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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, 1723 - November 02, 1723
Volume 02, Pages 513-515


North Carolina—ss.
Att a Generall Court of Oyer & Terminer and Gaol Delivery held at the Courthouse in Edenton begun of Tuesday the twenty ninth day of October One Thousand seven hundred and twenty three & continued by severall adjournments to the second of November following

Present
Christopher Gale Esq Cheif Justice and Esqr Assistant.
Adam Cockburn Esqr Assistant.
Henry Clayton Esqr Assistant.

And now here at this day (Vizl &c) the said Thomas Mathews having failed to adjust the accompts between John Sale aforesaid and him before the Honoble the Chief Justice as by the last Courts Order he was obliged to do Orderd that he do settle & adjust the said Accots as before directed and make report thereof to the next Court on the last Tuesday in March next on the third day of the said Court till which time the said attachment against the Goods & Chattells of the said John Sale is continued

John Burton and Thomas Williamson appeard at this Barr and declared that they were bound to appear at this Court here by Recognizance taken before John Solly Esqr and prayed that their appearance might be entred and also that they might be discharged; And there being no Recognizances returnd nor any Informations filed against the said John Burton and the said Thomas Williamson It is therefore Considerd and Orderd that they be dismist without day paying Costs.

And it is further Orderd that a sumons do issue directed to John Solly Esqr comanding him to appear at the next Court on the last Tuesday in March next on the third day of the said Court to shew cause (if any he hath) why the Examinations of the said John Burton and Thomas Williamson together with their Recognizances were not returnd to this Court

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And that the said Summons be given to the provost Marshall of Albemarle County to Execute and returne.

John Whidbee being bound by Recognizance to appear &c at this Court accordingly made his appearance and was dismist without day paying Costs.

John Martin & Nathaniel Martin his son being bound by Recognizance to appear &c at this Court accordingly made their severall appearances And no Informations being filed nor prosecutors appearing Upon Proclamation they were dismist without day paying Costs.

The petition of Mary Cockrill wife of Edward Cockrill together with an Order of Council thereon was read in these words Vizl


North Carolina—ss.

To the Honoble the president and the rest of the members of the Council now sitting

The humble petition of Mary Cockrill wife of Edward Cockrill late of Chowan Precinct sheweth That whereas the sayd Edward was bound by Recognizance to appear at March Genl Court one thousand seven hundred and twenty three and by a Scire facias continued he was required and com̄anded to appear at July Genl Court then next following and therein also fayling the said Recognizance was then and there declared forfeited and Execution thereof adjudged to be done and the sayd Edward being departed this Government and having left your humble petitionr in a very mean condition his goods & Chattells being of little or no value and only such as are absolutely necessary for the support of your petitionr and without which she is likely to become chargeable. She therefore humbly prays that your Honors out of the abundance of your great goodness and clemency would be pleasd to remitt to the said Edward his fine forfeited as above mentiond and that he may be thereof dischargd and your petitionr as in duty bound shall pray &c

Signd
MARY COCKRILL.


North Carolina—ss.
At a council held at Edenton November the seventh one thousand seven hundred and twenty three

Present Wm Reed Esqr president Christopher Gale Richard Sanderson John Lovick and Maurice Moore Esqrs Lords Deputys

The petition of Mary Cockrill was read setting forth that Judgement past against her husband in the Genl Court of this Province at July Genl Court last on forfeiture of a Recognizance and that her husband had

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left her in very deplorable circumstances with severall small children who must all be inevitably ruind unless by the clemency of this Board the Execution be stoppt & the fine remitted to the petitionr Which this Board duly considering of and severall members being satisfyed of the truth of the petition Orderd that the sayd Fine be remitted & the goods restord that are taken into Custody by virtue of the sayd judgment.