USA > Pennsylvania > Delaware County > Upland > The record of the court at Upland, in Pennsylvania, 1676 to 1681, And a military journal, kept by Major E. Denny, 1781 to 1795 > Part 3
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1. That the bookes of Lawes1 Establisht by his Roy" Highnesse and practized in New Yorke, Long Island, and
1 The "Book of Laws" was that compiled and established under the authority of the Duke of York, in which were incorporated some of the laws and usages of the New Netherlands, a description of which code may be found in the introduction to this Record.
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RECORD OF
dependences Bee Likewyse in force and practice in this River, and precincts, Except the Constable's Corts: County Rates, and some other things; Peculiar to Long Island,-and the militia as now ordered to Remain in the King; But that a Constable bee Jearly in Each place chosen for the preservation of his Mayties Peace, wth all other Powers as Directed by Lawe.
2. That there bee three Courts held in the severall parts of the River and Bay as formerly, to wit, one in New Castle, one above att upplands, another below at the whorekill;
3. That the Courts consist of Justices of the Peace, whereof three to make a coram & to have the Power of a Court of Sessions & decide all matters under twenty pounds wthout apeall, In wch Court the Eldest Justice to peside unlesse otherwise agreed amonghst themselves, above twenty pounds & for cryme, extending to Lyfe Limb or banishment to admitt appeale to the Cort of assizes ;
4. That all small matters under the vallue of fyve pounds may bee determined by the Court without a Jury, unlesse desiered by the partees, as alsoe matters of Equity ;
5. That the Court for New Castle bee held once a moneth to begin the first Teusday in Each month and the Co:rt for uppland the whoorekill quarterly and to begin the second Tuesday of the month or oftener if occasion ;
6. That all necessary By-lawes or orders, not Repugnant to ye Lawes of the Governmt, Made by the said Courts bee of force and binding, for the space of one whole Jeare, in the severall place where made, They giving an account
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UPLAND COURT.
thereof to the Governo", by the first opportunity : - and that no fines bee made or imposed but by order of Court.
7. That the severall Courts have power to Regulate the Court and officers' fees, not to Exceed the Rates in the Booke of Lawes, nor to bee under halfe the vallue therein Exprest.
8. That there bee a high Sherrife for the Towne of New Castle, River, and Bay ; and that the sd High Sherrife haue power to make an undersherrife or marshall being a fit p"son, and for whome hee will bee Responsable, to bee ap- prooved by the Court. But the Sherrife, as in England, and according to the now practice on Long Island, to act as a principall officer for the Execution of the Lawes but not as a Justice of peace or magistrate.
9. That there bee fitting Bookes provyded for the Re- cords, In wich all Judiciall proceedings, to bee duly and fairly entred as also publicq orders from the Governor, and the names of the magistrates and officers authorized, wth the tyme of their admission. The s:ª Records to bee kept in English, to wich all p'sons concerned may have free Re- course at dwe or sesonable tymes ;
10. That a fitt p"son for Clarke (when vacant) bee Re- comended by Each Court to the governor; for his approba- tion, in whose hands the sd Records to bee kept ;
11. That all writts warrants & proceedings att Lawe shall bee in his mayties name. Itt haueing been practized in the Govermt ever since the first writing of the Lawe booke, and itt being his Roy! Highnesses speciall Pleasure and Order.
12. That no Rates bee Imposed or Levys of mony made wthin the Towne of New Castle, River, or Bay by any
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RECORD OF
under what denomination soever wout the approbation of the Governo", unlesse upon Extraordinary occasion in Case of necessity, of weh the Governo", to haue p'sent acct sent him. That upon the Levy of any Rates there bee a faire acct kept both of the Receipts and disboursments, wch account to bee Given in to the Co't there to bee past and then sent to the Governo" for his allowance, untill wich not to bee a sufficient discharge.
Whereas by this Regulation there are no ouerzeers apointed nor Constables Courts, but all matters to bee de- termined by the Justices ; I: doe therefore Recomend the Composure or Referring to arbitracon 1 of as many matters particularly under the vallue of fyve pound as may pro- perly be determined that way, Provided it may bee by the Consent of Partees;
That any Prson desiering Land make application to the
1 The following was the provision in the Duke's Laws relating to Arbi- tration :
" All actions of Debt or Trespasse under the value of five pounds be- tween Neighbours shall be put to Arbitration of two indifferent persons of the Neighbourhood to be nominated by the Constable of the place; And if either or both parties shall refuse (upon any pretence) their Arbitration : Then the next Justice of the peace upon notice thereof by the Constable shall choose three other indifferent persons ; who are to meet at the Dis- senter's charge from the first Arbitration and both Plaintiffe and Defendant are to be concluded by the award of the persons so chosen by the justice." Collect. of N. York Hist. Soc., i. 308.
This enactment perhaps suggested to Penn the law on the subject of Peace-makers and Arbitration, by which it was required "That in every precinct, three persons shall be yearly chosen in that place as common peace-makers in that precinct." The "parties differing " were required to sign a Reference and submission of their matters in controversy to men so chosen as aforesaid, and upon a ratification of the reference by the county, was " as conclusive as a sentence given by the county court." Laws passed at Phil., 1st March, 1683.
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UPLAND COURT.
Court in whose bounds itt is whoe are Required to sitt once a month or oftner if there bee occasion to Give order therein & Certify to the Governo", for any Land not taken upp and Improoved fitt Proportions, not Exceeding fifty acres p" head unlesse uppon Extraordinary occasions where they see good Cause for itt, weh Certificate to bee a suffi- cient authority or warrt for the Surveigo's to surveig the same and with the Surveigors Returne to bee sent to New Yorke for the governo" approbation; That in the Certifi- cates be specifyed how much upland and meaddow wth due Reguard that Each may have a proportionable sheare, ac- cording to the place they are in Landward; Given under my hand & seale in New Yorke, the 25th day of Sep- temb". in the 28th Jeare of his mayties Reigne a. Dom : 1676 (Signed) E ANDROSS
The Cort ordered that Mr. William Tom1 the former Clarke should deliver unto the p'sent Clarke Eph: Herman, the Records and other publicq bookes and wrytings belong- ing to this Court ;
THO: SPRY PIt.
The estate of HEND: - Deft.
JOHNSON deceased
The Pit not appearing by himselfe or attorney, the Cort ordered a non suit to bee entered against the Pit wth costs;
1 This order appears to have been obeyed, for in 1677, Andros, to whom the papers had probably been transmitted, after endeavoring to arrange them, complained of their confusion, and returned them by the clerk, Mr. Herman, with a request that Mr. Tom " forthwith put them in order, and cause them to be fairly copied in a book." ... As Mr. Tom died in the following year, and his papers were reported in confusion (Hazard's Ann., 441, 448), it is probable the order was never complied with, which may account for the disappearance of the records.
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RECORD OF
Uppon the Peticon of Mr. Will: Tom desiering that Exe- cution might bee entered uppon the Record, against all those whoe shall deny to pay the sd Mr. Toms Just fees by him Earned during the tyme that hee was Secretar to the Cort, etc ;
The Cort ordered that Execution should bee Granted against those whoe should proove unwilling to pay the s !! Mr. Toms Just feez.
Uppon the Peticon of Justice Israell helm desiering to haue some Recompence for Haueing served the Riuer often and att sundry tymes as an Interpreter wth the Indians, etc ;
The Co"t answer that they will order the Clarke to wryt to his hon" ye Governo", about ye same ;
WHEREAS, itt hath ben Represented to this Court that the Estate of Hendrik Johnson deceased was made wast of & that the heirs of the sd hendrik Johnson (as yet being in minority) haue no guardian to take ceare of them & also of the said Estate; The Court haue thought fitt to nominate & appoint Jan Jansen and morten morten sen to bee ouerzeers and guardians of the s! Estate, and the goods and chattles of the deceased, who are to bring a true Inventory of the sd Estate into the office for to bee Recorded.
The Court thought fitt to wryte to his Hono", the Go- verno! the following Lettre
RIGHT HONORIR GOVERNOR
SIR :
Sence itt hath Graciously pleased yo', hono" to Com- missionate us Justices of the Court & Jurisdiction att
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UPLAND COURT.
uppland in delowar River; wee find itt of duty humbly to p"sent to his hono! the hereafter mentioned perticulars for wch wee Intreat yo". hono"s favorable grant and approba- tion viz;
1. That yo' hono". will bee pleased to Confirm the order made att the Last Gener !! Court here about the voolfes heads.
2. That his Hono !. will p'scrybe a way & order how the Charges of this Court when they sitt may bee found, Conciedering that wee all Live att a Great distance from o Court place, and the amercem's (by Reason of the small number of actions) amounting to Little; and that yo" hono. will bee pleased to Impower us, so that the old debts of the Court together with the debts sence yor honors go- vernment may also bee sattisfyed by the same way weh yo !. hono". shall prescrybe :
Lastly, M' Israell helm hath ben often Imployed by Capt". Cantwell, as Interpreter wth the Indians, who now makes application to this Court for some Recompense for his sd trouble & Losse of tyme of wch wee are all sensible. Wee therefore desier his hono. Either to prescrybe a way how wee may Recompense him, or order the same other- ways, so as yo. hono". in his wisdome shall think fit; soo praying God for his hono's health & prosperity wee Remaine
NOV. 14th 1676. Yo !. hono's humble and faithfull subjects the maijestratz of the Cort at uppland
By order of the Same
EPH: HERMAN.
Clarke
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RECORD OF
The Court makeing upp the accot wth neeles Laersen for the Charges of Keepeing of Court and Justices dyet there ; do find, that the same comes to 452 Gilders,1 whereof 200 Gilders is paid Last Jeare by Capt". Cantwell. Rest 252 Gilders Due.
The Cort adjorned untill the 2d Teusday in martch next, and no sooner by Reason of the winter Ceason, and so is to Continue and bee kept quarterly.
Att a Court held att Uppland In Delowar River March the 13th annoq Dom: 1676
MR PETER COCK MR PETER RAMBO
p'sent MR ISRAELL HELM
Justices
MR LAECE ANDRIES
MR OTTO ERNEST
CAPTN EDMOND CANTWELL PIt
JOHN ASHMAN Deft
1
An attachment of the defts Effects in the hands of francis Walker;
francis Walker appeared and sayed to haue formerly attached the same Cattle in his owne Suit etc; The Court thought good to Continue this action untill next Court;
EDMOND CANTWELL, High Sherrife Plt
RICHARD DUCKET & SWART ANNA Defts
This action is also Continued untill the next Court day ;
1 A guilder was equal to 40 cents of American currency.
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UPLAND COURT.
JUSTICE ISRAELL HELM PIt
OOLE OOLSEN Deft
The plt declares that this deft in a most abusiff and ma- licious manner did beat & strike this P! and wth many scandalous Evill words did abuse him ;
Lace Coleman Testifys that hee sawe the deft haue hold of the plt and that Justice Israell helms shirt was torne all in peaces; The def: Remaining absent; The Court doe order that the sd deft appeare att the next Court day to defend his sd fact, or In case of further default, Judgement to passe against him according to Lawe and merrit;
MORTEN MORTENSEN PIt
MOUNS STAECKE Def:
The pl: declares as p' declaration about an ox by this deft and his serv Killed etc ;
The pl's witnesses being supened & not appearing the Court ordered this action to Continue untill next Cort and if the witnesses do not then appeare, they to bee fined ;
MORTEN MORTENSE PIt } In an action of assault MOUNS STAECKE Deft and Battery
Jonas Nealson & andries Boen sworne in Court de- clare that they came wth the PIt to the house of Mouns Staecke & there did see the deft to Run against the pl: so that hee threw him backeward to the ground, hee the pl: haueing some meat uppon his bake, The Court doe Continue this action untill further order, and In the mean- tyme doe Recommend the partees to Compose the difference between them.
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RECORD OF
ANTHONY NEALSON PIt
LACE DALBOO Deft
The Plt not apearing by himselfe or attorney a nonsuit was ordered against the Plt wth Costs.
Uppon the Peticon of Johannes de haes sheweing that hee obtained a Pattent of the Late Governo". francis Loue- lace of a peace of Land Lying in the boght1 betweene the Land of oole fransen & company and ye creek called namans 2 creeke; wch sd Land was not yett surveighed, so that the Peticon" is uncertain of the quantity of the sª Land and therefore desiered That the Court would bee pleased to give order & withall a warrant for the Laying out of the s! Land etc.
The Court did grant the Peticon" his sd Request and that a warrant bee Given him for the surveigo". Laying out of the same.
The Charges of Keepeing Court att neales Laersens house and for the dyet of the Justices & Command! this day amount one hundred Gilders of wch the Cort allow.
The Court adjourned untill the 2d Teusday of June next.
Jan hendrikse aknowledged In Court a deed for a p"cell of Land by him made ouer unto William orian.
Will: orian made ouer ye halfe of sª deed unto michill Izard.
1 Bogt, a Dutch word, signifying bend of the river.
2 Naaman's Creek. Acrelius (64), states this name to be of Swedish origin, and calls it "Nymans Kihl ;" but Lindstrom, the best authority, writes it "La Riviere de Naaman," and it probably received its title from Naaman, an Indian Chief of some note.
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UPLAND COURT.
Att a meeting held by ye Commander & Justices att uppland, uppon the news of the Si- meco Indians comming downe to fetch the Sas- quehanno that were amonghst these River Indians etc, March the 13th annoq Dom. 1679
CAPTN JOHN COLIER Comand"
MR JOHN MOLL MR PETER COCK
Prsent
MR PETER RAMBO
Justices
MR ISRAELL HELM
MR LACE ANDRIES
MR OTTO ERNEST COCK
Itt was concluded uppon the motions of Rinowehan the Indian Sachomore for the most quiet of the River viz. That Capt". Colier & Justice Israell helm goe upp to Sacha- mexin1 (where att p"sent a great number of Simico & other Indians are) and that they Endeauor to p'swaede the Simecus the Sasquehannos & these Riuer Indians to send Each a Sachomore or Deputy to his hono !. the Governo". att New Yorke, and that Justice Israell helm goe wth them ; for to heare & Receive his sd. hono's Resolucons & answer to their demands ;
1 Shackamaxon.
4
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RECORD OF
Att a Court held att Upland in Delowar River on Teusday the 13th of June aº 1677
MR PETER COCK 7
MR PETER RAMBO
Justices
MR ISRAELL HELM
Prsent
MR LACE ANDRIES
MR OELE SWENSEN
MR OTTO ERNEST COCK 7
EDMOND CANTWELL P !! JOHN ASHMAN Def.
The Plt demands the quantity of 800 Ib of Tobbacco; for surveig"s fees of twoo tracts of Land as also for the Pattents and other Charges as p" acct and desiers that hee may haue Judgmt Entered agst the deft for the s. Sume & that the attachment by the pl Laid uppon some Cattle & other Effects of this Deft may stand good; etc.
The Court haueing heard the Reply of Robberd Ash- man the father of the sd John ashman, to the demands of the plt did think good to order That Judgemt bee Entered against the def: for the sª 800 Ib of tobbacco, and doo allow of the sd attachment.
ALBERT HENDRICS PIt
ANDRIES BERTELS Deft
The PI Complaines against the deft for haueing Killed wth a gun a certaine boare of this Plts
The Deft sayes that the boar hath used about his Land 6 Jeares and yt the sª boare was so cruell that no man Could passe wthout danger of being hurt by the sd. Boare, and that their Childeren were Lykevyse In danger.
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UPLAND COURT.
The Court after Examination 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;
Mª John Test brought In Court a certaine man servant named William Still, being a taylor by traede, whome hee the sd Test did aknowledge to haue sold unto Capt". Edmond Cantwell for the space and tearme of foure Jeares, beginning from the first of aprill Last past; The se Wil- liam Still declared in Court to bee willing to serve the said Capt. Cantwell the abovesª tearme of foure yeares ;
MORTEN MORTENSE PIt MOUNS STAECKE Deft
MORTEN MORTENSE PIt
MOUNS STAECKE Deft
The partees declared to haue agreed & that Each was to pay halfe Costs. 7 - The partees agreed as above Each to pay halfe Costs.
ANDRIES HOMMAN P !! LACE DALBOO by - Deft
James Sanderlin his
In an action of as- sault & battery.
attorney
The Plt declares as pr Peticon for yt ye. deft hath as- saulted & beaten him before his dore uppon his owne Land further threatning to do the Plt a mischief etc. Uppon the defts desier this action is continued untill next Court; and in the meantyme the deft is to bee of the Good behaivor.
Edmond Cantwell High Sherrife in ye Behalfe of o! Soueraigne Lord the King Indytes Richard Ducket the
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RECORD OF
servant of Lace Cock, for yt hee the sd Richard Contrary to the Lawes of the Governmt and Contrary to his Mas- ters Consent hath Kept Company & got wth Child a cer- taine molato wooman Called Swart anna; desiers punishmt according to Lawe & merrit.
The sd Richard confesses the fact but sayeth yt itt was wth Intention to marry the sd anna, promisses for the future not to frequent the Company of the sª anna, and Ingages to the Court to maintain the sd child as soon he is free etc; The Court did Remit the sª Richard his sd. offence uppon his humiliation itt being his masters desiere ;
June 14th 1677 Execution Issued out ;
Uppon The peticon of Lace Cock, sheweing that John ashman stands Indebted unto him 16 Ells of Serge for a blake horse, as also a mare, by the sª ashman bought of the pe- ticon'. desiering that hee may have Judgemt against the se ashman, and that a mare and horse now attached may bee condemned for the Pay- ment; Justice oele Swensen In- forming ye Court about the same, The Co" ordered Judgement against the sd ashman for a mare & 16 Ells of Serge, and allow of the at- tachment.
The acct of Lace Cock for Expensis of the Comander 1
1 John Collier, who had at this time command of the militia and sol- diers on the river, and resided at New Castle, in charge of the fort at that place. He was sub-collector of the customs, and Receiver of the quit rents.
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UPLAND COURT.
and Justices as also for the Indians att Sachamexin from March ye 14th till ye 18th of the sd month a. 1676, 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 sª sume shall Lykewyse bee sattisfyed and paid.
WHEREAS Peter andries made itt appeare to the Court (by henry Jones his attorney) that John ashman 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 sd. John for the s. 18 Ells of Serge; wth Costs.
11 Sept 1677 Execution issued . out
WHEREAS John Stille made itt appeare to the Court, that John ash- man stands Justly Indebted unto him by his bill beareing date ye 2ª of no- vemb'. a. 1670, The quantity of twelve hundered and fifty Ib of tobbacco to bee paid in Chaptank River in mary- land deducting foure Yards of Course Kersy Received in part of payment of the sª. bill. The Court ordered Judgemt to bee Entered against the sª John ashman for the payment of the said debt wth the Costs ;
JUSTICE ISRAELL HELM PIt
OELE OELSEN (als) COECKOE Deft.
The PI Complaines that at the plantat" of Juns Jus- tesse in his house hee the plt was first wth Evill words
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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 according to the merrit of the sª deft and that as hee is one of the members of the Court, hee may bee so maintained.
The deft sayeth that the plt 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 Tes- timony of Lace Coleman, Doe Condemne the said oele oelsen in a fyne of twoo hundered and Ten gilders; sixty thereof for the poore or Church and the Remainder one hundered and fifty gilders to the sherrife, and doe further order yt the sd oele oelsen doe humbly aske forgiveness of Justice Israell helm and the Cort for his sd offence which was openly done by the sd oele In Cort
The Cort & High Sherrife Conciedering that the sd oele was a poore man wth a great Charge of Childeren ;- uppon his humble submission did Remit & forgive him the one hundered & fifty Gilders fyne ;
WHEREAS Ruth the widdow of Thom: Jeacocx made itt appeare to the Court that John ashman att the tyme of his departure out of the Governmt stood Justly Indebted unto her the sume or quantity of one thousand Ib of Tob- bacco for a horse to bee paid in goods as they cost in mary- land deducting 8 Ells of Lockrum1 and 4 Ells of blew
1 Lockram.
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UPLAND COURT.
Linnen thereuppon Received. and Robberd ashman the father of the sd 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 wth Costs ;
ANTHONY NEALSON Pit LACE DALBOO Deft
The Plt declares that this deft wthout the Knowledge and order of the Plt hath taken upp his horse, and for some tyme made use thereof, wch said horse is sence that tyme not seen or to bee found; wherefore the PIt desiers Resti- tution of the said horse wth Costs ; James Sanderling as attorney for the deft desiers a Continuation of this action untill the next Court day ; wch ye Cort Grant.
HENRY WARD PIt
THO: DENNY Deft
The P! demands of the deft by bill beareing date 2ª of novemb !. 1676, the quantity of 400 Ib Tobb. dutch wth to bee paid in New Castle according to the contents of the s". bill, wth costs. The deft is willing to pay the debt the 10th of octob". next, saying that hee has had his pay Reddy all the Jeare but that the same was not demanded by the Pit and wth all that hee was not tymely arrested etc :
The Court ordered Judgement to be Entered against the def: for the sª 400 Ib of Tobb. according to bill wth stay of Execution untill the next Court day, wth Costs.
56
RECORD OF
JAMES SANDERLIN PIt - In an action of debt for 16
OELE SWENSEN Deft foxes.
The debates of both partees being heard; The Cort were proceeding to Judgemt; but before Judgemt was pro- nounced, The Partees did declare to haue mutually agreed & composed the buisnesse; and that the deft was to pay Costs ;
FFRANCIS WALKER Plt an attachmt uppon severall JOHN ASHMAN Deft of the defts cowes and horses
The Plt declares that hee the Pit Joyntly wth John ashman bought of Daniell wastcoate of Standford in New England, severall horses and mares, then Running in these woods, for wch horses they alsoo Joyntly past their bond unto the sd wastcoate for 7000 Ib of tobbacco certaine and 9000 Ib of tobb. uncertain of wch sd horses the def: hath taken upp and Carried away for maryland six horses & mares and one coult whereof the P! hath never any acct given him by the def: whoe Remains absent out of the Governmt Where- fore the P! hath attached severall of the sd horses yet Re- maining In these parts, as also some of the defts Cattle, and desiers that his sd attachment may bee allowed of and that hee also may bee paid for the Keepeing of the sª Cattle etc ;
The Co"t ordered that the Remaining horses of John ashman bee upon Execution and that the sª attachmt stand good; as also that the plt shall bee paid for his Keepeing of the sª Cattle ;
Capt". Edmond Cantwell is ordered by the Cort to keepe
.
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UPLAND COURT.
the Pattents of John Ashman (now in his custodie) untill further 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 Cort to bee dismist of his Constables place (hee haueing served out his Jeare) ; The Co"t Have nominated and appointed William orian, Constable for the Jurisdiction of this Cort for the Roome of the sª Albert; and was sworne accordingly ;
Jurian Hartswelder1 appearing in Co .. desiered to bee dis- charged of his place of undersherrife, he Remooveing his Living higher upp the River. The Cort did Grant unto the said Jurian hartswelder his Request, and wth the ap- probacon of the Co" The High Sherrife Capt", Cantwell did appoint Michill Ysard as undersherrife to this Cott In the Roome of the said Jurian hartswelder.
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