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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 31, 1722 - August 04, 1722
Volume 02, Pages 473-476

[From Records of General Court.]

North Carolina—ss.
Att a Generall Court of Oyer and Terminer and Gaol Delivery held at the Court house in Edenton on Queen Annes Creek on Tuesday the 31st day of July and continued by several adjournments till Saterday the 4th day of August one thousand seven hundred & twenty two.
Present
Christopher Gale Esqr Cheif Justice
John Worley Esqr Assistant
Edmd Gale Esqr Assistant
Adam Cockburne Esqr Assistant
Henry Clayton Esqr Assistant
John Solly Esqr Assistant
John Cotton Esqr Assistant
Cullen Pollock Esqr Assistant
Barnaby Mackenny Esqr Assistant

The following persons were Impannelld and sworn upon the Grand Jury Vizt

William Carlton Esqr
John Nairne
William Howett
Thomas Yates
Henry Bradley
Joseph Spruell
Aaron Oliver
John Ward
Edward Outlaw
William Coward
Robert Lanier
James Peake
Edward Wingate
John Pettiver
ffrancis Branch
William Yates
Lewis Bryant

Who being chargd with things propr for their Inquiry by the Cheif Justice withdrew and considerd the severall matters given them in Charge & on their Returne made Presentment of the following Bill Vizt

-------------------- page 474 --------------------

A Bill of Indictment against William Doyle for Felony in haec verba vizt To ye Honble Ch: Gale Esqr Cheif Justice & to ye rest of ye Justices for holdn ye Genl Court of this Province: The Jurors for our Sovereign Lord the King upon their Oaths present that on the fourteen day of July in the year of our Lord one thousand seven hundred and twenty two about six of the clock in the afternoon William Doyle servant to William Barrow of Hyde prcinct in the County of Bath Planter did with a felonious Intent enter through a window into the dwelling house of the said William Barrow in Hyde Precinct aforesaid & thereout & therefrom by force & Armes did feloniously take and bear away one pair of men's silver Buckles of the value of twenty shillings one pair of Womens Silver Buckles of the value of ten shillings one payr of Stone Shirt Buttons of the value of two shillings one payr of Leather Breeches of the value of five shillings, four yards & one quarter of Garlick Linen of the value of ten shillings one well fixt Gun of the value of thirty shillings a quantity of Gunpowder & Shott of the value of ten shillings the proper Goods & Chattells of the said William Barrow agst the Peace of our Lord the King that now is his Royall Crown & dignity & against a Statute in that behalf made and provided

DANll RICHARDSON P Duo Rege.

Upon which Indictment the said William Doyle was arraigned and upon his arraignment pleaded not Guilty and for tryall thereof putt himself upon God and Country

Whereupon the Marshall was comanded to cause to come twelve &c by whom &c who neither &c and there came Vizl

Collo William Maule
Thomas Harding
Paul Phillips
John Jordan
Joshua Turner
John Johnston
and
Henderson Luton
Richard Minsey
William Weston
Aaron Blanchard
Thomas Luton
Edward Standen

Who being Impannelld and sworn say Wee of the Jury find William Doyle is guilty of Petit Larceny to the value of four shillings and six pence.

Then the said Doyle being asked if he had anything to say why Sentence should not pass against him as the Law in that case hath provided and he offering nothing in avoydance thereof

Whereupon it is considerd and adjudged that the said William Doyle be tyed to the tayle of a Cart & be whipt on the bare back with thirty nine stripes through Edenton this day of which the Provost Marshall of

-------------------- page 475 --------------------
Albemarle is hereby required to see Execution done and that next ffryday he be whipt in like manner through Bath towne of which ye Provost Marshall of the County of Bath is hereby required to See Execution done and then to deliver him to his Master William Barrow.

And then the Grand Jury was dischargd from further service at this Court.

William Fryley being bound by Recognizance to appear at this Court &c made his appearance but noe person appearing to prosecute or give Evidence to make good the charge against him It is therefore Considerd that the said William ffryley do give further security for his appearance at the next Court and that in the mean time he be of his good behaviour

And then the said William Fryley acknowledged himself to be indebted to our Sovereign Lord the King his heirs & successors in the sum of twenty pounds & John Nairne & Philip Wallston in the sum of ten pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c.

With Condition that if the said William ffryley do make his peronall appearance at the next Genl Court on the third day of the said Court and in the mean time be of his Good Behaviour towards his Majestie and all his leige people then this Recognizance to be voyd or else to remaine in full force &c.

Solomon Sheppard being bound by Recognizance to appear at this Court &c made his appearance and is dismist without day

Thomas Stoneham being bound by Recognizance to appear at this Court on suspition of ffelony made his appearance but noe person being bound over to give Evidence or appearing to prosecute he is dismist without day paying Costs.

And the said Scire fac: being Inssued and returned [that ffrederick Jones Esqr was dead] Upon motion of the Attorney Generall it is orderd that another Scire ffac: doe Issue in manner as before, against the Executors of the said ffredrick Jones Esqr dec̄d.

A Petition of John Beverly & others was read complaining against an Order of the Precinct Court of Chowan appoynting Mr Henry Baker to keep a ferry over Chowan River near Menherring as sett forth in the said Petition And the said Mr Henry Baker appeard & upon hearing of the arguments on both sides and the Order of the Precinct Court being also read It is thereupon Orderd by this Court that the said Baker do continue to keep the ffery aforesaid and that he doe take no more than two shillings and six pence for a man and horse and ffiffteen pence for a single person for passages over the said fferry.

-------------------- page 476 --------------------

Upon petition of William Barrow praying that he may have his Goods restord to him which were feloniously taken from him by William Doyle Orderd that a Writt de Bonis restituendis do issue out directed to ye Provost Marshl of ye County of Bath thereby comanding him to restore to ye said Petitionr all such goods as are in his hands and are mentioned in the said Petition

And then the Court adjournd

C. GALE C. J.
By order of the Cheif Justice
& his assistants
W. Badham Clk