| Record of Upland Court |
Record of Upland Court - 1677
50 RECORD OF
Att a Court held att Uplaind in Delowar River on Teusday the 13th of Junne a¡ 1677
MR
PETER COCK
MR
PETER RAMBO
Justices
MR
ISRAELL HELM prsent
MR
LACE ANDRIES
MR
OELE SWENSEN
M'R
OTTO ERNEST COCK]
EDMOND CANTWELL P1 JOHN ASHMAN Deft
The P't demands the quaintity of 800 lb of Tobbacco; foor surveig' fees of twoo tracts of Land as also for the P‑,ttfeints aind other Charges as p acct and desiers that hee may haue Judgm Entered ag the def foor the s Sume & that the attachment by the p'. Laid uppon some Cattle & other Effects of this Def may stand good; etc.
The Court haueing heard the Reply of Robberd Ashmann the faather of the Sd John ashman, to the demands of the p't did thinik good to order That Judgem bee Entered against the def foor the s 800 lb of tobbacco, anid doo allow of the s attachment.
ALBERT HENDRICS Pl.'
ANJJRIES BERTELS Deft
The P Complaines against the deft for haueirig Killed
th a gun a certaine boare of this P
The Deft sayes that tl‑ne boar hath used about his Land 6 Jeares and yt the 5d boare was so cruell that nio nnan Could passe ythOut danger of being hurt by the s Boare, and that their Childeren were Lykevyse In danger.
UPLAND COURT. 51
The Court after Exannirnatioii of the buisnesse (uppon the Request of ye partees) did suspend this action untill the next Court; Recomending the partees mutually to Compose the buisnesse between themselves;
Mr John Test brought in Court a certaine man servant named William Still, being a taylor by traede, whome hee the s Test did aknowledge to hane sold unto Captlh EdmQnd Cantwell foor the space and tearme of foure Jeares, begiinnin‑ from the first of aprill Last past; The s' Wil
gn
liam. Still declared in Court to bee willing to serve the said Capt Cantwell the aboves tearnne of fooure yeares;
MORTEN MORTENSE Pit The partees declared to Mouxs STAEcKE Deft ‑ haue agreed & that Each was to pay halfoe Costs. MORTEN MORTENSE The partees agreed as MOUNS STAECKE Deft above Each to pay halfe J Costs.
ANDRIES HOMI\EAN Plt
LACE DALBOO by
In an action of as James Sainderlin his Deft sault & battery. attorney
The P declares as pr Peticon for y ye. deft hath assaulted & beatein him before his dore uppon his owne Land further threatnii‑ng to do the P' a mischief etc. Uppon the deft" desier this action is continued untill next Court; and in the meantyme the deft is to bee of the Good beha.ivor.
of or
Edmond Cantwell High Sherrifoe in ye Bebalfe
Soueraigne Lord the King Indytes Richard Ducket the
52 RECORD OF
Sd servant of Lace Cock, foor yt hee the Richard Contrary to the Lawes of the Governm and Contrary to his Mas
ters Consent hath Kept Company & got wt.h Child a certaine molato wooman Called Swart anna; desiers punishunt. according to Lawe & merrit.
The 5d Richard confesses the faact but sayeth yt itt was
w lntention to marry the s anina, promisses foor the future not to frequent the Companiy 0f the 5d annia, atnd Inngages to the Court to maintain the sd child as soon he is free etc; The Court did Remit the 1 Richard his s offence uppon his humiliation itt being his masters desiere;
June 14th 1677 TJppon The peticon of Lace Cock, Execution Issued sheweing that John ashman stanids out; Indebted unito him 16 Ells of Serge foor a blake horse, as also a mare, by the sd ashman bought of the pe ticonir desiering that hee may have Judgem against the s ashman, anid that a mare and horse now attached may bee condemned foor the Pay ment; Justice ode Swensen In foorming ye Court about the same, The Col ordered Judgement against the 5d¥ ashman for a mare & 16 Ells of Serge, and allow of the at tachment.
The acct of Lace Cock foor Expensis of the Comander'
4
I J0/j, Collier, who had at this time command of the militia and soldiers on the river' and resided at New Castle, in charge of the foort at that place. He was sub‑collector of the customs, and Reeeiverofthe quit rents.
UPLAND COURT. 53
and Justices as also foor the Indians att Sachamexin from March ye 14 till ye 18? of the s month a¡ 16Th, to the sume of 250 Gilders being produced; The Court did allow of the same and ordered, that when the Levy shall bee Laid that the s sume shall Lykewyse bee sattisfyed and paid.
WHEREAS Peter andries made itt appeare to the Court (by henry Jones his attorney) that John asliman stood Justly Indebted unto him att his departure out of the Governmt the quantity of 18 Ells of good Serge; The Court ordered Judgemt to bee Entered against the s John foor the s 18 Ells of Serge; wt? Costs.
11 Septz' 1677 WHEREAS John Stille made itt Execution issued appeare to the Court, that John ashout man stands Justly Indebted unto him by his bill beareing date y 2 of nio r e vemb. 1670, The quanitityof twelve hum:ndered and fifty lb of tobbacco to bee paid in Chaptank River in mary land deducting fooure Yards of Course Kersy Received in part of payment of the s bill. The Court ordered Judgem to bee Entered against the s John ashman foor the payment of the said debt w the Costs;
JUSTICE ISRAELL HIELMP'T ELE OELSEN (als) COECKOE Deft.
The, P! Complaines that at the p1antat of Juns Jus‑.
tesse ill *'house hee the plt was first wth Evill words
a.,
*
54 RECORD OF
abused by the deft and afterwards by him beaten and his shirt all torne In peeces by the sd. deft and therefore desiers y the Court will Inflict punishment accordinig to the merrit of the sddeft and that as hee is one of the members of the Court, hee may bee so maintained.
The deft sayeth that the pl~ hath first struck him etc.
The High Sheriffe, Capt Edm: Cantwell desiers that the Court will take the Case in Consiederacon and not suffer that a Justice of peace shall bee so abused.
The Court haueing Examined into ye whole buisnesse and heard the debates of both partees together wth the Testimony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of twoo hundered and Ten gilders; sixty thereof foor the poore or Church and the Remainder one hundered and fifty gilders to the sherrifee, and doe further order y the sd ode oelsen doe humbly aske foorgiuenness of Justice Israell helm and the Cor.t feor his sd offeence
which was openl done by t‑he s' oele In Co ~ ly
The Co & High Sherrifee Conciedering that the d oele was a poore man w~r a great Charge of Childeren;‑uppon his humble submission did Remit & foorgive him the one huilderecl & fifty Gilders fyne;
WHEREAS Ruth the widdow of Thom: Jeacocx made itt appeare to the Court that John ashman att the tyrne of his departure out of the Governmt stood Justly Indebted iinito her the sume or quantity of one thousand lb of Tobbacco feor a horse to bee paid in goods as they cost in, maryland deducting 8 Ells of Lockrum 1 and 4 Ells of blew
'Lockrain.
UPLAND COURT. 55
Linnen thereuppon Received, and Robberd ashman the 8d
father of the John ashman Desiering that the sd debt might bee paid; The Court ordered Judgement to bee Entered against the sd John ashman for the said debt wt' Costs;
ANTHONY NEALSON P" LACE DALBOO Deft
The P't declares that this def wthout the Knowledge and order of the P't hath taken upp his horse, and foor some tyme made use thereof, w said horse is sence that tyme not seen or to bee foound; wherefoore the P" desiers Restitution of the said horse w Costs; James Sanderling as attorney foor the deft desiers a Continuation
W~h ye Corl
of this action untill the next Court day; Grant.
HENRY WARD P't Tuo: DENNY Deft
The P't demands of the deft by bill beareing date 2' of
r novemb. 1676, the quantity of 400 lb Tobb. dutch wt' to bee paid in New Castle according to the conntenits of the sd
th ‑ to pay the d
bill, W. costs. The deft is willin " ebt the 10'
of octob' next, saying that hee has had his pay Reddy all the Jeare but that the same was not demanded by the Pl‑t
and w all that hee was not tymely arrested etc:
The Court ordered Judgement to be Entered against the
deft for the s 400 lb of Tobb. according to bill wt? stay of Executio1 untill the next Court day, w Costs.
66 RECORD OF
JAMES SANDERLIN Pit in an action of debt for 16 OELE SwtsEN Deft' J feoxes.
The debates of both partees being heard; The Co' were proceeding to Judgem; but befeore Judgem was pronounced, The Paxtees did declare to haue mutually agreed & composed the buisnesse; and that the deft was to pay Costs;
FFRANCIS WALKER Pi.t an attachm uppon severall JOHN Asiw Deft J of the defls cowes aincl horses
The Pt declares that hee the P Joynatly w John ashman bought of Daniell wastcoate of Standfoord in New Enigland, severall horses and mares, then Running in these woods, for we'? horses they aisoo Joyntly past their bond unto the s wastcoate foor 7000 lb of tobbacco certaine and 9000 lb of tobb. uncertain of w' s horses the deft hath taken upp and Carried away feor maryland six horses & mares and one coult whereof the P't hath never any acct giveni him by the deft whoe Remains absent out of the Governm~. Wherefore the P't hath attached severall of the s horses yet Remaining In these parts, as also some of the def Cattle, and desiers that his s attachment may bee allowed of and that hee also may bee paid foor the Keepeing of the 5d Cattle etc;
The Co ordered that the Remaining horses of John ashman bee upon Execution and that the sd attachm' stand good; as also that the pl shall bee paid foor his Keepeing of the ?. Cattle;
Capt' Edmond Cantwell is ordered by the Co keepe
UPLAND COURT. 57
the Pattents of John Ashman (now in his custodie) untill fturther order.
Lace Cock and Mathias Holsteiyn are appointed by the Court appraizers of the goods and chattles uppon Execution, belonging unto John ashman, whoe were sworne accordingly.
Albert Hendricx the Constable desiering of the Corl tO bee dismist of his Constables place (bee haueing served
Cort out his Jeare) ; The Have nominated and appointed Cor
William orian, Constable feor the Jurisdiction of this
foor the Roome of the 5d Albert; and was sworne accordingly;
Cor
Juriani Hartswelder' appearing in desiered to bee discharged of his place of undersherrifoe, he Remooveing his Living higher upp the River. The C6r! did Grant unto the said Jurian hartswelder his Request, and w the approbacon of the Co'; The High Sherrifoe Capt' Cantwell did
Cort
appoint Michill Ysard as undersherrife to this In the Roome of the said Jurian hartswelder.
Niles Laersen is allowed by the Cort
: foor the Charges and Expensis of the Keeping of the Cor:t this tyme onie hundered & twennty Gilders
120. This Cor.1 Cort The Last
100 252 befoore
In all 472 : Gilders
'Jurian Hartsfield or Hartsfoelder, who by a Patent from Andros, dated
25 March, 1676, derived title to a tract of 350 acres, to which he removed,
called "tfield," situated on the west side of the Delaware, betweexi "Cohocksnck Creeke" on the iiorth, and a "small creeke called Coo‑auque‑nau‑que" (Pegg's run) on the south. See volume in office of Sec. of State, Albany, N. Y., endorsed Land Papers [Delaware] p. 25.
58 RECORD OF
The Co doe order that the Expensis by Neales Laersen disburst amounting in all to this day to 472 Gilders shall bee found and paid out of the Levy to bee Laid foor the defraying of publicq Charges.
The Co? was adjorned. until the 2d Teusday of the month of September next;
The feollowing orders were made by the Justices befoore they parted.
The Justices conciedering that befoore the next Co sits to End the difference about the fly' of those of Carkoens' hock and Lace dalbo; itt will bee too Late to mow the Hay; doe order that hans Peterse and the Reste of Carkoens hoeck doe mow the hay of the s fly feor the prsent and until their case bee heard etc.
Itt is ordered by the Co1 viz.
That all declarations must bee Entered att Least the day befeore the Co as when the Clarke is to attend att upplands;
That no prson bee admitted to plead feor any other prson as an attorney In Cor. wthout hee first have his admittance of the Co or have a warranty of attorney feor his so doeimng from his Clyant;
'Fly‑Swedish for marsh or meadow.
2 Carkoen's Hook, and still so called, and.which must not be confoounded
with Calcoon's Hook, was the point foormed by the junction of Cobb's Creek with Darby Creek, and had for its western boundary Darby, and for its northern, Cobb's Creek. The whole region, however, east of these creeks, as far as the western limits of the Tacony district, was, 8 will hereafter appear in this Record, designated as 11 Carcoen's lwek.'1
UPLAND COURT. 59
Att a Court held att Upland in Delowarr
River ye 11 of September a¡ 1677.
MR PETER COCK M PETER RAMBO
J Prsent M' ISRAEL HELM Justices MR OTTO ERNEST MRR LACE ANDRIES
OELE SWENSEN
CAPT CANTWELL High Sherrifee
CLAES CRAM P't LACE COCK Deft
The p't demands of ye deft for bringing of a horse frroni p after colt ye sume of twenity gilders. Justice otto declaring how ye case stood, hee haueing been prsent; The Court ordered ye pl~ to Looke feor his pay ¥, from Michull Jud ye carpender;
ALBERT HIENDRICX P't ANDRIES BERTELF Deft Severall of ye nleighbours being Examined about ye ' ¥boare in Controversy; Itt was ordered by the Court that the deft shall pay halfoe the boare to ye plt and pay Lyke .wyse halfee ye Charges, and ye P't the other halfee; ANDRIES HlommA‑i,,‑ P't In an action of assault &
r LACE DALBOO deft I Battery.
The Court haueing Examined the wittnesses, did condemne the deft feor his assault In a fynne of twenty and fyve
RECORD OF
RIES JOHNSON AicDRTES ANDRIESSE, AND
MATHIAS MATHIASSEN, BEN JOHNSON
LACE LACESSEN~ PELL ERICKSON
HANS PETERSEN Inhabitants of Carkoensh
LACE DALBoo Deft
The difference between ye P11 and deft beinig about a
certaine peece, of marrish or Valley Lying nieare Carkoeiis
hoeck annd the Court haueing heard ye debates on both
sydes, did order that the plt.s get Indifferent men they to
:
view ye S' v*alley and to see whether the plts haue not their
quantity and after that (In case Plts and deft can not mu-
tually agree) to send a Peticon and declare the Case to his
hono! the Governo
it MORTON MORTENSE Junior P
MOENS STAEOKET Deft
The Ft declares that the deft about twoo months semice
w'out any Cause did chease this plts wyfoe wt? an aex aind
hee ye p't hearing his wyfoe cry out was comming I to see what
was ye matter, att wl tymb ye deft had gott a gun in his
hand, threathing this P~t :fl saying gett ye gone you
;
Rogue and wboore or else 1: will shoot you, w%ll pointing
att him, andyt ye deft att sundry tymes afterwards ha
gon about to doe ye P't a misschief, desiers that Deft 'hay
bee bound to the go'od-behauior; & pay all Costs;
The deft att first denyed the pl~s declaration but anfter
it Bayed that hee'knew ii6thihg to say uppon ye his wyfee
b4t all honest~.
haueidg Examined Ale wittneisses did ConThe Court
S
UPLAND COURT. 61
demne the deft in a fyne of fifty Gilders and order ye def!
to bee of ye good behauior.
The deft In Court bounnd ouer to ye Court all his Estate
for security of his good behauior foor and during the space
of onic Jeare, The deft to pay Costs;
M0RTEN MORTENSE senior P't Ini an action of
MOUNS SAECKET Deftt I slander.
The debates of partees being heard and ye wittnnesses
t hee Examined; the Court ordered ye deft to declare Y.
knnew nothing say against the plt but all honiesty, wch the
Deft did in open court, and the deft to pay costs;
The Court this day allotted to ye Clercq Eph: herman
for his Last Jeares service trouble & Expensis twoo hun-
dered Gildrs to bee paid him out f ye Levy or tax to bee
laid.
Upon The Peticon of Ephraim Hlerman and Pelle
Eambo, desiering a grannt of this worpp" Court foor to take
up Each of them three hundered acres of Land aboue up
the River betweene pemipkani Creeke and paeqessin Creeke,
promissing to seat the same according to ye Regulacons of
or or his hon . ye Govern
petieonlrs The Court Grant the their Request they con-
forming themselves in ye manner of seating according to
s' houo Regulacons;
Chian
Claesse desiering a grant of ye Court to take
up onehundered acres of Land bounded on both sydes wtb
michiu A0emakers Land
- 4
&
.
62 RECORD OF
The Court Granted ye Petieonr his request, hee seating according to ye Regulacons of his. honbr ye Governor
Jan Schoeten desierim‑ig a grant of ye Court to take up one hundered acres of Land att ye west syde up in ye Schuylkill,' with some marrish,
jr
The Court grannted ye peticon his Request hee seating ye same according to ye Regulacons of his hon6r ye Governdr
Richard Ducket desiering a grant of ye Court to take up one hundered acres of Land, up above In ye schuyckil
a small bitt of marrish on ye east syde of ye Schuylkill
r
The Court granted the peticonn: his Request hee seating or governor
the same Lamid accordinng to his hon . the s regulacons.
John mattson, Swen Lom and Lace Dalboo desiering of ye Court to take upp three hundered acres of Land, att ye place Called wiessahitkonk2 on ye westsyde up in ye Schuyl Kill;
1 The Schuylkill is supposed to have been discovered in 1616 by Captain Hendrickson (Hazard's Ann.' 6). The name it has been suggested, was derived from the Dutch verb Schuylen' to hide "from the retired and hidden situation of its mouth" (Ferris' orig. settlements, p. 70). Gerrit Van Sweeringen, in his "account of the settling of the Dutch and Sweedes at the Delaware" (Doe. Relating to Col. list, of N. Y., vol. ii. p. 342), assigns another reason foor the name that "the Sweeds ship sailed up as high as Tenecum hideing themselves in a creeke' therefoore is called to this day the Schuyl‑Kill, in English Hideing Creeke." The stream, accord, in to Lindstrom, is "Mittabakonck La Riviere de Menejacks" (M. S. Map in Library Amer. Phil. Soc.).
2 Wissahiccon' called by HoIm in his "Map of the Province of Pennsilvania"' Whitpaine Creek, probably after Richard Wbitpaine, who was' according to this map, the owner of several large tracts of land at the head of this creek.
p
UPLAND COURT. 63
The Court granted the petieonrs their Request, They
seating & Improoveing s Land according to his honor the rnOrs gove orders & Regulations.
Pelle Dalboo desiering of ye Court a grant to take upp twoo hundered acres of Land Just above taokanink' Pattent, r
The Court granted ye Peticon: his Request, hee seating or
& Improoveing ye same according to his hon the Governo Regulacons;
Jan Claassen Paerde Cooper desieriiig a grant to take upp three hundered acres of Land In nishammenies'Creeke
1 Taconey. ‑According to the Map of the County of Philadelphia by Charles Ellet, jr.' 1839' the most reliable one ever published of the County, Frankfoord Creek' or the main stream, is foormed by the junction of the Taconey on the north' with the Wingohocking on the south, at a point immediately west of the town of Frankford, and the stream which empties into Frankfoord Creek from the north just below the latter town, is called "Little Taconey."
On Hill's "Map of Philadelphia and Environs," 1801‑7, better known as the Circular Map, the name of Frankfoord Creek is given to the "Taconey" as so named by Ellet, as well as to the main stream, and the "Little Taconey" is called Taconey. On Holmes' Map' the general name of Frankfoord Creek is also applied to the main stream, as well as to the Taconey branch; but the Win‑ohockiiig and Little Taconey have no names assigned to them.
The ancient Indian title of the "Taconey" branch as now called, and
which it retained after its junction with the Wingohocking, was " Ques
stnawomink," and the Little Taconey was called "Tawocawomink." See Return of Survey foor Peter Cock, 24 Nov. 1675, foor a tract of 650 acres called "Quessmacemink." Walter Wharton's Book of Surveys, Surveyor Genl's Office, Harrisburg.
2 Heshaminy, called by Holmes in his Map of the Province, Neshamenah, and named in the deed betweeii Markham and the Indians (Hazard's Ann., 581), Neshainmony.
64 RECORD OF
next unto ye Land of James Sauderling, two my11 up on ye East syde of the 5d Creeke,
The Court grnted ye peticonT his Request bee seating ye same according to his honnor the Governo regulacofls.
Thomas Jacobse desierinng of ye Cot a grant to take upp one bunIerd aces of Laind nnext u , nto ye Land of Jan 'Claasen I' Nisbammemes Creeke
The C6urt,,Grantecl the Peticon his request b seating ye me according to his honi6r the Govern6rs orders & RegulatioiiS
William Jeacocx desierinng of ye Court a grant to take up next unlto ye Lannd of Thomas Jacobs one hundred acres of, Land,
The Co' grannted the peticonr his Request bee seatinig the same accordinig to his honn6' the Governior : s Reg~ilaconns.
Lace Cock and James Sanderlinig delsierinng of ye Court Each a grant to take up 100 acres of Land a peece Just above paequessink Creeke,
The Court granted the PeticoYrs their Request they seating and Improoveinng sd Land according to his honor the
goeio Instructions & Regulations;
Capt"hans moens desiering of ye Court a grant to take
up in pen4paks Creeke on ye syde of paequessink Creeke
three hundered acres of Land,
The Court g , mnted ye pticonr his Request hee seating Inors
& junproovemg 9' Land =cording to his hono, ye gover
P,egulationns;
The Governor:s orders'lo ye Coo. abut the recording of
UPLAND COURT. 65
Lands, bearing date 13th of august was openly publisht in Court;
Anthony Nealson & Michull Yzard desiering of ye Court . grant for Euh of them to take up above in ye Cromkill' one hundered acres of Land;
The Court granted ye Peticonr.s their Request they seat
8d overnor
ing the Land according to his honor‑the.G Regu
lacons.
Benjamin Goodman desiering of ye Court a grant to take up by ye land of Richard ducket in ye Schuylkill one hundered acres of Land
r The Court granted ye: Peticon. his Request'hee seating onor
ye same according to his h ye govern6r! Regulacons.
Laers Laerssen and hans Petersen desiering of ye Court a grant feor Each of them to take up above ye mill in amesland2 Creeke, and the place Called moherhuting onie hundered acres of Land feor Each of them,
1 Uromkill_‑ Urumkill is the Swedish for crooked creek, as Kromkill is
the Dutch foor the same. It is designated by Lindstrom in his MS. Map as "Paperack La Riviere Courbie (1. e., Courbe, curved or crooked), ou La Jtiviere de Tenakons ou Peskohockon." Lindstrom's MS. Map in the Library of American Phil. Society.
Ameslaiid' or Ansas‑land Creek, was the present Cobb's Creek' and ‑'t‑lie present Darby Creek, from the junction of the latter with the former
t*the river. It was a Swedish designation, and the foollowing curious explanation of its origin is given in a note to Acrelius' History, p. 234.
"Amas‑land, it was foormerly called the country of the nurse, one having lived there foormerly, where Archard's place now is, foor that reason this
farm and afterwards the whole region was given the name of the country of then4.ss, and now Amas‑land." The western bouridary of Amasland was the Ore* called "Mokormpates" (the present Mackinipattus). Map
of grant to 4R(lres Boon' called "Boon's Forest," April 13, 1680' office
of Secrea'yof Spate, Albany. The Indian title of the present Darby
MMAerelius, 64, as having been "]V'jecks."
66 RECORD O}
The Court granted the PeticoAr! their Request they seating 13 L,aind accorcling to ye Regulaconis of his honl6' ye governor
The Court haue allowed to nieles Laersen for this Courts sitting one hunclerecl and sixty gilders;
The Clercq was orderecl to send to his hon6r the Governor a coppy of ye publicq Charges of this County viz:
To neeles Laersen foor ye Courts Expensis to this
clay Except 200 gilders by Capt' Cantwell paid him before there being nno other accommodation for ye Court /639
To Lace Cock feor Expensis of ye Comandr and 1 Simico Indians Last spring ye acct being allowed 250 by ye Court .1 The woolves heads in this Co' not all brought 420 in Jet but Cotaputecl by ye Court to To ye Clercq allotted by ye Court for his Severall Extraordinary services, to ye~ Cor:t etc 200
To Justice Israeli helm for his severar services 400 to ye Contry as Interpreter about ye Indians
To CapV' Cantwell w' hee hath p to neells 260, Laersen folr ye Courts accomodationis etc.
Justice Otto Eriest for sundry Expensis on ye
pubhcq acct. of W1 hee hath not yet brought In ‑ 300
his ac6t of perticulars J
Lace Cock for Expensis when his honor ye 112 vern6' was there~ 90‑1
p2521
UPLAND COURT.
67
Peter Rambo demands foor Expensis when his hon6r the Governor was there 800 gild' 800 Capt' Cantwell proffered in Court to pay him
400 gilders w¡ hee refuused, soo that this is left to or to
his hon Judge of
3321 Besides the fees due foor ye Collectinig the s Levy;
N.B. 27 Sept' 1677 a Coppy of this acet: sent to his or
hon by dirk Smith Hoope
Att a Court held att Upland In Delowar River Teusday the 13th of Novemb 1677
M'R PETER COCK MR' PETER RAMBO
prsent MR ISRAELL HELM Justices
MR LACE ANDRIES Ma OTTO ERNEST Cocu MRR OELE SWENSEN
Upon the Peticon of Peter Ramboo desiering a grant of the Court to take up twoo hundered and fifty acres of Land,' between the Land of wicaco and the Land of Jurian ft hertswelder; 2 The Court Grant the Peticonr to take up soe much Land, ¥ WI' is not granted takenn up or Improoved, befoore this date,
.................................................... ¥‑ ‑ _____
1 The land claimed now foorms a part of Philadelphia; but Rainbo's application having been resisted by the Swanson's, as will be hereafter seen'
on the ground of a prior grant to them, it was not sustained. Some of
the Rainbos removed to the neighborhood of Norristown, and the name still exists in that vicinity.
Should be Hartsfelder.
68 RECORD OF
hee Improoveing and seating the same according to his hono' the governo Regulacons.
SWEN GUNNER P't partees agreed oELE ERICKSON Deft I
LUKE WATTSON P't This action is Continued by ye JOHN GRAY Deft I plt‑s attornes desier
WILL: DERVALL by 1 pit JOHN ADAMS 5 Continnued as above.
JOHN GRAY Deft J
JOHN TEST P't
NEELES LAYMEN Deft
The P" demands of the deft feor sunidry goods annd merchanndizes by ye deft Received of the P't as pr ace': produced lnn Court the sume of one hunidered and Eighty six gilders; feor Well sume hee humbly Craeves Judgemennt ag't the deft, wt1' Costs;
The Court haueing heard the debates, of both partees, doe order that Judgement bee Enterred agst the deft feor the s 186 gliders; and as to what the deft alledgeth that the P is In Contra Indebted unto the Deft sence that the pit will not haue the same deducted The def action stands open agt the p' foor the same;
WILLIAM TOM P1 JONAS NEELSEN Deft
The pl.' demands of the deft foor foees Earned In the Tyme the P" was Clercq to this Court, In severail actions according to a Judgm! of the 13 of June 1676; The sume of six pound fifteen shill. and twoo pence;
UPLAND COURT. 69
The Court baueing heard the Cause doe againe order that the deft pay unto the p what fees hee cani make appeare to bee due unto him (als) Execution;
THOMAS HARWOOD P"
HANS JURIAN Deft
The Plt demands of the deft the sume of one hundered and therty nine gilders being the ballance of ani acct: by the Pl produced In Court;
The deft. Remaining defaault and the P~t haueing made oath: to the ballance of his acct: The Court ordered Judgem to bee Enterred against the deft. feor the s 139 Gildr s w Costs of suite;
ERIOK JURIANS pi . ERICK COCK Deft } partees agreed
WILLIAM TOM Pt JAN CORNELISSEN deft
The P~t demands feor Clercqs foees in the action of Peter Jegon ag8t this deft I 6:s 4 and more foor foees about his son 8:s In all the sume of 24:s & 4 foor wc~ hee cranes Judgement against the deft w Costs;
The Court haueing heard the debates of both partees
Sd
doe order that Judgement bee Entered agst the def! foor 24:' 4 together wt? Costs of suit;
NEELES LAERSEN P't JOHN TEST Deft
The P'. Complains that this deft hath been Troublesome to his son about a Knyf, desiers to know the Reason of the same.
70 RECORD OF
The Court haueing heard the debates of both partees; and fincling the buisnesse and difference of noe vallue, did order the partees to be fririds and foorgive one the other; to w the partees agreed Neeles Laersen Ingaging to pay the Clercq and sherrifs feees;
ANDRIES BOEN MOENS STAECKET Deft
The P" complains that bee going from his house to Carkoens hoeck, was called in by the way in the Badstoe of Lace Colman where this deft alsoe was; whoe wt1 many scandalous words abused this P" and being not sattisfyed wt? that feell to beating of the 1t annd wounided him in the face as the markes thereof did show; Pelle Erikson and Pelle Laurson being sworne doe afirme the same; The def desiering a fauorable Censure of the Court; and w all foorgivenesse of the fact; saying that he was in drinke etc; and declaring That hee Knowes nothing to say of the PI.t but all honesty
The Court haueing Examined the whole Circumstance of the buisnesse; doe (In Reguard of the deft humble submission) only Condemne him in a fyne of one hundered Gilders to be paid according to his hono7 the Governor.s orders; The Court foorgiving the deft. his breatch of the behauior & ordering him to pay the costs of Suite;
THOMAS HARWOOD JOHN STILLE Deft I partees agreed
THOMAS IJARWOOD P't
1 JOHN CLAASS Deft j partees agreed
UPLAND COURT. 71
Lace Colman Pelle Laersen and Peter Erickson desiering of the Court a grant to take up neare the faalls of the Schuylkill three hundered acres of land;
rs
The Court Granted the Peticon. their request they seating and Improoveing s Lanid according to his honor the governors Regulacons;
Neeles Laersen desiering of the Court a grant to take up .neare the Lannd Granted by the Governor to Justice Israeli helm up the River twoo hundered acres of Lannd;
The Court Granited ye same bee seating & Improovehig
onor rnor
S' Land according to his h the Gove Regulations; Jonas Neelsen desiering of the Court Liberty to take up in the place called moherhuting above the mill on the west syde of the Run two hundered acres of Land,
The Court Grannted the same bee seating & Improoveing or
s~ Land according to his Hon the Governo:‑ Regulacons; Hans Boen desiering Liberty of the Court to take up oin the East syde of a Little Creeke w comes out of amesland' Creeke called mohurmipati2 twoo hunndered acres of Lanid,
1 The present Darby Creek.
2 Mohurmipatti, corrupted from Mokormpates or Mokornipalas, which
latter has since been changed to Mackinipa or Mackinipattus, the stream which empties into I)arby Creek to the west of Big Thoroughfare Creek. Penna. Archives, i. 28. Records in office of Secretary of State, Albany.
A friend of the editor was, some time during the summer of 1857,
standing near the point here indicated, when Andrew Boon, a veritable descendant of Hans, paddled towards him in his boat to hold a conversation, With a very little exercise of the imagination, he was carried back
to the time when the only mode of communication among the primitive Swedes, was by their faavorite element the water, and when the name of Penn had probably never been heard by them. This long possession, in direct descent, and iri the same name, dates from the reign of Charles Il. Local histories may yet exhibit more examples of this love of "paternal acres."
72 RECORD OF
petieonr
The Court grant the sanne, The seating and un
prooveing said Land according to his honor the governor s
Regulations
Moens Staecket desiering Liberty of the Court to take up one hundered acres of Land next above the Land granted to hans boeni;
the Court granted the Peticonrs
Request hee seating and or
Improoveing 8' Land accordinig to his hon the govern6.r! Regulacons;
Jan Boelsen desiering Liberty of the Court to take up one hundered acres of Land above the mill in amesland Kill. The Court granted the Peticonr! Request hee seating and Improoveing the sd Land according to his HIonor the Governors Regulaconis.
Justice otto Ernest Coch Jan hendrix & albert hendrix desiering Liberty of the Court foor Each of them to take up twoo hundered acres of Land between Calebs Creek and the Pyni tree ‑ The Court Granted the Petieonr.s Request
or they seating and ImprooveiTng s, Land according to his hon
the Govemo~s Regulacons;
Jacob hendrix desiering of the Court Liberty to take up one hundered acres of Land above on ye East syde of ye Crom kill ‑The Court Granted the same the Peticon': seating and Improoveing d Land according to his honor the govern6" Regulacons,
James Sanderling and Lace Cock desiering of the Court
an addition of twoo hundered acres of Laind to the former
Grant of this Court; its granted they seating & Improove
UPLAND COURT. 73
ing sU Land as well as the other according to his honior the Governor s Regulacons:
Jan Schoeten desiering of the C6r! a grant to take up 200 acres of Land above in the Schuylkill
The Court granited the Petieonr:s Request hee seating &
or ye ors
Improoveing s! Land according to his honn governn Regulaconis;
William orian acknowledged In Court a deed of sale of his Land & appurtenances Lying in marretties 1 kill unto Richard nnoble The articles of agreemt beare date the 10' r
of octob. 1677.
Jan Jansen of marrettjes kill desiereci of the Court a grant to take up one hundered acres of Land behind In oplands kill,'
r
The Court Granited the Peticon. his Request bee seating honor
and Innproovein,, s' Lanid according to his gn the Go
verno‑. Regulacons.
Mr
The Court haue ordered Will: Tom the former Clercq was ordered to deliver the Records of this Court to the prsent Clercq Ephraim herman The sd Mr Tomn being sent for and apearing in Court promissed to doe the same;
1 Marretties K111 called by Lindstrom (MS. Nap)' " MenzancMtonna and Ma‑jkes Kyl' La Riviere de iJiarikes," by Holmes (Map of Province), Marcus Creek; it is now known as Chichester Creek, and formed the upper boundary of the Marcus Hook patent for 1000 acres jointly granted in 1676 to Jan. Hendrickson and five others.
2 Opland'a Rill. By Lindstrom "uplands Kyl vel Tequirasi," 110W
Chester Creek. The Indian name of the region bordering on the creek was Meoo,onack.
74 RECORD OF
Hans Petersen and Donn: Laurentius Corolus; declared that they had this day n‑nutually agreed about their processe of the mare In mannner foollowing viz: That Each of them was to pay halfoe of all the Charges wth hacl accrued by s process, and that dom: Laurentius was to pay ouer and above the 8dhalfee the sume of twenty annd five gilders; aind hans Petersen declared that hee would haue nothi‑rng more to doe Wth s mare The Court did order that their s agreement should bee soe Recorded;
Capt Hans Inirgex' (?) is orclered & desiered by the
Wth
Court to warne his men belonging to his CompaTny and them to fitt up aind finish ye house of defoeince att upland
fitt for the Court to sitt in against ye nnext Court.
Laurens Cock Israell helm nnoenns Cock andries Benckson Ephraim herman Casperes Herman, Swen Lom, John dalbo, Jasper fiske, Hans moensen, frrederik Roomey, Erik mulk, gunner Rambo, Tho: ilarwood Erik Cock, Jan Cock, Peter Jockum, Peter Cock Junior, Jan Stille, Jonias neelsen, oele Swensen James Sanderling mathias mathiass debos and william oriann; prfeerrinng In Court a Peticon sheweing that they the above s Peticonir.s (being all Inhabitants and foor the most part borne and brought up in this River and parts, haue a great Inclination as well
1 Hans Jargin, an officer under Collier in command of the militia at Upland. The latter was, in 1676, commissioned by Gov. Andros "Commander in Delaware Bay and River," and was "to take care that the militia in the several places be well armed, duly exercised, and kept in good order and discipline." . . . Hazard's Ann., 425. The matter of "Military affaires " was the subject of some elaborate provisions "in the
Duke's Lawes."
UPLAND COURT. 75
for the strenigth of the River and parts as for the Convenience of Travelers and otherwayes, to settle together in a Towne att the west syde of this River Just below the faaalls. Doe therefoore humbly Request this woipp'.'‑. Court to move the Case to his honnor the Governor that they the peticonrrs may haue Each of them In Lotts Laid out one hundered acres of Land, w a fitt proportion of marrish as alsoe that a fitt place for a Towne may bee Laid out In the most Convenient place thereabouts wt? such priviledges and Libertys foor their Incouragement as shall bee thought fitt, and that the same may bee confirmed unto them by
governor
his hon6r the and the peticonrs will foorthwith seat accordingly etc;'
The Court annswer that they will send the Peticonirs Petition to his honor the govern6p and withall moove and in
Mor In their behalfoe.
treat the gove
onor
A Copy of his HI the Governo~ Letter to this Court, viz:
GENTLEM:
I: haue writt to ye Comander and this is to acquaint you also yt haueing his Roy" highnesse Leaue for my owne occasions this winter so as to Returne in the Spring all things being all well trough the Governm I intend God willin‑; going home in a ship bound here foor London Leaning all things to Remaine in all partes of the governm as nnow
1 It does not appear that this application foor a grant below the Trenton faalls was ever conceded, or the settlement made. As the Indian title to the land immediately below the faalls at Trenton had not then been extinguished, Andross was not willing the ground should be occupied, and foor this reason‑the petition may have been rejected.
76 RECORD OF
settled, and therefere Recommend yo' being verry vigilent and careful! (wich I: will not doubt) feor the due administrat)' of Justice in your severall stations and perticularly that Inferior officers doe their dutys foor the good & quiet of their respective places according to Law; any apeales to bee to the Court of azzises, w'' on Extraordinarys may bee sent to the Secretary Capt nicolls here, and if occasion to bee communicated to the Council I: am
(The superscription was) 0r affeectionate
For the Justices or mag‑ frind to serve you.
istrates of the Court of up land in Delowar River
Att Upland
The Court takeing into Consideracoii the Levy or Pole monny feor the defraying of the publicq Charges whereof the acct. was made upp the Laest Court and Calling ouer the List of the Tydable prsons in their Jurisdiction doe find that foor the payment of the s' Charges from Every Tydable prson must bee collected and Received the sume of twenty and six gilders to bee paid in Either of the following species (viz.) wheat at fyve ‑ Rey and Barly att four Gliders. pr scipple,1 Indian Come at three gilders pr scipple Tobbacco at 8 styvers pr pound porke at Eight and bacon at 16 styvers pr lb.: or Elce In wampum or skins att pryce Courrant; The Court fuurther ordering, and Impowring the high Sherrifoe Capt Edmond Cautwell to Receive and Collect the same sume of 26 gliders from Every Tydable in the annexed List set downe, and Ima case any
1 Scheepel Dutch for bushel.
UPLAND COURT. 77
prson shall Refuse the payment of the same the said high sherrifee is hereby Impowred by the Court to use Restraint upon any Refusing as before and after such Restraint to call together twoo of the rieigbours anid apraize the goods so strayned as befeore Returning the ouerplus (if any happen to bee) to the ownier, anid the s" high sherrifee to deliver in the accompts & bee accomptable to the Court of his said Receipts, betweene this and the 25"h of march next. The Sherrife to haue for his payrles in Collecting the said Levy after the Rate of 5 :s in the pound;
The Court haue allowed to Neeles Laersen feor this Courts sitting the sume of twoo hundered gilders; and the Clercq ordered to Enter the same;
The C6"! adjorned till 2 Teusday of march next
A LIST OF ME TYDABLE P'SONS1
ATT TAOKANINK (Taconey).
oele neelsen & 2 sons 3 Christiaen Tomasse 1
hans moens 1 Casper fisck 1
Erick Poulsen 1 Peter Jookum & serv! 2
1 Hereditary surnames are said to have been unknown in Sweden befoore the 14th century (Lower's English surnames, 7). A much later date must be assigned as the period when they became permanent' foor surnames were not in every case established among the Swedes in Pennsylvania, until some time after the arrival of Penn'when intermarriage and the more rigid usage of the English, compelled them to adhere to the last combination; as foor example with respect to the name of 01k Paul‑son, the "son" became permanently affixed to the name' and ceased to distinguish the degree of relationship. No little confusion, as an examination of early deeds will prove, has also arisen from the transposition of names. For instance, Eric Goranson, is Eric the son of Goran, and Goran Erickson is Goran the son of Eric (Watson's Ann., ii., 232). Peter Petersen is Peter the soii of Peter' and Swensen was originally Swen. Nilson or Neelsen may be found transposed to Jones, as in the case of the sons of Jonas
*
78 RECORD OF
hans Jurian 1 ode Stille 1 michull fredericks 1 andries Benekes 1 Justa Daniels & servant 2 Jan mattson 1 Jonas Juriaensen 1 dunek Williams 1 Hend. Jacobs upon y Isl 1 Tho: Jacobs 1 Erick Cock & servant 2 Jan Claassen & 2 sons 3 moens Cock 1 mathias Claassen 1 Peter nealson 1 franek waicker 1 gunnar Rambo 1 Will Thomasse 1 Lace Cock & servant 2 Peter matson 1 michill nealson 1 Jan Boelsen 1 andris Swen & father 2 Jan Schoeten 1 ode Swensen his servant 1 Jan Justa & 2 sons 3
Swen Swensen & son 2 Jonas nealson & son 2 John Stille1 1 Peter andries & son 2 SwenLom 1 51
Nilson, who are styled Mouns' Andrew and Neils Jones. Patent Bk A., 696, Phil. Sometimes an alias lends its aid to puzzle the enquirer, as in the case of "Peter Matson' alias Dalboo," "Peter Lykell alias Nealson." Deed Bk E., 4, 339. Will Bk A., 352, Phil. The names of Jans Justassen (alias Illack), and Pelle Laersen (alias Put pelle), in a subsequent part of this record, may also be instanced. The different modes in which the same name is spelt, sometimes occurring in the christian, sometimes in the surname, is another source of confusion' examples of which may be found upon almost every page of this Record.
The orthography of many of the names in the above list of " Titheables," has in the course of time been materially changed. Ben ekes or Bengsten, is now Bankson; Boen, has become Boon or Bond; Swem or Sven, Swanson; Cock, Cox; Jookum, Yocum; Rica or Kyn, Keen (Clay's Annals of the Swedes, 169); Mortense, Morton. Laurens or Lasse Cock' son of Oele Cock, was afterwards called Oelsen' which name was retained by his descendants, some of whom named Allison now or recently held property derived from their ancestor Ode Cock.
1 John Still was born near Tiuicum' in the year 1646, and died on the 24th April, 1722, and was buried in the church‑yard of the Swedes Church at Wicacoa, where his tomb‑stone still remains. He was one of the original trustees of that Church, and the pastor in recording his death, adds: "He lived a godly life in this world." His father, Olof Still, was doubtless one of the original Swedish colonists, as his passport or certificate of
character bears date December 2, 1634.Olof 86114 came from the lord
UPLAND COURT. 79
Lace Dalbo
1
CALKOENS HOEK
Rynier Peterssen
1
niort mortens Junior 1
ode dalboo
1
Bertell Laersen 1
andries Boen
1
moens Staecket 1
Swen Boen
1
hans Jurian 1
Pelle Rambo Junior
1
hendrik Tade 1
andries Rambo
1
andries bertelsen 1
Richard Duckett
1
Jan Bertelsen 1
m Jones ye hatter
1
Jan Corneliss & son 2
Joseph Peters
1
mort: mortense senior 1
Jan Cock
1
Lace inortense 1
Peter Cock Junior
1
neeles matson 1
harmen Ennis
1
from ye other syde 87
ariari andries at Peter Ramboos
1
anthony matson 1
hendrik Jacobs 1
ATT CARKONS HOEK
Jacob hendriex 1
andries homman & son
2
UPLAND
Pelle Ericksen
1
Claes Sehram 1
Benck Saling
1
Robberd waede 1
andries Saling
1
Jan hendricx 1
Laers Boer
1
Rich: Bobbinghton 1
hans Peters
1
James Sanderling & slaue 2
Pelle Puttke
1
John Test & servant 2
harmen Jansen
1
Jurian kien 1
hendrick holman
1
Rich: noble 1
ship of Penningby and Nyanes, in the duchy of Lodermania, about 3') miles south of Stockholm, then in possession of the noble faamily of Bielke. He resided below Tinicum, on a tract of land marked in Lindstrom's map "Stille's land," and called by the Indians 11 Techorassi"' or Teguirasi' and seems to have been one of the principal men of the colony, as we find him deputed by Governor Printz as the bearer of the official protest made by the Swedes to the Dutch Director, against the encroachments of the West India Company on the rights of the Swedish Crown on the Delaware. In 1658, after the Dutch took possession of the country, he was one of foour commissaries or magistrates appointed to administer justice among the inhabitants, and thus became a judge of the first Court of which history gives us infoomation, among the Europeaiis on the banks of the Delaware. He was also employed in various negotiations with the neighboring colonists and with the Indians, by whom he was styled "the man with the black beard." He died about th rear 1643(3. He was the ancestor of the present Still faamily.
80 RECORD 0F UPLAND COURT. 81
nodes Laersen & son
2
Tho: harwood
I
henry hastings
1
Jurian hertsveder
I
will: woodman & servant
2
andries Inckhoorrn
I
John hayles
1
lodger Pedrick
I
mich: Yzard
1
Christiaen Claassen
1
Jacob Clocker
1
MARR: KILL"
126
Jan Jansen
I
will orian
1
EASTERN SHOUItE2
Daniell Linsey
1
ode Dircks
1
morten Knoetsen
1
will Bromfield
1
Knoet mortensen
1
Juns Justasse
1
albert hendricx
1
Lace Colman
1
oele Coeckoe
1
bans hofman an his 2 sons
3
Carell Jansen
1
Peter freeman
1
oele Raesscn
1
moens Junsen
1
Thom: Denny
1
Poull Corvorn
1
John Browne
1
136
Rich: fredericx
1
136 Tydables in upland
Juris-
hans oelsen
1
diction 8
1 Marretties‑Kill, or Marcus Hook.
2 Although the Duke of York had renewed his grant of New Jersey to Berkeley and Carteret' Andros, under his sanction, claimed the government of West Jersey, which will explain why the limits of Upland jurisdiction were extended over a portion of the territory of that Province.
$ See note A. at end of Record.
Copia New Yoike august ye: 14t 1677 GENTLEMEN
These are to desire & authorize you to treat wt? ye
tors lindians Propri6 foor ye purchazing of a small tract of Land wt I: am iinfoormed is not yett purchazed and is about hal,foe a dutch or twoo English miles along the River side yor
betwixt Land and the Late purchaze up to the faals, wt done I: shall forthwith take Care for settling those parts,' I: doe not thinke of makeing anny Change in yo' Co? this Jeare niot doubtiugg yor Continued Care foor ye kings and Countrys service, and Remayne
Y,r affectionate frind
(Signed) E. ANDROSS
B THE GOVERNOR'
By vertue of my authority under his Roy': lElighnesse, I: doe hereby desire & Requier all prSonS that haue or Clayme any Land in Delowar River anid Bay that they doe wtout delay or assoone as Conveniently may bee make a due Return e to the Clercq of ye Cor t in whose Jurisdiction said Land Lyes of such their Land quantity & scituation according to ye surveigs Platts or Cards thereof, and the s Courts to make a Returne of the whole unto mee, and whether seated and Improoved that all such wanting grannts or pattents may haue them dispatched and sent,
Wch to This order to bee publisht in the severall Courts : take Care therein, and surveigor.s alsoe to give notice and
1 The Governor on. the 14th April' 1677, made a request similar to this of the Court at New Castle (Hazard's Ann., 437). 6
82 RECORD OF UPLAND COURT. 83
see itt bee obs;crved where hee shall Kmiow or find the
defeect acturn, In New Yorke this 13' day of august 1677:1
(Signed) E. ANDROSS.
Past ye office W NIcoLLs, cir
Forte James ye 19t' of May 1677
Prsent ye: GoVernor & whole Councill
Resolved and ordered that pleading attorneys bee no Longer allowed to practize in ye govermn but feor ye: dependinng Causes
Copy of ordr. in Counneill (Signed) W. NIcoLLs Clercq
The above standing were agayne feor ye second tyme
this C6rt day openly Read in full Cor : I
1 One of the "regulations and orders') under which lands were granted was "that if the purchasors shall not within three years after the Survey plant Seat or Inhabit upon the said purchasse they shall foorfoeit their Right, Title, and Interest therein " 11 Lawes " Title "Land," Col. N. Y. His. Soc. (1811), i. 360. The foorfeiture of land under this provision' and in some cases the desire to escape a foorfoeiture, will account foor the instances of fresh grants to other parties foor the same tract, and for the many confirmatory patents which were issued.
2 The reason for this prohibition does not appear.
Att a Court held att Upland In Delowar River by his may~~s authority, march ye 12' annoq Dom. 1679'
M' PETER COCK M'R PETER RAMBO prsent MR ISRAEL HELM
Justices
MRR LACE ANDRIES MRR OTTO ERNEST COCK MR OELE SWENSEN
LUKE WATTSON by Pit Edm: Cantwefl his attorn I JOHN GRAY Deft
Neither P't or deft appearing a nionsuit was ordered by Defaault;
JOHN ADDAMS in the Behalfee of his Mastr WILL: DERVALL the PLt attorney of John Foster j JOHN GRAY Deft
The Plt as attorney & substitute of his mastr William Dervall whoe is the Lawfuull attorney & assigne of John
fooster of ye Island of Barbados merchant, declares that this deft stannds Justly Indebted unto ye: s Will: Dervall, by his bill unto the s foster feor his this def :t one sixth part
of ye sd: bill the full and Just quantity of seven Thousand seven hundred & six pounds of good & merchandable Tobbaeco & Caske to bee paid the one halfe thereof ye:
10' of novembr now Laest past and the other halfe to be paid the 10 th r
of Novemb. next ensuing in some Convenient place. in the whoorekill County as by the said bill bearing
S
84 RECORD OF
date ye 5th of June 1677 more aft Large doth apeare; and ye Plt haueing often demanided ye payment of ye d debt that is to say the one halfoe thereof wth Security foor ye Remainder, Yet hee hath not Received any part thereof to this day, wherefore ye d P't humbly Craues of this worpp" Cdr! (sence ye: deft. has Remooved himselfe from the whoorekill) that hee may haue Judgem agst. ye deft wt costs; and dcisires tl‑nat ye boate belonging to this Deft: and by the Pl:' arrested may bee Condemned & publicqly sould foor part of paym Costs,
The deft being defa,,tult, and the P':t makeing the Justness of hi debt apeare, The Court ordered Judgem to bee Entered against the defoendant accordinig to the P't:s declaration feor the payment of ye one halfee of ye afeores', debt now due 's Security foor ye Remainder; and doe hereby order that the attached boate bee sould att an open outcry by the vendu mast on Satturday ye 23t of this Instant month of march, att ye Towne of New Castle, and that ye produce thereof bee Received by the Plaintifee In part of payment of ye aboves Debt w ye Costs;
DANIELL LINSEY Pl.t JOHN JOHNSON Deft
The Col haueing heard ye Cause doe find both partees faulty & defoective and therefoore doe order as feolloweth
That the deft pay the Pit according to agreement and as foor ye wintrin of ye Cowe and ye sowes The Plaintifee inig,,tged In Co to discouint aiid allow to ye deft: one of ye sowes due for ye same, and that the deft deliver more to ye P? twoo good Sowes and Each, to pay halfoe'ye Costs;
UPLAND COURT. 85
ANTHONY WOODHOUS Pl:t an attachm upon ye defts. HENRY BOAMAN Deft I goods etc:
The Cor by the Request of ye undersherrifee continued
Cor this action until ye next :t day;
MATTHS MATHIASSEN P't] an attachm of a cowe in SAMUELL COALES Deft .ye hannds of anidries Benck J son;
Neither P't or defeendt, apearing The C6r! ordered a nonsuit ag ye Pl:t.
JOHANNES DE HAES P" WILLIAM ORIAN Deft*
The Pl.' demands of ye deft by ballance of acct foor sundry goods etc. by ye Def.t: Received of ye Pl:t ye sume of one hundered seventy & Eight gilders & 4 styvers; foor Wch 5d sume ye Pl:t humbly Cranes Judgement annd that a Certayne Cowe bel.onginig to this Deft niow in ye hands of albert hen. driks & by ye P't attached may bee apraized etc:
The Cor haueing heard the debates of both partees and the Pl:t haueing in Co:t made oath to ye Justnnesse of his acct, The Cor ordered Judgem to bee Enterred against the deft. feor ye payment of ye d G 178, 4 wth Costs and doe order that the attached Cowe bee appraized by twoo Inidiffoerent prSonS foor the paymt of ye aboves Judgemt wt' Costs. Cort
albert henidriks & Jan Jansen are by the appointed apraizers of ye aboves attached Cowe;
Robberd Hutchinson as ye attorney of his Brother Ralph hutchinson whoe is ye Lawfull attorney & assiginee of Daniell Juniper of accomacq, This dy apeared in Court
86 RECORD OF UPLAND COURT. 87
and did in ye pesence of ye Court declare to hatie sould assigned and sett ouer unto M' Israell Helm then also there prsent his heirs and assigns a Certayne man Servant named Wiliam Bromfield for ye terme & space of feour Jears servitude now next Ensuing, We? 5d servant did feormerly belong unto ye abovenamed Juniper whoe hath Impowred ye 5d Ralph to dispose thereof foor annd In Consideracon whereof the ? Mr Israell Helm did. promise to pay & sattisfy unto ye gdralph or his order ye full sume of twelve hundered. Gilders, to bee paid according to an agreement made between them the 5d Robberd & Israell;
The abovenamed servant William Bromfield beinng in C6r' did pronnisse to serve the s m Israell helm faithftully & truely the above s terme of four Jears;
The worpp" Cbr! (upon ye Request of both partees conserned) Did order that we:' is abovesaid to bee so Recorded.
JOHN MOLL attomey 1 pit foor Tho: Heynson of maryl J CHRISTOPHER BARNES Deft
The Co' upon ye Def"s Earnest Request haue Referred this Case until ye next Court
Upon ye Peticon of Edmond Cantwell desiering Execution upon one serv & twoo Cowes belonging unto Xto
r
pher Barnes mortgaged unto him ye Peticon foor ye payment of 1870 lb of tobb¡. & Caske; The d Xtopher Barnes desiering of ye Co? that this Case might be suspended until next Court alledgeing that the debt was not demanded, and that hee would Endevour to pay
the same now out of hand; The Co suspended Executioni untill nnext Court,
Upon ye Peticon of Peter Bambo & Pelle Dalbo desiering a grant and Liberty to take up on ye East syde of ye Schuylkill Each 200 acres of Lanid
The Cor granted tlne saune the said Peticonrrs seating &
onor
Improoveing the s" Land according to his h ye gover
nors orders & Regulations;
Upon the Peticon of Andries Benkson desiering Liberty & a grant to take up 200 acres of Land in the Schuylkill,
The Court Granted ye same, the Petieonr seating & Tmprooveing the said Land, according to his Hon6r the Gouernor.s orders & Regulacons;
Upon ye Peticon of Lace andries in the beh,,tlfoe of John Wheeler & andrees Wheeler desiering a grant to take up for them boath 300 acres of Land in ye Schuylkill;
The Cor.t granted to ye sU John and andries Liberty to
take up 300 acres of Land they seatinng and Improoveing ye sd Land according to his Hon‑nor ye Governo:rs orders & Regulacons;
Upon ye Request of John Test & michuli Jzard desiering Liberty & a grant to take up Each 400 acres of Land;
The Cot anted the same They the Peticonir.s seating
. gr
& Improoveing 5d Land according to the Regulacons &
Honor or orders of his : ye Govern
Upon ye Request of ann
dries Jonsen Tnckhooren desiering a grant to take up 200 acres of Land in the Schuyikill Just befoore Bever Island;
88 RECORD OF
The Co' granted the same hee seating & Improoveing the said Land according to his Honior the Governors orders
& Regulacon;
Upon the Peticon of Lace Dalbo and Ode Dalbo desiering Liberty & a grant to take up Each 100 acres of Laind on the East syde of ye Scbuylkill,
The Co" granted ye same they tlne Peticon' seating &
Improoveing s Land according to his honn6r ye GoveMor : 8
orders & Regulacons;
Itt beinng Represented to ye Court that by Reason of ye Peoples dayly takeing up of Land neare the mill' of Carkoen Creeke, The s n‑nill would bee Left destitute of any Land to gett Timber feor ye use of ye d mill, The Cot iherefoore ordered that on the west syde of ye sd mill branneh should bee Laid out 100 acres of Land foor ye said mills use;
Upon the Request of James Sanderling and Henry Hastings desiering to take upp Each 200 acres of Land
1 This was the Swedish mill at Amesland Creek, or as it is here called'
"Carkoens" Creek, Carkoens having been a corruption of 11 Kakarikonk"'
the name confoeffed upon the region by the Indians. It was erected by Governor Printz in 1643, and was the first water‑mill built within the territory now embraced within the limits of New Jersey' Pennsylvania' and Delaware. Printz, in his Report to the West India Company, Feb. 20, 1647, says . . . "this place I have called Mondal, building there a water mill, working it the whole year along' to great advantage foor the country, particularly as the windmill foormerly here befoore I came, would never work and was good foor nothing" (Swedish MSS. Archives' list. Soc. Penn.). The site is well known, and is upon the road to Darby, the oldest highway in Pennsylvania, and the holes sunk into the rock in which the posts which supported the frame‑work of the mill wpe placed, are still to be seen near the Blue Bell tavern.
UPLAND COURT. 89
The Co1 granted ye same They the Peticonr,s seating amid
Improoveing the said Land according to the Regulacons or
& orders of his Hon6r ye goverrn the governor
Anthony Nealson Long brought in Co a certayne man servant named William Goaf whoeme hee has bought of moens Petersen foor the full Terme of three Jears servitude The s William Goaf beiing prsent In Cor :t did owne the same and did faaithfully promis to serve his said master honestly and trudy ye abovesu Terme of 3 Jears;
Hans Juriansen Kien of Taokanink This day apeared
in Cot and then & there did aknowledge a deed of conveigance bearing date the 9' day of this Instant month of march foor the makeing ouer unto his Brother Jonas Juriansen Kien, as foolloweth viz: one Equall sheare and Lott of Land In quantity iEquall wt ye shears & Lotts of ye: other Inhabitants of upland Towne or nieighbourhood, th all
w and singular the appurtenances Lying & Being in gn Upland afoores,,tid, The whole devident or tract of Lanid being heretofoore surveiged & Laid out foor ye six Inhabitants of upland Towne in generall Contaynes twelve hundered acres whereof the part & sheare of line the said Hlans Kien being one of ye said six Inhabitants is Twoo hundered acres as well Cleared Land as wood Land; wc' said 200 acres was thereby sould and made ouer as above, together w" the housing and other appurtenances standing upon the said Hans Kien his Lott of Land Lying and being att upland Towne afooresaid near the Creeke, betweene the houses & Lotts of James Sanderling and Jurian Kien; The said hans Kien did aknowledge alsoe to haue Received sat
go RECORD OF
tisfaction feor the prmisses from him the said Jonas; as by the said deed signed sealed & delivered by the s hans Kien ini the pTsence of Johannes De haes & Johnn addams & bearing date as above more att Large did apeare;
Jonas Juriansen Kien apearing in Court did then & there aknowledge & owne a deed of Conveigance & Transport foor the makeing ouer foor ever unto John Test Late of London mercht his heirs & assignes, al that the Land housing & appurtenances abovementionied By his Brother hans Kien the 9' day of this Instant month of march Transported & made ouer unto him the 5d Jonas Juriansen and aknowledged by him the said hans kien this prsent Court; Itt being feor and In Consideracon of Certayne sume of money by the d John Test to him the d Jonas kien In hand paid; alsoe the s Jonas by his d deed of Conveigance did Transport & make ouer unto the 8' John Test a certayne new Blocqhouse by him the 5d Jonas built on the abovementioned Lott neare ye water syde of ye Creeke afeoresaid; wth all and singular the appurtenances; w' aboves deed & Conveigance bears date the 11' day of this Instant month of march and was signed sealed & delivered by the sd Jonas kien in the prsence of Joh: Be haes and John addams;
John Test Late of London but now of Delowar merchant
apearing in Cor.t did then & there aknowledge & owne a certayne deed of Conveiganice foor ye makeing ouer feor Ever unto Marmaduke Randell of London merchant his heirs and assignes all that the Land housing and appurtenances
abovemenconed by Jonas Kien the 11' of this Instant
UPLAND COURT. 91
month of march Tranisported and made ouer unto him the said John Test‑_‑Itt being foor and In consideracon of Certayne sume of money to him the said John Test in hand secured as by the said deed bearing date ye 12' day of
this Instant month of march signed, sealed & delivered by the 5d John Test to ye use of him ye abovementioned Marmaduke Rendall, In the prsence of Johannes de haes & John Addams more att Large doth & may apeare;
Neeles Mattsen apearing in Co' did assigne Transport and make ouer unto James Sanderlins of upland his heirs & assignes, a Certayne Pattent granted by governor Richard Nicolls unto him the s Sanderlin y 6th day of august 1668,
ch
w said Pattent was foormerly by the 8d Sanderlin made ouer unto him the said neeles matsen. The contents of ye afoores' Pattent being as foolloweth viz: Whereas there are twoo Lofts of Land in upland att delowar upon ye north syde of the Creeke or kill niext and adjoyning to Izraell Helms & Joost Daniels Land and bounded w' villus Lace Wch
Containing in breth six & therty yards, s Lotts haueing been Laid out by ye officers att delowar Ly unmanured
and undisposed of, To ye Ennd some good Improovem may bee made Know yee that by vertue etc;
New Castle march ye 9th 167 GENTLEMEN
William orian Smith who Resides in the preinCtS of yor
rt CO, was here arrested and Condemned to pay unto Mr
henry Ward y sume of 130 gilders Including Court Chargis, hee
upon humble Request obtayneci the fauour of us that wee ordered Execution, to be suspended untill 8 , 8 Laest past,
92 RECORD OF
so that wee made orselves debtors or att Least Securitys for him, bee being Lately here promissed mee faithfuully not to depart from hence till bee had fully sattisfyed the said debt, but sence bee verry unworthily has broake his promis, our Requst is you will bee pleased to send the said William orian secure unto us, so that bee may pay his said Debt
and answer foor his Bold perremtory attempt and wee shall bee verry Reddy to serve & Indemnify you in the Lyke Kinde ~ wishinng you all health & happinis I: Rest,
yor Lov: frinde: The supperscription was JN¡ MOLL President'
To the wopp I,l Cor:t of upland, These p' Mr
Eph. Herman,
The Co upon the abovesaid Letter of Justice John Moll prsident, ordered that the high sherrife or his Deputys may take the s Will: orian in Custodie Wherever they fiud him
Corls
In this Jurisdiction, and Securely Carry him downe to New Castle wherever they find him according to desire;
Upon y desire of Ephraim Hlerman Clercq to this Co"t the Co" haue Granted him ye foollowing Certificate viz:
Wee underwritten the Justices of ye Co" of upland in delowar River doe hereby Certify and declare unto all whome itt doth or may Conserne, that nir iEphraim Herman being by the Right HonorY' Govern6r Edmond andros Con‑n
1 A title now applied to the presiding Judge of our Courts of Common Pleas and District Courts, and which was perhaps suggested by this early designation given to the "eldest or presiding judge" of each of the Courts at Upland, New Castle, and Horekills.
UPLAND COURT. 93
missionated Clarke to this Cor :t hath in his said office &
innploy Ever sence and ini all other publicq Consernes behaued himself vigilant carefull & honest, bee haueing
Carefuully & fully discharged his Duty therein and Lykewyse hath behaued himself Civilly & hath Given sattisto or
faction to all People This knowledge wee Certify amid in Testimony of ye truth hereof wee haue hereunto sett or hands beinng assembled & sitting in Cort at upland this 12
7 day of march 167
LACE ANDEJES LOCEINtJS PETER COCK OELE SWENSEN OTTO ERNEST COCK ISRAELL HELM
Neeles Laersen brought In his ace! foor ye Charges of this Cor~ sitting to ye sume of Seventy gilders wclhye C' allowed of;
ch , heretofoore ordered to bring Ini
The Hli‑ Sherrifoe bein 0
his accompt of ye Receipt of ye Levy etc the 25th day of march Instant, The Cort haue therefore appoinited a meeting to bee held by them the first day of april att upland;
TCor
he :t adjorned untill ye 2 Teusday of Jumie next.
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