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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina
North Carolina. General Court
July 27, 1703 - July 30, 1703
Volume 01, Pages 588-591

-------------------- page 588 --------------------


North Carolina—ss
Att a Genll Court Holden att ye house of Capt Jno Hecklefield in Little River the 27th Day of July 1703

prsent
The Honebl Mjr Saml Swann Esqr Justice.
William Glover Esqr Justice.
Thomas Symonds Esqr Justice.
Jno Hawkins Esqr Justice.
Richd Plater Esqr Justice.

The Court being Proclaimed do adjourn till to morrow Morning 9 a Clock

Wednesday morning 9 a clock Court meets Prsent Ut Supra Majr Swann absent

The Marshall being Comanded to arest ye body of Henry Slade att ye sute of Mr Jno Porter attor of James Jones and ye Plaintiff Came not to Prosecute

Ordered that the action be Dismist & ye Plaintiff pay Costs

Jno Bird comes to prosecute his sute agst Wm̄ Reed in a plea of Debt for 17: 00: 00 and ye Defendt Comes and prays Oyer of ye Bill which being had he pleads acco in Bar which being allowed there is found to be due to ye plt 12: 3: 6

Ordered that Wm̄ Reed pay to Mr Jno Bird ye sum of 12: 3: 6 with Costs of sute alias Execun

Mathew Winn acknowledges a Conveyance to Robt Morgan

The Grand Jury Sworn Mr Jno Bird Mr Dennis Maclendon David Prichard Tho Lewis Wm̄ Winberry Rowland Buckley Saml Prichard James Prichard Rich Mardren Rich Stump Thomas Pendleton Phill Jackson Daniell Rice James Hewes Rich Jesper

Matthew Winn comes by Coll Wm̄ Wilkison & Mr Thomas Snoden his Attorneys to prosecute his sute agst John Jenins in a Plea of Defamation for these words you are a perjured Rogue you are a Hogstealing Rogue and Ile prove it And ye Defendt comes and pleads Justification and brings forward Evidence to prove it And ye plaintiff by Coll Wm̄ Wilkison his attor says that a person cannot be perjured in—over—Except in a Court of Record and thereupon Casts himself upon ye Country And ye Defendt Likewise and ye Marshall is Comanded to cause to come 12 &c &c who &c By whom &c

And there came Cornel Jones Jno Relfe Jno Winberry —— Mercer Jno Jones Jno Wilson by Jno Dicks James ffoster Simon Crumsall Wm Lufman Jno Scarborou Wm Reed

who impaneld & sworn say we find for ye plaintiff two pound ten shill with Costs

-------------------- page 589 --------------------

Orderd that Jno Jenins pay to Mathew Winn two pound ten shills with Costs alias Executn

And the ye Court adjournd till to morrow morning 8 a Clock

Thursday Morning 8 a Clock, ye Court meets

Prsent Wm Glover Esqr Tho Simonds Jno Hawkins Richard Plater Esqr

Upon ye Petic̄on of Wm Glover Esqr assignee of Coll Robt Quarry & Company praying Judgmt agst Chris Butlers Estate Coll Wm Wilkison being prsent to whom ye Estate was bound over

Ordered that Coll Wm Wilkison pay unto Wm Glover Esqr ye sum of fifty three shillings with Costs alias Executn

Coll Wm Wilkison Attor of Mr Huggendeclin of New York comes to prosecute his sute against Mr ffra Delamare & Ann his Wife Extors of Rich Pope Dec̄ed and Declares for several goods & merchandize Recd by ye sd Pope from ye plt in New York amounting to ye sum of 144£ & ye Defendt comes by Mr Tho Boyd theire Attor and Denies ye Debt—& says ye sd Goods they never Recivd

And Coll William Wilkison produces an Acco under the hand of ye sd Huggendeclin Attested by ye Corporation & under ye seale of New York And ye Defendt Casts themselves upon ye Country & ye Plaintif moved that a Jury might be Empannelld one halfe of Mercts for ye tryall of this case And was directed by ye Court to sue out a Writt of Venire Spec—for such a Jury to ye Next Court And he refused & prayed to come to tryall. And the Marshall is required to cause to come twelve &c and who &c By Whome &c And there came Cornelious Jones Jno Relfe John Winbery Tho Mercer who being Sworn & before any other of the ffellows had taken ye oath Coll Wm Wilkison objected agst ye Jury as Insufficient and Detracted ye Court then ye Rest upon ye Panell was Likewise sworn Viz (And ye whole matter so farr as a Lay before ye Court was given them in Charge) Jno Jones Jno Willowly Jno Dick James ffoster Simon Trumbull Wm Luffman Wm Reed Daniel Phillips And upon ye Holy Evangelist say We of ye Jury find for ye Defendt with Costs of sute

Wm Rayfield proves his Rights to 200 acres of Land by Importat of Wm Rayfield Ann Patience & Wm Rafield

The Marshall was Comanded to arrest ye body of Chris Butler att ye sute of Mr Jno Porter and ye writt was Returned to ye Last Court Non Est Inventus And Now ye Marshall Returns Mortuus Est

-------------------- page 590 --------------------

Craddock vers Goodridg

Plea Case for ye Sum of fifty seaven pound fourteen shills And ye Defendt by Coll Wilkison his Attorney says yt ye Declaration he had not in Due time and therefore prays to be dismist and is Dismist

A Lettr attor from Jer Goodridg to Coll Wilkison was proved per oath of James Coles

Jeremiah Goodridg by Coll Wm Wilkison his attorney comes to prosecute his sute agst Mr ffredrick Jones Late of London in a Plea of ye Case and Mr Peter Godfrey attor of ye sd Jones Comes & says that ye Declaration in due time he had not and prays to be dismist.

Orderd that ye Action be dismist & ye Plaintiff pay Costs

Mathew Winn Comes per Coll Wm Wilkison & Mr Tho Snoden his Attorneys to prosecute his sute agst Mr Jno Jenins in a Plea of Defamati & Declares for Damage £200 And ye Defendt Comes and puts them upon proof of ye Declaration and Casts himselfe upon ye Country and ye plt Likewise and the Marshall is Comanded &c By whome &c & there came Cornel Jones Jno Relfe Jno Winbery Tho Mercer Jno Jones Jno Willowby Jno Dicks James ffoster Symon Trumbell Wm Luftman Wm Reed Dan Phillips who Empaneld & sworne on ye Holy Evangelist say we find for ye plaintiff one shill with Costs Ordered that Jno Jenins pay to ye plt 1 shilling Damage & 1 shilling Costs

ffredrick Jones & Comp Comes per Mr Peter Godfrey their Attor to prosecute their sute agst Jeremiah Goodridge in a Plea of ye Case & ye writt being Returnd Non Est Inventus ye plt prays Attachmt

Orderd he have atteachmt

Mr Tho Boyd having ateacht ye Estate of Tho Swann of Roxberry for ye sum of 22:16:0 And Mr Rich Plater Comes & relieves ye Atteachmt

Orderd that Mr Rich Plater pay to Mr Tho Boyd ye sum of two pound Sixteen Shill with Costs alias Ex

Collonel Henry Baker per the Honll Saml Swann Esqr Comes to prosecute his sute against Wm Early in a plea of ye Case for ye sum of £24:17:4 And ye Defendt Comes & pray a Refferr and by Joynt Consent it is Refferrd

Ralph Chapman per Mr Thos Snoden his attor Comes to prosecute his sute agst Wm Powell in a Plea of Detinue & ye Defendt Came not and ye plaintiff prays Judgmt against ye Marshall

Orderd that ye Marshall have ye body of Wm Powell att ye next Genll Court ye Last Tuesday in October alias Judgmt to be Confirmd agst ye Marshall

The Marshall was Comanded to arrest ye body of Wm ffrayly att the sute of Gabriel Nuby and Nuby came not to prosecute

-------------------- page 591 --------------------

Orderd that ye action be dismist & ye Plt pay Costs alias Exe

Tho Platt came to prosecute his sute agst Joel Martin in a plea of ye Case for Breach of Covenant and ye Defendt Came not

Ord that ye Marshall have ye body of Joel Martin at ye next Court ye Last Tuesday in Octo alias Judgmt to be Confirmed agst the Marshall Richard Houghton by Tho Snoden his attor Comes to prosecute his sute agst Henry Norman for severall things ye Consideration of an Indenture between them and ye Deft Comes & prays Oyer of ye Indenture and that it may be provd wch was done

Orderd that Henry Norman pay to ye plaintiff one New Coat & Briches serviceable & good one Handsaw one Drawing Knife one Round Shave one —— which shall be servicable to be delivered Imediatly with Cost alias Execut

The Court Adjourned till to-morrow morning 9 a Clock

Friday morning 9 Clock Court Meets Psent ut Supra on ye Pettition of Margt Macbride

Orderd that Math Winn pay to ye peticonr for her travel & attendance Nineteen Shill & two pence wth Costs alias Exe

Isaac Gilford & Jos Gilford being bound over to this Court makes theire apeareance & pray to be discharged

And they are dismist paying costs

Upon motion of Mr Tho Snoden.

Orderd that a will of Rich Stiballs shall be Recorded

Wm̄ Reed came to prosecute his sute agst Benj Tull Plea of Case and Defend came not Orderd that ye Marshall have ye body of Benj Tull att ye next Court the Last Tuesday in October next alias Judgmt to pass agst the Marshall

Tho Stanton vers Caleb Bundy Plea Case by agreemt Refferrd to Next Court ye last Tuesday in October

W GLOVER
THOMAS SYMONS
RICHARD PLATER
JNo HAWKINS.