USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 14
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The prsentment Enterred against Walter Wharton ye Laest Cort & now again Red : and ye sd Walter Wharton not being prsent Itt was Referred till next Court.
THOMAS HARWOOD PIt JACOB VANDERVEER Deft
The deft being default the Plt by his attorney James Wil- liam desiering a Continuance.
The Cort Continued this action untill next Court.
CAPTN XTOPHER BILLOP attorney for CAPTN JOHN COLIER }Pit
SYMON GIBSON Deft
. . July Execution Is- The Pit demands of ye deft by his bill sued out: under ye hand & seall of ye deft bearing
197
RECORDS OF THE COURT OF NEW CASTLE.
date ye 26th day of September 1677 the full & Just sume of Nineteen pounds & Elleven Shillings & ninepence sterling, for wch hee craues Judgemt wth Costs. The bill being by the deft owned, The Cort ordered that Judgemt bee enterred against the deft wth Costs & doe allow of ye attachmt by ye Plt Laid upon ye defts man servant John Bosley & ye monny due to him out of ye publicq.
JEAN JACQUET JUNIOR Plt
EVERT HENDRIKSEN Deft
The Plt demands of this deft for one mare Coult sould and delivered unto this deft ye quantity of 12 Schipple of wheat and one Jearling Cowe Calfe, for wch hee humbly Craues Judgemt wth ye Costs.
The debates of both partees together wth the Testimonys of severall of ye neighbours being heard, The Court ordered Judgement to bee enterred against ye deft for ye payment of ye 12 sch : of wheat & ye Jearling Calfe according to agree- ment together wth Costs.
WILLIAM ORIAN Plt CASPARES HERMAN Deft
The Plt not appearing by himselfe or attorney the Cort ordered a non suit to be enterred against the Plt wth Costs.
ARTHUR CARELTON & ELIZABET his -
Plt wyfe administrs of Jº MORGEN
JOHN NUMMERSEN Defendant
The Plt not appearing and noe declaration Enterred : upon ye defts Request a non suit was ordered agst ye Plt wth Costs.
The Court adjorned until to morrow being Wednesday att 8 of ye Clocq.
Wednesday ye 8th of May 1678 Cort Continued.
Upon Complaint made by Caspares Herman one of ye over- seers of ye highwayes that severall prsons notwithstanding notice and warning hath been given them doe Refuse to ap-
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RECORDS OF THE COURT OF NEW CASTLE.
peare to help the makeing of ye higliways, Ordered that a speciall warrant bee sent by the Constable that every one of them apeare on thorsday being the 16th of this Instant month of May att ye end of ye new Road att ye head of St. Georges Creeke, or otherwayes every defective prson to bee fyned wthout any Excuse.
JAMES WILLIAMS Pl An attachmt Laid by ye Plt upon the one third of a mare belonging to ye deft EDWARD WILLIAMS Deft for debt 62} gild.
The Court haueing heard ye Cause doe order Judgemt agst ye deft for ye sd 62 gilders 10 sty : and allow of ye attachment with Costs.
MARY Roscu by hur Mast" Pit neither Plt or deft ROBB : HUTCHINSON apearing in Court
WILLIAM CLARKE
Deft 7 a non suit was ordered.
ABRAM MAN PIt - In an action of debt.
JOHN TEST Deft
The deft being absent and a Reference being in his behalfe desiered The Cort granted ye same.
EDMOND CANTWELL PIt In an action of Slaunder the Deft haueing declared in Cort that this Plt forced him PETER MATHIASS Deft to signe a bill.
The deft not makeing good his words, The Cort ordered the deft to aske forgiveness upon his knees from ye Plt for his slaunder wch was in Cort openly by the deft prformed, and ye deft to pay Costs.
Claes Danielsen Pruys Did this day in Cort (as the attorney of his mother Jannettie Jaspers, who is prooved to bee the widdow and soale heir of Harmen Reyndersen deceased)
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RECORDS OF THE COURT OF NEW CASTLE.
Transport and make ouer unto John Ogle of Cristina Creeke planter, his heirs and assignes for ever a Certaine house and Lott of ground Lying and being wth in this Towne of New Castle Lying & being betweene ye Lotts of hans Baensens and Jean Jacquets behind ye prsent forte, Containing according to ye Pattent of Governor Lovelace bearing date ye first of May 1671 In length 190 foott and in breath 82 foott wood measure : wch sd deed was signed sealed and delivered by yc sª Claes Danielss and by him aknowledged in Court.
Thomas Morse makeing apeare in Court that Henry Stan- brooke deceased stands Indebted unto him by bill Eight hun- dered & ninety pounds of tobbacco and by accompt Seventy and twoo gilders : The Cort ordered the vendu Master Ephraim herman to pay ye sd debt so far forth as ye Effects of ye sd Estate In his hands will Reatch too.
CAPTN XTOPHER BILLOP in the Behalfe - of his Roy11 hignesse
Plt
HANS PETERSEN (alias) PATASCUS Deft
The Plt declares that this deft stands Indebted unto one frans Barentsen whoe dyed Intestate in Maryland wth out any heir by foure severall bills ye following sumes, to witt, 15 Schipple of Barley 16 sch : of wheat twoo Joung oxen and a screw Gun, desiers that this Court will bee pleased to passe Judgemt agst the deft to pay ye sd debts unto him hee haueing sufficient pouwer to Receive the same etc.
The deft sayes to owe no more than the twoo Joung oxen & 6 Schipple of wheat hee haueing paid ye screw gun to Capt" Colier declares further against ye Insuffiency of ye bill for ye barly and that the figure of one in ye other bill of ye wheat is put before the figure of 6 after itt was signed and sayes further to haue ben alwayes willing to pay what hee owes provyded he migh not pay itt in his wrong.
The debates of both partees being heard & itt being alledged by severall prsons in Cort that frans Barentsen declared before his decease yt hee had a brother alyve in Europe whoem hee
200
RECORDS OF THE COURT OF NEW CASTLE.
Expected into this Country : The Court therefore thought itt fitt, first to send their former opinion to his honor the Gov- ernor or the honorble Counsill att New Yorke, and take their order what they shall bee pleased to doe in the Buisnesse, the more sence some of the bills are found to bee not sufficient as they ougt to bee, The sd deft being still willing to pay what heretofore hee aknowledgeth to bee Indebted.
CAPTN BILLOP in Behalfe aforesd Pit
POULL MOENS Deft
This buisnesse being of ye same Nature wth yt of lians Petersen itt is Referred as above.
CAPTN BILLOP in Behalfe aforesd Plt
HANS HANSEN MULDER Deft This action being of ye same Nature wth yt of hans Petersen itt is Referred as above.
CAPTN CHRISTOPHER BILLOP Plt JOHN TEST Deft
Ye 16th of May 1678 The Plt demands of the deft by this
Execution Issued out: defts bill under his hand bearing date 21 of Aprill 1678 the sume of foure hundered and seven pounds of tobbacco & Caske to bee paid upon all demands in delowar, for wch hee Craues Judgemt wth Costs.
The deft not appearing and the Cort being Sattisfyed in the Justnesse of ye debt : doe therefore order Judgement to bee Enterred agst ye deft for ye payment of the sd debt wth Costs.
JUSTA ANDRIES PIt 1 In an action of ye Case for a ROBBERD MORTON Deft heiffer wth Calfe.
This action is Continued untill next Court.
ROBBERD MORTON PIt In an action of debt for one JUSTA ANDRIES Deft S Ancor of Rum due by bill.
The defts wyfe & attorney owned the debt but Sayes the plt
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RECORDS OF THE COURT OF NEW CASTLE.
never made a demand of ye Same. Ordered that the Plt proove his demande and that ye deft hath Refused ye payment att ye next Court.
JOHN OGLE Plt GEORGE MOORE Deft
The Plt demands of this deft by his bond bearing date 2ª of May 1678 ye sume of fourtheen hundered & fourthy gilders to be paid in tobbacco or wheat for ye non prformance of Cer- taine Conditions in ye sd bond Exprest, vizt that this deft should well & truely saue and keepe harmlesse this plt of & from twoo bills wch the sd Plt hath Ingaged for ye deft ye one thereof to Mr William Dervall to ye sume of 300 gildrs the other for ye sume of three hundered & twenty gilders to Mr Henry Ward wch ye Deft not haueing done, he therefore de- siers Judgement wth Costs. The deft owneing the bond, The Court ordered Judgement to bee enterred agst the deft accord- ing to ye bond wth Costs.
JOHN SHACKERLY Plt
HENRY SALTER Deft 5 Continued.
JOHN SHACKERLY Plt Referred till next Court.
JANNETTIE VIDETTE Deft
EPHRAIM HERMAN Plt
SYMON GIBSON Deft
1678 24th may Execu- The Plt demands of this deft by the defts tion Issued out bill under his hand & seale bearing date ye 5th of Jaunuary Laest past ye sume of fyve pounds to bee paid in good and merchandable wheat Peltery Porke Tob- bacco or zewt wthin this Towne of New Castle for wch sd sume the Plt humbly Craves Judgemt wth Costs.
The deft owning the debt In Court : The Court ordered Judgemt to bee enterred agst the deft for ye payment of ye sd fyve pounds according to bill wth Costs.
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RECORDS OF THE COURT OF NEW CASTLE.
EPHRAIM HERMAN PIt
JOHN TARKINTON Deft
The Plt demands of this deft by acct for fees & otherwayes, the sume of one hundered seventy and six gilders & ten styvers, and the deft being Run away out of the government, the Plt hath therefore attached a Certaine bill of this deft of John Laughton on Long Island, for ye delivery of a Joung mare of three Jeares of adge wch was to bee delivered att oppo- quenemen Creake ye 10th of october 1675: as by ye sd bill under ye hand & seale of ye sd John Laughton bearing date ye 18 of december 1674 doth appeare ; and humbly Craues that hee may have Judgemt against the deft for his sd debt wth ye Costs and that his said attachment may bee allowed of.
The Plt makeing the Justnesse of his debt appeare, The Court ordered Judgement to bee entered against the deft wth Costs, and doe allowe of ye attachmt Laid on ye abovesd bill of Laughton.
HENDRIK WILLIAMS Plt - Continued the deft Remayn- WALTER WHARTON Deft
ing absent.
Mary Blocq the widdow and Relict of hans Blocq deceased being granted the Laest Court a Rehearing In the action of Peter Groenendyk agst hur ye sd Mary Blocq and thereupon the Cort haueing this day againe heard & Examined the Case doe find by ye Examination of ye Witnesses and Especially by the Testimony of Capt Cregier that Peter Groenendyk had (as it was) forced ye sd mary Blocq ye Last Jeare at New Yorke to ye signing of the bill, and wth all that in the said bill is In- cluded ye Costs & Charges of a non suit formerly obtayned by hans Blocq deceased against the said Groenendyk In the selfe same action then tryed in this Court, wch is altogether against Reason & practize and as to the Remainder of the debt wch was for Rum wch ye sd hans Blocq should haue had att ye Whoorekill in the Duch tyme, when hee was sent there upon ye publicq or Countrys acct Itt is ye opinion of ye Court that the same being Called for ye publicq or Countryes use that
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RECORDS OF THE COURT OF NEW CASTLE.
therefore the same doth nott properly belong to hans Blocq in perticular, but that Mr Groenendyk ought to haue de- manded his pay of ye dutch Governmt (or att Least then de- manded itt of hans Blocq) when doubtlesse itt might haue been paid him as well as others were paid.
The Cort upon all ye abovesd Consideracons cannot find in Equity that mistris Blocq is now Lyable to pay ye same.
Symon Gibson was prsented by the H: Sherrife for a grind- stone found in his house wch was stolen away from ye house of Mr Abram Man. Symon Gibson being questioned how hee came by ye sd grindstone Sayes to haue bought ye same of Mr Mans servant ye Carpender.
The Cort ordered Symon Gibson to Redeliver the stone to ye master of ye servant and doe Condemn him the sd Symon Gibson in a fyne of fourthy Gilders to bee paid to ye poore, for haueing Contrary to ye Expresse Lawes of ye governmt bought ye sª stone from a servant under itts vallue.
Upon the Peticon of oele Poulsen Complayning agst his Brother Renk Poulsen, ordered that ye Peticon" bring his sd Brother att ye next Court.
Upon the peticon of Mr Tymen Stiddem the Cort haue granted him Liberty to take up one hundered acres of Land hee seating and Improoveing the sd Land according to his honor ye Governoes Regulacons.
Upon the Peticon of Reynier Vander Coelen ye Court haue granted him Liberty to take up twoo hundered acres of Land ; hee seating & Improoveing sd Land according to his honor the Governors Regulacons.
JAN WILLEMSEN Plt Continued upon The estate of BARENT EGHBERTSS Deft f ye Plts desire.
GERRET OTTO Plt The Deft default at desire of Plt FRANCIS STEEVENS Deft this action is Continued.
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RECORDS OF THE COURT OF NEW CASTLE.
ROBBERD WILLIAMS attorney for 1 JOSEPH POST of Long Island Plt
ARTHUR CARELTON and ELIZA- BETH his wyfe adminestrs of Deft Est: of Jº MORGEN decd 1
Continued by
the Court.
ROBBERD HUTCHINSON Plt
HUMPHRY KITTLE Deft
This action was withdraw: in Cort by Ralph hutchinson
ABRAM MANN Plt The deft default This action is
WALTER WHARTON Deft Continued till next Court.
HENDRIK WILLIAMS Plt
Continued as above
WALTER WHARTON Deft
MARY ROSCU
CAPTN CRISTOPHER Attorn: for
Plt wthdrawne by
Edw: English
the Plt in
JOHN OGLE Deft Court
JARVIS MARSHALL by his attorn: - This action
JAMES WALLIAM
Plt
Continued
JOHN BOEYER Deft by Consent
RALPH HUTCHINSON Plt Withdrawne by Plt
THO : HARRIS Deft
RALPH HUTCHINSON Plt Withdrawn as above
JOHN OGLE Deft
THE SAME Plt
Withdrawne as above
RICHARD KITTLE Deft
WILLIAM SEMPLE Plt Withd : by Plt in Court
HUMPHRY KITTLEY Deft
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RECORDS OF THE COURT OF NEW CASTLE.
JUSTICE JOHN MOLL PIt
Continued HUMPHRY KITTLEY
Deft
EDMUND CANTWELL Plt Withdrawn by the Plt JOHN STREET Deft
LUCAS EBELL Plt The Plt default a non suit
HUMPHRY KITTLEY
Deft ordered ag.st the Plt
EDM. CANTWELL Plt
HUMPHRY KITTLEY Deft Withd : by Plt
Broer Sinnexe the husband whoe married the widdow & Relict of Andries Juriansen deceased This day apeared in Court together wth Sophia his abovesd wyfe and by his Peticon shewed That hee the Peticon" haueing married the sd Relict of Andries Juranss whoe had & still has fyve small Childeren of hur sd first husband whom to maintaine the Peticon" will willingly doe so far forth as hee is able, and that the sd Andries Juranss att his decease was severall sumes In- debted Insomuch that his Estate Could hardly pay the same : Shewing further that hee the Peticon" has paid ye same for the most part and that there is Little else Left of ye said Andries Juriansens Estate then the Land & plantation whereon the Petieon" now Livetli on wch the Peticon" is not willing to bestow any more Costs and Charges (wth wch itt will in short tyme bee worth Little) unlesse hee the peticon" could haue the sd Land for himselfe & heirs forever, hee being will- ing to bestow on & Give to ye sª Childeren when they Come to adge sutch a Consideration as should be thought fitt. All the abovesd p"misses being taken into Consideration by the Court, The Court haue thought fitt for ye best of ye sª orphans of Andries Juriansen to agree & doe hereby Covenant & agree to and wth The sd Broer Sinnexe In manner & forme follow- ing (vizt) That hee the sd Broer Sinnexe shall bring up and maintayne ye sd fyve Childeren of Andries Juriansen untill they come to adge or marriadge : att wch tyme hee is to pay
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RECORDS OF THE COURT OF NEW CASTLE.
or Cause to bee paid unto them the sd Childeren the full sume of twoo thousand fyve hundered Gilders in merchandable pay in the River, this 2500 gilders to bee distributed equally amongst them the sª orphans or soe many of them as shall Come to adge or marriage as abovesd, In Confederacon whereof hee the sd Broer is to haue and to hold the Land plantation & other prsonall Estate of the sª Andries Juriansen deceased, to him and his heirs & assignes forever.
Upon information and Complaint made, The Cort haue fyned oele Toersen for not haueing wrought att the Woolfe pitt the sume of twenty five Gilders, Twenty thereof to bee paid to Peter Maesland & huybert Laurens who made the pitt and fyve gilders to ye Constable whoe is to Collect itt.
Att a Court held in the Towne of New Castle May the 9th Aº 1678.
Prsent
MT John Moll Mr fopp outhout Mr Jean Paul Jacquet Mr Gerret otto
Justices
The Justices upon occasion of Mayo" fenwikes makeing of some new alteracons on the East syde of this River & other Consernes, did this day meet in the forte, In order of wryting to New Yorke according to his honor ye Governors Laest sent orders in his Letter.
Capt" Edmund Cantwell declares that hee being in N. Salem (alias) Swamptowne the 30th day of Aprill 1678 where Mayor John fenwike had ordered a meeting of the Inhabitants of the Eastsyde of this River, hee the sd fenwike did then apoint some officers, viz: Samuel hedge Surveigor Generall James Nevill to bee Secretary Samuel winder Register, and declared that hee would nominate & appoint other officers att his Leasure, and Caused his sd Secretary to Read severall papers as his mayties Pattent to his Royal Highnesse & his Roy11 highnesse to ye Lord Berkely & a Coppy as hee said of ye Lord Bercqleys to him the sd fenwike wth severall other
207
RECORDS OF THE COURT OF NEW CASTLE.
papers wch ye attestant did not minde, and after ye Reading of all these papers hee the sd fenwike demanded in his mayties name the supriority & the submission of the People there as his Right & Propriety, after his demand hee brought a paper upon the Tabble in the forme of an oath or sume sutch thing wch Severall of his people or officers signed, after they had done I: tould him that ye moste part of ye People that was there, did not know what was Read hee answered mee that they Could know well a noff to take his land away, I alsoe tould him that there was a small Levy Laid by the Cort upon the People on yt syde, hee said the Cort had no power to Lay no Levy on that syde and said whoesoever did pay any Levy should forfeit their Lands and priviledges. I : asked him if hee would bear them out & saue them harmelesse hee said hee would Give under his hand to answer itt before ye king, and sayed that ye People should stand in their owne defence if any Boddy Came to demand itt & alsoe did forbidd Mr fopp outh- out not to act any thing in the behalfe of ye Cort of New Castle upon the forfeiture of his Estate I tould him that his honor the Governor had Commissionated him the sd ME outhout & was still pleased for to Continue him, he said ye Governor had nothing to doe on that syde & that he was subject to noe man but God & ye King hee alsoe said that hee would doe or act nothing wthout the advyce of his Counsill wch hee would nom- inate verry suddenly, wth severall more speeches wch ye attest- ant doth not now Remember. Justice fopp outhout declares to have been prsent wth Capt" Cantwell, and to haue heard In Substance the same that is hereabove declared by the sd Capt" Cantwell. Mª Machiel Baron & Reynier Von heyst sworne In Court declare In substance to haue heard & seen the same as heretofore by Capt" Cantwell is declared : Johannes Van Immen sworne in Court declares that being prsent at ye house of one gillis Giljamsen att ye East syde of this River some tyme in the Laest of ye month of Aprill Laest past, att wch tyme Mayor John fenwike came there, whoe demanded whey they the depont and the rest that were there did not come att new
208
RECORDS OF THE COURT OF NEW CASTLE.
Salem (as others did) to aknowledge him meaning himselfe to bee Lord and proprietor of ye place upon weh they answered him saying how they Could owne him so Long as they paid Levy to witt 12 gilders 10 styvers pr head att New Castle Court, whereupon hee the sd fenwike Replyed saying that all those whoe payed the same should never Enjoy a foott of Land on the Eastern shoare & further sayeth nott.
Right Honoble Governor
ST Wee hope before sight hereof yor hon' will bce safe Re- turned, wch happy news wee doe mutch Long for, The In- closed Testimonyes and Informacons Given us Conserning the new alterations made by Mayor John fenwike sence his Laest Returne from N: Yorke, on the Eastsyde of this River are the Cheef occasions of this wryting weh said Testimonyes we hope your honor will be pleased to peruse and to give us yor speedy order what and how wee shall act in and about the same, wee Lykewyse send yor honor here inclosed the Coppies of or for- mer & Lacst order Conserning the Estate of one francis Bar- ents deceased, there being severall prsons whoe are debtors to ye said Estate in this River whereof Capt" Cantwell has Re- ceived onc Cowe and twenty skipple of wheat, for wch hee is Reddy to bee accomptable to yoer honor and Capt" Colier a screw gun and Capt" Billop now seuwing the same prsons de novo whoe formerly hauc paid and wee being uncertaine whether the Brother of ye deccased (whoe was expected) bee dead or alyve, wee therefor desire yor honors order howe further to act safely therein : finally sence yor honors Departure there haue happened severall Complaints of ye Comontry Consern- ing severall straynes actions of ye Commander Capt" Billop, wch hath occasioned some disputes & difference between us & ye sd Commander, wec knowing itt to bee of duty not to suffer ye poore Comontrie to bee opprest, wch all to Relate would bee too Long wherefore wee shall Refer that untill we are Certaine of yor honors arryvall, as when wee are Intended to depute one of or Bench to treate wth yor honor about that & other mater-
209
RECORDS OF THE COURT OF NEW CASTLE.
ial Consernes so haueing no more att prsent to enlarge wee Re- maine Right honorble Governo"
Yor honors most humble subjects & servants: Jean P. Jacquet John Moll Gerret otto fopp outhout (The supperscription was)
To the Right Honorble May" Edmund Andros Esq" Governor Gener11 under his Roy" Highnesse James Duke of Yorke & Albany of all his Territorys in America, or in his absence to the Honorble Capt" Mathias Nicolls Secretary & ye Rest of ye honorble Counsil att N. Yorke these.
Att a Speciall Cort held in ye Towne of New Castle upon ye Request of Mr John Schackerly May the 9th annoq dom: 1678:
Prsent.
Mr John Moll Mr fop outhout Mr Jean P. Jacquet Mr Gerrett otto
Justices
JOHN SHACKERLY Plt
HENRY SALTER Deft
In an action of the Case for the prformance of a Bargaine of some plate by ye Plt bought of ye defts wyfe.
The debates of both partees being heard & henry not giving any reason why John Shackerly should not make oath to ye bargaine, The Cort thought fitt to putt the sd Plt (The deft refusing) to his oath, whoe declared that hee bargained & ab- soluthly bought of Anna the wyfe of henry salter, six spoons, Twoo small Trensier salts & one parrenger all of silver for fyve shillings six pence an ounce, but for Cost of ye fashion itt was Referred to henry Salter, whoe was Lykewyse to bring itt down to New Castle and that hee the said Shackerly was to pay ye overplus wch was above his freight, either to Capt" Billop upon acct of the defts Customes or in melasses att first Cost in New Yorke and henry Salter Confessing in Cort that his wyfe would haue had him bring downe the plate but that
2 14
210
RECORDS OF THE COURT OF NEW CASTLE.
hee would not alledging that hee did thinke to pay John Shackerly in some other pay and itt being alsoe evident by ye Confession of the sd henry salter as otherwayes That his wyfe doth frequently as much as himselfe use to make bargaines & buys & sells goods whereof hee the sd salter allows.
The Cort Therefore doe order the sª defendt henry Salter to deliver ye plate & Receive his Remainder of ye pay according to bargaine & hee to pay ye Costs.
Att a Court held in the Towne of New Castle By his Mayties Authority June ye 4th & 5th Annoq Dom. 1678.
Mr John Moll Mr Peter alrichs Mr Fopp outhout Justices
Prsent
Mª Jean P. Jacquet Mª Gerritt Otto
The Court haue Referred the Settling and Regulating of ye Church affaires of this place unto M' John Moll & M" Peter Alrichs, They to make up ye accts wth ye Reader & waerdens and to make such further orders & Regulacons as shall bee found most necessary.
Hendrik vanden Burch in the behalfe of Mr frederik Phil- ipps of N. Yorke; desiering this Court to explain ye place of payment vizt att N : Yorke in the Judgemt by him obtayned against gisbert Dirksen, Order That ye Cort are not sensible as yett of any agreement or place of delivery.
Mr Walter Wharton being heretofore by the Minister Reader & t' church wardens prsented for marrying himselfe or being married directly Contrary to the Knowne Lawes of Eng- land and alsoe Contrary to ye Lawes & Customes of this place & Province as alsoe for promissing of Lands and Entering the same in his Booke before yt the p"sons for whome hee did itt had any grant or order of Court for the same & ye sd Mr Walter Wharton not apearing in three following Court days, and to the end the Reproach may bee taken away from the River and that such notorious Breatches of the Lawes and dis-
211
RECORDS OF THE COURT OF NEW CASTLE.
orders may for the future not passe unpunnished Especially in prsons of Lesser qualitys whoe if this of Mr Whartons (whoe is in Commission and beares the office of a Justice of ye Peace ought to Give good examples to others) had not been Re- guarded might att all tymes hereafter bee held for a Bad prsi- dent. The Court doe therefore thinke itt necessary humbly for to offer the p"misses to ye Judgement of his honor the Gov- ernor forto Inflict such punnishment as his honor in his wis- dome shall thinke fitt & Expedient.
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