Samuel Forman. Takes Governor & Other Officials Prisoner

Samuel Forman is my 8th great-grandfather. He arrested the Governor, Secretary and Attorney General of East Jersey for essentially holding court while Scottish.

James Brintzinghoffer ← Theodore C. Brintzinghoffer ← Catherine Forman ← William Spencer Forman ← Robert Forman ← William Forman ← Lewis Forman ← Aaron Forman ← Samuel Forman

Samuel Forman is my 8th great-grandfather. He was born in Hempstead, Long Island in 1662 and moved with his brothers, Thomas and Alexander, to Freehold, Monmouth County, Province of East Jersey.  He was a prominent settler and left a long trail of records before he died on 13 OCT 1740.

This is testimony on the Proceedings of Court of Sessions of Monmouth County at Middletown relative to the putting Sundry Officials under guard. The settlers in East Jersey were unhappy with the Proprietors of their government and wrote to the King multiple times to to this effect. This action is probably related to the 1700 Remonstrance Letter decrying the fact that the Governor, Secretary and Attorney General were all disqualified from holding office under the King’s law by virtue of being Scottish. This was one of several complaints against the Proprietors, and likely the pretext for the mob taking them prisoner.

Opening Address

At a Court of Sessions held for ye County of Monmouth at Middletowne in ye County aforesd & province of East New Jersey March 25 1701.

Being present: Coll Andrew Hamilton, Governour; Lewis Morris, Samuell Leonard, Esquires of ye Goveror’s Council; Jedidiah Allen, Sam Dennes, Justices

Moses Butterworth, a confessed pirate, was to be question in court and Sam Willet said the Governor and Justices had no authority to hold court.

The Court being opened one Moses Butterworth who was accused of piracy (& had confessed yet he did sail with Cap William Kid in his last voyage when he came from ye East Indies & went into Boston with him) & was bound to make his appearance at this Court yet he might be Examined & disposed of according to his Majesty’s orders the said Butterworth was Called & made his appearance & when ye Court was Examining him one Sam Willet In holder said yet ye Governor & Justices had no authority to Hold Court

To stop the proceedings, Willet called several armed men and a drummer into court and the drummer beat the drum so loudly the prisoner could not be examined. The Justices shouted for quiet and were ignored.

& yet he would break it up & accordingly went down staires to a Company of men then in arms & sent up a Drummer one Thomas Johnson into ye Court who beat upon his drum & severall of ye Company came up with their arms & Clubs with together with ye Drum beating Continually made such a noise notwithstanding open proclamations made to be silent & keep ye Kings peace y ye Court Could not Examine ye prisoner at the Barr

About 30-40 men were in court and 2 tried to rescue the prisoner. The Constable and Under-sheriff tried to prevent it and were assaulted by several of the men.

& when there was as ye Court Judged betwixt 30 & 40 men Come up into y Court some with their armes & some with Clubs two persons viz Benjamin Borden & Richard Borden attempted to Rescue ye prisoner at ye Barr & did take hold on him by ye armes & about ye midle & forct him from ye Barr ye Constable & under sheriff by ye Command of ye Court apprehended ye sd Borden upon which severall of ye persons in ye Court assaulted ye Constable & undersheriff

The drum kept beating and more armed people came up the stairs. Justices and King’s Attorney general called for peace but were ignored and finally drew their swords and tried to retake the prisoner, but failed and were assaulted themselves.

the Drum still beating & ye people thronging up Stairs with their armes & Rescued ye two Bordens upon which ye Justices & Kings Attorney Generall of the province after Commanding ye Kings peace to be keept & no heed being given thereto drew their swords & Endeavoured to Retake ye prisoner & apprehend some of ye persons Conserned in ye Rescons but was Resisted & assaulted themselves

The transcript was torn up. Two men were injured but the prisoner was rescued and carried off by:

& ye Examination of ye prisoner torn in peices & in ye scufle both Richard Borden & Benj Borden were wounded but ye Endeavours of ye Court were not Effectuall in retaking ye prisoner for he was Rescued & Carried off & made his Escape and the people viz:

Names of the perpetrators

Cap Safetie Grover
Richard Borden
Benj Borden
Obadiah Holmes
Obadiah Browne
Nicholas Stephens
George Cooke
Benj Cooke
Richard Osborne
Sam Willett
Joseph West
Garret Bowler
Garret Wall
James Bollen
Sam foreman
Willi Winter

Jonathan Stout
James Stout
John Bray
Wille Smith
Gersom Mott
Abner Hewght
George Allen
John Cox
John Vaughan
Elisha Lawrance
Zebulon Clayton
James Grover Jr.
Richard Davis
Jeremiah Evrington
Joseph Ashton

About 100 men all, took the Governor, The Attorney General, The Undersheriff and the Clerk and held them prisoner for 5 days and then released them.

with others to ye number of about one hundred persons did traytorously seize ye Governour & ye Justices the Kings Attorney Generall & ye under sheriff & ye Clerke of ye Court & keept them close prisoners under a guard from twesday ye 25 March till yu Saturday following being ye 29th of year same same month & then Releast them.