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Report of the Archaeological Investigations of the New Castle Court ...

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1676 September 28 Rules <strong>of</strong> Government for <strong>the</strong> Delaware Settlements, from<br />

Governor Andros (20:98)<br />

“2. That <strong>the</strong>re bee three <strong>Court</strong>s held in <strong>the</strong> severall parts <strong>of</strong> <strong>the</strong> River and Bay as formerly To witt<br />

one in <strong>the</strong> Towne, one above at Uplands ano<strong>the</strong>r below at <strong>the</strong> Whorekill.”<br />

“3. That <strong>the</strong> said <strong>Court</strong>s consist <strong>of</strong> Justices <strong>of</strong> <strong>the</strong> Peace, where<strong>of</strong> three to make a Coram<br />

[quorum], and to have <strong>the</strong> Power <strong>of</strong> a <strong>Court</strong> <strong>of</strong> Sessions and decide all matters under twenty<br />

pounds without Appeale, in which <strong>Court</strong> <strong>the</strong> eldest Justice to preside, unlesse o<strong>the</strong>rwise agreed<br />

amongst <strong>the</strong>mselves, above twenty pounds and for crime Extending to life, Limbe or Bansihment,<br />

to admit appeale to <strong>the</strong> <strong>Court</strong> <strong>of</strong> Assizes.”<br />

“4. That all small matters under <strong>the</strong> value <strong>of</strong> five pounds may be determined by <strong>the</strong> <strong>Court</strong> without<br />

a Jury unlesse desired by <strong>the</strong> Partyes as also Matters <strong>of</strong> Equity.”<br />

“5. That <strong>the</strong> <strong>Court</strong> for <strong>New</strong>castle bee held once a Month, To begin <strong>the</strong> first Tuesday in each<br />

Moneth, And <strong>the</strong> <strong>Court</strong> for Uplands and <strong>the</strong> Whorekill Quarterly and to begin <strong>the</strong> second Tuesday<br />

<strong>of</strong> <strong>the</strong> Moneth.” (Gehring 1977:120).<br />

1676 November 8 The Magistrates <strong>of</strong> <strong>New</strong> <strong>Castle</strong> to Governor Andros about<br />

Municipal affairs (20:100)<br />

“4. There being no prison for <strong>the</strong> securing <strong>of</strong> debtors, fugitieves and malefactors, who <strong>of</strong>ten make<br />

<strong>the</strong>ire Escape for want <strong>of</strong> <strong>the</strong> same, Wee <strong>the</strong>refore desiere his honors order for <strong>the</strong> Errecting <strong>of</strong> a<br />

prison, which wee Immadgine woulld bee Convinientt to stand in <strong>the</strong> forth [fort], and that your<br />

Honor will Lykewyse prescriybe what allowance prisoners shall have, and by whome to be paid,<br />

also that <strong>the</strong> Sherrife may bee Responsible in Case <strong>of</strong> Escapes” (Gehring 1977:123-24).<br />

1677 February 7 Record <strong>of</strong> <strong>Court</strong><br />

“According to his honor <strong>the</strong> Governor order, itt was this day Resolved and concluded by <strong>the</strong><br />

Commander and <strong>Court</strong>, that a prison with a dungeon under itt bee built in <strong>the</strong> forte with all<br />

expedition, also a weigh-house to bee built, with <strong>the</strong> Lyke Expedition, in some convenient place<br />

neare <strong>the</strong> waterside, manner <strong>of</strong> building <strong>the</strong> same is Left to <strong>the</strong> Contryvance & ordering <strong>of</strong><br />

Captain John Collier & Mr. Moll” (Scharf 1888).<br />

1677 October 3 Order <strong>of</strong> <strong>the</strong> <strong>Court</strong><br />

“It is this day resolved and Mr. John Moll desired by ye court wee would Reimburse so mutch as<br />

for ye mutcheing upp <strong>of</strong> ye <strong>Court</strong> Roome, in ye forte, fitt for ye <strong>Court</strong> to sitt in ye winter tyme,<br />

and yt <strong>the</strong> same reimboursement bee paid him out <strong>of</strong> ye Levy to be paid. The <strong>Court</strong> doe allow to<br />

ye measons to finish ye chimney in ye forte as it might bee 250 guilders” (Scharf 1888).<br />

1678 March 8 Complaints brought before <strong>the</strong> <strong>New</strong> <strong>Castle</strong> <strong>Court</strong> regarding <strong>the</strong><br />

actions <strong>of</strong> Captain Billop<br />

[During <strong>the</strong> winter <strong>of</strong> 1677-78] “That for <strong>the</strong> whole winter and now he makes use <strong>of</strong> ye Towne<br />

forte where <strong>the</strong> watch on occasion is kept, for a stable to put his horses. That he keeps <strong>the</strong> <strong>Court</strong><br />

Roome above in <strong>the</strong> Fort filled with hay and fo<strong>the</strong>r [fodder], that he keeps hoghs [hogs] within<br />

<strong>the</strong> forte walls and by that means keeps ye gates continually lockt up. That he hath and doth still<br />

debar this <strong>Court</strong> from sitting in <strong>the</strong>ir usual place in <strong>the</strong> forte. That he makes use <strong>of</strong> ye soldiers

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