Records of the court of New Castle on Delaware 1676-1681, Part 30

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 30


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).


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432


RECORDS OF THE COURT OF NEW CASTLE.


of all Costs Charges Losses & damages etc The Defts pleads That they are now in possession of ye Land and haue bought itt from Mayor fenwike, That the permit of John Edmundson is insufficient that Benjamin Nettelship is not prooved the heir of his Brother Vicessimus Nettelshipp, and that Charles Rumsey was not John Dunn. To wch the applt Replyed That ye defts are unlawfully possest of ye Land, That mayor fen- wike had noe Lawfull Right to sell ye same, That Edmunds & mr Tom were ye Lawfull attorneys of mayor fenwike and had sufficient power to grant permits, and moreouer that they ye sd Jo Edmunds & Wm Tom were both actually prsent when Walter Wharton first Layed ,out ye Land, That Benja- min Nettelshipp is sufficiently prooved & allowed to bee the leir of his sd Brother Vicessimus in this Court of New Castle, and that Charles Rumsey had sufficiently made itt appeare att Salem Cort Laest that hee was ye Lawfull assignee of John Dun ; whereupon ye appellt further produced seuerall papers wch being Read and ye Case sufficiently debated, The Jury went out and Returning Brought in their verdict, as followeth vizt Wee find for ye appellt against ye defendants wth all Costs of suite : The Court Doe passe Judgemt according to verdict : From wch abovestanding verdict & Judgemt Thomas Smith desiered to appeale to ye next of Azzizes to bee held in New Yorke in the month of Octobr next, alledging for Reasons That his deeds from Mayor fenwike are att p"sent in East Jer- sey and for that hee thinkes to bee Lawfully possest : wch appeale ye Court doe grant Provyded hee ye sª Thom : Smith Sufficient Security for the prosecution thereof and for all Costs Charges & damadges, according to Lawe; and in Regard ye sd Thomas Smith alledgeth that hee can not give Imediate secu- rity being a strainger herc, The Court therefore upon his Re- quest haue granted him Respit of Tymo untill ye first Teusday in ye month of January next to bring in his security & to performe all things in ye Lawe Required : In defect thereof hee to Loose ye benefitt of ye appeale.


Upon the Request of Jurian Bootsman The Court doe grant


433


RECORDS OF THE COURT OF NEW CASTLE.


him Liberty to make a Resurveig of his Land in Cristina & for that hee hath a great family of Children that therefore heo haue an addition of 200 acres of Land annexed to his prsent Land, if there bee soe mutch found to bee Cleare.


The Cort adjorned till tomorrow att 9 of ye Clocq.


Nov 3ª The Cort sate & were Compleat as before.


Upon the Request of Peter Groenendyck against Mary Blocq about twoo heiffers & 7 sheep formerly made ouer unto him by John Cimbell : The sd mary Blocq Appearing in Court & Consenting to stand tryall wth ye sd Groenendyck about ye same in ye afternoon, The Court doe approove thereof.


Upon the Peticon of Lucas Stiddem the Court doe allowe him 200 acres of Land to take up wthin the precincts of this Court, hee seating & Improoving the same according to Lawe & Regulacons.


Upon the Request of oele fransen markus Lourensen & Neels Neelsen The Court doe grant them to take up ye mar- rish Lying before their Land wch heitherto hath ben by them Improoved for hay it not to Exceed 30 acres.


JOHN MOLL Plt Continued by PIts desire HENDRIK DROOGSTRAET Deft


THOMAS SPRY Pit JUSTA ANDRIES & AELTIE his wyfe Deft


Upon ye pits desire ye defts wyfe being not in a Capacity to apeare ye action is Continued.


THOMAS SPRY & REBECCA his wyfe PIt


JUSTA ANDRIES & AELTIE his wyfe Deft


Continued upon ye pits desire ye deft not being in a Cap- pacity to apeare.


SAMUELL BERCQUER PIt


ABRAM MAN Deft


The deft not apearing and ye Plt pressing for Judgemt Itt is 28


4.34


RECORDS OF THE COURT OF NEW CASTLE.


ordered that this Case bee tryed & fynally Ended att ye next Court and that ye Plt gives notice to ye deft that the Papers of Mr Clarke formerly Expected are now come & yt hee ye deft appears otherwayes Judgemt to passe.


THOMAS SPRY Plt - an attachmt on ye defts corne HENDRIK JANSEN Deft - att Swanwyk.


noe declaration Enterred The Case referred.


RYNIER VANDER COELEN Plt In an action of slaun- WILL : SEMPILL & JOSYN


Deft der & defamation.


his wyfe


before ye declaration was Read the deft alledged that Justice Joh : D'haes was by ye plt summoned as a wittnesse and yt therefore hee could not sit as a magistrate & wthout him noe full Court, whereupon Samuel Land ye undersherrife was sworne & sayeth that hee was wth mr d'haes & had tould him I : haue a summons to summon you, upon wch mr d'haes Re- plyed there are wittnesses anof wthout mee, and that there- upon hce ye sd Samuel Land went away. The Court are of opinion that itt was noe Lawfull summons, and that mr d'haes may sitt as a magistrate notwithstanding yt he was an Ey and Ear wittnesse was prsent att the abuse. Josyn the wyfe of William Sempill in open Court did Terme & call Rynier vander Coelen a man wth twoo fathers a murtherer a Roug and a dogh. Mª Will : Sempill desiers that ye Case may be referred till next Court to ye end hee may bee the better pro- vyded, wch the Cort Grant and doe order that ye Plt & deft bee both & each of them bound in a bond of £40 for their good behavior till then, hee wch first breakes ye peace and afronts ye other shall bee Imediately Imprizoned & pay ye sd 40 pounds.


MARY HODGES Plt In an action of slaunder & defa- ANNETTIE OELAS Deft mation.


The Plt declares that this deft hath slaundered hur in a


435


RECORDS OF THE COURT OF NEW CASTLE.


high nature by falsly saying & divulging that this Plt had Layne wth one Jan Cornelis. .. The deft Denyes itt & sayes to have sayed noe otherwayes but that John Cornelis had tould her that ye Pit had . . . The Case being heard & wittnesses Examined, The Court ordered that the deft shall make pub- licq aknowledgmt in Court that shee has falsly defamed ye plt & pay ye Costs. The deft in Cort made publicq aknowl- edgmt as above.


PETER GROENENDYK Plt


MARY BLOCQ Deft


The Pit by his declaration declares for twoo heiffers or 7 sheepp by John Cimbell made ouer unto ye Pit on ye 3d of Jannuary 1675 wch then were & still are in ye Possession of ye deft & were put there to winter etc: The deft Replyes that ye sd Creaturs were never Lawfully delivered by sd Cimbell unto ye Pit that they had ben in ye possession of ye deft 4 years & then for a debt due to her from sd Cimbell attached & Law- fully Condemned, that shee has had them sence ye sd attachme untill now three years in quiet Possession, and that sd Pit in all that 7 years tyme until now never made any Lawfull de- mand of the same.


Caspares Herman Sworne in Court declareth that for some years past John Cimbell comming from ye whoorekill to this deponants house, sd deponant asked John Cimbell how his affairs stood att ye whoorekill, hee replyed that Peter groenen- dyk had Catched him there but yt hee had now Sattisfyed him. The deponant demanded how hee ye sd Cimbell would sattisfy him, sd Cimbell answered that hee had Left a bill of 2200 Ib of tobb : in ye hands of francis whitwell and sayed that yor depont should haue that : The deponant replyed againe, what if groenendyk should haue attached ye sd bill, John Cim- bell thereupon made answer, what will you not believe me that I : haue paid Groenendyk and thereupon hee produced a paper and sayed this is a discharge from groenendyk and yor deponant Looked and Sawe groenendyks name to ye same


436


RECORDS OF THE COURT OF NEW CASTLE.


paper but did not Read all ye wryting, and ye deponant sayeth further that hee meeting MT Groenendyk a whyle after wthin this Towne of New Castle ye deponant asked about ye sª bill of 2200 Ib of tobbacco and hee answered Jury ye deponant that hee had attached ye Thom : Woollaston bill, att wch ye deponant was somewhat, John walker troubled. Mr Groenendyk replyed there John taylor gisbert Dircks is more then will pay me and ye rest bee for you, and further sayeth nott: The ges : more Reyne V Coelen Gerrit smit Case being referred to a Jury whoe haue- ing heard ye debates of both partees, went out and Returning againe brought in will grant their verdict vizt Wee find for ye Ple Tho : harris against ye deft wth Costs of Suite. The J'ohn Pierce Cort passe Judgemt that ye deft make de- John Anderson livery to ye Plt of twoo heiffers of ye same Rob : morton adge as they were att ye tyme Expiered, wch was in May 1676, and Seven sheep deducting twoo sheep wch were fetched away, ye one by M" Stavely & ye other by Mr Toms order, and ye Plt pay to ye deft for one years wintring of ye sd Creaturs and ye deft to pay yo Costs of this suite.


Ephraim Herman being Commissionated by his honor ye Governor to bee surveigor of this & St Jone's : County, did produce his sª Comission in Court wch was publicqly Read & hereannex recorded.


Sr Edmond Andros Knt Lievt and Governor Gener]] under his Roy" Highnesse James Duke of Yorke and Albany etc : of New Yorke etc in America, Whereas Mr Phil : Pocock Late Surveyor att New Castle & prcincts is Lately deceased, I : doe hereby appoint and authorize you Mr Ephraim Herman to bee Surveyor for ye sd New Castle & p"cinets as alsoe for St Jones dependencies to survey & Lay out Land as a survey" ougt to doe in any place not duely taken up ; and according to such Warrants as you shall from tyme to tyme Receive from my selfe or upon Extraordinary occasions for ye benefitt


437


RECORDS OF THE COURT OF NEW CASTLE.


of ye place to fitt persons as shall apply for ye same, of wch to make due Returnes to ye Secretaries office att New Yorke according to Lawe, and for soe doing this shall be yor war- rant, Given under my hand & Seale att Elizabeth Towne in new Jersey the 12th of June 1680.


Examined by mee MATHIAS NICOLLS secr.


(was signed) E ANDROSS


By the Governor


Being informed of some difference in passing Capt" Cant- well the High Sherrife of Delowar his accounts for his fees for Collecting the assessments amerciaments & fines; There is allowed to ye Petty Constable one shilling to ye high Con- stable 6 pence to ye high Sherrife six pence in all twoo shill- ings per pound according to ye directions in ye Lawe, wch hee is to haue accordingly and noe more, notwithstanding any Greater Latitude formerly Given upon misinformacon, Con- trary to Lawe.


Given under my hand in New York ye 4th day of Octob" 1680.


To ye magestrates of ye Cort' was signed att New Castle in Delowar River E ANDROSS


ordr for ye Sherrifs fees in delowar River JOHN WEST CIT


Att a Councill held in New Yorke the 24th day of sept" 1680. Prsent


The governor & Councell.


Whereas ye daughter in Lawe of Ambros Baker of delowar was Lately killed by a horse, wch is by Lawe forfeited & Ex- cheated to his Maytie & taken into Custodie by ye Sherrife as apears by the Peticon of ye sd Ambros, but noe accompt or further proceedings thereon given by ye Sherrife. Ordered that ye sd hors bee forthwith killed and ye sherrife to haue noe fees in this matter for his neglect therein.


By ordr in Councell (was signed)


JOHN WEST CIT Coun. E. ANDROSS.


438


RECORDS OF THE COURT OF NEW CASTLE.


ANNA JOUNG in the Behalfe of Plt


hur husband JACOB JOUNG


JOHN TAYLOR of Appoquen : Deft


In an action of defamation for saying that Jacob Joung had hired In- dians to kill Christians.


The deft makeing Reply to ye Court saying that what hee had sayed was only by hearsay of John Arnold etc : Ordered that ye deft shall publicqly aknowledge his fault; weh the deft in open Court did saying, hee noe otherwayes but that Jacob Joung is an honest man and noe wayes guilty of any such Crime ; The Court ordered def' to pay Costs of suite.


GABRIELL MINVIELLE by CAPTN


EDMUND CANTWELL his at- Pit 211 Court ye Case Continued.


torney


The Estate of RALPH HUTCHINSON Deft -


Upon a Peticon in ye behalfe of Joseph More prsented The Court doe take of his bannishment & grant him Liberty to dwell in ye County, Provyded hee bee of the Good behavior for one yeare & six weekes & to find Fifty pound security for his performing & Keeping ye same, The afternamed prsons be- carne securitys & bound for sª Joseph more for his good be- hauior for one year & 6 weeks. Each of them for £5 vizt


Capt" Cantwell for £5 Eph : herman for ££5


Casp : Herman 5


John Ogle 5


John Taylor 5


Will : Green 5


John Walker 5


Tho : harris 5


Will : Grant 5


Rob : morton 5


£25 £25


The Court this day did state & make up the acct of ye Estate of doctor John Jordins as followeth vizt.


The Estate of Doctor John Desjardins deceased in New Castle.


439


RECORDS OF THE COURT OF NEW CASTLE.


Cred


1678 To Cl' fees for an ord"


9br 5 about ye papers & Coppy etc . ..... To ditto for an order of Court that ye goods should bee sould by outcry ..


dec 3 for an other order &


fixing up of bills for ye sale of ye Land


5 : By ye Estate of M'


An other order. ....


3 : Tom for ye mort-


Jann 7 Recording ye vendu


1680 5th Mch .


6 :


gage on ye Lott 630 :


f2292 :


To soe mutch pd by Capt" Cantwell to M' Joh: Dehaes .. 783 : 16


By ye 30 foott Lott


Sould in Vendu


To John Moll by John Ogles order


& upon his Judge-


mt 341 : 10


To M' Moll paid . ..


636 :


upon wch is paid by Eph: herman viz


1786 : 6


his Judgemt for 800 Ib of tobb: at sty: f240 :


To ballance due yet in ye hands of ye


vendu mastr. .... 506 : 14


1 Cowe paid by Eph: herman to ye wid- dow of Jordins .. 200 :


f2292 :


84 c of serge paid by Eph: herman to ditto widdow 1680 64 :


Vendu Mra fees. . 27: 5


Sherr: fees 20 :


CI' fees. 29 : 10


Charges . . 1


28 :


-f 580 : 15


To Joh: d'haes upon ye tooles. 311 : 4


To John Ogle upon


his Judgemt . . . 167 : 10


f 506 : 14


Soe that Eph: her- man hath over- paid 49 : 15


The Court ordered Capt" Edm: Cantwell to pay unto doctor Spry out of ye Estate of Walter Wharton deceased, according


gilde


By sundry p'sons for goods sould them in Vendu as pr ye


5 : List heretofore Recorded appears vizt ye Smits tooles .f730 :


5 : ye horse 371 : ye cloths & mede- cins. 561 :


/1662 :


& att p'sent pos- sessed by Eph: Herman wassould for f 540 :


This abovesd ballance is ordered to bee


paid by ye Court as followeth


To John Moll for


440


RECORDS OF THE COURT OF NEW CASTLE.


to a former order of Court ye sume of 262 gilders. ye sd for- mer order bears April ye 2ª 1679.


The Court doe grant unto Doctor Thom : Spry upon his Request, to take up one hundered acres of Land, as an addi- tion to his former Grant of 200 acres ; upon Condition of Set- tlement & Improovement as before is ordered.


This sentence was Exe- Agnieta Hendriks was this day prsented cuted ye 4th of Novr by ye Constable for haueing ye 3d tyme had accordingly.


a Bastard Chyld wthin this County. The Case being Examined, The Court ordered that shee ye sd Agnieta shall be publicqly whipt 31 Lashes & pay the Costs, and doe bannish hur ye sª Agnieta hendriks out of this County for ye space & Terme of fyve years next Ensuing, shee to de- part wthin 3 dayes After punishment received.


Apeared in Court Rodger measure whoe humbly desiered that ye punnishmt of whippin wch by order of this Court of ye 7th of Sept" Laest, hee was to haue might bee remitted Proffer- ing to pay a fyne of fyve pound : The Court did thinke fitt to remitt ye same provyded a fyne of fyve pounds bee to ye use of the Church. Capt" in Court did Ingage to pay ye sd fyve pound for sd Rodger for ye Church use wherewth sd Rodger was dismist.


Mr John Moll this day makes the Court acquainted that hee hath Received of ye fyne of John Brodborne one hundered gilders & noe more ve sª Brodborne being sence dead & his Estate Insolvent : and that hee hathi given the High Sherrife Capt" Edm. Cantwell Credit for ye same.


Upon ye Request of Mr John Moll as being att present Cheefly Intrested, The Court ordered that Doctor Spry & huybert Hendriks shall open ye streets wch by them are att prsent closed up, betweene this & next Court day.


Upon the Request of John Biske, The Court (in Regard that ye Lotts formerly granted him and Isacq Tayne proove soe short, Doe grant, him ye addition of another Lott of 60 foott broad adjoyning to ye other 3 heretofore granted.


The Cort upon ye Peticon of Sybrant Mathiass granted him


441


RECORDS OF THE COURT OF NEW CASTLE.


to take up wthin this County 200 acres of Land upon Condition of settlemt as by Lawe & Regulacon.


The Court adjorned untill ye first Teusday in Jannuary next Ensuing.


Att a Speciall Court called by Robberd Waede & held in ye Towne of New Castle the 9th of december 1680.


Prsent


Mr John Moll Mr Joh : D'haes Justices.


Mr Will : Sempill -


ROBBERD WAEDE


JOHN GRUB &


Pit Defts - In an action of ye Case.


RICHARD BOVINGTON


The Pit by his declaration declares agst these defts for ye nonperformance & breach of a Certayne Indenture bearing date ye 10th of July 1678 and alsoe for nonperformance & breach of a Certayne award of arbitrators & a bond made thereon bearing date ye 8th & 9th dayes of March 1678, and therefore desires that these defts may bee ordered to performe all & Every article of ye sd Indenture & award soe far forth as they are not prformed, and to make good ye damadge sus- tayned throug the nonperformance thereof wth all Costs & Charges. The defts Deny ye Pits declaration and Reply that they haue performed the sd Indenture & award, soe farr forth as itt is nott gaynsayd & cut of by a Collatorall agreemnt made sence by ye Plt defts.


Andrew makluer Sworne in Cort sayeth that John Grub & Rich: Bovington after that they had thrassed ye straw did throw itt upon heapes ouer a fensh & there Lett itt Ly in ye Rayne and after that threw more straw upon itt & that the Cowes haue Trodden itt under foott & further sayeth nott.


John Bales Sayeth ye same as Andrew makleur hereabove.


Anna Pitman Sworne in Court sayeth that shee was prsent at ye house of Robt waede when ye Laest agreemt was made . betweene Robberd Waede & John Grubb & Rich : Bovington,


442


RECORDS OF THE COURT OF NEW CASTLE.


and after sd agreemt was signed, John Grub & Rich : Boving- ton did then demand & Receive of Robberd Waede the 500 gilders mentioned in the award of ye arbitrators & further sayeth nott.


Mr Samuel Land Sworne sayeth ye same as Anna Pittman hereabove.


Albert Hendrix haueing given a deposition & sworne before Mr Moll & being now in Court & askt sayeth ye same as fol- lowth That sometyme in ye month of Aprill Laest past John Grub & Rich : Bovington came to ye deponants house wth a bottle of Rum, and desiered yor Deponant to Clapp a Certayne bull belonging to Robberd waed's stock weh was then there, and ye deponant not knowing any otherwayes but that itt was wth ye sd Robberd waed's knowledge did Klapp the sd bull and after yt done sª Grubb desiered yor deponant not to speake of itt to Rob : waede for sayed hee this will bee as good a trik as that of his Ram whoome I: cutt & hee (meaning Robberd waede) Knownes, not but that hee has still a Ram & further sayeth nott : Thomas Nossiturs deposition taken before Mr Moll ye 2ª of xbr instant was as followeth, That some tyme in ye month of Septembr this declarant came to ye house of Robberd Waede & bougt of John Grub & Rich: Bovington twoo schipples of Rye & whylst hee was cleaning ye same in ye barne Lydia the wyfe of ye said Robberd Waede came & tould John Grub & partner that to sell corne as then was Contrary to their agreement, upon weh they ye said Bovington & Grub Replyed to hur wee haue sent away a boat load wth hancock the other day and doe you not know that, to web shee replyed noe & they made answer againe Yes wee haue done itt, wth more other words weh ye deponant doth not now Remember, and further declares that hee in ye sd month of 7 br did Buy & Receive a Cowe from Richard Bovington wch then was upon Rob : waeds Plantation & further Sayeth nott.


The Court did seuerall tymes demand of ye defts whether they Judged that at ye signing and delivery of ye Laest agree- ment wth Robb : Waede they Intended that the sd Laest agreemt


443


RECORDS OF THE COURT OF NEW CASTLE.


should totally abollish and disannull all the former wrytings that is to say the Indenture & ye award to wch ye defts refused to answer Possitive ye or noe ; The Cort doe Judge the ye sd Indenture & award are both in force soe farr as they are not gaynsayd by ye sª Laest agreement : Michill Izard a wittnesse for ye defts sworne in Cort declareth, that hee was prsent and did hearc Rob : Waede demand a debt of 500 gilders of John Grub & Richard Bovington whoe thereupon - discounted wth him ye sd Robberd Waede ye 500 gildrs allowed them by ye award of ye arbitrators and further that hee was prsent & did heare & see that Rob : Waede did accept of all ye Cattle & utensils Excepting a Cart to bee sett upon ye wheels & a peece of swead fence to bee made, wch now is prformed & further sayeth nott.


Names of ye Jury Mr Will : hamilton Mr Michael Cantwell Mr John Williams Mr hend : Williams Mr Tho : Woollaston Mr John Walker Jr Mr Gisbert dirkss Mr Engelbert Lott Mr Will : Philips Mr John Boeyer Mr hend : V : Burgh Mr Will : Osborne


The defts John Grub & Richard Bovington desiering a Jury Itt was granted and a Jury was Impanneled whoe haueing heard ye Case debated and all ye papers and Evidences Read went out and Returning brougt in their verdict as followeth vizt Wee find for ye defendts. The Court doe allowc of the Jurys verdict.


Ephraim Herman made ye Court acquainted yt hee had perused and Examined ye papers belonging unto francis Hol- land deceased and yt hce found Little of Concernc in them as it apeared to him desiering the Cort to order wt hce ye sd Clarke should further doe wth them as also wth ye papers of Henry Stanbrooke yet in his hands and of small Concerne etc. The Cort doe order & desire him ye sª Clercq to keepe ye sd papers in Custodie untill any boddy Concerned shall come for them or till further order of this Court.


144


RECORDS OF THE COURT OF NEW CASTLE.


The Cort adjorned till first Teusday in ye month of Jannu- ary next.


Att a Court hield in the Towne of New Castle by his mayties authority.


January the 4th & 5th 1689.


Prsent


Mr John Moll Justices. Mr Peter Alrichs Mª Joh : D'haes Mr Will : Sempill Cap" Edm : Cantwell Higli Sherrife.


The following Letter from his Honor the Governor by Capt" Edmund Cantwell was this day publicqly read in Court.


New Yorke december ye 23ª 1680.


Gentlemen


Haueing Received orders & going for England pr next, upon wch sent and ordered a generall Court or meeting of ye Justices to bee here ye 17th past, Excusing yo" selves by reason of ye distance & season of ye yeare, (and now an oportunity & accompt by Capt" Cantwell) this to acquaint you herewith & my designed Leaueing Capt" Brokholls my Lievet. as Laest tyme in Command here without any other alteracon, also that Mr John Lewin a gentleman Sent by his Roy" highnesse is arryved authorized to Inspect the Revenu as pr his Commis- sion of wch I : send you a Coppy to bee observed accordingly and not doubting yor prudence and diligent care in yor stations in all publicq matters for ye Continued welfare Quiet & saefty of yo" parts, I: have only further to Recommend to yor Exami- nacon an accompt of Capt" Cantwells for sundry disbursments on the publicq accompt of the forte & River, and that what shall appeare to bee due you take care the same may bee sat- tisfyed him, wth a Consideracon for his prsent Journey heither. I am


for the Justices & Court Yor Affectionate friend


Att New Castle in E ANDROSS.


Deloware.


445


RECORDS OF THE COURT OF NEW CASTLE.


SAMUELL BERCQR PIt ABRAM MAN Deft


1682 24 Jann: Execu- The Plt by his declaration demands of


tion Issued out upon this deft by a bill of this defts past unto this Judgemt. William Clarke of new Salem ye 20th of february 1677 and sence to wit on ye 12th day of July 1679 assigned ouer unto this plt the ballance thereof being six pound & fower shillings in wheat Rey, Indian Corne & barley att prys Courrant: for weh hee humbly Craues Judgemt wth Costs. The deft pleads that William Clarke is in his debt 5 pounds for funerall Charges of Thomas Greenup, Clarkes Ser- vant etc. The Cort haueing examined ye award formerly made to M' Moll in that case doe find that ye sª 5 pound is included & Ended in ye same, and therefore not due to ye deft, and doe passe Judgement agst the defendt for ye payment of ye sd six pounds & 4 shillings to ye Plt according to ye tennor of ye bond wth Costs.


ABRAM MAN Pit SAMUELL BERCQR Deft


The Plt demands of this deft by accompt the sume of sixty & seven gilders. The deft disownes the acct etc. Jan Num- mersen Constable sworne in Court declares that being the other day wth Mr Man at ye house of Samuell Barcquer, there did heare Mr man demand of sd Samuell Bercquer what hee owed him, whereupon Samuel Barker Replyed & asked what doe I owe you, to wch Mr Man Replyed againe thirteen gild- ers, Samuel Bercquer Replyed noe itt is but Eight gilders & you may haue itt when you will, Mr Man sayed againe you promissed to bring itt to my house to wch ye other sayed againe you may fetch itt when you please. The Cort did thinke fitt to Referre this Case untill next Court day as when ye plt is ordered to bring his booke in Court, to see how ye same agrees wth his accompt.




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