USA > Delaware > New Castle County > New Castle > Records of the court of New Castle on Delaware 1676-1681 > Part 9
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JOH : D'HAES & EPH : HERMAN Ex-
ecutors of ye Last Will and Testamt
Plt
of MART: ROSEMOND decd
JOHN EDMONDS Deft
The Plt demands of the deft ye quantity of 500 Ib of Tob- bacco by ye deft Received of one henry Allenson, as by the note under the def's hand produced in Cort apears. The deft ownes ye receipt but desiers to haue the bill of the sd Allisson.
The Court ordered Judgemt to bee entered agst the deft for ye sª 500 1b of Tobbacco and that ye plt deliver unto ye deft ye bill of the sª Allisson.
JUSTICE JOHN MOLL PIt
GEORGE OLDFIELD Deft
The Plt demands of ye deft The sume of one Thousand foure hundered Eighty and nine Ib of Tobbacco & Caske to bee paid
121
RECORDS OF THE COURT OF NEW CASTLE.
upon all demands after ye 10th of octobr Last past at ye plan- tation of ye deft in Elke River as by ye defts bill under his hand & seale bearing date ye 8th of July 1676 appeared, de- siers Judgemt wth Costs. The deft Remaining default but Thomas Spry as his attorney & Bayle apearing desiered Respit that the Execution might not Issue out against him as ye Bayle of ye deft before the next Court.
The Court ordered Judgement to bee Entered against the deft for the sd 1489 Ib of Tobb : wth Costs.
JOHN MOLL Pl GEORGE OLDFIELD Deft
The Plt demands of ye deft the Sume of one thousand seven hundered ninety and seven Ib of good and merchandable Tobbacco and Caske payable upon all demands att ye defts plantation in Elke River, as by the defts bill bearing date the 7th of October 1676. and produced in Court did apeare. The deft Remaining absent but Thomas Spry as his attorney & Bayle appearing desiered Respit that Execution might not Issue out against him as ye Bayle before Next Court.
The Cort ordered Judgemt to bee Entered against the deft for the sd 1797 Ib of Tobb : according to bill wth Costs.
WILLIAM TOM Pit In an action of debt to ye sume JOHN BROADBORNE Deft S of 200 gilders.
Thomas Spry attorney for deft apearing in Court and aknowledging the debt : Judgemt was ordered agst the deft for the sª 200 gilders wth Costs. Thomas Spry attorney as abovesd promisses to pay M' Will : Tom the 200 gilders abovesd & t' charges for ye sd Jo Brodborne, out of ye bill of harmen Jansen now in his hands.
THOMAS SPRY Plt - In an action of debt by acct. to HARMEN JOHNSON Deft S ye sume of 64 gilders.
The deft alledging that hee had paid ye plt sundry things uppon his acct ordered that the deft att ye next Court bring in his Contra acct and if not Judgement to passe agst ye deft.
122
RECORDS OF THE COURT OF NEW CASTLE.
JUST : JEAN P : JACQUET Plt
LACE WAY & SAM : PIETERS Defts
The difference being about land and meddow and the moweing of the hay, The Cort thought fitt before they would proceed further therein to Refer the buisnesse to ye surveigor Mr Wharton whoe is desiered to view and examin ye prmisses in Controversy and to make a Returne of ye same to the Court.
GERRITT VAN SWEERINGEN Plt JOHN BROWNING administrator of ye ! Deft Estate of JOHN GILBERT decd
The plt by John Moll his attorney Complains that John Gilbert decd is indebted unto ye Plt by account sworne unto ye 20th day of June 1676 before William Calvert Esq' one of ye Lord Baltimore his prive Councell in Maryland the sume of three hundered and nineteen Ib of Tobbacco : wch sd sume of 319 Ib of Tobbacco has been often demanded from ye sd ad- ministrators in Maryland, by and for the sd John Moll but has still denied the payment of ye same ; the Plt therefore de- siers an order for ye same wth Costs and that a certaine attach- ment Laid by the sd Moll upon a pair of Mill stones In ye hands of Capt" Cantwell may stand in force and serve in part payment of ye same.
The Cort did order Judgemt to bee entered agst ye deft for ye sd sume of 319 Ib of Tobbacco, and that ye Attachment : upon ye sª Mill stones should stand good ordering for appraizers Mr Peter Alrich & Mr Walt Wharton.
DIRCK WILLIAMS Plt CATTALYNTIE SANDERS Deft
The Cort haveing Examined this Case found no cause of action, and ordered a non suit agst the plt accordingly.
Uppon the Peticon of John Carr desiering to bee admitted administrator upon ye estate of henry Stanbrooke decd : The Cort answer if ye Peticon" proove to bee ye Greatest Creditor (as alledged) then to bee admitted administrator : The Court
123
RECORDS OF THE COURT OF NEW CASTLE.
Concidering that itt would bee for more benefitt of ye Estate of Henry Stanbrooke deceased. Therefore ordered that sd Estate should bee sould by open vendu or outcry.
Upon the Peticon of Joseph houlding shewing that one John Cooper dying in the month of Aprill last at his house where the sd John Cooper was a border stands Indebted unto him ye Peticon" the sume of seven hundered ninety and five Ib of tobb : for dyet and for funeral Charges as pr his acct produced & sworne unto in Cort apeared, desiering yt what few things the sª Cooper (being nothing but halfe worne Cloaths and an old Chest) hath Left behind, may bee ordered by ye Cort to bee disposed of by yr peticon" for the payment of ye sd sume as far as they will amount.
The Cort ordered that Justice Gerret otto shall cause ye goods to be apraised, and that the Peticone" shall be paid so far forth as ye goods will Reach.
Upon the Peticon of Johannes de haes etc about ye differ- ence of the Pasture between Mistris Blocq and ye Peticon", desiering that the sd buisnesse may bee ended according to his honor the Governor's order, etc. Whereuppon they produce the Governors order bearing date ye 27th of July 1677.
The Cort haueing considered yt Plt & deft hath been before ye Governor & seen no other Papers then what had been before ye Governor alreddy would not prsume to give their Judgement to yt weh had apeared before ye Governor as before. But Capt Cantwell desiering that it might bee determined by a Jury, Mistris Blocq Refused the same.
Upon the Peticon of sibrant Johnson desiering that the Cort would bee pleased to discharge him of his good behauior and apearance from Court to Court promising to behaue him- selfe for ye future Civilly, The Cort did grant the Peticon" his Request hee behaueing himselfe Civilly as promised.
124
RECORDS OF THE COURT OF NEW CASTLE.
ROBBERD HUTHINSON Plt
Deft Action of debt PHILIP HUGGAN
THOMAS SPRY Pit Action of debt
PHILIP HUGGAN Deft
EPH : HERMAN PIt PHILIP HUGGAN Deft -
Action of debt
The Cort ordered doctor Spry whoe has ye booke of what ye sd Phil. Huggan earned, to post and state the sd booke against the next Court and then to bring the ballance to Court, as when the Court will give further order therein.
Whereas itt was Represented to ye Court that twoo of the Children of Mathias Eskelse deceased as yet in minority, had no overzeer or guardian Left over them to take care of them the sd orpants and to save their patrimony from being em- bazeled. The Court have therefore this day appointed oele Toersen to take Care and bee guardian of one of the sd orpants named Symon Matthias and aged 7 Jears : and Mists Mary Blocq to bee the guardian over the other orphant named Johannes Mathiass aged fourteen Jears : further putting the sd orphants unto the sd Guardians untill they Come to bee twenty one Jears of age : during wch Tyme the sª Guardians to maintain them : Wch they engaged to doe.
The Clercq Eph : Herman delivering in Court ye old or former Records sent wth him from New Yorke by his henor ye Governor The Court ordered ye said Clercq to deliver the same to Mr William Tom according to ye Governor order.
The Court haveing taken into Concideration the absolute necessity of a vendu master into this Jurisdiction according to ye Governors order do order Mr Ephraim Herman to execute in ye same place and to Receive the fees by his honor allowed.
The Court allotted this day To all subpoened Wittnesses whylst they attend ye Court fyve gilders per day.
The Court have this day apointed Mr Walter Rowles Con-
125
RECORDS OF THE COURT OF NEW CASTLE.
stable for and during the space of one whole Jeare, his Limits or bounds to bee from ye south side of St georges Creeke, to Bompties hoek Including opoquenemen Blackbird Creeke and all betweene ye sd St Georges Creeke and Brompties hoeck aforesaid.
You are hereby Requiered to take a true & exact List of all the Tydables wth in yor bounds and the same to bring att ye next Court to bee held In New Castle for ye doing of wch this shall bee yª warrant.
Given under my hand In New Castle this 6th of September 1677.
To M' Walter Rowles
(Signed)
Constable of
JOHN MOLL
Oppoquenemen.
Itt was this day by the Court Resolved & ordered that the severall Constables of this Corts Jurisdiction should take Lists of all the Tydable prsons, wth in their Jurisdiction and that warrants should be sent them accordingly.
STEPHEN JURIANSS
Plt Deft
The deft being ab- sent a Continua-
MAYOR JO FENWIKE
tion was granted
LACE HENDRICX
Plt
Continued
MAYOR FENWIKE
Deft
MATHIAS BERTELSS
PIt - Continued
MAYOR FENWIKE
Deft
SAMUEL HEDGE
Plt
Continued
MAYOR JO FENWIKE
Deft [
JOHN ADAMS
Plt - Continued by the Cort
MAYOR FENWIKE
Deft
RICHARD GUY
Plt Continued by the
SAMUEL HEDGE
Deft J Cort
126
RECORDS OF THE COURT OF NEW CASTLE.
JOHN ADAMS for his Mast" WILL : DERVALL
Plt - Continued
DIRK ALBERTSE deceased
Deft
JOHN TARKINTON Plt Withd : by Plt in
JOHN BROADES
Deft S Court
JOHN BROWNING administrator of Jº Gilbert deceased
Plt Withd : partees agreede
JOHN OGLE
Deft
GEO : MORE
JACOB JOUNG
Deft
no declarat: being entered a non
HENRY WARD
Deft
suit was ordered agst Plt
ROBERD WILLIAMS attorney for THOM : TAYLOR
Pit -
Withdrawn by
JAMES CRAWFORD
Deft
Thos : Spry ye Plts attorney
JOHN BRODBORNE CLAES DANIELLS
Plt
Withdrawn by
Deft -
Tho : Spry Plts attorney
JOHN BRODBORNE
Plt
Withdrawn by
HARMEN JOHNSON
Deft
Tho : Spry Pits attorney
THOMAS SPRY
Plt
1 Withdrawn by ye
HARMEN JOHNSON
Deft 1 Plt
PETER JEGOU JOHN BRADBORNE
Plt
Withdrawn by
Deft -
Tho: Spry attor- ney for ye Plt
JOHN MOLL JAMES CRAWFORD
Pit Withdrawn by
Deft Mr Moll
Plt Continued by Plts consent
WILLIAM TOM
Plt
-
127
RECORDS OF THE COURT OF NEW CASTLE.
THO : HARRIS administrator of WILL : WEBBER deceased
Plt
-
Withdrawn by John Mathew ye Plts attorney
THOMAS SPRY
JOHN OGLE
Deft S
JOHN OGLE
Plt Withdrawn by
THOMAS SPRY
Deft 5 Plt
JOHN BROADBORNE
Plt
JOHN TARKINTON
Deft
Withdrawn by Tho: Spry the Plts attorney
WILLIAM BUTTLER JOHN STREET
Plt Withdrawn by
Deft S · Plt
JOHN STREET
WILLIAM BUTTLER
Plt Withdrawn by Deft S Plt
DITTO
Plt
DITTO
Deft f
1 Withdrawn by the Plt
MATHEUS DE RINGH
Plt
This action was by ye Plt with- drawn out of this Court
HENRY JOHNSON ye husband- of ye late wyfe & Executor of Collon" NATH : UTY de- ceased
Deft
In an action of debt ye sume of 13000 1b of Tobb:
Thomas Dodwell of Cohansy Creeke apeared in the office this 6th of Septembr 1677: and desiered to have the Eare marke of his Cattle & hoghs Recorded wch was vizt a crop and slitt in ye right eare and a swallow forke in ye Left eare.
You are hereby in his Mayties name Required to take a true & exact List of all the Tydable prsons from 16 to 60
THOMAS SPRY Deft
Plt 1 Withdrawn by Plt
128
RECORDS OF THE COURT OF NEW CASTLE.
Jeares of adge wth in yor bounds, wch is all ye South side of Cresteena Creeke and so downward to the southsyde of St. Georges Creeke Including all the Inhabitants betweene the twoo Creekes and the same to bring att ye next Court to bee held In New Castle on ye first Teusday of ye month of Octobr next. for the doing of wch this shall bee yoer warrant.
Given under my hand In New Castle this 18th of Sept 1677.
To Mr Sam : Land. Constable of N. Castle
(Signed) JOHN MOLL.
You are Required in his Mayties name to take a true & Exact List of all the Tydable Prsons from 16 to 60 Jeares of adge wth in your bounds, wch is all ye northsyde of Cresteena Creeke up as far as ye boght Creeke above oele franssene house, and ye names of ye sd Tydables to bring in att ye next Court to bee held In New Castle on ye first Teusday of ye month of October next for ye doing of wch this shall bee yr warrant.
Given under my hand In New Castle this 18th of Septembr 1677.
(Signed)
To M' Charles Ramsey
JOHN MOLL.
Constable in Cristeena.
Att a Spetiall Court Called by Capt" Xtopher Billop in New Castle this 26th day of Septembraº 1677.
Mr John Moll Mr William Tom Justices
Prsent
Mr Fopp outhout
Capt" Edm : Cantwell High Sherrife
There being no Comittment for ye prsoner francis Jackson (for whoes Case the Court was Called) after debates, The Court did not Judge ye verball Comittment Lawfull wch Capt Billop had done of his owne authority, hee not haueing a Comission for ye same, nor acquainted any magistrat there-
129
RECORDS OF THE COURT OF NEW CASTLE.
withall : Capt" Billop makes answer that hee thinkes hee hath power to Comitt any man to prison etc.
The Court nothwthstanding no Commitment, after Capt" Billop had submitted to ye Cort in that perticular, Did proceed to examin the Buisnesse in hand, Capt" Billop delivering In Court a declaration in Wryting, vizt :
Capt" Xtopher Billop Commandr of New Castle upon delo- war, declares that upon Monday Last one francis Jackson being att ye fort of New Castle aforesaid, did after hee had done most part of his worke send for drinke and was verry disturbative to Capt" Billop and others wch were then in the sª forte by singing and makeing a noyse. The sª Capt" Billop went down to ye sd francis, and did Civilly Intreat him to be quiet and not to make such a noyse, hee returned ye sd Capt" Billop affrontive Language, wch Capt" Billop tooke Little notice of but againe desiered him to bee more Civill and soe went up staires, hee p"sisting in the sd disturbance, ye sd Capt" Billop went down to him ye second time & endeverred by all good wordes to p"suade him to bee gon, and hee the sª francis Jackson did call him son of a whoor and son of a bitch wth other affrontive & scurrelus Language, Capt" Billop still tooke no notice of his Scurroulus words but went upstairs the second tyme, hee quarreling wth all people there tending to a riot, the sd Capt" Billop went down the third tyme and told him if he would not be quiet hee would take a Course to make him, he Returning verry ill Language and Lifting his hand to strike att and Swearing (By God) he would fight mee, ye sª Capt" Billop put him into ye Stokes, wch were not verry strong he endeavoured to breake them, takeing him out to put him into prison Capt" Billop standing wth in reach of his arme, hee catched hold of liis haire, and pulled him after him, Capt" Billop haueing a Key in his hand gave him a knock on ye forehead to make him Loose his hold, hee seeing ye bloud come did againe [catch] Capt" Billop by ye hair and gaue him three or four severe stroakes wth his fist on the head & face, after wch ye sd Capt" Billop caused him to bee
9
130
RECORDS OF THE COURT OF NEW CASTLE.
putt in ye hold, hee still p'sisting in his sd Rudenesse, raeve- ing and Calling ye sd Capt" Billop many ugly names, soe Capt" Billop Left him Raeveing as abovesd In witnesse of ye aforesd allegations the sd Capt" Billop hath hereunto set his hand this 26th of September 1677.
(Signed) CHRIST : BILLOP.
The Prisoner francis Jackson haueing heard his accusations Read and also what the hereafter written witnesses did de- clare, made answer that hee did not owne or disowne ye fact. But Left and and Referred it wholy to ye Censure of ye Court.
The Court haueing taken the business into Consideracon doe condemne ye prisoner to bee whipt twenty and one Lashes att ye next Court to bee held in this Towne of New Castle on ye first Teusday of the month of October next and in ye mean- tyme to Remaine a prizoner in Close prison.
Capt" John Colier haueing heard ye accusation of Capt Billop agst francis Jackson read in Court, did afirme ye same to bee thruth. Richard hinton sworne in Court declares that hee ye deponant was in ye forte and did heare fran : Jackson singing & makeing a noyse & Capt" Billop going downe to him desiered him severall tymes to bee quiett & to goe home if he had done his worke & the sd francis haueing a bottle of beare or other Licqor in his hand, asked Capt" Billop if hee would drinke whoe seemed to bee willing on condition hee would bee gone but ye sª francis afterwards Lauwfing and Jearing at ye sª Capt" Billop, hee asked ye second tyme whether hee would drinke wth him but Capt" Billop Refused ye same, and ye said francis keeping still in ye same Posture of Lauging & Jearing Capt" Billop Left him & desiered him to bee quiet & to make no noyse, and further Sayeth nott. Samuell Wheeler sworne in Court declares yt Last monday the deponant was in ye forte above staires, and one francis Jackson being below who keep- ing a Lauging & singing, Capt" Billop went downe to him (whome the deponant followed) endeavored to pacify ye sd francis Jackson and to make him quiet, but hee not being
131
RECORDS OF THE COURT OF NEW CASTLE.
quiet Capt" Billop came downe the second tyme : but ye sd Jackson not as yet keeping quiet, Capt" Billop threatened to putt him in ye stokes, and ye said Jackson Remayning in ye same Posture of singing & keeping a noyse Capt Billop came downe the third tyme, and then put him in ye stokes, but before hee was put in hee called Captr Billop ill names vizt son of a whoore, son of a bitts, Rascall and ye Lyke, and when ye sd Capt" went to Lett Jackson out of ye stokes againe, hee pulled Capt" Billop by ye haire and so ye deponant threw ye sd Jack- son bakwards into ye prison hole, where ye deponant Left ye sd Jackson in a great Radge: and further sayeth nott. Claes Daniells sworne in Court declares that Last monday hee was att worke in ye forte, and did see Capt" Billop come downe from abovestairs severall tymes & ye deponant heard ye sd Capt™ Billop speake to one francis Jackson, who was singing and keeping a noyse below, to bee quiet, & att Last ye sd Capt" Billop Comanded the deponant from his worke to putt the sd Jackson into the stokes ; whoe when hee was put in makeing such a great noyse and Endeavoring to breake ye stokes, Capt : Billop Comanded ye deponant to help to take him out of ye stokes againe and to put him into the Prizon hole, but before hee came to the hole or dungeon hee took Capt" Billop by a Loke of his haire and Capt" Billop thereuppon wth a key wch he had in his hand strooke the sd francis on ye forehead for to make him Let goe his hould, and afterwards, the deponant did see the sd francis strike Capt" Billop againe two or three tymes and so wth the help of Samuel Wheeler, got ye sd Jack- son into ye prison hole, and further sayeth not.
Evert Brantie sworn in Court declares in substance ye same as is declared before by ye other wittnesses.
Symon Gibson ye Carpender brougt in Court an accompt for worke done to ye forte amounting to 141b 68 3ª of wch ye Court have allowed him Elleven pound seventeen shill : 3 pence to bee paid according to ye Governors Instructions & orders.
Att a Court held in the Towne of New Castle Begun on
132
RECORDS OF THE COURT OF NEW CASTLE.
Tuesday the 2nd day of October and Continued ye 3rd of sd month 1677.
Mr John Moll 1
Prsent
Mr William Tom
Justices
Mr Jean P. Jacquet
Mª Gerret otto
Capt" Edmond Cantwell High Sherrife.
By the Governor
Whereas I have and doe hereby, by vertue of ye Authority derived unto mee under his Royall Highnesse, appoint you Mr Walter Wharton to be surveigor in delowar Bay and River I doe hereby consent to allow and authorize his Receiving for Surveiging of every fifty acres and under ten shillings, above fifty acres and under one hundered twenty shillings, above one hundered acres and under a hundered and fifty, therthy shill- ings, and so proportionabley for any greater quantity, and no more, giving to ye p"sons for whome any Lands shall bee so sur- veiged a survey platt or Card of said Lands, and to make due Returnes of ye same into ye Office of Records, said persons also to finde boate or horse or allow itt, and other Travelling fitt- ing Charges of ye Surveigor. All Lands to bee Carefully Laid out from ye Watersyde if itt may bee, or so as not to hinder any, or bee prejuditial to adjacent Lands, and to Lay out fitt- ing highways or Convenient Roades.
Given under my hand in New Yorke this 14th day of Au- gust 1677.
Past ye office
(Signed) E ANDROSS.
W. NICOLLS Clk.
Mr Walter Wharton delivered in Court his Commission from his honor the Governor to bee Surveigor, wch being Read in Court was ordered to bee Recorded.
Capt" Xtopher Billop (in ye behalfe of his most Excellent Maytie) subcollector in delowar Complaines ag-st Mr Edmond gibbon Merchant that hee the sd Gibbon on ye 13th of ye month
133
RECORDS OF THE COURT OF NEW CASTLE.
of september 1677 did Contrary to ye Regulacons and orders of ye Governmt Carry up this River of Delowar above ye Towne of New Castle in ye Sloope of Dirk smith, wthout Entring or haueing paid the 3 pr. Cto Custome for ye same therteen yards of broad Cloath and twenty twoo and a halfe yards of duffills wch sd goods being by ye sª sub-Collector found in ye sª sloope as above, were by him seized att uppland and afterward brought downe to this Towne of New Castle were they still remaine.
The said Sub Collector therefore in ye behalfe of his mayties abovesd, desiers that the sd goods as haueing been Carried up Contrary to orders and Regulations wth an Intent of defraud- ing ye dutys, and wthout entring, may therefore be condemned to the use as in such Cases is practicable.
names of ye Jury
Tho : harwood
Wm hamelton
John Adams
Peter Alrich
Jos : Cheu
gysbert dirks
Ralph hutchinson
Rob : Morton
James William
Doctor Thom : Spry attorney for ye sd Mr Edmond Gibbon pleads that the sd Mr Gibbon did not Intend to put ye goods to sale in this River, but had left them on board wth a Charge to dirk Smit to Carry them bake to New Yorke, and produces the sd Masters Testimony. The sd doctor Spry being willing to Joyne Issue, and desiering a Jury a Jury was Impanneled accord- ingly, whoe being sworne and after they had heard ye debates, went out
Geo : More
Peter Jegou John Ogle and brought in their verdict wch was vizt The Cause depending in this Court Betweene his Maytie and Edmond Gibbon, wee doe find for ye Plt.
The Court ordered Judgemt to bee entered according to verdict.
Upon ye Peticon of Mr Henry Ward Concerning the Records of Mr William Tom the former Clercq. In his action agst Joyce Cossin etc. The Court ordered M' Tom ye former Clercq to give ye Petitioner a Coppy of ye proceedings wch were for-
134
RECORDS OF THE COURT OF NEW CASTLE.
merly in ye sd action, and that hee alsoe Give the originall bill from ye fy. . (yet in his hands) to ye prsent Clerk Eph: herman; whoe is to give a copy of ye sd originall bill of sd Joyce, unto ye peticoner.
ROBERD MORTON PIt JOHN ANDERSON Deft
The Court after they had heard the debates of both partees, and what was sworne by Anna Mary ye Wyfe of Claes daniells Did order that the deft John Anderson shall have one Months tyme to Looke for ye said mare, and to proove whether she be dead or Alyve, and in case ye deft can not prove what is be- come of the mare in that tyme, hee to pay for ye sd mare to ye plt and to bringe ye foale to ye Towne according to agreement.
THOMAS SPRY Plt ] The Plt declared In Court to have HENRY JOHNSON Deft S agreed wth ye deft.
JUSTICE JEAN P. JACQUET Plt LACE WAY & SAM : PIETERSS Deft
This action is Continued by the Court Mr Wharton the Surveigor not haueing made a Returne.
JOHN ADAMS for his Master - WILLIAM DERVALL
Plt The Estate of DIRK ALBERTS decd. Deft
Nothing offering in Court against the plts acct of one thou- sand on hundered fifty nine gilders and ten styvers Zewt The Court ordered Judgement to bee Entered agst ye sd Estate for ye sd sume, wth Costs wth this Condition that what can bee prooved hereafter to have ben paid more then for what the acct gives credit the same to be allowed by the Plt.
STEPHEN JURIANS Plt The Plt declared in Court to MAYOR FENWIKE Deft have agreed wth the deft.
LACE HENDRIKS Plt The Plt declared to have agreed
MAYOR FENWIKE Deft S as above.
135
RECORDS OF THE COURT OF NEW CASTLE.
MATHIAS BERTELSS Plt The Plt declared to have MAYOR FENWIKE
Deft agreed.
RICHARD GUY Plt Both partees default non suit SAM : HEDGE
Deft S agt ye Plt & deft in default.
JOHANNES DE HAES Plt
GEO : OLDFIELD Deft
Thomas Spry attorney and Bayle of Geo : Oldfield agreed in ye prsence of ye Court wth Johannes Dehaes Concerning this action of ye siallop vizt that ye sª oldfield or Spry shall pay or Cause to bee paid unto Johannes dehaes, or his order In some Convenient one place In Cecill County in ye Province of Mary- land, upon all demands after ye 10th of October next the full sume of twoo thousand Ib of good and merchandable Tobbacco and Casks, and doth Ingage to pay all the Costs & Charges of ye Court in Maryland, wch haue acrued by the action of Jo- hannes d' haes agst Thomas Stretton, and also all ye Costs of this Court here. Johannes dehaes uppon the sd agreement withdrew his action. The Court ordered the sd agreement to bee Recorded.
Whereas itt was Represented to ye Court that one John Tarkinton for some time an Inhabitant att oppoquenemen in this Courts Jurisdiction, of Late is Run out of the governmt wth all his family, wth an Intent to defraud his Creditors, as alsoe that the said Tarkinton stands Indebted unto the Court and the Cort officers for their fees due in sundry actions Com- menced by ye sd Tarkinton agst severall prsons in this Court, besydes a fyne of one hundered Gilders wch the sd Tarkinton is alsoe Indebted to ye Court : etc. The Court thought fitt to order That the Courts fees together wth their officers fees (wch according to Law are upon Execution) shall bee first paid out of what effects the sd Tarkington hath Left behinde him and after that the Judgements of Court alreddy granted, and after that the attachments as they come in Course ; and the persons
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