USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 3
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The sd Peter Mattijssen Promised and Ingaged to the Court
33
RECORDS OF THE COURT OF NEW CASTLE.
To maintain the sd Tryntien wth Cloaths washing and Lodge- ing and will give hur att the three Jeares end a heffer wth Calfe, and doth aknowledge to have given her alreddy a Sow Pigg.
In pursuant of an order made the last Court Mr Walter Wharton this day made report of the length of the Towne Dyke and also ye Length of Mistris Blocques Dyke, being the new worke vizt-
The Towne Dyke
Martin Gerritsens part (as
Hend : Johnson reports, is 306 foott
Hendrik Johnsons Part is 318 foott
Peter de Witts Part is 519 foott
The whole length of the Towne dyke
(allowing 12 foott for the sluice) is 1143 foot
Martin Gerretsen Sayeth yt hee hath done Seaven foot in hendrik Johnsons part, butt Hendrik sayes the Contrary.
Mistris Blocks Dyke
The whole Length of all ye new worke (being verry slightly done & allowing 12 foott for the Sluce) is 852 foott
November 21st pr Mee 1676
(Signed) WALTER WHARTON
The Court ordered that All those who have workt to the same (dykes) shall bring In their acct what & how much they have Received & of whome.
Uppon the Peticon of ŒEle Toersen shewing that he for- merly in the tyme of Capt Car & in the tyme of the Command of Capt Cantwell by their & the Courts order had workt about the dyke of this towne etc : the space of 21 dayes, desiering some sattisfaction for the sd worke .- The Court answer that they will Examin the dykes acct and if anything is over, the Peticon" shall be sattisfyed
Uppon the Peticon of John Adams for and in the Behalfe of his Mastr Wm Derwall and Capt" Thomas De Lavall Shew- ing-That the Peticoner in the yeare 1675 in the behalfe abovesd attached of ye effects of Capt" John Carr in this River
3
34
RECORDS OF THE COURT OF NEW CASTLE.
the sume of nineteen hundred gilders etc :- desiering that this worpp11 Court would passe an order, so that the Peticoner might have sattisfaction according to his abovesd attachment and the order of the execut" oldfield etc :
Whereas there hath past twoo defaults & this being the third The Court ordered Judgement to bee Entered against the sd Estate of Capt" John Car in this River according to attachment.
Uppon the Peticon of Walraeven Janss Marten Gerretsen Jan Staal Kopp John Ogle Andries Andriess Jan Andriess Andries Simecus Sophy Andries Jurianss widdow Jan Gerritz & Peter Jegou :- desiering that this Court would give them Leave, when they fetch in their old outLying hoghs to Marke the Joung ones that shall be wth them, in the prsence of their Neigbours in Cristina Creek etc : The Court Referr the Pe- ticon's to the former orders Provyded In such Lyke Cases.
See the Inventory etc: Recorded in the Register of p'ticular Instruments fo
The ExecutTE of Peter Hoofe de- livered In Court the Inventory and Appraizemt of the sd Hoofes Estate : The Court ordered the same to bee Recorded.
Upon the Peticon of Justa Andries desierin to have his son Sybrant bake from Mr Alrigs. The Court will give answer to the same next Court day.
Upon the Request of the Executer of Peter Hoofe, The Court grant them Leave to dispose of the goods of the deceased for to make Returnes to the widdow in England.
Att a Meeting of the Comander and Justices held In the Towne of New Castle on fryday the 8th day of decembr 1676 : Capt. John Colier Commander
MT John Moll
Prsent
MI William Tom
Justices
Mª ffoppe Outhout Mr Jean Paul Jacquet
Capt John Colier by his speech declared to the Court that
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1193932
RECORDS OF THE COURT OF NEW CASTLE.
in pursuant of his honer the Governors orders to him hee had on the 4th past sent a friendly and Civill Letter wth the under- sherrife to Mayor John fenwike shewing that hee had Received orders from his sd honor And dessiered him to come to New Castle, uppon wch the sª fenwike sent a Letter in answer re- fusing to come &c : as by the sd Letter produced in Court more plainly did appeare, further declareing that hee the sd Capt" Colier had ben in owne prson on the 7th past wth the sd fenwike att his house, where comming none of his Company were suffered to come in the house butt himselfe as when hee delivered to the sd fenwike In substance as followeth-That hee the sª Colier had not questioned butt according to his letter sent the 4th past, butt that hee would have Come over wth the undersherrife or att Leastwise have sent a more sattis- factory answer but sence hee the sd fenwike still stood out, by wch hee had given him the trouble. Come over in prson did therefore give him to understand that it was his honors the Governors order to have him the sd fenwike, to come and appeare before him and Councill att New Yorke wch Long before hee had understood by his sd Honors spetiall warrant sent to him and therefore desiered him now in all civility wth out further trouble to obey the sd orders, There being now a fitt opportunity for his going.
Uppon wch Mayr fenwike Replyed that hee did not know that the Governor of Yorke had anything to do wth him and that hee would obey nothing but what should come from his Majtie the King or his Highnesse the duke of Yorke and was Resolved not to leave his house wth out he was carried away either dead or [alive] and if any one dearst come to take him itt was att their Perills, and hee would do their buisnesse ; and after the sª Capt. Colier went out suffered him to come in againe but keeping his doore double boulted spoke to him out of a small skuttell hole at the end of the house.
Capt™ Colier declaring further to the Court that hee seeing that the sd Mayr fenwike was and continued so Refractory and stood uppon his defence ; and further Conciedering that the
36
RECORDS OF THE COURT OF NEW CASTLE.
magestrates by his honors order were Equally in the Buisnesse Concerned wth him, thought best to take their advyce before hee would proceed to Rigeur, wch was now the occassion of Calling this Court etc.
The Court haveing Concidered and maturely deliberated uppon the orders from his honor the Governor to them, and also the orders from his Honor the Goven" to Capt" John Colier in perticular, do Judge itt necessary sence the sd fen- wike in Contempt to his honors orders stands outt, uppon his Perrill, That force be used and hee the sd fenwike taken and sent to Yorke to his honors wth the first sloope, for the doing whereof they are willing to give forth the warrant etc.
The warrant Given forth by the Commander and Justices for the apprehending of Mayor fenwick.
By the Commandr & Cort at New Castle In Delowarr :
These are in his Mayties name to Impower and appoint you Lievetennt Johannes d'haes, Mr Michill Baron and Mr Geo : More undersherrife of this place to Levy twelve souldiers out of any of the militia of this River and wth them to Repaire to the house of Mayor John fenwike, and him the sd fenwike to bring by force before us to this Towne of New Castle uppon delowar.
Giving and hereby granting unto you and every of you full power and authority to pull down, breake, burne or destroy the sd house for the apprehending of him the said fenwike & further to act and use all or any forceable act or acts as the Experiency of the tyme shall offer to yo" Judgements wth all giving and hereby Granting to you and every of you and every Respective Souldier under you full power in Case of Resist- ance or p'senting any gunn or guns to yor detriment : to fyre uppon him the sd fenwike or any others soo prsenting or In- tending to shoote, and if Incase hee the sª fenwike or any others resisting shall happen to bee killed, you and every of you shall bee hereby absoluthly and freely discharged and held Innocent as being done in pursuant of the Dukes
37
RECORDS OF THE COURT OF NEW CASTLE.
Lievetennis order and of us by his honors order Recom- mended.
Given under or hands att New Castle in delowarr this 8th day of decembr 1676.
(Signed) John Colier John Moll Will Tom foppe outhout Jean Paul Jacquet
His Honors Governor Ed : Andross' Letter to the Commandr & Justices of New Castle In answer to their Letter sent 8th of November 1676 :
Gentlemen :
I : have Received your Letters of the 8th (by the post ex- presse sent hither) wth several other papers and wrytings Re- lating unto Mayor John Fenwikes actings on the East syde of delowarr River, by his granting Pattents for land, and Refus- ing to obey my speciall warrant &c as also touching your more perticular affayres ; whereuppon haveing taken advyce of my Councell, I have thought fitt (itt importing his mayties service and the good & quiett of those parts & Inhabitants, That Mayor John Fenwike bee sent hither wth the first con- venience : and if there bee occasion that the Commander & you the Magistrates doe use force for seizing uppon & send- ing him.
And there being no Lawfull authority for his giving forth Pattents for Land, those sent hither are nott to bee Returned bake for the p"sent, butt the p"sons who have paid their monnys for them may have their remedy at Law against the prson that gave them before hee departe out of Custodie.
As for Jean Paull Jacquet, who hath beene disposests ; of some land on the East side of deloware River, of wch hee was in possession att the last Comming in of the English Gov- ernmt : he is to bee Reposest, and you are to take order about itt & if occasion the Commander is to assist therein.
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RECORDS OF THE COURT OF NEW CASTLE.
To the Comander and Court of New Castle in delowarre. In answer to yor Proposalls, one of his Royall Highnesse Law bookes shall bee sent you by the first opportunity.
The Inhabitants of the Towne of New Castle (And wth in a mile thereof ) Are to keepe watch, but none to bee oblidged to come to itt further ; as to the proposalls about souldiers to bee sent for itt, the same shall be taken into further Con- cideracon.
For a Publicq Seale, care will bee taken against the next Yeare; In the meane tyme you are to make use of yor owne seale, as is usuall for Justices of the Peace Everywhere : You may cause a prison to bee built in ye forth & the Sherrife is to bee Responsable for prisoners, For the allowance or fees you are to be directed by the Law booke (with regard to former custome and practice. I : do Confirme the order made aboutt killing of Wolves, for the prsent yeare & till further order. As to fynes I: doe grant them to the Court for the Jeare Currant, and for the twoo Yeares Last past (Since the English Governmt) to bee applyed for Publicq uses for the wich the Sherrife and Receiver or Receivers are to bee called to accompt and pay in the same to the Courts order who are to make a Returne to the Governor how disposed of; The Sherrife for his paynes in Collecting or Levying the same to have five shillings in the pound, and for extraordinary Charge, either att New Castle upp the River or into the bay, to bee further allowed by the Courts, as there shall bee cause. And Lykewyse toward the farther defraying of Publicq charges in the Towne of Newcastle, as also upp the River & in the Bay, a Levy allowed to bee made of one penny in the pound uppon every Mans Estate, to bee Taxt by indifferent p'sons thereunto appointed by the Respective Courts, and by the sd Courts to bee disposed of accordingly whereof an ac- compt to be given hither to the Governor.
The former orders prohibiting Sloopes & vessels goeing up the River above New Castle to trade, are to bee duely observed aas heretofore, and cre to bee taken that none goe upp. And
39
RECORDS OF THE COURT OF NEW CASTLE.
a Weighouse is Lykewyse allowed to bee built in the Towne of New Castle, for the wch you are to appoint an officer to bee sworne thereunto.
If the Sasquehannos should aply to you for any thing, you are to use them kindly still as Transiant friends butt for more then that to Refer them to come hither to the Governor where they may expect all further just favor wth dispatch in what they may desire.
The tyme a yeare nott admitting my doing what I : other- wayes would Indeavour I: have nothing to add to y" above for the prsent but that I : shall alwayes bee Reddy to Improve all oppornutyes for ye good of the River and nott doubting yo" Continued Care accordingly.
Remaine : Yor afectionate frind (Signed) E ANDROSS.
New Yorke the 23d of
November 1676.
(The Supperscription was) For the Comander and Court att New Castle :
Copy
Att a Councill held in New Yorke December the 5th 1675.
The letter from Capt" Edmond Cantwell being taken into Concideration Concerning the arrivall of Mr Fenwike and others att delowar wth their prtences.
Resolved That Mr Fenwike haveing no order (wich if hee had, ought to have ben brought first and Recorded here) is nott to bee Received as owner or Proprietor of any Land what- soever in delowar, butt to be used civily paying all dutys as others his Mayties Subjects in those parts, and if hee or any of the p"sons yt come wth him desire Land to the Westward that there bee assigned them fitting proportions, as to others, and due Ruturne made of the Surveigs.
As to any Priviledge or freedom of Custome or traeding on
40
RECORDS OF THE COURT OF NEW CASTLE.
the East shoare, none to bee allowed in any case to yr smallest vessell Boate or přson.
The Magestrates and cheefe officers are to bee very carefull that there bee no abuse Committed on the Easterne Shoare under any prtence whatsoever Contrary to the above.
As to Customes New Castle to pay butt as New Yorke twoo přCento &c butt above the Towne or any other place in the Bay or River except whorekill, to pay the addition of three per Cent as pr Regulacon.
By order of the Governor in Councill. (Signed) Matthias Nicolls Secr".
Att a Court held in the Towne of New Castle on Tuesday the 2nd of Janu : 1676.
Capt. John Colier Commandr Mr John Moll r
Prsent
Mr William Tom Justices
Mr. Gerrett Otto Capt. Ed: Cantwell High Sherrife.
JACOB JOUNG PIt LUCAS EBELL Deft
In Pursuant of an order made the Last Court Roelef Andries the former undersherrife of oppoquenamen appeared and declared that Lucas Ebell did Remaine security for Wil- liam Vandiemen, and that hee could prove the same by suffi- cient witnesses.
The Court ordered the said Roelef to Prove what is above said against the next Court.
HENRY WARD by JOHN }Pit - In an action of debt to ADAMS his attorney the sume of 628 1b of tobb.
LUCAS EBELL Deft
1677 Ap1 18. Execut: The deft not haveing paid the debt Issued out according to former order; The Court ordered Judgemt against deft wth Costs.
41
RECORDS OF THE COURT OF NEW CASTLE.
In an action of debt WILLIAM DERWALL
JOHN ADAMS for his Mast" 1 Plt to the sume of 300 GEORGE MORE Deft gildrs by bill.
Execution Issued out The deft being default and Plt haveing
11th Janu 1676 the last Court Proved his debt ; the Court ordered Judgemt to bee entered against the deft by default according to the sª bill.
AMBROSE BACKER Plt HARMEN JOHNSEN Deft
A non-suite ordered against the Plt by default.
JOHANNES DEHASS PIt ANDRIES SINNECUS Deft
The Plt declares that this deft stood Indebted unto Poull Mounsen the sume of ninety Gilders in wheat, wch sd debt the sª Poull did on the 29th of Janu: 1675 make over unto this Plt who haveing often demanded the same, can not as yett Receive the same hee humbly craves Judgemt wth costs.
Uppon the Deft confessing the debt, The Court ordered Judgemt to be entered against the deft wth Costs.
JOHN OGLE Plt BARENT EGBERKE Deft
Uppon the defts request this action is Continued untill next Court.
JOHN BERCKER Plt This action was by John Tarkinton as attorn: for JAMES BATH Deft the Plt withdrawn
ANTHONY BRYANT Plt JACOB VANDER VEER Deft
- Continued by the Court
WILLIAM SANDFORD Plt 1
HARMEN JOHNSON
SILRANT JOHNSON
Defts both prties Default
JOHN JOHNSON
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RECORDS OF THE COURT OF NEW CASTLE.
VICESSIMUS NETTELSHIP Plt
SYMON GIBSON Deft Suspended
VICESSIMUS NETTELSHIP Plt
SYMON GIBSON Deft Suspended
15 Janu 1676; Execu- Whereas there hath Past heretofore an
tion Issued outt: order against oele Toersen for letting of the Goods wch were under arrest belonging unto Jacobus fabritius, goe out of his hands and whereas Peter de Witt as attorney for Hendrik Aricus hath Requested to the Court that the sd goods; now in the hands of Hendrick Jansen ; might be sould by execution ; etc : The Court ordered that the sd goods wch are now in the hands of sd Hendrick Jansen be- longing unto Jacob fabritius, bee Sould by execution for the Paying of The sd Peter de witt so far forth as the value thereof will extend, and for the Remaining part of the Costs hee the sd Peter dewitt may have his remedy against the sd oele Toersen.
The Constable Samuel Land being authorized (in the absence of the Sherrife) by Justice John Moll for to serve the execution uppon the goods & chattles of Henry Johnson, att the Suite of Mr Will : Tom appearing in Court made a Re- turne, haveing seized Vizt-Twoo Mares and one Coult
Two gunnes 9} Schipple of Malt twoo brewing Tubbs :
The Court Impowered Mr oele Toursen & Mr Robberd Hutchinson to appraize the above sd goods & chattles under execution who were according Sworne in Court :
Mr Robberd Hutchinson brought in Court three woolfes Tungs, Capt Colier declared that hee saw the heads belonging to the sd tunges.
The Court have Impoured the High Sherrife to chuse twoo of the fittest p"sons of the neighbours and sware them, to appraize the goods & Chattels wch the sd Sherrife shall seize
43
RECORDS OF THE COURT OF NEW CASTLE.
on, uppon the execution of John Ogle against Christopher Barnes.
The Court do grant to the High Sherrife for the Regulation of his fees untill further order, so much as Sherriffes at New Yorke usually have allowed them, of wich a coppy is here- under annexed vizt :
Serving a warrant - -. £0:1:8: -
In all
Arrest takeing security
- £0:2:6: £0:5:0
- Returneing ye Warrant £0:0:10
Jury Impauneling a Jury - - £0:2:6
Every Verdict and Judgemt each &0:1:0
Execution Every Execution - £0:5:0 besydes al- lowance in the Law wch is 12ª in ye £
Prsoners § Every dayes Imprizonmt 12ª pr day for dyet. Imprizoning fees 18d.
for every sumons before a Magistrate £0;2:6:
See this deed att Large Recorded in the Records of Con- veigances on fo: 12 Capt Edmond Cantwell and Johannes de Haes Excutors of the Last Will & Testament of Dirk Albertsen of this Towne, deceased this day appeared In Court, and aknowledged & 13. a certaine Conveigance by them sealed & de- livered in the prsence of Capt" John Colier commander & Jus- tice John Moll of a certaine Lott & Peece of Ground wch was Sould by the sd Dirk Aberts" unto hendrik Williams of this Towne: Itt was ordered that the same should bee Recorded.
Whereas his Honor the Governor att a speciall Court held in the Towne of New Castle the 13th & 14th day of May 1675, did order that Highways should bee cleared from Place to place wth in the Precincts of this Governmt and where as Itt is found that there is great necessity for a good Highway be- tweene this Towne & oppoquenemen Creek :
The Court have therefore thought fitt to order that the In- habitants of oppoquenemen Creek, St. Georges Creek and prcincts do wth the first Convenience betweene this and the last day of february next make & cleare a good and Passable High- way twelve foot broad from the sd oppoquenemen to the Red
44
RECORDS OF THE COURT OF NEW CASTLE.
Lyon, and do appoint Mr John Larkinton to bee overseer of the same, who is hereby Impowred to warne all the sd Inhabi- tants that is to say out of every family one to attend the same worke, and in case any one shall Remaine absent and not at- tend att the tyme by the overzeer prfixt To pay ten Gilders for every dayes neglect and do further Require Mª Caspares Herman & Dick Laurens wth the first convenience to find & marke outt the best way, for the Rest to cleare as above.
Rymer Vander Coelen this day acknowledged a certaine Conveigance for the halfe of Certaine Plantation and marish, commonly Called the Hay Makers hoeck unto Peter dewitt Jan Barentsen & Cornelis Jansen, wch was ordered to bee Recorded.
Uppon the Peticon of Walter Rowles John Foster Joseph Aires and John Cooper Shewing that they were com wth their familys into this Governmt wth Intention to settle, desiering the Court to give order and withall a warrant to take upp twoo hundred & fifty acres of Land each family, that is not yett taken upp etc ; The Court do grant the Peticoners their Request, Provided they Conforme themselves in the manner of settling etc : according to his Honor the Governor orders.
The following Warrant was Given to each of the above named prsons :- You are hereby required to Lay out for Walter Rowles on the West side of Delowar River or Bay wth in the Limits of this Court twoo hundred & fifty Acres of Land wth a fitt proportion of Marrish according to the place the Land Lyeth in the sd Land being nott alreddy Granted or taken upp.
You are to make a due Returne of the Surveigh of the quantity of the acres & Scituation of the place to this Court wtbin the space of three months for to bee sent to N : Yorke in order that a Pattent maybe had, and In so doing this shall bee yor warrant :
45
RECORDS OF THE COURT OF NEW CASTLE.
To Capt Edmond Cantwell
Surveigor in Delowar :
or his Deputy :
Where as his Honor the Governor att a speciall Court held in the Town of New Castle the 13 & 14th of May 1675 did order the makeing of Highwayes from Place to place and itt being found necessary that a good Passable Highway bee cleared from this Towne to meet those of oppoquenemen at the Red Lyon.
The Court have therefore thought fitt to order that the In- habitants of this Towne, of Swanwike, Craine hoeck and all those living on the South syde of Christina Creeke do wth the first convenience betweene this and the Last of februery next make & clear a good and Passable Highway twelve foot broad the same to begin at this Towne of New Castle, and end att the place Called the Red Lyon; And appoint for overzeers vizt : M' Johannes de Haes to bee over the Towne People and is to Cleare from this Towne to the furthermost Branch of the Beverdams, Mª Hendrik Williams to be overzeer of the Inhab- itants of Swanwike & Crainehoek, and are to Cleare from the sd Branch of the beverdams, a Myle Past M' Tom's Run & Mr John Ogle to bee Overzeer of the Rest of the Inhabitants on this syde of Cristina, and are to begin their Clearing att the place where M' Williams Leaves of & so continue to the Red Lyon above sd-Wch sd Overzeers are hereby Impowred to send the Constable & warne each of them all his sd men, that is to say, out of every family one to come & attend att the day prfixt by each of the sd overzeers, and for every mans neglect who shall be warned, the Court has Imposed a fine of ten Gilders pr diem ; The Court further Requiring Mr Caspares Herman and Dirke Williams also to find & Marke out the best way for the Rest to Cleare as above.
(Coppy)
Att a speciall Cort held by the Governor att New Castle in Deloware River the 13th & 14th dayes of May 1675 Itt was ordered as followeth
46
RECORDS OF THE COURT OF NEW CASTLE.
That the Church or place of meeting for Divine worship in this Towne & the affaires thereunto belonging be Regulated by the Court herein as orderly & decent manner as may bee
That the Place for meeting att Craine Creek do continue ; as heretofore. That the Church at Tinnecum Island do serve for uppland and Parts adjacent. And whereas there is no Church or place of meeting higher upp the River then the sª Island, for the Greater ease & Convenience of the Inhab- itants there, Its ordered that the magestrats of uppland do cause a church or place of meeting for that Purpose to be built at wickegkoo, the wch to bee for the Inhabitants of Passayunk & so upwards. The sd Court being empowred to Raize a Tax for itts Building, & to agree uppon a competent maintainance for their minister, of all wich they are to give an acct to the next Generall Court, and they to the Governor for his approbacon.
The Buisnesse of Highwayes being taken into Consideration Itt was ordered ; That some Convenient way bee made pass- able betweene Towne & Towne in this River, The manner of doing itt to be ordered by the Respective Corts and Lykewise the charge : That Capt" Carres Meaddows at the North End of the Towne being Represented to the Court to bee a Gener]] Nusance to this Place & Country as itt now Lyes, there being Neither Bridge nor fitting way to passe by or through it, and that the Towne is in great Straight for want of itt-Itt is ordered that the said Meddow Ground shall bee appraized by Indifferent Prsons and the Towne to have the Refusall, but whosoever shall enjoy itt, shall be obliged to maintaine sufficient Bridges and wayes through the Limits thereof With a Cartway-the appraizers two prsons appointed by the magestrats of this Place & twoo more by the Court of upland, The Appraizement to be Returned into the next Court held in this Towne : As to the small peece of low Ground or swamp on the south side of the Towne, Itt being in Like manner Represented as a nusance, Itt is ordered to bee Ditched wth in one month in order to itts Drayning by the owners if any ;
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