USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 3
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" Wee having as in duty bound laid these things before thee, doe deseir that thee will be please to give such order and direxions therein as in thy greate wisdome shall seeme most meete; the which wee shall bee rady to observe and follow &c.
"TRUE SERVANTS."
When the above letter was written the County of St. Jones, now Kent, had been taken from the Whore kil, leaving the Whore Kil thirty miles long and twelve to fourteen miles wide.
The Courts were still held at the Whore Kill, now Lewes, and the people for St. Jones County had to bring all their legal matters to the above Court. It would be bad enough now for the people of Kent Co. to have to attend the Court at Lewes, but it was far worse in that day.
They petitioned the Governor, "Sr. Edmond Andros, Knt Seigneur of Sausmarez, Lt. and Governor Generall under his Royal Highness James Duke of York," as follows :-
"Wee whose names are hereunto subscribed living and ambitious to abide under the sunshine of yor Honrs Govermt Inhabiteinge in the upland part of the Whorekill County.
"In all humble manner shew unto yor Honor the great greivances, Hazards and perills both by land and water that wee undergoe in goeing to the Whorekill Court nott onely the distance being to some of us 50 some 60 miles want of Comodacons of man and beast there, butt the unpassable dangerous waies by reason of perillous Creeks which many tymes cannot bee past over by man or beast the hazardous large Marshes and myreous and difficult branches &c.
"Yor Honor will be graciously to order authorize &c a Court to be held in some convenient place in St Jones Creeke &c that all persons Inhabiteinge from the North side of Cedar Creeke to the South side of Blackbird Creeke be ordered &c and deemed within the Jurisdiction of the said Court &c &c.
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CIVIL RECORDS
" And wee as in duty bound shall ever pray for Yor Honors health and happiness That Age may Crowne your Snowy haires with Cesar's Honors and with Nestor's yeares.
Griff Jones
John Walker Wm.
John Glovear
Walter M Powel
Robt ffrances
Robert Porter
George Martens
Alexander Humphrey
Arthur Alstone
Jafeth N Goesen John Brinklo
Henery Plomer
Isaac Balsch (?)
Gabriel Jonses
Robert Millen
Thomas Bolsticke
Christopher Jecsons
William Millen
Simon Frounsen
David Margin
John Dawson
John Brigs
Abram brate
Henry H. Stevens
William Berry Jr
Isack Webe
John hilard
John Lloyd
John Webster
Richard Griffin
John C Barrett his marke
Allesxander Raey
Robt. R Pernatry marke
Daniel Jones
Thomas Cliford
John Rechardson Jr
Wm W.
John Getes
A. Alston
Eauan Dause
Robert bedewel
ffran. Whitwell
John Conely
Richard Louicks
Petter Bawcom
Ed Prince
John Cortes
John Baswell B his marke Jno. Dishaa
Thomas William
Daniell Arnestead
Benoni Barnes
Thomas Grover
E. Pack
L. Orema
Thomas Hill
Robert Johnson Jno. Haye
The shipe going away wee had nott time to gitt ye rest of there names butt wee think there may bee about 100 tithabel.
A notice dated June 21st, 1681, was sent from New York to the Justices, &c., residing in the New Province of Pennsylva- nia, releasing them from their allegiance to the Duke of York.
An order from New York, dated August 15th, 1681, di- rected the Magistrates at Deale, alias Horekil, Del., to search for the records, retained by Cornelis Verhoofe, the former clerk.
Verhoofe had been dismissed for various misdemeanors and he refused to turn over the records to William Clarke who was appointed to succeed him. By an order dated New York, November 21st, 1682, the "Magistrates and other officers att New Castle St Jones Deale als Whore kill att Delaware" were notified to "Submitt and Yeald all due obedience and Conformity to the Powers Granted to the said William Penn."
This separates the three counties from New York and annexes them to Pennsylvania.
Settled by the Dutch, captured by the Swedes, recaptured by the Dutch, captured by the English, recaptured by the Dutch, ceded to the English as a part of New Netherland,
Thomas Heffer
John R. Richeson
John Barton
William Spartes
22
SOME RECORDS OF SUSSEX COUNTY.
separated from New York and annexed to Pennsylvania all in the space of fifty years.
Perhaps the people of Delaware were getting very tired with the many changes and had quite made up their minds to run the State or Three Lower Counties, as an independent body.
At a "Councell of the Province of Pensilvania, and Terri- tories Thereunto belonging" held at Philadelphia March 10th, 1682, John Vines who had been Sheriff before the Hore Kil or Deal had changed hands is reappointed "Sherif of the County of Sussex." The name of the County is changed to its present title. The members of the Assembly from Sussex County were William Firtcher, John Kipshaven, Alexander Molestine, Robert Bracy, Senior Thomas Bracy, John Hart, John Clowes, Luke Watson and Cornelius Ver- hoofe, &c. There were "12 Deligates out of each County with power to act as the Provinciall Councelours & General Assembly, and it being proposed to the elected members aforesaid if they were chosen to serve in both those capacities, they answered they were; That is to say, three of each Twelve for the Provinciall Councill, and the remaining Nine of each Twelve to constitute the General Assembly." March 29th, 1683, William Clarke represented Sussex County in the Council and Luke Watson in the Assembly. There was an appeal from a decision of the Sussex County Court at this Council; John Bellamy, plaintiff, and Luke Watson, defendant.
It was about land at Prime Hook bought by defendant from Captain Henry Smith. It was ordered that "the plain- tiff pay to the defendant for his improvements, &c., adjudge by three Commissioners appointed by this board, Jno. Roads, Robt. Brasey and Alexander Draper of the said County, or any two of them."
As Bellamy had not paid for any part of the improve- ments October 27th, 1683, the Council order "ye said Luke Watson, do Peacebly Enjoy the sayd Plantation till ye said John Bellamy hath payd or given sufficient Security to pay the same."
The Council sent two letters to Kent and Sussex concern- ing the meeting of the General Assembly to be held at New Castle, May 10th, 1684.
At a Council held at Sussex August 14th, 1684, Luke Watson and John Bellamy agreed before "ye Govr & Councill
23
CIVIL RECORDS.
as followed" Luke to continue upon the three hundred acres at Prime Hook, "whereon are his improvements, together with the 200 acres adjoining thereto * * * John Bellamy to have 457 Acres as p. Pattent, being for- merly the lands of One Wm Canes, and seated by Prentice."
At a meeting of the Council in Philadelphia, September 28th, 1685, Philip Russell was granted a "Lycense" to keep an Ordinary or Inn at Lewis.
This Inn was located at the South corner of Mulberry or Knitting St. and Second St. The house is still standing and is occupied by the widow of the late Charles Marshall. John Hill was made Sheriff January 9th, 1685, and Henry Bow- man was made Ranger for the County of Sussex. Joshua Barkstead was appointed "Atturney Genall for ye County Sussex," April 9th, 1686.
In 1686 Luke Watson was notified by the Assembly "to forbear to give his attendance until further Order." Luke had threatened the life of his brother-in-law, Henry Smith, and the Council thought best to exclude Luke until the mat- ter was looked into.
Henry Bowman came before the Council May 12th, 1686, and declared that "Luke Watson's Brother-in-law (one Smith) told him yt the Difference between him & Luke Watson was ended."
John Roades kept an Ordinary in Sussex County, 1686. The same year William Clark was elected to serve in Council for the next three years; Samll Gray, John Vines, Hen Bow- man, Norton Claypoole, Albert Jacobs, Hen Stricher, for the Assembly.
August 5th, 1686, at the Council Room in Philadelphia Justices Commission "be fortwith drawn to Commissionate Wm Clarke, Jno. Roads, Tho. Langhorne, Tho. Price, Robt Clifton, Samll Gray & George Young."
-
March 31st, 1687, Major William Dyer* presented his credentials as member of the Council from Sussex County.
"The Councill Expressed their Genll Dissatisfaction and unwillingness to permitt him, and Desired to Desist, Declare- ing yt they Could not in Duty and Respect to ye King, nor with Security to ye Province, take such into ye Councill who had not discharged the Office of ye Kings Collr of his
* Son of Mary Dyer of Boston.
.
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SOME RECORDS OF SUSSEX COUNTY.
Customs within this Governmt with faithfulness and a good Report."
John Redwood presented a petition to the Council, May 18th, 1687, asking "for Releef against an Execution Sur- reptitiously obtained against him at ye Sute of Richard Hogbean at ye County Court of Philadelphia." Council ordered as follows: Redwood was "to give Security to pay ye Debt in Sussex County, where the Creditor lives, &c. Therefore this board's Opinion is, that ye Creditor Richd. Hoggbean's behaviour in this is Litigious and Vexatious."
March 31st, 1688, Luke Watson "Presented himselfe as a member of Councill, Chosen ye last Election, for ye County of Sussex, but no Returne being made Could not be admitted."
"The Complaint of ye Major part of ye free-holders of Sussex County against ye Sheriff, for not returning a Member they had Chosen to serve in Provll Council," was read.
John Hill presenting "ye Complaint" was Called in, and answer given him that it "should have a Due Consideration, and Justice Don to ye County."
"Orded That franc Cornwell, Sheriff of Sussex County, be Orded to appear before ye Govr and Council ye same day ye next Genll Assembly is to meet, to answer ye Complaint above."
The minutes of the Assembly for April 10th, 1688, say "The Returne of ye members for Sussex County was Read and allowed."
Adam Johnson appealed to the Council February 19th, 168g, for protection against Peter Ludgar. Peter has been arrested, tried and imprisoned for theft and the Sheriff had allowed him to be at liberty. "The Sheriff ffrancis Corne- well to forthwith apprehend the prisoner and keep him in the Common Gaol or Workhouse of the County."
Francis and William Smith were ordered to be imprisoned, also, for a debt due Charles Pickering. They complained "that there was no bed lye on." The Sheriff acquainted the Board that he might bring in his beds to the prison, and should have them again when discharged.
November 2d, 1689. The Council sent copies of the proc- lamation declaring William and Mary to be King and Queen of England.
Thomas Clifton was returned as member of the Provincial Council 1690, to serve three years. Eight months later
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CIVIL RECORDS.
(he was elected in March), Thomas "was gon to England" and they had to have another election.
Let us go back to 1689. The Court sitting at Lewes, June 5th, of that year, has left us the following record :-
"The Court considering what few inhabitants there is in the town of Lewes, and being willing to Incurage people to live in the said Town and to seat and improve the back part of the said Town are willing to grant Larger Lotts then hath been usually granted, and for that the clearing the back parts of the said Town, will be cove- nant and benefic all to bring a vew to the front of the said Town, they do order that whosoever shall take up any back Lotts, shall not suffer any Tree or Trees to grow thereon to the hight of Twenty feet, and whosoever plants any frute Trees, or other Trees thereon, shall not plant them nearer than forty feet asunder, and keep their Lotts Continually Clean of brush or other wood, and also to keep the Streets afore their Lotts Clean of brush, and all the trees in the Streets to be grubed up, the said back Lotts to be four acre Lotts, with a square in the middle of the Town, for any publick use or uses that the Court shall think fitting, the pond on the backide of Author Starr's to be dreaned and remain for Common to Come down the Valley, the where the Ship is building into the River Lewes, and that he builds and Clears first shall have the first Lotts next to the Town."
The "Valley" is now Camomile Street, and where the ship was building is called Shipcarpenter Street.
"A list of Several Receitels of Sundry Deeds Down from a patent granted by Sir Edmond Andross At New York unto Andrew Deprea for 400a of land Called Timber Neck Dated the 12th day of August A. D. 1679 or a breef State of the Title Down from the afores'd pattent To the Present owner of the said land posser of the same.
"first Andrew Dupreas Patent of 400 acres of land granted by Sir Edmond Andross In New York bearing Date the 12 day of Aug- ust Anno Domini 1679.
"2dly Andrew Deprea of the County of Sussox planter did con- vey by his Deed of Sale 400a of land unto John Deprea of the aforesd Cooper Dated the 13th day of the 12th month Called February the whole Tract 1682.
"31y County Sussox.
"James Askew did Convey by his Deed of Sale a 140a of land unto John Coe of the Same place a part of Timber Neeck a part of 400a of the within Tract Dated the 6 day of February 1698.
"Sussex County.
"John Coe Did by his Deed of Sale Convey a 140a of land unto Joseph niell now part of the within 400a of land Dated the 4 day of September 1699.
"Edward Nixson of the County afors'd Did Convey by his Deed of Sale a 140a of land unto Sary Clifton widow of the Town of lewis & County afors'd part of aforsd Tract of 400a of land Dated the 20th day of July 1703.
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SOME RECORDS OF SUSSEX COUNTY.
" And at the Death of Sary Clifton widow of Lewis Town the aforsd 140 acres of land Decended unto her Son Robert Clifton as heir at law.
"And whereas Robert Clifton Son of the aforsd widow Deceast did by his last will & Testament bearing Date the 10th day of May 1720 Did order his Executors to Sell the Said land of 140a above s'd if Need bee who was John Foster & Ann his wife.
"The abovesd John Deprea did leave & bequeath his last will and Testament the afores'd Tract of 400a of land unto his Two Sons to wit William & John Deprea dated 1 day of october 1706.
"William Deprea and his mother mary deprea widow & Re- lockt of John Deprea deceast did Convey by there Deed of Sale 100a of land part of the abovesd 400a Tract of land unto Richard hinmon Esquire Dated th 5th day of May 1720.
"C. Richard Hinmon did Convey by his deed of Sale 100a of land part of the abovesd 400a of land unto Peter marsh the grandfather of y Said Peter marsh dated the 7th day of August 1722.
"John Foster of the aforsd County black Smith and Ann foster his wife executors of the last will & Testament of Robert Clifton of the Town of lewis & County afors'd did Covey by their deed of Sale a 140a of land unto Peter marsh of Rehoboth & County afors'd part of the aforsd 400a Tract of land dated the 14th day of october 1721. "County of Sommerset.
"John Deprea of the Province of maryland planter did Convey by his deed of Sale a 160a of land unto Richard hinmon of the County of Sussex gentelman part of the Tract of 400a of land afors'd Dated 6th day of August 1735.
"And the afors'd Richard hinmon did by his last will & Testament bequeath unto his Two grand Sons to wit Hinmon Rhoades & John Rhoads the aboves'd 160a of land part of the aboves'd 400a of land dated 13 day of January 1741 and Hinmon Rhoads dying without Ishu the land fell to his younger brother John Rhoads And John Rhoads & his wif Ellenor Rhoads by their deed of sale Conveys the aboves'd 160a of land or all the Residue of the afors'd Pattent of 400a of land unto Peter marsh the younger now In the Possition of the same as by the Deed dated the 7th day of march 1769."
Elon (Ellen) Hazzard's Will, Book D, No. 4, page 387. Date 9-7-1790, mentions her children Cord, David, James and John Hazzard, and speaks of her son Hinman Rhoads, and Grandson John Rhoads, and daughter Margaret Rhoads.
As Elon (Ellen) died the widow of David Hazzard, she must have been the widow Rhoads when she married Haz- zard.
September 23d, 1726.
COMPLAINT AGAINST A MAGISTRATE, 1726.
"The Petition of Alexander Molliston, most humbly sheweth,
"Whereas your Petitioner begs leave to represent to your Honour a difference that did arise, together with the Judicial Proceedings thereon, (under the Administracon of Sr William Keith, our late
27
CIVIL RECORDS.
Govern'r) that happened between William Till, Esq., and your Peti- tioner; the Sum of the Difference, so far as I can impartially remem- ber, is briefly thus:
" First. Your petitioner having a Sute Depending in the County Court for Sussex, Judgment passed against your Petitioner, Execu- tion immediately by my Antagonist was threatened. William Till, Esq., owing your Petitioner a small Debt on Account, going out of town, Your Petitioner went to said Till being on horse-back and call- ing him aside, asked him for the Debt, he replied that if I would prove my Account he would pay it, and turned about & called to Simon Kolluck Esq., standing some Distance off, and desired Mr. Kolluck to answer so much on acct. to your Petitioner, which the said Mr. Kolluck promised to do.
"William Till further proceeded and asked your Petitioner what Day of the Month it was, your Petitioner said, the Seventh, then replied Mr. Till You must come to me for Licence or I will demolish your House. Your Petitioner made Answer that he would not go to the said Till for Licence, but go to his master, then William Till called yr. Petitioner Rogue and Rascal with other abuses and threat- ened to put your Petitioner in the Stocks, Your Petitioner bid him do if he dared, and further said he was neither Rogue nor Rascal any more than William Till, but was as honest a man as himself and so esteemed among my Neighbour. Then William Till called the Con- stable standing by, and commanded the Constable to put Your Peti- tioner in the Stocks; the Constable at the first not willing to answer his command. Then William Till again called the Constable and, and said, damn you, Dog, do your office or I will commit you, then the Constable followed your Petitioner as he was going home, and put your Petitioner in the Stocks, who there remained during the pleasure of the said William Till. Which Punishment together with the Infamy thereof, yr Petitioner (with humble Submission) doth conceive would have been a sufficient Atonement for such an offence, considering the cause thereof did arise from a Difference in their own private Affair; altho' whatever words might fall or escape from your Petitioners Lips, was caused by the rash Expressions and threat- ening Words of the said William Till, with out any Design or Affront to the person of the said Till, or the Commission that he bears, or any Disregard or Contempt in the least to ye Authority of our Sover- eign Lord the King. But yet the Punishment of your Petitioner for the aforesaid Offence did not cease there; but in a short time afterwards the said William Till came into Town and bound over your Petitioner by Recognizance to his good Behavior, without the Concurrence of any other Justice of the Peace, and when I demanded a copy of the said Recognizance, put it in his pocket, refusing either a Sight or a copy of it,-and then Your Petitioner desired of the said William Till a Licence, but he would not give it to your Petitioner. "2d. And then contrary to an Act of Assembly of this Govern-
ment, made against such as shall speak in Derogation of Courts, write or speak slightingly of any Magistrate in the duty of his office, which provides that such Offendors shall be fined Fifty Shillings; On which said Act of Assembly, afterwards (To Wit) on the 3d Day of November, in the Year of our Lord 1724, at a Court of Quarter Sessions of our Lord the King, held at Lewis Town, before the Jus-
28
SOME RECORDS OF SUSSEX COUNTY.
tices of our Lord the King, an Information was exhibited in the said Term by Francis Allen especially appointed by the Justices aforesaid for that purpose to prosecute for our Lord the King, as by a Copy of the said Information duly certified may appear, On which Infor- mation it was so far proceeded, that your Petitioner was forced to plead thereto, and was destitute of Council, and could not get a Lawyer or Council to speak in your Petitioner's Behalf, and also threatened that if an Attorney should presume to appear in Behalf of your Pe- titioner he should be thrown over the Barr; whereon a verdict of 12 Men did pass against your Petitioner and by the Justices aforesaid was fined in the sum of Twenty Pounds; and your Petitioner still being bound afresh finding good security for his Good Behavior, And tho' then your Petitioner for the aforesaid Time was not imme- diately committed to close prison, yet was desired by the sheriff not to go any great distance out of the County, but first acquaint him with it, and in this Circumstance yr Petitioner remained for the Space of about Nine Months, and then the aforesaid fine was levied by Execution on the House that yr Petitioner lived in; (As by a Tran- script of the Records of the proceedings thereof may also appear) to the most grievious Hurt and Damage of yr. Petitioner; Contrary to the aforesaid Act of Assembly, Your Petitioner was forced to plead to an Information illegally exhibited, and for an Offence which requires no such Proceeding, being not an Offence against the Government, but only a few Words in Passion, for which the Law makes another Provision by binding the Party to his good Behavior. So that yr. Petitioner was utterly deprived of his then calling and ever since in that capacity disabled in getting of his and his Family's Bread. And yr. Petitioner doth further beg your Honour's patience, to lay before your Honours another Grievience of yr. Petitioners which is thus: On the first Day of January, in the year 1724, in the absence of yr. Petitioner, the aforesaid William Till (by a pretext of a purchase which he said he made of three Bushels of Salt from one Abraham Depister, loged in your Petitioners Custody, and promised by ye Petitioners Wife to be delivered to the said William Till,) did obtain a warrant from Samuel Rowland Esq., one of his Majesty's Justices of the Peace for the County of Sussex aforesaid, By Virtue of said Warrant yr Petitioners Wife was brought before the said Samuel Rowland to answer the Premises, and Judgment was obtained against yr. Petitioners Wife without any Proof, altho' your Petitioners Wife offered to swear, and bring Evidence to prove, that she had not one Bushel of Salt of the said Abraham Depister's in her Custody; Yet notwithstanding, the Evidence was denyed and rejected and Execu- tion granted, by Virtue whereof the Constable, with several raised Men, in his Majestys Name, were ordered (with audible voice) to break open the doors of Your Petitioners House; on the hearing of this, your Petitioners family opened the Doors, and the Constable with the raised Men aforesaid, opened the Cellar Door, after that he was forewarned, and there did bear away three Bushels of Salt, with four & Six Pence of Yr. Petitioners Goods for the said William Till was extorted and taken away from yr. Petitioners Wife, When in Truth and in Fact, no such Salt was lodged in yr. Petitioners Cus- tody on that Account, nor did yr. Petitioners wife make any such Promise.
29
CIVIL RECORDS.
"And now since your Honours happy Arrival to this Goverment yr. Petitioner made application to the Court (for a Recommendation to yr. Honour in order to obtain a Licence from your Honour) which hapned in the absence of William Till Esq., the Court would not grant the aforesaid favor without the Concurrence of William Till, the said Justices producing this Reason, that they were certainly informed by William Till that the sd William Till did affirm to the Court aforesaid that he had received particular Instructions from yr. Honour that if I did not make my Application to the sd William Till and get him to sign my Recommendation that yr. Honour had promised him that yr. Petitioner never should have any Licence; Altho' his Majestys Justices did say they had nothing to alledge against me.
"And tho' I have not enumerated all the Calamitys and Hard- ships that yr. Petitioner has sustained and laboured under in the course of the above said Proceeding, yr. Petitioner fearing to be too tedious, and that I have already trespassed on yr. Honours Patience, shall leave it, And humbly desire yr. Honour would be graciously pleased to take these things into yr. Honours Consideration & give me some Relief, as yr. Honour in yr. Wisdom shall judge meet. And yr. Petitioner as in Duty bound Shall ever pray, &c.
"ALEXANDER MOLSTON."
CIVIL AND MILITARY APPOINTMENTS FOR HOREKIL. November, 1674.
November, Capt. Paull Mash, Lieut. and president of the Court.
Mr. Helmanus Wiltbank, Justice, Sheriffe & Collector.
Mr. Alexander Mosestede, Justice.
Mr. John Kipharen, Justice.
Mr. Otto Wolgast, Justice.
Mr. Daniel Browne, under-Sheriffe & Constable.
1675, June 25th,
Mr. John Avery, Lieut. and president of the Court.
Mr. Edward Southrin, Justice.
Mr. Alexander Molestede, Justice wish non abler.
Mr. John Kiphaven, Justice, well to take.
Mr. Otto Wolgast, Justice good ordinary planter.
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