The King vs Jacobus Philipse 1758-1759

Date: 15 Dec 1758 [unknown]
Location: Rombout, Dutchess, New York, British Colonial America
Surnames/tags: Phillips, Philips, Bogardus Court_Case

The King vs Jacobus Philipse 1758-1759 Poughkeepsie, Rumbout Precinct, Dutchess County, New York

A Case of Bastardy

Summary prepared by:

George Case Phillips

Grants Pass, Oregon

April 20, 2014

On December 15, 1758, Helena Bogardus, a single female, was examined by Mathew DuBois, a Justice of the Peace. The essence of the interview was that Jacobus Philipse had carnal knowledge of Helena and she was pregnant with his child. Helena admitted to having sexual relations with Jacobus, with the belief that he had made a promise of marriage to her. She claimed that she did not have a relationship with any other man. (1)

On December 22, 1758, Yeoman Jacobus Phillips of Rumbout Precinct and Yeoman Henry Phillips of the same place, appeared before Justice of the Peace, John Bailey and acknowledged they were indebted to the King for one hundred pounds and sixty pounds, respectively. Further, they would forfeit that amount in goods, chattels, lands and tenements if Jacobus Phillips defaulted on the conditions set forth. The conditions of the recognizance is that Jacobus is charged by Helena Bogardus that he had carnal knowledge of her body and that she is now with child by him. He was ordered to appear before the court at its next session in May of 1759 at Poughkeepsie, New York. That until that time he will be of good behavior. (2)

On May 12, 1759, Rachel Isabrantz was examined by Mathew DuBois and John Bayley. Rachel stated that she had lived in the house of Catherine Bogardus of the Fishkills, a widow and the mother of Helena Bogardus, who recently delivered a bastard child. Rachel said Jacobus frequently visited Helena and was the only man to do so. Rachel said she believed Jacobus was courting Helena. She even saw a Helena with a gold ring. She did not know how she came by the ring. It was stated that the male child was born on February 16, 1759. (3)

In May of 1759, the Justices interviewed Thorne Pudney. Thorne stated that Helena sometimes worked in his home. During the preceding Spring, Helena was there and Jacobus visited two or three times and stayed all night. Pudney was of the belief that Jacobus was courting and that he had honest intentions toward Helena. Pudney also stated he had seen Helena wearing a ring, but didn’t know whose it was. (4)

1 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-35091-12750-58?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 768 of 1354.

2 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-35091-12759-81?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 766 of 1354.

3 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-35091-12571-83?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 746 of 1354.

4 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-35091-13042-15?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 750 of 1354.

In May of 1759, the Justices interviewed Lewis Bogardus. Lewis said that Jacobus Philipse often came to his mother’s house in the Fishkills to visit his sister, Helena. He said he always thought that Jacobus was courting Helena to make her his wife. Lewis said his sister constantly wore a gold ring. He also stated that his mother prevailed on Helena to return the ring to Jacobus. (5)

On May 12, 1759, the Justices examined Robert Bogardus, a brother of Helena. Robert said he knew Jacobus and that he frequently visited his sister the prior Spring and Summer. Robert said that early in the prior Spring he was in the woods with Peter Philipse, Jacobus’ brother, Peter told him there was going to be a marriage in the family. When Robert asked who the people were, Peter told him under oath “Between our brother Jacobus and your sister Lena.” Peter also told him that Jacobus said he “Only waited for a boat to send to York for cloathes (sic) for the wedding”. (5)

On May 12, 1759, Catherine Wilson, the wife of John Wilson of the Rumbout Precinct, a shopkeeper, was examined. Catherine said that, during the prior Summer, she was informed that Jacobus was courting her sister, Helena. Sometime during the Fall, her sister worked in her home for about a fortnight. She said that Jacobus visited her sister frequently during that time and almost always took her home. Catherine said she was not aware of any other males coming to see her sister during that time. (6)

On May 12, 1759, Catherine Bogardus, the mother of Helen Bogardus was examined. She stated that Jacobus Philipse frequently visited her daughter in her home during the prior Spring and Summer. She said she thought Jacobus was courting her daughter to be his wife and never suspected the integrity of his intentions until last December when she discovered Helena was pregnant. She said she inquired about whom the father was and she was told it was Jacobus. Catherine said Helena has consistently maintained that Jacobus is the father. Catherine went on to say she never saw her daughter with any other man. She also confirmed that Helena wore a gold ring before her pregnancy was discovered. She said Helena told her the ring was given to her as a pledge of marriage. When Jacobus refused to marry Helena, he reportedly insisted the ring be returned. Catherine explained that because of a “Considerable Alliance” between the two families she advised Helena to return the ring. Note: Two sisters of Jacobus; Magdel Phillips married Cornelius Bogardus in 1753 and Catharina Phillips married Robert Bogardus in 1758. (8)

5 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1961-35091-12618-65?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 756 of 1354.

6 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-35091-12710-5?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 760 of 1354.

7 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-35091-12581-31?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 762 of 1354.

8 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-35091-12546-80?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 764 of 1354.

On May 12, 1759, the Justices of the Peace conducted a second examination of Helena Bogardus. Helena stated that Jacobus Philipse visited her before Easter of 1758 under the pretense of courtship. After a reciprocal promise of marriage, Jacobus said he desired to ask her mother’s consent for the marriage. She said that due to her father’s recent death, she felt it indecent to marry so soon. She said she believed Jacobus was sincere about marriage, so allowed him to have carnal knowledge of her. On one of those occasions she became pregnant. She insisted, under oath, that only Jacobus Philipse could be the father of the bastard child. Helena further stated that Jacobus told her that his sister, Catharina, was in possession of a gold ring which belonged to him. She said he told her the ring was a pledge of marriage and to get it from Catharina. Helena got the ring and wore it for several months before her pregnancy was publicly discovered. (9)

On May 12, 1759, Justice DuBois and Justice Bayley rendered a judgment that Jacobus Philipse was the putative father of the bastard child. They ordered that for the provision and maintenance of the bastard child, Jacobus Philipse shall, upon service of the order, pay to the Overseers of the Rumbout Precinct forty shillings for the first four weeks of the laying in. He was further ordered to pay three shillings a week until such time as the bastard child was no longer a charge against the Rumbout Precinct. He was also ordered to provide to the court sufficient security to ensure his performance (10)

On May 18, 1759 Jacobus Philips and Hendrick Philips, his father, were bound to pay to the Overseers of the Poor for the Rumbout Precinct two hundred pounds. The sum to be held by the Overseers was to ensure that Jacobus consistently paid his weekly obligation for the child. Jacobus signed the document “James Philipes” and his father signed with his mark “HF.” (11)

Note: “March ye 25 Ano 1734 Hendrick Phillips his horse Brand Iron Which he putts or brands his Colts or Horses is With these following Letters his Eare Mark applied to his Neeat Chattel & Sheep & hoges and all Sorts is Two Small hols in ye Left Eare HF” (12)

9 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1951-35091-12820-87?cc=1920234&wc=MQFX-P2S:213305701,214050501, Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 771 of 1354.

10 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1942-35091-12551-84?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 773 of 1354.

11 "New York, Probate Records, 1629-1971," images, FamilySearch (https://familysearch.org/pal:/MM9.3.1/TH-1971-35091-11103-95?cc=1920234&wc=MQFX-P2S:213305701,214050501), Dutchess > Ancient documents 1721-1862 no 3786-4176 > image 1101 of 1354.

12 “Old Miscellaneous Records of Dutchess County, The Second Book of the Supervisors and Assessors,” Vassar Brothers’ Institute, Publisher, Poughkeepsie, N. Y., 1909, page 190.