USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 11
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92
SOME RECORDS OF SUSSEX COUNTY.
An Action of the Case. Mathew Scarbrough Plt, Samll Jones Estate In Luke Wattson hands deft; [the Court order an non suit].
An Action of debt. John Hill Plt, Saml Jones Estate in Luke Wattsons hands deft; wittnes Thomas Davids. The Plt declared that the deft stands justly Indebted unto him in three Cows and three Calves by bills which the Plt proved; and the deft goeing out of the County and took no Care to satisfie the Plt; the Plt Caused what Effects the deft have in the said Luke Wattson hands to be Attached ; to the end that the Plt may be satisfied and paid the same with Cost of suit; the deft not Appearing the Court Refer the Cause untill the next Court befor they passe Judgment; [At a Court 14th 6 mo, 1683, refer'd till the after noon; The Court granted Judgment with Execu- tion against the sd Estate with Cost of Suit he giveing Security to ye Court to double the Vallu of this Action that if the Judgment be reverst within a twelve mon. & a day he must answer it.]
An Action of the Case. John Hill Plt, John Smith Estate deft. [Refered untill the next Court.]
Three Actions against "Saml Jones Estate in Henry Stracther hands" being those of John Hill, John Roades and Henry Stracther].
An Action of Trasspasse. Sarah Avrey Plt, Administratrix to Capt Jo Avery deceased, Rich Harvey deft. The Plt not Appearing to present hur suit and the deft Craveing a non suit the Court order an non suit to be entered Agt the Plt with Cost of suit Als Execution.
An Action of the Case. Charles Bright Plt, Cornelis Johnson deft. Wittnes Will Townsend baptis newcomb will Troter & Henry Har- mon. The Plt declare that the deft did Agree with him to make a Crop on his Land and that the plt was to have one thurd part of the Crop; which the deft deney to let the plt have to his damiadg four Thousand pounds of Tobacco and proved that he did proceed in the making of the said Crop; the Court there for passe Judgment for the plt Agt the deft for the one thurd part of the Crop that the plt Can prove was made on the said Land the Last year with Cost of suit Als Exe- cution. Henry Harmon Testafied that he messured thurty three barrells of Indin Corn that was made on the said Land that year.
An Action of the Case. Sarah Avery Administratrix of the Estate of Capt John Avery deceased, William Traford deft. [The Plt not appearing a non suit was ordered by the Court.]
This day Richard Patte Accknowlidge in open Court the sale of foure hundred Twenty one Acres of Land Lyeing on the South East side of the broad Creeke unto Thomas Hall his heires and Assignes for ever for which he Accknowlidg to have Received full satisfacon for the said Land and premisses and Ingage to procure A patton for the same.
The Court upon the peticon of John Roades order him to be paid Twenty Shillings out of the Estate of Thomas Grindik deceased Twenty Shillings being for his fee as Crowner.
Upon the peticon of Henry Bowman the Court Grant him an order to take up soe much Land in the neck betwene Slater Branh [Branch ?] and Ceeder Creeke As it shall Appear he is short of by being Invoysed in in three severall surveys.
This day Andrew Depree Accknowlidg in open Court A patton and Conveyance of foure hundred Acres of Land unto John Depree and to his heircs and Assigncs for ever.
93
COURT RECORDS.
This day John Depree Accknowlidg in open Court the sale of three hundred Acres of Land unto Andrew Depree, etc.
Upon the peticon of Georg Benson the Court Grant unto him three hundred Acres of Land at one penny { Acre yearly on Condicon that he seat the said Land with in one year After this Grant; wart given out the 17th Insint.
Upon the peticon of Thomas Adkinson the Court Grant him three hundred Acres of Land at one penny ? Acre * * * wart given out 17th Insint.
This day David Corsey Accknowlidged in open Court the sale of three hundred Acres of Land that have bene surveyed for him Lyeing Adjoyning to the Land of Thomas Pemberton and Jacob Shattham in the neck Called Winders neck unto John Hill and to his heires and Assignes for ever; and he doe Acknowlidg to have received full satis- facon for the said Land.
This day Richard Bundock Assigned over In open Court unto Norton Claypoole and his Assignes one man servant by name Mathew osborne for three years from the seaventh day of this Moneth; And the said Mathew Consented unto the said Assignment and doe Ingag to serve the said nortton Claypoole and his Assignes the said time of three years on Condition that the said Nortton Claypoole doe save his Land that the said Mathew Have a Grant from this Court for; or sell the said Land to the satisfacon of the said Mathew; the said Mathew is to Allow or sarve for the time that he shall be Imployed in seating the said Land; All ways provided that it is the Custom of Vergina for servants that are Judged in Court to sarve untill they Attayne unto the Age of foure and Twenty years.
This day John oakey Accknowlidg in open Court the sale of three hundred Acres of Land unto John Kiphaven and Alexander Moulston and to their heires and Assignes for ever which said Land Lye betwene the Land of Henry Smith and Samwell Gray and have received full Satisfacon for the same.
This day Richard Bundock proved in Court the Last will and Testament of Richard Shoulter deceased by which said will the said Richard Bundock and Nathaniel Walker are made and appointed Executors of the said will and the Court doe Grant Letter of Admin- istracon unto them Accordingly.
This day William Trotter Accknowlidged in open Court the sale of Nine hundred Acres of Land unto William Clark and to his Heires and Assignes for ever; the said Land Lyeing on the South East side of the Cold Spring Adjoyning unto the Land of the said William Clark Henry Smith Samwell Gray and Michall Chambe[rs]. In the Dockett.
Test. WM. DARVALL.
Harklos Sheepard peticoner. The peticoner sett forth by his peticon that Capt John Avery deceased did befor the peticoner was Joyned in Marridge with Mary the wife of the peticoner and daughter of the said Capt Avery that he would give unto your peticoner with his daughter A Certaine parcell or tract of Land which was Late in the occupacon of Thomas Davids together with the plantacon house and premisses there unto belonging which said Land Lyes Betwene the Land of John Depree and the Land that the widdow Avery now Lives upon; and that the said John Avery did After the said Marridg
94
SOME RECORDS OF SUSSEX COUNTY.
was solmonized Give your peticoner possession of the said Land and premisses; and that he did declare the same when he Lay upon his death bead and proved the same by the Testamony of severall wittnes; the Court takeing the same Into their Consideracon and severall members of the Court haveing themselves hard the said John Avery say that his daughter Mary Should have the said Land; the Court there for passe their Judgment that the Land doe properly belong unto the peticoner and to his heires and assignes for ever.
This Day Bryant Rowle Accknowlidged In open Court A Convey- ance of Two hundred Acres of Land unto Barnwell Garritt and to his heires and assignes for ever And Bartree the wife of the said Bryant Consented unto the same in open Court.
Michall Chambers Accknowlidged in open Court this day the sale of Two hundred & Twenty Acres of Land unto William Trotter and to his Heires and Assignes for ever Lyeing and Adjoyning unto the Land that the said William Trotter Conveyed in Court this day unto William Clark.
Upon the peticon of Sarah Avery the Administrix of John Avery deceased the Court is pleased to Remitt and for Give the fine of the said John Avery that is as yet unpaid being nine hundred and fiftye pounds of Tobacco.
William Borne peticoner Agt John vines Sherife. The peticoner sett forth that he sustayned foure pounds six shillings damiadg In that the Shriefe did not take security from John Brigs to prosecute the peticoner when he Caused him to be a rested at the suit of John Beaman And Nichols Greenbury; and the peticoner proveing his said damiadge the Court Grant unto the peticoner An order Agt the said John vines Shriefe for the said sume of foure pounds six Shillings with Cost of suit Als Execution.
Baptis Newcomb peticon that the Certivecate of survey of the Land that was surveyed for John Hagester deceased and by him Given to Ann his wife might be returned in the peticoners name; the Court doe there for order that the Certivecate of survey be returne by the sur- veyor in the peticoner name he being Married to the Late wife of the sd John Hagester deceased.
Upon the peticon of Barnwell Garritt the Court Grant unto him three hundred Acres of Land at one penny + Acre yearly on Condicon that he seat, etc .; Wart Given out 1th Insint.
This day the Inventory of the Lands Goods and Chattls of Thomas Grymdyk deceased was brought into Court which Amount unto the sume of foure pounds five shillings and foure pence; And Seaven Thousand pounds of Tobacco.
This day Henry Harmon Accknowlidged In open Court the sale of six hundred Acres of Land house plantacon & premisses unto William Clark and to his heires Executors Administrators and Assignes for ever the said Land Lyeing on A neck of Land Called Kimble neck; Betwene the Land that Cornelis Johnson now Live upon and the Land that Cornelis Johnson sold unto the said William Clark that John Streate is seated upon for the said Clark.
Test. WM. DARVALL.
The Shriefe peticon and sett forth that he have suffered for there not being A prisson in the County And Craves that the Court would be
-
95
COURT RECORDS.
pleased speedily to procure A prisson to secure those that shall be Committed to his Custidy; the Court taking the same Into their Con- sideracon doe therefor order that Luke Wattson be ordered forth with to build a Court Couse [sic] and prisson According to his Agreement with the Court the 1th 10 mo, 1680. Signed by William Darvall, John Roades, John Kiphaven, Edward Southrin.
This day William Lowing Accknowlidged In open Court the sale of the one halfe part of three hundred Acres of Land and primisses Lyeing Betwene the Land of John Roades and William Roades unto William Darvall and to his heires and Assignes for ever the other halfe part of the Said Land being John Simons and his heires and Assignes for ever.
This day Cam John Smith and in open Court Accknowlidged the Sale of three hundred Acres of Land unto John Hill and to his Heires and Assignes for ever the said Land Lyeing on A neck Called Kimbls neck Betwene the Land of William Clark Abraham Potter and John Vines; and did also Accknowlidge to have received full satisfacon for the said Land & premisses.
Cornelis Johnson this day Accknowlidged the sale of one hundred Acres of Land in open Court unto William Trotter and to his heires and Assignes for ever. The said Land Lyeing upon the neck Called Kimbls neck Adjoyning unto the Land of Richard Patte by the marsh side.
The Court order that John Smith doe give good securety to Appear parsonably at the next Court to be holden for this County to Answer then and there to such things as shall be objected Against him on the behalfe of the King or proprietary in the sume of fortye pounds sterl Money and in the meane time to remaine in safe Custidy; Att the re- quest of the said John Smith Henry Bowman and Stephen Whetman doe hereby Ingage themselves Joyntly and Severally in the said sume of fortye pounds sterl money to the proprietary for the said John Smith Appearance at the next Court as a for said Als Execution.
Luke Wattson peticoner. The peticoner sett forth by his peticon that whereas he was oblidged to build a Court house and prisson; and that sence that time the Govermt is Altered and that he is much Im- ployed in other publick bussnes soe that it would be much to his damiadg if he should be Confined to doe the said work; the Court taking the same into their Consideracon; doe hereby order that he shall be released and discharg from the said Agreement all ways pro- vided that this order shall in no ways Release or discharge the Said Luke Wattson from the damiadg that the Shriefe hath or shall suffer for want of a prisson to this day.
The Court Adjurne untill the second thurd day of the next second Moneth 1683.
APRIL 10th, 1683.
Att A Court Held at the Towne of Lewis for the County of Sussex by the Kings Authority & by Commicon from William Penn propri- tary and Governor of Pensilvania & Territoryes there unto Belonging the 10th day of the second Moneth 1683; Justices present Luke Watt- son, John Roades, Edward Southrin, Robert Hart, John Kiphaven.
An Action of the Case upon an Attachment. Cornelis Johnson Plt, Charles Brighte Estate deft. The Plt not Appearing to prose- cute his suit the Court order an non suit to be entred Agt the Plt with Cost of suit Alias Execution.
96
SOME RECORDS OF SUSSEX COUNTY.
An Action of the Case. John Barker Plt, Will Bradford deft. [As above.]
An Action of ye Case. William Darvall Plt, William Borne deft; Wittnes Will Rodney & Marton Hoogland. Jureymen H. Bowman S. Gray G. Young H. Shepard J. Cullison J. Smith T. Haward WV. Beverla J. Crew J. Simons M Chambers H. Strecher. The Plt declared that the deft stands justly Indebted unto him in Thur- teen Thousand Eightye Two pounds of Tobacco upon Acct and proved the same by the Testamony of William Rodeney and Marton Hoogland and the deft owne Confession; the Cause was Left to A Jurey who brought in their verdict that they find for the Plt with Cost of suit and one Shilling damiag the Court passe Judgment Accord- ing to the verdict of the Jurey Alias Execution.
An Action of the Case. William Borne Plt, William Darvall deft. The Plt not proceeding According to Law the Court order An non suit to be entred Agt the Plt with Cost of suit Alias Execution.
An Action of the Case. ffrancis Henry Plt, William Borne deft. The Plt declare that the deft stands Justly Indebted unto him in three hundred pounds of Tobacco for Carting of Timber to William Darvalls house at Lewis and proved the same the Court therfor passe Judgment for the plt Agt the deft * * * Execution given out the 1th 3 mo, 1683.
This day John Johnson Senr Accknowlidge in open Court the sale of Two hundred Acres of Land unto John Hill & to his heires and Assignes for ever; the said Two hundred Acres of Land being part of the Land that was John Kings which was his Mothers thurds.
John Danill Peticoner Agt Nathanil Bradford. The peticoner sett forth that he was Transported out of Burbados Into Vergina to sarve for three years and that he was Sold for the same time to the deft; and that the deft have detained the peticoner foure years & Ten or Eleaven Moneths in his services and proved the same by the Testamony of Capt John Osborne one of the Justices of the peace of Sumersett County in the provience of Maryland; the deft sun pre- tending that the peticoner is not yet free the Court doe therefor order that the Cause be Refered untill the next Court and that the deft sun doe in the meanetime Give his ffather notice there of to the end that he may make his defence therein if any he Can at the next Court; and that the peticoner in the meanetime shall have Libiart [sic] to procure further Testamony of what he declare; Refference. [At Court 14th 6 mo, 1683 "because neither Plt nor Deft appear'd the Action was dismist]."
The Court Grant unto Arther Star one Towne Lott Adjoyning to Pagons Creeke for to sett up A Tan office.
John Vines Shriefe & William Emmatt peticoners on the behalfe of themselves and the Inquest that sarve on the body of Thomas Grimdick deceased; and desier an order for theire feese in that Cause It being as Appeare by an Account produced in Court Three pounds nine shills and foure pence; the Court Grant an order to the peticoner for the said sume of £3 9s 4d 'Agt the Estate of the said Thomas Grimdick deceased in the hands of Stephen Whetman his Adminis- trator with Cost of suit Alias Execution.
The Court Adjurne Untill further order.
Test. WM. CLARK.
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COURT RECORDS.
MAY 27th, 28th, 1683.
Att A Court Held at Lewis in the County of Sussex by the Kings Authority & by Comission from William Penn Proprietary & Governor of the Provience of Pensilvania & Territories there unto Belonging; the 27th & 28th days of the Second Moneth Anno; Dm; 1683; present, Will Penn Proprietary, & Governor; Capt William Markham Deputy Governor; Justices: William Darvall, Luke Wattson, John Roades, Edward Southrin, Robert Hart, John Kiphaven.
An Action of Trasspase & Ejectment. John Bellamey plt, Luke Wattson deft; Henry Stracther Henry Skidmore Danil Browne Will Clark John Roades Skidemore & Clark again wittneses Tho Groves; Edmond Cantwell & Will Traford. Jureymen: Halmanias Wiltbanck Will Dere Stephen Whetman Rich Law Will Kening Jo Cullison Bryant Rowles Samll Gray Robt Harley Junr Henry Bow- man Baptis Newcomb Harclos Sheepard. The plt declared by his Atturney John Hill that the deft did Cutt fall and destroy severall of his Timber trees on the plts Land Lyeing at Slarter Branch on Prime hook neck; The deft plead that the Land is non of the plts but that the said Land is Capt Henry Smiths the Cause was Left to A Jurey and the above wittneses Excamined and the Cause pleaded to on both sides; And the whole matter being sumed up by the pro- prietary the Jurey went out and after a Long debate they brought in their verdict that they find for the deft; The plt by his Atturney Craves an Appeale to have the Cause trid befor the Governor & Provincall Council at Phelidelphia which the Court Grant unto the plt he puting in good & sufficent securety to prosecute his said Ap- peale.
This day Henry Jones Norton Claypoole and Alexander Draper is by the Inhabitents of this County Chosen and Appointed to be peace makers to end and detarmine all differances that shall any ways Hapen or Rise Betwene man and man if they Can; for one whole year now next ensueing from the date hereof; which said peace makers Are ordered and Appointed by the Governor & the rest of the Court to sitt about such Matters the Last thur[d] day of the week in every moneth.
Henry Jones and Alexander Draper doe solmonly promise in the presence of God in open Court; that they will to the best of their Knowlidg and understanding discharge their office of peace Makers; for one year.
The Laws of this Government was this day openly published in Court being the 28th day of the thurd Moneth about the Midle of the day.
This day John Kiphaven Alexander Moulston Halmanias Wiltbanck Cornelis verhoofe Cornelis Johnson francis Henry Cornelis Plockhoy Anthony Hamen [Hancen?] Alias Haverla haveing publiquely in open Court solmonly promised and declared in the presence of God Alleai- gance to the King of England his heires and successers; And fidelity to William Penn Proprietary and Governor of the provience of Pensil- vania & Territories thereunto belonging and to his heires & successers After which the Governor declared all of them to be Naterallized and as free men of this Government as any English men.
The Court is Adjurned untill the second thurd day of the 4th mo, 1683. Test. WM. CLARK.
98
SOME RECORDS OF SUSSEX COUNTY.
WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA & YE TREITORY'S THERE UNTO BELONGING.
These are to will & require all persons wthin ye County of Sussex that have no Pattents for the Lands or are willing to have their Pattents [ren'd?] to send up their Certificates of Survey & Old Patents by Wm. Clark Surveyor for ye Lower Counties, before ye 28th instant into my Secretaries Office, and appoint some person or other to take Patent out for them; given at Philodelphia ye 13th 4 mo, 1683.
BY WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA & TERRITORIES THEREUNTO BELONGING, & COUNCILL. A PROCLAMATION.
Whereas severall complaints have been made by the freemen & indwellers of this Province against their own servants who doe im- basell & dispose of the goods & monys of their Masters & Mistris: contrary to Law & Justice to the great loss & detremt of their sd Master & Mistris. These are therefore by the Kings Authority strictly to forbid all manner of People wtsoever at any time to give lend truck sell dispose pay or receive any manner of Cloathing goods or mony to or from any Servant whatsoever without their Master or Mistris Warrant for the same, & that if any person shall at any time take receive or possess goods of any kind or monys wtsoever from any Servant as aforesd or deliver or pay to any such servant any monys or goods whatsoever wthout Order as aforesd such offenders shall be lyable to pay to ye owner of such Servant double ye vallue thereof besides ye sd goods & monys as a foresd wherefore every Justice of ye Peace are hereby strictly required and commanded & other ministers of Justice to make strict inquiery after such persons so offending & such severely to punish according to Law as they will answer ye contrary at their Peril. By Order of ye Governor & Councel.
MOORE, Secretary.
Given at Philodelphia ye 23th 3d mo 1683.
BY WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA &c & PROVINCIAL COUNCILL THEREOF. A PRO CLAMATION.
For as much as there are severall unjust & unlawfull proceedings of severall persons yt have psumed to take Horses Boats & Canoies in this Province & Territories without leave from ye Owners to their great prejudice often pretending ye Horses are Strays & broken out of ye Fence as allso ye Boats &c were borrowed or runn adrift. The Governor & his Counc haveing taken this into their consideration for ye preventing of those unjust actions for ye future doe by these presents strictly charg & command all manner of persons who have ye administration of Justice in this Province & Territories thereunto belonging to punish all such offenders according to the Laws of this Province made & provided for in that behalf of wch all manner of persons are to take notice of, & so yeild All true obedience at their Peril. by Order of ye Governor & Councel
N. MOORE, Secretary.
Given at Philodelphia ye 9th 4th mo, 1683.
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COURT RECORDS.
BY WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA &c: & PROVINCIALL COUNCELL THEREOF. A PROCLAMATION.
The Law of God & Man requireing Sobriety & good Manners to be propagated & maintained in all Nations & Cuntryes & haveing as in duty bound a tender respect unto Gods Honor & ye good of ye Souls of ye People & desirous that all in all stations may doe well these are therefore to charg & strictly to command the Ministers of Justice & Magistrates of ye Province & Territories to Oversee ye manner of ye People & strictly to Punish & Suppress all disorders & Debaucheries wch are or shall be committed especially in any Or- dinary or Publique Drinking house & that without respect of Persons as you will answer the Neglect thereof at your Peril.
By Order of ye Governor & Coun. N. MOORE, Secretary.
Given at Philodelphia the 9th of 4th mo, 1683.
BY WM. PENN PROPRIETARY & GOVERNOR OF YE PROVINCE OF PEN- SILVANIA &C & PROVINCIAL COUNCEL THEREOF.
A PROCLAMATION.
The Governor Provincial Councel & General Assembly haveing taken into their Serious consideration the present state & future good of this Province &c have made & provided divers good & whole- some Laws to encourage Virtue Trade & Comerce & to Punish & Suppress looseness & impiety wch distroys all Civil society it hath pleased ye Governor & Council to Quicken the execution thereof & this day do therefore strictly require & command all Magistrates & Ministers of Justice forthwith to observe & execute or cause to be executed all the sd Laws in all Points without delay favour or affection upon ye Penaltyes therein expressed & all concerned are hereby, required to take notice thereof at their Peril.
By Order of ye Governor & Councel.
N. MOORE, Secretary.
Given at Philodelphia ye 9th 4th mo, 1683.
Aminadab Hanger his Cattell Mark: A Swallow Fork on both Ears & a hole on ye right Ear.
Danll Helier his Cattell Mark: A Swallow Fork on boath Ears & under bitten on ye Left.
Edward Sowthern's Brand Mark Y 4
IN YE NAME OF GOD AMEN
I Edward Bootle of Deal County being Sicke & Weeke yett of sound & perfect Memory * * *
Imprimus. I give & bequeath unto Mr. John Kipshaven Son John the one half of my land & plantation if it please God that I dye with- out Wife or Issue that is to say to him & his Heires for Ever never to be sould but to continue from Heir to heir for Ever.
Item. I give and bequeath unto John Depree & his Son Jacob De- pree the other half of my Land & Plantation if it please God that I dye without Issue or Wife that is to say to them or their heirs for Ever, never to be sould but to continue from Heir to heir for Ever &
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SOME RECORDS OF SUSSEX COUNTY.
if the said John Depree should dye now or before his Son Jacob comes to age then it is my Will that Andrew Depree shall keep this Moiety of Land in his Possession untill the sd Jacob Depree doth come of Perfect Age & then to deliver the sd Jacob Depree possession of this said Moiety of Land.
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