PROVINCE OF NEW HAMPSHIRE. M: William Partridge the present Lieu Governour, and Severall of the Inhabitants of that Province are Notorious, illegall Traders.

humbly Offered

March. 24: 1700: [1701]

by ED. RANDOLPH.

Proceedings of Court of Sessions of Monmouth County at Middletown, relative to the putting Sundry Officials under guard.

[From P. R. O. B. T. Proprieties, Vol. 6, G 28.]

AT A COURT of Sessions held for ye County of Monmouth at Middletowne in y County afores & province of East New Jersey, March 25 1701.

The Court being opened one Moses Butterworth who was accused of piracy (& had confessed y' he did sail with Cap' William Kid in his last voyage when he came from y East Indies & went into Boston with him) & was bound to make his appearance at this Court yt he might be Examined & disposed of according to his Majte orders the s Butterworth was Called & made his appearance & when ye Court was Examining him one Sam Willet In holder said y1 ye Gover" & Justices had no authority to Hold Court & y' he would break it up & accordingly went down staires to a Company of men then in armes & sent up a Drummer one Thomas

Johnson into ye Court who beat upon his drum & severall of ye Company came up with their armes & Clubs wh together with ye Drum beating Continually made such a noise (notwithstanding open proclamations made to be silent & keep ye Kings peace) yt ye Court Could not Examine ye prisoner at the Barr & when ther was as ye Court Judged betwixt 30 & 40 men Come up into ye Court some with their armes & some with Clubs two persons viz: Benjamin Borden & Richard Borden attempted to Rescue y prisoner at ye Barr & did take hold on him by ye armes & about ye midle & forct him from y Barr y Constable & undersheriff by y Command of yo Court apprehended ye sd Borden upon wch severall of ye persons in ye Court assaulted y Constable & undersheriff (the Drum still beating & y people thronging up Staires with their armes) & Rescued ye two Bordens upon wch ye Justices & Kings Attorney Generall of the province after Commanding y Kings peace to be keept & no heed being given thereto drew their swords & Endeavoured to Retake yo prisoner & apprehend some of ye persons Conserned in ye Rescons but was Resisted & assaulted themselves & ye Examination of ye prisoner torn in peices & in ye scufle both Richard Borden & Benj. Borden were wounded but ye Endeavours of y Court were not Effectuall in retaking ye prisoner for he was Rescued & Carried off & made his Escape and the people viz: Cap' Safetie Grover Richard Borden Benj: Borden Obadiah Holmes Obadiah Browne Nicholas Stephens George Cooke Benj: Cooke Richard Osborne Sam Willett Joseph West Garret Bowler Garret Wall James Bollen Sam" foreman Will Winter Jonathan Stout James Stout Will Hendricks John Bray WillTM Smith Gersom Mott Abner Hewght George Allen John Cox John Vaughan Elisha Lawrance Zebulon Clayton James Grover Jun' Richard Davis Jeremiah Evrington Joseph Ashton with others to ye number of about one

hundred persons did traytorously seize ye Governour & ye Justices the Kings Attorney Generall & ye undersheriff & y Clerke of ye Court & keept them close prisoners under a guard from twesday ye 25th March till y Saturday following being ye 29th of ye same same month & then Releast them.

Vera Copia

P me GAV: DRUMMOND Clark

Proceedings of the Court of Sessions of Monmouth County, at Middletown, against severall persons.

[From P. R . B. T. Proprieties, Vol. 6, G 28.]

AT A COURT OF SESSIONS OF COUNTY COURT held at Midletown for the County of MONMOUTH this twentie Sixt day of March Anno Dom one thousand seven hundred [1701]

Capt SAMUEL LEONARD president

Present

JEDEDIA ALLAN

SAMUEL DENNIS

ANTHONY PINTARD

Justices

The Court being opened the Justices Comission was read and the pannell returned by the Sheriff for the grand Enquest was called over. And Eleazer Cotterall being called for a Jury man Appeared and made some objectione Against the authoritie of the court The court comanded the Sheriff to take him into custodie And Richard Salter refuseing and denying the authoritie of this court The court commanded the Sheriff to take him into custodie for his contempt James Bollen the former clark of this county being called before this Court To deliver up the books papers and records of this court To the present clark Did positively refuse to doe the same Unless the Court would give him bond to

save him harmless ffor the soume of ten thousand pounds.

Adjourned for two hours

post meriden p'nt as above

The court being opened The court did dismise all such persons who were returned on the grand jury and appeared and were willing to serve their King and Country And ther being se'all who had refused to serve on the grand jury and had denyed the authoritie of the court Amongst whom was Olim Cheesman who came before the court and beged pardon for his misbehaviour And said he was very willing to serve The court upon his humble submission did forgive and discharge him. Ordered by the court that the Sheriff doe discharge Eleazor Cotterall and Richard Salter out of his custoddie.

Ordered by the Court that the said Eleazor Cotterall for his said contempt and misbehaviour before this court be fyned And the court doth heirby fyne the said Eleazor in the soume of five pounds current money of this province To be levied by the Sheriff upon the goods and Chattell of the said Eleazer And that the Sheriff have the said money by sale of the said goods and Chattells At the nixt court to be held for this countie the fourth twesday in September Att Shirowsberry in the said County.

Ordered by the Court that the said Richard Salter for his said high contempt and misbehaviour before this court be fyned And the court doth heirby fyne the said Richard Salter in the soume of fifteen pounds currant money of this province to be levied by the Sheriff upon the goods and Chattells of the said Richard Salter And that the Sheriff have the said money by sale of the said goods and Chattells at the nixt County court to be held at Shirowsberry for the sd county on the fourth tewsday of September nixt

Ordered by the court that John Ruckman senior

John Bray John Wilson junior Daniel Hendrickson John Cox's Richard Davis Mordicay Gibbons Nicholas Stivans and Mosses Lippet be each and every of them fyned And the court doth hereby fyne each and every of the said persons severallie in the soume of ffourty shillings currant money of this province Each of them for ther contempt and misbehavour before this Court to be leived by the Sheriff upon the goods and chattells of each and every of the said persons And that the Sheriff have the said money by sale of the said goods and Chattells at the nixt court to be held at Shirowsberry the fourth twesday in September nixt for the said Countie Pr me GAV: DRUMMOND Clark

A trew copie

John Johnstone to the Council of New Jersey.

From N. Y. MSS. in office of Secretary of State, Albany, Vol. XLIV, p 66.] Honoe Gentel:

Yesterday Gov' Hamilton with four of these Justices of this County mett at Middleton for holding the Court of Sessions as apointed by the Acts of Assembly of this province when they had opened the Court and begun the tryall of one who confessed himself one of Kidds men Severall of the people of Middleton who for that purpose had appoynted a training of the Militia and being in arms came into the house when the Court was Sitting and forceably rescued the prisoner the Governor and Justices Comanded the Sherriff and Constable to keep the peace and in the scuffle two of the foremost of the felows were slightilly wounded, but being 70: or 80 men and the Governo and Justices without force were by this Multitude made prisoners