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Colonial and State Records of North Carolina
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Minutes of the Perquimans Precinct Court
North Carolina. Precinct Court (Perquimans Precinct)
November 06, 1693 - November 09, 1693
Volume 01, Pages 399-404

-------------------- page 399 --------------------
AT A COURT HOLDEN AT Ye HOUSE OF Mrs DIANA FFOSTER THE FFIRST MUNDAY IN NOVEMbr BEING Ye 6th DAY OF THE MONETH 1693 [1694]

Present
Alexander Lillington esqr
Caleb Calloway esqr
John Barrow esqr
Thomas Lepper esqr

Stephens vers Tomes

In an action of defamation referred to ye Jury ffo: Jurys names Mr Patrick Henley: John Twegger Isaac Rowden, William Jennings Rowland Buckley Christor Butler Cornelius Lerry: Rich: Cragg Nicho Crisp Stephen Scott Junr Mr John Reyley Nicho Symons the Jury finds no cause of action Ordered yt Tho: Stephens pay all costs alias execn

A Bill of Sale acknowledged in Court by Wm̄ Bartlett to Wm̄ Godfrey

A Bill of Sale from Wm̄ Godfrey to Wm̄ Bartlett Senr was acknowledged in Court

A Bill of sale acknowledged in Court from Jno Hawkins to Wm̄ Bartlett Senr

A Bill of sale acknowledged in Court from Wm̄ Bartlet to Wm̄] Godfrey.

A Letter of Attorney proved in Court by the oath of Wm Duckinfield & John Reyley from Henry Lyle and his wife.

A deed of Gift acknowledged by John Reyley from Henry Lyle to Mr Duckinfield in behalfe of John Jones.

Wade vers Scott junr

In an action of ye Case referred to ye Jury ffoll the Jury finds for ye plaintf wth cost of sute and that Stephen Scott pay unto Jno Wade six pounds and have ye Mare & coult where ever to be found he paying all cost alias Execution.

Upon an attachmt laid by Mrs Susana Hartly on ye estate of Thomas Cobb for eight pounds wch being proved Ordered the sd Labour done on ye sd land be praised by Patrick Henley & Stephen Scott Junr and if they cannot agree between themselves then to chuse an umpire who shall make a finall determination

A deed of Sale acknowledged in Court by Jno fflowers & Susan his wife to Timo Clare.

A Warrtt of Attorney to Mr Wm Glover proved by the oath of Peter Gray: ffro Stephen Paine & John ffoster

-------------------- page 400 --------------------

Tomes vers Muschamp

In an action of ye cace for want of evidence ordered A Nonsuite & that the plantf pay all Cost

A Caveat entered agt the estate of Mrs Stewart by Collll Wm̄ Wilkeson & Capt Henderson Walker for about seven pd fourteen shillings by Bill under hand and seale

Ordered yt Mrs Anne Stewart have letters of Administrac̄on and yt Mr Caleb Calloway & Mr John Barrow be appraisors of the sd Estate and yt an Inventory of ye sd Estate be returned into ye office upon oath

Toms vers Taylor

In an action of ye case referred to ye Jury ffoll ye Jury finds for ye plantf ye whole accot abating 1£ 12s 00d out of the accot the whole accot being 26: 08: 10d.

A Bill of Sale acknowledged in Court by Mr Danll Akehurst to ye Honeble Seth Sothell in behalfe of Mr Samuel Hill of Virginia and Mary his wife

Devillard vers Bell

In an action of ye Case referred to ye Jury ffoll: ye Jury finds for ye plantt 3£: 14s: 10d Ordered Mr John Bell pay to Jacob Devillard the sum abovesaid wth Cost alias Execution

Upon a petition exhibited to ye Court by Mr John Hunt praying yt Mrs Ann Durant delivr all Books papers and writings belonging to the estate of Mr Wm Terrell Disceased Ordered yt the sd Mrs Ann Durant doe forthwth deliver to Mr John Hunt surviving executor of Mr Wm Terrills estate all papers bookes and Writings belonging to Mr Wm Terrel's estate

Upon an agreemt made between Mr Richd Pope & Mr Jacob Devillard to Joyne Issue wherupon ye Jury went out and found for ye aforesd Mr Richd Pope ye Horse wth Cost Ordered that the aforesd Mr Pope have ye Horse wth Cost alias Execution.

Hunt, vers Mayo Attor to J. Gibbs

In an action of ye cace referred to ye Jury ffoll: the Jury finds for ye plantf six pounds wth Cost Ordered yt Edward Mayo Attorney to Jno Gibbs esqr pay to Jno Hunt the sd sume of six pounds wth Cost alias Execution.

Chambers vers Brown

In an action of ye Cace no Evidence to the Lettr of Attorney appearing ordered a refference

Lowton vers Pollock

In an action of ye cace ye Plantf not being prepared to come to a tryall ordered a nonsuite wth Cost.

-------------------- page 401 --------------------

A Will of Zachary yerkin proved in Court by the oaths of Mr Wm Glover & Wm Keeto:

A Bill of enditemte was Brought agt Wm Shreenes and presented to ye Grand Jury ye Grand Jury finds Billa vera ye Petty Jury was sent out & found ye Prisor guilty of Petty Larceny & so returned ye Bill whereupon he was ordered by the Court to have 30 lashes upon his naked back stript to his wast & sevearly Whipt and be bound to serve for his Phees one yeare and half from this day 9brs 9th to his Mr John Hatton besides his former Indenture of ffive yeares

Pope vers Philpott

In an action of ye cace referred to ye Jury ffoll the Jury finds for ye plantf nine pds foure shill and two pence

Ordered yt the defendt pay to the plantf nine pds four shillings & two pence wth Cost alias Execution

Alexandr Lillington esqr enters a caviat agt the estate of Jno Crosland for twenty two shillings in porke by Bill.

Caleb Calloway enters a Caviatt agt the sd estate for for 7s 3d in porke & ½ of a Bore Barrow

Mr Thomas Harvey enters a Caviat for ——

Mr Thomas Gillam enters a Caviat for 8£ by acco:

Ordered yt the estate of John Crosland be X Romane in ye hands of Xtopher Butler untill ye next Precinct Court in Chowan.

Ordered yt Wm Mancell & Mary his wife be paid for eight days attendance comeing and going to Court being summoned by Phillip Thomas.

The Court Adjourned till tomorrow Morning seven a clock

Ordered yt John Reyley being sumd by Mr Tho: Lowton be paid for 3 days attending ye Court & one day comeing and one day goeing:

Ordered yt Tho: White be paid for 3 days attendance and one day coming & one dayes going being summoned by Edmond Chambers:

A Bill of enditemte was brought agt Robert White & Vincent White his son & presented to ye Grand Jury The Grand Jury finds Billa vera The petty Jury was sent out and they brought their verdict they found ye prisoners guilty of Grand Larceny & they craved the Benefit of ye clargey wch being granted Ordered that they be branded in ye hand wth the letter T: upon ye Brawn of ye left thumbe wch was executed accordingly on Robt White; ye other reteined to longr Time or be delivered by the Palatines Court

-------------------- page 402 --------------------

A petition exhibited by David Prichard Junr being summoned by Matthew Kelly as an evidence attended the Court 4 days & a day comeing & a day goeing ordered yt ye sd David Prichard be paid accordingly.

A petition exhibited by Wm̄ Joy being summoned by Matthew Calley & has attended 4 dayes on ye Court & a dayes coming and a day going.

Ordered yt the sd Joy be paid accordingly.

A Petition exhibited by Phill Evins being sumoned by Matt Callin & has attended ye Court 4 dayes & a day coming and going. Ordered yt the sd Phill: Evins be paid accordingly.

Gillam vers Smithick

In an action of the Cace ye Jury being sent out and returning their verdict for ye Plantf the defent craves an Injunction

Toomey vers Peade

In an action of Debt by Bill referred to ye Jury ffoll: the jury finds for ye plantf Ordered that Timo: Pead pay unto John Toomy thirty shill in porke wth Cost alias Execution.

Susana Harris enters for her daughter Sarah her proper Marke a crop & two Slitt on ye left ear & an over keele & an under keele on ye Right ear.

Augustine Scarbrough enters 300 acres of land on Powell Point Neck

Palin Junr vers Prichard Junr

In an action of ye case referred to ye Jury ffoll: Jurors names

The jury finds for ye plantf 3: 10: 4 Ordered that ye defendt pay unto the plantf 3: 10: 4d wth cost alias Execution.

A Petion exhibited by Robt Kitchin praying that he may have a Writt of Restitution for his goods wch were taken from him by Robt White & his son Vincent White Ordered yt the goods be delivered accordingly.

A petition exhibited by Danll Travis & his wife being sum̄ond by John Toomy who attended ye Court 4 dayes and a day coming & a day going each of them for wch he humbly pray an Ordr for ye same wch is ordered accordingly

Upon a petition exhibited by John Hatton praying a Writt of Restitution for his goods. Ordered that ye sd John Hatton have his goods restored to him again according to ye petition

Upon a Petition exhibited by Tho: Twidde being summoned by Matt Callen hath attended 4 dayes & and a day coming & a day going for wch he is ordered paymte by the Court

-------------------- page 403 --------------------

Upon ye prayer of John Wilson being summoned as an evidence for Matt Callen attending 4 dayes & was a day coming and a day going Ordered yt he be paid accordingly

Robert Mulline made oath that Robert White made an acknowledgmte to him yt he owed Mrs Ann Durant three pound odd money.

Received this 9th of Novembr 1669 of Hugh Smithick for three leveyes two hundred seventy nine pound for Two yeares quitt rents two hundred pd I say Received per mee

Henman Smewing

Received more 150lb of Thomas Hoskins accott for Henman Smewing.

Know all men by these presents that I Elizabeth Banks of London Widow have ordained appointed and made & in my stead and place by these presents put & constitute my beloved friends ffrancis Tomes & John Hawkins my true and lawfull attorney for me and in my name and to my use to ask sue for levy recover and receive all such sum and sums of Money & other ye matter Goods and things in the scedule hereunto annexed mentioned as are due and belonging to mee from Mr Seth Sothell ye now or late Governr of Carolina & wch are due owing or belonging or perteyning unto me by any manner of wayes or meanes wtsoever from any person or persons wtsoever: Giving and Granting unto my said Attorneys by these prsents my full and whole power and authority in and about the prmises & upon rect of such sum̄ or sum̄s of money or other matters or things acquittances or other discharges for mee and in my name to doe make seal and deliver & all and every other act acts thing and things in ye law wtsoever needful and necessary to be done in and about ye premises for ye recovery thereof: for me and in my name to doe execute and performe as fully largely and amply in every respect to all intents and purposes as I myselfe might or could doe if I were personally present. And I doe hereby firther constitute and appoint the said ffrancis Tomes and John Hawkins my lawfull Attorney for me and in my name & in my stead to enter into & upon all yt my plantation in Carolina and other the stock and goods thereunto apperteyning & to me belonging and full and peaceable possession & S . . . . in thereof for me and in my stead and name & to my use to take receive reteyne and keepe & to sell lett & dispose thereof as to them shall seeme Meete for my use benefitt and advantage Giving and granting by these prsents unto my sd Attorneyes my full power and authority in and about ye prmises & all and every acts things wtsoever needfull and necessary to be done in and about ye prmises for mee and in my name to doe execute and performe in as large ample maner and forme to all intents and purposes as I my selfe might or could doe if I were personally prsent Ratifying alowing and holding ffirme & stable

-------------------- page 404 --------------------
all wtsoever my sd Attorney shall lawfully doe or cause to be done in or about ye Execution of ye Premises by virtue of these prsents In witness whereof I have hereunto sett my hand and seale ye 17th day of December Anno Do 1693

ELIZABETH BANKS [Seal]
Sealed and Delivered
in ye prsence of
Phill Ludwell
Tho. Hunt
Proved before us by the oath of Mr Tho: Hunt ye 17o of May 1690
THO: HARVEY
Wm̄ W . . . . .

Albemarle

To all to whom these presents shall come, Wee Stephen Pane and John ffoster of the prcinct Pequimons send greeting Whereas ye said Stephen Pane and John ffoster have by our deed of Sale beareing date ye 2d day of 7br Ann Do 1693 Bargained assigned and sold unto Alexandr Lillington of the same prcinct esqr a certaine plantation & tract of land lying in yeopins Creeke in ye prcinct aforesaid as in and by the said deed relation thereunto being had more at large doth appear now Know ye that we ye said Stephen Paine and John ffoster doe by these prsents. Ordaine Constitute and appoint our trusty and well beloved friend William Glover of the prcinct aforesaid our lawfull Attorney for us and in our names & stead and on our behalfs to appear at any Court to be holden for this County and then and there in our name and behalfe to make acknowledgmente of the aforementioned deed of sale & to act and doe any and every such lawfull act and thing for ye strengthning and confirming of ye said deed of Sale unto the sd Alexandr Lillington his heires and assigns as ye law doth require and wee doe hereby rattifie and confirm every such lawfull act as our said Attorney shall herein doe to be good and firme in law as if wee the said Stephen Paine and John ffoster had in our own proper person acted done and performed the same. In witness whereof we have hereunto put our hands and seales ye 4th day of 8brs Anno Do 1693

Signum
X X
STEPHEN PANE (seal)
JOHN FFOSTER (seal)
Signed sealed and delivered
in prsence of
PETER GRAY
JOHN COOKE
Proved in Court ye 7th of Novembr 1693 by the oath of Peter Gray attested per Edward Mayo Cler
ALEXANDr LILLINGTON
CALEB CALLOWAY
JOHN BARROW
THO: LEPPER