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 tocontinue the balance under the notes for Josine Boyer, spouse ofWilliam 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,a long-time member of our
Association, who lives in Palos Verdes Estates, California. It wasMrs. Bastasch who discovered and called this writer's attention toinformation contained in the published court records of early NewCastle County, Delaware, thus enabling us to solve a mystery that haslong mystified descendants of William Sample Sparks (ca.1700-ca.1765),son of William, Jr. and Margaret Sparks. An article about WilliamSample Sparks was published in the QUARTERLY of December 1989, WholeNo. 148, to which further details regarding his life were added in theQUARTERLY of June 1997, Whole No. 178, as part of an article devoted'to his daughter, Rachel (Sparks) Bicknell. The mystery has pertainedto the source of the middle name of William Sample Sparks. The recordnoted by Mrs. Bastasch is the will of William Sample father ofMargaret Sample, the future wife of William Sparks, Jr. Dated December11, 1682, William Sample's will was probated three weeks later, onJanuary 1, 1683. (The old Julian Calendar was then in use, so thesedates are slightly different under our Gregorian Calendar used since1752.) The full text of the will of William Sample will appear laterin this article.
Typical of the time, the name "Sample" was spelled in a variety ofways among the court records of early New Castle County. When WilliaimSample made his will, for example, he signed his name "Will: Sempell."When he had been granted a tract of land (600 acres) in the colony ofDelaware on April 19, 1681, his name was recorded as "WilliamSemple." In a tax record dated June 12, 1684, for this same 600acres, his widow's name was given as "Widdow Sample." Although WilliamSample Sparks seems to have signed his name by mark, others spelledhis middle name as Sample. Except in quotations, we will use thatspelling 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 articlesthat have appeared in the QUARTERLY. Our earliest mention of WilliamSample Sparks was in the issue for June 1961, Whole No. 34 (p.557).There we noted that the signatures (by mark) of William Sample Sparksand Rachel Sparks had appeared on the inventory taken in 1749 of theestate of Joseph Sparks who had died that year in Frederick County,Maryland. Joseph Sparks was an uncle of William Sample Sparks.(Maryland law then required that two relatives, as well as theestate's two major creditors, sign the inventory of the possessions ofa deceased person as part of the probate process.) There were otherreferences to William Sample Sparks in later issues of the QUARTERLY,often including the question of why the name Sample had been chosenfor him.
It was not until the issue of the QUARTERLY of December 1989, WholeNo. 148, that we presented a detailed record of the life of WilliamSample Sparks. There we noted that he had used his middle name onlywhen he might otherwise have been confused with a cousin or nephewalso named William Sparks. We even speculated that he might havechosen "Sample," himself, to use as a middle name merely to preventthis confusion, rather than having been christened "William SampleSparks." this remains a possibility, but whether chosen by hisparents at the time of his birth in or about 1700, or whether it wasadded by himself at a later time, we can be sure it had come from thename of his maternal grandfather, William Sample. While thisgrandfather had died some two decades prior to the birth of hisnamesake, William Sample Sparks's mother, Margaret (Sample) Sparks,dooubtlesstold him of her father who had died while she was still alittle girl.
Based on a predominance of evidence gathered over many years, westated in the 1989 article, as we had done in earlier references, thatWillam Sample Sparks was a son of William Sparks, Jr. William Sparks,Jr. was the eldest son of the immigrant, William Sparks, who died inQueen Annes Couny, Maryland, in 1709. (See the articles in theQUARTERLY of March 1971, Whole No. 73, and December 1992, Whole No.160, for information on William Sparks' [died 1709] and his family.)We also noted in the 1989 article that William Spatks, Jr. had beenmarried twice, his first wife, Margaret, mother of William SampleSparks, 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 easilybe understood how this error had been made from the 200-year-oldhandwritten copy of the original by a Court clerk. Furthermore, womenthen rarely owned land, so in copying this document, Ms. Bryant haddoubtless just assumed that the land in question had pertained to aman.
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 ofthe province of Maryland and Margaret his wife, the daughter of JosineHamilton, later of New Castle, Delaware ..." In this first recordingof the name "Josine" in the 1696, it could easily be interpreted as"Josiah," but when her name was repeated later in the deed, thespelling is clearly "Josine." We now know that, following the death ofWilliam Sample in 1682, his wife, Josine, had been married to a mannamed Hamilton. Margaret, wife of William Sparks, Jr., was, as this1696 deed indicates, a daughter of Josine Hamilton, but Josine hadbeen Josine Sample 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 [?] Hamiltonlate 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 Have given,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 by theland 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 Isaac Tinewith other lotts thereto
adjoyning To Have and to hold the sd lott of ground and premisses withfencings 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 March 1696
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, thiswriter stated, erroneously, in his 1989 article, as in earlierreferences in the QUARTERLY, that Margaret, wife of William Sparks,Jr., had been a daughter of "Josiah Hamilton." We know now that JosiahHamilton did not even exist. The photocopy of the officially recordedcopy of the deed in question clearly reveals that it was Margaret'smother who was described as "late of New Castle deceased." Althoughwhen Margaret's mother, Josine, died, she was married to a man namedHamilton, her earlier husband had been William Sample (or "Semple"),as proven by his will dated December 11, 1682. This will was recorded"vetbatim" in the records of the Court of New Castle meeting January1, 1683, at Which session "The laest [i.e. last] will and Testament ofWilliam Sempill, Late of New Castle, deceased" was produced (i.e.,probated) by two of the witnesses, John Biske and Jonas Arskin. Thetext 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 to sayfirst 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 the Gennerll: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 devyse bequeathand dispose the Same in
manner & forme following Vizt: First I: give, devyse and bequeath untomy dearly beloved wyfe
Josyn Sempill and my Little daughter Margaret wth: Rest of my wifesChildren 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, occupy anddlspose of as Shee my said
wyfe Shall See necessary and conveniety for the use of my sd: wyfe anddaughter 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 proper useand 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 of mydaughter Margaret Soe manny
Cowes, Sowes and other Chattell and What Els I: am allreaddy obligedto 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: ofwhat what worldly Estate I
shall Leave behind mee, and to use the best of their Indeavors for thebennefitt 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 others tomee, 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 & Testamentwhereof 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 tosubstitute the letters "th" to retain the pronunciation that theoriginal writer had intended.
From the will of William Sample, it is apparent that his wife Josine,had been married previously, and that she had had children by thatearlier husband. Unfortunately, however, William Sample did notmention the surname of Josine's children by her earlier marriage. Wewill return to this 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 withthe words "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 intendedthat she administer his estate, and that James Walliam and Samuel Land should "bee understood only as overseers & assistants to the widdow[herself] in the performand of her husbands will." Josine must havebeen a strong and bold woman for her day, for the justices acceptedher argument.
Before returning to a discussion if the provisions that William Samplemade in his will, it may be appropriate to review the dating systemthen in use in England and her colonies. As noted, it was on January1, 1683, that William Sample's will was presented for probate in theNew Castle court. The meeting dates for this session of the courtwere recorded however, as follows: "Att a Court Held in the towne ofNew Castle...the first and 2d dayes of the Elleventh month calledJanuary annoq. Dom.1682/3." It was under the old Julian Calendar,which remained in use in England and her colonies untill 1752 thatJanuary was counted as the eleventh month of the year and February asthe twelfth. The new year began on March 25th, in keeping with vernalequinox, but all of March was counted 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 thesolar year by eleven minutes, amounting to a full day every 131 days.This was corrected in 1582 with the adoption of the Gregoriancalendar, which we use today, by having no leap year in centenialyears not divisable by 400, and to correct the cumulative error thathad grown over the centuries, ten days were dropped and January wasdesignated as the first month of the year. Because it was Pope GregoryXIII who ordered that the new calendar be adopted, it was named forhim. For this reason, the Gregorian calendar was ridiculed byProtestant nations, including England, calling it a "CatholicCalendar". With Henry VIII having broken with Rome, England insistedon continuing to count the passing of time with the old JulianCalendar longer than did the rest of Europe. Particularly in the worldof trade and travel, the two calendars caused growing confusion. Inthe American colonies, the custom grew to use "double dates" duringJanuary and February and the most of March. Thus, the New Castle Courtsession beginning on January 1, 1682 under the Julian Calendar waswritten "1: January: 1682/3" Under the Gregorian Calendar this wasNew
Year's day, 1683. The English parliament finally adopted the GregorianCalendar in 1752, by which time it was necessary to drop eleven days,and throughout England and the colonies in 1752, September 2 wasfollowed by September 14.
Early Historical Events in the Colony of Delaware
Another historical matter needing discussion in order to understandthe difficulty in tracing the forebears of William Sample Sparks isthe complicaterd 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.It is not surprising that William Sparks, Jr. became aquainted withMargaret Sample, for, though living in different colonies, they grewup but a few miles apart. They were probably married in Delaware in orabout 1695.
Delaware did not come under English rule until 1664, the same yearthat England took possession of
Amsterdam in New York. Although its shore on the Delaware River hadbeen visited in 1609 by Henry Hudson, a British sea captain in theservice of the Dutch West India Company, it had been Sweden, notHolland, that succeeded in establishing a settlement at what is nowWilmington in 1638.
In 1651, the Dutch established a colony and built a fort at what isnow New Castle, and in 1655 New Sweden capitulated to the Dutch.TheSwedish colonists on the Delaware remained, however, coming underDutch rule. Then in 1664 when a war between England and Holland spreadto the New World New Amsterdamand other Dutch possessions in Americawere taken by an English expedition under James, Duke of York. TheSwedish and Dutch settlers on the Delaware River were permitted by theEnglish to remain on their land byswearing allegiance to the King ofEngland, and in 1673 the Duke of York's Bookof Laws introduced themto the English legal system. In the 1696 deed quoted earlier, thereference to "the Lord of the Soyle" meant the King of England. It isonly after English rule do local records exist for what became thecolony of Delaware.
In 1682, King Charles II extended the proprietary rule of William Pennto include, beyond the colony of
Pennsylvania, the land on the Delaware River that eventually wouldbecome the colony of Delaware. Initially, however it became known asthe "Lower Counties" of Pennsylvania. These three "Lower Counties"were called New Castle, St. Johns, and Sussex, although St. Johns waschanged to Kent County in 1682. In 1703, these three counties weregranted their own assembly, which was an important step toward theirbecoming the separate colony of Delaware.
William Sample, Immigrant to Maryland
Although our earliest reference to William Sample in New CastleCounty, Delaware, found thus far is dated October 22, 1677, we believethat if there existed Dutch and Swedish court or land records prior toEnglish rule, we would probably find his name there. We are certain,however, that he was neither a native of Holland nor Sweden, but thathe had come from England. We further believe that he was the sameWilliam Sample who arrived in Maryland in February 1653/4, i.e., itwas 1653 under the old Julian calendar but 1654 under the GregorianCalendar.
At the Maryland Hall of Records there is a very early handwrittenvolume of land records called "Liber A. B. & H." An expert inlocating and interpreting Maryland records, Dr. Carson Gibb, who hasdone research for us over a number of years, has provided us withphotocopies of a number of pages in this volume pertaining to WilliamSample.
As explained in The EarlySettlers of Maryland by Gust Skordas(Baltimore: Genealogical Publishing Company, 1968, p. ix), this "LiberA.B.& H" is a transcription completed in 1717 from much earlierrecords, most of which are no longer extant. Included in this 1717transcription is what was once called "Liber H (1650-55)," which nolonger exists.
To interpret the earliest record pertaining to William Sample in"Liber A.B.& H." one must note that, to attract settlers to Maryland,Lord Baltimore, the proprietor of the Colony, offered free land to anyman or woman who came to his colony at his/her own expense. The numberof acres provided had been reduced from 100 to 50 per immigrant by1653 when William Sample came. Ship passage from England to Marylandcost about 20 pounds at that time, a sum that few individuals desiringto emigrate to Maryland could pay. Many such men and women therefore,came as indentured servants, agreeing to work for the person payingtheir passage for varying numbers of years for their passage. Theperson paying for the passage would receive his servant's "right" tothe 50 acres.
The immigrant who "transported himself," i.e., paid his own way, orthe person who "transported" someone, would, soon after arrival inMaryland "demand" a "right" to the promised 50 acres. Upon receivingthe written "right", he/she could then transfer (sell) it to anotherperson. (For a more detailed account of this form of acquiring land inMaryland, see the QUARTERLY of December 1992, Whole No. 160,pp.4025-26.)
On page [folio] 382 of "Liber A.B.& H" appears the following entrydated 26th January 1653: "William Sample" Demandeth Fifty acres ofland for transporting himself into this province about February last."(This would have been February 1653 under the Julian Calendar, but itwould be February 1654 under the Gregorian Calendar.)
The name "Sample" was by no means a common surname in the 1600s noris it even today. No one else named Sample appears in the Skordasvolume cited earlier or in Carson Gibb's A Supplement to The EarlySettlers of Maryland.
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 twoother men who had transported themselves, i.e., paid their own way,from England to Maryland. They were Samuel Graves and Richard Harris.Whether Graves and Harris might have come to Maryland with WilliamSample is 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 whofigures later with William Sample, Samuel Graves and Richard Harris inthe sale of 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" toGeorge Bushy (oe Bussy) has been found, but that they had done so isindicated by 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 allFive hundred and Fifty acres of land in any part of the province notformerly taken 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 asliving on "Patuxent River". Here William Sample signed his name as"Wm. Sampell." Perhaps it was from Calvert County Maryland that hewent to Delaware while it was still under Dutch rule.
Because he had had the resources to transport himself to America,William Sample must have been a young man of some means. By the timehe appears in the English Delaware records, he seems to have been aman of both Financial resources and status in his community, as willbe seen below.
Records Pertaining to William Sample in Delaware
We have had no access to any records that may have been kept duringthe Dutch rule of Delaware, but English Court records survive andthose from 1676 to 1699 were published by the Colonial Society ofPennsylvania in two volumes, 1676-1681 in 1904 and 1681-1699 in 1934.Both volumes have been reprinted by the Clearfield Company ofBaltimore, 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 & threestyvers." The Court, comprised of three justices of the peace whoserved as magistrates, ruled in favor of Sample and Hamilton. Therewere subsequent cases in which William Sample and William Hamiltonwere co-plaintiffs regarding money due them, suggesting that they mayhave been partners in some manner. For example, at a session of theCourt on February 18, 167718, William Sample and William Hamilton wereplaintiffs against the estate of John Askin, deceased, "for the sumeof three hundred and six gilders and seven styvers."
In a Court record dated July 24, 1677, a jury was empaneled toconsider a case involving a stolen coat; William Sample was one of thejurors, a duty 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 of307 male heads of households were listed in such a way to suggest thattheir arrangement was geographical. That in which William Sample'sname appeared was headed "from the next side" and comprised 42 names.William Hamilton's name followed that of William Sample in the list,suggesting that their houses were probably side-by-side. Closeneighbors included Math: d' Ring, John Bisk, Jan Boyer, John d' haes,and James Walliam, all being persons mentioned as Sample's associatesin 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 thendrawn up addressed to the Governor, Sir Edmund Andross, requestingthat three additional justices of the peace be appointed to serve asmagistrates on the Court. Included in the petition were the names offour citizens presented "as the fittest prsons" from whom the Governormight choose three: "Mr Johannes Dehaes, Mr William Semple, Mr AbramMan, and Mr Hendrick Williams." William Sample was one of the threewho were appointed by the Governor, and as one of the now sevenmagistrates, he attended 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.)