USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 25
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Act: of debt by bill
JOHN Cocx of Maryland Pit an attachmt Laid The Estate of JO SHACK- Deft upon defts Effects ERLY deceased in hands of John Darby
The deft being deceased & noe one as yett knowne to ad- ministr upon ye Estate the Court therefore thougt good to Continue the action untill next Court day.
EDMUND CANTWELL Pit
The Estate of JOHN SHACK- - Deft
ERLY deceased -
An action of debt by acct an attach- mt Layed upon a horse of this deft in ye hands of John Darby
This action is Lykewyse Continued for ye reason abovesd.
THOM : SPRY
Plt
The Estate of JOHN SHACK-
Deft
ERLY deceased
An action of debt by acct an attach- mt Laid in ye hands of John Darby
This action is also Continued by the Cort for ye reason above given.
360
RECORDS OF THE COURT OF NEW CASTLE.
GABRIELL MINVIELLE by - An action of debt by his Attorn : EDM : Plt acct attachmt Laid CANTWELL upon ye defts Effects The Estate of JOHN - Deft SHACKERLY decd in ye hands of John Darby.
This action is Lykewyse continued for ye reason above given.
JOHN OGLE
PI
The Estate of JO SHACK- - Deft
ERLY deceased -
1
An action of debt by acct an attachmt Laid upon ye defts Estate in ye hands of John Kan.
Continued as above.
EPHRAIM HERMAN Plt
An action of debt by acct an attachmt Laid upon ye defts
The Estate of JOHN - Deft
SHACKERLY deceased - Effects in ye hands of John Kan.
This action wth ye rest is continued by the Court for ye reason first above written.
Hanna the widdow of Henry Salter deceased apearing in Court desiered to bee admitted administrat* of ye Estate of hur husband Henry Salter deceased, The Cort Examining into the buisnesse doe thinke fitt to admitt hur ye sd Hanna Salter to all Intents & Purposis administx of ye sd Estate of henry Salter in this River of Delowar, Shee Giveing sufficient security to ye Court for the p"formance of hur Trust according to Lawe. Capt" Edmund Cantwill did oblige & put himselfe in Court security for ye due administration of the abovesª Hanna Salter upon her husbands Estate wthin this Governmt.
Followeth ye Inventory of Henry Salter by ye widdow this day produced in Cort.
Copia.
The Inventory of Henry Salters Goods In New Salem taken
361
RECORDS OF THE COURT OF NEW CASTLE.
by James Neville and Henry Jennings ye 10th & 11th day of ye month called Aprill 1679.
Imprs.
one feather bed one Boulster & 5 Pillows-one flock bed & an old Bed ticking-2 old Green Ruggs & a Camell haire Rugg-2 saddle Ruggs & 3 old Blancketts & two more -- 6 Turkey worke Covers for Chayres-one Large Scales Beame & a timber Jack-1 winde up Jack-a Peece of Ceuel fring & a remnant-46 peces of Beefe-a Parcell of small whale bone- a Payer of small wemens shoes-3 Cors sheets & 7 Paines of Glass-a Cros Cutsaw & 13 Plane stocks-2 handles & a ring for a syth & Iron Croe-an Iron sledge and a hand saw Iron -one Pit Saw-A small Caske of teyd Tallow about 21b-one Earthen Pott wth 2 Ears-3 Gunnes-3 mattocks 4 axes one broad Ax-one hatchett 2 doggs to draw Timber-a Steele mill-a warmin Pan & one frying Pan-one spitt 20 harrow teeth-5 wedges one vice a paire of old mens Gloves-a Paire of small bras scles & a payer of Large brass scales-one set of bras wights from a Ib to a qr of an ounce & a set of troy weights-a bras 4 Ib wight : A great old Byble-An old syth 2 paire of Pott Racks-2 halfe hundred weights one quarter and 4 small wights-a grinde stone spindle & winch-a great Copper Kittle & a small bras Pott one Iron Pott : a paire of lors harness & 3 Pjnt Copper Potts-a wodden Can & 4 Earthen Panns-a Candle Peuter Cupp 4 Tin Saws Pans-a skillet a brass Pott Lead 4 Pewter Dishes-a Learge Pewter trencher Plate and a Pewter Py Plate a Pewter Chamber pott & a Pewter quart Pott twoo Earthen bed Pans & 8 wodden Trenchers : a Piggin & A Tinne paile : an ox yoake wth a Ring and 2 hookes a peck of mault & 2 steele spades a small sack a Learge Cours bagge-a Leather belt a hough of Bacon-A paire of spurs 3 white Earthen plates-An Iron Ladle a brass Ladle a paier of old bellews an old fyer Shouell & Tongs-An old Green Rugg & Coverlett 2 Cushens-one Chest 7 collers & a dozen belly Peces-a Remnant of Cullerd silke-a Ren- nant of Peas Porridge Tayney cloth-a Remnant of Coars
362
RECORDS OF THE COURT OF NEW CASTLE.
broad Cloth-2 wemens morning Coates : 13 gross & 9 dozen hollow Pewter buttons-11 Doz thred Laces & 11 peces of bobing Laceing-21b of sadd Cullered thred & ye bottom of a fine haire Sive : 5 Combe brushes & 5 payer of sizers 4 par- cells of knitting needles 600 sowing needles 12 dandrist Combes & 10 Ivory Combes, 4 Looking glasses-6 Dozen & 3 payre of Childrens Cotton gloves-8 peeces of Ribbin & 3 Remnants-a Remnant of gallon a Ib of beaten ginger-2 payer of Wemens shoes a swaithing band and a payer of small stockings-a Ib & 14 oz } of sowing silke 2 small Rem- nants of blew & white narrow tape-a small Remnant of Cul- lered fustian-19 small thimbles two small punch caps-a small remnant of white thred Loope Lace 3 ordinary Knives 2 steels to strike fire a bras Tobacco box & a silver Case and toth Picker 2 payer of Iron buckles for shoes 3 Combe Cases 12 oz & 3 qr of sealing wax 2 small Papers of great Pinns 21 ordinary kniues & old razor-a small brass chaine & 6 dozen of brass thimbles 31b & 4 oz of thred-Alb & 7 oz sealing wax S000 of small Pins & 10 brass boxses : a Remnant of blew flannill a Remnant of Printed stuff-7 small looking glases 2 payer of Childrens bodyes : 2 doz : small Cotten Gloues a Pece & } of wt Looping-A quier & } of wryting Paper-A Payer of mans Shoes-4 Gross of Pewter buttons 3 great spice greaters & 4 small greaters 2 Tynn Drippin Pans a dublet & briches and A old Chamblet Cloake a Large Case with Glass bottles a gallon & 2 of Malases 5 payer of mens woosted stock- ings 8 paire of doore hinges-3 Iron door Latches an Iron froe-27 plainning Irons 3 falling axses-one hold fast 23 paire of Duffales-2 Large rest for a Saw 3 boalts 3 spring Locks a marking Iron 7 peces of Castele soap about 31b } oz fyles 6 augers 20 Chizells & goudges a great gimblet-A Tapp Auger & 5 door staples 2 Trowells-5 Iron Latches with catches one spring Playne a Rabbit Playne 10 Dozen of Glass buttons a silver porringer & Silver Salt, a Curry Comb a Lyncy Wollsy vallans an old Payer of silke stockings : 5 quier of narrow wryting Paper 6 bands 3 Caps a neckcloth A silver
363
RECORDS OF THE COURT OF NEW CASTLE.
watch a set of gold wights & scales half a bagg of ginger & half a bagg of white starch a paper of spriggs-9 Dozen of pewter buttons.
(was subscrybed) JAMES NEVILL HENRY JENNINGE ye marke of WILLIAM M PENTON
Upon request made by James Walliam in behalfe of Thomas morse, Itt is ordered that ye goods belonging unto robb : hutchinson & att p"sent under Execution of Jº Shackerly bee publicqly sould by outcry to bee paid in wheat betweene this & march next.
Whereas it was made apeare to the Cort that Walter Whar- ton deceased stands Justly Indebted unto Robberd Williams of Lushem on Long Island by a bill under ye hand of ye sd Wharton ye full quantity of fourthy drest dearskins } thereof bukes & } dowes, The Cort doe passe an order for the payment of ye sd skins out of ye Estate of sd Walter Wharton wth Costs.
Upon ye Request made by Hendrik Vanden Burgh in ye behalfe of one Cornelis Lourensen, The Cort haue granted unto ye sd Cornelis Lourensen a Lott of ground In Land Street next to ye Lott granted unto ye sd hendrik Vanden Burgh : pro- vyded liee ye sd Cornelis Laurens comes here & builds & Im- prooves ye same, att furthest ye next summer.
Upon ye request of Gysbert Dircksen, The Cort granted him (in Liew of his old prtences and ye debts due to him from ye publicq) twoo Lotts of ground in Land Street next to the Lott granted by the Court unto Cornelis Laurenss.
Hendrik L-mmens of Crain hooke shewing by Peticon that there was formerly granted unto him the Peticon" by Mr Tom hans Blocq & fopp outhout, one hundered acres of Land Lying near ye mose next to Crainhooke from ye Badstove point up along ye mose, of weh Grant the Peticoner finds nothing re- corded in ye records dothi therefore now desiere a Confirmacon and new grant from this Court for the same etc.
364
RECORDS OF THE COURT OF NEW CASTLE.
The Cort haueing Examined the buisnesse : doe grant ye Peticon" his Request provyded itt bee not prejudiciall or in ye Lynes of any other Lands.
ROBBERD JOHNSON Plt
Withd : by ye Plt
ELIAS BROWNE Deft J
PHILLIP TEUNIS Plt Continued.
JOHN ANDERSEN Deft
JOHN BOEYER Plt Withdrawne by Plt
JOHN OGLE
Deft
JOHN OGLE
Plt
Withd : as above.
JOHN BOYER
Deft
Whereas for ye Common Good of the Country itt is found necessary that ye highwayes from place to place bee Annually made good & Cleared Itt is therefore resolved vizt That Every respective overseer take Care that betweene Every decem : & March his part of ye highway bee made good & cleared, upon ye penalty & forfeiture of 1000 Ib of tobb : if prooved to bee ye fault of ye overzeer : and if any Inhabitant resorting under the Company of any overseer shall refuse upon due notice to worke att ye highway till it be finisht hee to forfeit for Each such neglect 400 Ib of tobbacco.
The highway to bee Cleared as followeth vizt The way to bee made cleare of standing & Lying trees at Least 10 foot broad all stumpes & Shrubs to bee close Cutt by ye ground, The trees markt yearly on boath sydes, sufficient bridges to bee made & kept ouer all marshy swampy & difficult dirty places & what ever Else shall be tougt more necessary in and about ye highwayes aforesd. And For the more case of the seu- erall Inhabitants of this County, the Cort haue divyded them in Seuerall Companies and haue appointed ouer them seuerall pisons as overseers as hereafter followeth (vizt) 1st Comp :
The Inhabitants of the Southsyde of Appoquenemen and of
365
RECORDS OF THE COURT OF NEW CASTLE.
blakbird Creeke to bee in one Company their part or sheare to Kleare a highway from Appoquenemen to ye head of Duke Creeke or where Else it shall bee Convent and to make a bridge ouer ye sd Duke Creeke if possible fitt for horse & foott to passe ouer That Company to haue for ouerseer ouer them Capt™ Cantwell.
2nd The Inhabitants of the northsyde of Appoquenemen from the head to ye drayers Creeke to bee in one Company theyr or sheare to bee, to make ye way good from Appo- quenemen to ye Cartway of Caspares Herman and also from ye Cartway of Appoquenemen as farr as Maryland : Roelof Andries overseer.
3rd The Inhabitants from ye drayers Creeke downe wards and as far as St Georges to bee In one Company their part to bee from ye Cartway of Caspares Herman to ye halfe Bridge of St Georges. Caspares Herman to be their overseer.
4th The Inhabitants of st Georges and up as farr as M' Toms Plantation to bee in one Company, their part or sheare : to bee from ye halfe of St Georges Bridge to the Red Lyon Run. James Crawford to bee overseer.
5th The Inhabitants of this Towne of New Castle from Mr Toms plantation upwards swanwike Crainhooke & all those on the southsyde of Cristina Creeke to cleare from this Towne downwards as farr as the Red Lyon & from ye Towne upwards to the house of Mr Jean Paul Jaquette in Cristina and Mr Ambros Backer is appointed overseer in ye roome of Joh : Dehaes and Mr hendrik Vandenburgh overseer in ye roome of Mr hendrik Williams over ye Towne People aforenamed.
6th The Inhabitants of ye northsyde of Cristina Creeke, from ye White Clays faall to ye brandewyn Kill to bee in one Company They to cleare from Cristina at Jan Staalcops Round ye Cristina Creeke head to this Towne, and a bridge ouer Cristina head neare John ogle's Mr Ab. Man overseer.
7th The Inhabitants between Brandewyn Creeke & soe far as Oele fransens in the boght, to bee in one Company they to Cleare from ye going ouer of brandewyn Creeke & also from
366
RECORDS OF THE COURT OF NEW CASTLE.
Jacob VanderVeers up as farr as oele fransens in ye bogt aforesd They to haue for overzeer Hans Petersen.
The Cort adjorned till first Teusday in Jannuary next.
Att a Cort held In the Towne of New Castle, By his mayties Authority on Teusday 6th Jann 1638
Mr John Moll Mr Peter Alrichs
Prsent
Mr Gerret otto
Justices.
Mr Joh : D'haes Mr Will : Sempill
Capt" Edmund Cantwell High Sherrife.
THOM : HARRIS Plt
1 the deft 2ª default ye
RICH : WHITTON
Deft S action is Continued.
EDM. CANTWELL Plt the deft 2ª default ye
HUYBERT FRANCIS
Deft S action is Continued.
HANS PETERSEN Plt
PELLE HENDRICKS by - Deft
THO : SPRY his Attorn :
Upon ye defts desire the action is Continued till next Cort & then to bee determined.
ABRAM MAN Pit RALPH HUTCHINSON Deft
The Plt not appearing by himselfe or Attorney upon ye defts request the Cort ordered a nonsuit agst ye Plt wth Costs.
ABRAM MAN PIt OELE POULSEN Deft
The Plt or Attorney not apearing & noe declaration Ell- terred : The Cort upon ye defts request ordered a non suit agst ye Pit wth Costs.
ABRAM MAN Plt 1 A nonsuit agst the Plt as
OELE POULSEN Deft above
367
RECORDS OF THE COURT OF NEW CASTLE.
EDMUND CANTWELL Pit 1 An attachmt ye derts 2ª de- ROBBERD HUTCHINSON Deft S
fault Act : Continued.
PHILIP TEUNIS Plt Continued by both partees desire as ye undersherrife
JOHN ANDERSEN Deft reports.
PETER DEWITT
Pit neither Plt or deft appeare & no declara : Enterred
RICH HIGINBOTTOM Deft a non suit is ordered.
HENDRIK WILLIAMS Plt ye defts 2ª default it is Con-
ROBBERD TALLENT
Deft tinued.
ENGELTIE VANDIE- -
MEN by THO: SPRY hur attorn : JOHN HERMSEN & CATHERIN his wyfe ye Late wid- dow of HANS BANES decesed
Plt
- Deft
Upon ye request of Plts at- torney ye action is .Con- tinued.
EPH : HERMAN Plt the deft absent the Cort - Continued the case till
MATHIAS MATHIASS Deft next Cort
JOHN COCX Plt
The Estate of Jº l SHACKERLY deceasd
Deft Continued.
EDMUND CANTWELL Pit The Estate of Joy Deft Continued.
SHACKERLY deceasd
THOM : SPRY Pl
Ditto Estate of JOHN Deft Continued.
SHACKERLY
368
RECORDS OF THE COURT OF NEW CASTLE.
GABRIEL MINVIELLE by EDM: CANTWELL Plt his attorn :
ditto Estate of JOHN -
Continued.
SHACKERLY de- Deft ceased 7
JOHN OGLE Plt
Estate of JO SHACK-
Deft
- Continued.
ERLY deceasª
EPH : HERMAN Plt
EST : of JO SHACK- 1 Deft Continued.
ERLY deceasd
This being the 2nd Court and no administr" as yett appear- ing all the abovesd actions agst ye estate of John Shackerly deceased are therefore Continned till ye next Court.
The Executors of
DIRK ALBERT- - Plt Continued ye acct nott being SENS Estate settled as yett.
EVERT HENDRIX
Deft -
THOMAS SPRY Plt An attachmt upon the defts Effects in ye hands of
ROBB : HUTCHINSON Deft John Darby.
This being ye 1st Cort ye action is Continued.
JOHN DARBY Plt An attachmt in ye Plts owne hands. Continued
ROBB : HUTCHINSON Deft as above.
Upon the Peticon of Willem Janss, Joan matsen, Symon Jause, Eskell Andriesse & hendrix Andriess Inhabitants of Crainhoek desiering that the Grant of 100 acres of Land granted unto hendrik Lemmens ye Laest Cort Lying behinde Crainhook along ye mose ; shewing for Reasons first that, that
369
RECORDS OF THE COURT OF NEW CASTLE.
same Land was heretofore by Walter Wharton the surveigor Comprehended & surveiged in and to ye Land of all the In- habitants of Crainhoek In Gennerall & secundly that itt was to ye utter Ruine of ye Peticon's they haueing no other place to fetch wood from etc : Whereupon ye Cort haueing Exam- ined into ye p"misses & heard ye debates of both partces, Doe order that all the Land that is to say woodland wch was sur- veiged by ye survr Walter Wharton att Crainhook, shall bee & remaine in Common for Every Inhabitant to cut wood where hee pleases for his owne occasion, until hereafter the Inhabitants shall by Consent haue their Lands sheared & Divyded.
Upon the Peticon of Ralph Hutchinson desireing Restitu- tion of ye goods and Effects heretofore taken from him upon the Execution of his Brother Robberd hutchinson etc: The Cort haueing Examined all ye proceedings in that Case & also heard what ye Peticon" could alledge in his owne behalfe doe Returne for answer as followeth vizt That ye 3rd August 1678 the award of the Arbitrators was Given whereby tlie Peticon" was found debtor to his Brother Robberd £72 : 13 besydes some goods to bee Restored and in Jannuary following ye Peticon' not sattisfying ye sª award (nor prooveing anything more agst ye acct sence the award) Robberd hutchinson sued this Peticon" (and the Peticon" declaring then in Cort that he was willing to stand to ye award abovesd) Judgemt then past against him accordingly, wth this provisoe that Mr Ralph hutchinson should bee allowed what hee could make appeare betweene that and ye next Court day to haue paid sence ye award or what was not brougt before the arbitrators & there seen or Included in ye award but the Peticon" never sence (til now) brought in nothing soe that Robberd hutchinson afterwards pressing for obtayned Execution upon ye abovesd Judgemt and ye same was Laid upon this Peticon's Estate goods and Chattles and appraizement made thereof ye 7th of April 1679. After wch to witt in July Laest & sence seuerall pīsons obtayning Judgemts against Robberd hutchinson did
24
370
RECORDS OF THE COURT OF NEW CASTLE.
Lay their Executions upon his Estate part thereof being that wch before was taken upon Execution from this Peticont and therefore Considered not as this Peticon's but as his Brother Robberds Estate, Now this Peticon' during all this tyme & afterwards bringing in nothing to Interrupt & hinder ye pro- ceedings and now bringing in an acct by the date of wch acct itt appears, that ye greatest part of ye acct was before ye Judgemt and ye rest sence ye Execution was & appraizemt made (and yett never before now brought in) all the premisses being Considered, The Cort doe Judge that itt is out of their power and agst ye Lawe to Disannull all the former orders & proceedings & to Restore the aforesd goods & Estate to the Peticon' sence others haue Lawfully Layed their Executions on itt as Robberds Estate and therefore if ye Peticon" is wronged by his Brother itt is altogether his owne fault, hee haueing neglected and Long overslipped his Tyme & therefore hee must seeke his Remedy by Course of Lawe agst his sd Brother or his Estate.
Roelof Andries & Jacob Aertsen preferring in Cort a Peticon sheweing that there was by his Excellency the Governors Pat- tent bearing date ye 5th of Novembr 1675 : Granted unto Ann Whale deceased a Certaine tract of Land Called Chelsey, Lying and being on the West syde of Delowar River & on the South syde of St. Georges Creeke being the first neck of firme land wthin the sd Creeke being bounded as by the sd Pattent bearing date as above more att Large may appeare, and Contayning 300 acres of Land : and that on the sª Land not as yett is made any settlement : but that it hath ben : (Contrary to Lawe and Regulacons) sould, first by George More ye son of Ann Whale unto John Ogle and by John Ogle to John Test and by the sd John Test unto one Marmaduke Randall ; The Peticon's sheweing further that they humbly Conseived ye same Land by ye Lawe & Regulacons and his Excellency the (Governors Latter proclamation sent and published here bear- ing date ye 25th october 1678, absoluthly forfeit, and therefore they did most humbly Request the Cort that according to ye
371
RECORDS OF THE COURT OF NEW CASTLE.
sª proclamation of the 25th of october Laest mentioned they would bee pleased to dispose thereof as vacant Land and that they the peticon's might haue a grant to take ye same up, and wth the Corts grant & Certificate obtayne a Pattent from his honor the Governor In their owne names : They the PeticonTE Ingageing to make prsent settlement thereon : according to Regulacons.
The Cort Examining into the buisnesse doe find the Peti- con's allegations true and therefore doe Judge that the Aforesd Land (haveing ben taken up this Fyve yeare & no Im- proovemt made thereon) according to Lawe & Regulacons and ye proclamation of ye 25th of october 1678 : is absoluthly for- feit and may bee disposed of as vacant Land, and doe Grant the Peticon's Power to take ye same Land up and obtayne a Pattent for ye same in their owne names; Provyded they the Peticon's make Imediate settlement thereon according to Lawe & Regulacons.
This day apeared in Cort John Ogle of Christina Creeke and Elizabeth his wyfe who aknowledged the sale & makeing ouer of a Certaine Tract of Land 300 acres In St Georges Creeke, unto Augustine Dix or Dixen of St Georges planter : as by the Pattent & ye deed of Conveigance for ye same recorded in ye records of Pattents & Conveigances more att Large doth & may appeare.
Upon the motion of James Walliam in behalfe of Tho : Morse its ordered that according to ye orders of the Laest Court the goods under Execution of Rob : hutchinson bee sould a Satturday next.
Itt being taken in Consideracon that a ferry is necessary to bee kept in Cristina, The Clercq is ordered to draw up some Regulacons & orders & to prsent them to ye Cort ye next Court day.
The Cort adjorned till ye first Teusday in the month of february next Ensuing.
372
RECORDS OF THE COURT OF NEW CASTLE.
Att a Cort held in the Towne of New Castle by his maytics Authority february ye 3rd & 4th 1618.
Mr John Moll Mr Peter Alrichs
Mr Gerret otto
Mr Joh : D'haes
Justices. Prsent
Mr Abram Man Mr William Sempil
Capt" Edmund Cantwell High Sherrife.
THOMAS HARRIS Plt 1 An attachmt upon ye defts porke
RICHARD WHITTON Deft S in ye hands of Jas Crawford.
Jacob Joung apearing in Cort produces a note under Rich : Whittons hand of ye 3rd of Septem' 1679, and alledges that ye porke is his. Its by the Court ordered that Mr Joung shal proove at ye next Court by sufficient wittnesses that ye porke was made ouer before the attachmt otherways Judgemt to passe.
James Crawford Sworne In Court declares that about a month after Tho : harris had attached the porke of Richard Whitton in this deponants hands, Richard Whitton Came to yoer deponant & desiered him to pay the porke to Jacob Joung ye deponant Answered that if hee would Cleare itt of ye attachment hee would pay itt to any man. Rich: Whitton an- swered that ye porke was made ouer to M' Joung before ye attachmt & further sayeth not.
Apeared in Court Mr Philip Pocock whoe delivered in Cort a Commission for his Excell : ye Governor for his being sur- veigor etc : wch Commission being publicqly Read was ordered & is hereafter Recorded : vizt.
S' Edmund Andros Knt Seigneur of Sauzmares Livett and Governor Gen" under his Royall Highnesse James Duke of Yorke and Albany etc : of all his Territories in America : By virtue of his mayties Lettrs Pattent and the Commission and authority derived unto mee, I: doe hereby Constitute and appoint you Mr Philip Pocock to bee surveigor of New Castle in Delowar and dependences wth in the Jurisdiction of that
373
RECORDS OF THE COURT OF NEW CASTLE.
Court, In wich Imployment you are to act in Surveiging of such Lands for wich you shall from tyme to tyme Receive warrants or orders and to make due and Exact Returnes thereof and in all things to behaue yo selfe according to Lawe.
Given under my hand and seale in New Yorke this 15th day of december in ye 31st yeare of his mayties Raigne Annoq Dom : 1679.
Past ye office (was subscrybed) E. ANDROSS.
Mathias Nicols secret :
EDMUND CANTWELL PIt HUYBERT FRANCIS Deft S The defts 3d default.
The Plt demands of this deft by one bill under ye hand of this deft bearing date ye 8th of May 1677 : ye sume of 630 Ib of tobbacco and Caske payable in St Jones Creeke unto this Plt or John Avory or either of them ; Item by another bil under ye hand & seale of this deft bearing date ye 4th of Novemb" 1675 past unto Peter Bacom : for 400 Ib of tobbacco & Caske payable in St Jones' aforesd wth these words Inserted in ye bill vizt when I : ye sd hubertus francis being able to pay ye sd tobbacco: makeing in all 1030 Ib of tobbacco, for wch hee Craues Judgemt wth Costs : This being ye 3ª Court and ye deft not apearing : The Court thought good to Enter Judgem' against ye deft for 1030 Ib of tobb according to ye Tennor of ye bills wth Costs. .
HANS PETERSEN PIt PELLE HENDRICK Deft
The Case of differance being about twoo peeces of marrish Exchanged ye- one wth ye other & also for ye hay thereon mowed and there being noe wrytings betweene them & noe playne Evidence apearing : The Court (In Reguard ye Case is so obscure) doe order that all ye Plts & defts pretended Ex- changes of marrish Land shall be void : and that Every one haue his Land & marrish hee first bougt & possessed and that what money hath ben paid to each other on that acct shall bee
374
RECORDS OF THE COURT OF NEW CASTLE.
repaid and what hay hath ben mowed this yeare hee wch mowed it to Injoy itt : and what Corne sowed ye person yt sowed it to Injoy itt : and soe Long ye Corne Is on ye ground noe fences to bee remooved to ye prejudice of Each other : & after yt Each to haue and to haue and take up his owne fences : That ye partees for ye future Live peaceably together : and each to pay ye halfe of ye Charges of this action.
Peter dewitt appearing in Court produced an acct against Rich : highinbottom to ye sume of 145 gildrs pr ballance : and did make oath in Court to ye Justnesse thereof.
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