1G78.] HISTORY OF DELAWARE COUNTY. 119 



"a levy or small tackx of fyve Gilders p"" head on every Tyda- 

 ble p'son," the payment to be made at Tinicum, thus .savin;^ the 

 great expense of coHecting, that consumed so much of tiie for- 

 mer levy. The Court not having imposed a penalty for non- 

 payment of this "'small tax," the Justices, upon assembling at 

 their November Court, found that their former order had 

 '' Layne dorment," and finding themselves ^^necessiated," issued 

 a new and very rigid order, "that every Tydable within the Ju- 

 risdiction of this Court, who have payed their levy Laest yeare, 

 doe w"'n the space of 14 days now next Ensuing come and pay 

 Each of them 5 Gilders as formerly, and that they bring ye same 

 unto Tinnccong Ysland in ye hands of M"' Otto Ernest Cock : 

 this order to bee published and fixed up att the churches of Wi- 

 caco and Tinnecong to ye end no p''son may plead Ignorance."' 



In the year 1675, Gov. Andros, among other regulations then 

 established, made an order remitting the quit rent for the first 

 three years on all new lands to be taken up and seated within 

 the precincts of the Delaware. Finding that persons were 

 taking up lands and not seating them, he issued another order in 

 October of this year, repealing and recalling his former order 

 except in respect to lands that had actually been seated. Lands 

 taken up and not seated and improved, and not duly returned, 

 to be forfeited, and to be disposed of as vacant land; that seated 

 and improved and not returned, to be returned within six months; 

 all arrears of quit rents since the Governor's arrival in 1674, 

 to be paid within the same time, and in future the payment of 

 quit rent was to commence with the taking up of the land. 



A Jury was empanneled in a case tried at this Court, being 

 the first which appears on the Records of Upland Court, and 

 was doubtless the first Jury that was empanneled within the 

 limits of Pennsylvania. Though not necessary under the 

 "■Duke's Laws"- to have more than six jurors, there were twelve 

 empanneled on the jury in question, whose names here follow, 

 viz: — "bans moens, dunk williams, Xtopher Barnes, Edm: 

 draufton, Peter Yocuni, Isacq Sauoy, Jan hendricks, Jonas 

 Kien, moens Cock, John Browne, Jan Boelsen, henry bastings."-^ 

 It required only a majority of the jurors to bring in a verdict; 

 but there is nothing to show that they were not unanimous in the 

 present case. The Court, however, determined to be judges both 

 of the law and the facts, ^'■suspended'' the verdict, and at the 

 next Court tried the case themselves, and reversed the decision 

 of the jury. 



The subject of mills claimed the particular attention of the 

 Upland Court. A year prior to this time, the Court had grant- 

 ed liberty to Jan Boelsen " to take up one hundred acres of Land 



1 Rec. Upland Court, 120. 2 n. y. Hist. Col. i. 357. 



» Rec. Upland Court, 107. 



