Everingham Family History Public Record Reprint

Proceeding of the New Jersey
Historical Society, 2nd series Vol. III, 1874
Library of Congress, call #11136237

To set the historical tone of this document, it should be noted: in 1701 there was an ongoing dispute between supporters of Andrew Hamilton and supporters of Jeremiah Basse, each claimed to be the rightful Governor of the province. After New York and New Jersey had been taken by the Dutch, a peace treaty had been signed and the land was given back to the control of England. Since ownership deeds may have been destroyed, or simply given away by England, (or for other reasons) England claimed ownership of a large strip of land including; Middleton, Shrewsbury & much of Monmouth County, New Jersey. If this was the catalyst or taxes, I am not sure, but many were now against Governor Hamilton. Tax riots and land issues were campaign stands of Governor Basse.... who had been replaced by England's King as governor in 1699, which leads us to this incident;

Court session minutes of
Middletown, New Jersey, March 25, 1701

from the Clerk's office at Freehold, NJ

  Session at Middletown March 1701,
being present Colonel Andrew Hamilton, Governor, Lewis Morris, Samuel Leonard of the Governors Council, Jedediah Allen, Samuel Dennis, Justices.

The court being opened one Moses Butterworth who was accused of piracy and had confessed that he did sail with Captain William Kidd in his last voyage when he came from the East Indies and went into Boston with him and was bound to make his appearance at this Court that he might be examined and disposed of according to his Majestys orders.

The said Butterworth was called and made his appearance, and when the Court was examining him one Samuel Willett Innholder said that the Governor and Justices had no authority to hold Court and that he would break it up, and accordingly went down stairs to a company of men then in arms and sent up a drummer one Thomas Johnson into the Court who beat upon his drum, and several of the Company came up with their arms and clubs which together with the drum continually beating made such a noise (notwithstanding often proclamation made to be silent and keep the King's peace) that the Court could not examine the prisoner at the bar, and when there was as the Court judged atwixt thirty and forty men come up into the court, some with their arms and some with clubs, two persons viz Benjamin Borden and Richard Borden attempted to rescue the prisoner at the bar, and did take hold on him by the arms and about the middle and forced him from the bar, the Constable and the under-Sheriff by the command of the Court apprehended the said Bordens, upon which several of the persons in the court assaulted the constable and undersheriff (the drum still beating and the people thronging up stairs with their arms) and rescued the two Bordens, upon which the Justices and Kings Attorney-General of the Province then present (after commanding the Kings peace to be kept and no heed being given thereunto) drew their swords and endeavoured to retake the prisoner and apprehend some of the persons concerned in the rescue but was resisted and assaulted themselves and the examination of the prisoner torn in parts.

And in the scuffle both Richard Borden and Benjamin Borden were wounded, but the endeavours of the court were not effectual in retaking the prisoner for he was rescued and carried off and made his escape.

And the people viz Safety Grover, Richard Borden, Benjamin Borden, Obadiah Holmes, Obndiah Bowne, Nicholas Stevens, George Cook, Benjamin Cook, Richard Osborne, Samuel Willett, Garret Wall, James Bollen, Samuel Foreman, William Hunter, Jonathan Stout, James Stout, William Hendricks, John Bray, William Smith, Gershom Mott, Abner Hough, George Allen, John Cox, John Vaughn, Elisha Lawrence, Zebulon Clayton, James Grover junior, Richard Davis,
Jeremiah Everingham, Joseph Ashton with others to the number of about one hundred persons did traitoriously seize the Governor and the Justices, the Kings Attorney-General and Secretary and the Clerk of the Court, and the UnderSheriff and kept them under guard close prisoners from Tuesday the twenty-fifth of March till the Saturday following being the twenty-ninth of the same month and then released them-

         Gavin Drummond, clerk.

Why is this document so extremely important to the Everingham family?... Jeremiah Everingham would most likely not have been named if he was not an adult involved in this incident. This means that this Jeremiah had to have been born in the mid to later 1600's and probably before 1680. (since this incident took place in 1701) This means that he is the oldest generation of known Everinghams documented in the American colonies.

Document refrence found and submitted to the
Everingham family web site, From the research
of Tom Phillips, May, 2009
Historical research & document Transcribed
by Kevin Everingham 5-22-2009

(c)2009 Everingham Family History Archives