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Delaware
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Table of Contents
Records Of The Family History Library
Family History Library Catalog
Archives And Libraries
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Slavery And Bondage
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Vital Records
Voting Registers
For Further Reading
Comments And Suggestions

COURT RECORDSLook this term up in the glossary.


Various Delaware courts kept records of genealogical value. Below is a list of the courts with the approximate dates they existed.

1655-1682

Delaware was under Dutch control from 1655 to 1664 and then under New York from 1664 to 1682. These court records have been published in volume 12 of Documents Relating to the Colonial History of the State of New York, (Albany, N.Y.: The Argus Co., 1877. FHL book 974.7 H2d; vol. 12 is on film 824389 item 2; computer number 152213). The index is at the end of vol. 13 (FHL film 824390).

  The records for 1648-1682 have been published in: Gehring, Charles T. Delaware Papers. 2 vols. Baltimore, MD: Genealogical Publishing Co., 1977-1981. (FHL book 974.7 N2d; computer number 152202.) Vol. 1 has records 1664-1682; vol. 2 has records for 1648-1664.
1670's

Magistrates CourtsLook this term up in the glossary. were held by the King's authority.

1701-1831

Courts of Common PleasLook this term up in the glossary. were established in each county to hear minor civil suitsLook this term up in the glossary., minor criminal casesLook this term up in the glossary., appeals from lesser courts, adoptionsLook this term up in the glossary., and terminations of parental rights. Their powers were given to the superior court in 1831. Before 1792, the courts of common pleas also handled those matters now handled by the chancery courts.

1655-pres.

Levy CourtLook this term up in the glossary.. This court is a county administrative unit that keeps records of schools, petitions, tavern licenses, road accounts, probates, and taxes.

1683-pres.

Orphans' CourtsLook this term up in the glossary. have countywide jurisdiction over property rights, estatesLook this term up in the glossary. of minorsLook this term up in the glossary., guardianshipsLook this term up in the glossary., and adoptions.

1792-pres.

Chancery CourtsLook this term up in the glossary. are countywide courts with jurisdiction over equityLook this term up in the glossary. matters, where sufficient remedy cannot be had by common law or statute before any other court.

1676-pres.

Court of General Quarter SessionsLook this term up in the glossary.. These records include apprenticeshipLook this term up in the glossary. indenturesLook this term up in the glossary. and petitions for roads and taverns. This court tries all criminal cases except capital crimes.

1746-pres.

Court of Oyer and TerminerLook this term up in the glossary.. This criminal court often hears capital crimesLook this term up in the glossary..

1664-pres.

Justice of the Peace.Look this term up in the glossary. These records include minor civil cases.

1794-1898

High Court of Errors and AppealsLook this term up in the glossary.. This was an appeals court for the superior courts.

1790-pres.

U.S. Circuit and DistrictLook this term up in the glossary. Courts. They handle naturalizationsLook this term up in the glossary., civil cases, and criminal cases.

1726-1831;1908-pres.

Supreme CourtLook this term up in the glossary.. The duties were transferred to the superior courts after 1831. All court records (except those from the last three years are at the Delaware Public Archives

1831-pres.

Superior CourtsLook this term up in the glossary. replaced courts of common pleas. They are county courts with jurisdiction over major criminal and civil cases. Naturalization records are included.

The offices of clerk of the peace and prothonotary date from 1642. The clerk of the peace was clerk of the levy court and the court of general quarter sessions. The prothonotary was clerk of the court of common pleas and the superior court.

The Delaware Public Archives has most of the original court records, including the courts of general quarter sessions, oyer and terminer, justice of the peace, and common pleas, as well as superior court and supreme court records.

A few of the early court records have been published and are available at the Family History Library. For published court records and indexes look in the Locality Search of the Family History Library Catalog under DELAWARE, [COUNTY] - COURT RECORDS.

Two useful inventories including court records are:

Mattern and Hancock. A Preliminary Inventory of the Older Records in the Delaware Archives.

Historical Records Survey (Delaware). Inventory of the County Archives of Delaware, no. 1, New Castle County.

Both are described in the “Archives and Libraries” section of this outline.

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