USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 16
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Yor honors most humble Servants :
(signed) JOHN MOLL
New Castle June 5th
PETER ALRICHS
1678
JEAN P. JACQUET
GERRET OTTO.
15
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RECORDS OF THE COURT OF NEW CASTLE.
(The Supperscription was)
ffor ye honorble Capt" Matthias Nicolls and ye Rest of ye honorble Councell.
In New Yorke These
The Court adjourned their ordinary sitting againe untill the first Teusday of ye month of october next, unlesse urgent or Multiplicity of Buisnesse should Require their sitting sooner.
Att a Speciall Court held in the Towne of New Castle July the 16th 1678.
Mr Peter Alrichs Mr Jean Paul Jacquet
Prsent
Justices
Mr Gerret Otto Mr fopp outhout Capt™ Edmund Cantwell H: Sherrife.
Edmund Cantwell High Sherrife in the behalfe of or Souer- aigne Lord the Kingh. Indytes Justa Andries and Aeltie his wyfe for that they the said Justa and Aeltie, not haueing the feare of God before their eys and forgetting all Civility and the Respect due unto the Court and Justices, whoe so nearly Represent the p"son of of soueraigne Lord the King, haue on the 28th of June Laest past in a most slanderous absurd threathning and menacing manner by their ill dirty Language slaundered this Court and their officers, saying God dam the Court they bee all t' Cheating Rogues. Should I bee tryed by such Rogues as John Moll and a theef and hogh stealer as Gerret otto they haue Given away a Cowe from mee I am sure to Loose all as Comes to the Court. I will beat and make them fly all to the Devill Iff I come to the Court in Earnest, saying further that hee would an other bout for the Cowe and hee would arrest Robberd Morton againe to ye Court and that then hee would see whether they meaning the Court had the hart to give away the Cowe wth a great many more dirty scan- dalous words and Expressions against the Court and their
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RECORDS OF THE COURT OF NEW CASTLE.
officers, and on ye same day Acltie the wyfe of ye sª Justa Andries fell Lykewyse a Raling Cursing and swearing against the Court and their officers in these and ye like words-God dam that Moll they are all a Lyke Cheating Rogues, God dam the Sherrifes & Clarkes etc : All wch abovesd wordes were used & spoken to the undersherrife of this Towne of New Castle wch so amazed the sd undersherrife that he departed wth feare not haueing Executed his office moreouer they the sd Justa and Aeltie his wyfe pursuing & following the evill Intent and Im- magination of their harts on the first day of July Laest past att wch tyme the Constable of this Towne came att their house in Christina wth a warrant of Justice Alrichs in Search of ye boy servant to Emilius de Ring, the son in Lawe to ye said . Justa hath in the prsence of Justice John Moll who hapned to bee thereatt that same tyme wth force and armes & foull men- acing words & expressions opposed Rebuked hindered & as- saulted the said Constable Refusing to obey the said warrant, and Justice John Moll then fairly Intreating the said Justa to obey authority, using many Civill arguments to Induce him thereunto, all wch not aualing wth him the said Justa Andries, The said Justice Moll was forced to Command the standers by in his Mayties name to be aiding & assisting to the Constable in the doing of his duty att wch hee the said Justa Andries Grew so Inraged that he tooke up a Cleft stike of wood and stepping wth itt up to the said Mr Moll Lifted itt up threathning therewith to strike him the said Justice Moll and a small tyme after, Justice Moll ye Constable departing wth feare and being come on this syde of Christina Creeke going humwards, hee the said Justa Andries and aeltie his wyfe still following the. Evill Intent of their harts amongst other his foull slaunderous words and menacing speeches to Justice Moll and the Con- stable, spake and acted as followeth Are you a Justice of the Peace you are a devill and not worthy to sitt upon ye bench you haue sworne to Ruine mee & myne and Mr Moll keeping his pace being on horsbake going humwards Justa Andries said in a fury now will I : haue & take yor hors from you, and
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RECORDS OF THE COURT OF NEW CASTLE.
wth that Run furiously to ketch the said horse wch forced both him and the said Justice Moll and the Constable to fly for their safety in wich said actions aeltie the wyfe of the said Justa was alsoe acting yeelding and wth foull words part take- ing wth her husband all wich prmisses are directly Contrary to the Lawes and statutes of England as well as of this Govern- ment, and are alsoe of a bad Consequence and an Extreame ill prsident to others, Insomuch that itt is a derision of the Kings Mayties authority and noe well Settled Governmt can bee Established and maintayned where such notorious offences are past by and ye offenders thereof not severely punnisht and an Example made to others ; of weh Contempt of Authority Slaunder assault & breach of the Peace are you both guilty or noe : To wich above said Indytment Justa Andries and aeltie his wyfe pleaded not guilty but after the hereafter menconed wittnesses were all sworne and examined in Court : They the sd Justa & Aeltie said that they would not stand out upon their vindication, but humbly threw themselves upon ye mercy of the Court wch being taken into Consideration :
The Court (haueing Regard to their submission) Doe order an Sentence as followeth .That they the sd Justa Andries and Aeltie his wyfe, doe both upon their knees in Court aske for- givenesse for their sª offences and that Justa Andries bee of the good behavior (and give security for the same) during the Courts pleasure, and Laestly that they pay a fyne of six hun- dered Gilders and give security for ye payment thereof together wth the Costs.
William Sanford and Mathias De Vos declared and proffered and bound themselves in Court in a bond of twenty pounds to bee paid to his Mayties use, that hee the said Justa should bee of good behauior and keepe his mayties Peace to all his Mayties Subjects wth in this Courts Jurisdiction.
William Sandford put himselfe security for Justa Andries, for ye payment of ye abovesd fyne, and Justa andries declared in Court to Leaue ye Plantation whereon Wm Sandford now Lives in Cristina bound ouer to ye sd Wm Sandford as security
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RECORDS OF THE COURT OF NEW CASTLE.
for his Reimboursement of ye sª fyne. Justa Andries and aeltie his wyfe did also in open Court upon their knees aske forgivenesse of the Court for their offences according to sentence.
Justice John Moll sworne in Court and his deposition att Large fyled upon ye fyle. Thomas Woollaston sworne in Court and his deposition fyled as above.
Marten Gerretsen and Christina his wyfe sworne in Court and their depositions fyled as above.
Andries Sinnexe and Margriet his wyfe sworne in Cort and their depositions fyled. gysbert Walraven Johnson his depo- sition sworne unto before Justice Alrichs produced and Read in Court. Alsoe the declaration of Elizabeth ye wyfe of Jan Biscus, and are both fyled. Reynier Vander Coelen Constable sworne in Court and his deposition fyled.
William Sandford sworne in Court declares that some tyme about ye Laest of ye month of June Laest hee being att the house of Justa Andries, Thomas Woolleston undersherrife came there, the deponant heard Justa Andries whoe was Comming out of his house say. God dam them will they Ruine mee, and Lykewyse then heard Justa use many high & foul wordes the Conclusion of wch was that Gerret otto was a hogh- stealer and not worthy to sitt upon the Bench but as to any other particulars the deponant does not now Remenber.
Broer Sinnexe Sworne declares that the same day Tho: Woollaston was att Justa andersons being some tyme in the Laest of June, This deponant was att the house of Justa anderson and heard amongst other words ye said Justa say that hoghstealer gerret otto and Mr Moll whoe has sworne to Ruine me and further doth not Remember.
Sophia the wyfe of Broer sinnexe Sworne declares that Shee was prsent att ye house of Justa andries when Tho : Woollaston came there the deponant heard Justa Andries say that hogh- stealer gerret otto and that Moll whoe hath sworne to Ruine mee, and on the first of July Laest past this deponant was Lykewyse att the house of ye sd Justa and there heard a
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RECORDS OF THE COURT OF NEW CASTLE.
seoulding and heard Mr Moll say Carry Aeltie to prizon, wherewith Justa Andries tooke up a peece of wood and stood Lifted up wth itt before Mr Moll and heard then also aeltie eall the Constable Contschraeper and further sayeth nott. Chris- tina the wyfe of Walraeven Jansen sworne deelares that she was prsent ye first of July Laest att Justa's house and there heard Justa andersons wyfe liaue scoulding words wth Justice Moll about a boy, and that Mr Moll Commanded the Constable to Carry Aeltie to prizon, whereuppon Justa Andries Came and takeing up a stike stood up before Mr Moll wth ye stike and further sayeth not. Christina the wyfe of Jan Staalcop Sworne declares that shee heard Justa andries say that hee had taken the boy as well as the woomen for good, and yt Mr Moll answered yor boy is put out by yor wyfe, and sayes also that shee heard Aeltie call ye Constable Contschraeper and further sayeth nott. Jan Biseus Sworne declares that after tlie Chyld of Mathias his brother was burried they Comeing liome again found Reynier Vander Coelen Constable there, whoe then tould ye deponant that hee came wth a warrant from N : Castle for the boy, att wch tyme Justa Andries denyed to Lett goe the boy saying that hee had given his wyfe noe order to Lett goe ye boy, and a Little whyle after the depon- ant did see Justa andries stand wth a stike in his hand against Mr Moll & further sayeth not. Matthias Mathiass debos sworne declares that hee was prsent the first of July Laest att Justa Andries house, and there heard Justa call ye Constable Contsehraeper and after that Mr Moll went suddainly ouer the Creeke and aeltie Justa's wyfe was schoulding att the Landing or Creeke syde, and further doth not Remember what past more.
Benjamin Nettelshipp appearing in Court produced a Peti- eon shewing that hee was the only Brother to Vieessimus Nettelshipp deceased, and by Consequence the Right heir to his Estate; and that Ephraim herman ye administrator to ye sd Estate of Vieessimus Nettelship hath finished his adminis- tracon: Desiering that therefore hee might haue the Papers
231
RECORDS OF THE COURT OF NEW CASTLE.
and other Conserns delivered him as the heir and proffering to discharge the Court and ye sd Late administrator of the pľmisses etc: The said Benjamin Nettelship producing ye Testimony of Rodger Nettelship his halfe brother, signifying the hee the sd Benjamin was the Right heir. The Court haue therefore thought fitt to order that the sd Estate of Vicessimus. Nettelship wth what thereunto appertaynes bee delivered unto the sd Peticon" as his heir, hee discharging the Court and the sd Late administrator of ye same, and makeing good what Just debts might yett bee brought in against the sd Estate as far forth as the sd Estate Shall Reatch ; all wch the sd Benjamin Nettelship promissed & Ingaged to doe.
This day appeared in Court Job Nettelship together wth MI Johannes Dehaes. The sd Jobb Nettelship declared to be will- ing to bind himselfe and did bind himselfe a servant to the sd Joh : dehaes for the space & terme of fyve Jears to serve him ye sd dehaes faithfully during ye sd space of fyve Jears and hee the sd dehaes promised to find him ye sd Job wth meate drinke washing and Lodging and to give him a yeo Lamb this next spring to run wth Mr Dehaes his sheep for profitt of sª Job, and att ye end of ye terme to Give ye sd Job a Cowe and Calfe wth twoo suits of Cloaths, also to Lett ye sd Jobb Larne to wryte & Reade.
Stoffell Meyer prooveing in Court that hee was sike att the tyme when the dyke was made and desiering that his fyne might be Remitted, The Court did think his Request reason- able and that hee ought to bee Excused of ye dyke fyne.
Att a meeting of the Justices held in the Towne of New Castle July ye 17th 1678.
Mr John Moll 1
Prsent
Mr Peter Alrichs Mr fopp outhout Justices.
Mr Jean Paul Jacquet Mª Gerret otto
Capt Edmund Cantwell High Sherrife.
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RECORDS OF THE COURT OF NEW CASTLE.
Itt being taken into Consideracon that seuerall necessary Buisnesses Relating to the welfare of this Towne of New Castle and the Parts adjacent ougt to bee demonstrated to his honor the Governor att his his arryvall from England as alsoe seuerall priviledges and other good & benefitiall orders and Grants, ougt to bee Requested att his honors hands, The Court haue therefore thought best to the end itt may be well prsented and his honor made acquainted wth all materiall passages here, and a Result and answer from his said Honor ye Governor ob- tayned, To desire Impower and depute M' John Moll one of ye members of this Court in the behalfe of the said Court to effect and accomplish the abovesd and humbly to shew and at Large demonstrate the hereafter menconed particulars as fol- loweth vizt.
1. To desire and humbly Request his honor the Governor to grant us Leaue and permission to obtayne and haue an orthodox minister to bee maintayned by the gifts of ye free willing Givers.
2. To desire of his honor that a double number of mages- trates may bee ordayned and to prsent as the fittest prsons vizt Mr Johannes Dehaes Mr William Semple MT Abram Man and Mª Hendrick Williams ; and that a Coroner may alsoe bee ap- pointed.
3. To Intreat his honor to send us the new corrected Law- booke and seale for ye office as heretofore promised.
4. Whereas the Land of Capt" Car deceased Lying betweene Mª Toms Plantation and this Towne of New Castle, was form- erly kept up in the vendue for the Townes use, and whereas the Towne haue nott as yett proffered any monny for itt, Therefore to desire his honors orders to sell the said Land publicqly and further to know what tytle shall bee given ye purchazers.
5. To make his honor acquainted that the surveigor Mr Walter Wharton neglects his office of surveiging to the great obstruction and hinderance of seuerall People, as well wthin the Jurisdiction of upland Court as this Court, and that the
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RECORDS OF THE COURT OF NEW CASTLE.
Rate allowed to bee paid for his surveiging fees, farr Exceeds the Maryland Rate, wch much discourages the People, There- fore to desire that the fees may bee Equalized wth Maryland fees and Cheefly to make his honor acquainted how that to the Great blame and shame of the Governmt hee the sd Mr Wharton hath married himselfe and further that hee prom- isses Lands to People and Enters the same in his surveigors booke before that the prsons haue any Grant or order of the Court, and takes bills under the Peoples hands for the same, all wch this Cort by an order bearing date the 4th of June Laest haue Referred to the Censure of his honor the Governor, and more that hee hath forced one man in Maryland to assigne his Pattent to him only for surveigor fees whereby two familys are hindered of settling wch sd Land hee the sd Surveigor hath sould.
6. That his honor will bee pleased to establish waigts and measures, and that a gage bee apointed in this River for all Coopers to make the Tobbacco hoghsheads accordingly.
7. To make his honor acquainted how that Mayor fenwike forbids the People of the eastern syde of this River to pay their Proportion of ye publicq Rate Layed Laest Jeare for the Pay- ing of the woolfsheads, and that hee the sd fenwike threathens the People wth Ruine incase they pay any, and that hee the said fenwike now has Laid a Tax himselfe, Therefore to know whether the People there Shall pay any of ye sd tax and how for the future this Court Court shall act and behauue them- selves towards the said Eastsyde.
8. To shew how that dayly seuerall People doe mutch Com- playne, that their old debts due unto them out of ye publicq are not paid, to desire his honor to Consider the Poore people that some way may bee found out for their sattisfaction Either by the Lotts of Land yett to bee granted in this Towne or otherwayes as his honor shall thinke best.
9. To know his honors will and pleasure whether a Levy or tax may bee Laid for the paying the debts made during the tyme of this governmt Conserning the forte and the dyke etc.
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RECORDS OF THE COURT OF NEW CASTLE.
10. Whether houses & Lands of prsons deceased or Run- away are Lyable and may bee publicqly sould for ye paying the partees Just debts, incase the p"sonall Estate falls short and how the Court shall act in that and ye Lyke buisnesses.
11. That Liberty of Trade may bee granted us wth ye neighbouring Collony of maryland for the supplying us wth negros, Servants and utensills wth out wch wee cannot subsist and alsoe that Liberty may bee granted us for or owne vessells wch wee may gett to enter and Cleare the same here wthout Touching att New Yorke incase wee mnight send them for England, Barbados and other places wee observing the acts of Parliament.
12. To Represent & make his honor acquainted wth actions and proceedings of ye Comander Capt" Billop here sence his honors departure to ye end that the Poore People, may nott bee oppressed and that the Court may know for the future the Right meaning and Extent of the Commanders Comission, The t' Cheef of wch sd Comand's actings being breefly menconed. vizt :
1. That ye sª Comandr att his first Comming here and all along hath publicqly blamed & defamed ye Governor and alsoe that hee the sd Comandr Contrary to his duty stands up for and holds wth Mayor fenwike, wch hath so amazed the Inhabi- tants of ye Eastern shoare that some of them know not whome to obey : 2. To know whether the sd Commander hath power over the Court to Comand them and ye Lyke as hee in seuerall speeches hath declared. 3. To take a Coppy an to prsent to his honors view what in the Records ye 8th of March Laest is Entered downe Conserning sª Comander : 4. To desire his honor to Explayne whether hee the sª Capt" Billop hath acted Lawfully to take Poore Peoples goods out of their houses wch they had gott out of maryland for old debts due for Cattle sold to the marylanders and wth out any forme of Lawfull pro- ceedings to keepe the same goods and Convert them to his owne use, The p'sons from whome hee hath taken sd goods being Lasse dalbo Jan Boelsen Andries Boen etc : and humbly to Intreat his honor in the behalfe of ye poore people that
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RECORDS OF THE COURT OF NEW CASTLE.
that and other the Lyke buisnesses may bee examined and ye goods Restored to them. 5. & Laestly To make his honor ac- quainted that hee the said Commander hath from tyme to tyme taken up and made sale of unmarkt hoghis horses & mares as alsoe of stray markt horses for Instance one horse of doctor Tymen of Caspares herman one markt mare taken out of Capt" Cantwells pasture and sould to M' James Coursey in Maryland for 1200 Ib of Tobbacco, and seuerall hogs had of doctor Tymen & Jan Staalcop. To the End his Roy11 high- nesse may haue his due out of the abovesd Creatures, and further to desire his honor to know whether the said Com- mander hath power to grant Lycenses for marriadge as to seuerall prsons hee hath done, whereby ye Common Course of three proclamations in the Curch or beands setting up is Laid asyde.
Given under or hands In New Castle this 17th day of July Annoq Dom : 1678.
ED : CANTWELL
(signed) (signed) JOHN MOLL PETER ALRICHS F : OUTHOUT
JEAN P : JACQUET GERRET OTTO
By ordr of Court
EPH : HERMAN
Clarke
Johannes dehaes his Grant for a Lott of Land wthin this Towne was viewed & Confirmed by the Court.
Att a meeting of the Comander and Justices held in the Towne of New Castle July the 17th 1678.
Capt" Xtopher Billop Commander Mr John Moll
Mr Peter Alrichs
Prsent
Mr fop outhout
Justices
Mr Jean Paul Jacquet Mr Gerret otto Capt" Edm : Cantwell High Sherrife
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RECORDS OF THE COURT OF NEW CASTLE.
The following Letter from the honorbls Counsill was this day Read vizt.
Gent :
Yors of ye 5th by the Returne of the Expresse sent to you by the Councill arrived here the beginning of the weeke, but yor answer Seemed verry Little sattisfactory to any perticular they wryte about, as to ye order Conserning Mayor fenwike the Counsill did thinke and upon serious Perusall of ye same againe doe find that itt was absolute and full, Itt expressing that incase of his Refusall to act in assuming a power of governnt to himselfe order . . . to Come to New Yorke ac- cording to his . . . upon yor summons that then the Com- mandr and you the magestrates were to use force to secure his person and send him heither, so you needed not any new Re- sult to bee directed to yo"selves alone (itt being thought fitt to direct itt to the Commander alsoe) more absolute then the former, wch the Councill thinke sufficient, so shall not alter anything therein but Leaue you to answer yor neglect to the Governor who is dayly expected and all predjudice or mis- chiefe that may happen thereby to Lye att yor Doors, they haueing done their duty. ffor the buisnesse of the Estate of Mr Tom deceased, The Councill Lykewyse thought they had Exprest themselves verry Playne as to the sale of that Estate to sattisfy Creditors as the Lawe directs but thinke itt verry unreasonable to Exclude Capt" Delauall from his Judgemt be- cause MI Tom did itt in his will, unlesse Errors can bee prooved in itt, or that itt was illegally obtayned. The strict nicety of his Boddy being taken in Execution being not thought sufficient to debarre the Creditor of his Just due debt where effects can bee found to make sattisfaction neither hath itt ben ever practized in these parts, though in England itt may, where the Restraint of prisoners is much more strict and of another manner then Mr Tom's ever was who in a manner had as much Liberty after as before the Execution Laid on him.
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RECORDS OF THE COURT OF NEW CASTLE.
The Counsill doth alsoe much admire at the Court so suddain giving Judgement against the Estate of the deceased for a stranger of Maryland Concerning 2000 & odd hundered waight of Tobbacco upon so slender proofe (as they are in- formed) wich may defeate many others within the governmt who can itt may bee proove their debts more substantially : upon Consideracon had thereof & yor desire of more partic- ular orders therein the Councill thinke itt Convenient that one of ye Creditors doe administer upon the Estate of the said William Tom, and in Regard of ye Resignation of any Intrest in the Estate of the deceased by Cap" Edmund Cantwell on behalfe of his son to ye predjudice of the Creditors by vertue of the will made by the sd M' Tom wherein his son is named Executor They are of opinion that ye sd Capt" Cantwell is ye fittest p"son to haue the same, whoe upon giving security to administer according to Lawe and Returning a Certificate thereof may haue Letters of administracon from hence so to pay the debts and put an Issue to that buisnesse as is usuall in such Cases : Soe haueing noe farther at prsent Conclude and Remaine, Gent :
New Yorke June 21th 1678
Yor most humble Servant By order of ye Councell (was subscrybed) MATTHIAS NICOLLS Secr.
(The supperscription was) For the Justices of the Court of New Castle in delowar-These In New Castle.
The aforestanding Letter from the honorble Councill Read and the Buisnesse of Mayor fenwike taken into Consideracon by the Commander & Justices of this Court and Capt" Billop signifying that att his Laest being ouer att Salem the Laest weeke, that then Mayo" fenwike was willing to answer the honorble Counsills order att New Yorke and that hee will sur- render himselfe att New Yorke according to his parole; Re-
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solved and ordered by the Comander Joyntly wth the Court that Mayor fenwike incase hee will Give under his hand by a Letter to ye Counsill that hee will not act by assuming any power of governmt to himselfe on that syde of the River or anywhere else, and that hee within the space of Twenty dayes promisses to make his prsonall appearance att New Yorke according to his parole, that then hee bee Left there, but in case of Refusall and that hee doth not send a sattisfactory answer, That then the sd Commander together wth the high sherrife presse and take wth them so many of the militia as they think fitt and wth them seize the sd fenwikes prson and send him to new Yorke wth out delay according to the order of the honorble Counsell.
Followeth the Letter sent to mayo" fenwike
Mayor Fenwike
Sr Capt™ Billop signifying to us that you haue altered yor former Resolucon and that now you are willing to answer the order from the honorble Councill of New Yorke, and that you will goe and there surrender yourselfe according to yor Parole, now therefore if you will forbeare the assuming any power of governmt to yo selfe and within the space of 20 dayes will appeare in New Yorke and there surrender yo selfe according to yor Parole then signify soe mutch in a Letter under yor hand to ye honorble Councell in New Yorke, and send the same Letter open to us under a Couert by this bearer that soe wee may bee possitive of yor Resolucon. Remaining Sr
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