USA > Delaware > New Castle County > Wilmington > The records of Holy Trinity (Old Swedes) Church, Wilmington, Del., from 1697 to 1773 > Part 32
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convey the same to the proper use aforesaid, nor have they it in their power so to do. by reason that the estate of the aforesaid Andrew is thought not to be sufficient to discharge his debts, and the same is liable to his creditors. And further set forth, that the minister and vestry-men of the said congregation have from time to time chosen and appointed persons whom they called trustees, who together with their churchwardens, have in pur- suance of an article or agreement in writing, signed by the said congregation, directing them to do so, leased and demised a great part of the land and marsh aforesaid in small parcels or lots to divers persons receiving a small rent to be.paid yearly to them and their successors forever for the use of the minister as aforesaid, apprehending such leases to be good; and that many persons have paid the said rents yearly until this time, and others have refused, although they enjoy their lots under their aforesaid leases, knowing the said rent cannot now be recovered of them by the strict rules of law as the trustees and church- wardens who demised the same are long since dead, and could have no succession, not being incorporated. And further did set forth that the said land and marsh, and the rents, profits, money and stocks of money, arising and accruing therefrom have not been employed according to the charitable, and good intent of the givers and purchasers thereof, by reason of frauds, breaches of trust and negligence in those that should pay, de- liver, and employ the same; and that they were remediless in all and singular the premises, saving by the aid of the legislature of this government; and for redressing the same, and securing the land and marsh rents, profits, money and stocks of money aforesaid, for the uses intended by givers, and confirming the owners of the lots aforesaid, under the leases aforesaid, upon their payment of the arrearages of the ren' reserved and due on their respective leases, in their just rights and possesions, did humbly pray that it might be enacted.
And be it enacted, by the Honorable William Denny, Esquire, with his Majesty's royal approbation Lieutenant Governor, and commander in chief of the counties of New Castle, Lent and Sussex, upon Delaware and province of Pennyslvania, by and with the advice and consent of the representatives of the freemen
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of the said counties in General Assembly met, and by the authority of the same, that from and after the publication of this Act, in the Borough of Wilmington aforesaid, in the Swedes Lutheran Church, called Trinity Church, now built and erected there, and the piece of ground whereon the same stands and thereto belonging, bounded as follows, to wit; beginning at a stone where formerly stood a black oak near to the marsh, and running thence north ten degrees, east three perches and one tenth to a stake where stood a thorn bush, thence north three degrees, east sixteen perches and six tenths to a stake, with eighty-seven degrees, west twenty-three perches and thirty-six hundredths of a perch to a stake, south five degrees, east seven perches and eighty-one hundredths, south thirteen degrees east twenty-one perches to a stake, and north five degrees, east seventeen perches and eighty-eight hundredths of a perch to the place of beginning, and containing three acr's and eight perches. There may be one Divine and Godly preacher or minister, by a consistory of Sweden legally and duly licensed and ordained, and commissioned, and appointed by the King of Sweden, to instruct and teach, all his congregation in the knowledge of God, and of his word; and that the said min- ister with his congregation being natural born subjects of some of the dominions of the King of Great Britian, or naturalized according to an act of assembly of this government entitled. "An act for naturalization," may elect and choose nine vestry- men, and the same vestrymen as soon as chosen shall and may with the said minister elect and choose two churchwardens, for the taking care of all matters and things relating to the said church. And that the said minister for the time being, and the churchwardens and vestrymen, so to be appointed and chosen, and the survivors of them and such others as shall be from time to time forever hereafter chosen and nominated by them, or a majority of them, or of the survivors or survivor of them, an- nually on the first Monday of the month of May in the said church, in their places and steads, or of such of them as may happen to die within the year as often as the same falls out, and their successors shall forever hereafter stand and be incorporated, established and founded in name and in deed, one body politick and corporate, to have continuance forever, by the name of the
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minister, churchwardens and vestrymen, of the Swedes, Luth- eran Church, called Trinity Church, in the borough of Wilming- ton. And that thesaid minister, churchwardens and vestrymen, may have a perpetual succession, and by that name they, and their successors may forever have, hold, enjoy, the two tracts of land and parcel of marsh, the church and lot above mentioned, situate in Christiana Hundred, the county of New Castle and bounded as in a patent granted thereot by William Penn, Esquire, by William Markham and John Goodson, his proprietory deputies, to a certain Charles Pickering, dated the fourteenth day of October, in the year of our Lord, one thousand six hundred and eighty-seven, and containing five hundred and nine acres, with their and every of their rights, members and appurtenances (excepting such part or parts thereof as have been heretofore bona fide, and for a valuable considera- tion granted, bargained and sold, leased or demised, by tlie afoie- said Timothy Stedham, Henry Colesburg and Andrew Tranberg, or any of them, or by any other person or persons who had any estate in the premises), without any license of pardon for any alienation of them on any part of the same, or for mortmain, or any other law or statute to the contrary notwithstanding; and also all the letters, patents, indentures, deeds, evidences, books and writings, concerning the premises, or any of them. And also that they, by that name of incorporation, shall and may have full power, authority and lawful capacity and ability, to purchase, take, hold, receive, enjoy and have, to them and to their successors forever, as well goods and chattels as lands and tenements, and other things of what nature or quality soever; and also to grant, bargain, sell, demise, let or assign, in fee simple, for term of life, live; or years, such lands, tenements, goods, chattels and other things, by the name aforesaid, so that the yearly income of such lands, tenements, hereditaments, goods and chattels, so to be acquired (together with the two tracts of land and marsh aforesaid, being unsold), by the said body politick and corporate, do not exceed the sum of five hun- dred pounds, lawful money of this government. And that the said minister, church-wardens and vestry-men and their succes- sors, by the same name shall be persons able and capable to sue and be sued, implead and be impleaded, and to do, perform and
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execute all and every other lawful act and thing, good, necessary and profitable, for the said corporation, in as full and ample manner and form, and to all intents, constructions and purposes, as any other corporation and body politick or corporate, fully and perfectly founded and incorporated may do. And that the same minister, church-wardens and vestry-men and their succes- sors for the time being, may have and use a common seal, for the making, granting and demising, of such their grants, de- mises and leases, and for the doing all and everything touching or in any wise concerning the said corporation.
And be it further enacted by the authority aforesaid, that the indentures, deeds and conveyances of the above mentioned two tracts of land and piece of marsh, which had been made to the aforsaid Timothy Stedham and Henry Colesburg, in joint tenancy, and the conveyance aforesaid made by the said Timothy Stedham to the aforesaid Andrew Tranberg, shall, be and enure, and from and after the publication of this act, be taken to be and enure forever after, in all courts within this government, to the use, benefit, and behoof of the body politick and corporate aforesaid, and their successors, and to no other use whatsoever, anything in the said deeds contained to the contrary notwithstanding. And that the yearly produce, rents and profits of the land and marsh aforesaid, and of all other lands, tenements, heredita- ments, goods, chattels, money and stocks of money to be pur- chased, gotten, received or acquired, by the said corporation, shall be disposed of by the said corporation for the sufficient maintenance of the said minister for the time being, and for the repairing and enlarging of the aforesaid church, and for the sup- porting and keeping up the said body politick and corporate in such quantities and proportions as the body politick aforesaid, or a majority of them (always allowing the minister or head thereof, two votes or voices,) shall agree, direct and order, and shall not be converted or employed to any private use, or any other use whatsoever. And that the preacher and minister of the word of God, who shall be ordained, appointed and commissioned in manner aforesaid, to the said church in the borough of Wil- mington, from time to time, hereafter shall and may en'er into, have, hold and enjoy the church aforesaid, with the lot thereto .
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belonging hereinbefore described, and the parsonage house, in the borough of Wilmington aforesaid, built on part of one the tracts of land hereinbefore mentioned for the abiding, dwelling and residence of the minister of the same church, and now occupied and possessed by the present minister, the Reverend Ericus Unander, with its appurtenances, and also into four acres 2 marsh, being the remaining part of the marsh hereinbefore men- tioned, which is unsold, in and to his own proper use and behoof, for and during so long time as he shall be minister and preacher there without any other presentation, admission or induction.
And that no lease or grant shall ever be made hereafter of the said church and church lot, parsonage-house or marsh, with their appurtenances, or any part or portion thereof, other than such as shall determine and end, when, and as soon as any such person, who shall be the preacher or minister of, and in the said church, when the same lease or grant shall be made, shall cease and resign, leave, or be put out and removed from his said place of preacher or minister of the said church.
Provided always, and be it enacted by the authority aforsaid, that nothing herein contained shall be deemed and understood to make good or valid any fraudulent deed, grant or conveyance, made of the two tracts of land and marsh aforesaid, to or for the use of the minister or congregation of the church aforesaid, at any time heretofore; but that every person or persons, and their heirs, other than the person or persons from whom the same lands and marsh were purchased bonafide, and for valuable con- sideration, and their heirs, and other than the person or persons to whom the same were conveyed in trust for the use of the minister and congregation of the church aforesaid, formally called the Christina Church, although such trust or confidence were not expressed in such conveyance or conveyances, and other than the heirs, of the aforesaid Andrew Tranberg. deceased, by virtue of the deed herein particularly mentioned. shall still have, retain and keep all such estate, right, title, condition, claim, possession, rents, action, remedies. terms, interests, demands and hereditaments whatsoever, which they, or any of them, shall, and may have, or of right ought to have of, in and to or out of, the premises, or any of them, or any part thereof,
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as if this act had ever been made, other than fine or fines for any alienation thereof. and other than title and right of liberty or liberties, to enter into the same, or any of them, for or by reason of any statute hitherto made for, concerning or against any alienation in mortmain.
And, be it further enacted by the authority aforesaid, that every person or persons, and their heirs and assigns, who at any time heretofore possessed and enjoved any parcel or parce's, lot or lots of the herein before mentioned two tracts of land and marsh, by virtue of any lease or leases, grants or conveyances, justly and firmly obtained from any of the Churchwardens or others, bv the minister and congregations of the church, aforesaid chosen and appionted upon application and request made to the body politick and corporate aforesaid, and at the proper costs snd charges of such person or persons, shall and may have and re- ceive new leases, grants and conveyances from the said body politick and corporate. for the lots or parcels of land and marsh contained in their old leases or conveyances, so that the same do not contain any other or further covenants than were in the old lease and grants, and so that the same person or persons so apply- ing do first pay nnto the body politick and corporate aforesaid, all such rents and sums of money as shall appear to be due and in arrear from them for their said lots respectively.
And, be it further enacted by the authority aforesaid. That if the purchasers and possessors of the lots and parcels of land and marsh aforesaid, their heirs or assigns, by virtue of such leases and grants aforesaid, do not within one year from and after due notice given them in writing by the said body politick and cor- porate for that purpose, tender and pay unto the said body poli- tick and corporate, all such sums of money as shall appear to be justly due and in arrear from them respectively, for their said lots, that then and in such case the said body politick and corporate shall and may grant, bargain and sell the said lots, or any of them to such other person or persons as will buy the same, and for such sum or sums of money as the same will bring; and if the same should sell for more than the sum in arrear and due for the same, that then the said body politick and corporate shall pay the overplus to the former purchaser and owner thereof, all reas-
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onable charges being first deducted, and to the end that the said sums of money in arrear and unpaid may be ascertained.
Be it enacted by the authority aforesaid, That if the said body politick and corporate, and the present owners and possessors of the said lots, their heirs or assigns, cannot agree among them- selves, and fix the rents in arrear, or sums due for the same, according to their several leases and grants, that then and in such case, it shall and may be lawful to and for the Justice of the Court of Common Pleas for the county of New Castle, upon application to them made by either of the said parties, and they are hereby authorized, impowered and required; to enter, or cause to be entered, an action by the said corporation against such person or persons, their executors or administrators, ~nd thereupon to nominate and appoint three good and lawful men of the said county to audit the matters in controversy between the said parties, and ascertain the sum due from the said persons for their lots as aforesaid; which said auditors, or any two of them, upon six days notice given by the party so applying to the other, shall and may proceed in the premises and make their report to the said justices at the court next after such appoint- ment, who shall have power to correct, and control any errors that shall appear to them in such report, and give judgment thereupon; and the party or parties for whom the said judgment shall be given may have an execution on the same, with the costs of that action, any law, custom or usage to the contrary notwithstanding Signed by the order of the house,
JACOB KOLLOCK, Speaker
On the twenty-seventh day of October in the third year of His Majesty'sReign and in the year of our Lord one thousand seven hundred and fifty-nine, I assent to this bill, enacting the same, and order it to be enrolled. By His Honours command, RICHARD PETERS, Secretary. WILLIAM DENNY.
I do hereby certify that the above and foregoing seven sheets is a true copy compared with the record at New Castle. Given under my hand and seal this Ioth day of November, 1759.
R. W. WILLIAM, Mag. Rotul.
The 17th of November, 1759, was held the first church meeting of Holy Trinity Church's administrators in Wil- mington, when the pastor presented
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Ist. That it was necessary that some of the Church Council should be appointed in some manner to at the first opportunity make a list of all writings, deeds, leases, bonds, &c., belonging to the church, which was resolved, and Nils Justis and Justa Walraven were chosen, and with them were appointed Mr. Timothy Stedham and Henry Colesberg, who should select the day for themselves.
2d. The complaint of some of the congregation was presented who think that ti ey are wronged in that their children and particularly their daughters have to pay as strangers for a burial place in the churchyard, after they were married to strangers. Whereupon it was resolved that if they kept themselves connected with the church after they were thus married away, they themselves shall have the right to be buried in their parents' grave yard, but not their husband or children without payment to the church.
3rd. It was agreed that if any of the Church Council or church-wardens absent themselves from a notified meeting without good excuse, he shall pay 10 shillings; if he comes late and an hour after the appointed time, without showing proper hindrance he shall pay 5 shil- lings, and if any one goes away before tlie close of the meeting without leave, he shall also pay 5 shillings to the Church Council, and inake afterwards an apol- ogy. ₸
A. D. 1760 .- When Herr Provost Dr. Wrangell and Herr Magister Andrew Borell arrived here in April of the last year, they brought with them His Royal Ma- jesty's most gracious recall for me, dated June 12th, 1758, and also a commission for Pastor Herr Lidenius, to be my successor, but as the churches in Jersey were determined to keep their pastor, and to that end sent a petition to His Royal Majesty and to the venerable con-
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sistory and moreover the property of the church here stood in such great danger, I made an agreement with the ministerial council that I would remain with the church till their estate was in some way secured and an answer be received from Sweden respecting the succes- sion.
After I had last autumn succeeded in obtaining the before named Act of Assembly, I began at once to think of obeying the King's gracious recall, but as I was suffering from a lingering quartan ague up to that time and we had not yet gotten the church books nor accounts from the hands of Tranberg's administrator and so could not close them up, I have been obliged to tarry here until this time, being July, 1760, when I, through God's grace, have proceeded so far as to get the accounts so that one can see tolerably how much has been lost and how much is left. Mr. Duff, from New Port, has had the trouble herefor, and is to leave the statement with the church council at their next meeting.
Thus have I, by God's grace, as far as in me lay, worked for the good of this church of Christ, and declare now at the close that what is written down and entered in this book either by my own hand or Mr. Reinke's, is nothing but the truth, and I wish, in con- clusion, all blessings of the Most High upon this God's little flock and its future teachers henceforth.
That God's grace and blessing may be upon Chris- tina church, for all time, wishes from the heart.
ERIK UNANDER. (a)
(a) There is no record of the transactions of the vestry or congregation during the pastorate of Provost Borell from the time Mr. Unander left in 1760, to the coming of Mr. Girelius in 1767, but the baptisms and marriages, etc., were recorded and will be found in their proper order .- Translator. .. A leaf is torn out directly after Mr. Unander's last entry which may have contained the statement of the church accounts made by Mr. Duff, but it is not at all certain as the next two pages are blank.
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A. D. 1767 .- The 21st of October Magister Lars Girelius came as extraordinarius to this church, the then present Pastor Provost Magister Andrew Borell, who for the whole time he had been here had been quite sickly, was now very ill, and therefore requested the said Extra- ordinarius according to instructions to assist him in his. charge till he might by the will of God be better.
In accordance therewith the day afterwards I removed my things into the house of the provost, and on the 25th when the provost preached in English, though extremely weak, I began in the Lord's name my office in this church by reading all the prayers. And this was the last time Herr Provost was in the church, till he was borne there dead, and was buried, which took place after a long weary tearing sickness, on the 5th of the following April, 1768. During which time I supplied the congregation, preaching every other Sunday, Swedish and English alternately, wherewith (honor be to God, ) I was signally blessed so that next Easter Day, Monday after Easter, I administered the first communion in English that had ever been known in this church. I was assisted by Pastor Goransson, who was then here in giving out the Lord's Supper to fifteen persons.
On the roth, which was the first Sunday after Easter, there was preached a funeral sermon over the late Herr Provost before midday, in Swedish by Herr Pastor Anders Goransson, which was afterwards printed in Sweden, and in the afternoon in English, by the Pastor in Racoon and Pensneck, Herr Johan Wicksell.
On the same day after the close of morning service, the congregation were asked by Herr Pastor Wicksell if they were satisfied to have Extraordinarius for their pas- tor or did they wish for some other, whereupon the con- gregation unanimously expressed the desire that a petit-
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ion should be sent to the authorities for his continuance with them, and it pleased the High consistory to propose to his Royal Majesty, Extraordinarius Magister Girelius, for filling this pastorate. Meantime I was entrusted with the care of the church and the parsonage, with what belonged to it was given up to me, and the congregation promised to help towards my support, as I could not draw any salary until next year 1769, from the income. Directly after, the petition was sent over to the consistory, and His Royal Majesty's gracious commission for me to the Christina pastorate was received the December fol- lowing, and thus reads
We, Adolph Fredrich, by God's grace Sweden Gothe, and Vende's King, &c., &c., &c., Heir of Norway, Duke of Shleswicg Holstein, Stormaren and Ditmartshen, Count of Oldenberg and Delmernhorst, &c., &c., &c., make known hereby, that as the Consistorium Ecclesi- asticum in Upsala, has humbly and respectfully informed us that the charge of the Christina Church in America is vacant, through the death of the provost over tlie Swedish Lutheran Churches and pastor of the church at Christina, Magister Anders Borell, and also has respect- fully presented the Preacher Extraordinary Magister Lars Girelius, now serving as a missionary in America for the service needed there We have herewith, and in the strength of this, our open gracious commission, appointed him Magister Lars Girelius to be pastor of the Christina Church in America, and therewith granting him the salary and income of said pastorate. Let all to whom it concerns be obedient to carry this into effect, and for greater surety have I subscribed this with my own hand, and let it be confirmed with our Royal Seal.
Stockholm, Ist December, 1768, ADOLPH FREDRICH, A. ROSONADLER.
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N. B .- This commission was brought by Pastor Mag- ister Collen in May, 1770, and was, the following Trinity Sunday, by Priest Herr Johan Wicksell, after a previous introductory address in Swedish, publicly read.
As this congregation was in a very low state and much scattered, partly by reason of the late provost's poor health in the latter years partly by the disagree- ment betwixt him and the pastor at Wicacoe, I was especially anxious by the help of God as soon as possi- ble to attempt to build up what was fallen and gather what was scattered. I thought the surest and best means to accomplish this, next to the help of God, would be zealous and earnest sermons from the pulpit and thorough visitation of the members at their own homes, a faithful instruction of the young in christian doctrine and reli- gious duties, and upholding good order in the church and on all occasions of public worship. To effect these I began after several announcements from the pulpit on the 25th of November of this year between II A. M., and I P. M., to catechise in English at the parsonage as the most convenient place, and which I contined except some few weeks in winter, every Friday until the 2nd of June following, when I discontinued it for that timne At the same time I distributed among the youth some · small religious books, which the English Society for the propagation of the Gospel at the request of Dr. Provost Wrangel sent over to me to give out where I thought they were needed, and particularly to the Swedes at Egg Harbor, which last was done when Herr Pastor Gorans- son and Herr Pastor Wicksell in the summer visited Egg Harbor. I especially gave to the young for them to learn a little book called the Baptismal or covenant explained. And hereafter I will examine themn in the church every year so long as God shall be pleased to let me labor in this vineyard.
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