USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 7
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a non suit entered by default
JOHN TARKINTON Deft
In an action of debt WILLIAM DERVALL
JOHN ADAMS for his Master Plt by acct for four-
WILLIAM ORIAN Deft
thy & one gilders & two styvers
The deft aknowledging the debt Judgemt was ordered by Confession.
GEO: MORE Plt Withdrawne by the plt in WALTER WHARTON Deft S Courte.
FRAN : STEEVENS Plt
Withdrawn.
PHILIP HUGGAN Deft
FRANCIS STEEVENS Plt Withdrawne.
PHILLIP HUGGAN Deft
Uppon the Peticon of Mistra Mary Blocq sheweing that John Cimbell stands Indebted by acct the sume of three hundered & fourthy Gilders. besides the bill of 284 gilders : for wch shee desired an order wth Costs: The Court haveing Examined the sd acct and being sattisfyed as to the Justnesse thereof : did order Judgement for the sd 340 Gilders wth Costs: and ordered that the sd Cimbells Cattle & sheepe bee appraized for 1677. 7 of June Exe- the payment of the same; appointing for
cution granted. appraizers John Barentse & John Ogle. Whoe were sworne in Court accordingly.
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RECORDS OF THE COURT OF NEW CASTLE.
JUSTICE JOHN MOLL Plt
WILLIAM ORIAN Deft Withdrawne by the plt.
JOHN LAWE
Plt the Plt default a non suit
WILLIAM ORIAN Deft f ordered
In a Case of Difference betweene George More & Walter Wharton, Concerning the Estate of Thomas Lane deceased ; The Court have appointed Mr Peter Alrichs & Mr Joh : dehaes : whoe are hereby desiered to view & Examin the accompts and other papers betweene them and if possible to decide the difference, otherwyse to t' Chuse a third person as an umpier and to make a Returne of their proceedings att the Next Court day.
Uppon the Peticon of Mistrs Mary Blocq shewing that hur neighbour Pelle Mathias had of Late thrown down part of a midle fence betweene this Peticon" whereby shee is Mutch damnifyed in her hay ground etc. The Court haveing made Inquiery into the Common Custome of the Lyke Cases & neigbours uppon the Lyke subject doe order that the sd Pelle Mathias make forthwith good his sd middle fence according to Custome, and Incase of neglect, to bee liable to make good the damadges thereby sustayned.
Uppon the Peticon of Hendrik Williams Marten Gerritz Peter de witt and Peter Maeslander, desiering a warrand and Liberty for Each of them to take upp 300 Acres of Land etc. The Court doe Grant the peticon's their sd Request and order the Clarke to draw warrants accordingly.
Whereas Lucas Ebell made itt appeare by his acompt pro- duced and prooved in Court : that Claes Carstense deceased stood Justly Indebted unto him att the tyme of his decease, the sume of 441 Ib of Tobbacco & 278 Gilders. The Court order Judgemt to bee Entered Against the sd Estate of Claes Carstenss for the above sd sumes wth Costs.
The Court have this day appointed Cornelis Post to bee viewer & packer of Tobbacco in this Towne and prcincts thereof, whoe was sworne accordingly : for salary hee is to
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RECORDS OF THE COURT OF NEW CASTLE.
have vizt in case he pakes Tobb : wth ye help of an other to hand him 3 gilders & wth out ye helpp 4 gilders pr hhd : and for Receiving one gilder if good & if Refused 10 styvers pr hhd.
Uppon the Peticon of Thom : Dodnell desiering that some pľson might bee appointed to Looke after ye Estate of Vicessi- mus Nettelshipp deceased : and that hee might have his dis- bursmt for provisions paid to him againe etc. The Court answer that they will appoint an administrat".
Uppon the Peticon of Hendrik fransen desiering sattisfac- tion for haveing Lookt after ye Plantation Cattle and Corne of Harm" Johnson. The Court answer that Capt" Cantwell shall Receive and collect the peticonrs due along wth his owne fees.
Uppon The Peticon of Caspares Herman desiering Execu- tion uppon the Judgement obtained the Last Court against Ralph Hutchinson, The sd Ralph Hutchinson not appearing by himselfe or attorney to bring in any prtended proofe, The Court doe allowe the Peticon" his Request and order execution to bee Issued out uppon ye sª Judgement.
Justice Gerret otto This day Shewed in Court a Woolves Toung desiring that the same might bee taken notice of & Recorded.
Hans Peterson of Cristina Kill appearing in Court aknowl- edged a Certain deed of sale beareing date 27 September 1672 : of a Certaine peece of Land Lying in Cristina Kreeke aforesd by him sold unto Andries Juriansen : wch sd deed of sale was written in dutch by Justice Hans Blocq : and is Recorded in the Records of Conveigances etc, on folio : 18.
Rebecca Eghberts Late widdow of Barent Eghberts deceased this day produced In Court the Will & Testament of hur sd deceased husband bearing date ye 20th of October 1674 : de- clareing that the same was his Last Will and Testament : de- siering a Letter of administration accordingly etc. Huybert Hendricx & Thom : Spry witnesses to the sª Will appering in Court declared uppon oath that they were prsent and did see the sd Barent Egberts deceased signe to the sd Will. The Court doe grant unto the sd Rebecca Egberts the adminis-
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RECORDS OF THE COURT OF NEW CASTLE.
tration according to the sd Will Shee Conforming hurselfe according to the Lawes of the governmt and doe order that the sd will bee Recorded.
The Last Will and Testament of Marten Roosemond de- ceased beareing date the 28th of November 1676: being pro- duced in Cort by the Executor thereof Johannes d'haes & Ephraim Herman : The sd Will being examined and twoo of the witnesses to the same viz John hermsen & Barent Gerritz sworne In Court that they did see the sd Will signed sealed and delivered and pronounced by the sd Roosemond. The Court do Give and Grant unto Johannes d'haes & Eph : Her- man full Power to administr uppon the sd Estate of Marten Roosemond deceased, according to the sª Will. They giving security for the prforming of their Trust and order yt the sd Will be Translated and Recorded.
Capt" Edmond Cantwell : desiering of the Court that hee might bee admitted to administer uppon the estate of Claes Carstense of this River deceased whoe dyed Intestate: Tlie Cort doe Give and Grant unto the sd Edmond Cantwell Power to administer uppon the sd Estate of Claes Carstense deceased: hee conforming himselfe in the Execution thereof according to the Lawes of this Governmt, and Giving security for the per- formance of his Trust. Ephraim Herman declared to bee his security for the same.
Whereas Vicessimus Nettleship Late of this Towne Dyed Intestate : and whereas Itt was represented to this Court that itt was necessary : (There appearing none of his kindred) That some fitt prson bee appointed to administer uppon the estate of the sd deceased : and to take Care of his plantation etc. The Court doe therefore Give and Grant unto Ephraim Herman (hee being prooved to bee the greatest Creditor Knowne, to the sª Estate) Power & authority To administer and to bee administrator of the Estate Goods & Chattles of what nature or kind soever heretofore belonging unto the sd Vicessimus Nettelship deceased : giving & granting unto the sª Eph : Herman Power to enter uppon and take Possession
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RECORDS OF THE COURT OF NEW CASTLE.
of the p"misses and dispose thereof as administrator by the Lawes of this governmt are allowed to doe hee Conforming himselfe & giving security for the prforming of his Trust Capt" Edmond Cantwell declared in Cort to bee security for the sd Eph : Herman. The Court have & doe further order the sd Ephraim Herman to keepe the plantation of the sd Cohansik Creeke going, and to find all necessarys for the Vicessimus Nettelship in maintaynance thereof, out of the sd estate : appointing further appraizers of the sª Estate of Vices- simus Nettelshipp ; Mr Peter Alrichs & Mr John Adams.
Whereas Dirck Albertse Late of this Towne of New Castle dyed wthout makeing any formal will in wryting, yet as a nuncupative will did before sufficient Testimony (some short tyme before his decease nominate and appoint Capt" Edm : Cantwell Mr Peter Alrichs & Mr Johannes de Haes to bee his Executors : and the sª Capt" Cantwell, Mr Alrichs & Johannes De Haes makeing application to the Court that they may have Letters of administration uppon the estate of the sd Dirk Albertse The Court doe therefore admitt the sd Edm : Cant- well Peter Alrichs & Johannes De Haes To all Intents and purposes, Administrators of the Estate goods and Chattles of what nature or kind soever heretofore belonging unto the sd Dirk Albertse and the sd Edmond Cantwell Peter Alrichs & Johannes d'haes haue hereby full pouwer and Lawfull author- ity to Enter uppon and take possession of the premisses and dispose thereof as administrators by the Lawes of this Govern- ment are allowed to doe, they Conforming themselves & giv- ing security for the prforming of their Trust according to Lawe.
Capt" John Colier In the behalfe of His Royall Highnes the Duke of Yorke: desiering of the Cort that hee might bee admitted administrator of the Estate goods and Chattles of Francis Barents deceased wthin this Government. The Cort did Grant the sd Captn Colier Power to administr uppon the prmisses according to the Lawes of Government.
The Court adjorned untill the first Teusday of September 7
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RECORDS OF THE COURT OF NEW CASTLE.
next Ensuing : and a meeting of the Justices was appointed to morrow att 8 of the Clocq.
Att a meeting of the Commandr and Justices held in the Towne of New Castle June 8th Aº 1677.
His Honors the Governors answer to the Justices former Letter was Red in Cort vizt :
Copia
An answer to the proposalls of the Court of New Castle in their Letter bearing date february the 8th aº 1676.
None to Watch or Ward in the Towne or fort but sutch as Live in or neare the Towne unlesse ou alarmes or Extra- ordinary occasions. Levys to bee Laid by the Pole as usually, notice being first given of the sume, then a Responsable Tresurer to bee appointed, whoe is to bee accountable and to cleare every yeare.
A Lawe Booke to bee sent by the first Convenience.
The past and next yeares fynes (the sherrifs allowance ex- cepted) granted for publicq Charges so to Lessen the Rate.
The severall Coris may att a Session take proofes & Security & grant administracon of wills but if above twenty pounds to Remit the same here to the Secretarys office to bee Recorded.
The Cort to Recommend one for Vendu-Master who must give security & accompt once a yeare then to bee Recorded. The fees to bee six pr Cento besydes the Cryer and no other Charges.
The Commons to bee Regulated by the Cort as Equally as may bee, alsoo the maintaining yr dykes sluce and fence, till further order.
All prsons in Delowar River or Bay Leaueing the Govermnt to sett up their names, where they live & in New Castle and this Citty according to Custome in these parts. In default thereof and any assisting their departure to bee Lyable to the penalty, and any servant prisoner or Criminall Running away to bee pursued by hue & Cry as is usuall.
The Levy by the Pole in the Severall Jurisdictions answers the next particular as to publicq Charges.
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RECORDS OF THE COURT OF NEW CASTLE.
Liberty is granted for Sloopes etc Going upp the River as formerly for this yeares effects or former Debts.
Fyve Gunnes thirty Hoes and one ancor of Rume the Re- mainder of the pay for the Land att the falls to bee forthwith paid the Indians The Remaining part of ye Land betwixt the old and new Purchaze as also the Island called Peter Alrich or so mutch as is not alreddy purchazed (& yt the Indians will part with) to be bought of them : for wch Capt" Israell helm is to Enquier for the owners, and if they will bee Reason- able to bring them to the Comander & Cort att New Castle for agreeing Concluding & Confirming a bargaine thereof.
Matthias Nicolls Secr (Subscribed)
New Yorke Ap11 ye 6th 1677. E ANDROSS.
The Court haveing perused and deliberated upon the sd Letter of his Honor thought good to wryte the following Letter in answer To his honor the governor.
Right Honorble Governo".
ST : In answer to yo's Honors Letter bearing date 6th of Aprill Last past wee humbly Reply : About the watching,
1st That there is none Lives neare the Towne but swanwike, and Incase they are exempted from watching and warding, most part of the Towne will probably fly theither so to bee free from ye same and t' cheefly those who are no house-keep- ers: so that the strength of the Towne will thereby much decrease : wee therefore humbly Intreat yor Honor to furnish us wth a small number of souldiers to watch ye forte whoe may bee serviceable uppon all occasions to the Commander & Court as formerly itt hath ben allowed of by yor Honors Predecessors : for wee humbly Conceive that there is no keepeing of a forte wth out Souldiers, and that it is better to have no forte than a forte wth out some to keepe it.
2. And whereas yor honor hath ben pleased to admit of a Levy by the Pole, wee find that the same can not be Laid wth out a gener"1 meeting, or high Court of all the Justices once a
100
RECORDS OF THE COURT OF NEW CASTLE.
Jeare, whereof in o' former Letter bearing date the 8th of feb- ruary wee have made mention to yor honor wee therefore humbly desier that his honor will take the same in Concider- ation, and that ye same meeting or gener" Cort may begin in September next, so that those whoe have Long sence disburst their monny for the publicq accompt, may know where to bee Repaied for wth out the same no p"son will for ye future bee willing to disbours for any publicq acct : & if so no Workemen will bee to be had and no publicq worke goe forward : and as for a Treasurer wee appoint Mr John Moll and desier his Honor to nominate the Tresaurers fees.
Wee Lykewyse humbly desier that the sending of the Lawe Booke may not bee forgott : there being great occasion for the same. Wee further Returne his honor humble thanks for the gracious act of granting the fynes for the Lesening the Levy, but wee feare itt will bee verry difficult to Collect unlesse yor honor Resolves to send souldiers to assist the Sherrife in the Execution thereof, the People fyned haveing formely shewed their Mutenus actions.
As to Letters of administration wee shall follow his honors Instructions. For vendu master wee nominate the Clercq Eph: Herman, (but in Regard the Trouble in Collecting of the debts by Reason of the distance of the Peoples Living) wee think that itt would bee Convenient to Raize the salary to above 6 p" Cento. The Dyke and Sluce being by a storm Lately broke and much out of Repair, Capt Colier & Capt" Cantwell have therefore Ingaged the payment for the Re- makeing of the same againe, the Charge thereof amounting to about 800 Gilders : for the Repaying thereof the Court have ordered that the burgers in Gener" bee Called together & that those whoe will pay pro Rato towards itt to have their parts, but those whoe Refuse to Loose their Comonadge. And as to the departing of p"sons wth out a passe wee shall endeavor to observe his Honors order and make the people acquainted therewithiall. As for the Liberty Given to sloopes for the going up the River for Receiveing former debts wee suppose
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RECORDS OF THE COURT OF NEW CASTLE.
they will never bee without that prtence. And about the Indians wee Refer o" selves to what Capt" Colier hath writt to yor honor about the same. So Recommending to the Protex- ion of almighty God Remain Right honobbl Governo" :
New Castle June ye Su 1677
Yor honors most humble Subjects & Servance
(The Superscription was)
To the Right Honorble
The Cort of New Castle
Mayor Edmond Andross
By order of the same
Esqr & Gouern" Genell
Eph : Herman Clarke
Under his Roy" Highnesse Att New Yorke These.
The Court have allotted to the marshall for his fees in watching a prisoner pr diem fyve gilders untill the prison be made upp.
The Cryer of the Court is to have for every Attorney that shall be admitted & sworne in Court twelve Gilders or halfe a bever.
Itt is Resolved and ordered by the Court that all the In- habitants of this Towne doe meet & come together on Sattur- day the 16th of this Instant Month of June in ye afternoone at 2 of the Clocq, att the forte, to give their answers to what shall bee proposed Concerning the fly and Commonaadge of this Towne etc.
By the Commandr & Cort of New Castle. Whereas Itt is found by dayly Experience that the hoghs by their Continuall Rooting doe Mutch damnify & Spoile the fly & Commonadge about this Towne of New Castle. Itt is therefore this day ordered by the Comander & Court abovesd that all hoghs wch shall be found not Ringed wth Ring through their Noses uppon the Commons or in the fly of this Towne of New Castle, after the space of one month after the date hereof; such owner or owners of any hoghs so found as above : shall pay a fine of ten Gilders for Every hogh not Ringed, suckling pighs only Excepted. The sa fyne to be Levyed by distresse : The
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RECORDS OF THE COURT OF NEW CASTLE.
one halfe to bee for the Informer and the other halfe for the King. Of wch all persons are to take notice and Conforme themselves thereunto accordingly.
Att a Spetiall Court held in the Towne of New Castle June the 8th Aº 1677.
Capt" John Colier Mr John Moll r
Comandr
PrSent
Mr William Tom -
Mr Fopp outhout Mr Gerret otto
Justices.
JAMES CRAWFORD Plt ROBART WILLIAMS Deft
The Plt declares for ye sume of thirty eight Gilders as pr acct Produced. The deft desires that the plt may proove his demands, and denys the debt. The debates of both partees being heard severall wittnesses examined, and the deft dis- prooving twoo articles of the Pits acct The Court did find no Cause of action and ordered a nonsuit agst plt wth Costs.
Uppon the Peticon of Doctor John Disardins desiering that an Inventory might bee taken of the goods & Chattles of Isacq Tayne Late of this Towne deceased etc : Itt is ordered that the High Sherrife wth twoo wittnesses shall take an Inven- tory of the goods & Chattles of the sd deceased, and that the son & daughter of the deceased who are now in Possession make oath that they shall bring all to the view of the sd High sherrife.
Att a Court Caled by the Request of Capt" John Colier In New Castle. July ye 12th aº 1677.
Prsent
Mr John Moll Mr William Tom Justices Mr Jean Paull Jacquet
Capt" John Colier Complaynes & sayes that doctor Thom : Spry on the 9th of this Instant month of July in a most
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RECORDS OF THE COURT OF NEW CASTLE.
Shameful & unhandsome way (wth out any Case) hath abused him ye said Colier wth dirty and uncivill Languadge, presum- ing further to strike him the sª Colier wth a Caine uppon the head etc. The sd Capt" Colier Leaueing the matter to the Coert to Inflict sutch punishment uppon the sd Spry for his sd offence as the Cort shall Judge fitt.
Thomas Spry makeing answer sayes not to Remember That hee hath Committed the abovesd offence : by reason that hee was verry mutch overcome wth drinke, desiers forgivenesse for what hee hath done amis.
Whereuppon the wittnesses Johannes de haes and Moses degan being sworne and examined and The humble peticon : of the sd Spry to Capt" Colier being Read, The Cort In Regard of the humble submission of the sd Spry (although the merrit of the fact deserved a more severer punishment) doe order the sª Spry publicqly In Court to Craue pardon and aske forgive- nesse of the sd Capt" Colier for his sd offence, and doe Con- demne the sd Spry In a fyne of twoo hundred Gilders, to bee paid to Capt: Coliers order, together wth Costs.
Thomas Spry in open Cort asked forgivenesse of Capt" Colier for his sd offence Committed, according to the abovesd order. Capt John Colier did thanke the Court for what they had done, and did in open Court Give the abovesd 200 Gilders fyne to Amilius de Ring, The Reader of t' Church.
M' Johannes de' haes sworne in Cort declares that on the 9th of this Instant month of July The deponant was uppon his Cart by his doore and did see doctor Spry stand before Capt" Colier's house, and that Capt" Colier came out of his doore and spoke twoo or three tymes to doctor spry bidding him to bee gone, and the deponant stooping downe, when hee Looked up againe did see doctor Spry and Capt Colier striking one the other wth their Caines or stikes and after Severall Blowes on both sides doctor Spry broke his Caine upon the head of ye sd Capt" Colier, uppon wch Capt" Colier Closed in and Colloring the sd Spry threw him to the Ground Commanding Brantie to bring the sª Spry to prizon.
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RECORDS OF THE COURT OF NEW CASTLE.
Moses d'Gan declares the same In substance as is declared here above by Johannes d'haes.
Att a speciall Court held in the Towne of New Castle the 24th of July aº 1677.
Mr John Moll Mr William Tom
Prsent
Mr Fopp outhout Mr Jean Paul Jacquet
Justices
CAPTN EDMOND CANTWELL High Sherrife in the Behalfe of or PIt Soveraigne Lord The King SYMON GIBSON Deft
Jury Impanelled Mr Hend : Williams
The Plt in ye behalfe aforesaid Mª Wm Semple Mr gisbert direx Indytes the deft for that hee the deft on or about ye 16th day of July Mr John hermsen 1677 ; did by force and .. . detayne Mª Ambros Baker Mr Huybert hendricx Mr gerret Johnson Mr Peter d'Witt from Mr Thomas Morse, one sandy browne Coasting Coate to ye vallue of fyve Ib then in his Custodie, itt being the proper goods & chattles Mr oele Toersen Mr harm. Wessells of the sd Thomas and the same although by him the sd Thomas Mr Jan Boyer Mr Corn : Johnson often demanded yett denyed, and often ye sd Thomas had caused his said Coate as above to be publicqly Cryed by ye publicq Cryer of the Towne of New Castle abovesaid, to bee detayned at ye Perrill of any holding ye same, hath notwithstanding his often demands & after such publication, felloniously and against the forme of severall statues In that Cause made & provided, and ye publicq peace of or said Soveraigne Lord ye King openly publicqly & feloniously detayned & denyed untill such tyme as the above-mentioned Thomas procured a warrant for the searching for the said Coate. In pursuance of
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RECORDS OF THE COURT OF NEW CASTLE.
wch warrant the Coate to ye vallue as above, by search was found in they custodie by the publicq officer, of all wch felonius detencon art thou Guilty or not.
The deft & prizoner pleaded not Guilty & desiered to bee tryed by God & ye Country. Uppon weh severall depositions & Evidences being Read. The t' charge was given to the Jury : whoe brought in their verdict and found symon Gibson Guilty in Concealing of the Coate The vallue of the Coate Eighty Gilders in Contry pay.
The Cort ordered yt the sd prizoner should Remaine in Close prizon untill opportunity prsents to send him to New Yorke.
You Thomas Morse shall owe and aknowledge yor selfe to bee Indebted unto or soueraigne Lord the King in the sume of 20 Ib to bee Levyed uppon yor goods & Chattels Lands and Tennements to prosecute the action now depending betweene or soveraigne Lord the King and one Symon Gibson att the next Cort here to bee held, and then this Recognizance to bee voyd and of none eftect or else to Remaine & bee in full force and Vertue.
The Examination of Thomas Morse Gentl : taken before Justice Will : Tom the 16th day of July 1677.
Imprimus hee sweareth that about ten weekes sence lice missed this same Coasting Coate now found in the house of Symon Gibson, whereuppon hee went to the sd Symon and asked him if hee knew anything of his Coate whoe answered hee did not I : then made answer that I : would not be posi- tive, but I: beleeved I, left my Coate here, whoe againe answered hee knew nothing of itt, uppon such tyme I : tould him that if hee had itt as I beleeved I Left itt in ye house de- liver itt to mee and make noe further trouble for I : will have itt Cryed, and if you or any other p'son hath itt after t's Cryed, bee itt att yor or their perrills, uppon weh hee said doe what you will for I am unconcerned In itt; after that I caused itt to bee Cryed. Some short tyme after the sd Symon Came to mee and said what I heare you will have yor Coat Cryed wheruppon I : said I: have done that alreddy whoe
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RECORDS OF THE COURT OF NEW CASTLE.
Replyed as before hee knew nothing of itt Whereuppon not expecting to heare further of itt I Left the buisnesse for a tyme dormant untill about foure or five dayes since being in Company wth Mr Johnson & others at Ralph Hutchinsons Mr Johnson Complayning hee had Lost a paire of pocket pistolls for wch hee seemed to bee Troubled I : tould him itt was no wonder if anything of so small a bulke should bee Lost, when I had not Long before Lost one of a greater (to witt) a Coasting Coate and John Eaton M" Alrichs servant being by said no yor Coate is not Lost for sence itt was Cryed I : saw it in Symon Gibson his house, Upon wch I went to Symon the verry day and demanded the Coate, wch hee denyed againe whereuppon I tould him I had heard itt was In his house sence the Cry- ing and if occasion was I, would proove by oath, therefore if hee would Let John Eaten or my Selfe Serch, he answered neither hee nor you shall Search nor noeboddy Els In my house, uppon wch I : went to Mr Molls and obtained his war- rant ; but whether the Coate was detayned wilfully or not hee sweareth not.
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