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Minutes of the General Court of North Carolina, including Chancery Court minutes
North Carolina. General Court
November 26, 1694 - November 30, 1694
Volume 01, Pages 423-438

GENell COURT HOLDEN AT THE HOUSE OF THOMAS WHITE Ye 26th DAY OF NOVEMBER

Present The Honeble Thomas Harvey esqr Depty Govern The Honeble Danl Akehurst ffrancis Toomes Benjamin Lakar Saml Swann Coll Tho. Pollock esqr Lds Deputys Mr Robert Wallis assistant

The Court meet and adjournne untill ye 27th instant 7 of ye clock

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November ye 27th fforenoon

Presnt ye Honerble Thomas Harvey esqr D Gover The Honeble Danl Akehurst ffrancis Tomes Benjamin Lakar Majr Saml Swann Col Thomas Pollock esqr Lds Deputys Mr Wm̄ Duckenfield Mr Robert Wallis assistants

The Court meet and ye Members above named take ye oath underwritten

The forme of the Oath

You shall doe equall Right to ye poor and rich after your Cuning witt & Power you shall not be of Councell of any quarrell hanging before you

The Oath of the Grand Jury

You shall as foreman of the Grand Jury of Inquest of the Body of this County deligently to Inquire into and true presentmt make of all such matters as shall be given you in charge. Their Majesties Councel your owne and your fellows you shall faithfully keep. You shall prsent none for malice hatred or revenge you shall leave none unprsented for pity fear Love favour or affection. You shall take or be in Expectac̄on of receiving noe gift bribe or reward but you shall in all things present the truth the whole truth and nothing by the truth according to yor knowledge Soe help you God

The Attorney Genlls Oath

You shall swear as their Majesties Attorney Genell wth this Govermt truely and faithfully to Execute the sd Office to ye best of yr Witt Cuning and power soe long as you shall continue in the sd Office Soe help you God

Mr John Porter Jur sworne Attorney Genll

Orderd yt ye Attorney Genll forme an Indictment on their Majesties Behalf against Mr John Philpot

Alexander Lillington attor of Mr John Wright of Virginia comes to prosecute his sute against Thomas Hawkins of this County in a plea of Debt referred from the last Genll Court and the sd Thomas Hawkins came not and the sd Alex Lillington craves Judgmt agst Capt Henderson Walker for the sd debt by vertue of of an order passed ye last Court upon an assumption made by the sd Henderson Walker for the sd Thomas Hawkins's appearance at this Crt to answer the sd sute and for as much as the sd Thomas Hawkins appeared not either by himself or his lawfull attorney

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Orderd that ye sd Capt Henderson Walker pay unto ye said Alexander Lillington attorney of ye sd John Wright ye sume of sixty three pounds fourteen shillings according to Specialty wth costs of sute als Execution

And the sd Henderson Walker craves that further proceedings in the abovesd sute may be stayed untill an hearing of the matter be had in their Ldsps Court of Chancery to be held ye        day of ffebruary next, and the sd Henderson Walker for himselfe and Coll Wm̄ Wilkison on ye sd Henderson Walker's behalfe undertake and assume upon their selves joyntly and severally in the penall sume of one hundred twenty seven pounds eight shills to be levyed of their goods and chattels to ye use of the sd Alex Lillington Attorney of the sd John Wright for ye sd Henderson Walkers appearance at their Lordships Court of Chancery to be holden ye day and moneth aforesd to prosecute ye sd appeal

Dan1 Philips take ye Oath of Deputy Marshall of this County.

John Hopkins by his attorney Capt Henderson Walker comes to prosecute his attachmt against ye estate of Wm̄ Spragg. And ye Provost Marshall returnes attached on ye behalfe of ye sd John Hopkins six sheep one p of stilliards and one loom one Cow and yearling one cow and calfe wth what ever of the estate of the sd Wm̄ Sprag is in ye possession of Christopher Butler and three pounds five shillings in the hands of Lawrence Mesell and ye sd John Hopkins saith yt ye sd Wm̄ Sprag is justly indebted to him the sd Hopkins ye sume of fourteen hundred pounds of Merchantable Porke for and in considerac̄on of fourteen sheep sould by the said John Hopkins to ye sd Wm̄ Sprag and further saith yt upon demand of ye sd Debt made by ye sd John Hopkins the sd Wm̄ Sprag willingly tendered ye sd sheep unto ye said John Hopkins for satisfaction of the sd Debt of fourteen hundred pounds of porke but that Christopher Butler by perswation prevented the same and in short time after weh designe and purpose ye sd John Hopkins of his just debt to defraud purchased all the estate of the sd Wm̄ Sprag. And the said Christopher Butler by Stephen Manwaring his attorney comes and defends ye sute and saith yt judgemt of ye goods attached he ought not to have for and yt ye sd Butler had lawfully purchased all the goods and chattels of ye sd Wm̄ Sprag and this he desireth may be inquired of by the Country and the sd Hopkins likewise. 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 ptys are any ways related by whom

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the truth of the matter may be tryed who accordingly impanelled and sworne

Namely
John Stepney foremn
Mr James ffisher
Mr Tho Horton
Mr Dan1 Snooke
Mr Isack Wilson
Mr Robert Beasley
Mr George Dear
Mr Geo. Mathews
Mr Robert Moline
Mr Rich Cheston
Mr Jenkins Williams
Mr Henry Norman

say upon their Oath we finde for the Plantife

Evidences sworne for Plaintif Arthure Carleton, James ffisher Coll Wm Wilkison, Majr Alexandr Lillington

ffor defendt Wm̄ Charleton and Arthure Carleton

Ordered that the Marshall make paymt of the sd sum̄e of fourteen hundred pounds of porke unto ye sd John Hopkins of ye goods attached being apprised according to law wth costs of sute & ye overplus if any be to returne to the said Christopher Butler.

And the sd Christopher Butler craves that further proceedings in ye prmisses be stayed untill full hearing of ye whole matter be had at the next Court of Chancery to be holden for this Govermt And Mr Stephen Manwaring on behalfe of ye sd Christopher Butler and ye sd Butler in his owne behalfe assume upon themselves in the penall sum of twenty eight hundred pounds of Merchatable porke jointly or severally to be levyed on their goods and chattels to ye use of ye sd John Hopkins if ye sd Butler shall make default in the prosecution of his said appeal

Coll Wm̄ Wilkison having been bound over for his appearance at this court and his good behaviour in the mean time makes his personall appearance and the Court haveing considered ye complaint made agst him Ordered that the sd Coll Willm̄ Wilkison give good and sufficient surety for his good abearing towards their majesties and towards his Excell the Palatine and rest of the true and absolute Lds proprietors and inhabitants of this County for and dureing one whole year and one day. And the said Wm̄ Wilkison acknowledgeth himselfe to be firmly held and bound in the penall sum of one hundred pounds and Mr Thomas Blount of this County of Albemarle under takes on ye behalfe of ye sd Wm̄ Wilkison in ye sum of fifty pounds to be paid to his Excel the Palatine and rest of ye true and absolute Lords proprietors their heirs and successors weh sd sevearall sums they doe acknowledge to be levyed on their

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goods and chattels to ye use aforesd if ye sd Wm̄ Wilkison shall be deficient in the above written order.

Wm̄ Bundy acknowledgeth his bill of sale to Timothy Clear of a tract of land situate in Pequimons Prect between ye lands late of Joshua Scot and the lands called comonly Finckley

Andrew Ross proves by ye Evidence whose names are thereunto subscribed his Letter of Attorney from Robert Scott. Ordered to be Recorded.

A letter of Attorney from Mary wife of Lawrence Mageo to Andrew Ros proved by ye Evidence thereunto subscribed Ordd to be Recorded

A letter of attorney from John Keeton to Major Alex Lillington proved by ye Evidences and ordered to be Recorded

A Letter of Attorney from James Alexander to Major Alexander Lilling proved by the Evidences and ordered to be Recorded

The Grand Jury sworne Namely

The Court adjourned untill five of Clock


November ye 27th five of ye Clock

The Court Meet Presnt The Honebl Thomas Harvey esqr Depty Governr The Honebl Danl Akehurst ffrancis Tomes, Benj Lakar, Saml Swann Coll Thomas Pollock esqr Lds Deputys Wm̄ Duckenfield and Mr Robert Wallis assistants Madm Susanah Heartley Executrx of the last Will and testamt of Col ffrancis Heartley deceased arrested to answer ye Plaint of Patrick Henley in a plea of Case And ye said Patrick Henley comes and saith that ye defendt is indebted to him by acct contracted by ye sd ffrancis Heartley in his life time ye sum of twelve pounds and the Defendt by Capt Henderson Walker her attorney defends the sute and craves oyer of ye sd acct wch being read she further saith that satisfaction of and for ye sd acct hath alreddy been made and this she desireth may be inquired of by the Country and the sd Henley likewise and the Marshall is comanded yt he cause to come here twelve true and lawfull men of ye vicinage and who to neither of ye partys are related by whom the truth of the matter may be found who accordingly impanelled and sworne

Namely
John Stepney Jury
Isaac Rowden Jury
Janes Farloe Jury
ffrancis Wade Jury
John Hopkins Jury
Robert Wilson Jury
Timothy Clear Jury
James ffisher Jury
Isaac Wilson Jury
Robert Moline Jury
Thomas Lepper Jury
John Alford Jury
Evidences for defendt
Thomas Lepper
Thomas Horton

Say upon their Oath We finde noe cause of Action

Ordered that ye sute be dismissed and that the sd Henley pay costs of sute.

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John Stepney comes to prosecute his attachment of one steer ye estate of Wm̄ Sprag by Reference from the last Court at wch Court he had made his debt appear to be twenty six shillings by Bill And Christopher Butler comes and sath that judgmt of ye chattell attached he ought not to have for and that ye sd chattell is by purchase from ye sd Wm̄ Sprag his ye sd Butlers proper goods and this he desireth may be inquired of by the Country and the sd Stepney likewise. Wherefor the Marshall is required that he cause to come here twelve true and lawfull men and who to neither partys are any wayes related by whom the truth of the matter may be found who being impanelled and sworne viz

(Jury
Isaak Rowden
Isaak Wilson
James ffarloe
Tho Lepper
ffrancis Warde
Robert Moline
Robert Wilson
Rich Madren
Ralph ffletcher
John Halford
James ffisher
Timothy Clare

Say upon their oath We finde for the plantif with Costs

Ordered that ye Marshall make paymt of ye sd Steer apprised according to law unto the sd John Stepney for ye defraying of ye sd sume wth costs of sute and ye overplus if any be to returne to the sd Christopher Butler

And the sd Butler crave hearing hereof to to be had at ye next Court of Chancery and in the mean time all proceedings at comon law be stayed and George Mathews on ye behalf of ye sd Christopher Butler surety for ye prosecution

Stephen Manwaring comes to prosecute his sute upon a reference from the last Court in a plea of defamac̄on against Mr Robert Wilson and ye sd Wilson by Mr John Porter Jur his attorney comes and saith that ye sd action against ye sd Robert Wilson ought not to be had for and because the same action had before been brought by ye sd Stephen Manwaring agst ye defendt and upon tryall by the Country was found for the defendt

Orderd yt ye sute be dismissed and yt ye sd Stephen Manwaring pay costs

Adjourned untill ye 28th of Instant 7 of the clock in the morning:


November Ye 28th Forenoon

Court meet Presnt The Honeble Thomas Harvey esqr Depty Governr The Honbl Danl Akehurst ffrancis Tomes Benj Lakar Maj Saml Swann Coll Tho Pollock esqr Lds Deputys Mr Will Duckenfield Mr Robert Wallis assistants

The list of tithables being brought in and being in number seven hundred eighty seven. By vertue of an order of Assembly impowering this

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Court to lay ye sume of one hundred and ninety five pounds eleven shillings and ten pence upon the tithables now brought in ordered that for the defraying ye sd Charge of one hundred ninety five pounds eleven shillings and ten pence the Collector Major Alexander Lillington or his deputy or deputys levy by distress upon ye sd Seven hundred Eighty seven tithable ye sum of five shillings per pole and that he make paymt thereof to the severall persons to whom it is due And that he pay unto Mr Edward Smithwike forty shillings and Mr Robert Beasley twenty shillings for their severall journeys into Virginia to ye Rt Honebl Governr Ludwell on ye Country service out of the forty pounds advanced towards publick buildings. And that alsoe ye sd Collector or his deputy or deputys be and are Hereby Impowered to make distrest for his just arrears of his last yeares collection for wch he hath not alreddy taken Bill

Mr ffrancis Tomes, dissents

Robert Wilson comes to prosecute his action of trespas of the case against Stephen Manwaring referred the last Court that by ye survey thereof ordered to be returned to this Court it might plainly appear where the trespas lay And ye survey of ye land of ye sd Stephen Manwaring according to ye sd order being returned It doth appear that ye land and plantac̄on whereon the sd Robert Wilson had complained ye sd trespas to have been by the sd Manwaring comitted was wthin the bonds of ye sd Manwarings proper land

Ordered that ye sd sute be dismissed and that the sd Rober Wilson pay costs of suite.

The estate of Nathan1 Bell of Bermuda attached in the custody of Mr Joseph Comander to answer the plaint of Mr Willm̄ Duckenfield and the sd Wm̄ Duckenfield came and saith yt ye sd Nathan1 Bell is justly Indebted unto the sd Wm̄ Duckenfield by an acct ye sume of six pounds fourteen shillings wch he proves by his owne oath and the oath of Hanaball Haskins.

Ordered that paymt be made unto ye sd Wm̄ Duckenfield of ye sd sum of six pounds fourteen shill wth costs of Sute out of ye estate attached as aforesd als Execution

The Marshall being comanded to attached soe much of ye Goods and Chattells of Joshua Lamb deceased as would satisfy ye sum of fifteen pounds in porke wth cost of sute recovered of Mary Lamb Administratrix of ye Goods and Chattells of the said Joshua Lamb at ye sute of Wm̄ Collins ye Marshall makes returne of ye sd Writt yt there was not goods or chattells to be found

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Ordered that a writt of Eligit be granted to the sd Wm̄ Collings as well agst all goods and Chattells of the sd Joshua Lamb as agst one half of all his lands and tenemts within this Govermt

Wm̄ Hencock arrested to answer James ffarloe in a plea of the case and ye sd James ffarloe came and saith that the sd Wm̄ Hencock unto ye plantif one mare hath sould wth warranty from all persons and claimes wch sd Mare out of the possession of ye plant hath since been taken claimed and held contrary to ye intent and meaning of the sd sale and the sd Hencock by Hanaball Haskins his attor. saith that ye plant ye sd action against him ought not to have for and that ye sd mare out of the plantifs possession as he hath alleged hath not been taken and detained and this he Casteth upon the Country and the Plantif by Mr Edward Smithwike his attorney likewise and ye Marshall is comanded that he cause to come here twelve true and lawfull men of the vicinage and who to neither of the partys any way are related by whom the truth of the matter may be tryed who Impanelled and Sworne viz John Mason Thomas Lepper ffrancis Ward John Hopkins Timothy Clear James ffisher Isaak Wilson, Rich Madren, George Mathews Robert Moline George Dear John Halford say upon their oath we find no cause of action. Ordered yt it be dismissed and ye plantif pay costs

Madm Susanah Heartley sumoned to render an acctt of ye estate of Thomas Slaughter and she came and by Hanaball Haskins her attorney saith that Mr Will Gascoigne part of the estate of the sd Slaughter in his hand yet detaineth and ye sd Gascoigne upon his oath declares yt he in his possession any part of ye estate aforesd hath not except one little trunck wch he had formerly given to his daughter the sd Thomas Slaughter's wife and the sd Hanaball Haskins upon his Oath prsents an inventory of ye sd Slaughters estate

Ordd that James ffarloe pay unto James Pollock and Dan1 Halsey each allowance according to law for each three days attendce being sum̄ as evidences in his sute agst Hencock and each two days coming and two ds goeing

Ordered yt Mr Wm̄ Duckenfield pay unto Hanaball Haskins an evidence in his plea agst Bell ye sum̄e of Eight shills and four pence for two days atten. & day coming & day goeing

The Jurors for our Soveraigne Ld and Lady ye King and Queen prsent yt John Philpon of the prct of Pasquotank in the County of Albemarle did at or about ye 14th day of September 1694 at the house of Major Alexander Lillington in the p1ct of pequimons in the county aforesd advisedly maliciously and devilishly in the pr of divers persons utter and

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declare these words following saying God dam king Willm̄ and alsoe at ye aforesd time and place did utter himselfe further saying I'le drink King James health for he is the right King and did further at the same time and place utter his secret malice agst their Majesties for being admonished of wt he had said agst their Majesties he asked wt he had said and answer being made that he had said God Dam King William to weh he did in most malicious manner reply Then God dam him again and ye sd Philpot did since upon his examinac̄on upon the abovesd matter before the Honrble Deputy Governr and Councell them offer to dispute agst their prsent Majesties right to the Crowne and for King Jame's contrary to the peace of our Soveraigne Lord and Lady the King and Queen their Crowne and dignity and is contrary to an act of Parlmt made and in that case provided ye first year of the reigne of King Edward the 6th & 12th Chapter.

Upon weh Indictmt ye sd John Philpott being arraigned pleaded Not Guilty and put himself upon his Country who impanelled and sworne viz

Jury
Mr Caleb Callaway
Mr Tho. Lepper
Mr James ffarloe
Mr ffrancis Warde
Mr John Hopkins
Mr Robert Wilson
Mr Timothy Clear
Mr James ffisher
Mr Isaak Wilson
Mr John Stepney
Mr Edw. Smithwike
Mr Tho Blount
Witness for their Majesties
Majr Lillington
Timothy Pead
John Tweger
Mary Peterson

The jury saith upon their oath he is guilty.

Order yt ye sd John Philpott forfeit all his good and Chattels unto his Excel the Pala and rest of the true and absolute Lds proprietors and suffer imprisonmt of his body for and during one whole year and a day wthout Bail or Mainprise.

And upon the humble petic̄on of ye sd John Philpott and in comiserac̄on of his weakness and age.

Ordered that ye Marshall shall cause ye goods and chattells of ye sd Philpott to be apprised and a true inventory thereof to returne to ye Secretary's office and to secure in his custody soe much of the sd estate as shall be sufficient to defray the charges of his prosecution and the rest to deliver to the said Philpot he giving good security to render ye same or an acct thereof to ye Grand Councell whensoever he shall be thereunto required.

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Henry Brooks proves his right to fifty acres of land by the Importac̄on of himselfe

Capt Thomas Relfe acknowledgeth his assignmt of a patent to John Jenings and Willm̄ Relfe

Ordered to be recorded

Mr Rich Pope attached to answer Lawrence Mageo and Mary his wife Guardians of Wm̄ Battle son and heir of John Battle in a plea of trespas of the cace and the sd Rich Pope by Mr John Porter his attorney craves day till the first day of the next court

Ordered that ye sute be referred unto the first day of ye next Genll Court.

Upon complaint of the Chowan Indians that they are much injured by the English seating soe near them

Ordered that no more entry or settlemt of land be made higher then the plantac̄ons weh are alreddy seated above the old towne Creeke and yt wt entries are already made and not yett settled shall be void.

An attachmt at ye sute of Thomas White and Diana his wife agst ye estate of John Toomy served on Thurler Offe to give acct of wt estate belonging to ye sd Toomy is in his hands and he came not. Ordered that the Marshall take into his custody ye Body of the sd Thurlo Offe and him safely to keep untill he give good surety to appear the first day of the next Genll Crt to render acct of the sd Toomys estate weh is in his Custody.

Mr John Wright upon his oath attesteth an affidavit taken before him in verginia to prove a bill passed by James Thigpen to John Keedon of verginia for the sum of two thousand pounds of tobacco.

A Letter of Attorney from John Spelman to ffrancis Hendrick proved by ye oath of Thomas Hassold and John Tweger Ord. to be Recorded

Wm Collins and Mrs Mary Clarke arrested to answer ye plaint of John Lear esqr and Ana his wife Executrix of the last will and testamt of Seth Sothell esqr deceased in a plea of Debt and ye sd John Lear by Capt Henderson Walker his attor. and the sd Wm̄ Collins came and by free consent of both ye sute is referred untill ye Genel Court to be holden ye last Munday in September next.

John Dan arrested to answer ffrancis Hendrick Executor of ye last Will and testamt of Edmund Chambers decd in a plea of Debt and ye sd Hendrick came and it being made appear that ye sd John Dan by reason of sicknes was uncapable of coming it is referred to ye first day of Next Court

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A letter of attorney from Mrs An Durant unto John Durant proved by the oath of George Harris

Ordered to be recorded

Mrs An Durant arrested to answer Wm̄ Curry in a plea of Case and the sd Curry came not and the sd An Durant by her attorney John Durant came and craved a nonsute.

Ordered yt ye action fall and yt ye plantif pay costs.

Thomas Staunton arested to answer Andrew Rosle attorney of Robert Scott in a plea of ye case and the sd Rosle Came and Saith yt the sd Thomas Staunton is indebted unto ye plantif by bond one yoke of Oxen one Mare wth her increase and one hundred and thirty pounds of Tobacco by acct and the sd Thomas Staunt by his attorney Mr John Porter saith yt of ye sd Debts by ye Plantif alleged he oweth not any part or pcell thereof and of this he desireth the Country may inquire Wherefore ye Marshall is required to cause to come here twelve true and lawfull men of the vicinage and who to neith pty are related by whom the truth of the matter may be knowne who accordingly impanelled and sworne

Rich Madren viz
Wm̄ Collins
Jonathan Bateman
Geo Mathews
Tho Garrett
John Tweger
Ralph ffletcher
Patrick Henley
John Mason
Danl Snook
James Thigpen
Richard Chester

Say upon their oath

We finde noe cause of action

Ordered that it be dismissed and that the Plantif pay all costs of Sute.

Barbary Midleton attorney of George Muschamp esqr arrested to answer Robert Moline in a plea of case and the sd Moline came and saith that ye defendt refuseth to render ye sume of forty five shill wch ye sd Muschamp is indebted to ye Plantif and the defendt by her attor. Capt. Henderson Walker saith that long after ye date of ye said acct ye sd George Muschamp accounted wth the sd Robert Moline and the sd Moline passed his bill to ye sd Muschamp for ye balance of their acct being nineteen pounds sterling by wch all former accts was outt of wch the Court haveing considered Ordered that the sd sute be dismissed and that ye Plantif pay costs.

James Thigpen arrested to answer Majr Alexander Lillington Attor of John Keedon of virginia and the sd Alexander Lillington saith that the sd Thigpen is indebted to ye sd John Keedon in the sum of two thousand pounds of tobacco by bill under his hand and seal And the sd James Thigpen by Stephen Manwaring his attorney saith ye sd sum he oweth

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not nor any parte thereof and this he desireth May be inquired of by the Country and the sd Lillington alsoe Wherefore the Marshall is required that he cause to come here twelve true and lawfull men and who to neither of the partys are related by whom the truth of the matter may be found who accordingly impanelled and sworne viz

Rich Madren
Wm̄ Collins
Jona. Bateman
George Mathews
Thomas Garrett
John Tweger
Ralfe ffletcher
Patrick Henley
John Mason
Danl Snooke
Rich Chester
Nicholas Simons

Say upon their oath

Noe cause of Action

Ordered that ye sute be dismissed and that ye Plantif pay costs.

Thomas Tweddy arrested to answer Thomas White and Diana his wife in a plea of the case and upon ye sd Tweddy sicknes and ye sicknes of his ffamily it is referred till ye first day of ye next Court

Depositions taken upon oath in Court at the request of Mr Robert Wilson viz Caleb Calaway Thomas Lepper Timothy Clear Nicholas Simons Robert Beasley Dan Snooke John Stepney

Adjourned till ye 29th of this Instant.


November the 29th Forenoon

Court meet Present The Honebl Thomas Harvey esqr Dept Governr The Honebll Danl Akehurst ffrancis Tomes Benj. Lakar Maj Saml Swann Coll Thomas Pollock Lds Deputys Mr Wm̄ Duckenfield Mr Robert Wallis Assistants

ffrancis Hendrick Attorney of John Spelman acknowledgeth his assignmt of a Deed of Sale to Thomas White and ffrancis Hendrick ingageth himselfe to deliver all ye estate of John Spelman to the sd Thomas White and the sd Thomas White assumes the paymt of all John Spelmans just debts and to bear the sd ffrancis Hendrick harmless from all sutes and charges that may or shall arise for or concerning any of ye debts of the sd Spelman Tho. White acknowledged by both ptys ffrancis X Hendrick Roger Snell acknowledges his assignemt of a Patent for —— acres of to ye land Honeble Thomas Harvey esqr and Mary his wife relinquisheth her right of dower in and to ye sd Land.

Upon peticon of Capt Thomas Relfe and Wm̄ Relfe Ordered that the above said Thomas and Wm̄ Relfe in behalfe of the Orphans of ye decd have administracon of the goods and chattells of Eliz Roads decd they

-------------------- page 435 --------------------
being nearest of kin. And that Austin Scarbrough Wm̄ Temple Thomas Cartwright and Richard Madren or any three of them being sworne before Mr Robert Wallis or John Jenings apprise ye sd estate

Ordered that Wm̄ Bournsby pay unto Thomas Pendleton as an evidences agst Patrick Henley for one days attendance and one day coming and one day goeing ye sume of five shills ten pence.

Upon petic̄on of Wm̄ Turner Ordered that ye sd Turner have a patent for his land surveyed by Mr Wm̄ Duckenfield according to ye sd survey Dan1 Halsey proveth his right to one hundred acres of land by the importac̄on of himselfe and Mary his wife

Adam Gambell's Will proved by the Evidence Ordered that Thomas Symons Jeremiah Symons Wm̄ Jackson Senr and Henry White or any three of them being sworne befor Mr John West shall apprise ye estate of ye sd Gambell.

Capt Henderson Walker in behalfe of Tho. Hawkins assumes upon himselfe to pay unto Mr John Wright the debt expressed in the condic̄on of Hawkins bond upon wch at this court Judgmt hath passed agst ye said Henderson Walker except wt can be made appear to be alreddy paid by Receipt from ye sd Wright sins ye date of the Bond in currt money in Virginia at or before ye last of July next at ye dwelling house of ye sd John Wright and to pay ye costs of this sute to ye clerks and Marshall and amercemt.

Capt Walker wthdraws his Injunction and is by the sd Wrigh discharged from the sd order

Dan1 Halsey proveth his right to one hundred acres of land by ye importac̄on of John Aires and Rich. Wakefield

Adjourned till ye 30th Instant seven of clock

WILLm̄ DUCKENFIELD
BENJAMIN LAKAR
THOMAS HARVEY
SAMUEL SWANN
ROBERT WALLIS
THOMAS POLLOCK
DANIEL AKEHURST
FFRANCIS TOMES

Records of Court of Chancery

1694 At ye Court of Chancery holden for this Govermt ye 29th day of November

Mr Robert Wilson by his peticon sheweth that Stephen Manwaring had sureptitious obtained a writ of super sidias from ye Right Honebl ye Governor and Counsell to stop the proceedings of an execution issued against him the sd Stephen Manwaring upon a verdict of a jury found

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against him in an action of ejectmt brought by the sd Manwaring against the sd Robert Wilson and it manifestly appearing to ye Court that the cause pretended by sd Manwaring whereupon the supersidias was granted was for and because ye execution was in the name of the sd Wilson whereas ye Originall proces was not comenced against ye sd Wilson but against Humphrey Burroughs he ye sd Burroughs being ye supposed ejector. But it now appearing to the Court as well by ye Record as by evidence yt ye sd Manwaring had voluntarily assented in Court to ye leaving out of the suppotitious names and to the prosecution of the sute in the true names of Manwaring against Wilson wch was the the true cause of the changing of the names and that ye cause alleged for the obetaining ye sd supersidias was altogether false and misrepresented

Ordered Decreed that the sd supersd be null and void and it is hereby made null and void and ye sd Wilson is left to his remidy at law as if the sd supersd had never been granted and ye sd Manwaring to pay costs of this order

James Mills proves his right to eight hundd and fifty acres of land by the Importacon of James Mills, Edw Conquest, Geo Sutton and his wife Nathan1 Sutton, Joseph Sutton, Mary Gosby Eliz Sutton, Wm̄ Hague, Nathaniell Marker, one Negr servt, James Hunds Jno Pinck and his wife Jane Garrett, Jno Overton Joseph Pitts.

Sarah Johnson sumoned to answer ye complaint of Jno Hopkins and the sd Hopkins by his his Petic̄on shew that ye sd Sarah Johnson in the pretended right of her son Lawrence Gonsolvo hath unlawfull and clandestinely surveyed a tract of land in ye prect of Pequimons on a creek called the Indian Creek by wch survey she hath included ye sd Hopkins plantac̄on and a great part of ye sd Hopkins land intending thereby ye sd Hopkins of his just right to dese. . and altogether to deprive and he humbly prayeth that all process made in the premises for and towards the confirming or strengthening of ye sd Gousolvos title in and to the sd land may be reversed and made null and that the sd Hopkins may have an order for the survey of his land and plantac̄on according to his just claime possession and title. And the sd Sarah Johnson came not.

Decreed yt ye surveyr lay out for the sd Hopkins three hundred acres of land begining at a branch near the sd Hopkins his house and goe for breadth up the Creeke and that all proceedings by the sd Johnson made in the premises to the wrong or prjudice of ye sd Hopkins just title in and to the sd land be made hereby null and void

A Letter of Attorney from Rich. Bentley to Capt. Henderson Walker proved by the oath of Majr Alexander Lillington

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Cornelius Lerry subpeened to answer the plaint of Rich. Bentley and ye sd Bentley by his attorney saith that at ye Genll Court holden in September last ye sd Lerry vexatiously brought agst him an action at common Law for a great sum although when ye issue whereof was tryed by the Country it was found but eight shills and four pence wch sd sum by the Laws of this Govermt is not actionable he craves to be discharged from the unnecessary charges of the sd sute. And it appearing that ye charges brought in to rayse ye sd Lerrys acct was for necessary apparll due from ye sd Cornelius Lerry to the sd Bentley

Decreed that the sd Rich Bentley be discharged from the charges of the sd sute and that the sd Cornelius Lerry pay the sd costs as alsoe the costs of this sute.

Robert Beasley sumoned to answer the plaint of Stephen Manwaring and ye sd Manwaring by Capt Walker his attorney humbly craveth that ye sd Beasley may answer upon Oath to ye profe of an assumption of the sawing of five thousand five hundred foot of Planke for the use of the sd Manwaring and ye sd Beasley upon his subscription on penalty of perjury saith that true it is that ye sd Beasley did agree to helpe to saw ye Planke for his the sd Beasleys own house but as to ye sawing of planke for the use of ye sd Manwaring he absolutely denys that ever any such agreemt was made between them Wherefor

Decreed that the plaint be dismissed and yt ye sd Manwaring pay costs

The action between Wm̄ Bournsby and Patrick Henley upon certificate of Bournsby's sickness referred to ye next Court of Chancery by consent.

The action between Wm̄ Bournsby and John Mason upon certificate of Bournsbys sickness is referred to the next Court of Chancery by consent.

DANIEL AKEHURST
THOMASS POLLOCK
THOMAS HARVEY
BENJAMIN LAKAR

Ordered that ye Honebl Danl Akehurst esqr be requested and hereby impowered to take acct of wt Goods belonging to Mr Robison and Mr Duncombe Bermuda Merchants are in ye custody of Mr John Philpott and make delivery thereof to them ye sd Robison and Duncombe

THOMAS HARVEY
BENJAMIN LAKAR
FFRANCIS TOMES
THOMAS POLLOCK

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November ye 30th

The court meet psnt The Honrbl Thomas Harvey esqr Depty. Governr The Honrbl Danl Akehurst ffrancis Tomes Benjamin Lakar Majr Saml Swann Coll Thomas Pollock esqr Lds Deptys Mr Robert Wallis assistant Mr Wm Duckenfield assist

Mr Stephen Manwaring craves a writt of alegit against ye estate of the Wm̄ Chapman upon a returne of a Capias ad satisfaciendum obtained at the sute of the sd Manwaring for the sume of                 and non est inventus returned

Ordered that a writt of alegit be directed to ye Marshall agst. ye Goods and Chattells of ye sd Chapman and one halfe of all his lands and tenmts wherever to be in this Govermt found for the paymt of the sd debt

The Court haveing considered that noe rule hath hitherto been made or laid downe for the ascertaining of ye composition to be made for such lands as shall escheat to their Lordships ye Court hath thought fitt that composition shall be two pence ye acre as at prsent it is in Virginia and that the escheators fee be five pound and ye jury as by law in other cases is appointed until their Lordships shall signifyed their pleasure to the contrary.

Ordered the ye Attorney Genlls fee be fifty shills for every Indictmt

Ordered that a bond brought into Court by Coll Thomas Pollock made from John Goddard to Mr John Boarland in New England being proved by ye Oaths of Sam Woodard and Arthure Workeman sworne before Capt. John Hunt be Recorded

WILLm̄ DUCKENFIELD
ROBERT WALLIS
THOMAS POLLOCK
SAMUEL SWANN
THOMAS HARVEY
DANIEL AKEHURST
FFRANCIS TOMES
BENJAMIN LAKAR