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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 29, 1719 - November 03, 1719
Volume 02, Pages 364-371


North Carolina ss
Att a Genll Court held for the sd province at the Court House at Queen Ann's Creek in Chowan Precinct the 29th Octobr 1719 & Continued to the 3d day of Novemr following

Present ffredrick Jones Esqr Chief Justice
John Blount Esqr
John Hardy Esqr
John Palin Esqr
John Worley Esqr
Thos. Pollock Junr Esqr
Maj Robert West Esqr

The Grand Jury are impannelled and sworn

John Bell fforeman

Thos Ashley, Samll Phelps, John Williams Lews Davis Thos Ball, Michll King, Martin Gardner Jams Rutland Griffeth Jones, Wm Willson Lan. Magne Jam̄ Bell Edwd James Edward Moore Johna Evans John ffalcenar

Collll Edward Moseley being bound by Recognizance to appear at this Court to answer an Indictment found agst him by the Grand Jury last Court made his appearance Maurice Moore being bound by Recognizance to appear at this Court to answer an Indictmt found agst him by the Grand Jury last Court made his appearance Thos Luten Junr being bound by Recognizance to appear at this Court to answer an Indictmt found agst him by the Grand Jury last Court made his appearance. Collll Edward Moseley being bound by Recognizance to appear at this Court to answer an Indictment found agst him and others by the Grand Jury last Court made his appearance.

Henry Clayton being bound by Recognizance to appear at this Court to answer an Indictmt found agst him & others by the Grand Jury last Court made his appearance

Which Indictmt being read Henry Clayton & Thos Luten Junr severally pleaded not guilty

Ordered that Collll Edward Moseley appear at this Court tomorrow morning 10 a clock upon his Recognizance

Ordered that Collll Edwd Moseley, Maurice Moore Thoss Luten Junr & Henry Clayton appear at this Court tomorrow morning Ten a clock upon their afsd severall Recognizances

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The Grand Jury presents Thos Spivy Abra: Spivy Benj: Spivy and Jacob Spivy for Hogg stealing by the Information of Nicho Hunter Robt Chappell & Mary Chappell Evidences.

The Grand Jury presents Abram Spivy for mismarking of Hoggs by the information of Nicho Hunter Richd Bond Wm Ashley & Jos. Ashley witnesses

The Grand Jury presents Thos Spivy, Abram Spivy Benjn Spivy & Jacob Spivy for breaking the Sabbath informd' by the oath of Mary Chappell

The Grand Jury presents Jams Boulton cohabitting with and seducing Mary Jennings the wife of Wm Jennings Senr from her husband by the Information of John Bell

The Grand Jury presents Henry Pendleton for breaking the Sabbath by the Information of John Bell

The Grand Jury presents Eml Low for breaking the Sabbath with three of his Negros with him by the information of James Bell

The Grand Jury presents John Relf & Edwd ffaircloth Overseers of the road for not keeping the roads in repair according to Law by the information of Jo. Cooper.

The Grand Jury presents Benjn West for breaking the Sabbath by his negros working on the Sabbath by the Information of Jams Bell.

Ordered that venires do issue out agst Thos Spivy Abram Spivy Benj. Spivy. Jacb Spivy Jams Boulton Henry Pendleton, Emll Low. John Relf Edwd ffaircloth & Benjn West to cause them to appear the third day of the next General Court to answer the presentmt of the Grand Jury. And that the Attorney Genll have Copys of ye Presentmts

The Court haveing ask'd the Grand Jury if they had any farther Presentmts to offer and they answering No. Ordered that they be discharged.

Adjourned till to-morrow morning ten a clock


ffriday 8ber 30th 1719

The Court mett according to adjournment. Present as before. Read the orders of the Court

Danll Richardson Esqr Attorney General comes to present an Indictmt found by the Grand Jury last Court agst Collll Edward Moseley in these words to witt The Jurors for our Sovereign Lord the King upon their oaths do present that the seven & twentieth day of December 1718 Edward Moseley of Chowan Precinct of the County of Albemarle of the Province afsd Esqr &c as by the sd Indictmt here upon record doth appear to which he then pleaded, which said plea being lost or embezled cannot

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be had but the Court being assured the sd Plea is not Guilty saving to himself all lawfull advantages & putting himself upon the Country for Tryall and which sd plea was Joyn'd by the Attorney Generall afsd to which he the sd Moseley was this day call'd and appear'd according to Order yesterday and mov'd the Courts opinion whether he was regularly here in Court this day to which the Courts opinion is that he the sd Moseley is Regularly here in Court this day. Whereupon the sd Edward Moseley desires the Court to Consider whether the Entry made this day of the plea to this Indictmt is the same plea as he delivered in writing the last Court according to their order and which was Joyn'd & subscribed by the Attorney Generall for the sd Edward Moseley saith It contain'd more than a Bare. Not Guilty for it contained a Protestation and saving to himself all advantages of exception to the whole Proceedings on this Case and desires the sd plea may be referred to which being impossible It is the Resolve and opinion of this Court that the prosecution of his Majts suit ought not to fall for want of the plea putt into the last Generall Court by the said Moseley which hath either been lost or Imbezled by the Clark but as the Court is well satisfyed that the Plea was Generall Issue Not Guilty saving to the sd Moseley all lawfull advantages they ought to proceed on his tryall. Whereupon it was Comanded the Marshall that he cause to come twelve &c by whom &c who neither &c And there came (viz) Mr Jams Castellaw Edwad Carter, Thos Blitchendon Lewis Skinner, John Jennet Robert Patterson, George Turnage. Moss Hill Jno Bentley, Thos Elliot Richard Willson Edward Wingate who being sworn say. We of the Jury find Edward Moseley Guilty of speaking the words contain'd in the Indictmt according to the evidences and if the Law be for our Sovereign Lord the King then we find him the sd Edward Moseley Guilty, but if the Law be for the sd Moseley then we find him not Guilty.

Whereupon the Councell for our sd Lord the King moved the Court to assign a time when the matter of Law shall be argued and this Court has appointed time now being Satturday the 31 of this Insts Ten a clock

And upon motion of the Attorney Generall Order'd that the said Edward Moseley be Continued upon the same Recognizance by which he stood bound in the above Suit for Scandalous words &c till tomorrow being satturday the 31 of this Inst Ten a Clock

Collll Edward Moseley being call'd to answer the Indictment found agst him & others &c made his appearance according to the order Yesterday of this Court Order'd that he be continued upon the same Recognizance till tomorrow 10 of the Clock being the 31st of this Instant

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Coll Maurice Moore being call'd upon his Recognizance continued by Order of this Court to this day made his appearance. Order'd that he be Continued upon the same Recognizance till tomorrow morning 10 of the clock being the 31st of this Inst

Thomas Luten Junr being call'd upon his Recognizance continued by order of this Court to this day made his appearance. Order'd that he be continued upon the same Recognizance till tomorrow 10 of the clock being the 31st of Instant.

Henry Clayton Gent. being called upon his Recognizance continued by order of this Court to this day made his appearance Order'd that he be continued upon the same Recognizance till tomorrow 10 of the clock being the 31st of this Instant.

And then the Court adjourned till Satturday ten a clock.


Satturday 8ber 31 1719

The Court mett according to adjourmt Present as before Read the Orders of the Court

Upon Mr Edward Moseley's troubling the Court with severall unnecessary motions. It is resolved by the Court that they will not stuff the Record with his motions, but that he shall have full Liberty to Plead everything that is pertinent to his Tryall.

And now here at this day came the Councill for our Sovereign Lord the King &c and Edward Moseley Defendt according to the time assigned by the Court for Argueing the matter of Law in the suit depending between the Plt & Deft afsd and the same being fully argued and Debated on both sides, the Court adjourned for half an hour to consider thereon.

The Court mett according to adjournment.

And this Court having advised with themselves and well and Duely considered the arguements on both sides and the Verdict of the Jury last might do find & adjudge the Law is for our Sovereign Lord the King Plt

The Attorney Genll moved for Sentence

And thereupon the Court take time untill munday morning next ten of the clock to consider of the sentence

And upon motion of the Attorney Genll Orderd that the sd Edward Moseley be continued upon the same recognizance by which he stood bound in the above suit for scandalous words &c. till munday morning ten of the clock

Collll Edward Moseley being calld to answer the Indictmt found agst him and others &c made his appearance according to the order yesterday of this Court.

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Orderd' that he be continued upon the same recognizance till Munday morning next ten of the Clock

Collll Maurice Moore being calld' upon his Recognizance continued by Order of this Court to ys day made his appearance.

Orderd' that he be continued upon the same Recognizance till Munday morning next Ten of the Clock

Thos Luten Junr & Henry Clayton being calld' upon their Recognizances continued by order of this Court to ys day made their appearances.

Orderd that they be continued upon the same Recognizance till Munday morning next ten of the Clock.

Adjournd till Munday morning next ten of the Clock


Munday Novr 2 1719

The Court mett according to adjournment. Present as before save only Robt West Esqr

Collll Edward Moseley being calld' to answer the Indictmt found agst him for scandalous words &c made his appearance according to the order of this Court Satturday last and the Attorney Genell moved for Sentence upon ye Indictmt upon which he had by the Court and Jury been found Guilty

And it being asked the sd Moseley if he had anything to say in stay of the sd sentence answerd' that he would not trouble the Court any further but submitt himself to them upon which the Court adjournd' for half an hour to advise and consider theron, The Court mett according to adjournmt, And this Court having well and Duely considered the Indictment throughout the Evidences produced in the whole Tryall the Verdict of the Jury found thereon and the Arguements and law both on behalf of the King & upon Edward Moseley Esqr Deft have adjudged the law to be with the King

It is therefore considered and adjudged by the Court that ye sd Edward Moseley pay a fine of one hundred pounds and be incapable of bearing any office or place of Trust in this Government for three years and give bond with sufficient security in the sum of two hundred pounds for his good behaviour a year and a day and that he be taken into Custody untill he perform the same.

Daniel Richardson Esqr comes to present an Indictmt agt Maurice Moore Esqr Thos Luten Junr Esqr Edward Moseley Esqr all of Chowan Precinct in Albemarle County & Henry Clayton Gent. of Pequimans Precinct in the County afsd and saith as in and by the sd Indictment remaining upon Record doth appear became bound by Recognizance to

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appear this Court & being calld according to the sd Recognizance they all severally appeard & upon their motions to the Court had leave to raise out the word (not) which accordingly they did and pleaded Guilty to the sd Indictment and throw themselves upon the mercy of the Court. Whereupon the Court askes time till tomorrow morning to consider thereon. And then adjournd till tomorrow morning Ten a clock, Tuesday Novr the 3d 1719 The Court mett according to adjournmt Present as before ffredrick Jones Esqr Ch: Justice Excepted.

And the Court having considered the Indictmt with regard to the severall aggravations of the persons therein mentioned & the sd Persons Plea & throwing themselves upon the mercy of the Court. Have ordered and gave Judgment that the sd Coll Maurice Moore pay a fine of five pounds and Mr Thos Luten Junr pay a fine of twenty shillings and that each of them give bond with sufficient security in the sum of twenty pounds for their good behaviour till the next Generall Court. And that Coll Edward Moseley & Mr Henry Clayton pay a fine of five shillings each and that they be all taken into Custody untill they have performd the same.

Daniel Richardson Esqr Attorney Genll comes to Prosecute an Information of the Grand Jury agst John White and saith

The Jurors for our Sovereign Lord the King presents John White of the Indian Town in Chowan Precinct for selling and retailing Liquors without Lycence contrary to the Laws of this Province in yt behalf made and provided & against the Peace of our said Sovereign Lord the King yt now is and against his Royal Crown Dignity &c.

DANll RICHARDSON P Duo Rege.

And the sd John White by Thos Bray his Atty comes & for plea saith Not Guilty Whereupon the Attorney Genll afsd prays time till the next Genll Court to produce ye Kings Evidence.

Ordered that the same be continued till the third day of the next Generall Court

Danll Richardson Esqr Attorney Genll comes to prosecute an Information of the Grand Jury agst Wm Branch and saith

The Jurors for our Sovereign Lord the King presents Wm Branch of Chowan Precinct ffor that he the sd William Branch did retail Liquors without Lycence & Sell Liquors & victuals contrary to the Laws of this Province in that behalf made and provided and agst the Peace of our Sovereign Lord the King that now is & agst his Royall Crown & Dignity &c.

DANll RICHARDSON P Duo Rege
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And the sd William Branch by Thos Henman his Attorney comes & for Plea saith Not Guilty whereupon the Attorney Generall afsd Joynd issue and prays time till the next Generall Court to produce the Kings evidence

Ordered that the same be continued till the third day of the next Generall Court

Daniel Richardson Esqr Attorney Generall comes to prosecute an Information of the Grand Jury agst Charles Wilks and Saith

The Jurors for our Sovereign Lord the King present Charles Wilks of Pequimans Precinct for living in open adultery agst the Peace of our sd Sovereign Lord the King yt now is his Royal Crown & Dignity & contrary to the Laws in that behalf made & provided &c

DANll RICHARDSON P Duo Rege

And the sd Charles Wilks by Thos Henman his Attorney appeard

Ordered that the same be continued till the 3d day of the next Genll Court by the Consent of both Partys

Daniel Richardson Esqr Attorney Genll comes to prosecute an information of the Grand Jury agst Mary Brinn & saith

The Jurors for our Sovereign Lord the King Presents Mary Brinn for keeping company with Charles Wilks of Pequimans Precinct and causing his wife to leave him by threatening speeches agst the Peace of our sd Lord the King that now is Royall Crown & Dignity & agst the force of the Law in that case provided &c

DANll RICHARDSON P Duo Rege

And the sd Mary Brinn by Thos Henman her Attorney appeard

Ordered that the same be continued till the 3d day of the next Genll Court by the consent of both Partys.

John Wyer being calld to answer an Indictmt found agst him by the Grand Jury last court & failing to appear

Order'd that he be taken into Custody untill he find security to appear at the next Genll Court to answer the Indictmt afsd

John Hassell acknowledges himself indebted to our Sovereign Lord the King in the sum of one hundred pounds and Mott Casewell in the sum of fifty pounds to be levyed upon their Lands & Tenemts Goods & Chattells

with Condition that if the sd John Hassell shall Personally appear at the next Genell Court & answer the Presentmt of the Grand Jury for Blasphemous words &c and not depart the Court untill discharged therefrom

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and that in the mean time he be of his good behaviour then this Recognizance to be void or else the same to remain in full force and Vertue

Thomas Luten Junr & Samll Phelps acknowledges themselves to be indebted to our Sovereign Lord the King in the sum of Ten pounds each to be levyed upon their Lands & Tenements goods & Chattells with Condition

That if the said Thos Luten do well behave himself to all his Majts Liege people till the next Genll Court then this Recognizance to be void else to remain in full force and Vertue.

Adjourned to the Court in Course

FFRED JONES Ch. Just.