USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 29
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11 | Part 12 | Part 13 | Part 14 | Part 15 | Part 16 | Part 17 | Part 18 | Part 19 | Part 20 | Part 21 | Part 22 | Part 23 | Part 24 | Part 25 | Part 26 | Part 27 | Part 28 | Part 29 | Part 30 | Part 31 | Part 32 | Part 33 | Part 34 | Part 35 | Part 36 | Part 37
JOHANNES KIPP attorn : of MR CORN : STEEN- WYK administr of ye Estate of JO SHACKERLY deceased
JOHN DARBY Deft
The Plt declares as pr declaration that ye deft stands Justly Indebted ye sume of Eighty Eight pounds 2 shillings & 10 pence pr bill and more pr acct 1501b 18 & 3 Caskes of Sugar att 10 pence pr pound for weh hee Craues Judgemt. The deft prooved in Court yt ye bill of 881b 2$ 10d as alsoe ye 3 Caskes of Sugar are Comprehended in ye acct of 1721b 148 & 10ª more
27
418
RECORDS OF THE COURT OF NEW CASTLE.
a hhd of Rum of 84 gall : which Amounts to 331b 128 the Deft declares he neuer Received ye sd hhd of Rum directly nor Indirectly yt being discounted out of ye sª 172: 148: 10ª there Remains due 139 : 28 : 10ª by bond & account for wch ye deft Confesses Judgemt provided yt fifty pound of ye aforesa sum of one hundered thirty nine pound 2 shillings & ten pence is to bee paid wth fiue thousand Ib of Tobbacco according to agreement upon wch ye deft hath giuen his oath & ye Court passed Judgem' accordingly.
Sr Edmund Andros Knt Signeur of Sausmarez Lieut : and Gouernor Gener" under his Royall Highness James Duke of Yorke & Albany &c. of all his Territories In America Whareas John Shackerly Late of this Citty marchant, de- ceased did in his Last will & testament nominate & apoint Sara his wife to bee his Executricx, to see ye same fulfiled & profe hauing bin made thereof att ye Court of Mayor & Alderman whare many Creditors Appearing Shee Relinquisht her Executricx ship & together with sd Creditors did Request mr Cornelyus Steenwyck one of ye Creditors to take ye admin- istration upon him yt the Creditors might bee paid Propor- tionably as far as ye Estate will goe & ye Remainder bee for ye widdow & Children ye which he hath accepted of and ye Court Approued of ye same these prsents may Certify & de- clare that ye above Cornelyus Steenwyck is admitted & con- fermed to all Intents & porposes administrat" of ye Estate goods & Cattell of ye said John Shackerly deceased hee hau- ing hereby full power & lawfull Authority to enter into or keepe Possession of ye Premisses for ye use and behoofe of the Creditors widdow & Children Aforementioned & to dispose thereof as an administrator according to Law hee hauing given Security & Rendering Act of the same as in ye Law is Required giuen under my hand and Seale In New Yorke this 23 day of Desember 1679.
Past the office and Security
taken by mee
(was signed) E ANDROSS
MATTHIAS NICOLS Secr
419
RECORDS OF THE COURT OF NEW CASTLE.
Compareerde voor my Willem Bogardus not, Publicq in New Yorke Resideerende geadmitteert by den weel ed: & Rechtachtss Hr Sr Edmund Andros Govern" Gener" wegens syn Koonincklshooght : den heere James Hertoogh van Yorke & Albany etc : ouer alle syne Territorien in America & voorde naergenoemde getuygen d'hr Corn : Steenwyck in qualitie als administr ouer den naergelaeten staet & boedeel van wylen John Shackerly, dewelcke & claerde geconstitueert & volcomen maghtigh gemaeckt te hebben gelyck hydoet by desen m™ Johannis Kipp omme uytden naem & qualiteydt als voors : vanden h' Constituant, Te Eyschen vorderen En ontfangen van den genen des behoorende soodanighe somme van pen- nengen en Effecten als deselue volgens de bewysen obligatie Reeckeninge als Andersints den geconstitueerde ter handen gestelt Schuil digh syn aen den staet van gemelte Jnº Shack- erly sall : tot dien eynde met een Igelycke te reeckennen en Rekenningh voerdeeren deselue te approberen Reffuseren oft Contrarierent sy Int geheel oft ten deelet slot en Reliquen van dien meerde te Recouerreeren en ontfangen alomme vanden ontfangst quittantie te passeren, en voor namainge te Caueren Item ouer alle questien & verschiellen te mogen accorderen te compromitteren Transigeren en submitteren voor goede mannen ofte arbiters wettigh gestelt ofte willigt eoren der seluer desie sie te Approberen oft daen van te Renunseeren des nots synde ende wegens alle andere tocuallende saeskten te mogen Compareeren Rechts voor deninge plegen voor soodanige heeren rechters en gerechten des behoorende alle dagen en termynen van Rechten de Royale Executien in Clyus te obserueren en vorders alles meer te doen in Rechten en daer byten wes tot de volcomen uyt voeringe vande saeke Enighsints soude mogen werden gereequeveete en vereyschen endat met soedanige Absolutie Last macht en Authoritytt als off den h" constituant selfs present synde soude comen ofte mogen doen met macht merde een oft meer personen Adlites als anders beneffens hem en in syn Plaets te Rusen en substi- tuteren belouende voor goet vastbondigt envan warden te houden en te doen houden wat byden geconstituerde en des
420
RECORDS OF THE COURT OF NEW CASTLE.
selfs gesubstitueerendes uyt crachte deses sall vorden gedaen richt on der verbant als naer Rechten mits gehouden blyuende onder gelyck verbant van haer ontfanght en uyt gift en verrichte te doen behoorlyck Reekenninge bewys en Reliqua Indirconde de minutet deses byden h" Comparant beneffens m' Rinere Willemss Anderus gerevenraet als getuygen heir toe gerequiert en my notario den Prothocolle ondertekent. In New Yorke den 23 february Aº 1673'%.
Collatie Twelck getuyge was geteeckent WILL : BOGARDUS Not. Pub.
Att a Court held in the Towne of New Castle by his mayties authority the 15th day of June 1680.
Followeth the Coppy of the New Commission for the mag- estrates.
Sr Edmund Andros Knt Lievt and Governor Genel and Vice Admirall under his Roy" Highnesse James Duke of Yorke and Albany etc : of New Yorke and dependencies etc in Amer- ica, By vertue of the Authority derived unto mee I: doe hereby in his mayties name, Constitute apoint & authorize you M' John Moll Mr Peter alrichs Mr Gerret otto Mr Johannes De Haes and Mr William Sempill to bee Justices of the Peace in the Jurisdiction of New Castle in Delowar and dependences and any three or more of you to bee a Court of Judicature, Giving you and Every of you full power to act in the said Imployment according to Lawe and the Trust Reposed in you of wch all pisons are to take notice and to Give you the due Respect and obedience belonging to yor places in ye dis- charging yor Dutyes. This Commission to bee of force for the space of one whole yeare from the date hereof or till further order. Given under my hand and Seale of the Province in new Yorke this 28th day of May Annoq Dom : 1680.
Past the office
(was signed)
MATHIAS NICOLS Sec". E ANDROSS.
421
RECORDS OF THE COURT OF NEW CASTLE.
At ye Cort Aforementioned were prsent vizt
Mª John Moll Mª Peter Alrichs - Justices.
Prsent
Mr Gerret Otto Mª Joh : D'haes Capt" Edm : Cantwell high Sherrife.
Justice John Moll produced in Court a Letter from his Excell : the Governor att New Yorke The Coppy thereof doth hereafter follow vizt.
New Yorke 12th may 1680.
MY Moll
Itt being neither practice nor Lawe of or nation or Contry to bannish, thoug vagabonds, Comming first to a place lent out afore settlement or (Generally) six weekes residence, this is an Intimation thereof to yo"selves that if Rob : hutchinson should come to yor Towne for his Privat Lawfull occasions for some dayes Comporting himselfe as he ougt, I : thinke t'will bee well hee be not hindered or turned out upon acct of for- mer Bannishmt and you may bee assured I : shall always bee Carefull to preserve the Honor and reputation of Courts as farr as is fitt for mee to my power, and Remaine
yor Afectionate frind
(The supperscription was) To M' John Moll or
(Signed) E ANDROSS
Mr Peter Alrichs att New Castle Delowar
SAMUEL BERCQUER PIt ABRAM MAN Deft
The determinacon of this Case is referred as pr ye former . order of ye Laest Court.
122
RECORDS OF THE COURT OF NEW CASTLE.
JOHN DARBY Plt
ye 3ª Court. urt.
ROB : HUTCHINSON Deft
The Plt demands of this deft by ballance of acct ye sume of 333 gilders for wch hee Craues Judgement wth Costs. The deft apearing made objections agst part of ye acct and further produces a Contra acct wch being Examined & stated in Court the deft was allowed out of his sd acct 56 gilders soe that the ballance due to ye Pit was 277 gilders to wch sd acct ye plt made oath in Court. The Court haueing fully Examined the buisnesse doe order Judgemt to bee Enterred agst ye deft for the sd sume of 277 gilders wth Costs wth this provisoe that in the payment of ye sd debt the plt is to allowe for 425 Ib of tobb : in Maryland to bee Received there att 8 styvers pr Ib as hee has Charged the deft in ye acct.
There being no
Cort without
JOHN MOLL
Plt
Justice Moll
ROB : MORTON
Deft
who cannot sit on his owne Case, Itts there- fore Referred.
GAB: MINVIELLE by his Attorn: Plt In an action of CAPTN EDM : CANTWELL debt to ye sume The Estate of RALPH HUTCH- Deft - of seventy twoo INSON deceased pounds 7 shill. There being as yett no Lett" of administrat" granted, this Case is Referred. }
ABRAM MAN Plt SAMUELL BERCQUER Deft
ye 28 xbz 1680 Execu- The Plt by his declaration demands of tion taken out by ye this deft one good sound merchandable P" Ab: Man upon this Judgem' hoghshead of tobb: to bee delivered in the Towne of New Castle and 25 gildrs in good sound pay of this River, for wch hee Craues Judgemt wth
423
RECORDS OF THE COURT OF NEW CASTLE.
Costs. The deft sayes to haue paid 15 gild's towards ye 25 gildrs The debates of both partees being heard The Court doe order Judgemt to bee Enterred agst the deft for one hhd of tobb : & twenty five gilders according to the Tenor of ye bill wth ye Costs, The deft deducting what hee can make apeare to haue paid towards itt.
ABRAM MAN by his Attorn : { Pit
Jos : BARNES
WILL : OSBORNE Deft
The Plt declares that this deft haueing Ingaged in ye be- halfe & for one Edw : Curtis to build one sixty foott tobb : house for yor Plt Yett the deft doth still refuse & put ye Plt of Insoemutch that ye Plt is thereby mutch damnifyed & hatlı begun to build a house himselfe, and therefore humbly desires that this deft may bee ordered to pay the vallue of ye worke hee was to doe & to pay ye Charge hee was to pay and the damadge ye Plt has sustayned. The deft Replyes that hee al- wayes has ben readdy to performe the worke, whenever the plt should bee reddy for him & send him word to Come : and now in open Court Tendered to goe & finish the worke Imediatly if ye Plt was reddy. Samuel Bercquer sworne in Court declares, that when William Osborne markt the timber trees out for the building of ye tobb : house hee ye sª Osborne then tould M' Man that hee should gett the trees falen and all things in a Reddinesse and then send him word and hee would come and build, and afterwards this deponant being att ye house of Mr Man heard Mistrs man say, I : wonder that William Osborne doth not come, upon wch this deponant Re- plyed hee Expects that you shall give him notice, mistris Man made answer, what are wee to give him notice, upon wch M" Abram man answered Yes I tould him I would send him word when wee were Readdy, and further sayeth not. John Morgen servant to Abram Man sworne declares that hee hath fallen by his masters order, twoo timber Trees, but that they are neither sawed nor maled and for any other timber theres nono
424
RECORDS OF THE COURT OF NEW CASTLE.
Readdy to his knowledge and farther sayeth nott. The def' humbly Craues a nonsuit agst ye Plt for that there is no Cause of action agst him. The debates of both partees being heard The Court doe Judge, that sence M' Man doth not proove yt hee has got any Timber Reddy neither that hee has given any notice to Will : Osborne to come & build ye tobbacco house and that hee was Reddy, and will : osborne declaring that hee has alwayes & still is Reddy to build ye house, as soon as Mr Man is reddy for itt, That therefore there's noe Cause of action and doe order a nonsuit agst ye Plt wth Costs of Suite.
ROBB : HUTCHINSON Plt
WILL : PATTISSON Deft
Upon ye Request made in the behalfe of ye deft by Justice otto alledging an Impossibility of ye deft apearing this Court. day : The Case is Referred till next Court day.
Jan Biscq and Isacq Tayne prferring in Court a Peticon de- siering a grant to take up betweene them 3 vacant Lotts of ground wth in this Towne of New Castle In Consideration of a former old debt due unto them as ye heirs of Isacq Tayne de- ceased from the Publicq etc : The Court takeing the buisnesse in Consideracon doe grant them for ye Consideracon abovesd three Lotts of ground behind ye Lotts granted to moses degan & hendrik vanden Burgh each Lott to bee 60 foott broad and ye Lenght to be as long as for Conveniency & scituation itt will fall; they makeing Improovemt & settlemt according to Lawe & Regulacons.
Upon the Request of John Ogle one of ye Creditors to the Estate of doctor Jordins, The widdow of sd Jordins was sent for in Court and demanded what order or Result shee had from his Excelly the Governor att New Yorke; shee replyed none but that the Governor had tould hur he would doe hur Justice ; The Cort Referred ye Case till September next and in ye meane tyme the widdow Recommended to gett ye Governor's Result and order : otherwayes the Court will bee forced to proceed therein.
425
RECORDS OF THE COURT OF NEW CASTLE.
Ambroos Backer one of ye overseers of ye highway & dyke ordered to gett ye Cartdyke ouer ye Towne fly made out of hand ; the swanwyke People to doe on the other and ye Towne People on this syde ye bridge.
The Cort adjorned till ye first Teusday in Septembr next.
By the Court of New Castle.
Whereas notwithstanding ye former order from his Excelly Gouernor Edmund Andross prohibiting and strictly for- bidding all manner of persons wthin the limmits of this River of Delowar not to giue or sell unto any Indian by Retayll any strong Licquors under ye quantity of twoo gallons & that to bee Carryed out into the woods upon the penalty & forfeiture of 200 gilders as by the said order may more att Large ap- peare Yett the same hath hitherto not ben observed but to ye Contrary by many selling of Licquors by Retayll unto ye In- dians seuerall great misfortunes & sad Accidents of Late had lyke to haue happened which to prevent for the future The Justices of this Court of New Castle haue thought itt their duty and most necessary to order & doe hereby order and forbid all the Inhabitance of this Towne of New Castle & all others within the Jurisdiction of this Court none Excepted That they for the future & from the day of the date hereof doe not in any wayes sell give barter or exchange by Retayll under the quantity of one halfe ancor to and with any Indian or Indians whatsoever any Rom Brandy strong waters strong beare Cyder or any other strong Licquors whatsoeuer under the penalty & forfeiture of twoo hundred gilders to be Levyed by Execution upon ye goods & Chattles Lands & Tenements of any such offenders one third part thereof to be for the Informer } part for the high Sherrife & } part for ye Church and whereas Itt is hereby permitted to sell to an Indian ye quantity of one halfe ancor Itt is further ordered that all those as shall soe sell any halfe Ankors of Licquors to any Indian shall take such Care yt the sd Licquors or any part thereof be in no wayes drunk out wthin this Towne but yt itt be Conveiged att Least
426
RECORDS OF THE COURT OF NEW CASTLE.
one myll from the Towne & so Likewise from any Inhabitance houses and Allso that no licquor att all be sould on ye sabbath or lords day upon ye penalty aforesd This order to be forthwith publisht by the Cryer & affixed up att ye Church door to the end all persons may take notice & Conforme themselves there- unto Datted att New Castle this 2ª day of August In ye 32 yeare of his maytes Raigne Annoq Dom 1680.
Att a meeting of the Justices held in the Towne of New Castle by his mayties Authority ye 21st of August 1680.
The following Letter To his Excell : ye Governor att new Yorke was writt & sent by Eph : herman Clarke of ye Court etc. :
Right Honorble Governor
May itt please yor Excell : Mr Ephraim Herman has. shewed us yor Excells Lett" and the accts of Capt" John Colier ; yor Excell : will be pleased to know that there was never any other Tax or publicq Levy Laid here, then in 1677 wch was wth yor Excells approbation & only on ye acct of ye woolfes heads ; and att ye same tyme were Collected the fynes ; whereof then also an acct was sent to yor Excell : The acct of Capt" Colier wee have perused the article therein for woolfs heads Capt" Cant- well the high Sherrife is & hath ben Readdy to Give Capt Colier Sattisfaction for soe mutch when demanded : also for the article of £7 : 98 : Charged for repairing the dyke to Martin Gerritson ; The severall persons whoe haue shears in ye towne fly will bee reddy to pay proportionably to Captª Colier or his order soe mutch as hee hath Layed out for them on sd acct and for what Consernes ye rest of sd Capt" Coliers acct wee humbly acquaint yor Excell : that att p"sent wee know not wch way itt may bee paid haueing now nor before any Cash or publicq store to pay ye same. The 25 pr Cento Charged by Capt" Cantwell for his Collecting ye woolfe ye dyke & fyne monny wee in all humility desire yor Excell : to soe Regulate ye same as yor Excell : shall thinke Just & Equitable ; This goeth by or Clarke Mr Eph : herman whoe can further verbally ac-
427
RECORDS OF THE COURT OF NEW CASTLE.
quaint yor Excell : of itt, and of all things in these parts wch Continue att p"sent well. This is all at prsent from
Right Honorble Governor Yo' Excell : most humble & faithful servants New Castle Augst ye 21st 1680
JOHN MOLL PETER ALRICHS JOH : D'HAES WILL : SEMPILL
The 23ª of August 1680 apeared in ye office Benjamin Gumbly Living in blakebird Creeke, whoe desiered to haue ye ear marke for his Cattle & hoghs etc recorded wch was as followeth vizt A swallow forke upon ye Right Ear & a flower the Luce upon ye Left Ear.
Att a Court held in ye Towne of New Castle Sept : 7th 1.680.
Prsent
Mr John Moll Mr Peter Alrichs Justices Mr William Sempill Capt" Edm : Cantwell H : Sherrife.
Proclamation being made, The Cort adjorned till ye first Teusday in ye month of October next Ensuing. (. )
Att a Court in ye Towne of New Castle October 5th 1680:
Proclamation being made the Cort was adjorned by Justice John Moll & Sempill untill ye first Teusday in November next.
At a Court held in the Towne of New Castle by his mayties Authority November ye 2ª & 3ª Aº 1680 :
Prsent
Mr John Moll Mr Peter Alrichs Justices. Mr Johannes D'haes Mr Will : Sempill Capt" Edm : Cantwell high Sherrife.
The Court being Informed that Marten Gerritsen of Chris- tina Creeke hath ben missing Ever sence Sunday ye 31st of
428
RECORDS OF THE COURT OF NEW CASTLE.
Octob : Laest past, and that itt was supposed by all signes & Circumstances that hee ye sª Marten Gerritsen was drowned out of his Canoo, Itts therefore ordered that ye Constable Jan Num- mersen make diligent serch and Inquiry after ye sª Marten Gerritzen: and if not found or further heard of to bee alive that. ye sd Constable togeather wth mr Mathias de Ring in ye prsence of twoo of the neigbours take an Inventory of what is found in ye house and belonging to ye sd Marten Gerritsen, and that they secure the same untill further order, and also that an Expresse bee sent up to Lasse Andries, Swen moensen and ye Rest of sª marten Gerritzens relacons at moymensink to make them acquainted wth ye premisses.
JOHN MOLL Plt ROBBERD MORTON Deft
4º of Nov" 1680 Execu- The Pit demands of this deft by ball-
tion Issued out. ance of twoo bills under ye defts hand & Seale ye sumes of 1713 fb of good sound merch : Tobb : in Caske wth dutch wtt & tarr, as also 476 Ib of good merchand : porke dutch wtt and to bee Conveniently paid in Appoquene- men Creek for wch hee Craues Judgemt wth Costs. The de- bates of both partees being heard and ye deft not haueing had his paymt Reddy when itt was demanded ; The Court Judgemt to bee Enterred agst ye deft for 1713 Ib of tobbacco & Caske and 476 Ib of porke to bee paid according to ye Tennor of ye bills wth Costs.
Peter Groenendyck of New Yorke preferring in Court a Peticon sheweing that Capt" Edmund Cantwell in ye behalfe of ye Peticon" Did upon ye 5th day of March 1672 obtayne a Judgemt in this Court of N: Castle against Mary the widdow of hans Blocq deceased for ye sume of 145 gilders and yt not- withstanding ye sd Judgemt shee ye sd Mary throug hur mis- informacon to this Court alledging that shee had ben forced to signe to ye bill of 145 gildrs att New Yorke, Did on the 7th of May 1678, obtayne a rehearing in Equity of ye sª Case be- fore this Court: where itt was found that shee ye sª Mary
429
RECORDS OF THE COURT OF NEW CASTLE.
Blocq was not Lyable in Equity to pay ye sd debt abovesd Troug weh sd order ye Peticon" finds himselfe mutch agreeved: hee not haueing ben prsent att ye sd Rehearing etc : and there- fore the Peticon" now humbley Requesteth that this Court would bee pleased to Confirme ye sd order of ye 5th of March aforementioned & to grant him Execution for ye sd 145 gild- ers wth Costs.
The Court answer, that sence there hath past a Judgemt and after that a Rehearing of the sd Case abovementioned that therefore they can not proceed further therein unlesse by speciall order from his Excell : the Governor.
Whereas mr. Peter Groenendyck of New Yorke made itt apeare to ye Court that Walter Wharton deceased, by a bill under his hand & seale bearing date ye 16th day of Novembr 1677 stands Justly & Truly Indebted unto him ye full and Just sume of one thousand and twenty fyve Ib of good sound merchandable Tobbacco and Caske to bee wth in one month After ye date, Conveniently att or about the Whoorekill : The Cort doe passe Judgemt agst ye sd Estate of Walter Wharton for ye payment of ye sd debt of 1025 Ib of tobbacco according to ye Tenner of the sd bill and the directions of the Lawe wth Costs.
ROBBERD HUTCHINSON PIt WILLIAM PATTISHON Deft
The Pit demands of this deft 40 shill sterling, wch sume this deft ingaged to pay to ye Plt for ye widdow of Joseph Gar- ner deceased whoe owed soe mutch to ye Plt The deft Replyes that he owes to the sd widdow of Joseph Garner 200 Ib of Tobbacco but to this Plt no monny or gilders, and sayes that hee hath always ben Readdy to pay sd tobbacco. The debates of both partees being heard the Court find noe cause of action & therefore order a non suit against ye Plt wth Costs.
PETER DEWITT PIt In an action of ye Case for one hhd tobb : not delivered good accord- MORRIS LISTON Deft ing to promise.
430
RECORDS OF THE COURT OF NEW CASTLE.
Itt being auerred in Court by the neigbours of the deft that said deft is sike & not in a Condition to apeare; The Court therefore Referred this Case untill ye next Court day.
HENDRIK VANDEN BURGH PI
HENDRIK JANSEN SYBRANTS Deft
The Pit demands of the deft by acct ye sume of 110 gilders & 9 styvrs for wch hee hath Layd an attachmt upon ye defts Corne in ye hands of Jan Jansen.
The deft not being in ye County & not knowing of ye arrest, Its ordered to bee referred & this to bee ye first default.
ROBBERD MORTON PIt ROBBERD JOHNSON Deft
The Plt demands of this deft by acct ye sume of 1450 1b of tobbacco & 5 barrils and 2 Schippels of Indian Corne and ye deft being Runaway out of ye Governmt the deft hath there- fore Laid an attachmt upon the defts Cropp now upon his owne Plantation & humbly Craues Judgemt wth Costs. This being the first Court, The Case is Referred.
ROBBERD HUTCHINSON Appellt Contra
THOMAS SMITH JAMES PIERCE WILLIAM JHON- SON & WILL : WAYGTMAN
Defts
The partees being called for, Thomas Smit one of the defts only apeared alledging that hee was impowred by the other three to answer, but producing noe Letter of attorney or power in wryting : The sd Thomas Smith was willing and Did Enter Into bond for that they the other three defts abovenamed, should stand to & allow of what by him ye sd Smith should bee acted in this Case now depending ; whereupon the Court did thinke fitt to proceed to tryall, and by ye mutuall Consent of ye partees a Jury was Impanneled & sworne whose names are as followeth-Thomas Spry, John Andersen, John Taylor, Thom : harris Tho : woollaston, mathias d'Ring, Gisbert Dirck-
431
RECORDS OF THE COURT OF NEW CASTLE.
sen, Wm Grant, John Walker, Geo: more Reynier Vander Coelen Will : Pattishon after wch the Proceedings of ye Court of Salem being read, The appell' by his declaration declared as followeth vizt That hee the sd appellt haueing had an action depending in ye Court of New Salem agst these defts about a Certaine pss of Land Lying in Cohansey Creeke and ye sd Court haueing on the 11th of octobr 1680 past their award mutch to the detriment of him ye sd. appellt yt hee therefore had apealed from ye award of ye sd Court to this Court of New Castle, and did hope to make the Justnesse of lis Cause apeare : And first ye appellt sayed that on the 8th day of June 1675 John Edmundson did grant unto Andrew Juriansen and John Dunn 540 acres of Land Lying on the southsyde of Cohansy Creeke (or River) butted and bounded, as by a Cer- tificate thereof made under ye hand of Walter Wharton then Surveigor by ye appointment of John Edmundson & Will Tom attorn: for John fenwike for setting and granting of Lands in those parts may appeare and sence Sophia Juriansen Relict of Andrew Juriansen deceased did Sell hur Intrest togeather wth Charles Rumsey Assignee of John Dun, of in and to ye premisses unto Vicessimus Nettelshipp on ye 20th of february then next following, whoe had severall houses built thereon and a Considerable quantity of Ground Cleared & planted wthin ye tyme Limited, and had also full and quiet possession thereof during the tyme of his Lyfe: and dying his brother Benjamin Nettelship as the nearest in bloud became Lawfully Invested unto ye sd Estate, whoe sould the sd Land Plantation and premisses unto yor appellt for ye sume of 4000 1b of Tobbacco as by a deed thereof under the hand and seale of the sd Ben- jamin dated 25 of July 1678 may more att Large apeare, and yor appell haueing of Late ben in mutch trouble and for a tyme bereft of his Right sences was thereby hindered to Looke after his sd Land, as otherwayes hee would haue don, in wch tyme these defts haue seated themselves on ye sd Land & Plan- tation, denying yor appellt possession ; and thereupon hee brings his suite and desires Restitution and full sattisfaction
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.