Records of the court of New Castle on Delaware 1676-1681, Part 28

Author: New Castle (Del.). Court; Colonial Society of Pennsylvania
Publication date: 1904
Publisher: Lancaster, Pa., Printed by the Wickersham printing company
Number of Pages: 560


USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 28


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The Cort takeing all ye p"mises into Consideracon doe find & Judge itt for ye best of ye orphant that ye sd Land & farme bee sould ; and therefore doe order that ye sd Land bee sould by public outcry to ye most bidder : the payment to bee made } part wthin 3 years & part wthin 6 years & } part the 7th yeare, tliat the Land bee bound by mortgage untill ye pay- ment shall be made by ye purchazer to ye sd orphant wth ye Corts approbation : that ye vendue master (in Regard ye tyme of payment is so Long) bee discharged, that all ye Charges bee paid by ye purchazer & In case this orpant hendrik Jurians should dye before hee bee of adge that then the monny fall to ye other Childeren.


403


RECORDS OF THE COURT OF NEW CASTLE.


SAMUELL BERCQUER PIt


ABRAM MAN Deft


This action is againe Continued in Expectation that mr Clarke may bee up here himselfe by ye next Courtday.


JOHN MOLL Plt SYMON GIBSON Deft


The Plt demands of this deft by a note under ye defts hand bearing date 31st decembr 1678 the sume of thirty shill: ster- ling monny or ye vallue thereof: The Plt Confesses the debt : The Cort thereupon ordered Judgemt to bee Enterred agst ye deft for ye sª 30s sterl : or the vallue, wth ye Costs, and the attachmt for soe mutch in the hands of mary Blocq to be held good.


JUSTA ANDRIES and AEL- Pits TIE his wyfe


JAN ANDRIESE STAALCOP


& CHRISTINA his wyfe Deft 1


In an action of slaun- der & defamation.


The defts both absent : upon the Plts request the following wittnesses were Examined & sworne in Cort.


Sara the wyfe of Mathias Mathiasse sworne declares that being upon ye wedding of Staalcops daughter, shee ye deponant see & heard Staalcops wyfe Challenge the Capp upon ye head of ye daughter of walraeven Jansen : & sª Staalcops wyfe sayed further that shee could sweare that it was hur Capp & after- wards the deponant heard sd Staalcops wyfe say that Justa's aeltie should Restore hur ye Capp or quoif againe & that itt was hurs.


Christina the wyfe of walraeven Janss sworne in Cort de- clares upon oath that staalcops wyfe tould hur that shee had not don well to give ye quoife bake to Justa's wyfe, for that a theefe would bee found out by itt.


Ann the wyfe of Will : Sandford sworne declares that shee heard Jan Staalcops wyfe Challenge ye quoife & say that itt was hurs.


404


RECORDS OF THE COURT OF NEW CASTLE.


Robberd Whyte sworne in Court declares that upon ye 23ª day of february being in Company in m" Tymens house in Christina hee ye deponant did heare Jan Staalcop say to Justa Andries that his wyfe had stole a mutch or Capp from his wyfe, the sd Justa sayed wil you proove that, Jan Staalcop answered hee would doe it.


William Cob was sworne before Justice Otto Ernest in upland County his declaration is as followeth vizt : That upon ye 23ª day of february being in Company att Mr Tymens house in Christina did heare John Staalcop call Justa Anderson his wyfe a theef to his face but for what ye deponant could not tell.


The Cort did Continue this action until next Court day & then Jan Staalcop to appeare.


Henry Boaman sheweing by Peticon & acct in Cort that Ralph hutchinson deceased stands Justly Indebted unto him for a mare & other things the sume of £3 : 48, The Cort doe order that hee ye sd boaman (hee haueing made oath in Court to the Justnesse of the debt) bee paid out of Ralph's Estate in his degree according to Lawe. By the Consent of the Ex- ecutors of Ralph hutchinson in Cort Itt was agreed that mr Boaman should take his mare againe were hee can find hur & acquit ye Estate of Ralph of his sª debt.


EDMUND CANTWELL Plt The defts 2ª default Con- JOHN BERCQUER Deft f tinued.


JOH : D'HAES Plt


JOHN BERCQUER


Deft ye defts 2ª default Continued.


EDMUND CANTWELL PIt


HENRY BOAMAN


Deft


Withdrawn by ye Plt in Court.


JAN BISCUS


ROB : TALLENT Deft


Pit


Itt being alledged in Cort that this deft was verry sik the Case therefore by ye Cort Continued.


405


RECORDS OF THE COURT OF NEW CASTLE.


ABRAM MAN Plt ARNOLDUS D'LAGRANGE Deft


Upon the desire of Mr Jº Moll the defts attorney the action is Continued till next Court day.


Upon the Peticon of William Clarke of Nieshambenies Creeke, The Cort doe grant & permit him to take up on ye west syde of this River wthin this Courts Jurisdiction twoo hundered acres of Land wch heretofore hath not ben granted taken up or Improoved by others, hee ye peticon" forthwith making Improvements & seating ye same according to orders and Regulacons.


Upon the Peticon of frank Walker the Cort doe Grant & permit him to take up wthin this Corts Jurisdiction Twoo hun- dered acres of Land weh heretofore hath not ben granted taken up or Improoved by others, hee ye Peticon" forthwith seating & Improoveing ye same according to orders & regu- lacons.


JOHN DARBY Plt 1 an attachmt in ye pits owne ROB : HUTCHINSON Deft f hands.


This being ye first Court day the act : is Continued, ye deft absent.


ENGELBERT LOTT Plt Continued till next Court day. PIETER MAESLANDS Deft


WILLIAM PHILIPS Plt partees ageed as Captr Cant- ROELOF ANDRIES


Deft J well reports.


JOHN MOLL Plt


Continued til next Cort


ROB : MORTON Dett


This order was publicqly fixt up att y" Church doore for all psons to Read. Itt was this day Resolved & ordered by the Court and all People are hereby for- warned : not to take in board or shelter any strainge prson or p'sons whatsoever unlesse they will bee security for him or them & to keepe ye


406


RECORDS OF THE COURT OF NEW CASTLE.


County harmlesse & Cleare of Charges wch might Ensue by ye decease or other miscarriadge & misdemeanour of Such per- sons soe taken in & harboured as above.


Upon the Peticon of Abram man ye Court doe grant him a Lott of ground of 60 foott broad next to ye Lott of Engelbert Lott or ye old forte provyded the sd Peticon" makes Improove- ments thereon according to Lawe.


THOM : SPRY Plt


JOHN TAYLOR Deft J Continued till next Court.


Upon the Peticon of Eldert Egberts Vannes the Smit, The Cort do Grant him a Lott of Ground 60 foott broad next to ye Lott Granted unto Abram Man on ye East syde of ye old forte ; for an Incouragement to him, provyded Itt bee seated accord- ing to regulacons.


Upon the Request of Ephraim Herman ye Court doe grant him a Lott of Land, that is to say soe mutch in breadth & Lenght as shall bee yett found to be remaining betweene ye Lott of Eldert ye smit & ye Lott formerly taken up by James Walliam, Lying next to ye Little Creeke on ye East End of ye Towne, ye Lott abovementioned to Contayne about 60 foot or thereabouts.


This day apeared in Court, Thomas Woollaston whoe pro- duced ye Laest will & Testament of John Eaton Laet of this Towne of New Castle deceased, who desiered that the same might bee allowed & that hee might bee admitted to administer.


John Darby & George Moore sworne declare that they were prsent & wittnesses to ye will & Testament of John Eaton now produced in Court : followeth ye true Coppy of ye Laest will & Testament of John Eaton decesd.


In the name of God amen the Laest Will & Testament of John Eaton of New Castle being in Perfect sence & memory blessed be god but weeak of boddy through sicknesse In the name of the father & of the son & of the holy goste Commit- ting my soale into ye hands of Allmighty god and my boddy to the Earth.


407


RECORDS OF THE COURT OF NEW CASTLE.


Imprimis. I will and bequeath Thomas Woollaston of New Castle to bee my Executor for the Receiving & paying of all my Just debts when made appeare.


Item. I give unto Marse Jordeens my Bible and one Pice of Riband. Item. Itt is my desire to be burried desently & the overplus of my Estate when my debts and funerall Charges are paid I doe will & bequeath unto william Steele & Marsey Jordeen & Thomas Woollaston & his wyfe to bee Equall diuided betweene them fower for their Propper use & behoofe as witnesse my hand ye 2 day of Aprill Aº 1680.


Testes was signed JOHN EATON.


JOHN DARBY.


GEO : MOORE.


The Cort doe of ye sd will & doe admit mr Thomas Wool- laston to administr accordingly.


Upon Complaint & Informacon Given, The Cort Doe againe order that all those overseers of ye highwayes As doe not make their parts of ye highwayes betweene this & ye next Court, shall bee fyned according to former order of this Court In that behalfe provyded.


Appeared in Charles Rumsey of Christina Creeke whoo ak- nowledged a deed & Conveigance for the Transporting and makeing ouer unto John Wattkins Sayer of a Certayne parcell or Tract of Land of Twoo hundered acres Lying & being on the westsyde of Delowar River nigh unto the upper end of bread & Cheese Island in Christina Creeke aforesd and on ye northsyde of a Branch thereof called whyte Clayes Creeke, This abovesd 200 acres is ye Lowermost part of a Certayne parcell of Land of fyve hundered & seventy acres granted unto Charles Rumsey and Walraeven Jansen de vos by a Pattent from Governor Edmund Andros bearing date ye 25 of March 1676 : for wch sd Land and appurtenances Charles Rumsey aknowledged to have Received full sattisfaction to Content. The abovesd deed was signed by Charles Rumsey & Catherin his wyfe ye 4th of decr 1679 in ye prsence of Eph : Herman & John Cann.


408


RECORDS OF THE COURT OF NEW CASTLE.


Apeared in Court Charles Rumsey of Christina Whoe Aknowledged to have Bargained sold Transported and made ouer unto John Can Taylor, his heirs and assignes a Certaine parcell or slipe of Ground Lying and being on ye northsyde of Whyte Clayes Creeke in Cristina being ye upper- most slipe or part of Land of a Pattent from Governor Ed- mund Andros granted unto The sd Charles Rumsey & wal- raven Janss devos, ye whole Pattent Contayning 570 acres of Land this aforesd slipe of ground being divyded from ye Rest by marked trees.


JOHN Cocx of Maryland Plt The Estate of Jo - Deft


SHACKERLY dec.


EDM : CANTWELL Plt


Estate of Jº SHACKERLY Deft


THOM : SPRY


Plt


ditto Estate of SHACK-


ERLY


Deft 1 r


GAB : MINVIELLE by


his attorn EDM : Plt


CANTWELL


Cont. as above.


ditto Estate of SHACK- Def


ERLY


Plt Continued as above. ditto Estate of SHACK :


JOHN OGLE


Deft


EPH : HERMAN Plt


Continued as above.


Estate of Jº SHACKERLY Dett


The Cort Continued this & all the other actions agst ye Estate of Jo Shackerly untill the arryval of Joh : Kip ye attorney of ye ad- ministratrs of Jo Shack- erly who is dayly Ex- pected.


The Court adjorned till ye first Teusday in May next.


Aprill ye 10th 1680. Pursuant to an order of this Court bearing date ye 6th of


409


RECORDS OF THE COURT OF NEW CASTLE.


Aprill Laest past, was this day by publicq outcry sould ye plantation or farme of ye orpant of Jurian Junsen, present Justice John moll Justice Peter alrichs Justice Joh : Dehaes & Justice Will : Sempill.


follow ye Conditions of sale vizt.


Articles and Conditions whereupon by order of ye Court of New Castle bearing date ye 6th day of Aprill .Laest past, is to bee sould at this publicq outcry a Certayne farme or peece of Land togeather wth ye marrish housing fences and a small bitt of Land Lying att paerden hoeck wth all and singular the appurtenances thereunto belonging, The sd farme & premisses Lying & being on ye Eastsyde of This Town of New Castle att swanwyke betweene ye farmes & Land of Pelle mathias on ye west & ye street and ye Land of Claes Andriess on ye Eastsyde, Contayning in Length & breath according to pattent and as ye same hath ben possessed by Jurian Junsen deceased and the prsent Tennant Hendrik Jansen Sybrants : Soe that by these p'sents is sould all ye right & Intrest of ye orphants of Jurian Junsen therein & noe more : The purchazer is to haue & take possession of ye housing Land & premisses the first day of may now next Ensuing, The Corne wch is now sowed upon the Land by hendrik Janss is Excemted out of the sale : The payment is to be made at Swanwyck unto ye orphant of Jurian Junsen deceased by an order or wth ye Cognizance of ye Court, wth and merchandable Corne or other good & Cour- rant pay in the River then att prys Courrant : ye one third of ye whole sume wth in ye space of three years now next Ensu- ing the one third wth in ye space of six years & ye Laest third part wth in ye space of seven year after ye day of ye date hereof wch will bee in ye yeare 1687.


The sd Land & all & whatsoever there is & shall bee made or done & made thereupon together wth all & singular the ap- purtenances & dependences, is hereby well Expressly : mort- gaged and Remaines to all Intents & purposes as a Speciall mortgage & security bound unto ye sd orphant untill ye Laest


410


RECORDS OF THE COURT OF NEW CASTLE.


payment shall bee fully made. The vendu master is by order of Cort discharged of his being bound for to see the payment hereof forthcoming & hath nothing further to doe then to sell the Land. The Buyer or purchazer is obliged to pay all ye Charges of this outcry & allso for all further wrytinge as shall bee necessary for ye makeing ouer of ye same. The purchazer and his heirs is further obliged nott to sell or dispose of ye said Land untill ye full payment shall be made, Except hee Gives sufficient security for the full payment of ye whole purchaze to ye Lykeing of ye Court.


These articles & Conditions were soe made and stated by ye advyce & order of Justice John Moll, Alrichs, Dehaes & Will : Sempill aforesd.


The Land Sould to P. According to ye above Conditions did


d' witt for 1425 gilders. Peter dewitt of swanwyke Remaine pur- chazer of ye abovesd Land & premisses as ye most bidder to ye sume of fourtheen hundered and twenty five gilders, and did Ingage himselfe his heirs and assignes to performe ye same.


Att a Court held in the Towne of New Castle by his maytie Authority the 4th of May 1680.


Prsent


Mr John Moll Mr Peter Alrichs Mr fop outhout Mr Gerret otto Mr Joh : D'haes


1


Justices.


JUSTA ANDRIES and AEL- - Plt In an action of slaun- der & defamation.


TIE his wyfe


JAN ANDRIESS STAALCOP - & CHRISTINA his wyfe


Deft


The case of difference being about some Slaunderous words that this deft & his wyfe should haue Called this PIts wyfe a theef. The Cort did thinke fitt to referre ye Case to a Jury, whoe being Returned brought in a verdict for ye Plt as follow-


411


RECORDS OF THE COURT OF NEW CASTLE.


eth vizt wee find for ye Plt agst the deft 12 pence damadge wth Jury. ye Costs of suite. The Cort passe Judgemt


Tho : Spry according to verdict : Hendrik Lemmens Hend : Williams a witnesse for ye deft was sworne in Cort John ogle before ye Jury went out declared that John Kan being att ye wedding of Mr Tymens hee


Corn : Janss heard yt Jan Staalcop sayed to Justa


Jan Barentss Andries why doe you goe by my house Roelof Andries & doe not come in. Justa answered that because you haue accused my wyfe for a Ambroos Baker theef. Jan Staalcop sayed So if or wyves


Jo Walker


Jan Gerritze haue trouble togeather Let us be frinds gisbert dircx & drinke for wee are Come heither to


gerrit smit. bee merry, and ye deponant sayes that hee did not hear Jan Andriess caal Justa or his wyfe a theef.


EDMUND CANTWELL Plt


The defts 3rd default.


JOHN BERCQUER Deft


The Plt demands of this deft pr ballance of accts ye sume of 350 Ib of tobbacco for wch hee humbly Craues Judgemt wth Costs and that his attachment for soe mutch Layed on a per- cell of hoggs may bee allowed wth Costs. The Plt haueing in Court made oath to ye Justnesse of ye ballance of his acct The Court doe order Judgemt to bee Enterred accordingly and dce allow of the attachment wth Costs.


JOHANNES D'HAES Plt -


the defts 3rd default.


JOHN BERCQUER Deft


The Plt demands of this deft by a bill under ye hand of this deft the sume of 465 Ib of tobbacco, for which sd sume hee humbly Craues Judgemt wth Costs & that his attachmt on ye defts tobbacco may bee allowed wth Costs. The deft being Run out of ye Governmt and this being the 3rd Court day : The Court ordered Judgemt to bee Enterred for 465 Ib of tobbacco according to bill and the attachmt allowed of wth Costs.


Doctor Thomas Spry haueing often before and now againe


412


RECORDS OF THE COURT OF NEW CASTLE.


Earnestly desiering that ye Court would bee pleased to order ye Deakons or Pooremasters of this Church of New Castle to pay him ye sª Spry ye sume of Three hundered gilders Due to him for Curing Evert Branties Legg etc : The Court takeing the buisness in Consideration, haue thougt fitt to order, That ye sª Deakons shall Deliver unto sª Doctor Spry ye Cowe be- longing to ye Poore att p"sent upon halfe Increase wth hans Schier after ye tyme shall bee Expiered for 200 gilders : and yt the vendu master Eph : Herman shall pay ye remaining 100 gilders to ye sª Spry out of ye Cowe sould in vendu unto mr Peter alrichs.


Upon Complaint made itt is ordered that James Crawford shall make good his sheare of ye highway betweene this and next Court in default thereof hee to pay ye fyne of 1000 Ib of tobbacco according to former order of Court.


SAMUEL BERCQUER Plt


ABRAM MAN Deft


This action is Continued by ye Pits desire untill mn" william Clarkes Comming up from the whorekill or till further order.


JAN BISKUS PI ROB : TALLENT Deft


The deft being deceased sence the action was Enterred : The action faals in Court.


THO. SPRY Plt


Deft - This action was by ye Plt


JOHN TAYLOR


withdrawne.


JOHN DARBY Pl


WILLIAM OSBORNE Deft withd : by ye Plt in Court.


JOHN DARBY Plt The defts 2ª default.


ROBBERD HUTCHINSON Deft


The action was by ye Court Referred.


Upon the Peticon of Hans Coderus a Cooper; The Cort doe


413


RECORDS OF THE COURT OF NEW CASTLE.


grant him to take up wthin This Towne of New Castle one Lott of Land wch heretofore is not granted to others, Provyded hee ye Peticon" himselfe settles ye same & followes ye Coopers trade for Incourradgemt & ye Conveniency of ye Inhabitants.


JOHN MOLL Plt ROBBERD MORTON Deft


The Plt demands of this deft by twoo Certaine bills under ye hand & seale of this Deft ye Just and fuil quantitys of 1713 Ib of tobbacco & Caske and 476 Ib of porke dutch wtt & tarr : for wch hee Craues Judgemt wth Costs; The deft being absent and ye debt prooved ; The Court did thinke fitt to Re- ferre this action untill next Court and if ye plt doe not apeare or doth not sattisfy ye debt before then Judgement to passe agst ye high sherrife.


Upon the Peticon of Christopher hudden The Court doe grant him Liberty to take up twoo hundered acres of Land, on the westsyde of this River of Delowar wthin this Courts Jurisdiction, the sª Land to bee not granted taken up or Im- prooved by others hee ye Peticon" seating & Improoveing ye same Land according to the Regulacons of his Excellency the Governor & ye Lawes of ye Governmt.


Apeared in Court Jan Biske of this Towne of New Castle whoe by his deed of Conveigance bearing date ye 3ª of May 1680 did declare to assigne Transport & make ouer unto Huybert Lourensen of swanwike one hundered & ten acres of Land Lying & being on ye westsyde of this River of Delowar opposit against Reeten Island and there on the North syde of a Certayne Creeke Called St Augustines Creeke (als arenties- kill) This abovesd 110 acres being the full & Equall one third part of a Certayne pattent of 330 acres of Land by the Right Honorble ST Edm : Andros granted unto Caspares Herman bearing date ye 25th of march 1676 This one third to bee ye Lowermost part or sheare of ye whole tract; Jan Biske aknowledged to have Received full sattisfaction of sd huybert to Content.


414


RECORDS OF THE COURT OF NEW CASTLE.


Upon the Peticon of Cary ye former widdow of Jurian Junsen deceased & ye present wyfe to hendrik Jansen desier- ing hur } of ye Lande & farme sould by order of Court ye 10th of Aprill Laest unto Peter Dewitt for the use of ye orphant of ye sd Jurian Junsen The Court haue agreed wth sd Cary & hur husband hendrik Jansen that sd Cary shall haue in full of all hur demands, on hur sd former husbands Estate, out of ye first payment for ye Land from Peter Dewitt one Cowe & one Calfe wch by ye Court is vallued att twoo hundered Gilders : where with sd Cary & hur husband were fully sattisfyed.


Upon the Peticon John Arnald The Court doe grant him Liberty to take up wthin this Courts Limits twoo hundered acres of Land weh heretofore is not granted or taken up by others, hee seating & Improoveing the Same according to Lawe & Regulacons.


Upon the Peticon of Darby Regan, The Court doe grant him Liberty to take up wth in this Courts Jurisdiction Twoo hun- dered acres of Land wch heretofore is not Granted or taken up by others, hee seating and Improoveing the same according to Lawe and ye Regulacons of his Excell : the Governo".


Apeared in Court George Moore the son & heir of Anne whale deceased, whoe declared to assigne Transport and make ouer unto Ephraim Herman his heirs and assignes forever a Certayne house & Lott of ground scituate Lying & being wth in this Towne of New Castle at ye strand between the houses and Lotts of Justa Andries & Matheus & Emilius de Ring Con- tayning in breath sixty foot and in Lenght from ye strand to ye mart Equall wth ye other Lotts and the sd George Moore did aknowledge to have Received full Sattisfaction of ye sª Ephraim Herman for the same to Content.


ABRAM MAN


ARNOLDUS D'LAGRANGE withd : by the plt.


The Court adjorned till the 1 Teusday in June next.


415


RECORDS OF THE COURT OF NEW CASTLE.


May the 19th 1680 : New Castle.


Mª Johannes Kipp the attorney of mr Cornelis Steenwyk adniinistrat" of the Estate of John Shackerly deceased Com- ming in the Towne and desiering to haue a speciall Court Called : upon his Request ye same was granted.


Att a Speciall Court held in the Towne of new Castle att ye request of ME Joh : Kipp. May 19th 1680.


Mr John Moll


Mr Peter Alrichs


Prsent


Mr Joh : D'haes


Justices


Mr Abram Man


Mr Will : Sempill


JOHN Cocx by THOM : SPRY his attorn. Plt


JOHANNES KIPP attorney of MY CORN : STEEN- - WYK Administrat of ye Estate of JOHN SHACKERLY decd


Deft


The Plt demands of the Estate of Jo Shackerly deceased by a bill under the hand of him ye sd John Shackerly The full number of seven Yeos. The sd debt was prooved and owned.


EDMUND CANTWELL Plt


CORN : STEENWYK the adm. of ye Estate of Jº ) Deft


SHACKERLY deceased by JOH: KIP his attorn: J


The Plt produces an acct by the ballance Whereof there was due from this deft 199 gilders & Eighteen styvers and one pound 108 & 10d sterl : wch sd acct the Plt by his oath in Court.


GABRIELL MINVIELLE by CAPTN EDMUND CANT- - Plt WELL his attorn :


CORN : STEENWYCK administr of ye Estate of


JO SHACKERLY deceased by JOH : KIPP his > Deft attorn :


In an action of debt by acct ye sume of 2269 gilders 11 styvers and 20 firkins of soape wch acct was by Mr Minviell Prooved in New Yorke.


416


RECORDS OF THE COURT OF NEW CASTLE.


THOM : SPRY Pit


CORN : STEENWYK adm : as above by JOH : KIP Deft


In an action of debt by acctt 307 gilders & 5 styvers, to ye Justnesse whereof the Plt made oath in Court.


JOHN OGLE Pit


CORN : STEENWYK administr of Jº SHACKERLYS Deft Estate by JOH : KIP his attorney


The Pit demands of ye deft 950 Ib of Tobb : pr ballance of acct whereunto ye Plt made oath in Court.


EPHRAIM HERMAN Pit


CORN : STEENWYK adm : as above by JOH : KIP Deft


his attorney


The PIt being absent & att New Yorke soe that hee could not be present here, Itt was ordered & agreed on that hee shall haue Equall priviledge wth ye other Creditors above mentioned for soe mutch as hee shall Justly make apeare to be his due etc.


Mr Johannes Kipp ye attorney for Mr Cornelis Steenwyk administrator of the Estate goods & Chattles of John Shack- erly deceased : This day agreed in Cort wth ye Creditors of ye sª Shackerly here aforementioned and doth oblige himselfe to pay all ye aforesd Creditors here aforementioned wthin these preincts proportionably soe far forth as the Estate shall goe according to Lawe and ye Governors orders : upon wch sd agree- ment ye aforementioned Creditors doe wthdrawe their actions and alsoe discharge their severall attachments.


JOHANNES KIPP attorney of MR CORN : STEEN-


WYK administratī of ye Estate of Jº SHACK- Pl ERLY dec.


CAPTN EDMUND CANTWELL; Deft


The Plt demands of this deft by acct the sume of 1782 gild- ers & 4 styvers. The deft Capt" Cantwell made oath in Court, that directly or Indirectly hee never had anything of John Shackerly but what hee had given him Credit for in his acct and yt the Laest acct wch sd Cantwell had from ye sd Shackerly,


417


RECORDS OF THE COURT OF NEW CASTLE.


there was due to ye sd Jo Shackerly 284 gilders & 2 styvers wch is the first article where the sd Cantwell gives Credit for unto ye sª Estate, and that there still remaines due unto him yesª Cantwell 199 gildrs 18 styvers & 11 10$ 10ª as is before declared and sworne unto.


JOH : KIPP attorn : of MR CORN : STEENWYK - administratī of the Estate of JOHN SHACK- Pit


ERLY deceased


JOHN CAN Deft


The Plt demands of the deft by bill the quantity of thirtie eight bevers ye one halfe in good winter wheat & ye other halfe in peltery, and more by acct ye sume of 162 gildrs 10 styvers. In all ye sume of 1112 gildrs 10 styvers for weh hee Craues Judgemt wth Costs. The deft ownes the bill, but brings in a Contra acct agst ye Pit by wch this sa plt is Indebted unto ye deft ye sume of 18 gilders pr ballance, to wch ye deft made oath in Court, whereupon its ordered to bee deducted out of ye bill. The debates of both partees being heard and Mr Eph : Herman haueing Layed an attachmt upon part of ye Effects wch ye deft is Indebted to ye Plt, and the Plt Ingageing to in Court to beare ye deft harmlesse from ye attachmt Layed by Mr herman, The Court Passe Judgemt by Consent of ye deft and ye plt to pay the Costs if ye debt bee paid in Eigt dayes Tyme.




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