USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 14
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Samwell Gray presents for not working upon the hye ways These persons following viz Will. Emmott John Brown Richard Gill John Williams John Wocon Robert Jnoson Harmon Cornelis the delin- quents are ordered to worke betwene this & the next Court what they are behind in their Work otherwise to be fined 20 ff. a day for what they are behind.
Robert Hart Surveyor of the hye ways presents for not workin upon the ways Luke Watson senior Henry Bowman Henry Smith Barnwell Jackson David Coursey Wm ffancy Wm Spencer junior Barthollmew Aplegate.
Appraisers to be Chosen William Emmot John Symons & Samwell Gray Chosen to be Appraysors for one yeare [and took oath'of office].
117
COURT RECORDS.
NOVEMBER 11th, 1684.
John Barker is Chosen Surveyor of the bye ways in the roome of William Bradford.
Thomas Bocent promised to performe the office of under Sherriff for one yeare * * * [and took oath].
Babptist Newcome agread with the Court to build ye Court house & prison as is expressed elce where for 10 thousand pounds of tobaco.
FEBRUARY 10th, 1684.
Arthur Starr & Henry Vbanck being Attested declared they both heard Robt. Johnson say that he had carryed away part of the Stocks & flung it downe the banck & Arthur Starr further declared that he head [sic] the sd Jnoson say that if he had his Ax there he would cut downe the Whippin post these words was spoken as they Affirme by the sd Johnson the latter end of Octobr or In Novembr last.
MARCH 10th, 1685.
Andrew Deprey being Chosen Cunstable he was Attested to per- orme the office of a Cunstable this yeare next ensuing for the pre- cinct he liveth In According to Law & the best of his knolledge.
MAY 12th, 1685.
Henry Stretcher verbally petitioned the Court that he might take In the pond and sum upland for A pasture for the use of his ordinary on which the Court Grants that he may fence in the sd pond & upland for seaven yeares to commense the next orphans Court to be held the next 8th Month & Henry Stretcher promiseth to let any of the Inhabitants put in their Calves for 2/s ye summer that of the towne & any Inhabitant of this County to put in the horse or horsys at any time for 4d A Night Henry Stretcher allsoe promiseth that when the 7 yeares is expired to deliver peaceable and quiet possession unless he shall Agrea for Longer time the Court allsoe Grants that if the sd pond and upland be to be let oute when this seaven yeares is expired that Henry Stretcher shall have the refusing of it, he is to pay yearely to the orphans Court held in every 8th Month one Eare of Indian Corne for A yearely rent to the Court for the sd Land.
[The Court granted Arthur Starr "2 towne lotts more backward where he lives for A tanyard" * * * "for seaven yeares to begin the next 8th Month at the orphans Court he paying for a yearly rent one eare of Indian Corne to the orphans Court to be held every 8th month." * * *
MARCH 8th, 9th, 10th, 1687.
Sollomon Jones and John Williams are Chosen ffence Vcwers.
Jerrimia Scott petitioned to be excused of ye Cunstables place he being Chosen by the Court his petition was not allowed and he was Attested to serve the office of A Cunstable for the yeare insuing or for soe long as he should live in the towne for ye towne precinct.
Arthur Starr petitioned to be released of the Cunstables office and the Court Chose Jerimiah Scott before inserted to serve in his Roome. John Crew petitioned to be Excused of the Cunstables office & The Court Chose William Bradford Recited to serve.
Bryant Roles petitioned to be excused of ye Cunstables place and the Court Chose and Appointed Antony Havorly to serve in his place
-
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SOME RECORDS OF SUSSEX COUNTY.
for this yeare next ensuing the office of A Cunstable for that precinct.
The Judgment of the Jury of Inquest upon the body of James Colle late servant to Thomas Branscom being found dead was Read in Court and ordered to be Recorded in the Booke of Records * * * MAY 3d, 1687.
Thomas Wynns Comition to be one of ye Justices in the Roome of Thomas Langhorne was Read viz: * *
[Order of "Councill" "that no undrest Deer skins be put on board any shipp Boate or Vessell with intent to transport ye same oute of this province before they have bene publickly exposed to sale * * *. Grand Jury's presentments as followeth :-
Wee of the Grand Jury doe present Nathaniell Sikes for selling of Ight [sic] bread according to Information of Albertus Jacobs and Phillip Russell. RICHARD LAW fforeman.
Wee of the Grand Jury present Babptist Newcom for Not Mending or Repairing the long bridge accordin to Information of Joshuah Barkstead. RICHARD LAW fforeman.
The Grand Jury presented the Court for Not Causing a Court house and prisson to be made. RICHARD LAW fforeman.
The Court orders Babptist Newcom to Sums in ye Inhabitants that have allready refused their Worke to mend the Long Bridg.
John Vines Corroner Returned to this Court the Verdict of the Jury of Inquest upon the death of Elizabeth the wife of James Sikes viz * * * [she "dyed suddenly on or aboute the 14th of ffeb: Ano: 1686" paper dated "this 11th day of March Ano 1686"]. JUNE, 1687.
William Kanning petitioned that Whereas he gave security A twelve month since for his good behaviour Requests that his security may be released and their bonds delivered. The Court being informed that ye Sherriff commanded him to aid and assist to put Tho. Jones in the stocks and the petitioner Refused saying if it was to put ye Sher- riff in ye stocks he would help; Whereupon they would not grant his petition telling him he had as much reason to be bound to his good behaviour as fformerly therefore they would not grant it. [* *
* "The Court therefore order the said James Hardin to be Committed to the Sherriffs Custody untill he give security for his good behaviour" this was for the above offence].
"Ruith Bundick Thomas Jones Mother petitioned"
JULY 21st, 1687.
The Comition from James Williams Deputy Collector Appointed by Patrick Mein Esqr to Norton Claypoole being read as ffolloweth *
* * [as Genl Deputy Collector].
[Norton Claypoole Attested to discharge of above Duty 16th 5 mo., 1687.]
Norton Claypooles Comission for Deputy of ye Rolls Given near Lewis the 23 4th Month 1687.
THO LLOYD Mr of ye Rolls.
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COURT RECORDS.
Henry Bowmans Comission for ye Navall office *
* * Given at Phyladellphia the Eighth day of the sixth Month 1687.
WM MARKHAM Secretary.
SEPTEMBER 6th, 1687.
Justice Roades was soe sick that he was not able to sitt upon the bench to doe any buisness & there not being Justices enough to hold A Court withoute him the Court ordered Notice thereof to be given and the Court to be Adjourned to ye first twesday in ye Next Month which was accordingly done by proclamation.
OCTOBER 4th, 5th, 6th, 1687.
The last will & testament of John Roades was delivered to ye Court sealed up & desired by them to be publiquely opened and Read which was accordingly done as allsoe Read but the Widdow Comfort Roades desired it might not be proved till Next Court * * * untill she had A Letter of Administration * [this was granted].
Johnathan Baily was summoned to this Court [for] vio- lently by force of Arms Wickedly Maliciously & feloniously, oute of A sordid base Covetous desire, aboute the beginning of the last yeare 1686 * * * Contemning & despising, thy Neighbours, fence Not onely the Kings Hye way, to thy owne use, which said Hye way hath bene Made Worne & Accustomed for Many years, Neither had thy Neighbours, any other roade or hye way to ye Commons Commonly called Marshes either to ffetch Hay Looke after their Catle, or other ocations; but allsoe the onely Known Antient place of A burying ground for the towne of Lewis &ct, Notwithstanding thou hast bene twice presented for the same, Thou hast continued the use thereof to thy private advantage and benefitt and hath boldly and presumptuously in defiance of all thy Neighbours, their Right and property placed the frame of A Windmill thereon, and allsoe hast Not onely confidently & Im- pudently, denyed and Refused thy Neighbours the use of ye sd ground to bury their dead forbiding them or any of them to come upon the said ground but didst Cruelly in A tyrannicall and Wicked Manner threaten & [sic] the presence & hearing of severall of the Kings Leig people, that thou wouldst cutt the legs off, from those persons that would come there to Make A grave which hath bene to the great dishonor of God, contempt of Authority & to the violating the good laws of oure Sovereign Lord the King & this present Govern- ment, and to the great Terror of the Kings Leige people the Abuse of all thy Neighbours. & the Ill Example of all others offending in the like Case; * *
Johnathan Baily being called to tryall & the petty Jury called for and aboute to be called over Mr. Wm. Clarke president being absent when the Grand Jury brought in ye sd Inditement but now being upon the bench told the Court there would be noe Need of A Jury for this buisness for to his Knowledge there was A petition delivered to the Councell aboute it, and the Councell had ordered Something in it, & how it should come ffrom the Councell to be tryed in this Court he did not know, Norton Claypoole Answered that presidt Clarke told him & ffrancis Cornwall yt the petition which presidt Loyd delivered to ye Councell aboute the burying Ground &ct was slighted by the
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SOME RECORDS OF SUSSEX COUNTY.
Councell for as much as it was not directed to them, for Indeed ye petition was directed onely to presidt Loyd when he was here hoping and believing that he would order wee should have the use of oure Antient burying ground as formerly and he told us when wee deliv- ered ye petition that if he stayed long enough viz 3 or 4 days longer he would call A Court and have it done before he went if not ye law was open to us & told us how to proceed Presidt Clarke told the Court if they thought fitt to goe on with it he would goe off the bench ye Jury being called over before the inditement was Read presidt Clark sent for Justice Wynn off the bench and there being but three Justices left proceedings was stopt whilest Justice Wynne came againe then came Johnathan Baily with Justice Wynn & promised before the Court that he would consent that one Acor of Land to be laid oute in the same place where ye burying ground hath bene used, which gave some sattisfaction to ye Court and Country; and as for the Hye way The Court ordered that the same should be as wyde before ye said Johnathans Land as before other peoples howses in the towne Whereupon further proceedings was stopped Justice Wynn signed the said order in the dockett booke.
The Grand Jury brought in further presentments as viz, * We doe Request the Court forthwith to order A Court house & A prison to be provided according to Law that the Inhabitants may not be sufferers the 4th 8 mo: 87.
{ JOHN BELLAMY fforeman.
The Court upon the Examination of ye presentments ordered that Babptist Newcome should be sumoned to the next Court to Answer the suite of ye Court & declaration to be drawne. [I believe this has reference to the building of the Court house.]
[Norton Claypoole and others "petitioned agst ye Estate of Jno Pearce deceased."]
Wm. Emmott Requested that he might have leave to sell A tract of Land by outcrye in open Court by Inch of Candle which the Court Granted * * *
Norton Claypoole Deputy Register ior Probat of Wills and granting letters of Administration &ct shewed to the Court the Inventory of ye Estate of Henry Gitto delivered to him from Henry Smith Admin- istrator of ye sd Estate * * *
The first day of the 9th Month 1678 [sic].
The last 8th Month Court being Adjourned to this day & Now there not being Justices enough in health to hold A Court Procclama- tion was made and Notice given publiquly that there not being A suffitent Number of Justices to hold a Court the buisness thereof is defered to the first twesday in the next Month.
DECEMBER, 1687.
Henry Bowman as Atturney & in the behalfe of Thomas Phillips of Newyorke Merct petitioned the Court for an order agast ffrancis Cornwall Hye Sherriff for the contents of an Execution served on the body of Henry Stretcher for fifty od pounds &ct for that he the sd ffrancis Cornwall Hye Sherriff hath suffered the said Henry Stretcher to have his liberty ever since he was taken in Execution withoute any
121
COURT RECORDS.
sattisfaction of debt or Costs &ct. ffrancis Cornwall Hye Sherriff rendred the prissoner in Court and said that he had bene his prissoner ever since and he had noe better prisson to keep him in The Court having formerly made an order upon the like ocation the 4th Month 1681 upon A petition of Halm Wiltbanck deceased upon the like case viz that the Sherriff shall confine the said prissoner to the house and yards where the said Sherriff doe or shall live untill the said prissoner shall be legally discharged by the Plt and that in the meane time the Plt shall allow the prissoner two shillings and six pence A week for his Maintenance and the like order the Court doe make for all other per- sons that shall be upon Execution for debt untill there can be a prisson built and provided for that purpose. This Court therefore order that said recited order be renewed & Confirmed and if the Sherriff or any Sherriff hereafter untill the prisson be built and finished shall suffer any prissoner (that is under Execution for debt) to goe further then his fenced land Where his dwelling house is then he shall or may be liable to be sued for an Escape. President Clarke signed this order on the petition.
John Vines Verbally petitioned the Court for ffees dew to him as Crowner from the Estate of James Sykes deceased amounting to 2-13-6
* *
* ye Heir viz Nathll Sykes *
* *
Phillip Russell petitioned agst the Estate of John Pearce deceased * *
The last will and testament of John Roades dated the 17th day of 7ber last past was proved * * *
Knights Howard Sonn & Heir to Thomas Howard deceased * *
The Nuncative or Verball Will of James Sykes late of this County deceased being his last will and testament was proved by the Attesta- tions of Allexander Draper and Thomas Price one of ye Justices.
It is Agread by this Court that whosoever subscribes any logs to be gotten for the use of the prison and Court house shall bring ye said logs to the place in the towne where it is to be built in forty days after the date hereof or elce forfeit double the Vallue of the said logs there is to be as followeth: 54 logs at 4/8 ps 15 foote long 1 foote over 8 Inch thick, 16 ditto at 6/8 23 foote 1 over & 8 Inch thick squard 2 sides; every person that undertakes to get any is to take 3 short to one long.
I doe undertake to get 20 logs, Wm Clarke;
and I doe undertake for 04 logs, Tho: Wynne;
I doe undertake 20 logs, Henry Stretcher;
wee doe undertake six short & two long, ffrancis Cornwall, Morrice Edwards;
ffor my selfe & Justice Gray 3 long and 15 short, Henry Molle- stone and Samwell Gray;
I Babptist Newcomb doe Ingage my selfe to find Rafftors and Clabords for A prison and Cover the sd prison the Court finding Nails, Bapt: Newcomb.
Whereas severall persons have complained to this Court they know not where to Cutt their firewood the Court therefore orders that the towne Land shall be forthwith laid oute.
Margarett and Thomas ffisher Administrators of ye Estate of John ffisher dec'd
122
SOME RECORDS OF SUSSEX COUNTY.
FEBRUARY 7th, 8th, 9th, 10th. 1687.
The Justices New Commission was Read, viz [signed] Tho: lloyd president.
Then was Read this following obligation for the New Justices to signe Instead of an oath viz * * *
The Inditement Agst Phillip Russell for suffering persons to play at Cards in his house, was Read to which he pleaded guilty Confessing the same saying it was the first time and much agst his will but the persons was soe Resolute he could not perswade them against it and he the said Phillip promised never to suffer the like againe the Court fined him 5/8.
The Inditement Agst Henry Strecher for playing at Cards was Read, Charles Pickering being allowed his Atturney said he must submitt to the Court the Court fined him 5/8.
MARCH 1st, 1688.
[Case in which "Charles Pickering Executor of ye last Will & testamt of Phillip ThLehamaine" is deft.]
MAY, 1688,
Phillip Russell was the last Court Indicted for selling beer at More then the laws of this Government allow; Referd.
The last Will and Testament of Major Wm. Spencer was proved by the Attestations of the Wittnesses viz: Art Jnoson Vankirk Robt Twilly, and William Emmatt.
[Thomas Ashton, who seems to be living at "Lewis," is alluded to as "late of New Yorke Soapeboyler."]
Susanna Bedwell & Thomas Bedwell Administrators of the Estate of Robt Bedwell deceased * * MAY 2d, 1688.
Norton Claypoole in open Court Delivered three Matchcoats to Christian the Indian Sacamacko for the Indian Right and title of one thousand Acors of Land scittuate in Kent County on this side Dover Rivor aboute three miles from the place that Dover towne is Intended to be built and he the said Christian the Indian did then Acknowledge to have sold given and Granted the Indian Right title and Interest of the sd land being one thousand Acors according to the survey and pattent thereof from him his Heirs &c promising to defend the said Norton Claypoole from the lawfull claim of any other Indian Claiming any Right title or Interest of or to any part of the said land in Wittness Where of he the said Christian have hereunto set his hand and seale the day and yeare first above Written.
the marke X of Christian ye Indian [SEALE]
Sealed and delivered In the presence of us:
WM. CLARK,
THO. WYNNE,
HENRY MOLESTON.
Presidt William Clark Acknowledged the sale of the land mentioned in a Conveyance dated 26th day of the first month 1685 to Johnathan Baily according to the Contents of the said Conveyance save onely the burying Ground and King's hye way to be Excepted as Atturney to John Vines the which Conveyance the sd presidt delivered in open Court.
123
COURT RECORDS.
JUNE 5th, 6th, 7th, 8th, 1688.
Henry Stretcher was the last first Mo. Court Indicted by the Grand Jury for selling of Beer at More then the law directs & allows Luke Watson John Bellamy and Thomas Bessant was Attested & Tho. ffisher one of ye Jury Instead of All Draper the Petty Jury went oute upon this Cause & the other below both together and brought in their verdict Wee of ye Jury find these Indictments not to be according to law testis Jacob Warring fform.
Phillip Russell was the last first Mo Court Indicted for selling of beer at More then the law directs or allows; tried with the Cause above both together and the above Verdict Relates to this.
John Browne Shipcarpenter Acknowledges sale of two towne lots with ye houses and fences thereon * *
Charles Sanders and Wm Rodeney ye evidences to the last Will and Testament of Major William Dyre deceased proved the same to be his Act and deed and allsoe tested yt the sd Major Wm Dyre Ac- knowledged the same to be his last Will and Testament.
Upon the Request of Comfort Roades Widdow Administratrix of the Estate of John Roades that ye lands and provissions may be omitted in ye Inventory The Judgmt [sic] Court is that Whereas there is Estate suffitient to sattisfye all debts & demands besides they order that the lands and provissions for the use of the family shall be left oute and omitted in the Inventory.
Upon ye 16th Day of the Sixth Month 1688, Rachel Claypoole Widdow Haveing Desired Luke Watson Senr. and Thomas Oldman To bee Appraisers of ye Goods and Chattells Now in her posses- sion, being ye Goods & Chattells of her Late Husband Norton Claypoole (Deceased) The Common Appraisers not being at hand Justice Thomas Wynne being present attested ye abovesaid Parties To Doe Justice To ye best of their knowledge according to Law in ye Premisses.
Testes THO WYNNE
Rachel Claypoole (Widdow) being Attested to Bring in a True acot of ye Estate Goods and Chattells of Norton Claypoole her hus- band Deceased did Give in an Inventorie of ye same Bearing Date as abovesaid To ye best of her knowledge As will appear by ye Said Inventorie.
Reserving to her Selfe One Bed and furniture Togather with waireing apparell and ye Plantacon She lives on.
Test THO. WYNNE NEHEMIAH FFIELD
JUNE 6, 1694. [Court of Common Pleas.]
Robert Bracee Senr acknowledged unto his Son Robert Two hun- dred acres of land being Part of The Tract of Land hee now lives upon, according To Conveyance herewith Also Desired The Court would Take notice That if hee Should happen To Die without Will, That hee Bequeaths unto his Said Son Robert his Heirs & Assigns The other four hundred acres which hee Calls and Reckons To bee his home Plantatcon and Two hundred acres more which belongs To ye Said Tract which is in all 800 Acres, hee also Gives and bequeaths
124
SOME RECORDS OF SUSSEX COUNTY.
unto his Said Son his Heirs and Assigns if the law Can Recover it hee having made ye Said 200 Acres over in Cot. to ye Children Mary and Elisabeth.
his ROBT. R B BRACEE mark
In an Acon of Defamacon. Luke Watson Senr Plt, Henry Bow- man deft. The Suit ffell by ye Deft Death.
In an acon of ye Case. Mongo Crafford & Wm Orr in Comp Merchtts Plt, Thomas Tillton Deft; withdrawn By ye Plt.
Albertus Jacobs Coronr made Returne of ye .Jurie of Inquest Verdict upon ye Death of Edward Benbrick found dead ye 29th day of May 1694 which was Thatt hee the Said Benbrick was accidentally Drowned By Riding Over ye Broad Kill Henry Strecther fforeman.
True Returne ALBERTUS JACOBS, Coronor.
The Last Will and Testamt of Cesar Godwin Deceesed was Putt into Court by ye Widow and was There Read and Proved.
SEPTEMBER 4th, 1694.
Nehemiah ffield Published his Deputacon for Dpty of ye Rolls Clarke of the Provincial and Probate of Wills and was Sworne in Open Court. The Oath administred by Capt Thomas Pemberton.
The Court appoint Woodman Stokely Overseer of ye Highwayes for ye County Bounds on ye South Side the Indian River, and Morris Edwards for Rehoboth hundred Henry Moleston for Cedar Creek Hundred And William Piles for ye Towne Hundred all ye Inhabitants belonging to Rehoboth Hundred between Bundicks Bridge and Pot hooks Creek are ordered by ye Court To assiste Woodman [sic] Morris Edwards Ordered by ye Court That The Widow ffisher Richard Law and Timothy Dowgan be hereafter Deemed 4 Inhabitants of the Towne Hundred and their Plantacons within the Precincts of the Same.
The Court Orders Thatt warrants shall be Issued out unto all ye Constables of Each Respective hundred in this County To Bringe in at December Court Next an Exact list of all the Titheables within the Same, as also by Taking from ye said Titheables own mouths what Quantity of Lands they Hold.
SEPTEMBER 5th, 1694.
Whereas There hath been some Differences and Disputes about ye Bounds of the Town of Lewis It is ordered by the Court To pre- vent farther such like That ye Sheriff and the Surveyor with Sutable assistance Doe forthwith Run out ye Side line That Runs along by ye Land of Abraham and Isaac Wiltbanck And ye Land of John Williams, as also ye other Side line That Runs along by ye Land of William Dyre.
[* * *- Richd Paynter Iunior in the Right of his Wife Jane Executrix of William Swetnam Decesd * * *] [The name is spelled also Swetman.]
DECEMBER 4th, 5th, 1694.
Barnes Garrett and Anthony Haverley being sent for To Charles Spooner upon his Death Bed, hee ye Said Spooner Did Desire them To take notice of and To Take Care That his Wife Should have Enjoy
125
COURT RECORDS.
and possess all his Estate Goods and Chattles both Real and per- sonall to her own proper use and Disposall as She sees meet *
* * Susanna Gray Produced in Court ye Last Will and Testament of Samuel Gray her late Husband Deceesed and Proved the Same by Saml Preston and Michael Chambers 2 Evidences to ye Same Will.
Robt Bracee appeared in Court and there produced an Indenture wherein hee had Bound his Daughter Elisabeth Bracee unto Richard Paynter Junr untill She Arrive to ye age of Seventeen Years being now according to ye tenure of the Indenture Six Years of Age which Indenture Bears Date ye 30th Day of November 1694 * * *
The Clark Produed [sic] in Court a List of Laws which the Secretary had Sent Down which were Openly Read Over * * *
The Said Grand Jury also Gave John Hill Six Pounds ffor ye Grand Juries Years Accomodacon And the Court house. And unto Capt. Watson Capt. Pemberton and Roger Corbett Six Pounds a peice for their this Years Service in Assembly.
MARCH 6th, 7th, 1694.
The Court Gives liberty for a Dictche to bee Cutt through the most Convenient Place Of the Towne of Lewis into the Creek for thee Con- veniency of Drayning of the Sevanna On ye back part Next the Second Street Lotts; And Orders That ye Wacant Ground That lies between the Lott of Nehemiah ffield And the four Acre Lott of Capt Pemberton Adjoyning upon Richard Holloway bee Reserved for a Markett Place, And the Vacant Peice of Land Next Adjoyning on the South West Side of John Miers his Lott to ye Block house Pond And between the Block house feeld and that, To bee used as a Common burying place.
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