|Record of Upland Court|
Record of Upland Court - 1676
ATT a Court held at Uppland in Delowar Riuer By the authority of o' Soueraigne Lord Charles the Secund by the Grace of God of England, Scotland, France, & Yreland King, defeendor of the faaith ' the 14th of November and in the 28th jeare of his d ryties Raigne, Annoq Domini 16 76 ;
Capt". John Colier & Capt". Edmond Cantwell being Impowered by his honor the Governor feor to administer the oath unto the Justices hereunder named according to the new Commission the same was accordingly done and were sworne, viz:
MR PETER COCK MR PETER RAMBO MR ISRAEL HELM Justices MR LACE ANDRIES
MR OELE SWEN M OTTO ERNEST'
Itt was ordered that the severall new Commissions etc:
should bee Recorded
1 All of these were Swedes, and their names frequently occur in the history of the Colony. Helm was foor many years Indian interpreter. Rambo and Cock were two of the foour magistrates, who, in 1658, met Governor Stuyvesant at Tiiinicum "with a petition foor various privileges" (Hazard's (35)
B THE GOVERNOR.
These, are to authorize Captnn. John Colier & Captn. Edmond Cantwell or Either of them to give the oaths to the new Magestrates, att New Castle and upp the river att Delowar, as also att the whorekill ffor the doing whereof, this shall bee yor Warrant. Given under my hand in New Yorke this 27th day of Septembr. 1676
(Signed) E. ANDROS.
EDMOND ANDROS I Esqr Seigneur of Sausmarez Lieu:t and GoveMor: Generd under his Royl,l Hlighnesse ,James Duke of Yorke & Albany etc. of all his Territories in America.
(Ann., 243). Rambo was aftterwards appointed commissary, an office which he resigned in 1661 (Id., 324). Cock, in 1663, was appointed collector of Tolls on Imports and Exports (Id., 349); and, in 1668, they were, with Helm, chosen members of Governor Carr's Council (Id., 371).
Rambo, who came with the original settlers, and Helm, were born in Sweden, and they were both living, in 1693. Rudman, AL quoted in Clay's Annals of the Swedes, 50, 139. Acrelius' Hiistory oof New Sweden, 220. Stockholm, 1759.
Swen or Sweusen was, in 1664, one of the patentees foor the Wicaco tract, which foormed a large part of subsequent Philadelphia.
1 "Sir Edmund Andros, Knight, was of English ancestry, origiiially from Northamptonshire. John Andros [or Andrews,] the first of them connected with Guernsey, was Lieutenant to Sir Peter Mewtis, the Governor, and married in 1543, Juudith De Sausma.rez, the heiress, who brought the fief of Sausmarez into the faamily. Sir Edmund was born in London, 6th December, 1637. His father, Arnias Andros, being then Marshal of the ceremonies to King Charles I., Sir Edmond was brought up from a boy in the royal faamily, and on its exile commenced his career of arms in Holland under Prince Henry of Nassau. Upon the restoration of Charles II. in 1660, he was made gentleman in ordinary to Elizabeth
BY VIRTUE of the authority deryved unto mee; I: d hereby in his Maylies i‑laiiie, constitute appoint & auth rize you Mr Peter Cock ,Nlr Peter Rambo Mr Isra Helm Mr Lace Andriesen Mr Oele Swen & Mr Of
Stuart, Queen of Bohemia, the King's aunt. In the war waged by Char. against the Dutch, and which ended in 1667, he bore a distinguished pa Major Andros, in 1672, was commander of the foorces in Barbadoes.
the same year, the palatine and proprietors of the province of Carolir by a patent, in which they made allusion to his services and merits, co feerred on hiin and his heirs, the title and dignity of Landgrave, with foo ~baronies, containing 48,000 acres of land. The distinction does not appe to have been otherwise beneficial, and neither he, nor his heirs, it is b lieved, at any time derived advantage from the large quantity of land ai nexed to the dignity. In 1674, on the death of his faatber, he succeede to the office of bailiff of Guernsey. The same year the war, which ha recommenced with the Dutch, having terminated, he was eomiuissioned F patent, dated 24th July, to receive froin them New York and its dependei cies pursuant to the Treaty of Peace, and was constituted its Governo General. It was on his return from thence in 1681, that he was knighte by Charles If. In 1686, James II. appointed him Governor, Captai General, and Vice‑Admiral of Massachusetts, &c. After the rcvolntior William III., in 1692, prefoerred him to the Governorship of Virginh and at the same time to that of Maryland. In 1704, under Queen Anne, h was made Lieutenant‑Governor of Guernsey, became a widower at Bostom in New England, and married twice aftterwards, closing his eventful lifee i the parish of St. Anne, in Westminster, without issue, in February, 171' in his 76th year.
"Throughout the long course of his career, he resolutely encountere the duties and responsibilities of his high offiee, and was successful in r sisting in his military as well as civil capacity, the intrigues and hostiliti of the neighboring French and Indians to which he was continually
posed. By some of the chroniclers of the period who wrote doubtless nc uninfluenced by its partizanship, he has been represented in his earlie government as an abettor of tyranny; but by others of them, appearin to have possessed the best means of judging of the circumstances unde which he acted, his conduct has been liberally estimated (Cbaliners' Poli tied Annals). His later administration under William Ill., is allowed t have been irreproachbl,."
The above faa'vorable sketch of the lifoe of Andros, is taken frrom Dun
Ernest Cock to bee Justices of the Peace in the Jurisdiction of delowar River and dependences, and any three or more of you to bee a Court of Judicature, Giving you and Every of you full power to act in the sd Employment, according to Law & the trust Reposed in you, of w all pTsons concerned are to take notice, & give you ye due respect and obedience belonging to yo:r places in dischargeing yo:r Dutys; This Commission to bee of force foor the space of one yeare after the date hereof, or till further order. Given under my hand and scale in New Yorke the 23th day of September, in the 28th Jeare of his May' Raigne, Annoq Domini, 1676
(Signed) E. ANDROSS
EDMOND ANDROS Esq. Seigneur of Sausmarez, Lieut: and Governor Gener under his Roy Hlighness James Duke of Yorke and Albany etc: of all his Territories in America.
BY VIRTUE of the authority deryved unto mee under his Royall highness I: do hereby constitute and appoint
can's History of the Island of Guernsey, 588‑590 (London, 1841); the text, however, having been somewhat abridged in unessential particulars.
It may be added that while the authority of Chalmers relied upon by the above writer in more liberally estimating the conduct of Andros, cannot be regarded as altogether impartial and trustworthy, yet it must, notwithsta*4ing, be admitted that the justice of the comment upon the Governor'sadministration in Virginia, is not to be disputed.
Since the note was written, vol ii. of "The Documents Relating to the Colonial History of New York," has been published, where in a note at p. 740, may be foound an elaborate biography of Andros by the editor, E. B. O'Callaghan, M. P., in which some additional particulars are given.
you, EPIIRAIM Herman to bee Clarke of the Court of New Castle in delowar and aJsoe of the Court att uppland in the River, You are therefoore Carefully to discharge yo
duty of a Clarke according to Law and Practice; Given under my hand and seale in Nieu Yorke this 23th day of Septemb" 1676
(Signed) E. ANDROSS
A Coppy of his Hon6r the Governor's Instructions;
EDMOND ANDROSS Esqr: & Seigneur of Sausmarez, Lieu & Govern o' Gen~' under his Royall Highnesse James Duke of Yorke and albany etc: of, all the Territories of America
WHEREAS The Last Jeare att my beeing att delowar uppon application of the Inhabitants Representing that my p"decesso" Governor Lovelace had begun to make a Regulacon foor the due administracon of Justice according to the Lawes of this Government, pursuant to wich I: did appoint some majestrates and make some Rules foor their proceeding the Jeare e'suing or till further order; In wich haveing uppon mature deliberation, by the advyce of my Councill made some aiteracon, They are to Remaine and bee in foorce in forme following;
1. That the bookes of Lawes' Establisht by his Roy'! Highnesse and practized in New Yorke Long Island ~*id
I The "Book of Laws" was that compiled and established under the authority of the Duke of York, in which were incorporated some of the laaws and Usages of the New Netherlands, a description of which code may be foO"d in the introduction to this Record.
deendences Bee Likewyse in foorce and practice in this River, and precincts, Except the Constable's Co: County Rates, and some other things; Peculiar to Long Island,‑and the militia as now ordered to Remain in the King; But that a Constable bee Jearly in Each place chosen foor the preservation of his Ma tes Peace, wt' all other Powers as y
Directed by Lawe.
2. That there bee three Courts held in the severall parts of the River and Bay as foormerly, to wit, one in New Castle, one above att upplands, another below at the whorekill;
3. That the Courts consist of Justices of the Peace, whereof three to make a coram & to have the Power of a Court of Sessions & decide all matters under twenty pounds wthout apeall, In w Court the Eldest Justice to peside unlesse otherwise agreed amonghst themselves, above twenty pounds & foor cryme, extending to Lyfee Limb or banishment to adniitt appeale to the Co. of assizes;
4. That all small matters under the vallue of fyve pounds may bee determined by the Court without a Jury, unlesse desiered by the partees, as alsoe matters of Equity;
5. That the Court feor New Castle bee held once a inoneth to begin the first Teusday in Each month and the Co:rt foor uppland the whoorekill quarterly and to begin the second Tuesday of the month or oftener if occasion;
6. That all necessary By‑lawes or orders, not Repugnant to e Lawes of the Governm., Made by the said Courts bee of foorce and binding, foor the space of one whole Jeare, in the severafl place where made, They giving an account
thereof to the Govern o by the first opportunity ‑and that no fines bee made or imposed but by order of Court.
7. That the severall Courts have power to Regulate the Court and officers' foees, not to Exceed the Rates in the Booke of Lawes, nor to bee under halfee the vallue therein Exprest.
8. That there bee a high Sherrifee foor the Towne of New Castle, River, and Bay; and that the d High Sherrifoe haue power to make an undersherrife or marshall being a fit prsofl, and foor whome hee will bee Responsable, to bee approoved by the Court. But the Sherrifee, as in England, and according to the now practice on Long Island, to act as a principall officer foor the Execution of the Lawes but not as a Justice of peace or magistrate.
9. That there bee fitting Bookes provyded feor the Records, In wich all Judiciall proceedings, to bee duly and faairly entred as also publicq orders frrom the Governor, and the names of the magistrates and officers authorized, w
the tyme of their admission. The s:d Records to bee kept in English, to wich all prsons concerned may have free Recourse at dwe or sesonable tyines;
10. That a fitt pTson feor Clarke (when vacant) bee Recomended by Each Court to the governor; feor his approbation, in whose hands the s Records to bee kept;
11. That all writts warrants & proceedings att Lawe shall bee in his maylies name. Itt haueing been practized in the Goyermt ever since the first writing of the Lawe booke, and itt being his Roy':' Highnesses speciall Pleasure and Order.
12. That no Rates bee Imposed or Levys of molly made
wm th,, Towne of New Castle, River, or Bay by any
under what denomination soever w?out the approbation of the Governor unlesse upon Extraordinary occasion in Case of necessity, of w the Governo to haue prsent acct sent him. That upon the Levy of any Rates there bee a faaire acct kept both of the Receipts and disboursments, w
Cort account to bee Given in to the there to bee past and then sent to the Governor: foor his allowance, untill wich not to bee a sufficient discharge.
Whereas by this Regulation there are no ouerzeers apom.nted nor Constables Courts, but all matters to bee determined by the Justices; I: doe therefoore Recomend the Composure or Refoerring to arbitracon 1 of as many matters particularly under the vallue of fyve pound as may properly be determined that way, Provided it may bee by the Consent of Partees;
That any PrSoni desiering Land make application to the
The following was the provision in the Duke's Laws relating to Arbitration
"All actions of Debtor Trespasse under the value of five pounds between Neighbours shall be put to Arbitration of two indiffeerent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence) their Arbitration: Then the next Justice of the peace upon notice thereof by the Constable shall choose three other indiffeerent persons; who are to meet at the Dissenter's charge from the first Arbitration and both Plaintiffee and Defoendant are to be concluded by the award of the persons so chosen by the justice." Collect, of N. York Hist. Soc., i. 308.
This enactment perhaps suggested to Penn the law on the subject of Peace‑makers and Arbitration' by which it was required "That in every precinct, tle persons shall be yearly chosen in that place as common peace‑makers in that precinct." The "parties diffeering 11 were required to sign a Refoerence and submission of their matters in controversy to men so chosen as afooresaid, and upon a ratification of the refoerence by the county, was "as conclusive as a sentence given by the county court." Laws passed at Phil., 1st March, 1683.
Court in whose bounds itt is whoe are Required to sitt once a month or ofttner if there bee occasion to Give order therein & Certify to the Governo! foor any Land not taken upp and Improoved fitt Proportions, not Exceeding fifty acres p head unlesse uppon Extraordinary occasions where they see good Cause feor itt, wc:l Certificate to bee a
sufficient authority or warr foor the Surveigo" to surveig the same and with the Surveigors Returne to bee sent to New Yorke foor the gove approbation; That in the Certificates be specifyed how much upland and meaddow due Reguard that Each may have a proportionable sheare, according to the place they are in Landward; Given under my hand & seale in New Yorke, the 25th day of Sep temb. the 28th Jeare of his may sreigne a Porn: 1676
(Signed) E ANDROSS
r in tie
The Co ordered that Mr. William Tom' the foormer Clarke should deliver unto the prsent Clarke Eph: Hlerman, the Records and other publicq bookes and wrytinigs belonginig to this Court;
Tim: SPRY P.
The estate of HEND: JOHNSON deceased
The Pl‑t niot appearing by himselfee or attorney, the Col ordered a non suit to bee entered against the Pl‑t w costs;
1 This order appears to have been obeyed' for in 1677'Andros, to whom the papers had probably been transmitted, after endeavoring to arrange them, complained of their confusion' and returned them by the clerk, Mr. Herman, with a request that Mr. Tom 11 foorthwith put them in order, and cause them to be faairly copied in a book." . . . As Mr. Tom died in the fo0110wiDg year' and his papers were reported in confusion (Hazard's Ann., 441' 448), it is probable the order was never complied with, which ma), account foor the disappearance of the records.
Uppon the Peticon of Mr. Will: Tom desiering that Execution might bee entered uppon the Record, against all those whoe shall deny to pay the s Mr. Toms Just foees by him Earned during the tyme that hee was Secretar to the C6r',. ete;
The Co ordered that Execution should bee Granted against those whoe should proove unwilling to pay the s Mr. Toms Just feez.
Uppon the Peticon of Justice Israeli helm desiering to haue some Recompence feor Haueing served the Riuer often and att sundry tymes as an Interpreter w the Indians, etc;
The Cor' annswer that they will order the Clarke to wryt to his honr y Governor about y same;
WHEREAS, itt hath ben Represented to this Court that the Estate of Hendrik Johnson deceased was made wast of & that the heirs of the s hendrik Johnnson (as yet being in minority) haue no guardian to take ceare of them & also of the said Estate; The Court haue thought fitt to nominate & appoint Jan Jansen and morten morten sen to bee ouerzeers and guardians of the s Estate, and the goods and chattles of the deceased, who are to bring a true Inventory of the s Estate into the office feor to bee Recorded.
The Court thought fitt to wryte to his Hon6r the Governor the feollowing Lettre
BIGHT HONO GovERNo'.R
Sence itt hath Graciously pleased yor honor to Corn
missionate us Justices of the Court & Jurissdictioni att
upplannd in delowar River; wee find itt o1' duty humbly to
pronor Sent to his h the hereafter mentionned perticulars
for Wc:h Wee Intreat yo' honors faavorable grant and approbation viz; or
1. That yor hon will bee pleased to Confirm the order made att the Last Gener1' Court here about the voolfees heads. or Will prS
2. That his Hlon . crybe a way & order how the Charges of this Court when they sitt may bee foound, Conciederirig that wee all Live att a Great distance frrom or Court place, and the amereemts (by Reason of the small number of actions) amounntin‑‑ to Little; and that yo hono' will bee pleased to Impower us, so that the old debts
of the Court together the debts sencehonors go 97)
vernmeni . May also bee sattisfyed by the same way hono shall prescrybe:
Lastly, Mr Israell helm hath ben often Imployed by Capt Cantwell, as Interpreter w the Indians, who now makes application to tlnis Court foor some Recompense foor his s trouble & Losse of tyme of W' wee are all sensible.
Wee therefoore desier his h . Either to prescrybe a way how wee may Recompenise him, or order the same otherways, so as yo honor in his wisdome shall thiink fit; soo
prayiing God foor his honor.s health & prosperity wee Rema
NOV. 14th 1676.
By order of the Same
Yo honorrs humble and faaithfuull
subjects the maijestratz of the Cor
.t at upplanid
The Court nnakeing upp the acco w' neeles Laersen for the Charges of Keepeing of Court and Justices dyet there; do find, that the same comes to 452 Gilders,' whereof 200 Gilders is paid Last Jeare by Capt Cantwell. Rest 252 Gilders Due.
The Cort adjorned unitill the 2d Teusday in martch next, and no sooner by Reasoni of the winter Ceason, and so is to Conitinue and bee kept quarterly.
Att a Court held att IJppland In Delowar River March the 13th annoq Dom: 167
CAPTN EDMOND CANTWELL
P" JOHN ASHMAN Deft
ME PETER COCK
MR PETER RAMBO
MR' ISRAELL HELM
MR LAECE ANDRIES
MR OTTO ERNEST Justices
Ani attachment of the defts Effeeets in the hands of frrancis Walker;
frranicis Walker appeared and sayed to haue formerly attached the same Cattle in his owne Suit ete; The Court thought good to Continue this action untill next Court;
EDMOND CANTWELL, High Sherrife P't RICHARD BUCKET & SWART ANNA Defts This action is also Continued untill the next Court day;
1 A guilder was equal to 40 cents of American currency.
UPLAND: COURT. 47
JUSTICE ISRAELL HELM
OLE OOLSEN Deft
The pltf declares that this deft in a most abusiff and malicious manner did beat & strike this Pl:t and w? many scandalous Evill words did abuse him;
Lace Coleman Testifys that hee sawe the deft haue hold of the plt and that Justice Israell helms shirt was torne all in peaces; The def Remaining absent; The Court doe order that the s def appeare at.t the next Court day to defoend his s fact, or In case of further default, Judgement to passe against him according to Lawe and merrit;
MORTEN MORTENSEN P
MouNs STAECKE Def!
The pl declares as p declaration about an ox by this def! and his serv KilIed etc;
The pl!. witnesses being supened & not appearing the Court ordered this action to Continue untill next Cbrt and if the witnesses do not then appeare, they to bee fined;
MORTEN MORTENSE P't In an action of assault
MOUNS STAECKE Deft J and Battery
Jonas Nealson & andries Boen sworne in Court declare that they came w the P" to the house of Mouns Staecke & there did see the deft to Run against the pl so that hee threw him backeward to the ground, hee the pl haueing some meat uppon his bake, The Court doe COnntinue this action unt,ill further order, and In the meantyme doe Recommend the partees to Compose the difference
ANTHONY NEALSON P't LACE DALBOO Deft
The P'!. not apearing by himselfee or attorney a nonsuit was ordered against the P't wt? Costs.
TJppon the Peticon of Johannes de haes sheweinig that hee obtained a Pattent of the Late Governo! franneis Louelace of a peace of Laind Lyinng in the boght1 betweene the Land. of oole fransen & company anid ye creek called namans creeke; wc~ s Land was not yett survei‑,hed, so that the PetiConr is unncertain of the quantity of the s Land and therefeore desiered That the Court would bee pleased to give order & withall a warrant feor the Layimig out of the s Land etc.
The Court did grannt the Peticonr his s Request and that a warrant bee Given him for the surveigors Laying out of the same.
The Charges of Keepeing Court att neales Laersens house and feor the dyet of the Justices & Command this day amount onne huindred Gilders of w' the Cor.t allow.
The Court adjourned until the 2d Teusday of June nnext.
Jan hendrikse aknowledged In Court a deed feor a prcell of Land by him made ouer unto William orian.
Will: orian made ouer ye halfee of s' deed unto michiu hard.
1 Bogt, a Dutch word, signifying bend of the river.
2 .Wwinian's Creek. Acreius (64), states this name to be of Swedish origin, and calls it "Nymans Kihl;" but Lindstrom, the best authority, writes it "La Riviere de Naman," and it probably received its title fromNaaman, an Indian Chief of some note.
Att a meeting held by ye Commainder & Justices att uppland, uppon the news of the Simeco Indians comming downe to feetch the Sasquehanno that were amonghst these River Indians
March the 13th aninoq Porn. 1676
CAPT' JOHN COLIERComandr
MR' JOHN MOLL
1 MRR PETER COCK prsent
MR PETER RAMBO
MR ISRAELL HELM
MR LACE ANDRIES
MR OTTO ERNEST COCK
Itt was concluded upponi the motions of Rinowehan the Indian Sachomore for the most quiet of the River viz. That Capt Colier & Justice Israeli helm goe upp to Sachamnexini 1 (where att prsent a great number of Simico & other Indians are) and that they Endeauor to prswaede the Simecus the Sasquehannos & these Riuer Inidians to seimd
Each a Sachomore or Deputy to his hon the GoVernor att New Yorke, and that Justice Israell helm goe w"h them;
foor to heare & Receive his hoW! &soiucons & answer to their demands;