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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
March 31, 1713 - April 03, 1713
Volume 02, Pages 80-98

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[Records of General Court.]
RECORDS OF GENERAL COURT.


North Carolina ss
At a Gen ll Court holden for the province afsd on Tuesday 31 March Anno Dni 1713

Prsent The Hon Christo Gale C. J.
Prsent Thos Miller Justices
Prsent Capt Jno Pettiver Justices

And then the Court adjourned till ye morrow morning Eight of the Clocke.

Wednesday Eight of Clocke the Court meet & satt

Prsent utt supra.

Antho Hatch Esqr one of her Matyes Justices of ye peace for this Governmt Tooke & subscribed ye severall oaths by law appointed for his Due Qualificac̄on together wth ye oath of a Justice of peace and took his place at ye board

And then the Court adjourned for an hower att an hower the Court meet & satt

Nath: Chevin Esqr attorney of Coll Robt Quarry Esqr personally came into Court & acknowledged the Sale of a plantation and tract of land containing ffour hundred acres lying on ye sd Wt side of little river in the prcinct of pequimans unto Capt Richd Sanderson

Ordered to be Registered

Upon petition of John fforree producing therewth an assignmt from Mary Whitte widdo & relict of vincent Whitte Deed: to the right of administrac̄on on the goods and Chattells of ye Decd:

Ordered that the said Jno fforrey have administrac̄on on all and singular the Goods and Chattells of ye said vincent white Decd and that Antho Markum Senr Antho Markum Jun Thos Mackreel & Jno Meades or any three of them: Inventory & apprize the Estate of ye said vincent Whitte as the same shalbe shewed unto them by the administrator being first thereunto sworne before a Magistrate The Gent of the Grand Jury were sworne & are as followeth (vizt)

Mr Jno Jordan: Mr Ebenezer Whitte Mr Richd Burtenshaw Sen Mr Mathew Midgett Mr Geo Harris Mr Bartho: Phelps Mr Saml Paine Mr Wm Carsewell Mr Jno Frueaile Mr Jno Harsell Mr Thos Avery Mr Jno White Sen Mr Jno White Junr Mr Wm Jones Mr Thomas Hicks Mr Pat: Eggerton Mr Jno Clarke Mr Jno Hicks Mr ffra: Hendrick

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Coll Thos Boyd Esqr Comes to proē his suite agt Capt Wm Bray: and saith that the Deft Stands Justly Indebted to the plt in the full Sume of fforty shillings: wch from him he unjustly Detaineth &c: and the Deft being Called to make answer thereunto came not Whereupon the plt prayd an attachmt agt the Estate of the Deft which was granted.

Coll Thos Boyd Esqr comes to pros his suite agt Danl MacKee: and Bartho: Phelps in a plea of Debt: and Saith that The Defts stands Justly indebted unto him the plt in the full Sume of Tenn pounds current money of No: Carolina and the Defts in persons appeares and confesses: fore one Barrill Stone Pitch & one Barrill of good sound Beafe and one good young Gentle cow & calfe according to the Condition of the obligation

Ordered that the said Defts pay unto ye sd Coll Thos Boyd: plt one Barrill Stone pitch one good sound Barrill Beafe & one young Gentle cow and calfe with Costs alias Exe.

Captt Jno Petiver Esqr comes to proc̄ his Suite agt Bartho: Phelps: in a plea of Debt and Saith That: the said Bartho: Stands Justly Indebted unto him the sd Jno the full Sume & quantity of Three Barrills of Pitch to be Delivered att his the sd Johns Landing as by his noat under his hand into Court brought may appeare and the said Deft in person Came & Confesses according to specialty.

Ordered that the said Bartho: Phelps pay unto Jno Pettiver Esqr the Said Sume and Quantity of three Barrills of Pitch Delivered at his ye Said Jno Pettivers Landing according to Specialty wth Costs alias Exa.

Capt Jno Pettiver Esqr comes to pros his Suite against Jno Snell in a plea of Debt and Declares for the Sume and quantity of nine Barrills of Marchantable Pitch wch to him he oweth: & from him unjustly Detaineth &c: as in and by his noate under his hand into Court brought may appeare and the said Deft in person appeares and confesses.

Ordered that the said Jno Snell pay unto John Pettiver Esqr nine Barrills of Marchantable Pitch according to Specialty with Costs alias Exa

Lett Execution be stayed for three months

A power of attorney: from Nath: Pirkins of Boston to Capt Jno Pettiver Esqr was proved in Court by the oath of Thos Parris and ordered to be recorded

Nath: Perkins of Boston by: Thos Snoden his Attorney: Comes to prōs his Suite agt Robt Coomes: in a plea of Debt: and Declares fore ye Sume of Three pounds four Shillings and Six pence wch to the said

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Nath: Pirkins he oweth & from him unjustly detaineth &c and the said Deft in person appeares & Confesses

Ordered that Robt Coomes pay unto Nath Pirkins ye sume of Three pounds four Shillings & Six pence with Costs als Exe

Nath: Pirkins by Thos Snoden his attorney comes to prōs his Suite agt Robt Coomes in a plea of Debt and Declares for the Sume of ffifty Shillings wch to him he oweth: and from him unjustly Detaineth &c and the Deft in person appeares & Confesses

Ordered that Robt Coomes pay unto Nath Pirkins the said sume of ffifty Shilling according to Specialty wth Costs als Exe

Thos Snoden Comes to pros his Suite agt Robt Coomes in a plea of Debt and Saith That the sd Deft Stands justly Indebted unto him ye plt in the full Sume of ffifty Shilling in good marchantable fresh porke and the said Deft appeares in person and Confesses accordingly.

Ordered that Robt Coomes pay unto the Said Thos Snoden the said Sume of ffifty shillings in porke according to Specialty with Costs als Exe

Wm Robbison and Laurana his Wife personally Came into Court and acknowledged the assignemt of a pattent containeing four hundred forty five acres of Land lyeing in pascotank prcinct to Robt Keelt:

Ordered to be registered

A Will of Alexander Smith Decd: was proved in Court by the oathes of Geo. Haughton Joshua porter and Wm Smith Evidences thereunto.

Thos Harris by Thos. Snoden his attorney Comes to prōs his Suite agt: Edwd Willams from an Importance the last Court and Saith That he ye Sd Thos the first day of August last past was Seized and possessed of a certaine plantation and Tract of Land Lyeing and being in ye prcinct of Chowan within the Jurisdiction of This Court Containing one hundred Sixty Eight acres; As his proper & Rightful Inheritance and being Soe Seized & possesst as afsd the said Edwd afterwards (to witt) on the 28th Day of the Said month of augt with force & armes into the Same Did Enter & him the sd Thoss thereof Did Dissease and the Corne thereon Standing & Groweing with Certaine Treasts Did feed Tread Down and consume and other thing to him Did Enorminous and agt the peace of our Sovereigne Lady the Queen that now is and to his Grevious Damage &c: and the Deft by Edwd Bonwicke his attorney Comes and Defend the force & Injury when &c whatsoever &c and for plea Saith that he is not Guilty and of this he putts himself upon the Country and the plt in like manner wherefore it was Comanded the Marshall that he Cause to Come Twelve &c whome &c by whome &c

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who neither &c and there came (to vizl) Mr Thos Swann Mr Thos Harvey Mr Augustine Scarbro Mr Thos Collings Mr James Thiggpen Mr Richd Stamp Mr Jno Davis Mr Robt Keelt Mr Robt Temple Mr Jno fforree Mr Thos passingham & Mr Wm Rayfield who being sworne say wee of the Jury find for the plt Tenn pounds Damage with Costs

Ordered that Edward Williams pay unto Thos Harris Tenn pound wth Costs alias Exa Isaac Willson Comes by Thos Snoden his attorney comes to prōs his Suite agt Jno Whittby and Declares for ye Sume of five pounds Eighteen Shillings and one peny halfe peny in good Tarr: wch to him ye said Isaac: he oweth and from him unjustly detaineth &c And the Deft being called to make answer thereunto Came not Whereupon the plt by his attorney afsd prayed an attachmt agt the Estate of ye Deft wch is Granted.

Mosely vs Davis Cont. till next Court by Consent of plt & Deft.

And then the Court adjourned for an hower

att an hower the Court meet & Satt

Ebenezer White: Comes to prōs his Suite agt Jno Whittby in a plea of Debt and and Declares for the Sume of Ten pounds Ten Shilling wch the sd Deft to him Doth owe and from him unjustly Detaines as in & by one Certaine Instrumt of writteing obligatory under the proper hand of ye Deft here in Court brought Doth & May appeare &c and the Deft being Called to make answer thereunto Came not whereupon the plt prayed an attachmt agt ye Estate of ye Deft wch is Granted

Edwd Moseley: by Thos Snoden his Attorney Comes to prōs his Suite agt Thos Holmes and Declares for the Sume of nine pound Sixteen Shillings: And five pence wch the Deft by his Certaine Noate or bill under his proper hand to him the sd plt Doth owe & from him unjustly Detaineth &c: and the Deft was Called to answer thereto but Came not whereupon the plt prayed an order agt the Marshll

Ordered that the Marshll of Albemarle County have the body of the said Thos Holmes att ye next Genll Court als Judgmt agt the Marshll and the sd Marshall prayed an attachmt agt the Estate of the sd Deft which was granted him

Moseley v Jennett Cont by Consent

Edwd Moseley: Comes to prōs his Suite agt Bartho: Phelps in a plea of Debt and Saith That the Deft Stands Justly Indebted to him ye plt in ye full Sume of Twenty Shillings &c and the Deft in person appeares & Confesses

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Ordered that Bartho: Phelps pay unto Edwd Mosely Esqr the said Sume of Twenty Shillings wth Costs als Exa

Jno Newman by Edwd Moseley his attorney Comes to prōs his acc̄on agt Obadiah Rich in a plea of ye Case: and Declares for the Sume of Six pounds Two Shillings and Eight pence: by accot wch the Deft from him unjustly Detaines and the Deft was Called to answr thereunto but Came not Whereupon the plt by his attorney afsd prayed an attachmt agt the Estate of ye said Deft which was Granted accordingly

Jno Newman by Edwd Moseley his attorney comes to prōs his Suite agt Jno Dunn in a plea of the Case and Saith that the Deft Stands Justly Indebted to him the plt in ye full sume of one pound Seventeen Shillings & a penny for Sundry good & wares by the plt to the Deft Sold & Delivered the accot of wch is ready to be produced, and the Deft was Called to answer thereunto but Came not wherefor the plt by his sd attorney prayd an attachmt agt the Estate of ye Deft wch was Granted

Jno Newman by Edwd Moseley his attorney Comes to pros his Suite agt Wm Willson Sawyer in a plea of Debt and Declares for the Sume of Eight pounds Currt money of this province wch to him he oweth & from him unjustly Detaineth &c and the Deft was Called to answer thereunto but Came not Wherefor the plt by his attorney afsd prayed an attachmt agt the Estate of the Deft which is Granted

Upon: petition of Jno Whitte Sen & Jno Whitte Junr

Ordered that the sd petitionrs be allowed the Sume of Eleven Shillings and Eight pence Each for their Traville & attendance being Sumon as Evidences by Thos Harris agt Edwd Williams in an acc̄on of Tresspass

Upon petition of Margreat Burnsby: praying to be admitted to Chuse hir Guardian Did of her own: volluntary and free Consent make Choyce of Joseph Oliver wch is admitted of by the Court

Jno Newman Came into Court and proved an accot upon oath agt Jno Dunn fore the Sume of one pound Seventeen Shilling & a penny

Upon petition of John Newman praying to prove his accot agt Obadiah Rich Did prove the same upon oath: amounting to ye Sume of Six pounds Two Shillings & Eight pence.

Saml Holland marcht of Boston by Thos Snoden his attorney Comes to prosecute his Suite agt Isaac Willson of a plea That he doe render unto him the said Saml ye Sume of fforty four pounds fourteen Shillings & Six pence which to him he oweth & from him unjustly Detaineth &c. and Saith That he the Said Isaac Stands Justly Indebted unto him the sd Saml in the full & Just Sume of fforty ffour pounds forteen Shilling & Six pence payable in good marchantable wheat Porke or Pitch as in &

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by an accot bareing Date att Divers times from the ninth day of ffebry one Thousand Seven hundred & Seven until the Twenty firs day of ffebry one thousand Seven hundred & eight ready to be produced in Court relation being thereunto had Doth & may more fully appeare Nevertheless Isaac ye afsd Sume of fforty four pounds ffourteen shillings & Six pence to the sd Saml hath not payd: but ye same to pay hath hetherto refused and Doth as yett refuse &c. and the Deft by Edwd Bonwick his attorney: Comes and Defendes the force & Injury when &c: and Saith: That for the Insufficiences and Imperfections in the plts Declarac̄on he this Deft cannot neither by ye Law of ye land is he bound to make answer thereunto and this he is ready to averr wherefor want of a Sufficient Declarac̄on and Sufficient matter therein to be contained he the said Deft prayed Judgmt if ye plt afsd his acc̄on afsd by the law ought to have & mainetaine &c.

Et pro: Causis

ffor that the plt Does not Shew in his Declarac̄on wt the Debt in the Doc: menc̄on was Contracted for and ye plt by his Attorney: afsd Saith that his Declarac̄on is good & valid in Law and prays as in & by the Declarac̄on &c—Which being Considered by the Court the Said Demurrer is allowed good: Whereupon it is

Ordered that ye Suite be Dismist & the plt pay Costs allas Exa

Jno Jones assignee of dame Cath: Hyde Comes to pros his Suite agt ERasmus Harsleff in a plea: of: Debt and Saith That the Deft Stands Justly Indebted to him ye plt soe qualifyed in ye full & Just Sume and quantity of Six Barrills of Pitch: as by a Certain Noat or Bill under his proper hand may appeare &c and the Deft in person appeares & Confesses

Ordered that Erasmus Harseleff pay unto John Jones in ye qualification afsd the Sume or quantity of Six Barrl of Pitch alias Exa Lett Execution be Stayed till Chrismass next

Jno Jones assignee of dame: Cath Hyde: comes to prōse his Suite agt Jno Relfe in a plea of Debt and Declares for the Sume of: Twelve pounds Currt money of this province wch to ye plt in that qualificac̄on he oweth; & from him unjustly Detaineth &c and the Deft was Called in the useall form but Came not Whereupon the plt prayed attachmt agt the Estate of the Sd Deft wch is Granted

And then the Court adjourned till the Morrow morneing Eight a Clock

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Thursday Morne Eight a Clock the Court Meett & Satt

A Convayance of a Tract of Land was acknowledged in open Court by Harris willoby & mary his wife according to ye Custon of this province unto ffra Laydaine

Ordered to be Registered

Edwd Bonwicke Esqr her Matys Attorney Genll comes to prōs his Indittmt agt Christo Duddley: (als——) Christo Duddy of ye prcinct of Chowan planter and Saith that he the Said Christo: Duddley: the tenth day of Janry anno Dni 1712 att Chowan afsd: with force & arms to witt) with swords staves and knives on the body of one Wm Jones (by lawfull warrt being authorised and made arrest master in the Execution of his Said office then and there being he the sd Christo: Duddley not regarding the authority to the said Wm Jones Granted) Did make an assault and him the sd Wm Jones then and there did beat wound and evill entreat Soe that his life it was Despaired and other enormities to him did doe agt the peace of our Soveraigne lady the Queen &c: and the Deft by Edwd Moseley his attor Comes & Confesses and throwes himself upon the mercy of the Court wch being Considered by the Court here

Ordered that ye said Christo: Duddley be fined the Sume of Ten Shillings and that he give sufficient Securety for his good behaviour till the next Genll Court & for his appearance thereatt

Henry Pendleton being bound over by recognizance to this Court made his appearance & is Dismist without Day

A Deed of Sale from Thos Towers & Cath his wife of a Tract of land lyeing on ye sand banks was acknowledged in Court in ye useall forme by ye sd Thos Towers & Cath his wife unto Erasmus Harseleff

Ordered to be Registered

A power of attorney: from Cornelias Rattleff to Mr Ja: Tookes Marcht was proved by the oath of Henry Pirkinson and ordered to be recorded

Majr James Coles Exhibitted an accot of his administrac̄on on the Estate of David Harris Decd Wherein he appeares to be fifteen pound ffour Shillings & Sevenpence Indebted to ye said Estate

A power of attorney: from Micajah Perry & Compa Marchts of London to Mr Lewis Conner Marcht of Virginia proved and attested by the Notary Publick was produced to this Court and ordered to be recorded

Edwd Bonwicke Esqr her Matyes attorney Genll Comes to prosecute the presentmt of the grand Jury agt Mary Brothers otherwise called Mary Brothers of ye prcinct of pascotank in ye province afsd Spinster for that She the Said Mary Brothers the last day of July Anno Dni 1712

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att Pascotank afsd was Delivered of a Bastard Child agt the peace of our said Lady the Queen and agt the forme of ye Act of assembly in that Case made & provided &c and the Said Mary Brother Came and Confest to the Said Indittemt and upon her Oath: Did Declare: Geo: Ellis to be the ffather of ye said Child

Ordered that the sd Mary Brothers be punished by receiving Twenty one Stripes on her back or pay ffifty Shilling according to the forme of an act of assembly made & provided

Whereupon: Danl Guthrie Came and assumed paymt of the sd fine of ffifty Shillings

Mr Jno Lovicke being bound over to this Court by recognizance made his appearance and is dismist without day

Robison v Oliver Continued till next Court by Consent of Deft and plts attorney

Thos Peterson by Edwd Moseley and Edwd Bonwick his attorneys Comes to prosecute his Suite agt Geo Harris and Saith that the sd Deft stand Justly Indebted to the plt in the full Sume of nine pounds Thirteen Shillings & Eleven pence by his assumtion for & on accot of David Prichard Deceased and the Said Deft appeares and Confesses wth halfe Costs

Ordered That Geo: Harris pay unto Thos Peterson Esqr the Sume of nine pounds thirteen Shilling & Eleven pence wth halfe Costs of Suite alias Exa

Capt Jno Pettiver in open Court acknowledged ye Convayance of a Tract of Land lyeing on the South Shore in the prcinct of Chowan unto Mr Antho: Hatch and Mr Geo: Durant

Ordered to be Registered

Joseph Jordan: Comes by Edwd Moseley his Attorney to pros his Suite agt Wm Willson of a plea of Tresspass upon the case and Saith That The Said Wm Willson Evilly Intending and Maliciously purposeing to Take away and destroy the good name fame Credditt Estamation & repute of him the sd Jos: & also: to bring him the sd Jos: Innocently into Danger of forfeiting all and Singular his Chattles Land & Tenements of Loseing of his life the ffifth day of Janry Ano Dni 1712/13 at new: begun Creek: in the prcinct pascotank: & wthin the Jurisdiction of this Court These false feigned Scanderlous malicious & abrobrious words following (then & there having Speech & Comunicac̄on wth Divers faithfull honest and worthy persons of this Govermt and with the said Wm of & Concerneing a report that Eliza: the wife of the said William had Spread Concerning the Said Jos: Jordan to wit That Jos: Jordan: (the plt

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meaneing) had broake open: a Chist: of a Marchts that lived at his the Said Josephs house: and Stole a knife & Sold it to Jane Man) In prsence and hearing of divers of his neighbours and other faithful & Credible persons of this Govermt then & there being prsent and heareing openly & publickly & wth a loud voice did say affirme and Declare: and publish to the said Jos: I say: So: too: Tis: true and: the Said William afterwards, out of, for, and to the Same Malice Envy: and Evill Intention on the Same day & yeare att New-begun Creeke afsd: in ye prcinct afsd: there other false feigned Scandalous Malicious & abrobrious words following in prsents & hearing of Divers of his Neighbors and other faithful and worthy persons of this Govermt: then and there being prsent and heareing, openly publickly & wth: a loud voice Did Speak Declare & publish to the Said Jos: Jordan (vizl.) you (meaning the plt are: a Thief and: Ile prove: you: so: (the Said Plt meaning) whereas in Truth: the sd Jos: Jordan no Robery, Theft or ffelony ever Comitted or Perpetrated By reason of ye Said Saying Speaking and affirmeing of wch false feigned & Scandalous words the sd Jos: is not only Extreamly hurt & Damlifyed in his good name fame Creditt & Estamac̄on afsd: amongue his neighbours & other faithfull & honest persons of this Govermt wth whome the Said Jos: used to keep Company & familorlily but also Innocently to be brought into Danger of of forfeiting all his Chattles Land & Tenemts and of looseing his life whereby the sd Joseph Saith he is Damnified & hath damage to ye vallue of ffive hundred pounds and thereupon &c and the sd Deft by Edwd Bonwicke his attorney Comes & Defends the force and Injury when &c and Saith that for the manifold Insufficiencies Imperfections & uncertainties in the plts Decl: and the matter therein Contained he the Deft Cannot neither by the law of the land is he bound to make answer thereunto and this he is ready to aver &c Et pro: Causis for that the plt in his Decl: afsd: hath not alleged any words that are acc̄onable the words (you are a Theife and Ile prove you so;) being all the words that is alleadged in the plts Decl: agt the Said Deft they import Something in Generall but in particular nothing for one may be a Thiefe of Soe Smale a matter that the law takes no notice of wch: Demurrer being Joyned by the plt: and Duely Considered by the Court: here it is there oppinion that the sd Demurrer be over Ruled and it is hereby over Ruled and because it Doth not appeare to ye Court here wt: Damage the plt: has Sustained by reason of the Trespass therefor it was Comanded the Marshall that he Cause to Come Twelve &c: whome &c: by whome &c: who neither &c: and there came to witt Mr Thos Swann Mr Augustin Scarbro Mr Thos Harvey Mr Griffin Jones Mr Thos Passingham
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Mr Robt Temple Mr Jno fforree Mr Jno Man Mr James Ward Mr Alex Spence Mr ffra Beaseley & Mr Truman Mcbride who being Sworne say we of ye Jury find for the plt five pounds Damage

Ordered that Wm Willson pay unto Joseph Jordan ye Sume of five pounds with Costs als Exa

Coll William Reed Esqr by Edwd Moseley his attorney Comes to pros his Suite agt Henry Slade of a plea: of Trespass and Saith That whereas the said Henry Slade the last week in march Ano Dni 1710 by force & armes &c: the Inclosed plantation of him the sd Wm in Coratuck prcinct did break: and a Cow & Calfe there found by him the sd Williams of the price of fifty Shillings did take & drive away and other Enormities to him he did &c: and the Deft was called to answr thereunto but came not Whereupon the plt by his attor afsd prayed an order agt the Marshall.

Ordered that the Marshall of Albemarle County have the body of the Said Henry Slade Senr att the next Genll Court als Judgmt agt the Marshall fore the Debt and Damages afsd

and the said Marshall prayd an attachmt agt the Estate of the Said Henry Slade wch is Ordered accordingly

Jno Relfe was Called to pros his Suite agt Jno Treveaile but Came not whereupon the Deft prayd an Non Suite wch was Granted

Ordered that the Suite be Dismist and the plt pay Costs alias Exa.

dame Cath: Hide admr of ye goods & Chattles wch were the honoble Edwd Hides Esqr Dec̄d Comes by Edwd Moseley her attorney to pros: her Suite agt Christo: Dudley and Saith the Defts stands Justly Indebted to ye plts quallified as afsd in ye Sume of Eight pounds for & in Considerac̄on of a horse by: the Said Edwd in his lifetime Sold & Delivered to the Defts and the said Defts in person appeares & Confesses

Ordered that Christo Duddy pay: unto: dame Cath Hide admr of ye goods & Chattles of honoble Edwd Hides Decd the Sume of Eight pounds with Costs alias Exa:

Upon petition of Joseph peggs

Ordered that ye sd Jos: peggs be paid the Sume of five Shillings & Tenn pence for his travill and attendance being Sum̄s: as an Evidence by Jos: Jordan agt Wm Willson

And now here att this Court Came Joseph: Glaister and for plea Saith non cull per pat: wch being Joyned by the plt it was Comanded the Marshall that he Cause to Come Twelve &c: by whome &c who neither &c and there Came to witt Mr Thos Swann Mr Augustine Scarborough Mr Thos Harvey Mr Griffen Jones Mr Thos passingham Mr Robt Temple Mr Jno fferree Mr Jno Man Mr James Ward Mr Alexander Spence Mr

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ffra Beaseley Mr Truman Mcbride who being Sworn Say we of ye Jury find for the Deft

Ordered that the Suite be Dismist & the plt pay Costs alias Exa

Henry Speller Marcht by Thos Snoden his: attorney Comes to prōs his Suite agt Jno Relfe in a plea of Debt and Declares for the Sume of Twelve pounds wch to him he oweth &c and ye Deft being Called: Came not and the Marshall having returned a Cepi Corpus on ye writte the sd plt by his attor afsd prayed an order agt the sd Marshall

Ordered that ye Marshall of Albemarle County have the body of ye Said Jno Relfe att ye next Genl Court alias Judgmt agt the Marshall

and the Said Marshll prayd an attachmt agt the Defts Estate

Ordered that an attachmt goe out agt the Estate of ye Said Jno Relfe att ye Suite of ye Marshall of albermarle County for the Debt & Damages aforesaid.

Upon petition of Jacob Sherwood

Ordered That the Said Jacob Sherwood be allowed the Sume of five Shillings & Ten pence for his Traville and attendance being Sum̄s an Evidence by Jos: Jordan agt Wm Willson

Mr Jno Lovicke, attorney of dame Cath Hide admr &c; Came into Court and acknowledged the recept of a Judgmt Confest by Christo: Duddley att this present Court for ye Sume of Eight pounds with Costs

Thos Swann of ye prcinct of pascotank: Marcht: Comes to prōs his Suite agt Obadiah Rich: of ye prcinct afsd and declares fore ye Sume of Three pounds Ten Shilling & Six pence wch to him he oweth: &c: and the Deft being Called Came not whereupon the sd plt prayd an attachmt agt the Estate of ye Deft which was Granted

Ordered yt an attachmt Issue out agt the Estate of Obadiah Rich att ye Suite of Mr Thos Swann for ye Debt afsd with Costs of Suite.

Thos Swann of pasquotank: prcinct Comes to prōs: his Suite agt James McDaniell of ye sd prcinct in a plea of Debt and Saith That the Deft by one Certaine Instrumt of writting obligatory under his proper hand became Indebted to him ye sd plt in ye Sume of ffour pound Six Shillings & five pence and ye Same to render Doth refuse &c: and the Deft being Called to answer thereunto Came not and ye Marshll having returned a Cepi Corpus on ye writte ye plt prayed an order agt ye Marshll

Ordered yt ye Marshall of Albemarle County have ye body of ye said James McDaniel at ye next Genll Court alias Judgmt agt ye Marshall

and the Said Marshall prayed an attachmt agt ye Estate of ye Deft which is Granted and ordered accordingly

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Thos Swann of Pasquotanke Comes to pros: his Suite agt Jno McDaniell of ye same place in a plea of Debt and Declares for ye sume of Two pounds Two Shillings & nine pence wch to him he oweth & from him unjustly Detaineth &c: as by his Certaine writteing under ye proper hand of ye Deft may appeare and the Deft being Called to answer thereunto Came not and a Cepi Corpus being returned on the writte ye plt prayed an order agt ye Marshall.

Ordered that ye Marshall of Albermarle County have the body of ye Said Jno McDaniell att the next Genll Court alias Judgmt agt the Marshall

And ye Said Marshall prayed an attachmt agt ye Goods & Chattells of ye Deft which is Granted and ordered accordingly

and then the Court adjourned till the Morrow morning Eight of ye Clocke

ffryday Morne the Court meet againe according to adjournmt & Satt

Martin ffranck by Thos Snoden his attor Comes to pros his Suite agt Jno Smith marcht and Declares for 4£ as per warr: and ye Marshall haveing returned an non est Inventus on the writte ye plt by his attor afsd prayd an attachmt agt ye Estate of ye Deft which was Granted.

Thos Peterson: Esqr factor to Thos Bayfield and new Pisilvania Compa by Edwd Bonwicke and Edwd Moseley: his attorneys Comes to pros his Suite agt Emanl Lowe: and Wm Vaughan in Compa in plea of ye Case: and Declares for ye Sume of ninety pounds for & in Consideration of ye Hull: of ye Sloop: Ronoak: Marcht by the plt Sold & Delivered to ye Defts in Compa and also ye Sume of Ninety four pounds in Consideration of anchors Cables Sailes rigging &c: by ye Said plts Sold & Delivered to the Defts in Company as per agreemt the 22d of augt 1709: all of wch amounting to ye Sume of one hundred Eighty four pounds: &c: and the sd Defts appeares & Confesses

Ordered that Emanl Lowe & Wm Vaughan in Compa pay unto Thos Peterson Esqr in his afsd Capacity the Sume of one hundred Eighty four pounds with Costs alias Exa

Wm Vaughan & Company by Thos Snoden their attor: Comes to pros his Suite agt Roland Buckley: and Declar for the Sume of Two pounds Two Shillings and Seven pence by accot as in and by the Sd accot Doth & may appeare &c: and the Deft being Called Came not whereupon ye plts by their attor afsd prayd an an attachmt agt ye Good & Chattles of ye Defts wch is Granted and ordered accordingly.

Nath: Pirkins Marcht of Boston by Thos Snoden his attorney comes to prōs his Suite agt Richard Burtenshell in a plea of Debt and Saith that

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ye Deft by one Instrumt of writteing obligatory under his hand Doth owe and Stand Justly Indebted unto ye plts the Sume of Eleven pounds five Shillings and the same from him unjustly Detaineth &c: and the Deft by Edwd Bonwicke his attorney Comes & Confesses for ye Sume of Two: pounds & Six pence.

Ordered: That Richd Burtenshell pay unto Nath: Pirkins ye Sume of Two pounds & Six pence with Costs als Exa

Peter Marshe: was Called to pros his Suite agt Geo: Cooper but Came not whereupon the Deft by Thos Snoden his attor: prayd an non Suite agt ye plt

Ordered that ye Suite be Dismist & ye plt pay Costs als Exa

Saml Holland marcht of Boston by Tho. Snoden his attorney Came to pros his Suite agt Wm Luffman in a plea of Debt and Declares fore the sume of five pounds Eighteen Shillings wch to him he oweth and from him unjustly Detaineth &c: and the Deft was Called but Came not and ye plt by his attor afsd prayed an order agt ye Marshll

Ordered that ye Marshall of Albermarle County have ye body of ye sd Wm Luffman att ye next Genll Court als Judgmt agt ye Marshall.

and ye Marshll prayed an attachmt agt ye Estate of ye Deft wch was granted and Ordered to Issue

Thos Spencer being bound over to this Court by recognizance made his appearance and is Dismist without day

Tobias Knight Esqr by Edwd Moseley his attor Comes to pros his Suite agt Wm Houghton in a plea of ye Case: and Saith that ye Deft Stands Justly in Debted to ye plt in ye Sume of one pound Ten Shillings and Six pence and ye Same Doth refuse to render &c: And ye Deft was Called but came not, Wherefore ye plt by his Said attorn prayed an ordr agt ye Marshall

Ordered that ye Marshall: of ye County of Albermarle have ye body of ye said Wm Houghton att ye next Genll Court als Judgmt agt ye Marshall

and the said Marshall prayed an attachmt agt ye Estate of ye Deft wch is Granted and ordered accordingly

Blish v Sparrow attachmt Continued

Jacob: Overman of ye prcinct of Pasquotank: Comes to pros his Suite agt George Scarbrough in a plea of Debt and Saith that ye Deft by his writteing obligatory under his hand &c Did acknowledge to one & Stand Justly Indebted to ye plt in ye Sume of one pound Seventeen Shillings & Six pence in fresh porke and ye same Doth Deny & refuse to render

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&c: and the Deft was Called but Came not and a Cepi Corpus being returned on ye writte ye plt prayed an order agt ye Marshall

Ordered that ye Marshll of albermarle County have ye body of ye said George Scarbrough att ye next Generall Court als Judgmt agt ye Marshll and ye Marshll prayed an attachmt agt the Estate of ye Said Georg Scarbrough wch is Ordered to issue accordingly.

Jacob Overman of pasquotank: Comes to pros: his Suite agt Wm Scarbrough in a plea of Debt: and Declares: for ye Sume of: one pounds Two: Shillings & Eight pence in fresh pork: wch to ye Plt ye Said Deft Doth owe & from him unjustly Detaine &c and the Deft was Called but Came not according to returne of ye writte wherefor ye plt prayed an order agt ye Marshall

Ordered yt ye Marshall of ye County of Albermarle have ye body of ye Said Wm Scarbrough: att ye next Generall Court als Judgmt agt ye Marshall

and ye Marshall prayed: an attachmt agt ye Estate of ye Said William Scarbrough wch is ordered to Issue accordingly

Mr Henry Swann Comes to pros his Suite agt Capt Thos Collins of ye prcinct of pequimans of a plea of Debt and Declares fore ye Sume of one pound Eighteen Shillings & four pence wch to him he oweth &c: and ye Defts was Called and Came not according to returne of ye writte whereupon ye plt prayed an order agt ye Marshall

Ordered that ye Marshall of ye County of albermarle have ye body of ye Said Defts att ye Next Genll Court als Judgmt agt ye Marshll

and ye same Marshall prayed an attachmt agt ye Estate of ye afsd Deft wch is Granted and ordered accordingly

Mayo v Musheo in Debt Dismist:

Stamp: assignee v. Hartley in Debt Cont:

and then ye Court adjourned for an hower

att an hower ye Court Satt againe

an now here at this Court appeared Jos: Glaister to ye Declarac̄on in Ejectione firme for Seventy five: acres of land with the appurtenances &c: Lyeing on Nobbs Crook Creek: according ye order of ye Last Court and for plea Saith Non Cull per: pat: whereupon it was Comanded ye Marshall yt he cause to Come Twelve &c whome &c by whome &c: who: neither &c and there Came to witt: Mr Thos Swann: Mr Augustine Scarbrough Mr Griffith Jones Mr Thos Harvey Mr Thos passingham Mr Robt Temple Mr Jno fferree Mr Jno Man Mr James Ward Mr Henry Speller Mr ffra Beasely and Mr Truman McBride who being Sworne Say we of ye Jury find for the Deft

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Ordered that ye Suite be Dismist & ye plt pay Costs als Exa

Peterson v Lakar: Case: Continued by Consent

Glover v Cheaves: Trespass: Continued by Consent

Capt ffrad: Jones. of ye Collony of virga by Edwd Moseley his attorney comes to pros his Suite agt Emanl Cleave: Latte provost Marshall of ye County of Bath in an acc̄on of Detinue and Saith: That whereas: ye Said ffrad formerly: to witt, ye ninth day of: July in ye Court of or Soveraigne Lady ye Queen, before William Gray Esqr and his associates the Justices of her ye said Lady ye Queen: of ye County Court of Bath: at Bath Town: by ye Considerac̄on of ye Same Court had recovered agt one Coll Thos Cary: by ye name of Coll Thos Cary: as well a certaine Debt of 49: 19: 11 as of 6-12-6- Costs: whereof he was Convicted as by record and process thereof: in ye Said Court afsd manifestly appeareth: upon wch Same Judgmt the Sd ffrad for ye more Speady: recovery of his Debt & Costs afsd afterwards vizt the ninth Day of July Anno: Dni 1712 had pros out of ye afsd Court of ye Said Lady ye Queen afsd a certaine writte of ye Said Lady ye Queen of: causing to be made agst the Said Coll Thos Cary to the then provost Marshall of Bath County Derected, by wch Said writt the Same now: Lady ye Queen to ye Sd Then provost Marshall of Bath County Comanded, yt of ye good & Chattles of ye aforesd Coll Thos Cary: in ye County afsd he should Cause to be Levyed—as well a Certaine Debt of 49: 19: 11: wch ye Said ffrad had recovered in ye County Court of Bath: agt him as ye afsd 6-12-6: Costs: and that he Should have that money to render to ye Said ffrad Jones for his Debt & Costs afsd and that at ye returne of ye Same writte before ye afsd Justices of ye Said County Court of Bath the afsd Emanl Cleaves then provost Marshll of ye afsd County of Bath returned ye writte aforesd) to him in forme afsd Derected (That is to say) That he ye Same then Provost Marshll of Bath County by vertue of ye Same writte had Taken Divers goods & Chattles wch were of ye afsd Coll Thos Caryes to ye Value of ye Debt & Costs afsd, That is to say one negro man one old maine Saile one old fore Saile one old Jebb: by wch acc̄on Did grow: to ye Said ffrad Jones to Exact and have of ye Said Emanl Cleaves the goods & Chattles afsd to ye value afsd Notwithstanding ye Said Emanl Cleaves altho. often requested the goods & Chattles afsd to ye value afsd to ye Said ffrad Jones hath not Delivered, &c: and ye Deft was Called to make answer thereunto but Came not according to returne of ye writte: whereupon ye plt by his attorney afsd prayed an order agt ye Marshall

Ordered yt ye Marshall of ye County of Bath have ye body of ye said Emanl Cleaves att ye next Genll Court als Judgmt agt ye Marshall

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and the Marshall prayed an attachmt agt ye Estate of the Said Deft wch is Granted and ordered accordingly

Goodlatt Exrx v Nickollson Ejectmt Continued

Chevin v Earley admr case Continued

Jonathan Standley & Elizabeth his wife personally Came into Court and acckno a Convayance of a plantation & tract of land lyeing on ye so wt side of little river in ye precinct of pequimans unto Cornelias Rattleff

Ordered to be registered

Mr Thos Parris of ye precinct of pequimans by Thos Snoden his attorney: Comes to pros his suite agt Sollo Jordine in an acc̄on of Trover & Conversion and Declares of a boat of ye value of Ten: pounds wch by finding Came to ye possession of ye Deft and ye said Deft by Edwd Moseley his attorney: Comes and Confesses for Nine pounds

Ordered that Sollo Jordine pay unto Thos Parris the Sume of nine pounds with Costs als Exa

Lett Execution be Stayed till ye tenth day of December next.

Nath: Chevin Esqr Comes to pros his suite agt Coll Wm Reed Esqr in a plea of ye Case and Declares for ye Sume of Twenty nine pounds five Shillings for Certain Indian Slaves by ye publick: Sold & Delivered to ye Defts and in Consideration thereof the said Deft Did assume well & Truly to pay ye afsd Sume of Twenty nine pounds five Shillings into ye hands of ye Said Nath: Chevin: for ye use of the publicke who was fully authorized and Impowered to require and receive the same nevertheless &c: and the Deft by Edwd Moseley his attorney Comes and for plea Saith, that he did not assume in manner & forme &c: whereupon it was Comanded the Marshall that he cause to Come Twelve &c: whome &c: by whome &c: who neither &c: and there came to witt, Mr Thos Swann Mr Augustine Scarbrough Mr Griffith Jones Mr Thos Harvey Mr Thos passingham Mr Robt Temple: Mr Jno fforree: Mr Jno Man Mr Ja ward Mr Henry Speller Mr ffra Beasely & Mr Truman McBride who being Sworne Say we of ye Jury find for ye plt

Ordered that Coll Wm Reed Esqr pay unto Nath Chevin Esqr for ye use of ye publicke ye Sume of Twenty nine pounds five Shilling wth costs als Exa

Tobias Knight Esqr & Cath his wife admr of ye goods & Chattles of ye honoble Wm Glover Esqr Decd by Edwd Bonwicke their attorney Come to prosecute their writte of Scire fa: agt Jno porter Esqr and Declares for a Judgmt obtained by ye afsd Wm Glover agt the sd Jno porter for ye Sume of one Thousand pounds Sterl &c and the Deft by Edward Moseley his attorney: Comes and Defends ye fore and Injury when &c: and prayes

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Judgment of ye writte afsd &c because he Saith that ye same is imperfect and Insufficient and Containes manifest variance in it Selfe and this he is ready to averr Whereby he prayed Judgmt of ye writte aforesd &c: and ye Same being Considered by ye Court it is there oppinion that ye same plea is good to abate ye Said writte and it Doth hereby abate.

Jacob: Overman: of ye precinct of pasquotank: by Edward Moseley his attorney comes to pros his Information agt William Willson Lawyer of ye prcinct afsd and Saith: That whereas in & by an act made for ye Good Governmt of this province Intitled (an act Consearning Servants & Slaves amongue other things it is Enacted That whosoever Shall buy Sell Truck or Trade borrow: or lend to or with any Servant or Servants Slave or Slaves wthout ye Lycence or Consant of his or their master or owner: Shall forfeite and pay Tenn pounds to ye Master of ye Said Servant or Slave to be recovered by Informac̄on in any Court of record in this Governmt &c nevertheless the Said William Willson ye Sd act nothing minding or regarding but the Same and the authority thereof altogether Contemning & Dispiseing Did on or aboute ye 20th day of December ano: 1712/13 without ye leave or knowledge of him ye Said Jacob Sell & Deliver unto a Man Slave to him belongen named petter a Turckey Cock to ye vallue of five Shillings to ye Grate Damage of him ye Said Jacob & Contrary to ye afsd act and ye Deft appeares & for plea Saith non Cull: per: partrium wherefor it was Comanded the Marshall that he Cause to Come Twelve &c; whome &c: by whome &c: who neither &c: and there Came (vizl) Mr Thos Swann Mr Augustine Scarbro: Mr Griffith Jones Mr Thos Harvey Mr Thos passingham Mr Robt Temple Mr Jno fforree Mr Jno Man: Ja: Ward: Mr Henry Speller Mr ffra Beaseley and Mr Truman McBride who being Sworne say we of ye Jury find him Guilty whereupon ye plt prayed Judgmt on ye afsd act:

Ordered that Wm Willson be fined ye Sume of Tenn pounds according to the Tenor: of ye afsd act to be payd to ye Said Jacob Overman with costs:

and the said Jacob Overman comes and remitts the fine afsd Except fforty Shillings on Condition that ye Said William Willson pay the accruing costs which being Submitted to by the Deft

Ordered that ye Sume of Eight pounds part of ye afsd fine be remitted on ye afsd Condition and it is hereby remitted, and it also ordered that the Said William Willson doe pay unto Joseph Jordan: five Shillings to Robt Cartwritte Ten Shill & Ten pence.

to Joseph peggs and his wife one pound one Shilling & Eight pence

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to Wm Cartwright ye Sume of Eight Shilling & four pence for their Travill and attendance being Sumons as Evidence by Jacob overman agt ye Said Willm Willson als Executions Nath Chevin Esqr Comes to pros his suite agt Jno Blish marcht in a plea of Debt and Saith: That ye Deft by his Certaine writing obligatory under his hand Dated the 26th day of March Ano Dni 1712 Did oblige himselfe well & Truly to pay unto the plt ye Sume of Eleven pounds on or before ye tenth day of march then next Ensuing nevertheless: &c: and the Deft by Thos Snoden his attorney Comes & Confesses

Ordered that Mr Jno Plish marcht: pay unto Nath: Chevin Esqr ye Sume of Eleven pounds with Costs als Exa

Lett Execution be stayed till ye first day of August next

a will: of Stephen Swaine decd was proved in Court by the deposition of Mr Thos Snoden attorney: of ye Decd annexted to ye Said will to wch he gave his oath in Court: and thereupon Edwd Moseley attorney: of Saml Sprewell Came into Court and in behalfe of ye Said Saml Entered a Caveatt agt the: propotte of ye Said will wch was admitted of: and referd to ye Court of Chancery.

Griffith Jones: of pasquotankes Cumes to prōs his Suite agt Jno Creach: in a plea of: Case: and Saith the ye Deft Stands Justly Indebted to ye plt in ye full Sume of: Two: pounds Sixteen: Shillings & Tenpence fore Divers goods wares and marchandizes: by ye plt Sold & Delivered to ye Deft &c: and an non est Inventus being returned on ye writte ye plt prayed an attachmt agt ye Estate of ye Deft wch is Granted & Ordered to Issue accordingly

Jno Blish: marcht Comes by Thos Snoden his attorney to prōs his Suite agt Capt Richd Sanderson: of ye precinct of Coratuck in an acc̄on of Trover and Conversion and Declares for Certaine Indian Slaves wch by finding Came to ye possession of ye Defts and the Said Deft by Edwd Moseley his attorney: Comes & prayes an Importance: to ye next Genll Court and he hath it and thereupon it is ordered that it be a Rule of this Court That ye Deft plea to Issue in fact ye next Genll Court

Jno Blish & Compa by Thos Snoden their attorney: Comes to pros: their Suite agt Capt Richd Sanderson in an acc̄on of Trover & Conversion and Declares for a Certaine Indian man: Slave called John Coneway wch in ye first day of apprill: they the Said plts were possessed of as their own proper Goods & Chattles and yt afterward: (vizt) in ye month of June last past by finding came to ye possession of ye Said Deft and the Said Deft by Edwd Moseley his attorney Came and prayed liberty thereof to Importe to ye next Genll Court and he hath it

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and thereupon it is ordered that it be a Rule of this Court That ye Deft plead to Issue in fact: ye next Genll Court

Mr William Swann came into Court and made Tender of a Judgmt obtained agt him at ye Suite of our Soveraign Lady the Queen in July Court last for ye Sume of nine Shillings & one peny and allsoe one other Judgmt obtained agt him at ye Suite of our Said Lady ye Queen in October Court last past: for ye Sume of one Shill and Six pence

A will of Mr Alexander Goodlatts Decd was proved in Court by the oathes of Mr Edward Moseley: and Mrs Elizabeth Hecklefield

Edwd Moseley: Esqr Comes to pros: his Suite agt Thos Sparrow: Gent: in a plea of ye Case and Saith That ye Deft Stands Justly Indebted to ye plt in ye full Sume of forty one pounds Eighteen Shillings & Eight pence current money of No. Carolina as by accot thereof here in Court brought Doth & may appeare &c: and ye Marshall haveing returned an non est Inventus on ye writte ye plt prayed an attachmt agt ye Estate of ye Deft wch was Granted

And then the Court adjourned to the Court in Course

THOMAS MILLER
JOHN PETTIVER
C. GALE
ANTHO: HATCH