Andross says are unfounded. Fears of in- Expects to set out on his journey on the 3d of May, and be yernor about at the Falls next day. Thanks him for his care for the pre- *° 8tert oi1 servation of the inhabitants, and promises to supply all things 1BJOurney- necessary. Arrived at Salem the ship "Joseph and Mary," Captain Mayi3. Matthew Payne, bringing passengers, among whom were Arrival of Hypolitus Lefevre, John Pledger, Richard Johnson, &c. This ^J*. is believed to be the first vessel which arrived in West Jersey, land. though Smith, in his "New Jersey," says the first arrived next month.2 It is probable there were at this time but three churches in May 23 & 24. the present Delaware and Pennsylvania. At a special court held by governor, at New Castle, or- orders of dered, " That the church or place of meeting for divine wor- c°UTt*hoat 7 r o churches. ship in this town, and the affairs thereunto belonging, be Newcastle. regulated by the court here, in as orderly and decent a man ner as may be.3 That the place for meeting at Crainehoeck4 do continue as heretofore. That the church at Tinnicum Tinnicum Island do continue as heretofore ; that it serve for Upland ^ uPIan|J. and parts adjacent. " And whereas there is no church or place of meeting No church higher up the river than said island, for the greater ease and ^^^'t convenience of the inhabitants there, it is ordered, that the be bmit at magistrates of Upland do cause a church or place of meeting 1C es °°' for that purpose, to be built at Wickegkoo, the which to be 1 Albany Records; Minutes of Council, vol. iii. p. 35. 2 MSS. at Salem. 3 Penn speaks of this as a Dutch church. — Facte. 4 Tranhook, on the low lands opposite the old stone church, which was built at Wilmington about 1680. — Foote. 63 kept at the Falls, 418 CHARLES IL— JAMES, DUKE OF YORK. 1675. for the inhabitants of Passyunk, and so upwards, the said ' — ' — ' court being empowered to raise a tax for its building, and to agree upon a competent maintenance for their minister, of all which they are to give an account to the next general court, and they to the governor, for his approbation. " Signed, E. Andross." " Some convenient way to be made passable between town Roads from and town on this river ; the manner of doing it to be ordered to™ to be ^v *ne resPective courts, and likewise the charges. laid out. " That a ferry-boat be maintained and kept at the Falls, Ferry to be at the west side of this river ; a horse and man to pay two guilders, a man without horse ten stivers.1 " Strong liquors not to be sold to the Indians less than two gallons, under penalty of five shillings sterling. No corn or grain to be distilled by the inhabitants of this place, river, or bay, penalty £5. " Want of corn-mills and keeping in repair ; the justices May 25. advised to examine and have them repaired ; others to be Com-miiis. built ; tolls for grinding to be regulated ; all mills, public or private, to be encouraged."2 Complaints are made against William Tom by the inhabit- Wm.Tom. ants, who say he molests them in the enjoyment of the meadow lands next their plantations, claiming them on patent from Colonel Nicholls. A compromise is ordered. Patents of lands to be recorded on the court books of the May is. several jurisdictions ; those who have taken up and settled on Patents to be lands not yet surveyed and patented, to apply to surveyor- takerfout01 general, and have it done, and apply for patents. This order Anaross at is given by Andross, at New Castle.3 This year Richard Seays, (called See on the records,) sur- a survey, veyed the " Bennet Farm." The Seays were Huguenots.4 By letters received from Delaware, the governor and coun- Juiy3. cil are informed of a disturbance of the people there having Disturbance taken place ; " ordered, that some person be sent there about e aware, j^ aQ(j ^j^ y^ ^Q gjeg Q£ sol^JerSj or gome force."5 Arrived the ship " Griffon," Captain Griffith, having on July 5. board John Fenwick, three daughters, and the husband and children of two of them, and ten servants ; also, the wife and 1 New Castle Records, p. 51, lib. A. * Ibid. 2 New Castle Records, in Breviat, - Foote's Address to Drawyers' Church, in 1842. c Albany Records ; Council Minutes, vol. iii. p. 46. DEPUTY GOVERNOR EDMUND ANDROSS. 419 child of John Pledger, who had arrived in the first vessel, 1675. and others. Smith mentions Edward Champness, Edward ' ¦ ' Wade, Samuel Wade, John Smith and wife, Samuel Nichols, Richard Guy, Richard Noble, Richard Hancock, John Mat- July 5. lack, and others, some of whom have been mentioned as in the ^Griffon first ship, which Smith says this was. No other vessel is with John mentioned as arriving for two years. They landed near where m board'. Salem now stands, and made there a settlement. Soon after Purchases his arrival, Fenwick purchased from the Indians their right diaiigl)y and title to all the lands now known as Salem and Cumber- fenwick. land counties. The first purchase was within Salem and Old Man's Creek, the second within ^alem and Cohanzey, and the third from Cohanzey to Morris River. Fenwick considering himself as still possessing rights in the province, left London with a number of settlers, and proceeded to divide the lands, and make grants, and claimed authority as chief proprietor, in which he was soon opposed by Andross.1 (June 25.) The order of 23d of June is "respited," about the distur- Augusts bance at Delaware, and an order passed that a special warrant a warrant be sent thither for Jacob Fabricius and John Ogle, as ring- lgXat j. leaders, to make their appearance here, (New York,) to answer fabricius. the misdemeanours objected against them, touching the late disturbance. Two special warrants issue, signed and sealed by Governor August 5. Andross, against Fabricius and Ogle, reciting that the gover nor had received information from the magistrates on Dela ware, that they were principal ringleaders in the tumultuous disturbance upon 4th June last, at the town of Delaware, and had disobeyed the order set forth by the magistrates, in a riotous manner ; commanding them therefore, in the king's name, forthwith to make their personal appearance before the governor, in New York, to answer what may be objected against them on that account, as they will answer the con trary at their utmost peril. Governor Andross confirms a patent granted by Lovelace August 5. on 26th February, 1671, to Robert Tallant, for 400 acres of Kr^t grant land on south-east side of Apoquinimy Creek, "and reciting Across.7 divers mesne assignments thereof, down to Bezaliel Osburne, in fee." Quit-rent reserved to duke of four bushels wheat. " This is the first grant of land which we have, made by 1 Johnson, p. 14. Smith's N. J. p. 79. Mulford, p. 167. 420 CHARLES IL— JAMES, DUKE OF YORK. 1675. Andross : as it happens to be entered at full length, it shows ' — ' — ' the form of his grants."1 A letter signed by M. Nicholls, to Cantwell, per governor's August 7. order, speaks of " Captain Carr's meadow and land near the Dispute town, now upon sale, and in dispute betwixt the town and aboutamea- partiCular persons." The court to make a return to the go- dew between r , , . , , i • ' , . Carr and vernor, whether it was ever enclosed or improved, particularly New castie. gjnee Qarr j^ jt . -n fa mean timej to remain as it was the last seven years of the English government, before the Dutch took the place, in July, 1673. Two special warrants are sent for Fabricius and Ogle ; the warrants other persons charged as jpngleaders are to appear before ^1^ next court.2 ogie. Fabricius being directed, by special order, to make his ap- sept. 25. pearance before the governor at New York, to answer a cora- Fabricius plaint made against him by the high sheriff and court at New ptndedUftom Castle ; (Ogle falling sick, appeared not ;) it is ordered, "that his ministry. Fabricius, in respect of his being guilty, and his former irre gular life, be suspended from exercising his functions as a minister, or preaching any more within this government, either in public or private." Captain Carr's meadow having never been enclosed nor Meadow to purchased from the Indians, ordered, that it be purchased chased from ln tne duke's name, meantime to remain a common. Indians. Order of court for making dykes at New Castle confirmed, Dykes. the out people to have like commonage of the meadow ad joining the dykes they helped to make. Ordered, that the block-house at New Castle be removed, Block-house, and built on the back side of the town, about the middle of anTprisoT' it, at or near the old block-house, wherein there may be a atNewCas- court-house and a prison. A purchase is made, in the name of Edmund Andross, October 3. for the duke, from Mamarakickan, Auricktan, Sackoque- Purchase wano, and Nanneckos, " the true sachems and lawful Indian from In dians near proprietors of all that tract of land on west side of Delaware, Delaware °f Degmning at a creek next to the Cold Spring, somewhat above Mattinicum Island, about eight or nine miles below the Falls, and as far above said falls as the other is below them, or fur ther that way, as may be agreed upon, to some remarkable place, for the more certain bounds ; as also all the islands in Delaware River, within the above limits, below and above the 1 N. Y. Records, in Breviat, p. 42. * Ibid. DEPUTY GOVERNOR EDMUND ANDROSS. 421 Falls, (except only one island, called Peter Airicks's Island,) 1675. together with all lands, soils, woods, &c, without any reser- ' — ¦ — ' vation of herbage or trees, or any thing growing or being thereon ; consideration, a certain sum of wampum, and other goods to them in hand paid." The deed is witnessed by twelve Christians, and with it is a schedule of the goods ;a viz. 60 fathoms wampum, 6 duffile coats, 6 blankets, 6 coats of dingam, 6 shirts, one-half anker of powder, 6 guns, 6 shovels, 30 axes, 50 knives, 2 ankers of rum, 50 looking- glasses, 50 hoes, 20 pair stockings, 10 pair shoes, 100 tobacco pipes, 1 pound of paint, 100 awls, and 100 jew's-harps.2 In expectation of a quarrel with the Indians, Governor Nov. io. Andross offers his friendly aid to the governor of Maryland. Various grants of land are made by Andross, on George's Nov. & Dec. Creek; near "Whorekill on Rehoboth Bay," showing that Grantsof " Whorekill" is the name of a district ; " on Skillpades-kill, Iand- extending out of Christina Creek ;" to Morris Liston, on fork of Cedar Creek, 150 acres ; Apoquinimy and others, in par cels of 150 to 1280 acres ; quit-rent, one bushel of wheat per 100 acres.3 The council at New York taking into consideration a letter Dec. is. from Captain Cantwell, " concerning the arrival of Mr. Fen- Fenwick's wick and others at Delaware, with their pretences, resolved, Pretenswiis- 3 *¦ J • 3 Has no right that Mr. Fenwick having no order, (which, if he had, ought toiand. to have been brought first and recorded here,) is not to be a*u";'Bpay received as owner or proprietor of any land whatever in De laware, but to be used civilly, paying all duties as others his majesty's subjects in those parts ; and if he, or any of the persons that come with him desire land to the westward, that there be assigned them fitting proportions as to others, and due return made of the surveys."4 " As to any privilege or freedom of customs, or trading on the no privileges eastern shore, none to be allowed in any case, to the smallest ™ f^°™ vessel, boat, or person." east side. " The magistrates and chief officers are to be very careful Magistrates that there be no abuse committed on the eastern shore, under ^ ^uses.M any pretence whatever, contrary to the above." "As to the customs, New Castle to pay but as New York, customs at 2 per cent., &c, but above the town, or any other place in ^taasat the bay or river, except Whorekill, to pay the addition of New York. 1 N. Y. Records, in Breviat, p. 42. 2 Gordon, p. 37. 3 N. Y. Records, in Breviat. ¦» New Castle Records, p. 41. 2N 422 CHARLES IL— JAMES, DUKE OF YORK. 1675. 3 per cent., as per regulations. By order of governor and "~~ , — ' council. Matthias Nicholls, jun."1 The governor of Maryland was engaged in war with the Dec. 20. Susquehanna Indians. Governor Andross writes him on the* war be- subject. Cantwell is directed by Andross to comply strictly tween Mary- tQ ^jg ariiel Pegg, and is the ground on which now stands the ties. Northern Liberties.2 (March 23.) An injunction is granted by Andross, in New York, upon June i. a petition in equity to him, to stay execution on a judgment a judgment obtained at law, in the court of New Castle, by William Tom andexecu- against Hendrick Jansen; on Jansen's giving security to pended by make good his complaint, execution to be suspended, and all Andross. proceedings, writings, and proofs to be transmitted to New York for a final determination in equity.8 By "an indenture quintipartite," so called from the per- juiy ii. sons engaged in it, viz. Sir George Carteret, on the one part, New Jersey and William Penn, Gawen Lawrie, Nicholas Lucas, and Ed- dividedinto ward Byllinge, on the other, a division of the territory dif- west. ferent from that made by second grant of Duke of York took place, dividing the province into East and West Jersey. After this division, Byllinge and his trustees reconveyed the share that had belonged to Fenwick, giving it to Eldridge and Warner in fee, and they were thus admitted as pro prietors. Fenwick complained of his lessees, and directly accused William Penn and his associates of having concerted a plan to deprive him of his property and rights.4 (July 1.) Three persons were appointed as commissioners, by Byllinge August 28. and his trustees, and Eldridge and Warner, with authority to commission- act, under instructions, for their constituents, to endeavour to pointed in remove the difficulties with Fenwick, and have the lands di- New Jersey, vided as intended by agreement between Fenwick and Byl- 1 Upland Records, p. 72. 2 N. Y. Records, in Breviat, p. 44. Watson, vol. i. p. 439. 3 N. Y. Records, in Breviat, p. 45. * Mickle, p. 30. Mulford, pp. 170—171. DEPUTY GOVERNOR EDMUND ANDROSS. 425 linge, if not to let it be known that Fenwick had not power 1676. of the persons or estates of any, nor authority to act without ' — r~^ consent of Eldridge and Warner. The commissioners were authorized to purchase and take up ninety parts for use of Penn, Lawrie, and Lucas, and ten for Eldridge and Warner. Fenwick continued to assert his rights as proprietor, in re gard to property and government, the commissioners there fore published the facts, but their authority was soon super seded by the proprietary .government.1 The governor and council of New York, on petitions of Augusts. Laurence Caroli, of Delaware, concerning a mare, and another Appeal from for selling strong liquors to Indians, in which Carolus was ^e0a8tle cast at the court of New Castle, and appealed to New York York. for relief, order that the petitions, proceedings, judgment of court, and attestations delivered in at New York, be sent to the court at New Castle, who are to return them back, with their answer, to the governor, and in the mean time, execu tion be stopped. On a complaint of Peter Gronendyke, of Whorekill, of Another wrong done him by the court there, in a suit for some tobacco, ^ jury™' where complainant was cast, and the president of the court, and court , • n t. , , i-i-ii. t convinced of and six ot seven of the jury acknowledged their proceedings error. erroneous, and desired their verdict might be annulled, and yet the president gave out afterwards execution against com plainant ; it is ordered, on complainant's giving security, that the president of the court, some of the jury, and the prose cutor, appear at next general court of assize at New York. Captain Cantwell is ' ordered to endeavour to make up a August 7. contest between Maryland and the Susquehanna Indians, and Maryiandana acquaint the governor of Maryland thereof.2 susguehan- The governor grants a pass at New York to a Frenchman, by name John Turcoat, and four or five of his countrymen, August 20. to proceed " to Delaware River or Bay, and the south parts Pass to a thereabouts, being intended to hunt that way and return I'rencIimai1- again."3 Captain Cantwell to be " checked" for raising so rash an August 21. alarm at Delaware, but nevertheless to inquire the meaning ^india™ of the Susquehannas coming in.4 create John Collier is commissioned by Governor Andross " to be alam' commander in Delaware Bay and River ; you are therefore to sept. 23. 1 Mickle, p. 30. Mulford, pp. 170—171. ! N. Y. Records, in Breviat, p. 45. a Ibid. 4 Ibid. 54 2 ir 2 426 CHARLES II. —JAMES, DUKE OF YORK. 1676. take care that the militia in the several places be well armed, w"v ' duly exercised, and kept in good order and discipline, and the officers and soldiers thereof are required to obey you as commission their commander, and yourself to observe such orders and uer^com- directions as you shall from time to time receive from me or mander and other your superior officers, according to the rules and dis- quitrents cipline of war, and the trust reposed in you."1 and of cus- Captain Collier is also appointed sub-collector of customs at New Castle, and receiver of the quit-rents or other re- venues there, and on the river and bay. Peter Cock, Peter Rambo, Israel Helm, LaesAndriesson, Oct. 3. Wolle Swain, and Otto Earnest Cock, are appointed justices justices of of the peace in the jurisdiction of Delaware River and de- ver mdBay" pendencies ; any three or more to be a court of judicature for one year. John Moll, Henry Ward, William Tom, Foppe Outhout, justices of John paul Jaquet, and Garrel Otto, justices of the peace for New Castle and dependencies ; any three or more to be a court of judicature. Ephraim Herman, clerk of the courts of New Castle and cierk of Upland; and on 10th October, the oath of office being ad- oathadmi- niinistered, by dedimus, by Captains Cantwell and Collier, nistered. to the justices of New Castle, they are established in their places.2 Governor Andross directs Captain John Collier " to go to comer to go Maryland, either from Whorekill or Delaware, about making iana'ary' up a difference which Maryland had with the Susquehanna Indians. Indians ; then return to New Castle." He is to prevent all ' interlopers or irregular traders, contrary to law and the pri vileges and inhabitants of New York and New Castle ; keep due accounts of customs and all other public revenues ; ren der accounts every three months.3 Governor Andross, by letter, advises governor of Maryland Sept. 25. "to a friendship with the Susquehanna Indians." Captain Cantwell is fined 200 guilders, to use of the king, oh complaint of Captain Hans Juriansen, for abusing and striking him in his own house, and " both parties to lay by all animosities for the future." The following instructions were given by Governor Andross, respecting courts and other matters on Delaware : 1 New Castle Records, p. 5. Reg. Penns. vol. iv. p. 56. 2 iWd. 3 Ibi(J, DEPUTY GOVERNOR EDMUND ANDROSS. 427 "Whereas the last year, at my being at Delaware, upon 1676. application of the inhabitants, representing that my prede- ' — ¦ — ' cessor, Governor Lovelace, had begun to make a regulation for the due administration of justice according to the laws of Sept. 25. this government, pursuant to which I did appoint some ma- Governor gistrates, and make some rules for their proceedings, the Year •4n*roas ....... .. o ? ./ makes some ensuing, or till further order, in which having maturely de- alterations liberated, by the advice of my council, made some alterations Iespeoti°g .„„,/. J ' courts, &c. m form following : "1st. That the books of laws established by his royal New York highness, and practised in New York and Long Island, be laws t0 te ™ likewise in force and practice in this river and precincts, ex- with certain cept the constable's courts, county rates, and some other excePtions- things peculiar to Long Island and the militia, as now ordered to remain in the king, but that a constable be yearly, in each constables. place, chosen for the preservation of his majesty's peace, with all other powers as directed by law. " 2d. That there be three courts held in the several parts Three courts of the river and bay, as formerly, viz. one in New Castle, one ™ th8 above at Upland, another below at Whorekill. " 3d. That the courts consist of justices of the peace, courts to whereof three to make a ' coram,' and to have power of a J™^01 court of sessions, and decide all matters under £20, without Quorum. appeal, in which court the eldest justice to preside, unless ^H s'£20 otherwise agreed amongst themselves. Above £20, and for no appeal. crime, extending to life, limb, and banishment, to admit of appeal to the court of assizes. "4th. That all small matters under the value of £5, may No jury be determined by the court without a jury, unless desired by auder £s' the parties, as also matters of equity. " 5th. That the court for New Castle be held once a month, Time of to begin the first Tuesday in each month ; and the court for ^°^s Upland and the Whorekill quarterly, and begin the second Tuesday of the month, or oftener if occasion. "6th. That all necessary by-laws or orders (not repugnant orders of to the laws of the governor) made by said courts, be of force J™^ *° bf> and binding for the space of one whole year, in the several places where made, they giving an account thereof to the governor by the first opportunity, and that no fines be made or imposed but by order of court. " 7th. That the several courts have power to regulate the 428 1676. High sheriff and two un der sheriffs. Books for record. Clerk. Writs, &c. to be in name of hia ma jesty. No rates or levies with out gover nor's appro bation. Arbitrations recommend ed in small matters. CHARLES II.— JAMES, DUKE OF YORE. court and officers' fees, not to exceed the rates in the book of laws, nor to be under half the value therein expressed. " 8th. That there be a high sheriff for the town of New Castle, river and bay, and that the said high sheriff have power to make an under-sheriff or marshal, being a fit person, and for whom he will be responsible, to be approved by the court ; but the sheriff, as in England, and according to that now practised on Long Island, to act as a principal officer for the execution of the laws, but not as a justice of peace or magistrate. " 9th. That there be fitting books provided for the records, in which all judicial proceedings to be duly and fairly en tered, as also publicly orders from the governor, and the names of the magistrates and officers authorized, with the time of their admission ; the said records to be kept in Eng lish, to which all persons concerned may have recourse at due and seasonable times. " 10th. That a fit person for dark, when vacant, be recom mended by each court to the governor for his approbation, in whose hands the said records are to be kept. " 11th. That all writs, warrants, and proceedings at law shall be in his majesty's name, it having been practised in the government ever since the first writing of the law book, and it being his royal highness's special pleasure and order. " 12th. That no rates be imposed, or levies of money made within the town of New Castle, river or bay, by any, under what denomination soever, without the approbation of the governor, unless upon extraordinary occasions, in case of ne cessity, of which the governor to have present notice and account sent him. That upon the levy of any rates, there be a fair account kept both of the receipts and disbursements, which account to be given in to the courts, there to be passed, and then sent to the governor, for his allowance, until which not to be a sufficient discharge. "Whereas, by this regulation, there are no overseers ap pointed, no constables' courts, but all matters to be deter mined by the justices, I do therefore recommend the compo sure, or referring to arbitration, of as many matters, particularly under the value of £5, as may properly be de termined that way, provided it may be by consent of parties. " That any person desiring land make application to the court in whose bounds it is, who are required to sit- once a DEPUTY GOVERNOR EDMUND ANDROSS. 429 month, or oftener, if there be occasion, to give order therein, 1676. certify to the governor for any land not taken up and im- ' — ¦ — ' proved, fit proportions, not exceeding 50 acres per head, unless upon extraordinary occasions, where they see good course to to cause for it, which certificate to be a sufiicient authority or Pursuei1 - ^ when lands warrant tor the surveyor to survey the same, and with the are wanted. surveyor's return to be sent to New York for the governor's approbation. That in the certificates be specified how much upland and meadow, with due regard that each may have a proportionable share, according to the place they are in, landward. Given, &c, September 25, 1676, at New York. " E. Andross."1 A special court does not consider a verbal commitment by Sept. 26. Captain Billop lawful, he having no commission. About this time, it would thus appear, that the courts were more completely organized, although, as has before been stated, courts of some kind had been held as early as 1675, probably earlier, as it is said above, that " Lovelace had be gun to make regulations for the due administration of justice." It is to be regretted that their early minutes are not at pre sent to be found. The only records that we have seen are those of New Castle, commencing October 10, 1676, and of Upland, November 14, 1676. As allusions are made in the " Breviat" to those of Kent and Sussex, they were no doubt .in existence in 1735, at the trial between Penn and Lord Baltimore. As the courts took cognisance of all matters re lating as well to church as state, they furnish many facts which would otherwise have been lost, and of which, for a few years, we shall avail ourselves. It appears they exercised jurisdiction over both sides of the river ; from them appeals were made to the courts at New York, and occasionally from these to those on the Delaware. A special warrant against Major Fenwick is directed, by Sept. 25. the governor, to Edmund Cantwell, sheriff, reciting that Major complaints Fenwick " pretends to be proprietor of the east side of Del- j^^ aware, and has acted accordingly, granting lands, dispossess- To i» s<™- ing persons, selling their lands, arrogating power of judicature, New York. and giving out licenses for distilling, contrary to the order settled in the river, whereby he has wronged some persons from other parts, and distracts the minds of the inhabitants 1 Upland Court Records ; held by authority of Charles II., commencing Nov. 14, 1676, (in possession of Albanus Logan, Esq.) 430 CHARLES II.— JAMES, DUKE OF YORK. 1676. throughout the whole river and bay, not having any lawful ' — ' — ' power and authority." Sheriff is to repair to the other side, inquire into the truth, and forewarn the people of their dan ger ; if Fenwick has thus acted, summon him, in his majesty's name, to appear and answer before the governor and council at New York, at his utmost peril. In case of opposition, all his majesty's subjects are to aid. Helmanus Wiltbank, Edward Southerne, Alexander Moles- october 26. tyn, John King, and Paul Mush, are commissioned as justices of the peace, at Whorekill and dependencies, (three to be a court,) for one year or further order. John Avery is ap pointed captain of a foot company, and John Roach, ensign.1 The justices of New Castle refer various matters to the Nov. 8. governor's consideration, and petition for a remedy. They Petition of ask him to remove from the law book all that does not relate tates^ *° th13 river 5 tne7 think it will be burdensome to the militia New castie to watch ; they ask for a lesser seal for their offices, as it is reiattnTtT inconvenient to send papers and instruments to neighbouring several mat- colonies ; want a prison for debtors, fugitives and malefactors, vessels going ^° often escape ; propose 40 guilders for wolf scalps. "LUT* Lastly, they " are constrained to ask, that in case of sloops and vessels be henceforth permitted to go up and down the river, trading with the people, and getting all the ready and best pay, (as they now do,) that this place will in a short time be deserted, and come to nothing, which then will make this river as bad as Maryland, for the merchants and traders here duly supply the people their wants in the summer, trusting to be paid out of the crop they are putting by. The said sloops and vessels little regarding the 3 per cent, customs, inconsi derable, as now the ketch and sloop are both gone up, (taking the opportunity of Captain Collier, going to him and C. Clark, whom he had deputed in his absence ;) went up the river without clearing or paying any custom at Whorekill, which quite disheartens the people and new-comers here; wherefore we, in all humility, entreat your honour, (consider ing necessity first,) to prohibit the going of vessels whatsoever up the river, up and down the river and bay, on said account, as it was in the time of your honour's predecessors, and that likewise this town, as being the only medium and best place, may be the only place of loading and unloading, and keeping of stores for all merchandise ; and that your honour will please 1 New Castle Records and Breviat. down, &c. ness for the courts. DEPUTY GOVERNOR EDMUND ANDROSS. to order a public weigh-house and storehouse to be erected, which will very much encourage tradesmen and merchants to resort hither ; this place will not only be populated, but also the whole river will thrive by it."1 The justices ask the governor to confirm the order of the nov.m last court about wolf scalps, and inquire how the court charges Little bud are to be made when the parties are not to be found ; " con sidering that we live at great distances from said court place, and the amercements, (by reason of the small number of ac tions,) amounting to little, and that your honour will empower us, so that the old debts of the court, together with the debts since your government, may be satisfied." Israel Helm, who has often been employed by Captain Cantwell as interpreter with the Indians, applies for recom pense. Also, Neills Laerson, " for expenses of keeping court, and justices' diet." " Several letters being read concerning .Major John Fen- Nov. 39. wick's actings in New Jersey, on east side of Delaware, by Major Fen- his granting patents, refusing to obey the governor's special ^ *° be warrants, &c, resolved, it importing the king's service, and good and quiet of these parts and inhabitants, that he be sent for with the first convenience, and if there be occasion, that the commander and magistrates at Delaware do use force for seizing and sending him hither." " Upon complaint of John Paul Jacquet, that he is dis possessed by Major Fenwick, ordered, that said John Paul Jacquet be repossessed of what land he was in possession of on the east side of Delaware River." " The court to take order about it, and if occasion, the commander to assist them." " There being no lawful authority for Major John Fen- wick's giving them patents, it is not thought fit to return them, but the persons to have their remedy at law."2 The governor writes to the commander and court at Dela- Dec. 3. ware, in answer to theirs of the 8th, as follows : " I have received your letters of the 8th November, by the Major Fen- express sent hither, with several other papers and writings ^enby" relating unto Major John Fenwick's actings on the east side force, and of Delaware River, by his granting patents for land, and re- ™^° ^eJ fusing to obey my special warrant, &c. ; as also touching no right to , . , ^ . , 1 • , i -, . issue patents your more particular affairs ; whereupon, having taken advice for iand 1 New Castle Records. s Albany Records; Minutes of Council, vol. i. 432 CHARLES II.— JAMES, DUKE OF YORK. 1676. of my council, I have thought fit, (it importing his majesty's ' — ' — ' service, and the good and quiet of those parts and inhabit ants,) that Major John Fenwick be sent hither with the first convenience, and if {here be occasion, that the commander, and you, the magistrates, do use force for seizing upon and sending him; and there being no lawful authority for his giving forth patents for land, those sent hither are not to be returned back for the present, but the persons who have paid their moneys for them may have their remedy at law against the person that gave them, before he depart out of custody. " As for Jean Paul Jaquet, who hath been dispossessed of jean Paul some land on the east side of Delaware River, of. which he be'r'eptss'ess- was *n possession at the last coming in of the English go- ed of lands, vernment, he is to be repossessed, and you are to take order about it, and if occasion, the commander "is to assist therein. " The inhabitants of the town of New Castle, (and within watch at i • usetheir for justices of the peace everywhere. own. "You may cause a prison to be built in the fort, and the sheriff is to be responsible for prisoners. woif scalps. " Order for killing wolves is confirmed. " Fines for the current year, and for two years last past, (since the English government,) are to go to be applied to public uses, sheriff to receive five shillings in the pound for collecting and levying ; extraordinary charges to be allowed by court. A levy authorized of Id. per £ on every man's estate, towards paying public expenses. Care to be taken that no vessels go above New Castle to trade. A weigh- house allowed at New Castle, and an officer to be appointed and sworn. The Susquehannas to be treated in a friendly way, if they apply."1 "At a meeting of the commander and justices, held for Dec. is. town of New Castle, Friday, 8th December, 1676, present, proceedings J0hn Collier, commander, John Moll, William Tom, Foppe Fenwick. Outhout, and John Paul Jaquet, justices — Captain John Col lier, by his speech, declared to the court, that in pursuance of his honour the governor's orders to him, he had, on the 1 New Castle Records. DEPUTY GOVERNOR EDMUND ANDROSS. 433 4th past, sent a friendly and civil letter, with the under- 1676. sheriff, to Major John Fenwick, showing that he had received ' — r~' orders from his said honour, and desired him to come to New Castle, upon which the said Fenwick sent a letter in answer, refusing to come, &c, as by the said letter, produced in court, a^aMsf"188 more plainly did appear ; further declaring that he, the said F™wick> Captain Collier, had been, in his own person, on the 7th past, °" with the said Fenwick at his house, where coming, none of his company were suffered to come in the house but himself, when he delivered to the said Fenwick in substance as fol- loweth : " That he the said Collier had not questioned, but accord ing to his letter sent the 4th past, but that he would have come over with the under-sheriff, or at leastwise have sent a more satisfactory answer, but since he the said Fenwick still stood out, by which he had given him the trouble to coin^e over in person, did therefore give him to understand that it was his honour the governor's order to have him the said Fenwick to come and appear before him and council at New York, which long before he had understood by his said ho nour's special warrant sent to him, and therefore desired him now, in all civility, without further trouble, to obey the said orders, there being now a fit opportunity for his going. " Upon which Major Fenwick replied, that he did not know that the governor of New York had any thing to do with him, and that he would obey nothing but what should come from his majesty the king, or his highness the Duke of York, and was resolved not to leave his house without he was car ried away, either dead or alive, and if any one durst come to take him, it was at their peril, and he would do their busi ness ; and after the said Captain Collier went out, suffered him not to come in again, but keeping his door double-bolted, spoke to him out of a small scuttle-hole at the end of the house. " Captain Collier declaring further to the court that he, seeing that the said Major Fenwick was, and continued so refractory, and stood upon his defence, and further consider ing that the magistrates, by his honour's order, were equally in the business concerned with him, thought best to take their advice before he would proceed to rigour, which was now the occasion of calling this court, &c. " The court having considered and maturely deliberated 55 20 434 CHARLES II.— JAMES, DUKE OF YORK. 1676. upon the orders from his honour the governor to them; and ' — ' — ' also the orders from his honour the governor to Captain John Collier in particular, do judge it necessary, since the said Proceedings Fenwick, in contempt of his honour's orders, stands out upon against jjjs peril, that force be used, and he the said Fenwick taken Fenwick, X- » , • , • , i i. i n continued, and sent to York to his honour, with the first sloop ; for the doing whereof they are willing to give forth their war rants, &c." " The warrant given forth by the commander and justices for the apprehending of Major Fenwick : " By the commander and court at New Castle, in Dela- r>ec. is. ware — These are, in his majesty's name, to empower and warrant for appoint you, Lieutenant Johannes De Haes, Mr. Michael arre^and Baron, and Mr. George More, under-sheriff of this place, to guaranty to levy twelve soldiers out of any of the militia of this river, case"of mT an^ w^th them to repair to the house of Major John Fenwick, being kuied. an(j him the said Fenwick to bring by force before us, to this town of New Castle, upon Delaware, giving and hereby granting unto you, and every of you, full power and authority to pull down, break, burn, or destroy the said house, for the apprehending of him the said Fenwick, and further to act and use all or any forcible act or acts, as the expediency of the time shall offer to your judgments, withal giving and hereby granting to you, and every of you, and every re spective soldier under you, full power, in case of resistance, or presenting of any gun or guns to your detriment, to fire upon him the said Fenwick, or any others so presenting, or intending to shoot ; and if, in case he the said Fenwick, or any others resisting, shall happen to be killed, you and every of you shall be hereby absolutely and freely discharged, and held innocent, as being done in pursuance of the duke's lieu tenant's order, and of his by his honour's order recommended. Given under our hands, at New Castle, in Delaware, this 8th day of December, 1676. Signed, " John Collier, Foppe Outhqut, " John Moll, Jean Paul Jaquet."1 " William Tom, The result of this was that Fenwick yielded, and was taken prisoner to New York. ' New Castle Records, p. 35. DEPUTY GOVERNOR EDMUND ANDROSS. 435 1677. A suit is commenced at New Castle against a person for January. pulling down a house and destroying it, on the east side of Decision the river. The court decides "that the defendant engage, al,outPu11- ....... Oo7 mg down a m one month, to build on the same ground a better house, house on with windows and doors in the same, and pay costs of suit."1 east3ideof 1 •/ liver. A highway to be cleared between New Castle and Apo- Eoads. quinimy.2 Thomas Molestyn sworn in under-sheriff, marshal, and crier under- of the court. sneriff- "Resolved, by the commander and court, that a prison, February is. with a dungeon under it, be built in the fort, with all expedi- a prison tion. Also a weigh-house to be built with the like expedition, ™"™^ in some convenient place near the water side ; the manner bunt at Now of building the same is left to the contrivance and ordering ^eigh- S° of Captain John Collier and Mr. Moll."3 *°™<>- The court at New Castle ask for further powers ; they say court ask that some of the watchers will fall within, and some without TOnous pow" 7 ers. the mile ; those within will complain if those just outside do not watchers. watch; Swanewick is within the mile. "As to the levy of l°r£W' Id. in the £, the people live so far distant, and their estates, Poii-tax. for the most part, so inconsiderable, that we can find no con- pereonTnot venient way to discover the value of their estates, and if togotoeast discovered, to bring it in a valuable manner to receive." tickets! They propose to the governor to allow of a levy to be laid by Penaity. the poll, as those of Virginia and Maryland. Ask that wills na Indians. may be proved before court or commander, and they grant letters of administration, with the fees, as estates are gene rally too small to bear expense of going to New York ; liberty to nominate vendue master, or authorize court. Also that the valley above the town, lately belonging to John Carr, &c, by his honour given to the town for a common, may be a stinted common, to be shut up the 1st of May, and opened again the last of July, and that every individual burgher have his equal share therein, and their parts being laid out, the survevor then to draw lots for their share, and no man put ' in more than another ; likewise that all persons who shall be concerned in said common, be obliged to maintain the dyke and fence, with the sluice, and keep them in repair ; and if any one refuse, then to lose their said commonage." That 1 New Castle Records, p. 10. * Ibid. p. 46. 3 Ibid. p. 70. 436 CHARLES II.— JAMES, DUKE OF YORK. 1677. an order be set forth, forbidding transporting or lending a ' — ' — ' vessel to any strange persons, to go over to the east side of this river, without a ticket from a magistrate, as also servants, upon penalty that every such person so setting over or con veying any person who shall be a fugitive and in debt, shall be liable to make good the debts, and if a servant, make good the time of his servitude to the master. "Your honour may be pleased to consider that if such order be not made, (when the alteration of the government cometh on the other side,) we shall not be able to keep any servants on this side." Lastly, respecting justices' courts, (if only one,) to make up levies.1 " The Susquehannas have not been here, but passed up on the back side, and went up the river." This letter is signed by Ephraim Herman.2 Marks of cattle are now recorded. A suit, in which Stephen Juriansen is plaintiff, and Major Apriii3&i4. John Fenwick, defendant, for attachment upon defendant's effects for £8 : " The plaintiff declares that he was deceived by the defend- Suit against ant, who sold him land without having any right to the same, Fenwick for for tiie gum 0f £\2, whereupon the plaintiff hath paid him having no ' £6, as by the defendant's receipt appears, the plaintiff's bill nght to it. remaining in the defendant's hands yet for the full £12, so that the plaintiff hath attached some part of the defendant's estate, desiring that the said attached goods might be put for sale, for the repayment of the plaintiff's £6, and likewise that the plaintiff might be, by order of court, cleared of his bill in the defendant's hands. " The court orders, that since Major Fenwick is as yet a Fenwick in prisoner in New York, action shall be suspended until next NewYork. court. In the mean time, the bill to be allowed, and the plaintiff's attachment to be preferred, and in case the defend ant do not make defence, either by himself or attorney, at the next court, then it will be taken into further considera tion."3 Several other suits, of the same nature, against him, are suspended for the same reason ; and again, in June 6th, and September, on 26th of which month the plaintiffs declared they had agreed with defendant. "Emilius De Bingh complains to the court, at New Cas- Apriiu. tie, that a number of persons, of whom he furnishes a list, ¦ New Castle Records, p. 72. 2 Ibid. vol. A. p. 72. 8 Ibid. p. 77. DEPUTY GOVERNOR EDMUND ANDROSS. had promised to contribute to his maintenance as a reader in the Christ Church, (New Castle,) with an order of court, May 10, 1675, and another of November 11, last past, and that, notwithstanding, he cannot receive his promised main- a reader of tenance ; the court confirm the order to the sheriff to levv ^riBt , J Church sues the money of the unwilling, by distress."1 &r his main- The Upland court was held at Niels Laersen's house ; the tenance' expenses were 100 guilders.2 March 23. Governor, in answer to their petition of Sth February, April ie. orders the court that none watch in the town or fort but such Governor as live in or near it, unless on alarm or extraordinary occa- S™ powers sions. Poll-tax to be laid, and fines granted for public to the court, charges. Courts to grant administration under £20 ; above, ^Stra to be recorded in New York ; to recommend vendue-master ; tion. fees to be 6 per cent and a crier. The commons to be regu- ¦w?atoh\*g, lated by the town ; persons leaving the government to set up Bunaways. their names where they live, and also in New Castle and New York ; in default, and persons assisting their departure, to be liable to the penalty, and any servants, prisoner, or criminal, running away, to be pursued by hue and cry as usual. Li berty granted for sloops, &c. going up the river, as formerly, for this year's effects or debts. "Five guns, thirty hoes, and Balance due one anker of rum, the remainder of the pay for the lands at Purch^°of the Falls, to be forthwith paid to the Indians ; the remaining ianiJ> to be part of the land betwixt the old and new purchase, as also purchase™ the island called Peter Alricks, or so much as is not already °rdered- purchased, (and the Indians will part with,) to be bought of them, for which Captain Israel Helm is to inquire for the owners, and if they will be reasonable, to bring them to the commander and court at New Castle, for agreeing, concluding, and confirming a bargain thereof."3 " At a special meeting of the commander and justices, held May 25. at New Castle, upon information of Colonel Coursey's coming Alarm at with a considerable party of men, as an agent or ambassador ^f^f5 going to New York." Mr. Dunston coming lately from coursey. Maryland, being sent in court and examined, declared upon ^^J,™" oath, " that last Friday, he, the deponent, was at the house of Colonel Coursey, in Maryland, and heard then there that Colonel Coursey was to set out the Monday following, and that there was a report that a great many gentlemen, and 1 New Castle Records, p. 85. 2 Upland Court Records. 3 New Castle Records, p. 115, lib. A. 2o2 438 1677. Court ap points churchwardens. May 29. Order re spectingpleading at torneys.Swedes'churchbuilt. Rev. J. Fab ricius ac cepts the charge of Wiccacochurch, and preaches his first sermon. CHARLES II.— JAMES, DUKE OF YORK. their attendants, were to come with him hither, and that they were warned to be ready against Monday aforesaid; and further saith not." " The commander and court having received, by several persons, intelligence of the said Colonel Coursey's coming here, and not knowing certainly upon what account, thought it therefore necessary to order that Captain Cantwell summon his company of the militia to appear, with their arms and ammunition, on the morrow, at 7 o'clock, at the fort in this town, there to be upon their guard, and receive such further orders as shall be found necessary." " It being further, by the commander and court, considered, that in case Colonel Coursey sends in and gives notice afore- hand of his coming, and in what quality, he then be honour ably received, and his charges borne, but if not, and that he comes in as a private person on surprisal, no notice to be taken, and he to quarter where he pleases."1 " The court further considering that the late churchwarden, Martin Rosamond, being deceased, some fit persons ought to be appointed to supply and administer the said place of said churchwarden in this town of New Castle, have therefore thought fit to appoint Mr. Hendrick Williams and Mr. John Harman to be churchwardens, in the room of the deceased, for and during the space of one year next ensuing this date."2 The governor and council "resolved and declared, that pleading attorneys be no longer allowed to practise in the government but for the depending causes." This order was for the second time read in open court, at Upland.3 It is probable, that in compliance with "the order of court in 1675, a church was erected this year at Wiccaco, and that the block-house built for defence against the Indians in 1669 was now fitted up for the purpose of worship. The first church is usually described as having "loopholes," and the early records show that the first church was erected this year. The Rev. Jacob Fabricius accepted a call to the Swedish church at Wiccaco, and preached his first sermon on Trinity Sunday ; he preached in the Dutch language. He continued with them fourteen years, nine of which he was entirely blind.4 1 New Castle Records, pp. 87, 88, lib. A. 8 Upland Court Records, and New Castle Records, p. 133, lib. A. 4 Clay, p. 38. 2 Ibid. DEPUTY GOVERNOR EDMUND ANDROSS. This is probably the same gentleman whose name has already frequently before appeared ; of course the order of suspension must have been withdrawn ; his future conduct appears to have been very satisfactory. John Mathews admitted as an attorney, and takes oath June is. " not to exact unallowed fees, not to take fees from both Attorneys plaintiff and defendant, and that he will not take any appa- oath- rent unjust case in hand, but behave as all attorneys ought to do."1 The court "appointed Cornelis Post viewer and packer of June 17. tobacco in this town and precincts thereof; he was sworn inspector of accordingly ; salary, in case he packs tobacco with the help P°0^a.ap" of another to hand him, 3 guilders, and without help, 4 ^es. guilders per hogshead, and for receiving, 1 guilder, if good, and if refused, 10 stivers per hogshead."2 In reply to the governor's answer of 6th April, which was June is. now read, the court say, as to the watch, none live in the The court town but at Swanewick, and if they are exempted, most of answ" ZT. y * sr 7 Ternors let- the town will flee thither ; they therefore ask for a small ter. Ask for number of soldiers to watch the fort, who may be serviceable B°l^s to at all times to the commander and court, as formerly allowed, " for we humbly conceive there is no keeping a fort without soldiers." A levy by poll cannot be laid without a general meeting or high court of all the justices once a year ; there fore they ask one for September. They appoint John Moll J- MolI> trea- treasurer, and ask to have his fees fixed. " Don't forget the law book ; there is great occasion for it." They thank the governor for the fines, but it will be difficult to collect them, unless the governor sends soldiers to assist the sheriff. Ephraim Harman is nominated vendue-master ; his fees ought vendue- to be more than 6 per cent. They suppose vessels going up master- the river will always make the collection of debts a pretence.3 Marshal's fees for watching a prisoner, per day, 5 guilders, Fees, &n. until the prison be made up. The crier of the court to receive for every attorney ad- Newattor- mitted and sworn in court, 12 guilders, or have a beaver. crier twei™ Meeting called at fort 16th instant, to answer proposition guilders. ,i ,,n j j> Several re- concernmg the " fly and commonage. guiations. Hogs to be ringed, as they damage the fly and commonage, ' New Castle Records, p. 96. 2 Ibid. p. 105. 3 Ibid. p. 115. surer. 440 1677. June 24. Under-sheriff. Indians at Shackamax- Court orders. Declarations. Attorneys. Clerk'ssalary.Grants of land. Case of as sault and battery. Fine for given. August 7. Commander not a judge. Court pro ceedings. August 23. Captain I?il- lop, sub- collector of customs. Clerk of permits. CHARLES IL— JAMES, DUKE OF YORK. under fine of 10 guilders ; sucking pigs to be coupled ; one- half to informer, and one-half to king.1 Jurien Hartsfelder resigns as under-sheriff, " he removing his living higher up the river." Michael Yzaird appointed under-sheriff. Lacey Cock presents an account of expenses of commander and justices ; as also for the Indians at Shackamaxon, from March 14 to 18, 1676 ; 250 guilders allowed.2 Ordered by Upland court, that all declarations must be entered at least a day before the court, as then the clerk is to attend Upland. No person to be admitted to plead for any other person as an attorney in court, without he first have his admittance of the court, or have a warrant of attorney for his so doing, from his client.3 Court allow E. Harman, as clerk, for his last year's ser vices, trouble, and expenses, 200 guilders. Several grants of land asked for on Schuylkill, Neshaniiny, and Poaquessing.4 A person is fined 210 guilders for assault and battery ; 60 to the clerk, and 150 to the sheriff; to ask forgiveness of the justice and the court for his offence, which was done. The court and sheriff gave up their share, » considering him a poor man, with a great charge of children." The governor finding that Captain Collier, the commander, goes to and sits as judge in courts, orders him to forbear doing so ; to act according to his known authority. In several cases, the jury brings in a verdict, and the courts gave a different judgment. Captain Xerper (or Christopher) Billop is appointed sub- collector of customs on Delaware ; his duty " is to see that nothing be in anyways imported or exported, but according to acts of parliament, or to make seizures, and due prosecution, and if condemned, one-third to the informer, one-third to himself, and one-third to the king. To report his proceedings to, and receive orders from the chief collector, or principal officers at New Castle, the only port for all entries and clearing."5 Ephraim Harman is appointed clerk " of the permits, en- > New Castle Records, lib. A. pp. 118—129. 2 Upland Court Records. 3 Ibid. p. 27. 4 New York Records, p. 46. 5 New Castle Records. Reg. Penns. vol. iv. p. 57. DEPUTY GOVERNOR EDMUND ANDROSS. tries, and clearings for all duties of custom in Delaware River, for which Billop is sub-collector, salary, one-third of the king's or duke's one-third of forfeitures." He is also appointed collector of quit-rents in the jurisdiction of New Castle and Upland courts. The governor issues an order requiring "all persons that order of go- have or claim any lands in Delaware River or Bav, to make," Ternorre- . , , . ' J 3 3 specting ap- witnout delay, or as soon as convenient, a due return to the piicants &r clerk of the court in whose jurisdiction the land lies, of the J,atentBfor . . . ,. 'and. quantity and situation, according to surveys, &c. ; court to return them to the governor, and " whether seated and im proved," that those wanting patents may receive them. This order to be published in the courts, and they and the sur veyor to see.it observed. Captain Christopher Billop is also appointed commander in August 24. Delaware Bay and River, with same directions about the c. Bmop, militia as those to Captain Collier last year.1 commander. By Captain Billop the governor writes to the justices, in- Letter to the forming them of his appointments, and that he is, among iustlces- other things, to "order guards and guard-places, as occasion may require, for the out-farms and plantations, and is sub- collector also." By Mr. Harman, the clerk, he sends the old oh records. records, the.confusedness or ill order of which he can noways remedy, but that Mr. Tom, the then clerk, do forthwith put the same in order, and write, or cause them to be fairly copied in a fit book, and attested by him, and answer for any defects. Governor intends "making up your court again next month, the usual time, when you may expect one of our law books. As to the penal bonds, or such like cases of equity, it is the custom and practice of courts here to hear and judge thereof according to equity, which you may ob serve is allowed by law. I find no need of a general or high Respecting court in the river, every court having power to make fitting c^s°™r rates for the highways, poor, or other necessaries, as is prac- equity. tised in England, and unless otherwise ordered by said court, the clerk proper to be receiver, and pay all by orders of court, for which you need no further authority or directions from the governor than former orders and rules for keeping due accounts, to be yearly examined and passed in court." Authorizes them to appoint a vendue-master, he giving 1 New Castle Records. Reg. Penns. vol. iv. p. 57. Upland Court Records; P. 33. 56 442 CHARLES IL— JAMES, DUKE OF YORK. 1677. good security, and not to take above 6 per cent. Take care ' — ri— ' and fitting orders for ordinaries, that there be fit persons, duly licensed and well provided, according to law, and that none else be admitted to retail.1 Walter Wharton is appointed to be surveyor on Delaware August 24. River and Bay; allowed "to receive, for surveying every 50 waiter acres and under, 10s. ; above 50 and under 100, 20*. ; above printed suT 100 and under 150, 30s., and so proportionably, and no more, veyor. His giving to the persons for whom they are surveyed a survey structions. plat and card, and making due returns to the office of records; said persons to find boat or horse, or allow it and other tra velling fitting charges : all lands to be laid out from the water side, if it may be, or so as not to hinder any, or be prejudicial to adjacent lands, and to lay out fitting highways or conve nient roads."2 The governor directs a letter to the " court" at Upland, in Andross or- which he says, " these are to desire and authorize you to treat cha^oT Wlt^1 *ne Indian proprietors for the purchase of a small tract lands from of land which I am informed is not yet purchased, and is netr "the"™5' about half a Dutch or two English miles along the river side, Fails. betwixt the land and the late purchase up to the Falls, which done, I shall forthwith take care for settling those parts."3 Owners of mill " on creek in Christina kill to have liberty wood &r 0f cutting wood for repairs."4 A constable, Walter Rowles, is appointed, whose bounds Constable are from south side of St. George's Creek to Bombay Hook, GBnTus!^ including Apoquinimy, and is ordered to take an account of tydables.5 Governor will fill up court at usual time next month, and then send the law book. " As to penal bonds, or such like cases of equity, you may judge thereof according to equity; no need of a high court." Fit persons to b'e appointed for ordinaries. Penn, and the other trustees of Byllinge, considering that August 26. the period had arrived to attempt a disposition of the lands in West Jersey, determined to appoint and send over com missioners empowered to purchase lands of the Indians, and attend to other necessary matters. Proposals were also made for the immediate sale of the lands, which soon were accepted. • New Castle Records ; Reg. Penns. vol. iv. p. 73. 8 Riid. 3 Upland Court Records, p. 51. * New Castle Records, lib. A. pp. 129, 134. 6 Riid. Kent, with commission'ers and sefr- tlers. DEPUTY GOVERNOR EDMUND ANDROSS. 443 Among the purchasers were two companies of Quakers, one 1677. consisting of persons from London, the other from Yorkshire. "-*"-' The latter were principal creditors of Byllinge, and received lands for their debts. Two commissioners were chosen from Arrival of each of these companies, viz. Thos. Olive and Daniel Wills, from thesbiP. the London, and Joseph Helmsley and Robert Stacey, from * the other/ company, and to these were added Richard Guy, then in America, John Kinsey, Benjamin Scott, John Pen- ford, and Thomas Foulke. All matters being prepared, they, with several of the proprietors, and their families and ser vants, about 230 souls, embarked in the ship Kent, Captain Gregory Marlow, and soon after proceeded to sea. On tho 16th of August they safely arrived at New Castle, and soon after landed at Raccoon Creek, at a place where a few Swedes had erected some dwellings, not sufiicient to accommodate so many persons, without resort to " cow-stalls," &c. The com missioners wishing to pay their respects to the governor at New York, landed elsewhere. Having no warrant from the duke, though they showed a conveyance from Berkley, and the governor claiming jurisdiction over the whole country, demurred to a surrender of it, though finally the commis sioners agreed to- the governor's proposal to take a warrant from him for the present, by which they were enabled to pro ceed, having joined .the body of settlers. Three purchases1 rndian were made, by the aid of Israel Helm, Peter Rambo, Lacey Purehases- Cock, and another, as interpreters, from the Indians, reaching from the Assunpink, on the north, to Old Man's Creek, on the south. The Yorkshire purchasers selected their one-tenth from the Rancocas to the Falls of Delaware; the London company selected theirs in the vicinity of Arwamus, (Glou cester,) and Timber Creek. Both companies, however, con sidering it most beneficial to unite in the settlement of a town, selected for its location Chygoes Island ; to it they gave the name of New Beverly, afterwards changed it to Bridlington, Burlington and then to Burlington, which it still retains. The lots and lald cut" streets were laid out by Richard Noble, a surveyor, who had previously arrived. The season being far advanced, winter approached before they were prepared for it, and they were compelled to live in wigwams. The Indians were friendly, and supplied them with corn and venison. John Kinsey, one 1 One on September 10 ; the second, September 27, and third, October 10. Smith's New Jersey, p. 95. 444 1677. Sept. 21. Various grants of land in dif ferent sec tions of the country. Sept. 28. October 12. October 15. Arrival of ship Martha, from Hull, with set tlers. Al lowed to pass up the river. CHARLES IL— JAMES, DUKE OF YORK. of the commissioners, died soon after arrival, and was buried at Burlington. One side of the main street leading from the river was appropriated to the Yorkshire company, and the other to the London.1 Numerous grants of land are made : to Jan Schoeten, on west side of Schuylkill, 100 acres ; Richard Ducket, east side, up above, in ditto, 100 acres ; John Mattson, Swinton, and son Dalbro, 300 at the place called Wiessakitkonk, on west side up in Schuylkill; [does not the Wissahicon take its name from this ?] Jan Claessen, Paerde Cooper, in Neshaminies Creek, 300 next to the land of James Sanderling, two miles up on east side ; Thomas Jacobse, Neshaminies, next to the above, 100 acres, and afterwards 200 acres ; Lacey Cock and James Sanderling, each 100 acres on Poequissing Creek; Captain Hans Moens, on Penipake Creek, on the side of ditto, 300 acres, &c. ; Anthony Nealson and Mickell Yzard, each 100 in the Cromkill ; Benjamin Goodsen, by lands of R. Ducket, on Schuylkill; Laers Laersen and Hans Petersen, each above the mill on Amesland Cre-ek, and the place called Moherlenling, 100 acres ; Ephraim Harman and Peter Ram bo, 300 acres, between Pennepacker Creek and Poequissing Creek, promising to seat the same.2 Census of taxable inhabitants, from 16 to 60, t.aken north and south of Christina, &c.3 t Carr's house and lot are sold for his debts; it was patented to him by Lovelace, in 1671. The ship Martha,4 Thomas Wharcup, master, arrives from Hull. The captain asks permission to go up the river with his passengers, (114 in number,) and utensils, having no goods on board. Billop, sub-collector, asks advice of the court, " whether it was proper to let the ship pass above town." The court having received Captain Dyer's letters to Thomas Olive, and the rest of his fellow-commissioners, and also to Captain Billop, are of opinion that, for the settling of the river, the ship be permitted to go up, satisfying what just dues are required. It is further the advice of the court, that • Clarkson's Life of Penn, vol. i. p. 136. Mulford, pp. 181, 1S2. Smith's N. J., where see the names of many of the first settlers, and early letters from them, giving an account of their'early difficulties. 2 Upland CourtRecords, pp. 31, 33. N. C. Records, p. 141. 3 Ibid. p. 153. 4 Smith, in his N. J., calls her the " fly-boat Martha, of Burlington, (York shire.") She brought " 114 passengers, designed to settle the Yorkshire tenth." He furnishes many of their names, and says twenty or more of them were living forty-five years afterwards ; p. 102. A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS. whereas Dr. Daniel Wells declares that Captain Dyer, at New York, remitted the customs of 2 per cent, upon the utensils and other uncustomed goods, and the master declaring that he has no more on board than the value of £6 in merchan dise, but that all the rest of his loading consists in necessaries for building and settling of plantations, and that his honour the governor hath been pleased to give us the same privilege as New York, we do conceive and believe that the averment of Dr. Wells and Captain Dyer's letters abovesaid, being to the same effect, is true, and that we ought to follow the for mer precedent of the ship Kent, cleared at New York ; this our advice not being intended to obstruct Captain Billop in acting as sub-collector. October 6, 1677. 1 Messrs. Moll, P. Alricks, Tom, Outhout, Walter Wharton, October m Jacquet, and Otto, are appointed justices; Commander Bil- justices of lop to administer the oath. Newcastle. Governor Andross writes to governor of Maryland that he is going to England this month, to return in the spring, and asks "continuance of his good neighbourhood." Governor sends Captain Billop, by a sloop, a supply of October 23. musket-balls. Governor Andross, intending to depart for London, leaves Nov. 17. directions to the magistrates of Upland and Whorekill how Governor to act; appeals to be taken to the court of assizes; "extra- ffin? t0 ordinaries" to Captain Nicolls, the secretary, to be communi cated to council. He addresses the magistrates at New Castle and Whorekill ; appoints Captain Brockholls to be com mander of Fort James, New York, and dependencies, and recommends to all, great vigilance in the discharge of their duties. Helmanus Wilbank, Henry Smith, Alexander Molestyn, Nov. 20. Edward Southeren, Paul Mush, John Barkstead, and Jacob Justices of Roads, to be magistrates at Whorekill for one year ; any four orekm- or more to be a court of judicature ; in case of the absence or sickness of the first, the next to preside. Gives them " full power to act according to law and former practices."2 The ship Willing Mind, Newcomb, master, arrived from ship willing London, and dropped anchor at Elsinburg ; she brought 60 "i°d ar" or 70 passengers, some of whom settled at Salem, and some 1 New Castle Records, lib. A. p. 179. ' New Castle Records ; Reg. Penns. vol. iv. p. 74. Upland Court Records, p. 46. 2P 446 1677. Nov. 17. Oaths ad ministered. Nov. 19. Levy to pay for wolves' heads.Number of tydables.Prices of several arti cles. Nov. 20. Nov. 23. Petition of a number of persons for lands, for a settlement and town below the Palls. CHARLES II.— JAMES, DUKE OF YORK. at Burlington. The names of some of them may be seen in Smith's New Jersey.1 Commander Billop, " being not yet come from on board the ship Willing Mind," who was commissioned by the gover nor to administer the oath to the justices under their new commission, and consequently they could not hold the court, for which there was urgent occasion, Justices Moll and Alricks, who had before been sworn, administered the oath to the rest, viz. Outhout, Jacquet, and Otto.2 The number of wolves' heads brought in was 55, at 40 guilders, 2200 guilders, clerk and sheriff, 925, making 3125 guilders, to be paid by levy on the inhabitants, 12 guilders and 10 stivers each, either in wheat at 5 guilders, rye at 4 guilders, and barley at 4 guilders per scipple ; Indian corn at 3 per scipple, tobacco at 8 stivers per pound, pork at 8, and bacon at 16 stivers per pound, or else in seawant or skins at current prices. The number of tydables in New Castle juris diction, 307, whose names are on the records.3 A great number of grants are made by Andross. Several persons unite in a petition to the court of Upland, for a considerable settlement and town "just below the Falls," on the west side of Delaware. Most of them were born in the country, and from the names are probably of Swedish origin : "Laurence Cock, Israel Helm, Moens Cock, Andreas Benckson, Ephraim Herman, Caspar Herman, S^yen Loon, John Dalbo, Jaspar Fisk, Hans Moonsen, Frederick Roomey, Erick Mulk, Gunner Rambo, Thomas Harwood, Erick Cock, Peter Jockum, Peter Cock, jun., Jan Stille, Jonas Neelsen, Oole Swensen, James Sanderling, Mathias Mathias, J. Devos ? and William Oriam, petition court, showing that they, being all inhabitants, and for the most part born and brought up in this river and parts, have a great inclination, as well for the strength of the river and parts, as for the convenience of travellers and otherways, to settle together in a town at the west side of- this river, just below the Falls, do therefore humbly request this worshipful court to move the case to the governor, that they the petitioners may have each of them, in lots laid out, one hundred acres of land, with a fit proportion of marsh, as also that a fit place for a town may be laid out in the most convenient place thereabout, with i Smith's N. J. p. 102. 3 Ibid. 2 New Castle Records, lib. A. p. 197. A. BROCKHOLES, SUBSTITUTE OF GOVERNOR ANDROSS. 447 such privileges and liberties for their encouragement as shall 1677. 'be thought fit, and that the same may be confirmed unto ' — "~"' them by his honour the governor, and the petitioners will forthwith seat accordingly, &C."1 The court answer " that they will send the petitioner's pe tition to his honour the governor, and withal move and entreat the governor in their behalf." It does not appear from these records what was the result, or whether the plan was executed. A levy for public expenses, of 26 guilders for each tydable, Nov. 23. was made by the court of Upland, payable either in wheat at Levy for ex- 5 guilders, rye and barley, 4 guilders per scipple, Indian corn Tg™me°,fts0' at 3 guilders per scipple, tobacco at 8 stivers per pound, Number ot pork, 8, and bacon at 16 stivers per pound, or also in warn- y a pum or skins, at prices current. Captain Cantwell to collect the levy, and, on default, he was empowered to distrain, and to call two neighbours. The number of tydables in Upland jurisdiction at this time was 136.2 Various grants of land are recorded about this time. On petition of Peter Rambo, desiring a grant of the court Grant to Pe- of Upland, to take up 250 acres of land between the land of terKamb0- Wiccaco and the land of Juriaen Hartsfelder, the court grant the petition to take up so much land which is not granted, taken up, or improved before this date, he improving and seating the same, according to his honour the governor's re gulations. This appears to be the land now occupied by Philadelphia. On the complaint of the Swensons, that their patent embraces the same ; the court afterwards decide in their favour.3 (See 1679.) Laer Colman, Pell Laerson, and Peter Erickson, 300 acres various near Falls of Schuylkill; Neils Laerson, granted by gover- fandbyVe nor to Justice Israel Helm, up the river, 200 acres ; Jonas comt- Neelson, in the place called " Moherhuting," above the mill, on the west side of the river, 200 acres ; James Boon, east side of a little creek which comes out of Amesland Creek, called Mohurnpati, 200 ; Jan Boolsen, 100 acres, above the mill, on Amesland Creek; Justice Otto, Ernest Cock, Jan Hendrix, and Albert Hendrix, each 200 acres, between Caleb's Creek, and the pyne tree ; Jacob Hendrix, above, on east side of Cromkill, 100-4 Captain Jans Jurgin is ordered and desired by the court Court house. ' Upland Court Records, pp. 45, 46. J Ibid. 'Ibid. p. 36. '•Ibid. p. 46. 448 1677. Grants of land. CHARLES II.— JAMES, DUKE OF YORK. to warn his men belonging to his company, and with them to fit up and finish the house of defence at Upland fit for the court to sit in, against the next court."1 Among a great number of grants of land at or about this time are found the following: to Laurentius Carolus, 350 acres near Cromkill ; Charles Jansen, 1000 acres on Naa man's Creek ; Richard Hill, 1000 acres on Mispillion Creek Peter Cock, 650 acres on Quessinawominck Creek ; to Lau rence Cock and others, 1600 acres at Cohocksinks Creek Henry Smith, 3000 acres, called Prime Hook, near Slaugh ter's Creek, by Prime Creek ; quit-rent, one bushel for 100 acres.2 Several persons this year settle in the present Bucks county. Several other vessels arrive this year with passengers ; the ship Mary, Captain Wall, and the ship Success, Captain Ni cholson. January 11. Town fort to be repaired. January 12. Wolf-pits.Death of Wm. Tom. January 19. Order in eases of bas tardy. March 17. John Yeo, an Episcopalminister, ar rives from Maryland.Licensed by court. 1678. The commander has orders to repair the fort or redoubt belonging to New Castle ; says it ought to be done by the inhabitants, and not out of king's revenue, which the court agree to pay out of any surplus.3 Wolf-pits are to be -made " to destroy the vermin, which are become so numerous." The death of William Tom is mentioned ; papers in con fusion. A woman coming from Maryland to be confined with an illegitimate child, is ordered to depart ; " and to the end for the future, no such persons may be here harboured, and that this place may not serve and be counted a shelter for whores, the inhabitants are forbid to harbour or entertain any woman enceinte coming from any place without this jurisdiction, without giving notice."4 " John Yeo, minister, being lately come out of Maryland," this day appeared in court, and " exhibited and produced his letters of orders, and license to read divine service, adminis ter the holy sacrament, and preach the word of God, accord ing to the laws and constitution of the Church of England. The court accepted said John Yeo, upon the approbation of his honour the governor, he to be maintained by the gifts of 1 Upland Court Records, p. 46, &c. ' New Castle Records, lib. A. pp. 208, 220. s Breviat, pp. 47, 48. * Ibid. lib. B. p. 30. A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS. the free, willing givers ; wherewith the said John Yeo de clared himself contented."1 What were the reasons for this gentleman leaving Mary land, does not appear. Shortly after this date, he asks the court to revive a judgment obtained in Maryland in 1675. An extract of a letter dated Patuxent, May 25, 1676, to the ^Archbishop of Canterbury, from the "Rev. John Yeo," (pro bably the same person,) says, " The province of Maryland is in a deplorable condition for want of an established minis try. Here are ten or twelve counties, in them at least 20,000 souls, and but three Protestant ministers of the Church of England. The priests are provided for, and the Quakers take care of those that are speakers, but no care is taken to build ' up churches in the Protestant religion." After furnishing a still further most gloomy picture of the state of morals in Maryland, he says, " As the Lord Baltimore is lately gone to England, I have made bold to address this to your grace, to beg that your grace would be pleased to solicit him for some established support for a Protestant ministry."2 It is therefore probable that it was partly with a view to improve his condition, that he left Maryland. If it were so, he ap pears to have been disappointed, as on the court records of next year, viz. March 4 and 5, 1679, the following proceed ings appear : " John Yeo preferring in court a petition show- John Yeo ing that the petitioner came to this place in the month of ^^8ty December, 1677, and was received as minister, to be main- salary and tained by the voluntary subscription of the inhabitants, and perciuisites- that he continued in the ministerial office until he was denied the same by Captain Billop, the then commander of this place, without any manifest proof of any crime deserving such suspension. The said petitioner, therefore, humbly de siring this court to grant him an order for a quantum meruit proportionable to the time of his, the said petitioner's preach ing to the people of this place, being one-third part of the subscription, and also for other perquisites due to him the pe titioner, for baptizing of children, marriages, and burials, &c." " The court answer, that since the petitioner, Mr. Yeo, after he had been some small time here, did then, in open congre gation in the church, voluntarily, out of his own accord, throw up the paper of the people's subscription, he saying, and openly then declaring freely to discharge them ; and if Cap- 1 New Castle Records, lib. B. p. 48. 2 Chalmers's Polit. Ann. pp. 363, 375. 57 2 p 2 450 1678. March 22. Early set tlement of Upland by six inhabit ants. Trans fer of share. Man-servant sold. Grants of land on Schuylkill.Mill on Car- coon Creek. CHARLES II.— JAMES, DUKE OF YORK. tain Billop, (as without any order he did,) has given the petitioner the subscription back, the court are of opinion that therefore the petitioner may have his remedy against him the said Captain Billop, &c. ; but as for the perquisites of mar riage, baptism, and burials, the petitioner ought to be paid for the same, which is just and equitable." At the same court, he acknowledges a deed for 800 acres/ called " Mussel Cripple," or White Clay Creek, sold by him to John Edmonds, who subsequently appears as plaintiff to a suit against Yeo. In another case, he, as an assignee, appears as plaintiff.1 Hans Juriansen Kien, of Taokannink, acknowledged a deed dated 9th instant, making over to his brother, Jonas Jur. Kien, one equal share and lot of land, in quantity equal with the shares and lots of the other inhabitants of Upland town or neighbourhood, the appurtenances lying and being in Up land aforesaid, the whole dividend or tract of land being heretofore surveyed and laid out for the six inhabitants of Upland town in general, contains 1200 acres, whereof the part and share of him, the said Hans Kien being one of the said six inhabitants, is 200 acres, as well cleared as woodland, which said 200 acres were thereby sold and made over as above, together with the housing and other appurtenances standing upon the said Hans Kien's lot of land, lying and being at Upland town aforesaid, near the creek, between the houses and lots of James Sanderling and Jurian Kien. Jonas Jur. Kien acknowledges deed, &c, for making over unto John Test, late of London, merchant, all the above ; said Jonas also conveys to John Test, a certain new block-house, by him the said Jonas built on above-named lot, near the water side of creek. Test conveys same to Marmaduke Randall, of London.2 A man-servant is sold, with his consent, to Israel Helm, for 1200 guilders, for four years. Several grants of land on Schuylkill are made : to Peter Rambo and Pelle Dalbo, on east side, 200 acres; Andreis Benksen, 200; John and Andreis Wheeler, 300; Andreis Johnson, 200 ; Lasse Dalbo, 100 acres, east side. Representations that people daily taking up land near the mill of Carcoon Creek, the said mill would be left destitute > New Castle Records, p. 243. See also Hawks's History of Episcopal Church, vol. ii. p. 50. McMahon, p. 215. 2 Upland Court Records. A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS. of any land to get timber for the use of said mill, the court ordered, that on the west side of said mill should be laid out 100 acres of land for said mill's use.1 Niel Mattsen transfers to James Sanderling, of Upland, a Transfer of certain patent granted by Governor Richard Nicholls to him, j^ a'a^a August 6, 1668, for two lots of land in Upland, at Delaware, iniom on north side of creek adjoining to Israel Helm's and Joost Daniels's land, and bounded with Villies Lace, in breadth 36 yards, which said lots have been laid out by the officers of Delaware, being unmanured and undisposed of, to the end some good improvement may be made. The court give E. Herman a certificate of excellent con- certificate of duct while in office as clerk.2 f°?C011"duct. Walter Wharton is presented " for marrying himself, or being married directly contrary to the known laws of the March 17. kingdom of England, and also of the laws and customs of presenteafor this province. The court having heard the relation of Justice ma-rryinS Garrett Otto about the same, order that Mr. Wharton answer the breach of the law, and his contempt, at the next court." He is also complained of for promising lands before grants had been made.3 Complaints are made against Commander Billop, that he March is. uses the fort as a stable, that he keeps the court-room above Biiiopmis- in the fort, and the same filled with hay and fodder ; that he r„s„mCana keeps hogs in the fort walls, and the gates locked up ; that f°rt- he hath and doth still deny and debar this court from sitting in their usual place in the fort ; that he makes use of the sol diers about his own private affairs, &c. After the dispute with the court, he promised to remove his horses. The court of New Castle request the court of Upland to March 19. arrest a person by the name of Smith, residing in the pre- Demand of cincts of the latter, under the following circumstances : He OTrt of a had been arrested at New Castle, and condemned to pay to a fugitive from Mr. Henry Ward there, 130 guilders and costs, but on his upland " humble request, he obtained the favour of us, (the court,) that court we ordered execution suspended until 8th ultimo, so that we made ourselves debtors, or at least security for him ; he being lately here, promised faithfully not to depart hence till he had fully satisfied the debt, but since, he very unworthily has broken his promise. Our request is, you will be pleased 1 Upland Court Records. 2 Ibid. 3 New Castle Records, lib. A. p. 247. 452 1678. April 13. Grant of meadow to four inha bitants of Moyamen-sinek. An insane hospital. Defamation. May 19. Further pro ceeding-* Against Fen wick. CHARLES II.— JAMES, DUKE OF YORK. to send the said Smith secure unto us, so that he may pay his debt, and answer for his bold peremptory attempt." They promise to do the like for the court at Upland, who order the high sheriff to take him into custody whenever they find him in their jurisdiction, and securely carry him to New Castle.1 The justices'^ court of Upland was held at the house of Justice Peter Cock, on Schuylkill; "a deed and mortgage entered in judgment." A grant by the court, to Lasse Andreas, Oole Stille, An dreas Bencksen, and John Mattsen, inhabitants of Moyamen- sinck, to take up 25 acres each of marsh or meadow, between the Hollander's kill and Rosamond's kill, on the west side of this river. Also to P. Dalbo and Oole Swensen, 25 each on west side of Schuylkill. Isaac Cornelissen, of Amesland, complains to the court, " that his son Erick is bereft of his natural senses, and is turned right mad, and that he, being a poor man, is not able to maintain him. Ordered, that three or four persons be hired to build a little block-house at Amesland, to put him in, and at next court an order will be taken that a small levy be laid to pay for building the house and maintaining the madman, according to the laws of the government." This is probably the first public provision for the insane^2 Capt. Cantwell charges Neils Laerson with defamation. He asks forgiveness of Cantwell in court, with which he is satisfied.3 In consequence of Major Fenwick's " making some new alterations on the east side of the river, a private justices' court was held in the fort. Captain Cantwell declares, that being at Salem, alias Swamptown, on the 30th of April, 1678, Major Fenwick convened the inhabitants, and appointed various officers, and declared that he would appoint others at his leisure. Several papers were read in relation to the major's patent to his royal highness, and from his royal high ness to Lord Berkley, and Lord Berkley to Fenwick, &c, who demanded the superiority and submission of the people there as his right and property. He then produced an oath to be signed, and which several persons did sign. Fenwick denied the power of the court to levy upon their land ; he would bear the people harmless in opposition to it. He for bade Mr. Foppe Outhout to act in behalf of the court of New Castle, upon the forfeiture of his estate. On being reminded 1 Upland Court Records, p. 60. 2 Ibid. p. 81. 3 Ibid. A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS. 453 that Mr. Outhout was commissioned by the governor to act, 1678. he denied the power of the governor to act without the advice ' ' ' of his council. Various certificates and letters between the justices and governor follow. The council at New York, Further pro- (May 22,) directs the justices to give notice to Fenwick that, ^™f F„tt. according to his parole, he forbear assuming any power of wick, con- government to himself, on the east side of Delaware, or any where else in those parts, unless he can produce more authentic power from England." In case of refusal, the commander and justices of New Castle are " required to order him to come to New York within the space of — days, to answer what may be alleged against him." On his denial or refusal, "force is to be used to seize his person and send him to New York." A letter to this effect was written to Fenwick by the justices, and sent by a special messenger. In reply, June 3, says, " that the cause of my long imprisonment, which is not unknown to them, was because I would never be persuaded to give security either to be of good behaviour, nor to forbear acting in that public capacity in which I am authorized by virtue of the king's patent, the duke's grant to John, Lord Berkley, and Sir George Carteret, and Lord Berkley's deed to me, all which were produced before the governor and council, by the commissioner who arrived at York last August, wherefore I had my liberty to come home without any obligation, and to return 6th October following, which accordingly I did, to the hazarding of my life ; and the governor then told me he won dered I did come again, and gave order I might return hither again about my lawful occasions. It is well known, likewise, I was made and retained prisoner to the court of assizes, and by their favour and yours I cannot look upon myself obliged by my parole to appear, without an order from the court of assizes," &c. The justices despatch a messenger to New York with the foregoing letter, and further complaints against Fen wick, and ask their orders, which they request (June 5) " may be absolute and sufficient, for it is our opinion that he will hardly be taken without bloodshed or mischief." He declares " no one shall take him alive, no, not if the governor himself came."1 The court at New Castle referred the settling and regulat- June 1*. 1 New Castle Records, pp. 265 — 290, where all the documents and corre spondence are at full length. They have since been published by the New Jersey Historical Society, vol. ii. * 454 1678. Repairs of church at New Castle. W. Wharton marries him self, and acts illegally as surveyor.Arraignedbefore courts and case re ferred to go vernor. Is fined for absence from the court. June 28. Patent for Marrities or Marcus Hook. CHARLES IL— JAMES, DUKE OF TORK. ing the church affairs of that place to John Moll and Peter Alricks, they to make up the account with the reader and wardens, and to make such further orders and regulations^ as shall be found most necessary.1 "Mr. Walter Wharton, being heretofore, by the minutes, reader and churchwarden, presented for marrying himself, or being married directly contrary to the known laws of England, and also contrary to the laws and customs of this place and pro vince, as also for promising lands, and entering the same in his book, before that the person for whom he did it had any grant or order of court for the same ; and the said Walter Wharton not appearing in three following court days, and to the end the reproach may be taken away from the river, and that such notorious breaches of the laws, and disorders, may for the future not pass unpunished, especially in persons of lesser quality to those of this of Mr. Wharton, (who is in commission, and bears the office of a justice of the peace, ought to give good examples to others,) had not been regarded, might at all times hereafter be held for a bad precedent. The court do therefore think it necessary humbly to offer the pre mises to the judgment of his honour the governor, for to in flict such punishment as his honour in his wisdom shall think fit and expedient." "Mr. Wharton, being commissioned one of the justices and member of this court, and not having appeared for five months, not having been out of the precincts of the bay and river, is fined <£10, with costs."2 Jan Hendricksen acknowledges a deed to Roger Pedrick, for all his right, &c. in the land and appurtenances lying and being on west side of Delaware, called and known by the name of Marrities Jfoeck, (now Marcus Hook.) The whole tract of Marrifies Hoeck lands being granted and confirmed by patent from his royal highness's governor, Edmund An dross, March 28, 1676, unto the six possessors thereof, viz. Charles Jansen, Oole Raessen, Hans Oolsen, Oole Neelsen, Hans Hofman, and the said Jan Hendricksen, and contained in the whole 1000 acres.8 This same land was granted by the Swedes to J. A. Besk, so early as 1653.4 (See page 138.) The court order to levy a tax of 5 guilders per head on every tydable person, to defray the expenses of the court's 1 New Castle Records, pp. 269, 270. 2 Ibid. 3 Upland Records. ¦» Ibid. p. 84. Reg. Penns. vol. iv. p. 273. A. BROCKHOLLS, SUBSTITUTE OF GOVERNOR ANDROSS. 455 sitting charges, as heretofore, the said levy to be paid by 1678. every person on Tinneconk Island; between this and 6th of ¦ — ' October next.1 Two hundred acres are granted to Thomas Nossicker, and Grants of 100 to William Warner. It has been said that the latter set- lana' tied over Schuylkill, in 1658, but after diligent inquiry among his descendants or connections now living, we can find no knowledge or tradition of the fact among them.2 Justa Andries is indicted for slanderous language against July 26- ... , , , & & & Case o£ his majesty and the court. slander. John Moll is deputed by the justices of New Castle to go July 27. to New York, to communicate certain facts occurring in the t0 New York governor's absence in England, and to ask some privileges, with repre- 1. To " grant leave and permission to obtain and have an g™ejn™s ° orthodox minister, to be maintained by the gifts of the free, Asks for ..-.. . ,, minister. Willing givers. 2. 'To double the magistrates, and have a coroner. increase of 3. To send "the new corrected law book," and seal of maslsraes- office. 4. In relation to the title of Carr's land. 5. Complaint that Walter Wharton neglects his duty as Complains of surveyor ; fees higher than in Maryland, and wish them re- ' " 0I duced ; and chiefly to make his honour acquainted, that to the great shame and blame of the government, he, the said Walter Wharton, hath married himself, and promised lands not granted, and that he forced one man in Maryland to as sign his patent to him only for surveyor's fees. 6. Wish government to establish weights and measures, and Weights and that a gauge be appointed on this river, for all coopers to ^"for make the tobacco hogsheads accordingly. beadTh0gS~ 7. Complains that Major Fenwick forbids the people of Compiainsof the east side of this river to pay their proportion of the pub- ™*o°£ lic rate laid last year, for the paying of the wolves' heads, tax. . and that the said Fenwick threatens the people with ruin in case they pay any, and that he now has laid a tax himself; therefore to know whether the people there shall pay any of the said tax, and how, for the future, the court, shall act and behave themselves towards the said east side. 8. People complain they cannot get their money from the public. ' Upland Court Records, p. 84. 2 See Watson, vol. i. p. 11. " New Castle Records, lib. A. p. 292. 456 1678. Liberty of trade to Maryland for negroes, &c., and for England. Complains of Billop siding with Pen- wick. July 27. August 3. Penwick at New Castle, on his way to New York. CHARLES II. —JAMES, DUKE OF YORK. 9. Whether a levy or tax may be laid for paying the debts made during the time of this government, concerning the fort, &c. 10. Whether houses and lands of persons deceased or run away are taxable. 11. " That liberty of trade may be granted us with the neighbouring colony of Maryland, for supplying us with negroes, servants, and utensils, without which we cannot sub sist, and also that liberty may be granted us for our own vessels which we may get, to enter and clear the same here, without touching at New York, in case we might send them for England and other places, we observing the acts of par liament." 12. Refers to Captain Billop's acts ; " among other things,1' that he, said commander, contrary to his duty, stands up for and holds with Major Fenwick, which hath so amazed tlie in habitants of the eastern shore, that some of them know not whom to obey." Also to know whether the said commander hath power to grant licenses for marriages, as to several persons he hath done, whereby the common course of three proclamations in the church, or banns setting up, is laid aside.1 The council at New York think the orders heretofore given the justices at New Castle, in the case of Fenwick, quite " sufficient, so shall not alter any thing therein, but leave you to answer your neglect to the governor, who is daily expected, and all prejudice or mischief that may happen thereby to be at your doors, they having done their duty."2 The justices despatch Billop to Fenwick, who promised to repair to New York. The court decide, if he will, under his hand, promise to repair to New York in twenty days, he may be left ; but if he refuse, or do not send a satisfactory answer, that then the commander and sheriff take a body of militia, and seize his person.2 The court express to the council their " sorrow at your honour's reply," and explain, by way of apology, their mo tives for writing as they did. It appears, by this letter, that Fenwick had been brought to New Castle, with a view to sending him by sloop to New York ; they afterwards conclude to send him by land.3 1 New Castle Records, pp. 306, 307. 3 Ibid. p. 311. 2 Ibid. p. 308. DEPUTY GOVERNOR EDMUND ANDROSS. 457 Fenwick, in New York, is presented with a copy of charges 1678. against him ; ' asks time to answer ; considers his interest ' — ¦ — ' separate from New York ; appeals to the king, and prays to go to him ; court does not grant it, but refers him to judg- sept. 11. ment of court of assizes at New York.1 Captain Billop is ordered to New York by the governor, sept. 13. probably on charge of favouring Fenwick, leaving the charge Captain mi- of the military and civil matters to Justice Alricks, to be l0P0rderea chief, and Thomas Woolaston, clerk to take customs. Captain Billop delivers over to Moll and Alricks the fol- septie. lowing articles belonging to the fort : 8 iron guns, 7 leaden stock of am- aprons, 18 matchlocks, 6 firelocks, in all 24 muskets, 12 col- munition in lars of bandaliers, 66 iron shot, 465 musket bullets, 1J barrel of powder, 3 quires cartridge paper, 12 skeins of match, 2 ladles, 3 sponges, 3 rammers, 2 worms, all upon 5 sticks, &c. Probably Billop had been removed.2 JoKn Avery, F. Whitwell, Alexander Molestyn, John Kips- October is. haven, Luke Watson, John Roads, and James Wells, to be Justices ot justices for Whorekill ; four or more a court.3 whorekm. The Duke of York made a new grant of West Jersey to Newgrantot the assignees of Lord Berkley.4 west Jersey An order passed by the governor about lands was this day Nov. 4. also openly read in court, and fixed at the court-house : " Whereas I did, in the year 1675, among other regulations Quitrents then made for encouragement, remit the quit-rents for the ^°^^' first three years on all new lands to be taken up and seated about land. in Delaware precincts, which having proved inconvenient, by many taking up land and not seating at all, I therefore do repeal and recall the same, except for such as have seated and improved upon said order, be accordingly indemnified ; but all such as have taken up lands, and seated and improved, and made due returns thereof, as by law and orders, (sent and published last year to be recorded,) to forfeit the same, and the land not seated and improved to be disposed of as vacant lands, and all such as have improved and seated, but not made such returns, are hereby again required, for rectifying of for mer, and preventing of future disorder, to make a due return as above, of such their lands, quantities, and situation, accord ing to the patent, surveys, or card thereof, to the clerk of the court in whose jurisdiction their said land lieth, to be recorded, 1 N. Y. Records ; Breviat 2 New Castle Records, p. 316. 3 N. Y. Records ; Breviat. 4 Johnson, p. 10. Smith's N. J. p. 111. 68 2Q 458 CHARLES II.— JAMES, DUKE OF YORK. 1678. and by the court certified to the secretary's office here, and ' — ¦ — ' such as have not taken care to pay their quit-rents due for the same, that they, within the space of six months, as above, do account and pay the arrears to the receiver, from my first coming into the country, for 1674, and for the future, all such as have or shall take up lands, to pay their quit-rents from their taking up such lands, and yearly, at the towns of Up land, New Castle, and Whorekill, for the several precincts, at their peril, and such as shall take up and not improve land, to forfeit the same, according to law. This order to be forth with published, and set up at the court-houses of Upland, New Castle, and Whorekill, in Delaware. Given under my hand, in New York, 25th October, 1678. E. Andross." " Resolved, in regard the church doth very much want re paration, that Mr. John Moll and Peter Alricks take care and order about the same, the charge and cost to be found and raised by a tax, if no money be due upon the former list of the reader."1 The governor, in reply to the petition of the court, allows November 5. a minister, as they desire ; sends a new commission for magis- Mtnister ai- trates, and a law book. The purchasers of Carr's land, which lowed. ke arjowg to De &0ift for tjje use 0f his creditors, may have court have new patents. "Courts have power to order matters relating surveyor61 *° *ne surveyor in every respect, according to regulations and weights and law." " The laws direct weights and measures to be English, t^EngUsh. but ancient custom may be looked upon as law, and the pub lic weigh-house is to be gross weight only, if or above one Houses and quarter of a hundred." "Houses and improved lands are laifdaTabie ^iable f°r debts, as well as movables ; all favours as to trade for debts. may be expected, so that acts of parliament are not infringed, favoured. " Wltn due regard to the custom-house here. The late Com mander Billop is here, and if any have been wronged by him, they shall have right." New York, October 26.2 Governor Andross commissions six persons to be overseers, Eisinburg selectmen, or commissioners in New Jersey, at Elseburgh and ed^court parts adjacent, for one year, amongst the new comers, and if established, any dispute arise amongst them and the old inhabitants of those parts, Mr. Outhout, who has been an ancient inhabitant there, and is now one of the justices of New Castle, to have notice, who is authorized, on such occasions, to be one of the 1 New Castle Records, lib. A. p. 320. Upland Court Records. 2 New Castle Records, lib. A. p. 307. Reg. Penns. vol. i. p. 93. DEPUTY GOVERNOR EDMUND ANDROSS. court, and being there, to preside ; and you, or any four, to keep a court, as a town or corporation, quarterly or oftener, to appoint constables, and to allow fit proportions of land for present improvement, the same being duly purchased, and to hear and determine all matters not extending to life, limb, or member, or exceeding £5, above which to admit of an appeal to court of justices at New Castle.1 Governor Andross appoints J. Moll, Peter Alricks, Foppe Nov. 7. Outhout, G. Otto, Johannes De Haas, Abraham Man, and Justices of William Semple, as justices.2 Newcastle. A warrant from Governor Andross is presented to the court Nov. 11. at New Castle, in consequence of complaints made to him by warrant of Michael Barron and other inhabitants of east side of river. Avnd™s , " about lands, Who had been "disturbed in the lawful possession of their andPen- lands by Fenwick, &c." The court at New Castle is " desired ™k' and authorized to take care that the said inhabitants be not disturbed in their possession upon any pretence whatever," and " if occasion, to make me forthwith acquainted with the same."3 The limits and divisions between this (Upland) and New Nov. 22. Castle county were this day agreed upon and settled by this Boundary court, and Mr. John Moll, president of New Castle court, as Newc™tie follows: "This county of Upland to begin from the north and upland side of Oole Fransen's creek, otherwise called Steen-kill, c0lmties- lying on the bight above the Verdrietige Hoeck, and from the said creek over to the single tree point, on the east side of this river."4 James Sanderling, for inhabitants of Upland, complains Encroach- against Neils Laerson for fencing off the way to the "fly;" "^^^ court order it down.6 Another against Domine Laers Carolus, of court. that he has fenced in some of the church glebe land. " Ordered, that he shall have all belonging to him, the rest he must leave out."6 Various grants of land on Neshaminy, &c. : 100 acres on Grantsof lower side, and 50 in the woods, to Dirck Williams ; 100 to Shammy, "' Edmund Draufton and his son ; 100 between heads of Crom- schuyikui, kill and Oole Shellir's kill ; Jan Schooten, a small quantity p™^^ of marsh lying at the place called Hans Moonson's great sine- Mill Falls, at the end thereof, so much as is fit to mow four 1 N. Y. Records, as quoted in Penn's Breviat. 2 New Castle Records, lib. A. p. 316. 3 Ibid. p. 318. " Upland Records, p. 50. s Ibid. 6 Ibid. Mill on CHARLES IL— JAMES*, DUKE OF YORK. stacks of hay, the Mill Falls being a run that comes into Schuylkill ; Ephraim Herman, between Pemebaccan and Poet- quissing. Ordered, that the land formerly granted to Jan Boolsan be reserved for the mills, and Jan Boolsan to locate 100 acres elsewhere. " It being very necessary that a mill be built on the Schuyl kill, and there being no fitter place than the falls called Cap- Moonson's tajn ffans Moonson s Falls, the court are of opinion that either Hans Moonson ought to build a mill there, (as he says he will,) or else suffer another to build, for the convenience of all parts. Laurence Cock transfers to Elizabeth Kinsey a plantation land con- lying and being at Sachamexing, (the whole deed is on the Zmelfg*' record,) " the daughter and heir of John Kinsey, late of Herefordshire, England, deceased, 300 acres, on west side of Delaware River, at the town or neighbourhood called and known by the name of Sachamexing, the whole dividend and quantity of land being of late surveyed for the inhabitants of Sachamexing in general, contains 1800 acres, by which, reserving the share and interest of him, the said L. Cock, as being one of the six inhabitants of Sachamexing, amounts to 300 acres, as above mentioned, together with his, L. Cock's share of marsh or meadow, with all and singular the houses, dwelling-houses, barns, stables, stalls, fences, &c. now stand ing upon said land." L. Cock states he is the lawful owner, and has a right to sell ; warrants against all claims except quit-rents. The deed is dated 30th March.1 Transfer of a patent of Andross, March 25, 1676, to Har man Jansen, 100 acres, on north side of Mill Creek, over against Carcoon Hook. Court order " that every person shall, within two months, as Koadsbe- far as his land reaches, make good and passable ways from tween plan- neighbour to neighbour, with bridges, where it needs, to the tations to be b . opened. end neighbours on occasion may come together ; those neg lecting to forfeit 25 guilders." The following compose a jury : Hans Moens, Dirck Wil- a jury. liams, Salfit Barnes, Edmund Draufton, Peter Jackson, Isaac Saney, Jan Hendrick, Jonas Kien, Moons Cock, John Brown, Jan Boolsen, Henry Hastings.2 Nov. 28. Andross directs Sheriff Cantwell to put Robert Stacey in 1 Upland Court Records, p. 99. 2 Ibid. DEPUTY GOVERNOR EDMUND ANDROSS. 4QJ possession of Mattiniconk Island, which the governor had 1678. leased to him for seven years. v — '— ' Governor authorizes Cantwell and Herman to purchase from the Indian proprietors the unpurchased lands below the Land to be falls, on west side, between the late and former purchases, i,urchas °f the lands petitioned for by him, in America, more. that it may be expressed to be land that shall be north of Susquehanna Fort, also north of all lands in a direct line between the said fort and Delaware River, and also north of all lands upon a direct line westward from said fort, for said fort is the boundary of Maryland northward. It is further desired that there may be contained general words of re striction as to any interest granted to the Lord Baltimore, and saving to him all rights granted. It is also prayed that my lord's council may have a sight of the grant, before it pass. " On a public account, it is offered, that some due caution be provided, that no arms, powder, shot, or ammunition, be sold, by any that shall settle in this new plantation, to the 1 Votes of Assembly, vol. i. Penn's Breviat. Reg. Penns. vol. i. p. 270. DEPUTY GOVERNOR EDMUND ANDROSS. Indians or natives, for hereby a common mischief may happen unto all his majesty's neighbouring plantations."1 About this time, probably, commenced the foreign com merce by the English settlers from the Delaware, as Mahlon juiy 6. Stacey to a friend in England writes, "'that Burlington will be a place of trade quickly, for here is way for trade. I, with eight more, last winter bought a good ketch of 50 tons, freighted her out at our own charge, and sent her to Barba- Voyage from does, and so to sail to Saltertugas, to take in part of her ^"mstin1- lading in salt, and the rest in Barbadoes goods, as she -came aies- back ; which said voyage she hath accomplished very well, and now rides at Burlington, discharging her lading, and so to go to the West Indies again, and we intend to freight her out with* our own corn."2 The same writer says, " we have wanted nothing, since we comfortable came hither, but the company of our good friends and ac- ^^^f quain tance." " I live as well to my content, and in as great plenty as ever I did, and in a far more likely way to make an estate."3 "About this time, Olive had built his water-mill on his MuisatRan- plantation nigh Rancocas Creek, and in this year, Stacey Trenton. finished his mill at Trenton. The inhabitants had hitherto either pounded their corn, or ground it with hand-mills. These two mills were the only ones that ground for the coun try, several of the first years after their arrival."4 "An original deed of sale, (upon a half sheet of paper,) juiyso. whereby Kanockere, Alora, Eliggene, Nogcotto, To wis, Wip- Indian Pur- paycam, and Winappanegge, for themselves and their heirs, f™^ &^w alienate, bargain, and sell unto Mr. John Moll, of the town of New Castle, on Delaware River, in the behalf of all the inhabitants dwelling at Case and Broett Islands, Red Clay Creek and White Clay Creek, quite unto the falls thereof, which are already settled, and shall settle hereafter, upon any of said islands about Christina Creek, as far as the precincts of Maryland, the land called Musser Cripple therein included, to hold free of the claims of all Indians and their heirs ; and that for a valuable consideration, on real satisfaction, paid to the Indians by said John Moll, as well for his own proper account as also for the proper account of all the present and 1 Votes of Assembly. Penn's Breviat. Reg. Penns. vol. i. p. 270. 2 Stacey's Letter, in Smith's N. J. p. IM. 3 Ibid. '- Ibid, (note.) ^August 16. Duke of York trans fers "West Jersey. August 31. No other tax than in 1677. Empty treasury. October. Complaintsagainst du ties at Whorekill. Application for their re moval, and success of it. CHARLES IL— JAMES, DUKE OF YORK. all future settlements and inhabitants in those parts. Given under customary marks, in New Castle, July 10, 1680."1 The Duke of York conveys by deed, to Edward Byllinge, William Penn, G. Lawrie, N. Lucas, John Eldridge, and Ed ward Warner, all the territory of the province of West Jersey.2 The justices of New Castle write to New York, that there never was any other tax or public levy at New Castle than in 1677, which was with his own (governor's) approbation, and on account of wolves' heads. Captain Collyer charged 25 per cent, for collecting the wolf, dyke, and fine money, " and for the rest of Captain Collyer's account, we know not what way it may be paid, having now, nor before, any cash or public store to pay the same." It was afterwards (Oct. 4) ordered to be paid out of quit-rents due from him, &c.3 In the time of Governor Lovelace, (see page 380,) a duty of £10 per cent., which had previously been laid, but for some time had been intermitted, was renewed by him, on all European goods imported at the Whorekill, and on all furs and peltry exported thence, and which had been exacted of all persons arriving in West Jersey. From the first they had complained of it as a great hardship, but as they had much increased, this duty amounted to so considerable a sum as to become oppressive. The settlers therefore concluded to en deavour to have the evil remedied, and for this purpose ad dressed themselves to the trustees of Byllinge, to apply to the Duke of York to have the duty removed, it being considered an arbitrary act on the part of the governor of New York. Accordingly, William Penn and the other trustees brought the subject to the notice of the duke, whose interests would suffer should the duty be abolished ; the duke referred it to commissioners, where it continued for some time. A long argument was addressed to them,4 showing, that as the duke had received from the king, together with the land, among other powers, that of government, and that whatever rights and powers the duke possessed he had conveyed to Berkley and Carteret, and Berkley to Byllinge, and that no longer could the colony be subject " to any laws or impositions but i Breviat; (Penn's Exhibits, P. F.) p. 50. 2 Learning & Spicer, p. 412. Mulford, p. 191. 3 New Castle Records, in Penn's Breviat, p. 30. 4 Smith's N. J. p. 117, &c, where see the arguments at length. Also, Mul ford, p. 185, &c. Clarkson, vol. i. p. 201. DEPUTY GOVERNOR EDMUND ANDROSS. those made by itself or Great Britain." The commissioners referred the subject to the attorney-general, Sir W. Jones, who decided in favour of the colonists. The result was offi cially made known to the governor of New York, and the duty removed this year. Robert Willing was fined 500 pounds of tobacco, to the October 2. use of the public, and to keep the peace one year and one Man fined day, by the court, St. Jones's, for " abusing his royal high- ^T^5 ness's justices of the peace, by saying he wondered the Duke royaiugh- of York was such a fool as to make such inconsiderable sons noss' of whores justices."1 Balance of account of £59, 16s. 1\d. to be paid by sheriff October 14. to E. Cantwell, "out of arrears due for quit-rents from him- Balance to self and others, particularly for two parcels of land in Apo- weef,m quinimy, of 800 and 900 acres, formerly taken up and patented by him in 1676. "2 There are several appeals from Delaware courts to court October is. in New York, and one case of appeal from the judgment of the court to England. John Moll, justice, and president of New Castle court, is cases of aP- called by Abraham Mann to answer an indictment for words york^nd™ spoken in court, and at other times. The jury find him England, on guilty of speaking the words in 1st and 2d articles, and of cMrTd^er- denying execution, and acquit him of the rest. The court tagfromver- adjudge said indictment illegal and vexatious, and that Moll, by what is found against him, is not guilty of any crime, or breach of any known law, therefore acquit him, and order Mann to pay costs of court. Mann moved for an appeal to England, which is granted, he giving sufficient security toHhe value of £1000, to prosecute the same, and paying damages, if cast.3 John Richardson having obtained, at the court of assizes, October 21. a judgment for land he hath seated and improved, and having Large bodies a considerable number of hands, 1200 acres are to be laid jf0^;to out for him adjoining to the above, including the same on cbardson direct lines, according to the regulation. Also, 1200 for gteT(,°3n John Stevens ; both to have, if possible, benefit of the water as well as land roads.4 The court, "finding it necessary for the due preserving of October 23, 1 Kent Records, in Penn's Breviat. 2 New Castle Records. Albany Records. Reg. Penns. vol. iv. p. 81. 3 New York Records; Breviat. 4 Ibid. 480 CHARLES II.— JAMES, DUKE OF YORK. 1680. October 26. Second letter from Sir John Wer den, express ing bis royal highness's,and bis ma jesty's assent to his peti tion. Nov. 14 Penn's peti tion again read. Nov. 18. Referred tp attorney-ge neral for consideration of his powers. Nov. 21. the peac'e," appoints another constable to officiate between the Schuylkill and Neshaminy, viz. Erick Cock, for one year. John Cock and Lasse Dalbo are appointed overseers of highways and roads, and viewers of fences, through the county? Ephraim Herman and Laer Cock have 552 acres surveyed on " Hotaorckon Creek," on west side of Delaware, and A. Petersen his land at Kingsesse.1 Sir John Werden again writes to the secretary, and after referring to his former letter, says, " Since then, Mr. Penn hath represented to the duke his case and circumstances in relation to the reason he hath to expect favour from his ma jesty, touching that request of his, to be such, as that his royal highness commands me to let you know, in order to your informing their lordships of it, that he is very willing Mr. Penn's request may meet with success ; that is, that he may have a grant of a tract of land which lies on the north of New Castle colony, part of Delaware, and on the west side of Delaware River, beginning about the latitude of 40°, and extending northward and westward as far as his majesty pleaseth, under such regulations as tlieir lordships shall think fit."2 At the next meeting of the committee, at which ten earls, &c. were present, the petition of Mr. Penn is again read, " desiring that a day may be appointed for preparing a grant unto him, of propriety in a tract of land in America, upon Delaware River." Next Thursday is appointed for the purpose. A letter from the secretary of the committee to the attor ney-general, stating that his majesty has referred to them William Penn's petition, transmitting a draft of a grant of a tract of land for settling a colony and plantation in America, which he desires may pass to him for the government of that colony, have commanded me to signify their desire unto you, that upon consideration of the powers therein proposed, you report upon them, whether you have any thing to object against the same. The committee will meet on Thursday next.3 A deed is on record of this date, from Meghacksett, chief 1 Upland Records. 2 Votes of Assembly, vol. i. Penn's Breviat. Reg. Penns. vol. i. p. 270. 3 Votes of Assembly, vol. i. p. xiii., &c! Reg. Penns. vol. i. pp. 269, 273. DEPUTY GOVERNOR EDMUND ANDROSS. 481 sachem of Cohanzey, and natural owner of all the lands lying 1680. between Duck Creek, called by the Indians Quinquingo Cipus, ' ,~~' and Apoquinimy Creek, for 2 half-ankers of drink, 1 blanket, 1 matchcoat, 2 axes, 2 knives, 2 double handsful of powder, Purchase 2 bars lead, and 1 kettle, paid by Ephraim Harman ; land ^Jof lying on west side of Delaware, beginning at a creek near lands be- the land of Morris Liston, by the Indians called " Winsacco," ^°* and so along the said creek through the cedar swamp, &c. Apoiuinimy. The attorney presents to the committee his observations on Nov. 21. Mr. Penn's patent. Whorekill applies to the governor for a court-house, prison, Nov. 23. stocks, and whipping-post, for public service, to be built by taxes. Granted as to prison and stocks.1 Governor Andross intending to sail for England, informs Nov. 25. the justices that he will leave Captain Anthony BrockhoUs, Andross go- his lieutenant, without any other alteration. He likewise ex- J^d^eaves cuses them from attending a court which he had appointed at BrockhoUs New York, on account of the distance and the season of the ant. year. He notices also the arrival of Mr. John Levin, "a Mr-leTin * ' arrived. gentleman sent by his royal highness, authorized to inspect the revenue, as per his commission," of which he sends them "a copy, to be observed accordingly," and recommends to them care in their several stations, to preserve and continue the public welfare. He did not depart till next year.2 (See January, 1681, for commission to BrockhoUs.) Application is made by sixteen persons, to the court of St. Nov. 27. Jones county, to take up 9500 acres of land. The court Landreguia- grants it, and makes an order that all persons taking up DOdTofiand lands, in default of settlement and improvement within one applied for. year after date of survey, shall forfeit their interest in the same.3 A letter from the secretary of the committee to Sir John Nov. 28. Werden, alludes to his heretofore sending to him Mr. Penn's Boundaries petition, and receiving his reply. He now sends, by his lord- ^rnfy-ge- ship's order, an extract of the patent which he is soliciting, nerai. so far as concerns the boundaries, to the end he may state his objections in behalf of his royal highness, if he sees cause. The committee will meet on Tuesday. He also writes to the agents of Lord Baltimore, informing 1 N. Y. Records, in Breviat. 2 Reg. Penns. vol. iii. pp. 32, 33 ; vol. iv. p. 81. Breviat. Sussex Records. = Kent County Records, in Breviat, p. 51. 61 2S 482 CHARLES IL— JAMES, DUKE OF YORK. 1680. them their lordships had seen a draft of the letters-patent to ' ¦ ' Mr. Penn, which he alleges was put into their hands accord ing to directions, to receive their objections. The committee to meet on Tuesday, and that in case they have nothing to object, they will thereupon take their final resolutions.1 Letter from Sir John Werden to the secretary, acknow- Nov. 30. ledges receipt of letter of 18th, and a part of Mr. Penn's patent : " In cases of this nature, it were most proper to have the Letter of sir advice of counsel learned in the laws, for settling the boun- aenonttie Varies of any new patent, but in regard I remember well the patent. duke's directions expressed in a former letter, (16th October,) I shall frankly tell you my thoughts therefor, viz. that I be lieve the description by lines of longitude, (especially,) and of latitude, are very uncertain, and so also is it, under what meridian the head of the Delaware River lies, which I do believe hath never yet been observed by any careful artist ; but it being the duke's intention that Mr. Penn's grant be bounded on the east side by Delaware River, and that his south limits be twenty or thirty miles beyond New Castle, (which colony of New Castle is northward, and distinct from Maryland, that being under the jurisdiction of Lord Balti more,) which extent northward of New Castle colony, we guess, may reach as far as the beginning of the 40th degree of latitude ; therefore, if Mr. Penn's patent be so worded as to leave New Castle twenty or thirty miles beyond it, free, and to be bounded on the east by Delaware River, I think this is all the caution that needs as to the duke, who will not concern himself how far north or west Mr. Penn's patent takes in." Sir John Werden writes to the secretary, " that Mr. Penn Dec. s. having often fallen into discourse with me of his concerns in Another let- America, since I wrote on Saturday, I have told him the sub- Werdcn. in- stance of what I had written, and he seems to fear that if his terviewwith south limits be rightly set at twenty or thirty miles north from New Castle town, he shall have so little river left, as very much to prevent the hopes he hath of improving the rest within his patent ; but on the other side, he is willing thai twelve English miles north of New Castle be his boun dary, and believes the distance will fall under the beginning of the 40th degree of latitude, I have already signified to 1 Votes of Assembly, vol. i. DEPUTY GOVERNOR EDMUND ANDROSS. you all I know of the duke's mind herein, which is in general to keep some convenient distance from New Castle north wards, for a boundary to that colony, but I confess I do not understand why it is precisely necessary to insist on just sueh a number of miles, more or less, in a country of which we know so little, and when all the benefits are intended to this patentee which others enjoy; so I submit the point to your lordships' consideration, and do not think it material to add more."1 (November 23.) Was "born in Bucks county, (Dec. 13,) Mary, daughter Dee. 23. of Lyonel and Elizabeth Britton. She is, so far as known, Another the first born of English parents in tho present state of Penn- ^born sylvania, as may appear from a record in the register's office at Doylestown, in the handwriting of Phineas Pemberton, formerly register of said county. ,Her parents came from Alney, Bucks county, England, and arrived in the Delaware in the ship 'Owner's Advice,' George Bond, master, and settled in Bucks county, 4th month, 1680."2 There are several claimants to this honour, as will appear hereafter. The governor of New York changes the name of the town Dec. 25. and county of Whorekill to that of Deal. The court records whorewii it, and orders and decrees that they be so called from this c°unty,f 7 J changed to day.8 Deal. At a meeting of the council, Mr. Penn is called in con- Dec. 26. cerning his patent. On reading the letters of Sir John Wer- Summons to den, touching the boundaries wherein his royal highness may g^™ °°d be concerned, they think it best that Sir John should attend tend. on Saturday, the 18th, and also Lord Baltimore's agents, both of whom were summoned, and'desired not to fail to attend, as their lordships were then resolved to proceed to a resolution in that matter.4 The attorney-general's answer to Mr. Penn's patent, says: "I have considered the petition of William Penn, praying Answerof his maiesty to grant unto him a tract of land in America, the attor™y- «J .* o 1 1 T-v general on lying north of Maryland, bounded on the east by Delaware wm. Penn's Bay, to the west by the Indian countries, as Maryland, and Patrat do not find that such boundaries do intrench upon the Lord 1 Votes of Assembly, vol. i. pp. 269—273. 2 Bucks County Records ; for which I am indebted, as well as for other facts, to the kindness of William Carr, Esq., Doylestown. 3 Sussex Court Records, in Breviat. * Votes of Assembly, vol. i. Dee. 26. Further pro ceedings in Penn's case. Dec. 31. St. Jones di vided from WhorekUl. Grants of land. Rape. Marriages at Burlington. CHARLES II. —JAMES, DUKE OF YORK. Baltimore's province of Maryland, which is bounded south by a part of Virginia, east by the main ocean and Delaware River, and north by that part of Delaware River, which lieth in the 40th degree of latitude, and so by a direct line west ward through the continent. " And the patent granted to his royal highness of New York being bounded west by the east side of Delaware Bay, is sufficiently distinguished from the grant desired by Mr. Penn, which is bounded eastward by Delaware River or Bay, so that the tract of land desired by Mr. Penn seems to be undisposed of by his majesty, except the imaginary lines of New England patents, which are bounded westwardly by the main ocean, should give them a real, though impracticable right to all those vast territories. " But I am further to offer unto your lordships, that there are several Dutch and Swedish plantations which have been under the English government, that lie scattered on the west ward of Delaware River, and some of them perhaps within the bounds of Mr. Penn's petition, and have for a long time either acknowledged the protection of his royal highness, who took them from the Dutch, upon the conquest of New York, or of the Lord Baltimore, near whose borders they are set tled, and how far Mr. Penn's grant may, in this consideration, concern his neighbours, is most humbly submitted to your lordships."1 Between this date and the 11th of February last, the go vernor has pleased to divide St. Jones from Whorekill county.2 On the petitions of thirty-three persons, the court, before the commissioner of Jones county, grant liberty to take up 18,663 acres of land.3 A man ordered by court to be whipped for a rape ; his punishment was commuted by a fine of £5, to be paid to the church.4 Thirteen marriages had taken place at Burlington since its settlement.5 i Votes of Assembly, vol. i. Reg. Penns. vol. i. p. 274. 2 Sussex Records, Breviat, p. 51. 3 Kent Records, in Breviat. « New Castle Records, p. 273. 6 proud] vol. i. DEPUTY GOVERNOR ANTHONY BROCKHOLLS. 485 1681. Was born, December 24, 1680, on the site of the present Januarys. Philadelphia, in a log house near the corner of the present Se- Another cond and Walnut streets, a person who has usually been called ^^n' by writers Edward Drinker, but who was probably named' Drinker, John, as he is so called in the obituary notices at the time of his death, in four different newspapers, where the fact of his being born on this spot is mentioned. He lived to the great age of 103 years ; he died November 17, 1782. His parents are said to have come from Beverly, Massachusetts.1 Governor Andross, probably preparing for his departure January 16. for England, commissions " Captain Anthony BrockhoUs2 to commission be commander-in-chief of the militia in this city (New York) to QoTerllor . . . BrockhoUs. government and dependencies, during my absence, and m any civil matter requiring the same, with the council to act, for the continued welfare of his majesty's subjects, as a com mander or chief officer may and might do, according to law and practice," &c.3 Parret, the Indian sachamore, complains that Henry Bow- parret com- man and others take his land and give him no satisfaction for j^"^^ it. The Sussex court orders, that every person that seats any edof his land, shall pay the Indian proprietor, for 600 acres or under, ^f^* one matchcoat, and if above 600, two matchcoats, and at the court axes time of the Indians' receiving the coats, he is to convey the f™£° land to the person he receives the coats of; and if any per son refuses to pay the Indians for the land, execution to be given out for the same, directed to the sheriff, to execute and pay the Indian. Parret, the Indian sachamore, acknowledges Parret ac- in open court that he has sold to Bowman 1000 and 700 ^edgea acres, between Slaughter Bridge and Cedar Creek.4 At a meeting of the committee, the boundaries of Mr. January 25. Penn's patent, settled by my Lord Chief Justice North, with the alterations of Sir John Werden, were read and approved, and next Wednesday appointed to review the whole patent. (January 15.) 1 Newspapers in 1782, .particularly Oswald's "Independent Gazetteer," Nov. 23. 2 From the variety in the manner of spelling this name, it is difficult to know which is the correct one ; sometimes it is BrockhoUs, at others, Brock- hoist, and Brockole ; the latter is used by Chalmers, and Brodhead in his MSS. The one.adopted is that used in the printed documents which we publish. 3 Re"-" Penns vol. iv. p. 82. 4 Sussex Records, in Breviat. °" " 2s 2 486 1681. January. Boundariesas settled by Chief Jus tice North. Correspondence be tween the Friends. February 1. Patent again referred to Chief Jus tice North, to insert clauses re specting so vereignty,customs, &c. Bishop of London asks that Penn shall admit a chaplain of his ap pointment. CHARLES II.— JAMES, DUKE OF YORK. The following boundaries were settled by Chief Justice North : " As the same is bounded on the east by Delaware, from the twelve miles distance northward of New Castle town, from the beginning of the 40th degree of north latitude unto the 43d degree of north latitude, if the said river doth extend so far northward, but if said river shall not extend so far northward, then by the said river so far as it doth extend ; and from the head of said river, the eastern bounds are to be determined hj a meridian line, to be drawn from the head of the said river unto the said 43d degree of latitude, the said lands to extend westward five degrees in longitude, to be com puted from the said eastern bounds ; and the said lands are bounded on the north by the beginning of 43d degree of north latitude, and on a circle drawn at twelve miles distance from New Castle, north and westward, unto the south, by the beginning of the 40th degree of north latitude, another by a straight line westward, to the limit of longitude above men tioned, excepting all lands within twelve miles of the town of New Castle, that shall happen to lie within the said bounds now in possession of his royal highness, or his tenants and assigns."1 In this year commenced the first regular correspondence between the monthly meeting of Friends at Burlington, and the yearly meeting in London.2 " Upon reading the draft of a patent for Mr. Penn, con stituting him absolute proprietary of a tract of land in America, northerly of Maryland, the lords desire Chief Jus tice North to take said patent into his consideration, and to provide, by fit clauses therein, that all acts of sovereignty, as to peace and war, be reserved unto the king, and that all acts of parliament, concerning trade and navigation, and his ma jesty's customs, be duly observed, and in general, that the patent be so drawn, that it may consist with the king's inte rest and service, and give sufiicient encouragement to planters to settle under it." (January 22.) ¦ A paper was " also read, wherein my Lord Bishop of Lon don desires that Mr. Penn be obliged, by his patent, to admit a chaplain of his lordship's appointment, upon the request of any number of planters ; the same is also referred to the Lord Chief Justice North."3 1 Votes of Assembly, vol. i. Breviat, p. 53. Reg. Penns. vol. i. p. 274. 5 Proud, p. 157. a Votes of Assembly. Reg. Penns. vol. i. pp. 269, 270. DEPUTY GOVERNOR ANTHONY BROCKHOLES. 487 Ephraim Herman appointed to -receive quit-rents due in 1681. Delaware River and dependencies, as well as "in that part ' r~' of the river now called Pennsylvania," till he receives fur ther orders."1 Ephraim Herman "complains that people refuse to pass February 10. his bills for surveyor's fees established by the government, Herman and more he admires that, as he hears, clerks are to be paid t^ta'dof* in tobacco, at 12s. 6d. per 100 ; the law expressly says that pay. Terms all fees shall be paid in silver, beaver, wampum, or wheat, one ^^j of of which I may insist on, but because the country does not produce, ex- plentifully afford the same, I am willing to take the produce wp of the country, which is pork, at a reasonable rate, and should be ready to take tobacco, if it was like to be worth any thing. If I am denied what the law allows, I shall desist for a while, and make the case known to the governor or his deputy. I pray, sirs, you will right me where I am wronged, it being your places to do so."2 " Christian, the Indian, alias Petrocaquewan, lord and February 21. owner of all the land between St. Jones and Duck, Creek," Indian pur- conveyed " to John Brinkloe, planter, his heirs and assigns, £w™ jme5 600 acres woodland, together with the marshes and creek ™d Duok bounding with the creek known by name of Lisburn, on north side of Jones's Creek;" consideration, 3 matchcoats, and 12 bottles drink, 4 double-handsful of powder, and 4 of shot. This land was still in possession of the Brinkloe family in 1838.3 At a meeting of the committee, a draft of a patent for February 24. Mr. Penn is read, and there being a blank left for the name, Patent read i their lordships agree to leave the nomination of it to the ^™Ief king. The Lord Bishop of London is desired to prepare the Jjj^J* draft of a law to be passed in this country, for the settling of te8tant reli. the Protestant religion. gl0n' The committee of lords report favourably to his majesty, and say, " In obedience to your majesty's order, signified by the Earl of -Sunderland, on the 1st of June last, we had pre pared the draft of a charter, constituting William Penn, Esq., ^^ absolute proprietary of a tract of land in America therein mitted to the mentioned, which we humbly present to your majesty, for *™s- your royal approbation, leaving also the naming of the 1 New Castle Records. 2 Kent Records, in Breviat. 3 Delaware Register, vol. i. p. 177. 488 CHARLES IL— JAMES, DUKE OF YORK. Penn signed. Charter of Pennsylvania. 1681. said province to your majesty, which is most humbly sub- Wv~ ' mitted."1 After this long and vexatious attendance upon the corn- March 14. mittee of lords of trade and plantations, chief justice, attorney- charter for general, and agents of Lord Baltimore, his majesty is this day pleased to sign the charter, constituting William Penn proprietary of Pennsylvania. The charter is in the following words : (March 4.) " Charles, by the grace of God, king of England, Scotland, France, and Ireland, defender of the faith, &c, to all to whom these presents shall come, greeting : "Whereas our trusty and well-beloved subject, William Penn, esquire, son and heir of Sir William Penn, deceased, (out of a commendable desire to enlarge our British empire, and promote such useful commodities as may be of benefit to us and our dominions, as also to reduce the savage natives, by just and gentle manners, to the love of civil society and Christian religion,) hath humbly besought leave of us to trans port an ample colony unto a certain country hereinafter de scribed, in the parts of America not yet cultivated and planted, and hath likewise so humbly besought our royal majesty to give, grant, and confirm all the said country, with certain privileges and jurisdictions, requisite for the good government and safety of the said country and colony, to him and his heirs for ever. " I. Know ye, therefore, that we, (favouring the petition and good purpose of the said William Penn, and having re gard to the memory and merits of his late father, in divers services, and particularly to his conduct, courage, and discre tion, under our dearest brother James, duke of York, in that signal battle and victory fought and obtained against the Dutch fleet commanded by the Heer Van Opdam, in the year 1665 : in consideration thereof, of our special grace, certain knowledge, and mere motion,) have given and granted, and by this our present charter, for us, our heirs and successors, do give and grant unto the said William Penn, his heirs and assigns, all that tract or part of land in America, with the islands therein contained, as the same is bounded on the east by Delaware River, from twelve miles distance northward of New Castle town, unto the three and fortieth degree of north ern latitude, if the said river doth extend so far northward, 1 Votes of Assembly. WILLIAM PENN, PROPRIETARY AND GOVERNOR. 439 but if the said river shall not extend so far northward, then 1681. by the said river so far as it doth extend ; and from the head ^- ' of the said river, the eastern bounds are to be determined by a meridian line, to be drawn from the head of the said river, charter of unto the said forty-third degree. The said land to extend ^^ westward five degrees in longitude, to be computed from the tinned." said eastern bounds, and the said lands to be bounded on the north by the beginning of the three and fortieth degree of Bounds. northern latitude, and on the south by a circle drawn at twelve miles distance from New Castle, northward and westward, unto the beginning ofthe fortieth degree of northern latitude, and then by a straight line westward to the limits of longi tude above mentioned. " II. We do also give and grant unto the said William Privileges. Penn, his heirs and assigns, the free and undisturbed use, and continuance in, and passage unto and out of all and sin gular ports, harbours, bays, waters, rivers, isles, and inlets, belonging unto, or leading to and from the country or islands aforesaid, and all the soils, lands, fields, woods, underwoods, mountains, hills, fenns, isles, lakes, rivers, waters, rivulets, bays, and inlets, situated, or being within, or belonging to the limits or bounds aforesaid, together with the fishing of all sorts of fish, whales, sturgeon, and all royal and other fishes, in the seas, bays, inlets, waters, or rivers within the premises, and all the fish taken therein ; and also all veins, mines, mi nerals and quarries, as well discovered as not discovered, of gold, silver, gems, and precious stones, and all other whatso ever, be it stones, metals, or any other thing or matter what soever, found, or to be found, within the country, isles, or limits aforesaid. "III. And him, the said William Penn, his heirs and as- Wm.Penn signs, we do by this, our royal charter, for us, our heirs and ™™pr°pn' successors, make, create, and constitute the true and absolute proprietary of the country aforesaid, and all other the pre mises ; saving always to us, our heirs and successors, the faith and allegiance of the said William Penn, his heirs and as signs, and of all other proprietaries, tenants, and inhabitants, that are, or shall be, within the territories and precincts afore said ; and saving also unto us, our heirs and successors, the sovereignty of the aforesaid country, to have, hold, possess, and enjoy the said tract of land, country, isles, inlets, and other the premises, unto the said William Penn, his heirs and 90 1681. Charter of Pennsylva nia, con tinued. Power to govern and make laws. CHARLES II— A. BROCKHOLLS, DEPUTY. assigns, for ever, to be holden of us, our heirs and successors, kings of England, as of our castle of Windsor, in the county of Berks, in free and common socage, by fealty only, for all services, and not in eapite, or by knight-service, yielding and paying therefore to us, our heirs and successors, two beaver skins, to be delivered at our castle of Windsor, on the first day of January in every year ; and also the fifth part of all gold and silver ore which shall, from time to time, happen to be found within the limits aforesaid, clear of all charges. And of our further grace, certain knowledge, mere motion, we have thought fit to erect, and we do hereby erect the afore said country and islands into a province and seigniory, and do call it Pensilvania, and so from henceforth will have it called. " IV. And forasmuch as we have hereby made and ordained the aforesaid William Penn, his heirs and assigns, the true and absolute proprietaries of all the lands and dominions aforesaid, know ye, therefore, that we, (reposing special trust and confidence in the fidelity, wisdom, justice, and provident circumspection of the said William Penn,) for us, our heirs and successors, do grant free, full, and absolute power, by virtue of these presents, to him and his heirs, to his and their deputies and lieutenants, for the good and happy government of the said country, to ordain, make, and enact, and under his and their seals, to publish any laws whatsoever, for the raising of money for public uses of the said province, or for any other end, appertaining either unto the public state, peace, or safety of the said country, or unto the private utility of particular persons, according unto their best discre tion, by and with the advice, assent, and approbation of the freemen of the said country, or the greater part of them, or of their delegates or deputies, whom, for the enacting of the said laws, when and as often as need may require, we will that the said William Penn, and his heirs, shall assemble, in such sort and form as to him and them shall seem best, and the same laws duly to execute unto and upon all people within the said country and limits thereof. " V. And we do likewise give and grant unto the said Wil- May appoint liam Penn, and to his heirs, and their deputies and lieuten ants, full power and authority to appoint and establish any judges and justices, magistrates, and other officers whatsoever, (for the probates of wills, and for the granting Of administra> WILLIAM PENN, PROPRIETARY AND GOVERNOR. 491 tion within the precincts aforesaid,) and with what power so- 1681. ever, and in such form, as to the said William Penn, or his " — *—" heirs, shall seem most convenient ; also to remit, release, par- " don, and abolish (whether before judgment or after) all crime charter of and offences whatsoever, committed within the said country, pfnn«yivs- ' J 7 nia, con- against the laws, (treason, and wilful and malicious murder tinued. only excepted, and in those cases to grant reprieves, until our Grant par- pleasure may be known therein,) and to do all and every other dons' thing and things which unto the complete establishment of justice, unto courts and tribunals, forms of judicature, and manner of proceedings do belong, although, in these presents, express mention be not made thereof; and by judges, by them delegated, to award proces's, hold pleas, and determine, in all the said courts and tribunals, all actions, suits, and causes whatsoever, as well criminal as civil, personal, real, and mixed ; which laws, so as aforesaid to be published, our plea sure is, and so we enjoin, require, and command, shall be most absolute and available in law, and that all the liege people and subjects of us, our heirs and successors, do observe and keep the same inviolably in those parts, so far as they con cern them, under the pain therein expressed, or to be ex pressed. Provided nevertheless, that the same laws be con- Proviso: sonant to reason, and not repugnant or contrary, but (as near ^sonant as conveniently may be) agreeable to the' laws and statutes, and with those rights of this our kingdom of England ; and saving and re- Bightfc.™ ' serving to us, our heirs and successors, the receiving, hearing, *vve21 re- and determining of the appeal and appeals of all or any per son or persons, of, in or belonging to the territories aforesaid, or touching any judgment to be there made or given. "VI. And forasmuch as, in the government of so great a LawsofEng- country, sudden accidents do often happen, whereunto it will J™*,^™' be necessary to apply remedy, before the freeholders of the are made in said province, or their delegates or deputies can be assembled ^p10™1*- to the making of laws ; neither will it be convenient that in stantly, upon every such occasion, so great a multitude should be called together, therefore, (for the better government of the said country,) we will ordain, and by these presents, for us, our heirs and successors, do grant unto the said William Penn, and his heirs, by themselves, or by their magistrates and officers, in that behalf duly to be ordained as aforesaid, to make and constitute fit and wholesome ordinances, from time to time, within the said country to be kept and observed, 492 1681. Charter of Pennsylvania, con tinued. laws to be transmitted to England for approval in five years. CHARLES II.— A. BROCKHOLLS, DEPUTY. as well for the preservation of peace, as for the better go-, vernment of the people there inhabiting, and publicly to notify the same to all persons whom the same doth, or may anywise concern. Which ordinances our will and pleasure is shall be observed inviolably within the said province, under the pains therein to be expressed, so as the said ordinances be consonant to reason, and be not repugnant nor contrary, but (so far as conveniently may be) agreeable with the laws of our kingdom of England, and so as the said ordinances be not extended, in any sort, to bind, change, or take away the right or interest of any person or persons, for, or in their life, members, freehold, goods, or chattels. And our further will and pleasure is, that the laws for regulating and govern- - ing of property within the said province, as well for the descent and enjoyment of lands, as likewise for the enjoyment and succession of goods and chattels, and likewise as to felonies, shall be and continue the same as they shall be, for the time being, by the general course of the law in oiir king dom of England, until the said laws shall be altered by the said William Penn, his heirs or assigns, and by the freemen of the said province, their delegates or deputies, or the greater part of them. " VII. And to the end that the said William Penn, or his heirs, or other the planters, owners, or inhabitants of the said province may not, at any time hereafter (by misconstruc tion of the power aforesaid) through inadvertency or design, depart from that faith and due allegiance which, by the laws of this our realm of England, they and all our subjects in our dominions and territories always owe to us, our heirs and successors, by colour of any extent, or largeness of powers hereby given, or pretended to be given, or by force or colour or any laws hereafter to be made in the said province, by vir tue of any such powers. Our farther will and pleasure is, that a transcript or duplicate of all laws which shall be so as aforesaid made and published within the said province, shall, within five years after the making thereof, be transmitted and • delivered to the privy council for the time being, of us, our heirs and successors ; and if any of the said laws, within the space of six months after that they shall be so transmitted and delivered, be declared by us, our heirs and successors, in our or their privy council, inconsistent with the sovereignty or lawful prerogative of us, our heirs or successors, or con- WILLIAM PENN, PROPRIETARY AND GOVERNOR. 493 trary to the faith and allegiance due to the legal government 1681. of this realm, from the said William Penn, or his heirs, or ' — ¦ — ' of the planters and inhabitants of the said province, and that thereupon any of the said laws shall be adjudged and declared charter of to be void, by us, our heirs and successors, under our or their PennBylTa- iii n nia, eon- pnvy seal, that then and from thenceforth, such laws, con- tinued. cerning which such judgment and declaration shall be made, shall become void, otherwise the said laws, so transmitted, shall remain and stand in full force, according to the true intent and meaning thereof. " VIII. Furthermore, that this new colony may the more Encourage- happily increase by the multitude of people resorting thither, m™*0°femi' therefore we, for us, our heirs and successors, do give and grant, by these presents, power, license, and liberty unto all the liege people and subjects, both present and future, of us, our heirs and successors, (excepting those who shall be espe cially forbidden,) to transport themselves and families unto the said country, with such convenient shipping as by the laws of this our kingdom of England they ought to use, and with fitting provision, paying only the customs therefore due, and there to settle themselves, dwell and inhabit, and plant, for the public and their own private advantage. " LX. And furthermore, that our subjects may be the rather Also, to encouraged to undertake this expedition with ready and cheerful minds, know ye, that we, of our special grace, certain knowledge, and mere motion, do give and grant, by virtue of these presents, as well unto the said William Penn, and his heirs, as to all others who shall from time to time repair unto the said country, full license to lade and freight, in any ports whatsoever of us, our heirs and successors, according to the laws made, or to be made, within our kingdom of England, and unto the said country, by them, their servants or assigns, to transport all and singular their goods, wares, and merchan dises, as likewise all sorts of grain whatsoever, and all other things whatsoever, necessary for food or clothing, not prohi bited by the laws and statutes of our kingdom and dominions, to be carried out of the said kingdom, without any let or mo lestation of us, our heirs or successors, or of any of the officers of us, our heirs or successors ; saving always to us, our heirs and successors, the legal impositions, customs, or other duties and payments for the said wares and merchan- 2T Charter of Pennsylvania, con tinued. May lay out towns,cities, &c Commercialadvantages. Seaports,creeks, and harbours. CHARLES IL— A. BROCKHOLLS, DEPUTY. dises, by any law or statute, due, or to be due, to us, our heirs and successors. " X. And we do further, for us, our heirs and successors, give and grant unto the said William Penn, his heirs and as signs, free and absolute power to divide the said country and islands into towns, hundreds, and counties, and to erect and incorporate towns into boroughs, and boroughs into cities, and to make and constitute fairs and markets therein, with all other convenient privileges and immunities, according to the merits of the inhabitants, and the fitness of the places, and to do all and every other thing and things touching the pre mises, which to him or them shall seem meet and requisite, albeit they be such as of their own nature might otherwise require a more special commandment and warrant than, in these presents, is expressed. " XI. We will also, and by these presents, for us, our heirs and successors, we do give and grant license, by this our charter, unto the said William Penn, his heirs and assigns, and to all the inhabitants and dwellers in the province afore said, both present and to come, to import or unlade, by them selves or their servants, factors, or assigns, all merchandises and goods whatsoever, that shall arise of the fruits and com modities of the said province, either by land or sea, into any of the ports of us, our heirs or successors, in our kingdom of England, and not into any other country whatsoever, and we give him full power to dispose of the said goods, in the said ports, and if need be, within one year next after the unlad ing of the same, to lade the said merchandise and goods again into the same, or other ships, and to transport the same into any other countries, either of our own dominions or foreign, according to law ; provided always, that they pay such cus toms and impositions, subsidies and duties for the same, to us, our heirs and successors, as the rest of our subjects of our kingdom of England, for the time being, shall be bound to pay, and do observe the acts of navigation, and other laws in that behalf made. " XII. And furthermore, of our ample and special grace, certain knowledge, and mere motion, we do, for us, our heirs and successors, grant unto the said William Penn, his heirs and assigns, full and absolute power and authority to make, erect, and constitute, within the said province, and the isles and inlets aforesaid, such and so many seaports, harbours, WILLIAM PENN, PROPRIETARY AND GOVERNOR. creeks, havens, keys, and other places for discharging and unlading of goods and merchandise out of the ships, boats, and other vessels, and landing them unto such and so many places, and with such rights, jurisdictions, liberties, and pri- charter of vileges unto the said ports belonging, as to him and them pfnnsyll,a- 111 -¦ • i nia^ con* shall seem most expedient; and that all and singular the tinned. ships, boats, and other vessels, which shall come for merchan dise and trade into the said province, or out of the same, shall be laden or unladen only at such ports as shall be created and constituted by the said William Penn, his heirs or assigns, (any use, custom or thing to the contrary notwithstanding.) Provided, that the said William Penn, and his heirs, and the lieutenants and govefnors for the time being, shall admit and receive in and about all such havens, ports, creeks, and keys, all officers and their deputies, who shall, from time to time, be appointed for that purpose by the farmers, or commis sioners of our customs for the time being. "XIII. And we do further appoint and ordain, and by customs, 4c. these presents, for us, our heirs and successors, we do grant ™B^jbb"^e unto the said William Penn, his heirs and assigns, that he, province. the said William Penn, his heirs and assigns, may, from time to time, for ever, have and enjoy the customs and subsidies, in the ports, harbours, and other creeks and places aforesaid, within the province aforesaid, payable or due for merchandise and wares there to be laded and unladed, the said customs and subsidies to be reasonably assessed, upon any occasion, by themselves and the people there, as aforesaid to be assem bled, to whom we give power by these presents, for us, our heirs and successors, upon just cause and due proportion, to assess and impose the same ; saving unto us, our heirs and -successors, such impositions and customs as, by act of parlia ment, are and shall be appointed. "XIV. And it is our farther will and pleasure, that the Agent to re- said William Penn, his heirs and assigns, shall, from time to time, constitute and appoint an attorney or agent, to reside in or near our city of London, who shall make known the place where he shall dwell, or may be found, unto the clerks of our privy-council, for the time being, or one of them, and shall be ready to appear in any of our courts at Westminster, to answer for any misdemeanor that shall be committed, or by any wilful default or neglect permitted by the said Wil liam Penn, his heirs or assigns, against the laws of trade and side in Lon don. 496 CHARLES II.— A. BROCKHOLLS, DEPUTY. 1681. navigation ; and after it shall be ascertained, in any of our ' — ' — ' courts, what damages we, or our heirs or successors, shall have sustained by such default or neglect, the said William Charter of Penn, his heirs or assigns,' shall pay the same within one year Pennsyiva- af(;er guc^ taxation, and demand thereof from such attorney, tmucd. or in case there shall be no such attorney by the space of one year, or such attorney shall not make payment of such da mages within the space of a year, and answer such other forfeitures and penalties within the said time, as by acts of parliament in England are and shall be provided, according to the true intent and meaning of these presents, then it shall The govern- be lawful for us, our heirs and successors, to seize and resume retutiTd by6 tne government of the said province or country, and the same England. to retain, until payment shall be made thereof; but notwith standing any such seizure, or resumption of the government, nothing concerning the propriety or ownership of any lands, tenements, or other hereditaments, goods or chattels of any of the adventurers, planters, or owners, other than the re spective offenders there, shall anyways be affected or molested thereby. " XV. Provided always, and our will and pleasure is, that Not to corre- neither the said William Penn, nor his heirs, nor any other Sngs,&c *ne inhabitants of the said province, shall at any time here- at war with after have or maintain any correspondence with any other England, king, prince or state, or with any of their subjects, who shall then be in war against us, our heirs and successors ; nor shall the said William Penn, or his heirs, or any other inhabitants of the said province, make war, or any act of hostility against any other king, prince, or state, or any of their subjects, who shall then be in league or amity with us, our heirs and suc cessors. " XVI. And because, in so remote a country, and situate May pursue near many barbarous nations, the incursions as well of the enenues! savages themselves, as of other enemies, pirates, and robbers, may probably be feared, therefore we have given, and for us, our heirs and successors, do give power, by these presents, to the said William Penn, his heirs and assigns, by themselves, or their captains, or other their officers, to' levy, muster, and train all sorts of men, of what condition soever, or whereso ever born, in the said province of Pensilvania, for the time being, and to make war, and to pursue the enemies and rob bers aforesaid, as well by sea as by land, even without the WILLIAM PENN, PROPRIETARY AND GOVERNOR. 497 limits of the said province, and by God's assistance, to van- 1681. quish and take them, and being taken, to put them to death, ' ¦ ' by the laws of war, or to save them, at their pleasure, and to charter of do all and every other thing which unto the charge and office pfnnsTlTar •/ o o nia, con- of a captain-general of an army belongeth, or hath accus- tinued. tomed to belong, as fully and freely as any captain-general of an army hath ever had the same. " XVII. And furthermore, of our special grace, and of -our May dispose certain knowledge, and mere motion, we have given and oflimdB¦ granted, and by these presents, for us, our heirs and succes sors, do give and grant unto the said William Penn, his heirs and assigns, full and absolute power, license, and authority, that he, the said William Penn, his heirs and assigns, from time to time hereafter, for ever, at his or their own will and pleasure, may assign, alien, grant, demise, or enfeoff of the premises, so many, and such parts and parcels to him or them that shall be willing to purchase the same, as they shall think fit, to have and to hold to them, the said person or persons willing to take and purchase, their heirs and assigns, in fee- simple, or fee-tail, or for the term of life, lives, or years, to be held of the said William Penn, his heirs or assigns, as of the said seigniory of Windsor, by such services, customs, or rents, as shall seem meet to the said William Penn, his heirs or assigns, and not immediately of us, our heirs or successors. " XVIII. And to the same person or persons, and to all and every of them, we do give and grant, by these presents, for us, our heirs and successors, license, authority and power that such person or persons may take the premises, or any parcel thereof, of the aforesaid William Penn, his heirs or assigns, and the same to hold to themselves, their heirs and assigns, in what estate of inheritance soever, in fee-simple, or in fee-tail, or otherwise, as to him, the said William Penn, his heirs or assigns, shall deem expedient ; the statute made in the parliament of Edward, the son of king Henry, late king of England, our predecessor, (commonly called the statute ' Quia Emptores Terrarum,' lately published in our kingdom of England,) in anywise notwithstanding. "XIX. And by these presents, we give and grant license May erect unto the said William Penn, and his heirs, and likewise to all mimors' and every such person or persons to whom the said William Penn, or his heirs, shall at any time hereafter grant any es- A tate or inheritance, as aforesaid, to erect any parcels of land 63 2l2 498 1681. Charter of Pennsylva nia, con tinued. Frank pledge. King not to lay taxes with out consent of proprieta ry or parlia ment. CHARLES II. —A. BROCKHOLLS, DEPUTY. within the province aforesaid, into manors, by and with the li cense to be first had and obtained for that purpose, under the hand and seal of the said William Penn, or his heirs, and in every of the said manors, to have and to hold a court-baron, with all things whatsoever which to a court-baron do belong, and to have and to hold view of frank-pledge, for the conservation of the peace, and the better government of those parts, by them selves, or their stewards, or by the lords, for the time being, of the manors to be deputed, when they shall be erected, and in the same to use all things belonging to the view of frank pledge. And we do further grant license and authority, that every such person or persons who shall erect any such manor or manors, as aforesaid, shall or may grant all or any part of his said land to any person or persons, in fee-simple, or any other estate of inheritance, to be held of the said manors re spectively, so as no further tenure shall be created, but that upon all further or other alienations thereafter to be made, the said lands so aliened shall be held of the same lord and his heirs, of whom the aliener did then before hold, and by the like rents and services which were before due and accus tomed. " XX. And furthermore, our pleasure is, and by these pre sents, for us, our heirs and successors, we do covenant and grant to and with the said William Penn, his heirs and as signs, that we, our heirs and successors, shall, at no time hereafter, set or make, or cause to be set or made, any impo sition, custom, or other taxation, rate, or contribution what soever, in and upon the dwellers and inhabitants of the aforesaid province, for their lands, tenements, goods, or chat tels, within the said province, or in and upon any goods and merchandises within the province, or to be laden or unladen within the ports or harbours of the said province, unless the same be with the consent of the proprietary or chief gover nor, or assembly, or by act of parliament in England. " XXI. And our pleasure is, and for us, our heirs and suc cessors, we charge and command, that this, our declaration, shall from henceforth, from time to time, be received and allowed in all our courts, and before all the judges of us, our heirs and successors, for a sufficient lawful discharge, pay ment and acquittance, commanding all the officers and minis ters of us, our heirs and successors, and enjoining them, upon pain of our highest displeasure, that they do not presume at va- nia, cou- WILLIAM PENN, PROPRIETARY AND GOVERNOR. 499 any time to attempt any thing to the contrary of the premises, 1681. or that do, in any sort, withstand the same, but that they be, ' — > — ' at all times, aiding and assisting, as is fitting, to the said William Penn, and his heirs, and . unto the inhabitants and charter of merchants of the province aforesaid, their servants, ministers, pfnDsy1' « . . f. ., uia, con- factors, and assigns, in the full use and fruition of the benefit tinued. of this our charter. " XXII. And our farther pleasure is, and we do hereby, for control of us, our heirs and successors, charge and require, that if any *f i^°p of the inhabitants of the said province, to the number of twenty, shall, at any time hereafter, be desirous, and shall, by any writing, or by any person deputed by them, signify such their desire to the Bishop of London, for the time being, that any preacher or preachers, to be approved of by the said bishop, may be sent unto them for their instruction, that then such preacher or preachers shall and may reside within the said province, without any denial or molestation whatsoever. " XXIII. And if perchance hereafter any doubt or ques- interpreta tion should arise concerning the true sense and meaning of tl0n- any word, clause, or sentence, contained in this our present charter, we will, ordain, and command, that at all times, and in all things, such interpretation be made thereof and allowed, in any of our courts whatsoever, as shall be adjudged most advantageous and favourable unto the said William Penn, his heirs and assigns : provided always, no interpretation be ad mitted thereof, by which the allegiance due unto us, our heirs and successors, may suffer any prejudice or diminution ; al though express mention be not made, in these presents, of the true yearly value, or certainty of the premises, or any part thereof, or of other gifts and grants made by us, and our progenitors or predecessors, unto the said William Penn, any statute, act, ordinance, provision, proclamation, or restraint heretofore had, made, published, ordained, or provided, or any thing, cause, or matter whatsoever, to the contrary thereof in anywise notwithstanding. In witness whereof, we have caused these our letters to be made patent : witness ourself, at Westminster, the 4th day of March, in the three and thirtieth year of our reign, Annoque Domini one thousand six hundred and eighty-one. " By writ of privy-seal, - Pigott."1 " This venerable document, which is in the office of the 1 Votes of Assembly, vol. i. p. xxiv. Reg. Penns. vol. i. pp. 293 — 297. 500 CHARLES II.— A. BROCKHOLLS, DEPUTY. March 15. Letter to R. Turner. 1681. Secretary of the Commonwealth, is written on strong parch- ' — ' — ' ment, in the old English handwriting, with each line under scored with lines of red ink, that give it a curious appearance. The borders are gorgeously furbelowed with heraldic devices, and the top of the first page exhibits a finely executed like ness of his majesty, in good preservation."1 It is now framed and hung up. The feelings of Penn, upon this occasion, are thus ex pressed in a letter to his friend, Robert Turner, dated the next day, when he probably came into possession of the char ter. This letter also contains a history of the name given to the province. " To Robert Turner. 5th of 1st mo. 1681. " Dear friend — My true love in the Lord salutes thee, and dear friends that love the Lord's precious truth in those parts. Thine I have, and for my business here, know that after many waitings, watchings, solicitings, and disputes in council, this day my country was confirmed to me under the great seal of England, with large powers and privileges, by the name of Name how Pennsylvania, a name the king would give it, in honour of and hv */ ¦ o o whom given, my father. I chose New Wales, being, as this, a pretty hilly country, but Penn being Welsh for a head, as Penmanmoire, in Wales, and Penrith, in Cumberland, and Penn, in Buck inghamshire, the highest land in England, called this Penn sylvania, which is, the high or head woodlands ; for I pro posed, when the secretary, a Welshman, refused to have it called New Wales, Sylvania, and they added Penn to it, and though I much opposed it, and went to the king to have it struck out and altered, he said it was past, and would take it upon him ; nor could twenty guineas move the under-secre- taries to vary the name, for I feared lest it should be looked on as a vanity in me, and not as a respect in the king, as it truly was, to my father, whom he often mentions with praise. Thou mayest communicate my grant to friends, and expect shortly my proposals. It is a clear and just thing, and my God, that has given it mo through many difficulties, will, I believe, bless and make it the seed of a nation. I shall have a tender care to the government, that it will be well laid at first. No more now, but dear love in the truth. " Thy true friend, William Penn."2 ' Dunlop, in Memoirs of Penn. Hist. Soe. vol. i. p. 164. 2 Reg. Penns. vol. i. p. 297. Memoirs of Penn. Hist. Soe. WILLIAM PENN, PROPRIETARY AND GOVERNOR. 501 The Upland court met in the town of Kinsesse, Upland 1681. county. - — r—> Magister Jacobus Fabricius complains, that in the survey of his land granted by the court, there are 65 acres of swamp, March 8. and therefore desires 65 acres more, which were granted, of j.Pabricius vacant land, but no abatement of quit-rent, unless the o'o- applies for vernor should cause it. ' & newlaml- • A grant of 25 acres each, of marsh or meadow land, to Several E. Herman, Laers Cock, and Peter Van Vanbrug, in addition s.rantscPP°- to their lands at Taomacken, the marsh lying" in the mill ton. ^^ creek opposite Burlington.1 The oldest deed on record in Bucks county, is one of this April 1. date, from William Penn to Thomas Woolrich, of Shalford eounty, of Stafford, England. It recites the grant of William Penn from Charles IL, of 4th March. The deed is for 1000 acres ; consideration, £20, and Is. per 100 acres, quit- rent.2 (March 22, 1681.) The next is July 27, 1681, to James Hill, of Beckington, county of Somerset, shoemaker, for 500 acres, in considera tion of £10, and Is. quit-rent. BrockhoUs writes to the justices of Whorekill, in answer April 9. to one from them, complaining of the conduct of the clerk Removal of of the court, (Cornelius Verhoof,) and of their having re- court by jus- moved him. He says, " they had done well had they sent tioes aisap- the case to New York before he was suspended, it being a ^0°'by matter rather becoming the powers of some higher judicature, and not so fitting for yourselves, who were the accusers, to judge of; however, I am inclinable to believe you did not do it without full examination into the truth, and in hopes of amendment for the future., am willing to pass it by, to which you have made a good step in the choice of William Clark, a Appomt- person I judge capable enough, and could well approve of for cilrklp- m a continuance, were he not one of your bench, which is not proved 04 ... n , . , i i though one practicable in any part of this government; however, he may ofthe officiate till further order." He afterwards refuses to deliver bench- up the records ; the magistrates' court and sheriff are autho rized to demand them; if not found, bind the clerk over to the court of assizes.3 After the charter had been signed nearly a month, a public AprU 12. declaration of the fact is made by the king, addressed to the ' Upland Records. 2 Bucks County Records, per W. Carr. 3 Albany Records, in Breviat, p. 33. 502 CHARLES II.— A. BROCKHOLLS, DEPUTY. ration of grant to Penn. 1681. inhabitants and planters of Pennsylvania, intended probably ' — " — ' to accompany Markham. It is as follows : " Charles R. — Whereas his majesty, in consideration of King's decia- the great merit and faithful services of Sir William Penn, deceased, and for divers other good causes him thereunto moving, hath been graciously pleased, by letters-patent bear ing date the 4th day of March last past, to give and grant unto William Penn, Esq., son and heir of the said Sir William Penn, all that tract, &C (as described in the charter.) " His majesty doth, therefore, hereby publish and declare his royal will and pleasure, that all persons settled or inhabit ing within the limits of the said province, do yield all due obedience to the said William Penn, his heirs and assigns, as absolute proprietaries and governors thereof, as also to the deputies, agents, or lieutenants, lawfully commissioned by him or them, according to the powers and authorities granted by the said letters-patent, wherewith his majesty expects and requires a ready compliance from all persons whom it may concern, as they tender his majesty's displeasure. " Given at the court, &c, 2d April, 1681, thirty-third year of reign. By his majesty's command. Conway."1 Penn prepared, with his own hand, a letter, to be sent by his deputy governor, " for the inhabitants of Pennsylvania, to be read by my deputy." The letter is sealed with three seals, bearing the arms of the Penn family, impressed on red wax. The original is, or was in possession of the Chew family. " My friends — I wish you all happiness, here and hereafter. These are to let you know that it hath pleased God, in his providence, to cast you within my lot and care. It is a busi ness that, though I never undertook before, yet God has given me an understanding of my duty, and an honest mind to do it uprightly. I hope you will not be troubled at your change, and the king's choice, for you are now fixed at the mercy of no governor that comes to make his fortune great; you shall be governed by laws of your own making, and live a free, and, if you will, a sober and industrious people. Ishall not usurp the right of any, or oppress his person. God has furnished me with a better resolution, and has given me his grace to keep it. In short, whatever sober and free men can reasonably desire for the security and improvement of their > Votes of Assembly, vol. i. p. xxiv. Reg. Penns. vol. i. p. 304. April 18. letter of Penn to the inhabitants of Pennsyl vania. WILLIAM PENN, PROPRIETARY AND GOVERNOR. 503 own happiness, I shall heartily comply with, and in five 1681. months resolve, if it please God, to see you. In the mean Wl — ' time, pray submit to the commands of my deputy, so far as they are consistent with the law, and pay him those dues, (that formerly you paid to the order of the governor of New York,) for my use and benefit, and so I beseech God to direct you in the way of righteousness, and therein prosper you and your children after you. I am your true friend, " William Penn. "London, 8th of the month called April, 1681."1 On the same day, it appears by Markham's commission, instructions that Penn issued some instructions to him, of the nature of toMarMiam' which, having never seen them, we have no knowledge, but from the connection in which they stand in the commission, it is to be inferred that they related to the settlement of boun daries with his neighbours, and the disposition of lands. At New Castle court, Mr. John Levin appears, and pro- April is. duced his commission ; understanding it had been publicly Mr. Leviu read in court, "demanded whether anybody questioned it;" ^j^™"^ none appearing, it was recorded.3 si°m In a few days after the king's declaration, William Penn April 20. commissioned his relative, William Markham, to be deputy governor, giving him such instructions as the short time since his obtaining the charter would allow. They are as follows : " The commission given by William Penn, governor and wm. Penn's . , « ,i • p T, 1 • .. 1 ¦ ¦ commission proprietor of the province of Pennsylvania, to his cousin, to wmiam William Markham, to be deputy governor for him, of the Markham. aforesaid province. At Westminster, this 10th of 2d mo. 1681. governor. " Whereas the king hath graciously pleased, upon divers good considerations, to settle upon me and my heirs for ever, by his letters-patent, under the great seal of England, dated the 4th of March last, a tract of land in America, by the name of Pennsylvania, lying and bounded as in the said letters-patent is particularly expressed, with ample powers and authorities requisite for the well-governing of the same, to be exercised by me or my deputy. Out of the special re gard that I have to the care and fidelity of my cousin, Wil liam Markham, I do hereby appoint him my deputy, and fully authorize him in my stead and for my behoof, and for the benefit of the said province, to act and perform what may 1 Reg. Penns. vol. i. p. 377, and Memoirs Penn. Hist. Soe. vol. iii. p. 205. 2 New Castle Records. 504 CHARLES IL— A. BROCKHOLES, DEPUTY. 1681. be fully needful to the peace and safety thereof, till I myself ' — ¦ — ' shall arrive, or he shall receive further orders ; that is to say, he has hereby power, to can a " 1st. To call a council, and that to consist of nine, he council presiding. " 2d. That he does there read my letter to the inhabitants, Read letter and the king's declaration of subjection ; then (or there) take Intend' tae inhabitants' acknowledgments of my authority and pro ng's decia- priety. " 3d. To settle bounds between me and my neighbours; to settle boun- survey, set out, rent, or sell lands, according to (my) instruc- darieswith tiong t,earin„ o j lomes, con- kingdom has not only rendered many unfruitful when married, tinucd. but they live not out half their time, through excess, which might be prevented, by a vigorous execution of our good laws against corruption of manners. These and the like evils are the true grounds of the decay of our people in the country, to say nothing of plague and wars ; towns and cities cannot complain of the decay of people, being more replen ished than ever, especially London, which, with reason, helps the countyman to this objection. And though some do go to the plantations, yet, numbering the parishes in England, and computing how many live more than die, and are born than buried, there goes not over to all the plantations a fourth part of the yearly increase of the people, and when they are there, they are not (as I said before) lost to England, since they furnish them with much clothes, household stuff, tools, and the like necessaries, and that in greater quantities than here their condition could have needed, or they could have bought, being there well to pass, that were but low here, if not poor ; and now masters of families too, when here they had none, and could hardly keep themselves ; and very often it happens that some of them, after their industry and success there have, made them wealthy, they return and empty their riches into England, one in this capacity being able to buy out twenty of what he was when he went over. " Thus much to justify the credit and benefit of planta tions, wherein I have not sought to speak my interest, but my judgment, and I dare venture "the success of it with all sober and considering men." He then proceeds to a very short notice of the country, Does not observing, "I shall say little in its praise, to excite desires ^^"j,, in any whatever. I could truly write as to the soil, air, and go by Ms water ; this shall satisfy me, that by the blessing of God, and £^f th" the honesty and industry of man, it may be a good and fruitful land. " For navigation, it is said to have two conveniences ; the Fine naviga- one by lying ninescore miles upon Delaware River, i. e. about .J^ms. e threescore and ten miles before we come to the falls, where a 510 CHARLES IL— A. BROCKHOLES, DEPUTY. 1681. vessel of 200 tons may sail, (and some creeks and small har- s ' ' hours in that distance, where ships may come nearer than the river into the country,) and above the falls, for sloops and boats, as I am informed, to the extent of the patent. The other convenience is through Chesapeake Bay." He then notices briefly, the variety of the timber, and the Products of abundance of the fowl, fish, and wild deer. "Our English p^smt^ncf provision is likewise to be had there at reasonable rates." future. The commodities that the country is thought capable of pro ducing, viz. "silk, flax, hemp, wine, cider, woad, madder, liquorice, tobacco, potashes, and iron." He then enumerates what "it does actually produce, hides, tallow, staves, beef, pork, sheep, wheat, barley, and furs of different kinds, to be found among the Indians." He then notices "the way of trading" with other countries, &c. " The constitutions" next claim his attention. According constitution to the patent, the people and governor have a legislative power, so that no law can be made, nor money raised, without the people's consent. The rights and freedoms of England to be in force there. " May enact what laws we please, ex cept against allegiance," which would be void. " So soon as any are engaged with me, we shall begin a scheme or draft together, such as shall give ample testimony- of my sincere inclinations to encourage planters, and settle a free, just, and industrious colony there." The conditions come next in. order, and relate, " 1st, To conditions those that will buy. 2d. Those that take up land upon rent. of shares ^d. Servants. As to the first, the shares to be certain as to the and land. number of acres ; each to contain 5000 acres, free from any quit-rents. Indian incumbrance, price £100, and Is. English quit-rent for 100 acres; quit-rent not to begin till after 1684. Se cond, renters to pay Id. per acre, not to exceed 200 acres. Third, servants, those that are carried ; the master shall be allowed 50 acres per head, and 50 acres to every servant when his time is expired. And as some engage with me that may not be disposed to go," he advises an overseer to be sent for every three adventurers, with their servants ; and he then speaks of the dividend. " If the persons concerned please, a tract shall be surveyed, of 50,000 acres, to 100 adven- Towns and turers, of which some of the best shall be set out for towns or cities, .and there shall be so much ground allowed to each in those towns, as may maintain some cattle, and produce WILLIAM PENN, PROPRIETARY AND GOVERNOR. 511 some corn ;" the remainder of the 50,000 to be shared among 1681. the adventurers, (casting up the barren for commons,) and v ¦ — ' allowing for the same, whereby every adventurer will have a considerable quantity together ; likewise every one a propor tion by a navigable river, and then backward into the coun try. The manner of the dividend I shall not be strict in ; we can but speak roughly of the matter here, but let men skilful in plantations be consulted, and I shall leave it to the majority of votes among the adventurers, when it shall please God we come there, how to fix it to their own content." He then speaks " of the persons that providence seems to Persons have most fitted for plantations: 1st. Industrious husband- ^l™1^ men and day-labourers, that are hardly able (with extreme labour) to maintain their families and portion their children. " 2d. Laborious handicrafts, especially carpenters, masons, smiths, weavers, tailors, tanners, shoemakers, shipwrights, &c, where they can be spared, or are low in the world ; labour will be worth more there, and provisions be cheaper. " 3d. A plantation seems a fit place for those ingenious spirits that, being low in the world, are much clogged and oppressed about a livelihood, for the means of subsisting being easy there, they may have time and opportunity to gratify their inclinations, and thereby improve science, and help nurseries of people. " 4th. A fourth sort of men to whom a plantation would be proper, takes in those that are younger brothers of small inheritances, yet because they would live in sight of their kindred,' in some proportion to their quality, and cannot do it without a labour that looks like farming, their condition is too strait for them, and if married, their children are often too numerous for the estate, and are frequently bred up to no trades, but are a kind of hangers on or retainers to the elder brother's table and charity, which is a mischief as in itself to be lamented, so here to be remedied, for land they have for next to nothing, which with moderate labour produces plenty of all things necessary for life, and such an increase as by traffic may supply them with all conveniences. " Lastly, there are another sort of persons, not only fit for, but necessary in plantations, and that is, men of universal spirits, that have an eye to the good of posterity, and that both understand and delight to promote good discipline and just government among a plain and well-intending people. 512 CHARLES II.— A. BROCKHOLES, DEPUTY. 1681. Such persons may find room in colonies for their good counsel ' — ' — ' and contrivance, who are shut out from being of much use or service to great nations under settled customs; these men de serve much esteem, and would be hearkened to. Doubtless it was this (as I observed before) that put some of the famous Greeks and Romans upon transplanting and regulating colo nies of people in divers parts of the world, whose names, for giving so great proof of their wisdom, virtue, labour, and constancy, are with justice honourably delivered down by story to the praise of our own times, though the world, after all its higher pretences of religion, barbarously errs from their excellent example." Then, of the journey, and what may be reasonably ex pected when they arrive there : " Next, let us see what is fit for the journey and place, Of the jour- when there, and also what may be the charge of the voyage, whatistobe an<^ wnat is to be expected and done there at first, that such done there, as incline to go may not be to seek here, or brought under any disappointments there. The goods fit to take with them for use, or sell for profit, are all sorts of apparel and utensils for husbandry, and building and household stuff. And be cause I know how much people are apt to fancy things beyond what they are, and that imaginations are great flatterers of the minds of men, to the end that none may delude them selves with an expectation of an immediate amendment of their conditions, so soon as it shall please God they arrive there ; I would have them understand that they must look for a winter before a summer comes, and they must be willing to be two or three years without some of the conveniences they enjoy at home ; and yet I must needs say that America is another thing than it was at the first plantation of Virginia and New England, for there is better accommodation, and English provisions are to be had at easier rates ; however, I am inclined to set down particulars, as near as those inform me that know the place, "and have been planters both in that and in the neighbouring colonies. " 1st. The passage will come, for masters and mistresses, at most to £6 a head ; for servants, £5 a head, and for child ren under seven years of age, 50s., except they suck, then nothing. "Next being, by the mercy of God, safely arrived, in Sep tember or October, two men may clear as much ground by WILLIAM PENN, PROPRIETARY AND GOVERNOR. spring, (when they set the corn of that country,) as will bring in that time twelvemonth, forty barrels, which amounts to two hundred bushels, which makes twenty-five quarters of corn ; so that the first year they must buy corn, which is usually very plentiful. They may, so soon as they come, buy cows, more or less, as they want, or are able, which are to be had at easy rates. For swine, they are plentiful and cheap ; these will quickly increase to a stock ; so that after the first year, what with the poorer sort sometimes labouring to others, and the more able fishing, fowling, and sometimes buying, they may do very well, till their own stocks are sufficient to supply them and their families, which will quickly be, and to spare, if they follow the English husbandry, as they do in New England and New York, and get winter fodder for their stock." After which an abstract of the patent is inserted. He then concludes by advising to due consideration of all the circum stances and probabilities, and to make no rash or hasty de cisions. " To conclude, T desire all my dear country folks, who may considera- be inclined to go into those parts, to consider seriously the m™^™1' premises, as well the present inconveniences, as future ease and plenty, that so none may move rashly, or from a fickle, but solid mind, having, above all things an eye to the provi dence of God, in the disposal of themselves. And I would further advise all such at least to have the permission, if not the good liking of their near relations, for that is both natu ral, and a duty incumbent upon all, and by this means will natural affection be preserved, and a friendly and profitable correspondence be maintained between them. In all which I beseech Almighty God to direct us, that his blessing may at- N tend our honest endeavour, and then the consequence of all our undertaking will turn to the glory of his great name, and the true happiness of us and our posterity. Amen. " William Penn."1 Adventurers are referred to Philip Ford, Thomas Rudyard, and Benjamin Clark, for information, &c. We have, in this document, the origin of the quit-rents, which afterwards gave considerable uneasiness in the province. Justice Otto Ernest informs the court of Upland that he June 8- has bought and paid for, of the Indian proprietors, a certain 1 Reg. Penns. vol. i. p. 308. 65 514 1681. J. Fabricius and his salary. Ear-marks. Man fined for not working on roads. Lands bought on Schuylkill,and now held by va rious per sons, to pay their propor tion. June 14. Surveyor of roads. June 12. CHARLES II.— A. BROCKHOLES, DEPUTY. swampy or marshy island, called by the Indians " Quist- conck," lying at the upper end of Tinnackonk Island, in the river, opposite Andrews Boone's Creek. Upon petition of Jacobus Fabricius, " ordered, that the churchwardens of the petitioner's church take care that every one of those who have signed and promised towards his main tenance, do pay him the sums promised, upon pain of execu tion against the defective." Ear-marks for cattle are now recorded. John Champion is fined, on complaint of overseers of roads, 25 guilders, for not working upon the highways, on due warning. William Warner1 and William Oram requesting, the court ordered, that the several people that hold lands of that which the petitioners bought of the Indians, lying on Schuylkill, every one to repay him proportionably to the quantity of land they hold there, the whole purchase which the petitioners paid being 335 guilders. The following persons hold lands within that limit : Andrew Juchoun, 200 ; Andrew Horn- man, 200; Pelle Laerson, alias Peter Pelle, 100; Peter Erickson, 200; William Warner, 100; William Oram, 100; John Booles and John Schooten, 400 ; Swen Lorn, 300 ; each to pay their proportions. William Boyles appointed surveyor and overseer of high ways, from the falls to Poetquessing Creek, and to see roads and bridges in good order, by next court, and to requh'e the inhabitants to help. Gilbert Wheeler is fined £4 for selling strong drink to the Indians.2 On the records in the surveyor-general's office, is the fol lowing certificate of survey for land to the Swensons, and is perhaps a part of what was in dispute in 1679. (See pp. 447 and 463.) The creek named is probably the Cohocksink, as Rambo's petition embraced " the land between the land of Wiccacoa and the land of Juriaen Hartsfelder." " By virtue of a warrant from the court of Upland. — Laid out for Swan Swanson, Ole Swanson, Andrew Swanson, in habitants of Wicakoe, a tract of land, being an addition to ' We have noticed, on page 455, a report ofthe early settlement of Warner ; the date of the above purchase is not given ; it may have been made several years previously. 2 All from Upland Records. WILLIAM PENN, PROPRIETARY AND GOVERNOR. their other land, called Wicakoe, situated and being on the west side of Delaware River ; beginning at a corner-marked Spanish oak, standing by the river side, at the mouth of a small run called Cooconocon ; from thence up by the survey ot north-west 40 perches, to a corner-marked white oak; from preS9ntsit0 thence west by a line of marked trees, 247 perches, to a cor- phia, for ° ner-marked red oak; and from thence south by a line of Swan8ons- marked trees, 170 perches, to a corner-marked black oak, standing near the old line of another tract, called Wicakoe ; from thence south by east by aline of marked trees, 290 perches, to a corner-marked white oak, standing by the side of Dela ware; from thence up by said river, north by east, and north-north-east, 210 perches, to the first-mentioned Spanish oak, containing 345 acres of fast land. Surveyed the 21st of June, 1681, per Richard Noble, surveyor of Upland county. " This was surveyed in 1681, but when ordered by the court is uncertain, and last year we found it waste, when we began to build a house. S. H." At what time Markham left England is not very certain, juiyi. but, as appears from the following letter or order, he was in Arrival of New York on the 21st of June ; he must have departed in ™liam ' r Markham, as April, or perhaps early in May. Clarkson, and most of our deputy go- historians say, he accompanied other commissioners and some vernor- emigrants, later in the year, but this is disproved by their very instructions, and completely settled by the order below. It has been intimated, too, that he arrived first in the Dela ware, but the probability is that he landed first at Boston or New York, from the circumstance of his commission being on record at the former, and that he obtained the order from the governor at the latter place, on his way to his govern ment. It is addressed by lieutenant-governor of New York ( " to the justices of the peace, magistrates, and other officers within the bounds and limits mentioned, now called Penn sylvania. " Whereas his majesty hath been graciously pleased, by his order of letters-patent bearing date 4th March last, to give and grant NewTorkto to William Penn, esquire, all the tract of land in America inhabitants now called by the name of Pennsylvania, formerly under the ™^ea^yl* protection and government of his royal highness, as the same submit to is bounded, (as described in the charter,) with all powers, T^J_8°" pre-eminences, and jurisdictions necessary for the government of a province, as by letters-patent doth at large appear, which, 516 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. with his majesty's gracious letter, directed to the inhabitants ' — ' — ' and planters within the said limits, and a commission from the said William Penn to the bearer hereof, William Mark ham, esquire, to be his deputy governor of the said province, have been produced and shown to us, and are entered upon record in the office of records for this province, and by us highly approved of, as his majesty's royal will and pleasure, therefore thought fit to intimate the same to you, to prevent any doubt or trouble that might arise, and to give you our thanks for your good service done in your several offices and stations, during the time you remained under his royal high ness's government, expecting no further account than that you readily submit and yield all due obedience to the said letters-patent, according to the true intent and meaning thereof, in the performance and enjoyments of which we wish you all happiness. New York, June 21, 1681. ¦. " Anthony Brockholls. " By order in council, &c. — John West, clerk of council." It does not appear, from this, that any emigrants accom panied Markham, as some historians assert ; it is more probable that none came with him, as there had scarcely been time, since the date of the charter, for the preparation we should suppose necessary previous to the removal for a settlement in a new country. But little is known of his acts ; such facts as we have met with will appear under their proper dates. Penn published " certain conditions or concessions agreed July 21. upon between him and the adventurers and purchasers," in which certain rules of settlement are laid down, and direc tions for the treatment of the Indians, so as to establish and preserve a firm and lasting friendship with them. These were probably preliminary to the frame of government afterwards adopted. " Certain conditions and concessions agreed upon by Wil- conditions liam Penn, proprietary and governor of the province of Penn ons™10 ' sylvania, and those who are the adventurers and purchasers in the said province,' the 11th of July, 1681. " I. That so soon as it pleaseth God that the above persons city to be arrive there, a certain quantity of land or ground plat shall roads. De ^id out for a large town or city, in the most convenient place upon the river for health and navigation ; and every purchaser and adventurer shall, by lot, have so much land therein as will answer to the proportion which he hath bought W. MARKHAM, DEPUTY.— CHARLES II. or taken up upon rent. But it is to be noted, that the sur veyors shall consider what roads or highways will be neces sary to the cities, towns, or through the lands. Great roads from city to city not to contain less than forty feet in breadth, shall be first laid out and declared to be for highways, before the dividend of acres be laid out for the purchaser, and the like observation to be had for the streets in the towns and cities, that there may be convenient roads and streets pre served, not to be encroached upon by any planter or builder, that none may build irregularly, to the damage of another. In this custom governs. " II. That the land in the town be laid out together, after Proportions the proportion of ten thousand acres of the whole country ; of land' that is, two hundred acres, if the place will bear it ; however, that the proportion be by lot, and entire, so as those that de sire to be together, especially those that are by the catalogue laid together, may be so laid together both in the town and country. " III. That when the country lots are laid out, every pur- Quantity to chaser, from one thousand to ten thousand acres, or more, not '""J1 10" 7 3 . 7 gether. to have above one thousand acres together, unless in three years they plant a family upon every thousand acres, but that all such as purchase together, lie together, and if as many as comply with this condition, that the whole be laid out together. " IV. That where any number of purchasers, more or less, May settle whose number of acres amounts to five or ten thousand acres, £f^™„™ desire to sit together in a lot or township, they shall have their lot or township cast together, in such places as have convenient harbours, or navigable rivers attending it, if such can be found ; and in case any one or more purchasers plant not according to agreement in this concession, to the preju dice of others of the same township, upon complaint thereof made to the governor or his deputy, with assistance, they may award (if they see cause) that the complaining purchaser may, paying the survey-money, and purchase-money, and interest thereof, be entitled, enrolled, and lawfully invested in the lands so not seated. " V. That the proportion of lands that shall be laid out in Eachtohave the first great town or city, for every purchaser, shall be after v^^Sx the proportion of ten acres for every five hundred acres pur- acres. chased, if the place will allow it. " VI. That notwithstanding there be no mention made in Provision re specting ri vers, mines, &c.Land for servants. Encouragement to search for mines. Proprie tary's por tion. Must plant in three years. No trading with In dians except in market. WILLIAM PENN, PROPRIETARY AND GOVERNOR. the several deeds made to the purchaser, yet the said William Penn does accord and declare, that all rivers, rivulets, woods and underwoods, waters, water-courses, quarries, mines and minerals, (except mines-royal,) shall be freely and fully en joyed, and wholly, by the purchasers into whose lot they fall. " VII. That for every fifty acres that shall be allotted to a servant at the end of his service, his quit-rent shall be two shillings per annum, and the master or owner of the servant, when he shall take up the other fifty acres, his quit-rent shall be four shillings by the year, or if the master of the servant (by reason in the indentures he is so obliged to do,) allot out to the servant fifty acres in his own division, the said master shall have, on demand, allotted him from the governor, the one hundred acres at the chief rent of six shillings per annum. " VIII. And for the encouragement of such as are ingen ious and willing to search out gold and silver mines in this province, it is hereby agreed that fhey shall have liberty to bore and dig in any man's property, fully paying the damage done ; and in case a discovery should be made, that the dis coverer have one-fifth, the owner of the soil, (if not the dis coverer,) a tenth part, the governor two-fifths, and the rest to the public treasury, saving to the king the share reserved by patent. " IX. In every hundred thousand acres, the governor and proprietary, by lot, reserveth ten to himself, which shall lie but in one place. " X. That every man shall be bound to plant or man so much of his share of land as shall be set out and surveyed, within three years after it is so set out and surveyed, or else it shall be lawful for new comers to be settled thereupon paying to them their survey-money, and they go up higher for their shares. " XI. There shall be no buying and selling, be it with an Indian or among one another, of any goods to be exported, but what shall be performed in public market, when such places shall he set apart or erected, where they shall pass the public stamp or mark. If bad ware, and prized as good, or deceitful in proportion or weight, to forfeit the value as if good, and full weight and proportion, to the public treasury of the province, whether it be the merchandise of the Indian, or that of the planters. W. MARKHAM, DEPUTY.— CHARLES II. " XII. And forasmuch as it is not unusual with the planters to overreach the poor natives of the country in trade, by goods not being good of the kind, or debased with mixtures, with which they are sensibly aggrieved, it is agreed, wnatever Goods sold is sold to the Indians in consideration of their furs, shall be *° ];n?T, ' to oe tested. sold in the market-place, and there suffer the test, whether good or bad ; if good, to pass, if not good, not to be sold for good, that the natives may not be abused nor provoked. " XIII. That no man shall, by any ways or means, in word offences ' or deed, affront or wrong any Indian, but he shall incur the ^^be" same penalty of the law as if he had committed it against punished as his fellow-planter ; and if any Indian shall abuse, in word or w^t deed, any planter of this province, that he shall not be his own judge upon the Indian, but he shall make his complaint to the governor of the province, or his lieutenant or deputy, or some inferior magistrate near him, who shall, to the utmost of his power, take care, with the king of the said Indian, that all reasonable satisfaction be made to the said injured planter. " XIV. That all differences between the planters and the Differences natives, shall also be ended by twelve men, that is, by six ^etween Iu- ' " 77./ dians aud planters and six natives, that so we may live friendly together whites to be as much as in us lieth, preventing all occasions of heart- f^Ueals'a burnings and mischief. " XV. That the Indians shall have liberty to do all things privileges or relating to improvement of their ground, and providing suste- Indians- nance for their families, that any of the planters shall enjoy. "XVI. That the laws as to slanders, drunkenness, swear- crimes to be ing, cursing, pride in apparel, trespasses, distresses, replevins, f™Bnti^«t weights and measures, shall be the same as in England, till altered by law in this province. "XVII. That all shall mark their hogs, sheep, and other Marks on cattle, and what are not marked within three months after cattle- it is in their possession, be it young or old, it shall be for feited to the governor, that so people may be compelled to avoid the occasion of much strife between planters. " XVIII. That in clearing the ground, care be taken to Preservation leave one acre of trees for every five acres cleared, especially of W00(L to preserve oak and mulberries, for silk and shipping. " XIX. That all shipmasters shall give an account of their Masters of countries, names, ships, owners, freights, and passengers, to ^account, an officer to be appointed for that purpose, which shall be Ac- registered within two days after their arrival ; and if they 520 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. shall refuse so to do, that then none presume to trade with ' — ' — ' them, upon forfeiture thereof, and that such masters be looked upon as having an evil intention to the province. " XX. That no person leave the province without publica- Persons tion being made thereof, in the market-place, three weeks make^ubii before, an<* a certificate from some justice of the peace, of cation. his clearness with his neighbours, and those he has dealt withal, so far as such an assurance can be attained and given; and if any master of a ship shall, contrary hereunto, receive and carry away any person that hath not given that public notice, the said master shall be liable to all debts owing by the said person so secretly transported from the province. " Lastly, that these are to be added to, or corrected, by and with the consent of the parties hereunto subscribed. " William Penn. " Sealed and delivered in the presence of William Boel- ham, Harbert Springet, Thomas Rudyard. " Sealed and delivered in the presence of all the proprie tors, who have hereunto subscribed, except Thomas Farrin- borough and John Goodson, in the presence of Hugh Cham- berlen, R. Murray, Harbert Springet, Humphrey South, Thomas Barker, Samuel Jobson, John Joseph Moore, William Powel, Richard Davie, Griffith Jones, Hugh Lambe, Thomas Farrinborough, John Goodson."1 :- A few extracts from a private letter-book, to which we had July 22. access, of that date, will show the opinions of individuals in Opinionof England, and early proceedings on the subject of the pro- mitab^er- Vose& colony. The writer says, "I have begun my letter on son for the too little a piece of paper to give thee my judgment of Penn- enterpnse. Syivaniaj bu^ in short, I and many others wiser than I am, do very much approve of it, and do judge William Penn as fit a man as any one in Europe, to plant a country. When he comes to town, I shall treat with him for 5000 acres for thee. I know £100 is the purchase thereof, and if thou does not conclude soon, it may be too late, for we suppose in a few weeks he will be gone thither. Mr. Penn is like to em bark for his new country in a few weeks."2 On 26th of same month, he alludes to a paper that Penn gave him about Pennsylvania, and says, " I would have had some discourse with him, but he was in such extreme haste to 1 Reg. Penns. vol. i. pp. 324 — 326. 2 Letter-Book of James Claypoole, in possession of J. Parker Foulke, Esq. W. MARKHAM, DEPUTY.— CHARLES II. be gone towards Bristol, that we could not have time. He said he would discourse more fully in a few days. There is great encouragement both as to the country and governor, who, I believe, will establish good laws, as near as he can ; Apprehen- however, for my own part, if I had a mind to buy land there, ^ Baifi- I would forbear till I saw that he was not interrupted by Bal- m°r° may timore in his taking possession, for this Baltimore is a great penTn'stek- governor in Maryland, that borders on Pennsylvania, and ™b posses- has received rent, for some years past, of the inhabitants thereof, and it is like does so to this day, by connivance ; but keep this to thyself."1 At a court of St. Jones county, E. Herman reports sur- July 29. veys of land for twenty-three persons, amounting to 14,247 acres. They were approved and recorded, and to be sent to governor for confirmation.2 It would appear from the following, that very soon after July- receiving the charter for Pennsylvania, William Penn was negotiating for New Castle, and probably for the remaining portion of the territory below. "Sir John Werden wrote to Mr. Penn, that the duke was nuke objects not yet disposed to grant the lands about New Castle. He J^^11^ at the same time informed him that he thought his claims to casue. the islands in the Delaware ill-founded, because they were not included by the words of the patent, and were not intended to be granted. He immediately warned Dongan, governor of New York, to prevent Penn's encroachments on his pro vince, or its dependencies, giving a reason, which shows the opinions of men who had done so much business with him, that he was very intent on his own interests in those parts, as you observe."3 In a letter of this date, from William Penn to Robert Tur- Sept. 4. ner, then in Ireland, he speaks of his refusing very conside- Large offers rable offers for a monopoly of the Indian trade, and his p^^j reasons for so doing. refused. "Thy remembrance by several notes, through the hands Letter from of J. Hall, I tenderly received ; and though I ordered P. Ford £^° to answer thy said letters, and send the things by thee de sired, and wrote and sent maps and- accounts too, by friend Thomas Lurting, I thought good to send thee a few lines. I have lately been in the west of England, and had a prosper- 1 Claypoole's Letter-Book. 2 Kent Records, in Breviat. 3 Chalmers, p. 660. N. Y. Entries, pp. 355, 356. 66 ' 2x2 , 522 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. ous journey in the Lord's service. At my return, found ' — < — ' thine to me. The most material is about the quit-rent, &c. Philip will be large to thee upon it. I am contented to sell it to a beaver-skin, which is about a crown value, at ten years' purchase. I did refuse a great temptation last Second-day, which was £6000, and pay the Indians, for six shares, and make the purchasers a company, to have wholly to itself the Indian trade from south to north, between the Susquahanagh and Delaware Rivers, paying me 2J per cent, acknowledg ment or rent ; but as the Lord gave it me over all and great opposition, and that I never had my mind so exercised to the Lord about any outward substance, I would not abuse His love, nor act unworthy of His providence, and so defile what came to me clean. No, let the Lord guide me by His wisdom, and preserve me to honour His name, and serve His truth and people, that an example and standard may be set up to the nations ; there may be room there, though none here. " William Penn."1 This statement of Penn is confirmed in a letter written Private let- 10th of 7th month, by the individual before referred to, and urgthe^ore- wno Decame largely interested in the colony. He says, going. "Mr. Penn does not intend starting for Pennsylvania till next spring, and then it is like there will be many people ready to go from England, Scotland, and Ireland. He is offered great things ; £6000 for a monopoly in trade, which he refused, and for islands and particular places, great sums of money, but he designs to do things equally between all parties, and I believe truly does aim more at justice and right eousness, and spreading of truth, than at his own particular gain. I tried him about the proposals to take £100 for 5000 acres, and abate the quit-rent, which he refused, in tending to do equal by all. If thou will be concerned in one-half of the 5000 acres, I will have the other half, and make as good terms for thee as for myself."2 A testimony highly honourable to the proprietary. Penn writes to James Harrison, then in England, that sept. i. "he does not expect to depart as soon as he intended, for the Penn's letter people upon whose going both my resolutions and services on Harrkon. Soing depended, though they buy and mostly send servants to clear and sow a piece of land against they come, not one- 1 Memoirs of Penns. Hist. Soe. vol. i. part i. p. 204. 2 James Claypoole's Letter-Book. W. MARKHAM, DEPUTY.— CHARLES II. 523 fifth can now get rid of their concerns here till spring. When 1681. they go, I go, but my going with servants will not settle a ' — ¦ — ' government, the great end of my going ; besides, many flock in to be concerned with me. I am like to have many from France, some from Holland, and hear some Scotch will go for my country. I bless the Lord in obtaining it, and were I drawn inward to look to Him, and to owe to His hand and power, to any other way, and I have so obtained it, and de sire that I may not be unworthy of His love, but do that which answers" His kind providence, and serve His truth and people, that an example may be set up to the nations ; there may be room there, but not here, for such an holy experi ment. Now, dear James, for the 50 acres a servant to the Explanation master, and 50 to the servant ; this is done for their sakes ^j^8™^ that cannot buy, for I must either be paid by purchase or to servants, rent, that those that cannot buy may take up, if a master of ^0 ca^ot a family, 200 acres, at Id. an acre ; afterwards, 50 acres per tray- head for every man and maid-servant, but still at the same rent, else none would buy or rent, and so I should make nothing of my country ; however, to encourage poor servants to go, and be laborious, I have abated the Id. to §d. per acre, when they are out of their time. Now if any about thee will engage and buy, there may be ten, yea twenty, to one share, which will be but £5 a piece, for which they each will have 250 acres.- For those that cannot pay their passage, let me Provision know their names, and number, and ages ; they must pay °l0 ™*nBt double rent to them that help them over ; but this know, that pay their this rent is' never to be raised, and they are to enjoy it for ever. For the acres, it is the common statute acre, as by our law allowed. So, dear James, thou mayest let me know of thee, and how things incline. I shall persuade none ; it is a good country ; with a good conscience it will do well. I am satisfied in it, and leave it with the Lord. " My friend and brother, William Penn. " I here sign thee an authority to sell about thee to any that will. "A ship goes with commissioners suddenly, in five weeks, Ashipwith to lay out the first and best land to the first adventurers. If ^aboTto any deal, let me know ; ' I clear the king's and Indian title ; sail &r the purchaser pays the scrivener and surveyor. I sign the ^maylTa deeds at Thomas Rudyard's, when I know who and what." He then adds the following power of attorney : 524 1681. Power to J. Harrison to sell land in Pennsylva- Sept. 7. First yearly meetings es tablished. Sept. 9. Letter from GovernorBrockhoUs,on proposed invasion by Lord Balti more. WILLIAM PENN, PROPRIETARY AND GOVERNOR. " Dear James Harrison — I do hereby nominate and appoint thee my lawful agent, in my name, and to my behoof, to bar gain and sell (according to printed instructions) any parcel of land in Pennsylvania, not below 250 acres to any one person, from time to time, and I shall ratify by deed, under my hand and seal, all such sales. Witness my hand, this 25th of 6th month, 1681. William Penn."1 The monthly meeting of Friends, which still met at Thomas Wolsten's house, and consisted of those about the falls, in West Jersey and Pennsylvania, and the particular meetings at Rancocas and Sachemaxen, who were now become nume rous, as well as at Salem and Upland, concluding that a yearly meeting might be of service, agreed to establish one at Burlington, which was accordingly held 28th of August, at the house of Thomas Gardiner ; one for worship was also to be held yearly at Salem. The yearly meeting from both sides of the river continued to be' held at Burlington till 1684, when it was held at Burlington and Philadelphia alter nately. This year also, George Fox sent from London, « a half-sheet of advice to all planters," directing their attention to the spiritual welfare of the Indians.2 It seems that the inhabitants at Jones's were apprehensive of some disturbance from Lord Baltimore, and that they wrote to Governor BrockhoUs on the subject. He replies to the justices, that " I am much surprised at your apprehension of my Lord Baltimore's innovating your parts by force, sig nified to me by letter from Mr. Justice Whitwell and John Hilyard, which I believe he will in nowise attempt now, what ever he hath done formerly, therefore can give no other direc tions, than that you fully assert and maintain your authority and rights against any that shall oppose or annoy you, and if any demand or pretence is made, to take no notice thereof, but refer them hither, and in no case admit any change or alteration, or any pretended court or authority, without order from myself, who am resolved to keep your parts as settled under this, his royal highness's government, and to the utter most preserve the rights and properties of the inhabitants from any innovation whatsoever."3 1 Copied from the original MSS. in possession of the Pemberton family, by WiUiam Carr, Esq., of Doylestown. 2 Smith's Pennsylvania, in Reg. Penns. vol. vi. p. 184. Proud, vol. i. p. 160. s Extracts from New York Records, in Land Office, Harrisburg. See Reg. Penns. vol. iii. p. 33. W. MARKHAM, DEPUTY.— CHARLES II. 525 The duke orders, from Edinburgh, that the present com- 1681. missions of peace and magistrates in New Castle, &c. expiring ' — "— ' soon, continue till further orders, and, in case of death, they may be supplied by the governor and council.1 A considerable number of Friends, in and about Dublin, September. Ireland, having purchased an interest in West Jersey, sent to Arrival of London to charter a pink ; the master, Thomas Lurting, 1™h Qua" "noted for his remarkable deliverance from the Turks," was taken sick at Dublin, and could not proceed ; his mate, John Daggerdish, took his place. They sailed the latter part of September, and in about eight weeks arrived at Elsinburg, near Salem, where settled John and Andrew Thompson, and Robert Zane, former acquaintances of settlers there. Several remained with them that winter ; some afterwards went to Burlington, and got orders, and took up land called from them the "Irish tenth." Having made search, they fixed at New- settle at town Creek ; next spring they built on their lots a small town, Cre^k°wn not without doubts and fears of the Indians, which proved groundless. They settled a meeting, which was kept at the house of Mark Newby, there being no persons near save Wil liam Cooper and his family, to which others were soon added. Notwithstanding the land had been purchased by the com missioners of the Indians, they gave them a compensation to move off. The Indians treated them kindly. They suffered but little, deriving supplies from Salem. In two years after- Meetings ea wards, they built a meeting-house at Newtown, but before tal)lishe'i- that, Friends having increased, some by the river side, some on Cooper's Creek, and some at Woodbury Creek, they joined, and with permission from Burlington, set up a monthly meeting, and afterwards, in connection with Friends at Salem, a quarterly meeting.2 The first entry in the records of Chester county court is as follows : " Province of Pennsylvania, at the court at Upland, fChes- Extractfrom •> \T xrf;f Chester ter,) September 13th, 1681. Justices present, Mr. William county re- Clayton, Mr. William Warner, Mr. Robert Wade, Mr. Otto corlls- Ernest Cock, Mr. William Byles, Mr. Robert Lucas, Mr. Las- sey Cock, Mr. Swan Swanson, Mr. Andreas Bankson. " Sheriff, Mr. John Test ; clerk, Mr. Thomas Revell. "An action of assault and battery. — Peter Erickson, ' N. Y. Records, in Breviat. 2 Smith's Hist, of Pennsylvania, in Reg. Penns. vol. vi. p. 184. 526 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681.- plaintiff; Harmon Johnson and Margaret, his wife, the de- ' ' ' fendants. " Jurors, Morgan Drewitt, William Woodmanson, William Hewes, James Browne, Henry Reynolds, Robert Scholey, Richard Pitman, Lassey Dalboe, John Akraman, Peter Ram bo, jun., Henry Hastings, William Oxley. " Witness, William Parke. The jury find for the plaintiff, and give him 6d. damages, and his costs of suit. " An action of assault and battery. — Harmon Johnson and Margaret, his wife, the plaintiffs ; Peter Erickson, defendant. "Jurors, the same as above. Witnesses, Anna Coleman, Richard Buffington, Ebenezer Taylor. The jury find for the plaintiffs, and give them 40s. damages, and their costs of suit. " Thus it appears, that the two first actions tried in the peaceful land of Penn, were for assault and battery, and all the parties convicted !" In the minutes of the same court is the following entry : " Lassey Cock, upon proclamation in this court, that if any had any thing against him, they should declare it; where upon, Daniel Brenson and Charles Brigham, upon oath, to gether with Walter Pumphrey, upon his solemn attestation, declared what they heard certain Indians speak against him and Captain Edmund Cantwell ; the said Lassey Cock, upon oath, declared his innocency, and that he had never spoken those words to the Indians, or any of that nature, was thereupon cleared by the court."1 " There is a ship' going for Pennsylvania, from Bristol, and William Penn is gone thither to take his leave of the Friends; and there is another ship going thither from London, and may be ready in a fortnight, but William Penn does not go till spring."2 Ship "New Adventure," Dagger, and "Henry and Ann," arrived this year. The land in the neighbourhood of Camden " was located at three several times ; the oldest appropriation was of the lands about tract reaching from Little Newton Creek about to Line street Ntw^sey in Fettersville- On the 4th and 5th of July, 1678, Byllinge and trustees granted this tract, being two-sevenths of a pro priety, to Samuel Norris, who subsequently sold a portion to R. Turner, (1686,) and he, in 1696, sold 455 acres to John October 4. Vessels for Pennsylvania. Early loca tions of Kaighn 1 Re, from whom Kaighn's Point derives its name. The Penns. vol. v. pp. 156, 157. 2 Claypoole's Letter-Book. W. MARKHAM, DEPUTY.— CHARLES II. second location, in respect to contiguity, was of the land lying between Cooper street and Cooper's Point. This was .made in 1679, by William Cooper, who emigrated from Eng land. He built a mansion, the remains of which were visible a few years since, on a high bank above Cooper's Point, called by him Pine Point, from a dense pine forest which then grew there. He also took up other considerable tracts of land in Gloucester county, most of which yet remain in the family. Williain Royden, by a third location, made Sept. 20, 1681, appropriated the land between Cooper street and Kaighn's line. Cooper, of Pine Point, next year bought out his inte rest, and further secured himself by getting an Indian deed guarantying the possession of Pine Point and i adjacencies, against all other Indians. This deed is signed by Tallaca, the resident chief, and witnessed by several of his tribe. For many years, the ferry-house and mansion at the point, the middle ferry, at the foot of Cooper street, and four or five ferrymen's houses, constituted the whole of Camden."1 Three commissioners were appointed, by Penn, for the October io. settling of the colony. They were to proceed to Pennsyl- Penn sends vania, where they would find Markham, with whom they were ^^n. to act, in accordance with the following instructions, in regard era- to the location of the city, and their treatment of the Indians. " Instructions given by me, William Penn, proprietor and instructions governor of Pennsylvania, to my trusty and loving friends, William Crispin, John Bezar, and Nathaniel Allen, my com missioners for the settling of the present colony this year transported into the said province. " 1st. That so soon as it shall please Almighty God to bring you well there, you take an especial care of the people that shall embark with you, that they may be accommodated with conveniences as to food, lodging, and safe places for their goods, concerning which my cousin, William Markham, my deputy, and now on the spot, will in a good measure be able to direct, that so none may be injured in their healths or estate, in which, if you find the Dutch, Swedes, or English of my side hard or griping, taking an advantage of your circumstances, give them to know that they will hurt them selves thereby, for you can for a time be supplied on the other side, which may awe them to moderate prices. 1 Smith's Hist, of Pennsylvania, in Reg. Penns. vol. vi. p. 183. Mielcle's Reminiseenoes of Gloucester, pp. 53, 54. 528 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. " 2d. That having taken what care you can for the people's —^ — ' good, in the respects abovesaid, let the rivers and creeks be sounded on my side of Delaware River, especially Upland, in instructions order to settle a great town, and be sure to make your choice Lws™15 where it is most navigable, high, dry, and healthy ; that is, continued, where most ships may best ride, of deepest draught of water, if possible to load or unload at the bank or key side, without boating and lightering of it. It would do well if the river coming into that creek be navigable, at least for boats, up into the country, and that the situation be high, at least dry and sound, and not swampy, which is best known by digging up two or three earths, and seeing the bottom. " 3d. Such a place being found out, for navigation, healthy situation, and good soil for provision, lay out ten thousand acres contiguous to it in the best manner you can, as the bounds and extent of the liberties of the said town. " 4th. The proportion in the said town is to be thus : every share, or five thousand acres, shall have an hundred acres of land out of that ten thousand acres. If more than one be concerned in the share, as it may easily fall out, then they to agree of the dividing the same, as they shall think fit, still keeping to proportion, as if one hundred pounds will have an hundred acres, five pounds will have five acres. " 5th. That no more land be surveyed or set out till this be first fixed, and the people upon it, which is best, both for comfort, safety, and traffic. In the next season, the Lord willing, I shall be with you, and then I shall proceed to larger lot ; this was the resolution of a great part of the purchasers, at London, the 15th day of September, 1681, and I find it generally approved. " 6th. If it should happen that the most convenient place for this great town should be already taken up, in greater quantity of land than is consistent with the town-plot, and that land not already improved, you must use your utmost skill to persuade them to part with so much as will be neces sary, that so necessary and good a design be not spoiled; that is, where they have ten acres by the water side, to abate five, and to take five more backward, and so proportionably, be cause that, by the settlement of this town, the remaining five, in two or three years' time, will be worth twice as much as those ten before, yea, what they take backward for their water-side land, will, in a little more time, be really more W. MARKHAM, DEPUTY.— CHARLES II. 529 valuable than all their ten forward was before ; urging my 1681. regard to them if they will not break this great and good ^— ' contrivance, and in my name promise them what gratuity or privilege you think fit, as having a new grant at their old instructions rent ; nay, half their quit rent abated, yea, make them as to mmwis' free as purchasers, rather than disappoint my mind in this Tnunucd. township ; though herein be as sparing as ever you can, and urge the weak bottom of their grant, the Duke of York hav ing never had a grant from the king, &c. Be impartially just and courteous to all, that is both pleasing to the Lord, and wise in itself. " 7th. If you gain your point in this respect, (of which be very careful,) fall to dividing as before, according to shares; then subdivide, in which observe that you must narrower spread by the water side, and run backward more or less, according to the compass you have by the water side, to bring in the hundred share for their proportion in the said ten thousand acres. " 8th. But if you cannot find land enough by the water side to allow an hundred acres to five thousand acres, get what you can, and proportionably divide it, though it were but fifty acres for a share. " 9th. Be tender of offending the Indians, and hearken, by honest spies, if you can hear that any body inveigles the Indians not to sell, or to stand off and raise the value upon you. You cannot want those that will inform you, but to soften them to me and the people, let them know that you are come to sit down lovingly among them. Let my letter, and conditions with my purchasers about just dealing with them, be read in their tongue, that they may see we have their good in our eye, equal with our own interest, and after reading my letter and the said conditions, then present their kings with what I send them, and make a friendship and league with them, according to those conditions, which care fully observe, and get them to comply with you. Be grave ; they love not to be smiled on. " 10th. From time to time, in my name, and for my use, buy land of them, where any justly pretend, for they will sell one another's, if you be not careful, that so such as buy and come after these adventurers may have land ready, but by no means sell any land till I come ; allow no old patents, 530 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. they have forfeited them by not planting according to the law 1—1 — ' of the place, and it cost me too dear to allow such old storieB : rather than fail, offer them the patent charge, and where sur- instructions veyed, the survey money ; but this is understood only of un- stonerT' planted places only. continued. " 11th. Let no islands be disposed of to anybody, but all things remain as they were in that respect till I come. . " 12th. Be sure to settle the figure of the town so as that the streets hereafter may be uniform down to the water from the country bounds ; let the place for the storehouse be on the middle of the key, which will yet serve for market and statehouses too. This may be ordered when I come, only let the houses built be in a line, or upon a line, as much as may be. " 13th. Pitch upon the very middle of the plat where the town or line of houses is to be laid or run, facing the harbour and great river, for the situation of my house, and let it be not the tenth part of the town, as the conditions say, viz. that out of every hundred thousand acres shall be reserved to me ten, but I shall be contented with less than a thirtieth part, to wit, three hundred acres, whereas several will have two by purchasing two shares, that is, ten thousand acres, and it may be fitting for me to exceed a little. " 14th. The distance of each house from the creek or harbour should be, in my judgment, a measured quarter of a mile, at least two hundred paces, because of building here after streets downwards to the harbour. " 15th. Let every house be placed, if the person pleases, in the middle of its, plat, as to the breadth way of it, that so there may be ground on each side for gardens or orchards, or fields, that it may be a green country town, which will never be burnt, and always be wholesome. " 16th. I judge that you must be guided.in your breadth of land by what you can get that is unplanted, and will not be parted with, but so -far as I can guess at this distance, methinks in a city, each share to have fifty poles upon the front to the river, and the rest backward will be sufficient. But perhaps you may have more, and perhaps you will not have so much space to allow ; herein follow your land and situation, being always just to proportion. " 17th. Lastly — Be sure to keep the conditions hereunto W. MARKHAM, DEPUTY.— CHARLES II. 531 affixed, and see that no vice or evil conversation go uncom- 1681. plained of or punished in any, that God be not provoked to ' r—/ wrath against the country. " In witness hereof, I do hereunto, the 30th of September, 1681, set to my hand and seal. « William Penn. "Present as witnesses, Richard Vickry, Charles Jones, jr., Ralph Withers, Thomas Callohill, Philip Th. Lehnmann."1* The court of assizes at New York pass an order " against October m persons exhibiting and preferring divers causeless and vexa- vexatious tious accusations and indictments into the courts within this ni"t^8pr°" government, against magistrates and others concerned in the against ma- public affairs of the government, thereby causing great trou- ^ ! ble and disturbance."2 Mr. Levin makes a long report. When he arrived, Andross Abstract of was at Boston; on his return, he received various books im- ^p0rt-Tms mediately, some altered; some between 1674 and 1676 did not appear long out of the clerk's hands. He got all he could, but charged governor and clerks with holding some. The same with the land books ; most patents of former go vernors don't give acres ; very imperfect ; taxed at uncertain rates ; imperfect accounts, &c. " No weigh-house in all the government, except at New York." Proposes farming duty. There have been several collections in Delaware, at Id. per £, and applied to the counties, yet it is in debt ; could not get _ books of prices ; difficult to discover the frauds, &c. used by the merchants, &c. &c. No account of whales kept ; " your royal highness has only a share of what is stranded." No certain account of vessels. Governor was pleased to tell him he had now power to inspect the revenues ; could find how it was possible to spend the whole revenue in the fort. Nothing about South "River, &c. The governor, in his reply, feels much vexed with his con- Governor duct. Vindicates his officers and himself, and charges Mr. repUea Levin with misrepresentation, &c.3 The Indians presented a petition to Governor Markham, October is. for the removal of a prohibition respecting the sale of rirm to them, for the reasons they assign in the following document : • Memoirs of Penns. Hist. Soe. vol. ii. p. i. pp. 215 — 221. s New Castle Records, p. 352. 3 See both at length in " London Documents," at Albany; vol. iv. * See Appendix. 532 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. " Whereas the selling of strong liquors was prohibited in ' — ¦ — ' Pennsylvania, and not at New Castle, we find it a greater ill-convenience than before, our Indians going down to New Petition of Castle, and there buying rum, and making them [x] more Indians to debauched than before, (in spite of the prohibition.) governor for , i j •,, -, sale of rum. "Therefore we, whose names are hereunder written, do * desire that the prohibition may be taken off, and rum and strong liquors may be sold (in the foresaid provmce) as for merly, until it be prohibited in New Castle, and in that go vernment of Delaware. "Pesienk, in Pennsylvania, Sth October, 1681. " Nanne Seka, his mark. "Keka Kappan, his mark. " Jong Goras, his mark " Espon Ape, his mark "To the governor and council of Pennsylvania."2 By the commissioners, Penn writes a letter to the Indians, the original of which was read, a few years ago, to the Penn October 28. Society of this city. The following is a copy of it. It was written on paper, with ruled lines, and in a more formal hand than usual. "London, 18th of 8th month, 1681. " My friends — There is one great God and power that hath made the world and all things therein, to whom you and I, renn'siet- and all people owe their being and well-being, and to whom Indians.6 you an(l ¦"¦ must one day give an account for all that we do in the world ; this great God hath written his law in our hearts, by which we are taught and commanded to love and help, and 1 Here a word illegible. 2 Memoirs of Penns. Hist. Soe. vol. iii. part ii. pp. 206, 207. W. MARKHAM, DEPUTY.— CHARLES IT. do good to one another, and not to do harm and mischief one to another. Now this great God hath been pleased to make me concerned in your parts of the world, and the king of the country where I live hath given unto me a great province, but I desire to enjoy it with, your love and consent, that we may always live together as neighbours and friends, else what Would the great God say to us, who hath made us not to de vour and destroy one another, but live soberly and kindly together in the world ? Now I would have you well observe, that I am very sensible of the unkindness and injustice that hath been too much exercised towards you by the people of these parts of the world, who sought themselves, and to make great advantages by you, rather than be examples of justice and goodness unto you, which I hear hath been matter of trouble to you, and caused great grudgings and animosities, sometimes to the shedding of blood, which hath made the great God angry ; but I am not such a man, as is well known in my own country ; I have great love and regard towards you, and I desire to win and gain your love and friendship, .by a kind, just, and peaceable life, and4he people I send are of the same mind, and shall in all things behave themselves accordingly ; and if in any thing any shall offend you or your people, you shall have a full and speedy satisfaction for the same, by an equal number of just men on both sides, that by no means you may have just occasion of being offended against them. I shall shortly come to you myself, at what time we may more largely and freely confer and discourse of these matters. In the mean time, I have sent my commis sioners to treat with you about land, and a firm league of peace. Let me desire you to be kind to them and the people, and receive these presents and tokens which I have sent to you, as a testimony of my good will to you, and my resolution to live justly, peaceably, and friendly with you. " I am your loving friend, William Penn."1 A vacant piece of ground, "towards north-east end of November 1. town," to De La Grange, for the purpose of building on it a windmmat good windmill, for the common good of the inhabitants ; toll lNew CaBtle" not to be more than one-tenth, and to drain the marsh.2 "A ship is going for Pennsylvania; the passengers go 1 Reg. Penns. voL i. p. 376. 2 New Castle Records, p. 357. 2r2 534 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. away to-morrow, and in the spring William Penn intends to *— ' ' be there himself."1 The intercourse already formed between England and this November 7. country may be judged of by the following extract of a let- Keguiarin- ter from the writer to his brother in Burlington : tercourse « Ships come pretty often from New York, New Jersey, or America. Maryland, by one of which ways, I believe, thou mayest send almost every month in the summer."2 As an evidence that great prudence and deliberation were observed prior to removal to the country, another extract from the same letter is given : " I desire thee to write at large what encouragement there Anxiety to is to remove from hence with a family, to dwell in those parts, reotaecounts an(* wnat commodities is most profitable to carry with one ; of thecoun- and in what time a man may, if he arrive there in the seventh month, with the help of three or four servants, clear ground enough to afford corn and feed cattle for a family of fifteen or twenty. What safety or hazard may be expected from the Indians. In what time, and with what charge, a house, with ten or twelve rooms, and barn and stables, &c, may be built. In what time an orchard will bear. What sorts of trade is now amongst them, and what like to be, as the people in crease ; but especially give me advice of merchandise ; what quantities and what sorts are most saleable, and what returns may be expected ; and whether New Jersey or Pennsylvania be most advisable to settle in. I desire the more particular and large account, because I have purchased of William Penn 5000 acres in his country, and I know not how I may be dis posed in my own mind, in a year or two's time, to remove thither with my family ; however, in the mean time, I pur pose to send over my attorney, with some servants, to build and plant, &c, and to provide cattle and all other necessaries, that if ever I come there, my land may be still improving, or some part of it, and not lie wholly waste ; and if I should send over one of my sons as overseer, and some servants, what sort of servants may be most profitable ; and any thing else thou canst think of, may be for direction, and how the coun try is as to heat and cold, how long winter and summer ; what fruits grow, with plenty of all things ; and what inconve niences there is which we know not here, as hazards by wild beasts, snakes, serpents, or flies for biting or poisoning, that 1 Claypoole. s Ibid. W. MARKHAM, DEPUTY.— CHARLES II. 535 we know beforehand what may be expected of good or bad. 1681. So not doubting but thee will be both able and willing to give ' — ' — ' me a satisfactory account of these particulars, and much more than I can mention, &c. &C."1 The justices of New Castle inform the lieutenant-governor Nov. 21. at New York, that, " at a late court, a servant was proceeded Escape of a against at court, and a warrant issued, but the man made his PMS0™r o 3 ^ 3 from sheriff, escape from the under-sheriff, and keeps at present in Penn- into Penn sylvania and Burlington, and desire his instructions for our q*1t™^, rule on this and like occasions." The proclamation brought opinion of it. by John Moll is published. The governor, a few days after, ffishfmm™*. replies, " you did well to prosecute, but your officers were not vernor of so careful as they ought on service of a warrant, his offence PennsJ,lTa_ being great." The governor wrote to governor of Pennsyl- , vania to make inquiry about him, " and if he have absconded in that government, to deliver him to you ; if submissive, bind him over to next court ; if stubborn, send him on to New York.','2 "Thomas Rudyard is agreeing, at London, with a great Decembers. ship for Pennsylvania, and I hear there is another going from vessels for Bristol, and in the beginning of summer, it is expected there n™nsylya' will go three or four ships more from London."3 The first acts of the assembly of West New Jersey were December s. passed at Burlington, November 28.4 " William Penn is extraordinary busy about his new coun- December 9. try, and purchasers present daily."5 Penuvery The second court was held at Upland, November 30 ; pre- busy' sent, William Markham, Esq., governor and president, (being Dec. 10. the first time he is mentioned as present ;) Justices James court at uP- Sanderland, Thomas Fairman, Hendricks Bankson, and those J^^ who were present on the 13th September ; sheriff and clerk as before. First case is for a debt for 160 guilders.6 The next is for stealing a hog. The evidence is recorded at length, (as is frequently the case in the early minutes, and sometimes such as would not appear well in print,) as follows, and shows the nature of testimony sometimes admitted. " John Anderson, bound by recognisance to appear at this Proceedings court, to answer our sovereign lord the king, upon the accu- of oourt- sation of Richard Noble, Peter Rambo, jun., and Lawrence Lawrenson, who were bound over to prosecution. This court 1 Claypoole. 2 New Castle Records, p. 91. 3 Claypoole. < Learning & S. p. 426. 5 Claypoole. 6 West Chester Records. 536 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1681. proceeded upon indictment, to which the prisoner pleaded not s"~> — ' guilty, and put himself upon the trial, &c. of this jury. " Jurors, George Foreman, gent., John Child, Nathaniel Proceedings Allen, Nathaniel Evans, William Oxley, John Akraman, Al- continuM frert Hendrickson, Mons Peterson, Wooley Rawson, John Cock, Erick Cock, Peter Yoakham. " Richard Noble deposed that he, with several others, found divers pieces of burnt pork or bacon in the said Anderson's house ; and also that he, the said Richard Noble, with others, found hidden and unfrequented places in an out-house be longing to the said John Anderson, where (as an Indian had before then informed them) the said Anderson used to hide pork ; and further deposed, that the said Anderson gave out threatening words against the officers and others who came to search. " Peter Rambo, jun. and Lawrence Lawrenson deposed the same as above. Judith Noble deposed, that the said Ander son gave out threatening words against the officers'and others who came to search. "Francis Walker deposed, that a person who bought a piece of pork of the said Anderson, told him, the said Walker, that the said pork had a bullet in it. "Frances Stephens deposed, that the said Anderson being asked concerning a hog's head, (he the said Anderson having then a headless hog,) where the head then was, he the said Anderson answered, he had left the head down the river, and the said Anderson's boy said no, the hog's head is upon the mill at home. " John Hollinshead gave in his evidence before Thos. Budd, a magistrate at Burlington, which was also produced, under the hand of the said Thomas Budd, being of the same import with the deposition of the aforesaid Francis Stephens. " Thomas Wallis gave in his evidence before the said Thomas Budd, and testified under the hand of the said Tho mas Budd, of the same import with the aforesaid Judith Noble's testimony. "Another examination, of notorious circumstances, of a stranger who lay at the said Anderson's, taken by Mahlon Stacy, a magistrate at the falls, and signified under his hand. " Verdict. — The jury bring in the prisoner not guilty, and thereupon, by order of court, is discharged."1 1 Reg. Penns. vol. v. p. 157. W. MARKHAM, DEPUTY.— CHARLES II. 537 The court of assizes, New York, try John Moll on various 1681. charges ; the jury find him guilty of several, but the court ' — ¦ — ' acquit him, against which Abraham Mann protests, "in a paper sent to the court by his servant."1 By an act of West Jersey, " vessels bound to this province, Dec io. after a certain day in November, are obliged to enter and Burlington clear at the port of Burlington." It was also made the aP°rtofen- x ° try and "chief town, and head of the province," and next year Salem capital of was also made a port of entry. John White, collector of WostJeraey- Burlington."2 It is stated by historians, that three ships sailed this year Dec. 21. from London, and one from Bristol, for Pennsylvania. The Arrival of "John and Sarah," which vessel has already been mentioned, ^^"^ is said to have arrived first. The " Amity," Richard Dimon, passengers. is said to have been blown off the coast, to the West Indies, t^e^ and not to have arrived till spring. This must, we think, be °ue night. an error, as we have positive proof that she did not leave England 'till April of next year, (which see.) The third was the "Bristol Factor," Roger Drew, commander; she arrived at the place where Chester now stands, on December 11th, where the passengers, seeing some houses, went ashore, at Robert Wade's landing, near the lower side of Chester Creek, and the river having frozen up that night, the passengers re mained at Chester all winter. There were several persons on board these ships who became distinguished in the province ; among these was Joseph Kirkbride, then a boy, and some servants of Penn. It is highly probable, too, that Penn's commissioners arrived in one of these vessels, but certainly Markham did not, as has already been shown, as he must , then have been in the country some months.3 It appears that some letters from New Jersey had spoken Dee. 29. so favourably of the country as to induce a suspicion of an letters from evil design. A letter says, " as to thy judgment of the let- ^m ters from New Jersey, that they are to decoy people, that is known to be otherwise, and that the chiefest of them came from very honest, faithful friends."4 1 New Castle Records. = Learning & Spicer, pp. 432, 447. » Proud, vol. i. p. 193. * Claypoole. 638 WILLIAM PENN, PROPRIETARY AND GOVERNOR. January 10. January 29. Penn's direc tions about lands. February 5. BrockhoUswrites to GovernorMarkham. of Herman's appointment as col lector, and asks gover nor to aid him. Magistrates propose to lay out the twelve miles circle. 1682. The first meeting of record was held at the house of Ro bert Wade, in Upland or Chester, on the 10th of eleventh month, 1681, the Quakers having had meetings for worship there regularly since 1675, when Wade arrived.1 In answer to some inquiries respecting Penn's views on certain points relating to the sale of lands, made by James Harrison, who, it will be recollected, was empowered to make sales in England, of lands in Pennsylvania, Penn writes, " The acres are statute measure ; the highways are allowed for, according to the custom of plantations. As to that of not setting out people's land but as stocked or improved, it is. a mistake ; in three years they should own, or set somebody on it, not have it by scraps, and as improved, by no means ; though if it were not as a planter, but lie long unplanted, it would damage neighbouring plantations, as to harbouring of vermin and wild beasts; but there is a difference* between planting and improving ; as for choosing, I can say but little till then, but some is worth more and some less, and if any buy on sight, they must go by the worth, not by the present price, else 5000 acres may, as they may lie, be worth £500, yet I take the meadows to myself ; the land is taken up as amongst the first or second adventurers, and then divided amongst them, by date or lot, as they agree. The Cheshire Friends can inform thee more particularly."2 Governor BrockhoUs, of New York, directs E. Herman "to collect and receive the quit-rents and arrears due on Delaware River as formerly, as well as what was in arrear in that part of the river now called Pennsylvania." He also wrote to Governor Markham, " acquainting him what autho rity he had continued to Herman, as collector, and being informed that several persons under your government are in arrears, do desire your favour and assistance to said collector, assuring you I shall be ready, on all occasions, to serve you." He also says to Herman, " as to the desire of the magis trates to join to lay out the twelve miles circle above New Castle, it is not within their cognisance, but if necessary and desired here, shall appoint as may be most proper."8 The following extract from a letter, (dated 12th month 11th, 1 Proud, vol. i.p. 218. 3 Breviat. « Pemberton MSS. W. MARKHAM, DEPUTY.— CHARLES II. 1681,) shows the mode of proceeding in taking up land in England : « The method of Friends taking up land of William Penn, is by deeds of conveyance, for which the purchaser pays February 21. about 12s. If it be for 5000 acres, which is called a whole Manner of share or propriety, for that we pay £100, and 50s. per annum Z"^^ni quit-rent, to begin in 1683 or 1684, I cannot tell which; inpurchas- they that will pay no rent, must pay £120 present, and so "nia^nds'' for a lesser quantity proportionable; and he that can settle and the some few families, I think about six, may have his land alto- pinned.*" gether ; and every purchaser of 5000 acres is to have 100 acres by lot in the first city. The concessions or fundamentals The "frame" for government are to be perfected this day, and then to be me^unpro- engrossed, and signed and sealed by the governor and pur- «ress- chasers, which, if it may be permitted, I shall send you a mrst notice copy of, and then may write you more at large, if you intend °syimn7*' to be concerned, as also about our Pennsylvania Company."1 company. The " fundamentals for government" here referred to, pro bably alludes to the "frame," which, however, was not com pleted and signed till April 25th, (which see.) The first notice we have seen of " a company," is in the above extract, and no doubt refers to the " Free Society of Traders," respecting the progress of which we shall make further extracts. It was probably only talked of at this time. The foregoing extract also probably explains why, in seve- why town ral towns, as we have noticed in the instances of Marcus Hook, ^s^1*"1 Chester, Shackamaxon, the original plot was laid off in a persons. body to six persons. " Fenwick conveyed the moiety of his proprietary, which March 11. he originally purchased from John, Lord Berkley, to Governor iwickcon- ^ ° J r . ¦. . , t. veys land to Penn, of Pennsylvania, excepting and reserving therefrom, WmPeimi to himself, his heirs and assigns, for ever, all that tract of country which was called Fenwick's Colony, containing, as was supposed, 150,000 acres."2 Fenwick designed to erect several towns. Salem was this year made a port of entry. "After the Saiemmade 18th of May, vessels bound for Salem have liberty to enter ^OTtofen- and clear there, paying Is. for entering, and Is. for clearing, for all vessels under 100 tons, and 2s. for vessels upwards of 1 Claypoole's Letter-Book. 2 Johnson, p. 26. 540 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. 100 tons. James Nevill is appointed collector." Heretofore ' — " — ' Burlington had been the only port of entry.1 Third court at Upland ; Markham again present. " A case March 14. of trover for a sow." Overseers of highways were appointed court at for one year, for tlie several districts, viz. Wooley Rawson, upland., from jfarcus Greek to Naaman's Creek ; Robert Wade, from Overseers of ' roads ap- Naaman's Creek to. Upland Creek ; William Oxly, from Up- pointed. land Creet tQ Ammersland's Creek ; Mons Staukett, from Ammersland's Creek to Karkus Mill ; Peter Yokeham, from Karkus Mill to Schorekill Falls; Andreas Rambo, from Schorekill Falls to Tawcony Creek; Erick Mullikey, from Tawcony Creek to Poquessink Creek ; Claus Johnson, from Poquessink Creek to Samuel Cliff's ; and John Akraman, from Samuel Cliff's to Gilbert Wheeler's.2 There are various deeds from William Penn, in England, Grants of about this time, on record at West Chester, in parcels of 500 ^ndbr acres, "to be admeasured and computed according to the England. dimensions of acres mentioned and appointed in and by the statute of 33d of King Edward, to be allotted and set in such places or parts in said province, and in such manner and at such time or times as by certain concessions or constitutions, bearing date the 11th of July last, and signed, sealed and executed by and between said William Penn, on the one part, and said B. C. on the other, of lands within said province, ofthe other part, &c."3 At William Penn's request, Claypoole writes to his friend March it. in France, and says " he wishes to get about 1500 to 2000 vine Penn desires plants, to carry with him to Pennsylvania, a colony in the grape-vines, -^fest Indies, near Maryland, which the king has given him, lying in 41°, 42°, 43°, north latitude, whither he intends, God willing, with his family and servants, and many people, [to go] this summer. He desires of those that bear the best grapes, rather than the most. There are now several vessels at Bordeaux, which will take them."4 " As to settling a company in Pennsylvania, we have had March 21. many meetings, and debated about it, and brought matters Progress of now so to bear as we think will give general content. The sylvania" proposals or articles are transcribing, and next week we shall company, come to a conclusion to desist or send copies abroad."5 1 Law in Learning & Spicer, sec. 8, p. 446. 2 Upland Records, at West Chester. s Ibid. 4 Claypoole's Letter-Book. 6 Ibid. W. MARKHAM, DEPUTY.— CHARLES II. Having previously purchased land, the same writer, on the 31st, says, "As to planting my land in Pennsylvania, I have had divers considerations on my mind, which way to proceed, but cannot come to any conclusion. Sometimes I am think- considera ble; to send one of my sons as an overseer, with two or three tionssus- . . 7 gested m servants, to build a little house, and plant an orchard and view of go- garden, and get some cattle, and ground cleared for corn, and "f^f6™" so to go on raising corn and cattle ; and at other times I am and various thinking to send some honest, poor friend, with a servant or d^^"™! two, to act for me as my attorney, that if I should have an fears. inclination hereafter to go thither with my family, I may have a house and some provisions ready. I conclude on neither yet, because of some objections which I cannot get over, and the settling the company, wherein there may some encouragement be offered for my going there myself; and one grand objection is, that I may not possibly like the house nor situation, and so not care to dwell in it. We have concluded Pennsytra- our business and all things relating to the company ; we shall nia Oom" send copies thereof to divers parts." And a few days later, he says, " The articles for the Penn sylvania Company are printing. I cannot tell what to write Penn's you about the deeds for land, but yours will be like mine and others, which are approved by men skilled in the law ; and as to improving of land there, I can say little at present, but do find myself more inclined to go, so that I believe it will be my lot to remove with my family before a year be passed." On the 22d and 23d March, William Penn granted to N. April 14 2. Moore and others,, deeds of lease and release for a large body of land, and by the following charter, dated March 25th, April*. erects it into a manor, and incorporates them into a company, with most extraordinary powers and privileges, by the name of the Free Society of Traders. This is the Pennsylvania company heretofore alluded to. " To all people to whom these presents shall come : AprU 3. "Whereas King Charles the Second, by his letters-patent charter of under the great seal of England, for the consideration therein cieety ^e mentioned, hath been graciously pleased to give and grant Traders. unto me, William Penn, (by the name of William Penn, Esq., son and heir of Sir William Penn, deceased,) and to my heirs Preamble. and assigns for ever, a certain province in America, by the name of Pennsylvania, and hath thereby also given me power, and to my heirs, to grant or alien any part or parcel of the 2Z deeds for < land. release of 20,000 acres, 542 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. said province, to any person or persons, in fee-simple, or for %~~Y — ' any other estate, to be holden of me and my heirs, by such rents, customs, and services as shall seem fit unto me the said William Penn, and my heirs, with a clause of noil obstante to the statute Quia Emptores Terrarum, made in the eighteenth year of the reign of King Edward the First ; and also erect into manors any such parcels of land as I and my heirs shall have granted or aliened as aforesaid, and to enable such grantees or alienees, and their heirs, to have and to hold courts-baron, courts-leet, and view of frank-pledge, within the same, and to give and grant to any other person or per sons, any part or parcel of the lands granted or aliened to them by me or my heirs, to be holden of them and their Lease and heirs. And whereas I have, by my several indentures of lease, bearing date the two and twentieth, and of release, bearing date the three and twentieth day of the first month, called March, in the four and thirtieth year of the said now king's reign, granted unto Nicholas Moore, of London, medi cal doctor, James Claypoole, merchant, Philip Ford, William Sherloe, of London, merchants, Edward Peirce, of London, leather-seller, John Symcock, and Thomas Brassey, of Cheshire, yeoman, Thomas Baker, of London, wine-cooper, and Edward Brookes, of London, grocer, and their heirs, to the use of themselves, and their heirs and assigns, twenty thousand acres of land, parcel of the said province of Penn sylvania, in trust nevertheless, for the ' Free Society of Traders,' in Pennsylvania, and their successors, as soon as the said Free Society should be by me incorporated or erected, as in and by the said indentures, (relation being thereunto had,) more fully doth appear. " Now know all men by these presents, that I, the said The land William Penn, according to the power given by the said let- erected into a manor. ters-patent, do erect the said twenty thousand acres into a manor, and do constitute, make, and confirm the same to be henceforth a manor, by the name of the Manor of Frank, to all intents and purposes; and I do hereby authorize, give power, and grant to the said Nicholas Moore, James Clay poole, Philip Ford, William Sherloe, Edward Peirce, John Symcock, Thomas Brassey, Thomas Barker, and Edward Brookes, and. to such other persons as they shall hereafter receive into their society, by the name of ' The Free Society of Traders,' in Pennsylvania, and to their successors, whom W. MARKHAM, DEPUTY.— CHARLES II. I hereby erect and constitute a corporation by that name, to all intents and purposes, for the better improvement of trade, to sue and be sued, and to answer and be answered by that name, and by that name to give and grant to any person or The mem- persons, such part or parcel of the said Manor of Frank as berfl inoor" to them shall seem meet, to be holden of them and their sue- ^^ cessors, in free and common soccage, by such rents, customs, and services, as to them and their successors shall seem meet, so as the same be consistent with the said tenure in free and common soccage. And also, that the said Free Society of Traders, in Pennsylvania, and their successors, shall and may, from time to time, and at all times hereafter, receive, take, and enjoy, all such rents, customs, and services reserved as aforesaid, together with all other services incident to the said tenure, and all the fruits and consequents thereupon, to their own use and behoof. " And I do also, according to the said powers given by the rowers and said letters-patent, grant unto the said Free Society of Trad- ^"ae«m- ers, in Pennsylvania, and their successors, that they, by them selves, or by the justices and keeps of the peace hereinafter mentioned, may from henceforth hold two sessions and jail Hoidtwo deliveries yearly, at such convenient times as they shall think m^ best, who may hear and determine all pleas and controversies, as well civil as criminal, which shall arise within the said Manor of Frank and corporation aforesaid, wherein no other justices or other officers of the said province shall intermeddle, no inter- and that they, by themselves, or by their stewards, may for J^'jut" ever hold a court-baron within the said manor, and may do tices- and execute all such matters and things as are belonging and incident unto, are used and accustomed to be done in a court- baron. And I do likewise grant unto the said Free Society of Traders, and their successors, that they, by themselve'S, or by their stewards, may for ever hold a court-leet, and view of courtieet, frank-pledge, for all the inhabitants and residents in and frDa*™wof upon the said Manor of Frank, and may do, perform, and pledge. execute all such matters and things as are belonging or inci dent unto, or are used and accustomed to be done in a court- baron, court-leet, and view of frank-pledge. And I do hereby grant that the said Free Society of Traders, and their succes sors, may have, receive, and enjoy all profits and perquisites of courts, and all other franchises, liberties, jurisdictions, royalties, privileges, and immunities whatsoever to the said 544 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. manor or courts, or to the said Free Society of Traders, or ' — ¦ — ' their successors, as lords of the said manor, belonging or in anywise of right appertaining. "And whereas, by the said letters-patent, full power is granted unto the said William Penn, and his heirs, to appoint judges, lieutenants, justices, magistrates, and officers, for what cause soever, and with what power, and in such form as to me seems convenient, with liberty to import the growth and manufactory of that province into England, paying the legal duty, as also to erect ports, harbours, creeks, havens, keys, and other places for merchandises, with such jurisdictions and privileges as to me, William Penn, shall seem expedient. " Now further witness these presents, that I, William Penn, according to the power given by the said letters-patent, do, for me and my heirs, authorize and give power to the said Free Society of Traders, and their successors, for the better carrying on their trade, and for the common execution of justice in the said Manor of Frank, from time to time, and May appoint at all times hereafter, to appoint to place, and to remove officers. whom they will, of themselves, for president, treasurer, secre tary, sheriff, surveyor, agents, stewards, and all other under- officers and servants of the said Free Society of Traders, and , their successors, and of the said corporation and Manor of Frank, as to them shall seem meet and most convenient, and that the said officers and servants of the said Free Society of Traders, or of their successors, and the tenants of the said Manor of Frank, and the inhabitants within the same, shall not be impleaded, without the said manor, for any plea arising " within the said manor, and that none shall lodge within the houses or lands within the said manor, by force, and all the freemen of the said Free Society, and their goods, shall be quit and.free throughout the province, and the ports thereof, of and from all toll, passage, lightage, and all other customs and payments whatsoever, excepting only such as shall be taxed by common consent of the provincial council and ge neral assembly of the said province; and also that their courts may sit once in a week, that is to say, on the second day of the week, called Monday, and that right be done then according to law. And I do further grant them, according to that authority given me, acquittal of murder within the said manor ; and that none of the said Free Society, or of their successors, or of the said manor, be compelled to wage W. MARKHAM, DEPUTY.— CHARLES II. battle, and that they may discharge themselves of the pleas belonging to the province, according to what laws and cus toms shall be justly established in the said Free Saciety, and that all and singular the officers and servants of the said Free Society, and inhabitants and dwellers within the said manor, or any of them, shall be, and every of them is, and for all time to come, shall be and remain under the rule, go vernment, jurisdiction, oversight, searches, correction, punish ment, precepts, and arrest of the said Free Society, and their successors, and their respective under-officers for ever, any liberties, franchise, privileges, exemption, or authority what soever, granted by the said William Penn, to the contrary thereof notwithstanding. Provided nevertheless, that all per sons who shall inhabit, in time to come within the liberties and franchises of the said manor, or any the precincts, cir cuits, or compass thereof, and all buildings therein built or to be built, and all lands, tenements, and hereditaments within the said manor, from henceforth shall be for ever quit and free from all taxes and other burdens of scot, lot, watch and ward, through and within the said manor, to be paid, made, sustained, or contributed, except the charges , and expenses due and reasonable for the defence of the province, and such like special public services and taxes, by common consent of the provincial council and general assembly as aforesaid, and except the charges for ways, pavements, ditches, bridges, and water-courses, within the circuits, precincts, liberties, juris dictions of the aforesaid manor, respectively to be paid. And that all freemen of the Free Society aforesaid, for the time being, inhabiting, or who shall inhabit within the liberties and franchise of the said manor, shall be chargeable and liable to serve in all offices and charges, as well of president, deputy-president, treasurer, secretary, agents, sheriff, steward, and whatsoever other office he or they shall be deemed meet for by the said Free Society. " And furthermore, for the better and common profit of the said Free Society, and for the accommodation and supportation of the charges and expenses of the said Free Society of Traders, and to their successors, I grant to the said Free Society of Traders, and to their successors, that from and henceforth and for ever, all and singular persons, though they be not free of the same Free Society, who shall hereafter be dwelling within the liberties or precincts of the said manor, in all aids, 69 2z2 546 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. tallages, grants, and other contributions whatsoever, that shall ' — ' — ' be taxed to the use and service of the said Free Society, for the maintaining the magistracy, and other public charges, as in cities and towns are to be maintained by the freemen and inhabitants of the same, for the public good, howsoever shall be reasonably and proportionably taxed and assessed, and that the said Free Society of Traders, by their respective officers aforesaid, can levy the same aids, tallages, grants, and other contributions and lawful taxes, by their own officers and ministers, by distress and sale of goods and chattels of such persons, who from time to time shall be charged with payment of such aids, tallages, grants, and other taxes and contribu tions, who shall refuse or neglect to pay the same. Provided always, nevertheless, that such residents and dwellers in any houses within the aforesaid society, who are not, nor shall be freemen of the same, shall only be taxed for the house in which they shall inhabit or reside, or are dwelling within the same society's liberties, or precincts of the same, according to the known customs of rent payable, and as those who are free of the said Free Society, and are taxed, and not otherwise. And in case any such said inhabitants, not being freemen of the society, shall think himself, by reason of the aforesaid taxes, unjustly grieved, that then, and in such case, the pro vincial council, or such persons as they shall appoint, shall moderate and qualify such contributions as they shall think fit. " And furthermore, I do grant to the aforesaid Free Society of Traders, and their successors, that the president, deputy- president, treasurer, secretary, surveyor, and the agents of the said Free Society, and their stewards aforesaid, who here after, for time being, shall be chosen by the said Free Society, so long as they shall continue in their respective offices in the society aforesaid, for ever be, and shall be, justices and keeps of the peace, and make to be kept the peace in and through all and singular the circuits and precincts, liberties, franchises, and places of the manor and corporation aforesaid, and to keep, or cause to be kept and executed, all laws and statutes of the province, made for their good, and for the public peace and quiet rule and government of the people, in all their liberties and franchises, according to the force, form, and effect of the same, and to chastise and punish those who, contrary to the form and effect of those laws or statutes, or W. MARKHAM, DEPUTY.— CHARLES II. any of them, within the limits, franchises, and places afore said, are found to offend, as ought to be done, according to the frame of the said laws and statutes, and to make to come before them all those who threaten any of the people con cerning their bodies, or burning their houses, and for other lawful and sufficient causes, to find sufficient security of the peace, or good behaviour, and if they refuse to give security, then to commit or cause them to be safely kept in prison until they shall find such security. " And I do further grant unto the said Free Society of Traders, for myself, and my heirs and successors, to them and their Successors, that the justices aforesaid, or any three of them, whereof the said president or deputy-president and the treasurer shall be two, from henceforth and for ever, may be justices, to inquire of all manner of felonies, trespasses, forestalled, and of all and singular other misdeeds and of fences, of which the provincial justices of the peace may and fixight lawfully to inquire, howsoever or wheresoever done or committed, or which hereafter shall be done or attempted within the liberties, franchises, and places of the manor afore said, and also of all others who, within the same franchises, liberties, and places, go or ride tumultuously and riotously, or with armed force, against the peace, and to the terror [and] disturbance of the people ; and also of those who lie in wait to kill the people, or hereafter shall presume to lay in wait ; and also of all and singular other persons who have offended, or attempted, or hereafter shall presume to offend, or attempt, in abuse of weights and measures, within the said manor, against the form of the laws and statutes, or any of them, made or to be made for the common profit of the pro vince and people ; and also to hear and determine all and singular the same felonies and misdeeds, according to the laws and statutes of the province ; so always that the said Free Society of Traders, and their successors, may have and hold all and singular their privileges, free, whole, and unhurt, and that neither a keeper of the peace, or justice, or other officers or ministers of the province whatsoever, shall inter meddle in the same manor, nor call the freemen of the said Free Society, or other persons inhabiting within the said manor, to an account for any of the felonies and other offences aforesaid found therein, or to be found, or for deodands, nor for any thing relating to felonies, fugitives, or their lands, 548 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. goods, or chattels, within the said manor, usually seized for ' — ' — ' the king, but the said Free Society, and their successors, shall enjoy them fully, and convert them to their own proper use. " And I do further grant that the president (for the time being) of the said Free Society, (and in the absence of the pre sident,) the deputy president for the time being, shall be a justice and keep of the peace of the province, in the liberties of the same, to be conserved and kept, and I do constitute, make, and ordain, by these presents, that every one who is, or hereafter shall be president of the said Free Society, so long as he shall behave himself well, shall be, together with the justices and keeps of the peace hereinbefore mentioned, keepers and justices of the peace within the corporation aforesaid, and the liberties of the same, to keep, or cause to be kept, all and singular the laws and statutes made and to be made for the good and peace of the province, and for the conservation of the same, for the quiet rule and government of the people, in all their liberties and franchises, within the said corporation, according to the form, force, and effect df these presents, and to correct and punish all those whom they shall find offending against the ordinances of the said Free Society, as also all murders, false conspirators, and all and singular other offenders, according to the laws and statutes of the said province, as used and ought to be done in such like cases ; and to chastise and punish thevsaid offenders for their faults, by fines, redemptions, amercements, forfeitures, and otherwise, as used and ought to be, according to the laws and statutes of the province, and to do, exercise, hear, determine, and execute all and singular things within the said corporation and liberties thereof, which justices of the peace, by the laws and statutes of the province, may or are enabled to do, in quire, or execute, and in as ample manner and form as any one or other justices of the peace in the province may or are enabled lawfully to do, inquire, punish, or execute, in any other precincts of the said province, giving it strictly in com mand, by these presents, for me, my heirs and successors, to the freemen, officers, and all inhabitants within the said cor poration, that they shall be attending, counselling, answering, assisting, and aiding, to the justices and keepers of the peace, and other such officers as are aforesaid, in all things which do or may belong to the office of justices and keeps ofthe peace within the said corporation and liberties of the same, as afore- W. MARKHAM, DEPUTY.— CHARLES II. 549 said,, as often and when they shall be duly required by them, 1682. or any of them, in behalf of me, my heirs and successors. ' '""' "And I do further grant, and by these presents, have granted, for me and my heirs, unto the said Free Society, and their successors, all recognisances at any time lawfully taken or acknowledged, or to be taken or acknowledged for appear ance, and forfeited, or to be forfeited for non-appearance, at any session or sessions of the peace, or jail delivery, holden or to be holden before the justices aforesaid ; and all manner of other recognisances lawfully taken, or to be taken for and concerning the keeping of the peace, and for keeping the ordinances, orders, and rules of the said Free Society whatso ever, according to law ; and also all fines and issues of jurors, and all other issues, fines, and amercements, forfeited- at all times, for any matter or causes, and occasions whatsoever, in the said manor, or liberties of the same. " And I do, for myself and my heirs, grant unto the said Free Society of Traders, and their successors, to choose three officers of the said Free Society, to be of the said provincial council of the province, and when, by any article in the in tended frame of government, any one of the said officers shall go out, then the said Free Society of Traders, and their successors, shall choose another, and so successively for ever. " And I do, for myself, and my heirs and assigns, grant unto the said Free Society of Traders, and their successors, all manner of mines and metals, as well royal mines of gold and silver, as other mines, which shall be found in the said twenty thousand acres, or in any part of them, excepting only the fifth part reserved by the king of England to him self, his heirs and successors ; and excepting also one other fifth part of all the ore which shall be found in any mines of gold and silver, to me, the said William Penn, my heirs and assigns. ' " And I do, for myself, and my heirs and assigns, grant unto the said Free Society of Traders, free fishing of whales, Sturgeon, and all royal and other fishes in the main sea and bays of the said province, and in the inlets, waters, and rivers within or adjoining to the said twenty thousand acres, or any part thereof, the said Free Society of Traders, and their successors, yielding and paying unto me, William Penn, my heirs and assigns, the sum of one shilling yearly, upon the day of the vernal equinox, or within one and twenty days 550 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. after, at my dwelling-house in the capital city of Pennsyl- ' " ' vania. " And lastly, I do also grant, for me and my heirs, to the said Free Society, and their successors, for ever, all and every one of the things aforesaid ; and further, that no manner of person whatsoever shall inspect their books, warehouses, or houses, without their own consent, but shall in all respects be free to trade, build, and plant, and to appoint fairs and mar kets, at such convenient times as they shall think fit, within the corporation and manor aforesaid, together with all other reasonable liberties, franchises, and immunities whatsoever, which have at any time heretofore been granted to the city of London. " In witness whereof, I have put my name and seal, this four and twentieth day of the first month, called March, in the four and thirtieth year of the said now king's reign, and in the year of our Lord, according to the computation of England, one thousand six hundred and eighty-one-two. " William Penn." [l. s.]1 On the day following the date of the charter, "the artieles, April 4. settlement, and officers of the Free Society of Traders, in Address and Pennsylvania, agreed upon by divers merchants and others, constitution „ , , . "' , „ , . , of the Tree *or the better improvement and government of trade in that society of province," was published in a folio pamphlet, in London. It opens with an address setting forth the advantages of the society, and is accompanied by a constitution, to which sub scriptions are invited. The operations were intended to be upon a very extensive scale. They are as follows : " The Preface. — Reader : honest and industrious traffic has The preface, been the usage and the praise of many nations ; and in this all countries seem agreed, that their wealth and strength are begun, continued,' and increased by it, a truth common expe rience daily confirms; for this hath made, and is making many princes and states in the world endeavour to have their subjects prosper in trade. The very Indian princes are now convinced of this truth, which makes the King of Bantam send his ambassador here. This is likewise the reason why many considerate men have thought fit to join themselves in a society of trade in Pennsylvania, which, after some diffi- 1 Records of Bucks County ; for a copy of which the author is indebted to W. Carr, Esq. It is believed that it has never been in print. W. MARKHAM, DEPUTY.— CHARLES II. 551 culty, they have accomplished. But this may be modestly 1682. said, it is a very unusual society, for it is an absolute free — r~" one, and in a free country; a society without oppression, wherein all may be concerned that will, and yet have the same liberty of private traffic as though there were no society at all ; so that this society is calculated both to promote the public good, and to encourage the private; and indeed, it seems not possible that province should be improved in many years without it, as it is like to be in a few years by it. How ever, it is such a society as can do harm to none, but may do good to all, which a serious perusal of the government of it "will plainly evince to the considerate and ingenious. We may add, that it is no small conveniency and ease to the minds of planters, (happily unacquainted in trade,) that they may have some part of their estates improving in an united way and care, whilst they thereby may, with less distraction, and more freedom of spirit, apply themselves to their particular planta tions ; for here a few hands do the work of the whole, and by this honest and free device, the whole will be furnished fresh and fresh, from time to time, in the nature of a bank. This union of traffic prevents emulation, for every one is interested in every one's prosperity, and the profit must be greater and surer, and navigation, manufacture, and arts better improved, than by force of private and divided stocks. To conclude, it is an enduring estate, and a lasting as well as certain credit ; a portion and inheritance that is clear and growing, free from the mischief of frauds and false securities, supported by the concurrent strength and care of a great and prudent body, a kind of perpetual trustees, the friend of the widow and the orphan, for it takes no advantage of minority or sim plicity. "These and many more great advantages accrue to a society so freely constituted as this appears to be, by the ensuing articles of agreement, which are imposed on none, but recom mended to all, with this assurance, that nothing is hereby in tended but what is consistent with justice and prudence, to the best of their skill that were concerned in the framing of it ; and it is hoped that the improvements which may accrue by it, will prove to be of no small advantage to that country, and Old England, from whom it takes its original. " To which, reader, it may not be improper to add, that this society is endowed with divers immunities and privileges, the constitu tion. 552 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. by grant and charter, from William Penn, governor of that w"> — ' province. " Nicholas Moore, "James Claypoole, " Philip Ford. " London, 25th of first month, called March, 1682."1 The first general court to be held in London, May 29, and ever after on first Thursday of November, in the capital city Abstract of in Pennsylvania. Votes may be by proxy. No one in England to have more than one vote, unless he have a share of land in Pennsylvania, at least 1000 acres of his own, with some inhabitants on it, in which case, inhabit ants of Pennsylvania shall, for two £25's, or one £50, have one vote; £100, two votes; £300, three votes, and none more. Subscription books in England to open 29th June, and no longer ; in Pennsylvania, from arrival of first ship of the society for six months, paying 15 per cent, sterling for risco run by the society, for such as subscribe in thirty days, and 1 per cent, for every month after, to be added to the value of the cargo. No subscription for less than £25, in one man's name, though five may join in it. At the meeting in England, in May, subscribers shall con firm their subscriptions by paying 5 per cent, as part of the sum to be paid in onemonth. President, deputy, treasurer, secretary, and 12 committee men to be then chosen ; any five, with president or deputy, to be a quorum. Committee-men to have but one vote each ; president or deputy a casting vote. At end of seven years from closing in Pennsylvania, new subscribers received ; and so every seven years. Valuation of stock to be made, and subscribers to be on valuation. Two hundred servants to be sent to Pennsylvania first year, of most suitable trades and capacities. Additions may be made to subscriptions before the month is out. The president, deputy, and treasurer, must own 5000 acres in Pennsylvania, and £100 of society stock. General officers to continue seven years, and live in society's house, but may be dismissed for crime proved against them 1 Reg. Penns. vol. i. pp. 394—396. W. MARKHAM, DEPUTY.— CHARLES II. in court of assistants, who may elect in his place till next court ; this court chosen yearly, who shall advise with presi dent in emergency, as to receiving more money, dividends, filling places, settling new factories, mines, building ships, &c. Abstract of The committee to choose inferior officers at home and the constita abroad, and generally to direct. tinned?* All forfeitures to be employed in improving land for the maintenance of families of persons disabled in the service. The books, papers, &c. to be kept in society's house, under three locks and keys, in charge of president or deputy, treasurer, and oldest committee-man. The books, &c. not to be intrusted to any person longer than to transcribe any part in day-time, and in the house, before some person appointed by committee ; the book-keeper only to have a copy, which any member may examine once a month. Treasurer to give security, as also all agents, store-keepers, ship-masters, &c. Servants bound to secrecy, or forfeit security. Black servants to be free at fourteen years' end, on giving to the society two-thirds of what they can produce on land allotted them by the society, with a stock and tools ; if they agree not to this, to be servants till they do. No mineral undertaking to be begun but with approval of assembly. At each yearly meeting, a general statement of affairs. Two or more general factories in Pennsylvania ; one on Chesapeake Bay, and one on Delaware or elsewhere, for more speedy conveyance of goods into the country and Maryland, but the government of the whole to be in Pennsylvania. Society to assist Indians settling in towns, with advice and artificers. Twenty-four assistants to be added to committee ; twenty and the president a quorum. The first assembly in Pennsylvania to be desired to ratify the patents from the governor by an act. Notices of meetings to be regularly served at the dwellings. Those who do not pay the instalments after second call, cannot dispose of their stock, but society may dispose of it to those who will, unless prevented by calamity or poverty, in which case they may sell. A chief agent to reside in England, to whom letters and goods shall be directed ; he to have a council of six factors, 70 sa 554 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. all to reside in London, to advise about sales and purchases ; ' — ' — ' he to give every factor his commission how to proceed, and the agent to be directed by the committee in Pennsylvania. All the officers to bring to the society's warehouse all pel- tries they buy of the Indians with their own goods, which shall be entered and sent over with the society's goods, and shall have what return they will for the same, allowing freight, factorage, &c. ; this for the special benefit of the owners, as well as the society. Various other officers ; surveyor, surgeon, clerks, overseers, messengers, porters, butchers, watermen, carmen, &c, distri buted among the offices of the treasurer, secretary, surveyor, and miner, whose duties are particularly defined. Philip Ford, in London, is authorized to receive sub scriptions.1 " Our book of articles for the Pennsylvania Company or Apra u. Society is printed; I did intend to send one, but Thomas Further pro- Holme told me he intends two to Dublin. I hope we shall gress ofthe ^ subscriptions, so as to encourage the settling of a com ma com- pany for trade there. Here are many who have signified pan7' their good liking to it, and will be concerned, and we have advice from friends of three divers counties in England, that will join with us. Our book will be ready for subscribers to begin next week. I do intend to be concerned 100 at least." On the 14th, he sends articles of the company. "Vote Time and and subscriptions to be confirmed against 29th proximo, by termsofsub- depositing 5 per cent., and the three general officers, trea- scnption. r a r ? o 7 Wm.Penn surer, and committee, as per 5th article; some privately expected in taike(j 0f_ "William Penn is expected in town by next post." " For land which William Penn sells in Pennsylvania, he gives every one their deeds, when they pay their money, (which was made hard,) by Thomas Rudyard, all of one form."2 " It was mutually agreed, (at a Friends' meeting in Abing- Apni2i. don,) that a meeting be at William Cooper's at Pyne Point, Early New Jersey, the second First-day of third month next, and meeting at the next meeting be at Thomas Fairman's, at Shackamaxon, shackamax^ and so in course."3 " As to my sending servants this year to Pennsylvania, I Aprii25. can come to no results in my mind till two or three months 1 See Reg. Penns. vol. i. p. 394, for the entire constitution. 2 Claypoole. ' Minutes of Friends' Meeting at Abingdon, quoted by Watson, vol. i. p. 140. nia. W. MARKHAM, DEPUTY— CHARLES II. 5551 are over, that we see what subscriptions there will be for the 1682. company, and who will bd chosen officers. My son John is ' — •— " to embark next week for Pennsylvania, with Thomas Holme, to assist him in surveying the country." On the 28th, he t. Hoime says, " I am much inclined to go with my family to settle, f^*^ but I think it will hardly be till 1683."1 JT^™ Captain Thomas Holme receives a commission from Wil- April 28. liam Penn, dated April 18th, as surveyor-general of Penn sylvania.2 It is as follows : " To all whom this may come, and more especially, to all commission 1 i J n i i of Thomas such as are, or may be concerned as adventurers, purchasers, Holme> as planters, and inhabitants, in the province of Pennsylvania, surveyor- ... J general of in America. Pennsylva- " Whereas, King Charles the Second, by his letters-patent under the great seal of England, for the considerations therein mentioned, hath given, granted, and confirmed unto me, Wil liam Penn, (by the name of William Penn, esquire, son and heir of Sir William Penn, deceased,) the absolute proprietary of the said province of Pennsylvania, with ample jurisdictions and powers, necessary for the well-being, ordering, and go vernment thereof, as by the said letters-patent do appear. " Now know ye, that I, the said William Penn, reposing special confidence in the integrity and ability of my loving friend, Captain Thomas Holme, of the city of Waterford, in the kingdom of Ireland, do by these presents elect, empower, and establish him, the said Thomas Holme, in the office, trust, and employment of surveyor-general of the said province of Pennsylvania, for and during his natural life, he behaving himself honestly and faithfully in the said office, trust, and employment, hereby giving and granting unto the said Thomas Holme, full power and authority to enter into, survey, and admeasure, or cause to be entered into, surveyed, and ad measured, (with all reasonable expedition,) all the said pro vince of Pennsylvania, and all and every parts, islands, and territories thereof, which, by the said letters-patent, do or may of right belong and appertain unto me, my heirs and assigns. And to the end I, the said William Penn, as abso lute proprietary of the said province, by letters-patent afore said, may have and obtain a true and certain knowledge of the exact quantities of every distinct and individual part and t 1 Claypoole. 2 Harrisburg Records. 556 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. parcel of land in the said province, that already is, or here- ' — ¦ — ' after may be granted and disposed of by me, my heirs and assigns, unto any person or persons whatsoever, and to whom, t. Holme's and for what use or purpose soever, the said Thomas Holme, commission, ag survey0r-general, is hereby empowered, from time to time, to cause all persons employed in the survey and admeasure ment of any part or parcel of land in the said province, to return a true duplicate of all their original fieldworks, and the protractions and quantities of their operations, unto his said office, there to be examined and tried ; and what there shall be approved of, the same, and no other, to be fairly entered in the said office, and there to remain upon record as a standing rule, conclusive and binding to me, my heirs and assigns, as absolute proprietary, and also to all the adven turers, purchasers, planters, and inhabitants concerned in the said province, in relation to the respective quantities, meets, and bounds of their lands, lots, and holdings. And if any person or persons whatsoever, that now are, or hereafter may be concerned in the said province, shall there survey and ad measure, or cause to be surveyed and admeasured, any part or parcel of land, in order to be taken up and planted, with out orders and directions from the said Thomas Holme, that all such surveys and admeasurements shall, by me, my heirs and assigns, be held and deemed invalid, and no ways hinder the due disposal thereof. And the said Thomas Holme is to observe such orders and directions about the method of pro ceeding in the survey and admeasurement of the lands in the said province, and also of the allotments and distribution thereof, as he shall, from time to time, receive from me, my heirs or assigns, and according to such concessions as are or may be agreed upon between me and the persons concerned in the said province ; and to keep his public office of sur veyor-general in the capital city or town in the said province, that so if any difference happen about the quantities, meets, or bounds of lands, the same may be there regulated and composed. And I hereby grant to the said Thomas Holme, to take, receive, and to his own use enjoy, all and every such profits and benefits, for the surveys and admeasurements of the said province, or any part thereof, and keeping his office of surveyor-general there, as are allowable in the like cases in America. " Given under my hand and seal of the province of Penn- son going over. W. MARKHAM, DEPUTY.— CHARLES II. sylvania, this eighteenth day of the second month, one thousand six hundred and eighty-two. William Penn. " Recorded the 27th of the third month, 1684, in book A., vol. i. p. 7." "My oldest son is going away this week in the 'Amity,' April 29. R. Dimond, for Pennsylvania, to be assistant to William ciaypooie Penn's surveyor. I have bought 5000 acres, and may pro- h^slmd- ,,., -i-i r son Eoina bably be concerned m the company or society, of which I send their book enclosed. I hope I may remove next year with my whole family thither. We have a prospect of a con- Prospect of siderable trade between Barbadoes and Pennsylvania. We *^; calculate there will go thither from hence above one thousand emigration. Friends this year; then William Penn and his family goes; Thomas Rudyard, Charles Taylor and his family, and many others ; then two ships from Bristol and five from Wales ; so that if the Lord bless us, and prosper our way, the country will be planted in a little time."1 " I have been at Gravesend with my son John, who is gone April 30. per the 'Amity,' Dimond, master, for Pennsylvania, to be The ship assisting to the general surveyor, whose name is Thomas ^p^fl. Holme, a very honest, ingenious, worthy man. Have fitted vania, with John out with all things necessary, and his employment is jf^f^'. very creditable, and if he be diligent and sober, may come general. in a few years' time to be very profitable ; however, it will be a present maintenance, and keep him from ill company. I Has bought have bought 5000 acres from William Penn, and we are en- 6000acrcs- deavouring to settle a society for trade, according to enclosed book of articles ; there has been subscribed £10,000, but we Peunsyiva- laid that aside, not having agreed on all particulars, and now fo^"™^- the next week we shall begin to subscribe according to this scriptioniaia book. Divers persons have desired, that if the stock be con- ^'/one siderable, so that we shall succeed, that I might be one of the proposed. principal officers, as deputy, for there are two chosen for president and treasurer, which are inclined to accept of, if they choose me ; however, I have a great drawing on my intends go- mind to remove with my family thither, so that I am given up, ByfTj^enn" if the Lord clears our way, to be gone next spring ; it may wants ne- be about a year hence. Advise me, in thy next, what I sroes' might have two negroes for, that might be fit for cutting down trees, building, ploughing, or any sort of labour that is required in the first planting of a country. I hope to carry 1 Claypoole. 3a2 ffis brother settled in New Deal, Delaware.Amityleaves the Downs. May 5. Penn's views of go vernment. WILLIAM PENN, PROPRIETARY AND GOVERNOR. ten or twelve servants from hence, and many people that love us well are inclined to go when we go. William Penn him self, and family, go this summer, and probably about one thousand people." " I have a letter from brother Norton, date 16th of tenth month, from New Deal, in Delaware Bay, where he is settled on a plantation. He writes, his wife and child were come, and he was going to fetch them home." In a subsequent letter, (April 29,) he says, " Our ship for Pennsylvania went out of the Downs, the 23d."1 We have, in this letter, a positive proof that the fact stated of the Amity being blown off to the West Indies, last winter, is incorrect ; that she did not arrive till spring or summer, is more true. The next important measure of Penn, was the publication of his frame of government, or first constitution of Penn sylvania, introduced by a preface of considerable length, giving his views of the origin and nature of government, which have been highly extolled. " The frame of the government of the province of Penn sylvania, in America, together with certain laws agreed upon in England, by the governor and divers freemen of the afore said province, to be further explained, and continued there, by the first provincial council that shall be held, if they see meet. " The Preface. — When the great and wise God had made the world, of all his creatures it pleased Him to choose man his deputy to rule it ; and to fit him for so great a charge and trust, He did not only qualify him with skill and power, but with integrity to use them justly. This native goodness was equally his honour and his happiness, and whilst he stood here, all went well ; there was no need of coercive or com pulsive means ; the precept of divine love and truth in his bosom was the guide and keeper of his innocency. But lust prevailing against duty, made a lamentable breach upon it, and the law, that had before no power over him, took place upon him and his disobedient posterity, that such as would not live conformably to the holy law written, should fall un der the reproof of and correction of the just law without, in a judicial administrution. " This the apostle teaches in divers of his epistles : the law, says he, was added because of transgression: in another 1 Claypoole. W. MARKHAM, DEPUTY.— CHARLES II. place, knowing that the law was not made for the righteous man, but for the disobedient and ungodly, for sinners, for unholy and profane, for murderers, for whoremongers, for them that defile themselves with mankind, and for men- stealers, for liars, for perjured persons, &c. But this is not all : he opens and carries the matter of government a little further : let every soul be subject to the higher powers, for there is no power but of God ; the powers that be are ordained of God ; whosoever, therefore, resisteth the power, resisteth the ordinance of God, for rulers are not a terror to good works, but to evil. Wilt thou then net be afraid of the power ? Do that which is good, and thou shalt have praise of the same. He is the minister of God to thee for good ; wherefore ye must needs be subject, not only for wrath, but for conscience' sake. " This settles the divine right of government beyond ex ception, and that for two ends ; first, to terrify evil-doers ; secondly, to cherish those that do well ; which gives govern ment a life beyond corruption, and makes it as durable in the world as good men shall be. So that government seems to me a part of religion itself, 'a thing sacred in its institution and end; for if it does not directly remove the cause, it crushes the effect of evil, and is as such, (though a lower yet,) an emanation of the same divine Power, that is both author and object of pure religion, the difference lying here, that the one is more free and mental, the other more corporal and compulsive in its operations, but that is only to evil-doers, government itself being otherwise as capable of kindness, goodness, and charity, as a more private society. They weakly err, that think there is no other use of government than correction, which is the coarsest part of it ; daily expe rience tells us, that the care and regulation of many other affairs, more soft and daily necessary, make up much the greatest part of government, and which must have followed the peopling of the world, had Adam never fell, and will con tinue among men on earth, under the highest attainments they may arrive at, by the coming of the blessed second Adam, the Lord from heaven. Thus much of government in general, as to its rise and end. " For particular frames and modes, it will become me to say little, and comparatively I will say nothing. My reasons are, first, that the age is too nice and difficult for it, there 560 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. being nothing the wits of men are more busy and divided ' — ' — ' upon. It is true, they seem to agree in the end, to wit, happiness, but in the means they differ, as to divine, so to this human felicity, and the cause is much the same, not always want of light and knowledge, but want of using them rightly. \~Men side with their passions against their reason, and their sinister interests have so strong a bias upon their minds, that |_>hey lean to them against the good of the things they know. " Secondly, I do not find a model in the world, that time, place, and some singular emergencies have not necessarily altered, nor is it easy to frame a civil government that shall serve all places alike. " Thirdly, I know what is said by the several admirers of monarchy, aristocracy, and democracy, which are the rule of one, a few, and many, and are the three common ideas of government, when men discourse on that subject. But I choose to solve the controversy with this small distinction, and it belongs to all three, any government is free to the people under it, (whatever be the frame,) where the laws rule, and the people are a party to those laws, and more than this is tyranny, oligarchy, or confusion. " But lastly, when all is said, there is hardly one frame of government in the world so ill-designed by its first founders, that in good hands would not do well enough; and story tells us, the least in ill ones can do nothing that is great or good; witness the Jewish and Roman states governments, like clocks, go from the motion men give them, and as go vernments are made and moved by men, so by them they are ruined too. Whether governments rather depend upon men than men upon governments ; let men be good, and the go vernment cannot be bad ; if it be ill, they will cure it. But if men be bad, let the government be ever so good, they will endeavour to warp and spoil it to their turn. " I know some say, let us have good laws, and no matter for the men that execute them ; but let them consider, that though good laws do well, good men do better ; for good laws may want good men, and be abolished or evaded by ill men ; . but good men will never want good laws, nor suffer ill ones. It is true, good laws have some awe upon ill ministers, but that is where they have no power to escape or abolish them, and the people are generally wise and good, but a loose and degraded people (which is to the question) love laws and an W. MARKHAM, DEPUTY.— CHARLES II. administration like themselves. That, therefore, which makes a good constitution, must keep it, viz. men of wisdom and virtue, qualities that, because they descend not with worldly inheritances, must be carefully propagated by a virtuous edu cation of youth, for which after-ages will owe more to the care and prudence of founders and the successive magistracy, than to their parents for their private patrimonies. » These considerations of the weight of government, and the nice and various opinions about it, made it uneasy to me to think of publishing the ensuing frame and conditional laws, foreseeing both the censures they will meet with from men of differing humours and engagements, and the occasions they may give of discourse beyond my design. •" But next to the power of necessity, (which is a solicitor that will take no denial,) this induced me to a compliance, that we have (with reverence to God and good conscience to men) to the best of our skill, contrived and composed the frame and laws of this government, to the great end of all government, viz. to support power in reverence with the peo ple, and to secure the people from the abuse of power, that they may be free by their just obedience, and the magistrates honourable for their just administration ; for liberty without obedience is confusion, and obedience without liberty is slavery. To carry this evenness is partly owing to the con stitution, and partly to the magistracy ; where either of these fail, government will be subject to convulsions, but where both are wanting, it must be totally subverted ; then where both meet, the government is like to endure, which I humbly pray and hope God will please to make the lot of this of Penn sylvania. Amen. William Penn. " The Frame, cfc. — To all people to 'whom these presents Preamble, shall come : Whereas, King Charles the Second, by his letters- patent under the great seal of England, for the consideration therein mentioned, hath been graciously pleased to give and grant unto me, William Penn, (by the name of William Penn, esquire, son and heir of Sir William Penn, deceased,) and to my heirs and assigns for ever, all that tract of land or pro vince called Pennsylvania, in America, with divers great powers, pre-eminences, royalties, jurisdictions, and authorities, necessary for the well-being and government thereof: Now know ye, that for the well-being and government of the said province, and for the encouragement of all the freemen and n 562 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. planters that may be therein concerned, in pursuance of the 1 — ' — ' powers aforementioned, I, the said William Penn, have de clared, granted, and confirmed, and by these presents, for me, my heirs and assigns) do declare, grant, and confirm, unto all the freemen, planters, and adventurers, of, in, and to the said province, these liberties, franchises, and properties, to be held, enjoyed, and kept by the freemen, planters, and inhabitants of the said province of Pennsylvania, for ever. " I. That the government of this province shall, according Government to the powers of the patent, consist of the governor and how com- freemen of the said province, in form of a provincial council posed. r 7 l and general assembly, by whom all laws shall be made, officers chosen, and public affairs transacted, as is hereafter respec tively declared. That is to say : " II. That the freemen of the said province shall, on the Time of eiec- 20th day of the twelfth month, which shall be in this present number in year one thousand six hundred eighty and two, meet and the provin- assemble in some fit place, of which timely notice shall be cial council. .«.-,. ., , • , ti i beforehand given by the governor or his deputy, and then and there shall choose out of themselves seventy-two persons, of most note for their wisdom, virtue, and ability, who shall meet on the 10th day of the first month, next ensuing, and always be called and act as the provincial council of the said province. " III. That at the first choice of such provincial council, Terms of one-third part of the said provincial council shall be chosen in^ffice™06 to serve for three years then next ensuing, one-third part for two years then next ensuing, and one-third part for one year then next following such election, and no longer ; and that the said third part shall go out accordingly ; and on the 20th day of the twelfth month, as aforesaid, yearly for ever after wards, the freemen of the said province shall in like manner meet and assemble together, and then choose twenty-four persons, being one-third of the said number, to serve in pro vincial council for three years ; it being intended that one- third part of the whole provincial council, always consisting, and to consist of seventy-two persons as aforesaid, falling off yearly, it shall be yearly supplied by such new yearly elec tions as aforesaid, and that no one person shall continue therein longer than three years ; and in case any member shall decease before the last election during his time, that then at the next election ensuing his decease, another shall W. MARKHAM, DEPUTY— CHARLES II. be chosen to supply his place for the remaining time he was to have served, and no longer. « IV. That after the first seven years, every one of the said third parts that goeth yearly off, shall be incapable of Alternation being chosen again for one whole year following, that so all " offloe- may be fitted for government, and have experience of the care and burden of it. " V. That the provincial council, in all cases and matters Quorum. of moment, as their arguing upon bills to be passed into laws, erecting courts of justice, giving judgment upon crimi nals impeached, and choice of officers, in such manner as is hereinafter mentioned, not less than two-thirds of the whole provincial council shall make a quorum, and that the consent and approbation of two-thirds of such quorum shall be had in all such cases and matters of moment. And moreover, that in all cases and matters of lesser moment, twenty-four members of the said provincial council shall make a quorum, the majority of which twenty-four shall and may always de termine in such cases of lesser moment. "VI. That in this provincial council, the governor, or his Governor to deputy, shall or may always preside, and have a treble voice; preBide' and the said provincial council shall always continue, and sit upon its own adjournments and committees. " VII. That the governor and provincial councils shall Councils to prepare and propose to the general assembly hereafter men- i^iorag. tioned, all bills which they shall at any time think fit to be sembiy. passed into laws within the said province ; which bills shall be published and affixed to the most noted places in the in habited parts thereof, thirty days before the meeting of the general assembly, in order to the passing them into laws, or rejecting of them, as the general assembly shall see meet. "VIII. That the. governor and provincial council shall taws to be take care that all laws, statutes, alid ordinances, which shall exeou at any time be made within the said province, be duly and diligently executed. " IX. That the governor and provincial council shall at all Guardians times have the care of the peace and safety of the province, ^e^^t and that nothing be by any person attempted to the subver sion of this frame of government. " X. That the governor and provincial council shall at all situation of times settle and order the situation of all cities, ports, and ^™^ &c' market-towns, in every county, modelling therein all public pointed. WILLIAM PENN, PROPRIETARY AND GOVERNOR. buildings, streets, market-places, and shall appoint all neces sary roads and highways in the province. "XL That the governor and provincial council shall at all inspectionof times have power to inspect the management of the public thetrea- treasury, and punish those who shall convert any part thereof to any other use than that which hath been agreed upon by the governor, provincial council, and general as sembly. " XII. That the governor and provincial council shall erect Pnbiic and order all public schools, and encourage and reward the schools. authors of useful sciences and laudable inventions, in the said province. "XIII. That for the better management of the powers council di- and trust aforesaid, the provincial council shall from time to fourdmt-° time divide itself into four distinct and proper committees, mittees. for the more easy administration of the affairs of the pro vince, which divides the seventy-two into four eighteens, every one of which eighteens shall consist of six out of each of the three orders or yearly elections, each of which shall have a distinct portion of business, as followeth : First, a com mittee of plantations, to situate and settle cities, ports, and market-towns, and highways, and to hear and decide all suits and controversies relating to plantations. Secondly, a com mittee of justice and safety, to secure the peace of the pro vince, and punish the maladministration of those who subvert justice, to the prejudice of the public or private interest. Thirdly, a committee of trade ahd treasury, who shall regu late all trade and commerce according to law, encourage manufacture and country growth, and defray the public charge of the province ; and fourthly, a committee of man ners, education, and arts, that all wicked and scandalous living may be prevented, and that youth may be successively trained up in virtue and useful knowledge and arts: the quorum of each of which committees being six, that is, two out of each of the three orders or yearly elections, as afore said, make a constant and standing council of twenty-four, which will have the power of the provincial council, being the quorum of it, in all cases not excepted in the fifth article; and in the said committees and standing council of the pro vince, the governor or his deputy shall or may preside as aforesaid, and in the absence of the governor or his deputy, if no one is by either of them appointed, the said committees W. MARKHAM, DEPUTY.— CHARLES II. 565 or councils shall appoint a president for that time, and not 1682. otherwise ; and what shall be resolved at such committees " ¦ ' shall be reported to the said council of the province, and shall be by them resolved and confirmed, before the same shall be put in execution ; and that these respective commit tees shall not sit at one and the same time, except in cases of necessity. " XIV. And to the end that all laws prepared by the go- Assembly vernor and provincial council aforesaid, may yet have the ^™!1and more full concurrence of the freemen of the province, it is chosen. declared, granted, and confirmed, that at the time and place or places for the choice of a provincial council as aforesaid, the said freemen shall yearly choose members to serve in a general assembly as their representatives, not exceeding two Number of hundred persons, who shall yearly meet, from the 20th day membera- of the second month, which shall be in the year one thousand six hundred eighty and three following, in the capital town or city of the said province, where during eight days the several members may freely confer with one another, and if any of them see meet, with a committee of the provincial council, (consisting of three out of each of the committees aforesaid, being twelve in all,) which shall be at the time purposely ap pointed to receive from any of them proposals for the altera tions Or amendments of any of the said proposed and promul gated bills ; and on the ninth day from their so meeting, the said general assembly, after reading over the proposed bills by the clerk of the provincial council, and the occasion and motives for them being opened by the governor or his deputy, shall give their affirmative or negative, which to them seemeth sanction of best, in such manner as hereinafter is expressed. But not laws' less than two-thirds shall make a quorum in the passing of laws, and choice of such officers as are by them to be chosen. " XV. That the laws so prepared and proposed as aforesaid, Laws to be that are assented to by the general assembly, shall be en- emoUed- rolled as laws of the province, with this style, ' By the go- utie. vernor, with the assent and approbation of the freemen in provincial council and general assembly.' " XVI. That for the better establishment of the govern- Number ot ment and laws of this province, and to the end there may be ^"Jjf^ an universal satisfaction in the laying of the fundamentals creased. thereof, the general assembly shall or may, for the first year, consist of all the freemen of and in the said province, and 3B established. other officers, now chosen, WILLIAM PENN, PROPRIETARY AND GOVERNOR. ever after it shall be yearly chosen as aforesaid ; which num ber of two hundred shall be enlarged as the country shall increase in people, so as it do not exceed five hundred at any time, the appointment and proportioning of which, as also the laying and methodizing of the choice of the provincial council and general assembly, in future time, most equally to the divisions of the hundreds and counties, which the country shall hereafter be divided into, shall be in the power of the provincial council to propose, and the general assembly to resolve. " XVII. That the governor and the provincial council shall courts how erect, from time to time, standing courts of justice, in such places and number as they shall judge convenient for the good government of the said province, and that the provincial councils shall, on the 13th day of the first month, yearly, elect and present to the governor or his deputy, a double judges and number of persons, to serve for judges, treasurers, masters of rolls, within the said province, for the year next ensuing; and the freemen of the said province, in the county courts, when they shall be erected, and till then in the general assem bly, shall, on the three and twentieth day of the second month, yearly, elect and present to the governor or his de puty, a double number of persons to serve for sheriffs, jus tices of the peace, and coroners, for the year next ensuing, out of which respective elections and presentments, the go vernor or his deputy shall nominate the proper number for each office, the third day after the said presentments, or else the first named in such presentment for each office shall, stand and serve for that office the year ensuing. " XVIII. But forasmuch as the present condition of the Penn com- province requires some immediate settlement, and admits not of so quick a revolution of officers, and to the end the said province may, with all convenient speed, be well ordered and settled, I, William Penn, do therefore think fit to nominate and appoint such persons for judges, treasurers, masters of the rolls, sheriffs, justices of the peace, and coroners, as are most fitly qualified for those employments, to whom I shall make and grant commissions for the said officers, respectively, to hold to them to whom the same shall be granted, for so long time as every such person shall well behave himself in the office or place to him respectively granted, and no longer. And upon the decease or displacing of any of the said missions the first officers. W. MARKHAM, DEPUTY.— CHARLES II. officers, the succeeding officer or officers shall be chosen as aforesaid. " XIX. That the general assembly shall continue so long as may be needful to impeach criminals fit to be there im- Duties ot peached, to pass bills into laws that they shall think fit to pass assemb'y- into laws, and till such time as the governor and provincial council shall declare that they have nothing further to pro pose unto them for their assent and approbation, and that declaration shall be a dismissal to the general assembly for that time ; which general assembly shall be, notwithstanding, capable of assembling together upon the summons of the provincial council, at any time during that year, if the said provincial council shall see occasion for their so assembling. " XX. That all the elections of members or representatives Election to of the people, to serve in provincial council and general ta by ballot' assembly, and all questions to be determined by both or either of them, that relate to passing of bills into laws, to the choice of officers, to impeachments made by the general assembly, and judgment of criminals upon such impeachments by the provincial council, and to all other cases by them re spectively judged of importance, shall be resolved and deter mined by the ballot ; and unless on sudden and indispensable occasions, no business, in provincial council, or its respective committees, shall be finally determined the same day that it is moved. " XXI. That at all times when, and so often as it shall infancy of happen that the governor shall or may be an infant under the g°vaerd°°ns to age of one and twenty years, and no guardians or commis- be appointed. sioners are appointed in writing by the father of the said infant, or that such guardians or commissioners shall be de ceased, that during such minority, the provincial council shall from time to time, as they shall see meet, constitute and ap point guardians or commissioners, not exceeding three, one of which three shall preside as deputy and chief guardian, during such minority, and shall have and execute, with the consent of the other two, all the power of a governor, in all the pub lic affairs and concerns of the said province. " XXII. That as often as any day of the month mentioned Provision for in any article of this charter, shall fall upon the first day of Dh^'ord's the week, commonly called the Lord's Day, the business ap pointed for that day shall be deferred till the next day, unless in case of emergency. 568 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. "XXIII. That no act, law, or ordinance whatsoever, shall ' — ' — ' at any time hereafter be made or done by the governor of this province, his heirs or assigns, or by the freemen in the Alterations provincial council or the general assembly, to alter, change, of charter diminish the form or effect of this charter, or any part or guarded. . , L clause thereof, or contrary to the true intent and meaning thereof, without the consent of the governor, his heirs or assigns, and six parts of seven of the said freemen, in pro vincial council and general assembly. "XXIV. And lastly, that I, the said William Penn, formy- Penn's self, my heirs and assigns, have solemnly declared, granted, grarS,4cthe an& confirmed, and do hereby solemnly declare, grant, and here made, confirm, that neither I, my heirs nor assigns, shall procure or do any thing or things whereby the liberties in this charter contained and expressed shall be infringed or broken ; and if any thing be procured by any person or persons, contrary to these premises, it shall be held of no force or effect. " In witness whereof, I, the said William Penn, have unto this present charter of liberties set my hand and broad seal, this five and twentieth day of the second month, vulgarly called April, in the year of our Lord one thousand six hun dred and eighty-two. William Penn."1 For the purpose of payment of small sums, the assembly May. of New Jersey pass an act authorizing the circulation of Mark New- Mark Newby's halfpence, called Patrick's halfpence, at their penceauthc- Par value> ^e beiag required to give security to the speaker nzed. of the house, that he will " change the said halfpence for pay equivalent, upon demand, and provided, that no person or persons be obliged to take more than five shillings in one payment." These were Irish halfpence, a parcel of which Newby had brought in with him. This is the first mention of coin that we have noticed legally authorized. It is pro bable some of them may have found their way into Penn sylvania.2 The frame of government was shortly followed by certain May 15. laws passed in England, which were intended to be altered or Laws agreed amended by an assembly in Pennsylvania, and which was land! °g afterwards done. For the purpose of comparison, they are inserted at length. " Laws agreed upon in England, $c. — I. That the charter • Reg. Penns. vol. i. pp. 337 — 340. 2 Learning & Spioer, p. 444. Smith's N. J. p. 153. liberties con firmed. W. MARKHAM, DEPUTY.— CHARLES II. 5Q9 of liberties declared, granted, and confirmed the five and 1682. twentieth day of the second month, called April, 1682, before *— ¦*— ' divers witnesses, by William Penn, governor and chief pro prietor of Pennsylvania, to all the freemen and planters of charter of the said province, is hereby declared and approved, and shall be for ever held as fundamental in the government thereof, according to the limitations mentioned in the said charter. " II. That every inhabitant in the said province that is or QuaiMca- shall be a purchaser of one hundred acres of land, or up- £™m^a wards, his heirs and assigns, and every person who shall have paid his passage, and taken up one hundred acres of land at one penny an acre, and have cultivated ten acres thereof; and every person that hath been a servant or bondman, and is free by his service, that shall have taken up his fifty acres of land, and cultivated twenty thereof; and every inhabitant, artificer, or other resident in the said province, that pays scot and lot to the government, shall Joe deemed and accounted a freeman of the said province ; and every such person shall and may be capable of electing or being elected representa tives of the people in provincial council or general assembly in the said province. " III. That all elections of members or representatives of Election. the people and freemen of the province of Pennsylvania, to p^^°w serve in provincial council or general assembly, to be held within the said province, shall be free and voluntary, and that the elector that shall receive any reward or gift, in meat, s drink, moneys, or otherwise, shall forfeit his right to eleet ; and such person as shall directly or indirectly give, promise, or bestow such reward as aforesaid, to be elected, shall forfeit his election, and be thereby incapable to serve as aforesaid : and the provincial council and general assembly shall be the sole judges of the regularity or irregularity of the elections of their own respective members. " IV. That no money or goods shall be raised upon, or paid Taxes, *c. ' *, , P . , » vt . onlyun- by any of the people of this province, by way ot public tax, p0sedby custom, or contribution, but by a law for that purpose made 5 law- and whosoever shall levy, collect, or pay any money or goods contrary thereto, shall be held a public enemy to the province, and a betrayer of the liberties of the people thereof. i' V. That all courts shall be open, and justice shall neither au courts ' *¦ open. be sold, denied, or delayed. H VL That in all courts, all persons of all persuasions may 72 3b 2 570 1682. Persons may plead in their own Cause must be just. Regulations. Proceedingsto be shorty and in Eng lish. Juries ; mode of se lecting. Fees mode rate, and to be hung up. Prisons to be work-houses. Bailableoffences. False impri sonment. Prisons free. WILLIAM PENN, PROPRIETARY AND GOVERNOR. freely appear in their own way, and according to their own manner, and there personally plead their own cause them selves, or if unable, by their friend; and the first process shall be the exhibition of the complaint in court, fourteen days before the trial, and that the party complained against may be fitted for the same, he or she shall be summoned no less than ten days before, and a copy of the complaint de livered him or her, at his or her dwelling-house. But before the complaint of any person be received, he shall solemnly declare in court, that he believes in his conscience his cause is just. " VII. That all pleadings, processes, and records in court, shall be short, and in English, and in an ordinary and plain character, that they may be understood, and justice speedily administered. " VIII. That all trials shall be by twelve men, and as near as may be, peers or equals, and of the neighbourhood, and men without just exception. In cases of life, there shall be first twenty-four returned by the sheriffs for a grand inquest, of whom twelve at least shall find the complaint to be true, and then the twelve men or peers, to be likewise returned by the sheriff, shall have the final judgment. But reasonable challenges shall be always admitted against the said twelve men, or any of them. " IX. That all fees in all cases shall be moderate, and set tled by the provincial council and general assembly, and be hung up in a table in every respective court, and whosoever shall be convicted of taking more, shall pay twofold, and be dismissed his employment, one moiety of which shall go to the party wronged. " X. That all prisons shall be workhouses for felons, va grants, and loose and idle persons, whereof one shall be in every county. " XI. That all persons shall be bailable by sufficient sure ties, unless for capital offences, where the proof is evident, or the presumption is great. " XII. That all persons wrongfully imprisoned or prose cuted at law, shall have1 double damages against the informer or prosecutor. " XIII. That all prisons shall be free as to fees, food, and lodging. " XIV. That all lands and goods shall be liable to pay W. MARKHAM, DEPUTY.— CHARLES II. 571 debts, except where there is legal issue, and then all the 1682. goods, and one-third of the land only. ' — ¦ — ' " XV. That all wills in writing, attested by two witnesses, shall be of the same force as to lands, as other conveyances, wuis. being legally proved within forty days, either within or without the said province. " XVI. That seven years quiet possession shall give an un- night by questionable right, except in cases of infants, lunatics, married p08Se8Bi011- women, or persons beyond the seas. " XVII. That all briberies and extortions whatsoever shall Bribery. be severely punished. " XVIII. That all fines shall be moderate, and saving Fines mode- men's contenements, merchandise, or wainage. rate- " XIX. That all marriages (not forbidden by the law of Marriages. God, as to nearness of blood and affinity by marriage) shall be encouraged ; but the parents or guardians shall be first consulted, and the marriage shall be published before it be solemnized, and it shall be solemnized by taking one another Ceremony. as husband and wife, before credible witnesses, and a certifi cate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of that county, and shall be registered in his office. "XX. And to prevent frauds and vexatious suits within Deeds, 4c. t» the said province, that all charters, gifts, grants, and convey- an™egis! ances of land, (except leases for a year or under,) and all tered. bills, bonds, and specialties above five pounds, and not under three months, made in the said province, shall be enrolled or registered in the public enrolment office of the said province, within the space of two months next after the making thereof, else to be void in law. And all deeds, grants, and convey ances of land, (except as aforesaid,) within the said province, and made out of the said province, shall be enrolled or regis tered as aforesaid, within six months next after the making thereof, and settling and constituting an insolvent office or register within the said province, else to be void in law against all persons whatsoever. " XXI. That all defacers or corrupters of charters, gifts, Defacers, &e. grants, bonds, bills, wills, contracts, and conveyances, or that ^n^how shall deface or falsify any enrolment, registry, or record, punished. within this province, shall make double satisfaction for the same, half whereof shall go to the party wronged, and they 572 1682. Register of births. <&c. And of ser vants. Lands of felons made Uable. Estates of capital of fenders. Witnesses' attestations. Perjury. One office at a time. Children to be taught trades, &c. Servants. WILLIAM PENN, PROPRIETARY AND GOVERNOR. shall be dismissed of all places of trust, and be publicly dis graced as false men. " XXII. That there shall be a register for births, mar riages, burials, wills, and letters of administration, distinct from the other registry. " XXIII. That there shall be a register for all servants, where their names, time, wages, and days of payment shall be registered. " XXIV. That all lands and goods of felons shall be liable to make satisfaction to the party wronged twice the value ; and for want of lands or goods, the felons shall be bondmen, to work in the common prison or workhouse, or otherwise, till the party injured be satisfied. " XXV. That estates of capital offenders, as traitors and murderers, shall go one-third to the next of kin to the suf ferer, and the remainder to the next of kin to the criminal. » XXVI. That all witnesses coming or called to testify their knowledge in or to any matter or thing in any court, or before any lawful authority within the said province, shall there give or deliver in their evidence or testimony, by solemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter or thing in question. And in case any person so called to evidence shall be con victed of wilful falsehood, such person shall suffer and undergo such damage or penalty as the person or persons against whom he or she bore false witness, did or should undergo ; and shall also make satisfaction to the party wronged, and be publicly ex posed as a false witness, never to be credited in any court, or before any magistrate, in the said province. " XXVII. And to the end that all officers chosen to serve within this province, may, with more care and diligence, an swer the trust reposed in them, it is agreed, that no such person shall enjoy more than one public office at one time. " XXVIII. That all children within this province, of the age of twelve years, shall be taught some useful trade or skill, to the end none may be idle, but the poor may work to live, and the rich, if they become poor, may not want. " XXIX. That servants be not kept longer than their time, and such as are careful be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom. W. MARKHAM, DEPUTY.— CHARLES II. 573 » XXX. That all scandalous and malicious reporters, back- 1682. biters, defamers, and spreaders of false news, whether against ' ¦ ' magistrates or private persons, shall be accordingly severely punished, as enemies to the peace and concord of this province. "XXXI. That for the encouragement of the planters and charter of traders in this province, who are incorporated into a society, ^^J"" the patent granted to them by William Penn, governor of the Baid province, is hereby ratified and confirmed. "XXXII. ******* * "XXXIII. That all factors or correspondents in the said Breach of province, wronging their employers, shall make satisfaction: trust and one-third over, to the said employers ; and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party's estate as belongs to his said respective employers. " XXXIV. That all treasurers, judges, masters of the rolls, officers and sheriffs, iustices of the peace, and other officers and persons electors to 3 J r 7 i believe in whatsoever, relating to courts or trials of causes, or any other Jesus Christ service in the government, and all members elected to serve in provincial council and general assembly, and all that have right to elect such members, shall be such as profess faith in Jesus Christ, and are not convicted of ill-fame, or unsober and dishonest conversation, and that are of twenty-one years of age at least ; and that all such so qualified, shall be capa ble ofthe said several employments and privileges as aforesaid. "XXXV. That all persons living in this province who Religious confess and acknowledge the one Almighty and Eternal God, U1)erty- to be the Creator, Upholder, and Ruler of the world, and that hold themselves obliged in conscience to live peaceably and justly in civil society, shall in noways be molested or prejudiced for their religious persuasion or practice in matters of faith and worship ; nor shall they be compelled at any time to frequent or maintain any religious worship, place or ministry whatever. " XXXVI. That according to the good example of primi- observance tive Christians, and the ease of the creation, every first day °fa^el0Id'9 of the week, called the Lord's Day, people shall abstain from their common daily labour, that they may the better dispose themselves to worship God according to their understandings. "XXXVII. That as a careless and corrupt administration ah offences of justice draws the wrath of God upon magistrates, so the ^ be pu^f wildness and looseness of the people provoke the indignation >*«i- 574 1682. Crimes to be punished. Laws to be published, exhibited,and annual ly read. Alterationsby consent of six- Bevenths of the freemen. Additionsand amend ments. Date. WILLIAM PENN, PROPRIETARY AND GOVERNOR. of God against a country ; therefore, that all offences against God, as swearing, cursing, lying, profane talking, drunken ness, drinking of healths, obscene words, incest, sodomy, rapes, whoredom, fornication, and other uncleanness, (not to be repeated,) all treasons, misprisons, murders, duels, felony, sedition, maims, forcible entries, and other violences to the persons and estates of the inhabitants within this province : all prizes, stage-plays, cards, dice, May-games, gamesters, masks, revels, bull-baitings, cock-fightings, and the like, which excite the people to rudeness, cruelty, looseness, and irreligion, shall be respectively discouraged, and severely punished, ac cording to the appointment of the governor and freemen in provincial council and general assembly, as also all proceed ings contrary to these laws, that are not here made expressly penal. " XXXVIII. That a copy of these laws shall be hung up in the provincial council, and in public courts of justice, and that they shall be read yearly at the opening of every pro vincial council and general assembly, and court of justice ; and their assent shall be testified, by their standing up after the reading thereof. " XXXIX. That there shall be at no time any alteration of any of these laws, without the consent of the governor, his heirs or assigns, and six parts of seven of the freemen, met in provincial council and general assembly. " XL. That all other matters and things not herein pro vided for, which shall and may concern the public justice, peace, or safety of the said province, and the raising and im posing taxes; customs, duties, or other charges whatsoever, shall be, and are hereby referred to the order, prudence, and determination of the governor and freemen in provincial council and general assembly, to be held from time to time in the said province. " Signed and sealed by the governor and freemen aforesaid, the fifth day of the third month, called May, one thousand six hundred and eighty-two."1 Penn wrote to several persons whom he supposed were set tled within his bounds, the following letter, warning them not to pay taxes to Lord Baltimore,2 dated September 16, 1681 : 1 Reg. Penns. vol. i. pp. 357 — 359. Votes of Assembly, vol. i. 2 This letter is from a copy in the Land-Office, which we have met with only now, which will account for its not being inserted in its proper place. W. MARKHAM, DEPUTY.— CHARLES II. 575 "London, 16th of 7th month, 1681. 1682. << My friends — I hope I do not improperly call you so, be- ' ¦ — ' cause in being so you will extremely befriend yourselves, as well as perform an act of duty to the king and justice to me. Letter from " I am equally a stranger to you all, but you being repre- Tm'.f.enn . > _ _ to S6ttl6rS OQ sented men of substance and reputation in that part of the eastern bay which I presume falls within my patent, I chose to take ehore- this opportunity to begin your acquaintance, and by you with the rest pf the people on your side of my country, and do assure you and them that I will be so far from taking any advantage to draw great profits to myself, that you shall find me and my government easy, fair, and just, and as you shall study to be fair and respectful to me and my just interests, I will not be short of giving you all reasona-ble assurances on my part that I will live kindly and well with you, and for this you have my word, under my hand. I think fit to caution you, (if within my bounds, as I am ready to believe, but I desire no more than my own,) that none of you pay any more taxes or sessments, by any order or law of Maryland, for if you do, it will be greatly to your own wrong, as well as my prejudice, though I am not conscious to myself, of such an insufficiency of power here with my superiors, as not to be able to weather the difficulty, if you should ; but the opinion I have of the Lord Baltimore's prudence, as well as justice, and of your regard to your own interests, and future good of your posterity, makes me to waive all objections of that na ture, and to hope we shall all do the thing that is just and honest, (which is always wise,) according to our respective stations. I have no more to add, but my good wishes for all your happiness, and that by the help of Almighty God, next spring I shall have some testimony of my best- endeavours to contribute' towards it, as becomes my duty to God, to the king, and to their people. I am your real friend. " Signed, William Penn. "Pray salute me to all your neighbours." The superscription was, "For James Frisbie, Edward Jones, Augustus Herman, George Oulderfield, Henry Ward, and Henry Johnson, at their plantations in Pennsylvania." It appears, by the following instructions to Philip Ford, that not long after the departure of Thomas Holme, a list of the lands sold in England, Ireland, and Scotland, was prepared, to be sent to him. A copy of this list is in the 576 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. Land Office at Harrisburg, giving the names of the several ' — ' — ' purchasers, and the quantity of land to each ; from this list we have ascertained that the sales amounted to, at this time, junei. about 565,500 acres, in parcels of from 250 to 10,000 acres; List of of the latter quantity are two lots to the Free Society of ianas son in Traders, making up their 20,000 acres. It is entitled, "An beI1sent'to account of the land's in Pennsylvania, granted by William t. Hoime. penn, Esq., &c, to several purchasers in England, Ireland, 1 and Scotland, &c." Penn's order to Ford is as follows: " These are to authorize thee to set my name to the list of purchasers now to be sent away to Thomas Holme, my surveyor-general for that province. Given under my hand; this 22d day of the 3d month, 1682. William Penn." Ford's order to Holme is in these words : " To my loving friend, Thomas Holme, surveyor-general of Pennsylvania, greeting — These are to authorize thee to set out the surveyed bounds to the respective purchasers' use, according to the last lists of purchasers sent by Philip Ford, and by him signed, according to authority given him by me ; and for so doing, this shall be thy sufficient warrant. Given under my hand, this 22d day of 3d month, 1682. " Signed, William Penn, [l. s.] "per Philip Ford."* The first meeting of the Free Society of Traders was held June 8. in London, May 29, for choosing officers ; the following were First meet- elected — Nicholas Moore, of London, medical doctor, presi- tonofom-* dent 5 J°hn Simcock, of Pennsylvania, yeoman, deputy pre- cersofFree sident ; James Claypoole, of London, merchant, treasurer; Trader's!* a^ to continue for seven years : John Boy, of Wilts, surveyor, and the following committee of twelve, to reside in Pennsyl vania, Thomas Brassey, Robert Turner, Thomas Holme, John Bezer, Francis Plumstead, Griffith Jones, Anthony Elton, James Harrison, John Blunston, Isaac Martin, Walter King, William Haige : Joseph Martin, of London, merchant, chief agent; Philip Ford, of London, merchant, deputy agent; William Sherlow, merchant, John Sweetapple, goldsmith, Thomas Barker, wine-cooper, Edward Pelrod, oilman, all of London, assistants. Agreed to request, through the governor, the first provin cial council and assembly to be held in Pennsylvania ; " that the -twenty-four assistants of the committees shall be chosen out of such subscribers that are most apt for managing the * See Appendix. W. MARKHAM, DEPUTY.— CHARLES II. 577 affairs there, and that by the assent and approbation of the 1682. governor, the provincial council, and general assembly afore- ' """" said, but that this shall not be a precedent hereafter." Every subscriber to pay 5 per cent, at subscribing. Another meeting of the Society of Free Traders was held, June 12. at which, having agreed to fine " disorderly talkers," and for Meeting of interrupting a speaker, or " speaking out of course," Id. for ^3^ first offence, 3d. for the second, and 6d. for the third, and buiida adding Francis Burroughs, Edward West, John Crow, and anTsenda' Francis Plumsted to the committee of advice, resolved to build letter tothe " a glass-house, with all convenient speed, on the society's lands," and to send a deputy with a letter from the president, and some present, " to the Emperor of Canada and tributary king, to be prepared according to the wisdom of the com mittee, in order to the engaging a trade." About this time, William Penn met with a very severe June. affliction, in the loss of his mother, "for whom he had the Deathof deepest filial affection." « It is said that he was so affected f^11'81510" by her death, that he was ill for some days."1 Thomas Holme, the surveyor-general, probably arrived about this time, and appears to have entered, very soon after it, upon his labours. At the next court at Upland, Markham does not appear to june 23. have been present. Jacob Fabricius is a plaintiff. There is a change of curious case of crim. con. The following record appears: "ameof " The grant formerly made from Governor Markham to the Hook. inhabitants of Markus Hook, at their request, for the calling the name of the said town Chicester, which said grant bears date 20th April, 1682, and was read and published in the court held at Upland, June 13th, 1682, according to order, as a record thereof."2 The society having appointed a messenger for Pennsylvania, jUne 29. wrote by him to the " Emperor of Canada," as directed, the following letter, in explanation of the views, and objects of the society in its formation :3 <« To the Emperor of Canada, [l. s.] "London, the 19th day of the.4th month, called June, 1682. " Friend : I have sent you this letter and messenger, to let 1 Clarkson, vol. i. p. 233. 2 Records at West Chester. 3 Reg. Penns. vol. i. p. 397. The original manuscript of this letter, on parchment, is in the Land-Office, at Harrisburg, so much defaced by rats as to render many words illegible ; these are supplied in the foregoing, and italicized. Another warning against the destruction of public documents ! 73 3 0 WILLIAM PENN, PROPRIETARY AND GOVERNOR. you know that I am elected president of the Free Society of Traders of Pennsylvania, and as I am such, have the power and free consent of all these good men to treat with you, Letter of the your kings, and your people, in all things pertaining to trade, the Eni^or an(* a's0 to S*ve you assuranee tbat all our intentions and ot Canada, purposes towards you are good and just ; and unto this mes senger we have given full power to agree with you in all- things relating to our affairs; he is a good and just man; what you do with him we will ratify and conform without de lays or exception, and you shall find that we are a people that love peace and justice, and are not afraid of war. Our God is a God of peace, a God of love, grace, mercy, and justice, and we are his followers, having the same principle, and will always endeavour to be found in the like practice. He is always doing good unto all His creatures, whom you and we are ; we also being persuaded of this duty, have now resolved to seek to do you good in all we are able ; therefore, it will not be our faults if you are not happy in our neighbourhood, for we will be kind and loving to you at all times, and will be your friends, which thing we also expect from you, and can not but suppose that you shall readily consider and accept of our kindness, and rejoice at it. And we are willing also to receive you into a perpetual friendship and protection amongst us. " In witness whereof, I do propose unto you, that we are willing to receive you, your kings and peopfe in our society of trade, and if you will bring in your goods in our society for a free trade, you shall greatly enrich yourselves by it, for we will improve it for you, as well as for us, and in so doing, you shall have what you and yours shall want of all good things, without being beholden to any other people whatsoever, for we and you being united, we shall take off your goods, and we shall help you with ours, to your content, so that the advantage shall be equal; therefore it is your interest to command your kings and people to trade with us, thus united, alone, it being your proper advantage, and you yourself may, from time to time, come and see our trade and improvement, and take your profits which shall arise therefrom, proportion- ably to what you shall join with us : this we propose as a proper means to unite all our interests for ever. We shall be glad to see you the next spring, to conclude some good treaty together in peace ; and to show you that we are good W. MARKHAM, DEPUTY.— CHARLES II. 579 men, we have sent you this present ; when we meet you, you 1682. sAall know this to be altogether true. In the mean time pre- ' — ¦ — ' pare for trade, as we do. I rest your true friend, N. More.1 "Directed for the Emperor of Canada." William Penn also furnished the society with the following July 1. introductory letter to the » emperor," soliciting his friendly offices : « The great God that made thee and me, and all the world, Letter from incline our hearts to love peace and justice, that we may live Wm- Penn ... , , , , J to Emperor friendly together, as becomes the workmanship of the great of Canada, God, The King of England, who is a great prince, hath, for Society8 divers reasons, granted to me a large country in America, which, however, I am willing to enjoy upon friendly terms with thee ; and this I will say, that the people who comes with me are a just, plain, and honest people, that neither make war upon others, nor fear war from others, because they will be just. I have set up a society of traders in my province, to traffic with thee and thy people, for your commodities, that you may be furnished with that which is good, at reasonable rates ; and that society hath ordered their president to treat with thee about a future trade, and have joined with me to send this messenger to' thee with certain presents from us, to testify our willingness to have a fair correspondence with thee, and what this agent shall do in our names, we will agree unto. I hope thou will kindly receive him, and comply with his desires on our behalf, both with respect to land and trade. The great God be with thee. Amen. William Penn. " Philip Theodore Lehnman, secretary. "London, the 21st day of the 4th month, called June, 1682. "2 J. Claypoole, from whose letters we have already quoted, July 24. after all his doubts and uncertainties, finally has made up his J. claypoole mind to remove to Pennsylvania. He thus writes upon the p^yiTa. subject to his brother : ma' , "I have taken up resolutions to go next spring, with my Location of Whole family, for Pennsylvania, so have not sent my orders l*^1^ for a house or planting, but intend to do it when I come. / termined. have 100 acres where our capital city is to be, upon the river near Schuylkill and Peter Cock; there I intend to plant and build my first house."3 1 So spelled here: in most other cases, Moore. 2 From a copy taken from the original manuscript in the Land-Office at Harrisburg. certified by S. Workman, among the MSS. of Penns. Hist. Soe. Reg. Penns. vol. ix. p. 112. 3 Claypoole. 580 William penn, proprietary and governor. 1682. This extract seems to confirm the fact that the present lo- ' — ' — ' cation of Philadelphia had been decided upon by the com missioners ; that Penn had been informed of the fact in England, and that he had communicated it to purchasers there. In the following extract we have some further information Further par- respecting the society, and of their plans and powers under ticuiars re- t^ charter. The writer again alludes to the capital city : spectmgthe ° If y7 sodoty. " We have erected a society for trade in Pennsylvania, according to enclosed book. We have already subscribed £10,000 stock, of which we receive at present but one-half part, which is about £5000, and after the arrival of the first ship belonging to the company in Pennsylvania, which may probably be in the eighth month next, the subscriptions will continue for six months following ; so if there be any friend or acquaintance of thine that is inclined to join with us, I desire thee to encourage it, for the greater the stock the more easily will it bear the charge, for we could very well employ £20,000 stock. One Doctor Moore, a very worthy, ingenious person, is chosen president, John Symcock, of Pennsylvania, deputy president. I am chosen treasurer. They allow the president £150, deputy and treasurer each £100 per annum, agreed for seven years to come. We are to send out 100 ser vants to build houses, to plant and improve land, and for cat tle, and to set up a glass-house, for bottles, drinking glass, and window glass, to supply the islands and continent of America ; and we hope to have wine and oil for merchandise, and some corn ; however, hemp for cordage, and for iron and lead, and other minerals, we have no doubt of; so that through the blessing of God, we may hope for a great increase, and it may come to be a famous company. We have sent a mes senger to the emperor and kings, to settle a constant friend ship and trade between us, and have sent them divers presents in the name of the society, and do reserve about £2000 for the beaver and fur trade and skins. We have bought 20,000 acres of land, and shall have 400 acres of it in the capital city, where our house must be built, with divers warehouses and offices. As for the governor, William Penn, he has been and will be very kind to us, besides his subscription, which is considerable. He has given us the quit-rent of all our land, and most ample patent or charter, to be confirmed by the first general assembly in Pennsylvania, with as many privi- W. MARKHAM, DEPUTY.— CHARLES II. ggj leges as we could desire, whereby we are a corporation, a 1682. lordship, and manor, having a magistracy and government ' — > — ' within ourselves, the three principal officers aforesaid being justices of the peace."1 In a letter, a short time afterwards, he says, " I may send a map of thee a map of Pennsylvania, and William Penn's book about ^?ima3,lva- it, and the laws agreed on, and what other papers may be necessary for thy perusal." By whom was this map pre pared ? Was it by Holme, before he left England, and from materials furnished by the commissioners ? If so, it was pro bably only an outline, and filled up afterwards, as we now see it. The first purchase of lands made by or for Penn, from the July 25. Indians, that we have seen any account of, was the following, made by William Markman, of lands near Neshaminy. The Dutch, Swedes, and English, before Penn's time, as we have seen, had made similar purchases. This is a copy taken from the original deed on parchment, remaining in the Secretary of State's office at Harrisburg : » This indenture, made the 15th day of July, in the year Deed be- of our Lord, according to English account, 1682, between j^m" Idquahon, Jeanottowe, Idquoquequon, Sahoppe, for himself the Indians, and Ocomickon, Merkekowan, Oreckton, for Nannacussey, about Fails Shaurwaughon, Swanpisse, Nahoosey, Tomackhickon, Wes- ofDeia- kekitt, and Tohawsis, Indian sachamakers, of the one part, and William Penn, chief proprietor, &c, on the other, wit nessed, that for and in consideration of the sums and quan tities of goods, merchandises, and utensils hereinafter men tioned and expressed, (that is to say,) 350 fathoms of wampum, 20 white blankets, 20 fathoms of strawd waters, 60 fathoms of duffields, 20 kettles, (4 whereof large,) 20 guns, 20 coats, 40 shirts, 40 pair stockings, 40 hoes, 40 axes, 2 barrels pow der, 200 bars lead, 200 knives, 200 small glasses, 12 pair shoes, 4fr copper boxes, 40 tobacco tongs, 2 small barrels of pipes, 40 pair scissors, 40 combs, 24 pounds red lead, 100 awls, 2 handsful fish-hooks, 2 handsful needles, 40 pounds shot, 10 bundles beads, 10 small saws, 12 drawing-knives, 4 ankers tobacco, 2 ankers rum, 2 ankers cider, 2 ankers beer, and 300 guilders, by the said William Penn, his agents or assigns, to the said Indian sachamakers, for the use of them and their people,, at and. before sealing and delivery hereof, in hand 1 Claypoole. 3c2 582 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. paid and delivered, whereof and wherewith they the said w" — ' sachamakers do hereby acknowledge themselves fully satisfied, contented and paid, the said Indian sachamakers, parties to July 25. these presents, as well for and on behalf of themselves, as for Indian deed and on behalf of their respective Indians or people for whom *" Hn^111 *^ey are concerne^j have granted, bargained, sold, and deli vered, and by these presents do fully, freely, and absolutely grant, bargain, sell, and deliver unto the said William Penn, his agents and assigns for ever, all that or those tract or tracts of land lying and being in the province of Pennsylvania aforesaid, beginning at a certain white oak in the land now in the tenure of John Wood, and by him called the Gray- stones, over against the Falls of Delaware River, and so from thence up by the river side, to a corner-marked spruce-tree, with the letter P, at the foot of a mountain, and from the said corner-marked spruce-tree, along by the ledge or foot of the mountains west-north-west, to a corner white oak, marked with letter P, standing by the Indian path that leads to an Indian town called Playwicky, and near the head of a creek called Towsissinck, and from thence west to the creek called Neshammony's Creek, and along by said Neshammony's Creek unto the River Delaware, alias Makerisk-kitton, and so bounded by the said main river to the said first-mentioned white oak in John Wood's land, and all those islands called or known by the several names of Mattinicunk Island, Se- passnick's Island, and Oreckton's Island, lying or being in the said River Delaware, together also, with all and singular the isles, islands, rivers, rivulets, creeks, waters, ponds, lakes, plains, hills, mountains, meadows, marshes, swamps, trees, woods, mines, minerals, and appurtenances whatsoever to the said tract or tracts of land belonging, or in anywise apper taining, and the reversion and reversions, remainder and re mainders thereof, and all the estate, right, title, interest, use, property, claim, and demand whatsoever, as well of them the Indian sachamakers, (parties to these presents,) as of all and every other the Indians concerned therein, or in any part or parcel thereof; to have and to hold the said tract and tracts of land, islands, and all and every other the said granted premises, with their and every of their appurtenances, unto the said William Penn, his heirs and assigns for ever, to the only use and behoof of the said William Penn, his heirs and assigns, for evermore. And the said Indian sachamakers, W. MARKHAM, DEPUTY.— CHARLES II. 583 their heirs and successors, and every of them, the said tract or 1682. tracts of land, islands, and all and every other the said ' — r~' granted premises, with their and every of their appurtenances, unto said William Penn, his heirs and assigns for ever, against July 25. them the said Indian sachamakers, their heirs and successors, Indian deed and against all and every Indian and Indians, and their heirs contmue,i' and successors, claiming or to claim any right, title, or estate into or out of the said granted premises, or any part or par cel thereof, shall and will warrant and for ever defend, by these presents. In witness whereof, the said parties to these presents interchangeably have set their hands and seals, the day and year first above written, 1682. " Signed, William Markham, " Deputy Governor to William Penn, Esq. "Sealed and delivered in presence of Kowyockhicken, Alloiwham, &c, Lasse Cock, Richard Noble, Thomas Revell. "Recorded p. 50, &c. — N. B. Boileau, secretary." There is a duplicate1 of the foregoing, with a memorandum dated August 1, 1682, rectifying certain mistakes, or explain ing some items, viz. " the number of 10 guns more than we mentioned, which we should have received, we now acknow ledge the receipt of from William Penn." The 350 fathoms of wampum, quality not expressed, means, " to be one-half white wampum and one-half black." " Pecerappamand, Py- terhay, and Elkpamachitte, Indian sachamakers, who were the right owners of the land called Soepassincks, and of the island of the same name, and who did not formerly sign and seal the within deed, nor were present when the same was done," now confirm the proceedings.2 It is probable that William Penn availed himself of the Augusts. advice of persons whom he deemed capable of furnishing it, calculated to be useful to him in the settlement or manage ment of his colony. Among these was perhaps the celebrated Sir William Petty, who wrote at least two letters to him on the subject. The second letter exists at Harrisburg, in the Land-Office, apparently original, directed to William Penn, then in London, though without the name of the writer, but endorsed as from him, of which it shows internal evidence. His views are curious and prospective, and it is highly pro- 1 this spells the name ofthe river, Makerisk-Hickon. »' Recorded in .Secretary's Office at Harrisburg, in book of « Records of Charters and Indian Deeds," pp. 50 — 52. August 24. Letter of Sir William Petty to Win. Penn, viewingPennsylvania politico- economical-iy- WILLIAM PENN, PROPRIETARY AND GOVERNOR. baDle may have suggested hints of which Penn availed him self afterwards. "London, 14th August, 1682. " Old friend— My opinion is, that not only Pennsylvania, but all the habitable land upon the face of the earth will (within the next fifteen hundred years) be as fully peopled as England is now ; that is to say, that there will be a head for every four acres of land, whereas in Ireland there are about ten acres to every head, the medium whereof is seven. Wherefore, when God sendeth you to Pennsylvania, I advise you to take a perfect account of every soul within your ter ritory and jurisdiction, and then to set out a piece of land containing seven times that number in acreSj which land ought to be chosen for its situation, healthfulness, and fer tility, and to be defensible by nature, as much "as may be. It is not likely that, in seven years that your people will in crease so fast as to bring your said seven acres to four acres per head. Wherefore making no alteration in seven years, I would then again number the inhabitants, and add to the first parcel such another parcel as might contain seven. times as many acres as was the number of increase of people, and would consider whether it were best to make this additional parcel contiguous to the first, or a new colony distant from it. " It may be here objected, how this method would agree with the disposures which you have already made of great scopes of land within your territory, for such scopes may be so set out, as by this method to have no people at all, to the total loss of those who purchased from you. " To which I answer, 1. That I would have the whole ter ritory of Pennsylvania valued, suppose at £20,000, more or less, and suppose you have received £8000 for shares out of the same, I should then think it reasonable that yourself should have but three-fifths of the profit of any new planta tion or colony, and that your purchasers should have the other two-fifths, to be proportionably divided amongst them by lot or agreement. My next consideration is, how to make a pro portion between the value of your lands and hands, which I will suppose, by the example of England, to be as one to three, that is to say, that the rent of the land peopled as above mentioned, is to be one-quarter part of all that is pro duced or gained by the said inhabitants, which, when you can value by silver, then you may pronounce not only what your W. MARKHAM, DEPUTY.— CHARLES II. 535 land is locally worth in commodities, but universally in 1682. silver. ¦ — . — ¦ « It is to be feared, that if lands fit and prepared for til lage be worth in England but one-quarter of the produce, August that in Pennsylvania the best uncultivated lands cannot be wm. Potty's worth so much, by the labour which must be bestowed in lettercou- making them as fit for use as the lands in England already are. « I also think it not amiss (supposing your territory to be 200 miles square) to conceive it divided into 400 parts or squares, of ten miles in the side, and thereupon supposing the whole to be worth £20,000, and each of the said squares £50 at a medium, I say I would have each of the said squares valued at more or less than the said £50, as the hopes of their being planted appears to be, but so as that the whole ' may amount to the just sum of £20,000, and according to this method, with a lot cast upon it, every one of the pur chasers may have his whole scope set out together where his lot faileth, and his lot may fall upon land which may be forth with planted, or which may not be planted till five hundred years hence, or perhaps not till the last century of fifteen hundred years above mentioned. " I conclude with repeating what I mentioned in my former letter, that by degrees a perfect survey may be made of your whole territory, with divisions of the same, according to the bounds of nature, with a description of the animals, vege tables, and minerals appearing upon them ; for such a survey [would give] great light to your plantation and foreign com merce. I am your faithful friend." [No signature, but endorsed " Sir William Petty's letter, and directions about Pennsylvania."] Thomas Holme, surveyor-general, not long after his arrival, August. convened the Indians, and read to them the following letter Letter of from William Penn, with which he had been charged. A Z-'al''™ fac-simile of this letter is hung up in the hall of the Histori- Indians. cal Society. It is to be regretted that Holme does not men tion the place where he read it to the Indians ; some suppose it was at Shackamaxon. " The great God, who is the power and wisdom that made you and me, incline your hearts to righteousness, love, and peace. This I send to assure you of my love, and to desire your love to my friends, and when the great God brings me 74 WILLIAM PENN, PROPRIETARY AND GOVERNOR. among you, I intend to order all things in such a manner that we may all live in love and peace one with another, which I hope the great God will incline both me and you to Another let- do. I seek nothing but the honour of His name, and that ter from ^ are jjjg WOrkmanship, may do that which is well- Wm.Pennto » , . " . ,. . . the Indians, pleasing to Him. The man which delivers this unto you is theuury t. my special friend, sober, wise, and loving ; you may believe Hoime. him. I have already taken care that none of my people wrong you, by good laws I have provided for that purpose ; nor will I ever allow any of my people to sell rum, to make your people drunk. If any thing should be out of order, expect, when I come, it shall be mended, and I will bring you some things of our country that are useful and pleasing to you. So I rest in the love of our God that made us. " I am your loving friend, William Penn. " England, 21st of second month, 1682. " I read this to the Indians, by an interpreter, the sixth month, 1682.— Thomas Holme." The Duke of York executed a deed for Pennsylvania to August 31. William Penn, by ' way of security against any pretensions which might at any time be set up by the duke to this province. " The Duke of York's Deed for Pennsylvania. — This ihe nuke of indenture, made the one and twentieth day of August, in the towm-p^nn four an(l thirtieth year of the reign of our sovereign lord for Pennsyl- Charles the Second, by the grace of God, of, England, Scot land, France, and Ireland, king, defender of the faith, &c. Annoque Domini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c, of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part : Whereas his royal highness, being willing and desirous that the tract or part of land called Pennsylvania, hereinafter mentioned, should be granted and assured unto the said Wil liam Penn, and his heirs, and for that purpose having signified and declared his assent thereunto, to the right honourable the lords of the committee of plantations, his said majesty, by his letters-patent under the great seal of England, bearing date the 4th day of March, in the three and thirtieth year of his reign, for the considerations therein mentioned, did grant unto the said William Penn, and his heirs, all that tract or part of land in America, with the islands therein contained, vama. W. MARKHAM, DEPUTY.— CHARLES II. 587 and thereunto belonging, as the same is bounded and described 1682. in and by the said letters-patent, and therein called Pennsyl- ' — • — ' vania, together with the several royalties, franchises, jurisdic tions, and privileges therein contained. And whereas, in consi- Duke's deed deration of five shillings, and for the considerations hereinafter for .Pennsy1- mentioned, his said royal highness is willing and pleased to confirm and make any farther assurance of the said tract of land and premises, unto the said William Penn, and his heirs. » Now, therefore, this indenture witnesseth, that his said royal highness, out of a special regard to the memory and many faithful and eminent services heretofore performed by the said Sir William Penn, to his said majesty and royal highness, and for the better encouraging him, the said Wil liam Penn, to proceed in cultivating and improving the said tract of ground, and islands therein and thereunto belonging, and reducing the savage and barbarous natives thereof to civility, and for the goodwill which his said royal highness hath and beareth to the said William Penn, and for other good causes and considerations, hath remised, released, and for ever quit claim, and by these presents doth for him and his heirs, remise, release, and for ever quit claim, unto the said William Penn, (in his peaceable possession now being,) his heirs and assigns, all the estate, right, title, interest, rents, Bervices, duties, payments, property, claim, and demand What soever, of his said royal highness, of, into, or out of the said tract of land, and all and singular other the lands, islands, tenements, hereditaments, and other things comprised in the said recited letters-patent, and within the bounds and limits therein mentioned, to have and to hold the said tract of land, rents, services, hereditaments, and premises, unto the said William Penn, his heirs, to the only use and benefit of the said William Penn, his heirs and assigns for ever. In witness whereof, his royal highness hath to these presents set his hand and seal, the day and year first above written. "James, [l. s.] "Sealed and delivered in the presence of J." Werden and George Mann."1 Having made arrangements with the Duke of York, for Septembers the "territories," William Penn obtains from him a regular transfer of them, in two instruments termed " deeds of feoff ment," both dated on the 24th of August, one being for New i Reg. Penns. vol. i. p. 375. 588 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. Castle, and twelve miles about it, and the other for the lands, ' — ' — ' &c, between New Castle and Cape Heniopen. To these ter ritories Lord Baltimore entered a claim, which led to a long and irritating controversy, as will hereafter appear. The Duke of York himself did not obtain from the king a regular conveyance of them till 22d March, 1683. " The Duke of York's Deed of Feoffment of New Castle, Deed of and twelve miles circle, to William Penn. — This indenture, r^CMtfr made the four and twentieth day of August, in the four and and twelve thirtieth year of the reign of our sovereign lord Charles the miles about gecon(^ ]jy fa grace 0f (joc]} 0f England, Scotland, France, and Ireland, king, defender of the faith, &c, Annoque Do mini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c, of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part, wit- nesseth, that his said royal highness, out of a special regard to the memory and many faithful and eminent services here tofore performed by the said Sir William Penn to his said majesty and royal highness, and for the good will which his royal highness hath and beareth to the said William Penn ; and for and in consideration of the sum of ten shillings, to him in hand paid by the said William Penn, at and before the sealing and delivery hereof, the receipt whereof is hereby acknowledged, and for other good causes and considerations, doth bargain, sell, enfeoff, and confirm unto the said William Penn, his heirs and assigns, for ever, all that the town of New Castle, otherwise called Delaware, and all that tract of land lying within the compass or circle of twelve milesabout I the^ame, situate, lying, and being upon the River Delaware, in America, and all islands in the said River Delaware, and the said river and soil thereof, lying north of the southern most part of the said circle of twelve miles about the said town, together with all rents, services, royalties, franchises, duties, jurisdictions, liberties, and privileges thereunto be longing ; and all the estate, right, title, interest, powers, property, claim, and demand whatsoever, of his said royal highness, of, in, or to the same, or any part or parcel thereof: saving always, and reserving to his said royal highness, his agents and servants, free use of all ports, ways, and passages into, through, and out of the bargained premises, and every part and parcel thereof: to have and to hold the said town W. MARKHAM, DEPUTY.— CHARLES II. 589 and circle of twelve miles of land about the same, islands, 1682. and all other the before-mentioned or intended to be hereby ' ¦ ' bargained premises, with their appurtenances, unto the said William Penn, his heirs and assigns, to the only use and Duke's deed benefit of the said William Penn, his heirs and assigns for ^*w4c. ever, yielding and paying therefor yearly and every year, unto his said royal highness, his heirs and assigns, the sum of five shillings of lawful money of England, at the Feast of St. Michael the Archangel only. And the said William Penn, for himself, his heirs and assigns, doth covenant and grant, to and with his said royal highness, his heirs and assigns, by these presents, that he, the said William Penn, his heirs and assigns, shall and will well and truly pay, or cause to be paid, to his said royal highness, his heirs and assigns, the said yearly rent of five shillings, at the days whereon the same is reserved to be paid as aforesaid. And his said royal high ness, for himself, his heirs and assigns, doth covenant and grant, to and with the said William Penn, his heirs and assigns, by these presents, that his said royal highness, his heirs and assigns, will at any time or times hereafter, during the space of seven years next ensuing the date hereof, upon the request, and at the costs and charges in the law of the said William Penn, his heirs and assigns, do make and exe cute, or cause or procure to be made, done, and executed, all and every such further act and acts, conveyances and assur ances in the law whatsoever, for the further conveying and assuring the said town and circle of twelve miles of land about the same, and islands, and all other the premises, with the appurtenances, unto the said William Penn, his heirs and assigns for ever, as by the counsel, learned in the law of the said William Penn, his heirs or assigns, shall be reasonably devised, advised, or required. And his said royal highness hath hereby made, constituted, and appointed John Moll, of New Castle aforesaid, esquire, and Ephraim Harman, of New„, Castle aforesaid, gentleman, jointly, and either of them seve rally, his true and lawful attorneys, and by these presents, doth give and grant unto the said John Moll and Ephraim Harman, his said attorneys, or either of them, full power and authority for him, and in his name and stead, into all and singular the premises hereinbefore mentioned, or intended to be hereby aliened, enfeoffed, and confirmed, and into every or any part or parcel thereof, in the name of the whole, to WILLIAM PENN, PROPRIETARY AND GOVERNOR. enter, and quiet and peaceable possession and seisin thereof, or of any part or parcel thereof, in the name of the whole, to enter and receive. And after peaceable possession thereof had and taken as aforesaid, to deliver quiet and peaceable possession and seisin thereof, or of any part or parcel thereof, in the name of the whole, to the said William Penn, his heirs or assigns, or to his or their lawful attorney or attorneys, sufficiently authorized to receive and take the same, and him or them to leave in the quiet and peaceable possession thereof, according to the true intent and meaning of these presents. And his said royal highness doth hereby allow of, ratify, and confirm whatsoever the said John Moll and Ephraim Harman, his said attorneys, shall lawfully do, or cause to be done, in and about the premises, by virtue of these presents, to be as good and effectual in the law, to all intents and purposes whatsoever, as if his said royal highness had done the same in his own person, or had been present at the doing thereof. " In witness whereof, his said royal highness hath to these presents set his hand and seal, the day and year first above written. James, [l. s.] " Sealed and delivered in the presence of John Werden, George Mann."1 " The Duke of York's Deed of Feoffment of a tract of Deed of land twelve miles south from New Castle to the . Whorekills, territories0 to William Penn. — This indenture, made the four and twen- southofNew tieth day of August, in the four and thirtieth year of the reign of our sovereign lord Charles the Second, by the grace of God, of England, Scotland, France, and Ireland, king, defender of the faith, &c, Annoque Domini 1682, between the most illustrious prince, his royal highness, James, duke of York and Albany, earl of Ulster, &c, of the one part, and William Penn, esquire, son and heir of Sir William Penn, knight, deceased, of the other part, witnesseth, that his said royal highness, out of a special regard to the memory and many faithful an d» eminent services heretofore performed by the said Sir William Penn, to his said majesty and royal highness, and for the goodwill which his said royal highness hath and beareth to the said William Penn, and for and in consideration of the sum of ten shillings to him in hand paid by the said William Penn, at and before the ensealing and delivery of these presents, the receipt whereof is hereby 1 Reg. Penns. vol. i. pp. 375 — 376. W. MARKHAM, DEPUTY— CHARLES II. acknowledged, and of the rent and covenants hereinafter reserved and contained, doth bargain, sell, enfeoff, and con firm unto the said William Penn, his heirs and assigns, for ever, all that tract of land upon Delaware River and Bay, Deed of ^ beginning twelve miles south from the town of New Castle, f offment °f \ _ , __ _ __^ '" i • ' territories) otherwise called Delaware, and extending south to the Whore- continued. \ kills^otherwise called Cape Heniopen, together with free and undisturbed use and passage into and out of all harbours, bays, waters, rivers, isles, and inlets, belonging to or leading to the same, together with the soil, fields, woods, underwoods, mountains, hills, fens, isles, lakes, rivers, rivulets, bays, and inlets, situate in or belonging unto the limits and bounds aforesaid, together with all sorts of minerals ; and all the estate, interest, royalties, franchises, powers, privileges, and immunities whatsoever, of his said royal highness therein, or jn or unto any part or parcel thereof; saving always, and reserving to his said royal highness, his agents and servants, free use of all ports, ways, and passages into, through, and out of the said bargained premises, and every part and parcel thereof; to have and to hold the said tract of land, and all and singular other the premises, with the appurtenances, unto the said William Penn, his heirs and assigns, to the only use and behoof of him, the said William Penn, his heirs and assigns, for ever, to be holden of his said royal highness, and his heirs, as of their castle at New York, in free and common soccage, yielding and paying therefor yearly and every year, to his said royal highness, his heirs and assigns, one rose, at the Feast of St. Michael the Archangel, yearly, if demanded. And the said William Penn, for himself, his heirs and assigns, doth covenant and agree to and with his said royal highness, his heirs and assigns, that he, the said William Penn, his heirs or assigns, shall and will, within the space of one year next ensuing the date of these presents, erect or cause to be erected and set up, one or more public office or offices of registry in or upon the said bargained premises, wherein he or they, or some of them, shall and will, amongst other things, truly and faithfully account, set down, and register, all and all manner of rents and other profits, which he or they, or any of them, shall by any ways or means make, raise, get, or procure of, in, or out of the said bargained premises, or any part or parcel thereof, and shall and will, at the Feast of St. Michael, the Archangel, yearly and every year, well and 592 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. truly yield, pay, and deliver unto his said royal highness, his ' — ' — ' heirs and assigns, one full moiety of all and all manner of rents, issues, and profits, as well extraordinary as ordinary, Deed of as shall be made or raised upon, or by reason of the premises, territories!* or anJ Part thereof. And if it shall happen the same shall continued. foe behind and unpaid, in part or in all, by the space of twenty days next after the same ought to be yielded, paid, or deli vered, that then, and so often, it shall be lawful to and for his said royal highness, his heirs and assigns, to enter in and upon the said premises, or any part or parcel thereof, and there to distrain, and the distress and distresses there taken, to take and detain, until the said moiety, and arrears thereof, shall be well and truly satisfied and paid, together with all costs and damages for the same. And his said royal high ness, for himself, his heirs and assigns, doth covenant and grant, to and with the said William Penn, his heirs and assigns, by these presents, that his said royal highness, his heirs and assigns, will at any time or times hereafter, during the space of seven years next ensuing the date hereof, upon the request, and at the costs and charges in the law of the said William Penn, his heirs and assigns, do, make, and exe cute, or cause or procure to be made, done, and executed, all and every such further act and acts, conveyances and assur ances in the law whatsoever, for the further conveying and assuring the said tract of land, and all and singular other the premises, with the appurtenances, unto the said William Penn, his heirs and assigns for ever, as by the counsel learned in the law of the said William Penn, his heirs or assigns, shall be reasonably devised, advised, or required. And his said royal highness hath hereby made, constituted, and appointed John Moll, of New Castle aforesaid, esquire, and Ephraim Harman, of New Castle aforesaid, gentleman, jointly, and either of them severally, his true and lawful attorneys, and by these presents doth give and grant unto the said John Moll and Ephraim Harman, his said attorneys, or either of them, full power and authority for him, and in his name and stead, into all and singular the premises hereinbefore men tioned, or intended to be hereby aliened, enfeoffed, and con firmed, and into every or any part or parcel thereof, in the name of the whole, to enter, and quiet and peaceable posses sion and seisin thereof, or of any part or parcel thereof, in the name of the whole, to take and receive. And after W. MARKHAM, DEPUTE .—CHARLES II. 593 peaceable possession thereof had and taken as aforesaid, to 1682. deliver quiet and peaceable possession and seisin thereof, or ' ¦ — ' of any part or parcel thereof, in the name of the whole, to the said William Penn, his heirs or assigns, or to his or their Deed of lawful attorney or attorneys, sufficiently authorized to receive ^toriesf and take the same, and him or them to leave in the quiet and continued. peaceable possession thereof, according to the true intent and meaning of these presents. And his said royal highness doth hereby allow of, ratify, and confirm whatsoever the said John Moll and Ephraim Harman, his said attorneys, shall lawfully do, or cause to be done, in and about the premises, by virtue of these presents, to be as good and effectual in the law, to all intents and purposes whatsoever, as if his said royal highness had done the same in his own person, or had been present at the doing thereof. " In witness whereof, his said royal highness hath to these presents set his hand and seal, the day and year first above written. James, [l. s.] " Sealed and delivered in the presence of J. Werden and George Mann."1 Having arranged all his business matters, and provided a SeP*- u- ship for his departure, William Penn prepares to embark on PennsaUs hoard the ship Welcome, Captain Robert Greenway, master, lmi for " of 300 tons. After writing- a pathetic letter of advice to his ^ennsyiva- . . .. nia, in the wife and children, in company with several friends he departed welcome. for Deal, where he embarked, with about one hundred pas sengers, chiefly Quakers, for Pennsylvania, the names of whom, with few exceptions, are now unknown to us. On the 30th August, he addressed, from the Downs, " a salutation to all faithful friends in England," which is in print.2 On or about the 1st of September, they took their final departure. Claypoole writes on the 3d, "we hope the 'Welcome,' with William Penn, is gotten away clear."3 Markham is again present at a court at Upland ; his name Sept. 22. does not again appear. • Markham at It is probable that soon after the arrival of Markham and court the commissioners, they entered upon- the discharge of their Sept. 29, duties. The purchase of land from the Indians has already been noticed, and there are numerous warrants for the survey 1 Reg. Penns. vol. i. pp. 429—430. 2 See » The Friend," vol. i. p. 47. 3 Clarkson, vol. i. p. 242, where see the letter to his wife, &e. Proud, vol. i. p. 228. 75 3»2 5M WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. of lands, issued by them throughout the year, as may be seen ' ' ' by the public records. But the primary object of their com mission (see page 527) appears to have been the selection of Location of a suitable location for "a great town." After providing for PMiadei- ^e comfortable accommodation, on their arrival at Upland, of the emigrants who. no doubt accompanied them, the com missioners were instructed by Penn to make a careful exami nation, by sounding, of "the rivers and creeks," on his "side of the Delaware," especially " Upland," to ascertain » where most ships may best ride, of deepest draft of water." Their first attention would be naturally directed to Upland, but how far up the river this examination extended, is perhaps unknown. Tradition says that Pennsbury was at one time selected for the town. The commissioners, however, as is well known, determined otherwise, by fixing the present site between Delaware and Schuylkill. When this choice was made, we have no means of ascertaining, but we presume, from the extract of a letter on page 579, that it must have been early in the year. As we have shown already, this site was early granted by the court of Upland to several Swedes named Swenson, from whom it was purchased, or to whom other land was given in exchange for it. On the arrival of the surveyor-general, in June, he and the commissioners probably proceeded to lay off the ground into streets and lots, as nearly conformable to the general directions of Penn as possible ; names were assigned to the streets different from those which they now bear, as, for instance, Mulberry was Holmes street, Chestnut, Winn street, Walnut, Pool street, &c. ; and it is believed that the city itself received its pre sent name about this time. These names were probably changed, and other alterations made, after Penn's arrival, which perhaps he alludes to, in his letter in 1683, when he says, " Philadelphia is at last laid out, to the general content of those here." The first residences of the settlers were Hrst bom in caves dug into the river bank; in one of these, John Key pma.^1 was tne nrst born child of English parents. On the 19th of 7th month, (September,) there was a dis- Distribution tribution of lots on several streets, as we learn from a copy of a record furnished by a friend, from an original book of warrants and surveys, then in the Recorder's Office of this city, which, unfortunately for our present purpose, cannot now be found. It is a certificate placed in connection with W. MARKHAM, DEPUTY.— CHARLES II. 595 the names of the purchasers of Second street lots, No. 1 1682. to 54 : w^— ' ' " These lots were drawn before us, this 19th of 7th month, 1682. — Signed, William Markham, Thomas Holme, William Haig, Griffith Jones." A similar certificate accompanies the drawing of Broad street lots, Fourth street lots, and Back street lots, &C.1 The first house was commenced by George Guest, in Front street, near the dock, and was unfinished when Penn arrived.2 Within less than a year thereafter, fourscore houses were erected.3 Claypoole says, "above fifty servants belonging to the so- October i. ciety are going away in a great ship for Pennsylvania ; would targe ship suppose it is this night in the Downs ; it is about 500 tons, p^snfrlvar called the Geoffrey, Thomas Arnold, master. William Penn, nia. sixty and those friends in the Welcome, we hope may be half way °^^ty there. There have been divers false reports to discourage and many people, as, of a ship from Bristol, with friends, being cast boa^on away, and that Carolina was seized by the Spaniards." And two days, later, he says, "Captain Arnold is in the October 3. Downs. I have sent by him an honest man, to build a house and plant an orchard, and clear some ground." He wants two negro men, and directs them to be sent " to John Goodson, chirurgeon to the Society of Traders, at Upland, in Pennsyl vania, or, in his absence, to Ralph Withers, to whom I have given a letter of attorney to be deputy treasurer to the society till my arrival." "In the ship in the Downs is the president of the society, with about sixty or seventy servants, besides many other passengers. It is a great ship, near 500 tons, aid never was at sea. We reckon there may be near one thousand people gone this year."4 Penn, not many months after the death of his own mother, was again afflicted by the decease of his wife's mother, Mary Penington ; she was to be buried on this day, 7th month, 21st, of course after Penn's departure from England. Under this date, Claypoole also, speaking of a servant whom he was sending over, says, " I expect he should enter upon my land where the first city is intended to be built. "b 1 See Appendix. 2 Proud, vol. i. p. 235. 3 The author hopes to avail himself of further information respecting the city, in his second volume, which want of space in the present precludes. * Claypoole's Letters. 5 Ibid- 596 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. Thomas Dungan was commissioned, by the Duke of York, ' — ' — ' to be governor of New York.1 About this time, the ship in which, as before stated, Presi- November. dent Moore, sixty or seventy servants, and numerous other Arrival of passengers left England, arrived in Pennsylvania, having had MOOT*™! on^y twenty-nine days' passage. Another ship arrived about the same time, having been equally fortunate.2 After a prosperous passage of about two months, as Penn November 3. himself informs the "lords of plantations," he arrived on the wm. Penn 24th of October, which was for many years observed as the arrives at anniversary. But as a record of it at New Castle places it the capes. ** ... on the 27th there, the only way to reconcile the two appears to be, to suppose that he intended to speak of his arrival at Deaths by the capes. On the passage, several were attacked with small- smaii-pox on an(j many died. Richard Townsend, who was a fellow- the passage. r 7 j . , . passenger, thus speaks of Penn's services : " his good con versation was very advantageous to all the company. His singular care was manifested in contributing to the necessities of many who were sick with the small-pox then on board, out of which company about thirty died." "We had many good meetings on board." The arrival of William Penn at New Castle is thus re- November 7. corded : " October 28 — On the 27th day of October, arrived before Record of the town of New Castle, in Delaware, from England, William ^TakiM -PENN> Fsq., proprietary of Pennsylvania, who produced two certain deeds of feoffment from the illustrious prince, James, duke of York, Albany, &c, for this town of New Castle, and twelve miles about it, and also for the two lower counties, the Whorekills and St. Jones's, which said deeds bore date the 24th August, 1682 ; and pursuant to the true intent, purpose, and meaning of his royal highness in the same deeds, he the said William Penn received possession of the town of New Castle, the 28th of October, 1682."3 This proves that Penn, when he spoke of his arrival as on the 24th, must have intended his entrance into the bay or capes. The following memorandum and certificates show the fact of delivery, and the ceremony by which it was attended : "New Castle, the 28th October, 1682.— Memorandum, 1 London Documents, vol. iv. p. 133. 2 Claypoole's Letters. 3 New Castle " Old Records transcribed," p. 2C1. of New Cas tle. CHARLES II. 597 that the day and year first above written, William Penn, Esq., 1682. by virtue of an instrument of indenture, signed and sealed ' ¦ ' by his royal highness, James, duke of York, &c, did then and there demand possession and seisin of John Moll, Esq., certificate of and Ephraim Harman, gentleman, (attorneys constituted by ^Xuvory his royal highness,) of the town of New Castle, otherwise ofNewCas- called Delaware, with twelve miles circle or compass of the ' said town ; that the possession and seisin was accordingly given by the said attorneys to the said William Penn, accord ing to the usual form, by delivery of the fort of the said town, and leaving the said William Penn in quiet and peace able possession thereof, and also by the delivery of turf and twig, and water an.d fowle1 of the Biver Delaioare, and that the said William Penn remained in the peaceable possession of the premises, as witness our hands and seals, the day abovesaid, and when the words and water and soyle of the Biver Delaware were interlined before us. Signed, Thomas Holme, William Markham, Arnoldus de la Grange, George Forman, James Graham, Samuel Land, Richard Tugels, Jo seph Curies, John Smith."2 The inhabitants of New Castle formally make the following pledge of obedience to Penn : " We, underwritten, being inhabitants of the town of New And submis- Castle, upon Delaware River, having heard the indenture inhabitants. read made between his royal highness, James, duke of York and Albany, &c, and William Penn, Esq., governor and pro prietor of the province of Pennsylvania, &c, wherein the said duke transferreth his right and title to New Castle, and twelve miles circle about the same, with all powers, and juris dictions, and services thereunto belonging, unto the said Wil liam Penn, and having seen, by the said duke's appointed attorneys, John Moll and Ephraim Harman, both of New Cas tle, possession given, and by our governor, William Penn, Esq., possession taken, whereby we are made subjects, under the king, to the said William Penn, Esq., we do hereby, in the presence of God, solemnly promise to yield to him all just obedience, and to live quietly and peaceably under his govern ment. Witness our hands, this 28th day of October, Annoque 1682. Signed, Arnoldus de la Grange, J. de Haes, H. V. D. Brieth, William Simpill, John Holmes, Hendrick Lem- ' So in the record, but evidently intended for soyle. 2 New Castle Records. Pea Patch Case, p. 21. 598 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. mons, Joseph Moore, James Parmes, Jonas Arskins, Giles ' — ' — ' Barrotts, Pieter Classen, Samuel Land."1 On the same day he appointed William Markham his attor ney to receive from Moll and Harman possession of counties below New Castle, which was accomplished a few days after wards. One of Penn's first acts, after taking possession, was to November 7. commission justices of the peace for New Castle. The ori ginal commission is preserved at Harrisburg, in the Land- Office, from which we have copied the following : "William Penn, Esq., proprietor and governor of Pennsyl- Penn'scom- vania, New Castle, St. Jones, Whorekills, alias Deal, with Sees at their proper liberties : — I do, in the king's name, hereby con- New Castie, stitute and authorize you, John Moll, Peter Alricks, Johannes ^atio1n.il0b' de Haes> William Simple, Arnoldus de la Grange, and John Cann, to be justices of the peace, and a court of judicature, for the town of New Castle, upon Delaware, and twelve miles north and west of the same, to the north side of Duck Creek, whereof any four of you shall make a quorum, to act in the said employment and trust, for the preservation of the peace and justice of the province, according to law, hereby willing and charging all persons within the said limits, to take notice hereof, and accordingly to yield you all due and just obedience in the discharge of the said trust. And this commission to be of force for the space of one whole year, or until further ordered. Given under my hand and seal, in New Castle, this 28th day of October, 1682. William Penn.2 "For my loving friends, John Moll, Peter Alricks, Jo hannes de Haes, William Simple, Arnoldus de la Grange, and John Cann," whose acceptance and obligation, signed hy themselves, is also preserved, as follows : " We, whose names are here subscribed, being by William Penn, Esq., proprietor and governor of the province of Penn sylvania and New Castle, &c, appointed justices of peace for the town of New Castle, upon Delaware, and twelve miles north and west of the same, to the north side of Duck Creek, do hereby, in the presence of God, declare and solemnly pro mise that we will, by the help of God, be just and true, and faithfully discharge our trust, in obedience to the same com mission, and act therein according to the best of our under- 1 New Castle Records. Patent-Book A 2, p. 121, Harrisburg. 2 All of the signature, except a part of the flourish, torn off by some Vandal. CHARLES II. 599 standings. Witness our hands and seals. Given at Dela- 1682. ware, the 28th October, 1682." [Signed by all of them.] w *— John Carver, and Mary his wife, came over with Penn; their daughter Mary, who married Isaac Knight, of Abingdon, November 7. is stated to have been "one of the first children born of Another English parents in Pennsylvania." Her birth is dated 28th tot-born- of 8th month, 1682. In a printed memorial of her, it is said, "she was born in or near Philadelphia." If the date of her birth be correct, she must have been born on the day of Penn's landing at New Castle. Giles Knight and wife, and son Joseph, also came over with Penn.1 From the following instructions, the original of which is in November 8. the Land- Office, it would appear, that on the next day after Letter of landing, Penn was at Upland, unless he dated the order as from p™n' ™th . o? r ? ^ notices to at- that place while at New Castle, considering the former, for tend court the time being, as his seat of government. The notice, at ll^ewC^' any rate, appears short, only three days before the meeting. " Ephraim Harman — With my love, this is to desire thee to despatch away a messenger, upon receipt hereof, with the enclosed letters, to the several persons and places they are directed to, that so they may be at New Castle, at the court, the 2d of 9th month, in which thou wilt oblige thy loving and true friend, William Penn. " Upland, 29th of 8th month, 1682. " Salute me to thy wife and kind neighbours. "Direct the enclosed letters and seal them. I will pay the messenger. W. P."2 William Penn notifies William Clarke, Luke Watson, John a notice to Roads, John Avery, Hermanus Wiltbank, and Alexander *ou™ Molestyn, of the deeds of feoffment ; desires them " to meet shim next Thursday at New Castle, (November 2,) where he intends holding a general court for settling jurisdiction of these and your parts, in which they will oblige him. If there be any persons of note, or others, that desire to be present, they may come freely."3 James Harrison, afterwards Penn's steward, and who be- Novembers. came also a useful public man, having, on the 5th September, left Liverpool in the ship » Submission," Captain James Set tle, in oompany with Phineas Pemberton, his son-in-law, and i Smith's Pennsylvania, in Reg. Penns. vol. iii. p. 274. 2 Copy from original in Land-Office at Harrisburg. 3 Sussex Records, Breviat. 600 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. Arrival of James Har rison, Phi neas Pem- herton, and others. Settlementin Bucks county. Nov. 12. First court at New Cas tle. their wives, children, and servants, and others, to the number of forty or fifty, (whose names are recorded in Bucks county,) arrived in Patuxent River, on the 30th October, where they were carried through the dishonesty of the captain, and much to their disadvantage. By the terms of their agreement, Settle was to receive <£4, 5s. per head for each person over twelve years of age, and £2, 2s. 6d. for each under twelve years, and 30s. per ton for their goods, and was to proceed to the Delaware or elsewhere in Pennsylvania, to the best convenience of the freighters. Their goods were landed at Choptank, where Harrison and Pemberton left their famiUes at the house of William Dickinson, to proceed by land to their place of destination, which was near the Falls of Delaware, in Bucks county. When they arrived at Philadelphia, such was the want of accommodation, that they were unable to procure accommodation for their horses, and were obliged to turn them into the woods to graze, and subsequently, after diligent search, were unable to find them again, and were compelled to proceed on their journey to the falls without them, by water. William Yardley, an uncle of Pemberton, had arrived before them, (September 28,) at the falls, taken up land, and commenced erecting a dwelling. Phineas con cluded to settle there, and next spring purchased a tract of 300 acres, which he called " Grove Place," where they and their families did not arrive till May, 1683.1 Agreeably to notice, a court was held at New Castle, at which the proprietary was present. The following are the proceedings : "A court was held at New Castle, in the name of our sovereign lord, King Charles II. &c, and by the commission and appointment of William Penn, Esq., proprietary and governor of Pennsylvania, &c, Thursday, 2d November, in the 34th year of his majesty's reign, A. D. 1682. " Present, Right Honourable Proprietary, and Captain Wil liam Markham ; Mayor Thomas Holme, Mr. William Haigh, Mr. John Simcock, Mr. Thomas Brazie, of the council ; John Moll, John de Haes, William Simpill, Arnoldus de la Grange, John Cann, justices. [See commission, October 28, 1682.] " The right honourable proprietary, William Penn, by his public speech, directed to the inhabitants in general, did in 1 MSS. Biographical Sketch, by W. Carr, of Doylestown, prepared from reliable sources. CHARLES II. 601 open court declare that he had appointed and called this court 1682. chiefly to signify and declare unto them, in a more public ' r~~' manner, First, that it had graciously pleased 'the illustrious prince, James, duke of York and Albany, &c, to give and Penn's grant unto him this town of New Castle and its precincts, j*^ con" with the counties of St. Jones and Whorekills, downwards, and therefore he was resolved, for the encouragement of all the inhabitants thereof, and for the better settlement, quiet, and satisfaction of them, first to state and' settle their lands and possessions, and therefore he willed and desired them to bring in at the next court to be held within the town of New Castle, all their patents, surveys, grants, and claims, which they had to their lands, livings, tenements, and possessions, promising to ascertain, adjust, and confirm not only those as had a sufficient title and right, but also those as yet wanted a certain right to the same, so far forth as equity, justice, and reason could require. " Second, the proprietary recommended to the magistrates, and desired them to take inspection, view, and look over their town-plots, to see and find out what vacant room may be found .therein for the accommodating and settling of new comers, traders, and handicraftsmen therein, and for the general and public good, and encouragement of the place and parts, of which he desired that an account might be given him. " Thirdly, that if any person had requests or petitions to present to him, he willed them to do it, for an answer at the next court day. " Fourthly. In regard that for want of a present assembly, there are not as yet fitting laws, regulations, orders, and by laws for the country provided, he, the proprietary, therefore recommended the magistrates, in the interim, to follow and take the laws of his royal highness, provided for the province of New York, for their guide, so far forth as they are con sistent, and not repugnant to the laws of England, assuring the inhabitants of this and the other two counties downwards, that they should have and enjoy, full and equal, the same privileges with those of the province of Pennsylvania, and that for the future they should be governed by such laws and orders as they themselves, by their deputies and representa tives, should consent to, and that he would call an assembly for the purpose, as soon as conveniently might be, &c. 76 3E 602 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. "The court adjourned till first Tuesday of December w*~ ' next."1 In obedience to>the power given by Penn to William Mark- Nov. 17. ham, to receive for him possession of that part of the terri tories south of New Castle, delivery was made to him this day, agreeably to the following certificate from numerous witnesses : " Whereas, his royal highness, James, duke, &c, by one DeUvery of indenture bearing date the 24th day of August, in the 34th Mo^'New7 vear °^ ^1S maJesty's reign, 1682, hath empowered and Castie. authorized John Moll, of town of New Gastle, esquire, and Ephraim Harman, of same place, gentleman, to deliver pos session unto William Penn, Esq., of all that part of Dela ware River and Bay, from twelve miles distance from the town of New Castle, downward as far as Cape Heniopen, which his said royal highness, by the said deed first above mentioned, hath been pleased, upon certain conditions therein mentioned, to give and grant unto the said William Penn, Esq., as by the said indenture and deed, bearing date as above, respect being thereunto had, may more at large appear. And whereas the said William Penn, Esq., hath, by his letter of attorney, bearing date the 28th of October last past, em powered and authorized Captain William Markham, of Upland, late deputy governor of the province of Pennsylvania, his true and lawful attorney, for him and in his name, but to his sole use and behoof, to demand and receive of the said John Moll and Ephraim Harman, as attorneys constituted by his said royal highness as aforesaid, delivery of possession of all the said tract of land on Delaware River and Bay, beginning twelve miles south of the town of New Castle, and extending south to the Whorekills, otherwise Cape Heniopen, as afore said, and these are therefore to testify and declare unto all whom these presents may concern, that we whose names are here underwritten, on the day of the date thereof, have been present and seen that tne said John Moll and Ephraim Har man, in pursuance of his royal highness's command, and by virtue of the power given them by and in the first above- mentioned instrument of indenture, bearing date as above, have given and delivered actual possession unto the said Captain William Markham, to the sole use and behoof of the said William Penn, of part in the name of the wihole of the 1 New Castle Records, pp. 268, 269. CHARLES II. 60S land, soil, and premises in the said instrument of indenture 1682. mentioned, and according to the true intent and meaning of ' — ' — ' his said royal highness, mentioned in the same. Witness our hands, on Delaware River, this 7th of November, in the 34th year of his majesty's reign, A. D. 1682. ¦<< Signed, Luke Watson, William Clark, Francis Whitwels, John Hylliard, Norton Claypoole, John Vines, Alexander Molestyn,1 John Hill, Hplmanus Wiltbank, Alexander Draper, Samuel Gray,1 Edward Cantwell, John Avery. « Memorandum. The word ' soil' interlined in the original, before signing."2 "A writ," under Penn's hand and seal, to Peter Bancomb, Nov. is. the sheriff of Jones county, requires him to summon all free- writ to can holders to meef^ on 20th instant, and elect out of themselves Ne^casue, seven persons of most note for wisdom, s6briety, and integrity, on 20th. to serve as their deputies and representatives in general as sembly, to be held at Upland in Pennsylvania, December 6th next, and then and there to consult with him for the common good of the inhabitants of that province, and adjacent coun ties of New Castle, St. Jones, and Whorekill, alias Deal, under his charge and jurisdiction, and true return to make to William Penn. Same day he appoints John Vines sheriff of Whorekill, sheriff ap. alias Deal, and directs him to hold an election for seven re- po nresentatives.3 Similar notices were issued to the other counties.* There is no date to the following document, the original of which is in the Land-Office, though the tenor of it indicates the period to have been between the issuing of the order for the ejection of council and assembly, and the time of meeting. It is a petition assigning their reasons for not choosing as many representatives as required, from ten inhabitants of Chester county, several of whose names cannot be deciphered : " To William Penn, proprietary and governor of the pro vince of Pennsylvania, and territories thereof. — The petition of the freeholders of the county of Chester, respectfully showeth, That in obedience to the writ sent to our sheriff, we have chosen twelve persons for our delegates to serve in the , * Made their marks. 2 New Castle Records. Patent-Book A., No. 2, pp. 120, 121. Pea Patch Case. a Sussex Records, in Breviat. 4 See that for Bucks County, in Proud, vol. i. 604 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. provincial council, but considering that the numbers of the ' — ' — ' people are as yet small, and that we have but few fit for or acquainted with such public business, and also that we are Petition of unable to support the charge of greater elections and assem- rou'nty'that ^ies- After our humble acknowledgments of the favour 12 only may intended us therein, we take leave humbly to request that coun'cn'and three of the twelve which we have chosen may serve for pro- assemMy, on vincial councillors, and the other nine for the assembly, which ttesmaii provincial councillors are John Simcox, for three years, Ralph number of "Withers for two years, and William Clayton for one year, inhabitants. , J . , , . J ' leaving it to thee to increase the number, as occasion shall serve, hereafter." [The following appear to be original signatures — James Browne, William Woodmancy, William Gross, Robert Randall, Robert Yarnall, John Sharpless, Albert Hendrickson, and three others.] [These being all in the same handwriting, are probably the nine for assembly — Joshua Hastings, Nathaniel Evans, Jo seph Richards, Walter Martin, Thomas Minshall, William Rawson, John Martin, James Kennedy, Wm. Clayton, jun.] " At a monthly meeting, the 8th of 9th month, 1682 : at Nov. is. this time Governor William Penn, and a multitude of Friends Friends' arrived here, and erected a city called Philadelphia, about half XaiiySne°id a mile from Shackamaxon, where meetings, &c. were esta- at Thomas blished, &c. Thomas Fairman, at the request of the governor, removed himself and family to Tacony, where there was also a meeting appointed to be kept, and the ancient meeting of Shackamaxon removed to Philadelphia, from which meeting, also, other meetings were appointed in the province of Penn sylvania."1 " This goes to prove," says Watson, "that the Friends' meetings were originally held at Shackamaxon, at the house of Thomas Fairman."2 At a meeting of the deputy governor and justices in New Nov. 19. Castle, on a commission directed to them by the proprietary, Market esta- " touching the keeping a weekly constant market," it was nTw casue. resolved, " that Saturday, the 18th instant, shall be the first market-day, to be continued on every future Saturday, for this town, when all persons are desired to repair with their commodities to the fort in the market-place, at present ap pointed for the same, and that the sheriff shall proclaim the 1 Abingdon Minutes, quoted by Watson, vol. i. p. 140. 8 Watson, ibid. to New Tork. \ CHARLES II. 605 same to begin at 10 o'clock in the morning, and continue till 1682. i o'clock, p. m."1 ' — ¦ — ' Immediately after Penn's arrival, he despatched two per sons to Lord Baltimore, " to ask of his health, offer kind November. neighbourhood, and agree upon a time the better to establish Penn's visit it." While they were gone, he went to " New York, to pay bis " duty" to the duke, in the visit to his government and colony,2 from which he returned towards the end of this month. The province was divided into three counties, Philadelphia, Bucks, and Chester, and the territories into New Castle, Jones, and Whorekills, alias Deal. The names of the two last were, towards the close of the year (December 25) again changed; Deal to Sussex, and Jones to Kent, and Penn directed that Cape Heniopen be called Cape James.3 Penn, upon his arrival at Upland, changed its name, as upland thus related by Clarkson : " This was a memorable event, c^erd *° (alluding to his calling an assembly there,) and to be distin guished by some marked circumstance ; he determined, there fore, to change the name of the place. Turning round to his friend Pearson, one of his own society, who had accompanied Mm in the ship Welcome, he said, ' Providence has brought us here safe ; thou hast been the companion of my perils ; what wilt thou that. I should call this place?' Pearson said, < Chester, in remembrance of the city from whence he came.' William Penn replied, that it should be called Chester, and that when he divided the land into counties, he would call one of them by the same name also."4 A. BrockhoUs, deputy governor of New York, issues a de- December l. claration to the justices of the three lower counties. After Declaration reciting the two deeds of feoffment to Penn from the Duke of erTndcout- York, and the appointment of Moll and Harman as attorneys cii of New to deliver possession, says, '.' and we being fully satisfied (after J^p^ seeing the indentures) of the said- William Penn's right to the possession and enjoyment of the premises, have therefore thought fit and necessary to signify and declare the same to you, to prevent any doubt or trouble that might arise or ac crue, and to give you our thanks for your good services done in your several offices and stations, during the time you re mained under his royal highness's government, expecting no further account than that you readily submit and yield all 1 New Castle Records, p. 270. 2 Penn's Letter to Lords of Plantations. 3 Sussex Records, in Breviat. 4 Clarkson, vol. i. p. 259. 2s2 606 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. due obedience and conformity to the powers granted to the """ """ said William Penn, in and by the said indentures, in the per formance and enjoyment of which we wish you all happiness. New York, 21st November, 1682."1 Before the receipt of this, as we have seen, Penn was in possession. John Moll, one of the commissioners to deliver possession, December i. having accomplished the duty assigned him and Harman by Moirs ac- the duke, drew up the following account of the whole trans- count ofthe „_j." „ . , .. action : transactionsofthe deiiv- " These are to certify all whom it may concern, that Wil- cStietoeW liam Penn, Esq., proprietary and governor of the province Penn. 0f Pennsylvania, and the territories thereunto belonging, at his first arrival from England, by the town of New Castle, upon Delaware, in the month of October, 1682, did send then and there one messenger ashore to give notice to the commis sioners of his desire to speak with them aboard ; I being then left the first in commission, by Sir E. Andross, governor- general under his royal highness, James, duke of York and Albany, &c, of all his territories in America, did go aboard with some more of the commissioners, at which time Esquire Penn did show me two sundry indentures or deeds of enfeoff ment from under the hand and seal of his royal highness, granted unto him, both bearing date the 28th day of August, Anno 1682, the one for the county of New Castle, withtwelve miles distance north and south thereunto belonging, and the other beginning twelve miles below New Castle, and extend ing south unto Cape Heniopen, together with the mills and ¦waters of said river, bay, rivulets, and islands thereunto be longing ; and underneath both which said indentures or deeds of enfeoffment, were added, by his royal highness, letters of attorney directed unto me and Ephraim Harman, deceased, with full power and authority for to give, in his royal high ness's name, unto said William Penn,.Esq., quiet and peaceable possession of all what was inserted in the said indentures, as above briefly specified ; that the said Ephraim Harman hap pened to be gone from home, so that he was not at the time aboard with me, of the said ship ; I therefore did desire from Esquire Penn twenty-four hours' consideration, for to commu nicate with the said Harman and the rest of the commis- 1 See it at length, in Reg. Penns. vol. iii. p. 33. New Castle Records. Patent-Book A. 2, pp. 117, 118, Harrisburg. couni . con tinued. CHARLES II. 607 sioners about the premises, in which compass of time we did 1682. unanimously agree to comply with his royal highness's orders. ' ' ' Whereupon, by virtue of the power given unto us by the above-mentioned letters of attorney, we did give and surren- Moil's ac- der, in the name of his royal highness, unto him the said William Penn, Esq., actual and peaceable possession of the fort of New Castle, by giving him the key thereof, to lock upon himself alone the door, which being opened by him again, • we did deliver also unto him one turf, with a twig upon it, a porringer with river wuter and soil, in part of all what was specified in the said indenture or deed of enfeoffment from his royal highness, and according to the true intent and meaning thereof; and a few days after that, we went to the house of Captain Edward Cantwell, at the south side of Appoquinimy Creek, by computation above twelve miles distance from the town of New Castle, as being part of the two lower counties here above mentioned and specified in his royal highness's : other indenture or deed of feoffment, and after we had shown unto the commissioners of these counties the power and orders given unto us as aforesaid, we asked them if they could show us any cause why and wherefore we should not proceed to act and do there as we had done at New Castle, and finding no manner of obstruction,, we made, then and there, in his royal . highness's name, the same manner and form of delivery as we had done at New Castle, which acting of us was fully accepted and well approved of by Anthony BrockhoUs, then comman der-in-chief, and his council at New York, as appears by their declaration bearing date the 21st of November, 1682, from which jurisdiction we had our dependence all along, ever since the conquest, until we had. made the above-related delivery unto Governor William Penn, by virtue of his royal highness's orders and commands, &c. John Moll."1 On Penn's arrival from New York, he found his messengers Penn re- returned from Maryland, and the time fixed for meeting Lord *urn3fron» Baltimore the 19th December. Agreeably to the summons, an assembly met on the 4th of Dec u. December, at Chester. We have not the names of all the First assem- members. Christopher Taylor, of Bucks ; President Moore, ^y ™ets at Philadelphia; John Simcock, Chester; William Clark, Deal; First day's Francis Whitwell, Jones's ; Griffith Jones, Luke Watson, v™™^*. m Committees William Sample, William Yardly, Thomas Brassy, John appointed. 1 Recorder's Office, New Castle, Record B. 9, pp. 407—412. 608 1682. Dec. 15. Second day's proceedings. Contested election. Rules and regulationsadopted by the house. WILLIAM PENN, PROPRIETARY AND GOVERNOR. Briggs, Ralph Withers, are mentioned on the first day, as on committees of election and privileges, and a committee " for justice and grievances" was appointed, the former to meet at 8 o'clock, A. m. ; N. Moore was appointed its chairman next day, who is generally mentioned as the president of the assembly also, though the minutes, as inserted in the " Votes of Assembly," make no mention of it. At a meeting of the assembly, the speaker having taken the chair, the chairman of the committee of privileges «and elections reported, " that Abraham Man and his party had made some illegal procedure the day of election at New Cas tle, that he might be elected a member of the house, the sheriff of New Castle having been previously called to account by the committee, for undue electing a member." The house, after hearing witnesses, declare John Moll to be duly elected. A committee of " foresight, for the preparation of provincial bills," was appointed out of the above two committees, viz. John Simcock, Christopher Taylor, William Clark, N. Moore, Griffith Jones, and Luke Watson. A committee was then appointed to be sent to the governor, " humbly to desire him to honour the house with a transmission of his constitutes," (" supposed to be the written constitution or proposed laws,") viz. Thomas Holme, surveyor-general, William Clark, Thomas Winn, and Edward Southrin. The governor replied, " they were not ready, but when ready he would send them by one of his servants." There was then a debate on fines upon delinquents, and the governor's power, by 6th article of "Charter of Methods," agreed to reprove offending members for first offence ; for second, reproval and fine of 12d., and so on for each, not to exceed 10s. ; offenders to be brought to the bar. The whole house may resolve itself into a grand committee. No member to absent himself on a journey with out leave. No question to be taken on a resolution " before seconded or thirded," when the matter may be discussed, and amendments made. All questions to pass' in negative or affirmative. Any member presuming " to pervert the sense of questions agreed to by the house," shall be "put out of the house." Thos. Usher, sheriff of Chester, has leave of ab sence for two days. " Two members elected to inspect which party carried it by the major votes, on diversity of votes arising in the house." In case of tie, speaker to have a casting vote. In a matter in debate, if the question arise, CHARLES II. 609 "whether the house now proceed or not," on division, the 1682. noes go out ; if for adjournment, the yeas. " None to speak ' — ¦ — ' but once before the question is put, nor after but once." No member, in any discourse, to mention the name of another Proceedings member, but as "that member that last or lately spoke," only ^hiVcon- a member may be used by his office or sitting in a certain tinued. place, as "near the chair," &c. None to fall from the mat ter to the person, and superfluous and tedious speeches may be stopped by the speaker. When the speaker leaves the chair, in grand committee, a chairman to be elected ; when discharged, the speaker to resume his seat, and the chairman of grand committee to report in writing. The grand com- . mittee never to adjourn without consent of the house. " No other committee to determine the right or property of the subject without leave ofthe house." "No private committee can alter a question agreed upon among themselves, without consent of the house." "Any member may have access to any committee, except committee of secrecy." Charter of order. Bills at committees to be considered by parts, pre amble last. Bills not to be blotted, but mended in other papers, and voted singly. No erasures or interlineations. Clerk to read bills, then deliver to speaker, who, standing with bill in hand, reads title ; this " the first reading ; no member to speak till second reading, unless to cast it out." " If exceptions to a bill be not mendable at the table, then com mitted, but no bill without exceptions committed ; if not com mitted or rejected, then engrossed." He " that is against the body of a bill shall not be on a committee about that bill." No private bill to be introduced without leave ; public bills, the matter to be opened before brought into the house. "No bill to repeal a law to be introduced without leave. Bills amended to be engrossed, but first in a full house ; title endorsed on the back. Any member may offer any bill tend ing to public good, except for levying taxes." " Any law, &c, constituted by a committee, shall not be in force except esta blished by the whole house." "A member speaking shall direct his discourse to the speaker, and stand up, that all may see him," and shall " have liberty in his speech, without interrup tion from any member." The speaker inquired "whether any absolute note of dis tinction betwixt one officer and another should be concluded 610 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. on by a vote, as the carrying a white rod or reed." Left in ' ' ' suspense. " A petition is presented for an act of union betwixt the Third day's freemen of the three lower counties, New Castle, Jones, and PetMonprt New Deal, and the freemen of the province of Pennsylvania, sented from that as one united province, they may be endowed with the countieTfor same privileges of law and government." This petition was a union. accepted and approved of by the whole house. John Moll and Francis Whitwell, two members, delivered the aforesaid petition in the name of the rest of the freeholders, the names of several freeholders of the three aforesaid counties being subscribed.1 This is probably that petition ; it was signed by seven per- The petition sons from New Deal, six from St. Jones's, and five from New Castle : "humbly desiring that they may be favoured with an act of union, by the governor and assembly, for their incor poration in and with the province of Pennsylvania, in order to the enjoyment of all the rights and privileges of the afore said province, and that they might ever after be esteemed and accounted as freemen of the before-mentioned province. This being our desire and humble request in the assembly, we have desired the president and two other members of the up per counties, part of this province, to present it to your honours, and if we are so happy to obtain our request, we will for ever acknowledge it, and in all faithfulness subscribe ourselves yours in all lawful obedience."2 " An act for the aforesaid union, (authorized by the gover nor,) was twice read, and being put to vote, was carried in the affirmative." " The act was read a third time, which afterwards, by the assent of the whole house, was appointed to be presented to the governor by the hands of the president and Christopher Taylor, two members of the house, in order to get his sub scription as an established law, which the governor confirmed." " A petition to the governor from the Swedes, Finns, and Dutch, is presented, that the governor would be pleased to make them as free as other members of this province, and that their lands may be entailed on them and their heirs for ever." The remainder of this day's session was occupied chiefly With " the printed laws, and the written laws or constitutions," 1 Votes of Assembly. s Breviat. CHARLES II. 611 which were taken up and discussed separately, and after being 1682. altered or amended, finally adopted, when the assembly ad- ' — ¦ — ' journed tlo half-past seven next day. The " power of the Free Society of Traders was also debated;" the result is not given. They met again, December 7th : " The governor assuming Dec. 17. the chair, expresses himself after an obliging and religious proceedings manner," and after signing "the bills for naturalization and of aS80nn>15'' , ° continued. union, &c, delivered them to the speaker as his act and deed." The president consults the governor on " divers material con cerns." The governor then "urges upon the house his reli gious counsel." "A debate arising," as to the time of ad journment of the house, " the president endeavours to miti gate," and "to affect the people with the governor's condes cension, and that after a divine manner." The members of the lower counties "were in a great strait, by reason of being obliged to assemble again in twenty-one days." Two mem bers afe appointed to inform the governor of it, who return with intelligence that the governor is willing that the assem bly adjourn for twenty-one days, which was done, by order of the speaker." [We have seen no account of this meeting, if it took place.] Thus terminated the session of the first assembly, having, besides the act of union, and the act of settlement, or new constitution, passed, in little more than three days, the cele brated body of laws called the " Great Law." The following is the act of union and naturalization, which, though generally spoken of as two distinct enactments, appear to be embraced in one act : " An Act of Union for annexing and uniting ofthe coun- Act of union fas of New Castle, Jones's, and Whorekill, alias Deal, to T\^ln. ihe province of Pennsylvania, and of naturalization of all ma and the C J "J . j. .-. r.. . territories. foreigners in ihe province and counties aforesaid — bince, by the good providence of God, it hath graciously pleased King Charles II. of England, &c, for divers good considerations, to grant, by his letters-patent, under the great seal of Eng land, to William Penn, son and heir of Sir William Penn, deceased, and to his heirs and assigns for ever, this province of Pennsylvania, according to the bounds therein expressed, with all requisite powers for the good government thereof, by such laws as he and they shall make, by and with the advice and consent of the freemen of the said province, or their 612 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. deputies, not repugnant to their faith and allegiance, and the ' — ' — ' legal government of the said realm ; and it having also fa vourably pleased James, duke of York and Albany, earl of Actofunion, Ulster, &c, to release his right and claim to all and every continued. part tnereof unto the said William Penn, his heirs and assigns, whereby the said William Penn is become the undoubted and rightful proprietary and governor of the province of Penn sylvania, and is hereby fully and freely so recognised and acknowledged, and is a beneficial and requisite addition to the territory of the said proprietary and governor, it hath also pleased the said James, duke of York and Albany, earl of Ulster, &c, for divers good considerations, to grant unto the said William Penn, and his heirs and assigns, all that tract of land from twelve miles northward of New Castle, on the River Delaware, down to the south cape, commonly called Cape Heniopen, and by the proprietary and governor -now called Cape James, lying on the west side of the said river and bay, formerly possessed by the Dutch, and bought by them of the natives, and first surrendered, upon articles of peace, to the king's lieutenant-governor, Colonel Nicholls, and a second time to Sir Edmund Andross, lieutenant-governor to the said duke, and hath been by him quietly possessed and enjoyed, as also the said River of Delaware, and soil thereof, and all islands therein, lately cast into three counties, called New Castle, Jones's, and Whorekill, alias Deal, together with all royalties, powers, and jurisdictions thereunto belonging, as by two deeds of feoffment, bearing date the 24th of the 6th month, called August, 1682, doth more at large appear. And forasmuch as there must always be a people before there can be a government, and that people must be united and free, in order to settle and encourage them, for the prosperity of the government ; and since the inhabitants of the tract of land lately passed from the duke as aforesaid, are not yet thereby under the same capacity that those are that belong to the province of Pennsylvania ; and whereas the freemen of the said counties have, by, their deputies, humbly besought their present proprietary and governor to annex the said counties to the province of Pennsylvania, and to grant unto them the same privileges, and that they may live under the «ame laws and government that the inhabitants of the said province now do, or hereafter shall enjoy, and since the union of the two distinct people that are under one governor, is CHARLES II. 613 both most desirable in itself, and beneficial to the public, and 1682. that it cannot be so cordially and durably maintained, to the ' — ¦ — ' mutual benefit of each other, as by making them equally sharers in benefits and privileges, be it enacted by the pro- Act of union, prietary and governor aforesaid, by and with the advice and oontinued' consent of the deputies of the freemen of the province and counties aforesaid, in assembly met, that the counties of New Castle, Jones's, and Whorekills, alias Deal, shall be annexed, and by the authority aforesaid, are hereby annexed unto the province of Pennsylvania, as of the proper territory thereof, and the people therein shall be governed by the same laws, and enjoy the same privileges, in all respects, as the inhabit ants of Pennsylvania do or shall enjoy, from time to time therein, any thing in this law, or any other law, act, or thing, in this province, to the contrary in anywise notwithstanding. And forasmuch as it is apparent that the just encouragement of the inhabitants of this province and territories thereunto belonging, is likely to be an effectual way for the improve ment thereof, and since some of the people that live therein, and are like to come thereinto, are foreigners, and so not free men, according to the acceptation of the law of England, the consequences of which might prove very detrimental to them in their estates and traffic, and so injurious to the prosperity of this province and territories thereof, be it enacted by the Act of natu- governor and proprietary of the province and counties afore- ™u™aoa- said, by and with the consent of the deputies of the freemen thereof, in assembly met, that all persons who are strangers and foreigners, that do now inhabit this province and counties aforesaid, that hold land in fee in the same, according to the law of a freeman, and who shall solemnly promise, within three months after the publication hereof, in their respective county courts where they live, upon record, faith and alle giance unto the King of England, and his lawful heirs and successors, and fidelity and lawful obedience to William Penn, proprietary and governor of these provinces, &c, and his heirs and assigns, according to the king's letters-patent, shall be held and reputed freemen of the province and counties aforesaid, in as ample and full manner as any person residing therein ; and it is hereby further enacted by the authority aforesaid, that when at any time any person that is a foreigner shall make his request to the proprietary of this province, for the aforesaid freedom, the said person shall be admitted on the SE 614 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. conditions herein expressed, paying, at admission, twenty shil- 1 — ' — ' lings sterling, and no more, any thing in this law, or any other law, act, or thing in this province, to the contrary in Act of union, anywise notwithstanding. continued. „ Given at Chester, alias Upland, the 7th day of Decem ber, 1682, under the hand and broad seal of William Penn, proprietary and governor of this province and the territories thereunto belonging, being the second year of his government, by the king's authority. William Penn."1 In connection with this document, the following is inserted: it is a copy made from an apparently original instrument, which the author found in the Secretary of State's Office, at Harrisburg, written on parchment. It is endorsed " An act of union for annexing the counties of New Castle, Jones, and conflrma- Whorekill,' alias Deal, and the province, to be as a proper acTof union? territory thereto belonging." It bears the same date as the above act, and its language is very similar, and in several parts exactly the same. It does not embrace the act for naturalization. Whether it is Penn's authority to the assem bly, alluded to in their proceedings, or the confirmation of the act of union, is uncertain ; if either, it is probably the latter, judging from its date. We have never seen it in print. The words, " by the king's authority," are written in a dif ferent hand from the rest. " Forasmuch as all that tract of land lying on the west Dec. 7. sif]e 0f the River Delaware, beginning from twelve miles above New Castle, upon said river, northward, and extending to the south cape, commonly called Cape Heniopen, making the mouth of the Bay of Delaware, of late divided into three counties, and called by the names of New Castle, Jones, and Whorekill, alias Deal, with their appurtenances, and the juris diction and royalties thereunto belonging, are granted to William Penn, proprietary and governor of Pennsylvania, and his heirs and assigns for ever, by James, duke of York and Albany, &c, as by two deeds of feoffment, dated the 24th, August, 1682, more at large appears. And whereas the freemen of the said counties have, by their deputies, humbly besought the present proprietary and governor to annex the said counties to the province of Pennsylvania, and to grant unto them the same privileges, and that they may live under the same laws and government that the inhabitants of said 1 Reg. Penns. vol. i. p. 430. CHARLES II. province now do, or hereafter shall enjoy; and since the union of two distinct people, that are under one government, is both most desirable in itself, and beneficial to the public, and that it cannot be so cordially and durably maintained, to the mu tual benefits of each other, as by making them equally sharers in benefits and privileges, be it enacted by the pro prietary and governor aforesaid, by and with the advice and consent of the deputies of the freemen of the province and counties aforesaid, in assembly met, that the counties of New Castle, Jones, and Whorekill, alias Deal, shall be annexed, and by the authority aforesaid, are hereby annexed unto the province of Pennsylvania, as of the proper territory thereof, and the people therein shall be governed by the same laws, and enjoy the same privileges in all respects, as the inhabit ants of Pennsylvania do or shall enjoy, from time to time therein, any thing in this law, or any other law, act, or thing in this province to the contrary in anywise notwithstanding. Given at Chester, alias Upland, this 7th day of December, 1682, being the second year of the government of William Penn, proprietary and governor of Pennsylvania, by the king's authority. William Penn." Penn, in a letter, shortly after, says, that the act of natu ralization "much pleased the people." "The Swedes, for themselves, deputed Lacy Cock to acquaint him, on one oc casion, that they would love, serve, and obey him with all they had, declaring it was the best day they ever saw."1 The following document, termed the "act of settlement," Dec. 17. is without date, but is generally considered as of the same date as the act of union, though it does not appear to be dis tinctly referred to, unless included in the terms " written laws or constitutions," of which the governor promises to send "the original." The object seems to be to provide for certain difficulties arising from the "fewness" ofthe inhabit ants, which rendered it impracticable to form So large an assembly as first proposed, by which their acts would other wise be invalidated. "Act of Settlement made at Chester, 1682.— Whereas, The act of J n 1 • r» settlement William Penn, proprietary and governor ot the provmce ot Pennsylvania and territories thereunto belonging, hath, out of his great kindness and goodness to the inhabitants thereof, been favourably pleased to give and grant unto them a char- 1 Clarkson. Proud. WILLIAM PENN, PROPRIETARY AND GOVERNOR. ter of liberties and privileges, dated the 25th of the 2d month, 1682, by which charter it is said, the government shall con sist of the governor and freemen of the said province, in the The act of form of a provincial council and general assembly ; and that settlement^ the provincial council shall consist of seventy-two members, continued. r , , t t , , to be chosen by the freemen, and that the general assembly may, the first year, consist of the whole body of the free holders, and ever after of an elected number, not exceeding two hundred persons, without the consent of the provincial council and general assembly ; and such assembly to sit yearly, on the 20th day of the 3d month, as in the 1st, 2d, 3d, 6th, 14th, and 16th articles of the charter, reference being there unto had, doth more at large appear. " And forasmuch as this charter was the first of those pro bationary laws that were agreed to and made by and between the proprietary and governor, and freemen, in England, that were purchasers in this province, which said laws, in the whole and in every part thereof, were to be submitted to the expla nation and confirmation of the first provincial council and general assembly that was to be held in this province, as by the title and first law of the said agreement doth plainly appear. " And whereas the proprietary and governor hath, accord ing to that charter, issued out writs to the respective sheriffs of the six counties of this province, to summon the freemen thereof, to choose in each county twelve persons of most note for their sobriety, wisdom, and integrity, to serve in provin cial council, and also to inform the freemen that they might come, for this time, in their own persons, to make up a gene ral assembly according to charter. And that the said respec tive sheriffs, by their returns, have plainly declared, that the fewness of the people, their inability in estate, and unskilful- ness in matters of government, will not permit them to serve in so large a council and assembly, as by the charter is ex pressed, and therefore do desire, that the members now chosen to be their deputies and representatives may serve both for provincial council and general assembly ; that is to say, three out of each county for the provincial council, and the remain ing nine for the general assembly, according to act, as fully and amply as if the said provincial council and general assem bly had consisted of the said numbers of members mentioned in the charter of liberties, upon consideration of the pre- CHARLES II. 617 mises ; and that the proprietary and governor may testify his 1682. great willingness to comply with that which may be most '•—*—•' easy and pleasing, he is willing that it be enacted : " And be it enacted by the proprietary and governor, by The act of and with the unanimous advice and consent of the freemen settlement> «... . -, continued. ot this province and territories thereunto belonging, in pro vincial council and general assembly met, that the numbers desired by the inhabitants in their several petitions, and ex pressed to be their desires by the sheriff's returns to the pro prietary and governor, to serve as the provincial council and general assembly, be allowed and taken, to all intents and purposes, to be the provincial council and general assembly of this province, and that the quorum shall be proportionably settled, according to the method expressed in the fifth article, that is to say, two-thirds to make a quorum in extraordinary cases, and one-third in ordinary cases, as is provided in the said fifth article ; which said provincial council and general assembly so already chosen, are and shall be held and reputed the legal provincial council and general assembly of the pro vince and territories thereof, for this present year, and that from and after the expiration of this present year, the pro vincial council shall consist of three persons out of each county as aforesaid ; and the assembly shall consist oT six persons out of each county ; which said provincial council and general assembly may be hereafter enlarged, as the governor and provincial council and assembly shall see cause, so as the said number do not, at * any time, exceed the limitations ex pressed in the third and sixteenth articles of the charter, any thing in this act, or any other act, charter, or law, to the contrary in anywise notwithstanding. « And because the freemen of this province and territories thereof, are deeply sensible of the kind and good intentions of the proprietary and governor in this charter, and of the singular benefit that redounds to them thereby, and are desir ous that it may in all things best answer the design of the public good, the freemen of the said provincial council and general assembly met, having unanimously requested some variations, explanations, and additions, in and to the said charter, he, the proprietary and governor, hath therefore yielded that it be enacted, "And it is hereby enacted, that the time for the meeting of the freemen of this province and territories thereof, to 78 SI2 618 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. choose their delegates to represent and serve them in provin- ' — ' — ' cial council and general assembly, shall be yearly, hereafter, on the tenth day of the first month ; which members so chosen The act of for the provincial council shall make their appearance, and settlement, • fafr attendance in provincial council, within twenty days continued. & . x , . after their election ; and the said members elected to serve in , general assembly, shall yearly meet and assemble on the tenth day of the said third month, to the end and purposes declared in the charter, and in such place as is limited in the said charter, unless the governor and provincial council shall, at any time, see cause to the contrary. " And whereas it is expressed in the said charter, that the governor and provincial council shall prepare and propose to the general assembly all bills which they shall think fit to pass into laws, within the said province : be it enacted by the authority aforesaid, that the governor and provincial council shall have the power of preparing and proposing to the gene ral assembly, all bills that they shall jointly assent to and think fit to have passed into laws, in the said province and territories thereof, that are not inconsistent with, but accord ing to the powers granted by the king's letters-patent to the proprietary and governor aforesaid, which bills shall be pub lished in the most noted towns and places in the said province and territories thereof, twenty days before the meeting of the general assembly aforesaid. "And for the better decision and determination of all mat- ters and questions upon elections of representatives, and de bates in provincial council and general assembly, it is hereby declared and enacted, &c, that all questions upon elections of representatives, and debates in provincial council and general assembly, in personal matters, shall be decided by the ballot ; and all questions about preparing and enacting laws, shall be determined by the vote. " And that so united an interest may have an united term and style to be expressed by, it is hereby declared and enacted, that the general assembly shall be henceforth termed or called ' The Assembly,' and the meeting of the governor, provincial council, and assembly, and their acts and proceed ings, shall be styled and called ' The meetings, sessions, acts or proceedings of the General Assembly of the province of Pennsylvania, and the territories thereunto belonging.' And that the freemen of this province and the territories thereof, CHARLES II. may not, on their part, seem unmindful or ungrateful to their proprietary and governor, for the testimony he hath been pleased to give of his great good will towards them and theirs, nor be wanting of that duty they owe to him and themselves, The act ot they have prayed leave hereby to declare their most hearty settI?ment, acceptance of the said charter, and their humble acknowledg- 00Iltmued" ments for the same, solemnly promising that they will inviola bly observe and keep the same, except as is herein excepted, and will neither directly nor indirectly contrive, propose, enact, or do any thing or things whatsoever, by virtue of the power thereby granted unto them, that shall or may redound to the prejudice or disadvantage of the proprietary and go vernor, his heirs and successors, in their just rights, proper ties, and privileges, granted to him and them by the king's letters-patent, and deeds of release and feoffment made to him by James, duke of York and Albany, &c, and whom they desire may be hereby acknowledged and recognised the true and rightful proprietaries and governors of the province of Pennsylvania and territories annexed, according to the king's letters-patent, and deeds of release and feoffment from James, duke of York and Albany, unto the said proprietary and go vernor, his heirs and successors, any thing in this act, or any other act, grant, charter, or law, to the contrary of these things herein and hereby explained, altered, limited, promised, declared, and enacted, in anywise notwithstanding."1 We now come to the " Great Law," as passed by the as sembly, so justly celebrated for its provision for " liberty of conscience." "The 'Great Law, or, ihe body of Laws of the province ef Pennsylvania and territories thereunto belonging, passed at an assembly at Chester, alias Upland, the 7th day of the 10th month, December, 1682. "Whereas the glory of Almighty God, and the good of mankind, is the reason and end of government, and therefore Preamble. government, in itself, is a venerable ordinance of God ; and forasmuch as it is principally desired and intended by the proprietary and governor, and the freemen of the province of Pennsylvania, and territories thereunto belonging, to make and establish such laws as shall best preserve true Christians and civil liberty, in opposition to all unchristian, licentious, and unjust practices, whereby God may have his due, Caesar ' Reg. Penns. vol. ii. pp. 156 — 157. 620 1682. Liberty of conscience. Observanceofthe Lord's Day. WILLIAM PENN, PROPRIETARY AND GOVERNOR. his due, and the people their due, from tyranny and oppres sion of the one side, and insolency and licentiousness of the other, so that the best and firmest foundation may be laid for the present and future happiness of both the governor and people of this province and territories aforesaid, and their posterity. — Be it therefore enacted, by William Penn, pro prietary and governor, by and with the advice and consent of the deputies of the freemen of this province, and counties aforesaid, in assembly met, and by the authority of the same, that these following chapters and paragraphs shall be the laws of Pennsylvania and the territories thereof. 1. " Almighty God being only Lord of conscience, father of lights and spirits, and the author as well as object of all divine knowledge, faith, and worship, who only can enlighten the mind, and persuade and convince the understanding of people, in due reverence to his sovereignty over the souls of mankind. It is enacted by the authority aforesaid, that no per son now or at any time hereafter living in this province, who shall confess and acknowledge one Almighty God to be the creator, upholder, and ruler of the world, and that professeth him or herself obliged in conscience to live peaceably and justly under the civil government, shall in anywise be molested or prejudiced for his or her conscientious persuasion or prac tice, nor shall he or she at any time be compelled to fre quent or maintain any religious worship, place, or ministry whatever, contrary to his or her mind, but shall freely and fully enjoy his or her Christian liberty in that respect, without any interruption or reflection ; and if any person shall abuse or deride any other for his or her different persuasion and practice in matter of religion, such shall be looked upon as a disturber of the peace, and be punished accordingly. But to the end that looseness, irreligion, and atheism may not creep in under pretence of conscience, in this province, be it further enacted by the authority aforesaid, that according to the good example of the primitive Christians, and for the ease of the creation, every first day of the week, called the Lord's Day, people shall abstain from their common toil and labour, that whether masters, parents, children, or servants, they may the better dispose themselves to read the Scriptures of truth at home, or to frequent such meetings of religious worship abroad as may best suit their respective persuasions. 2. » And be it further enacted, by the authority aforesaid, CHARLES II. that all officers and persons commissionated and employed in the service of the government of this province, and all members and deputies elected to serve in assembly thereof, and all that have right to elect such deputies, shall be such as profess and Aiiomcersto declare they believe in Jesus Christ to be the Son of God, ^°f^8t*e" and Saviour of the world, and that are not convicted of ill-fame, divinity of or unsober and dishonest conversation, and that are of one ChriBt" and twenty years of age at least. And be it further enacted, by the authority aforesaid, that whosoever shall swear, in their conversation, by the name of God, or Christ, or Jesus, being Profaueness legally convicted thereof, shall pay for every such offence j°hedpim" five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time. 3. " And be it further enacted, by the authority aforesaid, Against tbat whosoever shall swear by any other thing or name, and is 8^™iiy legally convicted thereof, shall, for every such offence, pay half a crown, or suffer three days' imprisonment in the house of correction, at hard labour, having only bread and water for their sustenance. 4. " And be it further enacted, by the authority aforesaid, Blasphemy. for the better preventing of corrupt communication, that who soever shall speak loosely and profanely of Almighty God, Christ Jesus, the Holy Spirit, or the Scriptures of truth, and is legally convicted thereof, shall, for every such offence, pay five shillings, or suffer five days' imprisonment in the house of correction, at hard labour, to the behoof of the public, and be fed with bread and water only, during that time. 5. "And be it further enacted, by the authority aforesaid, cursing. that whosoever shall, in their conversation at any time, curse himself or another, or any thing belonging to himself or any other, and is legally convicted thereof, shall pay for every such offence five shillings, or suffer five days' imprisonment, as 'aforesaid. 6. " And be it further enacted, by the authority aforesaid, Murder pun- 7 " _.:.... ished with that if any person shall, with malice or premeditation, kill, or death and be accessory to the death of another person, man, woman, or ™°^°° child, being legally convicted thereof, shall, according to the law of God and all nations, suffer death; and that the estates of all capital offenders shall go one-half to the next of kin of the sufferer, and the remainder to the next kin of the cri minal. 622 1682. slaughter. AAultery, how pun* ished. Incest. Sodomy. Bape. WILLIAM PENN, PROPRIETARY AND GOVERNOR. 7. " And be it further enacted, by the authority aforesaid, that all persons guilty of manslaughter, or chance-medley, shall be punished according to the nature and circumstance of the offence. 8. " And be it further enacted, by the authority aforesaid, that whosoever defileth the marriage-bed, by lying with another woman or man than their own wife or husband, being legally convicted thereof, shall, for the first offence, be publicly whipped, and suffer one whole year's imprisonment in the house of correction, at hard labour, to the behoof of the pub lic, and longer, if the magistrate see meet ; and both he and the woman to be liable to a bill of divorcement, if required by the grieved husband or wife, within the said term of one whole year after conviction ; and for the second offence, imprison ment in manner aforesaid during life ; and if the party with whom the husband or wife shall defile their beds, be unmar ried, for the first offence they shall suffer half a year's im prisonment, in the manner aforesaid; and for the second offence, imprisonment for life. 9. " And be it further enacted, by the authority aforesaid, that if any person shall be legally convicted of incest, which is uncleanness betwixt near relations in blood, such shall for feit one-half of his estate, and both suffer imprisonment a whole year in the house of correction, at hard labour ; and for the second offence, imprisonment, in manner aforesaid, for life. 10. " And be it further enacted, by the authority aforesaid, that if any person shall be legally convicted of the unnatural sin of sodomy, or joining with beasts, such persons shall be whipped, and forfeit one-third part of his or her estate, and work six months in the house of correction, at hard labour ; and for the second offence, imprisonment, as aforesaid, during life. 11. " And be it further enacted, by the authority aforesaid, that whosoever shall be proved guilty of a rape or ravishment, that is, forcing a maid, widow, or wife, shall forfeit one-third of his estate to the parent of the said maid, and for want of a parent, to the said maid, and if a widow, to the said widow, and if a wife, to the husband of the said wife, and be whipped, and suffer a year's imprisonment in the house of correction, at hard labour ; and for the second offence, imprisonment, in manner aforesaid, during life. CHARLES II. 12. " And be it further enacted, by the authority aforesaid, that whosoever shall be convicted of uncleanness, or commit ting of fornication, that is, if any single man shall defile a single woman, they shall suffer three months' imprisonment in Fornication. the house of correction, at hard labour, and after the expira tion of the said term, shall take one another in marriage, and live as man and wife together ; but if the man be married, he shall forfeit one-third of his estate, and both be imprisoned as aforesaid. And whosoever shall be convicted of speaking an obscene or an unclean word, shall, for every such offence, pay one shilling, or sit in the stocks two hours. 13. "And be it further enacted, by the authority aforesaid, Polygamy. that whosoever shall be convicted of having two wives, or two husbands, shall be imprisoned all their lifetime in the house of correction, at hard labour, to the behoof of his former wife or children, or her former husband or children ; and if a man or woman, being unmarried, do knowingly marry the husband or wife of another person, he or she shall be punished after the same manner aforesaid. 14. "And be it further enacted, by the authority aforesaid, Drunten- that every person disordering and abusing himself with drink neas' unto drunkenness, being legally convicted thereof, shall for the first time, pay five shillings, or work five days in the house of correction at hard labour, and be fed only with bread and water ; and for the second offence, and ever after, ten shil lings, or ten days' labour, as aforesaid. 15. '.'And be it further enacted, by the authority aforesaid, Permitting that they who do suffer such excess of drinking at their n™ eI houses, shall be liable to the same punishment with the drunkard. 16. "And be it further enacted, by the authority aforesaid, Drinking that if any person do drink healths which may provoke peo ple to unnecessary and excessive drinking, being legally con victed thereof, shall, for every such offence, forfeit five shillings, and whosoever shall pledge the same shall be liable to the same punishment. 17. « Whereas divers persons, as English, Dutch, Swedes, H^nm &c, have been wont to sell to the Indians rum and brandy, ^ and such like distilled spirits, though they know the said In dians are not able to govern themselves in the -use thereof, but do commonly drink of it to such excess as makes them sometimes to destroy one another, and grievously annoy and 1682. Arson. House breaking and larceny. Thieves to restore four fold. House breaking. WILLIAM PENN, PROPRIETARY AND GOVERNOR. disquiet the people of this province, and peradventure those of neighbouring governments, whereby they make the poor natives worse, and not better, for their coming among them, which is an heinous offence to God, and a reproach to the blessed name of Christ and his holy religion. It is therefore enacted, by the authority aforesaid, that no person within this province do, from henceforth, presume to sell or exchange any rum or brandy, or any strong liquors, at any time, to any Indian within this province, and if any one shall offend therein, the person so convicted shall, for every such offence, pay five pounds. 18. "And be it further enacted, by the authority aforesaid, that whosoever shall be convicted of wilfully firing any man's house, warehouse, outhouse, barns, stacks or ricks of corn, vessels, or boats, in any part of this province, or territory thereunto annexed, every such offender shall be liable to make satisfaction double the value, and suffer imprisonment for one year in the house of correction, and bear such corporal pun ishment as shall be inflicted by the court of justice of that county where the party offending hath committed the fact. 19. "And be it further enacted, by the authority aforesaid, that if any person shall break into the dwelling-house of any other, to the affrighting of any dwelling therein, and shall intend or offer to take any thing out of the said house, such person convicted thereof shall make fourfold satisfaction, and suffer three months' imprisonment at hard labour, in the house of correction ; and if the party offending be not able to make restitution, he or she shall be imprisoned seven years. 20. " And be it further enacted, by the authority aforesaid, that the lands and goods of thieves and felons shall be liable to make satisfaction to the party wronged fourfold the value, and for want of lands or goods, the thief or felon shall be bondsman- to work in the common prison or workhouse, or otherwise, till the party injured be satisfied. 21. "And be it further enacted, by the authority aforesaid, that if any person shall violently or forcibly enter the house or possessions of any other, being duly convicted thereof, shall be punished as a breaker of the peace, and make such satisfaction to the party aggrieved as the circumstance of the fault will bear. 22. "And be it further enacted, by the authority 'aforesaid, that if any persons, to the number of three, shall meet to- CHARLES II. gether with clubs, staves, or any hurtful weapon, to the terror of any of the peaceable people of this province, and commit, or design to commit any violence or injury upon the person or goods of any of the said inhabitants, they shall be reputed and punished as rioters, and that act of terror and violence, or design of violence,, accounted a riot. 23. " And be it further enacted, by the authority aforesaid, violence to that whosoever shall assault or menace a parent, and shall be *>areilts- duly proved guilty thereof, shall be committed to the house of correction, and there remain at hard labour during the pleasure of the said parent. 24. " And be it further enacted, by the authority aforesaid, violence to that if any person shall ' assault or menace a magistrate, and masistrates- be duly convicted thereof, he shall be fined according to the nature of the fact, and be committed to the house of correc tion, at hard labour, for one month after conviction. 25. "And be it further enacted, by the authority aforesaid, Assauitson that if any servant assault or menace his or her master or masters- mistress, he shall be punished at the discretion of two justices of the peace, so it be suitable to the nature of the offence. 26. "And be it further enacted, by the authority aforesaid, Assault and that any person convicted of an assault or battery committed a ery' by him on another person, he shall be reputed a breaker of the peace, and shall be punished according to the nature and circumstance of the fact. 27. " And be it further enacted, by the authority aforesaid, Giving or ac- that whosoever shall challenge another person to fight, he °h^gae. that challengeth, and he that accepteth the challenge, shall, for every such offence, pay five pounds, or suffer three months' imprisonment in the house of correction, at hard labour. 28. "And be it further enacted, by the authority aforesaid, Against that whosoever shall introduce into this province, or frequent J^'ana such rude and riotous sports and practices, as prizes, stage- riotous plays, masks, revels, bull-baits, cockfighting, with such like, 8ports' being convicted thereof, shall be reputed and fined as breakers of the peace, and suffer at least ten days' imprisonment at bard labour, in the house of correction, or forfeit twenty 29. "And be it further enacted, by the authority aforesaid, ™^e that if any person be convicted of playing at cards, dice, lotteries, or such like enticing, vain, and evil sports and games, such persons shall, for every such offence, pay five 79 3fi 626 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682.- shillings, or suffer five days' imprisonment at hard labour, in ' ' ' the house of correction, &c. 30. "And be it further enacted, by the authority aforesaid, Seditious that if any person shall speak, write, or act any thing tending writings. ^ gg^ion or disturbance of the peace, and be duly convicted thereof, the party so offending shall, for every such offence, be fined according to the nature and circumstance of the fact, provided it be not less than twenty shillings. 31. "And be it further enacted, by the authority aforesaid, speaking dis- that if any person speak slightingly, or carry themselves ofmT^117 abusively against any magistrate, or person in office, being trates. duly convicted thereof, shall, for every such offence, suffer according to the quality of the magistrate, and nature of the offence, always provided it be not less than twenty shillings, or ten days' imprisonment at hard labour, in the house of correction. 32. " And be it further enacted, by the authority aforesaid, slander. that all scandalous and malicious reporters, defamers, and faJseanews.° spreaders of false news, whether against magistrates or pri vate persons, being duly convicted thereof, shall be accord ingly severely punished, as enemies to the peace and concord of the province. 33. "And be it further enacted, by the authority aforesaid, Scolding and that if any person shall be clamorous, scolding, or railing with their tongues, upon complaint, and full proof thereof, before a justice of the peace, the said justice shall, for every such offence, commit such person to the house of correction, and there remain three days at hard labour. 34. " And to prevent clandestine, loose, and unseemly pro- Marriages ceedings about marriage, be it enacted, by the authority encourage . g^ggj^ t]lat ajj marriages not forbidden by the law of God, shall be encouraged, but the parents or guardians shall be first consulted, and the parties' clearness of all other engage ments assured by a certificate from credible persons ; and the To be pub- marriage shall be published before it be solemnized, and it Howtobe s^a^ ^e s°lemnized by taking and owning one another as celebrated, husband and wife, before sufficient witnesses, and a certificate of the whole, under the hands of parties and witnesses, shall be brought to the proper register of the county where they are married, and shall be registered in his office. 35. " And be it further enacted, by the authority aforesaid, that no person, be it either widower or widow, shall contract CHARLES II. 627 marriage, much less marry, under one year after the decease 1682. of his wife or her husband. ' — . — ¦ ' 36. "And be it further enacted, by the authority aforesaid, that if any person shall fall into decay and poverty, and be Provision &r unable to maintain themselves and children, with their honest ^ehpa^ran<1 endeavour, or who shall die and leave poor orphans, that upon complaint to the next justices of the peace of the same county, the said justices, finding the complaint to be true, shall make provision for them, in such way as they shall see convenient, till the next county court, and that then care be taken for their comfortable subsistence. 37. "And to prevent exaction in public houses, be it fur- Price of beer ther enacted by the authority aforesaid, that all strong beer, and ale" and ale made of barley malt, shall be sold for not above two pennies a full Winchester quart ; and all beer made of mo lasses shall not exceed one penny a quart. 38. " And to prevent fraud in measure, and to reduce all weights and foreign measures here to the English standard, be it further mB*!fures ™ enacted, by the authority aforesaid, that the measures of this province shall be according to the standard of weights and measures in England, that is to say, a bushel shall contain eight gallons, according to the Winchester measure, and all weights to be avoirdupois, which hath sixteen ounces to the pound, within three months after the first session of this 39. "And be it further enacted, by the authority aforesaid, Licenses for that no person presume to keep an ordinary without a license ^Btm first obtained of the governor ; and to the end that all travel- meais; &c. lers, and such as are not housekeepers, may be reasonably accommodated, in places where ordinaries now are, or shall be hereafter erected, no such keeper of such ordinary shall demand above six pennies a meal by the head, which meal shall consist of beef or pork, or such like produce of the coun try, and small-beer ; and of a footman he shall not demand above twopence per night for his bed ; and of a horseman nothing, he paying six pennies a night for his horse's hay. 40. "And be it further enacted, by the authority aforesaid, Days and that the days of the week, and the months of the year, shall ^J^ m be called as in Scripture, and not by heathen names, (as are vulgarly used,) as, the first, second, and third days of the week ; and first, second, and third months of the year, &c, 628 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. beginning with the day called Sunday, and the month called *-"""— ' March. 41. " And be it further enacted, by the authority aforesaid, courts of to the end that justice may be faithfully and openly done, latea" IegU according to law, that all courts of justice shall be open, and justice shall not be sold, denied, nor delayed ; and in every county there shall be one court erected, to which the inhabit ants thereof may every month repair for justice, and in case any person shall hold himself aggrieved by the sentence of the said county court, that such persons may appeal to the pro vincial court, which shall sit quarterly, and consist of not less than five judges, the appellant giving security for the charges of the suit; and no further appeal to be admitted: till the appellant deposit in court the sum he is condemned to pay, and give security, in case he be cast by the last juris diction, which shall be the provincial council. ,42. " And be it further enacted, by the authority aforesaid, Parties may that in all courts, all persons, of all persuasions, may freely themselves aPPear> In their own way, and according to their own manner, and there personally plead their own cause themselves, or if unable, by their friends, and the first process shall be the ex hibition of the complaint in court, fourteen days before the trial, and that the defendant be prepared for his defence, he or she shall be summoned, no less than ten days before, and a copy of the complaint delivered him or her, at his or her dwelling-house, to answer unto ; but before the complaint of any person shall be received, he or she shall solemnly declare in open court, that he or she believes, in his or her conscience, his or her cause is just; and if the party complained against shall, notwithstanding, refuse to appear, the plaintiff shall have judgment against the defendant by default. 43. "And be it further enacted, by the authority aforesaid, witnesses to that there shall be two credible witnesses in all cases, in order truth." to judgment, and all witnesses coming or called to testify their knowledge in or to any matter or thing, in any court, or before any lawful authority within the said province, shall there give or deliver in their evidence or testimony, by so lemnly promising to speak the truth, the whole truth, and nothing but the truth, to the matter or thing in question; raise wit- and in case any person so called to evidence, shall afterwards nessos, how -, ..«.«« punished. be convicted of wilful falsehood, such person shall suffer and undergo such damage or penalty as the person or persons CHARLES II. against whom he or she bore false witness, did or should un dergo, and shall also make satisfaction to the party wronged, and be publicly exposed for a false witness, never to be ¦credited again in any court, or before any magistrate in the said province ; and whosoever shall be convicted of lying in conversation, shall, for every such offence, pay half a crown, or suffer three days' imprisonment in the house of correction, at hard labour. 44. "And be it further enacted, by the authority aforesaid, Eecords to that all pleading processes and records in court, shall be short, be in Ens" and in English, and in an ordinary and plain character, that they may be easily read and understood, and justice speedily (administered. 45. "And be it further enacted, by the authority aforesaid, Juries. that all trials in civil cases shall be by twelve men, and as near as may be, peers or equals, and of the neighbourhood, and men without just exception ; and in criminal matters Of life, there shall be first twenty-four returned by the sheriff, for a grand inquest, of whom twelve at least shall find the complaint to be true, and then forty-eight shall be likewise returned by the sheriff, of whom twelve shall have the final judgment, but reasonable challenges shall be always admitted, against any or all of them. 46. " And be it further enacted, by the authority aforesaid, Fines mode- that all fines shall be moderate, saving contenements, mer- rate' chandise, Or wainage, which is to say, the furniture of their calling and means of livelihood. 47. "And be it further enacted, by the authority aforesaid, Fee and that all fees and salaries in all cases, shall be moderate and ^beta^ limited by the governor and assembly, and be hung up in a up. table in every respective court ; and whosoever shall be con victed of taking more, shall pay twofold, and be dismissed his employment, one moiety of which shall go to the party wronged. And that all persons convicted of bribery and ex tortion shall forfeit double the same. 48. "And be it further enacted, by the authority aforesaid, Debtors and for avoiding of numerons suits, if two men, dealing together, " be indebted to each other upon bills, bonds, bargains, or the like, provided they be of equal truth and clearness, the de fendant shall, in his answer, acknowledge the debt which the plaintiff demandeth, and" defaulk what the plaintiff owes to him upon the like clearness. r 3a2 creditors. 630 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. 49. "And be it further enacted, by the authority aforesaid, v — ' — ' that if in case any man arrest another going out of the pro vince, he shall be ready with his declaration and evidence-the Arrest of, next day, and shall put in security to pay the charges and persons damages sustained by the party arrested, if he shall be found leaving the ° * * " ' province, in the wrong. 50. "And be it further enacted, by the authority aforesaid, observance that all bargains, promises, and agreements, about buying and of contracts. semI1gj being made appear by sufficient evidence, shall stand good and firm, and such as shall violate the same, he or she shall, for every such offence, pay twice the value to the party wronged. 51. "And be it further enacted, by the authority aforesaid, charters, to prevent frauds and vexatious suits within the said province, S be regis'- aU charters, gifts, grants, and conveyances of land, (except tered or en- leases for a year or under,) and all bills, bonds, and special ties above five pounds, and not under three months, made in the said province, shall be enrolled or registered in the pub lic enrolment-office of the said province, within the space of two months next after the making thereof, else to be void in law ; and all deeds, grants, and conveyances of land, (except as aforesaid,) within the said province, and made out of the said province, shall be enrolled or registered as aforesaid, within six months next after the making thereof, and settling and constituting an enrolment-office or registry within the said province, else to be void in law against all persons what soever ; and in case the deeds of purchase in England, made of lands in this province, should be lost by the way, and so cannot be registered, copies of the deeds, attested by a pub lic notary, shall be of equal force therein. 52. "And be it further enacted, by the authority aforesaid, Force of that all wills in writing, attested by two sufficient witnesses, cases of &&& ^e °^ tne same force as to land, as other conveyances, lands. being legally proved within forty days, either within or with out the said province. 53. "And be it further enacted, by the authority aforesaid, Testators to that the will of no person shall be of force that is not in his mentis*03 or her right mind, and usual understanding, at the making thereof. 54. " And be it further enacted, by the authority aforesaid, intestate's that the estates of intestates shall go to the wife and to the estates. , . © children, and if no wife be living at the time of death, all the CHARLES II. estate shall go to the children, and if no children, one-third to the governor, and two-thirds to the next of kin. 55. " And be it further enacted, by the authority aforesaid, that there shall be a registry for births, marriages, burials, Kegisters of , wills, the names of executors, and guardians, and trustees, birUia' &c- and letters of administration, distinct from the other registry. 56. "And be it further enacted, by the authority aforesaid, Respecting that servants shall not be kept longer than their time, and serTants> &c- such as are careful shall be both justly and kindly used in their service, and put in fitting equipage at the expiration thereof, according to custom ; and such as run away and serve not their time, when caught shall serve twice the time he or she was absent, and pay the charges, or serve out the value after their time is expired ; and if any master abuse his ser vant, on complaint to the next justice of the peace, he shall take care to redress the said grievance. 57. " And be it further enacted, by the authority aforesaid, t0 be regis- that there shall be a registry for all servants, where their terea' names, time, wages, and days of freedom or payment, shall be registered. 58. "And be it further enacted, by the authority aforesaid, Against un- that all factors or correspondents in this province, wronging their employers, shall make satisfaction, and one-third over, to their said employers ; and in case of the death of any such factor or correspondent, the committee of trade shall take care to secure so much of the deceased party's estates as be longs to his said respective employers. 59. " And be it further enacted, by the authority aforesaid, Defacing in- that all defacers or corruptors of charters, gifts, grants, struments- bonds, bills, wills, contracts, or conveyances, or that shall •deface or falsify any enrolment, registry, or record, within this province, shall make double satisfaction for the same, half whereof shall go to the party wronged, and they shall be dismissed of all places of trust, and be publicly disgraced as false persons. 60. "And be if further enacted, by the authority aforesaid, Lands and that all lands and goods shall be liable to pay debts, except ^^Me where there be legal issue, and then all goods, and one-half of the land only, in case the land was bought before the debts were contracted. 61. "And be it further enacted, by the authority aforesaid, Bail to be that all prisoners shall be bailable, by sufficient sureties, un faithful fac tors. taken. 632 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. less in capital offences, where the proof is evident, or the pre- ' — ' — ' sumption great ; and every quarter of a year there shall be a jail delivery in every county, where imprisonment is not the punishment. 62. " And be it further enacted, by the authority aforesaid, Prisons to be that all prisons shall be workhouses for felons, thieves, va- workhouses. grantSj an(j loose, abusive, and idle persons, whereof one shall be in every county. 63. "And be it further enacted, by the authority aforesaid, Prisoners to that jailer s shall not oppress their prisoners, and that all pri- wen treated. gons ghajj De free as to room, and all prisoners shall have liberty to provide themselves beddin'g, food, and other neces saries, during their imprisonment, except such whose punish- Faise impri- ment by law will not admit of that liberty. And be it further eonment. enacted, by the authority aforesaid, that any person wrong fully imprisoned shall have double damages against the in former or prosecutor. 64. "And be it further enacted, by the authority aforesaid, Explanation that as in divers laws the penalty of the offences is thus ex- of penalties. i ... , • p .¦,•/» pressed, either a certain sum ol money, or certam time ot imprisonment at hard labour, in the house of correction, it shall be left to the choice of the civil magistrate which of the punishments he will inflict upon the person so offending. That whosoever shall know any of the aforementioned offences, informers, and inform the civil magistrate thereof, shall have one-third of the fine, and if any one shall conceal such person, he or she shall pay half the fine due from the guilty person. 65. "And to the end that it may be known who those are who are that in this province and territory thereunto belonging, have entitiedto11 right of freemen, to choose or be chosen, and with the pro- vote, 4c. prietary and governor, make and enact laws, that every inha bitant of the said province and territories annexed, that is or shall be a purchaser of one hundred acres of land, and hath seated the same, his heirs and assigns, and every person who shall have paid his passage, and taken up one hundred acres of land, at one penny an acre, and hath seated the same ; and every person that hath been a servant or bondsman, and is free by services, that shall have taken up his fifty acres of land, and seated the same ; and every inhabitant, artificer, or other resident in the said province, that pay scot and lot to the governor, shall be deemed and accounted a freeman- of this province and territory thereof, and such only shall have CHARLES II. right of- election, or being elected to any service in the go vernment thereof. Provided also, and be it further enacted, by the authority aforesaid, that all persons holding any office in this province, or the territories thereunto belonging, or Proviso: that hath or shall have right to choose or be chosen members °S^£a in assembly, shall be such as shall first subscribe this follow- declaration. ing declaration : ' I, A. B., do hereby freely acknowledge, and solemnly declare and promise fidelity and lawful obe dience to William Penn, son and heir of Sir William Penn, deceased, and his heirs and assigns, as rightful proprietary and governor of the same, according to the king's letters- patent, and deeds of grant and feoffment, from James, duke of York and Albany, &c. ; and that I will never act nor do, by word or deed, directly or indirectly, any thing, nor con sent to, nor conceal any person or thing whatsoever, to the breach of this solemn engagement. In witness of which, I have hereunto set my hand, this -. day of , in the year . A. B.' 66. "And that all elections may not be corruptly managed, Purityof upon which the present and future good of the province so eleotions- much depends, that all elections of members or representatives of the people and freemen of the province of Pennsylvania and territories annexed, to serve in the assembly thereof, shall be free and voluntary, and that the elector that shall receive any reward or gift in meat, drink, moneys, or other wise, shall forfeit his right to elect such ; and such persons as shall give, promise, or bestow any such reward as afore said, to be elected, shall forfeit his election, and be thereby incapable to serve as aforesaid. And the assembly shall be So}e judges of the regularity or irregularity of the elections 0,f the members thereof. 67. "And that the people may be fully secured in the en- no taxes or joyment of their property, be it further enacted, by the Z\^i authority aforesaid, that no money or goods shall be raised out by law. upon or paid by any of the people of this province and terri tories annexed, by way of a public tax, custom, or contribu tion, but by a law for- that purpose, made by the government an,d freemen of the said province and territory thereof; and Whosoever shall levy, collect, receive, or pay any money or goods contrary thereunto, shall be held and punished as a public enemy to the province, and a betrayer of the liberty 80 634 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. of the people ; and that no public tax at any time shall con- ' — " — ' tinue longer than the space of one whole year. 68. " And be it further enacted, by the authority aforesaid, laws to be that the laws of this province, from time to time, shall be and'printed published and printed, that every person may have the know- and taught ledge thereof; and that they shall be one of the books taught sc °° in the schools of this province and territory thereof. 69. "And be it further enacted, by the authority aforesaid, other mat- that all other matters and things not herein provided for, nxed^the which snaU and may concern the public good, justice, peace, governor and safety of the said province, and the raising and imposing 1J ' taxes, customs, duties, or other charges whatsoever, shall be, men. and are hereby referred to the order, prudence, and deter mination of the governor and freemen of the said province, from time to time."1 After the meeting of the assembly, at Chester, Penn set Penn's visit out on the 11th ; at West Biver, he met his lordship, attended timore. suitable to his character, " who took occasion, by his civili ties, to show him the greatness of his power." The next day he had a conference respecting the bounds, " at the same ta ble with our respective members of council." Penn presented to Lord Baltimore "the king's letter," on the subject of the boundaries, in which Lord Baltimore said the king was mis taken. The conference only resulted in an appointment to meet again in the spring.2 Tradition, as well as historians, poets, and painters, have Penn's informed us, that about this period, a treaty between William Eim Tree. Penn and the Indians was held at Shackamaxon. Great dif ference of opinion has existed as to the object of it, some asserting that it was for the purchase of lands, and others that it was intended as a league of friendship between the parties. If it had been for the purchase of lands, they say we should have some recorded memorials of it, or if a treaty at all, the written narrative of it would have descended to us, as in other cases of a similar nature ; hence, in the ab sence of both, the conclusion has been arrived at by some, that no such treaty or conference did take place. The His torical Society, desirous that so interesting an event, and one which has gained for our founder so much celebrity and praise, 1 These laws are recorded in an old book in Secretary's office at Harris burg, and also transcribed on a long roll of parchment. 2 Penn's Letter to Lords of Plantations. CHARLES II. „„- 635 should no longer remain in doubt, several years since ap- 1682. • pointed a committee1 to collect all the facts, and investigate w^ the subject as far as at this late period could be done. The re sult of their labours was a very able report, taking a view of Penn's the whole ground, and embracing almost all that has been Treaty" said or written on the subject. It is printed in the Society's Memoirs, vol. iii. part 2, page 143, to which we refer those who are desirous of information respecting it. It shows con clusively, and satisfactorily, as the author thinks, that such a treaty or conference did take place, probably in November, 1682, at Shackamaxon, under the Great Elm Tree, which was blown down in 1810, the position of which is now desig nated by a marble obelisk, erected by the Penn Society. The treaty was probably made, according to the committee, with the Lenni Lenape or Delaware tribes, and some of the Sus quehanna Indians; that it was "a treaty of amity and friendship," and perhaps confirmatory of one made previously by Markham. In the concluding language of the report, therefore, " we hope that the memory of the Great Treaty, and of our illustrious founder, will remain engraved on the memory of our children, and children's children, to the end of time." We would refer also to vol. i. of Clarkson's Life of Penn, who enters largely into the subject, giving even the speeches made, and a description of Penn's dress. He says that the blue sash worn by Penn at the time, was, when he wrote, still in existence. Also to Memoirs by John F. Watson, in same vol. of Memoirs, p. 129 ; and another by Roberts Vaux, in vol. i. page 79 ; also to the Histories of Proud and Gordon, and Watson's Annals. Although much of fancy may be found in some of these, they serve to show the interest taken by all writers in the event. Voltaire says, that this is » the only treaty which was never sworn to, and never broken." West has immortalized it with his pencil. Captain BrockhoUs, in a letter of this date, to Sir John Deo.28. Werden, says, " I received yours of 24th August past, the captain 4th December, but too late to assist or serve William Penn f™^"1^ in giving possession of what his royal highness has been johnwer- pleased to grant him ; being before possessed thereof by the fne^™; persons empowered in the body of the deeds, which Mr. Penn, Penn being having since been here, hath shown and recorded; am ready £ th7terri* 1 P. S. Duponceau and J. Francis Fisher. *°ries- 638 WILLIAM PENN, PROPRIETARY AND GOVERNOR. 1682. to obey all his royal highness's commands, and serve his in- ' — ' — ' terests, but fear what is left of his province not able to defray the charge."1 Penn commissions, under his hand and seal, the justices Dec. a. of the peace of Kent and other counties, ordering and ap- Pennin- pointing them, in open court, to receive all petitions from couUrtrthe persons wanting to take up lands amongst them ; to grant specting warrants to the surveyor to measure the same ; not to exceed Townships ^OO acres to a master of a family, nor 100 to a single person, to be laid off. at one single penny per acre, or value thereof in the produce of the country, which done, surveyor to make his return into my secretary's office. All lands formerly granted, and not taken up and settled within the time limited by the methods of your own court, shall be accounted vacant lands. All persons, for the future, that shall have grants, shall be limited to seat in a year, else the grants to be void. Endeavour to seat the lands by way of townships, as 3000 acres among ten families ; if single persons, 1000 acres among ten of them, laid out in a long square, five or ten of a side, and a way of 200 feet broad left between them, for a highway, in the town ship, for the future good and great benefit of the country.3 " A large ship of 550 tons burden arrived in West Jersey, a ship of which got aground in Delaware Bay, where, after laying eight rives, with days, by a favourable wind and tide, got off, and landed her S5o passen- passengers, being 360, between Philadelphia and Burlington, ashore. on the Jersey shore. Their provisions being nigh gone, they Kindness of sent ten miles, to an Indian town near Rancocas Creek, for them. Indian corn and pease. The king of this tribe being there, treated them" kindly, and directed such Indians as had pro visions to bring them in next morning, who accordingly brought plenty, which being delivered and put in bags, the messengers took leave of the king, who kindly ordered some of the Indians to carry these bags for them to their canoes."8 Having completed the first part of our plan, by tracing the settlements on the Delaware from their commencement, and placed William Penn in full possession of his territory and government, we here close our volume, and are now pre pared to enter upon the details of our future history. i New York Records, in Breviat. 2 Kent County Records. New Castle Records, in Breviat. 3 Smith's New Jersey, p. 150, APPENDIX. [No. 1.] . Since printing the instructions from William Penn to his commissioners, on page 531, we have received from the Land-Office, at Harrisburg, through the kindness of Col. Crain, the fol lowing commission and instructions to other commissioners, of a later date, partly for the same purpose. It will be observed that they refer to instructions dated 14th October, 1681, which we have not yet been able to find; being only about two' weeks later, they probably did not vary much from those on page 531, if indeed the same, dated September 30, 1681, be not referred to. It will be observed, Ukewise, that in the present instance, the name of William Haige is added to the others. "William Penn, proprietary and governor of Pennsylvania, greeting, to his trusty and well- beloved friends, William Crispin, William Haige, John Bezer, and Nathaniel Allen : — These are to authorize and appoint you my commissioners, in my name fully and effectually to act whatever may be requisite for settling the present colony embarked this autumn at London and Bristol, for Pennsylvania, and all other adventurers, with respect to the survey and allotment of every man his share, according to the catalogue of purchasers, and the instructions that are herewith given to you ; for all which, this shall be your sufficient warrant and authority. Given under my hand and seal, at London, in the kingdom of England, this five and twentieth day of October. in the year of our Lord, according to the EngUsh account, one thousand six hundred eighty and one. William Penn. [l. s.] " The present duty of the commissioners is to lay out ten thousand acres for a town, in which the purchaser or purchasers of every five thousand acres shaU have one hundred acres j and that the town shares be laid out together, according to this catalogue, and the contiguousness of the counties of the purchasers belong to. And I do further order, that the last part of this town be laid out for the present purchasers ; and for the rest, I refer to my instructions dated the 14th of October, 1681. William Penn."1 [No. 2.] The foUowing is the list referred to in the directions of WilUam Penn to Philip Ford, on page 676, and which immediately foUows them. We copy it from a paper in the Land-Office, endorsed "List of Purchasers, 22d March, 1682, (left by Isaac Brown,) with order to PhiUp Ford." This date evidently ought to be 22d May, or third month, (0. S.) Holme was not ap pointed tiU April. "An account of the lands in Pennsylvania granted by WilUam Penn, Esq., chief proprietary and governor of that province, to several purchasers within the kingdom of England, Ireland, and Scotland, &c. Philip Eord 5,000 Thomas Rudyard 2,000 The same 2,000 Harbert Springet 1,500 10,500 [2.] James Claypoole 5,000 John Moore, Joseph Moore 1,000 Sabian Cole 1>000 Thomas Baker ^OOO Hnmphrey South 1,000 Samuel Jobson -1,000 10,000 [3.] Edward Jefferson 1,500 Thomas Scot 500 John Goodson 500 John Beckly 250 Daniel Quare 250 John Stringfellow 250 Richard Townsend 250 Caleb Pusey 250 John Hicks 250 Edward Blake 250 William Moore 500 Henry Sleighton 250 John Pusey 250 Thomas Virgo 500 Thomas Burbary i 250 l From the Record in Book AA, page 139. 3 H **>i 638 APPENDIX. John Allington 250 Richard Jordan 250 Samuel Benet 250 Thomas Cobb 250 JohnTibbey 250 EUzabeth Shorter 250 Amos Nickols 250 John Barber 250 Jonathan Stanmore 250 John Spencer 125 Mark Keywton 125 Edward Crow 250 WiUiam Boswell , 500 Edward Simkins 250 M 9,500 Thomas Farnborrow 5,000 Hugh Chamberlaine 5,000 [5.] 10,000 Nicholas Moore 10,000 [6.] WiUiam Bowman 5,000 Griffith Jones 5,000 [?•] 10,000 WiUiam Kent 1,250 Benjamin East 1,250 Charles Bathurst 1,250 John Toovey 1,250 WilUam PhiUp, Joseph his son 1,250 Nathaniel Harding. ...5001 ¦ , nnn WiUiam Carter 500J ls Francis Harrison 250) John Carver 500J John Swift 500) 1000 WiUiam Lawrence 500 J ' .750 9,000 [8.] ^Robert Dimsdale 5,000 ) v .nft *Hugh Lambert 2,500 J '' Thomas Rudyard 1,000 ) . ,„„ Harbert Springet 500 J 1,ouu WiUiam Busel 1,000 [9.] 10,000 WiUiam Markham 5,000 Henry Waddy 750 John Day 1,250 Francis Plumsted 2,500 WiUiam Haige 500 [10.] 10,000 George Fox 1,250 Alexander Parker. 1,000 Robert Lodge 500 John Buryeat 500 Thomas Zachary 500 James Parks 500 Thomas Longhorn 250 Thomas Lawson 250 Christopher Taylor 5,000 A. B 250 10,000 [11.] WilUam Bacon 10,000 [12-] Nathaniel AUen 2,000 JohnHartt. 1,000 Henry Comley 500 WiUiam Smith 500 James Wallis 1,000 Richard Coslet 1,000 Edmond Benet. 1,000 WiUiam Smith Mariner 1,000 Margaret Martindel 1,000 John Love 1,000 10,000 [13.] Charles MarshaU 1,000 Charles Jones 1 „ .... Charles Jones, jun. J » Robert Vickris... } „ ... Richard Vickris. J z'm[' John Moon 500 WiUiam Brown 1,000 Charch Harford 1,000 Richard Sneed 1,500 John Jones 1 , .. Michael Jones... j i,ouu 10,000 [14.] Richard Marsh 5,000 The same 5,000 10,000 [15.] Thomas CaUowhiU 5,000 The same 500 Nathaniel Evans 500 Thomas Pagget. 500 Thomas PaschaU 500 Joan Dickson 500 James Petre 500 John Jennet. 500 Roger Drew 500 Edward Erberry 500 WiUiam Lane 500 10,000 [16.] Edward Martindel 1,000 Philip Th. Lehnman 1,000 Arnold Brown 1 WiUiam Cole 1 . ... N Y 5,000 n :::::::::::::::::::::: j Peter Young 500 Thomas BaUey 250 Joel Jelson v 250 John Bristow 500 Thomas Priggs 500 George Keith 500 A. B 500 10,000 APPENDIX. 639 [17.] George Powell 500 John Clare 500 John HiU 500 Christopher Forford 500 William Beaks 1,000 Samuel AUen 2,000 Walter King 1,000 John Passons and Abram Hooper 500 Thomas Plaice 250„ Richard Mills 250 WiUiam AUoway 250 Francis Harford 250 John WaU and John WaUis 250 John Coats 1,000 Richard CoUins 1,250 [18.] 10,000 5 White 2,500 John Sansom..] _„„ John May J ouu George Green 2,000 Francis Smith 5,000 [19.] 10,000 John Barber 2,500 Thomas Rowland 2,500 Thomas Adams 1,250 John Songhurst.. 1 2 250 John Burns J Thomas Banks 1,250 WiUiam Wade 1,250 [20.] 10,000 John Willard 1,250 PrisciUa Sheppard 500 Sarah Barsnet 500 Israel Branch 500 Elizabeth Sims 500 Thomas Brown 1,250 Walter Martin 500 Thomas Harriot 2,500 The same 2,500 10,000 [21.] Thomas Dell 500 John Penington 1,250 WiUiam Penington 1,250 Edward Penington 1,250 Mary Penington 1,250 Thomas EUwood '500 Thomas Cobourn 500 Alexander Beardsly 500 John Price. 500 WiUiam Pardo 1,250 Francis Fincher 1,250 10,000 [22.] Charles Lloyd 1 5,000 Margaret Davis ...J Richard Davis ¦¦5'000 10,000 [23.] WiUiam Jenkins j 000 John Poyer 750 WiUiam Mordant 500 John Burge 750 John Bevin 750 WiUiam PoweU 1,250 Lewis Davis 3,000 Morris Lenholme 500 JCiSBma.gimons „5JLL John Bevm 2,000 Edward Prichard 2,500 [24.] 13,500 WiUiam Bringley ~ 500 Anne OUve 500 John Hart. 1,000 Joseph Richards 500 Joshua Hastings 1,000 Robert Adams 500 John Harper 500 Richard Hands 1,000 JohnHewes '..500 WiUiam CeciU 250 Edwards Walter 250 Thomas Serey 500 Edward Betrice 2,000 Thomas Minchin 500 John March 1,000 John Ap John....) John Winn J ' John Thomas....) Evan Jones 5 [25.] 10,000 [26.] ...5,000 ...5,000 10,000 Ralph Withers 500 John Bezer 1,000 John Clerk 500 Isaac Self ) Edward Guy. 5 Edward Luff. ) .500 .500 e,jun..j ,.500 ..500 John Luff.. Richard True.. Richard True, John Brothers.. Robert Sergei.. Edward Bezor 500 Anthony Elton 500 Edward Brown 500 Daniel Smith 500 John Harding 500 John Gibbon 500 WiUiam Smith 1,250 Samuel Noise .' 500 Thomas Sagar and Susannah BaUy 500 John Buckley 250 WiUiam Withers 500 [27.] 10,000 George Andrews 250 William Sute 500 Francis Smith 500 Ann Crawley. 500 640 APPENDIX. Robert Summers 500 Robert Stephens 500 Thomas Gerish 500 WilUam Clouds 500 OUver Cope 500 Enoch Flower 2,000 John Retye, (9th of 7th month, 1681) 250 John Bunts ¦ 250 John Kinsman 500 William Hitchcock 500 WiUiam Bezer. 250 Thomas Hatt 500 James HiU 500 Thomas Haywood 250 A. B 1,250 10,000 [28.] John Boy 1,000 Jane May 250 Edward Edwards 250 Robert France 250 PhiUp Runing 250 WiUiam Bayly. 500 Henry Bernard 250 JohnCoUet 500 Nathaniel Pask 250 WiUiam Neale 250 Edward Jefferies, (22d October, 1681) 500 WiUiam Isaac, (20th March, 1681) 500 Daniel Smith 2,000 Edward Blardman 1,000 Edward Bayly 250 A. B 1,000 WiUiam Lowther... Margaret Lowther. John Lowther. Charles Lowther... [29.] :* - ::} - 9,000 .5,000 ..5,000 [30.] 10,000 WiUiam Crispin....} Silas Crispin.......,.} 5'000 Benjamin Chambers 1,000 James Hunt 1,000 John Chambers 500 Henry Green 500 Peter Bland 500 Samuel Fox 1,500 [31.] 10,000 Lawrence Growden 5,000 Joseph Growden 5,000 WiUiam Penn, jun... Lfictitia Penn [32.] 10,000 .10,000 [33.] Joseph Martin 5,000 James LyeU 5,000 10,000 [34:] George Whitehead 5,000 WilUam Gibson 5,000 Richard Webb 1,000 Leonard FeU 250 Richard Richardson 250 Nathaniel Bromley 2,000 John Reynolds 1,000 WiUiam Tanner 500 John Tanner 500 Joseph Tanner 500 Robert Greenway 1,500 Francis Bourough 1,000 Edward West 1,000 [35.] 10,500 Richard Gunton sold to Rich. Haslegrove..l,000 BasUion Foster. 1,000 Dugel Garmel 1,650 John West 1,250 Ralph Kinsey 125 Thomas PoweU 250 Ralph Ward 125 PhiUp Alford 125 Samuel Atkinson 125 GUbert Mace 500 James Boyden 1,000 Richard Wooler 500 Isaac Martin 500 Nehemiah MitcheU 250 Francis Dove 500 Edward Samway. 500 WiUiam Wiggins 500 A. B 150 [36.] 10,000 The Society of Traders 10,000 [37.] The same Society of Traders 10,000 [38.] Thomas EUwood et ux 1,000 Henry Child 500 ) r nnn Amy Child 500 J ' Henry Child 500 Thomas Saunders 500 John Kison 500 Richard Heming 250 Robert Jones 500 John Geary 500 Henry Geary 500 John King 1,000 Henry Paxton 500 Henry Palling 1,000 John Martin 500 Richard Baker 1,000 William Ashby 500 Robert Dunton 500 Thomas WooUe 250 9.] 10,500 Samuel Carpenter 5,000 Abraham Pask 1,250 Richard Amor and WiUiam Amor. 250 WiUiam Bryon and John Wisdom 500 APPENDIX. Richard Worrell 500 Kohert Knight 2,500 [40.] 10,000 TbomSs Rowland X 000 Eobert Taylor..,, 1,000 William Taylor and Peter Taylor '.1,250 George Glean 125 John Edge 125 Randal MayUu 250 Thomas Vernon 625 Ro"bert Vernon 625 Thomas MinshaU , 625 Thomas Powell 500 Randall Croxton 250 AUen Robinet 250 Henry Maddock....} James Kennedy..../ 1'600 John Sharpless 1,000 JohnNeild 250 [41.] 10,000 Joseph Powell 250 Jane Lownds 150 John Worrell 250 Thomas Cross 250 George Pownel 1,000 Matthew Grange 100 Shadrach WaUy 250 John Nickson 500 Shadraeh Weleh 500 John Clows 1,000 John Peirce 250 William Charly 500 William Bostock 500 Joseph HaU 500 James Duke 250 John Hoskins 250 Thomas Kinsley 250 John Brook 1,000 Charles Pickering 1,000 John Brown 250 Peter Worrel and Joshua Worrel 500 Thomas Buckley and Samuel Buckley 500 / [42.] 10,000 Thomas Brassey 5,000 JohnSimcoek 5,000 [43.] 10,000 John Alaop '....' 1,000 Thomas Wooldridge 1,000 Josiah Ellis 1,000 WilUam Yeardley f. 500 John Hitchcock and Thomas Barret 875 Bartholomew Coppoek., 250 Joseph Milner and Daniel Milner 250 Richard Crosby 1,000 Joseph Ketlemore 125 Peter Leicester. ....125 Bartholomew Coppoek , 500 George Simcock 500 JohnSimcoek 2,875 10,000 641 [44.] James Harrison 5 000 Cutbert Hurst '500 Henry Bayly .".'.'.'.'.'. 1^500 John Shears ; 1 000 Thomas Crosdel 1 000 Nicholas Wain , 1,'000 [45.] 10,000 Robert Turner 5,000 Joseph Fisher 5,000 [46.] 10,000 George Rogers 2,500 Francis Rogers 2,500 Samuel Claridge 5,000 [47.] 10,000 Thomas Holms 5,000 George Shore 5,000 [48.] 10,000 William Sherlow 5,000 John Blunston 1,500 Michael Blunston 500 Luke Hank 500 Thomas Whitley 500 Joshua Fenn 500 Edmond CarUidge 250 Joseph Potter 250 George Wood 1,000 Thomas Worth 250 John Oldham 250 Samuel Bradshaw 500 .5,000 11,000 [49.] Solomon Richards"! Arthur Parrin 1 John Napper j John Dennison J Sarah FuUer 1,000 Elizabeth Lovet 250 John Rowland 1,250 Edward Buekman 1 onn Thomas Buekman J Henry Killingbeck 1,000 JohnBish 1,000 A. B 200 10,000 81 [50.] James DUworth 1,000 Robert Halgate 250 JohnBurchal 500 Thomas Morris 500 Edward West 1,000 Daniel Mi'dlecut 400 John Jones 500 Roger Beck 500 Richard Hunt 500 John Sumbers 500 Robert Turner 1,000 3h2 642 APPENDIX. William Lloyd 2,000 A. B 350 10,000 [51. WiUiam Stanley 5,000 Thomas PhiUps 1,000 .Richard Pierce 1,000 James Craven 1,000 Samuel Tavernier 1,000 Thomas Pierce 1,000 10,000 [52.] WiUiam Clerk 500 Sarah Woolman 250 George Palmer 5,000 AUen Foster 1,100 John Stevens 250 John Mason 1,000 Richard Thatcher 1,000 A. B 900 10,000 [53.] Edward Stubbard 5,000 A:'B. (FuUer) :...5,000 10,000 [54.] C. D. (John Gee) 5,000 E. F y 5,000 10,000 [55.] G. H 5,000 J. K 5,000 10,000 [56.] L. M 5,000 [57.] Isaac GeUus..... 5,000 Peter Dalbo 500 John Barns 500 John Songhurst 250 John Snashold 500 Jane Bachelour 250 Thomas Parsons... } ... Richard Parsons... J 7,500 [No. 3.] Through the kindness of John Cadwalader, Esq., the author is enabled to add to the certificate of the drawing of city lots, on page 595, a detailed Ust, with the names and numbers so drawn, on the 19th September, 1682, from a certified copy in the Land-Office. " Second Street Lots, from the River, 1. Sir WiUiam Petty. 2. John AUsop. 3. Sarah Fuller. 4. Thomas Rowland. 5. James Claypoole. 6. WiUiam Isaak. 7. WiUiam Penn, jun. 8. WiUiam Crispin. 9. George Evans. 10. Edward Martindale. 11. WiUiam Bingley. 12. John Body. 13. Lawrence Growden. 14. WiUiam Lanther. 15. Thomas CaUowhiU. 16. William Jenkins. 17. George PoweU. 18. George White. 19. George Whitehead. 20. WilUam Bowman. 21. John Sinkok. 22. George Andrews. 23. Richard Marsh. 24. Thomas Elwood. 25. Thomas Fernburgh. 26. Edmund Jefferson. 27. Thomas PoweU. 28. WiUiam Shadloe. 29. Samuel Claradge. 30. Thomas Bracey. 31. John Ap John. 32. Charles MarshaU. 33. Benjamin East. 34. WiUiam Markham. 35. Philip Ford. 36. Solomon Richards. " These lots were drawn before us, this 19th of 7th month, Holme, WiUiam Haig, Griffith Jones. " Broad Street Lots : 1. Charles MarshaU. 2. James Claypoole. 3. Thomasi CaUowhiU. 4. Robert Turner. * 5. Sir WiUiam Petty. 6. Sarah FuUer. 7. William Crispin. 8. George Evans. 9. Society. 10. Society. 11. John AUsop. 12. WiUiam Jenkins. 13. Richard Arner. 14. Benjamin East. 15. Thomas Rowland. 16. George Andrews. 17. Thomas Fernburg. 18. John Barber. 19. WiUiam Bingley. 20. John Boay. as drawn by lot : 37. Robert Turner. 38. Society. 39. Society. 40. Joseph PoweU. 41. Charles Lloyd. 42. John Barber. 43. Thomas Holmes. 44. Nicholas More. 45. WiUiam Penn, P. 46. Joseph Martin. 47. John WiUard. 48. Thomas DeU. 49. Nathaniel AUen. 50. Robert Dimsatt. 51. WiUiam Bacon. 52. Ralph Withers. 53. Richard Arner. 54. George Fox. 1682.— WiUiam Markham, Thomas 21. WiUiam Lanther. 22. William Penn, jun. 23. William Isaak. 24. WiUiam Markham. 25. John Ap John. 26. Solomon Richards. 27. Joseph Martin. 28. John Willard. 29. Thomas EUwood. 30. George White. APPENDIX Broad Street Lots : (continued) 39. Joseph PoweU. 40. Samuel Claradge. 41. Richard Marsh. 42. Edward Martindale. 43. Edward Jefferson. 44. John Simkok. 45. Nathaniel AUen. 46. Nicholas More. 31. Charles Lloyd. 32. Thomas DeU. 33. Ralph Withers. 34. George Whitehead. 35. William Penn, P. 36. Thomas Holmes. 37. Robert Dinsdale. 38. Lawrence Growden. "These lots were drawn before us, this 19th of 7th month, 1682.. Holme, WilUam Haig, Griffith Jones. 1. John Simcock. 2. Samuel Claradge. 3. Edward Jefferson. 4. William Markham. 5. Nicholas More. 6. WiUiam Penn, jun. 7. William Crispin. 8. Joseph Martin. 9. WilUam Isaak. 10. William Bacon. 11. Thomas CaUowhiU. 12. WiUiam Shardloe. 13. George Fox. 14. Thomas Holmes. 15. Thomas Fernburg. 16. Thomas PoweU. 17. John Ap John. 18. Sarah FuUer. ''Fourth Street Lots : 19. WiUiam Bowmau. 20. Thomas Rowland. 21. Solomon Richards. 22. Robert Dimsdale. 23. Robert Turner. 24. John Barber. 25. Charles MarshaU. 26. Charles Lloyd. 27. William Jenkins. 28. Nathaniel Allen. 29. Thomas Elwood. 30. Edward Martindale. 31. John AUsop. 32. John Willard. 33. George Whitehead. 34. Richard Amor. 35. Benjamin East 36. PhiUp Ford. " These lots were drawn before us, this 19th of 7th month, 1682.- Holme, WiUiam Haig, Griffith Jones. 643 47. George Fox. 48. Thomas Powell. 49. PhiUp Ford. 50. Thomas Bracey. 51. George Powell. 52. William Bacon. 63. William Shardloe. 54. William Bowman. -WilUam Markham, Thomas 37. Lawrence Growden. 38. Richard Marsh. 39. George Evans. 40. WilUam Lanther. 41. George White. 42. Thomas Dell. 43. George Andrews. 44. Thomas Bracey. 45. George PoweU. 46. Joseph PoweU. 47. Ralph Withers. 48. Society. 49. Society. 50. WiUiam Penn, P. 51. WiUiam Bingley. 52. James Claypoole. 53. John Boay. 54. Sir WiUiam Petty. -WiUiam Markham, Thomas "Back Street Lots : 19. Wtiliaim Jenkins. 20. George Andrews. 21. Thomas CaUowhiU. 22. Ralph Withers. 23. Samuel Claradge. 24. John Simcock. 25. William Crispin. 26. Edward Jefferson. 27. Benjamin East. 28. WilUam Penn, P. 29. WiUiam Isaak. 30. George Fox. 31. John Willard. 32. George Whitehead. 33. Charles MarshaU. 34. Lawrence Growden. 35. George PoweU. 36. Thomas Bracey. 1. George White. 2. William Bingley. ^ 3. William Markham. SrKichard Marsh. 5. Thomas Rowland. 6. Solomon Richards. 7. Robert Dimsdale. 8. Robert Turner. 9. Thomas EUwood. 10. John Ap John. 11. Thomas DeU. 12. Nathaniel AUen. 13. Charles Lloyd. 14. WiUiam Bacon. 15. Joseph PoweU. 16. Society. 17. Society. 18. Richard Amor. "These lots were drawn before us, this 19th of 7th month, 1682. Holme, Griffith Jones. "I do hereby certify, that I have carefuUy compared the foregoing with an original paper found in the office of the Secretary of the Land-Office, and now remaining in the Surveyor- General's Office, on which there is the following endorsements, Original lots in Philadelphia;' 'Lots ofthe four streets;' 'No. Twenty-one, John Hughes;' 'No. Twenty-one, Richard Peters.' In testimony whereof, I have hereunto set my hand, and affixed the seal of the Surveyor-Gene ral's Office, the 27th day of December, A. d. 1845. For John Laporte, Surveyor-General. ' "R. M. Ceain. 37. George Evans. 38. James Claypoole. 39. WiUiam Shardloe. 40. Nicholas Moore. 41. Thomas Farnburg. 42. John Barber. 43. Thomas Holme. » 44. WiUiam Bowman. 45. William Penn, jun. 46. John Alsop. 47. Philip Forde. 48. John Boay. 49. Thomas Powell. 50. Sir William Petty. 51. Sarah FuUer. 52. WiUiam Lanther. 53. Joseph Martin. 54. Edward Martindale. -WiUiam Markham, Thomas INDEX. A. Adams, Thomas, Ucensed by Maryland to trade with Swedes, 147. .Slgedius, Rev., arrives from HoUand, 331. AUerton, Isaac, protests against Jacquett, 231. Alricks, Jacob,- appointed director of New Am stel, 226. Sails for New Amsterdam, 227. Shipwrecked at Long Island, account of, 230. Letters from, 237, 253. Describes the govern ment and improvements of New Amstel. Number of houses and families, 239. Com plaints against, 239. Complains of privation and sickness ; its symptoms and mortaUty, 247. Complains of things, 253. Great distress, 254. Represents matters at New Amstel ; Christina in a sad condition, 240. Apologizes for not treating Stuyvesant better, 244. Ransoms Englishmen from savages, 246. Loses his wife, 250. Writes to Peter Stuyvesant about purchase of WhorekiUs, 255. Sickness, 256. Writes to Peter Stuyvesant about Maryland, 257. Colonel Utie's arrival and conduct, 260. Bad situation, 260. Detains express, 265. Charged with fear, 265. Informed of their arrival by Krygier and Van Ruyven, with soldiers, 271. He sick, 271. Censured as ^ cause of misfortunes, 273, 275. Appoints D'Hinoyossa his successor, 299. Dies, 299. Character, 300. Consequences of his death, • 300. A convention of schepens on his af fairs, 300. Not much lamented, 300. Tes timony against him, 301. Inventory taken, 316. Shameful conduct towards, 317. Books and papers to be sent to Amsterdam, 337. Alricks, Peter, commander at Whorekills, 301. Despatched to governor of Maryland, 328. Has special license to trade, 333. Estate con fiscated, 369. License granted to trade at Whorekills, 369. Appointed a counsellor, 371. Negroes confiscated restored, 372. Appointed by Colve, sheriff and commander, 408. Takes oath of aUegiance, and required to take it from others, 40S. Authorized to enlist sol diers, 408. Their pay and rations, 408. His instructions ; religion according to Synod of Dordrecht to be preached, and nothing con trary to it by other sects ; Dutch government to be made palatable to Indians, 408. Altona, Fort, (late Christina, which see,) 226, 234. Badiy garrisoned, 240. Beekman's ac count of garrison of, 296. Provisions scarce, 313, 315, 318. A drum borrowed, having none fit for use, 307, 316. Soldiers without shirts, 310. Other wants, 310. Meeting at, to negotiate affaup with Indians. 328. Diffi culty about grinding, 334. Speak of disband- 611 ing soldiers, 336. Several famiUes persuaded to move from, to the colony, 337. Asks for a minister; have not had the sacrament for two and a half years; several to be baptized, 337. Badly provided with powder and baUs, 338. Sickness and want of provisions at, 339, 340. Must receive bread-corn from Manhattan; Three Minqua chiefs arrive at, 341. Scarce of ammunition, 348. Amsterdam, merchants of, send out vessels on discovery, 5. Arrival in America, 5. Privi leges, 5. Many going to South River from, 346. Andriessen, Jan, grant of land to, by Dutch, 87. Andross, Sir Edmund, appointed governor, 412. Arrives at New Tork, 412. Issues proclama tion, 413. Reinstates officers, except Alricks, on Delaware, 413. Writes to governor of Maryland of his getting possession, 413. His proclamation, 414. His letter to CantweU, and instructions, 415. Remits quit-rents for first year on new lands, 416. Expects to go to Delaware, 416. Writes to Gov. Carteret respecting murders, and to prepare horses for his visit to Delaware, 417. Confirms a grant by Lovelace, 419. Purchases land from In dians below the Falls, 420. Offers aid to go vernor of Maryland, 421. Various grants of land, 421, 423, 424. Advises Maryland to peace, 426. Instructions respecting courts on Delaware, 427. Petition to, from New Castle, 431—435. His answer to, 432—437. Lands to be paid for to the Indians, and other pur chases made, 437. Reply to, from New Cas tle, 439. Requires land-holders to report, and receive patents, 441. Directions to the jus tices, 441. Directs Upland Court to buy land from Indians, 442. Writes to governor of Maryland, he is going to England, 445. Sends musket-balls to Billop ; advice to justices how to act ; appoints BrockhoUs his deputy, 445. Grants of land by, 446. Returned from Eng land ; deputation from New Castle, 456. Re vokes order about quit-rents, 457. Other directions about l'ands, 457. Reply to peti tion of the court, 458. Allows a minister, 458. Appoints six selectmen for Elseborg, with help of a justice from New Castle, to form a court, 459. Appoints justices for New Cas tle, 459. Orders purchase from Indians of lands below the Falls, 461. Appoints Philip Pocock, surveyor, 461. Instructed to return to England, leaving A. BrockhoUs deputy, 472. Notifies justices, 481. Levin's arrival, 481. Gives name of Deal to WhorekiU, 483. Commissions BrockhoUs, 485. INDEX. Apoquinimy Creek, meeting at, 329. The place of delivery of tobacco from Maryland, 329. Finns at, 374. Several families propose set tling there, 383. SettUng rapidly, 394. Grant of land at, 395. Appeals from courts on Delaware to New York, 479. To England ; security given to prose cute, 479. Appleboom, H., Swedish agent, protests against Dutch, 210. Action on by States-General, 210. Arasapha, 4. (See Delaware River.) Arbitrations recommended by Andross, 428. Arbitrators appointed -between New England commissioners and Stuyvesant, 120. Their award, 121. Aren, ship, arrival with Eysingh, 150. Aspinwall, William, sent from Boston to Dela ware, 79. How treated, 79. Assault and battery, curious case of, 311. Assembly of XIX.; their origin, 9. Complain of frauds, &c. in trade of furs, &c, 49. Assembly, notice to sheriffs to hold election for representatives, 603. First meeting, 607. Proceedings, 609. Act of union, petition for, 610. Passed, 611. Act of settlement, 615. The Great Law, 619. Attachment on goods in New York ; goods re moved to Delaware ; released by court, con trary to governor's orders; oourt to make them good, 375. Attorneys, pleading, rule respecting, 438. Oath taken by, 439. To pay erier a fee, 439. Augsburg Confession to be used by Swedes, 53, 67. B. Baltimore, Cecilius, Lord, obtains a grant of Maryland, 29. Abstract of it, 29. Arrives in Maryland, 257. Directs surveys of lands, 257. Orders to Colonel Utie, 258. Letter to Dutch commander on Delaware, 258. Orders Captain James Neal to represent his claim in HoUand, 317. Reply of Directors to, 318. States-General present situation of the colony in England, 319. Report of his obtaining confirmation of his patent, 327. Commis sioners to, to negotiate peace, 328. Meet at Colonel Utie's, 328. Agents oppose Penn's petition, 476. Disturbances from, expected at Jones's, 524. Penn sends messenger to, , 605. Baptist Church formed at Cape May, 423. Bayard, Peter, receives grant of Bombay Hook, 423. Buys from Indians, 463. ^Beaver skins; large trade in, by Swedes, 81. High price of, 108. Becker, J. Juriansen, complained against for seUing Uquors to soldiers and lads ; bad ef fects of, 301. Punisjied, 312. Beekman, William, appointed commissary and vice-director, 248. His salary, oath, and in structions, 248. Authorized, with Alricks, to purchase lands from natives, 249. Writes to ^ Peter Stuyvesant about Colonel Utie, 261, 262. Protest against Utie, 262 — 265. Sends sol diers as express to Peter Stuyvesant, 265. Alrjcks prevents, 265. Charges Alricks and 645 D'Hinoyossa with fear, 265. Stuyvesant's letter to, complaining of -his treatment of Utie, 266. Letter to Peter Stuyvesant in seU- justification, 275. Describes the garrison at Altona, 297. Sickness of, 298. Applies for a situation for his son, 301. Various extracts from his letters, 307, 308. Writes to governor, Asc, of Maryland, to return deserters, 315. Asks how to act towards English, 31 6. Scarce of provisions, 317. Absent, 318. Complains of D'Hinoyossa's conduct, 320. A son born to ; 'wishes to have him baptized, 320. Writes of murders by Indians, 320. Predicts that the river will be settled by English and Swedes, 321. Persons from Maryland arrive, and ask if he would give up fugitives ; his cautious reply, 322. Required to act as sheriff, 324. Wishes Swedes and Finns to marry Hollanders, 327. D'Hinoyossa refuses to speak to, 328. Difficulty about the colours, 328. Negotiates with Maryland forpeace, 328. Wants supplies, 328. Allows miU at Turtle FaUs; soldiers to pay no grist; great diffi culty about grinding, 334. Dispute with D'Hinoyossa about jurisdiction, Ac, 334. Charges against D'Hinoyossa, 335. Agrees to arrest soldiers for D'Hinoyossa, 336. Van Sweringen's conduct, 336. Asks for a minis ter at Altona, to baptize the children, and ad minister the sacrament, which they have not had for two and a half years, 337. Invited to New Amstel on account of threats from Indians, 33S. Has another son; twounbap- tized; expects a minister, 338. Writes to Peter Stuyvesant about Printzdorp, 339. Also about soldiers for D'Hinoyossa, 339. Apolo gizes for charges of merchants, 339. His ac count of capture and execution of an English runaway servant, 340. WilUm's account of D'Hinoy&ssa's sudden departure for Mary land, 341. Orders beavers to pay for wages, Jones, , commits an outrage at WhorekiU ; Governor Lovelace writes severely to gover nor of Maryland about it, 398. * Jongh, Jacob, runs off with wife of Rev. Mr. Laers, 328—330. Juet, Robert, his journal in the Half Moon, 3. Jurgin, Captain Jans, to fit up a court-house at Upland, 447. K. Kattenburg Island, (see New Gottenburg,) 226. Kent, late Jones county, 605. Kieft, William, director-general, succeeds Van Twiller, and arrives, 41. His account of the arrival of the Swedes, 44. Protest against Minuit, 44. Complains of injuries to trade by Swedes, 56, 57. Protest against Captain Cogswell, 58. Instructs Van Upendam to drive English from Schuylkill, 61. Sends armed vessels against them, 62. Hl-treats Lamberton, 62. Letter to, from Hu'dde, 86. Sends Hudde after minerals, 87. Letter to, from President Eaton, 88. Makes a grant of land on South River to Plancke, Root, Ac, 87. Orders Hudde to purchase land, 89. Succeeded by Stuyvesant, 93. Sails for Hol land, and is lost, 95. Kinsessing granted to Swen Schute, 138. Up land court to meet at, 473. Thresh-house and garden at, 473. Meets, 501. 653 Kinsey, John, one of the Jersey commissioners, dies, and is burafed at Burlington, 443. Kock, Peter, csllejitor of tolls, takes oath, 349. ICoek, Gerrit, custom-house officer on South River, 352. Krygier, Captain Martin, soldiers under, 223. Arrives, 312. Sent to Delaware by Peter Stuyvesant, by land, guided by Derek Smith, 234. To take inventory on, 234. Sent with Van Ruyven to South River, to regulate af fairs, 266. His commission, 267. Instruc tions, 268. Arrival and interview with Al ricks, 272^275. Instructions of Governor Lovelace to, 383, 384. L. Laers, or Laersen, Kev. Mr., marries a couple without the proclamation; fined, 310. Hia ¦wife runs off with Jacob Jongh, 328, 329. Asks to marry again, 329. Before council, 330. Marries himself, 330, 331. Proceed ings in court, 331. Statement of the case; fined; his marriage declared void; his ap peal, 332. Condemned, 334. Opposes Zets coven, 3-18. H©- By the above name he ia generally called on the rccordg. Also, LaurCarelfl; Carol ob, or Co* eius ; by. all which is probably intended the same person. (See Caiolua.) His real name >¦¦;¦) Lanrcnco Charles. Lokeniud. Lake Lyconnia sought for, 79, SO. La Montagne, one of the council, visits South River, 102. Visits Governor Printz, 102. Lamberton, Mr. George, from New Haven, fits out a vessel for Delaware, under Captain Cogswell, who arrives at New Tork ; Kieft protests against him, 58. Ill-treated by the Swedes, 73. Is commissioned to go and treat with them, 73. Deposition of a sailor re specting it, 74. Lost at sea, 93. Lands, grants of, 47, 223. Various grants of, by English, 369, 370, 372, 373, 374. Con firmed by Lovelace, 372. Grants heretofore made confirmed, 382, 393, 395, 405. Time for settling a piece extended, 394. For Go vernor Lovelace, 399. Quit-rents remitted, 416. Patents to be recorded, 418. First grant hy Andross, 419. Confirms a patent of Lovelace, 419. Purchase from Indians by Andross, 420. Grants of, by Andross, 421, 423, 424. Applications for, to be made to the court, 428. Purchases from Indians, 437, 442. Grants of, 440, 444, 447, 448, 450, 452, 455, 459, 460, 462, 467, 472, 479, 480, 481, 484, 501, 521. To be reported, 441. Order respecting quit-rents revoked, 457. Below the falls of Clay Creek to be purchased, 461. Singular measurement of, 459. Patent by Andross transferred, 460. Order of court re specting, 481. On Clay Creek, &c. purchased from Indians by John Moll, 477. Between Jones's and Duck Creek, 487. To be laid out by justices of the territories, 636. Language, Swedes and Finns cannot under stand each other, 306. Laws of England to govern on Delaware, 372, 427. Interpretation of, by the governor, in case of Hutchinson, 464. Passed in Eng land, 568. The Great Law, 619. 3i2 654, Lenapi Wihittuck, .(see Delaware Kiver,) 4. Treaty' with, 4. Levin, John, sent by duke to inquire into his affairs; commission and instructions, 470, 471. Arrived, 481. Produces his commission to court, 503. Jffis report, 531. Levy to meet public expenses, 447. Lewis, Thomas, sloop detained for Alricks and Cousterier, 3S9. Pass for his sloop, 390. May alone export corn, 391. Licenses granted to two vessels temporarily, 9. Lindstroem, Peter, engineer, arrives with Ry singh, 150. Rebuilds fort, and makes a map, 150. Liquors, sale of, to lads and soldiers, as neces saries of life, 301. Complaint of selling in daylight, 314. Complaint against D'Hino yossa for seUing to Indians, 316. Indians authorized to rob sellers of, 333. Sale pro hibited, 372. Not to be distilled without li cense, 387. Tax on, at WhorekiU, 397. Sale of, to Indians, limited, 418. Restrictions on sale of, 418. Distillation of grain prohibited, 418. Listen, Morris, his land mentioned, 481. Lock, or Lokenius, Rev. Laur. Charles, arrives, 140. (See Laers.) Officiates at Crane Hook and Tinnicum churches, 371. Longevity, cases of, 485. Lookerman, Govert, forbidden to trade on Dela ware, 82. Loper, Jaeob, asks permission to go to South River with his vessel ; curious debate about it, 117. Lord's Day to be observed, 567, 620. Lovelace, Francis, governor of New York, ar rives, 370. Confirms Dutch grants, 372. Is sues order respecting Dutch patents, 374. Appoints W. Tom collector, 374. Allows Finns to move to Apoquinimy, 374. Pro clamation against Henry Coleman, associated with Conningsmark, 375. Letter respecting, 376. His answer to petition respecting, 377. Commissions a court to try Long Finn, 378. Renews order for duties at WhorekiU, 380. His order, 380. Proceedings with regard to Fabricius, 381. Letter respecting a murder of Tom s servant, 382. Recommends to dis band some soldiers, 382. Commissions J. Mills as surveyor at Whorekill, 382. In struction to Martin Krygier, 383. Confirms patent to the Swensens, 384. Submits mat ters to Carr's discretion, 387. His boatmen to Neversink to be paid, 400. Letter to Cap tain Carr, 401. Writes to governor of New Jersey about murder of two Christians, 388. Writes to WiUiam Tom as cause of murders ; points out course to be pursued, 389. Reso lutions for safety of Delaware, 390. Censures Captain Carr for receiving salary and not performing duty, 392. Approves hanging a body in chains, 394. Proclamation forbid ding carrying debtors and servants out of country, 395. Vessels to go up above New Castle, 395. Orders preparations of soldiers, horses, Ac. for intended visit to Delaware, 395. His instructions for a body-guard, Ac, 396. Appoints members to act in his ab sence, 396. Thanks magistrates of Whore INDEX. kill, 397. Confirms officers at Whorekill, 398. Letter to governor of Maryland, complaining of conduct of Jones, 398. Orders land to be seated and cleared for himself, 399. Letter to Captain Carr on Jones's outrage at Whore kiU, 401. Appoints commissioners to appraise Tinnicum, 403. Proclamation to raise value of wampum, 405. Ordered by the Dutch to depart, but aUowed to saU with Commander Benkes, 406. Lutheran Church, an agent sent to Delaware to raise funds for, 394. M. Manhattan, permit for a vessel to go to South Biver from Amsterdam, without touching at, * 247. Manning, John, commander of fort at New Tork, treacherously delivers it to the Dutch, 405. Manufactures recommended, 53. Map, early, of discoveries, 6, 7. Maquas Indians visit South Biver for trade; disappointed that no Dutch vessels are there, 104. Marcus Hook granted to Captain Besk, 138. Deed from one of the original six proprietors under Andross, 454. B. Pedrick asks for a division of original plot, 462. Becord of court respecting the name of Chichester, 577- Mariskit-ton, (see Delaware,) 4. Maritties Hoeck. |See Marcus Hook.) Markham, "William, appointed deputy-governor, 503. His commission, 503. Interview with Lord Baltimore, 505. Arrives, bearing letter from governor and council of New Tork, to justices on Delaware, 515. Indians' petition to remove prohibition for selling rum, 531. Attends court at Upland, 535. Purchases from Indians, land for Penn, toward the falls, 581. Appointed attorney to receive possession below New Castle, 598. Beccives possession for Penn, 602. Certificate of wit nesses, 602. Marriage license, a, 207. Irregularities in cele bration, by omitting proclamations, 456. Number o£ at Burlington, 484. Maryland, Lord Baltimore obtains a grant of, 29. Abstract of, 29. Governor Stone grants, liberty of trade with Swedes, 147. Threat ening appearances in, 257. Lord Baltimore arrived, 257. Proceedings of council, 257. Orders to Qplonel Utie respecting Dutch on Delaware, 258. Letter to the commander on Delaware, 258. Bumors from, 259. Bemoval of families to, from New1 Amstel, 260. Colonel Utie arrives from, 260. His conduct, 260. Beturns ; commissioners appointed by Stuy-» vesant, 268. Their instructions, 269. Letter to, from Peter Stuyvesaut, 271. Commis sioners arrive in, 277. Their manifesto, 277. Proceedings of council, 284. Answer to Peter Stuyvesant, 284. Commissioners pre sent their views, 286. Journal of commis sioners to, 287 — 296. Many disposed to return from, 303. Bumor respecting Mr. Coursay ; arrives from, in pursuit of his ser vants, 308. Desertors found in, 309. Directs INDEX. Captain James Neal to urge their claim in HoUand, 317. Reply of the directors to, 318. Trouble in; Lord Baltimore's brother com mands, 320. Persons from, arrive, and pro pose questions to Beekman, 322. Sends agent to Holland on subject of boundaries, 325. Commissioners to negotiate peace, 328. Meeting at Colonel Utie's, 328. Removals to, 329. Proposes visit to New Amstel, to esta blish tobacco trade, 331. Servants run away from, 337. Assists Indians with guns, 349. Written to, to recover lost children, 384. Pre tences to WhorekiU, and1 sending surveyors ; course pursued by magistrates approved, and thanks by governor, 397. Letter of Governor Lovelace to, on outrage committed by Jones at Whorekill, 398. Letter to Captain Carr on same subject, 401. Further outrages from, 410. Andross offers aid to governor of, in ease of war with Indians, 422. ' At war with Susquehanna Indians, 422, 425. ' Andross advises governor to make peace, 426. Trade innegroes between, and Delaware, 456. Maroia, ship, arrives from Hull; captain ap- pbes to go up the river; consults court, who consent, 444. . Mason, Captain, of New Haven, declines going to South River, 133. Mathias, , a Swedish minister, arrives, 219. Mattehoorn, an Indian sachem's testimony re specting arrival of the Swedes, 47. Mattinicum, (see Tinnicum,) 373. Mattiniconck Island, a frontier to be fortified, 391. To be put in possession of Robert Stacey, 461. Maverick, Samuel, commanded, with Nichols, &c, to take New Netherlands, 358. May, Cape, named, 5. Memorial of Jaspar Graine, WiUiam Tuttle, &c, ,on conduct of Dutch governor at Manhattan, 127. To Swedish resident at Hague, re specting claim to New Sweden, 360. Mennonists propose emigrating from HoUand to Whorekill, 335. Singular notions, 335. Merchants of Amsterdam fit out vessels on dis covery, 5. Their arrival, 5. Report and claim, 5. Company formed; their privileges, 6. Expiration of, 7. Make high charges, 339. Merourius, Captain Huygh, a Swedish ship, ar rives in Delaware ; men not to land ; news sent to Manhattan, 211. Captain goes to Manhattan, 212. Writes to director-general, &e., explaining his situation, 213. Messenger sent to Delaware, 215. Proceedings against, 216, 217. Arrives at Manhattan, 219. Mesa, Isaiah, a Jew, complains of Jacquett, 237. Mey, Captain Jacobson, sails from Amsterdam, 5. Arrives in the Delaware, 5. Capes named, 5. Petition, 8. Becomes a patroon ; sails for the Delaware, and builds Fort Nas sau, 12. Time of his departure uncertain, 14. Mey, Peter, assistant commissary of Fort Nas sau, 41. Middletown, Delaware, first purchase of land at, 462. Mill, saw and grist, built, 242. Want of; tolls to be regulated, 418. Wood given for use " «.655 of, 442. At Carcoon Hook; provision for wood, .451. Erected in Jersey; hand-mills being 'used before, 477. Mill, the ship, arrives with passengers ; several deaths from scurvy, and much distress on board, 247, 253. Mills, James, commissioned as surveyor al Whorekills, 382. Ministers to be supported, 53. Two Swedish, arrive, 140. Two 'expelled, 204. One re mains, 204. Several expected from Holland, 313. One requested for South River, 313. Requested at Altona, 337. Eight or ten re turned home, 337. Of the Church of Eng land, number of, in America, 469. Minerals sought after by Kieft, 87. Mines and minerals, search of, at Esopus, Rari. tan, Minisink, &c, 255. Minisink, mines and mine-holes at, notice of, 255. The first settlement in Pennsylvania, 255. Minqua chief, presents to, 314. Going to Man hattan, 314. Entertains deserters, 315. Ar rive at Altona, respecting a murder, 341. A large number expected, 342. Going to war with Senecas, 342, 346. Minquas, smaU-pox among, 329. And Senecas at war, 330. Minuit, or Minnewit, Peter, arrives at New Am sterdam, as director of New Netherland Com pany, 15. Returns to Holland, 29. Arrives with Swedes, 43 — 46. Builds Fort Christina, 45. Departs, 45. Is said to have died in Christina, 59. And to be succeeded by P. HoUandaer, 60. MoU, John, deputed to New York, to represent matters to Andross, 455. Buys Indian lands, 477. Arraigned in court for words spoken there : acquitted ; appeal to England, 479. Tried at court ; guilty in part, 537. Delivers possession to Penn, 597, 607. His certificate, 606. Monopoly opposed by general court of Massa chusetts, 79. Moore, or More, N., elected president of Free Society of Traders, 576.. Sails, 595. Ar rives, 596. Mortality on Delaware, 62, 247, 248. Moyamensing, grant of land to several inha bitants of, 452. N. ^ Nassau River, (see Delaware River,) 4. Fort, built at Gloucester, by Captain Mey, 12. Question of locaUty discussed, 13. How long occupied, and when destroyed, 14. Large house built at, 50. Complained of as a heavy burden, 50. Number of men at, 65. Goods for, thrown overboard in a storm, 77. Hudde sent to, 83. Natives taken to Europe by Captain Hendrick son, 7. Navy, captain of, A. Besk, appointed, 141. Neal, Captain James, ordered to present Lord Baltimore's claim to Delaware in HoUand, 317. Negroes on South River, first mentioned, 49. SaU from Manhattan to Vkjginia, 181. In 656. exchange for tobacco, 329. Beekman asks for, 331. Confiscated by England, and some restored, 372. Trade in, between Delaware and Maryland, 456. . New Amstel, name given to, 206, 225. Brick and stone made, 209. Transfer agreed upon ; terms, 221, 222. Board of directors in Am sterdam, 223. Soldiers under Krygier and D'Hinoyossa, 223. Expenses raised by loan, 223. Inspectors of tobacco appointed, 225. Instructions to Stuyvesant to convey, 225. J. Alricks appointed director, 226. Town meeting to fix prices of deer-skins, 228. Ex peditions from HoUand for, 231. Transfer of, by Stuyvesant, 232. Various improve ments in, 238. Number of houses built first year, 238. Airicks's account of (he govern ment of, before and after his arrival, 238. Few disposed to leave Fort Amsterdam for, 239. Great sickness at, 239, 242. Arrival and purchase of cows, 239. Frauds attempted against creditors at, 240. Things in a sad condition, 240, 241, 256. Distribution of lots at, 241. Fast-day at, 242. Management at, to be examined, 242. Magistrates ask for a court messenger, and various privUeges, of director-general, who arrived there, 243. Suf fers much from sickness and other causes, 247, 253, 254. Beekman's powers at, 249. A captain runs off with a vessel of provisions, 254. Fort out of repair, and other defects, 253. Soldiers run away ; number in garri son, 262. Has orders to fortify the garrison, 256. Apprehension of danger at, from Eng lish in Maryland, 257. State of the. colony, 258. FamiUes removing from, to Maryland, 260. Colonel Utie arrives at, 260. Incapa ble of defence, 260. Commissioners arrive ; recommend removals to Manhattan, 274. Ex change of soldiers proposed with Altona, 274. Soldiers forbidden to obey Krygier, 275. Directors of company complain of charge at, 276. GaUiot arrives with letters from Peter Stuyvesant, 297. Alarm at finding powder, 297. Death of Rev. Mr. WeUius, 297. Ne gotiations between colony and company, 299. Changes in consequence of Airicks's death, 300. Houses and lots, 327. Van Gezel re moved, and John Prato appointed counseUor, 301. Present administration, 301. Orphan- house ; child baptized, Amstel's Hope, born on the Prince Maurice, 310. Report of its being transferred to company, 312, 316. Com missaries appointed, 316. City agrees to re ceive the colony, 318. Confused state of affairs, 518. Great joy at transfer of, 318. Fears at, from Indians, 320. Reasons why settlements are not more rapid, 323. Various remedies proposed, 324. Difficulty from two jurisdictions, 324. Doubts expressed -by Maryland, whether it lies below 40 degrees ; agent despatched to Holland on the subject of Maryland, 325. Guns to be sent to, from Christina, 353. Resolutions sent by directors to Stuyvesant; emigrants for, 330. Tobacco warehouse proposed, 331. Dispute about ju risdiction, 334. Alarmed by sudden appear ance of a wounded savage, 338. Recent murders; great fear, 338-. Alarm subsides, INDEX. 33.8, 339. Conversation about Lord Balti more, &c, 340. Proposals to West India Company, 343. And answer, 344. Consi derable excitement at, 347. Announcement of Van Sweringen's pardon by beU, 347. To provide magazines, 348. Lord Baltimore ar rives at, 349. Transfer of the river to city, 351. Captured by the EngUsh, 365. Name changed to New Castle, 367. And again, 407. Court estabUshed, 407. (See New Castle.) New Amsterdam, EngUsh frigates, with Xi- choUs, &c, arrive at, and take it, 361. Name changed to New'York; again faUs into hands of Dutch, 405. Reverts to England, 410. New Beverly. (See BurUngton.) Newby*s, Mark, Irish halfpence circulate in Jersey, 568. New Castle, so named, 367. Man to be sent from, to New York, for debt, 383. Applies for various privileges; a block-house; no vessel to go up river; no distiUation; king's arms to be set up in courts ; grants to be con firmed ; road to Maryland, &c, 386. Vessels to go above, 395. Incorporated; articles of, 397. Again in hands of the Dutch, 405. WiUiam Tom appointed clerk of, 413. Fort to be received by Tom, 413. Justices ap pointed; their names, 414. Early court at, 416. Governor holds court; directs about churches, 417. One at, 417. Disturbance at, 419. Warrant against Fabricius and Ogle, 419. Dispute about Carr's meadow, 420. To be purchased from Indians in duke's name, 420. Dykes to be made, 420. Block-house to be moved; court-house and prison, 420. fustoms same as at New "iork, 421, 422. uard against abuses on Jersey side, 421. Edmundson finds Uttle accommodation, 422. Stay of execution by Andross, at New York, on judgment obtained at, 424, 425. Justices of peace and clerk of court, 426. Justices ask of governor various changes and privi leges, 430. Ruin of the place feared, 430. Watch to be kept, 432. Magistrates to use their own seals, 432. Prison to be built, 432, 435. Weigh-house and officer, 432. Levy for expenses, 432. Report to court of Cant well, relating his proceedings towards Fen wick, 432. Court issue warrant to raise soldiers and take him, 434. The wan-ant, 434. Decision of court; a house puUed down, 435. Further powers asked by the court, 435. Swanewick, 435. WiUs to be proved, and letters granted here, instead of going to New York, 435. Marks of cattle recorded, 436. Reader at Christ Church com plains of not getting his pay, 437. Alarm at, on account of Colonel Coursay; soldiers or dered out, 437. Tobacco inspector appointed, 439.' Vendue-master appointed, 439. John Moll, treasurer, 439. Marshal's fees, 439. Hogs to be ringed, 439. Ship Kent arrives at, with Jersey commissioners, 443. Justices appointed, 445. Number of tydables in county, 446. Fort to be repaired, 448. Pros titutes to be sent away, 448. Court license John Yeo to preach, 448. Petition respecting salary, and court's answer, 449. John Moll sent to New York, to represent facts in An- INDEX. 455. Ask for trade with Maryland for negroes, 456. Articles belong ing to fort, 457. Captain. Billop ordered to New York, 457. Justices appointed, 459. Court to extend its care to east side, 459. And Upland county, limits between mutually set tled, 459. Philip Pocock appointed surveyor, 461. Qourt addresses governor for reUef in pay ing quit-rents in wheat, saying they have only tobacco, 468. An old servant in the fort, 469. Enlargement of the county proposed, 469. Justices appointed, 472. Harman surveyor, 472. Indian deed to John MoU, for lands up to the falls, for public benefit, 477. Tax for wolf-scalps, and charge for collecting, 478. Commissions of justices continued, 525. Windmill at, 533. Deeds of feoffment, 588, 590. Penn's arrival at, 596. Record of it, 596. Formal possession given, 596. Certifi cate of citizens, 597. Submission of inha bitants, 597. Commission to Penn's justices, 598. Their written obligations, 598. Notices to attend a court at, 599. First court held at, 600. Proceedings ; Penn's speech, 601. Weekly market established, 604. Established, 605. Jew Gottenberg, fort buUt, 70. Destroyed by fire, 84. Name changed, 226. Jew Haven, Connecticut, settled, 48. English • from, purchase lands on Delaware, 57, 58. Vessel sent there ; protest against, 58. Pro ceedings of general court respecting Dela ware, 59, 75. Purchase at Delaware, through the friendship of a Pequot sachem, 60. Settle on SchuylkiU, and are driven off by Dutch, 61. Trading-house burnt by order of Kieft; Lamberton ill-treated, 62. Protests against Kieft, 62. Deposition of Jiohn Thickpenny, 75. Letter from, to general court, 78. Pre sident Eaton writes to Kieft about injuries received on Delaware, 88. Shipwreck of several persons from, 93. Governor Eaton writes to Stuyvesant about his course as to duties, Ac, 118. Mr. Leech presents a fa vourable report of Delaware, 119. Governor Eaton inquires of United Colonies what is to be done, 119. They discourage planting it, on account of hands, 119. But leave it to their discretion, 119. Allude to purchase, 119. Justified by commissioners in their course to Stuyvesant, 119. Applies to Ply mouth Colony for help; they decline, 123. Fifty men hire a vessel for Delaware; they are arrested at Manhattan, 127. Memorial of Jaspar Graine, &c, respecting it, 127 — 130. Proceedings of commissioners on it; they write to Dutch governor, 130, 131. Deter mine to settle plantations on Delaware; apply to Captain Mason; he declines, 133. A ves sel from, protested against, 135. Proceed ings of general court at; letter to the Swedes, 153. Right to lands on Delaware asserted, 156. Further proceedings, about Delaware, 166, 171. Report of commissioner appointed by last court on Delaware ; purchase of lands, Ac, 171. Mr. Davenport and Hooke decline going, 171. Proposed to two magistrates to go, 171. Their answer, 172. Petition of Munson and Cooper, for privileges in settling 83 657 Delaware,*174. Answer of the court to, 175. Court meets to receive John Cooper's report on his voyage to Delaware, 176. Further proceedings, 177. New Jersey, grant of, to Berkley and Carteret, 360. Name given,<360. Letter from Love lace to, about murders, 388. Governor to call assembly, 389. Complimented by Go vernor Lovelace, 392. Berkley sells to Bil linge, 404. Fenwick appoints Penn, &c. trustees, 410. Penn aids in settling, 410. New grant for, to duke, 412. New convey ance to Carteret, 412. John Fenwick arrives ; Purchases land from Indians, 419. Divided, 424. Ship Kent arrives with commissioners from the London and Yorkshire Companies, who purchased Billinge's lands, 443. They purchase from the Indians, 443. New Netherlands, first so called, 6. Company ask for protection against the English, 7. Rejected, 8. No appeal from judgment of, 138. Divided into New York and New Jer sey, 360. New Port May, (see Delaware Bay,) 4. New Swedeland Stream, (see Delaware River,) 4. New Sweden, convict to be transported to, 138. New York. (See New Amsterdam.) Receives its name, 362. Court of assizes issue order respecting patents, old and new, 370. Go vernor and council give directions for better government on Delaware, 371, 372. Appeals from Delaware to, 372. Duteh ships, under Evertse" and Benkes, arrive, 405. Commander of the fort delivers it up, and Dutch power again prevails there, and in New Jersey and Delaware, 405. Reverts to England, 410. Andross, governor under Duke of York, ar rives, 412. Issues proclamation, 414. M. Nicholls sworn as one of council, 413. Re solution of council respecting Fenwick, 421. Thomas Dongan appointed governor, 596. NichoUs, Colonel Richard, commissioned by King Charles to take possession of New Ne therlands, 358. Arrives with the commis sioners at New Amsterdam, 361. Issues his proclamation, 361. Corresponds with Stuy vesant, 361, 362. Issues his orders to Cap tain Hyde, of the Guinea, 362. Proposals to treat received from Peter Stuyvesant, 362. Commissioners appointed ; articles drawn up and signed, 362. Changes name to New York, 362. Turns attention to the Delaware, 362. Commissioners appoint Sir R. Carr to proceed there with three frigates, 362. Ap pointed by the others to proceed to Delaware and establish government, &c, 367. Grants a license to trade there, 368. Grants land to Captain John Carr, 369. Issues orders to collectors and receivers, to grant encourage ment to trade, 369. Succeeded by Governor Lovelace, 370. Expenses of expedition to Delaware to be paid out of fines of Long Finn, 397. Noble, Richard, a surveyor, 443. Produces his commission as surveyor of Upland, from An dross, 470. Nova Caesarea, (see New Jersey,) 360. 658 INDEX. 0. Oath to be administered to Swedes and Finns, 359. Illegally taken in New York to be void at Whorekill, 465. Obbes, Captain Lumis, runs off with a vessel loaded with provisions for New Amstel ; great distress by it, 254. Oplandt, Fort, erected, 25. Oppression complained of. by a jailor, 245. Ordinance respecting tobacco, 97, 225. Ordinaries, fit persons to be appointed, 442. Oxenstiern, John, Swedish ambassador to Eng land ; said to have removed EngUsh claim to America, 28. Oxenstiern, Axel, ehanceUor, pubUshes procla mation of Gustavus, 34. And an address, 34. Assigns reasons for previous failure, 34. Death of 155. Pappegoya, John, arrives with letter of intro duction to Governor Printz, 76. Conduct to Dutch commissioners, 102, Succeeds Printz, 142. Recommended by Rysingh, 155. An nounces arrival of the Mercurius on Dela ware, 212. Pappegoya, Madame, [Armgardt Printz,] peti tions governor for Tinnicum, 219. Granted, 220. And to excuse her man from trainings, and aUow her to distil in her own kettle, which he grants, 399. Suit against Captain Carr for Tinnicum; proceedings in court, 400, 401. Appraisers commissioned to value Tinnicum, and put her in possession, 403. Passengers, number who have arrived through Penn's agency, 462. Passport, Swedish, to Oloeff Stille, 39. Passyunk, viUage of Swedes at, 309. Swedes unwilling to remain there, 314. Census of, to be taken, 313. Patents, order respecting old and new, espe cially under Duteh, 370. Order of Lovelace respecting, 374. For land to be granted, 382, 387. For land to be recorded, 418. Of Love lace confirmed by Andross, 419. From Ni choUs, in 1668, for lot at Upland, transferred, 450. See Lands. Patroonships offered by Dutch West India Com pany to certain Swedes, 21. S. Godyn ac cepts the offer, 22. Pedrick, Roger, conveys his share of Marcus Hook, 454. Asks for a division, 462. Penington, Mary, dies, 595. Penn, William, born, 81. Arbitrates between Fenwick and Billinge, 404. Appointed a trustee to Fenwick, 410. Sends over com missioners to Jersey, 443. Death of his fa ther, 473. His circumstanoes then, 473. Marriage to G. M. Springett, 473. Connec tion with Jersey, 473. Debt of government to his father, 474. Proposes to tako land in America, 474. His petition for it, 474. Pro ceedings before privy-council, 475, 476, 480 ¦ — 487. Receives, with others, conveyance of West Jersey, 478. Obtains removal of duties from WhorekiU, 478. Boundaries fixed by Lord North, 486. Lord Bishop asked to draft a law for settling Protestant religion, 487. Committee of lords present charter to the king for his approbation, leav ing name blank, 487. His majesty signs the charter, thus constituting WiUiam Penn pro prietary of Pennsylvania, 488. The charter, 488 — 499. Letter*from, to R. Turner, giving history of the name, and his feeliifts, 500. His letter to the inhabitants, 502. distrac tions to Markham, 503. Appoints him deputy governor, 503. His commission, 503. Writes letter to Lord Baltimore, 505. Issues pro posals; advantage of colonies; description and plan, 505 — 513. Conditions and conces sions, 516 — 520. Treatment of Indians, 519. His progress, 520. Negotiation for New Cas tle discouraging, 521. Letter to R. Turner; refusal of handsome offers, 521, 522. Letter to James Harrison, explaining provision for servants, &c, and appointing him agent in England to seU land, 523. Power of attorney to, 524. Appoints three commissioners to lay out town,