USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 4
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Mr. Daniel Browne, under-Sheriffe and Constable.
Cornelis Verhoofe, Clerke Deputy Survr. & Collectr.
1675, January 4th, Mr. Daniel Browne being Discharged of the Constables office and Simon paling Ellected. In the sd office.
Dito: Jury of Inquest as followeth :- Hermanus Wiltbank, foreman; Abraham Clement, petit; John Collison; William Prentice, Simon Paling, Robert Murdick
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SOME RECORDS OF SUSSEX COUNTY.
List of the names of persons in Horekil :- Henry Smith, John Avery, Edward Southrin, John King, Pauell Mash, Sander Mollesten, Hermanes Wildbank, Thomas Phillips.
In 1670, January 12th, James Mills purchased a neck of land from the English Commissioners by consent of the Gov- ernor at New York. It is described as "Lyeing to the South- ward of ye Towne at ye whorekill in Delaware Bay."
There was a Council held in Fort James, New York, May 17th, 1672, to consider the pretended claim of Lord Baltimore to the Whorekill.
The first Court was established at the Hoour Kil in 1673. "And whereas it is necessary for the maintenance of good order, police, and so forth, that the inhabitants of the South river be provided with some courts of justice, we have therefore deemed it necessary to order and instruct the in- habitants of said river to nominate by plurality of votes, for each court, eight persons as Magistrates whose jurisdic- tion shall provisionally extend as follows :
" One Court of Justice for New Amstel &c One Court of Justice for the inhabitants of Upland &c.
"One Court of Justice for the inhabitants of the Whore- kil, to which shall provisionally resort, the inhabitants both on the East and West sides of Cape Hinloopen, unto Boom- ties Hook."
The Governor selected as Magistrates, November 28th, 1673, Mr. Harmanus Wiltbanck, Sander Maelsteyn, Doctor John Roots, William Claesen. These same magistrates were ordered to send "2 millstones lying idle in the Whorekil which heretofore belonged to the city's colonie on South river" to New Amstel " as the garrison at New Amstel hath need of them."
Letter from Halmanius Wiltbank to Governor Andros, Lord Baltimore about to renew his claim for the Hore Kil, and a rebellion in Virginia.
"Richt Honoble Gouverneur :- Yours receaved the 18th of this Instand month wear in wy understand your great Cear & diligenth of us wich wy durender to your Honor manny tanks wear in wy doe inform your Honor that wy are in good Helt Lickewise thear is good Hops of success & situatie of this plaets by menny persons both out of Virginnia & Merryland & heaue alsso reseaved ohn halfe barrel of powder which youe thet sent by your schaloop & given alsso menny tanks to Your Honor ffor your good instruction and schal mack as good jus af them as possibelly Lays in our pour & Schal how that Your Honor thet deseir af occasion thet requeir a piloot for your
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CIVIL RECORDS.
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 are immagine to Heave this plaets again but wy doe wenset & wy thacht fit to give your Honor notis af at
"Lickewise her is dayly severale persons Commin out Virginia which brings news that the rebellion thus Continue still against theare 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
"1679 this 26th of February at the Whorekil "HELMS WILTBANCK
"Her is prsent news out of Accumache that ther is twoo fregats is Com in & that the heave brought the Contre to a pays again & moor that my Lord Baltomore heave gott a grant from his Mastre 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."
It is to be hoped that the Governor was not a profane man.
In another letter dated Whoorekil, September 18th, 1677, from Halmanus Wiltbank to "Major Edmond Andros," he speaks of being too unwell to appear at the meeting of the High Court, he has fever and is lame in one leg. There was a case before the jury about Peter Groenendick and Henry Smit. The suit went against Groendick and he wanted Judge Wiltbank to have a rehearing of the case.
Wiltbank speaks of not being "perfect to Distinguish the Circumstanges of many English woords or speaches by which Referr myself unto Yor Honors fauor."
John West of Accomack County, Virginia, had written Wiltbank about getting a quantity of land for himself and "sum partners," "which Land being Just to the Northward of the supposed Cabo Hinlopen seperating itself from itself from the sd Cape with one Inlett & a Creeke Comly called by the Indians Assawarnon, &c."
November 13th, 1677, Helm. Wiltbank, Edward Southrin and Alexander Molestine send a complaint and petition to Sr. Edmund Andros, charging Captain Ed. Cantwell, Sur- veyor, with erasing the names of Thomas Wellburne and his partners and the name of William Anderson from certificates for lands surveyed by Cornelius Verhoofe.
Thomas Wellburne was a merchant; and all the parties petitioning were from Accomac County, Va Cantwell erased
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SOME RECORDS OF SUSSEX COUNTY.
the names of Wellburne and partners and wrote his own name in place of erasure together with Henry Streeter and Abraham Clements. In place of William Anderson's name he put the names of Samuel Styles and Robert Anderson. Wellburne had named his tract Welburne's Wilderness, and Anderson called his place Anderson's Delight.
Commission of Captain John Avery to be Justice at Hore- kil, Del.
"SR EDMUND ANDROSS KT. &c: By vertue of his Maties Lettr Pattents & the Commission and Authority unto mee, given by his Royall Highness, I doe hereby in his Maties Name Constitute, appoint and Authorize you John Avery, Francis Whitwell, Alexander Mole- stine, John Kiphaven, Luke Wattson, John Roades and James Wells, to be Justices of the Peace at the Whore-Kill and Dependency in Delaware Bay, and any foure of you to be a Cort of Judicature, and In Case of Sicknesse absence or Otherwise of the first &c. the next in Commission to preside Giveing & Granting unto you and every of you full power to act in sd Employmt according to Law Regulacon and former practice, of which all persons concerned are to Take Notice & give you the due respect & Obedience belonging to yor Places in Discharging yor Dutyes. This Commission to bee of force for the Space of one yeare after the date hereof and takeing Yor Oathes and Places for the Same or till farther Order. Given under my hand & Seale of the Province in New Yorke, this 8th of Octobr in the 30th yeare of his Maties name Annoq Domini 1678.
"E. ANDROSS. "Examined by mee
"MATTHIAS NICOLLS Secry."
Henry Smith declares "That the time that Helmanus Wilt- bank was questioned for Treason was when the Whorekill was under Maryland. The persons that accused him were Dr. John Roades and William Prentice. The accusacon was made to Mr. Francis Jenkins a Justice of peace in Maryland who committed him to prison for the space of about a week & as is reported hee was cleared by the sd. Jenkins by giving him a Bribe.
"That afterwards the sd. Jenkins was questioned for tak- ing a bribe to cleare sd. Wiltbank and taken into Custody as a prisonr by order of Dr. Roades on that acct., but in few days was releas't; Whereupon Dr. Roades came to the above Mr. Smith complaining of the Fact, but he having newly had his Writt of Ease directed him to goe to my Lords to St. Maryes which he did accordingly, but what the Issue of it was there, hee knowes not.
"As to the discourse of Edwd Southrins conversacon with the devill, Hee knowes nothing but what hee & divers others
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CIVIL RECORDS.
have heard from his own Mouth, talking often extrava- gantly in that nature.
"As to Cor: Verhoofes being guilty of keeping false Records; The same hee saith hath beene proved in Cort."
Captain Nathaniel Walker, formerly from Boston, lately from Virginia, Eastern Shore, was granted land in Cedar Neck on Rehoboth Bay, 1679.
"HOREKIL ye 14th, 3d mo called May 1679.
"GOVERNOR ANDROS :- Since thee ware pleased when I was at Yorke to aske me if there was anything I knew that related to this place for thee to settle or order doth Imbolden me to Lay one thing before thee, which I observe to bee a greavance and that which does prevent the better seating of this County, and that is thay that have land here are not at any Certainty what they must doe for survaying itt: The planters that come out of Maryland are and have been in an expectacion that they should pay no more then is paid for survaying there &c &c "WM CLARK."
William, we see, was a Quaker.
1679, May 19th, Governor Nicolls, at New York, appointed John Vine to be Sheriff of the Horekill.
William Penn continued him in office.
Magistrates at ye Whorekil Oct. 8, 1678: John Avery, ffrancis Whitwell, Alexander Molestein, John Kippshaven, Luke Wattson, John Roades, James Wells.
"Court held at the Whorekil 10, 11, & 12th Dayes of Feb- ruary Ao. 167-9%.
"John Richards or Richardson, plt., John Stevens, Deft. Trespass & Ejectant.
"Jury: Mr. Edward Southrin, Samuell Gray, Otto Wol- gast, Helms. Wiltbanck, George Young, Daniell Browne, Will- iam Firtcher, John Hackister, Richard Levick, Charles Johnson, Richard Peaty, Thomas Howard, Cornelius Ver- hoof, Clk."
John Richardson was the son of John Richardson, Senr., of Dorchester County, Maryland.
John Richardson and James Shackleday had taken up land on Duck Creek.
Thomas Crompton was from Dorchester County, also.
1680. Census of the responsible housekeepers & their families residing in Muther Creek, Cedar Creek, &c.
In Cedar Creek:
Robt Hart. .3 in family
Upon Joseph Cowdree plantation. .3 " ¥
Mr. Bowman 2 or 3 "
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SOME RECORDS OF SUSSEX COUNTY.
George Collins, on Shackerly's plantation
Jno. Curtis 4 in family.
Jno. Richardson .6 "
" Thomas Groves. 2
Thomas Heiffer 2 "
Alexander Ray 2 "
Thomas Williams and John De Shaw. .2 “
Contract for the Conveyance of Mennonists to the Dela- ware River. See pages 285-288 :-
"Burgomasters and Regents of the City of Amsterdam.
"Whereas we remain, at all times, disposed to advance this city's Colonie in New Netherland, therefore have we, with the knowledge and consent of the XXXVI. Councillors, resolved to enter into the following agreement to that end with Pieter Cornelisz Plockhoy, of Zieriksee, viz. He, Pieter Cornelisz Plockhoy, undertakes to present to us, as soon as possible, XXIIII. men, who, with him, make a Society of XXV persons, shall bind themselves to depart by the first sailing ship or ships to the aforesaid city's Colonie to reside there and to work at the cultivation of the land, fishing, handi- craft, etc. and to be as diligent as possible not only to the end that they should live properly by such labor, but that provision may thereby be made for other coming persons and families.
"Therefore the aforesaid Society of XXV. male persons, whether the same be more or less, according as they may increase or diminish, shall, for the whole, and, moreover, each member of said society for himself individually, have the privilege of selecting, taking up and appropriating as much land, the property of no other person, whether in the Whorekil or in any other part of the district of this Colonie wherever it may lie, as they shall be willing and able to cultivate and pasture.
"Which lands, both divided and undivided, the aforesaid Society and Colonists respectfully shall occupy in full property, to do there- with as to them shall seem good.
"And the aforesaid Colonists, for the peace, union and welfare of their Society, such rules and orders shall be empowered to e act as they shall think proper, provided, nevertheless, that each person who may consider himself wronged shall be at liberty to appeal to the Magistrate there or here.
"The aforesaid Society, and each member thereof in particular, shall, for their further encouragement, be granted freedom from Tenths and all other imports, howsoever they be named, for the term of XX years.
"And there shall be paid, likewise, to each of the aforesaid 25 persons, by form of a loan, a sum of one hundred guilders to provide himself therefrom with necessaries according to pleasure, on con- dition that such sum is understood to include his passage money only, and not those of his wife and children, who shall be conveyed over at the expense of this city, conformably to the printed Con- ditions.
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CIVIL RECORDS.
"Therefore the aforesaid XXV Colonists promise and bind them- selves, in solidum, the one for the other, to repay the aforesaid 2,500 guilders, in order to return hither, he shall be at liberty to do so, on condition of leaving to the Society the undivided land, cattle and all other common property, and taking with him only his own par- ticular goods, so that the repayment may be effected by the re- maining Colonists.
"Therefore the passage money of such Colonist and family as have gone away shall be paid by the Society out of the common stock in return for his contributed labor.
"And if any person will go over, or make the voyage at his own expense and yet wish to save or even sell his share in the common fund, he shall be at liberty to do so, on condition that he previously put one in his place or sell to such a one as the Society respectively shall approve of, in order to help to have a strict eye over the com- mon labor and other things besides.
"The aforesaid Society and the individual members thereof re- maining further bound to observe, in all other respects, the afore- said printed articles. In like manner, also, the explanation of what- ever should herein be found to demand further interpretation re- mains reserved unto the Burgomasters of this State.
"In testimony whereof we, the Burgomasters and Regents afore- said, the seal of this city affixed to these presents the 9th of June "Signed WIGBOLT SLICHER." Aº 1662
"Having a seal impressed in Green Wax.
At a meeting of the Council September 25th, 1688.
"Margaret ffisher, of ye County of Sussex, Complayning that shee having appealed from ye Judgement of ye County Court of Sussex, where shee had Indicted one John Barker of ye said County, for robing her and her son Thomas ffisher of three head of Cattle, and that shee was Come up according to her Security Given, to have it reheard in ye Provll Court, but ye Court not sitting, nor ye said Barker appear- ing in Philadelphia, she very much feared yt Said Barker would, be- fore ye next Provll Court, make away with ye said Cattle
"Ordered that ye Secretary Send to ye Justices of Sussex County, in behalfe of Widdow ffisher, yt they doe her what right ye Law will al- low to Secure the Cattle or the value, till it be reheard next Provll Court, in Regard there were no Court at this time."
At a meeting of the Council Philadelphia Feb. 26, 1688.
" The Goverr not satisfied with ye behaviour of ye high Sheriffe of ye County of Sussex, proposed some other might be named by some of ye members present, ffor as much as himselfe was wholly a stranger there whereupon Wm. Rodeney was nominated by Wm. Clark, and Recommended by Griff Jones & Wm. Darrall, as the ffitest person they Could think off ffor ye present."
William Rodney had returned to Kent County, May 15th, 1693, and "had the oaths and Test, and oath of Clarke of the County of Kent, administered to him."
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SOME RECORDS OF SUSSEX COUNTY.
List of persons, old and young, living at the Hore Kil, Del., May 8, 1671.
Helmanus Frederick Wiltbank, his wife, two sons and a man servant;
Alexander Moelsteen, his wife, two sons, and a man servant;
Otto Wolgast, his wife, one son, and a man servant;
Willem Klassen with two daughters and a child;
Jan Kipshaven, his wife and daughter;
James Weedon, his wife, one daughter, one son and four servants;
John Rods, his wife and five children, three sons and two daughters;
Daniel Breen, his wife and his partner, John Colleson;
Jan Michiels, Anthony Pieters, Abraham Pieters, Pieter Smith, Pieter Gronedick, Anthony Sander, Herman Cor- nelisson, Herman Droochestraeder;
There are on Capt. Martyn Cregiers sloop " Bedfort " five persons.
On small boat of Pieter Alrichs from New Castle two persons.
Edward Southrin was also accused with having conversed with the Devil. Henry Smith stated that "Hee (Smith) knowes nothing but what hee and divers others have heard from his (Southrin's) owne mouth, talking often extrava- gantly in that nature."
Cornelis Verhoofe was proven guilty keeping false Records. William Clark, a Quaker, lived in the Whorekill. He wrote a letter to Governor Andros dated :-
"WHOREKILL YE 14th mo 130 called May 1679
"GOVERNOR ANDROS :- Since thee ware pleased when I was at York to Ask me if there was anything I knew that related to this place for thee to settel or order doth Imbolden me to Lay one thing before thee, which I observe to bee a greavance and that which does prevent the better seating of this County, and that is thay that have land here are not at any Certainty what thay must doe for the sur- vaying itt; The planters that come out of Maryland are and have bene in an expectacion that thay should pay no more then is paid for surveying there, which is one hundred pounds of Tobacco, for the first hundred acres, and fifty pounds for the second hundred Acres, twenty five pounds for every hundred Acres after to thousand Acres; soe that the survaying of one thousand Acres comes to but 350 pounds.
"But insteade thereof some have paid here Two Thousand pounds of Tobacco for survaying one thousand Acres &c., &c."
The following letter was sent by Governor Andros to the Magistrate of the Whorekill:
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CIVIL RECORDS.
"In the matter between Helmanus Wiltbanck & Cornelus Johnson Concerning the which the Court have certified their Report The same is to be allowed by order of the Governour & to be confirmed to the sd Halmanus Wiltbanck: In answer to the peticon of Cornelys Ver- hoofe to your Court, about his being Confirmed Clarke, about a Regulation of Fees there, the which is Certifyde to be granted by sd Court: Upon their Recommendation there of to the Governor, the same is allowed by him, & that the fees of Extraordinary Courts bee Ascertained, & all fees (as in other places) to be collected in the nature & as by execution: In answer to a former Request from the sd Cor. Verhoofe ; upon the Courts choice and Recommendation of him to bee surveyor at the Whore kill, the Go; orders him to bee con- firmed till further order ; Upon a peticon of John Kipphaven to his honour the Go .; for a piece of wast land neare some other land which hee hath purchased, being his only passage into the wood, The Governour hath granted the same & to bee Surveyed in order to a patent, your Certificate whereof will be Requested; Upon an other peticon to his honour from John Vine that he may officiate as Sheriffe at the Whore kill & precints, The Go: returned the Following answer: Upon Security & Courts Choice allowed & confirmed for the yeare as the Court is; Upon a Letter or Addresse of Wm. Clarke from your place to the Governour concerning the uncertainty of the Surveyors Fees in sd parts, Its his honour's order that the price of surveys bee at the Whore Kill &c as in Virginia & Mary Land, money or value; There is yet one thing I have in Charge to acquaint you from his honour which is an unadvised Act of Mr. Guilaine Verplank one of the magistrates of this city, in taking an oath here of William Tayler the pretended Surveyor, concerning Severall Fees by him claymed for Surveying the Whore kill, the which likewise sd to bee demanded by Capt. Cantwell that employed him &c. &c.
"NEW YORK June 6, 1679."
Mr. Alexander Molestede, Justice, wish non abler.
Mr. John Kiphaven, Justice, well to take.
Mr. Otto Wolgast, Justice, good ordinary planter.
Mr. Daniell Browne, under Sheriffe and Constable.
Cornelis Verhoofe, Clerke Deputy Survr. & Collectr.
1675, January 4th.
Mr. Daniell Browne bing Discharged of the Constables office & Simon paling Ellected. In the sd office Dito: Jury of Inquest as followeth: Hermanus Wiltbanck, foreman; Abraham Clement, petit; John Collissen, William Prentice, Simon Paling, Robert Murdick.
A letter to the Magistrate at the Horekil from New York:
"By Informacon from Mr. Peter Groenendyke (the bearer hereof) to the Councell, That a certaine piece of Land granted to Wm Plainer, whereof he was in possession twelve months, was by misinformacon or mistake afterward given & granted by patent to Randall Revell, who neither sought after nor ever had pretence to the same, Concerning
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SOME RECORDS OF SUSSEX COUNTY.
the wch no order being left his honor, It will be convenient to Let the matter rest as it is untill his Return, and in meane time Wm Playner not to bee dispossest, This I give you as the opinion of the Councell, being "Gent, Yor humble servt
"M. N " (Secretary Nicolls)."
One John Hillyard petitioned Sir Edmond Andros about some land at the Whorekill, July 30th, 1678. He says:
The humble petition of John Hillyard Humbley sheweth that wheare as youre pettr obtained a warrant of ye worshipfull Courte of ye Whorekil for eight hundred acceres of Land in the presinks of Dellayway Bay wheare upon youre peeticoner sould his Land & Cat- till at a verey under rate by Reason of ye greate distance I lived from youre honners goverment & in October last I adventured with three of my family in a verrey small boat through ye mane sea & come to ye Whorekill.
"John not finding a surveyor and hearing that there was plenty of land at Duck Creek, set out for that place arriving there Decem- ber 24.''
He was not very fortunate there in obtaining land. A friend of Hillyard's, George Merten, asked for a grant ad- joining the said Hillyard's land at the date above and was as unsuccessful, as he found one Whitwell had a patent for the same.
The old times, in colonial days, were not better than these times, as is very evident to one looking over the records of the Courts. The following petition of Edward Southrin to Gov. Andros about John Avery shows that there were some very lawless people living in Lewes in the seventeenth century. Southrin says :--
Whereas it was your Honors good pleasire to put and Consigne mee though a person unworthy of soe high a Calling to bee a magis- trate at the Whorekilles in which office and Calling I have Indeav- oored by the help of God to so Discharge my Concience before God and man to the best of my skill and Knowledge without favor or Affection to any prson and soe Doeing I have Received many Abusess both from Mr. John Avery and Mr. Henry Smith and for noe other cause nor reason as I know off but for doeing my office which I humbly conseave to bee my duty to doe when Lawfull called there to by any of his magesties subjects and not to be called Roague & beggerly Roague with many such like abusess Speaches saieing Sarra you pettyfull Lousy Raskell lett mee know you Ever grant any attachmt or warrants againe and you had better be hanged and if the Governor Doth Lett such pettifull Raskels to bee in comission I will not sitt for I hold it beneath mee to sitt with such a pettyfull fellow as thou art it is not onely mee but others of the Comission whom they will not be Conformable to his unreasonable will for Mr. John Kipp- hauen because hee would not Draw him a Bottell of Rom for an Indian,
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CIVIL RECORDS.
hee had hired on the Sabbath Day in the like termes and for noe other Cause that I know of Unreasonably abused by Mr. John Avery. And as for Mr. Henry Smith his abuses to the Court and the book of Lawes are not Inferior to the Rest for if wee doe act any thing Contrary against Mr. Smith his will then wee are called Roagues and a Confedeadrate with Roagues and with other threatening words which as I Humbly Conseave not to be omitted therefore thought it my Duty to inform yor Honor with it for if I Issue forth a Sum- mons or a warrent In his magisties name to warren in any prsons who are Liveing in Mr. Smith his howse Either the warrant is not Excecuted or if Excecuted not obeyed for hee Doth prtend They are his Servants and not to answer noe warrant or Summons without his Leave but I humbly Conseave though they where Mr. Smith's his Servants which I know not such thing for to my knowledg they were both freeman not long since yet they where as Lyable to his Maties Lawes as Mr. Smith or any other prson if they bee good Sub- jects this being part of the Irregular proceedings I humble beseech yor Honor to give mee the patient prsell hearing hereof for should I take a penman to writt and yor Honors Eares to heare an Like yor Honor I send alle the proceedings that I have done in my office and place which I hope yor Honor will pruse and find whether I have deserved these abuses or no and wholy Rely upon yor Honors good pleasure Either to Justifie mee or Condem mee as yor Honors wise- dom shall think fitt, Soe hoping yor Honor in yor good time will rectifie Both these and all others misdemeanours by whosoever Com- mitted one thing I humbly begg it of yor Honor nott that I am worthy to give advice, but onely begg it of yor Honor Both for the good of the people and the good of the place that yor Honor will bee pleased to Constitute sum wise Discreet sober minded Gentleman that may lead the people into obedience for the safety of a King or Chief gover- nor Consistes in obedient people, for hee that knoweth not how to obeye neither knowes how to Command for which cause I humbly beseech yor Honor to make choyse of a Cheife Commander according to yor Honors Discretion for this partes and that yor Honor will bee pleased to discharge mee from this and all other offices of trust which is the Humble Request of yor Honors servant to Command, soe hoping &c. "EDWARD SOUTHRIN.
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