Record of Upland Court 1678

96 RECORD OF

- To neeles Laersen hee is to pay /	6 39
To Lasse Cock hee is to pay "	362
To several1 prSonS foor woolves heads "	540
To ye Clerk Eph: Hlerman "	200
Carried over to ye next padge /	III : =
Brought ouer /	1741: =
The Sherrifee to pay viz
To Justice Israeli helm	400: =
To Justice otto Ernest Cock	300:-
To Edm: Cantwell by him heretofeore paid
by neeles Laersen on ye Cor' acct.	200: =
The Sherrife allowed foor Collecting & Re-
ceiving ye publicq Levy etc	884 : =
The Sherrifee to pay in all /	3525: =
Capt. Edm: Cantwell h: Sherrifee
his acct wt ye publicq this Jear 1678.
Debtor Creditor
To 136 Ty- By sundry
dables by him prsons hee is
Received ac- to pay ac-
cording to ye cording to ye
List at 26 gild above - stand-
per head / 3536: ing order to
To fynes by ye sume of /	3525:
him to Receive 175: By 7 tyda.
/ 3711: bles by him
pot Received
beingnotdue	182:
/

UPLAND COURT. 97

The abovestanding acct: was soe made up betweene The Justices & high Sherrifee att their n‑neeting aboves

Four pages, 71, 72, 73 and 74' of the original Record, are here wanting.

ADAM MOTT by John Shackerly i Pit

his attorney 5

J CLAASSEN PAERDE COOPER Deft.

The P't dennamids of this defoendt by bill bearing date ye 14 of May 16 76 ye full & Just sume of therteen huindered lb of tobbacco & Caske;

The deft ownes the bill, but says that hee has paid one hh of tobbacco towards itt unto Lasse Cock ye former attoriney of adam mott;

The debates of both partees being heard ye Court ordered Judgement to bee Entered a':1 the deft foor 1300 lb tobb: according to bill wt' the Costs;

JOHN SHACKERLY P In an action of debt by JAN CLAASSEN Deft f acct. the sume of / 325: 15

The deft ownes the acc but sayes that hee hath paid severall sumes towards ye same; This action w' ye Consent of both partees was Conit‑inued till niext Court day.

JOHN ADDAMS in the behalfe

of his mastr William Dervall ~ Pl't XTOPHER BARNES Def

The P't desires that this worpp':' Court would bee pleased

to gralit him Judgem against the deft Plantation & Crop of Corne & Tobbacco foor a debt due to this P to ye same of 1494. gild 6 styvers, according to a deed & mortgoage 7

98 RECORD OF

bearing date ye 29 of June 1677, and that appraizars might bee appointed accordingly to appraize the same;

The deft akuowledges ye mortgage

The C6rt ordered Judgemt to bee Entered according to deed & mortgage annd doe appoint foor appraizers James St‑inderlinn, albert henidriks & oele franssen, to appraize the plantation Crop of Wheat & Tobbacco;

The deft. in Court Ingaged to make a good Tytle of ye Land & plantation to ye P if not fully paid otherwayes;

JOHN MOLL attorney for ~ pit Tho: he ynson of maryl) XTOPHER BARNES Deft

The plt demands of ye deft by his bil bearing date ye 7' of Septembr. 1675 twoo good fatt oxen fittidg to kill as by the bill more att Large doth appeare

The deft Xtopher Barnnes Confessing the bill, The Court ordered Judgemt to bee Entered ag',t ye deft: according to ? bill th ye Costs;

EPHRAIM HERMAN pit

LAURENTIUS CAROLUS Deft

The P't demands of ye deft foor Clercqs foees Earned att New Castle Court ye sume of one hundered foourtby twoo gilders,

The deft. promisses to pay the P betweerie this & october next Enisuing wherewith the P't is Contented;

JOHN TEST By Edm: Cantwell

his attorney Plaintife J

NEELES LRsEN Defend

The P't demands of ye deft one pound & 11 shillings

UPLAND COURT. 99

being ye Costs of Court of an action commenced against r the def'ye 13 of novemb. Laest past.

The debates of both partees being heard ye Court ordered Judgem to bee Entered ag':t ye deft foor ye s" one pound 11

shillings w Costs.

Upon the Peticon of John Shackerly desiering foor severail Reasons in the Peticon Exprest that the Land of

Thomas Jeacocx or heinry Salter whoe unlegally possesses

petieonr Thomas Jeacoex Intrest may be ordered to pay ye his Just debt to ye sume of 186 gilders wt" ye Costs and damadges;

The Cor' answer that sence Henry Salter had notice before Tho: Jeacocx went away & that the s Jeacox did

niot put up his name or had a passe, and that the Land

and plantation of ye sd Jeacox is not Legal1 made ouer unto henry Salter, That therefore the Land of Tho: Jeacox

or henry Salter if he will Injoy itt, must pay ye peticon: his Just debts;

1 The Law or Order on this subject "made and confirmed" in 1672, was as foollows. "Whereas frequent Complaints have been made of Servants who runn away from their Masters in other Governments, foor want

of due Care and Examinacon of them by the Magistrates or Officers of the Townes through which they pass, It is ordered, that if hereafter any Stranger or person unknown shall come to, or travill through any Towne or

place within this Government without a Pass port or Certificate from whence hee came and whither he is bound, shall bee lyable to be Seized upon by any Officer of the Towne or Place unto which bee comes, or through which he shall travill there to be Secured untjll hee can Cleare himselfe to bee a

free Man' and shall defray the Charges of his Detention there, by his worke or Labour (if not otherwise able to give Satisfaaction) in the best way and Manner he shall bee found capable, (" Duke's Laws," Collect. N. Y. Hiatoc., 1., 421).

100 RECORD OF.

Peter Dalbo desiering Liberty to take twenty fyve acres of marrish, the Co1 granted ye Peticonr Liberty to take up on the west syde of this River 25 acres of marrish w~l,' heretofore is not granted or Claymed by any other ptsons;

Justice oele Swensen desiering Liberty of ye C6t to take up 25 acres of marrish, The Cott granted to him to take up oin ye west syde of this River wtin this Jurisdiction 25 acres of marrish Wc heretofeore is inot granted or taken up by others;

Upon the Peticon of Lasse Andries, Oele Stille, Anndreas Benckson, and Joan Mattson, Iinhabitannts of Moymennsinick, desiering a grant Each to take up twenty five acres of marrish or meddow betweene the hollanders' Kill & Rosemonds kill on the west syde of this River of delowar,

1 Hollander's Kill took its name from the Dutch, who in 1646' purchased of the IDdians' the land in its immediate vicinity. Lindstrom (MS. Map), calls it "Ilollendare Kylen, La Riviere des Hollandois."

In a survey made by Richard Noble' June 30, 1680, foor the same parties who are named in the text, of " two tracts, containing together 64 acres of Marsh Land, called Moymensic Marsh, lying on the west side of Delaware river‑one between Hollander's Creek and the Hay Creek‑and the other between the Hay Creek and Roseman's Creek." Hay Creek is represented at the distance of 93 perches south of Hollander's Creek' and Roseman's as 158 perches south of Hay Creek (Records Sec. States Office,

Albany). On a MS. Map in the Department of Surveys (Phil.), entitled a "Plan of the District of Southwark and Townships of Moyamensing and Passyurik' surveyed under authority of Commissioners appointed under an act of Commonwealth of Penna., of 29th Sept., 1787"' Hay Creek is laid down as 3020 feet north of the tavern at Gloucester Point' and Little Hollctnder's Creek as 1900 feet to the north of Hay Creek. Roseman's Creek is not represented. This map is 5 foeet 3 in., by 6 feet 2 in.' and is beautifully executed on a scale of 400 foeet to the inch, and apparently with much accuracy. Ellet's Map of Philadelphia County' 1839'alth,,gh perhaps as accurate, vanes from the Plan of 1787, and Hill's Map varies

UPLAND COURT. 101

The Cbr' haueing Examinned into ye Peticonr : s Request doe grant ye same.

EDMOND CANTWELL P't In an action of defaama, NEELEs LAERSEN Deft f tion to ye plts damadge 1 0OC

before this action was tryed Neeles Laersen asked feor givenesse in Court of Capt Cantwell of what hath past wherewith Capt Cantwell was sattisfyed;

Capt Edmond Cantwell this day in the prsence of ye Court made up his acct of the publicq w neeles Laersen and the s5 neeles Laersen Remained debtor to Capt' Cantwell nineteen Gilders & Six Styvers.

Albert llendriksen & Jan Jansen being heretofoore appointed appraizers to appraize ye Cowe of Will: Orian upon ye Execution of Johannes De haes, this day made Returne that tlney vallued ye s' Cowe aft one hundered & seventy gilders;

EDMOND CANTWELL P" NEELES LAERSEN Deft

The P't Complaynes against the deft foor that hee ye def Contrary to Lawe & practize wthbout any order from this P't did goe into the Jurisdiction of New Castle Cor.t and there did demand and Receive of severall people for Levy

from both, showing the great changes in the topography of the region, and

in the course atid size of the streams, made by the erection of dams and the banking of meadows, in the lapse of half a century. There are, perhaps' sufficient data to justify the belief that "Little Hollander's Creek" as laid down in the MS. "Plan," is the same stream as that called Hollander's Creek in Noble's Survey, and that Roseman's or Rosemond's Kill,

although no inconsiderable stream in 1680, no longer existed in 1787.

102 RECORD OF

or head monny in all 130 gilders, The pl therefoore in his quality of high Sherrifee desires to order ye deft to Repay ye d 130 gilders Wt ye Costs & that feor his Contempt hee may bee fyned to ye discretion of ye Court

The defeenndt neeles Laersen ownes ye Receipt, but sayes that itt was throug mistake; The Cor :t haueing heard ye debates of both partees did order ye Deft to Repay ye s 130 gilds Wth ye Costs;

Benjamin Goodman servant to oele Swensen desiering to bee freed from his mastr. alledging that his tyme is out Ordered that Oele Swennsen bring att the next Court ye Indenture or his witnesses that can Testify about ye buisniesse ; R

Jan Cornelissen of Amesland Complayning to ye Court that his son Erik is bereft of his naturall Sences & is turined quyt madd and y hee being a poore man is not able to maintaine him;

ordered: that three or 4 'ons bee hired to build a Little Blockhouse at amesland feor to put in the 5d madman, and att the next Court, order will bee taken y a small Levy bee Laid feor to pay feor the building of ye house and the

1 The Law on the subject of "Bond slavery"' was in the following words. "No Christian shall be kept in Bondsiavery villenage or Captivity' Except Such who shall be Judged thereunto by Autliority' or such as willingly have sould, or shall sell themselves, In which Case a Record of such Servitude shall be entered in the Court of Sessions held foor that Jurisdiction where such Matters (Masters) shall Inhabit' provided that nothing in the Law Contained shall be to the prejudice of Master or Dame who have or shall by any Indenture or Covenant take Apprentices for Terme of years or other Servants foor Term of yeares or Life" (Duke's Lawes' Col. N. Y. list. Soc., i., 322).

UPLAND COURT. 103

maintayning of yC 8' mad man according to Lawes of ye

government: 1

Carell Junisen of marreties hoeck in delowar River this day apeared in Court and there did aknowledge a deed and absolute Conveigance for a Certayne parcell & sheare of ye Intrest of ye Land feormerly belonging unto hans hofman, unto morgan druit Late of London marriner, the s Land being scituate & Lying att marreties hoeck afeores' ' Contayning oine hundered and fifty Jards In breath and In Length Equall wt ye other Lands, The afeores': parcell so made ouer Lyeth next unto ye Land of Jan hendriksen, hee the s Charles Junsen did alsoe aknowledge to haue. Received full sattisfaction of ye sd morgen Druit, The afeores'. deed bears date ye 18' day of June 1678; was signed, sealed & delivered by ye sd: Charles Junsen in the prsence of Christopher Billop & Eph: Herman;

Jan Hendriksen of Delowar River husbanidman, apeared in Court, and then and there did aknowledge a Certayne deed or Transport, unto Rodger Peddrik of all his the said Jan hendriksens Right Tytle and Intrest of all the Land & appurtenances Lying & being on the westsyde of delowar River Called & knownie by the nianne of marreties hoeck, The whole tract of marreties hoeck Land being granted and Confirmed by Pattent from the Right hono' goVeMor andros bearing date the 28' of march 1676 ulnto the six possessors thereof viz Charles Jansen Ode Raessen hans

1 There was a provision in the "Duke's Lawes" as to "the Conditions of distracted Persons," which directed the mode in which the "charge" foor their support was to be levied (001. N. Y. list. Soc.' i., 408).

104 RECORD UPLAND COURT. 105

oelsen oele neelsen hans hoftnan and him the s Jan hendrick, and Contayniin, In the whole one thousand acres of Land; WC S deed was signed, sealed and delivered by the s Jan hendriks in the prsence of Johannes De haes and Carell Junsen and beares date ye 18tl:h day of June a 1678

Thomas Nossitur desiering of the Court a grant to take

up Twoo hundered acres of Land, The Court granted ye

same hee seating and Improoveing (1 Land according to or ors

his honi . ye govern Regulacons,

William Warner desiering of the Court a grant to take up one hundered acres of Land, The Court granted ye same hee seating & Improoveing ye same according to the Regu

onor rnor

lacons of his h the gove

JAMES SANDERLING P it I withdrawne by the P't FRANCIS STEEVENs Deft J

FRANCIS STEEVENS P't ft I with' by ye pl' JAMES SANDERLING De

ANTHONY WOODHOUSE P't agreed HENRY BOAMAN Deft

Andries Homman was this day appointed and sworne Constable in the Roome of Will: oriann the Laete Constable, The Court this day Resolved to Impose a Levy or small

pr pr

Tacx of fyve gilders : head on every Tydable son for the defraying of the Courts sitting Charges, as heretofeore the s Levy to bee paid by Every prson upon Trimeconek Island betweene this & the 6 1h of october next Ensuing;

The Co adjorned till the 2' Teusdai of Septemb! next;

Att a Court held att Upland in Delowar River By his May"s authority November ye 12th 1678.

M'R PETER COCK MR PETER RAMBO

pr,,,t MRR OTTO ERNEST COCH Justices

MR LASSE ANDRIES MR OELE SWENSEN

The feollowing order from his honor the governor conserning Lands and the quit Rents thereof was this day

proclaymed in open Court etc;

Copie By THE GOVERNOR

WHEREAS I: did in the Jeare 1675 among other Regulacons then made feor Incouradgment, Remitt the quit Rents for the first three Jears of all new Lands to bee taken up & seated in delowar preincts w haueing prooved iniconvenient by nnany takeing up Land and not seating at all, I: doe therefeore Repeal! and Recall ye same, Except feor such as haue seated and Improoved upon said order to bee accordingly Indemniifyed,‑But all such as haue taken up Land and not seated and Improoved and made due Returnes thereof as by Law and orders sent and publisht. Laest Jeare to bee Recorded, To foorfeeit the same, and the Land not seated and Improoved to be disposed of as vacant Lands, and all such as haue Improoved and seated, but not made such Returnes, are hereby againe Required for Rectifying of feormer and preventing of future disorders, wthifl ye space of six months next Ensuing the date hereof to niiake a due Returne as above of such their Land quantity

106 RECORD OF UPLAND COURT. 107

& scituation according to the Pattents Surveigs or Cards thereof to the Clarke of the Court in whoese Jurisdiction the said Land Lyeth, to bee there Recorded, and by the Courts Certifyed to the secretarys office here, annd such as haue not taken Care to pay their quit Rents due for the same, that they Come win the space of six months as above and accornpt & pay the arrear to the niow Receiver from my first comming into the Country, in 1674, and feor the fuuture all such as haue or shall take up Land are to pay their quit Rents frrom their takeing up such Land & yearly att the townes of upland New Castle and whoorekills foor the seuerall precincts att their perrills, and such as shall take up Land and not Improove to foorfoeit according to Lawe, this order to bee foorthwith publisht and set up att ye Courthouses of upland New Castle and whoorekills In Delowar Given under my hannd in New Yorke this 25t of october 1678.

(Signed) E. ANDROSS.

Upon the Peticon of Dunk williams desiering of this Court a grant to take up 100 acres of Land on the Lower syde of Nieshambenies Creeke, 50 acres thereof at the River syde & the other 50 acres up in the woods,

The Co doe grant the Petieonr Liberty to take up 100 acres of Lamid w heretofeore is not granted taken up or linprooved by others, hee seatinig & Improoveimig the same according to his honor the governo? Regulacomis & orders;

Uponi the Peticon of Edmuind draufuton, The Cort

granted

r the Peticon. for himselfee & son Liberty to take up 100 acres

of Land hee seating & Improoveing the same according to

onor ye ors

his h govern orders & Regulacons;

WILLIAM ORIAN Pl.t JOII: D'HAES Def t

The names of the Jury hans moens dunk williams Xtopher Barnes Edm: draufton Peter Jockum Isacq Sauoy Jan hendriks Jonas kien moens Cock John Browne Jan Boelsen henry hastings

The Pl:t demands of this deft by acct: the surne of 167 gilders foor w hee Craues Judgemt wt' Costs; The deft. produces his acct: w' was by him produced in his action ye Laest march Court agl:t this P',t whereby hee prooves that foor part of the acct: Wch nnow this P't doth briing in is aireddy then given Credit foor and denys the Re

Record of Upland Court 1678

mainder of the P" acct: The P't Craueinig a Jury, the Jury was Impanneled who brought in their verdict that they allowed ye P":s acct: to ye sume of 159 gilders;

The Court thought fitt to

suspend the verdict of ye Jury annd the determinacon of this Case till next Court day, att wc : h tyme both Pl:t annd deft: are to brinng their bookes In Court.

104 RECORD OF

oelsen oele neelsen hans hofinan and him the 5d• Jan hendrick, and Contayniigg In the whole onie thousand acres of 0 ddeed was signed, sealed and delivered by the

Lanid; W~ S.

s Jan hemldriks in the prsenee of Johannes De haes and Carell Junsen and beares date ye 18th day of June a 1678 Thomas Nossitur desiering of the Court a grant to take

up Twoo hundered acres of Land, The Court granted ye same hee seating and Improoveing sd Land according to

onor ye Ilors

his h gover . Regulacons,

William Warner desiering of the Court a grant to take

up one hundered acres of Land, The Court granted ye same hee seating & Improoveiilg ye same according to the Reguor

laconis of his honor the govern JAMES SANDERLINC‑ 1

withdrawnie by the P't FRANCIS STEEVENS Deft FRANCIS STEEVENS P't ft with' by y(' pl' JAMES SANDERLING De

ANTHONY WOODHOUSE agreed

HENRY BOAMAN Deft I

Andries Homman was this day appointed and sworne

Constable in the Roome of Will: orian the Laete Constable,

The Court this day Resolved to Impose a Levy or small

pr prson

Tacx of fyve gilders : head on every Tydable foor the defraying of the Courts sitting Charges, as heretofeore the sdj Levy to bee paid by Every prson upon Trimeconck Island betweene this & the 6th of october niext Ensuinig;

The Col adjorned till the 2' Teusday of Septhmb' next;

UPLAND COURT. 105

Att a Court held att Upland in Delowar River By his May"s authority November ye 12t'

1678.

MR PETER COCK MR PETER RAMBO prsent MR OTTO ERNEST Cocn Justices MR LASSE ANDRIES MR OELE SWENSEN

onor rnor Con_

The foollowing order from his h :the gove

serning Lands and the quit Rents thereof was this day proclaynined in openi Court etc;

Copie By THE GOVERNOR

WHEREAS I: did in the Jeare 1675 among other Regulacons then made foor Incouradgmernt, Renrnitt the quit Rents foor the first three Jears of all new Lands to bee taken up & seated in delowar preincts w haueing prooved iniconnvenient by nnany takeing up Land and niot seatirng at all, I: doe therefore Repeall aind Recall ye same, Except foor such as haue seated and Improoved upon said order to bee accordinngly l~.idenrnniifyed,‑But all such as haue takeni up Lannd annd inot seated and Improoved annd made due Returnnes thereof as by Law annd orders sennt annd publisht. Laest Jeare to bee Recorded, To foorfoeit the same, and the Land niot seated annd Improoved to be disposed of as vacam:nt Lands, and all such as Iiaue Improoved annd seated, but nnot made such Returnes, are Inereby ao~ainne Required for Rectifyinng of former and preventing of future disorders, wthjfl ye space of six months next Ensuing the date hereof to make a due &turne as above of such their Lannd quantity

102 RECORD OF

or head monny in all 130 gilders, The pl fherefoore in his quality of high Sherrifoe desires to order ye deft to Repay ye 5d 130 gilders w" ye Costs & that foor his Contempt hee may bee fyned to ye discretion of ye Court‑‑

The defoeindt neeles Laersen ownes ye Receipt, but sayes that itt was throng mistake; The Cort haueing heard ye debates of both partees did order ye Def to Repay ye S" 130 gilds Wth y8 Costs;

Benjamin Goodman servant to oele Swensen desieririg to bee freed from his mastr. afledging that his tyme is out Ordered that Oele Swennsen bring att the niext Court ye Inidenture or his witnesses that can Testify about ye buisnesse;'

Jan Cornelissen of Amesland Complayning to ye Court that his son Erik is bereft of his naturall Sences & is turined quyt madd and y hee being a poore man, is nnot able to inaintaine him;

ordered: that three or 4 p'sons bee hired to build a Little Blockhouse at amesland foor to put in the s madman, and att the next Court, order will bee taken y a small Levy bee Laid foor to pay foor the buildinng of ye house and the

The Law on the subject of "Bond slavery"' was in the following words. "No Christian shall be kept in iBondslavery villenage or Captivity'

Except Such who shall be Judged thereunto by Autliority' or such as willingly have sould, or shall sell themselves, In which Case a Record of such Servitude shall be entered in the Court of Sessions held for that Jurisdiction where such Matters (Masters) shall Inhabit, provided that nothing in the Law Contained shall be to the prejudice of Master or Dame who have or shall by any Indenture or Covenant take Apprentices for Terme of years r other Servants foor Term of yeares or Lifoe " (Duke's Lawes' Col. N. Y. list. Soc., i., 322).

UPLAND °OURT. nlailltayMlil2g of ye ,d 103

Mad man according to Lawes of ye

government:

dCarell Junseni of marreties hoeck in delowar River this ay apeared in Court and there did aknow}edge a deed and absolute Conveigance for a Certayne I lnltrest of ye parcell & sheare of ye Land formerly belolngug 8 d Land UnItO Morgan druit Late of London ma unto hanis hofman tay'minig one hiiindered and 8d Con_ "Ay Jards Im, breath and In

,Yillg att nlmarreties hoeck afore

beinig scituate & I rriner, the

Length Equall w ye other Ltinds, The aforesd parcell made Oiler Lyeth 'ne‑xt unto ye Land of Jan hendriksen, hee the s Charles Tuinseim did alsoe aknovledge to haue Received full sattisfaction, of y° 8d Morgenj Druit, The afoores,:, deed bears date ye 18th day of Jumie 1678; Was sio‑mmed, sealed & delivered by ye sd: Charles Junsen irm the pr,,,,, of Christopher Bili0 & Eph: Hermami;

Jan I‑lendrikseim of Delovar River husbanidnnan, apeared in Court, and then and there did aknowledge a Certaynie deed or Transport unto Rodger Peddrjk of all his the said

Jan hendriksemis Right Tytle amid Intrest of all the Land & appurtenances Lying & being on the westsyde of delowar River Called & kniOWne by the niaine of marreties hoeck,

The whole tract of nnarreties hoeck Land beinig granted anid Confirmed by Pattenit from the Right honoe governor andros bearing date the 28th of march 1676 unto the six possessors thereof vizt Charles Jamseni Oele Raesseni hans

1 There was a provjsj01 in the "Duke's Lawes" as to "the Conditions

of distract Which directed the mode in which the "charge" for their Support was to be levied (Cal. N. . iiist Soc., i., 408).

104 RECORD OF

oelsen oele neelsen hans hofiinan and him the s Jan hen

drick, and Contayning In the whole one thousand acres of Land; w s deed was signed, sealed and delivered by the s Jan henidriks in the prsence of Johannes De haes and 181h

Carell Junsen annd beares date ye day of June a° 1678

Thomas Nossitur desiering of the Court a grant to take

up Twoo hundered acres of Land, The Court granted ye same hee seating and Improoveing 5d Land according to

onor ye goverlor

his h s Regulacons,

William Warner desiering of the Court a graint to take

up one hundered acres of Land, The Court granted ye same hee seatin & Improoveing ye same according to the Regu

9 I'D

lacons of his hon6r the govern JAMES SANDERLING P it )

withdrawne by the Pit

FRANCIS STEEVENS Deft FRANCIS STEEVENS P't d with by ye pit JAMES SANDERLING Deft J

ANTHONY WOODHOUSE Pit

HENRY BOAMAN Def I agreed

Andries Hlomman was this day appointed and sworne

Constable in the Roome of Will: orian the Laete Constable,

The Court this day Resolved to Impose a Levy or small

pr prSon

Tacx of fyve gilders : head oin every Tydable foor the defraying of the Courts sitting Charges, as heretofoore the s Levy to bee paid by Every prson upon Trimecorick Island betweene this & the 6th of October nnext Ensuing;

Cor The :' adjorned till the 2 Teusday of Septembr nnext;

UPLAND COURT. 105

Att a Court Ineld att Upland iin Delowar River By his Maytis authority November ye 12th 1678.

MR PETER COCK MR PETER RAMBO

pr,,,t MR OTTO ERNEST C0CII Justices

MR LASSE ANDRIES M OELE SWENSEN

The following order from his honor the governor conserning Lainds and the quit Rents thereof was this day

procl,,tynned in opern Court etc;

Copie By THE GOVERNOR

WHEREAS I: did in the Jeare 1675 among other Regulacons tlnein n‑nade for Incouradgment, Rennitt the quit Rents for the first three Jears of all inew Lands to bee taken up & seated ill delowar p1cincts wl In,‑tueiing prooved inconveinieint by innainy takeing up Lai‑nd and inot seatiing at

C) 911

all, I: doe therefore Repeall and Recall ye sanne, Except foor such as haue seated and Improoved upon said order to bee accordingly Indemnif~ed,‑But all such as haue takein

9D ,

up Land and inot seated aind Improoved and made due Returnes thereof as by Law and orders sent aind pubhsht Laest Jeare to bee Recorded, To forfeit tlne same, and tlne Land not seated and Improoved to be disposed of as vacai‑nt Lainds, aind all sueln as liaue Improoved and seated, but 1‑not made such Returnes, are hereby againe Required for Rectifying of former and preveint,iing of future disorders, _NN,thin

ye space of six moinths next Einsuiii(p the date hereof to

make a due Returne as above of such their Land quantity

106 RECORD OF

& scituation according to the Pattents Surveigs or Cards thereof to the Clarke of the Court in whoese Jurisdiction the said Land Lyeth, to bee there Recorded, and by the Courts Certifyed to the secretarys office here, and such as haue not taken Care to pay their quit Rents due for the same, that they Come win the space of six months as above and accompt & pay the arrear to the now Receiver frrom my first comming into the Country, in 1674, and foor the ftuture all such as haue or shall take up Land are to pay their quit Rents from their takeing up such Land & yearly att the tovmes of upland New Castle annd whoorekills foor the seuerall precincts att their perrills, annd such as shall take up Land aind inot Improove to foorfeit accordinig to Lawe, this order to bee foorthwith publisht and set up att ye Courthouses of upland New Castle and whoorekills In Delowar Given under my hand in Iew Yorke this 25t? of october 1678.

(Signed) E. ANDROSS.

The Cdrt doe grant the Petieonr

Liberty to take up 100 acres of Lanid h heretofore is not granted taken up or Improoved by others, hee seating & Improoveinig the same according to his honor the governo'8 Regulacons & orders;

Upon the Peticon of Edmund draufton, The Co' granted

tieonr feor himselfee & son Libert to take up 100 acres

t.he Pe y

UPLAND COURT. 107

of Land hee seating & Improoveing the same according to his honlor ye rnOrs

gove orders & Regulacons;

WILLIAM ORIAN P't JOII: D'HAES Def t The niames of the Jury hans moens dunk williams Xtopher Barnes Edm: draufton Peter Jockum Isacq Sauoy Jan hendriks Jonas kien moens Cock John Browne Jan Boelsen henry hastings

The Pl:' demands of this deft by acct: the sume of 167 gilders feor w" hee Craues Judgemt wt' Costs; The deft. produces his acct: w" was by him produced in his action ye Laest march Court ags:t this P':t whereby hee prooves that feor part of the acct: w' nnow this P':t doth bring in is alreddy then given Credit foor and denys the Remainder of the P'ts acct: The P" Craueinng a Jury, tlne Jury was Impanneled who brought in their verdict that they al

lowed yo P acct: to ye sume of 159 gliders;

The Court thought fitt to suspend the verdict of ye Jury and the determinacon of this Case till next Court day, att wc:' tyme both P't and deft: are to bring their bookes In Court.

108 RECORD OF

JOHN SHACKERLY Pl.t both partees default JAN CLAASSEN Deft I

This action is by the Cor.t Continued till niext Court day.

OELE NEELSEN P't NEELES LAERSEN Def!

The partees befeore Judgemt past did declare to agree & withd: their action

OELE DIRKSEN P't

EVERT ALDRETS & Elizabeth his wyfee the late widdow Deft: of hans walter deceased j

The P" declares that this def predecessor harns waiter deceased stands Justly indebted him by ballance the sume of seventy & one gilder foor Land sould him Lying att Lamoco, feor wc:' hee has attached so mutch of ye monys due unto the said deceased in the hands of hans oelsen, and humbly Craues Judgemt wt Costs;

The Court being sattisfyed as to the Justnesse of the debt did order Judgemt, accordingly & doe allow of the attachmt w°' Costs;

Upon the Peticon of anthony nealson desiering of this Court a grant foor to take up 100 (one hundered) acres of Land betweene ye heads of Cromkili & oele Stillens' kill as alsoe a small parcell of marrish adjoyning thereunto; The tieonr Sd

Court doe grant the Pe . his Request hee seating &

1 Oele Stillen's Kill. The present Ridley Creek, called' on Holmes Map, Preest's Creek, probably after the owner of a large tract of land at its mouth. The land between Ridley and Crum Creeks, is designated by Lindstrom as " Stillen's Land le pays de Still.en's." Lindatrom's MS. Map.

UPLAND COURT. 109

Nov 12' 1678.

Improoveing ye same Land according to his hondr the govern6r.s Regulacons & orders.

Christopher Barnes appeared In Court and then & there did aknowledge the hereafter Recorded deed unto John moll etc;

Copia.

Know all men by these prsents y I: Christopher Barnes of delowar River, haue assigned and made ouer unto Mr John moll of ye Towne of New Castle feor the use & Proper acct: of Mr

Thom: hinson of Talbott County in Maryland, all whatsoever shall bee due unto mee ouer and above the debt w' I: doe owe unto Capt' Tho: Delauall of New Yorke, merchant, wherefeor an order of Court is obtayned against mee by John addams his Employer that is to say my plantation where I: now Live upon, all nnv Corne Tobbacco Cattle, as twoo Cowes ye one haueing had feoure and ye other orne Calfe as alsoe one oxe of three years old & one Joung Calfe, and y feor ye paym of one thousand pounds of good merchandable Tobbacco & Cascque, as alsoe the

Wch

Incidentall Charges allowed by ye Lawe, has & shall .r acruwe about twoo fatt oxen wich 1: am indebted unto Thomas hinson afeoresaid, wherefoore an order of Court. was also past ag mee, In Testimony whereof I: haue hereunto

tb r

sett my hannd & scale att upland this 12: day of novemb a 1678.

witnesses prsent

James Sanderlins (Signe) The marke of

henryhastings Christ: Barnes L. S.

110 RECORD OF

Nov, 12 1678.

RODGER PEDDEIK P't action of assault &

1 Inanaction ac

agst battery

HANS OELSEN Deft j

The Pl:' Complaynnes that this Deft wthOut Just Cause has assaulted him and w ye handle of his ax sorely beaten him the Pl,t in ye open street & desires That the Court will make some order to prvent & Inflict sume punishmt upon him the Def

There being noe Testimonys aind the deft utterly denying the fact; alsoe the P' Refusing to sweare it The Court could not proceed to any Judgemennt, but doe order & Recomend strictly, to both partees to Live quietly and foor the future nnot molest one ye other in words or deeds; upon Penalty of seuere punishm if hereafter itt appears con

trary; WALTER WHARTON pit Ini an action of

ag st debt by acet: ye I sume of 50 gilders

ANDRIES ANDRIESSN HOMAN Deft I

J in wheat

The deft: not disprooveing and the P't by his oath in Court prooveinig his acct:, The Court doe order y Judgem bee Entered ags! the deft foor 50 gilders iin wheat with Costs.

FRANCIS STEEVENS P't i The Pl:t absent a nonsuit

OELE COECKOEo Def. was ordered agt him w' Costs

JACOBUS FABRITIUS Pi.t parteess agreed as ye unn ft

HENRY SALTER De . I dersherrifee Reports.

JUSTA ANDRIES

partees agreed

NEELEs LAERSEN I)efti

UPLAND COURT. ill

Nov 12" 1678.

JAMES SANDERLINS P't

ags

JOHN EDMUNDS of

Maryland Deft

The P1 demands by bill from this deft. ye sume of 1200 lb of good & merchandable Tobbacco & Caske to bee paid in Great Chaptank River in Maryland on all demands after ye 10 of october 1675; as by the said bill under ye hand & seale of the deft bearing date ye 9' of June 1675; & produced in Court did more att Large appeare, the P" further declariing & prooveing in Court that hee hath made seuerall Legall demands of the s debt, and yt the same was not paid to this day, desiering that this Cor would bee pleased to grant him Judggemt agst ye deft and to allow of his attachment Laia upon a Certaine great Boate or shiallop & appurtenances now att upland‑That the same might bee publicqly sould and the Pit payed his Just due wt ye Costs;

Mr wtlter wharton one of the witnesses to ye 5d bill being sworne in Court declared that hee was prsent aind did see John Edmundsen signe scale and deliver, the abovesaid bill of 1200 lb of Tobbacco, to James Sanderlins;

The Court haueing Examined into ye buisnesse, and finding the Case to bee Just, did order that Judoemt: bee

Entered aggainst the deft: John Edmunds for the paym.' of

ye sd. 1200 lb of Tobbacco, or the True vailue thereof, and alloweing of ye Pl:" attachm doe hereby order the vendu inaster, to sell the boate & appurtenances, this Courtday to the most bidders, out of wich hee to pay James Sanderlins

112 RECORD OF

NoVr 12' 1678.

his debt wt' ye Costs, and the overplus to bee Returned to

John Edmunds or his order;

According to the abovesd order of Cor, was this day being

r ye 12th of novemb by publicq outcry sould unto nir Johni

Test, as ye higest bidder the b'ate & appurtenances feor

ye sume of six hundered and twenty fyve gilders; to bee

paid in New Castle w' merchandable Tobbacco & Caske

dutch wth & tarr att 8 styvers pr lb or wt' merchanidable

wheat at 5 gilders pr schipple att or befeore ye Laest of

march next En)suing, as by the Coniditions of sale upon ye

fyle more att Large doth & may appeare;

James Sanderlins bound himselfe as security foor ye true

payment of ye abovesd 625 gilders accordinig to the con-

ditions;

PETER DALBO 1 Plt

The Inhabitant f ft The It defaault so 1 De s p

Carkoen hoeck

This action Referred till next Courtday.

The undersherrife michill Ysard this day made Returne

to ye Court to haue attached belonging to hans Petersen

feor the fees and Charges of him ye said hans Petersen &

anna Laers dochter wyfee of Benck Salung etc; vizt:

ç6 trauers of wheat Rey and

other graine Containing about 9

In the hands of schiple more 200 gilders due to •

andries andressrhomman i hans Petersen foor his Land frrom

t. andries homman.

lttem an ox in Benk Salungs hands to bee appraized

by Jan Boelsen & andries homman-

UPLAND COURT. 113

NoVr 12" 1678.

Out of w? aboves i to bee paid viz

To James Sanderlinns foor payment of the

Indians that whipt etc as per James his

acct: ye same of / 101:=

To ye high sherrife & marshall etc 94:

To ye Clercq etc: 84:

HANS PETERSEN P nneither P't or Deft appearing

JACOB CLOCKER Deft f a nonsuit ordred

William Orian makeinig Compl:t to the Court that hee

goes in foeare and daniger of his Lyfoe, throug the threats of

Jan Jansen, and ye su Jan Jansen makeing ye same Com-

plaint against Will: orian; The doe bind both Cort

partees to their good behauior & order Each to pay balfee

Costs;

Upon the Peticon of oele Coeckoe-The Court doe granit

him Libert to take Up W1. h ini this Cor, Jurisdiction 300 y

acres of Land, w ch heretofoore is not granted taken up or

Improoved by others, hee seating and Improoveing said

onor Land according to his b the governo:' Regulaconis &

orders.

Upon the Peticon of henry Treciway - The Court doe

grant him Liberty to take up w"ini this Courts Jurisdiction

300 acres of Lannd, w Clh heretofoore is not granted taken up

or Improoved by others, lice seating & Improoveing said

Land accordinng to his h the governo' Regulacons & onor

orders.

Uponi the Peticon of mathias Claassen hoisteyni, The

, 114

RECORD OF

Nov 12' 1678.

Court doe grant him Liberty to take up wt?in this Courts Llmitts 100 acres of Land w" heretofeore is not granted taken up or Improoved by others, bee seating & Improove.nng said Land according to his honor

ye govern6? Re‑ula,

cons & orders;

Upon the Peticon of Edmund draufton, The Court doe grant him Liberty foor himselfe & son to take up 100 acres of Land, wc' heretofeore is not granted taken up or Improoved by others ‑be seating & Improoveing the same, according to his honor ye governor : s orders & Regulacons;

Benjamin Goodman prfeerring in Court a Peticon, sheweing that bee was assigned and set ouer from un~ Charles Ballard of ye province of maryland unto oele Swensen of this River to serve him or his assignes the Terme of three Jears, Wch was expiered the 19 day of april Laest past, r

and yt ye s' oele Swensen doth still deny the Peticon. his freedom, and therefeore desires that his s master Either may make itt appeare that bee hath Longer to serve or bee ordered to give him his freedome, w' sattisfaction foor ye overplus;

The Court haueing heard what by Lasse Cock was sayed touching the premisses, and oele Swensen producing noe Indentures alledgeing that the same were Lost, Doe therefeore Judge that the Peticonr ought to be free.

Upon Request made in behalfe of Jan Schoeten, The Court doe grant him Liberty to, take up a small quantity of marrish Lying att ye place called hans moensens great mill faall at ye End thereof, that is to fsa'y soe mutch as is

UPLAND COURT. 115

Nov, 12th 1678.

fitt to mowe 4 stacks of ha ; The Sd millfall bein a Run' y 9

that comes in ye Schuylkills.

Ordered that the Land foormerly granted to Jan Boelsen, bee Reserved foor the mill and that Jan Boelsen, may bane and take up in another place 100 acres of Land, To w s Jan Boelsen did agree in Court;

Itt being taken in Consideracon that itt was verry ne

cessary that a mill bee built in the Schuylkill; and there

0 tn

bein , no fitter place theni the faaall Called Cap hanis t her CapV

moenises faalls; The Co' are of opinion that Eit

hanis moens, ought to build a mill there (as bee sayes that bee will) or Else suffeer an other to build for the Comon good of ye parts;

Upon the Peticon of william orian The Cort granted him Liberty to take up within their Limits on hunidered acres of Land, wth heretofoore is not granted taken up or Improoved by others, bee seating and Improoveing the same

or .8

according to his hon the governor! orderg and Regulacons.

Upon the Request of Ephraim herman The Court doe grant him Liberty to take up (as an addition to his foormer grant) the Remainder of ye Land that Lyeth between Pemibaccan & Poetquessink Creekes;

1 resent " Mill

IlanB Moensen,s Great Mill Pall," or " Reduina,t`e'lwassouhthe Pof Woodlands

Creek " which empties into the Schuylkill immn, his tract is called '~ OroneCemetery. In the resurvey made foor Moense the creek" the Great Quarn ntink"' in other documents Arronemink, and

Fall"' "Quarn" being Swedish foor mill (Wharton's Surveys, 20th Sept., 1675, Surveyor Genl's Office, Harrisburg).

116 RECORD OF

Nov 12th 1678.

Upon the Peticon of ninathew aiim the Court doe gr(qnnt

him Liberty to take up 200 acres of Land, hee seatinig and Improoveing the same accordinng to his honi6r. the gouerno's Regulacons and orders;

Upon the Request of Thomas niossitur The Court doe

grant him Liberty foor bimselfee & associates, to take up 100 acres of Land, hee settling & makeing Improoven~? accord

ing to orders and Regulaconis;

Lawrens Cock this day apeared in Co and there before

the Court did aknowiedge the makeing ouer a plantation & appurtenances unto Elizabeth Kinsey, Lying and beinig att Sachamexing, The deed by him the s Lourenis Cock aknowledged stands hereafter Recorded viz

(Copia) To ALL XTIAN PEOPLE To whon‑ne this present wryting shall come La‑%vrenice Cock of Sachamexing in Delowar Riuer husbam:ndman senndeth Greetinng KNOW yee that I the said Lawrens Cock for and in Connsideracon of certaine sume of raoniy to me In hand Insuerd befoore the E‑insigning and deliuery hereof by Elizabeth Kinsey' the Daughter aind heier of John Kinsey Late of Herfeord.‑,heir Ini the Kindome of Englannd Deceased as aisoe for Diuers good Causes and Conneidirations me the said Lawrence there unto moueing llaue Giuen Granted Bargned Sould Assigned alliened Transported made ouer and Confirmed And by these presents Doe fully Clearly and

1 Elizabeth Kinsey, who in September, 1691, appears to have been the

wife of Thomas Fairman. Records, Land Office, Harrisburg.

UPLAND COURT. 117

Nov. 12t? 1678.

absalutely Giue grant Bargainc sell assigne Enfooofee alien Transport make ouer and Confirme unto ye above named Elizabeth Kinsey hur haiers aind assignes all my Right Tytle intrest Clayme and Porperty to a Certaine Plantatation farme or parsell of Land Conntening three huindread Acers Lying and being on the west syde of Delowar Riuer att the toune or neighborhood Called and Knowne by the iname of Sachamexing the Inole diuidennt anid qutintity of Laind beiing of Late surveyed for the Inhabatanits of Sachamaxeing in Genarall Contaynes 1800 Acres by wc' Re gn

suruey the sheare ai‑nd lintrest of him the said Lawrence Cock as being on of the said inhabatants of Sachamaxeing amounts to three hundred Acres as aboue mentoned To

geather wt1 the sheare aind lintrest of him the said Lawrence of and to the marslnes or meaddows beloni‑,inng unto the aboues Land as alsoe all and singular the houses

dwelling houses Banes stables stalls foences and all other the appurtanances niow standing upon the Sd Land or in

anny wise thereunto appertaining, To haue and to hold the aboue said Land plantation marshes houses and premeses with all and singular the appurtanances Libertys proffits

and priuiledges as also all ye Right title and iritrest of him the d Lawrence Cock therein, unto the s Elizabeth Kinsey hur haiers and assignes unto the soale and proper use and behoofe of hur the sd Elizabeth Kensey hur haiers and assignes for Euer. And he the said Lawrence Cock his

haiers Executors and administrators doth hereby Couenant to and w'' the s Elizabeth Kinsey hur haiers Executrs

. administrators aind assignes that hee the said Lawrence

118 RECORD OF

Nov 12' 1678.

Cock att the tyme of the Insealing and deliuery hereof is Lawftully seized of the abouesaid Land houseing and premeses and hath in his owne Right ftull power and Lawfull athority to sell and dispose thereof, and that she the said Elizabeth Kinisey hur haiers and assignnes shall and may from hennsfoorth foor Euermore freely anid quitely haue hould occupy posses and inioy all annd singular the abouesd Lannd housing and premeses w' out anny manner of Lett hindrance Tnteruption or molestation of him the said Lawrance Cock or anny other person or persons whatso Euer Clayming by from or under him the 5d Lawrance Cock hereby Clearing warrinting the said Land and premeses of and against anny manner of foormer bargins sailes or other ineumbrances whatso Euer Excepting the annuall Quit Rents, In witnes whereof the said Lawrens Cock together with Martha his wyfee (whoe likewise thereunto consents) haue hereunto sett there hanids and seales In Delowar Riuer this 30' day of march in the 30t Jeare of his may's

Raigne annq Domini: 1678 Signed sealed & deliuered Lawrens L Cock L S. in ye prsence of us (signed) his marke Edm: Cantwell The marke of Martha Eph: Herman Cock L S. John Asbton

The Court this day ordered that Every pTson should win the space of twoo months, as far as his Land Reaches, make good and passable wayes, from neigbour to neigbour w' bridges where itt needs, To the End that neigbours

UPLAND COURT. 119

Nov 12' 1678.

on occasion may come together, Those neglecting to feorfoeit 25 gilders;

Peter Putco This day appeared In Court, and there did akniowledge to haue assigned Transported and made ouer unto harmen Jansen his heirs and assignes, all his the s Peter Putcos Right Tytle & Intret to a Pattent (& ye Land therein contained) from the Right honor'lle govern6r Edm. Andros, granted unto hendrik Colman & him ye s' Peter Putco, bearing date 25' of march 1676; The sd Land Lyinig on ye north syde of the mill Creeke over against Carkoenhoeck; being bounded and Contaynes according to ye s" Pattent one hundered acres as by ye Records of Pattents foor upland Court, wherein ye s Pattent and the Transport aLt Large is Recorded more att Large doth & may apeare.

THE LIMITS AND DIVISION betweene this and New Castle County were this day agreed upon annd settled By this Court and Mr John Moll president of New Castle Court, To bee as followeth, viz

This County of upland to begin frrom ye north syde of oele fransens Creeke, otherways Called Steenkill Lying in the boght above ye verdrietige hoeck, and from the said Creek ouer to ye singeltree point on the Eastsyde of this River; 1

MEMORANDum Neeles Laersen must have ballannee from this Court ye sume of 263 gilders & noe more.

See note A. at end of Record.

120 RECORD OF

Nov 12 1678.

The Court this day made the foollowing order etc:

By the C6r! of Upland.

WHEREAS foor ye defraying of ye Charges of this Courts sitting as alsoe for ye sattisfying of ye foormer debt due from this Court to Neeles Laersen itt was ordered ye Laest Court held att Upland y'; 18th & 19 of June, That a small tax or Levy of 5 gilders should bee Imposed on Every Ty

dable pr Corts Wcln

son wtin this : Jurisdiction, order haueing sence Layne dorment and the Court finding themselues necessitated feor the sattisfying of ye sd neele.s Laersen as also for to defray their Charges of n‑neat and Lodgeirig att their sitting, Doe therefor the novo order that Every Tydable within ye Jurisdiction of this Court, who haue payed their Levy Laest Yeare doe wtin the space of 14 dayes now next Ensuing corn aind pay Each of them 5 gilders as foormerly, anid that they bring ye same unito Tinnecong 1 Ysland in ye hands of rn': otto Erniest Cock; This order to bee published & fixed up att ye Churches of wicaco & Tinnecong to ye Ennd noe prson may plead Igno.rance.,

Complaint being made to ye Court by James Sanderling Ini behalfee of ye Rest of ye Inhabitanits of upland That Neeles Laersen w' a fennee stopps up the old and usuall way to the fly;' and Neeles Laersen being thereupon heard, The Court ordered that 5d Neeles Laersen take up ye sd feence and Leaue the way open as feorrynerly;

1 Tin nicum Island. 2 SwedikRh foor a marsh or meadow.

UPLAND COURT. 121

Nov' 1211678.

Complaint being made by the Church wardens that Neeles Laersen has taken in (w the Lotts of Land by him bought of dom: Lasse Carolus here in Upland Towne) some of the Church or glebb Land; N ‑ordered that Neeles Laersen shall haue his due of the 2 Lotts by him bought of s dom: Carolus Equal! wt" the other Lotts in upland, but foor what shall bee foound that s Neeles Laersen has taken in more, lice to Leaue the same out againe annexed to ye other Church Lotts;

The Co';t adjorned till 2 Teusday in ye month of march next.

ffollow on the other syde seuerall Returnes made by Mr

igor Wch

walter wharton the suerve : to the Court~ are ordered

to bee sent to the office In New Yorke;

eigor

The hereafter menneoined Returnnes were by the Surv walter wharton nnade to ye Court viz

Copie By virtue of a warrant from the Court at upland in Sept 1677

Layd out foor Michell Izard a parcel! of Land called Smallgaine scituate and being on the west side of Delowar Riuer and one the North East side of Stilles Creek begining at a Cornor marked Poplar standing att the Creeke side being a bounded tree of the Land of Anthony nielson (alias) Long and from the said Popler Running II: E: by

by a Line of marked trees diuiding this from the Land of sayd Anithony twoo huindred perches to a Corner marked

1 See note B at end of Record.

122

RECORD OF

Nov, 12t 1678.

stan,,dinig att ye southwest side of Crum Kill Chestnut tree

from thens west by a Line of marked trees one hunidrecl forty aind fouer perches to a Corner marked white oake from thens S: W: by S: by a Liine of unarked trees one huniclrecl sixty and feouer perches to a Cornier marked white ek and from theiise following oake gtandinng att Stieles Cre entoned bounded

the seuerall Courses thereof to the first in Popler Conitoinninng one hunidred Acors of Lannd surueyed

by me

igr (Signed) WALTER WHARTON Surve

Copie By uirtue of a warrant from the Court at upland in Sept: 1677

. elsoin Alias Long: A parcell of

Layd out foor AnthODY In' Land Called Long scituate and beingg., on the west syde of Delowa.r Piuer: aboute a myle from the Riuer side betweene Crum Kill and Stilles Kill begininng at a Cornor marked read oake of the Land of nniles matson standing at the S: W: side of the Crum Kill anid from thennse Running up the said Kill bounncling therewith ni: w: sixty annd two perches n: E: 13 degres oyne hundred and Eighty Perches & ii: w: by w: sixtene Perches to a Cornor marked Cbestnutt tree standing At the side of sayd Creeke from thense 5: w: by 5: By a Lynne of marked trees two hundred perches to a Cornor marked Poplar standing at Stilles Creke from thense downe Stiles Creek bounding therewith

South by East forty Perches and South East one hundred atnd seauefl perches to a Cornor marked Read oake of the Land of Dom LaurencieE; Carolus at the side of Stilles

UPLAND COURT. 123

Nov 12 1678.

Creek and from thence north East by a Line of marked trees seuenty annd fower Perches to the first mentoned Cornor oake Contenin‑ one hundred Acrers of Lannd

Suruied by n‑ne (Signed) WALTER WARTON SurVr

Copie By virtue of a warrant from the Court at upland

Layd out foor James Sanderlands annd Lawrence Cock a Tract of Land Called Poat‑Quessink, scituate and being on the west of Delowar Riuer beginiing at a Cornor marked white oake standing att the north East side of the mouth of Poat Quesink 1 Creek and from thence Running by the Riuer side bounded therewith north East niinety perches and East by north Two hundred foorty and six perches to a Cornor marked Pine staniding att the Riuer side from thens north weast by a Line of marked trees three hundred perches to a Cornor marked spannish oake standing att the side of the maine Runn of the said Creeke and from thence foolloweing the seuerall Courses of the said Creek to the first mentoned Cornor white oake Contening foouer hundred and seuentene Acres of Land surueyed the 8' day of actober 1678.

By me (signed) WALT. WHARTON

Survr

Copie By uirtue of a warrant from the Court at upland Layd out for Pieter Rambo Junior a Tract of Land

Poquessiuk.

UPLAND COURT. 125

124 RECORD OF

Novr 12" 1678.

Called Rains Doep scituate and being on the west side of Delowar Riuer and on the north East side of Pemippackes 1 Creek begining at a Cornor marked white oak staniding on a point of firme Land next unto the mouth of the said Creek from thence Running (by the Riuer) north East fifty perches to a cornor markeed Read oak standing by the Riuer side from thens north west by inorth by a Lyne of markeed trees three liuindred and tenn perches to a cornor marked white oak from thens by a Line of marked trees, south west by west Eighty perches to a cornor marked Read oak standing att the side of the said Creek and fronn thens downe the seuerall Corses of said Creek to the first mentoned white oake Conteining three hundered Acres of Land Suvyed ye 12' day of october 1678 By mee (Signied) WALT: WHARTON Vr

Sur

Copie By virtue of a warrant from the Court att uplannd nouenber 1677

Layd out foor Jacob Hendrickson a parcel1 of Land Called Jacobs Lott scituate and being on the west side of Delowar Riuer and on the north East side of the Crum Kill begining att a cornor marked white oak standiing aft the side of the said creek or kill being a cornor tree of the Land of the orphants of Hendrik Johnson from thense Running ni: E: by E: by their Line of marked trees two hundred annd foourtene perches to a cornor marked white oak ,~,taniding in ye said Linie from thens n: w: by n: by a Lyne of

1 Pennepack.

Nov 1211 1678.

marked trees onie hundred perelnes to aminother marked white oak stanndiin.‑ on a Leauell from thennee south west by w: by a Lyne of markeed trees one hundred and fiftty and two perches to another cornor marked white oake standing att the side of the said Crumkill and from thens foOIIOWiDg the said creek or kill to the first mentoned white oak contening one hundred acres of Land surueyed

By me (signed) WALT: WHARTON

Survr Copie By uirtue of a warrant from the

Court at upland

Layd out for Hleury Hastings a parcell of Land Called Hastings hop N scituate and being on the west side of Delowar Riuer a myle abouee Poat quesink Creek: Begining at a cornor marked Pine staindino, by the Riuer side being a

corner bouindin‑ tree of the Land of Jeames Sanderlands and Lawrence Cock: and from thens Running East by the Riuer side one hundred and Ei,‑Inty perches to a cornor marked Read oak standing at the uper side of the mouth of a small branch from thence north northwest three hundred and forty and one perches then west south west one hundred perches to a cornnor marked spannish oake of sayd James and Lawrence and ~tainding aft the side of ye maine Runn of Poattquessink Creek aind from thence S S E: by their Line of marked trees three hundred Perches to the first mentoned cornor marked Pine at the Riuer side Contening two huindred acres of Land: surueyed ye lotb of October 1678.

By me (signed) WALT: WITARTON Sur

1 Hope.

L26 RECORD OF

ov 12 1678.

Copie By vertue of a warrant from the

Court att upland

Layd out foor John Test a tract of Land Called the hoop-

well of Kent scituate and being on the west side of Delo-

war Riuer and on the south west side of uplannd Creek

Begining att a Cornor marked black oak of the Land of

albert Hendricks Called Lemoky stanidin-, att the side of

the sayd Creek by the mouth of a small Runn from thence

Running south south west up the said Runn one hundred

and thirty and six perches to the head thereof and from the

head of the said Runn south west one hundred anid fifty and

fiue perches, by a Line of marked trees to a cornor marked

black oak of the Land of markers hookill1 from thence

west south west by a Line of marked trees Eighty perches

to a cornor marked white oak from thence north niorth

west two hundred & sixty and six perches to a cornor

marked black oak from thence East north East by a Lyne

of marked trees twoo hundred ninety and six perches to a

cornor marked Poplar standing att the side of a small

Runn: from thence East South East downe the said Runn

twenty and two perches to the maine Creek and from

t-henice downe along the said Creek to thee first menitoned

black oak Contening foour hundred Acres of Land surueyed

the 27' day of Sept 1678

By mee (signed) WALT: WHARTON Surv

Novr y 12' 1678;

Then was sould by order of the worpp Court, att up-

land, by Publicq outcry, unto John Test a Certayne great

Now Chichester Creek.

UPLAND COURT. 127

march ye 121:116711

Boate or siallop Lying att upland & attached by James

Sanderlins: The s boate belonging unto John Edmunds

of Chaptank in maryland, was publicqly sould to him ye

s John Test as ye most bidder, foor the sume of six hun-

dered & twenty fyve gilders, to bee paid in New Castle att

or befoore yC Laest day of march niext w Tobb. or wheat

att prys Courrant The purchazer was to pay halfoe Charges

of the vendu master & Cryer etc;

Att a Court held att upland in Del River oWr

by his may s authority, The 12t1 & 13' dayes

of march 167

M PETER COCK

MRR ISRAELL HELM

Justices sent MRR OTTO ERNEST Coon pr

MR LASSE ANDRIES

CAPT! EDM: CANTWELL High Sherrifoe

WILLIAM ORIAN Pl:t

JOITANNES D'11AEs Deft

Johannes De haes produciing in Court ye old or feormer

booke of ye Pl:t William orian, and prooveing by the oath

of doctor Thom: Spry (whoe had Laest yeare posted ye s

old booke, feor ye s orian into a new booke) That all what

was more in ye new booke, then was foound in ye old, was

Laest Jeare by him ye sd Spry set downe att ye request

of s orian whoe then did tell him ye same by memory,

and prooveing also by the affirmacons of Tho: woollaston

& others, that all or most parts of the accompts in ye s

JU1JURHF1LTrT1IW 1

128 RECORD OF

march ye 1 167

new book e are gayTisayed by ye debitors, & the sd Johannes De haes haueing prooved heretofeore his ace', & niow prolucing his booke, WC partly agreed wt? ye s Orians old booke; The Co' doe therefore Judge, by the bookes, witnesrs & Circumstances, that william orians ae4~t'is not Just & that Johaiines De haes has given him ye s oriani full Credit in his former ace:, and therefore doe Judge this a vexatious suite & order a nonisuit agst ye Plt w ye Costs.

This day appeared in Court Jan Boelsen, whoe by his deed & Conveigance, declared to make ouer unto Jan Justassen all ye Land & premisses, Contayned in a Pattent granted unto him the said Jan Boelsen by Governor francis

Wcb Sd

Louelace bearinig date ye first day of may 1671; Pattent together w' ye abovesaid deed of Conveigance are both Recorded in ye Records of upland Courts Pattents etc

PETER JEGOU pi.t LAURENTIUS CAROLTJS Deft

The P't demands of this deft:, by ordr of Capt James

Bollini, ye quantity of six schipples of wheat wt' ye Costs. Itt being prooved in Col, that the deft had some tymes

a,ccepted to pay this debt, and some tymes hee would not; The Col did passe Judgem ag't ye deft for ye sU six schi p

ples of wheat w' ye Costs;

EVERT ALDRITS P't 1

OELE DIRCKSEN Deft O11 action on ye Case

This action was withdravme by the P wyfoe.

UPLAND COURT. 129

march 12 1678 WILLIAM CLARKE of } pit

Nieshambenies Creeke

} in an act° of ye Case

agt

JOSEPH HIANDY Def.

withdrawne by ye pi : t

ROBBERD WAEDE P't

JOHN TEST Deft in an act of Debt

This action was withdrawne by the Plts order;

JOHN TEST it In an action of debt by bal P t lance of acet ye sume of 242 HIANS PETERSEN Def

lders.

The deft aknowledgeing the acct. befoore ye Court; The Court ordered Judgem to bee Enterred against the deft; for ye sume of 242 gilders due by ballance of acct. to this P't together w' ye Costs of suite;

LASSECOCK pi.t MICHFREDERIKS Deft} Inanactionofdebt

This action was withdrawne.

PETER BACON pi.t In an action of the

CAPT XTOPHR

BILLOP Deft S Case;

The deft: CapV Billop by his Letter to the Co Craueing a Refference till ye next Court day; The same was granted;

Johannes De haes sheweing by Peticon to ye Court that hee has ben arrested by william orian and fooreed to Come up three sundry Court dayes on sd acct. Wch sd action of him ye sd orian Provejng now a vexatious suite, & the Peticori' 9

130 RECORD OF

March 12 167

sheweing further that throug said unjust molestationn & his three several' attendances hee has Really been damnifyed & hindred w' his Expensis ye sume of one hundered

Wch S1

& fifty gilders, feor sume hee humbly desiered an order agst: him ye sd orian wth ye Costs; The same was by the Co granted;

Upon the Peticon of James Sanderlins, as ye attorney & in ye behalfee of marmaduke Randell sheweing that waiter wharton deceased' stands Justly Indebted unto ye sd: marmaduke feor hones rent of his house in uplannd, ye sume of Eighty gilders & desiering an order against ye Estate of the deceased ye Costs etc;

The Court haueing examined ye buisnesse doe grant Judgem w Costs, according to Request

James Sanderlins sheweing by Peticon that walter whaiton deceased stands Justly Indebted unto him by ballance of acet. ye sume of foure hundered & twenty Eight gild.is & humbly Craueing this Cor.t Judgem against ye d Estate for his 5d sume wth ye Costs;

The s James Sanderlins haueing made oath to ye Justnesse of ye ballance of his s acet: The Cbr! doe grant him Judgemt according to Peticon

1 Walter Wharton was, in 1671' appointed by Gov. Lovelace "Surveyor General on the west side of the Delaware," and in 1673 was selected as one of the appraisers of the island of Tinnicum in the celebrated suit of Jeuffro Armgardt Printz, the daughter of Gov. Printz, and wifoe of John Pappegoya, his successor, against Carr. In the same year, after the recon quest by the Dutch, he was reappointed Surveyor Geneal. lie was a judge of the Court at New Castle in 1678, and died about the end of that year.

UPLAND COURT. 131

march ye 1211 167 EDMUND DRAUFTON P't DUNCK WILLIAMs Deft

The P't demands of this Deft. 200 gilders feor teaching this deft Childeren to Read one Yeare

The Co' haueing heard the debates of both partees as alsoe ye attestation of ye witnesses, Doe grant Judgenit agst ye deft. foor 200 gilders wt' ye Costs;

Richard Ducket sworne in Court declares that hee was prsent at ye makeing of ye bargaine, & did hear that ye agreern' was that Edmund draufton should Teach Dunkes Child eren to Read' in ye bybell, & if hee could doe itt in a yeare or a halfee yeare or a quartr then hee was to haue 200 gliders.

WILLIAM CLARKE of Nie‑I P, shambenjes Creeke JAN IIENDRICKSEN Deft

The P't haueing Enterred noe declarat upon ye defts Re

97)

quest the P't is nonsuited

PELLE DALBO pit The Inhabitanits of 1

Def Carkes hoek j noe declaration Enterred a nonsuit was ordered agst ye pi.t

Thomas Wooilaston Late under Sherrifoe att New Castle,

sheweing that Laurentjus Carolus stands Justly Indebted unto him for undersherrjfs & marshalls foees ye sume of 55 gilders as pr acct: and humbly desiering Execution agst ye s Laurentius for the s' foees wth ye Costs;

132 RECORD OF

march ye 12t 167

The Thomas Wollaston haueing made oath to the Justnesse of his acet: inn Co The Co doe graint him Execution wcordinig to Lawe;

Upon the Peticon of Rodger Peddrik & william hews Joynt partners wth ye Rest of ye Inhabitants of marretties hoek wt ye Lanid there, desiering that ye sd Land may bee Layed out & Equally sheared, betweenie all the partees, to ye End that Each may haue a proportionable sheare as well of ye good as of the bad Lanid;

The Co answer that the Peticonlr s or those who are not sattisfyed wt ye dvision WC.i1 of old hath ben and still is; may att their proper Costs haue ye same new surveiged & sheared.

Upon the Peticon of Thom: fayreman foor 260 acres of Land below Nieshambenies Creeke etc. The C6r~ answer

ticonr

that the Pe may take up so mutch Land wch heretofore is not granted taken up or Improoved by others hee seating & Improoveing the same according to Lawe Regulations & orders;

Moens Staecket by his Peticon Complayning, that an

dries Boen Left open the foence of his Land att Calkoen boelk whereby hee the Peticonr sustaynes great damadges The s audries Boen being called befoore ye Court, Did then & there promisse to make good his foenice wthin 4 dayes next

Ensuing.

Upon the peticon of Dunk William 1eiering a grant to

take fooure acres of marsh bakwar& of.1j Land att nie‑

UPLAND COURT. 133

march ye 131h 167

shambenies Creeke in ye woods above ye kings path, The r

Court doe grant the Peticon Liberty to take up 4 acres of marsh, wth beretofore is not granted or taken up by others

JOHN SHACKERLY P't In an action of debt by acet: 4e same of 325 gild & 15 JAN CLAASSEN Deft I

i styvers.

The Deft. makeinig oath to ye acct: by him brought ini for sundry paymennts made by the deft. to this P't & his

partner Reynier Williams as well sence as before ye beginning of this suite; by wch acet itt appeared that hee the deft. hath paid in all ye sume of 451 gildrs & 14 styvers, so

that there was overpaid ye sume of 125 gliders 19 styvers; and Capt' Edmund Cantwell as attorney foor ye Pl desiering that the deft: (in Reguard hee was debtor att ye beginning of the suite) might bee ordered to pay the Costs; upon Examination of the buisnesse the Cbrt thougt itt Just that the deft. pay the Costs of Co~.~

Upon the Peticon of John Snowden desiering a grant to take up 100 acres of Lannd;

The Cor:t doe grant the Peticonr his Request hee seating & Improoveing said Land according to Lawe orders & Regulacons;

Upon the Peticon of hendrik Jacobs desiering a grant

to take up one hundered acres of Land, The Court doe

grant the PetiConlr his Request hee seating & Improoveing

said Land, according to Lawe Regulaconns and orders;

Upon the Pet‑icon of Andrjes andriessen homman, The

134 RECORD OF

march ye 13t1, 1678/9

Cor

:' haue granted him Liberty to take up 200 acres of Land on the west syde of this River of Delowar *~nin this Courts Jurisdiction, WCI1 heretofoore is not granted taken up or Improoved by others, and he seating annd Imprpveing the same according to Lawe Regulacons & orders;

Upon the Peticon of Jacobus fabritius, The Cor :t doe

grant him Liberty to take up 300 acres of Land, the same Land to bee on ye west syde of this River wjfl this Co

Jurisdiction, and not granted taken up or Improoved befoore by others, and ye Peticonr seating and Improoveinng ye same Land according to Lawe Regulacons annd orders.

Cor

Upon the Peticoni of Jurian hartsvelder, The. :t doe grant him Liberty to take up one hundered acres of Land, w heretofeore is not grannted taken up or Improoved by others, hee seating & Improoveing the same according to Lawe Regulacons and orders;

Peter Rambo Senior Clayming by a Late grant of this Court, a Certayne Tract of Land att wicaco and oele Swensen, Swen Swensen & andries Swensen, pleading that the same Land was wthin the bounds of their Pattent, wd 8d difference together w' ye allegations of both partees being this y heard, Itt is by the Co' this day ordered, that sence oele, Swen & andries Swensen haue ye same Land inn their Pattemit, Wd) is of old standing & that Peter Ram. boos grant was but of Late; That therefoore the said Swensens doe keepe ye Land and in case more Land bee foound wtin ye Bound of ye sd Pattent, then is sett downe, They

UPLAND COURT. 135

march ye 13t. 167

the said Swensens to have ye P'efferrence to take itt up befoore any others.'

Rodger Peddrik appearing in Co' did then & there aknowledge by his deed produced in Cor t the Transport & makein)g ouer unto William Huges his heirs and assignes foor Ever, the one Just & Equall halfe part of his ye s" Rodger Peddriks Land & marrishes, Lying att marretties hoek by him bought of Jan hendriksen; w° s deed stands Corls JU_ Recorded in ye Records of Pattents etc foor upV

risdiction;

Hans Oelsen of marretties hook this day appearing In

Court did verbally & by his deed declare to haue Transporte made ouer unto WilIiam Clayton his heirs and

assign all his Right & Intrest of & to his Land houses & appurtenances Lying and being att marretties hooke2 afeore

See ante page 67.

2 Marretties hooke' called by Lindstrom's MS. Map, cc Furu udden, Le

Cap des Pines" (Pine Point), also by the same autbority' "Kackimensi,

Nemanchitonna." In Besk's patent, the name Markus Hook is mentioned. There was an Indian Sachem of note called ".2[faarte‑Hoock" (Hazard's Ann., 99), after whom Mr. Ferris supposes the place may have been called. As the designation of Marcus Hook was earlier applied to the region than Marreties Hook, which latter is supposed to have its origin from 11 Maarte," the name Marrettie and Marcus were doubtless distinct titles' and neither a corruption of the other. There are also cotemporary instances in which * Mari‑ettie"' as well as "Marcus," appear as the names of persons.

In 1682, Governor Markham, at the request of the inhabitants of Marcus Hook' allowed them to change the name to Chichester (Minutes of Court' p. 8, West Chester) ; but it is even now better known by its ancient title. The land immediately above the present Marcus Hook, was granted in 1653 by Queen Christina, to Captain John Admunsen Besk, for "trusty service down to the Crown," and was somewhat indefinitely described as being in "New Sweedland" . . . "Marcus Hook by name, which doth

136 RECORD OF

march ye 13th 167

said w s' deed stands Recorded in ye Records of Pattents

of upld Courts Jurisdiction;

Juns Justassen (alias Illack) did this day in Co' verbally & by his deed aknowledge and declare to haue Transported & made ouer unto albert hendrik his heirs and assignes, all his Right tytle and Intrest, of and to a peece of Land Lying and being below upland, betweene twoo small Creekes called harwikes Creeke and middle Creeke,l being one third part of ye said Land, as by the abovesaid deed Recorded in ye Records of upl Courts pattents more

att Large doth & may appeare;

a memordum of ye acct: of Charges of hans Petersen &

anna Laers daugter hans Petersens part is / 139

out ot wc‑ must bee p To ye Clr his Remaindr /5

The Sherrifoe 94 for ye Co 40 / 139

reach up to and upwards to Upland Creek." . . . A translation of the Patent may be foound in Ferris's settlements on the Del., 183' but Besk appears never to have been benefited by the grant (Hazard's Ann.' 338). Marcus Hook Creek or Chichester Creek' foorms the eastern boundary of the present Marcus Hook; and as Lindstrom (MS. 3fap)'assigns the name of "Finland" to the region bounded by Marcus Hook Creek on the west, and Upland or Chester Creek on the cast' we are enabled to ascertain the limits of the grant upon the east and west, and correct the misapprehension of some previous writers, who have supposed that the patent embraced the site of the present Marcus Hook.

' "Middle Creek, now Stony Run." Court Minutes p. 222 (West Chester).

UPLAND COURT. 137

march ye 13th 167

Ini Reguard severall prsonns doe yet Remaine in defaault of paying their 5 gilders pr head foor the defrraying of the publicq Charges ordered ye Laest Corl Itt is therefeore againe ordered & published that all those as doe not pay the same wtlin ye space of 8 dayes next Ensuing, shall feorfoeit & pay the sume of 25 gilders pr.head.

Neeles Laersen was this day ordered to make or Leaue a Lane or street from upland Creeke to ye: house of de

fence or country house, between this and the next Court and in defaault thereof hee to bee fyned ye Discretion of ye

Cor Cort to

,t, nneeles Laersen beinng sent foor in make him acquainted w ye above, and not comming, the Co' orderred the undersherrifee to make him acquainted ye same, to the End hee might not plead Ignorance;

The C6r! adjorned till ye 2 Teusday in June next.

From June the Cort was adjorned untill Sep

r r feOlloWing

temb. and from Septembr till niovemb 1679.

1 See note C at end of Record.

Record of Upland Court - 1678