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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina, including Chancery Court minutes
North Carolina. General Court
September 24, 1694 - September 29, 1694
Volume 01, Pages 405-423

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GENERAL COURT RECORDS.


Albemarle—ss.
At a Genell Court holden for this Countie of Albemarle at the house of Mr Thomas White on Munday the twenty fourth of Sebtember Ano Dni 1694

Prsnt The Honell Thomas Harvey esqr Deputy Governr &c:
The Honrble ffrancis Tomes, Benjamin Lakar Majr Saml Swann, Danl Akehurst Secst esqr Lords Deputys. Mr John Durant Assistant

Mr Patrick Henley by his petic̄on shewin yt a certain plantac̄on whereon the petic̄oner liveth is Excheat to ye Lords proprietos

Ordered that a warrant be issued out to their Lordships Escheatmr to inquire into the premises

Major Alexander Lillington and Madm Susanah Heartley having obteined an attachment against ye estate of Capt George Clarke upon the account of an order passed agst them for and that the sd Alexander Lillington and Coll Heartley was attorneys of the sd George Clarke att the sute of Coll. Wm Wilkerson for the sume of thirty five pounds nineteen shillings due from the sd Clarke to the sd Coll Wilkison

It is the opinion of the Court that they being Attorneys of the sd Clarke might lawfull dispose of any effects of the sd Clark's in their custody for the paymt of his just debts wthout any such precepte in law or judgment thereon agst the sd estate.

Ordered that all other matters returned to this day be referred till the morrow being the 25th of this instant September

The Court adjourned untill tomorrow seven of the clock in the forenoon.

Tuesday ye 25th ye Court meet & psn wth ye aforesd Cap Dawson Thomas Philips attached to answer Mr Rich Plater in a plea of Debt The Marshall returned Non est inventus

Ordered that the sute be dismissed

Georg fferdice upon his oath proveth that he hath right to two hundred and fifty acres of land by the importac̄on of George fferdice George ferdice his wife Mary his wife Sarah and Hanah fferdice his daughter

Ordered that a certificate thereto be made to the Secretary's office

Wm̄ Plater upon his oath proveth that he hath right to two hundred acres of land by the importac̄on of Wm Plater Martha. Grace and Thomas Plater.

Ordered that certificate thereto be made to the Secretarys office.

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Robert Penniwell is attached to answer Anne Cartwright in a plea of Debt and he came not neither the sd Anne Cartwright whereupon it is dismissed.

John Bentley was attached to answer Cornelius Lerry in a plea of the Case and the sd Bentley upon default of the appearance the Plantif craves a nonsute and Mr Rich. Plater in behalf of the plantif assumes that upon condic̄on that the sd Bentley would consent to a reference of the action untill the afternoon the sd Cornelius Lerry should deliver to ys sd John Bentley a coppy of his acct before tryall to which ye sd Bentley assents and the Court thereupon in mercy to ye sd Cornelius Lerry Ordered that ye hearing of ye action be referred untill the after noon

Rich. Plater being attached to answer ffrancis ffoster in a plea of debt for and that the sd Rich. Plater refuseth to render to the plantife the sume of six pounds in porke wch to the plantif he oweth. And the sd Rich. Plater came and upon default of the plantif craves a non sute. Ordered that the sd Action fall and that the sd ffoster pay cost.

John Wilson attached to answer Thomas White and Diana his wife in a plea of the case. And the sd Thomas White and Diana his wife came and say that the sd John Wilson is indebted to the plantifs ye sume of eight pounds five shills. and seven pence by account contracted wt the sd Diana one of the plantifs whilest she was sole which account they produce in Court and the said John Wilson in his proper person came and desireth oyer of the sd acct wch being read he saith that as to the sume of one pound nine shillings and five pence part of the sd acct he cannot deny but he oweth but for the rest he saith he oweth not and this he disireth may be inquired of by the Country wherefore the Provst Marshall or deputy is comanded to cause to come here twelve true and lawful men of the vicinage and who to neither of the partys are any wayes related by whom the truth of the matter may be knowne who being impanelled and sworne

Namely
John Stepney Foreman
John Twegger
Wm Bournsby
ffrancis ffoster
John Mason
Wm Raymond
W̄ Vos
Charles Dickison
Nicholas Symons
Mathias Towler
James ffewox
ffrancis Hendrick

say upon their oath. We find for the plantif the sume of eight pounds five shillings and seaven pence Ordered that the sd John Wilson pay to the sd Thomas White and Diana his wife the sume of eight pounds five shillings and seven pence with cost of sute als Execution.

Cornelius Lerry is attached to answer Thomas White and Diana his wife in a plea of the Case and they came and say that the sd Cornelius

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Lerry is indebted to the plantifs the sume of sixty seven shillings and one penny by acct contracted wth the sd Diana one of the plantifs whilest she was sole wch acct they produce in Court and the sd Cornelius Lerry came and defendeth the sute and saith that he oweth not the sd sume of sixty seven shillings and one penny as by the Plantifs is declared and this he desireth may be inquired of by the Country Wherefore the Provst Marshall is required to cause to come twelve true and lawfull men of the vicinage and who to neither of the partys are in any wayes related by whom the truth of the matter may be knowne who according impanelled and sworne

John Stepney foreman

John Twegger, Wm Bournsby, ffrancis ffoster John Mason, Wm Raymond, Wm Vos, Charles Dickison Nicholas Symons Matthias Towler, James ffewox, ffrancis Hendrick, say upon their oath. We of the Jury finde for the plantife three pound seven shillings and one penny in porke with costs.

Ordered that the sd Cornelius Lerry pay to the sd Tho. White and Diana his wife the sume of three pounds seven shillings and one penny in porke wth costs alias Execution.

Rich. Bentley was attached to answer Cornelius Lerry in a plea of the case and the sd Richard Bentley came and also the sd Cornelius Lerry and also the sd Cornelius Lerry and the sd Cornelius Lerry saith that the sd Richard Bentley oweth to the Plantif the sume of two pounds one shilling and three pence by acct and the sd Richard Bentley defendeth the sute & craveth oyer of the sd acct wch being read the sd Richard Bentley saith that as to the five yards of Woolen cloth in ye acct expressed at the rate one pound he oweth not for and Because ye sd cloth he received upon the account of his ffredome cloths whereof he maketh oath and the article of three moneth Dyet at the rate of eight shills and four pence the moneth upon his oath he saith ought by agreement to have been charged at the rate of four shillings and two pence the moneth the rest of the acct he acknowledgeth to be just but that he hath discount of the sume of eight shilling and six pence all wch he prayeth may be inquired of by the Country Wherefore the Provst Marshall is commanded that he cause to come here twelve true and lawful men of the vicinage and who to neither of the partys are any ways related by whom the truth of the matter may be knowne who being impanelled and sworne

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Namely Mr John Barrows foreman
John Halford
Wm Plater
Jonathan Bateman
Robert Moline
Wm̄ Jackson
Ben Gidion
John Belman
Uriah Canon
Wm̄ Gaskin
John Raper
Thomas Gillam
Evidence sworne for the defendt. viz
John Bentley

say upon their oath we of the jury finde for the plantif eight shillings and six pence wth costs Ordered that the sd Rich Bentley pay unto the sd Cornelius Lerry eight shillings and six pence wth costs of sute

Court adjourned untill one of the clock in the afternoon


25 Sept 1694

Tuisday in the afternoon September the 25th the Court meet and and are prsent

The Honrbl Thomas Harvey esqr Depty Govern &c and the Deputys and assistants aforemenc̄oned

Thomas Hawkins arrested to answer Majr Alexandr Lillington Attorney of John Wright of Virginia in a plea of Debt and the sd Lillington appears and produceth his letter of Attorney from the sd Wright and in behalfe of the sd Wright saith that the sd Hawkins is justly indebted unto the sd John Wright the sume of sixty three pounds fourteen shillings and he produceth a bond under the the hand and seal of the sd Hawkins and Alis Davis Widdow and the said Hawkins came not and Capt Henderson Walker Surety for the sd Hawkins appearance assumes that he the sd Hawkins shall appear at the next Genll Court to be holden for this County to answer the said complaint.

Ordered that the sd Capt Henderson Walker Surety shall as aforesaid have here the body of the sd Thomas Hawkins at ye next Genll Court as aforesd to answer the plaint as aforesd otherwise judgment to pass against him for the sd Debt.

John Bentley attached to answer Cornelius Lerry in a plea of Detinue and the sd Lerry came in his proper person and saith that at the request of the defendt he the sd Lerry severall Chattles to the sd John Bentley defendt did lend on condic̄on to be returned upon demand restituc̄on whereof the sd Bentley denyes to ye Plantifs Damage fifty shillings and the sd John Bentley appeareth and by his Attorney Capt Henderson Walker defendeth the Injury and saith that the plantif the sd Chattells to the defendant did not lend as the plantif in his declarac̄on alleigeth and this he desireth may be inquired of by the Country wherefore the Marshall is comanded that he cause to come here twelve true and lawful

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men of the vicinage and who to neither of the partys are related by whom the truth of the matter may be known who accordingly impanelled and sworne

Namely John Stepney foreman
Wm̄ Crag
Jno Twegger
Jno Mason
Wm̄ Vos
Nicholas Symons
Henry Creech
Wm̄ Bournsby
Wm̄ Raymond
Charles Dickison
Mathias Towler
ffrancis Hendrick
Evidence Sworne for plant
James ffewox
Rich Bentley

say upon their oath we of the Jury find noe Cause of Action. Ordered that the sute be dismissed and that the sd Lerry pay costs of sute

Mr ffrancis Parrot by his petic̄on shewing that he being sumoned an evidence for the plantif in an action between ffrancis ffoster plantif and Rich. Plater defendt hath attended on this court two days and was three days coming and goeing

Ordered that the sd ffrancis ffoster pay to the sd ffrancis Parrot ye sume of ten shillings als execution.

John Bentley attached to answer Cornelius Lerry in a plea of the case and the sd Cornelius Lerry came and said that the sd John Bentley owed to ye plantif ye sume of sixteen pounds four shillings and ninepence by acct And the sd Bentley by his attorney Capt Henderson Walker sayeth that to ye sd action he ought not to answer for and because ye sd Cornelius Lerry hath in contempt of the rule of this Honble Court in favour of the sd Cornelius Lerry made in the forenoon hath denyed to deliver a coppy of his acct to the defendt before tryall and craveth a nonsute

Ordered that the sd action fall and that the sd Cornelius Lerry pay costs.

Alexander Lillington esqr proves a letter of Attorney to him directed from Wm Duckenfield esqr by the oath of Wm̄ Glover.

Mr Patrick Henley arrested to answer Wm̄ Duckenfield esqr in a plea of case and the sd Patrick Henley came and Alexander Lillington Attorney of the sd Wm̄ Duckenfield saith yt he is not informed what in the case to say and the sd Henley craves a nonsute

Ordered that the sd action fall and that the sd Wm̄ Duckenfield pay cost of sute

Thomas Hassold attached to answer Thomas White and Diana his wife in a plea of the case and the Plantifs say that the sd Hassold unjustly detaineth certaine writing accts and bookes relating to contracts and copartnerships had and made between the sd Diana one of the Plantifs

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while shee was sole and the sd Hassold. And the sd Hassold defendeth the injury and saith that a reasonable acct thereof he is ready to render wherefor upon the humble prayers of both partys.

Ordered that the auditing of the accounts and whole controversy in this action depending between the sd Thomas White and Diana his wife plantif and the sd Thomas Hassold Defended be wholy referred to the award of the Honrble Thomas Harvey Esq Deputy Govern &c and the Honrble Benjamin Lakar esqr who are hereby requested to mak a full determinac̄on of the same and if need be make report thereof to the next Genll Court.

The rest of the actions returned to this day are referred until tomorrow:

And the Court adjourned untill the Morrow eight of the clock in the forenoon.


September Ye 26th Fforenoon

Prsnt The Honeble Depty Governor Thomas Harvey esqr ffrancis Tomes Benjamin Lakar Majr Saml Swan Coll Thomas Pollock Danl Akehurst Secr esqr Lds Deptys Capt Anthony Dawson Mr John Durant assistants.

Madm Susanah Heartley attached to answer Patrick Henley in a plea of the case and the sd Patrick Henley came and saith that the sd Susanah Heartley as being Executrix of the last will and testamt of Coll ffrancis Heartley decd is indebted to ye plantif ye sume of twelve pounds by account produced in Court. And the sd Susanah Heartley by her humble petic̄on showeth that she being very sick canot appear to answer the sd plant at this court and humbly craves day to be given to her till the next court.

Ordered that this action be referred to the next Cort

Juliana Taylor Widdow assumes upon herselfe in Court to answer a petic̄on of Mr Caleb Calaway and Benjamin Gidion shewing that the sd Juliana Taylor had molested and hindred the petic̄oners in their lawfull proceedings in and about the surveying of a tract of Land to ye sd Benjamin Gidion belonging lying on ye West side of Caslelons Creeke in Pequimons precinct And it appearing that the sd Juliana Taylors claime being by an entry made upon land formerly seated was illegal. But by the consent and at the request of the sd Benjamin Gidion in favour of the orphan John Taylor deceased

Ordered that the dividing line between the sd Benjamin Gidion and the sd Orphan shall begin about the length of a chaine up the swamp from a little house built upon Alexander Speeds labour and shall run paralel wth Cornelius Lerrys side line

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Upon petic̄on of John Wilson of Pascotank shewing that John Gibs esqr owed to ye petic̄oner lawfull allowance for four days attendance and one day coming and one day goeing at a court in ye year 1693 att ye request of Mr Edward Mayo Attorney of the said John Gibs

Ordered the sd Edward Mayo Attorney of the sd Jno Gibs pay unto the sd John Wilson ye sume of thirteen shills and four pence Als Execut

Of ye estate of Wm̄ Sprag one cow and calfe in the hands of James Thigpen and one steer in the hands of John Lilly attached upon the complaint of John Stepney. And the sd John Stepney came and saith that the sd Wm Sprag is indebted to the sd John Stepney in the sume of twenty six shillings by Bill under the hand of the sd William Sprag wch he proveth by the Oaths of Christopr Butler and Caleb Callaway. And the sd James Thigpen came and says that the cow and calfe attached in his hands are not any part of the estate of the sd Sprag but that they are the proper estate of him ye sd James Thigpen wch he proves by the oaths of Rich Willard and Anne Willard.

Ordered that the sd cow and calfe be delivered to ye sd Thigpen clear of this attachment wth cost. And Christopher Butler alsoe came and saith that ye sd steer attached as aforesd and all other goods or Chattell & estate of the sd Wm̄ Sprag doe now properly belong to the sd Christopher Butler and he produceth a bill of sale from the sd Wm̄ Sprag wch he proveth by the oath of Wm̄Charleton and for want of further evidence day is given to the sd Christopher Butler and thereupon this and all other attachments against the estate of the sd Wm̄ Sprag are referred to ye next Court.

The Provst Marshl or deputy is required to attach ye Body of Mary Lamb Administrator of ye goods and chattells of Joshua Lamb decd to answer ye plaint of Mr Wm̄ Collins of this county in a plea of Debt And the provst Marshall saith that she is not in this County to be found and she came not and the sd Wm̄ Collins came and saith that the sd Mary Lamb qualified as aforesd is indebted unto ye plantif ye sume of ten pounds sterling wch he desireth to be inquired of by the Country Wherefore the marshall is required that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys are any wayes related by whom the truth may be found who impanelled and sworne viz John Stepney foreman, Wm̄ Charleton, John Holford James ffewox Thomas Gillam Jno Lilly, Jno Bentley, Jno Tweger, Nicholas Symons, Robert beasley, Leon Loften, Patrick Keniday say upon their oath we finde for the plantif fifteen pounds in porke

Orderd That attachment be granted against the estate of the sd Joshua Lamb to satisfy the sd sum of fifteen pounds in porke wth Costs of sute.

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Upon petic̄on of Thomas Welch Servant to Mr Joseph Comander praying to be discharged from his servis And he produceth in Court his indenture by wch it appeares that the time of his service ought to comence from his first arrivall in Ashley River it being part of this Province of Carolina

Orderd that the sd Thomas Welsh be discharged emediately from his sd masters service

Thomas White and Diana his wife attached to answer Thomas Hassold in a plea of the case and the sd Hassold came in his proper person and saith that the sd Thomas White and Diana his wife oweth to the said Thomas Hassold the sume of twenty one pounds nineteen shills. by acct and contracts had and made between the plantive and the sd Diana one of the defendants whilest she was sole and the sd Thomas White and Diana his wife came and defend the Injury and say that that noe such accounts and contracts was made between the sd Diana one of the defendts and the plantifs as by his declarac̄on the plantif hath alleged and the sd Hassold produceth his accts in Court and the defendant saith to ye charge of twelve pence by the pound for keeping the books is not according to agreemt and that the charge for casting up the old books was not according to agreemt and that the totall of the debts by the sd Thomas Hassold given and whereupon the wages of the sd Hassold charged in the acct was assessed is given in to be greater than the reall accounts of the sd booke amounted to And the sd Thomas Hassold upon his oath declares that the totall sume given by him & upon wch he hath assessed his wages is the true and real sume of the Debts in the booke above menc̄oned contained, And further saith that the Charges abovesd for the keeping and casting up the booke abovesd are according to agreemt and this he desireth may be inquired of by the country Wherefore the Marshall is required that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys are any wayes related by whom the truth of the matter may be found who being impanelled and sworne viz Jno Stepney Wm̄ Charleton, James ffewox, Jno. Lilly, Jno Bentley, Nicholas Symons, Mr Nicholas Daw, Robert Beasley, Leonard Loften, Patrick Keniday, Thomas Clark Henry Palin, say upon their oath we finde for the Plantif thirteen pounds six shillings and two pence

Ordered that the sd Thomas White and Diana his wife pay to the Plantif ye sume thirteen pounds six shills and two pence wth costs of sute.

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James ffewox proveth his rights to land by the impor. of Rich Bachelor and John Haswell John Halford by his peticon shewing that he being sumoned to give his evidence for Thomas Hassold in an action aginst Thomas White and Diana his wife hath attended three days and day comeing and day goeing

Ordered that the said Thomas Hassold doe pay unto ye sd John Holford the sum of ten shillings and ten pence wth costs of this order John Tweger by his pectic̄on craving judgemt according to law for three days attendance, & a day coming and day goeing being sumoned an evidence for Thomas Hassold in his action against Thomas White and Diana his wife.

Ordered that the sd Thomas Hassold pay unto ye sd John Twegger the sume of ten shillings and ten pence

Mr. Robert Wilson attached to answer Stephen Manwaring in a plea of Defamac̄on and the sd Wilson came and craves time untill the next court for ye procuring of this evidence. Whereupon it is referred to ye next Court.

Wm Gascoigne by his humble petic̄on shewing that whereas it was provided by an act of assembly that a road should be laid out for ye inhabitants on the back of Winleys plantac̄on as conveniently as may be for the sd inhabitants wthout going through the cleared ground on the sd plantac̄on Not with standing which the road is still continued through the cleared ground and orchard upon the sd plantac̄on although a road may be found as convenient for the sd inhabitants wthout goeing through the sd plantac̄on

Ordered that the Court of the precinct of Chowan cause a road to be laid out according to the sd act and the proceedings therein be returned to ye next Genell Court. The Court adjourned untill Thursday 7 of clock the fforenoon


Thursday September Ye 27 Ffore Noon

The Court Meet

Present The Honeble Thomas Harvey esqr Depty Governr Danl Akehurst esqr Secretr ffrancis Tomes Benjaman Laker Majr Saml Swann Coll Thomas Pollock esqr Lds Deputys Capt Anthony Dawson Mr Jno Durant assistants

Mr Willm̄ Gascoigne by his humble petic̄on shewing that the estate of Thomas Slaughter decs haveing been administered upon by Madm Susana Heartley hath been a great part disposed of wthout any Lawfull apprisemt to ye great prjudice of the creditors and orphans

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Ordered that Madm Susana Heartley be sumoned to bring in an acct of the sd Thomas Slaughter's estate to the next Court.

Stephen Manwaring attached to answer Robert Wilson in a plea of trespas of the case and the sd Stephen Manwaring came and the sd Wilson alsoe and both partys freely and voluntarily refere themselves to the judgmt of the Court as well in the title of the land as alsoe in the assessing of damages and costs And the sd Robert Wilson by his attorney Mr Richard Plater saith that the said Stephen Manwaring into one plantac̄]on to ye sd Robert Wilson belonging lying in pequimons prcinct adjoining on a certaine place called the long reach unlawfully hath entered and an house thereon built and the ground thereof broke up and severall other injurys thereon comitted though thereof forewarned whereof the plantif saith he hath damage of fifty pounds and the said Stephen Manwaring saith that in and to the sd plantac̄on he hath entered as it was just and lawfull for him to doe for and because the sd plantac̄on whereon the sd trespas by the plantf. is aleged to be comitted is not as the plantif hath aleged the land of the sd Robert Wilson but ye proper land of the sd Stephen Manwaring and the sd Robert Wilson produceth ye entry of the sd land wth his receipts and quit-rents by him the sd Wilson paid for the sd land, And the sd Stephen Manwaring by Capt Henderson Walker his attorney produceth his right and entry. And upon considerac̄on of the whole matter it appearing to the Court that Mr Stephen Manwaring's entry hath the priority

Ordered that the surveyr lay out for the sd Stephen Manwaring six hundred and forty acres of land according to Capt ffletchers entry and yt the land yt shall be found between ye line to be laid out for the bounds of the sd six hundred and forty acres of ye sd Stephen Manwaring and Wm Lacy's line be surveyed for the sd Robert Wilson and the survey thereof be returned to the first day of the next Cort that it may appear where the trespas lyeth.

Capt Thomas Relfe sworne Provst Marshall

Benjamin LaKar esqr sumoned to answer James ffewox in a plea of trespas of the case And ye Honrbl Depty Governor Thomas Harvey esqr being nearly related to ye defendt withdraws And James ffewox sath that the sd Benjamin LaKar upon a certaine piece of land called Batts Grave or island certain hogs hath put whereby the plantifs corne thereon planted and growing hath been eaten up and destroyed whereby he is damnifyed ye sume of five pounds and the sd Benjamin LaKar by his attorney Capt Henderson Walker saith that Jno Gibs esqr had right to a parcel of land upon the

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sd island by labour thereon done and that Mr Edw. Mayo attorney of the sd Jno. Gibs hath assigned unto the sd Benjamin Lakar all the right and title of the sd Jno Gibs in and to the sd prcell of land upon the sd island whereon it was just and lawfull for the sd LaKar to put his hogs and that the plantif had not a good and lawfull fence about his sd corne and this he desires may be inquired of by the country wherefore the Marshall is required to cause to come here twelve true and lawfull men of the vicinage and who to neither partys are anywise related by whom the truth of the matter may be found who being impanelled and sworne viz Thomas Garrett foreman Wm̄ Gascoigne, Jno Twegger, Wm̄ Bournsby, ffrancis Penrice Geo Mathews, James Thigpen, Tho. Stephens, Jno Holford Jno Previt, Jno Lilly Robert Moline say upon their oaths we finde noe caus of action

Ordered that the sute be dismissed and that the said James ffewox pay costs

Anne Stuart Senr proveth 6 rights viz four negroes one English servt and Virgill Simons.

Upon petic̄on of Mr Rich Plater a letter of Attorney from Mr Saml Shrimpton of New England to ye sd Rich Plater proved by the Oaths of Mr John Blaney and Willm̄ Jarvis

Ordered to be recorded

John Tweger Wm̄ Lacy Tho. Stephens Nicholas Symons sworne evidences for the plantif in a plea of defamac̄on between Stephen Manwaring plantif and Mr Robert Wilson Defendt now depending

Adjourned untill one of the clock afternoon


September ye 27th Afternoon

The Court Meet

Prsnt The Honrble Thomas Harvey esqr Depty Governr Danl Akehurst esqr Secrt ffrancis Tomes Benjamin LaKar Saml Swann Coll Thomas Pollock esqr Lds Deptys Capt Anthony Dawson & Mr John Durant assistants.

Patrick Henly bound over to answer Willm̄ Bournsby upon an appeal from a judgment given agst him the sd Bournsby in the Court of the precinct of Pascotank. It appearing to the Cout that the sd judgemt be given upon a verdict of Jury the causes assigned by the sd Bournsby are insufficient for the appeal

Ordered that the ten pounds adjudged by the precinct Court to be paid unto the sd Henley by the sd Bournsby be confirmed

And the sd Bournsby appeals to their Lordsships Court of Chancery.

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Ordered that the sd Patrick Henley be sumoned to appear at their Lordsps Court of Chancery to be holden on Thursday the twenty ninth of November next to answer the appeal of the sd Wm Bournsby the sd Bournsby giveing security to prosecute the same.

Wm Bray sworne Depty Marshall

Nicholas Symons crave judgemt for his lawfull allowance for three dayes attendance and a day comeing and a day goeing being sumoned to give his evidence for Stephen Manwaring in an action agst Mr Robert Wilson

Ordered that the sd Stephen Manwaring pay unto the sd Nicholas Symons ye sume of ten shillings and ten pence.

Robert Beasley sumoned to answer Stephen Manwaring in a plea of the case and the sd Manwaring came and saith that the sd Beasley refuseth to prforme a contract and assumption by him made for the sawing wth the sd Manwaring or his servt five thousand five hundred foot of planke for the use of the sd Manwaring upon considerac̄on three thousand five hundred pounds of tobacco wch was due from the sd Robert Beasley to ye sd Stephen Manwaring. But ye sd Robert Beasley making it appear that the sd action of the case now brought by the sd Manwaring hath alreddy been tryed by the Country in several Corts and found for the Defendt Ordered that it be dismissed and yt the sd Stephen Manwaring pay costs.

George Harris sworne Deputy Marshall

Richard Bentley craves judgment for allowance according to law for his attending upon this Court one day and a day comeing and day goeing being sumoned by John Bentley to give his evidence in an action between Cornelius Lerry and ye sd John Bentley

Ordered that the sd John Bentley pay unto ye sd Richard Bentley ye sume of five shills and ten pence

Wm̄ Bentley craves judgemt for allowance according to law for attending upon this Court one day and a day comeing and a day goeing being sumoned by Jno Bentley to give evidence in an action between Cornelius Lerry and the sd Jno Bentley

Ordered that the sd John Bentley pay unto the sd Wm̄ Bentley ye sume of five shillings and ten pence

Jonathan Ashford Craves judgement for allowance according to law for his attendance on this court one day and a day comeing and a day goeing being sumoned by Jno Bentley to give evidence in an action between Cornelius Lerry and the sd John Bentley

Ordered that ye sd John Bentley pay unto ye sd Jonathan Ashford ye sume of five shillings and ten pence

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Jno Mason bound over to appear at this Court to answer Wm̄ Bournsby in an appeal from judgment given upon a verdict of Jury in Pascotank Court against the sd Wm̄ Bournsby and the sd John Mason appeareth by Mr Manwaring his attorney and the sd Bournsby by Capt Henderson Walker his attorney

And the Court will hereof advice

Peter Grey sworne Deputy Marshall

Wm̄ Lacy jun craves judgemt for his allowance according to law for his attending two ds upon this Court and a day and a day goeing being sumoned by Mr Stephen Manwaring to give evidence for the sd Manwaring in action between the sd Stephen Manwaring and Mr Robert Wilson.

Ordered that the sd Stephen Manwaring pay unto ye sd Wm Lacy the sume of eight shillings and four pence

Joan Vos Craves judgmt for Lawfull allowance for her attending upon this Court two days and day coming and day goeing being sumoned to give evidence for Mr Robert Wilson in an action between ye sd Robert Wilson and Stephen Manwaring

Orderd that ye sd Robert Wilson pay unto the sd Joan Vos the sume of eight shills and four pence

Wm Vos craves judgmt for allowance according to law for his attendance upon this Court two dayes and a day comeing and a day goeing being sumoned to give evidence in an action between Robert Wilson and Stephen Manwaring

Ordered that the sd Stephen Manwaring pay unto the sd Wm Vos ye sume of eight shillings and four pence

Patrick Keniday Craves judgemt for allowance according to law for his attendance upon this Court two days and a day coming and a day goeing being sumoned to give evidence for Stephen Manwaring in an action between the sd Stephen Manwaring and Mr Robert Wilson

Ordered that the sd Stephen Manwaring pay unto the sd Patrick Keniday the sum̄e Eight shill & four pence.

Patrick Keniday craves judgmt for allowance according to law for his attendance upon this Court two Days being sumoned to give evidence for Robert Wilson in an action between the sd Wilson and the sd Manwaring Ordered accordingly

John Holford craves judgmt for allowance according to law for attending this court as an evidence for Tho. Hassold agt Thomas White and Diana his wife three days and day coming and day goeing.

Ordered that the sd Thomas Hassold pay unto the sd John Holford ye sume of ten shills and ten pence

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Thomas Stephens Craves allowance according to law for his attending of this Court as an evidence for Stephen Manwaring agt Robert Wilson two days and day coming and day goeing

Ordered that the sd Stephen Manwaring pay unto the the sd Thomas Stephens eight shillings and four pence

Eliz Mowbery craves allowance for her attendance as an evidence for Patrick Henley agst Wm Bournsby four days and a day comeing and a day goeing

Ordered that the sd Patrick Henley pay unto the sd Elizabeth Mowbery ye sume of thirtee shills. and four pence

Jno Twegger craves allowance for attending this Court being an evidence for Stephen Manwaring against Robert Wilson four days and a day comeing and a day goeing

Ordered that the said Stephen Manwaring pay unto ye Jno Tweger the sum̄ of thirteen shillings and four pence.

Jno Twegger craves allowance for his attendance being an evidence for Tho Hassold agst Thomas White and Diana his wife three days and a day comeing and a day goeing

Ordered that the sd Thomas Hossold pay unto the sd Jno Twegger the sum̄e of ten shills and ten pence

James ffewox proveth his right to one hundred acres of land by importac̄on of Richard Bachelor & Jno Haswell

Jno Symons proveth his right to fifty acres of land by the importac̄on of himself.

Court adjourned untill September the 28


September Ye 28 1694 Forenoon

Prsnt Danl Akehurst esqr Secr ffrancis Tomes Ben. Lakar Majr Saml Swann Coll Thomas Pollock esqr Lords Deputys Capt Anthony Dawson assistant

Wm̄ Lacy Senr Craves allowance for his attendance being an evidence for Stephen Manwaring agst Robert Wilson two ds and day comeing and day goeing

Ordered that the sd Stephen Manwaring pay unto the sd Wm̄ Lacy eight shills and four pence

Mr Edward Mayo craves allowance for his attendance being an evidence for Thomas Hassold in his action against Thomas White and Diana his wife three dayes and a day comeing and goeing

Ordered that the sd Thomas Hassold pay unto the sd Edward Mayo the sume of ten shills and ten pence

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Timothy Pead and charles Thomas bound over upon informac̄on of Mathias Towler to answer their contempt in taking away a whale from him the sd Mathias Towler he having a Lycence from the Honble Governor for whaling. It sufficiently appears to the court that the sd Timothy Pead and Charles Thō did not in any wise shew any contempt of authority

Ordered that the sd Timothy Pead and Charles Thomas be discharged

Present Mr Jno Durant assistant

Mathias Towler bound over by order of Couratuck Court bearing date the twenty third day of April last for feloniously taking of eight Barrels belonging to Timothy Pead. It appearing by the oath of An Ros yt she ye sd An Ros to whom the Barrells did then belong gave her consent that the sd Mathias Towler should have the Barrell pay her for them and that her consent was given to ye sd Towler for the sd Barrells before any agreemt was made wth the sd Timothy Pead concerning them

Ordered that the sd Mathias Towler be discharged.

Charles Thomas by his petic̄on sheweth that he the sd Charles Thomas had done ten dayes worke upon the whale wch afterwards Mathias Towler tooke from Timothy Pead and Company wch he proveth by the oath of An Ros.

Ordered that Mathias Towler pay unto the sd Charles Thomas for his labour done upon the whale ten shillings and upon assignmt of Timothy Pead two shillings and six pence due to the sd Pead for his labour in and about the sd whale with costs of this prsent Order

Anne Ros humbly sheweth that she the sd Ros wth the assistance of some of her owne family tryed up three Barrell of oyle out of the whale wch Mathias Towler afterwards took from timothy Pead and their company and that shee did other labour about the sd whale And that Mathias Towler had by her consent and upon promis of pay seven barrells for all wch she prayeth judgemt

Ordered that Mathias Towler pay unto the sd Anne Ros the sume of fifty one shillings and three pence wth cost of this order

Edward Sup craveth allowance for attendance being an evidence for Sarah Johnson against Jno Hopkins two day and a day coming and a day goe goeing. Capt. Anthony Dawson humbly praying that Willm Bentley may make appear his title to the land called Hawtry Neck upon considerac̄on of the whole matter

Ordered that Capt Dawson have the land lying on the head of Ben Lakar esqr his land according to the entry made by Capt. Anthony Dawson

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Leonard Loften proveth rights for himself and Eliz his wife.

Richard Bentley by his attorney Capt Henderson Walker shewing that the action brought by Corne. Lerry agst the sd Bently was not actionable by law humbly craves a hearing in Chancery

Ordered that that the sd Lerry be sumoned to appear at the Court Chancery to be holden the twenty ninth day of November next to answer the premises and the sd Rich. Bentley give good security for prosecution.

John Mason acknowledged a bill of sale for twenty four head of cattle to Robert Kitching

John Mason acknowledgeth his and Sarah his wife their assignemt of a bill of sale made to the sd Jno Mason by Jno Don of a certain plantac̄on in the prcinct of Couratuck lying next to Whitts Island unto the sd Robert Kitching.

Upon Petic̄on of Jonathan Bateman shewing that he haveing maried the Relict of Lawrence Arnold deceased hath paid severall debts of the sd Arnold and the executor of the last will of the sd Arnold being under age he humbly prayeth that he may be be reimbursed the sd debts wth his charges It appearing that noe probat hath been given of the sd Will

Ordered that a probat be given of the last will of the sd Arnold to ye Executor by the sd Will appointed and forasmuch as the executor is under age Jonathan Bateman his guardian shall in his behalfe Execute the sd Will

Sarah Mason wife of Jno Mason acknowledgeth her free and voluntary assent to the assignment of John Dons bill of sale unto Robert Kitching

The Court adjourned untill two of clock


Septembr 28 After noon

Prsent Danl Akehurst esqr Secret ffrancis Tomes Benjamin Lakar Majr Saml Swann Coll Thomas Pollock esqr Lords Deptys Capt Anthony Dawson Mr Jno Durant assistants

Jno Previt proves his right three hundred acres of land by the importac̄on of Jno Previt twice transported An his wife Philip Warde Jno Previt Jur Mary Previt

Majr Saml Swann proveth his right to six hundred and fifty acres of land by the importac̄on of Saml Swann, Sarah Swann, Wm, Sam, Samson, Henry and Thomas Swann, Eliz Hunt, Tom, Mary, Hanah Eliz and Jane Servts

Jno and Sarah Mason craves allowance for their attendance being evidences for Patrick Henley against Wm Bournsby each four ds and day comeing and day goeing.

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Ordered that the sd Patrick Henley pay unto the sd Jno. Mason and Sarah his wife the sume of twenty six shills and eight pence Prsnt ye Honebl Thomas Harvey Depty Governr

Mrs Anne Durant shewing that two of the apprisors appointed to apprise the estate of Mr George Durant decd are by departure or sickness disabled. Craves that other may be appointed in their stead.

Ordered that Mr Jno West Mr Jno Whitby Jonathan Bateman and Tho. Hassold or any three of them being sworne before Mr Jno Godfrey shall apprise the sd estate

Mr ffoster Jervis craveth a division to be made of the estate of Thomas Jervis esqr decsd that the sd ffoster Jervis may have his part separate.

And Mr Charles Neal in behalf of Dorcas Daughter of ye sd Charles Neal and Dorkas his wife who was daughter of the sd Thomas Jervis humbly prayeth that the part or portion belonging to the sd Dorcas Neal out of her grandfather ye sd Thomas Jervis his estate may be delivered to ye sd Charles Neal in behalf of his sd daughter

Ordered that Mr Wm Allen Mr Thomas Vandermulen and Rich. Sanderson jur or any two of them shall make devision of the estate of the sd Thomas Jervis and that the sd ffoster Jervis have his part or portion of the sd estate and that the parte or portion of the sd estate belonging to ye aforemenc̄oned Dorkas Neal be delivered unto the sd Charles Neal he giving security before the prcinct Cort of Couratuck for the same

An Ros craveth allowance for her attendance (being an evidence for Mathias Towler) four days and two days coming and two dayes goeing.

Ordered that the sd Mathias Towler pay unto ye sd An Ros sixteen shillings and eight pence

Thomas Tull shewing that in ye year 1689 he the said Thomas Tull obtained a nonsute against Jno. Gibbs esqr for wch noe satisfaction hath hitherto been made for his costs and charges therein. The matter at the request of the sd Thomas Tull and of Mr Edw Mayo attorney of the Jno Gibbs being referred to the Court

Ordered that the sd Edward Mayo as attorney of ye sd Jno Gibs pay unto the sd Tho. Tull the sume of five pounds wth costs of this prsent Judgemt in satisfaction for all the costs and charges of the sd Nonsute.

Peter Grey craves allowance for his attendance one day being Evidence for Mr. Robert Wilson in an action against Stephen Manwaring

Ordered that the sd Robert Wilson pay unto Peter Grey the sum of thirty pence

Peter Grey craves allowance for one days attendance being an evidence for Stephen Manwaring against Mr Robert Wilson

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Ordered that the sd Stephen Manwaring pay unto Peter Grey thirty pence

Peter Grey craves allowance for one ds attendance being evidence for Stephen Manwaring against Robert Beasley. Ordered that Stephen Manwaring pay unto the sd Peter Grey thirty pence

In Chancery

Thomas Gillam and Sarah his wife sumoned to answer Mr Edward Smithwike and Jno Smithwike and they came and Edward Smithwike by Capt Walker their attorney pray that the judgemt obtained against them the sd Edw Smithwike and Jno Smithwike at the sute of Thomas Gillam and Sarah his wife in an action of trespas at the Comon law may be reversed and they unto their possession may be restored for and because the plantac̄on and dwelling house wherein the sd trespas was pretended to be comitted is upon the land formerly survey and laid out for Mr Hugh Smithick ye Oratos father as by the survey returned by the Honrbl Major Saml Swann doth appear and alsoe craves that they may have a patent for the sd land according to the sd survey And they further prove that noe force hath been by the prsnt Orators used for the gaining of their lawfull possession but that the entry whereon the sd action at Comon law against them was brought was a peacible and lawfull entry by the Oathes of Mr Nicholas Chrisp and William Charleton upon considerac̄on of the whole matter and hearing of all ye partys

Decreed that the right and title of the sd land is in ye sd Mr Edward Smithwike and Jno Smithwike and that the order of Court obtained against the sd Edward Smithwike and Jno Smithwike at ye sute of the sd Thomas and Sarah Gillam be reversed and it is hereby reversed and yt the Provost Marshall or deputy shall put and restore ye sd Edward Smithwike and Jno Smithwike into their lawfull possession in and upon the plantac̄on where the sd Thomas Gillam now liveth upon the first day of January next untill wch time the sd Thomas Gillam and Sarah Gillam shall have liberty peacibly to remove all their goods and chattels and crop of corne of & from the sd plantac̄on Making noe wast And that the sd Edward Smithwike and Jno Smithwike shall pay unto the sd Thomas and Sarah Gillam ye sum of five pounds in porke in considerac̄on of the building and other improvement upon the sd Plantac̄on by them done and the sd Thomas and Sarah Gillam shall pay cost of sute.

Sarah Johnson sumoned to answer Jno Hopkins and she came and by her attorney Majr Alex Lillington humbly moveth that she may have time till the next Court for preparing and bringing in her answer and the sd Jno Hopkins by his attorney Capt Henderson Walker moveth that

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evidences by them sommoned may be sworne And in prsence of both partys ye affidavit of An Ward is taken for the sd Jno Hopkins and the affidavit of Edward Sap is taken for the sd Sarah Johnson and the further hearing referred until ye Court of Chancery to be held upon the 29th day of November next

Adjourned untill Saturday the 29th day


Saturday September ye 29th 1694

Prsnt The Honebl Thomas Harvey esqr Deputy Governr Danl Akehurst esqr Secrt Francis Tomes Benj. Lakar Majr Saml Swann Coll Tho Pollock esqr Lds Deputys Capt Anthony Dawson Mr Jno Durant assistants

Henry Palin craves allowance for his attendance being an evidence for Wm̄ Bournsby agst Patrick Henley six days and day coming and day goeing

Ordered that the sd Wm̄ Bournsby pay unto the sd Henry Palin eighteen shills and four pence.

Henry Palin craves allowance for his attendance for Wm̄ Bournsby agst Mason three days

Ordered that Wm̄ Bournsby pay unto yee sd Henry Palin seven shills and six pence.

John Wilson crayes allowance for attendance an evidence for Wm̄ Collings agst Mary Lamb three dayes and a day coming and day goeing—Ordered that the sd Wm̄ Collings pay unto the sd John Wilson ten shill and ten pence

Adjourned untill
the Last Munday
in November
being ye 24th
of November
1694

THOMAS HARVEY
DANIEL AKEHURST
BENJAMIN LAKAR
THOMAS POLLOCK
SAMUEL SWANN
FFRANCIS TOMES
ANTHONY DAWSON
JOHN DURANT