USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 15
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ABRAM MAN PIt
JOHN TEST Deft
The Plt by his declarat: & acct demanding six pounds seven shillings & six pence and aknowledging to haue Re- ceived fyve pounds & two shillings so that ye ballance Re- mayned one pound five shillings & six pence To wch acct the Plt haueing made oath in Court, The Court ordered Judge- ment to bee Enterred against the deft for £ 1 : 5 : 6 : together wth Costs.
ABRAM MAN Plaintf WALTER WHARTON Deft
The Pit declares that this deft on ye 10th day of Jannuary Laest past did Borrow of ye Plt a Boate & Riggin for to Re- turne ye same again ye next day, yett notwthstanding The deft hath detayned & kept ye Boate to this day and hath suf- fered ye Rigging thereof to bee burnt for ye want of wch sd boate ye Plt is Really damnyfied ye sume of six pounds : Ittem ye Pit did wth his boate alsoe Lend ye deft his man servant named Will : Burd for to bee Returned & brought home ye next day wth ye boate, whome this deft instead of sending home hath kept from ye 10th of Janu : untill ye 22 day of ye month of february Laest during wch tyme ye deft wth out any order or Cause hath mutch abused this defts said servant beat- ing abusing & breaking his Leggs so yt ye sd servant was not able to goe & doe his Mastrs buisnesse; alsoe the Plt demands
212
RECORDS OF THE COURT OF NEW CASTLE.
of the deft by acct for sundry Goods & wares delivered ye sume of fourthy six Gilders for all wch ye sd Plt brings his suite & humbly Craues of this worpp11 Court : vizt That ye defend- ant may pay ye sd six pounds damadge for ye use of ye boate ; That alsoe hee may pay for the tyme hee has detayned & Kept the servant as alsoe for ye cure of his Leggs, and Laestly that ye deft pay ye 46 gilders due on acct together wth all Costs.
Jury The deft Mr Wharton still remayning Tho : Morse absent and ye Plt pressing for Judge- Joh : Dehaes ment The Cort (in Regards that this Amb : Backer action had now been Enterred three gisbert dircksen James Walliam Tho : Snelling Rob : hutchinson Court dayes in wch tyme ye deft did not apeare) did thinke fitt to putt ye buis- nesse of ye boate and servant to a Jury, whoe brought in their verdict as fol- Tho : Spry loweth vizt : The Jury finds for the Plt Pieter Winster foure pounds ten shillings in merchand- John Ogle able pay of this River for a boate deliv- gerrit Smit ered by the Plt to ye deft as alsoe twenty humphry Kittley shillings for damadge for ye want of ye sd boate as Lykewyse twenty shill : for ye tyme he detayned the Plts man from ye service of ye Plt wth ye Costs of suite.
The Cort did order Judgemt according to ye Jurys verdict and as to ye Plts acct hee liaueing made oath to ye same, The Cort did alsoe ordr that the deft pay ye sd 46 gilders unto the Pit wth Cost of suite.
JUSTA ANDRIES Plt In an action of ye Case for ye delivery of a Joung heiffer ROBBERD MORTON Deft formerly bought of ye deft att Mª Toms plantation.
The debates of both partees being heard as alsoe severall Testimonys produced in Cort, The Cort doe Judge that the Cowe or heiffer was formerly sufficiently delivered, and there- fore finding no Cause of action doe order a non suit against ye Plt wth Costs.
213
RECORDS OF THE COURT OF NEW CASTLE.
ROBBERD MORTON PIt
JUSTA ANDRIES Deft
In an action of debt for one ancor of Rum to bee paid ye one halfe prsent & ye other halfe in October next according to bill.
The debates of both partees being heard and Jone ye wyfe of John Street deposing that shee heard Justa's wyfe deny ye payment of the Rum, The Court doe order Judgemt to bee Enterred against ye deft for ye payment of ye sd rum according to bill wth Costs.
Edward English This day apeared in Court and then & there did produce an acct against Justa Andries by ye Ballance of wch acct Justa Andries Remained indebted unto ye sª Eng- lish ye sume of foure hundered seventy & six pound of Tobbacco in Maryland : To wch acct ye sd Edward English did make oath before ye Court.
JOHN MOLL Plaintife In an action of debt HUMPHRY KITTLEY Deft
6 June 1678 Execution The Deft Humphry Kittley appearing
Issued out ag.st ye in Cort did aknowledge to bee Indebted boddy of ye deft. unto the Plt Mr Moll ye sume of 27931 Ib of Tobb : due by twoo bills and an acct and more for what Mr Moll's servant the Cooper had earned ye Laest Jeare wth him ye sume of one thousand Ib of Tobbacco in all amounting to the sume of three thousand seven hundered ninety three & a halfe Ib of tobb.
The Court ordered Judgemt to bee enterred against ye deft humphry Kittley upon his Confession for ye payment of the sume or quantity of three thousand seven hundered ninety three & a halfe Ib of Tobacco & Caske wth ye Costs.
JOHN WILLIAMSSEN NEERING Plt In an action of The Estate of BARENT EGBERSS Deft debt for 300 1b of tobb.
Itt being pleaded & made appeare in Court that ye action
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RECORDS OF THE COURT OF NEW CASTLE.
was altered sence itts first Enterry by ye Plt receiving most part of ye pay, The Court doe find no Cause of action & order a nonsuit against the Plt.
JOHN SHACKERLY Plt Deft Continued by The Plts desire. JANNETTIE VIDETTE
GERRITT OTTO Plt Continued by ye Plts Consent.
FRAN : STEEVENS
Deft
THOMAS SPRY Plt Deft
HARMEN JANSEN
The Pit demands of ye deft by ballance of acct ye sume of twoo hundred sixty seven gilders and sixteen styvers: The deft sayes to haue formerly agreed wth the Plt to pay him no more for the whole then 4 Schypple of wheat and a Joung Sowe, and sayes that hee can proove the same; ordered that hee proove the same att ye next Court.
Mr John Moll Prooveing by bill that Mr William Tom de- ceased was his debtor the sume of Three pounds & ten shill- ings ; The Court doe order that ye same bee paid out of ye sª estate wth Costs.
Mr John Moll as attorney of ye widdow and Relict of Jona- than hopkinson of Wey River in Maryland producing in Cort twoo bills signed sealed and delivered by Mr William Tom deceased bearing date ye 20th day of November 1674, ye one thereof to ye sume of 1712 Ib of Tobbacco ye other for ye sume of 330 Ib of Tobbacco in all two thousand fourthy & twoo Ib of Tobbacco desiering an order agst the sª M' Toms Estate for ye payment of ye sd sume, wth Costs ; wch by ye Court is granted accordingly.
Capt" Edmond Cantwell producing in Court his accompt against ye estate of Mr William Tom deceased, by wch acct there was due unto him ye sª Cantwell the sume of one thou- sand six hundred thirty & three gilders, desiering an order for ye payment thereof wch the Court doe grant.
215
RECORDS OF THE COURT OF NEW CASTLE.
Edward English apearing in Court did produce an acct against James Crawford for ye sume of nine hundered & fifty Ib of tabbacco pr ballance and made oath to ye Justnesse thereof accordingly.
Mr Walter Wharton being Commissionated one of ye Jus- tices & members of this Court and hee haueing not appeared in fyve months or ordinary following Court dayes for to help to doe and attend ye publicq and Country buisnesse as others ye Justices & members of this Court from tyme to tyme to doe ; The Court therefore in Regard that hee the said Mr Wharton during ye tyme of this his absence has not ben out of ye p"cincts of this River and Bay, Doe therefore thinke itt fitt that hee for an Example to others be fyned according to ye Expresse Lawes of ye governmt, the sume of Ten pounds, and doe hereby Condemne him ye said Mr Wharton in ye se fyne of Ten pounds wth ye Costs.
The Court adjorned until tomorrow ye 5th of June 1678.
June ye 5th 1678.
Upon the Peticon of Amilius & Matheus De Ring : The Court haue granted unto each of them, on the West end of this Towne on the other syde of ye Little swamp by Mr Alrichs along the River Syde, a Lott of sixty foot Broad and three hundered foott Longh, They the Peticon's Seating & Im- prooveing the same according to his honor ye Governors orders and Regulacons.
HENDRIK WILLIAMS PIt - In an action of ye Case for a boate by ye Deft borrowed & not Restored etc.
Tho : Morse Joh : d haes Amb : Backer Gisb : Dirkss
James Walliam
WALTON WHARTON Deft Jury This action haueing ben Continued three following Court dayes in weh tyme & still ye deft Remaynes absent, and ye Plt desiering an Issue of this Case : The Court did think fitt to Referre the Case to a Jury whoe Returned their verdict
216
RECORDS OF THE COURT OF NEW CASTLE.
Tho : Snelling as followeth viz -The Jury finds for ye
Rob hutchinson Pit the sume of sixteen hundered Ib of
Tho : Spry merchandable Tobacco in Caske to Con-
Pieter Winster tayne ye same for ye boate & furniture
John Ogle thereof that was Lent by the Plt to the
Gerrit Smit defendt as alsoe for the damadge the Plt humphry Kittley hath sustayned for ye sd boate the sume of Eighty gilders in merchandable pay of this River wth the Costs of suit. The Court doe order Judgemt according to verdict.
HENDRIK WILLIAMS Plt WALTER WHARTON Deft f In an action of debt.
The Plt demands of this deft by the defts bill bearing date ye 29th of May 1677 the full sume of six hundered twenty and three pounds of Tobbacco & Caske to bee paid Conveniently in this River in Tobbacco wheat or peltry ; for wch hee craues Judgemt wth Costs.
The deft Remaining absent three following Court days, The Court ordered Judgement to bee Enterred against ye deft for ye payment of ye abovesd debt due by bill wth Costs.
JOHANNES DEHAES Plt an attachment Laid upon Smiths Tooles The Estate of DOCTOR JO and a horse belong- ing to the Plt
DISJARDINS deceased Deft
This action was Continued by the Court untill next Court day.
ROBBERD WILLIAMS by JAMES -
-
Pit The deft in de- WILLIAMS his attorney
GEORGE MOORE Deft - fault
The Court Continued this action until next Court day.
RALPH HUTCHINSON Plt SAMUELL WHEELER Deft
No declaration being Enterred a non suit was ordered agst the Pit with Costs.
217
RECORDS OF THE COURT OF NEW CASTLE.
Continued till
THO: HARWOOD
JACOB VANDERVEER
Plt Deft
-
1 next Court
day.
ROBBERD WILLIAMS attorney for JOSEPH POST of Long Island Plt
ARTHUR CARELTON & ELIZABETH his wyfe administ: of ye estate Deft ye Court.
of JOHN MORGAN deceased
JARVIS MARSHALL by r A non suit ordered against
ROB HUCHINSON Pit the Plt no declaration
JOHN BOEYER Deft being entered
Mr John Moll this day produced in Court the appraizement of part of ye Estate of John Arskin deceased, upon ye execution of ye sd Mr Moll ye Coppy thereof is hereunder Recorded.
The Inventory of Goods of John Askin deceased, Taken by us underwritten & apraized :
Tobbacco one sort at 6 styvrs pr Ib 500 150 :
2ª sort 4 styvers pr Ib 200 40 :
3ª sort att 3 styvers pr Ib 400
60 :
gild"
Alsoe 1 Large Pewter dish f20 :
1 small brass kittle
22
:
1 small Yron Pott
22 :
1 lowe and one plow Chayne
20 :
1 payle one spaede
15 :
1 boex of drawers
8
:
1 Craedle one spring Lock & old yron
30 :
2 acxes
16 :
-f153 :
To 1 plowe and two harrowes
55 :
gilders +458 :
These things apraized by us the 5th day of March 1672 Ro: HUTCHINSON L: V: BURGH
Continued by
218
RECORDS OF THE COURT OF NEW CASTLE.
Capt" Edmond Cantwell as attorney and in behalfe of Capt" Mathias Nicolls of New Yorke producing in Court a bill under the hand of M' William Tom, deceased bearing date ye 13th day of Aprill 1672: by ye ballance of wch Bill itt apeared that ye sd Mr Tom Remained & was debtor unto ye sª Capt" Nicolls ye sume of seven pound and one bever skin. The sª Capt" Cantwell desiering an order for the payment thereof out of ye Estate of ye sd MT Tom deceased : wich by ye Cort is granted.
WILLIAM SEMPLE Pit LASSE ANDRIES Deft - Withdrawne by the Pit
WILLIAM SEMPLE
Pit
JUSTA POULSEN
Deft
Withd : by the Pit
JOHN OGLE Plt Withdrawne by ye Plt
HUMPHRY KITTLEY
Deft
JOHN ADAMS for his - Pit
master WM DERVAL
JOHN OGLE Deft Withdrawne by the Plt
Ralph hutchinson producing in Court an acct against ye Estate of henry Stanbrooke to ye sume of twoo hundered & ninety gilders ten styvrs desiering an order for ye payment thereof : The Court doe allow of ye acct to ye sume of one hun- dered & Eighty & Eight Gilders and doe order ye vendu mas- ter Ephraim herman to pay ye same, In case ye Effects of stanbrooke in his hands will reach so farr : But as to ye Re- mainder of ye acct for ye prtended funerall Charges Amount- ing to ye sume of 102 Gilders, The Cort doe not allow of ye same until better proofe appeare by Reason John kan hath alreddy brought in his acct of funerall Charges and hath ob- tayned an order for ye payment accordingly.
The Cort doe allowe of ye acct of Ralph hutchinson brought in agst ye Publicq to the sume of 411 gilders 10 styvrs.
The Cort doe alsoe allow of ye acct of Ralph hutchinson
219
RECORDS OF THE COURT OF NEW CASTLE.
against ye Estate of Vicessimus deceased to ye sume of one hundered gilders ten styvers.
Elizabeth the Wyfe and attorney of John Bercquer of oppoquenemen, this day appeared in Court and did then & there aknowledge the sale & makeing ouer by way of mort- gage his ye sd Bercquers one whole fift part in a Certaine tract or parcell of Land unto M' John Moll of N : Castle Contayn- ing in all twelve hundered acres Lying and being att ye northsyde of ye head of Blackbird Creeke Running up ye mayn branch of ye said Creeke wch aforesd fift part is ye second Lott in the aforesd twelve hundered acres whereof ye first Lott belongs unto Ann Westerndall the third unto James Williams etc : together wth a small dwelling house standing upon ye sd one fift part, wth all & Singular ye appurtenances etc : Provyded & wth this Condition that if John Bercquer shall pay or Cause to bee paid unto John Moll or his order att or before the 15th day of November next ensuing the date hereof in oppoquene- men Creeke Conveniently the full quantity of Elleven hun- dred & twelve Ib of Tobbacco & Caske wth ye Court Charges Risen about this debt in dutch wtt & tarr as now is Customary then the aforenamed Land to bee Cleare and ye deed made void otherwayse to stand in full force Effect & vertue, the aforenamed deed bears date ye 18th day of May 1678, and was signed & sealed by John Bercquer & Elizabeth his wyfe in the prsence of John Street & Tho : Snelling.
followeth the acct of the Estate of henry Stanbrooke de- ceased : by ye vendu Mast" Eph : Herman produced & allowed in Cort as followeth vizt.
The Estate of Henry Stanbrooke deceased Sould in publicq outcry by ye Corts order.
Credr
1677 By sundry prsons for ye goods of ye sd
Oct 8 00 henry Stanbrooke as they were found an Inventoried at ye house of John Can sould in publicq outcry ye whole amount- ing to the sume of 1240 gildrs & 15 styvers / 1240:15
220
RECORDS OF THE COURT OF NEW CASTLE.
1677 Debtor gildr
March 5 To doct" Wells by ye Corts order for Phisik f 60 & ye Costs f 15 75 :
dtto 7 To John Can by ye Corts order paid f 350 & ye Costs f 15 345 :
1678
May 8 To Thom : Morse by ye Corts order paid 890 Ib tobb : and 72 gilders wth Costs. ye tobb : att prsent prys Cour- rant reduced wch is 8 Sty makes in all
448 :
1678 To ye Cryer of ye vendue paid his fee 10 :
June 5 To Ralph hutchinson by ye Corts order and ye Costs 208 : To ye vendu Mast his fees att 8 pr Ctº allowed of ye sume of 1240 : 15 99 : 4
To M' Moll for henry Stanbrookes Levy pd to ye lı : Sherrif Capt Cantwell 12:10
To Clarkes fees for makeing ye Inven- tory & severall other orders 25 :
1222 : 14
The Letter from ye honorble Councill att N : Yorke in answer to ye Letter of this Court sent ye 9th of May Laest past vizt. Gentl :
Yors of ye 9th Instant arrived ye beginning of ye week wch haueing not the hap to find the Governor Returned, was Com- municated to ye Councill, upon Consideracon of the new alter- ation made by Mayo" John fenwike on the Eastsyde of the River & prusall of ye Testimonys and Informacons given Con- cerning the same, They have thought good to make tlie In- closed order wch they desire you will do yor part to see itt put in execution (if occasion) but wth as Little mischief as may bee, Capt" Billop is written to Lykewyse Conserning the same.
The matter of frans Barentsen was nott well represented by Capt" Billop to Capt" Brockkols, who supposing the accident
221
RECORDS OF THE COURT OF NEW CASTLE.
of his death was verry Lately and itt being Lykewyse Inti- mated that hee haueing no heire the Estate hee Left did be- longh to the Duke as an Escheate hee Gaue order to Capt" Billop to secure what hee had and give accompt of ye same, but upon further Informacons that the said frans Barentsen dyed severall Jears agoe, and that the Court hath formerly taken Cognisance of ye sd Estate, and the Governor haueing Likewyse been made aquainted therewith, They doe not think fitt that Capt" Billop should any further Concerne himselfe thereon but that you prosecute what you had begun and Give accompt thereof to ye Governo" : If the deceased had a brother (as suggested) hee can haue no prtence after ye disposall of itt otherwyse a Jeare & six weekes being past & no Clayme made wch is the tyme Limited by the Law : here hath ben an ad- dresse from Capt" Cantwell in the name of his Son, Resigning all the Right Tytle and Intrest his son might haue to ye Estate of William Tom deceased by vertue of his will, and de- siering itt may be sould att a publicq vendu for the payment of his Just debts, but that hee may haue prference before the Rest of ye Creditors next to Capt" delauall who hath Judge- ment and Execution against the said Estate, The Councill doe thinke itt Reasonable that the said Estate belonging to Mr Tom bee sould for ye payment of his Debts but are not willing to alter the Course of ye Law, wch gives Directions how debts should bee paid, That is statutes & Judgements first, then bonds & speciallys, after that booke debts and other Claymes. If any thing after that shall bee Left the son of Capt" Cant- well may haue itt. The sooner Mr Toms Estate bee sould the Better after some weekes notice, for the Complaint made by Comonalty against the Commander Capt" Billop wee are not Willing to Entermeddle therein the Rather for yt you Signify yor Resolucon to send some of yo" Bench to ye Governo" after his arrivall to treat wth him about that and other materiall Consernes. This haueing as neare as may bee answered the perticulars of yor Lettr I : take Leaue & Remaine-Gent.
Yor Most humble Servt By order of ye Councill MATHIAS NICOLLS.
May ye 25th 1678 :
222
RECORDS OF THE COURT OF NEW CASTLE.
The Letter to the Whoorekill being about publicq Concerne is desiered may bee sent forward wth Care & Speed.
Yor M: N:
(The supperscription was.)
To the Justices of ye Court of New Castle These
Att N: Castle in Delowar.
Followeth the order of Counsell sent inclosed in the abovesd Letter from New Yorke.
Att a Councell held in New Yorke May ye 22th 1678.
Upon ye Receite of Letters from the Magistrates of the Towne of New Castle in Delowar, about the alteracon begun to bee made by mayo" John fenwike on the other syde of ye River, where Contrary to his Engagement & Parole he hath acted by assuming a prtended power to himselfe.
The same being taken into Consideracon to prevent any mischiefe that may happen upon that accompt :
Itts ordered That a Messenger be forthwth sent Expresse to ye Comander & Justices of New Castle in Delowar whoe are to give notice to ye said Mayor fenwike, that according to his parole he forbeare the assuming any power of Governmt to himselfe on the East syde of Delowar River or any where else in those partes unlesse hee can produce more authenticq power out of England so to doe then hee hath yett done wch ought first to bee made knowne to ye Governor in this place, and in Case of Refusall, the said Comander and Justices are hereby Required to order him to come to New Yorke wth in the space of ... dayes to make answer to what shall bee al- ledged against him on that behalfe, and for breach of his Parole, wch if hee deny to doe, That then the said Commander & Magistrates together wth ye Sherrife doe use force to seize his prson & send him heither without delay.
By ordr of ye Councell (signed)
MATTHIAS NICOLLS.
223
RECORDS OF THE COURT OF NEW CASTLE.
In pursuant to ye aforestanding order of the Councell, The following Letter was sent to Mayor fenwike :
Mayor fenwike
Wee haue by an Expresse from New Yorke Received ordr from ye honoble Councell to give you notice that according to yor Parole you forbeare the assuming any power of Governmt to yo" Selfe on ye East syde of Delowar River or anywhere Else in those partes unlesse you can produce more authenticq power out of England so to doe then you have yett done, wch if so you ought then first to haue made itt knowne to ye Gov- ernor in New Yorke, upon wch wee expect yor prsent answer wth this messenger. Remaining Sr
Yor affect frinds
New Castle June 3rd 1678.
CHRIS : BILLOP JO MOLL PIETER ALRICHS.
P. S. Wee desire you not to fayle in sending yor answer by Reason wee are to dispatch ye expresse bake to New Yorke by to morrow, att night, The Incluse wee Received under or Coverts by ye Expresse.
(The Superscription was)
To Mayor John fenwike att N: Salem These followeth Mayo" fenwikes Letter In answer to ye above.
The Copy of Mayor fenwikes Letter sent bake by Tho : Woolleston undersherrife.
My frinds & Neighbours
In answer to yors of this date Conserning an Expresse therein menconed from ye Councell of New Yorke to whome my Reply is this that the Cause of my Long Imprizonment wch is nott unknown to them was because I would never bee prswaeded to give security Either to bee of good behauior, nor to forbear acting in that publicq Cappacity in wch I: am authorized by vertue of ye Kings Lett : Patent, The dukes
224
RECORDS OF THE COURT OF NEW CASTLE.
Grant to John, Lord Berckley & ST George Carttret, and the Lord Berckleys deed to me, weh were all produced before the Governor & his Counsell by the Commissioners that arrived att Yorke the Laest august, whereupon I : had my Liberty to come home wth out any obligacon, and to Returne ye 6th day of october following, wch accordingly, I : did to ye hazarding of my Lyfe, wch is well Knowne, and the Governor then tould mee hee wondered I: did come againe and Gaue order I: might Returne heither againe about my Lawfull occasions. Itt is well Knowne Lykewyse that I was made & detayned prsoner to ye Cort of azzizes and by their fauor and yors I : cannot Looke upon my selfe to bee oblidged by my Paroll to apeare wth out an order from ye Court of assize, the Sherrife Liberally importing the same and their order of Court being Relaxed as to fyve liundered pounds bond to bee of good be- hauior and not to act, and my Parole no wayes Ingageing mee thereunto, I am Left att my Liberty to act or not to act upon ye Lord Berckleys Intrest, and further that if I : shall be found to be a Transgressor agst ye King of England & his Lawes in the pursuance of the peace and good settlement of my Collony according to his mayties formerly declared will and pleasure. Itt will be tyme a nof for mee to suffer when I shall bee by his Mayties order Required to answer for my selfe before him to whom I am bound to give an accompt of what Judgements or sentences I give Conserning the governmt of this Collonie wth in this Province, and therefore I desire both ye Counsill and you seriously to weigh the Premisses, and bee assured of this I shall not be found bakeward to doe my duty to the kings Maytie and every of his subjects both in tyme and place when thereunto Legally required and accordingly in the Interim I desire to enjoy what is my Just and undoubted Right in the Peace of God and his Maytie ye King of England : and doe in his name Implore both their & yor assistance therein untill I shall bee Legally Convicted of being a notor- ious offender of wch I am not yett Confouned that I am in the Least guilty thereof, and so I can in verry mutch peace & Confidence Subscribe my Selfe.
225
RECORDS OF THE COURT OF NEW CASTLE.
N. Salem the 3d His Mayties Loy" Subject The of 4 1678 Counsell & yor peaceable neighbour and harty frind : J : FENWIKE.
A Letter sent by ye Expresse bake to New Yorke Directed to ye honorble Councell.
Honorble Srs :
Yoer Letter by ye Expresse of ye 25th of May Laest past wee Received ye 2ª Instant together wth ye Inclosed order, pur- suant to wich wee the day following sent a messenger ouer to Mayor Jo fenwike wth a Letter whereof a Copy is here Inclosed, By wch messenger hee Lykewyse in Answer Returned this his Inclosed Letter wch wee humbly Refer to yor honors Consider- acons, and yt yor honors may not bee Ignorant, the sd fenwike doth proceed and assume full powers to himselfe, sending on Satturday Laest his speciall warrant wth 6 or 8 prsons prest to apprehend one John Edridge etc: and doth by his severall Evidentall Expressions declare that hee will stand out and that no man shall take him alyve no not if the Governor came himselfe, what yor honors doe further Resolve about him if in Case directed to us wee desire that itt may bee absolute & sufficient for itt is of opinion that hee will hardly bee taken wthout Bloodshed or mischief : As to M' Toms deceased wee are sensible yt there was an Execution agst his Boddy but not against ye Estate, yett In case yor honors doe thinke itt fitt that the whole Estate Reall & personall bee sould, wee then desire a more positive & absolute order for or so doing, and itt shall bee Reddily by us prformed. The Inclosed for the Whoorekill wee haue sent wth ye first oportunity that prsented : wch is all at prsent from Honorble Srs :
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