Ege, Ralph, Pioneers of Old Hopewell, Race & Savidge, 1908, Number III, pp. 15-16.
In the year 1691, Dr. Daniel Coxe transferred the right of government of West Jersey to a company of proprietaries called "The West Jersey Society of England," for a valuable consideration. Ege, Ralph, Pioneers of Old Hopewell, Race & Savidge, 1908, Number XXXV, pp. 200-201. Among the Archives of the Supreme Court of this State is found the record of the famous trial between Doctor Daniel Coxe and fifty of the early settlers of Hopewell Township, who had purchased their lands of Thomas Revell, agent for the West Jersey Society. The writer has a copy of the original writ of ejectment, together with the names of those on whom it was served, dated May term of Supreme Court of New Jersey, 1733. Of the fifty, who on April 22, 1731, entered into a written agreement and solemn compact to stand by each other and test the validity of Dr. Coxe's claim to the 30,000 acre tract, embraced in old Hopewell Township, six were Parkes, Roger Sr., Roger Jr., John Sr., John Jr., Joseph and Andrew. Archives of the State of New Jersey, First Series, Volume XI, Newspaper Extracts, 1735, pp. 431-432. The American Weekly Mercury, August 21-28, 1735
By his Excellency William Cosby, Captain General and Governour in Chief of the Provinces of New Jersey, New York, and the Territories thereon Depending, in America, Vice Admiral of the same, and Colonel in his Majesty’s Army, &c.
In Council, A PROCLAMATION
Whereas I have received information upon Oath, that one Duncan Qguillon and one John Collier, were on the second day of July last past, severally put into the Possession of the Dwelling Houses and Plantations lately in the Possession of John Parks and Thomas Smith, late of Hopewell in the County of Hunterdon, by Daniel Coxe Esq.; who then had possession of the said dwelling Houses and Plantations, delivered unto him by Bennet Bard, Esq.; High Sheriff of the said County of Hunterdon, by Virtue of a Writ of Possession to the said Sheriff, directed and issuing out of the Supreme Court of this Province of New Jersey: And that in the Night between the Thursday and the Friday following, divers Persons unknown, to the number of Twelve or more, being all disguised, having their Faces besmear’d with Blacking, and Armed with Clubs, and Sticks in their Hands, Did in an Insolent, Violent, and Riotous Manner, break into and enter the said respective Dwelling Houses, and did Assault, Beat, and Wound the said Duncan Oguillon and John Collier, and other Persons then in the said several Dwelling Houses; and them did with Force & Arms, violently amove and turn out of possession, Cursing, Swearing, and Threatening in a most outrageous manner, that they would Kill and Murder the said Daniel Coxe Esq; in Defiance of all Law and Government.
To the end therefore, that the said audacious Offenders may be brought to condign Punishment; I have thought fit by and with the Advice of his Majesty’s Council, to issue this Proclamation, hereby promising his Majesty’s most Gracious Pardon, to any one of the said Offenders, who shall discover one or more of their Accomplices so that he or they may be brought to condign Punishment. And as further Encouragement to any one who shall detect so unparallel’d and insolent an Outrage, I do hereby promise to Pay to the said Discoverer the Sum of Thirty Pounds, Proclamation Money, within one month after any or either of the said Offenders shall by his Means be convicted of the said Offence.
Given under my Hand and Seal at Arms, at Perth Amboy, the Twenty Second day of August, in the Ninth Year of his Majesty’s Reign Anno Domini, 1735.
By his Excellency’s Command, Hale, Rev. George, A History of the First Presbyterian Church of Hopewell at Pennington, New Jersey, 1876, pp. 5-12. It is just two hundred years yesterday since "the old Province Line," the division line between East New Jersey and West New Jersey, was fixed - a compromise of vast importance to the peace and prosperity of New Jersey. “This was concluded by a deed between George Carteret of the one part and the trustees of Edward Billinge on the other. July 1, 1676.” September, 1707. Dr. Daniel Coxe owned twenty two shares of propriety, was Governor of West Jersey from 1687 to 1690, and appointed Edward Hunlock his deputy. In 1691 he conveyed the government of West Jersey and territories to a company of proprietaries called the West Jersey Society, for the sum of nine thousand pounds sterling. (Smith's N. J. pp. 190, 207.)
Possibly it was this conveyance of the right of government that furnished the pretext for the sale of the numerous tracts of land in Hopewell and Maidenhead, to parties who were afterwards ejected from their lands because the title under Thomas Revell was not valid. Of this more hereafter.
It may be interesting to know that there is every reason to believe that the land in this region was fairly purchased of the Indians. We have here a copy of the deed from the Indian Chiefs to Adlord Bowde, Agent of Dr. Daniel Coxe, as follows:
To all people to whom this p’sent writing shall come, Hoham, Teplaopamun, Mehekighue, Capernonickon, Nahusing, Mehkaekan and Shawonne, Indian Sachimachers and owners of the followmg tract of land in the Province of West Jersey, send greeting, The territory originally embraced in Hopewell was diminished on the south by the order of the court, of which there is the following record:
March 2nd, 1719-20. Ordered by the Court that the bounds of Trenton be entered upon the reeord as followeth, ordered accordingly. Beginning at the landing on Delaware river in Nottingham, running up sd river to the mouth of Jacob's ereek, thence along said creek to a run called Jacob’s run, thence up sd run to Thatcher’s swamp, along a run that runs into Shabbakunk including Ralph Hart’s plantation to the line that divides Hopewell from Maidenhead, Thence along sd line until it comes to the sd line of Mr. Trents and Thos. Lamberts land, thence along sd line between Mr. Trents and Thomas Lamberts to Delaware River aud so along sd river to the first mentioned station.
By Act of Provincial Assembly, Jan. 21, 1709-10, Burlington county included Maidenhead, Hopewell and Amwe1l. Hunterdon county was set-off by Act of March 15, 1713-14, making the Assunpink the southern boundary, including what are now Trenton, Ewing, Lawrence and Hopewell in Mercer, with Morris, Sussex, Warren and Hunterdon counties. That these, except the last named, and others with them, were bought under a title that did not prove valid, appears from the following document and the events which succeeded its being signed :
Whereas the subscribers whose names are hereunto affixed having purchased several considerable Tracts of land of one Thomas Revell an agent of ye honourable Societie of West Jersey (and other the residentors therein) being part of the tract known by ye name of ye Thirty Thousand above ye falls of Delaware Lying in ye Township of Hopewell, couuty of Hunterdon and Western Division of New Jersey and of him received such conveyance as by virtue of the Commission of Agency in the behalf of Honourable Society are Deemed and esteemed in law Effectual till a more fezable title can be made appear and whereas there is now claim laid to our severall Tracts aforesaid by Colonel Cox under a pretence of being Chief Proprietor thereof whose right to us has not been made appear, Therefore not thinking ourselves not ye least obligated to surrender up our respective lands to the use of said Cox till more legall proprietorship can be naade apparent1y by him appear we think it is requesit on such a claim to stand a Tryal as ye law Tantely shall Direct. In order to which proceeding ye sd Cox by attorney has Ejected several of us from from our premises obliging us to an Issue and we subscribers thinking it a hardship to carry on this Suit by one particular person wherein so many is concerned we draw this instrument obliging each of us the subscribers our heirs Executors and administrators to ye each other in ye penal sum of fifteen pounds current money of this province to be paid by the defauter if he stand not to and abide by every of ye clauses above said and well and truly perform this Covenant, That is to say Each of the Subscribers oblige themselves to each other in the penalty exprest equivalent to the 1and ye possess [he possesses] to emburse so much money towards ye carrying of this snit as the whole complement shall be found sufficient to defray the contingent charge of Trying this Title. In Testimony whereof we have hereunto set the hand this twenty Second of Aprill annogre Dominy 1731, These cases of ejectment were all removed by a rule of the Supreme Court from the County of Hunterdon to the county of Burlington, because of the alleged prejudice in favor of the defendants in Hunterdon. A jury of twelve Quakers (with the Hon. Robert Lettice Hooper, Chief Justice) tried the case, and gave their verdict for the plaintiff. Murray was the attorney for Colonel Coxe, and Kinsey the attorney for the several defendants. One of the latter, George Woolsey, carried the case (as a test case) to the Court of Errors; but it was of no avail.
This society appointed Thomas Revell their agent, and he claimed the right to sell lands and give deeds for the same in the name of the society.
Great inducements were held out to the New England and Long Island settlers as well as to those of the older portions of this state, to avail themselves of the cheap and fertile lands of the thirty thousand acre tract, and scores of them were induced to come and settle, only to find that after they had subdued the wilderness and established their homes, that their titles were utterly worthless.
Fifty of these settlers (among whom is found the name of Thomas Houghton) entered into a solemn compact to stand by each other in a law suit with Dr. Coxe.
After a long and tedious trial at Burlington, the case was decided against them, and this verdict caused the most distressing state of affairs in this township that was ever experienced in any community.
Writs of ejectment had been served on them as "tenants" of Dr. Coxe to pay for their lands the second time or "quit."
Their lands had cost them only fifty cents per acre to purchase, it is true; but they had purchased them in good faith and spent the best years of their lives in clearing them. Many had mortgaged them to pay the expense of improvements, consequently not being able to incur the additional expense, they were compelled to leave their homes and seek new homes elsewhere, risking for the second, and some of them for the third time, the perils of the wilderness.
Many of them went to the northern part of the county which at that time extended to the New York state line, the county of Hunterdon, including Warren, Morris and Sussex counties, and an examination ofthe records of those counties between 1735 and 1750, will reveal many names that are very familiar to the people of old Hopewell.
The writer has a copy of this original writ of ejectment, together with the names of those on whom it was served, dated "May term of Supreme Court of New Jersey 1733," and a number of interesting documents in connection with it, which will appear later.
Dr. Coxe gained the suit, and the settlers who were unwilling to pay the Coxe claim were notified to vacate. Then came the great excitement incident to ejecting the settlers from the farms which they, or their fathers, had purchased in good faith, and on which they had built dwellings, barns and fences, and spent many years in clearing and improving.
At the August term of the Supreme Court, 1735, complaint was made by Mr. Murray, Attorney for Dr. Coxe, that several persons in Hopewell, had, in a "riotous and outrageous and violent manner, and by night assaulted ye persons who by virtue of his Majesties writ, were by the Sheriff of Hunterdon County, put into possession of the several houses and plantations of the persons named in the complaint." Public sentiment among the settlers at the time of this great excitement was largely in sympathy with those who resisted forcible ejectment from their homes.
However it was a lost cause, and their resistance only resulted in their being heavily fined, and bound over to keep the peace. Many of the settlers made the best settlement possible with the attorney of Doctor Coxe, while others sold out their improvements to newcomers from Long Island and elsewhere, for barely enough to give them another start in the wilderness, either in Virginia, Pennsylvania or northern New Jersey.
W. Cosby
Lawr. Smyth, D. Secr.
God Save the King
Already, March 20, 1664, Charles II, King of Great Britain, had, by royal charter, made an extensive grant of territory in America to his brother James, the Duke of York. On the 23d of June, in the same year, James conveyed to Sir George Carteret and Lord Berkley the section which was then for the first time named New Jersey, with boundaries corresponding exactly with the present limits of this State. Sir George Carteret sold out his right in the part, which subsequently bore the name of West Jersey, to John Fenwicke, as trustee for Edward Billinge and others. This section having been divided into one hundred parts and distributed among the proprietors, the tract cal1ed the thirty thousand acres above the Falls of the Delaware fell to the lot of Thomas Sadler and Edward Billinge, who, on the 20th of October, 1685, sold out their title and interest to Dr. Daniel Cox, of London. This is the original township of Hopewell, the first accurate survey of which extant is to be found in the Book of Surveys, page 103, in the office of the Secretary of State at Trenton, having the marginal note, “Re-survey of Hopewell tract for Col. Cox, 81,000."
Resurveyed then for Col. Daniel Cox, his tract or land called Hopewell, beginning at the upper corner of tho same by the river Delaware, at a white oak corner in the low land, and runs thence East South East fourty chain to a markt maple and hickory for a corner, then east three hundred and one chain to a white oak for a corner, then north by west one hundred and. sixty five chain to a white oak corner, then East two hundred and fourty chains to a white oak corner, then again East two hundred and fourty chains to a white oak corner in a line cal1ed the 8cotch line, or a line of partition between East and West Jersey, then along the said line neare South South West four miles and thirty two chains to a white oak corner in the line of Maidenhead Indian purchase, then alonge the said line, south west and south south west to the head of a creek ca1led little Shabbaconck, then south west to creek called Great Shabbakonk, then down by the same fivety six chaine to a tree markt for a corner on the south west side thereof, then south west eighty two chain to a hickory corner to land surveyed to Thomas Hutchinson, then by the same North Wed two hundred eighty five chaines to a hickory corner by the 1and surveyed to Pope and Wetherill, then bounded by the same by a line North East seventy three chains and East by South fourty nine chaine, and South Eleaven chaine and East by South fivety six chaine, and North by East one hundred and three chaines and a halfe, and west sixty four chains, and South West by West one hundred and ninety eight chaine to a hickory corner at the Dellawar aforesaid, and so bounded up by the said river to the first mentioned corner containing one and thirty thousand acres besides allowances for highwayes. Resurveyed by me, Daniel Leeds.
Know ye that the said Indian Sachimachers and owners of the Tract of land hereinafter mentioned for and in consideration of one hundred fathoms of wampum, Tenne stript Dutch Duffolds, Tenne broad steawelwater matchroles sixty matchroles, Thirty Gunns, Twenty Kettles, Twenty shirts, fforty pair of stockings, Eighty Hatchetts, two half Anchors of powder, one hundred knives, one hundred and twenty barres of lead, sixty pounds of shott, one Anchor of Rumme., Two Barrels of Beere, Three pounds of Readlead, Three hundred pipes, Three hundred needles, and Three Anchors of tobacco, by Adlord Bowde now of Burlington, merchant and within ye Province of West Jersey aforesaid at and before the sealing and delivery hereof for and on the behalfe of Daniel Coxe, Esqr. Governor of the said Province to them the said Indian Sachimachers and owners in hand paid whereof and wherewith they doe hereby acknowledge themselves fully contented & satisfied. Have granted bargained and sold, alyened, enfeoffed and confirmed, and by these presents do fully clearly and absolutely grant, bargain and sell, aleyn, enfeoffe and confirm unto the said Adlord Bowde, for and to the only proper Use & behoofe of the said Daniel Coxe and his Heirs & Assigns forever, All that and those tract and tracts of land beginning at a white oak markt on fouer sides being on the South South west side of Shabbicunck Creek by the roadside leading to New York three miles from the Delaware River or three miles from Hugh Stannylands, from thence Running north by the land of Thomas Budd to a white poplar and a Beeche tree upon the head of Shabbicuncke creek on fouer sides and from thence to a small hickory standing by a black oak markt by the line of Thomas Budd aforesaid, from thence to a gumme tree standing by the side of Stony Brook by a lyne tree, from thence along the line of Thomas Budd aforesaid to a line of markt trees running west north west to one white and one black oake marked on fouer sides a little above Menapenasson, and from thence by a direct line west and by north to the mouth of a creek called Laocoton running into Dellaware River about Atecokin’s wigwam, and soe to run down the side of Dellaware river to a line of markt trees lying two miles abon the ffalls mill, and from thence running East to the white oake on the south west side of Shabbacunke Creeke aforesaid. And also all and every the mines minerals woods ffishings hawkings huntings and fowlings. And all & every the Rivers, Rivuletts, Creekes, Isles, Islands, Lakes, Ponds, Marshes, Swamps, Meadows, ffeedings, Pasturings, profitts, commodities & appurtenances whatsoever to the said granted tracts of land or any part thereof belonging or in any way appertaining. And also all the estate, Right, tytle, Interest possession, property, claim and demand whatsoever of them, the said Indian Sachimachers & owners or any of them in Lawe & Equity & either of them of in or into the said granted premises or any parte or parcel thereof, and the reversion & reversions, Remainder and Remainders of the same and every parte thereof. To have & to hold to the said Adlord Bowde his Heirs & Assigns forever.
And the said Indian Sachimachers and owners doe for themselves and every of them & for their and every of their Heires & successors, covenant promise and agree to and with the said Adlord Bowde his heirs & assigns by these presents. That it shall & may be lawful to and for the said Daniel Coxe his heirs and Assignes forever hereafter peaceably & quietly to have hold and enjoy the said granted & bargained tracts of land & every parte & parcel thereof to & for the uses aforesaid without any lawfull lett molestation or disturbance of them the said Indian Sachimachers & owners or any of them or of their Heirs or successors or of from or by any other person or persons whatsoever clayming or which shall or may clayme any estate Right, title, Interest, Inheritance or property of in or out of the said granted & bargained premises or any parte or parcell thereof by from or under them or any of them or by or through their or any or their meanes, assent consent tytle, privity pe[c]urement.
In witness whereof the said Indian Sachimachers and owners have hereunto sett their hands & affixed their seals (according to the English Ano), the Thirtieth day of the month called March the year one thousand six hundred and eighty eight Annoque R. R. Jacobi Sedi Ang & Quarter.
Signed, Sealed & delivered
In ye presence of
Thomas Budd,
Henry Greenland,
Thomas Bowman,
William Biddle Junr,
John Wills, Interpreter.
Hoham,
Teplaopamun,
Meroppe,
Weweenoling,
Lummusecon
Pleeze
Meheekissue
Copenakoniskou
Nehuoing
Neheekan
Shawsuna
We learn from public records that the following tracts of land were taken under the title of the West Jersey Society, Thomas Revell, Agent:
John Lee 250 of the 30,000 acres, February 20, 1693-4
John Smith 500 of Do. June 15, 1696.
Edward Hunt 122 ˝ Do. May 24, 1696.
Edward Hunt 97 ˝ in Maidenhead, within the branches of the Shabbakunk.
Col. Wm Hallet of the 30,000 acres 1000 acres July last 1697.
Joseph Sacket 300 acres Do. Near Samuel Hunts.
R oger Parke 400 acres Do. April 1697 at Wissamenson, north side of Stony Brook.
Anne Parke 100 acres adjoining.
Andrew Smith for his son Thomas Smith 100 acres above Roger Parkes. Apr. 1697
Audrew Smith 200 acres more for his son Thos. Smith Apr. 1697.
John Parke 300 acres near Thos. Twiggse Feb. 27, 1696.
John Rue 200 acres Feb. 17, 1699
Johannes Lawrenson 1050 acres July 12, 1697
Edward Burrowes 200 acres Nov. 7, 1699.
Andrew Smith 200 acres in which Deed the tract is called Hopewell May 20, 1688.
Isaac Herrin,
Nathaniel Moore,
Joseph Stout,
Thomas Winder,
Thomas Houghton,
John Parke,
Tho. Curtis,
John Hixon,
Jno. Parke Junr,
Jno. (I) Hendrickson,
Henry Oxley,
Ralph Hunt,
William Crickfeld,
John Titus,
Rogert Parke, Junr,
Benj. Drake,
Robert Blackwell,
Jonathan Furman,
John Hunt,
John Everitt,
Thomas (T) Evans,
Thomas Smith,
Ephraim Titus,
John (I) Reed,
David Laroe,
Jno. Ffield,
John Fidler,
Bartholom. Anderson,
Thomas Reed,
Jno. Blew,
George Woolsey,
Jonathan Stout,
Joseph Price,
William Cornell,
Richard Smith,
James Melvin,
Joseph Houghton,
Ralph Smith,
Elnathan Baldwin,
Daniel Gano,
Jose. Parke,
Francis Gano,
John Houghton,
John Merrill,
Roger Parke,
Andrew Parke,
Jacob Knowles,
Nehemiah Bonham,
Benj. Merell,
Andrew Mershon.
The records of the Supreme Court, with the several judgments engrossed on parchment rolls, are among the archives of the Supreme Court of New Jersey, and furnish a true history of this formidable trial, which was the great event of that period to the early settlers of' this township, and kept the minds of the people in a state of agitation and distressing embarrassment. But the majority of them remained on the farms which they had originally settled, and in part improved; and some of these lands are today in possession of the lineal descendants.
Copyright © 2007-2009, James Mark Valsame, Raleigh, NC. Reproduction or publication of this material without the expressed permission of the compiler is prohibited.