USA > Delaware > Sussex County > Some records of Sussex County, Delaware > Part 5
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"From the Whorekill,
"Sept. 18, 1678."
Avery seems to have been a turbulent fellow and a dis- turber of the peace, yet through some influence, we find Governor Andros issuing a commission to Captain John Avery to be Justice at the Whore Kill. As it is dated October 8th, 1678 (New York), and Southrin's petition is dated September 18th, 1678, Andros may not have received South- rin's letter when he issued the commission for Avery to be Justice.
He was in New York when the Commission was issued October 8th, and took the Oath as Magistrate October 12th, 1678, and was authorized to administer the Oath to the
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SOME RECORDS OF SUSSEX COUNTY.
other Justices, Francis Whitwell, Alexander Molestine, John Kiphaven, Luke Wattson, John Roades and James Wells.
These gentlemen seem to have had plenty of work to do, for Henry Smith makes a declaration: "That the time that Helmanus Wiltbank was questioned for Treason was when the Whorekill was under Maryland." The persons that accused him were Dr. John Roades, and William Prentice.
The accusation was made to Mr. Francis Jenkins, a Justice of Peace in Maryland, who "committed him to prison for the space of about a week and as is reported hee was cleared by the sd. Jenkins by giving him a Bribe." That after- wards "the sd. Mr. Jenkins was questioned for taking a bribe to cleare the sd Wiltbank and taken into Custody as a prisoner by order of Dr. Roades on that Acct .; but in a 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 accordingly did, but what the Issue of it was there, hee knowes not."
November 21st, 1690.
The members of Sussex County set forth yt. one ye members of Councill ffor their County viz: Thomas Clifton was gon to England.
May 8th, 1693.
Nehemiah Field had oaths & Test, with the oath of Clarke of the Countie of Sussex, administered unto him.
Nehemiah Field was returned as member of the Assembly May 10. 1697. -
March 6th, 1694.
" The Court gives Liberty for a Ditch to be Cutt through the most Convenient place of the Town of Lewes into the Creek for the Con- venency of Dreaning the Savanah on the back part, next to the Second Street Lotts, and order that the Vacant Ground that lies be- tween the Lott of Nehemiah Field, (Behind the Second Street and fronting on Mulberry Street) and the four acre Lott of Captain Thomas Pemberton, adjoining upon Richard Holloway, be Reserved for a Market Place, and the vacant peace of Land next Adjoining on the Southwest side of John Miers, his Lott, to the Block House pond, and between the Block House Field and that be used as a Common Burying Ground."
The ditch was made to run down the Southwest side of Mulberry Street, and up what is now Third Street. The Market House would have been between Mulberry and Camomile Streets, and Third, and Church Streets.
Later on we see that the Court changed its mind, for we read, "September 6, 1696, Whereas at a Court held the sixth and seventh
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CIVIL RECORDS.
days of March 1694 a Certain peace of Land In the Town of Lewes, In the Mulberry Street, Lyeing and being between the 4 acres of Cap- tain Thomas Pemberton, and the Lott of Nehemiah Field was ordered to be reserved for a Market place the Court upon a second Vue thereof Do find the same not to be convenient as was expected, and so order the same to be free, to be granted out unto Town Lotts 60 foot in breadth and 200 foot in Length."
May 20th, 1695.
Wm. Clark. Thomas Pemberton & Robert Clifton were returned as members of the Assembly for Sussex County.
September 3d, 1698.
The Lt .- Gov. acquainted the Council yt he had received a Lre from ye Justices of Sussex County, & desired ye Secrie to read it, which hee did viz: may it please yor Honor, This to or sorrows, but according to our dutes, is to inform, That on friday last, in the after- noon, a small snug-ship & a sloop came to wtin our Cape, not not wholly undesired, but little dreaded of being an enemy or french, both which they proved & yesterday morning Landed about 50 men, well armed & came up ye town & plundered almost every house yrin, Committing great spoil, breaking open doors & chests, and taking away all money or plate to be found, as also, all manner of goods & merdize worth any thing, together with ruggs, blanketting, & all other bedd Covering, Leaving scarce any thing in ye place to Cover or wear.
They brought two English prisoners on shore wt. ym bound, one of ym known to be Jno Redwood, of philadelphia, His Boy, with whom they would suffer no Converse, but wee suppose ye sd sloop to be said Redwood's taken coming out of Cinnepuxon Inlett; They all went on board last night; killed several sheep and Hogs. They continue still at anchor in ye birth, as neer in the bay opposite to this town as they well can find water to ride in, & its doubted they will be on shore again before night for more Cattle, if not to burn ye houses; but we shall endeavor to scare ym. They Ly ready for all mischief inwards or outwards by land or water, and Have pilots any way. 4
They are now in Chasse Inwards of a Briganteen with their sd sloop. The briganteen outsails ym, & wee Hope in God, will escape.
They are begarly Rogues, and will pillage for a trifle, and do think they tarry long enough untill ye man of warr att York may have speedy notice.
They took about eleven of ye Chief of our town prisoners, & when they had made them help on board their plunder, dismist all except one man, Capt. Watson's Carpenter.
This place is verie open to danger, & verie naked for defence.
Mr Clark's House & Goods hath Sufficiently shared in ye villany.
Wee hope wee need not repeat ye Calamities aforesaid, nor ye great terror yt must needs here attend all Sexes & Sizes ;- By Sir yer Humble Servants-Luke Watson, John Hill, Tho. Oldman, Jonat Baily.
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SOME RECORDS OF SUSSEX COUNTY.
May 11th, 1698.
Representatives returned for Sussex County Thomas Oldman, Jonathan Bayley, Cornelius Wiltbank, & Luke Watson Jr.
June 27th, 1693.
Edward Burch set forth, That having Sailled from Barbadoes in the barkenteen Ann, George Stiles, Mr. & onlle one man and a boy more belonging to her, the petitioner and his servant being to have their passage for their Labour; that the Mr, to the Southward of the Cape Henlopen, was casually knockt over board and Lost, to the hazard of the Shipp, goods & passengers, and that att the desire of the people on board, the petitioner, with great hazard of his life, went ashoare, & for saving the Life of the people, & for preserving the vessell & cargoe, did agree with a person to pylot her to some safe harbour, and to give him twentie pounds, and having had an easie & speedie passage into the whorekills, the said pylot was willing to take ten pounds sterling.
June 15th, 1695.
Order to the Justices of the Peace at Lewes that a watch by two men, be kept a Cape Henlopen, to watch for the French enemies, from 5 Oclock in the morning to Seven Oclock at night.
William Massey was made collector of the Customs at Lewes November 21, 1696.
Thomas Pemberton, Roger Corbet & John Miers members of the Assembly for Sussex Co. Oct. 26, 1696.
September 10th, 1696.
John Stoaklie, Thomas Oldman, Joseph Booth, Henrie Malleston, James Peterkin, & Jonathan Baylie were members of the Assembly, for Sussex Co.
April 12th, 1700.
The pror. & Gov. acquainted ye Council yt hee had Late intelligence yt Wm. Orr. Geo. Thompson peter Lewis Henry Stretcher & Diggerie Tenny, inhabitants of ye town of Lewis in Sussex Countie, had gone on board Capt. kidd, ye privateer, (who in July last Lay some days before Cape Henlopen,) and had Corresponded wt him, & received from him and his crew some muslins, Calicoes, monies & other goods wch. wer East India, & prohibited goods, & yt they had brought ym on shore hid, sold, & given away most of ym, wtout acquainting ye. govrmt, or ye king's Collr of ye port of Lewis wt. ye same, wch hee lookt upon to be, if not piracie, at Lest Confederating wt ym, and accessories & pro- moters of illegal trade, & yrfor desiring ye Councill's advice yrin. Itt was the opinion of the Gov. & Council, The- - Law- man, Collector of port Lewis, should be attested as solemnlie as if he took an oath to declare ye truth as farr as hee knows &c.
August 16th, 1703.
Samuel Rowland of Philidia, mariner, having yesterday arrived with his sloop from Lewis, in Sussex, & brought advice, That there
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CIVIL RECORDS.
was a certain ship lately arrived there wch they had some reason to suspect was on no honest design; the Council meeting upon that occasion, sent for the said Rowland and examined him, and upon his solemn attestation he declares
Wn He, the said Rowland, and ye Collector of ye said Port, (viz H. Brooke) having been a few miles out of ye town of Lewis, & re- turning thither on Wednesday last, ye 11th instant, they perceived a ship ride off ye sd Port, and enquiring in the town concerning her, they were told she was either a ffrench Ship or Prize, and found some of her men landed, two of whom particularly they met with, and ye said Collector Inquiring of them whether they belonged to that vessel they answered yes; ye Collectr then asked what papers they had to show, upon wch they produced a Copy of a Commission wch they said was their Capts; That presently after they mett with three more of ye men, who had come ashore & staid wth them near three hours, that ye two they first mett with prest ye other three to goe on board with water they came ashore for, but they refused, and that ye said two earnestly urged the others not to lett their fellow Souldiers perish, calling them Barbarous Dogs for their Inhumanity, & that it would be kinder to pistol them then to lett them die for thirst Upon wch this Informant offered that in Case one of ye sd two men (who were ye most genteel) would stay on shore as a pledge for him he would carry them water on board, and accordingly one staid, & he carried them four anchors of water, of wch they drank up two he thinks before he left them; That they called ye Capt. Burgess, & said ye ship was a french prize, loaden with wheat, came from Callary within ye Straights, Was taken ye Canaries by Capt. Pullen, Companion to Capt. Dampier, on his intended expedition to the South Seas; that ye men said they were ordered by Capt. Pullen to come with the said ship into these parts to Sell her, & when sold he would meet them in this river; That they said they had but 15 men in all; That they had 12 great Guns, & Seemed to be about 120 Tuns; that according to their own accot they had Tenn Thousand Bushels of wheat aboard.
That ye said Informant going on board with only two of the 5 men (viz) one sailor and another of ye two first, they saw the Capt. who seemed much disturbed, his men were not come aboard, But that he that was left a pledge wrote a letter to ye Capt. by ye other person, upon wch the Capt was satisfied; that ye Capt after some words, resolved himself to come on shoar, wch he accordingly did;
That meeting those of his men that were on the shoar, and menac- ing them they submitted & promised to goe on board, being sent to gett some water & Provision they ran away, and that one of the other two who came ashoar wth the Capt., said he would do the same when he could.
That hereupon the Capt took occasion to threaten this Informant as the cause of his men running away, that he attempted to draw upon him but that he was disarmed by the Company, as as also the Capt's Companion Charleton by name, Upon wch the Sherif Secured ye Boat, and was consulting with ye Collector to raise ye Posse of ye County & took ye Capt into Custody That ye Informant further adds, that inquiring earnestly of some of the men to know what they
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SOME RECORDS OF SUSSEX COUNTY.
were, One of them told him that their then Capt who was Lieutenant to Capt Pullen, had been 3 days in irons some time before they parted from the sd Pullen.
He further adds, that upon a lighted match, accidently touching one of the men's legs, who Complained of ye pain, the Capt asked him how he would have bore what their Boatswain did, to have matches burn between his fingers, upon which the other swore the Boatswain was a stout fellow, suffered bravely, without divulging any thing.
That there was none of the prisoners on board of when the ship was taken, of wch being asked ye Reason, they said she was taken in the night near ye shore, & that the men gott off in their boats & escaped, and that those who were on shoar said, that if they who were on borrd could gett on shoar, at least 8 or 10 of them would desert her. There was a commission issued to Capt Thomas Braines to proceed to Lewes seize the ship and bring it to Philada.
August 24th, 1703.
Information being made to this board, That ye Collector of Lewis was come upon to this town & made Complaint to Judge Clark, & the Secry of Jonathan Bailey, the Sherif of the County of Sussex, that he was remiss in Discharging his duty, & giving him the sd Collectr necessary assistance in apprehending ye Commandr & Sailors of ye ship that had lately come in and anchored before that port, being the Prize taken by Capt Pulleyn, and ye said Judge Clark, the Supream officer of ye said County, directing the said Complaint to ye Board, & accusing him of great remissness & stubborness in his office in gen- eral.
It was ordered, that ye said Jonathan Baily's Commission should be superseded, & the place granted to Luke Watson, senr, who had formerly petitioned for the same.
July 9th, 1709.
Richard Westly of Lewis, in Sussex, arriving here early this morning, with an express sent from thence by him, in a Boat & 4 Oars, by the Govr. now there, to give notice to the Govmt, here, that on ye 6th & 7th instant, a french Privateer had Endeavoured to Land at Lewis aforesaid, but being prevented by the opposition made to him, stood up the Bay where the said Westly, on coming up did pass him; Where- upon (as he further informs), he according to the Govr's Orders to him, which was the principle Design of sending him by water, had given notice to all ye outward bound Vessels, yt he could possibly come to speak with, that they might avoid the danger, and the sd Westly Desiring to be satisfied for his own & his Companions Trouble herein.
March 6th, 1704.
Cornelius Wiltbank, Brother in Law to Jno. Williams, who hanged himself at Lewis, having waited on the Govr & acquainted him that he desired & requested Letters of administration on the said Defendts Estate, & the Govr acquainted him with the orders made Concerning that Estate, the sixth of last month.
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CIVIL RECORDS.
The said Cornel. Wiltbank appeared at this board and pleads that his Brother in Law was not Compos Mentis at the time of making himself away, and that it plainly appears to be so by the Inquest then past upon him.
November 9th, 1709.
Richard Westly of Lewis, having produced to the Govr, a letter from Capt. Cook, Commandr of the Garland, certifying that the said Westly had served 21 days on board her Majesty the Queen's Ship, as Pilot, while she was in our Bay, for which service this Govmnt ought to consider him.
They allowed him 21 Dollars.
April 20th, 1704.
Commission of ye Peace, & for ye County of Sussex was filled up & directed to Willm Clark, John Hill, Tho. Pemberton, Luke Watson, Tho. ffisher, Tho. ffenwick, James Walker, Phil Russel, Jno. Waltham, & Willm Bagwell, Esqrs, and commission renewed to Luke Watson, senr, for Sherif & Nehemiah ffield, for Clerk of ye said County, & a Dedimus Potestatem, directed to Geo. Lowther, for qualifying ye said Justices.
October 21st, 1708.
The following members withdrew from the Assembly in Philada, for form a separate body in the Three Lower Counties
Thos. ffisher Suss Philip Russell
Rich. Empson Newc Willm ffisher
Corns Wiltbank Suss Nichos Grainger
Sussex
James Booth Kent Ad Johnson
November 23d, 1721.
The Govr acquainted the Board, That as they were all sensible he had, with their Advice and Approbation, in pursuance (as He had understood) of the late Proprietor's Inclinations when here, ever since his Administration, observed some kind of an Equality or Proportion in his appointment of the subordinate officers of Govnmt., between those who profess themselves Members of the Church of England and the People called Quakers. He had no reason to doubt but that the Board was well satisfied the same method should be observed in the Council. He had some time ago made mention to most of the mem- bers now present of Henry Brooke, Esq., Collector of his Majesty's Customs at Port Lewis, within this Government, and of late a useful magistrate in the County of Sussex, as a fit person to supply the place of Jasper Yeates, Esq. a member of this Board, lately deceased; To which the Governour was more particularly induced from this con- sideration, that it had been usual, and is still expected by the In- habitants of the lower Counties, that there should be always at least two members in the Council from those Counties: Wherefore, He now proposes that with the consent of this board, the said Henry Brooke should be admitted a member thereof.
All the Members present being sensible of Mr. Brooke's great Knowl- edge, Ability, and Worth, unanimously agree that He be admitted accordingly as soon as the Governour thinks fit.
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SOME RECORDS OF SUSSEX COUNTY.
July 25th, 1726.
Henry Brooke & Jonathan Baily Esqs of Sussex were appointed Judges of the Supreme Court.
September 23d, 1726.
The Govr acquainted the Board, that one Alexander Molliston of the County of Sussex had seven or eight days since brought him a petition, complaining of some abuses he had received in that County- the said Petition was read setting forth sundry abuses the Petitioner had suffered from William Till, who as magistrate, & by his Influence on the Court of the County, had admitted divers arbitrary acts, by means of which the Petitioner was utterly disabled from following his Employment & providing Bread for his Family.
After reading Petition, one of the Members likewise informed the Board, that the same Justice William Till had some months agoe broke open & Kept up a Letter wrote & sent by James Steel of Philada. to Robert Shankland, Surveyor of the County of Sussex, inclosing some copies of an Address from a late Assembly of the lower Counties to the Governour Sir William Keith, in the Beginning of his Adminis- tration, which were thought proper to be distributed for the Pro- prietors Service, that the said William Till had most contumeliously treated the said James Steel on that occasion, tho' he had acted therein for the Proprietor's Service only, & as his officer, and had not given either the said William Till, or any reasonable Person, any just occasion to be offended with his Proceedings in that affair.
Another Member likewise, that in a late Assembly of the three lower Counties, Mr Till had used most indecent & disregardful Ex- pressions of the Proprietary Family.
William was relieved of his office, A new Commission of Peace being to be issued for the said County, the following Persons are agreed on to be inserted in the same, vizt: Henry Brooke, Richard Hinman, Philip Russel, John Roades, Woolsey Burton, Samuel Row- land, Jeremiah Claypoole, Jacob Kollock, John Jacobs, Samuel Davis, Joseph Cord, Robert Shankland, George Walton & Enoch Cumings.
October 4th, 1726.
For Sussex County Rives Holt, & Peter Adams being returned for Sherifs, & Samuel Davis & Edmund Naws for Coroners, Rives Holt is appointed Sherif & Samuel Davis Coroner.
October 4th, 1727.
For Sussex County: Rives Holt & Peter Adams being returned for Sherifs, and Samuel Davies and John Russell for Coroners, Rives Holt is appointed Sherif & Samuel Davies Coroner.
October 3d, 1728.
For Sussex County: Rives Holt & Robert Smith being returned for Sherifs, & John Jacobs & Samuel Davis for Coroners. Rives Holt is appointed Sherif, John Jacobs Coroner.
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CIVIL RECORDS.
October 4th, 1729.
For Sussex County. Rives Holt & John Jacobs returned for Sherifs, & Joseph Pemberton & John Roades for Coroners, Rives Holt is appointed Sherif & John Roades Coroner.
October 6th, 1730.
For Sussex County: James Fenwick & Simon Kollock being returned for Sherifs, & Robert Smith & Cornelius Wiltbank for Coroners, Simon Kollock is appointed Sherif & Cornelius Wiltbank Coroner.
October 6th, 1731.
For the County of Sussex: Simon Kollock & James Fenwick being returned for Sherifs, & Cornelius Wiltbank & John Clowes for Coroners, Simon Kollock is appointed Sherif & John Clowes Coroner.
October 4th, 1733.
For the County of Sussex: Simon Kollock & Robert Smith being returned for Sherifs, & Joshua Fisher & John Clowes for Coroners, Simon Kollock is appointed Sherif, & Joshua Fisher Coroner.
October 5th, 1734.
For the County of Sussex: Robert Smith & Cornelius Wiltbank being returned for Sherifs, and Joshua Fisher and John Roades for Coroners, Cornelius Wiltbank is appointed Sherif and Joshua Fisher Coroner.
October 3d, 1735.
For the County of Sussex, Cornelius Wiltbank & John Shankland being returned for Sherifs, and Daniel Nunez & William Selthuge for Coroners, John Shankland is appointed Sherif, and Daniel Nunez Coroner.
October 3d, 1740.
Commissions made out to Cornelius Wiltbank as Sherif of Sussex County, & John Wynkoop as Coroner of said County.
October 5th, 1745.
Commissions to William Shankland Esq. Sherif, & Robert Gill, Gentm. Coroner of the County of Sussex.
October 4th, 1746.
William Shankland Sheriff and John Molliston Coroner of Sussex County.
July 13th, 1747.
A letter by Express from New Castle:
"GENTLEMEN :- This Moment Thomas Quant & a son of Mr Nan- dins informs me a Company of French or Spaniards, to the number of One hundred or thereabouts, has Robb'd & Plunder'd the Houses
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SOME RECORDS OF SUSSEX COUNTY.
of James Hart & Edmund Liston, and carried off all the valuable part of their Negroes & other Goods, and its supposed they have done so all the way to Lewis Town.
"DAVID WETHERSPOON."
September 14th, 1747.
The Capt. of a Pilot Boat, Despatched as an Express from Lewes Town last Saturday, delivered to the President this morning the fol- lowing Letter directed to the President & Council:
"SIR & GENTLEMAN :- On Tuesday last 2 Sloops went up the Bay with a Pilot Boat tending in each of them; on Wednesday evening they returned & anchored with the said boats in Lewes Road, which hath kept our Watch upon hard Duty Day and Night.
"One of the said Vessels we imagine to be gone over to Cape May, the other took in our sight last Night a Ship outward Bound, and her Pilot Boat another Ship this morning that was coming in, and is now in Chace of a third ship, which we fear will fall into her hands in an hour or two.
"These things we judged proper to immediately communicate, and hope the Merchants & Traders at Philadelphia will pay this Express £3, being the sum agreed for to convey it.
"Sir & Gentlemen Your obedt, hble Sevts "Rs HOLT "JACOB KOLLOCK "JACOB PHILLIPS."
This Assembly "could only lament their & the good People of Lewes Town's unhappiness in being thus remedilessly exposed to any Attempts the Enemy should please to make."
They paid the Express £3.
September 21st, 1747.
" Information being given that several Vessells belonging to this and other Ports were lately taken by a French Privateer of the Capes of Delaware, and that some of the Pilots & People who were on board at the time of Capture were in Town, they were sent for, and Mr. Kelly & Luke Shields, one of the Pilots who had the charge of the Privateer, attending without, they were examined."
September 25th, 1747.
" William Kelly being sworn on the holy Evangelists of Almighty God deposeth and saith, that he being a Passenger on board the Sloop Elizabeth, Pyramus Green Commander, bound from Providence to Philadelphia, on or about the 28 " day of August last he was taken off the Coast of North Carolina by a French Privateer Sloop called the Marthel Vodroit, Capt. Lepay Commander, belonging to Cape Francois, who had taken three English Prizes before as this Deponent was informed; that after they had taken the said Sloop Elizabeth they stood to the Northward, and on their cruise took six more Eng- lish Prizes, to wit, a Brigantine and two Ships off the Capes of Vir- ginia, and a Sloop about fifteen Leagues off the Capes of Delaware, one Newbold Master, & two Ships in the Bay of Delaware, one of them called the Bolton, Oswald Eves Commander, and the other
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CIVIL RECORDS.
called the Delaware, --- Lake Commander, this Deponent being at the times of the taking of the said six Prizes, a Prisoner on board the said French Privateer.
"That the said French Privateer was a Vessel of about Ninety or one hundred tons, and carried fourteen Carriage Guns, sixteen Swivels. and six Swivel Blunderbusses, and had when he left Cape Francois, as this Deponent was informed, about one hundred and seventy men, but at the time of this Deponent's being taken, had but one hundred & thirty men belonging to her.
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