102 HISTORY OF DELAWARE COUNTY. [1675. 



should be cleared from place to place, within the precincts of 

 this government."**^ 



It was also ordered "that the church or place of meeting for 

 divine worship in this towne, and the aifaires thereunto belong- 

 ing, be regulated by the Court here in as orderly and decent 

 manner as may bee; that the place for meeting att Crane Hoeck 

 do continue as heretofore;" and "that the Church att Tinne- 

 cum Island do serve for Upland and parts adjacent." 



"And whereas there is no Church or place of meeting higher 

 up the river than the said Island, for the greater ease of the in- 

 habitants there, Its ordered that the Magistrates of Upland do 

 cause a church or place of meeting for that purpose to be built 

 att Wickegkoo, the w'^'' to bee for the inhabitants Passayunk & so 

 upwards. The said Court being empowered to Raize a tax for 

 its building and to agree upon a competent maintenance for 

 their minister, of all of which they are to give an account to the 

 next General Court, and they to the Governor, for his appro- 

 bacon." 



This Court also established regulations in respect to various 

 other matters on the river, among which was an entire prohibi- 

 tion of the sale "of strong drinke or liquors to the Indians by 

 retayle, or a less quantity than two gallons att a tyme, under 

 the penalty of five pounds;" and a prohibition against distilling 

 grain by any of the inhabitants, under a like a penalty. 



It was also ordered " that a ferry boate bee maintained and 

 kept att the falls att the west side of this river; a horse and a 

 man to pay for passage 2 Guilders, a man without a horse, 10 

 Stivers. '"- 



This is the earliest record of the proceedings of any Court on 

 the Delaware. They are recorded incidentally among the pro- 

 ceedings of the regular New Castle Court, for the early part 

 of 1677 (N, S.) The functions of this Court, which was intend- 

 ed to be held annually, were rather legislative than judicial. 

 The order "that Highways should be cleared from place to 

 place," seems to have been the first step taken for the establish- 

 ment of roads, in the States of Delaware or Pennsylvania. 

 It is our first road law. 



As early as 1672, the Court of Assizes, held at New York, 

 ordained in respect to Parochial Churches, "that y'' law be at- 

 tended [to]; but although persons bee of difi'erent judgments, 

 yet all are to contribute to y" allowed minister."^ Strangely as 

 this ordinance may contrast with the liberty of conscience grant- 

 ed in the articles of capitulation, when the country was first 



1 The manner of making the roads was left to the respective inferior Courts. 



2 Records of New Castle ; Liber A. 49, 50. 



3 Sec. State's Office, N. Y. " Court of Assize," ii. 323. 



