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Minutes of the General Court of North Carolina, including Chancery Court minutes and related depositions
North Carolina. General Court
February 25, 1695 - March 01, 1695
Volume 01, Pages 442-457

AT Ye GENell COURT HOLDEN AT Ye HOUSE OF THOMAS WHITE Ye 25th DAY OF FFEBRUARY Ano Dni 1694[5]

Presnt ye Honble Thomas Harvey esqr Depty Govnr The Honble Danl Akehurst esqr Benjamin Lakar esqr ffrancis Tomes esqr Coll Thomas Pollock Lds Deputys Capt Anthony Dawson assistant And Saml Swann esqr Ld Deputy

John Wilson acknowledgeth his assignmt of a warrant of Rights to Wm̄ Duckenfield esqr and Margret his wife relinquisheth her right of Dower

Anne Ward peticons for administracon of ye Goods and Chattells of ffrancis Ward her decd husband

Orderd yt Comission of administrac̄on of ye Goods and Chattells of ffrancis Ward decd be granted to Anne Ward Wid & relct of ye sd ffrancis

-------------------- page 443 --------------------
Ward Shee giving security according to law: and Wm̄ Bray and Jno Dan acknowledge and Ingage in behalf of ye sd An Ward to be security for the true administracon of ye sd estate.

And Henry Palin Jno Ward Jno Gilford and Cornelius Lerry or any three of ym are appointed apprisers of ye sd estate and Mr Wm̄ Collings or Mr Jno Hawkins to administer to ye sd Apprisers their oath for their true apprisement and ye Inventory to be returned to ye next Genell Court

Wm̄ Duckenfield esqr acknowledgeth his letter of Attorney to Jno Northcoate. Ordered yt ye same be recorded.

Letter of Attorney from Robert Kitching to ffrances his wife proved by ye Oaths of Thurloe ffee and Michael Linch

ffrances Kitching wife and Attorney of Robert Kitching confesseth Judgmt to ffrancis Tomes esqr Attorney of Emanuel Low and Anne his wife for ye sume of five pounds and three pence

Ordered yt ye sd Robert Kitching pay unto ye sd ffrancis Tomes Attorney of Emanuel Low and Anne his wife ye sum of five pounds and three pence according to specialty als Execution

A Will of Jonathan Bateman proved by ye evidence And ordered to be recorded

And Elizabeth Bateman Widdow and Relt of ye sd Jonathan Bateman declining her legacy given in the sd Will and craving to have her thirds of her deceased husbands estatate. Ordered yt the said Elizabeth Bateman have her thirds of her sd husbands estate and ye remain to be divided among ye rest of the Legatees and that administrac̄on wth ye Will anexed to be granted to ye Executor appointed in ye sd Will and yt Jno Whitby Tho. Durant ffrancis ffoster and Mr Joseph Sutton or any three of ym apprise ye sd estate and that Mr Jno Durant or Mr Ralfe fflecher administer to ye sd apprisors their Oathes and acct of ye sd estate to be given to ye next Genell Court And Jno. Lilly and Thomas Hassold have undertaken for ye sd Executor for the true performance herof

Jacob Overman proves his right to four hundred acres of land by ye importac̄on of Jacob Overman Dorathy Overman Jacob Overman junr Tho Overman Ephrim Overman Margery Overman Charles Overman and Anne Overman & Wart Given

Thurloe ffee sumoned to render acct of what estate of or belonging to Jno Toomy was in his custody it being attached at ye sute of Thomas White and Diana his wife and ye sd Thurloe ffee came and upon ye holy Evangelists sath that at ye time of the serving of the sd attachmt there was in his hands or custody noe estate of or belonging to ye said Jno Toomy

-------------------- page 444 --------------------

Ordered yt ye sute be dismissed and yt ye sd Thomas White and Diana his wife pay costs of sute.

Robert Kitching arrested to answer ye sute of Thomas White and Diana his wife in a plea of ye case and ye sd Thomas White came and saith yt ye sd Robert Kitching is Indebted to ye plaintifs by acct contracted wth ye sd Diana whilest shee was sole the sume of forty five shillings and nine pence half peny. And ffrances wife and Attorney of ye sd Robert Kitching came and confesseth Judgemt for ye sd sume

Ordered yt ye said Robert Kitching pay unto ye sd Thomas White and Diana his wife ye sume of forty five shillings and nine pence wth costs als Execu.

Robert Kitching and ffrances his wife Executors in their owne wrong of ye estate of Jno Spencer decd arrested to answer ye plaint of Thomas White and Diana his wife in a plea of ye case and ye said Thomas White came and saith yt ye said Jno Spencer is indebted to ye plaintif by acct contracted wth ye said Diana whilest she was sole ye sume sixty three shillings and one peny And ffrances Kitching one of ye defendts came and produceth in Crt an acct agst Jno Harris Copartner wth the sd Diana in Ballance of ye sd Acct

Ordered that ye sute be dismissed with costs of sute

Isaac Gilford by his petic̄on sheweth yt Jno Philpott was Justly indebted unto ye Petic̄oner by agreemt for service done by ye said Gilford the of forty shillings

Ordered yt Isaac Gilford have one cow and calfe and one yeearling delivered to him by the Provost Marshall or whom he shall appoint out of the estate of ye sd Philpott for satisfaction of ye debt of forty shillings aforesaid

The Court adjourned till Tuisday ye 26th of this Instant ffeb.


ffeb ye 26

The Court meet Presnt The Honebl Thomas Harvey esqr Depty Governr ye Honebl Danl Akehurst esqr Benj LaKar esqr ffrancis Tomes esqr Majr Saml Swann Col Tho. Pollock Ld Deputys Capt Antony Dawson Assitant

Upon petic̄on of Mary Philpot craving that some Apparel that are in ye Custody of ye Marshall should be delivered to her

Ordered that the Marshall deliver to Mary Philpott wt Apparel belonging to her are in his custody and her choice of three sows wth piggs altering ye marks

-------------------- page 445 --------------------

Upon petic̄on of Jno Robison Mercht praying to be discharged from and Administrac̄on comitted to him of ye estate of Jno Philpott decd and he renders his acct soe far as he hath administered Whereby he is Indebted to ye estate of ye sd Jno Philpott ye sume of seven shillings and six pence ye said Jno Robison being a Mercht stranger and necessitated to depart out of ye province And ye Honeble Danl Akehurst esqr Attorney of Nathaniel Dunscom in behalfe of ye sd Dunscom prayeth administrac̄on of estate of ye sd Jno Philpot not administered upon as being ye greatest creditor to the said estate And assumeth in behalfe of ye said Nathanl Dunscom to answer all actions comences agst ye sd Jno Robison as administrator to ye sd estate and all other claimes so far as ye said Robison was obliged to doe. Ordered yt ye administrac̄on of ye Estate of Jno Philpot decd not administred upon be committed to ye sd Nathaniel Dunscom and ye said Danl Akehurst undertakes in behalfe of ye said Nathanl Dunscom for ye true performance thereof.

Jno Toomy arrested to answer ye plaint of Robert Moline in a plea of ye case and ye said Robert Moline came and saith that Wheras Thomas King was justly Indebted to ye Plaintif ye sume of ten pounds by Bill acct ye said Jno Toomy of ye premises not ignorant but wth Intent ye Plaintif to defraud clandestinly hath conveyed ye sd King out of this County that he ye said King is escaped and gone to places to ye plaintif unknowne whereby he is deprived of all just means of recovering his sd debt and is Damnified ye sum of fifteen pounds. And ye sd Jno Toomy came and by his Attorney Mr Richard Plater defendeth ye Injury and saith that he ye said Jno Toomy hath not conveyed out of this County as ye plaintif hath aleged and of this he casteth himself upon the Country and ye said Moline like wise Wherefore ye Marshall is required yt he cause to come here twelve true and lawfull men of ye vicinage and who to neither of the parties are any ways related by whom the truth of the matter may be tryed who Impanelled and sworne viz.

Thomas Miller foreman
John Lilly
Thomas Nichols,
Arthure Carleton
Christopher Butler
Jacob Overman
ffrancis Hendrick,
Wm Bray,
Jno Wilson, Wm Collings Jno Dan
Thurloe ffee.
Evidence for ye plantife
Thurloe ffee & Wm. Collings
Charle Neal

Mr Rich Plater Attor: for defendt

Say upon their oath We finde noe cause of Action.

Ordered yt ye sute be dismissed and yt ye said Robert Moline pay costs of sute als Execution.

Richard Pope arrested to answer ye sute of Lawrence Mageo and Mary his wife Guardians of Wm̄ Battle son and heir of John Battle decd in a plea of trespas of ye case And ye Plantf by their Attorn Mr

-------------------- page 446 --------------------
Andrew Ros saith yt ye sd Richard Pope in or about ye year 1691 into one plantac̄on and two hundred and twenty seven acres of land to ye said Wm Battle belonging lying and being in Pascotanck prct in Newbegun Creeke unlawfully hath entered and the said Wm Battle hath desseized and many Injurys thereon hath done and still doth Comit to ye damage of ye sd Wm Battle one hundred pounds And ye said Rich Pope by Mr Jno Porter his Attorney Defends ye Injury and saith yt ye said land is not ye land of ye said Wm̄ Battle as ye Plaintfs have aleged and in this he casteth himselfe upon ye Country and ye Plaintifs likewise. Wherefore ye Marshall is required to cause to come here twelve true and lawfull men of ye vicinage and who to neither party are related by whom ye truth of ye matter may be known who Impanelled and sworne. viz

Mr Caleb Calloway
Jno Mason
Mr Jno Godfrey,
Hanaball Haskins
Jno Halford.
Tho. Durant,
Wm Gaskin
Esaw Albertson
Rober Moline
Wm̄ Mansell
Jno Willoughby
Tho Miller
Evidence for plaintf
Jno Lilly

Say upon their oath we finde for ye Plaintif the lands he declares for wth cost of sute.

And ye said Richard Pope craves yt all further Proceedings at Comon Law be stayed untill a full hearing thereof be had in ye Honebl Court of Chancery

Ordered yt ye proceedings in ye said action be stoped as afforesaid ye sd Richard Pope giving security to prosecute his appeal Et retraxit.

Willm Steel arrested to answer ye Plaint of Thomas White and Diana his wife in a plea of ye case. And ye said Thomas White came and saith that ye said Wm̄ Steel is Indebted to ye Plaintf by acct contracted wth ye sd Diana whilest she was sole ye sume of four pounds fifteen shillings and ten pence And ye said Wm Steel came not

Ordered yt ye Marshall have here ye Body of ye sd Wm Steel ye first day of the next Genell Court to answer ye Premises. als Judgemt to be confirmed agst. ye Marshall.

Nathanl Lawson arrested to answer ye sute of Thomas White and Diana his wife in a plea of the case and ye said White came and saith that the said Nathaniel Lawson is by acct contracted wth ye sd Diana whilest shee was sole is indebted to the Plaintif ye sume of three pounds seventeen shillings and nine pence. And ye sd Lawson came and saith that since ye date of ye sd acct he ye sd Nathaniel Lawson accounted wth Jno Harris Copartner wth ye sd Diana one of ye Plaintifs and passed his bill to the sd Jno Harris for ye true ballance of their acct And ye Bill being produced by wch it appeareth yt ye said bill beareth date after ye sd

-------------------- page 447 --------------------
acct Ordered yt the sute be dismissed and yt ye said Thomas White and Diana his wife pay costs of sute.

Upon ye Petic̄on of Elizabeth ye wife of Wm̄ Bartlif Robert Molin and Prudence Hallum sworne Evidences for ye sd Wm Bartlif in his complaint vers James Mills. Whereby Itt appeareth that ye said Mills had made an agreemt wth ye sd Wm̄ Bartlife for ye sd Bartlif's freedom

Ordered yt ye sd Wm Bartlif be free from all service to ye sd James Mills and yt ye said James Mills be left to his remidy at law agst ye said Wm̄ Bartlif for ye performance of ye said agreemt

Upon ye Peticon of Jonathan Bateman administrator wth ye will anexed of ye Goods and chattells of Jonathan Bateman decd praying to have ye keyes belonging to ye sd Estate delivered to him

Ordered yt Elizabeth Wid and relict of the said Jonathan Bateman decd deliver to Jonathan Bateman in ye capacity aforesd whatsoever to him belongeth as administrator wth ye will anexed of his sd decd father's estate.

Patrick Henley and Sarah his wife Executrix of ye last Will and testamt of Jno Culpeper decd arestd to answer Mr Rich. Plater Attorney of Col Saml Shrimpton of New England in a plea of Debt. And ye said Rich Plater came and saith yt ye defendts are justly indebted to ye Plaintf qualifyed as is aforesd ye sum of seventy three pounds fifteen shillings and three pence by Bill and ye sd Pa. Henley came and defends ye sute and craves Over of ye said Bill wch being read specifying ye said sum̄ haveing a seal annexed and signed wth ye name of Jno Culpeper Dated ye 24th day of Septimber Ano Dni 1678 the sd Patr. Henley pleads Non est factum and casteth himselfe upon the Country and ye sd Plater alsoe Wherefore ye Marshall is comanded to cause to come twelve true and lawfull men of ye vicinage and who to neither of ye partys are related who Impanelled and sworne viz

Mr Tho Miller fforeman
Jno Lilly
Tho. Nichols,
Arthure Carleton
Christopher Butler
Jacob Overman,
ffrancis Hendrick,
Wm̄ Bray,
Thurloe ffee, Wm̄ Collings
John Dan
Jno Wilson

Say upon their oath We of ye Jury finde noe cause of Action

Ordered yt ye sute be dismissed and yt ye sd Richard Plater pay costs of sute als Execution

Mr Nicholas Crisp prayeth yt ye administrac̄on of ye Goods and Chattells of Robert Jones decd may be comitted to him as greatest creditor to ye sd estate Noe one appearing in behalfe of ye sd Robert Jones

-------------------- page 448 --------------------

Ordered yt ye administrac̄on of ye Goods and Chattells of Robert Jones decd be comitted to Mr Nicholas Crisp, and Mr Thomas Blount & Mr Christopher Butler undertake on behalfe of ye sd Nicholas Crisp for ye Performance thereof. Jame ffarloe Lewis Williams Wm̄ Luerton Jno Ballerd or any three of them are appointed apprisers of ye sd estate to be sworne before befor Mr Thomas Luten

Charles Taylor acknowledgeth his deed of sale of one hundred thirty two acres of land lying on little river in Pequimons prct to Jacob Overman

Mary Philpot Widdow acknowledgeth her assignemt of a bill of sale of one hundred acres of land lying in ye fforke of fflemins Creek and Wm̄ Bray

Upon Petic̄on of Coll Thomas Pollock Attorney of Coll Jno Lear

Ordered yt ye sd Thomas Pollock have liberty to ship: of What porke is in his custody belonging to ye sd Coll Jno Lear as Marying ye Widdow & Exectrix of ye Honebl Seth Sothell Esqr decd

Thomas Twiddy arrested to answer ye sute of Thomas White and Diana his wife in a plea of ye case and ye sd White came to prosecute his sute And the sd Thomas Twiddy came not.

Ordered yt ye Marshall have here the Body of the said Thomas Twiddy ye first day of the next Genell Court to answer ye said Plaint als Judgemt to be confirmed agst ye Marshall

Jacob Devilliard arrested to answer ye sute of Tho: White in a plea of Debt and ye said Jacob Devilliard came not. And ye said Tho: White craves Judgemt agst ye Marshall Ordered yt ye Marshall have here ye Body the said Jacob Devilliard to answer ye Plaint of Thomas White ye first day of next Genell Court als Judgemt to be confirmed against the Marshall

Upon ye Petic̄on of Honell Thomas Harvey esqr Orderd yt Wm̄ ye son of Timothy Pead late of the County of Albemarle Decd being left destitute be bound unto ye sd Thomas Harvey esqr and Sarah his wife untill he be at ye age of twenty one years and the said Thomas Harvey to teach him to read

The Court adjourned till ye Morrow morning seven of ye Clock


ffebruary ye 27

The Court Meet and Present The Honerble Thomas Harvey Esqr dep Governr Honebl Danl Akehurst, Benjamin Lakar ffrancis Tomes Majr Saml Swann Coll Tho. Pollock Esqr Lds Deputys Capt Anthony Dawson Assistant

-------------------- page 449 --------------------

Upon Petic̄on of Thomas Twiddy Ordered that Administrac̄on of yo Goods and Chattells of Thomas Wingod decd be comitted to ye said Thomas Twiddy And Jno Northcoat Wm̄ Godfrey ffrancis Penrice Albert Albertson junr are appointed apprisers of ye sd estate to be sworne before Mr Jno Godfrey And Hanaball Haskins and Robert Moline undertake on behalfe of ye said Thomas Twiddy for ye true prformance thereof.

Robert Moline arrested to answer ye sute of Thomas White and Diana his wife in a plea of ye case and ye sd Thomas White cometh and saith that ye said Robert Moline is Indebted to ye Plaintif by his acct contracted wth ye said Diana Whilest shee was sole ye sum̄ of four pounds seven shillings and one penny and he produceth his account And ye said Robert Moline cometh and produceth an Account in ballance of ye acct brought against him by ye said Thomas White by wch it appeares that there is due to ye said Thomas White and Diana his wife ye sum̄ of twelve shillings And ye said Moline upon his Oath further saith that upon demand made by ye said Thomas White he the said Robert Moline tendered his acct wth paymt of ye Ballance.

Ordered yt ye sute be dismissed and yt the sd Thomas White and Diana his wife pay costs of sute alis Execution

Robert Moline arrested to answer ye sute of Thomas White and Diana his wife in a plea of ye case And ye said Thomas White came and saith that the said Robert Moline is Indebted to ye Plaintifs ye sum of thirty six shillings by bill passed to ye said Diana one of ye Plaintifs Whilst shee was sole upon ye acct of Thomas King and further saith that ye said Robert Moline did assume and Promis to pay upon ye acct of ye said Thomas King wt further acct ye said Thomas King should contract And ye said Robert Moline cometh and saith as to ye Bill for thirty six shillings he confesseth to be due to ye Plaintif and to ye assumption aforesd in behalf of the sd Thomas King the said Robert Moline saith that he hath not assumed as is aleged And ye said Thomas White saith that concerning ye assumption of ye sd acct he will noe further proceed

Ordered yt the said Robert Moline pay unto ye the said Thomas White and Diana his wife the sum of thirty six shillings in porke alias Execution.

John King arrested to answer Patrick Bayly in a plea of Debt and ye said Patrick Bayly came and saith yt ye sd John is justly Indebted to ye Plaintif ye sume of thirty pounds ten shillings and five pence in porke by bill And ye said Jno King cometh and confesseth Judgemt for the same Ordered yt the said Jno King pay unto ye sd Patrick Bayley ye sum of thirty pounds ten shills and five pence in porke alis Execution

-------------------- page 450 --------------------

Thomas White and Diana his wife brings their action agst David Blake in a plea of ye case and ye Marshall is required to arrest the said David Blake to answer ye said Plaint and ye Marshall maketh returne yt ye sd David Blake is not to be found

Ordered yt Attachment be given against ye estate of ye said David Blake and returne to be made to ye Next Genell Court.

Mr Patrick Bayley acknowledgeth his deed of sale of a tract of land unto Jno King

Richard Plater arrested to answer ye sute of Thomas White and Diana his wife in a plea of the Case and ye sd Richard Plater cometh not

Ordered yt ye Marshall have here ye Body of ye said Richard Plater ye first day of ye next Genell Court to answer ye said Plaint Alias Judgement to be confirmed agst ye Marshall

Thomas White arrested to answer ye sute of Mr Edw: Mayo in a plea of Debt and ye said Thomas White cometh and saith that noe declaration of the said action hath been delivered to him as by law is provideth and thereupon craveth a nonsute.

Ordered that ye action ffall and ye said Edw. Mayo pay costs of sute alis Execution.

Thomas White arrested to answer ye sute of Thomas Hassold in a plea of Debt and ye said Thomas White came and saith that ye declaration delivered to him by ye sd Hassold is not signed by the Plaintif nor by ye Clerk according to rule and therupon he craveth a nonsute

Ordered that ye sute ffall and yt ye said Tho. Hassold pay costs als Execution

Thomas Hassold arrested to answer ye sute of ffrancis ffoster in a plea of Debt and ye said ffrancis ffoster came not.

Ordered yt ye sute be dismissed and yt the said ffrancis ffoster pay costs of sute alis Executn

The Estate of Henry carpenter attached to answer ye plaint of John Tweggar and ye sd Jno Tweggar came not

Ordered yt ye said sute ffall and that the said Jno Tweggar pay costs of sute.

A letter of Attorney from Nathaniel Dunscom to ye Honbl Danl Akehurst esqr proved by ye oath of Mary Jenings Ord. to be recorded

A Letter of Attorney from Barbary Midleton to Patrick Henley proved by ye Oaths of Richard Pope and ye Honebl Danl Akehurst esqr

A Nancupt Will of Mrs Anne Durant proved by the oath of Jno Clapper and Elinor Moline

Ordered that a Probat of ye sd Will be granted to Thomas Durant who is appointed Executor of ye said Will

-------------------- page 451 --------------------

Ordered yt Jno Halford be appointed appriser of ye estate of Mr Geo Durant instead of Jonathan Bateman decd to be sworne befor Jno Godfrey or Wm̄ Duckenfield esqr

Wm̄ Currey proves by his oath an acct agst the estate of George Durant and appointeth Thomas Tweddy his Attorney

The Court adjourned.


March Ye Ffirst

The Court meet Presn. The Honebl Tho. Harvey esqr Dep Governr The Honebl Dan1 Akehurst Benj Lakar ffrancis Tomes Majr Sam1 Swann Col Tho: Pollock esqr Lds Deputys Capt Anthony Dawson Mr Wm̄ Duckenfield assistants

Mr Duckenfield riseth

Patrick Henley and Sarah his wife Executrix of ye last Will and testamt of Mr John Culpeper decd

Arrested to answer ye sute of Wm̄ Duckenfield and Susanah his wife Executrix of ye last Will and testamt of Coll ffrancis Heartly And ye said Wm̄ Duckenfield cometh by Hanaball Haskins his Attorney and saith yt ye said Patrick Henley and Sarah his wife is indebted to ye Plant by acct contracted by ye said Jno Culpeper in his life time wth ye sd ffrancis Heartly in his life time ye sum̄ of Eleven pounds seventeen shillings five pence half peny and ye said Patrick Henley craves Oyer of ye sd acct weh being read bearing date Ano 1689-90 ye said Henley saith that after ye date of ye said acct viz. Ano 1690-91 ye said Jno Culpeper had from ye sd ffrancis Heartly a full discharge from all former accts weh by ye said discharge produced in Court he maketh appear

Ordered yt ye sute be dismissed and yt ye said Wm̄ Duckenfield and Susanah his wife pay costs als Execution

And ye sd Patrick Henley prayeth his said discharge from ye sd ffrancis Heartley to be recorded

Jno Robison Admrs of ye Goods and chattells of Jno Philpot arrested to answer Rich Cragge in a plea of Debt and ye said Richard Cragge cometh and saith yt ye said John Philpot by bill under his hand is bound unto ye Plaint. in ye sume of four pounds ten shillings in porke weh he proves by ye Oathes of Mathew Kelly and Wm̄ Plater. And ye Honebl Dan1 Akehurst esqr attor of Nathaniel Dunscom to whom ye adintion of ye said John Philpotts estate not administered upon is comitted according to his assumption in that case made in behalfe of ye sd Dunscom appears and haveing not to say in defence

Ordered that paymt of ye sume of four pounds ten shillings in porke wth costs be made to the said Richard Cragge out of the estate of ye said Jno Philpott

-------------------- page 452 --------------------

Mr Andrew Ros Jno Stepney Tho. Lepper An: Norman Coll Wm Wilkison Capt Henderson Walker and Anthony Dawson their affidavits taken for Majr Alexander Lillington defend in an action of trespas of the case brought agst him by Mr Caleb Calaway and Mr Jno Barrows Guardians of Jno Hencock son and heir of Stephen Hencock decd

Administrac̄on of ye estate of Richard Stibell Ordered to be comitted to James Ward and Hanah his wife relict of ye sd Richard Stibell being nearest of kin

James ffisher, Wm Charleton Thomas Clarke and Wm Bretbell or any three of them being sworne before Mr Jno Porter junr are appointed to apprise the same

And Christopher Butler and Jno ffoster assume and undertake in behalf of ye sd Ward in ye sume of one hundred pounds for ye prformance

The Administrac̄on of ye estate of Timothy Pead decd ordered to be comitted to Majr Alexandr Lillington as greatest creditor who proves by his oath yt ye sd Pead oweth him by acct ye sum̄e of four pounds five shillings and ten pence halfepeny

Edw. Wilson Jno Spelman Jno Cheston and Richard Davenport or any three of them being sworne before Mr Jno Barrow to apprise the same. And Mr. Rich. Pope on behalfe of ye said Alexander Lillington undertaketh in ye penall sum of forty pounds for the true performance thereof

Mr Jno Porter junr Dan1 Akehurst Esqr & ffrancis Tomes esqr sworne to prove ye said ffrancis Tomes acct agst ye estate of Seth Sothell Esqr

Ordered yt Thomas White pay unto Esaw Albertson being evidence for White vers Bishop and Sudell ye sum̄ of five shillings and ten pence

Caleb Callaway and Jno Barrow Guardians of Jno Hencock son and heir of Stephen Hencock decd versus Majr Alexander Lillington in a plea of trespas of ye case referred to ye first day of the next Genell Court by consent of both partys.

Coll Thomas Pollock enters his petic̄on agst the estate of Thomas Hawkins Decd for ye sume of ten pounds four shillings in skins to be paid at ye Virginia rate and prayeth yt upon ye neglect of ye nearest of kin he may have administrac̄on of his estate

Patrick Henley and Sarah his wife Executrix of the last will and testamt of Jno Culpeper decd arrested to answer ye sute of Capt Jno Hunt Attorney of Anthony Brockhos of New Yorke in a plea of the case and ye sd Jno Hunt saith yt ye said Jno Culpeper hath received by order of Thomas Clancy upon ye acct of ye said Anthony Brockhos and James Larkin certain goods to ye value of forty five pounds Eighteen shills and six pence and ye said Patrick Henley saith that ye goods he hath received as is aleged and his reasonable acct thereof he is ready to

-------------------- page 453 --------------------
render but ye sd Jno Hunt haveing noe authority from ye said James Larkin to whom parte of the sd Goods did belong he cannot answer the said sute

Ordered that ye sute fall and that the said Jno Hunt pay costs of sute

Charles Jones versus Richard Atkins Executor of the last will and testamt of James Johnson returned Non est Inventus and ye said Charles Jones came not Orderd yt ye sute be dismissed wth costs of sute.

Jno Clapper by Warrt from ye Grand Councell is brought before this Court to answer a complaint Exhibited agst him for his Misbehaviour and abusive language Especially agst ye Honebl Thomas Harvey esqr Dep Governr etc of this Province etc:

Ordered yt ye sd Jno Clapper shall publickly upon his knees crave ye Honell Deputy Governors Pardon and give bond for his good abearing and appearance at ye Next Genell Court.

Coll Wm̄ Wilkison craveth that a Caveat be entered on his behalfe agst ye estate of Thomas Hawkins decd

Majr Saml Swann surveyor of this province brings his sute against Benjamin Lakar Esqr for and that ye said Benjamin Lakar refuseth to render ye sum of three pounds two shillings wch is by statute due to ye said Saml Swann from ye said Benjamin Lakar viz forty shillings for surveying of one tract of land conteining five hundred thirty eight acres and twenty two shillings for surveying four hundred acres belonging to ye said Benjamin Lakar being parte of a tract of land containing fifteen hundred acres surveyed by ye said Sam1 Swann to ye end that he might lay out to every one of ye said possessors of the said tract of fifteen hundred acres their just parts And ye said Benjamin Lakar saith upon his oath that he never heard Majr Swann nor any other person holding land wthin the said tract of fifteen hundred acres say yt ye surveyor could not lay out to every one his just parte wtbout danger of doeing Injury to some of them Except he first surveyed the whole tract

Ordered yt ye sute be dismissed and the said Saml Swann to pay costs

Upon ye Petic̄on of Wm Duckenfield esqr

Ordered yt the said Wm̄ Duckenfield have liberty to survey and have patent for a tract of land containing one hundred and eighty acres formerly belonging to John Tarkinton called Tarkintons quarter and by ye said Tarkintons conviction of felony forfeited to ye Lds Proprietors

Andrew Ros Attorney of Lawrence Mageo and Mary his wife Guarddians of Wm̄ Battle son and heir of Jno Battle acknowledgeth his deed of Sale to Rich Pope.

-------------------- page 454 --------------------

Upon complaint of Coll Thomas Pollock Attorney Coll Jno Lear. Ordered that noe person hunt or kill any unmarked Cattle in the neck of land lying upon Cuscopannock River East of ye great swamp that divides between that and the Inhabitants of South Lancaster

THOMAS HARVEY
DANIEL AKEHURST
FFRANCIS TOMES
BENJAMIN LAKAR

RECORDS OF COURT OF CHANCERY.

1694-5 At ye Court of Chancery holden at ye house of Thomas White ye 28th of ffebruary

Presnt ye Honeble Thomas Harvey esqr The Honble Danl Akehurst Esqr Benj. Lakar ffrancis Tomes Major Saml Swann Coll Thomas Pollock Lds Deputys Capt Anthony Dawson Mr Wm Duckenfield Assistants

Mr Patrick Henley sumoned to answer ye plaint of Wm̄ Bournsby and ye said Wm̄ Bournsby sheweth that Wheras ye said Patrick Henley had Recovered at Com̄on Law agst ye Complaint ye sum of ten pounds wth costs on ye acct of some Cattle of ye said Patrick Henleys aleged to be detained by ye said Wm Bournsby ye said Wm Bournsby saith yt the sd Cattle was indeed had by ye sd Henley and by him disposed of and craves that hereof ye sd Patrick Henley may be examined upon his Oath concerning the premises And ye sd Patrick Henley upon his oath saith that he had not killed or any wayes disposed of the three Kowes for wch he brought his action at Comon Law agst ye sd Wm Bournsby and upon wch the recovery of ye said ten pounds was had

Decreed yt the said Wm̄ Bournsby pay unto the said Patrick Henley ye sum̄ of ten pounds recovered at Comon Law wth all costs of sute.

Jno Mason sumoned to answer ye sute of Wm̄ Bournsby and ye sd Mason came and saith yt the said Wm̄ Bournsby brought his sute agst ye sd Jno Mason at the prcinct Court of Pacotanck for and concerning the sale of one halfe of a vessell called ye John and Sarah in wch sute ye said Wm̄ Bournsby recovered agst ye said Mason ye sum of twenty pounds from which judgemt ye sd Mason appealed to ye Genell Court holden for this Province in September last and ye said Wm̄ Bournsby to avoid the hearing of the matter in ye Genell Court by an Injunction removed ye sute unto ye Court of Chancery at wch Court ye sd Mason being come now saith that the sd Wm̄ Bournsby hath not filed his bill in Chancery intending to lett his sute fall haveing by such indirect meanes disappointed ye said Mason of his appeal to ye Genell Court

-------------------- page 455 --------------------

Decreed yt the order of ye Prect Court obtained against ye said Mason be reversed and made void and ye sute in Chancery be dismissed and ye said Wm̄ Bournsby pay all Costs.

Patrick Henley and Sarah his wife Executrix of ye last Will and testament of Jno Culpeper decd sumoned to answer ye sute of Wm̄ Duckenfield Esqr and ye said Wm̄ Duckenfield saith that there is due to him from ye defendts ye sum of five pounds seven shillings for soe much money paid by the said Wm Duckenfield unto Henry Gawler in Virginia on ye acct of ye said Jno Culpeper in his life time for wch ye sd Jnc Culpeper assumed paymt of ye said sum unto the said Wm Duckenfield And ye said Patrick Henley cometh and confesseth the same to be due as is aleged and assumeth paymt of ye same in Wheat at the next insueing crop and ye said Wm̄ Duckenfield is content to receive ye sd sum in that specie.

Decreed yt the sd Patrick Henley and Sarah his wife pay unto ye sd Wm Duckenfield the sum of five pounds and seven shillings in Wheat alis Execution.

Jno Hopkins sumoned to answer ye sute of Christopher Butler and ye said Jno Hopkins came and saith that whereas he ye said Hopkins had at ye last Genell Court obteined judgmt agst severall Goods belonging to Wm Sprag for ye satisfying of a debt due from ye said Wm̄ Sprag to ye said Jno Hopkins in wch sute Christopher Butler appearing and pretending a title to the sd Goods hath by an Injunction in Chancery stoped the proceedings and caused ye sd Hopkins be sumoned to the Court of Chancery and saith further that ye sd Christopher Butler hath not filed any bill whereto ye sd Hopkins may answer wch appearing to be soe as is aleged

Decreed yt ye sute be dismissed and that the said Christopher Butler pay costs of this sute and that ye former judgemt Given agst the said goods be confirmed

Jno Stepney sumoned to answer the sute of Christopher Butler and ye said Stepney cometh and saith that whereas ye said Jno Stepney Obtained a judgmt agst some Chattells of ye estate of Wm̄ Sprag attached at ye sute of ye said Jno Stepney for ye satisfying of a debt due to ye said Jno Stepney from the said Wm̄ Sprag as appeares upon Record in wch sute the said Christopher Butler Appearing and pretending title to ye said Chattells by an Injunction hath removed the sute into this Court of Chancery and caused ye sd Jno Stepney to be sumoned to this Court in wch ye said Christopher Butler hath field no Bill agst ye said Stepney wch appearing by record to be soe.

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Decreed that ye sute in Chancery be dismissed and yt ye said Christopher Butler pay costs and that ye former judgemt upon the attachmt be confirmed

THOMAS HARVEY
DANIEL AKEHURST
BENJAMIN LAKAR
THOMAS POLLOCK
SAMUEL SWANN

RECORD BY ORDER OF COURT
£.
S.
d
The first of ye 3 month 1682
March 17
Governor Seth Sothell is Debtr To 5 Barrls of Corne to Jno Blany by this order
to Danl Akehurst to me to pay as by their notes will appear
02
01
08
to one pr of Wool cards
00
02
06
to one pr of Trucks
00
05
00
02
09
02
In ye 6th Moneth 8th or therabouts
Wm Gosnell is Dr for 2 pr of shoes
00
08
04
to one pott of Butter about 8 gall
01
15
00
to 45 pounds of Bacon at
00
19
00
to 2 barrells of Indian Corne
00
16
08
to one bottle of Honey
00
02
00
to one Holand Handkerchif
00
02
00
04
03
00

All wch I had Governr Sothells word for to pay me after Wm̄ Gosnell was dead

I the subscriber doe declare on ye penalty of Perjury yt ye pr of woolcards and trucks were delivered to Seth Sothell as alsoe yt Mr Gosnell had what is charged to his acctt and yt I never had any part or prcell of ye same

FFRANCIS TOMES
Sworne before ye Genell Court
ye 28 of ffeb 1694
W. Glover Clrk

-------------------- page 457 --------------------

I doe testify that Seth Sothell desired me to give ffrancis Tomes an acct of wt money was due to Blany from Seth Sothell for ye ffreight of his goods from Quipoton to this place Accordingly I by a Noat ordered ffrancis Tomes to pay to Jno Blaney five barrells of corne for ye freight of his goods the wch Corne by a recept under Blanys hand I find ye said ffrancis Tomes did pay to ye truth hereof I doe subscribe ye 28th of ffeb 1694-5

DAN1 AKEHURST
Sworne in ye Genell Court feb 28 1694
W. GLOVER Clerk.

The deposition of Jno Porter Junr aged 30 yeares or thereabout Examined and Sworne saith

That sometime in or about ye moneth of November in ye year 1693 Governor Sothel and ffrancis Tomes was at the deponts fathers house in ye Prect of Chowan in North Carolina and Governor Sothell haveing brought a box of goods to this deponts fathers aforesaid wch box this depont did then understand to belong to Mrs Elizabeth Banks of London and was sent her by her brother Wm Tompson of London to her then living in Carolina by the sd Governor Sothell wch box as I understood at yt time by their discourse was opened before the delivery of ye same to Mr Tomes Mrs Eliz. Banks Attorney and some of ye Perticulars taken out as a prcel of Narrow lace wch Mr Sothell owned he had and brought some of the lace sewed to headlinnen wch he said was done by his wife and alsoe Mr Tomes demanded of Mr Sothell two Guinys wch was alsoe in ye sd Box to wch Mr Sothell replyed that he was goeing for England and that he would acct wth Mr Thompson for them wth some other things then discoursed of between them wch this depont doth not at prsent remember this being ye discourse wch at the aforesd time and place past in ye hearing of this depont between Seth Sothell & Mr ffrancis Tomes Attorney of Mrs Eliz Bancks to ye best of his memory. Witness my hand this 28th day of ffeb 1694-5

JNo PORTER Junr
Sworne before ye Genell Court
ye 28th of ffeb 1694
W. GLOVER Crk