The Answer of Jacob Reiff, 1733

[The Answer, 1733]

[The Answer of Jacob Reiff  is one continuous writing. All paragraphs here and bold type are added.]

The answer of Jacob Reiff, defendant, to the bill of complaint of John Deimer, Michael Hillegass, Joest Schmidt, Hendrick Weller, Jacob Siegel and Wilhelm Rohrich, complainants.

This defendant saving and reserving to himself now and all times hereafter all and all manner of benefit and advantage of exception to the manifold errors, untruths, uncertainties, insufficiencies and imperfections in the said complainants bill of complaints contained, for answer thereunto or unto so much thereof as this defendant is advised is anyway material for him, this defendant to make answer unto, he answereth and saith he believes it to be true, that about ten years since, divers Protestants born under the ligeance of the emperour of Germany, did transport themselves into this province, from such inducements as in the complainants said bill of complaint is mentioned.

And that in the year of our Lord one thousand seven hundred and twenty seven, they formed themselves into a religious society as near as they could upon the model of the German Reformed Church, and that they unanimously chose to themselves George Michael Weitzius (alias Weiss) in the bill named for their pastor. And this defendant saith that for the better discipline and government of the said society, they divided themselves into two congregations, one of the said congregations called  the German Reformed Church of Philadelphia, and the other called the German Reformed Church of Skippack. That each of the said congregations did in the year of our Lord one thousand seven hundred and twenty seven, elect four church-wardens or elders, the Peter Lecolie, Johan Wilhelm Roerig, Hendrick Weller, and Geo. Peter Hillegass were then elected church-wardens or elders for the German Reformed Church of Philadelphia, and Wendel Keiber, Gerhart In-de-haven, Christopher Schmidt and George Reiff were then elected church-wardens elected since by the said congregations, or either of them, as this defendant knows or believes. And this defendant doth deny that John Diemer, Michael Hillegass, Joest Schmidt and Jacob Seigel or either of them was ever elected or appointed elders or church-wardens of the said German Reformed Church of Philadelphia or of Skippack, or of any other place or church with this province, according to the rules, order, and customs of the said church of Philadelphia or Skippack, or any other German Reformed Church within this province as this defendant knows or believes. Wherefore, this defendant humbly conceives and is advised that neither the said complainants John Diemer, Michael Hillegass, Joest Schmidt, and Jacob Siegel, nor either of them, nor the said complainants Hendrick Weller and William Roerigh, without the rest of the said church-wardens or elders of the said German Reformed Church of Philadelphia together with the church-wardens or elders of the German Reformed Church of Skippack, have any right to call this defendant to account for the matters and thing alleged in the said bill of complaint.
[we note he omits mention of the meetings in his home with Boehm prior to 1727]

But for as much as this defendant is willing that a just and true account may be rendered of all his actings and doing in relation to the trust mentioned in the complainants’ said Bill of Complaint, and that this defendant may be discharged from the said trust and have the direction of this honorable court therein, he further answereth and said that the said congregations of Philadelphia and Skippack in conjunction with their minister George Michael Weitzius (alias Weiss) did prefer a petition to the excellent Classis of Divinity in the United Provinces, which petition this defendant said was signed and subscribed by the church-wardens or elders of both the said congregations of Philadelphia and Skippack, and (as this defendant remembers) it set forth the unhappy and necessitous condition of the said congregations and prayed the charitable donations of the said Classis, and this defendant delivered the said petition to  Doctor Wilhelmus in the bill named.

 This defendant believes a report was spread in Pensilvania that collections of money had thereupon been made, and that before such news arrived the said George Michael Weitzins (alias Weiss) had prepared to return to Holland or Germany, and that upon receiving the said news the said congregations or one of them might entreat him to stay, to which the said George Michael Weitzius (alias Weiss) might make such answer as in the complainants said bill of complaint is set forth, and might promise to serve them to the utmost of his power; and this defendant doth acknowledge himself to have been a member of the German Reformed Church of Skippack from its first establishment, but not of the German Reformed Church of Philadelphia, as in the bill charged.

And this defendant doth deny that he usually traded into Holland or Germany, as in the complainants said bill of complaint is falsely suggested , other than and except that this defendant went over there in the year of our Lord one thousand seven hundred and twenty seven to fetch his relations, and laid out his money (as passengers generally do) in goods fit for sale in this country. And this defendant saith that before or since that time he never carried on any trade to or from Holland or Germany (except as hereinafter mentioned). And this defendant doth admit that he was acquainted with Doctor Wilhelmus in the bill named, and was informed by him that a collection had been made in favor of the said congregations of the German reformed Church of Philadelphia and Skippack to the amount of about two hundred guilders, but knows not of his own knowledge what sum collected.

And this defendant saith that the said Doctor Wilhelmus requested him this defendant to receive the monies so collected for the use of the sd. Congregations of Philadelphia and Skippack. But this defendant absolutely refused so to do, having been informed by letter from some of his friends in Pensilvania that some of the members of the sd. Congregations were jealous or entertained some suspicions of this defendants’ honesty, or to that purpose. [so he would not transport the monies on his first trip]

 And this defendant said that he this defendant returned to Holland from Pensylvania in August in the year of our Lord 1729 and denies that he did acquaint the said congregations, church-wardens or elders, or any person or persons whatsoever, that he intended a voyage to Holland and from these to Frankfort in Germany, or that he should be glad of the company of the said George Michael Weitzius (alias Weiss) or that he would willingly assist him in doing any service he could to his brethren of the Reformed Church of Philadelphia; or that if he should stand in need of any money for that purpose or for his own private wants that he this defendant would furnish him, or anything to that or the like purpose, as in the said bill of complaint is falsely suggested.

But on the contrary this defendant saith that on his return from Holland to Pensilvania in the year of our Lord 1729 as aforesaid (or any time afterwards till prevailed on as hereafter mentioned) he had no thought or design of going abroad any more. But several of the church-wardens or elders of the said congregations of Philada. and Skippack and the said George Michael Weitzius (alias)Wei-s) frequently applied to the defendant and earnestly entreated him to go to Holland and Germany once more to accompany and assist the said George Michael Weitzius (alias Weiss) in collecting and receiving monies collected and to be collected for the use of the said congregations. And the better to prevail on this defendant to comply with their request they voluntarily and of their own accord faithfully promised that they would reimburse and pay to this defendant all costs and charges and expenses that he should be at in the said voyage, and that they would likewise pay and allow him any reasonable satisfaction for his time and trouble therein. [as if they did not trust Weiss]

But this defendant often refused to take the said voyage, this defendant being then employed in carrying on certain buildings on his plantation at Skippack, and it was likely to be very prejudicial to this defendants affairs. And this defendant saith that in order to get rid of their importunities he endeavored to get some other person to undertake the said voyage in his stead and accordingly offered £5 out of his own pocket to one Hans William Rohrich who was willing to go. But neither of the said congregations thought fit to trust him. And this defendant saith that by the continued importunities of the said members of the said congregations, their elders or church-wardens and minister; induced by their fair promises expecting that agreeable thereto he should be reimbursed all the charge and expense he should be at and be also generously rewarded for his trouble and upon the said elders or church-wardens signing an instrument for that purpose, the said defendant was at length prevailed upon to undertake the said voyage, tho’ hazardous, troublesome and very prejudicial to this defendants affairs and interest, and the great displeasure and uneasiness of his most intimate friends and relations.

And this defendant saith that true it is a power was given to this defendant signed by the elders or church-wardens of both the said congregations of Philadelphia and Skippack, but [1] denies that the said power is of the purport or contents in the bill set forth, or [2] that he was thereby enjoined to observe the directions of the Classis in Holland, as may appear by the said power now in the defendants possession and ready to be produced to this honorable court, a copy whereof is to the defendants answer annexed, which this defendant prays may be taken as part of this his answer. And this defendant believes it was given without his knowledge. And this defendant doth admit that such application was made and such instrument signed by your honor as in said complainants’ said bill of complaint is mentioned.

And this defendant saith he believes it to be true that such a book call a collect-book, as in the bill mentioned, was prepared by the church-wardens or elders the said congregations, but knows it not of his own knowledge. But this defendant said that when the said George Michael Weitzius (alias Weiss) was about to leave Holland and return to Pennsilvania he the said George Michael Weitizius (alias Weiss) delivered this defendant a book which in the title page thereof (wrote in High Dutch) is called  ‘a general book of collects made for the use of the reformed High Dutch congregations of Philadelphia and Skippack in Pennsilvania, which certifies for a testimony of truth their minister together with the elders or church-wardens.’

Underneath which title or writing is subscribed the names of the said minister George Michael Weitzius (alias Weiss) and the names of the said elders or church-wardens of the said congregations of Philadelphia and Skippack, in which said book is also contained certain memorandums and copies wrote (as this defendant verily believes) by the said Gorge Michael Weitzius (alias Weiss) in which memorandums is mentioned to have been given several sums of money to the amount of two thousand and one hundred guilders and upward, which book the said defendant now hath in his custody and is ready to produce to this honorable court.

This defendant saith he embarked with said George Michael Weitzius (alias Weiss) for Holland and arrived there about the time the complainants’ said bill of complaint mentioned, and that upon their arrival the said George Michael Weitzius (alias Weiss) and this defendant made application to Doctor Wilhelmus and other persons for the collected money above mentioned, and requested the same might be paid to the said George Michael Weitzius (alias Weiss) for the use of the said congregations of Philadelphia and Skippack, and the said George Michael Weitzius (alias Weiss) did several times receive several sums of  money on that account, but how much or to what sums this defendant cannot remember. And this defendant saith that the said George Michael Weitzius (alias Weiss) did also then give this defendant another power to act in the premises in his absence, but did not enjoin him to follow the directions of the Classis in Holland neither did this defendant promise him so to do. Nevertheless this defendant said he always observed and punctually followed the direction of the said Classis and Presides of Holland in managing the affair so committed to his care for the said congregations, and that the said Classis and Presides of Holland never gave this defendant any other directions than the manner and places how and where the monies should be collected, as this defendant knows or remembers.

And this defendant denies he ever acquainted the said George Michael Weitzius (alias Weiss) that he designed to go and trade at Frankfort in Germany, neither had this defendant any other trade or business there than to collect money for the said congregations of Philadelphia and Skippack and otherwise to negotiate their affairs.

And this defendant doth deny he ever received the sum of two thousand one hundred and thirty-two guilders and twelve stivers, or any sum or sums of money whatsoever of the said George Michale Weitaius (alias Weiss). But said that by virtue of a letter or order from Mr. John Leonhard Van Asten, of Rotterdam, to whom this said defendant believes the said George Michael Weitzius (alias Weiss) has paid seven hundred and fifty guilders, this defendant received of Messieurs Charles and Issac Behaghe at Frankfort, the like sum of seven hundred and fifty guilders of Holland’s currency for the use of the said congregations of the German Reformed Church of Philadelphia and Skippack, amounting to about one hundred and twelve pounds, ten shillings and one-half penny of the currency of this province of Pensilvania. And this defendant saith he also received for the use of the said congregations as follows: Of the Reformed Dutch congregation at Frankfort, forty guilders; of the Reformed French Church at Frankfort, twenty guilders; of the Reformed Low Dutch Church of Hanau, four guilders; amounting in the whole to seventy six Dutch guilders, or florins, of the value of about eleven pounds eleven shillings and eleven pence half-penny which together with the above sum of one hundred and twelve pounds ten shillings and one half-penny makes the sum of one hundred and twenty three pounds eighteen shillings Pensilvania currency.

And this defendant further saith that he hath received no further or other sum or sums of money for the use of the said congregations of Philadelphia and Skippack of any person or persons whatsoever; that the names of the congregations or churches who paid the same and the several sums by them paid is inserted in the collect-book above mentioned. And this defendant doth deny that he ever suggested that by trading to Germany he could improve the said money so committed to his care to the great advantage of the said congregations of Philadelphia and Skippack, or either of them,, or anything tending to that purpose. And this defendant further saith—that some small time before he received the said monies, he, together with the said George Michael Weitzius (alias Weiss) did consult and advise with Doctor Wilhelmus in the bill named about disposing of the same, and it was then proposed by the said George Michael Weitzius (alias Weiss) that it should be laid out in goods and merchandise which the ad. Doctor Wilhelmus approved of, and the sd. George Michael Weitzius (alias Weiss) directed this defendant to lay out what money should come to his hands in certain goods and merchandise, a particular whereof he delivered to this defendant in writing, intimating that it would be much more for the advantage of the sd. Congregation than to carry it over in specie. [so it was not his idea]

And this defendant saith that he, this defendant, did accordingly lay out and expend all the said money so by him received in purchasing the said goods pursuant to the said directions, which goods this defendant (being about to return to Philadelphia) caused to be shipped on board the ship called the Brittania Gallery, Michael Franklyn, master, then bound for Philadelphia, for the use and on the proper account and risk of the said congregations of Philada. And Skippack.

And this defendant further saith that at the time the said ship was about to sail the said Doctor Wilhelmus ordered and directed this defendant to go to the Synod for North and South Holland, held at Dordrecht, which this defendant accordingly did, being unwilling to omit anything that might tend to the interest or service of the said congregations of Philadelphia and Skippack, that this defendant returned with all possible expedition to Rotterdam. But (to this defendant’s great surprise) the said ship was sailed for England in order to be cleared of the custom house there, that she might lawfully proceed on her said voyage to Philadelphia, to the great damage of this defendant, his clothes, effects and provisions being on board; that the master of the said ship being unwilling to advance any money for the duty or customs of the goods so shipped for the use of the said congregations as aforesaid, left them in the custody of the collector of His Majesty’s customs at Cowes, in the Isle of Wight (where the said ship went to clear) as this defendant is informed by letters from Mr. John Hope, a merchant there; that this defendant arrived at Cowes in or about June in the year of our Lord 1732, on his voyage to Philadelphia, and then endeavored as much as in him lay to get the said goods with him. But before the defendant or the collector of customs could procure an account of what sum was due for customs and duties, the ship this defendant went in was ready to sail and he was forced to go away without them. But this defendant saith that before his departure from said island he left in the hands of the said Mr. John Hope (who is reputed an eminent merchant there) forty-nine pistols gold of the value about L68, 12s Pensilvania currency, on order to pay the duty, custom and freight of the said goods and to return the overplus (if any) to this defendant. And this defendant saith that some time in November last he received a letter from the said Mr. Hope signifying that the duty or custom of the said goods was paid and that he only waited an opportunity of shipping them to Philadelphia.[he was imprudent at best in missing the ship].

And this defendant saith that he  hath been frequently requested by the complainants to pay them the said 2182 guilders and 76 guilders in the bill mentioned and this defendant refused so to do. But this defendant then offered to pay into the hands of the elders or church wardens of both the sd. Congregations of Phila. And Skippack, who this defendant apprehends, are the only persons who can give this defendant a legal discharge for the same, all sum or sums of money which on a fair account to be settled between them should be found due or in this defendant’s hands, for the use of the said congregations, reasonable deductions being made for the expense, time, and trouble of the aforesaid voyage, according to their agreement. And in order to make them easy was also willing at that time and offered them to take the above mentioned on this defendant’s own proper account and risk, and to allow them money in lieu thereof. And this defendant saith that some of the principal members of the said congregations thought this proposal very just, but the complainants rejected it and insisted very strenuously on this defendant’s paying them the whole two thousand one hundred and thirty-two guilders and seventy-six guilders in the bill mentioned, that this defendant declared he had never received so much. [they wanted double the amount he said was collected]

This defendant further saith that he was always willing to render a just and true account of all monies received by him for the use of the said congregations of Philada. and Skippack and to pay what shall be found in his hands on an account stated and reasonable deductions made for this defendant’s time and trouble and expense as aforesaid, and still is ready so to do as this honourable court shall direct, but humbly hopes that as the complainants have refused the fair and generous proposals of this defendant this defendant shall not now be compelled to take the said goods on his own account, they being shipped by the direction of the said Gorege Weitzius (alias Weiss) with approbation of the said Dr. Wilhelmus, for the proper account and risk of the said congregations of Philadelphia and Skippack. And this defendant saith that this defendant thought and was advised that it was not safe or agreeable to the trust in him reposed to pay what was in his hands to the complainants, they not having any right or authority to receive the same, and for that the same belonged as well to congregation of the German reformed church at Skippack as to the congregation of the German reformed church at Philadelphia, for whose joint use and benefit this defendant received the same. And this defendant doth aver it was so intended by the persons who paid the same.

And this defendant further saith that he is credibly informed and believes he is able to prove to this honorable court that the said complainants’ said bill of complaint is brought and this suit commenced and carried on without the consent and against the will of the elders or church wardens of the said German reformed church of Skippack and of the one-half of the elders or church wardens of the German reformed church of Philadelphia, and against the general consent of the members of both the said congregations, on purpose to vex and trouble this defendant and rather to put this defendant to charge and expense than for any equitable cause.  And this defendant saith that he has been so far from injuring the said congregations that in all things he has constantly endeavored to promote their interest, and had advanced, lent and paid before his voyage to Holland about the sum of L 150 Pensilvania currency, in order to purchase some land and build a church for the use of the said congregations, which money remains unpaid with interest thereof to this day. [ie. more than the sum alleged collected].

And this defendant  for their greater ease in repaying the same condescended to wait till the aforesaid monies so collected in Holland should arrive. And this defendant denies he now hath or hath had at any time since his return from Holland as aforesaid any design or intention to depart this province as in a petition preferred to this honorable court by the complainants has been falsely suggested. And this defendant doth deny all combination in the bill charged, without that any other matter or thing in the complaints’ said bill of complaint contained material or  necessary for this defendant to make answer unto, and not herein and hereby sufficiently answered unto, confessed or avoided, traversed or denies, is true to the knowledge and belief of this defendant, all which matters and tings this defendant is ready to aver and prove as this Honourable court shall direct, and humbly prays to be hence dismissed with his reasonable costs and charges in this behalf most wrongfully sustained.                                
                                                          Thos. Hopkinson

[(1709-1751) 1st president American Philosophical Society, Founder U of Pennsylvania]

Quarto die Septembris, 1733

Coram THOS. LAWRENCE

The well connected Hopkinson was  member of the Philosophical Society with Franklin and a Mason.