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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 28, 1713 - July 30, 1713
Volume 02, Pages 98-106

[Records of General Court.]


No: Carolina—ss


Att a Genll Court holden for the province afsd att the house of Capt Jno Hecklefields in little river on Tuesday the 28th Day of July Anno Dni 1713.
prsent The Honnoble Majr Christo: Gale Esqr Justice
prsent Capt Thos Relfe Esqr Justice
prsent Thos Miller Esqr Justice
prsent Capt Jno Pettiver Esqr Justice
prsent Antho Hatch Esqr Justice

And then adjourned till ye morrow morning Eight of ye Clock:

Wednesday ye Court meett according to adjournmt

prsent utt Supra

The Gentmen: of the Grand Jury were Sworne & are as followeth (vizt) Mr Jno Relfe Mr Jno ffalinor Mr Richd Devenport Mr Thos Long Mr James ffleming Mr Wm Jones Mr Danl Smith Mr Pat Quidley Mr Wm Scarbrough Mr Saml Paine Mr Pat Callihorne Mr Jno Whitte Mr Thos Harding Mr Wm Right Mr Humphry Vince & Mr Wm Wallston.

-------------------- page 99 --------------------

Nath: Chevin Esqr Comes to prōs his Suite agt James ffleming in a plea of Debt and Saith ye Deft Stands Justly Indebted to him ye plt in ye full Sume of Three pounds five Shill & four pence and the Deft in person appears & Confesses

Ordered that James ffleming pay unto Nath: Chevin Esqr the Sume of Three pounds five Shillings & four pence with Cost als Excon

Nath: Pirkins marcht of Boston by Thos Snoden his attor Comes to prōs his Suite agt Jno Mixon in a plea of Debt & Declares That ye Deft Stands Justly Indebted to ye plt in ye full Sume of Seven pounds Three Shill & Six pence per bill in fresh porke &c: and the Deft by Edwd Moseley his attorney Comes & Defends the force & Injury when &c. and prayes oyer of ye writteing obligatory mentioned in ye plt Declarac̄on & it was read unto him in haec Verba No: Carolina: ss: &cd Whereupon the Deft prayes Judgmt of ye writte & Declarac̄on afsd & ca Because That there is a variance between the plts Declarac̄on and ye Specialty mentioned therein the Declartion not Mentioning that the Said 7-3-6 Should be paid in porke but in Pitch & this he is ready to aver Whereby he prayes Judgmt of ye Writte & Declartion as afsd &c: wch being Considered by the Court here the sd plea: is allowed Good & Suffecient to abate ye writte & Declarc̄on &c:

Ordered that the Suite be Dismist & ye plt pay Costs als Excon

Upon petition of Mrs Ann De La More widdo & relict of ffra: De La More Esqr Dec̄d: Shewing that the Right of administrac̄on of the Goods & Chattles of the sd ffrancis Doth to her belong

Ordered: That She have administrac̄on as prayed and that Capt: Jno Robison Jno Palin Mr Jno Man: & Mr Danl Guthrie or any three of them Doe apprise the Estate of the sd ffrancis De La More Esqr being first Sworne thereunto befor a Majestrate

Capt: Jno Pettiver Esqr Comes to prōs his Suite agt: Cary Godbey in a plea of Debt & Saith the Deft Stands Justly: Indebted to him by his bill or writteing obligatory undr his hand &c: in the full Sume of five pounds &c & the Deft: appears & Confesses according to Specially

Ordered: That Cary Godbey: pay: unto Capt Jno Pettiver the Sume of five: pounds with Costs als Excon

Isaac: Willson by Thos Snoden his attorney Comes to prōs his Suite agt: Wm Johnson in a plea of Debt & Saith the Deft Stands Justly Indebted to him ye Said Isaac in the Sume of Three pounds Six Shillings as per Warr and the Deft: was Called & Came not and a Cepi Corpus being returned on the writte the plt: prayed an ordr agt the Marshall

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Ordered: yt the Marshll of Albemarle County have the body of the sd Wm Johnson at the next Generall Court als Judgmt agt the Marshll

Robison agt Oliver Edwd Moseley attorney of the Deft Saith he is not Informed of any answr to make for the Said Oliver whereby: the sd Jno Robison remains agt the sd Oliver thereof undefended

Ordered That the sd Jno Robison recover agt the Said Oliver the Sume of Six pounds Eight Shillings & a peny halfepeny with Costs als Exc̄on

Edwd Moseley Esqr by Thos Snoden his attor Comes to prōs his Suite agt Wm Redditt in a plea of Debt and Declares that the Deft Stands Justly Indebted to him the sd plt in the full Sume of: one pound Thirteen Shillings & Six pence in fresh Porke as per Warr: and the Deft was Called & Came not whereupon the plt prayed an attachmt agt the Estate of: the Deft wch is Granted

Edwd Moseley Esqr by Thos Snoden comes to prōs: his Suite agt Phillipp Wallston in a plea of Debt and Saith That the Deft Stands Justly Indebted to him the plt in the Sume of one Barrill of Pork as per Warr and the Deft was Called & Came not Whereupon: the: plt prayed an attachmt agt the Estate of the: Deft wch is Granted

Edwd Moseley Esqr by Thos Snoden his attorney comes to prōs his Suite agt Edwd Bryan & declares that the sd Bryan stands justly indebted to him the sd Edward Moseley in the full Sume of one pounds Eighteen Shillings & four pence by his Note or writteing obligatory: and the: Deft being Called: to answr thereunto & Came Not whereupon the plt prayed an attachmt agt the Estate of the Deft wch was Granted

Edwd Moseley Esqr by Thos Snoden his attorney Comes to prōs his Suite agt Thos Man: in a plea of Debt & Saith: the Deft Stands Justly Indebted to the plt in the Sume of: Two pounds Eighteen Shillings & four pence by his noate under his proper hand &c: and the Deft was Called but Came not and thereupon the plt prayed an attachmt agt the Estate of the Deft wch is Granted

Whitte agt Alexandr and the Deft by Edwd Moseley his attor appeares and prayes Liberty thereof to Importe unto the Day of the next Genl Court and he hath it the Same Day is Given to the plt likewise

Capt Jno Byrd by Thos Snoden his attorney: Comes to prōs his Suite agt James Curlee in a plea of Debt & Saith the Deft by his Noate undr his hand Stands Justly Indebted to the plt in the Sume of one pound Seven Shill & nine pence and the Deft was Called to answr thereunto: but Came not and the plt thereupon prayed an attachmt agt the Estate of the Deft wch was ordered accordingly

-------------------- page 101 --------------------

Jno Blish: marcht Comes to prōs his Suite agt Geo: Cooper Deft in a plea of Debt and Declares that ye Deft Stands Justly Indebted unto him the sd Jno in the full Sume of Three pounds one shilling and Three pence: and the Deft was Called but Came not and thereupon the plt prayed an order agt the Marshall.

Ordered that the Marshall: of Albemarle County have the body of ye sd George Cooper att the next Genll Court als Judgmt agt the Marshall and ye marshll prayed an attachmt agt the Estate of ye Deft wch is Granted

Jno Blish: marcht Comes to prōs his Suite agt Jno Powell in a plea of Debt and Declares for ye Sume of fforty Shillings wch the Deft to him Doth: owe &ca: and the Deft was called: & Came not: and thereupon the plt prayed an ordr agt the Marshall:

Ordered that the Marshall of ye County of Albemarle have the body of the sd Jno Powell at the next Genll Court als Judgmt agt ye Marshall

And the Said Marshll prayed an attachment agt the Defts Estate wch is Granted

A Will of Mrs Easter Pollocke Decd was proved in Court by the oath of Mr Robt Hicks att the Instance of Majr Thos Luten Executor there-unto.

Isaac Willson by Thos Snoden his attorney Comes to prōs his Suite agt Jno Whittbey Deft and Saith: that the sd Deft Stands Indebted to him the plt in the Sume of five pounds Eighteen Shillings & a peny halfe peny: and the Deft in person appeares and Confesses

Ordered that Jno Whittby pay unto Isaac: Willson the Sume of five pounds Eighteen: Shilling & a peny halfe peny wth Costs als Exc̄on

Edwd Moseley Esqr Comes to prosecute his Suite agt Jno Davis in a plea of the Case from a Continuance and Saith that the sd Jno Stands Indebted to him the sd Edwd in ye full Sume of Three pounds & Seventeen Shillings & eight pence and the Deft was Called but: appeared not nor any one for him to say: anything in barr: or reterdac̄on of ye said acc̄on whereby the sd Edwd remaines agt the sd Jno thereof undefended, it is therefor Considered & ordered by the Court here that the said Edwd Recover agt the said Jno ye said Sume of Three pounds Seventeen Shill & Eight pence: with Costs of Suite & the Deft in Mercy, &c

Godffrey Sprewell: personall Came into Court and acknowledged a Convayance Containeing one hundred acres of land to Jno Devenport

Ordered to be Registered.

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Willm Wilkerson personally came in Court & acknowledged a Convayance of ffifty Two acres of land to Jno Devenport

Ordered to be Registered

Ebenezer Whitte Comes to prōs his Suite agt Jno Whittbey in a plea of Debt and Saith ye Deft Stands Justly Indebted to him ye plt in ye Sum of Tenn pounds Tenn Shillings in good Pitch or Tarr and the Deft in person appeares and Confesses:

Ordered that Jno Whittbey pay unto Ebezer Whitte ye Sume of Tenn pounds Tenn Shillings wth costs als Excon

upon petition of Wm Booth as marrieing Hester the widdow: & relict of Adam Lewis Decd praying Administrac̄on of the Goods & Chattles of the sd Adam Lewis

Ordered that the Said Wm & Hester have administrac̄on of ye goods & Chattles: of ye sd Adam Lewis: Equally Granted to them both:

Capt Wm Maule: being lawfull: Sums: as a petty: Jury: man & Called Came not: wherefore: it is ordered: by the Court here that the sd Wm Maule be fined the Sume of Twenty Shillings according to Rule of this Court

Jno Jones Carpenter: being lawfully Sumons as a petty Juryman & Called Came not wherefore it is ordered by the Court that the sd Jno Jones be fined the Sume of Twenty Shillings according to Rule of this Court:

The paniell of Jurors: Sworne to try the Issues between Jno Newman plt and obadiah Rich: Deft being Eroniously Impanielled is Discharged from their verditte and they are hereby Discharged

Jno Newman: Marcht by Edwd Moseley his attor: Comes to pros his Suite agt obadiah Rich: Deft in a plea of the Case and Declares that the sd Obadiah Stand Justly Indebted him ye Said Jno in the full Sume of Six pounds Two: Shillings & Eight pence: for & in Consideration of Sundry wares: Goods & marchantizes: Sold & Delivered to him the said obadiah and the Said Deft by Thos Snoden his attorney Comes & Defends & force & Injury when &c: and for plea Saith Nill Debitt perpatrum and for Tryall puts himselfe upon the Country & ye plt in like manner and thereupon it was Comanded the Marshll that he Cause to Come Twelve &c: whome &c: by whome &c: who neither &c and there Came (to Witt) Mr Thos Swann: Mr Griffith Jones Mr Wm Norris Capt Jno Bird: Mr Robt Lowre Mr David Baley Mr Eben: Whitte Mr Wm Whitte Mr Wm Parker Mr Thos Parris Mr Jno fforree and Mr Zach: Keaton who being Sworne Say we of the Jury find for the Deft

Ordered that the Suite be Dismist & the plt pay Costs als Excon

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Samll Sprewell: personally: Came into Court and acknowledged a Conveyance ōf one Hundrey & Seventy acres: unto Joseph Cannons

Ordered to be Registered

upon: motion of: Sarah: Carswell Extrix of ffrancis Carswell praying to prove the last will & Testamt of her Dec̄d Husband ye Same was proved in Court by the oath of Hannah Mansfield: and ye Said Sarah praying appraisers of ye Goods & Chattles of ye Dec̄d

Ordered That Capt Wm Ludfford Mr Jno Woodley Mr Andrew Willson & Mr Cornelias Pitch Patrick or any three of them do appraise the Estate of the Said ffra Dec̄d being first Sworne thereto before the next Majestrate

A power of attorney from: Sarah: Carsewell to Jno Horsall was acknowledged in Court by the Said Sarah: & ordered to be recorded upon motion of Edwd Bonwicke: her Matyes attorney Genll

Ordered that the Marshall take into his Coustody the body of Denis Ryordan untill he answr to Such: matters & things as on her Matyes behalfe shall be objected agt him.

Thos Swann by Thos Snoden his attor: Comes to prōs his Suite agt James McDaniell in a plea of Debt & Saith: ye Deft Doth: owe & Stand Justly Indebted to him the sd Thos in the full Sume of four pounds Six Shillings & five pence and the Deft in prson appeares & Confesses

Ordered that James McDaniell pay unto Thos Swann: the Sume of four pounds Six Shillings & froe pence wth Costs als Excon upon: Motion of Thos Passingham praying to be allowed praying to be allowed for his Travill & attendance: being Sumoned as an Evidence by Thos Swann agt James McDaniell

Ordered: That: the Said Thos Passingham be allowed the sume of Eleven Shillings & Eight pence for Two: Courts: Comeing & goeing and his attendance thereatt

upon Motion of Edwd Bonwicke Esqr her Matyes attoney Genll

Ordered that the Marshll Take into his custody: ye body of Doctr Godfrey Sprewell to answr to Such matters as shall be objected agt him wch being heard and Considered

Ordered that: Doctr Godffrey Sprewell: find Security for his good behaviour till the next Genll Court for ye Sume of Ten pounds upon petition of Jno fforree praying to prove an accot agt the Estate of Vincent Whitte Decd Did prove the Same by his oath &c

Jacob: Overman: personally: Came in Court & acknowledged Coll Edwd Moseley hiss attorney a Dead: of Sale from: Coll Thos Cary: to James Tookes & Coll Edwd Moseley was proved in Court by the oath of Mr Thos Parris

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Ordered to be Recorded

And then the Court adjourned Till the morrow morning Eight of the Clocke

Thursday the Court Meett againe according to adjournmt

an assignmentt of a platte of 304 acres of land was acknowledged in Court by Jno Horsell to Jno Devenport

Ordered to be Registered

a power of attorney from Thos Handrey Marcht of Boston to Jno palin was proved by the oath: of Wm Vaughan & ordered to be Recorded

Coll Wm Reed: by Edwd Moseley his attorney Comes to prōs his Suite agt Wm Russell in a plea of the Case and Saith the Deft Stands Justly Indebted to the plt in the Sume of Twenty pounds Seventeen Shillings & Three pence and the Deft was Called & Came not whereupon the plt by his attorney afsd prayed an attachmt agt the Estate of the Deft wch is Granted

Coll William Reed by Edwd Moseley his attorney: Comes to pros his his Suite agt Wm Russell in a plea of Tresspass and Saith: that the Deft the last Day of June or begining of July anno Dni 1711 by force & armes &c: the plantation or Inclosed Ground or pasture of him the sd plt in Coratuck prcinct Did Breake & a Six year old Bull therefound belongen to him the plt of the price of fforty Shillings Did Take kill & Carry away: and other harmes to him Did Doe: &c: and the Deft was Called to answr thereunto but Came not whereupon the plt by his attorney afsd prayed an attachmt agt the Defts Estate wch was Granted

Miles Cary Gent: of virga Comes by Danl Richardson & Edwd Bonwicke his attorneys to pros his Suite agt James Tookes marcht in an acc̄on of Tresspass: & Contempt agt the forme of a Statute made by the Grand assembly: of this province between the 21th Day of Janry anno Dni 170⅚ and the Eight Day of march then next following: Entitled an Act Consearneing Servants & Slaves: and Saith: That: he ye said James: Doth: harbour; and Detaine a Certaine Negro Man Slave to him the Said Miles belongen; Comonly Called Stephen: Contrary to ye forme of the afsd act &c: and the Deft by Edwd Moseley his attorney Comes & Defendes the force & Injury when &c and for plea Saith Non Cull per patriam and for Tryall: &c whereupon it was Comanded the Marshll That he Cause to Come Twelve &c: whome &c: who neither &c: and there Came (vizl) Mr Thos Swann Mr Griffith Jones Mr Wm Norris Capt Jno Byrd Eben: Whitte Mr Wm Whitte Mr Wm Parker: Mr Wm Swann Mr Henry Speller Mr Richd Smith Mr Robt Hickes and Mr Edmd Gale: who being Sworne Say, we of the Jury find for the plt and thereupon the

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Said Deft by his attorney afsd movd for arrest of Judgmt and Day is Given him Till the Second Day of the next Genll Court &c:

The Gentmen of the Grand Jury made their prsentmts and are Dismist from further attendance at this Court and then the Court adjourned for halfe an hower

at halfe an hower the Court meett againe

Richd Stamp: assignee of Bartho: Phelps Comes to prōs his Suite agt Archable Hartley in a plea of Debt and Saith the Deft Standes Indebted to him the said Richard Soe qualified in the Sume of: Six pounds &c: and the Deft was Called & Came not whereupon the plt prayed an ordr against the Marshll

Ordered that the Marshll of Albemarle County have the body of the Said Archable Hortley att the next Genll Court als Judgmt agt the Marshall.

And the Marshall prayed an attachmt agt the Estate of the Deft wch was granted

A will of Saml Slocombs: being produced in Court proved by the oathes of Ann Brice & Louis Thomas wch Said will mentioneing That his Mother Eleza Smith and his Brother Jno Slocomb & Margreatt Davis to be Genll Legatees and there being no Executor in the Said Will appointed

Ordered That: administration of all & Singular the Goods & Chattles of ye Said Saml Decd be granted unto the Said Eleza Smith Jno Slocomb and Margreatt Davis Cum: Testamento annexo: and that: ffarnifold Green Jno Nellson Jun: Jno Smith & Richd Hill or any three of them Doe apprise ye Estate of the sd Saml Slocomb Decd being first Sworne thereunto befor a magistrate

upon motion of Jno Swaine praying apprisers of the Goods & Chattles of Stephen Swaine Dec̄d

Ordered that Mr Jno ffalinor Mr Thos Clarke Mr James Ward and Mr Joshua Calloway or any three of them Doe apprise the Estate: of ye Said Stephen Swaine Dec̄d being thereunto Sworne before a Magestrate

Mary Lawson: widdow by Thos Snoden her attorney Comes to prōs his Suite agt Jno Rutter in a plea of Debt and Saith That the sd Jno Stands Justly Indebted to her the sd Mary: in the full Sume of Two Barls Pitch & one Barrill: of Tarr and the Deft in prson appeares & Confesses

Ordered that Jno Rutter pay unto Mary Lawson the Sume or quantity of Two: Barrills of Pitch & one Barrill of Tarr according to Specialty wth Costs

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And thereupon sd Mary by her attorney afsd pray by reason of his Insolvency that the sd Jno may be Comitted in Custody of the Marshall: untill he hath paid or Secured to be paid the Said Debt & Costs afsd and it was ordered accordingly.

Jno Robison: & Sarah: his wife & Jno Nixon: Executors of the Last will & Testamt of Jno Harris Dec̄d: Comes to pros their Suite agt Wm Wallston in a plea of Trespass upon the Case & Declares: That: the Deft Stands Justly Indebted to the plt qualified as afsd in ye Sume or Quantity of one Tune of Barrills & five yds of Scotch Cloth &c: and the Deft by Edwd Moseley his attorney Comes & Defends the force & Injury when &c: & prays oyer: of the Lettr Testamentary: and to him it is read in haec Verba. whereupon the Deft prays Judgmt of the Declarc̄on afsd because he Saith that there is Variance or misnomer between the Declar: & the Lettrs Testamentry mentioned there in the Declar: mentioning that one Nickson is one of the Executors & plt to the Declarc̄on whereas in Truth: the afsd Lettrs Testamtry Doe not mention any such person & this he is ready to aver Wherefore he prays Judgmt of the Declarc̄on afsd &c: wch being Considered by the Court the sd plea: is allowed Good & Sufficient to abate the acc̄on and thereupon is ordered that the Suite be Dismist &c

upon petition of Wm Jones

Ordered that the Said Wm Jones be allowed the Sume of Sixteen Shillings & Eight pence for his Travill & attendance Two Courts being Sumoned as an Evidence: by: Jno Robison & Sarah his wife & Jno Mixon Executors of the Last will & Testament of Jno Harris Decd agt Wm Wallston als Excon

Thos Handry marcht of Boston by Jno palin his attorney comes to prōs his Suite agt Richd Morton Late of the precinct of Coratuck Tailour Deft in a plea of Debt and Declares: That the Said Richd Stands Indebted to him the said Thos & comp. in the full Sume of: one pound Seventeen Shillings & a peny in & by his Noate under his hand Dated the 16th Day of Janry anno: 1711: and the Deft was Called & Came not and thereupon the plt by his attorney afsd prayed an attachmt agt the Estate of ye Deft wch is Granted

And: then: the Court: Adjourned to the Court in Course

C. GALE Ch: Just:
JOHN PETTIVER
THOMAS MILLER
ANTHONY HATCH