USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 8
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Thomas Woolaston Sworne declares that going wth his War- rant to search the house of Symon Gibson and being there Mr Morse Came in and the deponant searching of a barrell in the house he found a Coate wch hee pulled out and shewing itt to Mr Morse asked him if that was his, Whoe Looking uppon it answered yes. Whereuppon the deponant tooke the Coat and said to Symon Gibson yt by vertue of his warrant bee must goe before Mr Moll or some other Justice, whoe Re- plyed I : will not goe before Mr Moll for hee is a foole, and asking to goe before any other Justice hee answered hee would not they were all fooles, then asking if hee would obey the warrant hee said I : know what I : have to doe.
John Carr Deputy Constable sworne, declares, that going with his warrant to search the house of Symon Gibson and being there M' Morse came in and the deponant searching of a barrell in the house hee found a Coate wch hee pulled out and sheweing itt to Mr Morse asked him if that
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RECORDS OF THE COURT OF NEW CASTLE.
John Carr Deputy Constable sworne declares that by vertue of a warrant granted by Mr John Moll to apprehend the boddy of Symon Gibson hee found the doare shut uppon him and demanding him to open itt hee would not whereuppon hee came for another warrt wth power to break open the doare, wch he had and was forced to breake open the doare wch hee did before hee could apprehend the prisoner,
John Dunston aged about 23 Jeares Sworne, declares that Mr Morse about one hower before hee fetched a Warrant to search for his Coasting Coate, desiered Symon Gibson to Lett him or his man Looke for his sd Coate wch the sd Symon Gib- son did refuse saying wth dirty Language neither of them should doe itt, and further Sayeth not.
Roberd Hutchinson aged 27 Jears sworne declares that upon the 14th day of this Instant Symon Gibson Comming att his house told him if hee knew anything of Mr Morse his Coasting Coate where itt was, that hee was best to Let hime haue itt againe for that there would come Trouble of itt but he Replyed hee knew nothing of itt & further sayes not.
John Eaton aged about 21 Jeares sworne declares that about 2 months agon his mastr Thomas Morse haueing occasion to make use of his Coasting Coate could not find the same, Came to ye house of Symon Gibson and asked him if his sª Coate, was there, who made answer No. Whereuppon M' Morse did Reply well Symon did I not Leaue my Coasting Coate here when Capt" Colier his man brought itt here Jes said Symon but if thou didst thou may have taken itt away sence. go Looke for itt, where you can find itt, since wich tyme the de- ponant att Sundry tymes has heard his sª Mast" Thom : Morse aske the sd Symon Gibson for his sd Coate whoe denyed the same att all tymes saying I know nothing of itt. And fur- ther declares ye deponant that about 3 weekes sence hee came att the house of the sd Symon Gibson Lookeing for his sd Mastrs Cap and feeling wth his hand into a barrell for the sd Cap pulled out one end of his sd Mastrs Coasting Coate then missing, and was then Intending to have told his Mast of itt
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RECORDS OF THE COURT OF NEW CASTLE.
but forgot itt till in the beginning of the Last weeke hee heare- ing his mast" speake of his sª Coate Called himselfe to mind, and told his mastr that hee had seen his said Coasting Coate In the house of the sd Symon Gibson In ye barrell. Mr Morse made answer Simon Gibson is now out of the Towne but as soone as he comes in Towne I : will demand my Coate of him againe as I have often done alreddy but Received uncivill Languadge wth denyalls, but if he will not lett me have Coate by fayre meanes I : will search his house for knowes I : have had my Coate Cryed and given him sufficient warning : uppon the 16th day of this Instant the same day when a warrant for searching of the sd Coate was Issued out, the deponant went by order of his mast" to ye house of the sd Symon Gibson In- deavoring if hee could pursuade him by faire meanes to deliver upp the Coasting Coate, asked Symon Gibson to Look for itt or that he would give him Leave to Looke but Received for answer that hee was a son of a whore and his Mast" was another, and that none of them should Search his house, said alsoe if ye Coate bee here or wheresoever itt is Let yor Mast" Looke for itt for hee Shall have none here, and further sayeth not.
Rebecca Spry aged about 40 Jeares sworne declares that shee hath heard John Eaten M' Thom : Morse's his Servant say that his mast" had lost his Coasting Coat & that hee had asked Symon Gibson several tymes for itt whoe did deny the same Jet that hee knew that the sd Coate was in the house of the sd Symon Gibson for hee had seen itt there but that hee as yett had not told his mastr of itt but was Resolved to tell itt his mastr if the sd Symon Gibson should not deliver itt bake uppon his owne accord & further sayeth not :
Sworne before mee this 20th day of July 1677.
(Signed) JOHN MOLL.
Att a Court held In ye Towne of New Castle on Teusday the 4th day of September aº 1677, and Continued the 5th day.
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RECORDS OF THE COURT OF NEW CASTLE.
Mr John Moll Mr William Tom Mr Fopp outhout Justices
Prsent
Mr Jean Paul Jacquet Mr Gerret otto
The folowing Comissions and orders being Sent from his Honor the Governor were this day publicqly Read in Court :
(LS.)
Edmond Andross Esq" Seigneur of Sausmarez Livett and Govern" Gener" under his Roy" Highnesse James Duke of Yorke and Albany etc. of all his Territories in America.
By virtue of the Authority derived unto mee under his Royal Highnesse I : doe hereby Constitute and appoint you Capt" Christopher Billop to bee Commander in delowar River & Bay. You are therefore to take Care that ye militia in ye severall places bee well armed duly exercised and kept in good order and discipline and ye officers & souldiers therefore are Requiered to obey you as their Comander and yor selfe to observe such orders and directions, as you shall from tyme to tyme Receive from Mee or other superior officers according to the Trust Reposed in you. Given under my hand & Seale in New Yorke this 14th day of August 1677.
(Subscribed) E. ANDROSS.
To Capt" Christopher Billop Past ye office (signed) WIL : NICOLLS Clr
By the Governour
By vertue of the authority derived unto mee under his Roy11 Highnesse, I: doe hereby Constitute and appoint you Capt" Christoph" Billop to bee subcollector of ye Customes of Deloware River; You are therefore Carefully to discharge your duty therein perticularly that nothing bee any wayes imported or Exported but according to acts of parliament, or to make seizure and due prosecution, and if condemmed one
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RECORDS OF THE COURT OF NEW CASTLE.
third to ye Informer one third to yourselfe and one third to ye King and to give an accompt of your proceedings, and observe such orders as you shall from tyme to tyme Receive from ye t' Chief Collect" or other principall officers of ye Cus- tomes here : and superiors : New Castle ye only Port for all entrys & Clearings, and for what you shall lawfully Act or doe in the premises this shall be your sufficient authority & warrant. Given under my hand in New Yorke this 13th of August 1677.
Past the oftice W : NICOLLS CIr.
(Subscribed) E ANDROSS
By the Governour
By vertue of ye Authority derived unto mee under his Roy1 Highnesse I: doe hereby Constitute and appoint you M™ Ephraim Herman to be Clercq of yl permitts Entrys and Clearings for all dutys of Customes in Deloware River for wch Capt" Christopher Billop is subcollector you are therefore Carefully to discharge your duty therein to Enter in a booke and keepe a faire accompt of all things as is usual both in and out as past by said subcollector alsoe to Receive the King or Dukes third of any forfeitures for goods imported or exported contrary to acts of parliament, for wich this shall be your suffient warrant
Actum in New Yorke this 13th day of August 1677. Past ye office (Subscribed)
W. NICOLLS Clr.
E ANDROSS
By the Governour
By vertue of my authority under his Roy11 Highnesse I doe hereby desier & Requier all persons that have or Clayme any Land in delowar River and Bay that they do wth out delay or as soon as conveniently may bee make a Returne to ye Clercq of ye Court in whose Jurisdiction said Land Lyes of such their Land quantity and scituation according to ye surveigs Platts or Cards thereof, and said Courts to make a Returne of the
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RECORDS OF THE COURT OF NEW CASTLE.
whole unto mee and whether seated and Improved that all such wanting Graunts or Pattents may haue them despatched and sent This order to bee published in severall Courts wch to take care therein, and surveigr also to give notice and see itt bee observed where hee shall know or finde the defect.
Actum in New Yorke this 13th day of August 1677.
Past the office (Signed) E ANDROSS
W. NICOLLS Clr.
By the Governour
By vertue of my authority under his Roy" Highnesse I : doe hereby constitute & appoint you Mr Ephraim Herman to bee Receiver of ye quit Rents in delowar River in ye Jurisdic- tion of New Castle and Upland Corts for weh to give due dis- charges and keepe an exact accomt to bee sent here by ye first of may made up to ye 25th of March afore, for wch this shall bee your sufficient warrant, to Continue for ye space of one whole Jeare or till further order. Actum in New Yorke this 13th day of August 1677
Past the office (signed) W. NICOLLS Clr.
(Subscribed) E ANDROSS
The above standing order from the Governor was publisht in Court and a true Coppy thereof in English and dutch fixed up at ye forte Gate in New Castle.
[Referring to the order on preceding page.]
Forte James the 19th of May 1677 Prsent the Governor & whole Councill.
Resolved and ordered that pleading atturneys bee no Longer allowed to practice in ye Government but for ye de- pending Causes.
Copy of order in Councill (Signed) W. NICOLLS Clr.
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RECORDS OF THE COURT OF NEW CASTLE.
New Yorke August ye 14th 1677.
Gentlemen
This is by Capt" Billop whoe goes to Relieve Capt" Colier and to bee Comandr of ye militia and forces in ye River and Bay and to take care as t' Chief officer and accordingly to determine any difference and order Guards & Guard places as occasion & will p'sently for ye outfarmes or plantations in New Castle bounds, hee is also subcollector, and Mr Herman Clercq of ye Customes, I : have also by Mr Ephraim Herman Returned you ye old Records tlie Confusednesse or ill order of wich I can no otherwize Remedy, but that Mr Tom the then Clercq, do forthwith put ye same in order & Wryte or Cause them to bee fayrely coppied in a fitt booke, and attested by him and answer for any defects.
I intende makeing up your Court againe next month ye usuall tyme, when you may alsoe expect one of or Lawebookes.
As to penall bonds or such lyke Cases of Equity itt is the Cus- tome and practise of Corts here to hear and Judge thereof accord- ing to Equity wch you may alsoe observe as allowed by Lawe.
I : find no need of a Gener1 or high Court in yr River Every Court haveing power to make fitting Rates for ye highways, poor, or other necessaries, as is practized in England and un- lesse otherwayes ordered by said Court the Clercq proper to bee Receiver and pay all by order of Court for weh you need no further authority or directions from ye Governor then former orders and Rules for keepeing due accompts to bee Jearly Examined and past in Court and Coppies Remitted here.
You may appoint a Vendu Mast" hee giveing good Security and not to take above six per Cent wch I : shall bee Readdy to Confirm Pray take care and fitting orders for ordinaries, that they bee fitt p"sons duly Lycenced and well provided according to Lawe and that none Else bee admitted to Retayle Wich is all at prsent from
(The superscription was) To the Justices of ye Cort of New Castle in delowar Att New Castle.
Yor aftectionate friend E ANDROSS
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RECORDS OF THE COURT OF NEW CASTLE.
By the Governour
Uppon information and Complaint that owners of a Certain mill standing on a Creeke in Christina Kill in delowar River [are] debarred from Cutting wood for ye Repairacon thereof by ye partees owning ye Land on Each side of ye said Creeke.
These are to give notice and order that ye persons to whome ye said mill belongs bee no Wayes hindered but are to have free Liberty to cut wood for said use upon any land not in fence according to Lawe.
Actum in New Yorke this 14th day of August 1677.
Past ye office
W. NICOLLS Clr.
E ANDROSS
WALTER WHARTON Plt
WILLIAM GRANT Deft
The Plt declares against the deft for that the sd deft stands Indebted unto him for ye Resurveigh of ye defts halfe of 500 acres in Copartnership with Robbart Morton in the Jeare 1676 : The quantity of 400 Ib of Tobbacco, for weh he desiers Judgemt wth ye Costs.
The Court haveing heard ye debates of both partees did order that the deft pay for the Resurveigh of 250 acres & costs.
JOHN SIERICX Pit JOHN TARKINTON Deft
The Plt complaynes against the deft that this deft out of a malicious Ivell Intent wth out any ye Least Case about ye 7th of Aprill Last past, did Challenge this Plt to fight wth him in ye field wth his Rapier, allegeing in his sd Challenge that otherwise hee should not be Sattisfyed etc. The plt desiering that ye deft might bee bound to his good behavior and bee further punnisht according to Lawe. The deft aknowl- edged what was declared against him, and threw himselfe uppon ye mercy of ye Court declareing to be sorry for what hee had done desiering that it might be Remitted.
The Worpp"] Cort Finding that ye plt was willing to forgive 8
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RECORDS OF THE COURT OF NEW CASTLE.
ye deft said offence did Lykewyse Remit ye same and doe Con- demne ye deft in a fyne of one hundred Gilders, and he to pay all Costs of suit.
By the Governour
Uppon the Request of hans Pietersen concerning severall Judgements of ye Cort of New Castle & upland in delowar in a Case betweene ye said Pietersen & Dº Laurentius Carolus Concerning a Certaine mare : The Jury though Composed in part of ye same p"sons yett brought in Severall verdicts. The Cort haueing given different Judgemt accordingly, and it not appearing by any Testamonys what mare was in difference I : doe therefore hereby order that the Executions in ye sd matter bee Suspended and a full accompt of all said proceedings in both Coeris bee forthwith sent mee.
Actum in New Yorke 28th July 1677.
(Signed)
To the Courts of New Castle E ANDROSS
& Upland and all officers in delowar Whome it may Concerne.
JOHN TEST PIt THO : MORSE Deft
The Plt haveing prooved his accompt of fourthy nine Gilders by oath and the defts attorney Thom : Spry haueing nothing to object Judgemt was ordered against deft for ye sª 49 gilders wth Costs of suit.
Uppon the Peticon of Mary Manning Complayning that Jeremy farringhton had deluded her from the house of Sara Thomas in sevorn makeing her beleeve hee had a good estate att St Maries, and telling ye Peticon" hee would carry hur there & marry hur butt all that prooved a meere t' cheat and Instead of that the sd farrington carried ye Peticon" upp here to oppoquenemen, calling hur by the way his wyfe etc. The peticon" therefore desiered this Cort to Cleare hur from ye threats and future scandall of ye sª prson.
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RECORDS OF THE COURT OF NEW CASTLE.
The Cort haueing heard the debates of both partees, did find that the sd Mary Manning was not Ingaged in marriage to ye said Jeremy farrington, and therefore Cleared the sd Mary of ye same, and the sª Mary swareing ye peace against the sª Jeremy that shee was in danger of hur Lyfe threu the threats of him the sd Jeremy. The Cort ordered the deft to give secur- ity and bee of ye good behaiuor, or Els the Sherrife was or- dered to take him into Custodie.
SIBRANT JANSEN Plt In an action of Defamation.
HANS PETERSON Deft
The Plt declares as pr declaration yt the deft hath taxed ye plt in ye face of the open Court that hee had sworne a false oath etc.
The Deft sayes that the plt hath formerly sworne a false oath about ye killing of Mr Toms horses by hendrik Jansen ye Brother of Sibrant Jansen. The Court threw this action out of Cort finding itt a vexaious sute.
JACOB VAN DER VEER PIt
HANS PETERSON Deft
The Plt declares that this deft unjustly claimes a Certaine peece of marrish or meddow Lying Just before this plts Land being Surveiged by th Surveigor and hee haueing obtained a pattent Lykewyse for ye same, as also that this deft hath marked this plts woodland Just as if itt had ben done by a Surveigor so that there are now twoo Markes in ye woods : desiers that the deft may be ordered not to medle wth ye sd meddows & to put out ye markes in ye woods. The deft hans Peterson desiers that ye Plt may proove his declaration pro- duces his Pattent of ye 14th of Novembr 1668, and sayes that hee has no more land or marish then his Pattent Containes wch is ye Elder pattent. The pit produces his Pattent beareing date 24th of March 1668, as also a Mapp of ye surveig made by Mr Wharton. The Court haueing heard the debates of both partees and haueing Lykewyse Seen the diffinition wch
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RECORDS OF THE COURT OF NEW CASTLE.
Mr Wharton gaue of ye premisses In Controvercy did order that the Plt shall haue his Land & ye Marrish adjoyning to ye sd Land according to ye Late surveigh of Mr Walter Wharton.
EDWARD WILLIAMS attorn : -
for GEO : WELLS 1 Plt Deft J
1
JOHN TARKINTON
In an action of debt to ye sume of 1927 Ib of Tobb : uppon a Judgemt obtaind agst sª Tarkington in Maryland.
Thomas Spry as attorney for the deft apeared in Court, and Confessed Judgement for ye sª sume of 1927 Ib of Tobbacco wth Costs and produced a Warrant of Attorney for his soe doing.
ROBERD MORTON PIt JOHN ANDERSON Deft
The Plt Complaines against ye deft that the deft in ye month of March last past tooke in his possession one mare & Coult wch ye Plt then Received of ye wyfe of Justa Anderson wth a punctuall promiss that yor deft would deliver if Living ye sd mare & Coult well broken into ye possession of ye plt or his order the sd Mare & Coult in ye Towne of New Castle the next Cort wch was in Aprill last past the sd defendt makeing a punc- tuall agreement for ye sume of sixty gilders in good pay & two sciple of Rey to fodder the said mare & Coult & deliver hur safe in the Towne wth ye Coult, now yor Plt haveing paid in hand part of ye pay & haveing often demanded the sd mare & Coult according to agreement The deft hath not as yet brought in ye sª mare & Coult but Contrary to his agreement still Re- fuses to Looke for & bring hur in to the great Losse & dam- adge of yor plt Wherefore the plt Prays that he may have an order agst the deft for to bring in ye sd mare & Coult according to Contract wth Costs.
The defts Reply that the mare is not in their hands but is Run into the Woods, neither doe they know whether ye mare
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RECORDS OF THE COURT OF NEW CASTLE.
bee dead or alyve and that they were to stand no hazard of ye sª mare.
Severall wittnesses being sworne in Cort and alledged that there were yet more Witnesses on both sydes. The Court suspended the determination of this action untill ye next Cort and then the other wittnesses to apeare.
The Cort adjorned untill tomorrow being ye 5 of Sep- tembr at 8 of ye Clocq.
Uppon the Peticon of Symon Gibson desiering to haue an order for his going to New Yorke wth ye first Sloope etc : The Court ordered yt the High Sherrife should send ye Peticon" and prizoner wth the first sloope to New Yorke directing him to ye Custodie of the Sherrife of New Yorke.
JOHANNES DE HAES Plt
GEORGE OLDFIELD Deft
The Plt declares that whereas the sd Deft by his order to his servant Thomas Stretton as under his owne hand to ye sd Thomas apeares did comand his sa servant to demand of Mr Augustine herman the sayles and rigging of a Certaine Siallop belonging to ye Plt wch hee the sd Augustine had in his pos- session wch hee delivered and the sd Thomas by order as above in or about ye 20th of ye month of November Last Past did take into his Custodie and possession the said siallop wth the sayles and Rigging in p"suance of the said order and after- ward (to witt) ye one and twentieth of November as above did to his owne use and behoofe convert the sª Siallop, shee being att ye time of ye takeing ye proper goods & chattles of ye Plt, and tooke the said siallop out of ye place where this plt had Layed hur Shee being in a secure harbour in a Creeke in Bohemia River, wthout this plts Consent privacy or knowledge, and makeing use of hur wthout ye plis order as above the sd siallop was by his Carelessness & badnesse of whether staved in peeces so as shee is utterly disabled & spoyled for any fur- ther service to ye damage of ye plt the sume of Three Thousand pounds of Tobbacco & thereuppon hee brings his suit etc.
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RECORDS OF THE COURT OF NEW CASTLE.
The deft defaults but his Bayle & attorney Thomas Spry apearing desiered a Refference untill ye next Cort and is will- ing Incase the deft Mr Oldfield shall not then appeare to suffer Judgemt to passe against him.
The Court allowed of the sd Thomas Spry's proffer, and ordered a Continuance of this action accordingly.
JOHN ENGLISH by Plt
CASPARES HERMAN
JONAS ARSKIN Deft
The Plt demands of deft twoo Joung beasts, ye one thereof a heaffer of a year & a halfe old and ye other a bull of ye same age, wth foure bukeskins as by ye defts bill beareing date 23 of June 1676 : appears wch sd bill was by the sd Jo English assigned ouer into ye sª Caspares in ye prsence of Justice Jo Moll & Geo : Oldfield, desiers Judgemt agst the deft wth Costs.
Thomas Spry the Attorney & Bayle of the deft desiers a Continuance till next Cort. The Court find the debt Just ordered Judgement to bee Entered against the deft according to ye sd bill wth Costs.
JACOB JOUNG Plt
JOHN TARKINTON Deft
the 18th of Sept" 1677 John Tarkinton appearing in Court
Execut: was Issued aknowledged & Confessed Judgement to out. Mr Jacob Joung for fyve hundred Ib of Tobb : & Costs Itt being Concerning ye horse by the deft used and spoyled wth Carrying Corne etc : att oppequenemen.
JACOB JOUNG PIt JOHN HEYLAND Deft
4th Octobr 1677 Ex- The deft still Remaining default notwith- ecution Issued out
standing Thomas Spry Certifyed to ye Cort agst ye attached Cat- tle of ye deft that hee had given the sª deft notice of the Last order of this Court : The Court there- fore ordered Judgement to bee enterred against the deft by default according to ye order of the Last Cort.
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RECORDS OF THE COURT OF NEW CASTLE.
The Cort appointed for appraizers of the attached Cattle of John heyland Mr Peter Alrichs and Mr Walter Wharton.
Mr John Moll absented himselfe from ye Bench att ye make- ing of ye following twoo orders.
The Cort (uppon ye Request of Capt" Edmond Cantwell attorney for Capt" Mathias Nicolls have appointed Mr Peter alrichs & Mr Walter Wharton appraizers to apraize ye Estate of the Late Vendu Mast" M" William Tom, for the Judgemt : & execution by ye sd Cantwell obtained agst the sª Mr Tom to the sume of 1320 gilders.
Upon the motion of Mr William Tom the Late Vendu mast" desiering that the Court would bee pleased to give him power to Resayle the house and Lott of Capt Car bought in vendu by Mr Henry Ward, The sd Mr Ward fayling of pay- ment, according to ye conditions of ye vendu. The Cort doe Impower the sd Mr Tom to put ye sd house to a new or second sale according to ye Conditions of ye sd vendu.
John Edmonds delivering In Cort a peticon shewing that hee had formerly in the tyme of Collon" Lovelace in ye Jeare 1673 taken up a p"cell of Land Lying and being in a Creek Called hespan or Racoon Creeke on ye West syde of delowar Bay Cont: by estimation 800 acres as by Certificate under the hand of Mr Wharton then surveigor Gener1] May appear, but before hee the Peticoner could then seat the Land he was obstructed by the comming of the dutch, but as soon as ye River was surrendered over again to his Magtie ye Peticoner wth a grant from from Capt" Cantwell seated ye land wth in one yeare wth three hands and hath ever sence kept possession: Now the peticon" haveing been threatened by some p"sons now dead, and to avoyd the Lyke for the future hee humbly prayes hee may have from yor Worpps an order for a new Surveigh of ye sd Land etc.
The Cort haveing examined the Case doe find that the
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RECORDS OF THE COURT OF NEW CASTLE.
Peticon" Mr Edmonds was the first as had ye Land Surveiged in ye Tyme of Collonell Lovelace in ye month of May 1673, by the then surveigor M' Wharton : and sence approved of by Capta Cantwell in June 1675 whoe alsoe had promissed to procure a pattent upon ye sd first surveigh ; and doe alsoe find that one William Simson & partner by surruptitious- nesse have sence obtained a pattent from his honor ye Governor for the same web sd Simson and partner are now both dead wthout Leaveing any heir, and further that the sª Simson etc. twoo Jeare before their decease did give posses- sion of ye sd Land to the sd Mr Edmonds whoe Continues in possession and hath a plantation uppon ye same : Doe there- fore order yt this sd Land bee Resurveiged and yt Mr Edmonds aply himselfe to the Governor to obtaine a pattent, and that hee desier his honor that the former Pattent to Will : simson & partner May bee disannulled upon Record. The sd Mr Edmonds promissing in Cort to make an addition of servants proportionable to ye quantity of Land according to ye Gover- nors orders.
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