Colonial Society of Pennsylvania,
Records
of the court of New Castle, Vol. 1, 1676 - 1681, p. 441, Lancaster,
Pa., 1904:
Att a Speciall Court called
by Robberd Waede & held in ye Towne of New Castle the 9th of december
1680. Mr. John Moll, Mr. Joh: D'haes, Mr. Will: Simpill, Justices
Robberd Waede Plt, John
Grub & Richard Bovington Defts, In an action of ye Case.
The Plt by his declaration
declares agst these defts for ye nonperformance & breach of a Certayne
Indenture bearing date ye 10th of July 1678 and also for nonperformance
& breach of a Certayne award of arbitrators & a bond made bearing
date ye 8th & 9th dayes of March 1679/80, and therefore desires that
these defts may be ordered to performe all & Every article of ye sd
Indenture & award so far forth as they are not prformed, and to make
good ye damadge sustaned through the nonperformance thereof wth all Costs
& Charges
The defts Deny ye plts
declaration and Reply that they haue performed the sd Indenture & award,
soe farr forth as itt is nott gaynsayd & cut of by a Collatorall agreem
made sence by ye plt defts.
Andrew makluer Sworne
in Cort sayth that John Grub and Rich: Bovington after that they thrassed
ye straw did throw itt upon heapes ouer a fensh & there Lett itt Ly
in ye Rayne and after that three more straw upon itt & that the Cowes
haue trodden it under foott & further sayeth nott. John Bales
Sayeth ye same a s Andrew makleur hereabove.
Anna Pitman Sworne in
Court sayeth that shee was prsent at ye house of Robt Waede when ye Laest
agreemt was made betweene Robberd Waede & John Grub & Rich: Bovington,
and after sd agreemt was signed, John Grub & Rich: Bovington did then
demand and Receive of Robberd Waede the 500 gilders mentioned in the award
of ye arbitrators & further sayeth nott. Mr. Samuel Land Sworne
sayth ye same as Anna Pittman hereabove.
Albert Hendrex haueing
given a depositon & sworne before Mr. Moll & being now in Court
& askt sayeth ye same as followth That sometyme in ye month of Aprill
Laest past John Grub & Rich: Bovington came to ye deponants house wth
a bottle of Rum, and desered yor Depondant to Clapp a Certayne bull belonging
to Robberd waed's stock wch was then there, and ye depondant not knowing
any otherwayes but that itt was wth ye sd Robberd waed's khnowledge did
Klapp the sd bull and after yt done sd Grubb deseired yor depondant not
to speake of itt to Rob: Waede for sayed hee this will bee as good as trik
as that of his Ram whoome I: cutt hee (meaning Robbertd Waede) Knownes,
not but that hee has still a Ram & further sayeth nott:
Thomas Nossiturs deposition
taken before Mr Moll ye 2d of xbr instant was as followeth, That some tyme
in ye month of Septembr this declarant came to ye house of Robberd Waede
& bougt of John Grub & Rich : Bovington twoo schipples of Rye &
whylst hee was cleaning ye same in ye barne Lydia the wyfe of ye said Robberd
Waede came & tould John Grub & partner that to sell corne as then
was Contrary to their agreement, upon wch they ye said Bovington &
Grub Replyed to hur wee haue sent away a boat load with hancock the other
day and doe you not know that, to wch she replyed noe & they made answer
again Yes wee haue done itt, wth more other wordswch ye deponant doth not
now Remember, and further declares that hee in ye sd month of 7br did Buy
& Receive a Cowe from Richard Bovington wch then was upon Rob: Waeds
Plantation and further Sayeth nott.
The Court did seuerall
tymes demand of ye defts whether they Judged that at ye signing and delivery
of ye Laest agreement wth Robb: Waede they Intended that the sd Laest agreement
should totally abollish and disannul all the former srytings that is to
say the indenture & ye award to wch ye defts refused to answer Possitive
or noe: the cord doe Judge the ye sd Indenture & award are both in
force soe farr as they are not gaynayed by ye sd Laest agreement:
Michael Izard a wittnesse
for ye defts sworne in Cort declareth, that hee was psent and did heare
Rob: Waede demand a debt of 500 gliders of John Grub & Richard Bovington
whoe thereupon discounted w him ye sd Robberd Waede ye 500 gilders allowed
them by ye award of ye arbitrators and urther that hee was psent &
did heare & see that Rob: Waede did acceptof all ye Cattle & utensils
Excepting a Cart to bee sett upon ye wheels & a peece of swead fence
to bee made, wch now is pformed & further sayeth nott.
The defts John Grubb and
Richard Bovington desirring a Jury itt was granted and a Jury was Impanneled
whoe haueing heard ye Case debated and all ye papers and Evidences Read
went out and Returning brought in their verdice as follweth vis Wee find
for the defend. The Court doe allowe of the Jurys verdict.
Notes: It appears that
there was an agreement between Wade and Grubb/Buffington, that they would
farm some of his property. According to Dave Grubb's notes, The property
was in Upland, a small settlement across the river from Salem and several
miles north of the modern border between Delaward and Pennsylvania.
Wade is accusing Grubb/Buffington of a breach of contract and embezzling
his grain. You can see that the jury voted in favor of Grubb and
Buffington. |