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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 27, 1713 - October 30, 1713
Volume 02, Pages 107-116

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North Carolina—ss
Att a Genll Court held for the province afsd at the house of Capt Jno Hecklefields in Little River on Tuesday the 27th Day of Octor Anno Dino 1713

Present the: Honable Majr Christo: Gale: Esqr Chiefe Justice and his associates

The Court being Called Wm Armure: bound over by Recognizance made his appearance: at the prayer of the Informant is Dismist wth out Day And then Court adjourned till ye morrow morneing Eight of Clocke

Wednessd att Eight of ye Clock ye Court Meett & Satt

prsent uttsupra:

And now here at this Court came Jno Blish by Thos Snoden his attorney & prayd that ye Marshll would bring forth: ye body of Geo Cooper according to order of ye last Court wherein haveing failed ye plt prayd that Judgmt might be Confirm'd agt ye Said Marshll Ordered yt ye Marshll of Albermarle County pay unto Jno Blish: marcht the Sume of Three pounds one Shill & three pence with Cost alias Excon and ye Marshll prayed Cont: of ye attachmt agt ye Estate of ye Deft wch was Granted

And now: here att this Court Came Jno Blish marcht by Thos Snoden his attorney and moved that the Marshll would bring forth the body of Jno Powell according to order of ye Last Court wherein haveing failed The plt by his attorney afsd prayed that Judgmt might be Confirmed agt the Said Marshll

Ordered that: the Marshll of Albermarle County pay unto Jno Blish: marcht The Sume of Two pounds with Costs: alias Exc̄on And the Marshll prayed Continuance of ye attachmt agt ye Estate of ye Deft which was Cont: accordingly

And then the Court adjourned for an Hower

According to adjournmt the Court meet and Satt

Henry: Speller marcht by Thos Snoden his attorney: Comes to prōs his Suite agt Jno Relfe: in a plea of Debt and Saith the Deft Doth owe and Stand Justly Indebted to him ye plt in ye full Sume of Twelve pounds as by his Certaine bill under his proper hand may appear and the Deft in person appeares & Confesses.

Ordered that Jno Relfe pay unto Henry Speller the Sume of Twelve pounds with Costs als Exc̄on

Jno Relfe by Edwd Bonwicke his attorney Comes to prōs his Suite agt Henry Speller marcht in a plea of ye Case & Saith: the Deft Stands

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Justly Indebted to him ye plt the Sume of Seven pounds fifteen Shill by accot here ready to make appear and ye said Deft Saith nothing in barr or Retardation of ye Said acc̄on Wherefore ye said plt remaines agt ye Said Deft thereof undefended therefor it is Considered by the Court here yt ye sd plt recover agt the Said Deft the Said Sume of Seven pounds fifteen Shill with Costs als Exc̄on

Jno peny: marcht was Called to prōs his Suite agt Lieut Coll Theophelous Hastings but Came not whereupon ye Deft by Danl Richardson his attorney prayed an non prōs

Ordered that ye Suite be Dismist & ye plt pay Costs als Exc̄on.

Jere: Symons by Danl Richardson attorney Comes to pros his Suite agt David Northy: Deft in a plea of ye Case and Saith the Deft Doth owe & Stand Justly Indebted to him ye plt in the Sume of Ten pounds and the Deft was Called but came not and ye plt thereupon prayed an order agt the Marshll

Ordered that ye Marshll of Albermarle County have ye body of the Said David Northy att the next Genll Court als Judgmt agt the Marshall:

And the Marshll prayed an attachmt agt ye Estate of ye Deft which is Granted.

Griffith Jones of ye precinct of pasquotank Comes to pros his attachmt agt Jno Creach: of ye Same place and the Deft was Called & Came not and the Marshll haveing returned attacht of the Defts Estate one yeareling Colt: and one blacke and Whitte Cowe marked on the Right Eare wth a Cropp and on the left wth and under Keell wth a Calfe by her of ye Same Collour unmarked and the plt thereupon proved an accot by his oath: agt ye Deft ye ballance whereof was Two pound Seven Shill: and Ten pence

Ordered that ye Goods attached be Condem'd to Satisfye ye afsd Debt And Costs to ye Said Griffith Jones and that ye Marshall have ye Same apprised according to act of assembly

Jonathan Bateman personally Came into Court & accknowledged a Convayance of one Hundred & fifty one acres of Land Lyeing in Cuseopernon unto Jno Birkett

Ordered to be Registered

And now here at this Court Came Richard Stamp: and moved that ye Marshll would bring forth ye body of Archable Hartley according to order of ye last Court wherein haveing failed ye Plaintiff prayd that Judgment be confirmed against ye Said Marshall according to ye afsd order

Ordered that ye Marshall of Albemarle County pay unto Richd Stamp ye Sume of Six pounds with Costs als Excon

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And the Marshall pray'd Continuance of ye attachment against ye Estate of ye Defendant wch is Cont: accordingly.

Willm Lewis of ye County of Bath by Edwd Moseley his attorney Comes to prōs his Suite against Coll Wm Brice and Saith the Defendant Stands Justly Indebted to him ye Said Plaintiff in ye Sume of fourteen pounds &c and the Defendant was called but Came not & thereupon ye Plantiff prayd an ordr against ye Marshall

Ordered that ye Marshall of Bath County have the Said Coll Wm Brice at ye next Genll Court alias Judgment against ye Marshall

And now here at this Court Came Samuel Holland marcht by Tho Snoden his attorney and moved that ye Marshall would bring forth the body of Wm Luffman according to order of the Last Court wherein haveing failed the Plaintiff prayd that Judgment might be Confirm'd against the Said Marshall

Ordered that the Marshll of Albermarle County pay unto Saml Holland the Sume of five pounds Eighteen: Shillings wth Costs alias Exc̄on

And ye Marshll prayd Continuance of ye Attacht agt ye Estate of the Deft wch is Cont: according

Jacob Overman of ye precinct of pascotank weaver Comes to prōs his Suite agt Geo: Scarbrough in a plea of Debt and Saith ye Deft is Justly Indebted to him the plt ye Sume of one pound Seventeen Shillings & Six pence as by his bill under his hand Doth & may appear and the Deft appeare in person and Confesses accordington Specialty

Ordered that Geo: Scarbrough pay unto Jacob Overman the Sume of one pounds Seventeen Shill & Six pence wth Costs alias Exc̄on

and now: here at this Court Came: Capt ffrad Jones by Edwd Moseley his attorney & moved that the Marshll would bring forth ye body of Emanl Cleave according to ordr of ye Last Court wherein having failed the plt by his sd attorney pray'd that Judgmt might be Confirm'd agt the s'd Marshll for the Debt & Damages afsd

Ordered that ye Marshll of Bath County pay unto Capt ffrad Jones the Sume of ffifty Six pounds Twelve Shilling & five pence wth Costs als Exc̄on

A will of Gilbert Goodales was proved in Court by the oaths of Mr Wm Stevens: & Margreat Slatter at ye Instance of Richd Whittbee Excutor thereunto

Capt Jno Robison: Comes by: Edwd Bonwicke his attorney to prōs his Suite agt Martin: ffrancke Deft in a plea of Debt and Saith: that ye Deft afsd stand Justly Indebted to him ye plt in ye Sume of Twenty four pounds Thirteen Shill & four pence as by his: Certaine bill undr his

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proper hand Doth and may appeare and ye Said Deft in person appeares: & Confesses for Twenty Three pounds Twelve & Eight pence.

Ordered that Martin ffrancke pay unto Capt Jno Robison ye Sume of: Twenty Three pounds Twelve: Shill & Eight pence with Cost alias Exc̄on

Upon: petition of Ezeriunn Parker praying to be allowed for his Travill & attendance being Sumons as an Evidence by Jno peny agt Lieut Coll Theophelous Hastins

Ordered that ye Said petitionr be allowed for Two days Comeing & Two dayes goeing and one dayes attendance according to act of assembly made & provided

Danl Guthrie Comes to prōs his Suite agt Christo: Bailes in a plea of Debt and Saith the Deft Stands justly Indebted to ye plt in ye Sume of Ten pounds and a non est Inventus being returned on ye writte the plt prayed an attachmt agt the Estate of ye Said Deft wch was Granted

Mary Lawson Extrix agt Bartho Phelps and the Said Deft in person Comes & prayes a Speciall Importance to ye next Genll Court and he hath it and upon motion of ye plt by her attorney afsd

Ordered that he Continue in Custody of ye Marshll untill he give Securety for his appearance at the next Genll Court

Watt: Price assignee of Jno Thos Comes to prōs his Suite agt adolphus Hanson and Saith the Deft Stands Justly Indebted to him the plt in ye afsd quality the sume of four pounds as per warr and ye Deft was Called & Came not according to returne of ye writte and ye plt thereupon prayed an order agt ye Marshll

Ordered: That: the Marshll of the County of Albemarle have the Body of The Said Adolphus Handson at the next Genll Court alias Judgmt agt ye Marshall

And the Marshll prayed an attachmt agt The Estate of ye Deft wch is Granted

Mary Lawson: Extrix of the Last will & Testamt of: James ffewox: Decd: Comes to prōs her Suite agt Jno ffisher and Saith ye Deft Stands Justly indebted to ye plt in ye Sume of Six pounds as per warr: and an non est Inventus being returned on the writte ye plt prayed an attachmt agt ye Estate of ye Deft wch was Granted

Jno Hollum by Thos Snoden his attorney Comes to prōs his Suite agt Jonatha: Bateman in a plea of Debt and Saith the Deft Stands Justly Indebted to ye plt in the Sume of Eight pounds as per warr and the Deft in person appeares and Confesses

Ordered that: Jonath: Bateman pay unto Jno Hallum the Sume of Eight pounds with Costs alias Excon

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Upon petition of: Jacob: Overman

Ordered that ye sd Jacob: Overman be allowed ye Sume of five Shill & Tenn pence for his Travill & attendance being Suc̄oned as an Evidence: by Wattkin price agt adolphus Hanson

And now here at this Court: Came James Tookes by Edwd Moseley his attorney: and gave here in Court the following reasons in arrest of Judgmt &c:

1st The Verditte is Ill: the Jury: Carying wth them: Severall papers Dispositions &c wch were not read in Court: Sealed up: & Delivered by the Court to the Jury

2ly Those papers had they been: read ought not to have been Caryed from ye Barr by the Jury

3ly Judgmt ought not to be affirm'd on that Verditt it being an ill verditt not finding wt ought to have been found:

4ly The Declarac̄on Containes Duplicity of matter

5ly The Declarac̄on is not: Certaine percise mention: not being made: of ye quantity of time wch the negro: is Saith to be kept:

6ly The act: or penall Statute upon wch This acc̄on is founded Doth not warrant or mainetaine ye Declarac̄on as layd by the plt whereupon ye Deft afsd for ye Reasons afsd prayed ye Judgmt may be Sett a Side: and ye plt by his attorney: moved That the Deft might make Affidavit to the reason aforesd as the rule of ye Law: in that Case: Directs there being matter of fact Contained in them Whereupon the Deft waved those reason wherein the matter of fact: was Contained and Insisted on the matter of Law only: wch being Argued on Both Sides the Court resolved to advise thereon till tomorrow morne 10 of ye Clocke

And then the Court adjourned for an hower att an hower the Court mett & adjourn'd till ye morrow Eight of ye Clocke

Thursday morne Eight of ye Clocke ye Court meett & Satt

Bartho: Phelps personally: Came into Court: & acknowledged a Conveyance: of: Two: Hundred & fifty: acres of Land unto: Willm Whitte

Ordered to be Registered

Jno Porter: assignee of Thos Collings by Edwd Moseley: his attorney Comes to Prōs his Suite agt Thos Averitt and Saith the Deft Stands Justly Indebted to the plt the Sume of Twenty pounds as per warr: and the Deft appeares and confesses according to Specialty

Ordered that Thos Averitt pay unto Jno Porter ye sum of Twenty pounds with Costs alias Exc̄on

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Smith: wicke agt Haughton

And the Said plt by his attorney Comes and prayes an: Imparlance unto the next Genll Court and it is Granted

Thos Harris Geo: Scarbrough: Jno Relfe Wm̄ Stephen. Ambrous McCoy were lawfully Sumoned on ye petty jury: being Solemnly Called Came not and thereupon it is ordered that ye Severall persons above named be fined The Sume of Tenn: Shill Each: according to Rule of this Court

and then the Court adjourn'd for an hower

Att an hower the Court mett and Satt

In: the acc̄on: Depending between: Miles Cary: plt & James Tookes Deft Cont: Till This Day 10 of ye Clocke for the Court to advise on and the Court haveing advised and considered the Severall reasons and allegations offered by the Deft in arrest of Judgmt Itt is ye oppinion of this Court That the Said reasons ought to be overruled & they are hereby Over Ruled and thereupon it is

Ordered: That: James Tookes pay & Deliver to the Said Miles Cary: the Said Negro Slave named Stephen as alsoe the Sume of Ninty: Two pounds Ten. Shill for a hundred Eighty: five Day: Detaineing of the Said Slave: Conrary to ye forme of an act of assembly in that Case made & provided alias Exc̄on And thereupon the Deft by his attorney afsd prayed an appeale to the Honble Court of Chancery wch is Granted the Deft giving Security: to prōs his Said appeale: with Effect

Whereas it is Testifyed to ye Court here That a Judgmt hath been recovered by: Capt Jnō Norton agt James Bowman Black: Smith in precinct Court of Coratucke for ye Sume of Three pounds forteen: & Ten pence wth Costs of Suite and the Said Deft is Departed the Said precinct: Soe that by: any precept of ye Said Court he Cannot be Taken Testatum Ca: Sav: awarded

Whereas: it is Testifyed to the Court here That: a Judgmt hath: been recovered by Capt Jnō Norton agt James Bowman, Black Smith in the precinct Court of Couratucke, for ye Sume five pounds one Shill: & five pence: wth Costs of Suite and the Said Deft is Departed the Said precinct: Soe that by any precept of that Court he Cannot be Taken Testatum Ca: Sa: awarded.

A power of attorney: from Jno Smith marcht to Coll Thos Boyd was proved in Court by the oath of Tobias Knight Esqr

Ordered to be Recorded

A power of attorney from Ebenezr Whitte to Mr Danl Guthrie was proved in Court: by the oath: of James Dange

Ordered to be Recorded

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Micajah: Perry: & New: Pinsilvania Compa agt Thos Petterson: Capias adcomputandum awarded

Upon: Informac̄on of Edwd Bonwicke attor Genll That Robt Morgan Jno Sawyer Senr Jno Sawyer Junr: Edwd Williams Richard: Hastings & Robt Sawyer Did utterly refuse to pay: the fine of five pounds Each: Due from them by an act of assembly: for not Goeing to ye Indian warr and in Contempt of ye Said Act: Did by force & armes Rescue and Take from the Marshll Divers Goods on wch he had made Distress for ye Same persuant to ye Said act thereupon an order of Councill was Derected to ye Sd Marshall to Take the afsd Delinquents into Custody: to give Security: for their appearance at this Court and the Sd Delinquents not appeareing a Capias is awarded

Martin ffranke: Came into Court: & Discharged the Judgmt obtained agt him this Court by: Capt Jno Robison for ye Sume of Twenty Three pounds Twelve Shill: & Eight pence: with Costs of Sute

Mary Lawson Extrix of the Last will & Testament of Geo: Gladstaine Dec̄ed by Thos Snoden her attorney: Comes to prōs her Suite agt: Wm Whitte and saith the Deft Stands Justly Indebted to her ye plt qualified as afsd one young Maire of Two: yeares old: as by a Certaine written Obligatory undr his proper hand may appear; and the Said Deft in person appeares & Confesses according to Specially

Ordered: that: Wm Whitte pay unto Mary Lawson in her quality afsd one young maire of Two yeares old or the value thereof with Costs als Exc̄on

And now here at this Court Came: Issac: Willson: by Thos Snoden his attorney: & moved that the marshll would bring forth: the Body: of: Wm Johnson: according to order of the last: Court wherein haveing failed the plt prayed that Judgmt might be Confirm'd agt the said Marshall

Ordered That The Marshll of ye County: of Albermarle pay unto: Isaac: Willson the Sume of Three pounds Six Shill with Costs: alias Excon

And the Marshall: prayed a Continuance of the attachmt agt the Estate of ye Deft which was Granted

Jno Blish Marcht Comes by Thos Snoden his attorney to pros his Suite agt Capt Richd Sanderson in an acc̄on of Trover & Conversion & Saith That he the plt on the first Day of apprill last past was Seized & possessed of one Indian woman Slave named Ann & one femeal Child as his own proper good & Chattles and being so Seized & possessed as afsd the afsd Slaves afterwards (vizt) in ye month of June last past by finding

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Came to ye Custody & possession of ye. Deft Nevertheless the Deft very well knowing the afsd Slaves to be ye proper lawful: & Rightfull Estate & Inheritance of ye plt yett minding & Intending the plt of ye Same wholey: to Deprive & Defraud the afsd Indian Slaves to ye plt to Deliver or restore hath hitherto Gainsayed & Doth as yett Gainsaye: to ye plts Damage Sixty pounds &c: and the Deft by Edwd Moseley his attor Comes & for plea Saith Non Cull. and for Tryall putts himselfe upon the Country and ye plt in like manner Whereupon: it was ordered the Marshll that he Cause to Come to morrow morneing eight of ye Clocke Twelve &c whome &c by whome &c who neither &c & on the morrow Eight of ye Clocke there came (vizt) who being Sworne say: wee of ye Jury find for the plt 30£ and the Deft by his attorney afsd moved in arrest of Judgmt and for these Causes; for that the time & place of ye Conversion in not mentioned in the plts Declarc̄on and the matter being Debated on both sides & Considered by the Court here it is the oppinion of this Court that Judgmt ought to be therefor Stayed: & it is hereby Stayed &c

Thos Pendleton: by: Danl Richardson his attorney: Comes to pros his Informac̄on agt Daniell Guthrie: and Saith that: Whereas In: & by an act: made by The Grand assembly: of this province between ye 21th day of Janry: Anno Dni 170⅚ and the Eight day of March then next following Intitled an act Consearneing Servants & Slaves by wch Said act, it was (interalia) Enacted in ye following or the like words (vizl) and be it further enacted by the authority afsd That whosoever buy sell Trade or Trucke Borrow or lend to or with any Servant or Servants Slave or Slaves wthout the Lycence or Consent: of his or their: master or owner for any Comodity whatsoever Shall forfeit & pay: for every: Such offence Ten pounds to be recovered as afsd as in & by the Said act relac̄on being thereunto had Doth & may more fully appear: Notwthstanding wch sd Danl Guthrie & Mary his wife of ye prcinct afsd & wthin the Jurisdiction of this Court: & Especially she The Said Mary: the afsd act nothing or regarding but ye Same & the Authority thereof altogether Dispiseing and as well in Contempt thereof as Contrary to ye purport: True Intent & meaneing thereof: She ye Said Mary Did in ye month: of June last past on a Sabath Day Deale Trucke & Trade to & with a negro: woman to him the said Thos pendleton belongen Comonly Called or known by the name of Jenny: and of her Did Take & receive Two: Sticks of whalebone to ye value of Two: Shills in Considerac̄on whereof She the Said negro woman Did or was to have & receive of her that Said Mary Two: fouls or Dunghill Cockes wthout ye Leave Lycence

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Consent or knowledge of of him the Said Thos pendleton and as well to the Great Damage of him ye Said Thos pendleton as Contrary to ye True Designe of ye afsd act whereupon &c and the Said Deft by: Thos Snoden & Edwd Bonwicke his attorney Comes to ye Plts Informac̄on: Doth: Demurr: wch being Joyned by the plt and Argued on both sides: and the Court have Considered ye Severall Causes offerd by the Deft it is ye oppinion of this Court that ye Said Demurrer ought to be overruled & it is hereby over Ruled and thereupon the Deft by his attorneys afsd moved for an arrest of Judgmt till ye next Genll Court & it is Granted

Concordatur

Upon petition of Thos Bateman & Mary his wife

Ordered that ye Said Petitioners be allowed the Sume of Eight Shill: & four pence Each for their Travill & attendance being Sum̄s as Evidence by Jno Butler agt Jonath Bateman als Excon

Jno Bailes Robt Temple Jno Birkitt Edwd Smithwick being lawfully Sumons on ye Grand Jury: were Sollomly Called Came not and thereupon it is ordered That the Said persons be fined ye Sume of Twenty Shill Each according to Rule of this Court

And then the Court adjourned till the morrow morneing Eight of the Clocke

ffryday morne Eight of ye Clocke the Court: meett & Satt

Jno Porter: by: Edwd Moseley his attor Comes to pros his Suite agt Jno Salley: and Saith: That he the Deft Doth owe & Stand Justly Indebted to ye plt in the full & just Sume of forty nine pounds. Three Shill: & Six pence halfe peny: as in & by accot Settled and adjusted: between them: Doth appear &c and the Said Deft was Called & Came not according to returne of ye Writte whereupon the plt prayd an order agt the Marshall

Ordered that the Marshall of ye county of Albemarle have the body of the sd Jno Salley at the next Genll Court alias Judgmt agt the Marshll

Mary Porter widdow: & Jno Porter Executors of ye last will & Testament of John Porter Decd: Comes by Edwd Mosely their attor to prōs their Suite agt John Salley in a plea of Debt & Saith that the Deft by one writteing obligatory under his hand Dated the 15th of Octor 1710 Did acknowledge himselfe to Stand Indebted to ye said Jno porter Decd the Sume of Seventeen pounds & Ten pence: in Sundry Species of this Country as per warr. and the Deft was Called and Came not wherefor the plt prayd an order agt the Marshall

Ordered that the Marshall of the County of Albemarle have the body of the Said Jno Solley at the next Genll Court alias Judgmnt agt the Marshall

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May porter widdow and Jno porter Executors of the Last will & Testament of Jno Porter Decd by Edwd Moseley their attorney Comes to prōs their Suite agt Jno Salley in a plea of ye Case and Saith That The Said Deft Stands Justly to ye plts in their quallification the Sume of ffifty pounds Eight Shillings & a peny in Skins at Two Shill per pound: for Divers wares Goods & marchandizes by the sd Jno Porter Decd: Sold and agreed for to & wth ye Deft &c and the Said Deft was Called & Came not according to the returne of the writte wherefore the plts by their attorney prayed an order agt ye Marshall

Ordered that the Marshall of the County of Albemarle have thee body of the said Jno Salley at the next Genll Court alias Judgmt agt the Marshall

Henry Speller: James Thiggpen & Bartho Phelpes being lawfully sumoned on the petty jury: Solemnly Called made Default

Ordered that the said persons be fined the Sum of Tenn Shillings Each according to rule of This Court

And then the Court adjourned for an hower

att an hower the Court meett and adjourned to the Court in Course

C. GALE Ch: Just