USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 10
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Thurdly that all persons for the future that shall have Grants to take up Land be also Limitted to seat it within one year After the date of the Grant; Else the said Grants to be Voyde & of no Effect;
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SOME RECORDS OF SUSSEX COUNTY.
forthly that you Endeavor to seat the Lands that shall here after be taken up in the way of Townships; As three Thousand Acres Amongst Tenn familys; if single persons one Thousand Acres Amongst Tenn of them; Laid out in the nature of A Long square five or Tenn of a side; And a way of Two hundred foot broad Left Betwene them; for an High way in the Township; this I would have you Carfull in; for the future good and great Benefitt of your Country; Given under my hand & seal at Chester the 25th of 10 mo, 1682.
Signed WM. PENN.
To the Justices of the peace for the County of Sessex.
BY WILLIAM PENN PROPRIETARY & GOVERNOR OF PENSILVANIA & TERRITORYES THEREUNTO BELONGING :-
I doe hereby order and Appoint that befor Any Land be surveyed for any other person; you doe Issue forth A warrant directed to the surveyor or his Deputy; to lay out for the duke of yorke in your County or precints Tenn Thousand Acres of Land for A Mannor; And Tenn Thousand Acres of Land for A Mannor for my selfe And I would have the duks Mannor Lye on the north side of Assn Awarmet Inlett As near to Cape James as may be; And My Mannor to be betwene the Bounds of Cedar Creek & Mispilion Creek or in the most Con- venient place Towards the north side of the County; Given under my hand & seal att Chester the 26th of the 10 mo, 1682.
Signed WM. PENN.
To the Justices of the peace of the County of Sussex.
WM. PENN PROPRIETARY & GOVERNOR OF PENSILVANIA AND TERRITORYES THEREUNTO BELONGING :-
I doe hereby Constitute and Authorise thee William Clark of the Whoor Kills now Called the County of Sussex to be Clark of the Courts of sessions to be holden for the said County; And Register of the said County Also; to Act therein Justly and dilligently According to Law to the best of thy understanding; This Comission to be of force for the space of one year or untill further order; Given under my hand and seal at Chester the 25 day of 10 mo, 1682; In the second year of My Government. Signed WM. PENN.
WM. PENN PROPRIETARY & GOVERNOR OF PENSILVANIA NEW CASTLE ST. JAMES WHORE KILLS ALIAS NEW DEAL
WITH THEIR PROPER LIBERTYS :-
I doe hereby in the Kings name Constitute and Appoint thee John vines to be High Shreiffe of the County of Whore Kill Alls new deal Giveing thee full power & Authority to Act in the said office and Imployment According to the duty of A Sherife; and to make one or more deputy as there may be occation and to receive all the profitts and Advantages which doe or ought to belong unto the said place behaving thy selfe & being Regulated therein in all Respect According to Law; And in so doing all persons whom it may Concerne are hereby Required to bear thee due obedience as belong to a High Shreife in the Execution of thy office; this Comission to be of force for one
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COURT RECORDS.
whole year or untill further order; Given under my hand and seal at New Castle or Dellaware this Eighte day of Novmber one Thousand six hundred Eightye Two. WM. PENN.
To John vines High Sherife of the County of Whore Kills Als New deal.
WM. PENN PROPRIETARY & GOVERNOR OF PENSILVANIA NEW CASTLE
ST JAMES; NEW DEAL ALLIS WHORE KILLS WITH THEIR PROPER LIBERTYS :-
These are in the Kings name to Require and Empower thee to sumon all the free holders within the precincts of thy office to meet on the Twentieth day of this Insint Moneth of Novmber and that there they Elect Chuse out of themselves seaven persons of most note for wisdome sobriety & Integrity to serve as their Deputys & Representatives In General Assembly to be held at upland in the provience of pensilvania the sixt day of December next; and then and there to Consult with me for the Comon Good of the Inhabitents of that provience and the Adjiacent Counties of New Castle St. Jones new deal Als Whore Kills under my Charge & Jurisdition of which make due and Just Returne unto me; Given under my hand and seal this Eighte day of Novmber one Thousand six hundred Eightye Two. WM. PENN.
To John vines High Shreife of the County of Whore Kills Als New deal.
WHORE KILL ALS DEAL, 21th 9 mo, 1682.
PROPRIETARY & GOVERNOR WILLIAM PENN ESQUIRE &C :- In obedience to thy warrant dated the Eighte day of this Insint to me directed; I did sumon all the free holders within this County to meet at this Towne on the Twentieth Insint to Elect and Chuse out of themselves seaven persons of most note for wisdome sobriety & In- tegrity to serve as their deputys & Representatives In Generall As- sembly to be held at upland In the provience of Pensilvania the sixt day of December next; Att which time the free holders did then and there meet; And with A Generall vote they did Elect and Chose the persons; whose names I here Returne unto thee According to thy order; and take Leave to subscribe my selfe thy faithfull ffriend & Humble sert Signed JOHN VINES, Sherife.
Edward Southrin, William Clark, Alexander draper, John Roades, Luke Wattson, Nathaniel Walker, Corn verhoofe.
JANUARY 9th, 10th and 11th, 1682.
Att A Court Held Att Lewis for the County of Sussex By the Kings Authoritye And by Commission from William Penn Proprietary & Governor of Pensilvania And Territoryes there unto belonging the 9th 10th & 11th days of the Eleaventh Moneth 1682. Justices present : William Darvall, Luke Wattson, John Roades, Edward Southrin, Robert Hart, John Kiphaven.
John Bellamey plt, Henry Smith Junr deft. Wittnes danill Brown Hen Straeher Henry Skidmor Will Craford Henry Skidmor Will Clork John Roades. [This case was refered from "the last seaventh Moneth Court," and at this present Court "was Left to A Jurey"] Jurey men Norton Claypoole John Richards Robert Hart Junr William Borne Alexander draper Barnard Garritt Anthony Hancen
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SOME RECORDS OF SUSSEX COUNTY.
Thomas Howard Michall Chambers Stephen Whetman Bryant Rowles Cornelis Johnson.
John Avery Plt, Richard Harvey deft. The suit falls by the death of the Plt whoe departed this Life the 16th day 9 mo, 1682.
William Clark Plt, Jacob Shattham deft. The plt declares that the deft entertayned A servant that he bought of Capt John Osborne of Sumersett County in the provience of Mary [sic] for about six weeks; the deft Confess that the said servant was at his house about that time and that he did work for the deft to the vallow of one hundred pounds of Tobacco; the Court therefor passe Judgment for the plt Agt the deft for the said sume of one hundred pounds of Tobacco with Cost of suit Alias Execution.
Halm Wiltbanck Agt Corn Johnson by way of scarifacous. The said Cornelis Johnson was sumaned to shew Cause if any he Could wherefor he doe not Give the said Halmanias Wiltbanck possession of the Land he Live upon According to An order of Court & ver- dict of A Jurey of Seaven men obtaind in this Court the 8th day of the 1 mo, 1681. The said Cornelis Johnson sheweth Cause by his plea delivered into the Court in writing that he had obtained in this Court a verdict of a Jurey of Twelve men for the said Land and prim- isses According to the Laws of England; and that the verdict of seaven men was and is Contrary to the knowen Laws of England; and that the said Halm Wiltbanck did Appeale from the verdict of the Jurey of Twelve men a for mentcioned; and that After he had Appealed he ought to have prosecuted his said Appeale; And to A [sic] had no further triall for the said Land in this Court; and for the Reasons and Cause A foresaid the deft doe refuse to deliver pos- session of the said Land and primisses; which I Humbly Conceive may be Judged to be sufficent Cause by this Court. The Court doe by Consent of both parties Refere the bussness untill the proprietary Com here and have a hearing of the said Cause and Give his Judgmt therein.
An Action of the Case. John Kurk plt, Halm Wiltbanck deft. The plt declare by his Atturney Edward Southrin that the deft on or about the 17th day of April 1677; did by his deed In writing signed by his own hand & seal oblidg him selfe to give the plt A good Asurance of the Land that Cornelis Johnson Live upon; and also to give the plt Quiett and peaceable possession of the same; the deft pleads that he is unjustly keept out of the possession of the sd Land and primisses and is not in A Cappasety to doe it but that as sone as he Can he will doe it; The Court therefor by the Consent of the plts Atturney and the deft Refere the Cause untill the proprietary Com Heather to hear and detarmine the same [at Court in 12 mo again referred until the proprietary come].
An Action of the Case. William Bottler plt, Henry Stracther deft. With drawen by order of the plt; by Informacon of William Emmitt depty Shriefe.
An Action of Traspasse upon the Case. Michall Chambers plt, Paul Marsh deft; wittnes Will Townsend. The plt declare that sev- erall of his hoggs ware wounded and destroyed by dogs in the defts Corn feild; but the plt not proveing his declaracon and the deft not Confessing it; the Court order an non suit to be entered Agt the plt with Cost of suit Alias Execution.
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COURT RECORDS.
An Action of the Case. Baptis Newcomb Administrator to the goods & Chattls of John Hagester deceased plt, Danill Browne deft; wittnes Will Emmitt. The plt declare that the deft stands Justly Indebted unto the Estate of John Hagester deceased; in five hundred and sixty three pounds of Tobacco; and prove the same to the satisfacon of the Court; the Court therefor passe Judgmt for the plt Agt the deft for the said sume of five hundred sixty three pounds of Tobacco; with Cost of suit Alias Execution.
An Action of the Case. Halm Wiltbanck plt, Agt the Estate of Samwell Jones in the hands of Henry Stracther deft. The plt de- claring Agt Another person then what is in the writt; the Court order An non suit to be entered Agt the plt with Cost of suit Alias Execu- tion.
This day the Last will and Testament of Edwd Boodle deceased was proved in open Court being in writing bearing date the 7th day of December 1682; by the Testamony of William Emmitt and Ste- phen Whetman; to be the Last will and Testament of him the said Edward Boodle; And Letters of Administracon are by the Court Granted unto John Kiphaven and John depree; to Administer and enter upon his Estate Lands Goods and Chattls of the deceased; they giveing security to perform the said will and save the Court Harmless.
This day the Jurey that went upon the death of John the sun of Cornelis Johnson brought their verdict into Court and say that they doe finde that he Came by his death by A dog or beast.
This day the Jurey that went upon the death of Thomas Grimdick deceased brought in their verdict Into Court that they doe finde That the said Thomas Grindick Cam to his death by A fall from his house.
Stephen Whetman peticon the Court and sett forth in his said peticon that he is the princable Craditor of the said Thomas Grimdick deceased; and prays that he may be Admitted to Letters of Ad- ministracon to Administer upon the Estate Lands Goods and Chattls of the said Thomas Grimdyk * * * [which the Court granted].
Upon the peticon of Cornelis Plockhoy the Court Grant unto him the Towne Lott that he live upon in Lewis; and the Lott next Ad- joyning to that; on Condition that he Build A dwelling house on Eche of the said Lotts According to the demencons that the Governor shall order; within one yeare after this Grant; or Else to pay five pounds to the use of the publick for Eche Lott; and Lose his Lotts also.
The Court doe Chose order and Appint William Carter to be Cun- stable for the year ensueing for the Towne of Lewis and to the South side of the broad Creek northwards and to the midway from hence to Rehower to the southward; and John Richards is Chose order Appointed, John Richards to be Cunstable from the north side of the brood Creek to the extent of the County northwards and William footcher is Chose order and Apointed to be Constable for the year ensueing his bound to Extend from midway betwene this Towne and Rehower unto the uttmost of the Extent or bounds of this County Southwards.
The Court order Chose and Appoint John Hill Robert Hart Junr and William Bradford to be survyrs of the High ways and Bridges for the year ensueing and that they doe warne in the Inhabitence of this County to marke Clear and mend the High wayes within this
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SOME RECORDS OF SUSSEX COUNTY.
County; and make and Repair what bridges shall be needfull within this County the said John Hills extents to be from the flat Lands southwards and to the south side of the greene branch of prime hook Creek northwards and the said Robert Hart Extent or bounds to be from the south side of the Greene branch of Prime hook south wards to the three Runs of Mispillon Creeke north wards; And the said William Bradford Extent or bounds to be from the flat lands north wards unto the Extent of the Extent of the County south wards being to Cape James formerly Called Cap hinlopen; and if any person shall Refuse there Labour after being warned thereunto; that they doe return unto the Court the names of all such persons soe Refusing to the end that they may be fined According to Law for such their nedg- lect.
The Court Grant unto John Kiphaven upon his peticon the Towne Lott Adjoyning to that he Live upon to the north ward; on Con- dition that he build A dwelling house on the said Lott within one year Afer this Grant of such demencons as the Governor shall order and direct; or Else to pay five pounds to the use of the publick; and also lose the said Lott.
Upon the peticon of William Darvall the Court Grant unto him three Towne Lotts namely that which his house stands upon and; one upon the north west side of that and the other on the south west side; on Condition * * * [as preceding Grant].
Upon the peticon of Edmond Warner the Court Grant unto him the Two Towne Lotts next Adjoyning unto William Darvall on Con- dition that he build * *
* [as above].
Upon the peticon of Edmond Warner the Court Grant unto him three hundred Acres of Land at one penny ~ Acre Rent to the pro- prietary yearly for ever; on Condition that he seate the said Land within one yeare After this Grant; wart Given out the same day.
Upon the peticon of Edmond Warner the Court Grant unto him the Land of the Cap Comonly Called Cap Inlopen Lyeing on the north East side of the Creeke formerly Called the Whoore Kills; to make Coney Warrin on and Liberty to build A house and seat A War- riner upon the said Land; upon Condiccon that the Timber and feede of the said Land and Marshes thereunto belonging be and for ever here after Lye in Common for the use of the Inhabitents of the Towne of Lewis and County of Sussex; as also free Liberty for any or all of the Inhabitents of the said County to fish Get and take of thence oyster & Cockel shells and gather plums Cranburyes and hockel- bureys on the said Land as they shall think fitt; all ways provided that no person whatso ever shall not hunt or Kill any Rabbotts or harrs on the said Land without the Leave and Consent of him the said Edmond Warner his Executors Adminstrators or Assignes.
Upon the peticon of William Catter* the Court Grant unto him the Towne Lott backward Adjoyning to the Land of Nathanil Walker; and the Lott that he Live upon on Condiccon [ * * * etc., as pre- viously].
The Court upon the peticon of William Trotter Grant unto him the Towne Lott backward Adjoyning to William Carter back Lott; on Condition, etc.
[* This name was originally written Tratter, & the Tr is changed to C.]
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COURT RECORDS.
The Court upon the peticon of John Bellamey Grant unto him the Two Towne Lotts next Adjoyning unto Edmond Warners Lotts; the one of them to be forward and the other backward; on Condiccon, etc.
Upon the peticon of John Hill the Court Grant unto him one Towne Lott on the South East Side of the blind mans Lott; on Condition, etc.
Upon the peticon of William Beverly the Court Grant unto him the Towne Lott that he is building the vessell upon on Condition, etc., & not to dispose of it.
Upon the peticon of Halmanias Wiltbanck the Court Grant unto him the Two Towne Lotts next Ad Joyning to his owne Land on Con- dition, etc.
Upon the peticon of Henry Jones the Court Grant unto him the Two Towne Lotts next Adjoyning unto Halmainas Wiltbanck back Lott; on Condition, etc.
Upon the peticon of Robert Williams the Court Grant unto him one Towne Lott next Adjoyning unto Henry Jones Lotts on Con- dition, etc.
Henry Pedington peticoner, Agt the Estate of William Coudrey in the hands of Will Clark. The peticoner sett forth in his peticon that the said William Coudrey stands Justly Indebted unto him in one Cow and Calfe and A yearling Heffer due to him upon bill being for the Land that John Dickerson is now seated upon for the said William Coudrey; and proved his bill; the Court therefor order that the peticoner be paid the sd Cow Calfe and yearling Heffer out of the said William Coudrey said Land with Cost of suit Alias Execution.
John Richards pitconer [sic] Agt the Estate of William Coudrey in the hands of William Clark.
Georg Cullin peticoner, Agt the Estate of Will Coudrey in the hands of Will Clark.
Robert Hart Junr peticoner, Agt the Estate of Will Condrey in the hands of Will Clark. The peticoner sett forth in and by his peticon yt the said William Coudrey stands Justly Indebted unto him in Two hundred pounds of Tobacco; and one pair of mens shoes and proved the same by his father Testamony; the Court there for order that the peticoner be paid the said Two hundred pounds of Tobacco and one pair of mens shos out of the said William Coudreys Estate with Cost of suit Alias Execution.
Henry Stracther; peticoners & William Carter, Agt the Estate of Will Coudrey in the hands of Will Clark. The peticoners sett forth by their peticon that the said William Coudrey stands Justly In- debted unto him in one Thousand of six penny nails three hundred of single Tenns and in three bottls of rum; and proved the same; the Court therfor order that the peticoners be paid the vallow of the Thousand of six penny nails three hundred of single Tenns and three bottls of rum out of the said William Coudrey Estate with Cost of suit Alias Execution.
Where as the proprietary have wrote to the Justices of this Court therein Exprassing that he think fitt to have an Exact Account sent him of the names of the Masters Mistries Children freemen women & servants that are Resedent within this County Together with the number of Acres of Land Every peticlor person holds or Claimes with
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SOME RECORDS OF SUSSEX COUNTY.
in the said County; The Court doe their for order that every person that Holds or Claimes any Land within this County; That they doe befor the next Court in the Moneth Called ffebuary bring in all their Claimes to the Clark of this Court; wheather it be by patton survey Grant of Court or other wise and the names of the persons that Live upon the said Land.
Upon the peticon of Charles Brighte the Court Grant unto him three hundred Acres of Land; on Condition that he pay one penny Acre yearly as a rent for the sd Land and seat it within one year After this Grant; wart given out same day.
Henry Bowman peticoner, Agt the Estate of William Coudrey in the hands of William Clark. The peticoner sett forth by his peticon that the said William Coudrey stands Justly Indebted unto him in Thurty Two Shill for a Gun and one hundred and fiftye pounds of pork for A shurt and proved the same; the Court therefor order that the peticoner be paid, etc.
John Dickerson peticoner, Agt the Estate of William Coudrey in the hands of William Clark. [The Court there for order that the peticoner be paid].
Simon Parling this day Cam and in open Court Accknowlidged that he have sold unto John Hill & to his heires and Assignes for ever A plantacon with three hundred Acres of Land Lyeing and being secuated on the north west side of the broad Creek Adjoyning unto the Land of Thomas Haward; and that he have recd full satisfacon for the same.
Upon the peticon of Stephen Whetman the Court doe order and Appoint that Edward Southrin and George Young doe Apprize the Lands Goods and Chattls of Thomas Grimdick deceased and that An Inventory their of be brought into the next Court.
John Kiphaven peticoner Agt Baptis Newcomb Administrator of the Estate of John Hagester deceased.
Upon the peticon of John Barker the Court Grant unto him three hundred Acres of Land att one penny + Acre yealy [sic] rent to be paid the proprietary; on Condition that he seat the said Land within one year after this Grant; wart given out the same day.
The Court order and Appoint John Roades Norton Claypoole William footcher and John Depree to Apprize the Estate debts Goods and Chattls of Capt John Avery deceased; and that an Inventory there of be brought Into the next Court.
It is ordered by the Court that the shriefe doe forth with Collect & pay unto William Darvall for the use of his sloop Carriing the burgies up to Chester and back Againe one Thousand pounds of Tobacco; and the Burgies doe Consent by reason that the sloop was hired Cheaper then the said William Darvall Could Aford it that they will pay as followeth out of their owne Estates; Edward Southrin one hundred pounds of Tobacco William Clark Two hundred pounds of Tobacco Luke Wattson Two hundred pounds of Tobacco Alexander Draper one hundred pounds of Tobacco; Nathanil Walker one hun- dred pounds of Tobacco; Cornelis verhoofe Two hundred pounds of Tobacco; and John Vines one hundred pounds of Tobacco.
The Court Grant the Jurey An order for their fees In the Cause that they Try this Court betwene John Bellamey Plt and Henry Smith Junr deft.
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COURT RECORDS.
It was publickly declared in Court this day that there was A plan- tacon house and foure hundred Acres of Land of William Coudrey secuate Lyeing and being on the south East side of Ceeder Creek within this County ne[ar] Adjoyning unto the Land of Alexander draper to be sold in open Court by order of Court and it was also sett up att the Court house door to give notice unto all persons whatsoever of the sale thereof to the End that the said plantacon Land and primisses might be sold to the best and most Advantidge that may be for him the said William Coudrey; it being for the bringing up the Child of the said William Coudrey Begotten upon the body of Sarah Warrin ; and also for the paying his debts that he owes in this Govermt and severall persons haveing beed for the said plantacon Land and pre- misses Coming up to the sume of seaven Thousand pounds of Tobacco which said sume was bed by John Hill; and After that William Dar- vall beed seaven thousand one hundred pounds of Tobacco; After that William Clark did beed seaven Thousand Two hundred pounds of Tobacco; and it being severall times Calld to see if any person would Exceed that price and none would; soe the said William Clark is to have the sd plantacon Land and primisses by order of Court for the sd sume of 7200 ib of Tobacco; And to be Accountable for the sd sume unto him that shall undertake to bring up the Child and the Craditer; the Child is undertaken to be brought up by the said William Clark untill it Attayne unto the Age of one and Twenty years for nineteene hundred pounds of Tobacco.
The Court Adjurnes untill the 13th day of the 12th moneth next ensueing the date hereof.
FEBRUARY 13th, 15th, 1682.
Att A Court Held att Lewis for the County of Sussex by the Kings Authority & by Commisson from William Penn proietary [sic] And Gov- ernor of Pensilvania and the Territoryes thereunto belonging the 13th & 15th days 12 mo, 1682; Justices present: William Darvall, Luke Wattson, John Roades, Edward Southrin, Robert Hart, John Kiphaven.
Halm Wiltbanck Agt Cornelis Johnson by way of searifacous. Last Court The said Cornelis Johnson was sumoned to shew Cause if any he Could wherefor he doe not give the said Halm Wiltbanck possession of the Land and premisses he Live upon. According to An order of Court and verdict of A Jurey of seaven men obtained in this Court the 8th day of the 1th Moneth 1681; The said Cornelis Johnson sheweth Cause by his plea delivered in to Court in writing; That he had obtained in this Court befor that time A verdict of A Jurey of Twelve men for the said Land and primisses According to the Laws of England and that the verdict of seaven men was and is Contrary to the Knowen Laws of England; And that the said Halm Wiltbanck did appeale from the verdict of the Jurey of Twelve men a foremen- tioned; And that after he had Appealed he ought to have prosecuted his said Appeale And so A had no further triall for the said Land in this Court; And for the reasions and Causes A forsaid the deft doe re- fuse to deliver possession of the said Land and primisses; which he Humbly Conceive may be Judged to be sufficent Cause by this Court; The Court doe by the Consent of both parties Referr the bussnes un- till the proprietary Com here and have A hearing of the said Cause and Give his Judgment therin.
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