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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 30, 1721 - April 04, 1721
Volume 02, Pages 433-441

[Records of General Court.]

North Carolina ss.
Att a Genll Court of Oyer & Terminer continued & held for the sd Province at the Genll Court house at Queen Ann's Creek in Chowan Precinct the 30th day of March 1721 & Contd to ye 4 Aprill

Prest The Honble ffredrick Jones Esqr Ch: Just, Jno Blount, Thos Miller, Jno Worley Thos Pollock Junr Esqrs

The Grand Jury are Impannelld & sworn

Thos Betterly fforeman

Jams ffarlow Wm Havett, Wm Willson, Wm Stewart, Samll Bernard, Jno Rasberry, Griffeth Jones, Wm Charleton, Isac Hill, Nics Hunter, Jams Williamson, Thos Rountree, Josph Sanderson, Hen. Woodhouse, W. Leary, John Allston Wm Jones.

To the Honble ffred: Jones Esqr Ch: Just & to the rest of the Justices for holding the Genll Court of the Province of North Carolina. The Jurors for our Sovereign Lord the King present that Joseph Bowring & Robert Tucker late of Currytuck in the sd Province Yeomen, not having the fear of God before his eyes but being stird up and seduced by the Instigation of the Devil on the 20th of Janry. 1720 at Currytuck afsd by force and armes in and upon one John Foushaw in the Peace of God and our Lord the King then & there being an Assault did make & the sd John Foushaw did Violently beat & bruise throwing him severall times down and Dashing his head & breast against the floor & so voluntarily feloniously & of malice forethought the sd John Foushaw at Currytuck

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afsd beat & wounded particularly in his head breast & Stomach in such Violen maner that of the sd wound he the sd ffoushaw did pine & Languish untill the 23d day of the same month & on the sd 23d day of the sd month at Currytuck of the afsd maiming & mortall wounding did Dye & so the afsd Jurors on their oaths do say that the afsd Joseph Bowring & Robert Tucker on the afsd 23d day of Janry at Currytuck afsd the sd John ffoushaw in maner & form as afsd & of malice forethought did willfully & felloniously kill & murther contrary to the Peace our Lord the King his Crown & Dignity. Which Bill of Indictmt is returnd by the Grand Jury Ignoramus notwithstanding the Court are of Opinion that the sd Bowring & Tucker give security for their good behaviour

James Bell on the behalf of Josph Bouring & Levi Markham on the behalf of Robert Tucker acknowledged themselves indebted to our Sovereign Lord the King that now is his Heirs and Successors in the sum of Ten Pounds each and Jos Bouring & Robert Tucker in the sum of twenty Pound each to be Levyed upon their severall goods & Chattells, Lands and Tenemts with condition that if the sd Josph Bouring & Robert Tucker do well behave themselves towards his Majty & all his Leige People for six months coming then the before Recognizance to be void otherwise to remain in full force and Vertue.


North Carolina—ss.

To the Honble ffredk Jones Esqr Ch: Just & to the rest of the Justices for holding the Genll Court of ys Province

The Jurors for our Sovereign Lord the King yt now is present yt Elizabeth Branch late of Chowan in the county of Albemarle Spinster not having the fear of God before her eyes but being moved & seduced by the Instigation of the Devil on ye 13th day of Augst 1720 by force and armes at Chowan afsd in and upon one Elizabeth Harris in the Peace of God & of our Lord the King then and there being the afsd Elizabeth Harris not having any weapon then drawn, not then first striking the afsd Elizabeth Branch did feloniously an assault make & yt the afsd Elizabeth Branch with a certain sharp weapon or Iron Instrument called a flesh fork of the value of one shilling which the sd Elizabeth Branch in her hand then and there had the thigh of the afsd Elizabeth Harris then & there felloniously did stabb & Thrust she not having any weapon yn Drawn nor having first then struck the afsd Elizabeth Branch and the sd Elizabeth Branch at Chowan afsd with the sd sharp weapon called a flesh fork one Mortall wound to the afsd Elizabeth Harris in & upon her thigh afsd did give of the length of half an inch & the depth of two

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inches whereof the sd Elizabeth Harris did Languish & Pine untill the 20 day of 8ber following, on which 20th day of October afsd at Chowan afsd of the afsd Mortall wound the sd Elizabeth Harris did Dye & so the Jurors afsd on their oaths do say that the afsd Elizabeth the afsd Elizabeth Harris on the sd 20th day of October at Chowan afsd in maner & form as afsd did feloniously Kill & Murther agst the Peace of our Lord the King his Crown & Dignity & against the Statute in such case made and Provided.

DANll RICHARDSON, Attorney Genll

Which Bill of Indictmt being returned by the Grand Jury Billa Vera the sd Elizabeth Branch being call'd to answer the same appeard in custody at the Barr & Pleaded Not Guilty and for Tryall thereof putt herself Upon the Country. It was then Com̄anded the Marshall that he should cause to come Twelve &c by whom &c. who neither &c. and there came Henry Bonner, Wm Crawford ffras Brown, Wm Hancock, Jno Bryan, Wm Hardy Edwd Howcott, Jno Pettiver, Jno Champion, Edwd Wingate Edwd Outlaw, Richard Willson who being sworn in say Not Guilty.

And the Attry Genll being here in Court & having nothing farther wherewith to charge the sd Branch. She is Discharged by Proclamation according to Law.

John Baptist Ash being bound by Recog: to appear at ys Court & by the same was farther bound for the appearance of Jno Vidale they appeard, and nothing appearing agst them Orderd yt they be discharged.

The Jurors for our Sovereign Lord the King Presents Edward Howcott for yt he did out of a malicious & Evil Intention on the 6th day of this Int. March beat & bruise in a very Grievous maner the body of Aaron Oliver as he was going about his Lawful Occasions in ys Precinct.

THOs BETTERLEY fforeman.

The sd Edward Howcott acknowledged himself to be indebted to our Sovereign Lord the King in the sum of twenty Pounds & Henry Bonner in the sum of Ten Pounds to be Levyed upon their Lands & Tenements goods & Chattells with Condition That the sd Edwd Howcott personally appear here the 3d day of the next Genll Court & answer the sd Presentmt & not depart the Court untill Discharged therefrom & that in the mean time he be of his good behaviour then the above Recog to be void else to remain in full force & Vertue.

The Jurors for our Sovereign Lord the King Presents Wm Norris of Pasquotank Precinct for willfully & Designedly eraising & interling a

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Deed between Jno Billott, Alice his wife & Samll Willson to be guilty of fforgery and if a sworn Register (as he has sign'd) to be Guilty of Perjury.

THOs BETTERLEY fforeman

Ordered yt a Venire issue agst the sd Norris for his appearance here the 3d day of the next Genll Court to answer the same Presentmt

Danll Richardson Esqr Attorney Genll being asked if he had anything farther to offer to the Grand Jury Answerd No.

Orderd they be Discharged

Danll Richardson Esqr Attorney General comes to prosecute an Indictmt found by the Grand Jury last Court agst Jno Hassell in these words (to witt) The Jurors for our Sovereign Lord the King present yt on the 13th day of March 1718 being Sunday at Chowan Precinct in ys Province one John Hassell of the sd Precinct having not the fear of God before his eyes but by the Instigation of the Devil agst the Peace of our Sovereign Lord the King divers Prophane & Irreverent words & speeches &c. (as by the sd indictmt here upon Record doth appear) to which Indictmt he then Pleaded not guilty.

It is com̄anded the Marshall that he cause to come twelve &c by whom &c who neither &c And the came Henry Bonner, Wm Crawford, ffras Brown, Wm Hancock, Jno Bryan, Wm Hardy, Samll Spruil, Jno Champion, Edwd Wingate, Edwd Outlaw, Rd Willson Edwd Howcott who being sworn say, We of the Jury find the within mentiond John Hassell Guilty.

The Defendant by his Attorney moved an arrest of judgm

Upon which it is considered by the Court that he file his Reasons for the same by tomorrow morning 8 a clock & that they be Pleaded to in the afternoon but the same not being fil'd according to the Order of this Court the Cause is Contd till the next.

And thereupon the sd Jno Hassell acknowledged himself to be indebted to our Sovereign Lord the King in the sum of twenty pounds & Jno ffalconar in the sum of Ten Pound to be Levyd upon their Lands & Tenemts goods & Chattells with Condition that the sd John Hassell appear here the 3d day of the next Genll Court & Answer the sd Indictmt & not Depart the Court untill Discharged therefrom. And yt in the meantime he be of his good behaviour then the before Recog: to be void else to remain in full force.

Danll Richardson Esqr Attorney Genll comes to prosecute an Indictmt found by the Grand Jury last Court agst Jno Hassell in these words (to witt) The Jurors for our Sovereign Lord the King Presents yt Jno Hassell

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of Chowan Precinct in this Province at Chowan afsd agst the Peace of our Sovereign Lord the King in a Lewed & Dishonest maner Live Cohabitt & keep Company with one Sarah Wilkinson &c (as by the sd Indictmt here upon Record doth appear) To which Indictmt he then Pleaded not Guilty

It is Comanded the Marshall yt he Cause to Come twelve &c by whom &c who neither &c and there came Henry Bonner Wm Crawford ffras Brown, Wm Hancock, John Bryan, Wm Hardy Samll Spruil, Jno Champion, Edward Wingate, Edwd Outlaw, Richd Willson, Edwd Howcott who being sworn say We the Jury do find the withinmentioned Jno Hassell Guilty

Upon which it is Considered & Adjudged by the Court that ye sd John Hassell be amerced the sum of ffive Pounds (which is paid in Court) and be in Custody till he Enter into Recog: to be of his good behaviour twelve Months & that he shall not unlawfully cohabitt with Sarah Wilkinson.

Jno Hassell acknowledged himself to be Indebted to our Sovereign Lord the King in the sum of ffifty Pounds to be Levyed upon his lands & Tenemts, goods & Chattells with Condition That he well behave himself towards his Majty & all his Liege people for twelve months from hence Coming in that in the meantime he shall not unlawfully cohabitt with Sarah Wilkinson then the above Recog: to be Void else to be & remain in full force

Paul Palmer & Joanna his wife being calld to answer an Indictmt found agst them by the Grand Jury last Court Appeard in Custody and refusing to plead. Orderd that they be still continued in the Custody of the Marshall till they do plead &c

Paul Palmer being calld to answer an Indictmt found agst him by the Grand Jury last Court appeard in Custody and refusing to Plead Orderd that he be still in Custody of the Marshall till he do plead &c

Joana Palmer being called to answer an Indictmt found agst her by the Grand Jury, last Court appeard in Custody and refusing to plead Orderd that she be still in custody of the Marshall till she does plead &c.

John Birkett Senr & Jno Birkett Junr appeard according to their Recog to answer a Presenmt of the Grand Jury last Court the same not being Prosecuted is Dismissd

John Birkett Junr appeard according to his Recog: to answer a Presentmt of the Grand Jury last Court the same not being Prosecuted is Dismisst.

Charles Hopton & Grace his wife appeard according to his Recog: last Court Ordered that he be continued upon the same Recognizance

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to appear here the 3d day of the next Genll Court with which he is Content.

Jams ffleming being calld to answer a Presentmt of ye Grand Jury in July Court last the sd ffleming being since Dead the same is Dismist.

Wm Alexander being calld to answer an Indictment found agst him by the Grand Jury appeard & Exhibited into Court a Petic̄on & Order of Council in these words


Att a Council held at the House of Wm Badham March the 30th 1721
Present
The Honble Charles Eden Esqr Governr Esqr Depty
ffrancis ffoster Esqr Depty
Richard Sanderson Esqr Depty
Wm Reed Esqr Depty
Jno Lovick Esqr Depty

Read the Petic̄on of Wm Alexander setting forth that he being a person very ignorant in any Legal proceedings through the overpersuasion of Mrs Damaris Sanderson Dec̄d he undertook to write the Will of Richard Sanderson Esqr husband to the sd Damaris now Dec̄d also. And being ignorant of the consequence of such matters did by her Order putt several things into the Will without any Orders from the sd Richd Sanderson not then considering but yt her Orders were sufficient for his so doing. Butt upon the wills being disputed and being thoroughly Informd of the Injurys yt might ensue by the wills taking place contrary to the mind of the Testator did Voluntarily upon Oath before the Honble the Governr & Collll Thomas Pollock Declare every thing he knew of that matter who encouraged him thereto & were well satisfyed with such his Proceedings having entirely prevented any damage yt the sd Will might make. Notwithstanding which in July Generall Court your Petitr was presented by the Grand Jury for forgery and he is now under Prosecution for ye same the premises Considered & since his Honr the Governr very well knows the truth of what the Petitioner setts forth & the Petitr would not have been Prosecuted had it not been by the Petitrs own Confession he humbly hopes your Honrs will consider the same & Grant him a Nol prosequi for the offence afsd so Ignorantly Committed & your Honrs humble Petitr shall for ever pray &c

And ye Board taking the same into their serious consideration are of opinion yt what the said Alexander did in Relation to the Will afd was intirely through Ignorance & yt he is deserving of Compasion & Mercy

It is therefore Orderd that the Attorny Genll do Enter a Noli Prosequi in behalf of the Petitioner & that the Petitionr wait on the Chief Justice and Atty Genll with this Order.

A Copy

J. LOVICK Secry
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Upon which the Attorney Genll movd yt a Noli Prosequi might be Entred. But the Court take time till the next to advise whether the same may be Granted or not

Danll Richardson Esqr Attorney Genll came to prosecute an Indictmt found by the Grand Jury agst Robt Barnes & John Price for conveying away Charles Wilks to evade a Prosecution for for living in open Adultery. To which Indictmt they pleaded Not Guilty.

It was comanded the Marshll yt he cause to come twelve &c by whom &c who neither &c And there came Henry Bonner ffras Branch Jno Pettiver Wm Coward, Samll Woodard, Edward Wingate, Jno Arthur, Jno Harlo, Thos Roper, Wm Charleton Aaron Oliver Wm ffryley who being sworn say Not Guilty

And the Attorney Genll having nothing farther to charge them with Orderd yt the same be Dismist

Robert Attkins & Danll McDaniel failing to appear last Court according to their Recognizance a sci fac was granted agst the same. No Execution thereof being returnd Orded yt another sci fac. do issue agst the same Recognizance

Danll Richardson Esqr came to present an Indictmt found by the Grand Jury last Court agst Caleb Stevins. To which Indictmt the sd Stevins Pleads Not Guilty

It is comanded the Marshall that he cause to Come twelve &c by whom &c. who neither &c. And there came Henry Bonner ffrans Branch, Jno Pettiver, Wm Coward, Samll Woodard, Edwd Wingate, Jno Arthur, Jno Harlo, Thos. Roper, Wm Charleton, Aaron Oliver, Wm ffryley who being sworn say Not Guilty

And the Attorney Genll not having farther wherewith to charge the sd Stevins, Orderd that the same be Dismist.

Francis Branch appears according to his Recog: to answer to an Indictmt found agst him by the Grand Jury for Retailing Liquor without Licence and there appearing no evidence agst him

Orderd that ye same be Dismist

Danll Richardson Esqr Attorney Genll came to Prosecute an Indictmt found by the Grand Jury last Court agst Wm Braswell for abusing a Constable in the Execution of his Office. To which he Pleaded Guilty

It is considered & adjudged by the Court that the sd Braswell be Amerced the sum of three pounds & enter into Recog for his good behavior six months

Whereupon the sd Wm Braswell acknowledged himself to be indebted to our Sovereign Lord the King in the sum of Ten Pounds to be Levyed

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upon his lands & Tenemts, goods & Chattells with Condition that he well behave himself towards his Majesty and all his Leige People for six months from hence coming then the above Recognizance to be void else to remain in full force

Danll Richardson Esqr came to Prosecute an Indictmt found by the Grand Jury last Court agst Thomas Stoneham for abusing a Constable in the Execution of his office. To which he pleaded Guilty.

It is Considered by the Court that the said Stoneham be Amerced the sum of twenty shillings & Enter into Recog: for his good behaviour three months.

Whereupon the sd Thos Stoneham acknowledged himself to be indebted to our Sovereign Lord the King in the sum of Ten Pounds to be Levyed upon his Lands & Tenemts goods & Chattells with Condition that he well behave himself towards his Majty & all his Leige People for three months from hence coming then the above Recognizance to be void else to remain in full force.

James McDaniel being Comitted into the Marshalls Custody on Suspicion of ffelony & having broke out of Gaol & made his Escape out of the Governmt the Marshall Informd the Court that he had pursued him by Hue & Cry to the uttmost Limitts of the Governmt & that he could not be taken within the same Orderd that the cause be dismist.

Alice Billett being bound by Recog: to appear at this Court to answer for a forceable entry made by her on the Plantation of Mary West of Pasquotank Precinct Widow appeard It is Orderd yt the Inquisition taken & sent to ys Court by Jno Palin Esqr be Transmitted to him again for the Assessing of her fine

Danll Richardson Esqr Attorney Genll came to Prosecute an Indictmt found by the Grand Jury last Court against Jeremiah Vail for abusing John Blount Esqr a Member of this Court To which Indictment he Pleaded Not Guilty

It was then Comanded the Marshall yt he cause to come twelve &c by whom &c who neither &c And there came Henry Bonner ffras Branch Jno Pettiver, Wm Coward, Samll Woodard, Edwd Wingate Jno Arthur, Jno Hart, Thos Roper, Wm Charleton Aaron Oliver, Wm ffryley who were Impannelld & sworn. And the fforeman having Deliverd to Thos Miller one of the Justices of this Court a blank Paper & Not Superscribd which sd paper being Deliverd by the fforeman only whilst the Court was Adjourned for a time. The Court are of Opinion that the same shall not be receivd as a Verdict

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Upon motion of the Attorney Genll Orderd that the sd Jer: Vail do Enter into Recog: for his appearance &c. the 3d day of the next Genll Court to answer the sd Indictmt

Whereupon the sd Jer: Vail acknowledged himself to be indebted to our Sovereign Lord the King in the sum of twenty pounds to be Levyed upon his Lands & Tenemts Goods & Chattells with Condition that he appear the 3d day of the next Genll Court & Answer to the said Indictmt and not Depart the Court untill Discharged therefrom, And that in the mean time he be of his good behaviour then the above Recog: to be Void else to be & remain in full force

Chas Wilks being calld to answer to an Indictmt found agst him by the Grand Jury faild to appear last Court & now also failing to appear Orderd yt farther Process do issue agst him for his appearance here the 3d day of the next Genll Court

Mary Brinn being calld to answer an Indictmt found agst her by the Grand Jury for keeping Company with Chas Wilks &c. faild to appear last Court & now also failing to appear. Ordered that farther process do do issue against her for Appearance here the 3d day of the next Genll Court.

Abraham Spivey being calld to answer to an Indictmt found agst him by the Grand Jury for Hoggstealing Appeard & Pleaded Not Guilty. The Tryall thereof is referred till the 3d day of the next Genll Court.

Thomas Spivey being calld Appeared according to his Recog: to answer to an indictmt found agst him by the Grand Jury. To which he Pleaded Not Guilty. The Tryall thereof is referd till the 3d day of the next Genll Court.

Benj. Spivey being calld appeard according to his Recog: to answer to an Indictmt found agst him by the Grand Jury for Hoggstealing To which he Pleaded Not Guilty the Tryall thereof is referrd to the 3d day of the next Genll Court

Jacob Spivey being calld appeard according to his Recogniz: to answer to an Indictmt found agst him by the Grand Jury for Hoggstealing. To which he Pleaded Not Guilty the Tryall thereof is referrd till the 3d day of the next Genll Court

Adjourned to the next Court in Course

FFRED. JONES Ch: Just.