Notes |
- The first document we located on our Henry Swindler (Swingler) is
dated February 1746. It is the marriage record of Henry Swingler, a
carpenter, and Mary Clayton. Both parties are residents of Freehold,
New Jersey, the county seat of Monmouth County, New Jersey, which is
about seventeen miles from Middletown, New Jersey where the first
Henry Swingler died in July 1724/25.1 On March 16, 1749/50, Henry was
listed as a contributor to the building of Old Tennent Meeting House,2
a church located near Freehold, New Jersey. An example of Henry's
signature is included in the book.3 Sometime after contributing to the
building of Tennent Meeting House and 14 December 1752, Henry and his
family moved to New Brunswick Township, Middlesex County, New Jersey,
where he is listed a being a Freeholder. ie a voter.4 In 1758, Henry
was listed as a contributor to the building of the parsonage for the
Cranbury Church in Cranbury, New Brunswick Township, Middlesex County,
New Jersey.5 In April 1758, Henry was sued in the Court of Common
Pleas, New Brunswick, Middlesex County, by William Harket for 27
pounds and 40 shillings, his co- defendant was Samuel Mount.6 On 14
April 1760, Henry witnessed the will of Simon Horn, in Middlesex
County, New Jersey.7 During the April 1762 term of the Court of Common
Pleas, New Brunswick Township, Middlesex County, New Jersey, Henry
served on the jury, in the case of William Hetfield vs Mordecai
Marsh.8 On 8 October 1765, Henry was sued by Thomas Lawrie for 23
pounds 11 shillings and 9 pence.9 (Note: This is the first time
Henry's last name was found to be spelled Swindler, on all documents
previously cited, his name is spelled Swinler or Swingler.) This
action against Henry was continued in the Court of Common Pleas and
Quarter Sessions, on 20 January 1767.10 The reader may note that there
are no land records mentioned, this is not because we did not search
for land records, rather it is because we could not find any land
records for Henry. References to land records we did find are in the
following documents.
1 April 1761, and recorded on 8 May 1771, a deed between John
Clayton of Freehold, Monmouth County, New Jersey and Joseph Clayton of
New Brunswick, Middlesex County, New Jersey was executed. This deed
transferred two hundred acres, excepting five acres where Henry
Swingler dwelled.11
On 29 June 1790, Charles Barclay and others transferred land to
the Board of Trustees of the first Presbyterian Church in Cranbury,
Middlesex County, New Jersey, and in the description of the land is
the statement, "... beginning at the southeast corner of a tract or
lot of land belonging to Henry Swinler."12
In a deed dated 18 October 1805, the Executors of the estate of
Adam Newell sold some property to John and Jesse Newell, and in the
description of the property it states, "... land adjacent to land of
Henry Swinler."13
Note: At the time the second deed was executed, Henry had been
in Virginia for twenty years. In the case of the last deed, Henry had
been dead for twelve years when it was recorded. There may be an
explanation for this: The deeds may have been copied from original
deeds, and when the original deed was drawn the land in question was
occupied by Henry, without benefit of title to the land.
Sometime prior to 1770, Henry and his family left New Jersey and
became residents of Cameron Parish, Loudon county Virginia. Henry
remained there until he died in October 1792.14 On 11 November 1773,
Henry was sued by William Savage for 44 pounds 8 shillings and 8
pence. Henry failed to come to court and Savage won a judgement
against Henry.15 On 13 November 1773, Henry was issued a summons to
appear in Court in December to answer certain charges brought against
him by Joseph Skelton. The case remained active in the Loudon County,
Virginia Courts until 1791. The suit in question, concerned a debt
Henry allegedly owed to Joseph Skelton. According to Henry, he and his
son, John, had worked out the debt by repairing Joseph Skelton's mill.
Henry produced am itemized account of the hours he and his son had
worked on the mill. Earlier, the case had been before a court in New
Jersey and Henry testified that he was told the matter had been
dropped. The amount Skelton claimed Henry owed him was 5 pounds and
Henry refused to pay him. The whole matter was dropped until after the
Revolution when Joseph Skelton Jr. appeared and demanded Henry pay him
6 pounds 8 shillings in Virginia Currency, plus damages and interest
from 9 November 1762. (The date of a promissory note Henry had given
to Joseph Skelton Sr. in Middlesex County, New Jersey.) The Jury
agreed with Joseph Skelton Jr. and ordered Henry to pay him. Three
years later Henry returned to court and received an injunction in
Chancery that enjoined Joseph Skelton Jr. from proceeding against him
in proceedings at common law. Joseph Skelton Sr. had died prior to the
suit brought against Henry by Joseph Skelton Jr. The final entry on
the matter is dated 17 June 1791, when the injunction was made
perpetual.16 In May 1781, Henry submitted a Public Service Claim to
the State of Virginia for three hundred pounds of beef he had sold to
the government. His claim was approved and he was paid 5 pounds 2
shillings. On 4 October 1793 his estate received 3 pounds 17
shillings, from the United States Collect Commissioners for more beef
he had sold.17 On 8 October 1792, a letter of administration was
granted to Jonathan Swindler to administer the estate of Henry
Swindler deceased.18
1.William Nelson, ed. New Jersey Marriage Records 1665-1800
(Baltimore, Md., 1967), p.365; A. Vandoren Honeyman, ed., Documents
Relating to the Colonial History of the State of New Jersey, First
Series, 32 vols. (Sommerville, N.j..: the Unionist Gazette Association
Printers, 1924) Marriage Records 1665-1800, p. 365. (Unless otherwise
cited, documents relating to the Colonial History of the State of New
Jersey, will be cited as Colonial History. This series and the New
Jersey Archives Series, are available in libraries throughout the
state of New Jersey. The documents referenced in these books are
available in the New Jersey State Library, Trenton NJ) Copies are in
the Possession of the author. (Hereafter, "Author", shall mean that
copies are in the possession of the author).
2.Rev. Frank R. Symmes, compiler, History of Old Tennent Church,
2nd ed. (Cranbury, N.j..: George W. Burroughs, Printer, 1904), pp.
178-181, lists subscribers. Located Monmouth County Historical Society
Library, Freehold, NJ. Author.
3.Ibid, pp. 380-81, Copies of subscribers signatures. Author.
4.Orra Eugene Monnette, First Settlers of Ye Plantations of
Piscataway and Woodbridge Olde New Jersey 1664-1714 part IV, (Los
Angles: Leroy Carman Press, 1932, p.551; New Jersey Historical
Society, 3rd series, vol. I, pp. 103-09. Located in the New Jersey
Room of the Anderson Library, Rutgers University, New Brunswick, New
Jersey. (Hereafter cited as ALRU). Author.
5.Ruth Berg Walsh, Cranbury Past and Present, p. 152. Located at
ALRU. Author.
6.Minutes, Court of Common Pleas, Middlesex County, New Jersey,
July 1755-July 1764, April Term 1758. ( Hereafter cited as MCCPMCNJ)
Located ALRU. Author.
7.A. Van Vandoren Honeyman, ed., Colonial History, 1751-1760,
vol. 3, p.164: also see; Willbook G, p. 218. Located NJSA. Author.
8.MCCPMCNJ, April Term 1762. Located ALRU, No. BL XIV;Ac 2172.
Author.
9.Court of Common Pleas at Perth Amboy, Middlesex County, New
Jersey, 8 October 1765. Located ALRU No. BL IV; Ac 2172. Author.
10.Minutes of Court of Common Pleas and Quarter Sessions,
Middlesex County, New Jersey, Records, October 1764-1771, vol. 15, 20
January 1767. Located ALRU, No. BL XIV; Ac2172. Author.
11.Middlesex County, New Jersey, Deed Book, F-3, pp. 313-314.
Located NJSA, New Jersey Colonial Conveyances, 1664-1794 Microfilm
Reel no. 97. Author.
12.Ancient Deeds, Middlesex County, New Jersey, Book 1. Located:
Map Room, County Building, New Brunswick, New Jersey. Author.
13.East Windsor Township, Middlesex County, New Jersey, Deed Book
6, p. 600. Located Ibid. Author.
14.Cameron Parish, Loudon County, Virginia Tithe and Personal
Property Tax Lists 1770-1792. Located: Tithe Lists, in Archives,
basement, Loudoun County Court House, Leesburg, Virginia; (hereafter
cited as LCCLV); property tax lists are located in the Virginia State
Library, Richmond, Virginia. Author.
15.Loudoun County, Virginia, Court Order Book F. p. 262. Located
LCCLV. Author.
16.Loudoun County, Virginia, Judgements and Petitions, vol. P-Z,
13 November 1773; ibid. December 1773; Loudoun County, Virginia Court
Order Book, vol. F., p. 380; ibid. vol. H, p. 50; ibid. vol. I., p.
347; ibid., vol. N., p. 236. Located LCCLV. Author.
17.Loudoun County, Virginia, Court Book,Public Service Claim, May
1781, p. 15; United States Collect Commissioners, Book III, p. 325.
Located LCCLV. Author.
18.Loudoun County, Virginia Court Order Book O, p. 379; Inventory
of the estate of Henry Swindler, decd. LOCATED Book P, p. 216.
Settlement of the estate of Henry Swindler, Ibid p. 282. Located LCCV.
Author.
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