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The Answer of John Richardson Defendant to the Bill of Complaint of John Stevens Appeallant.

The Said Deft, by Protestacion not Acknowledgeing or Confessing the matters in the said bill of Complaint Contained to be true in Such manner and forme as in the Same they are Sett forth, and Alleadged, Sayth that the said bill of Complaint is very untrue, uncertaine, and Insufficient in the Law to be Answered and the matters therein surmised Enviousely Devised and unconscionably Contrived Imagined and Sett forth only on purpose to vex and molest this Defendant and to putt him to greate Travill Expences and Charges of Suite without any Just Cause or Good matter as this Deft, hopes to prove to this honnorable Court Nevertheless the Advantage of Exception to the Insufficency and uncertainty of said Complaint and all other Advantages to this Defendant at all times here after saved The said Deft, for Answer sayth That True it is That on or about the 18th of July 1676 this Deft, being then an Inhabitant in Maryland and Desireous to Remove himselfe and family and to setle on the West Side of Dellaware bay Applyed himselfe to Mr. Thomas Phillips Deputy Surveyor (who as this Deft, was Informed had power to Survey and Lay out Tracts of Land for Improvement in those partes) for a Convenient Accommodacion and Settlement suitable to his family and servants who Accordingly Layed out and Surveyed to this Deft, a Certaine Tract of Land Called Willingbrook on the West Syde of Delaware bay and on the North Side of a branch of a Creeke of the said Bay Called Duck Creeke Bounded as by the Certificate^[1] under the hand of the said Thomas Phillips may Appeare and Containeing about 2000 Acres by vertue of which Survey this Deft, became Possessed of the said Tract of Land and Immediately proceeded to make Improvement thereon by building a good and Substantiall house and on or aboute the 18th of August following Did make a Contract and Agreement with one Thomas Crompton^[2] for some time to Live thereon and to Improve the same by Cleareing of Land Rayseing of Stock Planting An orchard Fenceing and all other Improvements of husbandry untill this Deft. Could wholy remove himselfe and family which was accordingly followed and the said Thomas Crumpton by Right of this Deft, putt in possession of the premisses as this Defts. Tennant and his said Tennant there Remained Quietly Peace[      ] and undisturbed for the space of About 3 Yeares. And on or about the 20th of September following the Deft, with Leave from the Authority made Purch[      ] Indian Right from one Petocoqui^[3] Commonly C[      ] (Christian) for which he gave full Sattisfaccion [      ] as by the Deed of Sale which was Likewise Acknowledged by the said Indian in Open Court at the Whorekill in December 1679 and Proved by the Wittnesses thereto may appeare and the Deft, being Soe possesed as aforesaid in or aboute the month of June 1679 the Compll. who Never before made any Clayme or pretence by violence and force of Armes Came upon the said Land and the said Thomas Crompton his wife and family turned out of Doores to the greate hazard of their Lives and Kept Possession thereof forceably whereupon this Defendant Peticioned the Court held at the Whorekill the 12th of July 1679^[4] for Recovery of his Possession who ordered that the Deft. Appeareing to be the first Settler to have Quiett and Peaceable Possession of the said house and Land and the 14th following Execucion issued out thereon^[5] to putt the Deft, in Possession wa[      ] Executed accordingly and he againe Repossed [      ] withstanding the which the said Compll. procured a Sarv[      ] [      ] made to him of 1400 Acres of this Deft. [      ] and privately makeing Returne thereof ha[      ] obteyned a Pattent from your honnor which Includes [      ] on Passing of which the Deft. Beeleives his Right to [      ] as aforesaid was unknowne to your honor and by [      ] meanes thinking to take advantage of the Deft. [      ] Labour and Charge the 25th of July 1679 Peticioned the Cou[      ] at the Hourekill where produceing said Pattent Possession was Ordered to be Given to the said Stevens^[6] accordingly but ] The Deft, haveing before that seated the said house and Land Againe to one John Glovier hee Refused to give possession thereof to the Compll. and kept the same untill by force or surprise the said Appell. againe Gott the Possession whereupon the 12th of Febuary 1679/80 An Accion of Trespass and Ejectment^[7] was brought in the name of the said John Glovier (as Casuall Ejector) against the said John Stevens for Recovery of the Possession of the said house and Land but the said Accion was exsecuted in the Name of the Deft, whereupon a full and faire Tryall before a Jury the Deft, obteyned a Verdict that by Evidence the Deft, being the first Settler hath Right to what he hath seated and the Court passed Judgment accordingly and the Deft, became againe Repossesed^[8] and Soe Remaines but for the further trouble and Vexacion of the Deft, the said Complaintant hath Appealed to this honnourable Court from Said Judgment where this Deft, is well pleased his Case shoudl be heard and Determined in a Course of Equity before your honnor and this honnorable Court where he doubts Not to Prove the truth of the above and his Right to said Land etc. as aforesaid and hopes if he hath beene any wayes Negligent in not obteyneing a Pattent for the same (which his far distance of habitacion or Ignorance hath Occassioned) In Equity his Laboure and Charge of Improvement which some times alone gives a Right and propertey (there beeing Roome and Vacancy Enough) will not be swallowed by the Covetious Desires of the Appeall. who is Possesed of a Large Tract of Land (In Quantity 1300 Acres) and hath onely hyred out a Coople of Servants to another man to manure the said Tract of Land which Keepeth other familys of that would settle in those partes, which if hee hath The Defts. Land allsoe which hee Layeth Clayme [      ] to and Calleth his by the Report of the Neighbourehood, It is (in Circ[      ]teiance Neare 20 Miles in those partes) And that your honnour will see Noe Cause to allter but to Confirme the Verdict and Judgment of the Court at the Whorekill and this Deft, in his Quiet Possession and Allow him his Cost and Dammage by the Needless Occassion of the Compll. soe unjustley Susteyned which Amounts to Aboute the Sume of one hundred Pounds Sterling

And This Deft. Shal Ever Pray etc.

[ Entitled: ] John Richardson Deft. Answere to the Complaint of m, John Stevens Complaintant.

Notes

References

Translation: Gehring, C. trans./ed., New York Historical Manuscripts: Dutch, Vols. 20-21, Delaware Papers: English Period, 1664-1682 (Baltimore: Genealogical Publishing Co., Inc.: 1981).A complete copy of this publication is available on the New Netherland Institute website.