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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
October 26, 1703 - October 29, 1703
Volume 01, Pages 591-596


Att a General Court Holden att the House of Captn John Hecklefield in Little River Octobr ye 26th 1703

Prsent
The Honble Wm Glover Esqr
The Honble John Porter Esqr
The Honble Christopher Gale Esqr
The Honble Thomas Symonds Esqr
The Honble John Blunt Esqr
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The Courts Commission being published and the members having taken the usual oath for the due discharging the office of Justices the Court Satt prsent ut Supra

The Honble Court adjourned till to Morrow Morning 7 Clock

According on Wednesday Morning the Court meets prsent ut Supra except Mr Glover

Collnll Henry Baker by the Honble Major Samuel Swann his attorney comes to prosecute Suite agt Wm Early Deft in a plea of the case & declares that the Deft stands Justly indebted to the plt in the full & Just Sum̄e of 24—17—4½ and for plea the Deft Sayth he is not indebted in the aforesaid Sume and objects agt certaine of the Articles Exhibited in Court and itt appearing to the Honble Court that the reall Sume of 20£—13s—9¼ is due from the Deft to the plt the Deft Confesses Judgmt for the Same

Ordered that the Deft pay to the plt the aforesd Sume of 20£—13s—9¼d with Cost of Suite als Execuc̄on

The Marshall being required to arrest the body of Joell Martin to answer the complt of Thomas Platt and the Deft came not and the Marshall not bringing the body of the Deft

Ordered that Judgmt be confirmed agt the Marshall for the Sume of 4£ according to the plts Declarac̄ons with Costs

Willm Reed comes to prosecute his acc̄on agt Benjamin —— Deft in A plea of —— Sit & Declares That the Deft Stands indebted to the plt in the Sume of £4—s17—d6 by his —— And for Plea the Deft by Arartion Parker his Attorney (his power being allowed on by the plt) putts the plt to the proofe of his Declarac̄on and putts himselfe upon the Country And the plt likewise And the Marshall is Comanded to cause to come &c to whom &c By whom &c And there came Mr Thomas Norcomb Mr Henry Pendleton Mr George Kinsey Mr Willm Turner Mr Roger Middleton Mr Thomas Tweedy Mr John Flowers Mr Wm Lacy Mr Richd Chester Mr Willm White Mr Robert Palmer & Mr John Evans who Impanelled & Sworn Say wee find for the plt one pound seventeen Shilling & Eleven pence with Costs

Orderd that the Deft pay to the plt the Sume of one pound Seventeen Shilling & Eleven pence with Costs als Execuc̄on

Upon Peticon of John Evans

Orderd that the matter be referrd for a small time

Samuel Payne acknowledges a Deed of Sale to Mr Thomas Boyd in behalfe of Joseph Cook

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The Marshall was required to arrest the body of Bryan Fitzpatrick to answer the Complt of Nicholas Semons in a plea of the Case And the plt came not

Orderd that the acc̄on be dismist & the plt pay Costs

The Marshall was Comanded to arrest the body of Jeremiah Goodridge to answer the Complt of Walter Craddock in a Plea of the Case & the plt came not.

Orderd that the acc̄on be dismist & the plt pay Costs

Captn John Hecklefield Comes to prosecute his Suite agt Captn Richd Sanderson in a Plea of the Case for that the Deft stands Justly indebted to the plt in the Sum̄e of Tenne Pounds and for plea the Deft putts the plt to the proofe of his Declaracon But afterwards praying a Reference to the next Generall Court alledging to make the matter appear more Clear

Orderd that a Reference be granted to the Deft to the next Generall Court

David Blake acknowledges a Deed of Sale of a Tract of Land to Anne Durant Widow

A Letter of Attorney from John Cobb to Mr Hugh Campbell proved by the oaths of Mr Richd Plater & Mr John Hunt & ordered to be Recorded

A Letter of Attorney from Robert Sanders to James Tooke provd by the oaths of Mr Hugh Campbell & Mr John Hunt

Captn John Hecklefield comes to prosecute his suite agt Daniel Phillipps in a Plea of the Case and the Deft came not And the plt craves an Order agt The Marshall And the Marshall craving an Attachmt agt the Defts Estate

Orderd that an Attachmt be granted to the Marshall agt the Deft Estate

Captn John Hecklefield Comes to prosecute his Suite agt Wm Nicholson in a Plea of the Case and the Deft came not And the plt Craves an Order agt the Marshall And the Marshall prayes an attachmt agt the Defts Estate which is granted

Captn John Hecklefield Comes to prosecute his Suite agt Abraham Warren Administrator of Clapper et In a Plea of the Case And for plea the Deft produces an act of Assembly ao—— Barr to the acc̄on And the Honble Court being of opinion that the aforesd Plea is a Good plea in Barr to the Accon

Orderd that the plt be Nonsuite & pay Costs als Execuc̄on

John Bishopp Comes to prosecute his Suite agt Daniell Phillipps in a Plea of the Case And the Deft Came not And the plt prays and Order agt the Marshall

-------------------- page 594 --------------------

Orderd that the Provost Marshall bring forth the body of Daniel Phillipps to the next Generall Court to answer the Complt of John Bishopp als Judgmt to be Confirm'd agt the Marshall

The Provost Marshall prayes an attachmt agt the Estate of Daniell Phillipps which is granted

Jeremiah Goodridge comes to prosecute his Suite agt Mr Fredrick Jones in a plea of the Case And the Deft came not And the plt by Collnll Wm Wilkinson his attorney prays an Order agt the Marshall

Ordered that the Marshall bring forth the body of Mr Frederick Jones the next Generall Court to answer the Complt of Jeremiah Goodridge als Judgmt to be Confirmed agt the Marshall

The Provost Marshall prayes an Attachmt agt the Estate of Mr Frederick Jones which is granted

Thomas Stanton Comes to prosecute his Suite agt Caleb Brindy in an acc̄on of Trespass upon the Case for that the Deft unjustly Stopped & molested the Surveyr in a lawfull Survey of a Tract of land lying in Pascotank Justly belonging to the plt And for plea the Deft putts the plt to prove his title & putts himselfe upon the Country And the plt likewise And the Marshall is Comanded to cause to come twelve &c to whom &c who neither &c By whom &c And there came Mr Thomas Tweedy Mr Roger Middleton Mr John Flowers Mr Willm Lacy Mr Richd Chesten Mr Robert Palmer Mr John Evans Mr Wm White Mr Wm Reed Mr Garrett Purcell Mr Bryan Fitzpatrick & Mr Samuel Davis who Impannell'd & Sworn Say wee of the Jury find for the Deft

Orderd that the acc̄on be dismist & the plt pay Costs als Execuc̄on

Upon Petic̄on of Anthony Markham praying to be allowed ten pounds for his trouble & Charge in tending of Archibald Burnett in his Sicknesse.

Orderd that Mr Thomas Boyd Executr of that Sd Burnett of last will & testamt pay the Sume of eight pounds to the peticonr als Execuc̄on

The Jurors for our Sovereigne Lady ye Quee Do prsent that Tho Dewham Gent of ye County of Bath have not ye feare of God before his Eyes but being Led away by ye Instigation of ye Devill Did feloniously and of mallice prepess'd att Severall times with Severall Weapons But more particularly to Witt on or about ye tenth day of September Last past in ye County of Bath aforesd agst the Peace of our Late Sovereigne Lord ye King Did with force & Arms Assault ye Body of Wm Hudson then being in ye Peace of God and our sd Lord ye King and him ye sd Wm Hudson Did then & there with a certain WEapon Comonly Called or Known by ye name of Catt of Nine tayles ffeloniously & Maliciously Strike beat wound & Kill that the aforesd Wm Hudson Afterwards to witt on or abount the 20th Day of Sept Last past in ye County of Bath aforesd

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then & there by reason of the aforsd Mortall Strokes & Wounds Did Depart this Life agst ye Peace &c

Who being Arreigned Pleads not Guilty

And Casts himself upon God & ye Country & Rich Plater Esqr Attorney Genll Likewise And the Marshall is Comanded that he cause to come twelve good and Lawfull men of ye vicinage and who &c By whome &c And there came Mr ffra ffoster Benj Tull Saml Paine Wm Armor Denniss McLendon James Oats Jenkin Williams ffra Beasley Abraham Warren Jno West Wm Gascins Jno Bird and being sworn upon ye Holy Evangelist to give true Verdict in ye premises Upon ye Holy Evangelist say

Wee find him guilty of Man Slaughter

And ye sd Dearham humbly prays that Sentens may be suspended till to morro

And then ye Court adjourns till to morro morning 8 a Clock

Fryday morning 8 a Clock Court meets prsent ut supra August ye first

A Conveyance of a tract of Land & Plantation was acknowledged by John Huffton to Mr Jno Parriss Jno Bayly and Elinor his wife acknowledges a Conveyance of a tract of Land & plantatn to John Huffton

A Lettr of Attor from Rebeca Bard Wife of Jno Bard to Nath Chevin was proved per ye oath of Mr John Wheatley

A Conveyance of a tract of Land & plantation in Pequimons Precinct was Acknowledged by Jno Bird & Nath Chevin and Rebecca Bird Unto Mr Tho Harvey

Upon petic̄on of Wm Reed Preying that a tract of Land formerly in ye occupation of Capt Jno Gibbs and —— may be granted to ye Petitionr and prays that yt ye Labour thereon may be Apraisd

Ordered that it be granted to ye Petic̄onr and that —— Baily James Cary and Edw Jelfe Apraise ye Labour or any two of them

A Deed of Conveyance & Release was Acknowledged by —— Duckenfield Esqr to Mr John Ardrene

Upon ye Petic̄on of Eliz Stewart

Ordered that Mr Wm Boyce pay to ye Petic̄onr the sume of Eight shills & four pence for her travell & Attendance at Court

Thomas Dewham haveing yesterday been Convicted of Manslaughter & sav'd by his Book and Sentens Suspended—

Ordered that the sd Thomas Dewham be Burnt in Brawne of ye Left thumb with a hott Iron haveing—ye Letter M and pay all Costs that Doth acrue

And upon ye Humble Petition of ye sd Tho Dewham—Court in Clemency Doth Reprieve ye said Sentence untill—Majesties Pleasure therein be further known

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Upon Petition of Wm Reed and James Cary

Ordered that Edward Berry pay to Each of ye Petitioners theire travell & attendance nine Shills & two pence

SAMUEL SWANN
W. GLOVER
THOMAS SYMONDS
RICHARD PLATER