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Colonial and State Records of North Carolina
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Minutes of the Perquimans Precinct Court
North Carolina. Precinct Court (Perquimans Precinct)
July 11, 1704
Volume 01, Pages 609-612


Pequimins—ss Att a Court held att the House of Dennis Macclendon in Pequimins River ye 11th Day of July Anno Dni 1704
prsent
The Worpll Ralph Fletcher Esqr Justice
The Worpll Francis Foster Esqr Justice
The Worpll Wm Bartlett Esqr Justice
The Worpll John Stepney Esqr Justice

Thomas Cartwright acknowledges a Tract of Land to Samll Wright & Ordered to be recorded

A power of Attorney from Richd Nowell to John Winbury provd by the Oaths of Wm Jackson & Mr Francis Foster

-------------------- page 610 --------------------

An Assignmt of A pattent from John Winbury Attorney of Richd Nowell to Wm Jackson & ordered to be recorded.

An Assignmt of a Pattent from Wm Jackson to Richd Nowell & ordered to be recorded

Wm Williams makes Oath to an Inventory of George Fletchers Estate.

A power of Attorney from Coll Wm Wilkinson to Thomas Snoden.

By a Reference from the last Court Coll Wm Wilkinson by Tho: Snoden his Attorney Comes to prosecute his Suite agt David Harris in a plea of Debt for four pounds seventeen Shillings & Six pence half pork & half Corne And the Deft Confesses Jugdgmt for the Same.

Order'd that David Harris pay unto Collll William Wilkinson the Sume of four pounds Seventeen Shillings & Six pence with Costs als Execucon.

Mr Frederick Jones by Mr Peter Godfrey his Attorney Comes to prosecute his Suite agt Thomas Horton als Houghton in a plea of Debt for two pounds Nyne Shillings & Eight pence payable in Corne or porke And the Deft produces A Coppy of the Writt & pleads it insufficient to compell him to make answer

Order'd that the acc̄on be dismist & the plt pay Costs.

Mr Frederick Jones by Mr Peter Godfrey his Attorney Comes to prosecute his Suite agt John Gray in A plea of Debt for two pounds tenne Shillings & three pence payable in Corne or porke And the Deft Comes and Confesses

Order'd that John Gray pay unto Mr Frederick Jones two pounds tenne Shillings & three pence wth Costs als Execuc̄on.

Wm Morgan comes to prosecute his Suite agt David Harris in A plea of the Case upon Defamac̄on for Scandalizing & aspersing the plt wth these words vizt Thee art A Rogue & Ile prove itt And the Deft comes & pleads Justificac̄on & Casts himselfe upon Country & the plt likewise. And the Marshall is required to Cause to Come twelve true & lawfull men &c who neither &c To whom &c By whom the matter may be found And there came Mr Dennis Macclendon Mr John Anderson Mr Archibald Holmes Mr John Yates Mr Wm Hall Mr Daniel Hall Mr Wm Branch Mr James Foster Mr Wm Lacy Mr John Willoughby Mr Wm Jackson & Mr Wm Williams who Impanelld & Sworn Say wee of the Jury find for the plt wth one Shilling Damage wth Cost of Suite.

Orderd That David Harris pay unto Wm Morgan one Shilling wth Costs of Suite als Execuc̄on.

A will of Gregory Garfott prov'd by the oath of Thomas Houghton & the Subscription of Francis Tomes Jun.

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A Tract of Land acknowledged by James Anderson & deborah his wife to John Valleway & Ordered to be recorded.

An Assignmt of A Deed of Sale from Anthony Haskett Sen & Tabitha his wife to Anthony Haskett Jun. & ordered to be recorded.

Upon Peticon of Frances Phelps widdow for Administracon on the Estate of Cuthbert Phelps Deced

Ordered that Administracon of the Sd Phelps Estate be granted to the peticonr

And that Anthony Alexander John Jennett Willm̄ Ludford & Obadiah Fare or any three of them doe appraise the Sd Estate and that the Sd Frances Phelps bring in an Inventory thereof according to Law.

Judith Clark by Caleb Caleway her attorney Comes to prosecute her Suite agt John White & Alice his wife Defts in A plea of the Case upon Defamac̄on for aspersing & Scandalizing the plt in these words vizt You (meaning the plt) are A whore & Ile prove you one And for plea the Defts by Thomas Norcom their Attorney Say the plts Declarac̄on is not firm or valid in law to compell them to make answer. And the opinion of this Court is That the Defts plead to the acc̄on And for plea the Defts plead Justificacon & Cast themselves upon the Country & the plt likewise And the Marshall is required to Cause to Come twelve true & lawfull men &c To whom &c who neither &c by whom &c And there came Mr Dennis Macclendon Mr John Anderson Mr Archibald Holmes Mr John Yates Mr Wm̄ Hall, Mr Daniel Hall Mr Wm̄ Branch Mr James Foster Mr Wm̄ Lacy Mr John Willoughby Mr Wm̄ Jackson Mr Wm̄ Williams who Impanell'd & Sworn Say wee of the Jury find noe Cause of acc̄on.

Orderd that the plt pay costs als Execucon.

A Will of Wm Lacy Sen. prov'd by the Subscription of Wm Lacy Jun. Ordered that the Executr have probat of the Sd Will.

An assignment of a Pattent acknowledged from Archibald Holmes to Anthony Wherry & ordered to be recorded.

Wm Lacy Jun on his own behalfe & Wm Moore on the behalfe of the Sd Wm Lacy Jun undertakes in the penall sume of one hundred pounds for the true performance of the last will & Testamt of Wm Lacy Sen deced

Thomas Norcom & Nathaniel Nicholson having given bond for the Security of Deborah Whitbys Estate Orderd that they be discharged from the Sd Bond and that the Sd Bond be null & void

Ordered that Thomas Houghton be overseer of the High wayes for ye year Ensuinge & be Impowered by a Warrt to him directed. In the Room of Wm Long

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Ordered that a Road be Cleerd from Lakars Creek to the usuall place and that Caleb Caleway be appointed overseer for the year ensuing in the Room of Joshua Caleway by a Warrt impowering him thereto.

Wm Williams proves his Right to 50 acres of Land by the Importac̄on of himselfe

Upon Peticon of John Pricklove

Ordered that Wm Morgan pay unto John Pricklove for his attendance as an evidence agt David Harris two Shillings & Six pence wth Costs als Execucon

Upon Peticon of John Morgan

Orderd that Wm Morgan pay unto John Morgan for his attendance as an Evidence agt David Harris two Shillings & Six pence wth Costs als Execuc̄on

Upon Peticon of Ralph Fletcher Jun

Orderd that Wm Morgan pay unto Ralph Fletcher Jun for his attendance as an Evidence agt David Harris two Shillings & Six pence wth Costs als Execucon.

An assignmt of a Deed of Sale from Thomas Ayres to Wm Williams & ordered to be recorded.

RALPH FFLETCHER
FRANCIS FOSTER
WILLIAM BARCLIFT
JOHN STEPNEY