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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 26, 1725 - October 30, 1725
Volume 02, Pages 596-603


North Carolina—ss.
Att a Genl Court of Oyer and Terminer & Goal Delivery held at Edenton begun on Tuesday the twenty sixth day of October one thousand Seven Hundred & twenty five and continued by severall Adjournments to the thirtieth day of the same Month.
Present
The Honoble Christopher Gale Esq: Cheif Justice
Edmund Gale Esq Justice of the Peace for this Governmt
William Downing Esq Justice of the Peace for this Governmt
Robert LLoyd Esq Justice of the Peace for this Governmt
John Alston Esq Justice of the Peace for this Governmt
and Thomas Lovick Esq Justice of the Peace for this Governmt

The following persons were impanelld and Sworne of the Grand Jury vizl

Mr Joseph Sanderson
Mr Constant: Luton
Mr Saml Phelps
Capt Cha: Denham
Mr Wm Daniell
Mr Edward Wingate
Mr James Williamson
Capt Saml Patchett
Mr William Roades
Mr Paul Palmer
Mr John Norton
Mr John Woodhouse
Mr John Armor
Mr John Cotton
Capt James Boon
Mr George Winns
Mr Danl Garrett
Mr John Relf.

who being chargd with things proper for their Enquiry withdrew and Considerd the severall matters given them in charge and upon their Returne presented the following Bills of Indictment vizl

A Bill of Indictment against Margaret Scott for Felony.

A Bill of Indictment against Thomas Swann for Trespas & Misdemeanr

A Bill of Indictment against Mackroro Scarbrough for forgery.

A Presentment against John Hinton Overseer of the Highway between Catharines Creek Bridge and Bennets Creek Bridge for not keeping the sayd Road in repayr.

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

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William Little Esq: Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against Margarett Scott for Felony in these Words Vizl

To the Honoble Christopher Gale Esqr Cheif Justice & the rest of the Justices of the Generall Court &c.

The Jurors of our Sovereign Lord the King on their Oath do present that Margaret Scott Wife of Bartholemew Scott of Innholder not having the fear of God before her Eyes but being moved by the instigation of the Devill at Edenton in the County of Albemarle on or about the sixteenth day of August in the year of Our Lord one thousand seven hundred and twenty five by force & Armes did fraudulently and feloniously steal take & carry away a parcell of drest Deerskins out of Capt. John Gibss Boat of the value of fifty shills contrary to the Peace of our Sovereign the King that now is his Crown & Dignity &c.

Upon which Indictment the said Margarett Scott was arraigned and upon her Arraignmt pleaded (Not Guilty) and for tryall thereof she putt herself upon the Country and William Little on the behalf of our Lord the King likewise Whereupon the Marshall was commanded that he should cause to come twelve &c by whom &c who to neither &c and there came vizl Francis Branch William Charlton Junr John Charlton Thomas Taylor Richd Willson Media White Mathew Adams Richd Skinner Thos Mathews Ralph Bozman Luke White and Joshua Calloway who being impannelled and Sworne &c do say upon their Oath that she is Not Guilty.

Whereupon she was Orderd to be dischargd after paying the fees accruing by this Prosecution.

William Little Esq: Attorney Genl comes to prosecuite a Bill of Indictment agt Thomas Swann of the precinct of pasquotank in the County of Albemarle in the Province of North Carolina aforesaid Gent found by the Grand Jury in these Words Vizl

To the Honoble Christophr Gale Esq: Cheif Justice & the rest of the Justices of the Genl Court &c.

The Jurors of our Sovereign Lord the King on their Oath do present that Thomas Swann of the precinct of Pasquotank in the County of Albemarle in the province of North Carolina aforesaid Gent not having the fear of God before his eyes but evilly and Sediciously disposed on the thirteenth day of September in the year of our Lord one thousand seven hundred and twenty and five in the precinct of Curratuck in the County

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and province aforesaid intending to move Sedition mutiny and dissention in the said province to subvert the Laws and to disturb and obstruct the present good just and Solid Administrac̄on of Government at present establishd did Scandalously abusively seditiously and contemptuously behave himself towards his Majesty's Justices of the said precinct Court of Curratuck then sitting by lawful Com̄ission in open Court and especially towards John Woodhouse Gent one of the Justices of the said Court then and there on the Seat in Open Court for the Administrac̄on of the Laws Sitting in the Execution of his Office and in Order to bring the said John and the said Court into contempt with the people and the better to move and instigate others to mutiny and Sedition and to oppose and obstruct the present Governmt did then & there speak utter publish and declare these false scandalous threatening and grevous abusive & malitious Speeches within the hearing of a great number of his Majesty's Leidge people to the said Court and especially to the sayd John Woodhouse Vizl You (the said John Woodhouse then as a Justice acting) are a pittifull felow & a Rascall And further the said Thomas Swann thereon going to the Courthouse door drew his naked sword which having in his hand he turnd about toward the said Woodhouse and the said Court and in a contemptuous threatening manner did utter these Seditious malitious false & opprobious Words Damn you (the said John Woodhouse Justice and in the Execution of his office sitting) I value you not and I value none of you (the whole Court then sitting meaning) and then with his naked sword in his hand in a menacing and seditious manner & intending to move others to joyn with him in his sedition against the Government did menace and behave himself in contempt and defyance of the said Court and being brought into Court by the Marshall to answer for his contemptuous behaviour & being asked by Collo William Reed the first Justice in Com̄ission in the said Court and one of the Members of the Councill of this Province then in open Court with the other Justices sitting and acting if he the said Swann Knew who he was before he replyed Yes he was before one that used to hold the Stirrop for a Bitt and he (the said Swann meaning) to give him (the said William Reed Esq: meaning) a Bitt as well as another in Contempt of the said William Reed and his authority, And soon after that he the said Swann going out of the said Court in Contempt and defyance of the sayd Court again at the Courthouse door did draw his sword and in a menacing and threatening manner to the Said Court said Damn you Gent (the whole Court then & there in the Execuc̄on of their Office meaning) I do not value any of you at all to the great discouragement and Contempt of the said Court and
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obstruction of them in the Execution of their Office and that soon afterwards Vizl on the same day upon him the said John Woodhouse Justice as aforesayd in the peace of our Lord the King being in the Court yard of the said Court without any provocation given the said Thos Swann his naked sword drew and the same violently did thrust against the body of the said John which being putt by with a stick by the said John it missed his body the sword was run through the thumb and arm of the said John & him grevously wounded who attempting to escape the said Thomas did again thrust his Sword against his back which breaking the poynt he the said Thomas did immediately thrust severall times against the body of the said John with a malitious and evil intent to kill and murther the said John a Justice of peace as aforesaid all which seditious & ill behaviour being done and perpetrated by the said Thomas by force and Armes in contempt of the Authority of this Government Established and the Laws and peace thereof; and his aforesaid false scandalous and opprobious and seditious words intending to move Sedition and obstruction of the said Justices in the Execution of their Office and the said Court and present Administrac̄on of Government to bring them into disrepute and discredit with the people and in Order to Stirr Sedition and disturbances are agt the peace of our Said Lord the King that now is his Crown and dignity &c contrary to the Laws and Statutes in such Case made & provided &c.

And on the Motion of the sayd Attorney Genl It is Orderd that Venire facias do issue requiring him to appear at the next Court on the last Tuesday in March next on the third day of the said Court to make answer to the said Indictment.

Bartholemew Scott being bound by Recognizance to appear &c accordingly came and was thereof dismist without day paying Costs.

William Little Esq: Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against Mackroro Scarbrough of the precinct of Pasquotank planter for perjury in these Words vizl

To the Honoble Christopher Gale Esq Cheif Justice and the rest of the Justices of the Genl Court &c.

The Jurors of our Sovereign Lord the King on their Oath do present that Mackroro Scarbrough of pasquotank precinct planter in the precinct aforesaid at the precinct Court began and held for and within the said precinct on the third Tuesday in July Anno Dni one thousand seven hundred and twenty five came before the Justices of the Court in open Court then sitting by lawfull Com̄ission and authority and did then and

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there swear and make Corporall Oath on the Holy Evangelists of God before the said Justices who had sufficient and lawfull authority such Oath to administer and who the same in Court did administer to the sayd Mackroro who then and there upon his sayd Oath falsly malitiously and voluntarily and corruptly deposed swore and in writing under his hand did on Oath give in Exhibit & produce a certain account which is styled an Inventory and Sale of all the Goods & Chattells of Jeremiah Finch late of this province as they were sold at publick Vendue Mackroro Scarbrough Administrator sold at pasquotank the fourteenth day of December one thousand seven hundred and twenty four to the severall persons therein mentiond amounting in the whole to the sum of fifty four pounds sixteen shills & six pence & containing the goods sold the time the prizes & persons as in and by the said Writing or Inventory filed in the Clerk's Office of the sayd Court appears Which said Inventory on Oath as aforesaid was then & there exhibitted and done by the said Adm̄tor: on his part for and in respect or behalf of the persons claiming right to the said Estate at the direction of the Govr being ordinary pursuant to Law when in truth and indeed the said accot or Inventory was not a just and true accot or Inventory but false particularly in that there was twenty odd yards of Canteloon sold at the said Vendue by the said Adm̄tor at two shillings and seven pence pr yard whereof there is no mention made in his Inventry Secondly the Article of thirty three silk muslin Handkercheifs therein said to be sold to been sold to him Adm̄tor at twelve pounds seven shillings and sixpence which were not all sold to him nor at the price there chargd but a much higher Vizl fourteen of them sold John Cartwright at Eleven shills a peice the rest at eight shills and sixpence and eight shills and eleven pence halpeny a peice; thirdly the Article of the sword pistols and Gunn and old Cloaths chargd at six pounds in two articles were sold in one Lott for thirty one pounds ten shills at which time Vizl on or about the fourteenth day of December one thousand seven hundred twenty four was severall other things sold to the value of seventy odd pounds and severall goods of the Estate of Jeremiah ffinch which was then in the hands of the said Scarbrough not then exposed to sale. And yet the whole of his Accot and sale amounts to but fifty four pounds sixteen & six pence as also in sundry other things the said Accot is false of all which the said Mackroro Scarbrough not being ignorant did falsely malitiously witting and willingly and corruptly to the same depose make Oath and swear then and there and the writing being sworne as aforesaid did affirm the same to be a Just and true Accot & so the said Mackroro Scarbrough the day
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and year abovesaid in the precinct aforesaid before the said Justices in open Court sitting with full power to administer the said Oath to the said Mackroro Scarbrough falsely malitiously voluntarily and corruptly did com̄it a voluntary and corrupt perjury contrary to law & against the peace of our Lord the King that now is his Crown and Dignity &c.

And the said Mackroro Scarbrough in his own proper person came and acknowledged himself indebted to our Sovereign Lord the King in the sum of fifty pounds sterling and Thomas Swann & Benjamin Peyton in the sum of twenty five of like money each to be levyed on each and every of their Goods and Chattells Lands and Tenements &c: With condition that the said Mackroro Scarbrough shall personally be and appear at the next Genl Court held for this Government at Edenton the last Tuesday in March next on the third day of the said Court then and there to make answer to the said Indictment &c

A Bill of Indictment having been presented to the Grand Jury aforesaid against Mary Thornton on suspicion of Larceny which Bill was returnd to the Court here Ignoramus she was thereof dischargd without day paying fees.

A Bill of Indictment having been presented to the Grand Jury aforesaid against Margaret Scott Wife of Bartholemew Scott of Edenton Innholder on suspicion of Larceny which Bill was returnd to the Court here Ignoramus she was thereof dischargd and may go hence without day paying Costs.

And now here at this day (Vizl &c) William Charlton Junr in his own proper person came and there appearing no person either to prosecute or give Evidence against him he was dischargd thereof without day paying Costs.

John Rice being bound by Recognizance to appear &c at this Court accordingly came and is dismist without day paying Costs.

Thomas Ball being bound by Recognizance to appear &c at this Court accordingly came and is dismist without day paying Costs.

Robert Route Esq: being bound by Recognizance to appear &c at this Court accordingly came and is dismist without day paying Costs.

Joseph Young being bound by Recognizance to appear &c at this Court accordingly came and was dismist without day paying the Costs.

James Pottar being bound by Recognizance to appear &c at this Court accordingly came and was dismist without day paying the Costs

John Norcomb being bound by Recognizance to appear &c at this Court accordingly came and was thereof dismist without day paying Costs.

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Bartholemew Scott of Edenton Ordinary keeper being bound by Recognizance to appear &c: at this Court accordingly came and is thereof dismist without day paying Costs.

And now here at this day (Vizl &c.) the said John Cotton in his own proper person came &c. And William Little Esq: Attorney Genl on behalf of our said Lord the King also came and confessed that the Indictment aforesaid agt the said John Cotton he would no further prosecute Whereupon it is Considerd by the Court here and Orderd that he be thereof dismist without day paying Costs.

And now here at this day (Vizl &c) the aforesaid Thomas Ball thō solemnly required came not; and it being given to the Court here to understand that the said Ball is fledd and not to be found in this Government Therefore It is Orderd that the said Recognizance be dischargd

Dom Rex v. David Vincent Recogn: dismist by the Court.

Dom Rex v. Johnson and Harding Recogn: to appear and give Evidence agt John Phillips dismist by the Court.

Peter Young being bound by Recognizance to appear &c at this Court and therein failing; It is therefore Orderd that a Scire facias do issue com̄anding 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 has why his Recognizance should not be declared forfeited.

Joseph Barrow being bound by Recognizance to appear &c at this Court &c accordingly came and is dismist without day paying the Costs.

James Smith being bound by Recognizance to appear &c at this Court accordingly came and was dismist without day paying Costs.

Samuel Swann Gent having been taken into custody for a Misdemeanor was now here brought and is dismist without day paying costs.

William Fryley being bound by Recognizance to appear &c accordingly came and was dismist without day And it is further Orderd that the Costs be paid out of the Goods found in his hands.

The appeall of Henry Baker from the Judgment of the Court held for the precinct of Bertie in August last to this Court is referrd to the next Court on the last Tuesday in March next; And it is further Orderd that Summons shall issue for Collo William Maule then and there to be and appear &c.

The petition of of Benjamin Peyton Administrator of William Bell deceased is referrd till the next Court on the last Tuesday in March next

And now here at this day (vizl &c) the aforesaid John Jones Joseph Jones John Jornagen John Spier James Moore Wm Moore being summond accordingly came and the severall Bills of Indictment presented to the Grand Jury being returned Ignoramus they were dischargd

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Paul Palmer by William Little his Attorney comes to prosecute his Writt of Error granted by the Cheif Justice to reverse an Order of the Court of the Precinct of Perquimons with Supersideas to stay Execution having filed his Errors And Samuel Phelps an Overseer of the Roades in the said Precinct also came by Thomas Swann his Attorney and hereupon at the Motion and by the Consent of both partys the arguments thereon are referred for hearing till the next Court on the last Tuesday in March next

And then the Court Adjournd

C. GALE C. J.
By Order of the Cheif Justice
and Assistants
per W. Badham Clk