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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, 1719 - August 01, 1719
Volume 02, Pages 357-364

[General Court Records.]


28 July 1719

North Carolina ss
Att a General Court held for the sd Province at the Court House at Queen Annes Creek in Chowan Precinct the 28th July 1719 and continued to the 1t of August following
Present Jno Blount & Jno Hardy Esqrs

The Court being opened satt and adjourned till to-morrow morning 8 a clock

July the 29th 1719, The Court mett according to adjournment Present ffredrick Jones Esqr Chief Justice Jno Blount, Jno Blount, Jno Hardy, Thos Miller, Thos Harvey & Jno Worley Esqr Majr Robert West, Benj: West & Thos Pollock Esqr take and subscribe the severall oaths by law appointed & their places in the Court.

Coll Edwd Moseley & Coll Maurice Moore appeard & moved this Court that their appearance might be recorded to save them and their Bail.

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And it was accordingly recorded. They also moved that their Recognizances might for error in the Comittment whereby they stand comitted and for Error in the Recognizances for their appearance. The Court over ruled the Error, and orderd that the Recognizance be continued till the third day of the Court being the day for the Crown business The Court adjourned till to-morrow morning 9 a clock

July the 30th 1719 The Court mett according to adjournment

Present as above

The Grand Jury are Impanelled and sworn

Coll William Maule fforeman

Wm Charleton Senr Saml Phelps, Geo. Winns Wm Crawford Jno. Cotton, Jams Brown, John Plowman Davd Hicks, Samll Pagett, Thos Garrett Griffeth Jones, Thos Rountree, Lazs Thomas, Jams Boon Johnan Evans

Wm Braswell being bound by recognizance to appear at this Court made his appearance and nothing appearing agt him Ordered that he be dismist

Joseph Darden being bound by recognizance to appear at this Court appeard and the sd Darden not being fully satisfyed the Court by the deposition he produced Ordered that he be continued by the Recognizance to appear at the next Court &c

Joseph Darden and Wm Braswell acknowledge themselves to be Indebted to our Sovereign Lord the King in the sum of two hundred pounds current money of Great Brittain to be levyed on their lands and tenemts goods & Chattells with condition

That the sd Joseph Darden shall personally appear before the Chief Justice and Justices for holding the Generall Court of this Province the last Tuesday in October next then and there to answer and give Evidence to such causes matters and things as shall be allegged against and required of him and not to depart the sd Court untill he shall be discharged therefrom then this Recognizance to be Void else to remain in full force and vertue.

Mary Worseley being bound to appear at this Court made her appearance and acknowledged her offences and is fined by the Court the sum of Tenn Pounds for the same which being paid in Court. Orderd that she be dismist.

Upon the Returne of the Grand Jury they Present the following Indictment to the Court.

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North Carolina—ss

To the Honble ffredrick Jones Esqr Chief Justice and to the rest of the Justices for holding the General Court for the Province of North Carolina

The Jurors for our Sovereign Lord the King upon their oaths do present that the seven and twentieth day of December 1718 Edward Moseley of Chowan Precinct in the County of Albemarle in the Province afsd Esqr maliciously Intending and imagining Charles Eden Esqr then Governor. Com̄ander in Chief and Admirall of the Province afsd into the hatred and evil opinion of all his Majts good and faithful subjects ye Inhabitants of this Province to bring and the Good Govermt diligent and just administration of him the sd Charles Eden as Governor to detract asperse and contempt & to move and stir up debates and strifes differences sedition Discord and Dissention within this Province to the endangering the destruction and subversion of the Good Govermt thereof and to the ruin and disturbance of the Kings Peace at Sandy Point in Chowan Precinct afsd advisedly and with malicious and seditious intent against the sd Charles Eden then Governor. He the sd Edwd Moseley did Malitiously openly and contemptuously and Opprebiously in the presence of Divers his Majts good and faithful subjects Inhabitants within this Province speak publish utter and declare these false malitious scandalous Opprebious & seditious words and speeches following vizt I wonder that you (one Jno Blount Esqr a Justice of Peace then there being meaning) should be concerned in so foolish and frivolous a business but 'tis like their Proceedings (the sd Charles Eden the Governor ffrederick Jones Esqr then Chief Justice of this Province & other magistrates and good and faithfull subjects of our Lord the King then being with the sd Governor removing him the sd Moseley and others who had unlawfully taken into their possession the Records of this province, the Journalls of the Councell, the Collony seal the Secretarys office & the papers thereto belonging and they (the said Governor Chief Justice and others meaning) will be ashamed of it They (sd Governor Chief Justice & others with him again meaning) could easily procure armed men to come and disturb quiett & honest men (himself and others who had so possessed themselves of the Record & Office &c meaning) but could not (tho' such a Number would have done) raise them to destroy Thack (one Edwd Thacke formerly a pirate meaning) but instead of that he (the sd Thacke meaning) was Suffered to go on in his vilainies my Comittment is illegal (meaning his being then in Custody by the com̄ands of the sd Governor) It is like the comands of a German Prince. I (himself again

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meaning) hope to see the Governor (the said Charles Eden again meaning) who has so illegally comitted me a Prisoner himself putt in Irons and sent home to answer what he has done here, And I (himself again meaning) will endeavor to blacken his character (the Governor again meaning) as much as is in my power. And then of his farther Malitious and seditious intent to stir up the people & procure the disturbance and ruin of the Kings Peace proceeded appealing to the People & by slanders in these other seditious words and speeches. Is not this a hard case the Liberty and property of the subject is taken away by these Illegall proceedings and you are as lyable to have yours destroy'd as ours now are. To the great scandal & defamation of him the sd Charles Eden Governor of this Province & the Governmt thereof to the moving and incitement of Discord and sedition within this Province & Danger of the subversion of the Laws and Constitution of this Province against the Peace and in Contempt of our Lord the King that now is his Crown and Dignity & Contrary to the form of the statutes in such cases made and provided

DANll RICHARDSON P Duo Rege

Upon the returne of such Indictmt The Question was asked by the sd Moseley's Councill how many of the Jury agreed in the Indictment the fforeman answered all

Coll Edward Moseley informed this Court that he was very credibly informed that sundry reputable Persons in divers parts of the Country to the number of thirty were summoned by the Marshall of the severall Precincts to serve as Grand Jurymen for the body of this Government that the greatest part of them attended but by some practices as the sd Moseley suggested there was but sixteen returned. He therefore moved that this Court would admit him to produce Persons to make proofs of the sumons of Sundry Grand Jurymen that were sumoned and not returned Altho' they were present in Court. Or that the officers might be called and examined on oath concerning the Sumons & Returnes

The Court were of opinion that Mr Moseley might call any evidence to prove any ill practice in the Marshall or any of the Officers but he not doing that & there not appearing anything in this matter contrary to the constant method and practice of this Court for sumoning and Impannelling Grand Jurys and Jurys, and the officers of this Court being upon their oaths in their places. It is the Opinion of the Court that they ought not upon this motion & suggestion to be sworn now & Examined whether they have been guilty of any evil practice in this matter Whereupon the Court ordered the Indictmt to be read which was accordingly read, and

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then the sd Edw. Moseley moved that he might have time till the next Court to answer the sd Indictment and the sd Moseley making oath that he had evidences which he believed Materiall who were out of the Governmt Ordered that the Tryall be referred the next Court and also that the sd Moseley enter into bond with security to appear the third day of the next Genll Court &c

And it is further Orderd that the sd Moseley Plead tomorrow.

Collll Edwd Moseley & Majr Thomas Luten acknowledge themselves to be indebted to our Sovereign Lord the King in the sum of one thousand Pounds each currt money to be levyed on their lands and tenements goods and Chattells with condition that if the sd Edward Moseley do personally appear before our Chief Justice and Justices for holding the Generall Court of this Province at the Court House at Queen Ann's Creek in Chowan Precinct the last Tuesday in 8ber next on the third day of the Court then and there to answer such matters & things as is laid to his charge by Indictment & not Depart ye Court untill he shall be discharged therefrom & that in the meantime he be of his good behaviour then this Recognizance to be void else to remain in full force & vertue.

Adjourned till tomorrow morning 9 a clock


July 31 1719

The Court mett according to adjournmt

Present as before upon the return of the Grand Jury they present the following Indictment to the Court


North Carolina ss.

To the Honble ffredrick Jones esqr Chief Justice and to the rest of the Justices for holding the Generall Court for the Province of North Carolina

The Jurors for our Sovereign Lord the King upon their oaths do present that Maurice Moore Esqr Thos Luten Junr Esqr Joseph Moore Labourer & Edward Moseley Esqr all of Chowan Precinct in the County of Albemarle afsd and Henry Clayton of Pequimons Precinct in the County & Province afsd Gentleman the sixth and twentieth day of December 1718 at Sandy Point in Chowan Precinct afsd with force and armes into a certain dwelling house then in the possession of John Lovick Deputy Secretary of and for this Province wherein the Records of this Province the Journalls of the Councill the Collony seal were then being the Secretarys Office and the Navall Office for the District of Roanoak were then kept did unlawfully enter and the sd house did fasten

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& nail up and him the sd John Lovick from the possession of the sd House, Records, Journall seal and Officers with like force & armes did by the space of twenty hours Riotously hold and keep against the Peace of our Sovereign Lord the King that now is his crown and Dignity & against the force of the Laws in such case made and provided.

DANll RICHARDSON P Duo Rege

Not Guilty Edwd Moseley
M. Moore

To which Indictmt being read Edward Moseley & Maurice Moore Plead not Guilty

Ordered, that Coll Edward Moseley and Maurice Moore give bond with security in the sum of one thousand pounds each for their appearance here the third day of the next Court to answer the Indictment found by the Grand Jury and that in the mean time they be of their good behaviour.

Upon which Coll Edward Moseley and Majr Thomas Luten acknowledge themselves to be indebted to our Sovereign Lord the King in the sum of one thousand pounds each to be leveyed upon their lands & Tenements goods and Chattells with condition. That if the sd Coll Edward Moseley do personally appear here the third day of the next court and answer the Indictment found by the Grand Jury and not depart the Court untill discharged therefrom and that in the mean time he be of his good behaviour then this Recognizance to be void else to remain in full force and vertue

Coll Maurice Moore and Thos Swann acknowledge themselves to be indebted to our Sovereign Lord the King in the sum of one thousand Pounds each currt money to be levyed on their Lands and Tenements goods and Chattells with condition. That if the sd Coll Maurice Moore doe personally appear here the third day of the next Court and answer the Indictmt found by the Grand Jury and not depart the Court untill discharged therefrom and that in the mean time he be of his good behaviour then this Recognizance to be void else to remain in full force and vertue

Upon the motion of the Attorney Generall Ordered, that process do issue to take into custody Thos Luten Junr Joseph Moore Labourer and Henry Clayton untill they give bond with security in the Penalty of one thousand pounds for their appearance here the third day of the next Court to answer the Indictment found against them and Coll Moseley and Coll Moore by the Grand Jury.

Henry Clayton & Thomas Bitterly acknowledge themselves to be

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indebted to our Sovereign Lord the King in the sum of one thousand pounds each to be levyed upon their Lands and Tenements goods and Chattells with condition

That if the sd Henry Clayton do personally appear here the third day of the next Court and answer to the Indictment found by the Grand Jury against him & others and not depart the Court until discharged therefrom, and in the meantime he be of his good behaviour then this Recognizance to be void else to remain in full force and vertue

Thomas Luten Junr and Captn Henry Bonner acknowledge themselves to be indebted to our Sovereign Lord the King in the sum of one thousand Pounds each currnt money to be levyed upon their lands and tenements goods and Chattells with condition

That if the sd Thomas Luten Junr do personally appear here the third day of the next Court & Answer to the indictment found by the Grand Jury against him & others and not depart the Court untill discharged therefrom and in the mean time he be of his good behaviour then this Recognizance to be void else to remain in full force and vertue.

Thomas Boyd being bound to appear at this Court by recognizance made his appearance & nothing appearing against him Orderd that he be Dismist.

The Grand Jury presents John Hassell for living in Adultery many years they likewise present the sd Hassell for Blasphemous words & discourses at several times

Charles Wilks for living in open Adultery

Mary Brinn for keeping Company with Charles Wilks and causing his wife to leave him by threatning speeches

John Wyer for taking away the wife of Thomas Portis & keeping Company with her.

Wm Branch retailing liquor without licence and selling Liquor and Victuals contrary to the Law of this Province

And also Jno White Senr selling Liquor without a Licence.

Orderd' that Venires do issue out agst John Hassell Charles Wilks Mary Brinn John Wyer, Wm Branch & John White Senr to cause them to appear here the third day of the next Court to answer the presentmts of the Grand Jury and that the Attorney Genll have copys of the Presentmts

The Court having asked the Grand Jury if they had any farther presentments to offer and they answering No. Ordered that they be discharged

Adjourned till tomorrow morning 8 a clock

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Augst the 1st The Court mett according to adjournment Present as before Read the orders of the Court and adjourned to the Court in Course