Records of the court of New Castle on Delaware 1676-1681, Part 12

Author: New Castle (Del.). Court; Colonial Society of Pennsylvania
Publication date: 1904
Publisher: Lancaster, Pa., Printed by the Wickersham printing company
Number of Pages: 560


USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 12


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N. Castell Janu 1 : 1677 Yor assured frind CHRIS. BILLOPP.


(The superscript : was) These for the Justices of New Castle.


The Courts answer to the abovesd Letter of Capt Billop.


That on the 25th of March next the High Sherrife is to bring in his acct : of Receipts and that after what debts are alreddy due on the publicq acct shall bee first paid & dis-


167


RECORDS OF THE COURT OF NEW CASTLE.


charged, the Cort is willing that what then shall bee left in Cass : that the same bee Imployed to the use abovesaid.


Mr John Yee produced in Court a Pattent of 800 acres of Land in Cristina Creeke wch sd Pattent was assigned ouer unto him the sd John Yee, by John Edmonds of t' Chaptank River in Maryland as by the assignmt upon ye Bak of sd Pattent then apeared. The said John Yeo Lykewyse produced an Indenture or Conveigance from the abovesd John Edmonds and Sara his wyfe for the abovesd Pattent and the p"misses therein Contained bearing date 30th of November 1677 : wch said Indenture or deed stands Recorded by the Request of sª Mr Yeo and the Cort order in the Records of Conveigances on folio 22. Thomas how one of the witnesses to the Indenture and Assignment of the Pattent of John Edmonds & Sara his wife, being Sworne in Court declared that he was prsent and did see John Edmonds & Sara his wyfe Signe Seale and de- liver unto the deeds & wrytings hereafter mentioned (vizt) :


To the assignment of a Pattent of 800 acres of Land Lying In Cristina Creeke, also to an Indenture of Conveigance of the said Pattent alsoe to a bond of 100 pounds wch John Edmonds did passe for performance of the abovesd p"misses, and Lykewyse a Letter of attorney of the said Edmonds unto Mr John Moll for to aknowledge the abovesd deeds in the be- halfe of sª Edmonds unto the abovesd John Yeo: The abovesd Thom : how declared Lykewyse upon oath that hee was prsent and did see James Clayland signe seale and deliver unto a Letter of attorney from him the sd Clayland unto John Yeo.


Mr John Moll akording to his Letter of attorney and power from John Edmonds, Did In Court aknowledge unto John Yeo The Pattent Land and p"misses above named.


The Court adjorned untill the 2nd of Janu : now Instant.


168


RECORDS OF THE COURT OF NEW CASTLE.


Janu : 2nd The Court sate.


JOHN COCX Plt JOHN HERMSEN Deft


Wm Semple


John Williams


Casp : herman


hend : Williams


Roelof Andress


Jury The Plt demands of deft the delivery of a fatt ox by this Plt bought of this deft in the month of october Laest, desiers that the deft may deliver the said ox or make good unto him his Damage to the vallue of 400 Ib of Tobb : wth the Costs. The deft desiers that the PIt may proove his declaration, and wth all that the Case may bee referred to a Jury : To wch the Plt being willing a Jury was Impanelled whoe (haueing heard the debates of both


geo : more


John Ogle


Charl : Ramsey


Isacq Tayne


Jan Bisk


Mart : Gerritz


partees as well as the witnesses sworne)


John Can went out and brougt in their verdict wich was vizt Wee find for the Plt wth Costs of suite twelve pence damadge.


The Court ordered Judgemt accordingly.


ABRAM MAN Plt JARVIS MARSHALL Deft


The Plt declares that on or about ye 26th day of ye month of Novembr Last past this Plt agreed and bargained wth this deft for 100 wtt of suggar, for wch the Plt was to pay this Deft in any merchants pay in the Towne the sume of 50 shillings : Now soe itt is that the Plt demanding the said suggar and proffer- ing to pay the deft in Reddy wheat, skins or Tobbacco (wch are all three good and Currant payes of the River) The Deft Refused and still doth Refuse to deliver the suggar according to said agreement wherefore the Plt desiers this worpp" Court to order that the deft may deliver the sª suggar & Receive his pay according to agreemt and hee bee ordered to pay the Costs.


The deft deneys the absoluthnesse of the Bargaine and


169


RECORDS OF THE COURT OF NEW CASTLE.


desiers that the Plt may proove his declaration according to Law.


Mr Samuell Bercker being sworne In Court declares that the Plts declaration and every word thereof is truth : and the Plt Lykewyse swearing the same the Court ordered the deft to de- liver the suggar and Receive his pay of the Plt according to agreement, and pay Costs.


17 Janu : 1677 exe- Mr Johannes De Haes desiered in Court cut : agat ye boddy. that hee might haue Judgemt Granted him against Doctor Thom : Spry attorney & bayle of geo. oldfield upon the agreemt made before the Court the 2nd of october Laest past Concerning the action of the siallop. The Cort haueing heard the allegations of doctor Spry upon the same, Doe order that Judgemt be enterred against the sd Thomas Spry that hee pay unto the sd Dehaes according to the above agreement (als) execution.


ROELOF ANDRIES PIt


THOMAS LINK Deft


The Plt demands of deft by his bill bearing date 4th of May 1677 the sume of 500 Ib of Tobbacco & Caske, and the deft haueing departed the governmt wthout sattisfying said debt the Plt hath hath Laid an arrest upon so much of the defts Crop in the hands of Lucas Ebell and desiers Judgemt wth Costs. Joseph Burnham one of the Witnesses to the sd bill being sworne declares that hee was prsent and did see Thom : Link signe seale and deliver the sd bill to the use of Roelof Andries.


Lucas Ebell apearing in Court sayes that there are no effects of the deft in his hands, but that the deft did give the same unto him before his going.


The Court ordered Lucas Ebell to proove that the defts Cropp belongeth unto him by the next Court.


170


RECORDS OF THE COURT OF NEW CASTLE.


JAN BISCK and ISACQ TAYNE - the administrator & heirs of Pits ISAAC TAYNE deceased


THOMAS SPRY


Deft


5th Janu: 167% Exe- The Plts in their said quality demand of


cut: taken out by ye the deft by his bill the full and Just sume Pit agst ye boddy of of 472 gilders Zewant or the vallue thereof ye deft. in good and merchand : pay of the River as by sª bill bearing date 18th of october 1675 doth apeare and more the sume of fourthy fyve gilders by accompt.


The deft ownes the bill but sayes that the Court Must pay 300 Gilders thereof for Brantie.


The debates of both partees being heard The Court ordered Judgement to bee enterred against the Defendent for the sume of foure hundered seventy and two gilders according to the sd Bill wth Costs of suit.


JOHN EDMONDS by MR JOHN MOLL - Plt


his attorney


THOMAS SPRY Deft


The Pit demands of the Deft by his the sd defts bill obligat- ory the quantity of 86 bushells of winter wheat for the pay- ment of 42 Bushells as by said bond bearing date 2ª of June Aº 1675 (and now aknowledged by the deft) apeared.


The Court ordered Judgemt to be Enterred against the said deft for the quantity of 86 bushells of wheat according to the sd bond wth Costs.


Whereas M' John Moll substitute and attorney of Gideon Gunry whoe was substituted and authorized by John Lee the attorney of Walter Tucker and Company made itt apeare to the Court that John Roode stands Justly Indebted unto the abovesaid Walter Tucker and Comp : In the full and Just sume or quantity of one thousand twoo hundered eighty and nine Ib of good Tobbacco and Caske payable upon all demands as by the sd bill produced in Cort did apeare. The Court ordered that Judgemt be entered against the said John Rood for the


171


RECORDS OF THE COURT OF NEW CASTLE.


paymt of the abovesd sume of 1289 Ib of Tobbacco and Caske wth the Costs.


JUST : JOHN MOLL Plt The Estate of JOHN - Deft


ASKIN deceased


13th february 167} The Plt demands of Deft for sundry goods


Exut : Issued out by the Deft bought and Received during his signed by Just lifetime as apeared by the accompt produced Alrich in Court the sume of fyve hundered forthy six gilders elleven styvers zewant vallue : and more sence the decease of the deft paid for worke mens Labour by the Re- quest of this defts widdow the sume of three hundered eighty & fy vegilders, for wch said sumes the Plt hath Laid an attach- ment upon soe much of the defts: effects, and prayes for Judgement wth Costs. The widdow of the deceased acknowl- edging the debt In Court ; The Court ordered that Judgemt bee entered against the sd estate for the abovesd sumes, and do allow of the attachment.


PETER GROENENDYCK Plt MARIA BLOCK Deft


The Plts attorney not haueing tymely enterred his declara- tion and the Deft desiering a Continuance untill the next Court ; The Court granted ye same.


WILL : HAMILTON -


In an action of WILL : SIMPLE


PIts debt to ye sume The Estate Executor or admin- Deft of 360 gilders istrator of JOHN ASKIN dec. 7 sty: by acct


The widdow of deceased aknowledging the debt in Court : The Court ordered Judgement to bee enterred against the sd estate of the deft for the sume of three hundred sixty gilders and seven styvers wth ye Costs and doe allow of the attach- ment by the Plt Laid upon the Cowes.


172


RECORDS OF THE COURT OF NEW CASTLE.


JUST : JEAN P. JACQUET Plt


LACE WAY & SAMUEL PETERS Defts


The difference being about a peece of marrish wch being heretofore by the Cort Referred to the examination of Mr Walter Wharton the Surveigor whoe this day makeing Report to the Court that the marrish in Controversy whereon the hay was mowed by the deft doth according to the Pattent belong unto the Plt MT Jacquet : The Court doe order that the Plt for the future have quiet possession of sd marrish : and that sence itt proves the ye marrish belongeth to the Plt by Consequence alsoe the hay wch is mowed thereon by the deft. The Court notwithstanding desiering Mr Jacquet to Lett the deft haue the hay In Regard of their Cattle for the winter.


Whereas itt was Represented to the Cort that att a Court held in this Towne of New Castle ye 7th of July 1673, There was Judgement past against twoo mares a Jearling & one foale belonging unto Samuel hopkins then running in the woods and that the said mares haue sence not ben brought up, untill now one mare & Coult is brougt upp. The Court upon the Request made in behalfe of Mr Will : Tom (whoe obtained the aforesaid Judgemt agst sd mares) Doe authorize & Impower The high sherrife to Lay Execution upon the said mare & Coult now in hand and apoint for apraizers of the same John Gerritz and John ogle whoe are to make a Returne thereof to this Court.


Upon the Peticon of Peter Bayard and John Wallis: The Cort doe grant them Liberty to take up in the duke Creeke foure hundered acres of Land They Seating and Improoveing the same according to his honor the Governors Regulacons.


Upon the Petition of Lucas Ebell, The Court doe grant him Liberty to take upp twoo hundered acres of Land hee seating & Improoveing the sd Land according to his honor the Gov- ernors Regulacons.


The Court adjorned till tomorrow.


173


RECORDS OF THE COURT OF NEW CASTLE.


Janu ye 3ª Cort sate.


Upon the Peticon of Richard Hudden The Court doe grant him Liberty to take up twoo hundered acres of Land hee seat- ing & Improoveing the said Land according to his honor Governors Regulations.


Upon the Request of Will : hedges The Court doe grant him Liberty to take upp a Lott wth in this Towne of New Castle hee building & improoveing ye same according to the Gov- ernors orders.


WILLIAM TOM Plt JACOB CLEMENTSS Deft


Whereas itt was made apeare to the Court that The deft stands Indebted unto the Plt for fees the sume of therty & eight gilders 12 styvers, The Court doe order Judgmt to bee enterred agst the deft for sª debt wth Costs.


Arthur Carelton was ordered by the Court to pay for ye funerall & Jury Charges of his Servant John herding whoe was found dead In the boate before oele Toursens house.


5th Janu 167g Execut: Mr John Moll desiering Execution against taken out agst Tho: Thomas Spry as the Bayle of geo. oldfield Sprys boddys in the in the twoo Judgements by him the said 2 actions. Mr Moll obtained ye 5th of September Laest past against said oldfield-Tho: spry shewing no Lawfull Cause to the Contrary-The Cort granted the same.


JOHN MOLL PIt


JOHN ROODE Deft


The Plt declares that the deft stands Indebted unto the Plt for sundry goods delivered as apears by his accompt, the full and Just sume of three hundered ninety and three gilders payable in Tobbacco att 8 styvers pr pound att the plantation of sd plt but in stead of that the deft hath deserted the Cropp wch hee made there whereby the said Cropp stocke and planta- tion of the Plt is damnifyed & prejudiced by the defts Breatch of Covenant to the vallue of 4000 Ib of Tobbacco, and there-


174


RECORDS OF THE COURT OF NEW CASTLE.


upon he brings his suite and desiers This Worpp]] Courts order for his said debt & damadge wth the Costs.


Jury.


Tho : Spry


geo : more


Sam : Berker


Ralplı hutchinson


John Can


sam : Land


fran : holland


Wm Osborne


Wm hodges


Jan hermsen


John dauits In an action depending betweene Mr


The deft Remaining default and the Plt haueing made oath in Court to his abovesd account : The Court ordered Judgement to bee Enterred against the deft for the abovesd debt of 393 gilders But as to the damadge the same was Referred to a. Jury, whoe haueing heard the wittnesses examined & sworne : as also the I)efts Conditions wth the Plt went out, and brougt in their verdict wch was vizt


Peter Abrink Moll Plt and John Roode deft wherein by Mr Moll was called a Jury, wee the Jurors do find for the Plt fifteen hundered Ib of Tobbacco damage wth Costs of suite.


The Court ordered Judgement accordingly.


WALTER WHARTON Plt 1 Continued untill The next JOHN BERKER Deft j Court.


Charles Ramsey Constable of the north syde of Cristina apearing in Court and desiering to be dismist of his Constables place and prsenting Mathias Mathiasse for Constable in his Roome, The Court this day appointed & authorized the said Mathias Mathiasse to be Constable in the Roome of the said Ramsey for and during the space of one Jeare or till another be sworne In his Roome and the sd Mathias was sworne and Received the Constables Staf accordingly.


In Lyke manner as above was this day apointed & sworne (In the Roome of Samuel Land) Reynier Vander Coelen for Constable of the Towne of New Castle and the preincts thereof.


John Taylor was In Lyke manner as above this day ap- pointed & authorized for Constable In the Roome of the de- ceased Walter Rowles his Limits to bee from the Southsyde of


175


RECORDS OF THE COURT OF NEW CASTLE.


St. Georges to the Duke Creeke and Justice otto appointed to administer the oath unto him.


FFREDERICK PHILIPS by - Plt Continued untill next Court


his attorney HENDRICK


V. BURGH


GYSBERT DIRCX


Deft


GERRIT JANSE (ALS) SMIT Plt Withdrawn ye par-


HARMEN JANSEN


Deft tees being agreed.


TYMEN STIDDEM


Plt Continued untill


JACOB V : VEER


Deft y


next Cort


JUST : JOHN MOLL Plt - Withdrawn by Plt in


GERRIT SMITH


Deft j Cort


THOMAS SPRY Plt


SYMON GIBSON


Deft


Withd : by the Plt


ISACQ TAYNE & JAN BISCUS


adms : & heirs of ISACQ


TAYNE deceased


- Plts Withdrawn by Plt in Court


JACOB JANSEN Deft


EDWARD WILLIAMS


Pit both partees default


THOMAS JONES


Deft a non suit ordered


MORIS LISTON


Plt both partees default


THO : JONES


Deft S a non suit ordered


ELIZABETH MORGAN Plt Continued by the


MORRIS LISTON


Deft Court


RALPH HUTCHINSON


Pit


Withdrawn by Plt Deft


JOHN OGLE


JOHN OGLE


Pit


ROBB : HUTCHINSON


Deft


Withdrawn by Plt


176


RECORDS OF THE COURT OF NEW CASTLE.


EDMOND CANTWELL Pit


HARMEN JOHNSON


Deft


Withdrawn by ye Plt


JOHN OGLE Jº TARKINTON


-


Plt Continued by the


Deft Pits Request


JOHN WALKER Plt


PETER LUCAS


Deft


Withdrawn


ANN WESTERNDALL Plt both partees default


JOHN FOSTER


Deft a non suit ordered


JOSEPH HOULDING Pit Continued by the


JOHN ANTER


Deft Court


The underwritten bill was this day past by Arthur Carelton In Court unto Mr John Yeo.


N : Castle ss :


Know all men by these prsents that I : Arthur Carelton of the County of Cecil in the province of Maryland Gentl : doe owe and am Indebted unto Jolin Yeo of New Castle upon Deloway River Clermtt the full and Just quantity of Twoo thousand pounds of good sound merchandable Tobbacco in Casque to bee paid unto the said John Yeo or to his Certaine attorney his heirs Executors or assigns att some Convenient Landing in deloway River att or before the tenth day of octo- ber next ensuing the date hereof and for the true prformance hereof well & faithfully to bee made & done I: bind myselfe my heirs, executors & administrators firmly by these prsents, sealed with my seale dated this second day of Janu Annoq Dom : 1677.


Testes


Subscrybed ARTHUR CARELTON (LS)


John Moll


Walter Wharton


An order for ye makeing of Woolfepitts.


The Court taking into Conciederation the dayly & Contin- uall spoyle & damadge wch ye Woolves Cominitt uppon the


177


RECORDS OF THE COURT OF NEW CASTLE.


stockes of the Inhabitants, and that the said woolves (notwith- standing the former order of the Laest high Court allowing 40 gilders for each Woolfe head) are no wayes more destroyed than heretofore: Itt was therefore this day Resolved and ordered by the Court for the good of the Country in generall that att or about the places, neighbourhoods & plantations hereafter mentioned by the Inhabitants thereof bee made and erected fitting woolfe pitts or houses wherein-the said varmin may bee catched & destroyed, the same to bee made by the first of the month of May next uppon ye forfeiture and penalty of seventy and fyve gilders each partee neglecting the same : The severall Constables from tyme to tyme are to see that this order bee fulfilled and observed, and alsoe that the said pitts or houses bee in good order well bayted & tended; They to Informe agst the neglectors, and to haue halfe of the forfeiture for their paynes.


woolfe pitts or trap houses


Hans Peters and ye other Inhabitants att


1:


Schilpatts kill to make one


Jacob Vander Veer att or about his plantat : 1:


Jan Andriesse Stalcop & Tymen Stiddem 1:


Lace Way and Sam : Peters 1:


William Sandford 1 :


Mathias Mathiass Jan Anderson & P. Jegou 1:


Broer Sinnexe & Walraven Janss 1:


William Raynbo & harmen Johnson


1:


Jacob Jansen & his sons 1:


The Inhabitants upon Bread & t' Cheese Island 2:


Charles Ramsey & Jan Nummersen


2:


Peter Slober & Sick oelkens


1:


Andries Tille to make 1:


Jan Gerritz & Ralph hutchinson 1:


Att Swart Nueten Island 1:


Att John Arskins Plantation 1:


Marten Gerritze 12


1:


178


RECORDS OF THE COURT OF NEW CASTLE.


The Inhabitants att vuerenhoek 2 :


Jurian Boatsman 1 :


Mr Jacquet & Peter Claassen 1:


Moens Poulsen & Stoffell myer


1 :


Crainhoek Inhabitants


2 :


Swanwike Inhabitants


3:


N. Castle Inhabitants


3:


Anthony Bryant & Geo : More


1:


Att Mr Toms Plantation


1 :


Att Mr Molls Plantation


1:


Jacob Joung


1 :


John Scott


1:


James Crawford


1 :


Caspares herman 1:


Dirck Williams & partner


1:


Henrick Walraven & Jan Backer


1:


John Taylor & Thom : Snooden


1:


gerret otto & Jan Siericx


1:


Roelof Janse & Adam Pieters


1:


Att Capt™ Cantwells plantation


1:


Lucas Ebell


1 :


Hans Muller


1:


Robb : Morton & John Street


1:


Tho : Snelling & Jo Whyte


1:


Will : Grant 1, Robb : Tallent 1, Walter Wharton 1,


Morris Liston 1 and Peter Bayard 1.


New Castle february the 5th 1673 Justice John Moll Justice Peter alrichs & Justice Gerret otto meeting on this Teusday being the usual Court day and there wanting Justices to make up a full Court : The sd Justices therefore thoughit good to adjourne the Court untill the first Teusday in the month of March now next ensuing.


Capt" Edmond Cantwell was ordered by the Justices above named to secure the goods & Chattles of Mr William Tom de- ceased, untill the next Court as when the Court will appoint appraizers & take further order therein :


179


RECORDS OF THE COURT OF NEW CASTLE.


The Justices abovesaid This day haue ordered & Impoured the prsent Clercq Ephraim Herman to take the Records & other publicq wryting of ye Late Clercq Will : Tom deceased into his Custodie and in Regard ye sª Records are as yet in a disorderly & distracted forme : notwithstanding his honor the Governor as well as this Court haue dyvers tymes ordered the sd Mr Tom to put ye same in better forme wch being as yett not done & dyvers p'sons Conserned dayly Complayning. The sd Eph : Herman therefore desiered & fully Impouwred to put ye same Records & publicq Consernes in ye best forme hee can, he eto haue for his paynes ye fees yett due by the said Records : wch will be more amply Confirmed the next Court.


Att a Court held in the Towne of New Castle Begun ye 5th and Continued the sixth & 7th of March Annoq Dom : 167g


Mr John Moll Mr Peter alrichs Mr fopp outhout Justices


Prsent


Mr Jean P : Jacquet Mr Gerret otto 7 !


Capt" Edmund Cantwellh : Sherrife


Mr John Jeo Mr Emilius De Ringh M' hendrik Williams & Mr Jan hermsen, did prsent M' Walter Wharton for marrying himselfe or being marryed directly Contrary to ye knowne Lawes of the kingdome of England & alsoe of the Lawes & Customs of this Province : The Court haueing heard the Relacon of Justice Gerret otto about ye same Doe order that Mr Wharton answer ye breatch of ye Lawe & his Contempt att ye next Court.


Itt being Lykewyse prsented in Court that Mr Walter Wharton did promis Lands . . . enter ye same in his booke before that ye prsons for whoome hee did itt had any grant or ordr of Cort for ye same, ordered the hee alsoe answer his soe doing att ye next Court.


Upon the Peticon of Mr John Yeo desiering a grant of this Court to take up a peece of land Lying Just behind ye Land


180


RECORDS OF THE COURT OF NEW CASTLE.


by him purchazed wch if taken up by any others will proove mutch to his detriment : The Court haue granted the Peticon" to take up fower hundered acres hee seating & Improoveing the sd Land according to ye orders & Regulacons of his Honor the gouverno".


Upon the Peticon of Jan Eriksen Staphen Juriansen & Hendrik Evertsen desiering to bee Impowred to Looke after ye Estate of ye orphans of Jurian Junsen deceased, whereof three Childeren heretofore by the Court are put out unto them:


Itt was ordered that the Peticon's haue power to Collect what shall bee due to them the said Children by any manner of wayes or means, and they to use all Lawfull means for ye best of ye sd orphants in Looking after their Intrest, and to bee accomptable to ye Court for what they shall Receive & act, whoe then will equally devyde the same amonghst the orpans In Generall and give further order therein. Hendrik Junsen is ordered to deliver to annettie the daughter of Jurian Junsen the cowe belonging to hur by Inheritants of hur said fathers Estate. The Cort ordered Henry Johnson to deliver to Elizabeth the other daughter of Jurian Junsen deceased, hur Cowe fallen to hur by Inheritants of the Estate of her said father deceased.


Upon the Peticon of Samuel Bercqr & francis Holland, de- siering a grant to take up a seat of land etc. The Cort haue granted the Peticon's to take up each twoo hundered acres of Land they seating & Improoven the sd Land according to the orders & Regulacons of his Honor the Governo".


Ephraim Herman makeing appeare in Cort that Mr William Tom deceased & his Estate is and stands Justly Indebted unto him as pr acct produced & sworne unto in Court, the sume of twoo hundered & fifty and twoo Gilders: The Cort ordered that the same bee paid him out of ye estate of ye sd MI Tom : wth ye Costs.


The acct of Phisik administred by doctor Daniell Wells unto henry Stanbrooke deceased wth his Peticon being prferred In Court, The Cort ordered ye vendu master Ephraim Herman to pay ye sd acct to ye sume of sixty gilders wth ye Costs unto


181


RECORDS OF THE COURT OF NEW CASTLE.


ye sd doctor Wells out of ye vendu monny in his hands belong- ing to ye Estate of ye said Stanbrooke.


PIETER GROENENDYCK by - CAPT EDM : CANTWELL his attorn : Plt MARY the widdow of H. BLOCQ Deft


The Plt demands of this Deft by hur bill bearing date the 30th of July 1677 the sume of one hundered fourthy & fyve Gilders & 4 styvers Wampum or ye vallue thereof in Winter wheat att 5 gilders & 8 styv's pr skiple.


The deft aknowledges ye signing of ye bill, but sayes that shee was thereunto forced through the Treats of ye Plt att New Yorke, and proffers to make apeare that the Debt is no Just debt In case the Cort will bee pleased In hur Releefe to grant hur a hearing in Equity.


The Cort upon ye defendants aknowledgemt doe order Judgemt agst ye deft according to Bill, wth stay of Execution untill ye next Cort as when ye Cort doe Grant the defendant a Rehearing thereof, Capt" Cregier being against that tyme Expected here whoe was prsent att ye makeing of the Bill in New Yorke.


WALTER WHARTON JOHN BERCQUER


Plt Deft r


JOHN WILLIAMS Plaintife Estate of BARENT EGEBERTSE Deft


Neither Plt or deft apearing this Cort or- dered a non suit against Plt wth Costs. Upon Request of both par- tees this ac- tion is con- tinued until next Cort


182


RECORDS OF THE COURT OF NEW CASTLE.


In an action of 1 debt by bal-


FFREDERIK PHILIPS by HENDRIK - Plt VANDEN BURGH his attorney lance of acct the quantity GYSBERT DIRKSEN Deft of 367 sch : of winter wheat.


Hendrik vanden Burgh attorney for Plt apearing in Court and producing in Court, the acct of Mr frederick Philips sworne unto before Mr Stephanus van Cortland Mayor of New Yorke, the ballance of wch acct being three hundered sixty & seven Schipple of wheat : and the Deft Gysbert Dirck- sen having heretofore brougt in his Contra acct by wch hee made apeare to haue paid more than Mr Philips hath given him Creditt the vallue of sixty & one schipple of wheat, To wch his sd hee haueing made oath in Court : The Court doe order that Judgemt bee entered against the deft for ye quan- tity of three hundered & six Shipple of winter wheat wth the Costs.




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