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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 29, 1726 - April 02, 1726
Volume 02, Pages 645-655

[From Records of General Court.]

North Carolina—ss.
At a Genl Court of Oyer and Terminer and Goale delivery held at the Courthouse in Edenton begun on Tuesday the twenty ninth day of March one thousand seven hundred and twenty six and continued by severall Adjournments to the second day of Aprill following
Present
The Honble Christopher Gale Esq: Cheif Justice
John Lovick Esqr Justice of the Peace for this Government.
Richard Sanderson Esqr Justice of the Peace for this Government.
Thomas Harvey Esqr Justice of the Peace for this Government.
John Palin Esqr Justice of the Peace for this Government.
Edmund Gale Esqr Justice of the Peace for this Government.
Wm Downing Esqr Justice of the Peace for this Government.
Barnaby Mckinne Esqr Justice of the Peace for this Government.
Robert Lloyd Esqr Justice of the Peace for this Government.
Thomas Lovick Esqr Justice of the Peace for this Government.
John Alston Esqr Justice of the Peace for this Government.
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The following persons were impannelld and sworne of the Grand Jury Vizl

Collo John Worley
Mr Thos Rountree
Mr John Ismay
Mr Thomas Parris
Mr Tho: Luton Junr
Mr Henry Speller
Mr Thos Ashley
Mr David Hicks
Mr John Solley
Mr David Bailey
Mr Anthony Hatch
Mr Geor Sharrow
Mr John Spier
Mr Thos Garrett Junr
Mr Richard Sanderson Junr
Mr Francis Hobson
Mr Nathanl Hall
Mr John Bonde
Mr Thos Blitchenden
Mr John Earley

who being chargd with things proper for their Inquiry 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 George Burrington Esq: for Trespass Assault Misdemeanour & breach of the peace contrary to the Act of Assembly in that case made & a Bill of Indictment agt George Burrington Esq: for Tresspass and Misdemeanour

A Bill of Indictment agt George Burrington Esqr Cornelius Harnett and others for a Riot

A Bill of Indictment agt George Burrington Esq: for Trespass Assault & misdemeanour at pamlicough.

A Bill of Indictment against James Castellaw and John Nairne for a Misdemenor

A Bill of Indictment against Watkin Price for a Misdemeanor

And presented George Allen for cursing King George Sometime in November last

An Informac̄on having been layd before the Grand Jury by George Burrington Esq: and the Evidences therein mentiond not appearing they moved the Court to direct them how to proceed thereon which sayd Information was read in these words Vizl The Information of Mr. Burrington. A Bill produced the King against Mary Thornton by William Little last October Court for Felony on which was wrote Ignoramus tho never produced to the Grand Jury: Send for Mr Denmam and Phelps of pequimans Members of Assembly who were on that Jury.

And the sayd Charles Denmam who writt for the fforeman of the said Grand Jury at October Genl Court last being sworne in open Court and the aforesaid Bill against Mary Thornton with Ignoramus endorst thereon being shown to him upon his Oath did declare that he wrote the

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said Endorsement for Joseph Sanderson fforeman of the sayd Jury and thereupon the Cheif Justice declared in Court that he particularly remembred the Grand Jury's returning it into his hands in a full body endorst Ignoramus which he then read to them openly; The Clerk of the Court also declared that he received the same in open Court from the Cheif Justice so endorst with some other Bills (the Grand Jury being present) all endorst by the same hand: And the Attorney Genl in Court declared that he remembred all this particularly & that he drew the sayd Bill gave it with his own hand to the Grand Jury with the Evidences endorsed on the Back who were sworne & with a Tickett which the Clerk now has he saw them go up to the Grand Jury to be examined thereon & they had the Bill in keeping until they returnd it into Court as aforesayd

Whereupon the Grand Jury withdrew and in a short time returnd the sayd Information endorsed in these Words vizl

Wee of the Grand Jurors find this Informac̄on to be false

JOHN WORLEY Foreman

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

William Little Esqr Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against George Burrington Esq: for Trespass assault Misdemeanor and breach of the peace contrary to the Act of Assembly in that case made in these words vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice & the rest of the Justices of the Genl Court held at Edenton the last Tuesday in March one thousand seven hundred and twenty six.

The Jurors for our Sovereign Lord the King on their Oath do present that George Burrington of Edenton in the Precinct of Chowan and County of Albemarle Esqr not having the fear of God before his Eyes but Seditiously and malitiously intending and imagining the Honoble Sr Richard Everard Baronet Governor of the sayd Province to asperse and defame and him to bring into the evill opinion of his Majestys liege subjects Inhabitants of this Province and the present happy mild and just Administrac̄on of this Government to bring into contempt disorder and confusion & the principall officers thereof in the Executian of their offices to disturb and obstruct and Sundry of his Majestys Subjects within this Government to move & instigate to sedition and faction to caball and meet together to incite rebellious conspiracys Ryots and unlawfull

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feuds and differences thereby to disturb the Kings peace and Subvert the present Established Government and destroy the safety and tranquillity of it vizl in Edenton in Chowan aforesayd on or about the fifteenth day of November one thousand seven hundred and twenty five in the presence and hearing of Sundry his Majesty's Leige Subjects he the sayd George Burrington did openly advisedly and with a malitious & Seditious intent against the sayd Sr Richard Everard Baronet then & still Governor of this sayd province speak utter publish and declare these false scandalous opprobious and malitious words that Sr Richard (the aforesayd Sr Richard Everard Governor meaning) is no more fitt to be Governor (Governor of this Province meaning) than a Hogg in the Woods and that he (the sayd Sr Richard meaning) is a Noodle and an ape & also to Thomas Parris then present (being an Essex man) he the sayd George did say Damn You Tom are all your Countrymen such Fooles (the sayd Sr Richard again meaning) And further to foment disturbances and keep up faction and dissention and raise sedition & mutiny against the Governor he the sayd George Burrington to one James Winright speaking whom when he the sayd George was Governor he had formerly made Provost Marshall then and there openly to the sayd James did say I will make you (the sayd James meaning) Provost Marshall again within nine months and did also then & there and at other times declare openly and spread this false News or Report in the Hearing of Sundry of his Majesty's Subjects leige people that he (the sayd George Burrington meaning) should be Governor of this Province within nine months thereby encouraging party faction disquieting the people in their minds disffecting them to the Government and disturbing the peace and tranquility of it: And further to insult contemn and defy the sayd Sr Richard Everard Baronet & Governor and his good and mild Administrac̄on to vilify he the sayd George Burrington on or about the Second day of December one thousand seven hundred and twenty five Vizl in Edenton aforesayd by force and Armes to the terror of his Majestys leige people in the night time with sundry others in a riotous ruffianly manner came to the house of Sr Richd Everard then & still Governor and rudely did violently knock at the door and he the sayd George calling out to Sr Richard declared openly that he (the sayd Sr Richard Meaning) was no more fitt to be Governor (the Governor of this Province which he then was and now is meaning) than Sancha Pancha thereby intending to defame ridicule & burlesque his Government and then and there opprobiously and in contempt of Governmt called him the sayd Sr Richard calves head: And further then and there to the sayd Sr Richard Everard Governor he the
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sayd George did publickly openly and malitiously utter and declare in the hearing of divers of his Majestys good Subjects inhabitants of this Province in a rude Seditious and threatning manner these words Come out you (the aforesayd Sr Richard the Governor meaning) I want satisfaction of you therefore come out and give it to me; And you Everard (the aforesayd Sr Richard then Governor meaning) You a Knight you a Barronet you a Governor (present Governor of this Province meaning) You are a Sancha Pancha Damn you (the said Sr Richard meaning) you are a sorry fellow and I (the said George himself meaning) will scalp your damnd thick skull (the said Sr Richard's head meaning and threatning) and on these highly seditious and opprobious Words and speeches he the sayd George being by the sayd Governor Sr Richard threatened that if he did not depart he the sayd Governor would have the sayd George punished the sayd George did thereon openly and publickly reply & utter these mutinous and seditious words You (the sayd Governor meaning) have not an officer dare speak to me or look me in the face (the officers and Ministers in the Administrac̄on and Executive of Justice meaning) All which highly Seditious Speeches and behaviour tend egregiously to move conspiracys raise faction and Sedition to defame bring into contempt and hatred the present lawfull Governor to discourage disturb and obstruct all the officers in the Government in the Execution of their Office & duty to hinder the Trade and Wellfare and quietness of the Country to raise mutinys and involve the Government in blood and misery and is against the Peace of Our Sovereign Lord the King that now is his Crown & dignity & contrary to Law & the Act of Assembly in such Case provided.

And on motion of the sayd Attorney Genl It is Orderd that a Venire facias do issue requiring the sayd George Burrington to appear at the next Court on the last Tuesday in July next to make answer to the sayd Indictment.

William Little Esq. Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against George Burrington Esq. for Trespass and Misdemeanor in these Words vizl


North Carolina—ss.

To Christopher Gale Esq Cheif Justice and the rest of the Justices of the Genl Court held at Edenton the last Tuesday in March one thousand seven hundred and twenty six

The Jurors for our Sovereign Lord the King on their Oath do present that George Burrington late of Edenton Esq: for that Vizl in Edenton aforesaid on or about the fourth day of January one thousand seven

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hundred & twenty five he the sayd George in the night by force and Armes an Assault did make on Thomas Parris in Edenton aforesayd attempting to break open the doors of his house and threatened to murther him the sayd Thomas and his Family and particularly Adam Cockburne Esq: Collector then a Lodger in his house and also he the sayd George did then and there by force & Armes break to peices the Windows of the house of the sayd Thomas Parris and other Enormitys he the sayd George then and there did and perpetrated against the peace of Our Lord the King that now is his crown & dignity &c.

And on the Motion of the sayd Attorney Genl It is Orderd that a Venire facias do issue requiring the sayd George Burrington to appear at the next Court on the last Tuesday in July next to make answer to the aforesayd Indictment

William Little Esq: Attorney General: comes to prosecute the Bill of Indictment found by the Grand Jury against George Burrington Esq: Cornelius Harnett and others for a Riot in these Words vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices of the Genl Court held at Edenton the last Tuesday in the month of March Anno Dni one thousand seven hundred and twenty six.

The Jurors for our Sovereign Lord the King on their oath do present that George Burrington late of Edenton Esq: Cornelius Harnett late of Chowan precinct planter and others unknown for that he the sayd George Burrington Vizl in Edenton aforesaid on or about the Second day of December One thousand Seven hundred and twenty five in the night did riotously assault the house of Sr Richard Everard then & still Governor of this sayd province and also soon after the same night did riotously by force & armes assault Joseph Young Constable breaking open his doors & Windows and him the sayd Joseph a Constable he the sayd George with the Assistance of the others in his Company did then & there by force & Armes Strike batter beat bruise & wound and evilly intreat and Mary Young the Wife of the sayd Joseph was by the sayd Ryot forced out of her bed & putt in great fear & terror insomuch that thereon she miscarried of a Child she was then bigg with and also the sayd George Burrington Cornelius Harnett and others by force & Armes then & there did assault James Pottar who came to assist the sayd Joseph in keeping the peace he the sayd James being seizd by the sayd Cornelius and taken by the throat and he the sayd George swearing by the living God he would run him the sayd James Pottar thro' the body with his sword insomuch that with great difficulty he the sayd James escaped with his life

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and afterwards the same night they the sayd George Burrington & Cornelius Harnett and others an Assault did make on Thomas Parris of Edenton & his doors then & there riotously and by force and Arms did break open & enter and the sayd George did threaten the sayd Thomas abused his wife & persuaded the sayd Cornelius to beat him the sayd Thomas insomuch that Susannah his wife was forced to run out of the house to call assistance to rescue her husband the family thereby being putt into disorder fear & terror & dread of their lives all which riots behaviour & misdemeanour is against the peace of our Lord the King that now is his Crown & dignity &c

And on the Motion of the sayd Attorney Genl It is Orderd that a Venire facias do issue requiring the sayd George Burrington to appear at the next Court on the last Tuesday in July next to make answer to the aforesayed Indictment.

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against George Burrington Esq: for Trespass and misdemeanor at pampticough in these Words vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices of the Genl Court begun and held at Edenton the last Tuesday in March one thousand seven hundred and twenty six

The Jurors of our Sovereign Lord the King on their Oath do present that George Burrington late of Edenton Esq: not having the fear of God before his Eyes vizl at the house of Roger Kenyon in Bath Town on or about the fourth day of March one thousand seven hundred and twenty five by force & Armes an Assault did make on the sayd Roger Kenyon and his house did threaten & attempt to burne and him did then and there evilly entreat and also then & there with force & Armes an Assault did make in and upon Robert Route Esq: Provost Marshall of the sayd province and him the sayd Robert then in the Execution of his Office being called upon & Attempting to keep and preserve the Kings peace he the sayed George did disturb and obstruct & him did then & there beat batter bruise & wound & evilly intreat and did threaten his life & Sent to him a private Challenge by a Messenger to fight him all which is highly injurious against the peace of Our Lord the King destructive to the Tranquillity of the Government & contrary to the Law in that Case made & provided &c.

And on the motion of the sayd Attorney Genl It is Orderd that a Venire facias do issue requiring the said George Burrington to to appear at the next Court on the last Tuesday in July next to make answer to the aforesayed Indictment.

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William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against James Castellaw & John Nairne for Misdemeanor in these Words vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices of the Genl Court begun and held at Edenton the last Tuesday in the month of March one thousand seven hundred and twenty six.

The Jurors for Our Sovereign Lord the King on their Oath do present that James Castellaw of Bertie precinct Planter and John Nairne of the said precinct planter not having the fear of God before their Eyes or their duty & Allegiances duly considering Vizl in the sayd precinct of Bertie on or about the Seventh day of September one thousand seven hundred & twenty five in order to move Sedition raise Caballs & meetings for conspiracys in order to subvert the Government did Sollicite & obtaine Sundry petitions & declarac̄ons in a tumultuous manner to be signed by an unlawfull number against the present Government & the officers and Ministers in the Administrac̄on thereof to change the same and also that they the sayd James & John Vizl in the Sayd precinct on or about the tenth day of February One thousand seven hundred and twenty five with the same Malitious & Seditious intent to subvert the Government & disturb the peace and quiet thereof did disturb and obstruct William Little Esq Receiver Genl lawfully appoynted in the Execution of his sayd Office & did then & there write publish and utter a false Scandalous & Seditious Libell against the Government with other Enormitys against the peace of our Lord the King that now is &c: and contrary to the Acts & Statutes in Such Cases made & provided &c.

And on the motion of the sayd Attorney Genl

It is Orderd that a Venire facias do issue requiring the sayd James Castellaw & John Nairne to appear at the next Genl Court on the last Tuesday in July to make answer to the aforesayd Indictment.

William Little Esq: Attorney Genl Comes to prosecute the Bill of Indictment found by the Grand Jury against Watkin price for a Misdemeanour in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices of the Genl Court begun & held at Edenton the last Tuesday in March one thousand seven hundred & twenty six

The Jurors of our Sovereign Lord the King on their Oath do present that Watkin Price of pasquotank precinct planter Vizl in the precinct of

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pasquotank on or about the twenty fourth day of February one thousand seven hundred and twenty five Seditiously intending to breed mutiny and dissension & to disturb the peace & quiet of the present Government then & there did disturb & obstruct Joseph Stockley a lawfull Officer duly appoynted for collecting the Precinct Taxes for the sayd Precinct of Pasquotank then & there in the Execution of his sayd Office being and him the sayd Joseph he the sayd Watkin did assault & with force & Armes resist and evilly intreat against the Peace of our Lord the King that now is his Crown & dignity & contrary to the Act of Assembly in that case made & provided &c.

And the sayd Watkin Price being bound to appear accordingly came & prayed time till the next Genl Court on the last Tuesday in July next to make answer to the sayd Indictment Thomas Swann his Attorney being very sick & weak & uncapable now to attend Which was granted

Thomas Bayley Clerk being bound by Recognizance now to appear accordingly came & is dismist without day paying Costs.

George Allen of Edenton in the Province of North Carolina aforesd Physician being bound by Recognizance to appear &c accordingly came and was dismist thereof without day paying Costs.

Elizabeth Marston of Edenton in Chowan Precinct being bound by Recognizance to appear &c at this Court accordingly came and was dismist thereof without day paying Costs

George Allen being called to make answer to the Presentment made against him by the Grand Jury upon the Informac̄on of Elizabeth Marston in these Words Vizl An Information which is to be made to the Grand Jury by Mrs Elizabeth Marston which is as followeth Vizl that on the Sixteenth Instant day at night of November last past in the house of Elizabeth Marston Mr George Allen was a Drinking of Clarett with severall others in his Company at that time Mrs Elizabeth Marston did then hear Mr George Allen utter these Expressions which was God Damn King George if I knew when he was at Hanover I would go seize his Estate for he owes me money.

Which sayd Informac̄on was thus indorsed Vizl Wee of the Jurors upon a Complaint brought before us upon examinac̄on of Mr James Winright John Reekord & Falkner do find that in November last Geo: Allen did Curse King George as within & doe present him for the same & Signed John Worley Foreman.

And the sayd George Allen in his proper person came and acknowledged himself indebted to our sayd Sovereign Lord King George his heirs & successors in the sum of five hundred pounds and Thomas Betterley

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& William Daniell in the sum of two hundred and fifty pounds each to be levyed on their severall Goods & Chattells Lands & Tenements &c With Condition that the sayd George Allen shall make his personall appearance at the next Genl Court to be held for this Government at Edenton the last Tuesday in July next on the third day of the sayd Court to make answer to the sayd presentment & in the mean time that he be of his good behaviour

A Bill of Indictment having been presented to the Grand Jury against James Pottar on Suspicion of having feloniously taken & carried away a certain parcell of Goods therein mentiond being returnd Ignoramus and he being bound by Recognizance now to appear accordingly came & was dischargd by Proclamation Therefore It is considerd that he may go hence without day payn Costs.

And now here at this day Vizl &c came the aforesayed Henry Baker by Thomas Jones his Attorney to prosecute his Appeall aforesayd from the Judgment of the Court held for Bertie Precinct; and William Maule the Appellee thō solemnly required came not. And it being fully understood by the Court here that the sayd William Maule Appellee departed this life at Bertie precinct aforesayd since the last continuance of the sayd Appeall Therefore it is considered that the sayd Appeall be dismist & that the Appellant pay the Costs alias Exon

The Petition of Benjamin Peyton Admor of the Estate of William Bell Deceased is again referrd to the next Court on the last Tuesday in July next.

And now here at this day (Vizl &c) came the aforesayd Paul Palmer by his said Attorney and the sayd Samuel Phelps also came and hereupon at their Motion & Consent the Arguments thereon are referrd till the next Court on the last Tuesday in July next

And now here at this day (Vizl &c) the aforesayd Peter Young thō Solemnly required came not nor did John Ismay his Security produce him Wherefore it was then and there Considerd & Orderd that another Scire facias should issue requiring him to appear at the next Court on the last Tuesday in July next on the third day of the sayd Court.

And now here at this day (vizl &c) the aforesayd Thomas Swann (thō Solemnly required) came not Wherefore at the motion of the Attorney Genl It is Orderd that another Venire facias do issue requiring him to appear at the next Court on the last Tuesday in July next

And now here at this day (vizl &c) came the aforesayed Mackroro Scarbrough & prayed time till the next Court on the last Tuesday in July next to make answer to the aforesayd Indictment (Thomas Swann his

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Attorney being very sick & weak & uncapable now to attend) Which was granted and Orderd that he then & there appear upon the same Recognizance.

George Burrington Esq: being bound by Recognizance now to appear accordingly came and by John Baptista Ashe his Attorney prayed day till the next Court to answer. Wherefore it is considerd and Orderd that day be given him till the third day of the next General Court to which time the sayd Recognizance is continued.

On the Motion of George Burrington Esq: by John Baptista Ashe It is Considerd & Orderd that he the sayd George Burrington or his sayd Attorney may have copys of the severall Indictments found by the Grand Jury against him at this Court

And then the Court Adjournd

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