See THE SPARKS QUARTERLY p. 354 where he is referred to as JosiahHamilton of New Castle, Delaware.
**********
See THE SPARKS QUARTERLY for December 2000, Whole No. 192, pp. 5443-5461:
(Because of the length of this article, it will be necessary to continuethe balance under the notes for Josine Boyer, spouse of William Sample.)
A MYSTERY SOLVED!
WHERE DID WILLIAM SAMPLE SPARKS GET HIS MIDDLE NAME?
FROM HIS MATERNAL GRANDFATHER, WILLIAM SAMPLE (DIED 1682)
By Russell E. Bidlack
We begin this article with grateful acknowledgement to Joyce Bastasch, along-time member of our
Association, who lives in Palos Verdes Estates, California. It was Mrs.Bastasch who discovered and called this writer's attention to informationcontained in the published court records of early New Castle County,Delaware, thus enabling us to solve a mystery that has long mystifieddescendants of William Sample Sparks (ca.1700-ca.1765), son of William,Jr. and Margaret Sparks. An article about William Sample Sparks waspublished in the QUARTERLY of December 1989, Whole No. 148, to whichfurther details regarding his life were added in the QUARTERLY of June1997, Whole No. 178, as part of an article devoted' to his daughter,Rachel (Sparks) Bicknell. The mystery has pertained to the source of themiddle name of William Sample Sparks. The record noted by Mrs. Bastaschis the will of William Sample father of Margaret Sample, the future wifeof William Sparks, Jr. Dated December 11, 1682, William Sample's will wasprobated three weeks later, on January 1, 1683. (The old Julian Calendarwas then in use, so these dates are slightly different under ourGregorian Calendar used since 1752.) The full text of the will of WilliamSample will appear later in this article.
Typical of the time, the name "Sample" was spelled in a variety of waysamong the court records of early New Castle County. When Williaim Samplemade his will, for example, he signed his name "Will: Sempell." When hehad been granted a tract of land (600 acres) in the colony of Delaware onApril 19, 1681, his name was recorded as "William Semple." In a taxrecord dated June 12, 1684, for this same 600 acres, his widow's name wasgiven as "Widdow Sample." Although William Sample Sparks seems to havesigned his name by mark, others spelled his middle name as Sample.Except in quotations, we will use that spelling here.
Because of the mystery pertaining to the origin of the name Sample, wehave noted our inability to account for it in a number of articles thathave appeared in the QUARTERLY. Our earliest mention of William SampleSparks was in the issue for June 1961, Whole No. 34 (p.557). There wenoted that the signatures (by mark) of William Sample Sparks and RachelSparks had appeared on the inventory taken in 1749 of the estate ofJoseph Sparks who had died that year in Frederick County, Maryland.Joseph Sparks was an uncle of William Sample Sparks. (Maryland law thenrequired that two relatives, as well as the estate's two major creditors,sign the inventory of the possessions of a deceased person as part of theprobate process.) There were other references to William Sample Sparksin later issues of the QUARTERLY, often including the question of why thename Sample had been chosen for him.
It was not until the issue of the QUARTERLY of December 1989, Whole No.148, that we presented a detailed record of the life of William SampleSparks. There we noted that he had used his middle name only when hemight otherwise have been confused with a cousin or nephew also namedWilliam Sparks. We even speculated that he might have chosen "Sample,"himself, to use as a middle name merely to prevent this confusion, ratherthan having been christened "William Sample Sparks." this remains apossibility, but whether chosen by his parents at the time of his birthin or about 1700, or whether it was added by himself at a later time, wecan be sure it had come from the name of his maternal grandfather,William Sample. While this grandfather had died some two decades priorto the birth of his namesake, William Sample Sparks's mother, Margaret(Sample) Sparks, dooubtlesstold him of her father who had died while shewas still a little girl.
Based on a predominance of evidence gathered over many years, we statedin the 1989 article, as we had done in earlier references, that WillamSample Sparks was a son of William Sparks, Jr. William Sparks, Jr. wasthe eldest son of the immigrant, William Sparks, who died in Queen AnnesCouny, Maryland, in 1709. (See the articles in the QUARTERLY of March1971, Whole No. 73, and December 1992, Whole No. 160, for information onWilliam Sparks' [died 1709] and his family.) We also noted in the 1989article that William Spatks, Jr. had been married twice, his first wife,Margaret, mother of William Sample Sparks, having died prior to 1730.
Until Mrs. Bastasch's discovery, we believed that the maiden name ofMargaret had been Hamilton based on a New Castle County, Delaware,document of March 31, 1696, that had been copied incorrectly. Thiserroneously copied record appears in New Castle County, Delaware, LandRecords, 1673 -1710, compiled by Carol Bryant, pp.76-77. It can easily beunderstood how this error had been made from the 200-year-old handwrittencopy of the original by a Court clerk. Furthermore, women then rarelyowned land, so in copying this document, Ms. Bryant had doubtless justassumed that the land in question had pertained to a man.
A photocopy of this 1696 deed, recorded in New Castle County deed bookB1, pp. 101-02, has been obtained from the Hall of Records in Dover,Delaware. In this there is the identification of "William Sparks of theprovince of Maryland and Margaret his wife, the daughter of JosineHamilton, later of New Castle, Delaware ..." In this first recording ofthe name "Josine" in the 1696, it could easily be interpreted as"Josiah," but when her name was repeated later in the deed, the spellingis clearly "Josine." We now know that, following the death of WilliamSample in 1682, his wife, Josine, had been married to a man namedHamilton. Margaret, wife of William Sparks, Jr., was, as this 1696 deedindicates, a daughter of Josine Hamilton, but Josine had been JosineSample when Margaret had been born in the 1670s.
A transcription of this entire 1696 deed follows, with a minimum ofpunctuation added for clarity:
Know all men that John Bisk of the Town of New Castle, Taylour, andWilliam Sparks of the province
of Maryland and Margaret his wife, the daughter of Josinh [?]Hamilton late of New Castle deceased,
for a valuable Consideration to whom in hand paid by Benjamin Sweetof the Town of New Castle
aforesaid the recept whereof they do hereby Acknowledge Havegiven, granted, Enfeofed and by
these presents Confirmed unto the said Benj. Sweet a certain Lott ofground in the Town of New
Castle containing in bredth thirty foot and in lenth from sewer tostreet bounded to the Eastward by
Front Street, to the Westward by Land Street, to the Northward bythe land of the said John Bisk and
to the southward by a house and gound lately belonging to the saidJosine Hamilton, deceased,
which said lott was confirmed by patent from Francis Lovelace, Esqr.Governour under his Royall
highness James Duke of York the Eighth of Aprile 1672 unto IsaacTine with other lotts thereto
adjoyning To Have and to hold the sd lott of ground and premisseswith fencings and Improvements
to the sd Benj. Sweet and his heirs and behoef of him, his heirs andassigns forever under the Yearly
rent according to the Lord of the Soyle. And the said John Bisk,William Spark and Margaret his wife
the premesses & every part thereof to the said Benj.Sweet and hisheirs against them and their
heirs and all other persons whatsoever shall and will warrant andforever defend by these presents
(Transcription of deed, continued.)
In witness whereof
they have hereunto sett their hands and sealls this 31st of March1696
Sealled and delivered in
the presence of
Lendorr 0sterhaven John Bisk
Jacob Allrichs Eliz: Bisk
Henry Wright William Sparks
Sarah Bisk
Acknowledged in Open Court held at New Castlethe 16th
of June 1696 as wittness my hand and seal of the court
Based on the published copy of this deed, as noted earlier, this writerstated, erroneously, in his 1989 article, as in earlier references in theQUARTERLY, that Margaret, wife of William Sparks, Jr., had been adaughter of "Josiah Hamilton." We know now that Josiah Hamilton did noteven exist. The photocopy of the officially recorded copy of the deed inquestion clearly reveals that it was Margaret's mother who was describedas "late of New Castle deceased." Although when Margaret's mother,Josine, died, she was married to a man named Hamilton, her earlierhusband had been William Sample (or "Semple"), as proven by his willdated December 11, 1682. This will was recorded "vetbatim" in the recordsof the Court of New Castle meeting January 1, 1683, at Which session "Thelaest [i.e. last] will and Testament of William Sempill, Late of NewCastle, deceased" was produced (i.e., probated) by two of the witnesses,John Biske and Jonas Arskin. The text of this will follows:
The Last Will and Testament of William Sample
In the Name of God amen this 11th day of december in the yeare of orLord God 1682. I: William
Sempill, Inhabitant of New Castle upon delaware River being Sick andweake in Boddy but of
perfect mind and memory thankes be Given unto God, Therefore callingunto mind the mortality of
my Boddy and knowing that itt is appointed for all men once to dye,Doe make and ordayne this my
Laest will and Testament in manner and forme following That is tosay first and Principally I: give my
Soule into the Hands of God who Gave itt to mee and for my boddy I:commend itt to the Earth, to
bee burried in decent Christian manner, noteing butt att theGennerll: Resurection I: shall Receave
the same againe by the mighty power of God, And as touching Suchworldly goods as itt hath bin
pleased God to bless me in this Lyfe tyme wth I: Give devysebequeath and dispose the Same in
manner & forme following Vizt: First I: give, devyse and bequeathunto my dearly beloved wyfe
Josyn Sempill and my Little daughter Margaret wth: Rest of mywifes Children all my p'sonall
Estate as goods and Chattles & moveables to be Equally divyded anddistributed to my wife and
daughter Margret and the rest of my wyves Children to use, occupyand dlspose of as Shee my said
wyfe Shall See necessary and conveniety for the use of my sd: wyfeand daughter Margaret and my
wyves Children, only Excepted
I: doe devyse and bequeath & Give unto my Little daughter Margaretall my Estate in Christina
Creeke or upon a brainch of the said Creeke boath Reall & personallmovements and imovables,
goods and Chattles wth: all the increase to the Soale and properuse and behoffe of she my said
daughter Margartet itt being my will that first of all my wyfe JosynSempill puts on and upon the
Plantation in Christina or brainch of the sd Creeke for the use ofmy daughter Margaret Soe manny
Cowes, Sowes and other Chattell and What Els I: am allreaddyobliged to put upon the aforsd
Plantation all being for the Soale and proper use and behoofe of mydaughter Margret, until Shee
Marryeth or Comes of age, the Increase to be att the disposal of mywyfe Soe Long as she remains
a widdow provyded She my wyfe Keepes the old Stoke good, and in thenext place, if itt please God
to call mee out of this world I: doe ordaine Constitute and appointmy beloved friends Mr. James
Walliam & Samuel Land of the Towne of New Castle, to bee executors:of what what worldly Estate I
shall Leave behind mee, and to use the best of their Indeavors forthe bennefitt of my wyfe, my
daughter Margret and my wyves Children, with all that my wyfe JosyneSempill pay all Just debts due
from me, to others, and that sheereceive all debts due from othersto mee, and I: doe hereby utterly
disallow Revoake & Annull all and Every other former Testaments,wills, Legacies, bequeaths.
Executors: By me in any wise before this type named, willed, orbequeathed, Ratifying and
Confirming this and none other to bee my Laest [last] will &Testament whereof I haue hereunto Sett
my hand & Seale the day & yeare above written--
[signed] Will: Sempell (LS)
Signed Sealed published
pronounced. declared by
the sd: William Sempill
as his Laest will & Testament
In the Presence of us --
J. D haes [Johannes DeHaes]
Jan Bisek [John Bisk]
In this will, a symbol from Old English and Old Norse, the Runiccharacter called the "thorn," was used for the letters th, as in the,this, etc. The symbol resembles the letter y, and many editorssubstitute a y for the thorn, thus spelling the word "the" as "ye" or"that" as "yt " implying that "the" had been pronounced "ye" or "that" as"yet;." Since the thorn was not a y, this writer prefers to substitutethe letters "th" to retain the pronunciation that the original writer hadintended.
From the will of William Sample, it is apparent that his wife Josine, hadbeen married previously, and that she had had children by that earlierhusband. Unfortunately, however, William Sample did not mention thesurname of Josine's children by her earlier marriage. We will return tothis question later in this article.
From the wording of his will, its seems apparent that William Sampleintended that his two friends, James Walliam and Samuel Land, serve asexecutors of his estate, although he qualilied their appointment with thewords "use the best of Indeavors for the bennefitt of my wyfe, mydaughter Margret and my wyves Children... The Court record indicatesthat when this will was presented to the Court for probate, WilliamSample's widow, Josine, made the claim that her husband had intended thatshe administer his estate, and that James Walliam and Samuel Land should"bee understood only as overseers & assistants to the widdow [herself] inthe performand of her husbands will." Josine must have been a strong andbold woman for her day, for the justices accepted her argument.
Before returning to a discussion if the provisions that William Samplemade in his will, it may be appropriate to review the dating system thenin use in England and her colonies. As noted, it was on January 1, 1683,that William Sample's will was presented for probate in the New Castlecourt. The meeting dates for this session of the court were recordedhowever, as follows: "Att a Court Held in the towne of New Castle...thefirst and 2d dayes of the Elleventh month called January annoq.Dom.1682/3." It was under the old Julian Calendar, which remained inuse in England and her colonies untill 1752 that January was counted asthe eleventh month of the year and February as the twelfth. The new yearbegan on March 25th, in keeping with vernal equinox, but all of March wascounted as the first month of the year.
Dating back to the time of Julius Caesar, the Julian calendar had beenadopted in the Christian world during the Nicene Council in A.D. 325.While based on the solar year and divided into 365 days, plus an extraday every fourth year, the Julian calendar was found to exceed the solaryear by eleven minutes, amounting to a full day every 131 days. This wascorrected in 1582 with the adoption of the Gregorian calendar, which weuse today, by having no leap year in centenial years not divisable by400, and to correct the cumulative error that had grown over thecenturies, ten days were dropped and January was designated as the firstmonth of the year. Because it was Pope Gregory XIII who ordered that thenew calendar be adopted, it was named for him. For this reason, theGregorian calendar was ridiculed by Protestant nations, includingEngland, calling it a "Catholic Calendar". With Henry VIII having brokenwith Rome, England insisted on continuing to count the passing of timewith the old Julian Calendar longer than did the rest of Europe.Particularly in the world of trade and travel, the two calendars causedgrowing confusion. In the American colonies, the custom grew to use"double dates" during January and February and the most of March. Thus,the New Castle Court session beginning on January 1, 1682 under theJulian Calendar was written "1: January: 1682/3" Under the GregorianCalendar this was New
Year's day, 1683. The English parliament finally adopted the GregorianCalendar in 1752, by which time it was necessary to drop eleven days, andthroughout England and the colonies in 1752, September 2 was followed bySeptember 14.
Early Historical Events in the Colony ofDelaware
Another historical matter needing discussion in order to understand thedifficulty in tracing the forebears of William Sample Sparks is thecomplicaterd evolution of the the colony of Delaware. First it isimportant to note that New Castle County, Delaware, the place ofresidence of William Sample when he died in December 1682, very nearlyadjoins Queen Annes County, Maryland, the home of William Sparks, Jr. Itis not surprising that William Sparks, Jr. became aquainted with MargaretSample, for, though living in different colonies, they grew up but a fewmiles apart. They were probably married in Delaware in or about 1695.
Delaware did not come under English rule until 1664, the same year thatEngland took possession of
Amsterdam in New York. Although its shore on the Delaware River had beenvisited in 1609 by Henry Hudson, a British sea captain in the service ofthe Dutch West India Company, it had been Sweden, not Holland, thatsucceeded in establishing a settlement at what is now Wilmington in 1638.
In 1651, the Dutch established a colony and built a fort at what is nowNew Castle, and in 1655 New Sweden capitulated to the Dutch.The Swedishcolonists on the Delaware remained, however, coming under Dutch rule.Then in 1664 when a war between England and Holland spread to the NewWorld New Amsterdamand other Dutch possessions in America were taken byan English expedition under James, Duke of York. The Swedish and Dutchsettlers on the Delaware River were permitted by the English to remain ontheir land byswearing allegiance to the King of England, and in 1673 theDuke of York's Bookof Laws introduced them to the English legal system.In the 1696 deed quoted earlier, the reference to "the Lord of the Soyle"meant the King of England. It is only after English rule do localrecords exist for what became the colony of Delaware.
In 1682, King Charles II extended the proprietary rule of William Penn toinclude, beyond the colony of
Pennsylvania, the land on the Delaware River that eventually would becomethe colony of Delaware. Initially, however it became known as the "LowerCounties" of Pennsylvania. These three "Lower Counties" were called NewCastle, St. Johns, and Sussex, although St. Johns was changed to KentCounty in 1682. In 1703, these three counties were granted their ownassembly, which was an important step toward their becoming the separatecolony of Delaware.
William Sample, Immigrant to Maryland
Although our earliest reference to William Sample in New Castle County,Delaware, found thus far is dated October 22, 1677, we believe that ifthere existed Dutch and Swedish court or land records prior to Englishrule, we would probably find his name there. We are certain, however,that he was neither a native of Holland nor Sweden, but that he had comefrom England. We further believe that he was the same William Sample whoarrived in Maryland in February 1653/4, i.e., it was 1653 under the oldJulian calendar but 1654 under the Gregorian Calendar.
At the Maryland Hall of Records there is a very early handwritten volumeof land records called "Liber A. B. & H." An expert in locating andinterpreting Maryland records, Dr. Carson Gibb, who has done researchfor us over a number of years, has provided us with photocopies of anumber of pages in this volume pertaining to William Sample.
As explained in The EarlySettlers of Maryland by Gust Skordas (Baltimore:Genealogical Publishing Company, 1968, p. ix), this "Liber A.B.& H" is atranscription completed in 1717 from much earlier records, most of whichare no longer extant. Included in this 1717 transcription is what wasonce called "Liber H (1650-55)," which no longer exists.
To interpret the earliest record pertaining to William Sample in "LiberA.B.& H." one must note that, to attract settlers to Maryland, LordBaltimore, the proprietor of the Colony, offered free land to any man orwoman who came to his colony at his/her own expense. The number of acresprovided had been reduced from 100 to 50 per immigrant by 1653 whenWilliam Sample came. Ship passage from England to Maryland cost about 20pounds at that time, a sum that few individuals desiring to emigrate toMaryland could pay. Many such men and women therefore, came as indenturedservants, agreeing to work for the person paying their passage forvarying numbers of years for their passage. The person paying for thepassage would receive his servant's "right" to the 50 acres.
The immigrant who "transported himself," i.e., paid his own way, or theperson who "transported" someone, would, soon after arrival in Maryland"demand" a "right" to the promised 50 acres. Upon receiving the written"right", he/she could then transfer (sell) it to another person. (For amore detailed account of this form of acquiring land in Maryland, see theQUARTERLY of December 1992, Whole No. 160, pp.4025-26.)
On page [folio] 382 of "Liber A.B.& H" appears the following entry dated26th January 1653: "William Sample" Demandeth Fifty acres of land fortransporting himself into this province about February last." (This wouldhave been February 1653 under the Julian Calendar, but it would beFebruary 1654 under the Gregorian Calendar.)
The name "Sample" was by no means a common surname in the 1600s nor isit even today. No one else named Sample appears in the Skordas volumecited earlier or in Carson Gibb's A Supplement to The Early Settlers ofMaryland.
The exact same entry that appears for William Sample on page 382 of"Liber A.B. & H". was made also, on the same page, for each of two othermen who had transported themselves, i.e., paid their own way, fromEngland to Maryland. They were Samuel Graves and Richard Harris.Whether Graves and Harris might have come to Maryland with William Sampleis not known.
Sometime prior to July 3, 1654, William Sample had transferred his"right" to fifty acres to a man named
George Bushy (also spelled Bussy). George Bushy had also arrived inMaryland about the same time as had William Sample, Samuel Graves andRichard Harris as revealed in an entry on page 380 of "Liber A.B. & H."Just above the George Bushy entry is that of Henry Keyne who figureslater with William Sample, Samuel Graves and Richard Harris in the saleof their "rights".
"Liber A.B.& H." Folio 381.
26th June [1654] Henry Keyne Demandeth one Hundred and fifty
Acres for Transporting himself and Richard and Edward Kene, his
two Brothers into this province about February last.
[Same Liber, same folio, & same date.]
George Bushy Demandeth two hundred and Fifty acres of land for
Transporting himself, his Wife and George and Henry Bussy [sic]
their Sons into this province about February last with John Jenkins
his Servant.
No written record has been found by which Henry Keyne, William Sample,Samuel Graves, and Richard Harris transferring their "rights" to GeorgeBushy (oe Bussy) has been found, but that they had done so is indicatedby the following entries on folio 384 of "Liber A.B.& H."
3d July [1654] George Bussy [sic] Demandeth as pr Titles two
Hundred and Fifty Acres in his own Right and one hundred and
Fifty in the right of Henry Keene and his Brothers and fifty acres
a piece in Rights of Samuel Graves, William Sample and Richard
Harris, in all Five hundred and fifty acres.
Immediately following this entry, at the top of folio 385 appears thefollowing:
3d July [1654] Warrt [i.e., Warrant] to lay out for George Bussy [sic]two Hundred and Fifty acres and for Henry Keene and his Brothers Onehundred and Fifty acres and for Samuel Graves Fifty acres, for WilliamSample Fifty acres and for Richard Harris fifty acres being in all Fivehundred and Fifty acres of land in any part of the province not formerlytaken up. retd 1st January.
One other Maryland record has been found pertaining to William Sample.On April 1, 1660, he and one Francis Carpenter witnessed the will ofRichard Hix in Calvert County. Hix was identified in the will as livingon "Patuxent River". Here William Sample signed his name as "Wm.Sampell." Perhaps it was from Calvert County Maryland that he went toDelaware while it was still under Dutch rule.
Because he had had the resources to transport himself to America, WilliamSample must have been a young man of some means. By the time he appearsin the English Delaware records, he seems to have been a man of bothFinancial resources and status in his community, as will be seen below.
Records Pertaining to William Sample inDelaware
We have had no access to any records that may have been kept during theDutch rule of Delaware, but English Court records survive and those from1676 to 1699 were published by the Colonial Society of Pennsylvania intwo volumes, 1676-1681 in 1904 and 1681-1699 in 1934. Both volumes havebeen reprinted by the Clearfield Company of Baltimore, Maryland, in 2000.
It was on April 4, 1677, that William Sample first appeared in theEnglish Court records of New Castle. This was a case in which he andWilliam Hamilton were plaintiffs against James Besevick, claiming thatBesevick owed them "by his bill bearing date 8th of Novembr Last [1676]the sume of seven hundred fourthy and seven gilders & three styvers."The Court, comprised of three justices of the peace who served asmagistrates, ruled in favor of Sample and Hamilton. There were subsequentcases in which William Sample and William Hamilton were co-plaintiffsregarding money due them, suggesting that they may have been partners insome manner. For example, at a session of the Court on February 18,167718, William Sample and William Hamilton were plaintiffs against theestate of John Askin, deceased, "for the sume of three hundred and sixgilders and seven styvers."
In a Court record dated July 24, 1677, a jury was empaneled to consider acase involving a stolen coat; William Sample was one of the jurors, aduty that he would perform thereafter on several occasions.
In the autumn of 1677, a census was taken of the "Tydable [tithable]prsons living in the [New Castle] Court's Jurisdiction." A total of 307male heads of households were listed in such a way to suggest that theirarrangement was geographical. That in which William Sample's nameappeared was headed "from the next side" and comprised 42 names. WilliamHamilton's name followed that of William Sample in the list, suggestingthat their houses were probably side-by-side. Close neighbors includedMath: d' Ring, John Bisk, Jan Boyer, John d' haes, and James Walliam, allbeing persons mentioned as Sample's associates in later records.
That William Sample was a prominent citizen of New Castle County isproven in the Court's minutes of July 17, 1678. A petition was then drawnup addressed to the Governor, Sir Edmund Andross, requesting that threeadditional justices of the peace be appointed to serve as magistrates onthe Court. Included in the petition were the names of four citizenspresented "as the fittest prsons" from whom the Governor might choosethree: "Mr Johannes Dehaes, Mr William Semple, Mr Abram Man, and MrHendrick Williams." William Sample was one of the three who wereappointed by the Governor, and as one of the now seven magistrates, heattended his first Court session on November 5, 1678."
(JS Note: This article continues on SQ p. 5450 under the notes forWilliam's spouse, Josine Boyer.)