USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 20
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Francis Jackson servant to Mr Abram Man apearing in Court and desiering to purge himselfe by oath of the grin- stone heretofore said by Symon Gibson to haue ben given or sould to the sd Symon by the sd Francis, The Court there- upon haueing sworne the sª francis Jackson, hee declared upon oath that he never directly or Indirectly sould or gaue a grinstone unto Symon Gibson.
The prsentment agst Agnita Hendricks was Continued till next Court day.
The prsentment ag.st Mary the maid Servant of Ralph or Robberd hutchinson was Continued.
287
RECORDS OF THE COURT OF NEW CASTLE.
William Mansfield haueing heretofore made Complaints to ye Justices that hee the said Mansfield comming by evening unto ye house of hendrick Vandenburg wthin this Towne of New Castle, was att his first Enterance into the doore fallen upon and cut wth a naked knyfe a Crose his Legg a verry deep gassh by Jan Mathiassen servant to Engelbert Lott and that att the same tyme twoo more prsons were cut by the sd Jan Mathiassen; The said buisnesse being now Examined by the Court and the sd Jan Mathiassen being questioned did Confesse his falt, humbly Craueing for mercy promissing for the future to amend his Lyfe.
The Court haueing Reguard to the Jouth of him the said Jan Mathiassen, did thinke fitt to Remit part of the punishmt wych otherways should haue ben Inflicted upon him, and there- fore doe order as followeth Vizt That the sd Jan Mathiassen pay the sume of 30 gilders for ye Curing the wound, to the doctor, as alsoe more for the smart & Losse of Tyme to the sd Wm Mansfield ye sume of 30 gilders ; and Laestly that hee the sd Jan Mathiassen shall sitt in the stocks for ye space of 2 howers and that his Master bee bound for his good behauior.
Engelbert Lott in Court did bind himselfe in a bond of ten pound for the good behauior of his sd servant Jan Mathiassen during the tyme of his servitude; and did promis to pay all Costs of Court etc.
Henry Salter being by this Court bound ouer to answer his Slaunder & Impeachmt : against this Court before his Honor the Governor att New Yorke did this day apeare in Court and did by his Peticon as well as verball humbly aknowledge his falt and Errour ; and humbly Intreated that the Court would Remit his falt and Excuse him of going to New Yorke. The Court considering the Peticoner adge sikness and humble sub- mission and aknowledgemt doe Remit the Peticoners fault, order him to pay for an aknowledgmt to the Church for the reparation thereof 100 gilders, wth the Costs of Court.
Mary the Late widdow of William Hodges deceased this day apeared in Court whoe declared to haue putt out hur son
288
RECORDS OF THE COURT OF NEW CASTLE.
Charles hodges of about 5 Jeares of adge, unto Thomas Jacobs of Bread & Checse Ysland for the full space and terme of Twelve Jears now next Ensuing, Thomas Jacobs Lykewyse apearing in Court did aknowledge to haue taken the said Chyld for ye abovesd terme of 12 ycars ; during wch tyme hee doth promissc & Ingage to find the sd boy wth sufficient meat drink apparill washing and Lodgeing, and att ye end of ye 12 Jears to give to the boy a Cowe and Calfe, and doth further promis to Instruct him (if hee ye sd Jacobs Lives and that the boy is Capable of itt) In the trade of a wheele Right, and that his son oele Tomas shall Larne ye sd boy to Reede as much as hee can teach him.
Upon the motion of Roelof Andries ordered, that Roelof Andries shall haue the halfe of ye ox by him therefore attached belonging to John Tarkinton, and unlawfully killed by Justa Andries, and ye other halfe to bee for the Court & their officers fees wch oxe is to bee made good by sª Justa Andries.
The Cort taking into Consideracon that the Schipples used for measuring by seuerall prsons are not true & soe as they ought to bee, Doe therefore order the Constables & Church- wardens Everyone in his prcincts, To serch & Try all Peo- ples Schippels and those that shall bee found not good to be Rectifyed.
It being Represented to the Court yt there is necd of a high- way to come from Jan Staalcops Round Christina to this Towne of New Castle, The Court therefore ordered, that all the Inhabitants dwelling on the North syde of Christina, from brandewyn Creeke to the place or plantation of John Ogle, Including him the sd John Ogle, Doe wth all Convenient speede make and Cleare a good and pasable Highway from ye sd Staalcops house Round Christina Creeke to this Towne of New Castle, and doe appoint for overseer thereof Mr Abram Man : whoe is desiered to see the worke Effectually done.
Joseph holding made oath in Court to an acct against Walter Wharton dec. the ballance being 1760 1b of tobb. as
289
RECORDS OF THE COURT OF NEW CASTLE.
also to one acct agst Thomas Jones the ballance 855 Ib of tobb. due to him ye sd Joseph houlding.
The Court being made aquainted yt one Margrett Lee for some tyme past was come out of Maryland to this Towne of New Castle, big wth Chyld : and as hath ben prooved off a Bastard, on purpose to Lye in here, and soe to escape the punishment in Maryland : and the sd Margret Lee being brougt before the Court and Examined The Court ordered hur the sª Margret Lee & MT Peter Jegou did Ingage, That shee the sd Margret should depart out of this Governmt wth in ye space of 8 dayes, upon penalty of seuere punishment In case shee stay Longer & bee found wth in the preincts of this Court ; Mr Peter Jegou alsoe did in Court to Pay ye Costs And to ye end that for the future no such prsons may bee here harboured, and that this place may not serve & be counted a shelter for whoores; The Court doe strictly for- bid all Inhabitants dwelling in their district not to harbour or Intertayne any woomen bigg wth Chyld, (and come from any place wthout ye Jurisdiction of this Court) without giving notice first thereof to a magistrate. Those acting Contrary to this order to bee seuerely punnisht or fyned att ye discretion of ye Court.
Engelbert Lott one of the Church wardens of this Towne of New Castle prsenting Evert hendriks fin at Crainhoek, for haueing two wyves now both alyve att Crainhoek ; ordered that Evert hendriks bee sumoned to apeare at the next Court.
Robberd Hutchinson was this day appointed and sworne Constable of this Towne of New Castle and the p"cincts thereof, for one whole yeare or till another bee sworne & appointed in his place, In the Roome of Reynier Vander Coelen the former Constable, whoe was by the Court discharged.
The selling of the Land of Capt" Carr, and of ye Land and Lotts of doctor Jordins, were by the Court put of till next Court day, To the end yt the widdow of doctor Jordins de- ceased, or any others may haue tyme sufficient to come, and if they can, make apeare any Just Cause why the sd Lotts &
290
RECORDS OF THE COURT OF NEW CASTLE.
Lands should not bee sould for the Sattisfying of the Credi- tors, That they doe itt.
The Court adjorned till ye first Teusday of february now next Ensuing.
Att a Cort held in the Towne of New Castle in delowar, by his Mayties authority february the 4th & 5th annoq Dom : 1678.
MT John Moll
Prsent.
MT Peter Alrichs Mr Gerret otto MT Joh : De Haes Mr Abram Man MT Will Sempill Capt" Edmund Cantwell H : Sherrife.
Justices.
Jacob Vander Veer being examined about ye stone wch was in ye feathers by him sould and delivered unto Thomas har- wood ; Did deny to haue put the sª stone in ye feathers. Jan Staalcop sworne in Court declared that Jacob Vander Veers son, bringing Laest Jeare a bagg of feathers to this deponants house, for Tho : harwood the sd Bagg was weiged by the deponant the weight thereof then did agree wth what the sd boy did say that the feathers had weiged att his fathers house, and as soon as the feathers were weiged the servant of Thomas harwood did bring them in the Cano : but whether the stone was in the feathers or noe the deponant Cannot tell. The Court upon Examination of all the Buisnesse, Greatly suspect- ing that Jacob Vander Veer is Guilty of the fact, and not be- ing willing to proceed to Judgemt before that all evidences were brought in, Doe therefore order, that Jacob Vander Veer appeare at the next Court and that then alsoe appeare, the pson that was Tho : harwoods servant Laest Jeare and that found the stone first in ye bagg wth feathers.
JACOB VANDER VEER PIt - In an action of debt.
THOMAS HARWOOD Deft f
The Plt instead of bringing in a declaration haueing En-
291
RECORDS OF THE COURT OF NEW CASTLE.
terred an Intangeled accompt wthout any sumes exprest of wch the Court haue past their Judgemt Laest Court day against this Pit at this defts suite, and this Plt Lykewyse now not prooving what he brings in : The Court doe therefore Judge this to bee a vexaious suite, and order a non suite to bee En- terred agst ye pit wth Costs.
Tymen Stiddem preferring in Cort a Peticon shewing that heretofore he had purchased from moens andriessen & Jacob Vander Veer a Certayne peece of Land, Lying on the North- syde of brandewyn Creeke Just above ye Land Called ye Smiths Land for wch hee hath paid the quit Rent and being desierous to haue further Confirmacon thereof by Pattent from his honor ye Governo" did therefore desire this worpp" Courts order to the surveigor for to Lay out the sd Land being 100 acres and hee the sd Tymen Stiddem further Complayning to ye Court that Jacob Vander Veer had, notwthstanding hee was forewarned, by him ye sd Tymen, of Late Caused a Resurveig to bee made of his Ysland ; and in the sd Resurveigh had Comprehended and Included, this same Land of him ye Peticoner and that hee dayly Cutts downe the timber thereof, The Cort haueing Examined the p"misses doe think fitt before they proceed further therein, that hee ye sd Tymen Stiddem doe bring att the next Court, all his papers and Evidences touching the sd Land and that Jacob Vander Veer then alsoe appeare for to vindicate himselfe as when the Cort will proceed to a fynal determinacon therein; and in the meane tyme Jacob Vander Veer is to forbeare Cutting of Timber upon ye same Land.
Upon the Peticon of Peter Dewitt Cornelis Jansen, Peter Maeslander, Elsie the widdow of oele Toursen, Jan Barentsen hendrik Jansen etc. all Inhabitants of Swanwike, Desiering a Grant of this Court to take up in Common all ye Land Lying behind Swanwike to begin from Craenhoek Land and as far as Mistris Bloks Land to ye end that noe prson else might here- after come and take up the same and yt soe the Peticon's might bee hindered of fetching wood and timber as well as
292
RECORDS OF THE COURT OF NEW CASTLE.
outdrift for their Catle : The Cort answer that they will not grant any Land so neare to prjudice not only the Peticon's but alsoe the Towne, But doe thinke itt best that the Land shall Lye in Common as heretofore, as well for ye Peticon's as the Towne People.
Copia.
Bee itt knowne unto all men by these prsents that I: Thomas Cramton of Duke Creeke in delowar River doe by these prsents freely give unto my servant John Pridgemore the Running of one Sowe during the Terme of his apprentishipp and att ye End & Expiracon of his said tymne that hee the said Pridge- more shall haue free Liberty to take the sowe away wth all hur Increase, as wittnesse my hand in New Castle this 25 of Jan- nuary 1678.
Wittnesses hereto
(signea)
Samuell Land
THOMAS -+ CRAMTON.
Robberd hutchinson his marke
The abovesd wryting is a true Coppy of ye originall by Sam: Land and Robberd hutchinson produced in Cort & by their Request Recorded.
Hendrick Vanden Burgh preferring in Court a Peticon, shewing, that hee haueing bought ye house & Lott of Jannettie the widdow of Jan Vidette deceased wth in this Towne of New Castle ; according to ye deed of sale or Contract wch hee ye said Jan Vidette had made with Mr Will : Tom deceased, of ye breadth of wch sd Lott the Peticon" wants six foote wch hee de- sires that may bee added to ye same out of ye Lott of Mr Tom adjoyning to it before yt itt sould in Vendu: The Court answer that whereas this buisnesse in the Lyfetyme of Jan Vidette & Mr Tom, was in question, and then decyded by Mr. Moll Mr hans Blocq & Capt" Cregier as umpier and the Peti- con" now haueing in possession soe mutch ground as then the arbitrators allowed, must therefore Rest himself Contented wth ye same.
293
RECORDS OF THE COURT OF NEW CASTLE.
RICHARD EDMUNDS PIt
WILLIAM GRANT Deft
The Plt being default and noe declaration Entered, upon the defts Request The Court granted a non suite agst ye Pit wth Costs.
RICHARD EDMUNDS Plt - The Plt not apearing by him-
selfe or attorney upon ye
HENRY DOLL . . . Deft 1 defts Request is nonsuited.
EDWARD ENGLISH PIt In an action of debt for 950 Ib JAMES CRAWFORD Deft f of tobbº in Maryland.
5 feb 163g Execut was The deft haueing made his Reply to Issued out upon this the PI's declaration : The Cort doe order
Judgemt. Judgemt to bee Enterred against ye deft 800 Ib of tobbº & Caske Payable in Maryland and as for ye article of the Remayning 150 Ib of tobbº Charged for Cort Charges agst Tho : Pryer, The Plt shall haue the same allowed if hee can bring proofe that he hath Legally Charged the same and whereas James Crawford alledges that Edw : Eng- lish has his bill for this debt, if so then Mr English to Re- deliver ye bill or to give a discharge for ye same upon Record.
ROBBERD HUTCHINSON Plt The deft being absent upon Plts desire this action is
FRANCIS STEEVENS Deft Continued.
ROBBERD HUTCHINSON Plt
FRANCIS STEEVENS Deft Continued as above.
The Court adjorned untill tomorrow being ye 5th of february att 9 of ye Clock.
Feb : ye 5th 167g.
CASPARES HERMAN Plt JOHH WALKER SENIOR Deft
The Plt demands by bill from this deft ye sume of 350 Ib of Tobbacco and Caske English wtt for wch hee Craues Judgemt
294
RECORDS OF THE COURT OF NEW CASTLE.
Tth Costs. The deft ownes the debt. The Cort ordered Judgemt to bee enterred agst the deft for 350 Ib of tobbº & Caske English wtt and as for the Tarr of ye Caske Itt is the Courts opinion that 72 Ib English wtt ought to bee deducted for ye same.
Agnieta Hendricks being now Sicke & not in a Condition to appeare att this Court Itt is ordered that shee apeare att ye next Court In the meane tyme shee to Remayne att mistris Blocqs whoe is ordered to see hur forthcoming att the next Court day.
EDWARD ENGLISH PIt - In an action of debt by acct JUSTA ANDRIES Deft } 476 Ib of tobbº & Caske.
This action hauing ben Enterred three Court dayes, and the deft notwithstanding that hee was arrested not appearing, The Court doe order Judgemt to bee Enterred agst the deft for ye sd 476 Ib of tobbacco wth Costs.
SAM : BERCQUER Plt The deft not appearing ye Cort CHRISTOPHR BILLOP Deft Continued ye action
Mary The maid servant of Ralph hutchinson being ordered ye Laest Cort to apeare att this Court and not apearing, by Reason hee the said Ralph has sould and sent hur out of the County, Itt is therefore by the Court ordered that Ralph hutchinson att the next Court day bring the sd Mary to Court, if not hee to bee fyned att the discretion of ye Court.
Anna the daughter of Barent Egbertsen deceased was this day by doctor Thom : Spry and Rebecca his wyfe, wth the Consent and approbacon of the Court putt out to William Grant & his heirs for the terme of six years now next ensuing the date hereof, during wch tyme hee the sd William Grant did Ingage to find hur ye sª Anna wth sufficient meat drinke wash- ing Lodgeing and apparrill, and att the Expiracon of ye sª tyme to give hur as good Cloaths (if not better) as shee now brings as alsoe twoo heifers wth two Calves, and a sowe wth Pigg or wth Piggs by hur syde.
295
RECORDS OF THE COURT OF NEW CASTLE.
Upon the Peticon of Jan Willems neering, desiering this Courts order for to Resurveigh the Land by him bougt of Mr Will : Tom deceased as also a grant to take up 400 acres of Land adjoyning to ye same, Ordered that the Peticon" may Cause ye sd Land to bee Resurveighed and Lykewyse that hee may take up 400 acres of new Land if hee can find any be- tweene ye Red Lyon Run & the highway, seating & improve- ing ye same according to his honor ye Governors orders & Regulacons.
JOH : DEHAES Plt
LEWIS BLANGEE
Deft
The deft default the action Con- tinued.
JOHN MOLL
The deft absent
Plt - the action Con-
JOHN LAWE
Deft tinued.
CASPARES HERMAN Plt
Continued as above.
MATHIAS MATHIASS
Deft
The Executores of ye Estate of
DIRK ALBERTSEN deceased
Plt Continued.
SYMON GIBSON Deft - Plt
JOHN MOLL attorney for JOHN EDMUNDS
JOHN YEO Deft
Upon ye desire of Capt" Cantwell ye defts attorney this action is Continued untill next Court day.
FRANCIS STEEVENS by his In an action of Attorney RALPH HUTCHINSON Plt debt by ball- WYBREGH the widow &c of Deft ance of acct JAN SIERICKS deceased 251 gilders.
The debates of both partees being heard The Cort in Re- guard that the Plt hath made oath to his acct doe order
296
RECORDS OF THE COURT OF NEW CASTLE.
Judgemt to bee Enterred against the deft for 251 gilders wth Costs.
JOSEPH HOLDING Plt
THOMAS JONES Deft
The Plt demands of this deft by twoo bills and one account in all the sume of Eighteen hundered and fourthy twoo Ib of Tobbacco and Caske : The bills being produced in Court & the acct sworne to Laest Court day, The Court ordered that Judgemt bee Enterred against the deft for 1842 Ib of Tobbacco and Caske together wth Costs.
The High Sherrife Capt" Cantwell made Returne to the Court that according to this Courts order bearing date ye 3rd of Aprill 1677 : and the Execution thereupon bearing date the 23rd of October 1677 hee had put Johannes De haes in full Possession of a Certaine tract of Land of 400 acres together wth the Plantation housing and all appurtenances thereupon, Scituate Lying & being In Oppoquenemen Creeke and on the Northsyde thereof, att the old Landing; The said Land haueing formerly belongeth unto Abram Coffin deceased and sence to Lewis Johnson whoe Running away Indebted unto Joseph Cheu The said Land and plantation was Legally condemned att a Court held in this Towne of New Castle ye .. of . . . 167; and by the Cort made ouer unto Joseph Cheu aforenamed ; whoe by his deed bearing date ye 22nd of June 1676 haueing mortgaged and made ouer the said Land and premisses unto Johannes De haes att a Court held att New Castle ye 3rd of April 1677 obtayned Judgemt & Execution upon his said mortgage and was accordingly by the high Sherrife put in Possession of ye sª Land and premisses, as by the abovesd Returne of the High Sherrife did apeare.
Peter Jegou preferring in Cort a Peticon shewing that ye es- tate of doctor John Disjardins deceased stands Justly Indebted unto him by acct ye sume of 2384 gilders 10 styvers, and de- siering this worpp]] Corts order agst ye sd estate for the abovesd
297
RECORDS OF THE COURT OF NEW CASTLE.
debt, wth ye Costs, The Cort haueing Examined ye sd acct and Peter Jegou makeing oath in Court to ye Justnesse thereof doe grant the sd Peter Jegou an order against ye said estate of Doctor John Desjardins to ye sume of 2384 gilders 10 styvers wth ye Costs.
Gerret Otto & Caspares Herman being by the Court ap- pointed & sworne to appraize the Estate of John Siericks de- ceased : This day made Return to ye Court of their said ap- praizm vizt
first ye Plantation housing & premises gild™ Lying next to Gerret otto appraized for | 2500 :
1 ould mare & 2 Coults 400 :
2 feather beds 2 Ruggs 2 blanckets & one bedsted att 450 :
2 suits of Cloathes & a Remnant of Cersay 240 :
3 gunnes 2 houlsters & pistolls 240 :
1 percell of bookes 30 :
1 percell of pewter & earthenware 140 :
1 Looking glass 1 smoothing yron & bed pan 65 :
1 Chest with some yron ware 250 :
in seuerall sorts of Wooden ware 260 :
2 oxen 400 :
7 cowes att 190 gilders per head 1330 :
3 heiffers of 2 yeare old 300 :
2 young steers of betweene 3 & 4 years old 280 :
6 yearling Cattle att 80 gilders pr head 480 :
1 old sadle & fan 35 :
1 plowe & harrow & 2 plow yrons 2 syggs 105 :
a parcell of small swyne 100:
Servants & childrens bedding 130 :
1 Cowe wch Mr Alrichs had 200 :
4 yron Potts 2 Kittles 1 frying pan & grid yron 230 :
in seuerall small household stuf 200 :
one mill 70 :
298
RECORDS OF THE COURT OF NEW CASTLE.
1 bull 1 steer 1 hatt 360 :
1 man servant to 360 :
1 Kart 2 chaines & other furniture 80 :
Chests tables Chaires & slaapbank 165 :
gilders = f 9400
Of wch abovesd sumc 9400 gilders there belongs to ye Chil- dren of Wybreg Siericks, according to the matrimonial Con- tract made betweene Jan Siericks & sª Wybregh, the one Just halfe being 4700 gilders, wch sd sume must bee paid and de- livered unto ye sª children or ye Longest Livers of them, ac- cording to the sd Contract wch stands Recorded here before in ye Records A.
Now to the end that the abovesd Childeren may bee secured of their abovesd sume of 4700 gilders due unto them from the fathers syde, John Walker the prsent husband of Wybregh ye Late widdow of Jan Siericks deceased, Did now in Court declare to haue and doth by these prsents mortgage & specially bind ouer unto the aforesd Childeren for their security of ye abovesd sume : The plantation Land and appurtenances be- longing unto the sd Jan Siericksen deccased Lying & being in oppoquenemen Creeke as alsoe another parcell of Land & all its appurtenances Lying in oppoquencmen Creeke aforesd Just below the drayers Creeke, herctofore belonging unto Roelof Andries. Moreover John Walker did Ingage to maintayne & bring up ye sª Childeren as his owne etc.
Gerret Otto and Caspares Herman being Laest Court ap- pointed & sworne appraizers to appraize the Estate of Walter Wharton deceased : Did this day make Returne of their said appraizemt as followeth vizt
gilders
3 Cowes 570 :
3 beasts of 2 yeare old 300 :
2 yearling Calves at 40 gilders 80 :
1 ditto att 50 :
6 young shotes 2 young sowes 1 old sowe 160 :
299
RECORDS OF THE COURT OF NEW CASTLE.
2 yron Potts and 1 frying pan 90 :
1 payle 5 bowles 1 pewter bason 35 :
1 bed Rugg & blancket 80 :
In pouder and shott
14 :
1 Crass Kutsawe
30
1 pr of mill stones
40 :
1 remnant of stuf a Cake of soape & some thread 70 :
1 chest 1 barrill 1 tub 20 :
1 tinn Cullander 1 old sadle & Cloaths 24 :
7 prs of hinges & some other small Laches 20 :
2 sighs 30 :
1 hammer 1 Reipe hooke 2 plaine yrons 8 :
2 Cocks and 3 hins 6 :
1 broad ax 5 :
The Plantation being 600 acres Lying in blakebird Creeke att 2600 :
Gilders f 4232 :
John Foster was this day Chosen and appointed Constable of oppoquenemen for one yeare in ye Roome of John Taylor; and is ordered that hee bee summoned to appeare att ye next Court to take the Constables oath.
See these 2 Certificates Gerret otto delivered in Court twoo Re-
Recorded in ye Re- turnes of surveigs of twoo parcells of Land cords of Pattents surveiged by Mr Walter Wharton the sur- veigor, The one bearing date ye 17th of Aprill 1677, for Gerret otto himselfe, ye other bearing date ye 8th of Jann: 1678 for Gerret otto's son in Lawe Richard hudden desiering the Court to Certifye his honor the Governor that hee the sd otto will seate them out of hand this spring: wch ye Court did order the Clarke to doe.
The Cort adjorned till ye first Teusday in march next.
february ye 26th appeared in ye office William Sherar near
300
RECORDS OF THE COURT OF NEW CASTLE.
to Blakbird Creeke whoe desiered to haue ye marke for his Cattle & hoghs Recorded vizt-being a hart in ye Right Ear, and in ye Left ear a slitt and ye under peece cutt of.
Att a Court held in the Towne of New Castle By the au- thority of or Soueraigne Lord Charles the 2nd King of England etc: the 4th & 5th dayes of March in ye 31th yeare of his sd mayties Raigne Annoq Dom: 167 .
Mr John Moll Mr Peter Alrichs Mr fopp outhout Mª Gerret Otto Justices
Prsent
Mr Joh: Dehaes
Mr Abram Man Mr William Sempil Capt" Edm Cantwell High Sherrife.
March 4th 1678
John Yeo prferring in Court a Peticon shewing that liee the Peticon" came to this place in ye month of december 1677 and was Received as minister to bee mayntayned by the voluntary subscription of ye Inhabitants, and yt hee Continued in ye ministeriall office, untill hee was denyed ye same by Captu Billop the Then Commander of this place, without any mani- fest proofe of any Cryme deserving such suspension; Tlie sd Peticoner therefore humbly desiering this Court to Grant him an order for a quantum meruit proportionable to the Tyme of his the sª Peticon" Preaching to the people of this place, being one third part of the subscription, and alsoe for other perqui- sitts due to him ye Peticon" for Babtizing of Childeren mar- riadges and Burrialls etc. The Cort answer that sence the Peticon" Mr Yeo after he had been some small tyme here, did then in open Congregation in ye Church voluntarily out of his owne accord, throw up ye Paper of ye Peoples subscriptions hee saying & openly then declaring freely to discharge them: The Court can therefore not charge them againe Sence the
301
RECORDS OF THE COURT OF NEW CASTLE.
Peticon" hemselfe so publicqly discharged them, and if Captn Billop (as without any order hee did) has given ye Peticon" this subscription bake, The Cort are of opinion that therefore the Peticon" may haue his Remeddy agst him ye sd Capt" Billop etc. But as for perquisits of marriage Baptisme & Burrialls, the Peticon" ought to bee paid for ye same what is Just & Equi- table.
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