Record of Upland Court

Record of Upland Court - 1679

138                               RECORD OF

Att a Cor :* held in the Towne of Upland in Delowar on Teusday november ye: 2591 & the 26' 1679;

MRR PETER COCK                         Ma ISRAELL HELM

Justices prsent              

MRR OTTO ERNEST COCH         

MRR LACE ANDRIES

PETER BACON                                pit

CAPT XTOPHI BILLOP Deft

The P't by his declaration declared as foolloweth viz That Captn,' Xtophir Billop att or about the first day of august 1678 did ag ye P will by foorce Presse anid take away a Certaine horse of your P" then att Passayunk which said horse was Brought att the said Billops Planta­

gn

tion on Staten Island where the said horse was Detayned and kept the space of foower nuonths and as the P Is Innfoormed he the said Capt~h Billop did during d terme work and use your P"s said horse and the 5' December Last Past the sd horse was deliuered back to your 1t by Thomas Olyne att Burlington but In a sad and a poore Condition as the P" can make appeare.

Now the P~t haueing missed annd bii‑‑n In wanit of his said horse the space of att Least fooure months during which tyme The P" hatti made twoo voyadges with a boat and a man from 5: Jonses to Burlington Purposely foor the s horse which has occasioned great hindrances excesesive Charges truble annd Expenses to your P whoe likewise had write to his honor ye Govorner at new yorke about Itt his

UPLAND COURT.                         139

9 ye 2511, 1679

s honors answer was that the P't had his Remeddy by Course of Lawe open ag't the said Billop.

Your P't foor his Redress has Commenced this his action and humbly Cranes your worpps to granit him an order a,‑,,st the Deft. as feolloweth (vizt) first foor the hier of the horse the space of foower months att 3 gilders per Diem as the Custome here is ye sume of 360 gilders as alsoe foor twoo voyadges made by the Pl.' and a man and a boate from s Jonses to Burlington which is neer 150 myles In which s4 yor

voyades Pl.t spent six weeks tyme the sume of 420 gilders and Lastly foor other Charges and Expenses which ye s 1t and man haue binn out In the said twoo voyadges the ume of 300 gildrs which amounts to In all to the sume of 1080 gilders and ye P't Craues also that his attachm In the hands of Lasse Cock may bee allowed with all Cost annd Charges.

The deft beiing three tymes Called did not appeare; and

the action haueing ben continued 3 Courtdayes; In wc:h

tyme notwithstanding bee had due notice & did promisse to appeare bee hath not appeared, and the P't by James Sanderlins pressing for Judgemt The Court thereupon Examining the Case doe thinke fitt to pass Judgemt against ye deft: foor 1080 gilders and doe allow of the attachm by ye P't Laid on ye deft servant Justa Justassen in ye hands of Lasse Cock; together wt all Costs.

I                                                                                                            Uponn ye desire of ye undersherrifoe The Cor:l haue ap                      pointed & sworne Mr       r           & Mr                                                                                  : John Test             : Jam: Sanderlins

                             William Orian appraizers to appraise Justa Justasseni ser­


140                              RECORD OF

9r 25k? 1679;

vant to Capt' Billop, on ye Judgemt & Execution of Peter Bacom ag' ye s Billop

                                    The aboves appraizers returned foraward yt they Judged the tyme of his service being          Jeare worth 650 gilders.

JAMES CRAWFORD of St Georges Creek P~t JOHN TEST         Deft

michil Izard in behalfee of ye: P craued a Refeerrence til next Courtday; the P" inot haueing Enterred any declarat: & not appearing by himselfe or attorney upon the def~s request a nonsuit was ordered ag':t ye P w Costs of

B.uite;

JOHN TEST                                          Pi. ~JAMES CRAWFORD Deft.

Upon ye desire of michil Izard in ye behalfee of ye: deft: This action is Continued till next Court day;

PETER JEGOU            pit            In an action of TresTHOMAS WRIGHT             Def ts passe upon ye i~ase. & GODFREY HANCOCK

The 1t declares that in ye yeare 1668 hee obtayned a permit & grant of governr Philip Cartret, to take up ye Land Called Leasy Point' Lying and being ouer agst. mat­

1 This was probably the upper point of land at Burlington, formed at the junction of the Assiscunk with the Delaware' and called by Lindstrom (MS. Map), "Assujungi'," the lower point being called by same authority 'MarachOnsiCka." It was in the house of the Plaintiff, that in 1672 George Fox lodged on his remarkable journey from "Middleton Harbour" to New Castle. He confirms the statement in the text, and says in his journal 11 that it had been deserted for foear of the Indians " (Ferris, 130).

UPLAND COURT.                               141

gt 25t1 1679;

tinagcom Eyland' & Burlinngton to settle himselfe there & to build and keep a house of Entertaynmeiat foor ye: accomodation of Trauelors; all Wch ye P~t accordingly hath done, and morouer hath purchazed of Cornelis Jorissen, Jurian macelis & Jan Claessen, Each their houses and Lands at Leasy Point afoores' wc:h was given them by the dutch gouern or in: ye: Jeare 1666 for all wch governnor Car         yor

tret promissed P't a Pattent, all w'' 8' houses and Lands ye P1 had in Lawfull possession until ye Jeare 1670; att wh tyme yor P't was plundered by the Indians, & by them utterly Ruined as is wel knownne to all yo world; so that ye P't then foor a tyme was fooreed to Leaue his Lannd & possession afores and to seek his Lyvelyhood & to repaire his

Sd Ny~

Losse in other places; & to Leaue his Land as afoore Intention to returne when occasion should prsent. But now Soe itt is nuay itt please y6r worpp that w ye arryvall of these new commers Called quackers out of England

s

These deft Thomas wright & Godfrey hancok haue violently Eiiterred upon yor P"s s' Land and there haue by foorce planted come, cut timber foor houses, mowed hay & made fences, notwithstandin‑ that they were forewarned

0

1 "Mattinagcom Eyland," mentioned in a subsequent page as "TinnagCong Island"' is the present Burlington Island, called by Lindstrom (MS. Map), "Tinnekoncks Eyland Tie de Tinnedonck." It was, in 1711' surveyed "to Lewis Morris as Agent to y' West Jersey Society by Thomas Gardinei Survey Genl.," and called by him "Matoneconk Isles," containing about 400 acres (Records, Sec. States Office, Albany. Hazard's Ann., 373i, 460. Breviat. 40, 41). According to Gordon, it was' by act of Legislature of 28th Sept., 1682, given by the Proprietors to the support of a Free School, and contained 300 acres. Gordon's list, and Gas. Of N. Jeraey, &le "Burlington."


142                              RECORD OF

nov 25th 1679

by yo, Pi's frind Henry Jacobs, in yor P"s behalfee, in the Presents of Capt" Edmund Cantwell; and afterwards by ye Pl:t summoned before ye magestrates of Burlington, whoe makeing nno End of itt; The Case was wth s magestrates & these Defts Cousenit remooved here befeore yo' worpps: wherefeore the P't humbly craues yo' worpps: to ord the Defts: anid all others niot to molest ye Pit ini ye quiet possession of his 5d Land; etc:

Cor

The def':s in :t declared to bee verry willing to stand to ye Verdict & Judgem of this Cor whereupon the Cort (haueing heard the debates of both partees and Examined all ye papers; :) are of opiniion that sence Mr Peter Jegou had governo~ Cartrets grants & was in quit possession of ye Lanid, befeore Ever ye Lanid was sould by Sr John Berckley unto Edward Billing anid yt, hee ye s': Jegou bath also bought ye: Land and paid ye Indianis feor ye Same; That therefeore m? Peter Jegou ought peaceably & quietly to Injoy ye same Land & appurtenanices, according to grant

& purchaze;                                                                        ‑

WILLIAM DARVALL by pit

his attorney                  J

OJLE COECKOE       Deft

partees agreed

JAMES Su)ERIai  P't JOHN PEARS             Deft

The Pt demands of this deft by ballance of accompts,

produced in Co ye sume of 163: gild: 15 fstyvers;; for wch

hee humbly Cranes Judgem, and that InS attachmt Laid

UPLAND COURT.    143

novr 25' 1679.

on this def Tobb: at ye Plantation of Lasse Colman may bee allowed wt' Cost; ‑ The Deft was proved to haue ben Runaway; ‑ The Cor : t haueing Examined y Case and the Pl:t haueing made oath to YO Justnesse of his acet: In Court; The Court doe ord Judgemt to bee Enterred ag':t                                       ye        r

the deft feor sume ‑of 16 3: gild. 15 styvrs & doe allow of ye attachmt provyded asse Colman bee first paid out of ye: Tobbacco w Costs;

                   Upon ye request of Lasso Colman sheweing that John Pears is debtor to him foor dyet Lodgeing house & ground foor to plant on ye sume of 300 lb of tobb. & 12 gild: desiering sence ye sU John Pears is run away that hee ye petieonr                 Out of ye

                   : may bee first befoore any others paid     Cropp of tobb. by ye s Pearce Left onn his plantation‑n; The

                                    Case bein Examined e Cort doe grant ye Petieonr his

                   9                                 y Request

JAN CLAASSEN PAERDE COOPER P't s' Court

JOHN SIIACKERLY's Estate Deft I :

noe administrator as yet appointed The Case is continued til next Cor.t

Ephraim Hlerman declared this day In Cor to desist of

                   to ye                           ed him by this Cor~

all his Right & Tytle    : Land grant to take up Lying & being betweene Pemibaccan & Poet quessink Creekes to ye End that the Cor.t might dispose thereof to others whoome they pleased.

Upon the Request of Laers Laersen & oele Coeckoe dering a grant of this Cor:t to take up all y Land hereto­


144                               RECORD OF

nov 25t 1679

feOre by this Co1 granted unito Ephraim I‑lerman Lying and being betweene Pemibaccan & Poetquessink Creekes, The C6'! in Reguard of ye d Ephraim Herman has desisted of his Intrest to ye same, Doe grant ye Peticon Liberty to take up all ye same Land abovementioned (Excepting ye Land of Pelle Rambo), They the Peticonr! seatinng & Improoveing itt according to his honor ye governo­orders and Regulacons;

    Hs PETERSEN of Carkes hoek P't             HENRY COLMAN    Def t The pit demands by ballance / 43 feor Lanid Sould:

pd

The deft. Replyes to haue all to ye pit & desires the pit to showe ye bill of sale. The Case refeerred.

ANDRIES HOMMAN P't fti             Refeerred till next Court LASSE DALBO      De                               day

WILLIAM DARVALL by 1 pit        I an action of

EPH: HERMAN his attorn           debnt by bill ye sunne

JONAS NIELSEN      Deftl of 270 gilds:

The deft. aknowledges the debt but denys ye payment because the bill is Lost by Thom: harwood;

The P attorney proffers to giue the deft a sufficient discharge Record & withail security that the debt shall not hereafter bee more demanded;

The Cort ordered Judgem to bee Enterred ags! ye deft feor ye sume of 270 gilders according to bill ye Costs, Provyded the plt or attomey at ye receipt, gives the deft a sufficient discharge to saue him harmelem foor the fuuture of ye s" bill;

UPLAND CGURT.                          145

nov 25t 1679                    JOHN TEST          Pit

JOHN ASHTON as the attorniey of Elizibt, Kinsey I Deft

The Pl.'demands of this deft the restitution of 5 Bevers, Left w hur ye s' Elizabeth Kinsey in trust & to bee restored to him ye pl:t when hee should send foor them;

The deft Replyes that senmee Elizaketh Kinsey is come bake hur selfoe hee is dismist of his attorney ship & there­

foore desires this plt to sue hur ye sd Elizabeth hurselfee ‑

The Cor.t doe order that sence EEzabeth Kinsey is here hurselfee, & John ashton declaring yt hee is disnnist, that therefoore Elizabeth Kinsey appeare here ye next Court to answer to this suite hurselfoe;

Laurenns Cock Sworne in Court declares that lice heard Elizabeth Kinsey say that the beauers were only secured by hur foor John Test & y they were not hur bevers, & sayeth further that John ashton seuerall tymes tould this depont that hee knew they were John Test his beauers but hee could not delivery‑ so Long his mistris Elizt Kinsey was niot att home;

James Sanderlins John Test and WilIiam orian appraizers

appointed to appraize ye attached servant Justa Justassen, in ye action of Peter Bacorn agst Xtopher Billop, Returned their award that they vallued s Justa his servis to Capft Billop worth 650 gild­

Lawrens Cock In Cor.t Ingaged to yo undersherrife will: warner to pay this aboves 650 gilders for and in behalfe of him y8 s Juta Justassen;

10


 
 

146 RE-CORD- OF

novr 25 1679

1.Jpoi the Peticon of Jan Van Cuelen The Cot haue

granted him Liberty to take up one hundered acres of

Lana wthjfl this Cdr's Jurisdiction w heret~ofoore is not

granted taken up or Improoved by any others, Provyded hee

the!Peticonr sets & Improoves the same ac&rding to his

honor ye gov orders & Regulacons.

 

This dafappearect in Court John Test of upland mer-

chant, whoe declared to assigne Transport and make ouer

free & cleare of all Incumbrances, unto Richard friends of

waymouth & milcomriges in ye kingdom of England his

heirs and assigns, all that ye s John Test his plantation or

farme Lying and being att upland aforesaid Contayning

200 acres of as well cleared as wood Lannd; together w:th

all annd singular ye dwelliing houses outhouses foences or-

chard & all other itts appurtenances together wt? ye oxen

cowes hoggs & sheepe thereupon; This aboves' Land was

first granted by pattent from Governor francis Louelace

bearing date 7th of June 1672 unto nneeles matsen; & sence

by y s neeles mattsen sould unto John Test by John Test

unto Rich: Guy, by Rich: Guy unto John hayles, by John

hayles again to Johni Test & by ye d John Test unto ye

abovesd Richard friends, and the sd John Test declared j

haue Given unto ye s( Richard friends a deed of sale & all

ye papers & wrytings Conserning ye premisses, un'to him

ye s Rich: friends; aforenamed.

James Sanderlins as attorney, of Richard friemads of way-

mouth etc: did in Co declare to aknowlede the assigning

& makeing ouer of the aboves Land Plantation Cattle'aind

 

UPLAND COURT. 147

Nov 25 1679 ,

All itts appurtenances unto Stephen Chambers of way-

mouth & milcomriges afeorenamed; and that hee ye 5d

Richard friends; had Given unto him ye 5d Stephen Cham-

bers; an absoluth deed & Conveigance of ye premisses y

8' day of august 1679: in New Yorke; as also ye Pattent

& all other Papers belonging or appurtaynig to ye same;

and that there was att prsent upon 4 d plantation in the

Custodie of y Tennant will: oxie feowe,.t' oxen three Cowes

three sowes & twoo yeos & their Increase; and fuurther hee

yo 5d James Sanderlins declared that heq as ye attorney of

Stephen Chambers aboves did foor and to ye use of him yo

5d Stephen Chambers take possession of all & singular ye

Land & premisses:

Upon the Peticon of Harman Jansen of Carkes hoek;

TCor he doe grant him Liberty to take up on the west

lowr syde of this Riuer of de wtin this Courts Jurisdiction;

one hundered & fifty acres of Land wc" heretofoore is not

r granted taken up or Improoved by others; the Peticori

seating & Improoveing ye same according to Lawe Regu1a,

cons & orders;

This day appeared in Court James Sanderlins and Lau-

rens Cock whoe declared to haue sould assigned and made

ouer unto waiter foorest John foorest & frrancis foorest, all

their ye sd James Sanderlins & Laurens Cocks Right Tytle

and Intrest to a Certayne tract or parcell of Land of 417

acres; LYing and being on the west of delowar River be-

giniiing at a Corner marked whyte oake standing at the

north East de of poetquessinnk ()reeke at ye mouth


148                              RECORD OF

Nov25th1679

thereof, and from thence Running along ye River syde bounded therewith north East ninety perches, and East by north Twoo hundered feourthy & six perches to a Corner marked Pyne, standing att ye river syde, frrom thence north north west by a Lyne of marked trees 300 perches to a corner marked Spannish oake standing at ye syde of ye Maine Run of y;s4 Creeke, and from thence feouowing the severall Courses of the s' Creeke, to ye first mentionied Corner whyte oake Contayine 417 acres as aboves according to ye surveighs made thereof by the surveigorr waiter wharton ye: St' day of octob' 1678;

Henry Hastings this day apeariing in Court declared to haue sould assigned and set over unto John Test of Upland his heirs and assignes, all his ye s Henry Hastings Right Tytle and Intrest; to a Certaynne parcell or tract of Land; called hastings hope, scituate and being on the west syde of delowar River; a myle above Poetquessink Creeke, beginning at a Corner marked Pine standing by the Riuer Syde being a Corner bounded Tree of ye Lannd of James Sanderlins and Laurens Cock and from thence Running East by ye River syde one hundered & Eighty perchei3 to a Corner marked Red oake, standing att ye upper syde of ye mouth of a small branch from. thence north north west 341 pches then west south west 100 perches to a Corner marked Spannish oake of s James and Laurens and standing at ye syde of ye Maine Run of Poetquesisink Creek and frrom thence S. S. East by their.Lyneof marked trees 300 perches to ye first mentioned Corner. marked Pyne at

UPLAND COURT.                         149

NovT 25" 1679

ye River syde, Contayning Twoo hundered acres of Land, according to the surveig made thereof by the surveigor waiter wharton ye 10' of october 1678:

Jonas Nielsen makeing apeare to ye Court that there was due unto him for Expensis, about the burriells of Peter 1Teitscheerder & Christiaen Samuels whoe were by the Indians murthered att Tinnagcong. Island 1 in ye servis of Mr

Peter alrichs in ye Jeare 1672 the suine of 106 gliders, and se Jonas desiering sattisfaaction; The Court are of opinion that Either :mr airichs whoese servants they were, must pay ye same, or Else ye 5d Jonas must bee paid out of the Estates of the deceased if any bee or can bee foound;

Upon the Peticon of will: orian The Co granted him Liberty to take up wtin ye Jurisdiction of this Court one hundered acres of Land Provyded that hee ye ? orian makes prsent Improovement on ye s' Land & seates ye same ac­

Honor                                               Sd

cordinng to his . ye govern6rs Regulacons, The Land to bee not befoore by any others taken up or Improoved.

Upon the Request of michill Izard Late undersherrifee; The Cort doe grant him Execution according to Lawe against all prSonS (his debtors feor feees) whoe shall deny him his Just feees Earned in ye tyme of his being undersherrifee of this County.

Albert Hendrix of Lamoco apearing in Court,declared to Transport and make ouer unto John Test of Upland all

1 "T1nngcong Island." See note ante page 141.


1.50                             RECORD OF

Nov, 251h 1679

his Right Tytle and Intrest to a Certayne small parceli of Land, Lying and being att ye head of 'LTplanid Creeke beginning att Robberd Waedes markt beetch tree stainding att ye syde of the Creeke, aind soe up along the Creek syde to a small gut or Run, and soe up along the s' run to a markt whyte oake tree and soe strickinng dounwards againe wt? a Lyne of markt Trees to the place of beginning, itt being a narrow slipe alongst the run or Creeke syde and Contaynes about foourthy acres of Land; This Land being part of a greater quantity Granted unto him ye d Albert or

by Pattent from ye Govern and Called Lamoco; and bee ye 5d albert declared to haue Received full sattisfaaction foor the same;

Cort

John Test of Upland, declared in to Transport aind make ouer unto Richard Boveington and John Grub all and singular the slipe of Land here abovementioned, made ouer unto him the s John Test by albert HIendrix of Lamoco; and declares to haue Received full sattisfaaction of

them ye sd Richard and John foor ye same;

John Test of upland apearing in Court declared to haue bargained, sould Transported and made ouer all his Right Tytle and Intrest to a Certayne tract of Land Called the hopewell of Kent Unto Richard Boveington and John Grubb both of upland, the Land Lying and being on the west syde of this River of delowar and on the southwest syde of upland Creeke beginning at a Corner markt blake oake of ye Laind of albert hendrixen Called Lamoco, sttnding att ye syde of the 5d Creeke by ye mouth of a smal

UPLAND COURT.                         151

Noyr 2511 1679

Runi, frrom thence Running South Soutl‑nwest up the s' Run 136 perches to the head thereof, and frrom ye head of the 5d Run S: west 155 perches, by a Lyne of markt trees to a Corner markt blake oake of ye Land of marretties Kill, from thence west southwest by a Lyne of marked trees 80 perches to a Corner marked whyte oake frrom thence North Northwest 266 perches to a Corner marked blake oake, from thence East North East by a Lyne of marked trees 296 perches to a Corner marked poplar, standinig att ye syde of a small Run, frrom thence East South East doune ye sU Run 22 perches to the mayne Creeke, and from thence doune alonge the s Creek, to the first mentioned black oak, Contayning Fower hundered acres of Land, aceordin.to ye surveigh, made thereof by the Late Surveigor waiter wharton the 27' of September 1678; hee ye d John Test onnely Excepting and Reserving out of this abovesd 400 acres of Land the uppermost part thereof Contayninig one hundered acres; w hee y s John Test hath sould unto William Woodmancy, so that Richard and John haue noe more then 300 acres of Lanid: and they tl‑ne said Richard Boveington and John Grub did agree wt? ye s' Test to pay foor the Pattenting of ye s Land themselves

John Test of Upland in Court declared to Transport and make ouer unto William Woodmancy of Upland one hundered acres of Land out of the tract of 400 acres abovementioned being the uppermost part thereof; and was divyded frrom ye other 300 acres w a Lyne of marked trees by ye SUrVeigor

Walter Wharton.


152                              RECORD OF

Novr 25t 1679,

Albert ilendrix of Lamoco, apearing in Court did aknowledge a deed feor ye makeing ouer unto oele Eriksen of all ye upland Lying and being below upi" Creeke betweene twoo Little Creekes Called harwikes Kill & middle' Kill but the marrishes were Excepted & Reserved. This Land

rnor was first granted by Pattent from Gove Louelace y 10th of april 1673: unto Juris Justassen in a greater quantity and sence one third part thereof made ouer to him ye 5d albert as by ye deed, bearing date Equall wt1' these prsents may now att Large appeare;

Itt being Represented to ye Court by the Church Wardens of Tinnagcong and wicaco Churches2 that the feences

1 Now Stony Bun.

I So late as 1675, the only church north of that at Crane‑hook was the Swedish Church on Tinicum, a wooden structure which stood near the house of Gov. Printz' and was built by him, and consecrated by Campanius iii 1646 (Camp. 85). The announcement of its erection may be foound in a Report made by Printz to the West India Company' Feb. 20th, 1647 (Swedish MSS. Archives list. Soc. Penna.)'in which he says: "I have caused a church to be built in New Gottemburgh, according to our Swedish faashion, adorning and decorating it so faar as our limited resources and means would allow." Its site and that of its grave‑yard, have long since been washed away by the action of the river. That portion of the island which included the land on which the foort' the mansion of Printz and the church stood, was in possession of the family of the late Mr. Thomas Smith of Tinicum foor many generations' and became their property probably shortly after it was owned by Jeuffro Armegart Printz, the daughter of Governor Printz, and the wifoe of Gov. John Pappegoya. In connection with the history of the ancient church, we are infoormed by Mr. Aubrey H. Smith of the foollowing incident as related to him by his faather, who was the subject of it' and which happened more than eighty years ago: that the latter, "when a child, was wandering with his elder sister, after wards the wife of Daniel King' of Philadelphia, along the base of the steep bank where the grave‑yard had been, Sand seeing a board projecting

UPLAND COURT.                        15 'or

Nov 25t 1679.

about ye Church Yards, and other Church buildings are mutch out of Repair, and that some of the People members of ye s Churches are neglective. to make the same up etc: The Co haueing taken ye premisses into Consideracon, doe find itt necessary to order authorize & Tm­

power and doe by these prSentS, order, authorize & Impower the Respective Church wardens of ye s Twoo Churches of Tinnagcong & wicaco, to order & summons the Respective members of ye sd Churches from tyme to tyme anid att all tymes when itt shall bee feounnd necessary, to build make good and keepe in Repair the s" Churchyard feeuces as also, the Church anid all other the appurtenances thereof and if any of the s members upon warning doe proove neglective In the doing of their Proportion to the same, They and

Each of them to foorfoeit fifty gilders foor Each such neglect to bee Levyed out of their goods and Chattles Lands and Tennements;

The Court adjorned till the 2 Tuesday in the month of march now next Ensuing;

from the bank, the sister pulled it from its sandy bed' when much to the consternation of both, a human skull came rolling down to their foeet."

In the year 1675, the Court at New Castle directed the magistrates at Upland "to cause a church to be built at Wickegkoo" (Hazard's Ann., 417). A block house with loop holes foor defence against the Indians had been erected in 1669 at Wicaco, and the present church was built upon its site and finished in 1700, when the church at Tinnicum was probably abandoned, some of the materials in that building having been used foor the church at Wicaco. The order of the Court it may have been thought

was sufficiently complied with, by adapting the block house to the purposes of a church, and even this was not accomplished until the year 1677 (Clay's Annals of the Swedes, 64, 81, 82. Hazard's Ann., 438. Watson's Annals, i. 147).


154 RECORD OF

March 10k? 16

Att a Co held att Upland in Delowar River

by his mayt'. authority march .es . 1011671 ye

MR PETER COCK

M'R PETER RAMBO

Pr,,,t MRR ISRAEL HELM

Justices MRR OTTO ERNEST Cocu

Mr- LASSE ANDRIES

MRR OELE SWENSEN

THOMAS KERB-Y

GILBRT WHEELER Deft

The Pl.' demands of this def for worke done for this

deft. from ye 7th of October Laest past untill the 16", f

Jannuary following, soc mutch as is usuall to be givemm pr

day, w' is foower gilders pr diem wt? costs; The deft. re-

plyes that this pl workt noe Longer foor him then to about

Cristmas, & sayes that bee had profferred him pay for

what ye Vt had done; The debates of both partees being

Cort heard, The doe find that this P't has workt seventy

dayes for ye deft w being prformed in ye dead tyme of ye

yeare, The Deft is allotted anid ordered to pay the same

after The Rate of fifty styvers pr day, soc that this deft

must pay unto this P't ye sume of fower pounds seven shil-

lings & sixpence togeather Wth t)osts of Suite;

ROBBERD ]JRAWTON P"

GILBERT WHEELER Deft

The P1 demands of this Deft: for worke done 63 dayes

after ye rate of fower gilders p-diem;

UPLAND COURT. 155

March 101h 16

The debates of both partees being heard; & The Court

Examining the buisnnesse doe allott ye P't after the rate of

50 styvers pr diem & for 54 dayes worke, The sume of

three pounds seven shillings & sixpence wt' Costs of suite,

wolh bee is to pay to ye P't in Corne or other good pay in ye

River;

WHEREAS Andries Boen made itt apeare that Edward

Williams was Justly Indebted unto him by his bill under

hanid & scale the sunne of therteenn hundered pounds of

tobbacco & Caske payable in maryland and that lice ye s"

anndries Boein had made severall demands of ye sd Tobbacco

in maryl but could never Receive anny sattisfaaction aind

that therefore hee ye 5d anndries Boen haueing foounid a horse

bridle & sadie of the s Edward Williams wt'in this counity

of upland, hath Layci an attaehmt upon ye same & humbly

craues an order a-,s' ye s' Edward williams foor the s 1300

lb of tobb. and that the said attached premisses may bee

appraized.

The Cor' doe order Judgem to bee Enterred ag't ye s

Edward williams for ye payment of ye d 1300 lb of tobb.

Wth Costs, annd doe order that the sd attached horse & pre-

misses bee appraized, appointing foor appraizers Laurenns gn

Cock & John Champin, whoe are to bee sworne by one of

ye Justices accordingly;

FRANCIS STEEVENS P"

Cis JANSEN Def'

The P' demands of this deft by ballance of aect. for

sundry goodes sould & Received by the deft: ye sume of


156                              RECORD OF

March 10" 16

foourthy and sixe Gilders, foor W0!1 bee humbly Cranes Judgemt w' Costs;

The deft ounes the acct. Excepting twoo Els of Ribbning; and sayes that bee proffeered & paid ye P't in pompkiens according to agreem

Thomas Stroud sworne declares that bee being sent by frrank Steevens to foetch ye pompkiens did demand them but Clas Jansen did reftuse to bring them down to ye water syde; frrank Steevens was sworne to his acct.

The debates of both partees being heard, the Co' ordered y ye deft Claes Jans. pay unto ye pl' Twenity gilders in wheat & Twenty Six irn pompkiens after ye rate of sixteen gilders pr hundered, Togeather wt? Costs of suite.

HARMEN ENNIS P"

ANDRIES HlomMAN Deft.

pr of

The P't demands of this def' foor ye hire of one oxen, foor one yeare fourthy fyve gliders wt' Costs;

The deft answers that bee had not y8 oxen one ftull yeae.

The debates of both partees being heard, The Court ordered the deft to pay unto ye pl:t twenty three gilders wt

Costs;

Upon the Peticon of Will: Woodmancy The Cod doe Grant and permit him to take up on ye west syde of this River of delowar, win this Courts Limits one humidered acres of Land WIh a small Proportion of marrish according to ye place ye Land Lyeth In, w heretofore hath imot ben

tieonr Granted taken up or Improoved; PrOVYded the Pe

UPLAND COURT.                         157

March loll 16

96

makes pt'sent Settlement & Improovet thereon according to Lawe Regulacon and orders;

Richard Noble appeared in Court and delivered a Commission foor Suri~r of this County WC? being Read in Co

was ordered to bee Recorded, vizt:

Copia                           S' EDMUND ANDROSS, Knt. Seigneur of Saus­

I                marez Leiu' and GouerAr Gen':' under his SEALE Royall Hlighness James Duke of Yorke &      albany, &c. of all his Territoryes in America

By vertue of his maytio.s Letters Pattent and the Commission &Authority deriued unto me I doe herby Constitute & apoint you Mr Richard Noble to be Surveigor of upland in Delowar Riuer and Dependenices within the Jurisdiction of that Court In which Employment you are to Act in Surveiging of such Lands foor which you shall from time To time Receue Warrants or orders aind to make due and Exact Returnes thereof and in all things to behaue your selfoe according to the trust Repossed in you as surveigor According to Lawe Giuen under my hand and seale in New York this

s

15 day of Desember in the 31 yeare of his Mat.e Reigne Anoq. Dom 1679;

       Past the office                 (was signed) E. ANDROSS (signed) MATHIAs NIcoLs See

Upon the Peticon of william warner senior; The Court doe grant and permitt him to take up on the west syde of this River wthin the Limits of this Court, Twoo hundered acres of Land, w"? heretofore hath not ben granted taken


158                              RECORD OF

March 10' 16

up or Improoved: Provyded the s" Peticont makes prsent Settlemenit & Improovement thereof according to Lawe Regtilacons and orclers;

JOHN TEST               pit JAMES CRAWFORD Deft

The deft: inot appearing and ye P't desiering that ye

action might bee Continued, Itt was by the Cor :t Granted;

JOHN CLAAs PAARDE COOPER P't                      an attachmt. upon JOHN SHACKERLY                         Deft S twoo Cowes.

This action was by the Court Refoerred til nnext Court day, and in ye meane tyme the P't is Recommended, to settle annd make an End of his buisnesse wt? Johannes Kip, whoe as ye Co' is Inifoormed is comming and is to act as attorney of ye administrator of John Shackerlys Estate;

Upon the Peticon of John Test the Co doe grant & permit him to take up on ye westsyde of this River of delowar w'in y Jurisdiction of this Court; one hundered acres of Land w' heretofeore hath not ben Granted taken up or Improoved; Provyded the sd Peticonir makes present Settlement & Improovem thereon according to Lawe Regtilaconi3 and orders;

P.t

HANS PETERSEN of Carkes hoek . l. in an actioni of HENRY COLMAN Deft I debt 43 gildr

The deft being absemit and the matter in dispute beinig soc Inconsiderable that itt is not worth ye Longer Continuance The Co therefore Impowered Justice otto Ernest Cock, to hear & Examinic the acct: & Ca4se anid to make a

UPLAND COURT.    159

March 10t? 1679

if 6

final End & determinacon thereof; as hee shal fin(I Just & Equitable;

ANDRIES HOMMAN P't LASSE DALBO Deft

The Case of differrence being about ye Cost & Charges & foees of a foormer action Commenced by this pl.t & ye rest of ye Inhabitants of Carkes hooke agst this Deft in this Cor.t consern: marsh etc:

        Cort The Examinning the buisnesse doe find that ye s

fees were nnot to bee paid by this Deft and therefoore itt is ordered, that, all ye Carkes hoek Inhabitants In Generall pay ye Olercq and Sherrifs foees Each his proportionable sheare, as well of ye foormer action as of this p'sent action, and ye Deft is discharged of this suite;

JOHN TEST               pit

JOHN ASHTON & )

ELIZABETH KINSEY Deft

John Test appearing in Court did declare to haue agreed & therefoore withdrew the action;

ROBBART WADE P't                      in an act: of ye Case withJOHN GRUB           Deft ~ drawne by ye P't himselfoe

R,OBBERD WADE P't          in an action of debt this action JOHN GRUBB          Def' was Lykewys withd: by ye pl:t J as above. HANNA SALTER P't      This actioni was by ye P"

JOHN ASHTON Deft ~ withd: in Court

Upoin the Peticon of Peter Nealson; The Court doe grant 4 permit him to take up on the west syde of this


160                              RECORD OF

March 10' 16

River of Delowar, TVin this Courts Jurisdiction one hundered acres of Land foor the accomodation of a watermill, Provyded itt bee not granted or taken up befeore and that ye peticon' seates & Improoves ye same according to Lawe &gulacons & orders;

                                    Upon t]ie Peticon; of Peter Nealson: The Court doe grant & permit him ye Petieonr to take up Wt. h ini ye Jurisdiction of this Co on the westsyde of this River Twoo hundered acres of Land w heretofeore hath not ben Granted

r taken up or Improoved, Provyded the Peticonn. makes Improovemt & settlement thereon according to Lawe Regulacons and orders;

Upon the Peticon of William Claytoni The CoTt doe Grant

                                     tieonr to and permitt unto ye pe          take up wt?in the Jurisdic­

tion of this Court on the west syde of this River Twoo hundered acres of Land w a small bitt or proportion of marrish according to ye place the Land Lyeth in Provyded the Peticon' Seates and Improoves the same Land according to Lawe Regulacons & orders, and that the Land bee not before granted taken up or Improoved by others

M Israell helm did this day declare to haue sould and

made ouer unto James Sanderlins his houses Land and plantation att upland according to a deed past ye 9' Instant etc:       ‑

Whereas the Lawe allowes to ye Cot? foor Every Judgem Givenn by the C6r! 2s 6 and the same being hetherto not Collected or paid, and the Co beimag in great want of some meanes to pay and defray their necessary Charges of meat

UPLAND COURT.                          161

March JORI 16           2 go

& drinke, etc Itt is therefoore this day Resolued and the undersherrifee William warner is hereby Impowred to Collect & Receiue from ye foOlloWing prsons foor Each action that is to say Judgem accord: to ye annexed List the sume of 2 6 and that hee bee accomptable & give a Just anid Exact account of his Receipt to ye Court att the nnext

Courtday;

 

Co foees

a Judgenit

 

1677 EDMUND CANTUEL Pl:t j agstye Deft

 

Junie 13 JOHN ASHMAN Deft for 800 lb

0 2 6

Lof Tobb:

 

t dtto Rim: DUCKETT a Jugem: ags. him

 

upon ye Indytement of the high

0 : 2 : 6

Sherrifoe i

 

dtto LASSE COCK ao,,:t John ashmans Estate

 

a Judtm upon an atteachment J

0 2 6

dt:to PETER ANDRIES a Judgem ag John

 

1 ashman Estate upon an Attach-

0 : 2 :

6

ment - J

 

a Judgemt

 

ag~t the Def

 

Justice ISRAEL HELM pl.t for hauiniotD

 

OELE COECK0E Deft abused &

0: 2 : 6

struck ye

 

plt

 

Ruth the widdow of a Judgemt upon I IJO

 

THox JEACOX an attac~hmn! ags.'

0 : 2 : 6

ashm f

 

162 RECORD OF

 

March 1Ot 16 * RD a Judgem' ags! ye

 

pit HENRY WARD Def! foor 400 lb of I I

0 2 6

THOM: DENNY Deft

 

tob:

 

FRANCIS WALKER P't 1 a Judgemt agst ye

0 : 2 : 6

JOHN ASHMAN Deft Defts horses etc I

 

1aJudgemaboufl

 

ALBERT HENDRICKS P't a boare Each to

0 2 6

ANDRIES BERTELSEN Deft pay halfee CharI

 

ges

 

ANDRIES HOMMAN P't act of assault &

 

LASSE DALBO Def t I batter

 

MORT: MORTENS Junior pit act of assault I

0 2 6

etc MONS STAECKET Deft

 

JOHN TEST pit  } act of debt }

0 : 2 : 6

NEELES LEARSEN Deft

 

WILL: TOM pit

 

act of debt

0 : 2 : 6

} JONAS NEALSON Deft I

 

THOM HARWOOD P't  I act of debt

0 2 6

t  HANS JURiAN Def

 

WILL TOM P't

 

act of debt

0 : 2 : 6

} JOHN CREEISSEN Deft }

 

ANDRIE BOEN Pn' 1 Judgemt foor as-

 

MOENS STAECKET sault and Battery

0 : 2 : 6

JOHN ADDAMS Pit 1

 

Judgemt foor a boate  JOHN GRAY Deft

0 2 6

Carried to ye other sycle

2 : 2 :6

 

Cort foees

Brought ouer from ye other iside

2: 2 : 6

UPLAND COURT.

163

Jon: : HAESP'T }

 

Judgem for a cowe 0 : 2 : 6

WILL: ORIAN Deft

 

BENK: SALING agt his wifee & hanns Peters

0 : 2 : 6

1678 JOHN SHACKERLY attorney of

 

June ye 18 ADAM MOT p't ag Jann Classe Deft:

 

Debt

0:2:6

JOHN ADDAMS pit

 

} Judgem

0 : 2 : 6

CHRISTOPHR BARNES Deft

 

JOHN MOLL pit

 

Judgem~

0 2 : 6

CHRISTopii,R BARNES Def t

 

JOHN TEST pit

 

Judgenn~ debt ~

0 2 : 6

f t NEELEs LAERSEN De

 

EDMUND CANTWELL P't

 

LAERSEN Deft I Judgem for/130

0 : 2 : 6

NEELES

 

OELE DIRKSEN P't

 

I Judgem~

0 2 : 6

EUERT ALDRETs Def t

 

JEAMS SANDERLINS P't

 

Judgem~

0 2 : 6

JOHN EDMUNDS Deft

 

March 12 1678 '7 5

 

PETER JEGOU Pit

 

LAURENTUS CAROLuS Deft}

 

WILL: ORIAN P't

 

r of Col JoH: D: HAEs Deft I ord:

0 : 2 : (3

JOHN TEST pit

 

HANS PETERSEN Defti Judgemt 0 : 2: 6

EDMUND DRAUFTON Pt

 

DUNCKE WILLIAMES Deft I Judgem

0 : 2 : 6

JOHN SHACKERLY P't

 

JAN CIASEN Deft I Judgem

0 : 2 : 6


164 RECORD OF

 

March 12 1618 1-0

 

PETER BACOM P't Judgemt

0:2:6

CAPT" BILLOP Deft j

 

Carried to ye other syde

X4:0:0

Brought ouer from ye other syde

4 : 0 : 0

PETER JEGOU pit

 

Tno: WRIGHT & Sentence

0 : 2 : 6

GODFRY IIANCOK Defts j

 

JAMES SANDERLINS P't Judgenn' I

0 2 6

JOHN PEARS Deft

 

WILL: DARUALL P't Judgem!

0 2 6

JONAS NEALSON Deft

 

16

 

march 10 THOM: KERLY pit Judgenn~

0 2 6

GILLBERTWHEELER Def I

 

ROBBARD DRAWTON P't  } Judgemt

0 : 2 : 6

GILLBERT WHEELER Deft

 

ANDRIES BOEN pit } Judgem

0 : 2 : 6

EDWARD LLIANS Deft

 

FRANCIS STEEUENS P't  } Judgemt

0 : 2 : 6

CLES JANSEN Deft

 

HARMEN ENNIS P" Judgemt 1

0 2 6

ANDRIES HOMMAN Deft

 

The whole acet. of ye Cor.t foees or amerciaments amouints

to 5: or 200 gilds: til this date as pr this records will more

att. Large appeare.'

 

The Co adjorned til ye 2 Teusday

in June

inext.