USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 17
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Yoer affectionate frinds
N : Castle July 17th 1678
(The supperscription was) To Mayor John fenwike att New Salem These
(was signed) CHRIST : BILLOP JOHN MOLL
PETER ALRICHS FOP OUTHOUT JEAN PAUL JACQUET
GERRET OTTO
239
RECORDS OF THE COURT OF NEW CASTLE.
Honorble Srs
Yor Letter of the 21st of June Laest wee Received, In an- swer to wch wee Reply, that the occasion of yr wryting alone the 5th of ye same month in wch to our sorrow yor Honors Reply to Receive soe Little sattisfaction was not that wee de- siered to bee only Conserned wth out the Commander (who mutch takes the part of and is a great frind to mayor fenwike): but that wch was writt then Conserning mayor fenwike wee had out of ye mouth of the sd Commander, and his not sign- ing of the said Letter was by Reason the other particulars therein menconed Conserned him not: By the Inclosed Cop- pies yor honors will see what Result hath ben taken by the Comander and us sence the Receipt of yor sd Letter : and sence the Commander and high Sherrife haue fetched the said fen- wike to this Towne, and altough itt was supposed to bee a more secure and better way to send him by waeter in this Sloope, Yett ye Commander thinkes it best to send him by Land, wch hee Lykewyse hath obligeth to doe. As to M' Toms Estate Capt" Cantwell offers security and Intends to come to New Yorke himselfe to take out Letters of administracon ; and as to the Judgement, so suddainly given as alledged, the same was for twoo bills wch were divers tymes before Confessed by the deceased and those of Maryland make noe difference in the Lyke Cases wth us, but suppose there will bee Little Left after Capt" d' Laualls debt is paid soe hauing no more att prsent Remaine
Yor honors most humble subjects & servants
N. Castle
The Cort of N. Castle
July 24th 1678 By order of the same Eph. Herman CIr
Att a Court held in New Castle November the fifth 1678.
Mª John Moll
Prsent.
Mr Peter Alrichs Mr Peter Alrichs Mr Gerret otto
Justices
Proclamation being made and the Cort being opened the
240
RECORDS OF THE COURT OF NEW CASTLE.
following new Commission from his honor the governor for the magestrates was publicqly Read :
Sr Edmund Andros Kut seignor of Sausmarez Lieut : and Governo" Gener" under his Roy11 Highnesse James Duke of Yorke & Albany etc : of all his Territories In America.
By Vertue of his mayties Lettrs Pattents & the Commission and authority unto mee . .. by his Royal highnesse I: doe hereby ... Mayties name Constitute appoint . . . you Mr John Moll Mr Peter alrichs Mr fopp outhout Mr Gerret otto, Mr Johannes d' haes Mr Abram Man and Mr William Semple to bee Justices of the Peace in the Jurisdiction of New Castle in Delowar and dependences and any four or more of you to bee a Court of Judicature and In case of siknesse absence or other- wyse of the first etc the next in Commission to preside Giving and granting unto you and every of you full power to act in sª Employment according to Lawe and former practize, of wch all persons Conserned are to take notice & give you the due Respect and obedience belonging to yor places, in discharging yoer dutyes.
This Commission to bee of force the space of one yeare after date hereof or till further order Given under my hand & seale of the Province In New Yorke this 26th day of October in the 30th yeare of his mayties Raigne Annoq. Dom : 1678.
Examined by mee Matthias Nicolls Secr.
(Signed) E ANDROSS.
According to ye aforestanding Commission were sworne, M™ Johannes De haes Mr Abram Man and Mr William Semple for Justices etc.
Att a Court held in the Towne of New Castle in Delowar by the Authority of oer Soueraine Lord Charles the 2ª ouer England Scotland france & Yreland King defender of the faith etc. the first [fifth] day of November in the 30th yeare of his sd mayties Raigne Annoq Dom : 1678
241
RECORDS OF THE COURT OF NEW CASTLE.
Mr John Moll r
Mr Peter Alrichs
Mr fopp outhout
Prsent
Mr Gerret otto M' Johannes d' haes
Justices
Mr Abram Man Mr William Semple 1
The following twoo Letters from his honor the Governor were produced & Read in Court :
N. Yorke ye 24th of August 1678.
Gentlemen.
haueing presently after my Returne . . .. Leaue to and now sent to Capt" Billop Commander & sub Collector in yor River . .. come to this place, This is to desire yor prticular care in all Cases wch may occur for his mayties servis and quiet preservation of said River in the military as well as Civill and to acquaint you that I haue appointed Mr Peter alrichs as Cheef and MY Tho : Woolleston Clercq to take care of the Cus- tomes according to acts of parliamt & former practice, so de- siering to hear from you pr first good Convenience of the state of things with you I : Remaine
Yor verry affectionate friend to serve you :
(The supperscription was) E ANDROSS.
For the Magestrates or Court of New Castle in Delowar River These
Att New Castle.
Copia
Forts ammunition and Guns Received from Capt Billop be- longing to ye forte vizt 8 yron Guns 7 Leaden aprons 18 match Locks 6 fyre Locks in all 24 muscquetts, 12 Collars of bande- liers 66 yron shott 465 musquett bulletts one and one third barrill of powder 3 quiers of Cartridge paper 12 skaynes of match 2 Leadells 3 sponges 3 Rammers 2 wormes all upon 5 sticks 1 bouge bariell 1 Lout stike.
In New Castle signed by JOHN MOLL &
Sept ye 6th 1678 16
PETER ALRICHS
242
RECORDS OF THE COURT OF NEW CASTLE.
Gent :
I haue Recd yor addresse in answer to wch yor desire of a minister is allowed by the Lawe. A new Commission for magestrates is herewth sent and alsoe a Lawe Booke. The Land Commonly Called Capt" Carr's is allowed to bee sould for the use of the Creditors and the purchazer may haue a new Pattent for his Tytle : The Corts haue power to order matters Relating to the surveigor in Every Respect according to Regu- lacons & Lawe.
The booke of Lawes gives directions for weights and meas- ures to bee English butt antient Custom may bee Lookt upon as Lawe and the publicq weighouse is to grosse weights only if or above a quarter of a hundered.
When the accts of publicq debts are stated and allowed Care shall bee taken for their payment as desiered. Houses and Im- prooved Lands are Lyable to pay debts as well as moveables, and where none administers the Court may. appoint some Re- sponsable person to doe itt haueing due Reguard to widdowes.
All favour may bee Expected as to trade soe that the acts of parliament & orders thereupon be not Infringed wth due Re- guard to the Custome house here.
The Late Comander is here and to give on acct of his actings in yor parts, and if any haue been wronged by him they shall haue Right & alsoe any publick matt" weh may further acrew Rectifyed as soon as may be, I: Remaine.
New Yorke Yor verry affectionate friend
Octobr 26th 1678.
E ANDROSS.
(The superscription was)
For the Court Justices
of the Court of New Castle
These-In delowar.
Mª Machiel Barron for himselfe and in the behalfe of the other old Inhabitants of the Eastern shore, This day brought and produced in Court a warrant from The Right Honorble Governor S' Edmund Andross directed to this Court : The sd warrant being here following Recorded, vizt
243
RECORDS OF THE COURT OF NEW CASTLE.
By the Governor
Whereas I : have Received seuerall peticons and Complaints from divers of the Inhabitants of the East syde of delowar River that haue ben disturbed in the Lawfull possession of their Lands & Tennemts there by Mayor John fenwike & others These are to desire and authorize you the Justices of the Court att New Castle to take Care that the said Inhabi- tants bee not disturbed in their possession upon any pretence whatsoever by the said Mayor fenwike or others, and if occa- sion to make mee forthwth acquainted wth the same Given under my hand in New Yorke this 28th of october 1678.
To the Justices of the (was subscribed)
Cort of New Castle E. ANDROSS.
The following order from his honor the Governor about Lands was this day also openly read in Cort & fixed up att the Cort house :
By the Governor :
Whereas I : did in the Yeare 1675 among other Regulacons then made for Incouradgemt Remitt the quit Rents for the first three Jeares of all New Lands to bee taken up & seated in Delow" precints, wch haueing prooved Inconvenient by many takeing up Land and not seating att all, I : doe therefore Re- peall & Recall the same Except for such as haue seated & Improoved upon said order to bee accordingly Indemnifyed, Butt all such as haue taken up Land & nott seated & im- prooved and made due Returne thereof as by Lawe & orders (sent & published Last Jeare to bee Recorded, to forfeit the same and the Land not seated and Improoved to bee disposed of as vaccant Land, and all such as haue Improved & seated but nott made such Returnes are hereby againe Required for Rectifying of former & preventing of future disorders) wth in the space of six months next ensuing the date hereof, to make a due Returne as above of such their Land, quantity & scitu- ation according to the Pattent Surveighs or Cards thereof, to
244
RECORDS OF THE COURT OF NEW CASTLE.
ye Clercq of ye Court in whose Jurisdiction their said Land Lyeth, to bee there Recorded, and by the Court Certifyed to the Secretars office here, and such as haue not taken Care to pay their quit Rents due for the Same that they wthin the space of six months as above account and pay the Errears to the now Receiver from my first Comming into the Country in 1674 and for the future all such as haue or shall take up Land are to pay their quit Rents from their takeing up Such Land and yearly att the Townes of Upland New Castle and Whoore- kill for the severall precincts att their perrills and such as shall take up and nott Improove Land to forfeit the same according to Lawe This order to be forthwith published and sett up att the Court houses of Upland New Castle and whoore- kille in delowar Given under my hand In New Yorke this 25th of October 1678.
(Signed) E ANDROSS.
Resolved (In Reguard the Church doth verry mutch want Reparation) That M' John Moll & Mr Peter alrichs take Care and order about the same, The Charge & Cost to bee found & Raysed by a Tax if no Monny bee more due upon the former List of ye Reader.
Upon tlie Peticon of hans Peterson desiering a grant to take up 100 acres of Land Lying in schilpatts Kill formerly Im- prooved by Lasse andries : The Court thought fitt to Referr this till next Court day.
Samuel Pietersen of Christina Creeke prooveing in Court by the oaths of Mr Tymen Stiddim Jan Staalcop & Lasse Way- man, that Juns anderson smith Late of Christina deceased by a nun cupative will before his decease hath willed & bequeathed all his Estate to him the sd Samuel Peterson & hath made him his heir, and itt being alsoe manifested that the Estate of ye sd deceased is verry Inconsiderable, The Court did thinke fitt (In Reguard the sd Samuel Peterson had been att ye Charge of attending sª deceased in his siknesse and alsoe of his burriall) to allow of the sd Nuncupative will and do order and author-
245
RECORDS OF THE COURT OF NEW CASTLE.
ize the sd Samuel Peterson to administer upon the said Estate according to Lawe.
Upon the Peticon of Peter Abrinck desiering a grant to take up in oppoquenenen twoo hundered acres of Land etc : The Court Grant ye Peticoner his Request hee seating & Improove- ing sª Land according to his honor the Governors Rules & Regulacons.
Upon the Peticon of George Moore against Mr Walter Wharton Conserning the Estate of Thomas Lane deceased : ordered that Mr Wharton Either by himselfe or attorney apeare att ye next Court here in New Castle to answer to the sª Peticon's demands, or otherways and In case of further delay Judgemt to . . . . against him wthout delay.
The Court haue Granted to John Walker Junior upon his Request 200 acres of Land to take up, hee seating & Improove- ing sd Land according to his honor the Governor's orders & Regulacons.
Whereas Johannes Dehaes made itt appeare to the Court that the Estate of doctor John Disjardius deceased stands Justly and Treuly Indebted unto him by twoo Certayne bills from under the hand & seale of the sd deceased bearing date the 9th of November 1677: The full quantity of three thou- sand seuen hundered & fifty Ib of Tobbacco & Caske: The Court doe order Judgmt against the sd Estate for the sume of 3750 Ib of Tobbacco, and doe allow of the attachmt wth Costs.
THOMAS SPRY Plt HARMEN JANSEN Deft
The Plt not prooveing what he proffered to proove the Laest Court day ; and the Court haueing heard all what can bee alledged on both sydes; Doe order that Judgemt bee Enterred against the deft for the former fees of ye Sherrife and Clarke to the sume of 103 gilders 6 styvers. and that the deft pay more unto the Plt a sowe that shall bee worth 50 gilders wth Costs.
246
RECORDS OF THE COURT OF NEW CASTLE.
ROBBERD WILLIAMS by his - In an action of debt Attorney JAMES WIL- Plt
GEORGE MOORE Deft to ye sume of 200 LIAMS. gilders by bill.
The deft George Moore that his bill might bee produced, denying the debt whereupon the Plt prooveing by three witt- nesses namely gisbert Dirksen Thomas Spry & Jolin ogle, that the debt was due and that this deft had formerly owned and accepted to pay the debt to gisbert dirksen for ye PIts acct : The Court haueing heard the debates of both partees, Did order Judgemt to bee enterred against the deft for the said sume of Twoo hundered gilders wth Costs.
Upon the Peticon of Moses Degan desiering a grant of this Court for a Lott next unto the Lott of Johannes Dehaes, wth in this Towne of New Castle : The Court doe grant the Peti- con" Liberty to take up the said Lott to bee In Lengt & breath Equall wth the others Provyded the Peticon" fences the sª Lott and builds a dwelling house thereon, wth in the space of six months now next Ensuing the date hereof.
Upon the Peticon of Jan Boeyer desiering a grant of this Court for a Lott next unto the Lott of Moses Degan, wth in this Towne of New Castle : The Court doe grant the Peticon" Liberty to take up the said Lott to bee in Lenght & Breath Equal wth ye other Lotts. Provyded the Peticon" fences and builds a dwelling house thereon wth in the space of six months now next Ensuing the date hereof.
Whereas Mr John Moll made itt appeare to the Court that the Estate of doctor John Disjardins deceased stands Justly Indebted unto him . . . funerall Charges the sume of three . and sixty and Twoo gilders, and m . . . ballance of acct the sum of twoo h . seventy and foure gilders, amounting . . . . to ye sume of six hundered therty & s . . . . The Court doe grant Judgemt agst Estate of doctor Jolin desjardiens for the sume of six hundered therty and and six gilders wth prferrence for the funerall Charges, and doe order that all the attached effects belonging to the
247
RECORDS OF THE COURT OF NEW CASTLE.
said Estate of doctor John Disjardius bee publicqly sould by outcry.
Justice John Moll this day brougt in Court the papers found wth doctor John Disjardius Deceased, att his decease in New Castle, being sealed up: The same being opened and viewed by the Court Itt was ordered that the said Papers should be againe sealed and delivered to Justice Peter Alrichs (whoe purposing to goe suddainly for Maryland did promis to deliver them to ye widdow or administrat").
Josyn Boeyer the wyfe of Mr William Semple for hur un- handsome & ill behauior being heretofore bound ouer to the Court, The Court, (in hopes of hur better behauior) did Con- tinue ye prsentment till next Court day.
Upon the Peticon of Andries Tilly desiering of this Court Liberty to take up one hundered & fifty acres of Land wth in the Jurisdiction of this Court : The Court Granted the Pe- ticon" his Request hee seating & Improoveing the sd Land according to Lawe & his honor the Governors orders & Regulacons.
ROBBERD WILLIAMS attorney for
JOSEPH POST of Long Ysld Plt Continued by ye
ARTHUR CARELTON & ELIZABETH his Wyfe administrators of the Es- 1 Deft Court.
tate of JOHN MORGEN deceased
THOMAS HARWOOD Plt - JACOB VANDERVEER Deft Continued.
Elice the wyfe of oele Toersen deceased shewing by Peticon that Jacobus fabritius heretofore did borrow of hur sd husband the sume of seventy and seven gilders of the Monny then be- longing to ye Church att Swanwyke, as alsoe that there was yett a small parcell of wampum in hur hands of ye sd Church, desiering (sence those of ye Church of Crainhoek doe demand itt) that this Court would order hur to whome she shall de- liver the sd wampum as alsoe whoe shall Receive ye monny
248
RECORDS OF THE COURT OF NEW CASTLE.
bake of sd fabritius : Ordered that the wampum as alsoe the debt of fabritius bee Received by this Church of New Castle as the nearest to itt, Those of ye Crainhoek hauing alreaddy Re- ceived a good part thereof.
Itt being Represented to ye Court that notwithstanding ye former orders of this Court, the Highwayes betweene this Towne of New Castle and oppoquenemen are as yett not finisht, and that the ouerseers there of Caspares Herman and Roelof Andries notwthstanding they had given due notice to the People to come and help the finishing of ye sd highway, Yett seuerall prsons Remained absent from ye worke etc: The Court therefore againe order that ye sd Highway be made & finisht wth in ye space of 14 dayes . . . each prson whoe (after notice given by the overseer) shall Remaine . . . shall forfeit a hogshead of Tobbacco . . . one halfe thereof to ye overseer : Roelof andries and his Company o . . . Cleare alsoe to The mill branch toward Maryland.
JOHN SHACKERLY Pit JAUNETTIE VIDETTE Deft §
Continued by ye Court.
Ephraim Herman shewing to the Court that ye allowance of 6 pr Cento formerly allotted unto him as Vendu Master was soe small that itt would not quit Costs the People Living soe remote etc : and therefore desiering to bee dismist of that Im- ployment of Vendu Master etc.
The Court being sensible of the Trouble & Risicore where- unto the Vendu Mastr here is exposed, Did allowe for an In- couragement to ye sd Eph : Herman in his said Imploy of Vendu master, for what he shall sell in vendu after the Rate of Eight per Cento.
GERRIT OTTO FRANCIS STEEVENS
Plt Deft
The PIt withdrew his action in Court de- claring to haue agreed
249
RECORDS OF THE COURT OF NEW CASTLE.
EDWARD ENGLISH
THOM : ALLIN
Deft S
Plt Continued till next Court.
EDWARD ENGLISH
plt
Continued as above
JUSTA ANDRIES
Deft
EDWARD ENGLISH
Plt
JAMES CRAWFORD
Deft
JOHN OGLE
Plt
Withdrawn by ye Pit
JAMES CRAWFORD
Deft
ENGELBERT LOTT
Plt Continued by ye -
JOHN LAWE
Deft S Court
DANIELL MAKERTY
Plt Continued by ye Pits
HERRINGTON
Deft S
desire
. . ND JOANE STREET Plt
. . ELL MAKERTY
Deft
Referred to next
. FOSTER
Plt
Court as when
. . S CRAWFORD
Deft
Lucas Ebell is to appeare
JOHN STREET
Plt
- Continued till next Court.
JUSTA ANDRIES
Pl
Continued as above
THOM: SNELLING
Deft
ROBBERD MORTON
JEREMIA HERRINGTON
Deft
Plt - Continued as above
WILLIAM GRANT JOHN STREET
Plt - Withdrawne by ye Plt
ROBBERD HUTCHINSON
Plt
Continued
JOHN OGLE
Deft
Partees agreed
1
-
JEREMY HERRINGTON
Deft
Deft
Continued as above
250
RECORDS OF THE COURT OF NEW CASTLE.
THOMAS MORSE attorn: for Mr Jº UNION
1 Plt Continued Court
by ye
ROBBERD HUTCHINSON
Deft
JOHN OGLE
Plt This action was by
The Estate of DOCTOR
}
Deft the Plt withdrawn
Jº DISJARDINS - in open Court.
OELE SWENSON Pit Continued by ye Court
HENRY SALTER
Deft
JOHN SCHACKERLY attorn: for WALTER WEBLY
Pit
- Continued as above
GEORGE OLDFIELD
Deft
JOHN SCHACKERLY Plt
Continued as above
HENRY SALTER
Deft
DOCTOR DANIEL WILLS Plt
GEORGE BRUCE Deft partees agreed
The being alreddy seuerall orders past . Estate of doctor Jo disjardins deceased and . . . . actions Entered agst dtto Estate, The Cort for ye most advantage of ye sd Estate what effects there are of ye sd Jardins . Limits of this Court, attached and Cond . .. . that ye same bee sould by vendu or pu . . . . to ye most bidders :
Gerritt otto and Geertie his wyfe the Late widdow of Cornelis Jorissen, This day aknowledged a deed & Conveig- ance of a Certaine house & Lott of ground Lying & being wth in this Towne of New Castle at ye Strand or Watersyde, unto Jan hermsen of this Towne aforesª Carpender, wch sd deed stands att Large Recorded in the Records of Conveig- ances on folio 30 : & 31 :
John Ogle & Elizabeth his wyfe This day in open Court aknowledged a deed and conveigance of a Certaine Island Lying in Christina Creeke Commonly known by the name of swart neuten Ysland, together wth itts appurtenances unto
251
RECORDS OF THE COURT OF NEW CASTLE.
John Darby Late of Chester River in Maryland, Planter, wch sd deed stands att Large Recorded in ye Records of Conveigances etc on folio.
The Cort adjorned till first Teusday in December next.
Att a Cort held in the Towne of New Castle By his Mayties authority on Teusday December 3rd annoq Dom : 1678.
Mr John Moll Mr Peter Alrichs
Mr fopp outhout
Prsent.
Mr Gerret otto
Mr Joh : D' haes
Justices.
Mr Abram Man Mr Will Semple
Capt" Edm : Cantwell High Sherrife.
Gent :
Capt" Edmund Cantwell haueing made . . . . to the Gov- ernor to haue Lres : of administration on the Estate of William Tom Late of New . . .. in delowar deceased, whoe in his Last will . . . Testament (after Just debts paid wth of Capt" d'Lanall) did give will . of all his Estate, goods Chattles . . . &c unto his god son Richard C . . . . of Capt" Edm : Cantwell, as his .. . Executor desiering or- dayning and . . . the Justices of ye Court att new Castle . . . being to bee overseers and Guardians . . . sª Richard &c untill he should come . . . adge as in ye sª will is more particu . . . . forth, and the sª Capt : Cantwell . . .. formerly made suite to the Coun . whole Estate both Reall & p"sonall . . . . William Tom deceased might bee appraized or publicqly sould to sattisfy the Creditors he the said Capt" Cant- well being willing and Ingageing in his son Richards behalfe to desist of all benefitts etc, coming to his sª son by the sª will and that the said will might bee disannulled & Canselled, whereunto the Councell ordered mee to Returne an answer to the Court to the wch I Referre you. The Governor haueing now seen a Copy of Mr Toms will and heard whatt Capt Cantwell hath alledged of his Resignation of the Rigt of his son to the will
252
RECORDS OF THE COURT OF NEW CASTLE.
(whereby the Trouble yt would haue bene given the Court as his guardians, will bee att an End) doth Recommend itt to you to appoint one fitting to administer, and if you approove of Capt" Cantwell (whoe seemes to bee most proper and as wee thought was allowed of you before) Itts the Governors order that you admitt him, giving security to administer according to Lawe and give an accompt thereof heither wth the first oppor- tunity and Letters of administracon will bee granted from his honor in ye spring butt hee may haue Liberty to act in sale or disposall of the Estate of ye deceased and to pay debts immediately : I : have not further in Charge as to this matter at prsent but remaine-gentlem :
(The supperscription was) Yor most Humble servt
To The Justices of ye Cort of (signed) New Castle in Delowar. These
MATTHIAS NICOLLS.
Att New Castle
Capt" Edmund Cantwell haueing produced the aforestand- ing Letter Relating to ye Estate of William Tom deceased in Court, and desiered to bee admitted administrator of ye sd Estate; The Cort haueing Lykewyse perused the same, doe approove & Lyke of sª Capt" Cantwell to bee administrator of ye sd Estate hee prforming according to ye Tenor of ye sª Letter.
The following Letter of Capt. Mathias Nicolls Secretary was this day, by Jane the widdow of John Arskin produced in Court :
Gent :
Uppon The addresse & complaint of Jane the widdow of sergeant John Erskine late of New Castle in delowar to the Governor on behalfe of hurselfe & Children setting forth that suddainly after sd husbands death before any acct was taken of the Estate Left by him (hee dying intestate) or any admin- istrato" appointed to take care thereof as required by the Lawe Mr John Moll one of the Justices there seized by attachmt on a forthy foott house of Tobbacco wch was struck & Lay in
253
RECORDS OF THE COURT OF NEW CASTLE.
bulke, but not stript in the sd house, the wch Continued so, but was neglected by the sª Mr Moll & his agents, or the . . . . sherrife whoe attached it, (the widdow . . . daring to medle therewith the broad A R being put on the house) untill the greatest part was Lost, being rotten and the remainder ap- prized at a small value was Received by the said M' Moll wth divers household goods and utensills belonging to a plantation taken in Execution, and upon another Execution obtayned by William Semple her Cowes were Lykewyse taken away, wch prooved verry mutch to the predjudice and damadge of ye said widdow & children; By the Governors order & direction I am to acquaint you that the proceedings herein haue been verry irregular & that the administracon (belonging to the widdow) if still refused by her the Court to nominate one or more responsible prsons to administer & take that trust upon them ; and to appoint a tyme for the Creditors to make their claymes, so yt care may be taken for ye payment of their Just debts Equally according to Lawe wch directs Judgements & specialtys to bee first paid, and other debts of bookes and accompts afterwards, (that is such Judgements or specialties as were obtayned in the partees Lyfetyme) with due regard to ye widdow and Children) but wth all to take notice, that all Estates of houses or Lands in this Country are as Lyable to pay debts as moveables so that the persons whoe haue Received any part or proporcon of the said goods or Es- tate upon pretence of Judgemts since irregularly obtayned are to Redeliver the same bake to the widdow and the adminis- trato" to take acct thereof and if any damadge hath hapened to the Tobbacco by occasion of the attachmt through the want of Care of ye undersherrife or those that imployed him, the same is by them to bee made good : If the widdow desires to administer (for whome it is most propr) the Estate will bee a good part of the security and you will doe well not to bee hard with her for ye Remainder itt being supposed there is enough for the Creditors and to Leaue a Competence for the widdow & Children As to the difference between the said
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