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Full text of "Captain John Avery; president judge at the Whorekill in Delaware bay, and his descendants"

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PRE8S OF 

J. B. LIPPINCOTT COMPANY, 

PHILADELPHIA. 




1181009 
Introiruftiou 

^ For account of Captain John Avery's descendants, see 
\^ " Kollock Genealogy," by the writer, printed 1897. 

For English Avery references, see "The Genealogist's 
Nj^ Guide," by George W. Marshall, last edition ; for reference 
^ ^ to John Avery, the Pirate, see " Dictionary of National 
Biography," edited by Sidney Lee. 

For American Avery references, see Munsell's " Index to 
American Genealogies," last edition ; " The Dedham Branch 
of the Avery Family in America," published by Winslow 
W. Avery, 1893 ; and " The Averys of Groton," by Homer 
De Lois Sweet, 1894. 

The following are the only references I have found to any 

Avery settlers in Virginia. There were Averys there at a 

later period who may have been descendants of this settler. 

The "Virginia Magazine of History and Biography," 

Vol. n., p. 181 : 

Abstracts of Virginia Laud Patents. 
"(101) Jacob Averie (lease for 21 years) 500 acres on 
Skiff's Creek (Warwick County), extending northerly 
' towards the Creek towards Martin's Hundred,' Southwest 
towards the land of Thomas I^owell, and East towards the 
maine — beginning on the east side of a spring called Jacob's 
Well— 1630— By Sir John Harvey." 

P. 185 : 

"(109) Thomas Harwood, of Skiffes Creek, gentleman, 
140 acres on Skiffes Creek abutting southerly on the land of 
M" Avery. Due in right of Hugh Heyward made over to 
him June 20, 1631— By Harvey, September 1, 1632." 

" (110) John Pott, of Harrop, within the Corporation of 
James City, doctor in Physick, 200 acres on Skiffes Creek, 
adjoining the lands of M^ Thomas Nowell and M"" Jacob 

3 




4 INTRODUCTION 

Avery. Due for tlie adventure of four servants : John Mil- 
ward, Eandolpli Holt, Eutli a maid servant, and Thomas 
Popkin— By Harvey, Sep. 1, 1632." 

P. 311: 

"(137) Jacob Averie, gentleman, lease of 500 acres on 
Skiffes Creek, 250 thereof stretching northerly towards the 
creek towards Martin's Hundred, Southwest towards the 
lands of Thomas Nowell, &c. (one of the line marks named is 
a spring called Jacob's Well), and the other 250 lying at the 
head of said Creek — By Harvey, February 2, 1630 — (sic)." 

The following references to Avery settlers in Maryland 
are abstracted from the Eecords of the Land Office at An- 
napolis, and are here given without any attempt to suggest 
the relationship to each other or to Captain John Avery. 

Liber X, folio 173 : 

" John Avery * of Maryland, Mariner, has patented 300 
acres out of a warrant of 500, Sep. 22, 1658, lying on the 
North side of Cuttance, Manor of Kanticoke. Recorded 
1666." 

Liber VI, fol. 85 : 

" I George Barrett do assign over unto Thomas Bradley 
Esq or his assignes all my right and Title of land due to me 
for transporting into this Province : Cornelius Jones, who 
came in the year 1650, myself 1650, Francis Stone 1654, 
John Avery\ 1657, Mark Davenport, 1660, Richard Coger 
1658, Abraham Clark, 1654, Witness my hand this 4'^ Oc- 
tober 1663. 

Signum 

George B Barrett 
Test: 

RiCH° Foster 

Signum 

Susan X Tucker" 

* This was John Avery, of Dorchester, whose will is hereafter given. 
t This may have been either Captain John Avery or the John Avery, 
of Dorchester, whose will is hereafter given. 



INTKODUCTION 5 

Liber XII, fol. 381 : 

" 1669— December the 16"* Came John Avery * of Calvert 
Coiintj and proved right unto one hundred & fifty acres 
of land being due to him for transporting into this Province 
himself and his daughter Ann, and William Johnson his 
servant, to inhabite 

Warrant then issued in the name of the said John 
Avery for 150 acres of land being due to him for the con- 
sideracon above said. 

Cert, ref^ 16"* March next." 

Liber XII, fol. 513 : 

" These may certifie that I Edward Avery do assign all my 
right of land due to me for my servitude in this provivince 
unto John Gibbs of the County of Baltimore, planter. 

Witness my hand and seale this 3P of October 1668 

his 

Edward x Avery 
Signed and sworne -j mark 

unto before me > 
John Collet" j 

Liber XI, fol. 104 : 

" Know all men by these presents that I Charles James of 
Baltimore County, Gent., have assigned, and by these pres- 
ents do assign unto Thomas Godlington of London, mer- 
chant all my right, title and interest due to me upon record 
for the transportacon of John Foster, Richard Leake, 
Stephen Harper, Thomas Price, Edward Avery, Giles Por- 
ter, . . . Witness my hand the xii"" day of October Annoq. 
Domini MDCLxvii 

C. James [seal]" 

Liber XII, fol. 351 : 

" October xxi" Mdclxix Came George Beckwith and 
proved right to three hundred acres of land for transport- 
ing himself, Johannah Porter, Henry Avery, John Watts, 
Thomas Weeke & Thomas Stevens here to inhabite." 

* This is the same John Avery, of Dorchester, whose will is hereafter 
given. 



6 INTRODUCTION 

Liber XVII, fol. 574: 

" Dec' 23*^ 1678 William Avery of St. Marys County proved 
right to fifty acres of land for his time of service performed 
in this province. Assigned said right to Thomas Courtney 
of same county" 

Liber XH, fol. 654 : 

" June the fourth 1670 Came Henry Hosier of the County 
of Calvert, Mcht. and proved right unto 1050 acres of land 
it being due to him for transporting these persons following 
into this Province to inhabite. Vizt : "William Key, John 
Avery * Vertu Avery (and 21 others)" 

Liber XV, fol. 332 : 

"January 24, 1675 Came Virtue Avery of St. Marys 
County and proved her right to Fifty acres of land for her 
time of service performed in this province to Thomas 
Griffin" 

Liber XV, fol. 344 : 

" Know all men by these presents that I, Vertue Avery for 
a valuable consideration do hereby assign over unto Michael 
Rockford my right to fifty acres of land due to me for my 
time of service performed in this province. To have and to 
hold the same unto him the said Michael Rockford his heirs 
and assigns forever 

"Witness my hand and seal this 24*'' of January 1675 

Signum 

Test: Vertue X Avery 
Painter" 

Liber XXII, fol. 337 : 

" Robert Avery. 

Cert. 240 acres called ' Unpleasant' 1685." 

Liber XXII, fol. 355 : 

" Cert 160 acres called ' Teagues Content' 1688." (This 
refers to the same Robert Avery.) 

* This may have been either Captain John Avery or the John Avery, 
of Dorchester, whose will is hereafter given. 



INTRODUCTION 7 

Liber IX, fol. 120 : 

" Arthur- Avery 

Cert. 100 acres called ' Chance' 1665" 

Liber XI, fol. 303 : 

" Joseph Avery receives 100 acres called ' Knotting.' " 

Liber X, fol. 180-1 : 

" To the Honb'le Leiv' Gen^" 

A survey had and taken of a parcell of Land for John 
Avery * lying and being on the north side of Cuttomactico 
beginning at a marked oak dividing it from the land of 
Thomas Cottingham called Averys Pollicy from thence 
running easterly the breadth of one hundred and fifty pole 
to a marked tree, thence running northerly the length of 
three hundred and twenty pole to a marked tree, from thence 
running westerly the bredth of one hundred and fifty pole 
to a marked tree, with a line drawn southerly to the first 
bounder. Surveyed and now laid out for three hundred 
acres more or less by me March the last, 1666 

Steven Hoksi 
Surveyor Generall 

Attested by me 

Jerome White" 

" Cecelius &c To all persons to whom these presents shall 
come Greeting in our Lord God everlasting. Know yee 
that wee for and in consideracon that John Avery of our 
Province of Maryland, Marriner hath due unto him three 
hundred acres of Land within our said province out of a 
warrant for five hundred acres of land granted to the said 
Avery as appears upon record & upon such consideracons 
and terms as are expressed in our condicons of Plantacon 
of our said Province of Maryland under our Greater Seal, 
at armes bearing date at London the second day of July in 
the year of our Lord God One thousand six hundred forty- 
nine with such alteracons as in them is made by our dec- 

* Probably John Avery, of Dorchester. 



8 INTRODUCTION 

laracon bearing date the two and twentyeth day of Sep- 
tember Anno One thousand six hundred fifty-eight and 
remaining upon record in our said Province of Maryland, 
Doe hereby Grant unto the said John Avery a parcell of 
Land called Averys Pollicy lying & being on the north side 
of Cuttamactico begining at a marked oak divideing it from 
the land of Thomas Cottingham from thence running 
easterly the bredth of one hundred and fifty pole to a 
marked tree, thence running northerly the length of three 
hundred and twenty pole to a marked tree from thence 
running westerly the bredth of one hundred and fifty pole 
to a marked tree with a line drawn southerly to the first 
bounder, containing and laid out for three hundred acres 
more or less together with all rights profits and bennefits 
thereunto belonging Royall mines excepted. To have and 
to hold the same unto him the said John Avery his heirs 
and assigns forever to be holden of us and our heirs as of 
our Mannor of Nanticoke in free and common soccage by 
fealty only for all manner of services yeilding and paying 
therefor yeerly unto us or our heirs at our Receipt at St. 
Marys at the two most usual feasts in the year vizt : at the 
feast of the Annuncacon of the blessed Virgin Mary and at 
the feast of St. Michael the Arch angell by even & equall 
porcons the rent of six shillings sterling in silver or gold 
and for a fine upon every alienacon of the said land or any 
part or parcell thereof one whole yeers rent in silver or gold 
or the full value thereof in such commodities as wee or our 
heirs or such ofiicer or Oflicers appointed by us or our heirs 
from time to time to collect and receive the same shall accept 
in discharge thereof at the choice of us or our heirs or such 
officer or officers as aforesaid Provided that if the said John 
Avery his heirs or assigns shall not pay unto us or our heirs 
or such Officer or Officers as afores'' the said sume for a fine 
before such alienacon and enter the said alienacon upon 
Record either in the Provinciall Court or in the County 
Court where the said parcell of land lyeth within one 
month next after such alienacon the said alienacon shall 
be void and of none effect. Given at St. Maries under our 



INTKODUCTION 9 

great seal of our said Province of Maryland this eighth and 
twentjeth day of September in the five and thirtyeth year 
of our Dominion over our said province of Maryland Annoq 
Domini one thousand six hundred sixty six Witness our 
dear son Charles Calvert Esq. our Lievten' Generall of our 
said province of Maryland." 

Liber XII, fol. 610 ; 

" On the backside of a warrant granted unto John Avery 
of the County of Dorchester for one hundred and fifty acres 
of land the twelfth day of May 1670 was thus written (vizt :) 

Surveyed of this warrant thirty six acres 

Thomas Taylor Dep'^ Su'rv'. 

To the Ilonb^ the Suryeyor Generall May the 16"^ 1670— 

By virtue of a warrant granted unto John Avery out of 
his Ldpps Secretarys Oflice dated the twelfth day of May, 
this is in humble manner to certifie that I, Thomas Taylor 
have laid out a parcell of land on the east side of Chesa- 
peake Bay in a creek called Oyster creek upon the west 
side of the said creek begining at a marked cedar, for length 
one hundred seventy five p'ches to a marked pyne thence 
west south west the bredth of thirty four p'ches to a marked 
pyne bounding on the west with Oyster creek and a line 
north north west the length of one hundred seventy five 
p'ches thence with a paralell line to the first bounded tree 
containing and now laid out for thirty six acres more or less 
to be held of the Manno' of ISTanticoke 

Thomas Taylor, Dep''^ Surv'" 

Liber XIV, fol. 107 : 

" Cecilius &c. Know yee that wee for and in consideracon 
that John Avery of the County of Dorchester in our said 
province of Maryland Planter hath due unto him thirty six 
acres of land within our said province, part of a warr' for 
150 acres to him formerly granted as appears upon record. 
And upon such conditions and terms as are expressed in our 
conditions of plantation of our said province of Maryland 
under our greater seale at Armes bearing date at London 
the second day of July in the yeer of our Lord God 1649 



10 INTRODUCTION 

with such alterations as in them is made by our declaration 
bearing date 22^ day of September Anno 1658 and remain- 
ing upon record in our said province of Maryland Doe 
grant unto him the said John Avery all that parcell of Land 
called Averys Lott on the east side of Chesapeake Bay in a 
creek called Oj'ster creek upon the west side of the said 
creek, Beginning at a marked cedar, for length of one hun- 
dred seventy five p'ches, to a marked pine thence west south 
west thirty-four pch'es to a marked pine bounding on 
the west with Oyster creek & a line drawn north north 
west the length of one hundred seventy five p'ches thence 
with a paralell line to the first bounded tree. Containing 
and now laid out for 36 acres more or less Together with all 
Eights profitts and benefitts thereunto belonging (Royall 
Mines Excepted) To have & to hold the same unto him 
the said John Avery his heirs & assigns forever to be 
holden of us and our heirs as of our mannor of Nanticoke 
in free & common soccage by fealty only for all manner 
of services — yeilding and paying therefor yearly to us or 
our heirs at our Eeceipt at our Citie of Saint Maries at the 
two most usual feasts in the year, vizt. at the feast of the 
annunciaton of the blessed Virgin Mary, and at the feast of 
St. Michael the archangell by even & equall portions the 
rent of 7* 2^ Sterling in silver or gold, and for a fine upon 
every alienation of the said land or any part or parcell 
thereof, one whole years rent in silver or gold or the full 
value thereof in such commodities as we or our heirs or 
such ofiicer or ofiicers appointed by us or our heirs from 
time to time to collect or receive the same shall accept in 
discharge thereof as the choice of us or our heirs or such 
officer or officers as afs*^. Provided that if he the said John 
Avery his heirs or assigns shall not pay to us or our heirs or 
such officer or officers as afs*^ the said sume for a fine before 
such alienation and enter the said alienation upon record 
either in the Provincial Court or in the County Court where 
the said parcell of land lyeth within one month next after 
such alienation, the said alienacon shall be void and of none 
efl'ect. Given at our Citie of St. Maries under our great 



INTRODUCTION H 

seal of our said province of Maryland this sixth day of Sep- 
tember in the thirty nineth year of our dominion over our 
said province Annoq. Domini 1670." 

Liber XVIII, fol. 54 : 

" To his Excellency the Cap'. Generall August 6, 1674 
By virtue of a warrant bearing date the fifth day of 
August in the 42"^ year of the Dominion of the Rt. Hon^'' 
Csecilius Annoq Domini 1673 granted unto John Avery* of 
Somersett County, marriner, signed by me Francis Jenkins 
by order and appointment of his Excellency the Cap* Gen- 
erall of this province. These are therefor humbly to certifie 
that I Francis Jenkins, Deputy Surveyor under the Honor- 
able Baker Brooke Esq'', Surv'' Gen^, have laid out for the 
said John Avery a parcell of Land called Averys Choice, 
Scituate, lying and being on the seaboard side near Delia- 
ware Bay about four miles from the Whorekill on the east 
side of a bay called llehoboth bay, bounded as followeth. 
Beginning at a marked white oak standing upon a point of 
land at the mouth of a small creek called Island creek, 
thence with a line drawn west by north for bredth up the 
said Eehoboth Bay ninety p'ches to a marked white oake 
stake sett up in a marsh near the bounded tree on the south 
side of a parcell of land surveyed for John Walker, thence 
with a line drawn north by east for length five hundred 
thirty three perches and one third part of a perch to a 
marked oake thence by a line drawn East by south ninety 
perches to a marked Red oake standing on the south side of 
a branch, and from thence with a right line drawn to the 
first bounder, Containing three hundred acres more or less 
To be holden of the Manner of Worcester 

Francis Jenkins 

Depty Surv^" 

Rent Rolls, Soms* & Dorch^ No. 1, fol. 26 : 
" 300 acres Averys Pollicy, Sur. 31, Mch. 1666, for John 
Avery on the IsTorth side of Cuttomactico at a marked oak 

* The same John Avery as before, of Dorchester. 



12 INTRODUCTION 

dividing it from the land of Thomas Cottingham. The 
Land Poss' is included in a survey of 480 a^ for W" Elgett 
by Spe^ warr*." 

Rent Rolls Somst. & Dorcli^ ISTo. 1, fol. 223 : 
"300 acres Averys Choice, Sur. 6"" August, 1673 for John 
Avery on the seaboard side near Dellaware Bay about 4 
miles from the Whorekill on the East side Rehoboth Bay 
as before. 

The Whorekill's not in this Co'ty." 

Reg. of Wills, Annapolis, Md. 

Liber A, 1676-1677, fol. 199 : 

" In the name of God, Amen. 

I, John Avery of the County of Dorchester in the Prov- 
ince of Maryland, ship-wright, now being in perfect memory 
although somewhat indisposed in bodily health — praised be 
God Almighty do make & ordaine this to be my last will & 
testament. 

Imp' : I will and bequeath my soule to God that gave it 
in perfect hope by Christ Jesus my Redeemer to be saved by 
his onely merits and my body to the earth from whence it 
came, by decent buriall. 

Secondly: I will and bequeath all my real estate in the 
County of Dorchester unto my well-beloved wife Anne 
during her naturall life and after her decease unto my 
grandson John Granger and his heirs forevermore. 

Thirdly : I will and bequeath unto my said beloved wife 
Anne all and every part and parcell of my personall estate 
whatever chattells, moveables, bonds bills, accompts or 
whatsoever unto me may personally belong or appertaine in 
every respect, unto her and her heirs for ever, after my 
debts are paid and funerall charges satisfied. 

Lastly : I will and bequeath that my said beloved wife 
Anne be my full and sole executrix of this my last will 
and testament, and she doe take care of my said grand 
child John Granger, hereby making null and void all 
other wills and testaments and codicills whatever formerly 



INTRODUCTION 13 

by me made, and published This to be my last will and 
testament. 

Slgnum 

John A Avery [seal] 
Published, sealed and de- 
clared in the presence of 
George Taury 
Thos Pattison 

Siguum 

Mary x Meredith 

signum Provcd in common forme 

Mary x Janes April 21, 1677." 

From Register of St. Mary Ann's Parish, Cecil Co., Md. : 
"Litan Leeds Kimble was married to Mary Avery the 

22"^ day of January 1675. He was born July 27"" 1747" 
^^ Mary Avery ^ daughter of Peter & Elijah (?) Avery was 

born October 8"> 1744^" 

1 Pa. Col. Eec, p. 549-580 — Capt. John Avery, the pirate. 
Pa. Mag., Vol. V, p. 175 — Capt. John Avery, the pirate. 

The following is copied from an old poem in possession 
of Mr. Charles E. Hildeburn, of Phila. 

At the top of the poem is a picture of a three-masted 
ship under full sail. 

BOLD CAPTAIN AVERY 

Come all ye young Sailors of courage so bold, 
That venture for money, I'll cloth you with gold. 
Come resort unto Broney, and there you will find, 
A ship call'd the Fanny will pleasure your mind. 

Bold Avery commands her and calls for his own. 
And he'll box her about before he has done : 
French, Spaniards, Portuguese, and Heathens likewise 
He has made war with them till the day that he dies. 

She's rigg'd and man'd, and most neatly trim'd. 
She's model'd like wax-work and sails with the wind. 
She has all things in order fit for our design, 
God prosper the Fanny, she's bound for the main. 



14 INTRODUCTION 

Farewel to the Plymouth, Catwater be damn'd, 
For once I was owner of part of this land ; 
But since I'm disowned, Adieu I will take 
My person from England my fortune to make. 

I'll cross the South Seas with courage so bold. 
For my men I resolve to cloath them with gold; 
Five hundred and fifty brave boys of courage, 
Resolve the first ship they meet to engage. 

The Northerly climate is now fit for me, 
I'll cross the Tropicks that all men may see 
That I'm not afraid to let the world know, 
I'll cross the seas, and to Persia will go. 

I'll honor St. George and his Colours I'll bear. 
Good quarters I'll give you, but no nations spare; 
For the world must supply me if ever I want, 
I'll give them my fill when my money grows scant. 

Lo this is the Course I intend for to steer. 
They that honor St. George the better shall fare, 
For he that refuses shall surely soon spy, 
Strange Colours on board my Fanny to fly. 

Three shivers of gold, with a red flow'ry Field, 
Embroidered with Gold, that shall be our shield. 
So call for your quarter as soon as you can see. 
Our bloody flag hoisted, this is our decree. 

No quarter I'll give, no quarter I'll take. 
There is no one man living, one glass is too late ; 
For we are sworn brothers, and it is my design, 
I'm bound for the Indies, the gold shall be mine. 

Now this is the Course I intend for to steer. 
My hard-hearted nation to you I declare ; 
I have done you no wrong, so you may me forgive. 
For my sword shall maintain me as long as I live. 

My commission is large, for I made it myself, 
My captain may stretch it wider by half; 
'Twas dated at Croney, believe me, my friend. 
In the year ninety-two boys unto my life's end." 



Captain Softn aberg 

I. 1. Captain John Avery was undoubtedly of English 
origin, but when or where he was born is unknown. The 
first reference to him, with certainty, is the following : 

Land Ofiice, Annapolis, Md. 

Liber YII, fol. 580 : 

" June vi, 1665 — John Avery enters rights himself, Sarah 
his wife, Francis Raines, Edward Perkins, this year. War- 
rant dated ut supra, Eetbl vi''' December next for two hun- 
dred acres." 

From this reference we are unable to determine when 
John Avery came here, for it frequently happened that land 
was not claimed until several years after settlement. It may 
be, therefore, that the above John Avery is one of those 
referred to in the Introduction ; he may have come here at 
one of the dates there mentioned and afterwards have gone 
to Virginia or elsewhere, married, and brought his wife 
back to Maryland with him. The writer believes such to 
have been the case, although, for certainty, he has decided 
to begin the account of Captain John Avery with the refer- 
ence to his claiming rights in 1665. His wife's surname has 
not been ascertained, which is probably due to his having 
married without the Province of Maryland. 

Althouorh he claimed two hundred acres, the writer has 
been unable to find that he received them ; he may have 
assigned his rights before settling in Delaware. 

It has not been ascertained when he moved to Delaware ; 

the first reference to him there is the following : 

16 



16 CAPTAIN JOHN AVERY 

Deeds, Georgetown, Del. 

Book 2, p. 288 : 

" Edmund Andross Esq., Seigneur of Sausmare etc. . . . 
Certain parcell or tract of land near unto Whore Kill in 
Delaware Bay called " Avery's Rest," lying upon Rehoboth's 
Bay. The said John Avery to pay therefor yearly Quit Rent 
of 8 bushels of good winter wheat. 

Signed 15 Jan. 1675, Edmund Andross — Mathias Nich- 
OLLS, Dep." 

Pa. Ar., Sec. Ser., Vol. V, p. 690 : 

" Commission of John Avery as Captain by Sir Edmund 
. Andros. 

Edmond Andros Esq^ &c. 

By virtue of his Majesties Letters Patents, and the Comis- 
sion and authority unto me given by his royal Highness, 
I do hereby in his Ma*'''' Name, constitute and appoint you 
John Avery to be a Captain of the Foot Company, of the 
Militia at the Whore Kill; You are therefore carefully 
to perform the Duty of a Captain, in all Things, and to 
observe such orders, as you shall from time to time receive 
from me, or other your Superior Officer, and all other In- 
ferior Officers and Soldiers of the said Company, are to obey 
you as their Captain, according to the Discipline of Warr, 
This Comission to be of force for the space of one whole 
Year or till further Order. 

Given under my Hand and Seal in New York, this 26*'' 
day of October 1676. 

E : Andros." 

From N. Y. Col. MSS., Vol. XXI, p. 8. In N. Y. State 
Library, Albany, IsT. Y. : 

" To the Honorable Edmond Andross Esq'' Capt. Gen" of 
all his Royall Highnes Territoris in America. 

Whereas it was j'o" Honor' good pleasure to put and Con- 
signe mee though a p'son unworthy of soe high a Calling 
to bee a magistrate at the whorekilles in which office & 
Calling I have Indeavored by the help of god to discharge 



CAPTAIN JOHX AVERY 17 

my Conscience before god and mean to the best of my skill 
and knowledge without favor or Affection to any prson and 
for soe Doeing I have received many Abuses both from Mr. 
John Avery and Mr. Henry Smith and for noe other Cause 
nor Reason as I know of but for Doeing my office which I 
humble Conseave to bee my Duty to Doe when Lawfull 
Called thereto by any of his majesties subjects and not to be 
called Eoague and beggerly Roague with many such like 
abusesive Speatches Saieing Sarra you pettyfull Lousy Ras- 
kell Lett mee know you ever grant any Atteachm* or war- 
rants againe and you had better be hanged and if the Gov- 
ernor Doth Lett Such pettifull Raskels to bee in Commission 
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 when they will not bee Conformable to 
his unreasonable will for Mr. John Kiphaven because he 
would not Draw him a Bottell of Rom for a Indian 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 Confeaderate 
with Roagues and with other treathning words which as I 
Humbly Conseave not to bee omitted therefore thought it 
my Duty to Informe yo"^ Honor with it for if I Issue forth a 
Sommons or a warrant In His Majesties name to warren In 
any persons who are Liveing In Mr. Smith his howse Either 
the warrant is not Executed or if Executed not obeyed for 
hee Doth pretend they are his Servants and not to Answer 
noe warrant or Sommons -without his Leave but I Humbly 
Conceave though they where Mr. Smith his Servants which 
I know not such thing for to my knowledg they were both 
freeman not long sence yet they where as Lyable to his 
Ma""' Lawes as Mr. Smith or any other person if they bee 
good subjects this being part of the Errigular proceedings I 
humble beseech yo' Honor to give mee the patient pers[on]al 
hearing hereof for should I take a pennman to writt all it 



18 CAPTAIN JOHN AVERY 

would weary the hand of a good penn man to writt and yo' 
Honors Eares to heare an ^ Like yo' Honor I have send all 
the proceedings that I have Done in my office and place 
which I hope yo' Honor will peruse and find whither I have 
Deserved these Abuses or no and wholy Rely upon yo' 
Honors good pleasure Either to Justifie mee or condem 
mee as yo"^ Honors wisdom shall thinck iitt Soe hoping yo' 
Honor In yo"" good time will Rectifie Both these and all 
others misdemeanors by whoesoever committed one thing I 
humble begg of yo'' Honor not that I am worthy to give 
advise but onely begg it of yo" Honor Both for the good of 
the people and the good of the place that yo'" Honor will be 
pleased to Constitute Sum wise Discreete sober minded 
Gentleman that may Lead the people into obidience for the 
safety of a King or Cheife governor Consistes In obidient 
people for hee that knowes not how to obey neither knowes 
not how to Command for which Cause I humbly Beseech 
yo' Honor to make Choyse of a Cheife Commander accord- 
ing to yor Honors Discretion for this partes And that yo"" 
Honor will bee pleased to Discharge mee from this and all 
other offices of trust which is the humble Request of yo' 
Honors Servant to Command Soe hopeing yo"" Honor will 
be pleased to pardon my Boldnes and make the best Con- 
structions of these my Rude Lines I am and ever shall 
Remaine as in Duty bound yo'' Honors Humble Servant Soe 
wishing all health and happiness to Attend yo'' Honor Both 
in this Life and the Life to Com which is the prayer of him 
who is yo' Honors Humble Servant to Command 

Edward Southrin. 
From the Whorekill 

Sept' 18"" Ann° 1676" 

Deed recorded at Georgetown, Del. : 

"Edmond Andross Esq; Seianeur of Sausmarez Lieu- 
tenant & GovERNOUR Generall, uudcr his Royall High- 
ness, James, Duke of York, and Albany, & of all his 
teritories in America, to all to whom these Presents shall 
come, sendeth Greeting : 



CAPTAIN JOHN AVERY 19 

Whereas, There is a certain tract of land called Martin's 
Yinyeard lying at the Whorekill on the west side of Dela- 
ware Bay, the metts by vertue of a warrant hath been laid 
out for Henry Stritchor ; * Begining at a certain small creek 
lyeing by a place called Kickont, begining at the point by 
the Whorekills running & bounding upon the said kill south 
east in breadth One hundred and fifty perches to a bounded 
white oak standing upon the point of a marsh, and from 
thence up the said marsh south west six hundred & forty 
perches to an other bounded white oak standing by the said 
marsh and from thence north west bounding upon the 
woods to a bounded hickory or walnut tree standing by the 
aforesaid creek one hundred and fifty perches then the said 
creek to the point in the Whorekill north east six hundred 
and forty perches, containing and laid out for Six Hundred 
Acres, as by the return of the survey brought in by Captain 
Edmond Cantwell, the surveyor doth & may appear. I^ow 
for a confirmation unto him the said Henry Stritchor in his 
possession and enjoyment of the premises ; Know ye that by 
virtue of the commission and authority unto me given by 
his Royal Highness I have Ratified Confirmed & Granted 
and by these Presents do ratify confirm and grant unto the 
said Henry Stritchor, his heirs and Assigns the aforesaid 
parcel of land and premises. With all and Singular, the 
Appurtenances to have and to hold the said parcel of land 
and premises unto the said Henry Stritchor his heirs and 
assigns unto the proper use and behoof of the said Henry 
Stritchor his heirs and assigns forever. He continueino- in 
obediance and conforming himself according to the laws of 
the Government. And yeilding and paying therefore yearly 
and evry year as a quitt rent unto his Royal Highness six 
bushels of good wintor wheat unto such person or persons 
there in authority as shal be empowered to receive same. 

Given under my hand, and sealed with the seal of the 
Province in New York, the Twenty fifth day of March in 
the Twenty Eighth year of his Majesty's reign, Anno 
Domini, One Thousand Six Hundred and Seventy Six. 



* Stretcher. 
2 



20 CAPTAIN JOHN AVERY 

(Recorded by order of the Governor, the day and year 

above written.) 

E. Andross. 
Examined by me, 

Matthias Nicholls, Sec." 

" Know all men by these presents that we Henry Stretchor 
and Sarah Stretchor for a valueable consideration already 
received do by these presents alienate assign and make over 
all onr right title and interest of this within mentioned 
patent from us our heirs executors administrators and 
assigns unto Capt. John Avery his heirs executors adminis- 
trators and assigns forever. 

In Witness hereof, have hereunto set our hands this 11th. 
day of Feb. A. D. 1678. 

Signed sealed and de-^ Henry Stretcher [seal]. 

livered in the presence V the mark of 
Qf ^^g j Sarah X Stretcher, [seal]. 

Acknowledged in open court Feb. 11th. 1678. 

Test. Com. Verhoof Clk. Whorekills 

Recorded the 2nd. of May 1715. John Hepburn master 
of the Rolls, for County of Sussex." 

Pa. Ar., Sec. Ser., Vol. V, p. 705 : 

" Commission to Capt. John Avery &c. to be Justices at 
the Whore Kill in Delaware Bay. 

Sir Edmund Andros K' &c. : 

By vertue of his Ma"^' Letters Pattents & the Comission 
and Authority unto me given by his Royal Highness I do 
hereby in his Ma"'' ISTame Constitute, appoint and Authorize 
you John Avery, Francis Whitwell, Alexander Molestine, 
John Kiphaven, Luke Wattson, John Roades, & James 
Wells to be Justices of the Peace at the Whore Kill and 
dependences in Delaware Bay and any four or more of you 
to be a Co''' of Judicature And in case of Sickness, absence 



CAPTAIN JOHN AVERY 21 

or otherwise of ye first &c. The Next in Comission to pre- 
side Giveing and Granting unto you and every of you full 
power to Act in said Employm' according to Law Regu- 
lacon and former practise of which all Persons concerned 
are to take Notice & give you the due Respect & Obedience 
belonging to your Places in Discharging your Dutyes This 
Comission to be of force for the space of One Year after the 
date hereof and taking your Oathes and Places for the same 
or till further Order. 

Given under my hand and Scale of the Province in New 
York this 8"> of October in the 30"^ Year of his Ma*"^ Name 
Anog Domini 1678. 

E. Andross. 
Examined by me 

Mathias Nicholls Seer:" 

P. 706 : 

" Certificate of Cap' Avery taking the Oath with power 
to Administer to ye rest of ye Bench. 

By the Governor : 

Whereas you have this day taken your Oath as Magistrate 
or Justice of the Peace of the Co'^' at the Whore Kill in 
Delaware Bay for the ensueiug Yeare These are in his Ma"^' 
Name to Appoint and Authorize you at your Arrival there 
to Administer the Oath to the others Joyned w'*' you in 
Comission w'^'' done and having taken your Places to act 
accordingly. 

Given under my hand in New Yorke this 12"* day of 

Octob' 1678. 

Past the office 

M : N : Seer." 

From N. Y. Col. MSS., Vol. XXI, p. 62. Letter of Luke 

Watson : 

" Whoore Kill ye 30th June 1679. 
Honored Sir 

Your Honor hath beene pleased to Joyne me in Common 
with others As A Magistrate for this county ; which I have 
ever sence bene both willing and ready e to sarve you and 



22 CAPTAIN JOHN AVERY 

my Countrey to the best of my Judgment; And haveing 
that Trust reposed in me I look upon myselfe oblidged to 
Informe your Honor of such miscarriages and misdemeners 
as happen or fall out that Cannot be rectified here ; And 
that is the Grose Abuses that hath bene Commited by Capt. 
John Avery presedent of this Court ; both relating to the 
Trust reposed in him and other ways ; 

l'"y. That when the rest of the Magistrats could not Con- 
sent to doe and determine things as he would have it ; Con- 
trary to our Judgment He have in A greate Rage and furey 
went out of Court Cursing and swaring; Calling of the rest 
of the Court ifooles Knaves and Rouges ; wishing that if 
ever he satt Amongst us again ; that the devil might Com 
and fetch him away ; and also threeting and presently after 
did strik one of the Mgistrats with his Kane ; and had he 
not bene prevented by the spectators might a done much 
damage that way. 

2'^ He Tooke upon himselfe to Marry the widdow Claiment 
to one Bryant Roseles; without publiquation not withstand- 
ing shew . . out aske At Least a Moneth to an other man ; 
namly Edward Leeke; The which when the said Leeke 

hard that she was marryed to another man said 

before death, And presently home, fell sick and in 

about forty eight houres after Left it on his death 

that hur Marrying was the Cause of his 

3'y. He took upon him to grant A Licence to marry 
daniel Browne to Susan Garland widdow; without any 
publiquecation, which Marriage was eftected; notwith- 
standing it is Generally knowne ; or at least, the said daniel 
Confesses that he knows no other but that he have a wife 
Liveing in England ; 

4'y, one Judith the wife of Thomas Davids being sub- 
spexted to have stoolen sume goods from severall persions, 
the goods being found in hur Custidy ; was had in examina- 
tion by me ; And at flirst she did Confidently Afiirm that 
she brought the sd goods out of MaryLand ; and that they 
ware hur owne Lawfull goods; but she well knowing that 
it would be proved to be otherwise did soone Confess that 



CAPTAIN JOHN AVERY 23 

she (led Steele them and from whom ; upon hur Confession 

I made hur iss and commited her to the Custidy 

of the Cuustable Till the next Court then following; but 
soone After Capt. Avery sent a noote by hur husband°to the 
Cunstable requiring him to give hur hur Libiurty : threefen- 
ing both me that had commited hur and the Cunstable that 
ded detaine hur soe that the Cunstable being surprised with 
fearded discharge hur out of his Custidy; "in short he the 
said Capt. Avery is an Incouriger and upholder of dronkiug- 
nes Theeft Cursing swearing and ffightiug to the Affrighting 
Amazing and Terifieinge of his Mat''" quiet peacable 8ub° 

jects ; whoes grose weeckednes and unhuman Con 

if a timely stop be not put to it ; may Justly be expexted to 
bring downe gods Heavy Judgment upon this place. 

5'y. I goeing into the house of Helmainas Wittbanck on 
the fifteenth Day of this Instnt June being the Lords day; 
where the said Capt. Avery was drounk ; whoe soone after 
brooke out in a greate Rage and feurey ; (without any pro- 
vocation) ; Calling me beagerly Rouge and theefe with maney 
more reflexting speaches ; saying that he would prove me to 
be both Rouge and theefe : and that I was not worth one 
grot ; I ded tell him that if he would not give me stisfaccon ; 
for the abusse he had cast upon me ; that I would sue him ; 
To which he replyed ; That he would faine see any Mages- 
trate that would dare to signe a warrant or sumeanse Against 
him ; And that what he had said he would not be Account- 
able to any Court butonely to the Governer; and that he is 
above any power here ; soe that the other Commiseners have 
Refused to signe A sumeance Against him ; he Curses & 
swares at such A rate that he ffrights all others from doeing 
any thing in order to the bringing him to Justice. 

I could doe no Less these 

things before your for the Clearing of myselfe 

from haveinge any unity such his Abomenable 

wicked practices Life and Conversasion. 

And my Humble Request unto your Honnor is that you 
will be pleased to give such order and dirextions that the 
said Capt. Avery may be Compelled to make good his 



24 CAPTAIN JOHN AVERY 

Charge Against me ; or Else to give me such satisfaccoii as 
shall Appeare to you Just and Equiel; which is the thing 
desiered and Humblee Craved for by your Honnors 
Ohedeant & IFaithfull servant 

Luke Watson." 

(Note. — The in the above copy signify the loss of letters in 

the original manuscript where the paper was torn and missing.) 

Deeds, Georgetown, Del. 

Book A, p. 104 : 

" Ct. held for the Whore Kill 8 & 9 of April 1679, Com- 
missioners present, Capt. John Avery, M"" Frances Whit- 
well, M"^ Alex. Malleston, M' John Kipshaven, M' Luke 
Watson, M'' John Roads and M"" James Wells. There was 
granted unto Capt. John Avery 800 acres of land in addition 
to former grant." 

. From K Y. Col. MSS., Vol. XXVIII, p. 109 : 

" X. Yorke ye 9"^ of June, 1679. 
Capt. Avery 

I receaved yo" I thinck by this Bearer Mr. Peter Groenen- 
dyck & Did Direct Capt. nicolls to prepare an order in Answer 
to ye Several prticulars & some others but not being Done & 
Capt. nicolls out of towne, Upon the Sayling of said Groen- 
endyck occations this to tell you the Substance or Eesult, 
viz' I doe aprove & Confirme yo'' Choyse & Eecomendations 
of Cornells Verhoofe to Continue Clarke of the Co''' & Bee 
Surveyor till further order, & Mr. John Vines to bee Sheritfe 
Giveing Security Dureing this Co'^' Commission & theres an 
account of about 40,000 lbs of tobacco for Surveys which I 
heare is sworne to by Will™ Taylor afore Guilem Verplancken 
& Attested by him as Alderman being Iregularly & Illeagally 
taken bee void & of none effect & to Remaine as if not Done. 
I am 

yo' Affectonate friend 

E. Andros" 

Underneath was w^ritten, " True Copie from ye origionali 
Examined p^ mee, John Avery." 



CAPTAIN JOHN AVERY 25 - 

From K Y. Col. MSS., Vol. XXI, p. 76 : 

r, ^ . " ^^w Yorke, Ani,mst 23^ 1679. 

Capt. John Avery, 

Sir : Capt. Kathaniel Walker having the Last veare pro- 
duced a Survey under the hand of Cornells Verhoofe of a 
parcell of Land layd out for him at the whorekill, called 
Cedar neck, containing six hundred and eighty acres, the 
which was afterwards certifyed by your Co^, upon' my 
writing to them from the Governour about it: And the sd 
Capt. Walker having the Governours Grant of a patent for 
the same, hath for the present respited it upon his desire 
that there may bee incerted in the sd patent, besides the 
number of Acres aforemenconed, a certaine Swamp lyeing 
in the meddle of Cedar neck, together with the Sand Hills 
& pines by the Sea Side, with the Slashes & marshes or 
broaken land, betweene the sd neck and the sea, and lieho- 
bay bay, and the Indyan Inlett to the Southward, all wch 
the Governour is willing to comply with him in, provided it 
will bee no prejudice to any towneship or persons seated 
thereby & before his voyage to the Eastward, which hee 
began this day fortnight, had hee not beene very full of 
buisnesse had written to you himselfe, but being prevented, 
desired mee to doe it so that my Request to you is that you 
will propose it to the Co'* & if it will bee no prejudice as 
before, that you will with the first opportunitie returne mee 
your Result, that Capt. Walker may no longer bee delayed 
about his patent, who when he comes to settle amongst you, 
will I doubt not, prove a good neighbour & Inhabitant. I 
have not farther on this occasion, so subscribe 
Sir, 

Yo"" friend and Servant 

Matthias ISTicolls." 

Deed Office, Georgetown, Del. 

Book A, p. 106 : 

"At a Court held Dec. 1679, Capt. John Avery hath 
made and acknowledged a deed of conveyance of 300 
acres to Levit Collins and John West." 



26 CAPTAIN JOHN AYERY 

Same page : 

a ^^m p'utcher granted unto Capt. John Avery ' a parcell 
of land.' (No description.) 
Dec. 1679." 

Book A, p. 106: 

"At a Court held Dec. 1679, Henry Stretcher and Sarah 
his wife, for a valuable consideration already rec'd. acknowl- 
edged a ' patton' of land unto Capt. John Avery. Re- 
corded May 2, 1715. See Book D, p. 157-159." 

York's Books : 

" A parcel of land called ' Goulden quartered' patented 
to Capt. John Avery containing 300 acres, 7 Mar. 1681. 
Cornelius Vorhoofe, Surveyor. Certified by Luke "Wat- 
son." 

Deed Book No. 1, p. 10. Georgetown, Del. : 

" Warrant given April 16, 1682 to Capt. John Avery for 

the Island in Rehoboth Bay upon which he now lives, to be 

added thereto. The Court approve." 

Reg. of Wills, Georgetown, Del. : 

Will of Edward Boothe of Deal County. Bequest of 
300 pounds of tobacco to M^ Avery. Will dated 1682. 

Pa. Ar., Sec. Ser., Vol. XVI, p. 369 : 

" Oct. 29, 1682. From the Records in Sussex County. 
The entry of a notification, signed William Penn, dated 
at Upland, and directed to William Clarke, Luke Watson, 
John Roads, John Avery, Halmanus Wiltbank, and Alex- 
ander Molistone ; he notifies them, that the Duke of York 
had, by Feoft'ment, dated 24 Aug. 1682, past and conveyed 
to him, from 12 miles Southward of New Castle upon Dela- 
ware River, to Cape Henlopen, together with the Powers 
and Jurisdictions thereunto belonging, reserving unto him- 
self one Moyety of the Rent thereof, whereby the said Wil- 



CAPTAIN JOHN AYERY 27 

liam Peuii becomes, also, Proprietary and Governor of the 
before-mentioned Tract of Land ; He desires them to meet 
him, next Thursday, at the Town of Newcastle, being the 
2d of N"ovember, where he intends to hold a General Court 
for the settling the Jurisdiction of these, and your Parts, in 
which they will oblige him. If there be any Persons of 
Note, or others, that desire to be present, they may come 
freely, which you are desired to communicate. Sussex 
Eecords, X" 17. Fol. 16." 

(The foregoing was part of the evidence used in the 
case of Penn v. Baltimore. — E. J. S.) 

P. 370 : 

" Nov. 7, 1682. From the Records in Sussex County. 
Commission from William Penn Esq ; dated in New Castle, 
whereby he, as Proprietary, and Governor of Pensilvania, 
Newcastle, St. Jones, Whorekill abas New Deal, with their 
proper Liberties, does, in the King's Name, constitute Luke 
"Watson, "William Clark, John Roads, John Avery, and 
Halmanus Wiltbank, or any three of them, to be Justices of 
the Peace, and Court of Judicature for the County of 
Whorekill alias New Deal ; this Commission to be in Force 
for one Year, or till further Order. Sussex Records, N° 17, 
Fol. 17." 
. (Evidence in Penn v. Baltimore.) 

"Records of the Court of Sussex County, Delaware," 
from the old Court Docket in possession of the Pa. His. Soc. 

P. 104 : 

" April 1682 the Court grant unto Capt. John Avery the 
island lying in Rehouer Bay, adjoining unto the land that 
the said Capt. Auery * now lives upon and to be surveyed 
and added to his land he lives on. Wart, given out the 
16th instant." 

* In the old spelling the letter u was frequently used for v. 



28 CAPTAIN JOHN AVERY 

P. 129: 

" W"" Penii's Commission of the Peace Nov 7, 1682. 
Luke Wattson, William Clark, John Roades, John Anrey 
and Halmanus Wiltbank, to be Justices." 

P. 130 : 

" Record of the oath subscribed to by the above com- 
missioned justices on the 14"" of Nov. 1682. John Avery 
did not sign." 

P. 144 ; 

" Court held 9*^ 10'*' IT'' ir^ Mo. 1682. 



John Auery, plf. 
Richard Harvey, deft 



.} 



The suit falls by the death of the plf. who departed this 
life the 16*^ -"^ 1682." 

P. 166 : 

" Ct. held 13 & 15, ^ 1682. 

Sarah Aurey, plf., 

administratrix to ')■ In Action of Trasspasse. 

Capt Jo. Auery, deceased, j 
Richard Harvey, deft. J 

The plf. not appearing to present her suit and the deft, 
crauving an non suit the Court order an non suit to be en- 
tered Agt. the plf. with Costs of suit. Als. Execution eod. 
die." 

P. 168 : 

" Sarah Auery, Administratrix "] 

of the Estate of Capt. John Avery, •' An action of 
deceased, plf. j the case." 

William Traford, deft. J 

P. 171 : 

" Hercules Sheepard, petitioner. 

The petitioner sets forth by his petition that Capt. John 
Auery, deceased, did before the petitioner was joined in 



CAPTAIN JOHN AYERY 29 

marriage with Mary, the wife of the petitioner and daughter 
of the said Capt. Auery, [say] that he would give unto your 
petitioner with his daughter a certain parcell or tract of 
hind which was late in the occupation of Thomas Davids, 
together with the plantation, house & premises thereunto 
belonging, which said land Lyes Between the land of John 
Depree and the land that the widow Auery now lives upon, 
and that the said John Auerv did after the said marriage 
was solemized give your petitioner possession of the said 
land and premises ; and that he did declare the same when 
he lay upon his death bed and proved the same by the testi- 
mony of several witnesses. The Court, taking the same 
into their consideration and several members of the Court 
having themselves heard the said John Auery say that his 
daughter Mary should have the said land, the Court, 
therefore, pass their judgment that the land do properly 
belong unto the petitioner and his heirs and assigns forever." 

P. 172: 

" Eodie. Upon the petition of Sarah Auery, the admin- 
istratrix of John Auery deceased, the Court is pleased to 
remit and fors^ive the fine of the said John Auery that is as 
yet unpaid, being nine hundred and fifty pounds of tobacco." 

P. 204 : 

" Id'*^ 6 mo. 1683. 

The Court ordered the appraisers of Capt. Auery's Estate 
should appraise it as it was when he died as near as could 
be and if any of the 4 appraisers be wanting, they may 
choose another in his place, and that John Roads shall swear 
them for the true appraising thereof." 

From K Y. Coll. MSS., Vol. XXI, p. 127 : 

" To the Eio-ht Honuor^'* Edmond Andros Governor Gen- 

erall over ye nord" parts in Ameryca. 

The humble Peticon of Pef Groenendyck sheweth 
That Whereas yo'" peticon' att ye Whorekill hes obtained 

on order against Capt John Avery for ye sume of Lb23 : 



30 CAPTAIN JOHN AVERY 

01' : 7}^ : in money & 2116 pounds of tobacco for ye wich sd 
sume of money & tobacco Execution was Granted & served 
upon sume of sd Capt. Avery his astate & preased, but so it 
is yt sd goods is preased so extrordinary onreasonably as 
yo' honnor if please by ye Proceedings thereof may see so 
yt yo'' peticioner should bee a greate Looser thereby. 

There for yo"" Peticion"^ humbly Requests yo"" honn' will be 
pleased to take this in his Cerius Consideration & to Grant 
yo' peticion' on order yt ye sd goods may be sould att a pub- 
like outcry or other ways yt ye preasers may be compelled 
to keepe ye sd Goods at ye prise as it is prased . . them & 
yt yo' peticion' may have his Just due According to ord' & 
so yo' peticion' shall pray for Ever." 

From K Y. Coll. MSS., Vol. XXVI, p. 102 : 

" At a Gen" Co'* of Assizes held in I^ew Yorke begin- 
ning the 3"^ & ending the 5'^ day of October (1677). 

Peter Groenendyke pit John Aver & Henry Smith 
defts. 

The pit having at the last Co" of Assizes made Comp" 
ag" the Co'* & Jury at the Whorekill that they had not done 
him justice in an action depending there between the pit & 
Henry Smith one of the defts alleadging the presid' to bee 
a party ag'* him or Attorney to the sd Smith & producing 
under the hand of 6 of the Jury that they were misled in 
the case, severall matters being then alleadged of want of 
proofe, & Henry Smith not appearing, The case was referred 
to this Co'* where none of ye defts but Henry Smith being 
present whose excuse for non attendance on ye last Co" was 
admitted, & pleading not to have had Legall Sumons, or a 
declaracon delivered in ag'* him now according to Law, The 
Co" doth dismisse the Cause & order the Action to bee 
devided. That is to say the pit in one Action to prosecute 
the Co" & Jury & in another shall prosecute the sd deft 
Smith by way of Appeale at the next Gen" Cort of Assize. 

It is likewise ordered that Evidence taken in open Co" at 
the Whorekill relating to this matter shall bee admitted in 
this Co" as valed. And the pit & deft are both to put in 



CAPTAIN JOHN AVERY 31 

security the one to prosecute & the other to make answer at 
the Co"^ aforesd. 

By order of ye 00^^' of Assizes." 

From K Y. Col. MSS., Vol. XXVI, p. 103 : 

" At a Gen" Co'* of Assize 

Peter Groenendyke Pit John Avery & Henry Smith, 

defts. 

In the case between the Pit & Defts brought into this Co'* 
by way of Appeale from the verdict & Judgment of the 
Co'* at Whorekill in Delaware, wherein the Pit taxeth both 
Co'* & Jury for acting contrary to law & Justice in a suite 
depending betweene him & Henry Smith one of the defts : 

The matter being debated in Co" & it being alleadged 
that severall evidences & Copies of ye Co" Records were 
wanting, which if time were given might bee produced & 
the sd Henry Smith one of the Defts though served with 
the order for his Appearance being absent : It is ordered 
That the farther hearing of the Case bee remitted until th. 

Gen" Co" of Assize to bee held in city when 

all partyes concerned are to appeare, & bring their farther 
proofes & evidences with them. 

The Costs & Charges of this Co" to bee pd by Henry 
Smith by reason of his non-appearance unlesse hee shew 
good Cause to the Governor for the same, which if hee doe, 
then to bee pd by the pit. 

By order of the Gen" Co" of Assizes." 
(Endorsed 1677.) 

From K Y. Col. MSS., Vol. XXL, p. 122 : 

" Att A Called Court Held for the Whoore Kill the first 

day of May Anno Dm. 1680 ; 

„ . . f Mr. Alexander Moulston f Mr. Luke Wattson \ . 

Commissioners-^,, ^ , ^^. , i nr t -wr h f pseni. 

I Mr. John Kiphaven I Mr. James Wells ) 

Peter Groundik pit 
Capt. John Avery deft. 
Whereas the deft the last Court Appealed from the ver- 
dict of the Jurey ; the deft In psuance for the Judgmt to 



32 CAPTAIN JOHN AVEKY 

the said verdict of the Jurej given In the last Court upon 
A defierance then depending betweene this pit and this deft, 
of which verdict the deft then Appealed, the Court therefor 
hath Excamined the Matter of the proceedings from the 
last Court and pass Judgment to be entered Against the 
deft to pay forthwith According to the verdict of the Jurey 
beinsc the sume of Two Thousand one hundred and sixteene 
pounds of Tobacco and lb23 : 00s : 7|d of money, one shill 
of dammages with Cost of suite Alias Exemtion and the 
bonds passed for the prossecution and Answering the said 
Apjjeal from the order of the last Court to be void and 
surrendered to each party ; and if the deft be Agreeved of 
this Judgment may if please entry Appeale to the Honnor- 
able Governor & Councell According to Law ; 

Test CoRNELOus Verhoofe Cler. 
A True Coppie taken & examined, pr. Wm. Clark." 

Extracts from the old Court Docket of Sussex County, 
Delaware, in possession of the His. Soc. of Pa., p. 53 : 

" 14, and 15, June 1681. 

The differences that are depending between Capt. John 
Avery and Peter Groundyk concering the account of Capt. 
Avery overcharging the said Peter Groundyk, it is ordered 
and agreed by both the said parties that it shall be referred 
to two men to be by them chosen to end and determine, as 
also what is once charged in the said Peter Grouudyk's 
account to Capt. John Avery ; and the charges of the Suit 
that was this day tried between them to be paid equally by 
them ; and both persons to enter into bond, the one to the 
other of one hundred pounds ... to stand to the award of 
the two men to be chosen." 

P. 57. Same date : 

" Henry Bowman, plf. } . ^. r t\ \ ^ 
^ , -r, T \ y An action oi Debt. 

Joseph Browne, dett. j 

The deft, being out of the Government and his attorney, 
Capt. John Avery, being sick, petitions the Court for a ref- 



CAPTAIN JOHN AVERY 33 

erence ; the Court, therefore, grants the deft, a reference 
until the next Court." 

Same page and date : 

" Henrj Bowman, plf 

Andrew Depree and J. An action of Debt." 

Joseph Browne, defts. 
Entry as above. 



" Joseph Browne & \ 

Andrew Depree, plffs. I An action of Debt." 
Henry Bowman, deft. j 
Entry same as above. 

P. 58. Same date : 

" Thomas Howard & Wrights 

Howard, plffs. V Action of Trespass." 

I^athaniel Walker, deft, j 
Entry same as above. 



" Andrew Draper, plf "I . ,. ^ , ^ 
m T\ ' I XX > Action of the Case. 

Thomas Denison, deft. / 

Entry same as above. 



" Capt. John Aver}^ plf 
Benjamin Couc 
Entry as above 



•r> . • /-( 1 jr^' > Attachment." 
Benjamin Coudrey, deft, j 



P. 59. Eodie: 

r-i 1 r r. a j'lh. I Action of the Casc." 

Capt. John Avery, deft, j 

Entry as above. 



P. 62 



" Capt. John Avery, plf. 1 , ^ „ 

Peter Grundyk, deft. / ^^^"^ ^P'^'' ^^^ ^^'^' 



34 CAPTAIN JOHN AVERY 

" In June Court last it was Referee! by Agreement of the 
plf. and the deft, to be tried in December Court next ensu- 
ing, the date thereof or sooner if the deft, be here ; in Sept. 
Court the deft, not being here the cause is referred until the 
next Court; in November Court the deft, not being here 
the cause is referred until the next Court." 

P. 62: 

" 8 & 9 of Nov. 1681. 

Henry Bowman, plf. i . , . n t\ -u^ 
*; -r, ; rv > An action of Debt. 

Joseph Browne, deit. j 



Jurymen «| 



f Alexander Draper William fFootcher 

Daniel Brown John Smith 

William Emitt John Lons; 

^ Simon Psawling 



o 



In Sept. Court the deft, being out of the Government and 
his Attorney, Capt. John Avery being sick petitioned the 
Court for a reference ; the Court therefore granted the deft, 
a reference until the next Court ; in November Court the 
plf. declares that the defendant stands indebted unto him in 
1000 lb. of tobacco ; the deft, pleads that he had satisfied 
the Sheriff for that debt and craved a jury to try the cause ; 
and after it was debated on both sides, the jury went out 
and brought in their verdict, that they find that the deft, had 
paid and satisfied the 1000 lb. tobacco by Capt. Avery en- 
gaging for the payment of it and therefore find for the deft, 
with one shill. damages and costs of suit. The Court passed 
judgment accordingly according to the verdict of the jury. 
Alias Execution." 

P. 68: 

" 8, 9, Nov. 1681. 

Thomas Howard & 

Wright Howard, plfs. ^ An action of Trespass. 
Nathaniel Walker, deft. 



CAPTAIN JOHN AVERY 35 

r Norton Claypoole Alexander Draper 
j Henry Bowman James Welles 

Jurymen I '^^^^^ Smith Halmanus Wiltbank 

1 William fiootcher Robert Bracey 

I John Hill Samuel Gray 

I Thomas Finder Daniell Browne 

1181009 

In Sept. Court the deft, being out of the Government and 
his Attorney, Capt. John Avery, being sick, petitioned the 
Court for a reference ; the Court, therefore, granted the deft, 
a reference until the next Court ; the plfs. declare that the 
deft, committed a trespass on his land; the deft, denied it; 
and both plf. and deft, agreed to put it to a jury, before 
whom the business was debated, after which the jury went 
out and brought in their verdict, expressed in these words : 
the jury finds for the deft, and gives him twelve pounds 
damages. The Court order judgment to be entered accord- 
ing to the verdict of the jury. Alias Execution." 

P. 63: 

" 8, 9, Nov. 1681. 

Henry Bowman, plf. ^ 

Joseph Browne and V An action of Debt." 

Andrew Depree, defts. J 
Capt. John Avery, Attorney for Deft. 

" Joseph Browne & 

Andrew Depree, plffs. 
Henry Brown, deft. 
Action withdrawn by order of plfs Atty." 

P. 64: 

" 8, 9, Nov. 1681. 

Andrew Depre, plf. "I . ^. ^ ^i /-. >. 
™, -r^ . T n^ r An action of the Case. ' 

Thomas Denison, deft, J 

Capt. John Avery, Attorney for Deft. 

S 



36 CAPTAIN JOHN AVERY 

Ibid. : 

" Capt. John Avery, plf. "I An action of the case 
Benj. Coudrey, deft. / upon attachment. 
Plf. non suit for default of an appearance." 



P. 65. Same date : 

" Francis Gunby, plf. \ An action of the Case. 
Capt. John Avery, deft. / (Debt.) 

Judg. for plf." 

P. 68: 

"13 Dec. 1681. 

Capt. John Avery, plf. "I -^. ., 

^^ ^ , , •; \5 > Plea upon the case. 

Peter Grundyk, deft. J ^ 

Referred until next Court." 

P. 70. Same date : 

" Capt. John Avery, plf. 1 . ^. ^ ^, 

-_. ^^ , ^ ol c An action of the case. 

Ben. Coudrey, dett. ) 

Referred until next Court." 



Same page and date : 

" Capt. John Avery, plf. "1 . ^. „ ^, 

rr, . r^ ^ i >J f Au actiou 01 thc case. 

iirancis Gunby, deit. ) 

Verdict for plff." 



Same page and date : 

" Capt. Avery, plf. \ . , . ^ , , 

«. >>, IIP r An action oi the case. 

lira. Gum by, dett. J 

Nonsuit." 

P. 75: 

" 10 Jan. 1681. 

Capt. John Avery, plf. 1 ^. ,, 

^ ^ _, -.IIP } Plea upon the case. 

Peter Grundyk, deft, j 

Nonsuit." 



CAPTAIN JOHN AVERY 37 

P. 76. Same date : 
*' Capt. John Avery, plf. I 
Benjamin Coudrey, deft. / ^^^' 
Verd. for plf." 

P. 91: 

"14, 15, March 168^. 

Capt. John Avery, plf. \ 

Richard Patte, deft. J ^^^®- 

Withdrawn." 

P. 129 : 

1682. 

" Coppie. William Penn Escf Proprietary & Gov- 

7'" 9ber. ernor of Pennsylvania, New Castle, St. 
Jones, Whore Kill, als New Deale with 
their proper Libertys : 

I doe in the King's name hereby Constitute & Authorize 
you Luke Wattson, William Clark, John Roades, John 
Auery and Halmanias Wiltbank or any three of you to be 
Justices of the Peace And Court of Judicature for the 
County of Whore Kills als New Deal, to Act in the said 
Imployment and Trust for the preservation of the peace and 
Justices of the prouience. Hereby willing and charging all 
persons within the said Limits to take notice hereof. An 
accordingly to yield you all due and Just obedience in the 
discharge of your said Trust. And this Comixon to be of 
force for the space of one whole year from the date hereof 
or untill further order. Giuen under my hand and Seal In 
New Castle this 7"^ day of November 1682. 

W" Penn 
To My Loving ffriends 
Luke Wattson 
W" Clark 
John Rhoades 
John Auery 
Halmanias Wiltbank" 



38 CAPTAIN JOHN AVERY 

P. 162 : 

" 9, 10, 11, -^ 1682. 

The Court order and appoint John Roades, Norton Clay- 
poole, William footcher and John depree Appraisers of the 
Estate of Capt. John Aiiery, deceased." 

P. 172: 

" Upon petition of Sarah Auery, Admx. of Capt. John 
Auery, deceased, the Court remit a fine against decedent." 

P. 204 : 

"31, 6 mo, 1683. 

In re appraisement of Estate of Capt. Jno. Auery, 
dec'd." 

P. 243 : 

" 11'^ V' mo. 1684. 

Mathew Scarborow, plf. 

Robert Clifton, marrying I ^ 

the Relix & Admx. of Capt. 

John Avery. 
Nonsuit." 

P. 11, N° 2 : 

" 11th i8t jj^o 1384^ 

William Roades, plf. "^ 

Estate of George Andrews I Case upon 
in the custody of Robert [ Attachment. 
Clifton, deft. J 

Suit withdrawn. Sarah mentioned as wife of Robert 
Clifton." 

P. 12, N° 2 : 

" Eodie. 

Mathew Scarborow, plf. "^ 

Robt. Clifton, marrying I p <, 

the Relix & Admx. of j 

Capt. John Avery, deft. J 
Nonsuit." 



CAPTAIN JOHN AVERY 



39 



Sussex County Court Record. (Old Docket in possession 
of the Pa. His. Soc.) 

P. 46 : 

" Court held 12*'' 6 mo. 1684. 

Thomas Hodgkins petitioned agst. the Estate of Capt. 
John Avery for being indebted to the Estate of Halmanus 
Wiltbank, seventeen hundred and ninety pounds of tobacco 
and one hundred and ninety five pounds of pork due, upon 
account for which 1798 lb. tobacco and 195 lb. pork he 
craves order of this Court for, with costs. Thomas Clifton 
and Sarah his wife, who is the relict and administratrix of 
the Estate of Capt. John Avery, do plead they have never 
had a copy of the said account and do believe they may 
have a discharge to part of the sd. account or that they may 
have another account agst. it; upon which, the Court 
orders the petitioner to deliver unto Thomas Clifton a copy 
of the account." 

" Return of Proprietory Quit Rents in Lewes and Reho- 
both [Hundreds] of Sussex County on Delaware, 18 of 12 
mo. 170f." 



P. 2: 

"Richard Hinman— 300 
acres on King's Creek. 

Refuses to account. 



Part of 800 acres called 
' Avery's Rest,' granted by 
Pat. from S' Edmd. Andros, 
dat. 15 Jany. 1675, to John 
Avery, who sold about 200 
to Jno. Depre whose son 
John holds it. The other 
600 he left to his 2 daugh- 
ters, Mary and Jemima. 
Mary intermarried with 
Hercules Sheppard and R. 
Hiuman married her, being 
his widow. Capt. Avery 
died 1682." 



40 



CAPTAIN JOHN AVERY 



" John Morgan, 300 acres. 
Nothing appears. 



P. 10: 

" George Marriner, 300 
acres. 



The other moiety of the 
600 acres left by Capt. Averj'' 
to his daughter Jemima who 
intermarried with John Mor- 
gan ; he married his wife 
about 7 years ago." 

Taken up by Capt. Avery 
who sold it to Jno, Shep- 
pard, whose attorney sold it 
to Marriner. It was taken 
up about 1680. 

900 acres granted by Sir 
Edmund Andros, by patent 
dated 20 Aug. 1679 to Robt. 
Hignat & Jno. Crew. Jno. 
immediately sold his interest 
to R. Hignat." 

Deed Book A, p. 74, Georgetown, Del. : 

" John and Jemima Morgan, plaintiifs ; Richard and 
Mary Hinman, defendants. Griffiths Jones, attorney for 
the former ; James Thomas, attorney for the defendants. 

Declaration was read against the defendants for £200 
damages, for gainsaying to make partition according to law 
of a certain 800 acres of land lying upon Rehoboth Bay, 
belonging to said Mary and Jemima, the late inheritance of 
Capt. John Avery, their father, deceased. A copy of the 
record with manifesto to possession of one of the said mes- 
suages given by Capt. Avery in his lifetime to Hercules 
Shepard, joined in marriage with the said Mary, and the 
said Capt. Avery in his lifetime often saying, and upon his 
death -bed, that his daughter Mary should have the land, 
which several members of the Court having also heard the 
said Capt. Avery declare the same; therefore, upon the 
petition of the said Hercules Shepard, the Court passed 
judgment that the land doth belong to the same petitioner 
and to his heirs and assigns. 



CAPTAIN JOHN AVERY 41 

The plaintiffs attorney pleaded that the Court could not 
make title to lands, nor no one else, except Captain Avery 
had done it by deed and writing under hand and seal, 
acknowledged according to law in his lifetime. 

The Defendants Attorney pleaded that the said Hercules 
had been at great charge and trouble in building upon and 
improving the said land for the good of his children, which 
is a thing of great moment and should be taken notice of, 
as that they have had sixteen or seventeen years quiet pos- 
session. 

With some other pros and cons, the case was left to the 
jury which found for the plaintiffs, saving the improvements 
of Hercules Shepard to the defendants. Thomas Fenwick, 
foreman. The Court accepted the verdict and ordered a 
jury of twelve men to meet at said plantation on Saturday, 
18 June 1698, to view and appraise the improvements of 
said Hercules Shepard and to make return of the same 
valuation and appraisement at next assembling of Court. 
Issued out the 17"" instant." 

Deed Book A, p. 217, Georgetown, Del. : 

" John and Jemima Morgan, at a Court held 9 June last 
(1698), did recover judgment of Court by verdict of the 
jury against Eichard and Mary Hinman for partition and 
division of two messuages or plantations of 800 acres left to 
be divided equally according to the true and equal worth 
and value of the whole according to the said verdict of 
improvements of Hercules Shepard, deceased, to the use of 
his children by the said Mary. The Court ordered a jury 
of twelve freeholders, who, 28 June 1698, by William Dyer, 
Sheriff", gave unto the Court in writing the following : The 
Jury whose names are here subscribed have valued and 
appraised the land and plantation, formerly belonging unto 
Capt. John Avery, now in dispute between Richard Hinman 
and Mary, his wife, and John Morgan and Jemima, his wife, 
coheirs of the same John Avery. That part of the land as 
now divided with the plantation where the said John Avery 
formerly lived and the other half where Hercules Shepard 



42 CAPTAIN JOHN AVERY 

formerly lived is valued at £380. Our verdict is that which- 
soever of them hath the plantation and dividend of land as 
now divided and where the said Capt. Avery lived shall pay 
to the other 100£ current money. And whichsoever of 
them shall have the other division where Hercules Shepard 
formerly lived shall pay the improvements as appraised by 
the former appointed Jury. Witness our hand 23 June 
1698. 

Thomas Fenwick James Askue Thomas Besant 
John Meirs Henry Stretcher Peter Lewis 

John Paynter Richard Paynter Cornelius Wiltbank 

John Barker Robert Barton Richard Williams 

William Dyer. 

John and Jemima Morgan being present acknowledge 
themselves agreed within themselves for choice in the 
premises. " 

Deed Book F, fol. 21 : 

"Deed dated Aug. 7, 1720, Recorded Aug. 7, 1722. 
Henry Draper of Sussex County, and Sarah his wife, one 
of the granddaughters of John Avery, deceased, Convey 
to Richard Hinman Esq. | portion of 800 acres confirmed 
by patent unto John Avery, 15 Jan. 1675, called ' Avery's 
Rest,' lying upon Rehoboth ; and in same deed it is recited 
that said John Avery died intestate, leaving issue five chil- 
dren, viz : Mary, Elizabeth, Sarah, Jemina and John, since 
deceased, and that the said Sarah intermarried with John 
Kipshaven and had issue Sarah Draper and that Sarah the 
mother being dead, the said ^ int. doth belong to Sarah, 
wife of H. Draper." 

Robert Clifton, the second husband of Sarah, the widow 
of Captain John Avery, was quite a prominent man in Sus- 
sex County. He was appointed one of the judges of the 
Court April 9, 1686, and appears in oflice as late as 1696. 
(See the Court Records of that period.) 



CAPTAIN JOHN AVERY 43 

There was a younger Robert Clifton who married Anne, 
dan. of Thos. Fenwick, but whether he was the son of the 
former by his marriage with Capt. Avery's widow I have 
not ascertained. 

Sarah Clifton appears upon the Court Record May 5, 
1703, as widow of Robert Clifton. ITpon the death of the 
former Robert Clifton, the widow married, third, Thomas 
Clifton, who was a Prov. Councillor, 1690. (Col. Rec, 
Vol. I, p. 324.) I do not know what relation he was to 
either of the aforementioned Robert Cliftons. 

Capt. John Avery left issue by his wife Sarah : 

2. Mary. 

3. Elizabeth. 

4. Sarah. 

5. Jemima. 

6. John. 

II. 2. Mary Avery, dau. of Capt. John Avery (1), m. 
first, Hercules Shepheard; second, Richard Hinman. 

Old Court Docket of Sussex Co. in possession Pa. His. 
Soc. 

"14, 15, March 1681, The Court grant unto Hecules 
Sheepard 300 acres; warrant given him the IB*""." 

" List of Officers of the Colonies on the Delaware and the 
Province of Pennsylvania, 1614-1776." (Pa. Ar., Sec. Ser.) 

P. 664 : 

Hercules Shepherd appointed a Justice of the Peace 1683. 

The old Court Docket of Sussex County in possession 
of the Pa. His. Soc. 

P. 207: 

Hercules Shepherd present as a Judge of the Court 1683. 

P. 214 : 

Ditto. 



U CAPTAIN JOHN AVERY 

P. 228 : 
Ditto. 

P. 239 : 

Ditto. The signature of " Hercules Shephearcl," subscribed 
to a Declaration of Fidelity to the Proprietary by the Judges 
of the Court. His name is distinctly spelled " Shepheard," 
although references to him and the names of his descend- 
ants, named after him, appear spelled either " Shephard," 
" Sheppard," or " Shepherd." 

It is very difficult to give the numbers of the pages of the 
references in the old Docket before mentioned, as it is not 
numbered regularly. References, therefore, must be sought 
according to the dates given. 

Hercules Shepheard sits as a Judge of the Orphans' 
Court, 2, 7 mo., 1684. (See also Scharf's "His. of Del," 
p. 1211.) 

"List of Officers of the Colonies, etc.," p. 667; "Duke 
of York's Laws," p. 495. 

Hercules Shepherd, Member from Sussex of the Assembly 
of the Three Lower Counties, 1684. 

Hercules Shepheard acknowledges sale of land to Norton 
Claypoole for use of daughter Mary, 10, 1 mo., 1685. (I do 
not know whose daughter is meant.) 

Richard Hinman and his wife, Admx. of Hercules Shep- 
heard, appear in Court May 9, 1706. 

Orphans' Court held May 9, 1706, Richard Hinman and 
Mary his wife, Admx. of Hercules Shepherd dec'd., filed an 
account. 

Hercules Shephard appears as one of the Overseers of 
Highways Oct. 5 & 6, 1687. 



CAPTAIN JOHN AVERY 45 

Orphans' Ct. held Mar. 4, 1706, Richard Hinman, in right 
of his wife Mary, Admx. of the Estate of Hercules Shepherd, 
deceased. 

Hercules Shepherd fined 10/ for non-attendance as a jury- 
man Dec. 7, 1694. 

"Orphans' Ct. held Sep. 2, 1707. Richard Hinman 
appeared in relation to the Estate of Hercules Shephard 
deceased, and Comfort Shepheard, daughter of Hercules 
Shepheard acknowledged herself satisfied in her father's 
estate." 

" Civil List of Officers &c." 

Richard Hinman mentioned as a Justice of the Peace 
1719. 

Richard Hinman Commissioned a Judge of the Supreme 
Court by William Keith, April 13, 1720. (Record Book D, 
p. 384.) 

Book D, p. 64 : 

Mary, wife of Richard Hinman, gives to her son eTohn 
Hinman, from natural love and aft'ection, by deed of gift, 
land belonging to John Avery, her father. Dated May 3, 
1709. Rec^ord^ed Aug. 9, 1709. 

Mary (2), by her husband Hercules Shepheard, had issue : 

7. Sarah. 

8. Comfort, m. first, Prettyman ; m. second, 

Simon Kollock, from which marriage the 
writer descends. For the descendants, see 
" Kollock Genealogy." 

9. Alice, m. Col. Jacob Kollock. For descendants, 

see " Kollock Genealogy." 

10. John. 

Mary (2), by her husband Richard Hinman, had issue : 

11. John. 

12. Richard. 



46 CAPTAIN JOHN AVERY 

III. 11. John Hinman, son of Richard Hinman and 
Mary Avery Shephard (2), his wife, m. Mary . 

Will Book A, Georgetown, Del. : 

Will of John Hinman, dated Aug. 27, 1724, probated 
Sep. 23, 1727. Mentions wife Mary, two sons, John and 
Richard, and daughter Elizabeth. He also mentions his 
brother Richard Hinman, John Roades and Philip Russell, 
Overseers. 

John Hinman (11) and Mary his wife had issue : 

13. John. 

14. Richard. 

15. EHzabeth. 

HI. 12. Richard Hinman, son of Richard Hinman and 
Mary (2) his wife, m. . 

Will Book A, p. 373, Georgetown, Delaware. Will of 
Richard Hinman : 

" In the name of God Amen The thirtieth day of January 
one thousand and seven Hundred and forty one, I Richard 
Hinman of the County of Sussex Upon Delaware being 
sick and weak of body but of good sound disposing mind 
and memory praised be God for the same and knowing the 
uncertainty of all things on Earth and being desirious to 
settle things in order and dispose of that Estate which God 
of his Goodness far above my deserts hath been pleased to 
bless me with do make ordain constitute and appoint this 
my Last will and testament to be in manner and form fol- 
lowing. 

I give and bequeath my soul unto the hand of Almighty 
God who gave it me and my body to the Earth to receive 
such decent Christianlike Burial as by my Executrix and 
Executor hereafter named shall be thought meet and con- 
venient in sure and certain hopes of a resurection in and 
through the Merits and Mediation of my blessed Lord and 
Saviour Jesus Christ. 



CAPTAIN JOHN AVERY 47 

I give and bequeath unto my daughter Naomy Roades 
widow of John Eoades deed., the Land and plantation 
whereon I now dwell containing three hundred and thirty 
five acres of land and Marsh taken up and pattented in 
ray own name as pr the pattent being thereunto had may 
more fully appear with all the Housing and Improvements 
thereunto belonging with and Island of land and Marsh 
lying in Rehoboth Bay partly adjoining to the afsd. land 
commonly called and known by the name of the Horse 
Island to her and her heirs forever. 

I give and bequeath unto my two grandsons Hinman 
Roads and John Roads Sons of my above sd. daughter 
iTaomy all other my land and plantation which I purchased 
from Daniel Coe and others in this County or elsewhere 
with my housing and lots in and near Lewis Town to be 
equally divided between my afsd. two grand sons in quality 
and quantity to be posest thereof when they arrive to the 
age of twenty one years or day of marriage which shall first 
happen to them and their heirs forever. And in case either 
of the above sd. two grandsons should die before they arrive 
to lawful age or day of marriage as aforesd. then the sur- 
vivor to enjoy the whole land and housing as aforesd. to him 
and his heirs forever. I further will and order that all of 
my estate consisting either in negroes gold silver paper 
money household goods cattle sheep horses hogs or any 
other merchandise or moveables whatsoever in this County 
or elsewhere to be divided into three equal shares one full 
third part thereof I give and bequeath unto my afsd. 
daughter Naomy Roades and her heirs forever; one full 
third part thereof I give and bequeath unto my grandson 
Hinman Roades and his heirs forever. And the other third 
part I give and bequeath unto my grandson John Roades 
and his heirs forever. 

Lastly, I make and ordain my aforesd. daughter Naoma 
Roades and my friend Cornelius Wiltbank Esq. Executrix 
and Executor of this my last will and testament, thereby 
revoking all other will or wills by me heretofore made 
either by word of mouth or in writing. In witness whereof 



48 CAPTAIN JOHN AVERY 

I have hereunto set my haud and Seal the day and year 
first within written. 

Rich" Hinman [seal] 

Signed Sealed published pronounced and declared by the 
afsd. Eichard Hinman to be his last will and testament in 
the presence of us 

John Bicknall 

John Molleston John Lewis" 

This will was probated the 13"' of August, 1742. 

Col. Rec, Vol. Ill, p. 259: 

Richard Hinman commissioned a Justice of the Peace for 
Sussex Co. 

P. 270 : 

Apr. 20, 1727, again commissioned. 

Richard Hinman (12) and his wife had issue : 

16. Naomy. 

IV. 16. IsTaomy, dan. of Richard Hinman (12), m. John 
Roades and had issue : 

17. Hinman. (See will of Richard Hinman (12).) 

18. John. (Ditto.) 

II. 4. Sarah Avery, daughter of Capt. John Avery (1) 
and Sarah his wife, m. John Kipshaven. 
Will of John Kipshaven on file at Greorgetown, Delaware. 

P. 664 : 

John Kipshaven mentioned as a Justice of the Peace, 
1681. 

"List of Officers, etc.," p. 667; Col. Rec, Vol. I, p. 48. 

John Kipshaven Member of Assembly from Sussex 2, 2 
mo. 1682-3. 

(For further reference to John Kipshaven and his wife 
Sarah (4), see account of Capt. John Avery (1).) 



CAPTAIN JOHN AVERY 49 

John Kipshaven and Sarah his wife had issue : 

19. Sarah, m. Henry Draper. (See Capt. John 
Avery (1).) 

II. 5. Jemima, dan. of Capt. John Avery (1), m. John 
Morgan. (See Capt. John Avery (1).) 

II. 6. John Avery, son of Capt. John Avery (1), d. young, 
according to the letter of Daniel Nunez, a copy of which is 
herein inserted. 

The original letter, of which the following is a copy, is 
in possession of Mr. Charles Swift Riche Hildeburn. Daniel 
Nunez, the writer, married Hannah, daughter, of Col. Jacob 
Kollock and Alice Shephard, referred to in the letter, which 
is addressed to John Swift, who married the said Hannah's 
sister, Magdalen Kollock. (See " Kollock Genealogy.") 

" Sir : 

I have after a long search amongst the old records found 
most of the papers that is necessary for us towards the re- 
covery of our part of the land that belonged to the late M" 
Alice Kollock, but as there is [word torn out] papers at 
Philadelphia and New Castle which [word torn out] be 
necessary for us to have as we must depend altogether upon 
copys as the originals are out of our possession and the 
tenants in possession are determined not to give up any part 
of the land until it is legally recovered from them for which 
reason I shall be obliged to you to make search in the Sur- 
veyor general's office in Philad* for the surveys & returns of 
the following tracts of land and send a copy of them down 
to me, viz, one granted to Cap' John Avery the 9"^ April 
1679 for 800 acres called Avery's rest also a grant or resur- 
vey of an island laying adjoyning to the atV tract granted 
the le^*^ April 1682\but I believe this island was afterwards 
secured by Hercules Shepard surveyed and Patented in his 
own name as Avery died some short time afterwards) another 
tract called Martin Vinyard or black walnut neck granted 
& Patented to Henry Strecher which he afterwards assigned 



50 CAPTAIN JOHN AVERY 

over to Avery there is one or two more tracts Avery had a 
right ill but how they have been transferred from his heirs 
or how he came by them I cannot at present say. I want 
also the survey and return of a grant that was made to Hur- 
cules Shepard the 16 March 1682 for 300 " but if it should 
be for any lands on the South East side of Indian river I 
have [word torn out] use for it as I have the original Patent 
for all the [word torn out] he held on that side of the 
river, but should you in your searching find any more sur- 
veys & returns of land made to either Avery or Shepard 
please to take notice of them and send me what they are 
for and I will let you know whether they will be of service 
to me or not. 

As you Sir may want to know how we claim under Avery 
I will just give you a short state of our descent from him 
viz. Avery died intestate and left issue four daughters and 
one son to wit Mary, Elizabeth, Sarah, Jemima & John the 
son died a minor Hercules Shepard intermarried with Mary 
by whome he had four children to wit Sarah, Comfort, Alice 
& John which son died an infant Sliepard died also intestate 
And under Alice we claim. I would have been more par- 
ticular in informing you of what became of Avery's other 
children and of what part of the lands we claim, but I have 
had a very severe return of my disorder in my stomach that 
for this eight or ten days past I have not been well able to 
write as much as is contained in this paper had that not 
been the case I should have gone up with John Woods to 
[word torn out] some affairs I have there which I cannot 
well do without going up. I have had M"" M'Kean's second 
opinion on M" Phillips will he says he has carefully consid- 
ered M" Chew's case and confesses at first now they appear 
to be cases in point that is in favour of the limitation over 
but upon a careful comparison of them and the case then 
before him there is a manifest difference for the remainder 
man was to take immediately upon the death of the first 
devisee wdthout leaving a child then living But in default 
of issue of H. N. it is given to her next of kin &c. So that 
the principal & interest is not to go over at her death with- 




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50 CAPTAIN JOHN AVERY 

over to Avery there is one or two more tracts Avery had a 
right iu but how they have been transferred from his heirs 
or how he came by them I cannot at present say. I want 
also the survey and return of a grant that was made to Hur- 
cules Shepard the 16 March 1682 for 300 '^ but if it should 
be for any lands on the South East side of Indian river I 
have [word torn out] use for it as I have the original Patent 
for all the [word torn out] he held on that side of the 
river, but should you in your searching find any more sur- 
veys & returns of land made to either Avery or Shepard 
please to take notice of them and send me what they are 
for and I will let you know whether they will be of service 
to me or not. 

As you Sir may want to know how we claim under Avery 
I will just give you a short state of our descent from him 
viz. Avery died intestate and left issue four daughters and 
one son to wit Mary, Elizabeth, Sarah, Jemima & John the 
son died a minor Hercules Shepard intermarried with Mary 
by whome he had four children to wit Sarah, Comfort, Alice 
& John which son died an infant Shepard died also intestate 
And under Alice we claim. I would have been more par- 
ticular in informing you of what became of Avery's other 
children and of what part of the lands we claim, but I have 
had a very severe return of my disorder in my stomach that 
for this eight or ten days past I have not been well able to 
write as much as is contained in this paper had that not 
been the case I should have gone up with John Woods to 
[word torn out] some aiFairs I have there which I cannot 
well do without going up. I have had M"" M'=Kean's second 
opinion on M"' Phillips will he says he has carefully consid- 
ered M'' Chew's case and confesses at first now they appear 
to be cases in point that is in favour of the limitation over 
but upon a careful comparison of them and the case then 
before him there is a manifest diflference for the remainder 
man was to take immediately upon the death of the first 
devisee without leaving a child then living But in default 
of issue of H. N". it is given to her next of kin &c. So that 
the principal & interest is not to go over at her death with- 



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CAPTAIN JOHN AVERY 51 

out issue (then living) but after a general failure of issue of 
H. which ^Y0uld tend to a perpetuity and be too remote and 
therefore void. The following are the eases he refers to 2 
Yent 349 sid 450 Pollexfen from fol. 24 to 44 Fitzgibbons 
68 Green & Rod a very strong case as he says and so con- 
cludes that if the principal dont go to Hannah he cannot see 
what service it can be to an Ex' of M' Phillips who must 
always pay interest for it so that you see he still retains his 
former opinion. 

I am hartily tired with writing and I [doubt] not you will 
in reading it for which [reason] I will conclude. 

Hannah is well and desires a tender of her love to you 
M" Swift and famely. 

With Sir 

Your assured friend, 
and Humble Serv' 
Dan"- Nunez 
May 23 : 1772. 
John Swift Esq." 

A facsimile copy of the foregoing is inserted in this 
work. 



4 



tnUejr 



Note. — Women are indexed in unmarried surname. 



A. 

Andrews, George, 38. 

Andros, Sir Edmund, 16, 18, 20, 21, 

24, 29, 39, 40. 
AsKUE, James, 42. 
Avery, Mrs., 3. 

Ann, 5. 

Anne, 12. 

Arthur, 7. 

Edward, 5. 

Elijah (?), 13. 

Elizabeth (3), 42, 43, 50. 

Henry, 5. 

Jacob, 3, 4. 

Jemima (5), 39-43, 49, 50. 

John, 4-13. 

John (6), 42, 43, 49, 50. 

John, the Pirate, 3, 13. 

Capt. John (1), 3, 4, 15-17, 20- 
45, 48-50. 

Joseph, 7. 

Mary, 13. 

Mary (2), 29, 39-46, 50. 

Peter, 18. 

Eobert, 6. 

Sarah, 15, 28, 29, 38, 39, 42, 43, 
48, 49. 

Sarah (4), 42, 43, 48, 50. 

Virtue, 6. 

William, 6. 



Baltimore, Cecilius, Lord, 7, 9, 11. 
Barker, John, 42. 
Barrett, George, 4. 
Bartox, Eobert, 42. 



Beckwith, George, 5. 
Besant, Thomas, 42. 
BiCKNALL, John, 48. 
BooTiiE, Edward, 26. 
BowMAX, Henry, 32-35. 
Bracey, Eobert, 35. 
Bradley, Thomas, 4. 
Brooke, Baker, 11. 
Browx, Henry, 35. 
Browne, Daniel, 22, 34, 35. 
Joseph, 32-35. 



Calvert, Charles, 9. 
Cantwell, Edmund, 19. 
Chew, 50. 
Clark, Abraham, 4. 

William, 26-28, 32, 37. 
Claypoole, Norton, 35, 38, 44. 
Clifton, Eobert, 38, 42, 43. 

Thomas, 39, 43. 
CoE, Daniel, 47. 
CoGER, Eichard, 4. 
Collet, John, 5. 
Collins, Lerit, 25. 
CoTTiNGHAM, Thomas, 7, 8, 12. 
CouRDREY, Benjamin, 33, 36, 37. 
Courtney, Thomas, 6. 
Crew, John, 40. 



Davenport, Mark, 4. 
Davids, Judith, 22. 

Thomas, 22, 29. 
Denison, Thomas, 33, 35. 
Depree, Andrew, 33, 35. 

John, 29, 38, 39. 

53 



54 



INDEX 



Draper, Alexander, 34, 35. 

Andrew, 38. 

Henry, 42, 49. 
Dyer, William, 41, 42. 



Elgett, William, 12. 
Emitt, William, 34. 



Fenwick, Anne, 43. 

Thomas, 41-43. 
Ffootcher, William, 34, 35. 
Footcher, William, 38. 
Foster, John, 5. 

Eichard, 4. 
FuTCHER, William, 26. 



Garland, Susan, 22, 
GiBBS, John, 5. 
GoDLiNGTON, Thonias, 5. 
Grakger, John, 12. 
Gray, Samuel, 35. 
Griffin, Thomas, 6. 
Groenendyck, Peter, 24, 29-33, 36. 
GuNBY, Francis, 33, 36. 

H. 

Harper, Stephen, 5. 
Harvey, Sir John, 3, 4. 

Eichard, 28. 
Harwood, Thomas, 3. 
Hepburn, John, 20. 
Heywood, Hugh, 3. 
HiGNAT, Eobert, 40. 
HiLDEBURN, Charles Swift Eiche, 

13, 49. 
Hill, John, 35. 
HiNMAN, Elizabeth (15), 46. 

John, 45, 46. 

John (13), 46. 

Mary, 46. 

Naomy (16), 47, 48. 

Eichard, 39-46. 

Eichard (12), 45, 46, 48. 

Richard (14), 46. 



HoDGKiNS, Thomas, 39. 
Holt, Eandolph, 4. 
HoRSi, Steven, 7. 
Hosier, Henry, 6. 
Howard, Thomas, 33, 34. 
Wright, 33, 34. 



James, Charles, 5. 
Janes, Mary, 13. 
Jenkins, Francis, 11. 
Johnson, William, 5. 
Jones, Cornelius, 4. 
Griffiths, 40. 

K. 

Keith, Gov. William, 45. 
Key, William, 6. 
Kimble, Litan Leeds, 13. 
KiPSHAVEN, John, 17, 20, 24, 31, 42, 
48, 49. 

Sarah (4), 42. 

Sarah (19), 49. 
Kollock, Hannah, 49-51. 

Col. Jacob, 45, 49. 

Magdalen, 49, 51. 

Simon, 45. 



Leake, Eichard, 5. 
Leeke, Edward, 22. 
Lewis, John, 48. 

Peter, 42. 
Long, John, 34. 

M. 

Marriner, George, 40. 
Meirs, John, 42. 
Meredith, Mary, 13. 
MiLWARD, John, 4. 
Molleston, Alexander, 20, 24, 26, 
31. 
John, 48. 
Morgan, John, 40-42. 

Mc. 
McKean, Thomas, 50. 



INDEX 



55 



N. 

NicoLLS, Capt., 24. 

Matthias, 16, 20, 21, 25. 
NowELL, Thomas, 3, 4. 
Nunez, Daniel, 49, 51. 

P. 

Painter, 6. 

Patte, Richard, 37. 
Pattison, Thomas, 13. 
Paynter, John, 42. 

Richard, 42. 
Penn, William, 26-28, 37. 
Perkins, Edward, 15. 
Phillips, 50, 51. 
PiNDER, Thomas, 35. 
PoPKiy, Thomas, 4. 
Porter, Giles, 5. 

Johanna, 5. 
Pott, John, 3. 
Prettyman, 45. 
Price, Thomas, 5. 
Psawling, Simon, 34. 

R. 

Raines, Francis, 15. 
RoADES, Hinman (17), 47, 48. 

John, 20, 37, 38, 46-48. 

John (18), 47, 48. 

William, 88. 
Roads, John, 24, 26-29. 
RocKFORD, Michael, 6. 
RosELES, Bryant, 22. 
Russell, Philip, 46. 
Ruth, 4. 

S. 

Scarborro'w, Matthew, 38. 
Shepard, Shephard, Shepheard, 
Sheppard, Shepperd. 

Alice (9), 45, 49, 50. 

Comfort (8), 45, 50. 

Hercules, 28, 39-45, 49, 50. 

John, 40. 



Shepard, John (10), 45, 60. 

Sarah, (7), 45, 50. 
Smith, Henry, 17, 30, 31. 

John, 34, 35. 
SouTHRiN, Edward, 18. 
Stevens, Thomas, 5. 
Stone, Francis, 4. 
Stretcher, Henry, 19, 20, 26, 42, 
49. 

Sarah, 20, 26. 
Swift, John, 49, 51. 



Taury, Gr€orge, 13. 
Taylor, Thomas, 9. 

William, 24. 
Thomas, James, 40. 
Traeord, William, 28. 
Tucker, Susan, 4. 



Verhoofe, Cornelius, 20, 24-26, 32. 
Verplancken, Guilera, 24. 
Vines, John, 24. 

W. 

Walker, John, 11. 

Nathaniel, 25, 33, 34. 
Watson, Luke, 20, 21, 24, 26-28, 

31, 37. 
Watts, John, 5. 
Weeke, Thomas, 5. 
Wells, James, 20, 24, 31, 35. 
West, John, 25. 
White, Jerome, 7. 
Whitwell, Francis, 20, 24. 
Williams, Richard, 42. 
WiLTBANK, Cornelius, 42, 47. 

Halmanus, 23, 26-28, 35, 37, 39. 
Woods, John, 50. 



York, Duke of, 26. 



Sititientia