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The Arrest of Henry Funk
Written by Larry Roeder, Editor
2019-07-02

First published In the Town and Country eighteen years ago as part of the Valley Past series, this account of the arrest of Henry Funk is a reminder that there were different ways to serve during the Birth of a Nation.

 

            Independence Day 2019 is upon us and as we prepare to celebrate and honor the wisdom, heroics, and accomplishments of the founding fathers of these United States, we should all take a moment to reflect upon the message they delivered in the freedom envelope. 

            At the outset of the Revolutionary War, citizens were required to sign an oath of

Funks Mill, on Schultz Bridge Road in Lower Milford

Township.  Photo from Andrew Berky's 1957 An 

Account of Some Hosensack Mills

loyalty.  Some folks refused to sign the oath on religious grounds.  Most of them contributed to the cause of freedom in other ways.  Some paid fines for non-performance of militia duty and others provided food or other provisions to the Continental Army. 

            The cause was independence and freedom, and many of those fighting for it journeyed to the new county to escape religious persecution.  However, there were some that did a poor job of exercising tolerance and understanding of certain religions and sects.

            Take the story of Henry Funk for instance.  Henry owned and operated a gristmill on the Hosensack creek.  It was located in Lehigh County, just a couple of miles north of what is now the Upper Hanover Township line in Hosensack.

            While doing business, Funk traveled the Kings Highway (Geryville Pike) often.  Along that stretch of road was an establishment known as the Buckhorn Tavern.  It was located near the intersection of what is today known as Limeport Pike. 

            On August 6, 1777, while riding horseback to make several business calls, he traveled past the tavern.  On his return trip, two men jumped from the doorway of the inn, halted his horse, and forced him to go with them.

            The men took Henry to the home of local Justice of the Peace Frederick Limbach.  His crime was failing to sign the oath of allegiance to the Continental Congress.  Perhaps if Funk had stopped at the tavern for a mug of ale he wouldn't have appeared questionable to the two civic-minded citizens. 

            One of the reasons they gave for stopping him was their suspicion that Funk was engaged in spying for the British because he often traveled past the inn.

            The charge was easy to understand because, in addition to his business interests, Henry Funk was a Mennonite preacher and as such his religious convictions did not allow him to sign the oath or frequent the tavern. 

            That didn't matter to Limbach.  To him the failures were an act of treason.  Funk was committed to the county jail a few days later.  Apparently Justice Limbach had a reputation for jailing those who would not sign the oath, even for their religious reasons.

            Fortunately, Funk spent less than a month in jail before the wrong was righted and he was released.  Limbach ended up on the short end of a harsh reprimand for his over zealous actions.   

            Henry returned to his mill and produced barrels of flour for the Continental Army. 

            Funk found it almost impossible to serve his country and his conscience at the same time.  Unhappy and bitter with the law and way he was treated, he eventually took the oath.  It didn't take long for that action to alienate him from members of his congregation and he was soon "read out" (removed) from the Mennonite Society. 

            Meanwhile, Limbach was still stewing over his punishment and decided to make life rough for Funk.  He decided to impose heavy fines on Henry in lieu of actual military service.  This was not uncommon, but in this case Funk did sign the oath and was producing food for the soldiers. 

            Funk eventually sought the legal aid of his friend, attorney Daniel Hiester, to settle the matter.  During the war, then Colonel Hiester was the commander of a Battalion of Militia.  He was described as a man of judgment, influence, and means.  He was also a true and faithful supporter of the war.  It is written that during the early days of the Revolution, "Daniel Hiester was a power in encouraging the despairing and reviving the hopes of the faltering in the Perkiomen Valley."

            Hiester petitioned Dr. Joseph Gardner of the Council of Philadelphia demanding that Funk be excused from paying the fines because he was "read out" of his church.  The good lawyer felt that was sufficient punishment for the Mennonite who signed the oath. 

            In his argument he wrote "Upon the whole, I think it a new doctrine that a man should be unprivileged because he is disowned by a people for his complying with the laws of his country." 

            After the case was settled, it is written that the Hosensack miller sold his property and moved.  Some historians say to Virginia and others say North Carolina. 

            His decision driven, in part, by the way he was treated in Lehigh County.


 

 

 

 

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