USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 13
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William Emmit petitioned the Court that his fine or fines might be remitted Acknowledging himselfe to be sorry for his fault therefore the Court upon his Submition ye Court hath remitted his fine of five pounds.
Henry Stretcher Peter Designy Daniell Hillyard and John Ross petitioned the Court that they might have satisfaction for their time & labour spent one day & night fetching the old boate & Apurtenances with the old tooles with A Woman & two Chilldren which they found at Cape James to this towne the Court ordered them ten shillings pr man to be pd oute of the boate & what belongs to her after the boate is sould.
Arthur Starr petitioned the Court that he might have A front Lott in the towne Instead of A back lott Which the Court formerly Granted him; This Court Grants him A lott instead of his back lott Adjoyning upon William Trottors in the second strete if Clear or elce the next lott upon Condition that he build a dwelling house by the next second Month or elce forfeit five pounds Ster.
Forasmuch as these overseers of the hyeways that hath served last yeare hath not done the worke According to their order the Court thinks fitt to continue the said overseers till the next 7th Month 1684 John Hill having Entered himselfe into the Imployment of the sosyety Samwell Gray is Chosen & Apoynted to serve in his place.
Warning being given by the Sherriff to the people to bring in their Acounts to the next Court of what they have Expended to serve the publick; the Court is Adjourned to the second twesday of the Next Month.
DECEMBER 11th, 1683.
At A Court Held at Lewis for the County of Sussex * * * the 11th day of the 10th Month 1683. Comitioners present: William Clarke, Luke Wattson, John Roades, Allexander Molleston, Herculus Shepard.
Robert Johnson petitioned agst the Estate of Thomas Grindike deceased, Twice Referrd. The petitioner petitioned last 7th Month Court against the Estate of Thomas Grindike for 12 days worke at 301b
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COURT RECORDS.
tobaco per day coms to 3601b tobaco, for want of Witnesses the Cause was Referrd to this Court. The petitioner proved his worke or labour performed & did Acknowledge he had receid in part of satis- faction one Gallon Rum at [and?] 1001b tobaco. The Court judged twenty pounds of tobaco pr day to be Enough for his worke-there- fore they ordered the petitioner one hundred and forty pounds of tobaco, if the Estate hold oute to satisfye all debts if not he should have his proportion.
Edward Sowthorne Acknowledged the sale of foure hundred Acors of Land which he now lives upon unto Griffen Jones of Phylodelphya Merchant, with the Apurtenances thereunto belongin acording to Articles of Agreament made & Concluded upon.
John Depree petitioned the Court that he might be allowed for two Wolves heads & Ninety five pounds of porke he lent the Burgesses which they ordered should be allowed him.
Thomas Hancock petitioned the Court for three hundred Acors of Land that is Clear in this County. The Court Granted on Condition that he should pay one penny an Acor yearely from the time of the Survey & that he shall seat build & Improve it within A yeare after the Survey.
John Browne petitioned the Court for A towne Lott Convenient to build A Sloope or Shallop. The Court Granted that he might have A towne Lott that is Cleare that Lott where the vessell is on the stocke A building Excepted the petitioner to forfeit five pounds if he doth not build A dwelling house within one yeare.
[The Court fines William Beverly twenty Shillings for Abusing the Court etc.]
The Court fines John Vines Henry Stretcher Andrew Depree & Barns Garrat fifty pounds tobaco pr man for Smoakin tobaco in the Court house [and later Allexander Molleston same amount for same offence].
The Court fines Allexander Molleston fifty pounds tobaco for smoakin in the Court house. [ditto Luke Watson].
Robert Johnson petitioned the Court that he might be allowed 10d. pr day for his 12 days worke that he did for Thomas Grindike for finding himselfe dyet during that time. The Court would not allow it, but order'd it to be Cast oute.
Robert Hignett Senior petitioned the Court for five hundred pounds of Tobaco dew to him for being Cryer of the Court for one yeare as he agread with the Court and yt he might have it pd oute of the fines or Amercements.
The Court Adjourned to the second Twesday of the 12th Month following.
FEBRUARY 12th, 13th, 1683.
At A Court Held by the Kings Authority * the 12th & 13th days of the 12th Month 1683. Comitioners present: William Clarke, Robert Hart, Allexander Molleston, Luke Wattson, John Kipshaw, John Roades, Edward Sowthorne & Herculus Shepard.
An Action of ye Case. Halm Wiltbanck plt, Estate of George Andrews being A Cow & A Calfe deft; once referd. The last 10th Month Court The Plt declared for two pounds foureteen shillings dew to him from Georg Andrews upon Acount; It was Referd to this Court. The Plt being dead the Action falls.
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SOME RECORDS OF SUSSEX COUNTY.
An Action of the Case. Robt Johnson Plt, William Butlor deft. The Plt declares declares for two hundred Acors of Land that he bought of the deft, & Craves Judgment of the Court that the deft May be Compelled to give him Legall posetion thereof & to ma[ke] him good title thereunto with Costs; the Deft pleaded that the Plt was obliged to make A Chimny A Clap board loft and partition Richard Laws & Joane Street declared * * * that the deft promised this Morn- ing to make A Conveya[nce] of the said Land unto the Plt they allsoe declared that the Plt did allsoe promise to pay unto the deft foure hundred pounds of tobaco, Richard Laws Engaged the Plt should pay unto the deft foure hundred pounds of tobaco in A Month Will. Emitt engaged that the Plt should finish the house as the deft pleased & declar[ed] he was obliged to doe, that is to say A Chimny A Clap board lof[t] & partition, upon which Engagements the deft therefore did Acknowledge in open Court all his Rite & title to the tw[o] hundred Acors of Land, lyeing & being upon the great Kill unto Robert Johnson the Plt which is adjoining to the land of Otto Wulgast.
Randalph Shard Chirurgeon & Physitian agst the Estate of Cor- nelis Verhooft, for five pounds Ster. dew to him for his paines care & Medicins used to Cornelis Verhoofe in the time of his sickness, the petitioner proved by two Wittnesses that Cornelis did in his life time consent [to] allow him soe much, therefore the Court ordered him A judgment for the said 51b Ster agst the sd Estate of Corne[lis] Verhoofe, with Costs; Execution given out 27 day 12 mo, 168[?].
William Cartor petitioned the Court for A towne Lott ffronting the Creek the first that hapeneth to be cleare the Court grants him that Lot next to John Roades fronting ye Creek upon Condition that he builds A dwelling house upon the sd Lott within one yeare after this day or else forfeit five pounds Ster.
William Clarke petitioned the Court for two towne Lotts upon the North side of the Cross street fronting the Kreeke the Court Grants him those two lotts on Condition that he builds two dwelling houses one upon each Lott * ** *
Symon Pawlin being Chosen Cunstable did promise in the presence of God faithfully & truly to ofitiate the place or office of a Cunstable for one yeare or till another was Chosen.
John King being Chosen Cunstable did promise the same as Symon Pawlin did.
Andrew Depree petitioned agst John Oaky for the Meat of A sow of the petitioners that John Johnson junior Killed, which meat was carryed to John Oakys John Johnson senior testimony with Jeffery Summerfords was taken but not sufitient prove that John Oaky had the meate therefore the Court advised Andrew Depree to send Hue & Crye after the sd John Johnson to bring him back againe which he promised to doe.
The Court ordered the Sherriff to take Mary Oaky into his Custody till she pays five shillings for swearing in the face of the Court * * *
The Court fines Allexander Molleston five shillings for swearing *
John Roades petitioned the Court for A towne Lott fronting the Creek next Adjoyning to those two Lots that was Granted this Court
* *
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COURT RECORDS.
to William Clarke which was Granted by the Court if Cleare on ye same conditions.
The Court Grants the jury an order for theire ffees in five Actions viz Luke Watson agst Walter Pomfry Estate Wm Beverly Jno Barker, Peter Designy agst the Estate of George Andrews Norton Claypoole Plt Babtist Newcome deft.
Luke Watson petitioned the Court for A towne Lott fronting the Creeke on the south side of that strete yt goes up to the place where the Court house is to be build the lot formerly granted to Wil. Dar- vall but now Cleare, which if Cleare the Court grants on the same con- ditions as to others.
John Vines Sherriff petitioned the Court for A front Lott in the towne which they Granted Next to William Cartors, on the same Con- ditions.
John Grantam petitioned the Court for a front Lott in the towne if Cleare or otherwise A back lott next unto the ffront, which the Court Granted on the same Conditions.
Roger Gum petitioned the Court for A front Lott they Granted him A back lott on the same Conditions.
Major Spencers letter to Mr. William Clarke desiring him with the rest of the Court to rectifye A Mistake in his Levyes he being Charged for his owne head & is above 60 yeares of Age & one of his Men gon from him before the list was taken the Court allowed his head to be abated but not his man.
John Walker petitioned the Court for 30, or forty Acors of Cleare land betwene Babtist Newcome & the Widow Hall, which the Court Granted if Cleare Warrant given oute the 15th 12th mo, 1683.
The Indian Assawmack Harmattamale Acknoledged in open Court the sale of one thousand Acors of Land to Mr Allexander Mol- leston which land is on the south side of the Indian Rivor.
Willam [sic] Cartor Petitioned the Court that he might [have] some Consideration or satisfaction for his time paines & troub[le] that he spent aboute taking the Levys; but the Court refused alleadg- ing it was the Kings buisness.
William Wargent Petitioned that he might have his La[nd] Sur- veyed that Otto Wulgast tooke up on Mill Creeke in Cantwells Neck; which the Court Granted; the land being foure hundred Acors.
Robert Johnson petitioned the Court for one hundred & fifty Acors of Cleare land in any prt of this County; which the Court Granted; Warrant given oute 15th 12 mo, 1683.
The Court Adjourned this 13th day of the 12 month 1683 untill the second twesday of the next month.
William Bakers Eare marke for his Creetures the left Eare Crapt the Right Eare under bitten the first day of the 1st month 1683.
Robert the son of Norton & Rachell Claypoole borne the 26th day of the 11th Month 1683 aboute the 11th houre at night in the presence of Elizabeth the wife of Symon Pawlin the midwife Susanna the wife of Dennis ffisher & Elizabeth Tompson oure maid servant.
The 10th day of the first Month the freemen of this County being Assembled together did Chuse for their Dellogates or representatives for the Provintiall Counsell & Generall Assembly: Luke Watson for the Provinciall Councell; John Roades, Henry Bowman, Herculus Shepard, Samwell Gray, William Emitt, Henry Stretcher for the Assembly.
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SOME RECORDS OF SUSSEX COUNTY.
WILLIAM PRENTICE BILL OF SALE FOR THREE HUNDRED ACORS OF LAND TO LUKE WATSON.
Know all men by these presents that I William Prentice of the County of Sumersett plantor hath sould unto Mr Luke Watson of Lewis one tract of Land containing three hundred Acors formerly surveyed by Mr ffrancis Jenkins, Lying of the North side of Slawtor Creek near Primehooke, to have & to hold the Aforesaid trackt of Land, to him the said Luke & his Heires for ever, from me & my heires, or any other person Claiming in thorough [sic] or by me, having recevd full satisfaction for the same as wittness my hand & seale this 30th July 1683.
Testes HEN SMITH THOMAS PETTLY
WILL: PRENTICE his O marke [SEALE]
FEBRUARY 11th, 1684.
At A Court Held by the Kings Authority & by Comi. from William Penn Propriator & Governor * * at Lewis for the County of Sussex the 11th day of the first Month 1684. The Governors New Comition being read for William Clarke to be President & Luke Wat- son, Jno Roads John Kipshaven Robert Hart Allexander Draper & Robert Bracey to be Justices of the Peace for this County & any foure of them to keep Court Judicature in this County. This Declara- tion following was read :-
Wee William Clarke Luke Watson John Roades Herculus Shepard John Kipshaven Robert Hart Allexander Draper and Robert Bracy being by William Penn Esq Proprietary & Governor of Pensillvania, & territorys thereunto belonging Constituted & Authorised to be Justices of the Peace & A Court of Judicature for County of Sussex to Act in the same Imployment and trust for the preservation of the peace & Justice of the County In pursuance of oure said Comition acording to Law; Wee doe hereby in the presence of God declare that wee freely Acknoledge the said William Penn to be oure right- full Proprietary & Governor; & doe solemnly promise by the Held of God to be just & true to him in managing & performing oure sd trust & faithfully discharging the same in obedience to oure said Comition & act therein according to the best of oure understandings; & if wee shall Wittingly or Willingly act or doe any thing contrary to Law [?] fidellity to oure Proprietary & the trust reposed in us by him: Wee doe hereby oblige oureselves to suffer & undergoe the same fine or punishment that the matter shall in Law deserve as if wee had actually taken an oath; which they Consented to withoute any ob- jection.
ALLEXANDER DRAPER [SEAL]
ROBERT BRACY
his R B marke [SEAL]
HERCULES SHEPHEARD [SEAL]
The new Comition for ffrancis Cornwall & Robt Clifton to be Justices dated the 9th 2 mo, 1686, being read ye 8th 4 mo, 86 hey signed and sealed it before the Court. [F ?] CORNWALL [SEAL] the Marke of R ROBERT CLIFTON [SEAL]
There being present this Court: William Clark president Luke Watson John Roades John Kipshaven Robert Hart Allexander Draper and Robert Bracy Justices.
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COURT RECORDS.
Thomas Winns Comition dated 13th 2 mo, 1687 was read in open Court the 3 3 mo, 1687 for him to be one of ye Justices Whereupon he declared his willingness to signe the above Declaration.
THO: WYNNE.
An Action of ye Case. Mathew Scarborow Plt, Robt Clifton Marying the Rellix & Administratrix of Capt John Avory deft. The Plt de- clares that Capt John Avory detained from him A Mare with her Encrease & the deft having the Estate of Capt John Avorys in his hands * * *
An Action of the Case upon Attachment. Jonakin Wiltbanck Administratrix of the Estate of Halm Wiltbanck Plt, George Andrews Estate being A Cow & A Calfe deft. The Plt declares that George Andrews is Indebted to the Estate of Halm Wiltbanck * * * The Jury's names are Herculus Shepard, William Cartor, William ffutcher, Richard Harvey, Stephen Whittman, Thomas Howard, Richard Willis, Jacob Warren, Henry Scidmore, Richard Law, Mor- rice Edwards, Andrew Deprey.
An Action of the Case. Abell Portor Plt, Henry Bowman deft. The Plt declares that his servant Henry Williams A Cooper being run away & taken up in these parts the deft did Engage & promise to be security for his forth Coming upon demand, & the deft now re- fusing to procure or produce the said servant, the Plt Craves Judg- ment of this Court agst the deft for the sum of thirty five pounds ster. Mony of old England with Costs; The deft doth owne in open Court that he did promise to be security for the servants forth coming according to declaration but Craves A Refferance till next Court which the Court Granted. At Court held 4 mo, 10, 1684-The Jury's Names-William Emmitt, Babptist Newcome, Will. Cartor, Thom. Hodgkins, Will ffoutcher, Bryant Rowles, John Browne, John King, Roger Gum, Jno. Cullison, Henry Harman, & Richard Patty.
The Court ordered the Jury their ffees in two Causes viz Jonakin Wiltbanck agst Georg Andrews his Estate & Henry Stretcher agst Waltor Pomfrys Estate.
The Court fines John Barker Juryman for not Attending the Court ten shillings; John Barker pleaded that his horse being loose was going away & he went to bring him back therefore desired his fine might be remitted, upon which the Court remitted his fine.
Thomas Edwards Petitioned the Court for his liberty on which there was an Acount delivered to the Court from his Mr Jno More Amounting to ten thousand & Eighty pounds of tobaco & fouretene pounds Nineteen shillings Ster. mony agst him which he could not answer therefore consented to be sould for three yeares by the Court for satisfaction to his Mr John More. Thomas Edwards servant to John More in Virginia [is] by his owne consent sould by the Court to William Cartor, for three yeares service from this day for foure thousand six hundred pounds of tobaco for the use of ye sd John More to be pd the next fall, Thomas Edwards to have his freedome mony according to Custome when he is oute of his time. William Cartor confessed Judgment for the sd sum or m[ony] quantity of foure thou- sand six hundred pounds of tob[aco] to be pd next fall to John More of Yorke County in Virginia or to his Heires Executors Administra- tors or Assignes.
114
SOME RECORDS OF SUSSEX COUNTY.
William Cartor petitioned agst the Estate of Corne[lis] Verhoofe for three hundred fifty foure Gilders ten stive[rs] dew upon Acount, The Acount being writt in dutch i[t] is suposed by Abram Clement for Otto Vulgast, Will[iam] Emmett Translated the Acount into English & did Attest it to be A true Copie of the said Acount, the Court believing the Acount to be true passed Judgment for the pe- titioner agst the Estate of the sd Cornelis Verhoofe for the sum of 354 Gilders 10 stivors with Costs of suite.
Nathaniell Smith petitioned for A towne Lott by [ * * * ] John Roades The Court Granted him A back Lott nex[t] to William Clarks Lott, the same Condition as to other[s].
William Rest petitioned for three hundred Acors of Cleare Land in this County, which the Court Granted order for.
Ann Newcome petitioned that Whereas her form[er] Husband John Haggistor did sell unto Norton Clay[poole] A Certaine parcell of Land & plantation unto wh[ich] bargaine or sale she did never Condisend nor any way yeild her rite & title of the Aforesaid Land to any person or persons therefore she Craved the Courts order for her thirds in the said Land soe far as the La[nd] shall admitt in sutch case & to order the same to be set Apart that she may peaceably posses & Enjoy the same, which petition the Court thrue away.
Richard Law petitioned that Whereas he was Charg[ed] in his Levys for James Heath, the sd James Heath being A freeman onely working with the petitione[r] upon certane Conditions the Court ordered the sd James Heath to pay his owne Levys.
Joshua Barksteads Comition for the Corroners place of this County being Read he desired it might be record[ed] :-
"WILLIAM PENN PROPRIETARY AND GOVERNOR OF THE PROV-
INCE OF PENSILLVANIA & THE TERRITORYS THEREUNTO BE- LONGING; To JOSHUA BARKSTED GREETING :- Reposing Confi- dence in thy Sobriety & Integrity I doe Authorise & Apoynt thee Joshua Barksted to be Corroner of the County of Sussex to Inspect the bodies of those that come untimely to their deaths & Impanell Juries upon the same, & doe what to the ofice of A Corroner belongs & to receive the fees due for the same as by Law directed: hereby requiring all persons to give thee ye Respect due to thy office, Given at Phyladellphya ye 23d 9 ber 1683.
[SEALE] "WILLIAM PENN."
Indenture of sale of one hundred thirty two Acors of Land Sould by Samwell Gray to Randolph Shard being read in open Court before the said Samwell & Randolph it was desired by the sd Randolph it might be Recorded; which is as followeth :-
"This Indenture made the first day of 10 ber in ye year of oure Lord one thousand six hundred & Eighty three betwixt Samwell Gray of Lewis in the County of Sussex Planter of the one part & Randolp [sic] Shard Chirurgeon of the other part wittnesseth that the said Samwell Gray for & in consideration of the great care trouble & service of the sd Randolph Shard to him the sd Samwell Gray & for & in consideration of the said Randolph Shard his Charge of physick & for divers other good considerations him the sd Samwell Gray Moving hath bargained Sould Alienated & confirmed one hundred thirty two Acors of Land lying in long love Creek in the County of
115
COURT RECORDS.
Sussex & knowne by the Name of Grays Inn from him & his Heires for ever to the sd Randolph Shard * * *
"SAMWELL G GRAY [SEALE] his marke
"Sealed & delivered in the presence of John Cartor, John White, Gerrardus Wessels, Samwell White Samwell Gray acknoledged this to be his act & deed."
A PROTEST MADE BY BENJAMIN BLAGG MR OF THE SHIP SOCIETY] AGST THE DETAINMENT OF A PARCELL OF OYLE & WHALE BON[E]
Sussex County belonging to the Province of Pennsillvania
Whereas the Ship Society belonging to the ffree society of traders of Pennsillvania is Expressly ordered & sent to [the] Roade within Cape James on purpose to take in & loade [A] parcell of oyle & Whale- bone belonging to & upon accoun[t of] the ffree society aforesaid, Benjamin Blagge being Mr of [the] said ship for this present voyage, have this day deman[ded] of John Hill the said oyle & Whalebone which should ha[ve] bene delivered to him by vertue of an order or Comition fr[om] the society aforesaid, for his receiving the same, the ship ly[ing] ready in the road aforesaid, for the convenient loading the sam[e] the Answer that is given me by the said John Hill is that part of the said oyle is converted by one Henry Bowman t[o] his owne use & the rest thereof is Attaiched by the said John Hill by law as allsoe the Whalebone for the societys use and Cannot have an Issue thereof in Court untill the 11th or 1[2th] day of the next Month Called June ffor which causes I Benjamin Blagg Mr of the Ship aforesaid doe here prote[st] against the detainment thereof & shall God willing proce[ed] on oure Intended voyage with oure said Ship Society According to order, This protest is made at the towne of Lewis in the County aforesaid this 3 day of ye 3 Month call[ed] May 1684 by me Benjamin Blagge in Wittness whereof I have hereunto sett my hand the Day & yeare before writte[n] with the seale of the County aforesaid; signed in the presence of us:
BENJAMIN BLAGGE. L
RACHELL R C CLAYPOOLE her marke NORTON CLAYPOOLE Clerc: Vera Copia Test. NORTON CLAYPOOLE.
the County seal for Sussex
JUNE 10th, 1684.
Att A Court Held * * at Lewis for the County of Sussex the tenth day of the fourth Month 1684. Comitioners present: John Roades, John Kipshaven, Herculus Shepard, Allexander Draper, Robert Bracy, Robert Hart.
An Action of the Case. Luke Wattson Plt, The Estate of George Lacham in the hands of John Barker deft. The Plt being absent upon publick service at the Provinciall Councell the Court Referd the Cause to the next Court; with drawne by the Plts order the 6[th] Mo: in Court.
[In a suit for title to "house & Towne Lott" -- mention is made that "Thomas Hodgins marryed the rellix & Administratri[x] of the Estate of Halm Wiltbanck" * * *]: ["Thomas Hodgkings who marryed Jane the Widow and Administratrix of the Estate of Halm Wiltbanck].
116
SOME RECORDS OF SUSSEX COUNTY.
FEBRUARY 12th, 13th, 1683.
["Symon Pawlin being Chosen Cunstable" took his oath.] John King being Chosen Cunstable did promise ye same.
The Indian Assawmak Harmatt a male Acknedged in open Court the sale of one thousand Acors of Land to Mr Allexander Molleston which Land is on the South side of the Indian River.
MARCH, 1683-4.
[A suit in which " Robt. Clifton Marying the Rellix & Administratrix of Capt. Joh Avory" is deft.] [Her name is given as Sarah].
Joshua Barksteads Comition being read twas ordered to be recorded for him to be Corroner in this County.
AUGUST 12th, 1684.
[A suit in which mention is made that "John Daniell * Assighned over the said bill to Katherine Vines who now is the wife of the Plt," * * * Arthur Starr.]
AUGUST 13th, 1684.
Chosen for Peace Makers William Clark Jno. Roads & Jno. Hill.
SEPTEMBER 2d, 1684.
Att the Orphans Court Held at Lewis in the County of Sussex by the Kings Authority & in the Proprietary & Governous [sic] Nane [sic] the 2 day of the 7th Month 1684. Comitioners present: Luke Wattson, John Roades, John Kipshaven, & Herculus Sheppard & Allexander Draper. The Inventories of the Estates belonging to the Orphans & other writings thereunto Appertaining being in the Reg- isters Office & the Register of this County viz the President being gon to Phyladellphya & not left oute the writings aforesaid, this Court Could not proceed to doe any business therein, therefore this Court is Adjourned to the first tuesday in the next first Month.
[The above is followed by three items of the killing of wolves "entered by order of Court."]
NOVEMBER 11th, 1684.
John Barker is Chosen Surveyor of the hye ways in the roome of William Bradford.
DECEMBER 9th, 10th, 1684.
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