USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 2
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"Yor very Loving Friend FR. LOVELACE.
"FORTE JAMES IN NEW YORK
"the 7th day of Octobr 1672"
Captain Cantwell to Governor Lovelace about the affairs at the Whorekil:
"N. CASTLE ye 10 of December 1672
"RIGHT HONORABLE SR :- Yor Honor writt Mr Aldrichs of my not writing to yor honor I had writt to Capt. Nicholls att Large of what I heard and saw in Maryland.
"I thought Capt. Nicolls would have informed yor honor of all I heard so much that my Lorde thus intend for to keepe ye Whore kill. "I saw Jones procure and seas all Indyan goods or skins att ye Whorekill and one Smith ye Judge of ye Cort att ye Whorekill tould me that my Lorde Baltemore gave him order for to drive a 20d naile in ye touchhole of ye greate gun and seas ye guns and millstones att ye Whorekill.
"His Commmission was so Large as yor honor can imagene, when I came to St. Mary's Jones went to ye Governo and he writt upon ye backside of his Comission that he would maintain his Comission.
.
"I tould them that itt was folly for them to strive against yor honor's power and tould them if yor honor gave but order for to beatt a down all ye servants would come away from them, ye most part of ye people thus fear that theire servants will run away from them all ye people will be glade submitt themselves under yor honors
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CIVIL RECORDS.
Government and they plainly say that they will not Resist yors honors power nor will have noting to doe with what my Lorde has done &c &c
"To Command
"ED CANTWELL."
Order for the Administration of the Horekil Precint :-
"At a Council in New York April 14, 1673 It is Ordered, That a Commission be sent to ye Officers & Magistrates at Delaware to goe to ye Whore-Kill, there to keep a Court in his Maties name, & to make inquiry of all Irregular Proceedings, & to settle the Govermt and Officers there as formerly under his Maties Obedience, & the Pro- tection of his Royall Highness, for the wch there shall likewise be sent particular instructions."
The Dutch having retaken New Netherland there was Council held at New York September 12th, 1673, at which the Deputies from the South River appeared and presented their credentials.
It was decided that "The court for New Amstel shall have jurisdiction over the inhabitants of the east and west side of Christina Kil as far as Boomtieshook" and "The court for the inhabitants of Hoere Kil, to have provisional jurisdiction over the people on the east and west side of Cape Hinlopen and northward to Boomties Hook."
Pieter Alrigs was made Schout and Commander of the South River of New Netherland.
Appointment of Magistrates for Horekil District :-
"28. 9bre. His Honor the Governor, has selected, upon the nomination by the inhabitants of the Horekil, the following persons to be Magistrates there for the next year:
"Mr. Harmanus Wiltbank
"Sander Maelsteyn
"Doctor Jan Roots (Rhoades)
"Willem Claessen."
The Dutch having ceded New Netherland to the English, Governor Andross issues an order November 2d, 1674, for the reinstatement of all officers who were in the English service before the occupation by the Dutch, "Excepting Peter Alrick, the Bayliffe, he having proferrd himself to ye Dutch at their first coming, of his own Motion and acted very violently (as their cheife Officer) ever since."
Commissioners of the Colonie on the South River to the Burgomasters of Amsterdam, 1663.
"Your Worships will also please give orders about maintaining possession of Ciconicing or Whorekil, inasmuch as by the discharge of the soldiers, it runs the risk of being occupied by the English,
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SOME RECORDS OF SUSSEX COUNTY.
since it is very fertile and well prepared land, and lies on the sea at the mouth of the river."
J. Alrichs writing from New Amstel, August 16th, 1659, to Amsterdam, says:
"A new fortification and settlement were made at the Whore or Sickoneysincks Kil, which have been daily visited.
"In respect to the 3 persons sent as Councillors, the first hath asked for and obtained his discharge; the third, who was Commis- sary, is dead, and his place still vacant.
"The second should command at the Sickoneysincks Kil, in order to establish possession and government firmly there."
LETTER.
Helmer Wiltbank to Governor Andros; Lord Baltimore about to renew his claim. Rebellion in Virginia.
"RICHT HONOBLE GOVERNEUR,-Yours receaved the 18th of this Instand month wear in wy understand your great Cear & diligenth of us wich my durender to your Honor menny tanks wear in wy doe inform your Honor that wy ar in good Helt Lickwise thear is good Hops of success & situatie of this plaets by menny persons both out of Virginnia & Merryland & heave also reseaved ohn halfe barrel of powder which youe thet sent by your schaloop & given alsoo menny tanks to your Honor for your good instruction and schal mack as good jus af them as possibelly Lays in our pour & Schayl how that your Honor thet deseir af occasion thet requeir a piloot for your Honors Schaloop; thear was non keapabele her & your Honors Schaloop meester thet not much question his gohin well.
Wy doe hereafulger raport from the Commun people in Merry- landt that the Lord Baltomore thus ar immagine to Heave this pleats again but wy doe wenset & wy thacht fit to give your Honor notis af at.
Lickewise her is dayly severale persons Cummin out of Virginia which brings news that the rebellion thus Continue still against thear gouverneur & gouverment & Lick to be wors which is a great dis- hartening to all payes & sober meyndeth people. Not else but your Honors servant to Commaund & pray for your Honors good helt & success in your gouverment. "HELMS WILTBANK.
"1678 this 26th of February at the Whorekil.
"Her is prsent news out of Accumacke that ther is twoo fregats is Com in & that the heave brought the Contre to a pays again & moor thy my Lord Baltomore heave gott a grant from his Majesty fors is land & that the seam scud follow fourtnight after the fregats thet seth outh.
"These for the right Honoble Gouverneur Ed. Androsz at New York."
At a special Court held at Horekil, March 19th, 167ยง, Mr. Helm. Wiltbank, Mr. Edwd. Southrin, Capt. Paul Marsh, Mr. Alex. Molestine, and Mr. John King, Justices, being
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CIVIL RECORDS.
present, John Stevens petitoined for a resurvey of some land he had purchased from William Willoughby and Robert Dicks.
At a Court held May 14th, 1677, William Planer for con- firmation of title to land on Slater Creeks claimed by Randell Revell.
A letter from John Audrey, the Horekil, September 10th, 1677, to Governor Andros:
"MY LORD :- I Am At present in A very weeke Condishion And have not ben out of my hous this siks wekes having And still have a fever Every Day In as much I cannot goo on hundred yardes from my hous If it would save my life.
"The holl pepell of the plas knows it your owner knows the thing That I am broute Thether Is nothing Consernin me but It lies be- tween Peter Groondike And docter Smith And Allsoo what I did was to the best of my knowledg not having and consenting with on of them mor then the other soo humbelly Craven your owner to Conider my Condishon I shall Ever Remain your owners most humble servant. "JOHN AUDREY.
"MY LORD :- The intent of Mister Smith was to have Com with me in my boat And had it not ben for Mr. Helmanus Willbank for he toulld me he was intended to Com to the falls in his own boat which was the occashun I Left him be hind me. "JOHN AUDREY."
HELMER WILTBANK TO GOVERNOR ANDROS. "WHOOREKILL Sept. 18. 1677.
"HONORABLE SIR: Whereas by accidentiall of sum sickness of body by feavor & ague and Lameness of my one Legg Cannot by no possibility appear at the High Court of assize please yor Honor to pardon mee.
"Have but this onely to say for my selfs that up the Relacions of Peter Groenendike in the matters between the sd Groenendike & Henry Smit I apprehend & understood at that time with rest of the Jury buth Groenendike afterwards goth Abraham Clement with a petition that wy migt Recalle our verdict & Groenendike spoocke himself to mee sum time whit treatning that the Jury hath given his monny away & further sayeth that of so bey wy would petition to the Court I may have Rehearing this would bee the easiest way and the least Chardge & so I tocht the Jury may have him done wrang not noying & of soo bie the Court would give rehearing what is that to the Jury being from thear oath & the writtens out of thare aknowl- edge which being to mee understanding to have Rehearing on a Re- examination as being not perfect to Distinguish the Circumstanges of many English woords or speaches by which Referr myselfs unto yor Honor favor, futher acquainting yor Honor of one Major John West out of Accumacks in Virginia whom hath writ unto mee about a Considerable quantity of Land for himselfs & sum partners of him which Land being Just to the Northward of the supposed Cabo Hinlopen seperating itself from itselfs from the sd Cape with one Inlett and a Creeke Comly called by the Indians Assawarnon the
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SOME RECORDS OF SUSSEX COUNTY. .
which I have mentioned unto your Honor In my former Lettr that they of Merrylandt have made sum certaine survays by thiere prtended Right, the which sd Land the sd Major West affirmes by his Lettr to settle Immediately In his R. H. right soe he the sd Major West may obtaine good Incorredgement and bee protected by yor Honor hee being a very able prson with a vast Estate to which End I have answered his lines that what soever previledges & Incorredge- ment might or could be Expected from yor Honor should not bee wanting therefor of yor Honor pleased to Express any particulars in such a Concerne to setle the utmost bounds and Limitts of the government Refer the same unto yor Honors wisedome & discretion, otherwise it is lukly to be settled by them of Merryland these winter as far as I Can understand.
"One favor shall request of yor Honor that whereas it was your Honors pleasure the last yeare to depute mee for one of the Magis- trates for these partes which now the time of Limitation thereof being Expired therefore hereby begg yor Honor may be pleased to discharge mee by Writ of Ease shall Humbly thank yor Honor for the same Being but little learnet and weak of apprehension & under- standing of the Lawes; have no more at prsent to acquaint yor Honor onely take leafe to Conclude & Remaine with all due Love & Respect
"Your Honrs humble Servant to Command "HELMS. WILTBANK."
Wiltbank and the other Magistrates to Governor Andros November 13th, 1677. "A petition from Thomas Well- burne, merchant, In behalfe of himself and partners and William Anderson of Accomack County Virginia."
These petitioners had had their land surveyed by Cor- nelius Verhoofe; Verhoofe sent the certificates to Captain Edward Cantwell, General Surveyor, to register and sign. Cantwell erased the names of the lawful owners of the grants, Welburn and others, and substituted names of his, Cant- well's, friends, Henry Streeter and Abraham Clements.
CIVIL AND MILITARY APPOINTMENTS FOR HOREKIL.
November, 1674.
Capt. paull Mash, Lieut & prsident of the Court;
Mr. Helmanus Wiltbanck, Justice, Sheriffe & Collectr;
Mr. Alexander Molestede, Justice;
Mr. John Kipharen, Justice; .
Mr. Otto Wolgast, Justice;
Mr. Daniell Browne under Sheriff & Constable.
1675, June 25.
Mr. John Avery, Lieut, & prsident of the Court; Mr. Edward Southrin, Justice.
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CIVIL RECORDS.
"At a Court held for the Whorekill The 11th day of June 1678. Mr. Helms. Wiltbanck: Concerned
"Com: Mr. Henry Smith, Mr. Alex. Molestine, Mr. Edward Southrin, Mr. John Roades, Present. Concerned.
"John Roads Plt, Helms Wiltbank Deft.
"By reason of the Death of Mr. John Backstead & Absence of Capt. Paul Marsh there was not magistrs for a Court, therefore by Consent of both parties & the magistrs it is Referred to the next Genll Assizes at New York for tryall.
"Vera Copia.
"Test. CORNELIS VERHOOFE Cl. Co. Whorekill."
More trouble with Avery. Letter to Governor Andros.
"WHOOREKILL ye 30th June 1679
"HONNORED SR :- Yor Honnor hath beene pleased to Joyne mee in Commission with others As a Magistrate for this County, which I have ever sence bene both willing and radye to sarve you and my Countrey to the best of my Judgement and having that Trust reposed in me I Looke upon myself oblidged to Inform your Honnor of suc miscariges and misdemeanors as happen or fall out that cannot be rectified here; And that is the Grose Abusses that hath bene com- mitted by Capt John Avery presedent of this Cort. both relating to the Trust reposed in him and otherways.
"1st. That when the rest of the Magistrates could not consent to doe and determaine things as he would have it; Contrary to our Judgement he have in greate Rage and feury went out of Court Curs- ing and swaring, Calling of the rest of the Court ffooles, Knaves and Rouges; wishing that if ever he satt amongst us againe, that the devil might com and fetch him away, and also threeting and prently after did strik one of the Magistrates with his Kane, and had he not bene prevented by the spectatours, might a done much damage that way.
"2 Hee Tooke upon himself to Marry the widdow Clament to one Bryant Rowles, without publiquecation notwithstanding she was out aske at least a Month to another man, namly Edward Cocke; The which when the said Cocke hard that she marryed to another man said that it would be his death And presently went home fell sick and in forty eight hours dyed; he left it on his death that her marrying was the cause of his dyeing.
"3d Hee took upon him to grant a Licence to Marry Daniel Browne to Susan Garland widdow, without any publiquecation, which Mar- rige was effected, notwithstanding it is Generally knowne or at Least the said Daniel confesses that he knows no other but that he have a wife living in England.
"4thly One Judith the wife of Thomas Davids being subspected to have stoole sume goods from severall persions the goods being found in her Custidy was held in examination by me and at ffirst she did Confidently Affirm that she brought the sd. goods out of Mary Land and that thay ware hur owne Lawfull goods, but well knowing that it would be proved otherwise, did soone Confess that she did steale them and from whom, upon hur Confession made hur *
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SOME RECORDS OF SUSSEX COUNTY.
and Commited hur to the Custidy of the Constable till the next Court then following; but soon after Capt. Avery sent a noote by hur Hus- band to the Cunstable requiring him to give hur hur Libierty threeten- ing both me that had Commited hur and the Cunstable that did detaine hur soe that the Cunstable being subprised with fear did discharge hur out of his Custidy.
"In short he the said Capt. Avery is an Incouriger and upholder of Dronkingnes Theeft Cursing, swaring, and ffighting to the Affrighting, Amazing, and Terifienge of his Majties quiet and peacable subjects: Whoes grose weelkedness and Unhuman conversation, if a timely stop be not put to it, may justly be expected to bring downe Gods Heavey Judgment upon this place.
"5thly. I goeing into the house of Helmanus Wiltbank on the fifteenth day of this Instant June being the Lords day whare the said Capt. Avery was drounk, whoe soone after brooke out in a greate Rage and feurey (without any provocation) Calling me beagerly Rouge and theefe with many more reflexting speachess, saying that he would prove me Rouge and Theefe and that I was not worth one grot. I did till him that if he would not give me satisfaction for the Abusse he had Cast upon me that I would sue him, To which hee replyed, The he would faine see any Magistrate, that would dare to signe a warrant or sumeance Against him, And that what he had said he would not be accountable to any Court, but onely to the Governor and that he is above any power here; soe that the other Commis- oners have Refeused to to signe a sumeance Against him: he Curses and swares at such A rate, that he ffrights all others from doeinge any thing in order to bringing him to Justice, &c &c &c
"Your Honnors Obedeant and ffaithful Servant
LUKE WATTSON."
" At a Court held for the Whorekill, July 12, 1679. " (Capt John Avery)
"Comrs: Mr. Francis Whitwell, Mr. Alex Molestine, Mr. John Kipshaven, Mr. Luke Wattson, Mr. John Roades, Mr. James Wells, Prsent.
"John Richardson petitioner.
"Whereas the petitioner hath made Appeale By the Evi- dence of John Bridgs there unto sworne and Mr. Francis Whitwell Confirming the same that hee the said petitionr was by his Tenant Thomas Crompton the first Setler In Build- ing Clearing and manuering the said Land according by a Certificate Bearing Date July 18, 1676. The said tenant Silently Departed by which one John Stevens or his order having taken possession of the said house & Land which said Clayme and possession taken by said John Stevens, Doth not as yet Appeare to the Court to bee the said Stevens his Just Rights &c.
"CORNELIS VERHOOFE C1. Co. Whorekill."
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CIVIL RECORDS.
At a meeting of the Court July 25th, 1679, the above de- cision was reversed and John Stevens was put in possession of the land. In 1676, August 18, John Richardson and Thomas Crumpton, of Dorchester County, Maryland, had en- tered into an agreement about a piece of land on the West side of Delaware Bay called Duck or Duke Creek.
In 1678, Captain Nathaniel Walker, had had a grant of six hundred and eighty acres at a place called Cedar Neck, between "Rehobah Bay and the Indyan Inlett to the South- ward."
Secretary Matthias Nicolls wrote to Captain Avery, 1679, to see to it "that Capt. Walker may no longer bee delayed, about his patent."
The decision of the Court in giving John Stevens posses- sion of lands in dispute does not seem to have satisfied Stevens, for we find September 10th, 1679, that he had written to Edmund Cantwell, at New Castle, asking whether Cantwell have authorized one Thomas Phillips to grant war- rants for land.
Cantwell said that he had not and he did not give John Richards or Richardson a warrant for more than three hundred acres of land. Cantwell had only seen Richards or Richardson once at the house of John Edwardson in Chaptonke.
Richards used both names Richards and Richardson.
John Stevens was living on Thomas Crompton's land July 7th, 1677.
"Commission to the Justices at ye Whorekill Oct. 8, 1678: John Avery, ffrancis Whitwell, Alexander Molestein, John Kippshaven, Luke Wattson, John Roades, James Wells."
October 30th, the Court at Whorekill granted a piece of land to Walter Dickeson. The land was on St. Jones' Creek.
John Stevens has more trouble, having ejected one John Glover.
Griffith Jones was attorney for Glover and on the twenty- sixth day of January, 1678, had made a deed for the land from John Richardson of Dorchester Co. to the said Glover. Samuel Styles had formerly lived on the place.
The case was tried February 10th, 11th, 12th, 1628.
The pannell of ye Jury :- Mr. Edward Southrin, Samuell Gray, Otto Wolgart, Helms Wiltbanck, Daniell Browne, George Young, William Firtcher, John Hackister, Richard Levick, Charles Johnson, Richard Peaty, Thomas Howard.
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SOME RECORDS OF SUSSEX COUNTY.
A copy of a land warrant dated July 18th, 1676, and signed by Thomas Phillips, Deputy Surveyor, read as follows :-
"Laid out for me John Richardson and James Shackleday & John Richardson Senor a tract of land &c.
"The Deposicon of William Watson aged 34 yeares or there abouts Sayth yt in ye yeare 1676 Sometime in ye month of August or there- aboute he came in company of Jno Richardson to Thomas Phillips his house wth some others and ye sd Thomas Phillips Jno Richardson & others did goe to ye branches of Duck Creeke and there did see a howse upon a branch side and ye Thomas Phillips and Jno Richardson did say yt hee ye sd Jno. Richardson did build ye same &c &c.
"Sworn in open Court December 10, 1679.
"Christopher Jackson aged 30 year. Edward Ryan aged 36 years and Peter Bawcombe.
"The last one, Bawcombe heard Robert Dick and William Wil- loughby say that they Never would come up to seate their land if they could have given all ye land in thes parts for ye Plague and trouble of ye muscitesh and would sell their land to yor Depont for a pr of shoos apeece."
CENSUS FOR CEDAR CREEK, 1680.
Robt Hart, 3 in family ;
upon Joseph Cowdree plantation, 3 in family ; Mr. Bowman, 2 or 3 in family ;
George Collens, on Shackelys plantation ;
Jno Curtis, 4 in family ;
Jno Richardson, 6 in family ;
Thomas Groves, 2 in family ;
Thomas Heiffer, 2 in family ;
Alexander Ray, 2 in family ;
Thomas Williams and John DeShaw, 2 in family.
At a Court held at Horekil, June 7-18, 1680. Walter Dickson (Dickinson) plt., Barnard Hodges deft.
"Samwell Stiles aged 44 deposed that John Richardson came with severall other persons to the house, that John Stevens seated him upon neare Lettle Creeke in the Whoore- kill precents; and demanded him to give the sd Richardson possession of the howse and Land &c. Verdict for the Plaintiff."
Luke Watson, John Roades, John Kipphaven, William Clark, and Otto Wolgart, Magistrates, to Gov. Andros re- lative to a Prison and Court House, Surveys and Settling of Land.
"HONORBLE GOVERNOR: The commission wee have received And in obedeance there unto have proceeded &c. whereas there have
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CIVIL RECORDS.
heatherto bene a neglect in geting A prison here; for want of which there have bene not long sence a prisoner for debt, whoe was A stranger made his Escape; which may prove damage either to the County or Sherife; for the preventing of the like for the futter: we have ordered A prisson stocks and wheeping post, forth with to be built, which will cost between three or four thousand pounds of tobacco; here is also a greate want of a Court house, which will cost five thou- sand pounds of Tobacco; our request is that thee will be pleased to Impower us to make a Tax; to Leavy the same on the Inhabitants; There was sume Certain Land formerly laid out by Capt Cantwell for a Towne; which was to be devided into Lots of 60 foot in breadth and 200 foot in Leingth; and the Land and woods that lye back was to be common; for food for cattle and firwood, it being in all about 130 Acres of Land; Sence which time Armainas Wiltbank have got the said land survayed; but we doe not understand that he have any pattent for it; hee demands a bushell of winter wheat a yeare of any person that shall build upon the said Towne lots; which is soe high a rent that it gives noe Incouragement for any to build; we should think one-halfe of that rent would bee anouffe; but that we leave to thy ordering and to whom the rent shall be paid; whether to the duke of York or to Armianas Wiltbank; here is a greate marsh that lyes at the north west side of the Towne, which if it should be at any time here after taken up by any perticolar person it would be a great Inconvenancy to those that doe or shall here after live here; as also the Cape, whare there is good pin Trees for building; the Land Lettes worth; both which wee desier may Lye in common for the use of the Towne; It hath bene spoake here as if thee ded intend as an Ease to the Court to Impower the survayor to grant warrants to Lay out land to such persons as shall Come to take it up; But wee being senceable of the Ill Consequence that will attend that, doe desier that thee would be pleased to forbear giving him any such power; for our precents is now but small; And he for the Lucker of geting the more money will lay out such Large tracts of land for a perticolar person, that might sarve many famileys to live Comfortably upon; theare have been Expearance of the like; As when Capt. Cantwell had the same power he survayed Three Thou- sand Acres of princable land at prime hook for Henry Smith; And others of the like nature might be mentioned; And wee have good cause to resolve for the time to Come to grant less Tracts of Land to perticolar persons then have been formerly granted; for this County as it is now divided is not above halfe soe big or Large as St Jones; nor will not hold halfe so many people; neither is the Land soe gen- erally good as that is; And this being the Anciantest place wee thinke with submission might a bene continowed at least Equil with the others; which if thee please may be redressed in the next commis- sion or sooner, which may be by deviding by Murther Creeke and soe downe wards; when Capt Avery was in commission he ded pe- tition the Court for three Thousand Acres of Land for three persons living in Acomack, which the court ded grant to be taken up in any part of these precents that was not allready survayed and taken up; sence which Cornelous Verhoofe have at the request and procure- ment of the said Captain Avery and one of the three persons of Aco- mack survayed and Laid out the said three Thousand Acres of land
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SOME RECORDS OF SUSSEX COUNTY.
at prime Hook; most of it being the land that was taken up and seated by Henry Smith; now, wheather or noe thee will Allow the said Henry Smith the three Thousand Acres of land by him taken up and seated; wee doe not in the least dispute; But how ever wee humbly conceave that no part of it ought to a bene survayed for any person what soever without a speacell warrant obtayned from thy Honr; It hath bene too much in use here for sume persons to sall land before they make any plantation or Settlement thereon Es- peacally by Capt Avery, who have sold severall parcells of land; by which he have gotten greate quantitys of Tobacco; wee would bee willing to have thy positive order as to that Concerne; whether thee allow of such things or not; Thee were pleased to send a Caske of powder heather for the service of this place; which powder hath bene all sold and Imbarseled away by Capt. John Avery to the Ind- ians and others, and if there should be an occasion for powder here, there is not any to be got here for money.
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