The Township Of Tinicum.

very much decayed and worn out,"¹ the deed "reserving ye churchyard as it now stands fenced in with ye said church, with free liberty to the inhabitants in general to repair thither to their devotions or burials."² Armgart also gave a power of attorney to the purchaser to receive possession of the estate from the sheriff.

² Book of Patents, Harrisburg, cited in Smith's "Atlas of Delaware County," p. 11.

In 1678, Arnold De La Grange, the son and heir, who had gone abroad, being now of age, came to the province, and went to Tinicum Island, claiming its possession. Otto Earnest Cock replied that he knew nothing of the matter; and if he, De La Grange, had any lawful claim, he ought to apply to the court, not to him, for his title was founded on its judgment; but if he wished to purchase it, he could have it for three hundred pounds sterling, or at an agreed-upon price. The young man thereupon became angry, and threatened to appeal to London. "That you can do," said Cock, "if you have money enough. All this affects me not since I have bought and paid for it and have been put in possession of it by the Court.''³ In the same year, 1678, Arnold De La Grange, in a lengthy petition to Governor Andross, set out the story of the sale to his father; the suit which was instituted against John Carr during his stepfather's absence beyond the seas, pleading the misnomer of Percilla for Margaret in the title of the suit, and that the judgment was defective because it was rendered against a man beyond seas, against a femme covert, and affected the vested right of a minor who was not represented in the suit in any wise. Concluding, he asked that the Governor and Council "will please to direct some way for his relief," either by a hearing in equity or an order requiring Cock to refund the sum paid by his father.⁴ Nothing seems to have been done with this petition; but De La Grange, just before the territory passed into the possession of Penn, began an action against Otto Earnest Cock at the Upland Court on June 14, 1681; but the quaint record states "This action referred till next Court that there's noe Court without Justice otto whoe is a party."⁵

⁵ Records of Upland Court, p. 189.

The following is verbatim the record of the case, copied front the docket of the

"Court held at Chester 22d 6 mo 1683.

"Arnoldus Delagrange, Plaintiff, Otto Ernest Cock, Defendant. The plaintiff sues and declares as heir to Tynnacu Island and premises: It is acknowledged by Jno White (ye defendt. attorney) that ye plaint's father was legally possessed of Tinicum Island &etc; premises in ye declaration mentioned by virtue of his purchase from Armgard Prince, but sayth (in regard pte [part] of the purchase money was only paid) that ye said Lady Armgard Prince had Tryall &etc; execution thereupon &etc; was put into possession of ye same premises and sold ye same premises to ye defendt.
The plaint (by Abraham Man his attorney) setts forth that hee ye sayd Plaint (who was Heire to ye sd Island) at ye tyme of se sayd Tryall &etc; Execucon was then und age &etc; in Holland, &etc; therefore could make noe defence, &etc; further yt the said Heire (the Plaint was not menconed in ye said Tryall; the Accon being comenced against one Andrew Carre &etc; Prissilla his wife, mistaken in ye execucon for ye mother of ye Plaint, whose mother's name was Margaretta.

"The Testimony of Nicholas More, Secretary in writing and his hand produced on behalf of ye plaint:

"Shackamackson, ye 20th of ye 5th month
al July, 1683.

"I do solemnly declare that about ye moneth of May last past of this present yeare, Mr. Otto Ornst Cock of Tynnacu Island came to mee at Shackamackson (having before spoken to me of a Tryall yt was to bee at Upland, Between Mr. Lagrange &etc; himselfe, about ye Island of Tynnacu, and told mee among many other things that hee wished hee had never sold mee ye said Island, and said hee. Hee wished he had lost 50£ rather than to have put his hand to eyther my Conveyance or Mr. Lagrange Agreemt, saying that hee was undone. 'Why? said I. 'Because,' said hee, 'I have wronged Lagrange children from their Rights.' 'Well,' said I, 'Mr. Otto, if you beleeve In yor concience that ye Island is his let him have it. I will not take any advantage of it, either against him or you.' 'Yes,' said hee, 'it is his, and if you will doe soe &etc; part with it, I shall give you thanks and repay you your charges.' 'Well,' said I, 'you shall have it, and I will endeavr to make Mr. Lagrange &etc; you ffriends without any wrong.' This was in ye presence of Major Fenwick, Thomas Fairman &etc; Michael Neelson, all which I attest under my hand.

"N. More, Secretary.

"Israell Helme's Deposition:

"Israell Helme being required to declare what hee knowes, concerning ye Bargaine between ye sayd Armgard Prince, &etc; ye Plaints ffather for Tynnacu Island &etc; premisses, deposeth That Lagranges ffather was to give ye sayd Armgard for ye same Six Thousand Dutch Guilders, and yt hee knows there was three Hundred Dutch Guilders thereof pd, but knows of ye paymt of noe more; And further sayth that ye Three Thousand Guilders (which is Three Hundred pounds) was to bee paid in this Countrey by agreemt between Jacob Swanson &etc; ye ffather of ye Plaint &etc; further sayth that when the Plaints ffather dyed, hee ye said Plaint was a little child; and further sayth not.

"ffop Johnson's deposition:

"ffop Johnson being required to declare where hee knowes in ye premisses, Deposeth. That hee ye said ffop &etc; ye above mentioned Israell was desired by Mrs. Armgard Prince ats Popinjay, to demand ye remainder of ye sayd Six Thusand Guildes which was Three Hundred pounds of Mrs. Delagrange (ye Plaints mother) And yt shee ye said Mrs. Delagrange (upon ye same demand) sayd shee could not pay it, and further sayth not.

"To which ye sayd Plaint replyes (by his aforesd attorney) That if the Deft can make it appeare ye sayd money is unpayd, and can shew their Right to receive it, hee is ready to discharge what can be made appeare to remayne due of ye sd Purchace, But denyes yt ye Deft hath any legall right to demand ye same.

"The Juryes Verdict. The Jury finds for ye Plaint and alsoe give him his costs of suite and fforty Shillings damage, the Plaint paying to ye Deft Thirty &etc; Seaven pounds &etc; Tenne Shillings, according to an agreemt betweene ye Plaint and Deft produced &etc; Read in this Cort &etc; alsoe delivering ye Block house &etc; pticulers in ye same agreemt mentioned.

"Judgmt is thereupon Awarded."

Execution was issued on this judgment, for at the October court, 1683, "The Sheriff made returne of two executions, one against Henry Reynolds . . . the other against Otto Earnest Cocke att ye suite of Arnoldus Delegrange for ye Island of Tinicum." The plaintiff having acquired possession of the estate, in less than a year sold the island, for at the September court, 1684, "Christopher Taylor, President (Judge) in Open Court deliver over a Penall Bond of Performance for four hundred pounds unto Arnoldus Delegrange &etc; bearing Date ye 2d day of September, 1684, being for the payment of two hundred pounds att or upon ye 1st day of November 1685." Christo-