Record of Upland Court

Record of Upland Court - 1681



Att a Court held att Kingsesse foor Upland County in Delowar River by his mayti02 authority June 14t 1681;


pr,,,tMR ISRAEL HELM                             Justices


CAPTE ED1r: CANTWELL high Sherrifoe

Justice LAURENS COCK P't             the deft 21: default JUSTA JUSTASSEN       Deft I

The Cort Continued this action till next Cort day;

ANDRIES BOEN                       pit   the deft returned non MOENS PETER STACKET Def t J Est Inven‑tus


This action refoerred till next Court by reasoni that there's

noe Court wt)out Justice otto whoe is a party.

Justice Henry Jones & Justice George Browne were

boath fyned foor not attemiding ye Court to suply their places

Each 10 pounds according to ye Law booke.



The P" not appearing was nonsuited w Costs;

William Boyles acquaints ye Cor that one Robberd michill niext heir of Robberd hoskins deceased, is att prsentalyve in England, and that hee ye sd will Boyles is by him ye s Rob: mjchjfl desiered to take Care of ye Estate of ye 5d deceased hoskins wthin this Country;

190                               RECORD OF

June 1411 1681

Upon Complaint of Christiaen Claassen; ordered that william Baale Give sattisfaact: to Cristiaen foor what Land hee had Cleared and all fturther Improovem in Equity

Claes Jansen brings ini ye Eare marke foor his Cattle &

hoggs & desires that ye same may bee recorded; Granted

& is as feolloweth viz the foremost syde of yeEars halfee

cutt away;

Justice George Browne appeared and sate in Co' being

hindered to come sooner feor want of a passage over ye



SWEN Lox Deft

Jurys niames The P't declares ag"t ye

James Sanderlins Will Boyles deft: feor a peece of Land

John Boeyar harmen Ennis Lying in ye Schuylkill

will: orian andries peterss: etc. The deft replyes

& oele raesen that hee has had ye first

grannt & survey & paid

quit rent.

The It craues a Jury WĄ was Granted and ye Jury Impannelled & sworne & ye: Case before‑them debated, they went out and returning brought in their verdict as followed vizt wee find foor the deft: the Co' doe passe Judgemt according to verdict;

Justice Otto Ernest Coch acquaints the Court, that hee has bought and paid of ye: Indian PrDpriet6r! a certaine swampy or marshy Island called by ye li:idians quist­


June 14 1681

conck 1 Lyinng att the upper End of Tinnachkonck Island in ye river opposit andrews Boones Creeke; and desires ye corts approbation. The Cor :t haueing well lnfeormed them­


selves about ye             'es, doe allow thereof.

Upon ye Peticon of magistr Jacobus faabritius; ordered

C) that ye Church wardens of ye Petieonr:s Church doe take

care that Every one of those as haue Signed & promissed towards his maintaynance, doe pay him ye sumes promissed, upon payne of Execution ag't ye: deffective; 2

1 This appears to have been the present Hog bland, and to which Lindstrom (MS. Map), assigns the more dignified name of "Keyser Eyland, Tie des Empereurs."

'Jacobus Fabritius was a Lutheran Pastor, and by the consent of Gov. Lovelace, came to New York in 1669' upon the invitation of that denomination. He was soon involved in a difficulty from an attempt' at Albany' to impose a fine on Helmar Otten' who had married in opposition to the views of Fabritius, but in accordance, it is alleged, with the law, and also with the sanction of the magistrates. For this he was suspended, by Lovelace' from the exercise of his functions at Albany' although he was allowed to preach in New York. In 1670 he came to New Castle furnished with a recommendation from Lovelace to Deputy Gov. Carr. His difficulties, however, were not at an end, and in 1675 he was suspended from the ministry. Afterwards he removed to the Delaware, having accepted an invitation from the Swedish congregation at Wicaco, to become their minister, and in the Block House, which had been built at that place foor a defoence against the Indians, and was now for the first time occupied as a house of worship, he preached, in the Dutch language, his first sermon on Trinity Sunday' 1677. He remained with them 14 years, the last nine of which he was blind' and died about the year 1693. His life was not peaceful, and his difficulties were probably the result of too obstinate an adherence to opinions, when a timely concession, without a sacrifice of principle, would have, in all likelihood, led to the accomplishment of more good in his office. The celebrated John Kelpius, "The Hermit of the Ridge"' had been' previously to coming here'in 1694, a student of Fabritins at Hehnstadt (Hazard's Ann., 373, 381, 420, 438. Clay's Aiin.Y 39.

Hazard's Reg., 1., 281.Col. Records, i., 348).



UPLAND COURT.                         193

June 14th 1681


The deft alleadging that hee was not tymely arrested;

The Case is referred til next Court;

Upon Complaint made by ye overseers of ye highways; The Court haue and doe hereby Condemnle John Champion to pay a fyne of twenty and fyve Gilders, for his niot workeing upon ye highway when due warning was Given him;

Upon ye Request of william warner1 & william orian; ordered that ye severall people that hold Lands; of that

'William Warner the elder, the progenitor of numerous descendants of the same iiame, settled, according to Mr. Watson, on the west bank of the Schuylkill, and at the place referred to in the text, as early as the year 1658, and the Annalist remarks, "what an isolated existence in the midst of savage beasts and men, must such a faamily have then experienced" (Annals i., p. 11). Mr. Hazard, however, "after diligent enquiry among the descendants of Warner now living, can find no knowledge or tradition of the fact." . . . (Ann., 455.) It is possible that the researches of Mr. Hazard were, in this case, prosecuted at a period too late to elicit information. Upon the authority of a statement made in 1833 by Mrs. Ann Warner, who died in 1843' aged 80 years, and who was the widow of William, a great grandson of the original settler, it appears that the latter having been a Captain in Cromwell's army, left England upon the death of the Protector in 1658. Unless the seclusion which Warner may have sought shielded his movements from observation' it is difficult to reconcile the fact of his occupation at a period so early' with the entire absence, of any allusion to the circumstance in contemporary statements, so far as we can learn, aiid this in view of the jealousy of the Dutch and Swedes towards the attempts of any other people to establish themselves among them The date of his leaving England may have been erroneously set down as that of his arrival here. He however arrived at an early period, and as he was from "Blocldejj," Worcestershire, the name he conferred upon his plantation was afterwards given to the township. William, a grandson of the pioneer, was made "Baron" of the Schuylkill Fishing Company, foounded in 1732 ‑ a title which was given to him from the circumstance of his having been the owner of the estate upon which the "Colonial Hall" of

June 14th 1681


ye petieonrs

w                       bought of ye Indians Lying in ye Schuylkill Every one to repay to ye peticonr proportionable to ye: quantity of Land they hold there‑the whole purchazew?ye peticon paid being 335 gilders; and ye foollowimig pTsons holding Lamads wthin that Limit, viz! andries Inckoren 200 acres andries homman 200 acres Pelle Laersen (als) Put pelle 100 acres, Peter Erikson 200 acres will: warner 100 acres will: orian 100 acres John Booles & John Schoeten 400 acres Swen Lom300acresofLand. Each of ye: aboves'prsons to pay proportion able to ye quantity of Land they hold as aboves

Upon ye request of Peter Jocum ordered that Peter rambo Cause his marsh Land according to pattent to bee surveyed to ye End s Peter Jocum may know what is Left to him;

Benck Salung sworne in Co' sayeth that beirndrik Colman tould him that hee heard moens Staecket say that all the Court were Rogues;

The Co' ordered that Execution should bee Granted to ye Sherrifee; upon ye Corts amerciaments due according to ye List drawne out, & aireddy in ye s5 Sherrifs hands for ye Collect‑ing of ye s amerciaments according to Lawe.

Upon ye severall peticons of the afternamed persons,


The Granted unto Each of them ye quantitys of Land hereunder Exprest, to take up they ye Peticon8 seating and ImPrOOveing ye same according to Lawe and regulacons;

the Company was built; and Isaac' the son of the latter, was afterwards chosen "Chief Warden of the Castle and its Dependencies" of this ancient institution, which still flourishes in unabated vigor (Article "B10C1d13!J," Rees's Encyclop., Blat. Mem. of Schuylkill Fishing Co., Phil., 1830, pp. 13, 40. Exemplicatiox, Bk No. 1, Pattent Bk 4. Deed Bk R. L. L No. 47, p. 265, Phil.). 13

194                              RECORD OF

June 14tb 1681

Granted unto Reynier Petersen to take up 200 acres

Andries Boon                                               200        Will: Warner Senior    400      Rich: Tucker                                                           100 acres                       Otto Ernest Coch 400 acres Lynall BrittaiP                              200 acres                       Jan Claassen    200 acres

Upon an Inforination of Will: Coyles ye Constable att ye faals ag Gilbert wheeler att ye d faals, for selling of fst‑rong Licquors by retayle to ye Indians Contrary to ye Lawe & ye foorwarning of ye s Constable, wc;' s Innformation was Lykewyse by Justice Geo: Browne auerred to bee truth; The Cort haue and doe hereby Condemne ye sd Gilbert wheeler to pay as a fyne ye sume of foower pound; for his s trespasse, according to ye Expresse Lawe of ye Governm~ togeather ye Costs (als) Execution.

The C haue this day authorized and appointed William Boyles9 to bee survr & overseer of ye highwayes frrom the faaales to Poetquessink Creek; hee to take care‑that ye s highwayes bee made good & passable, w bridges over all myry & dirty places; betweene this & ye next Co and all ye Inhabitants Living wtiu ye Compasse aboves to bee reddy to doe & compleat ye s way upon due warning given by ya s overseer; the unwilling to bee fyned according to former order & practize;

The Co adjornd, till ye 2d Teusday of ye mOnth,orSeptembr inext.

1 Probably intended foor "Lionel Britain

England, who arrived here 4th mo., 1680 R ier of Arrivals, Bucks

Co., Doylestown).


UPLAND COURT.                         195


WHEREAS his mayt hath ben Graciously pleased by Letters Pattents bearing date ye 4th day of march Laest to Give and Grant to Will: Penn Esqr: all ye tract of Lannd in america now called by ye name of Pensilvania feormerly under ye Protection and Governm to his Roy' highnesse, as ye same is bounded on ye East by Delowar River from twelue rniles distance northwards of New Castle Toune unto ye: three and feorthieth degrees of northerne Lattitude if ye s River doth extend so farr northward then by ye said River so farr as itt doth Extend and from the head of ye 5d River ye Eastern bounds to bee determined by a meridian Lyne to bee drawne frrom ye head of ye s river unto ye 5d three and feorthieth degree ye same to Extend westward five degress in Longitude to bee computed frrom ye sd Eastern bounds, and to bee bounded on ye north by ye beginning of ye three and feorthiet degree of northern Lattitude & on ye South by a Circle drawn att twelve miles distance from New Castle northwards and westwards unto ye beginning of ye feorthieth degree of northern Lattitude and then by a straight Lyne westwards to ye Limit of Longitude afeorementioned wth all powers preheminencies & Jurisdictions necessary feor ye governm of a province as by ye s Letters Pattents doth at Large apear, w? wth his MaY'."R Gracious Letter Directed to ye Inhabitants and Planters Wt~in ye 5d Limits and a commission from ye s Will: Penn to ye bearer hereof WilI: Marckham Esqr to bee his Deputy Governor of ye 5d Province, haue ben produced and shewn to us and are Enterred upon Record in ye office of Records foor this province, and by us highly

196                              RECORD OF

approoved of as his may':‑ Roy':' will and plasure Therefoore thougt fltt to Intimate ye same to you to prevent any doubt or trouble that might arize and to give you or thankes foor yo good Services donne in yor several! offices and stations durim3,g ye tyme you remained under his Roy highnesse‑ G6vernmt Expectinng nnoe fuurther account then that you readdily submit annd yeeld all due obedience to ye? Lett Pattents according to ye true Intent and meaning the in ye prforrnance and Injoyment of we? wee wiesh you all~happinesse

New Yorke. 21s:t June 16 81.

To ye severall Justices (signed) ANTHONY BROCKHOLLS of y peace rnagistraets and other officers Inihabiting wtin ye bounds and Limits abovementioned Now called Pensilvania

By ord in Councill etc


C1 Counc: