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Minutes of the General Court of North Carolina
North Carolina. General Court
March 28, 1727 - April 05, 1727
Volume 02, Pages 686-703

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[From Records of General Court.]

North Carolina—ss.
At a Genl Court of Oyer & Terminer and Genl Goale Delivery held for the Sayd province at the Courthouse in Edenton begun on Tuesday the twenty eight day of March one thousand Seven hundred and twenty seven and Continued by adjournments to the fifth day of April following
Present
Christopher Gale Esq: Chief Justice
Barnaby Mackinney Esqr Assistant
John Alston Esqr Assistant
Thomas Lovick Esqr Assistant
Henry Bonner Esqr Assistant

And Severall Members of the Council as Justices of the peace to hold the Genl Sessions of this Government

The following persons were impannelld and Sworne of the Gand Jury Vizl

Capt John Speir
Thos Luton Junr Esq
Capt Jon pettiver
Capt Saml patchett
Mr James Wood
Mr John Earley
Mr Francis Branch
Mr Thomas Garrett
Mr David Bailey
Mr David Hicks
Mr John Cotton
Mr Thomas Ashley
Mr Joseph Stoakley
Mr Henderson Luton
Mr John Relf
Mr Jonathan Jones
Mr John Harloe
Capt Aaron Blanchard
Capt Enoch Ward
Capt Benjamin Hill
Mr Edmond Smithwick
Mr ffrancis Pugh
Mr William Willson

who being chargd with things proper for their enquiry withdrew and considerd the Severall matters given them in charge and on their returne made Presentment of the following Bills Vizl

A Bill of Indictmt agt Edmond Porter for high Misdemeanor on the Act for preserving the Queens peace

A Bill of Indictmt agt Edmond Porter for Libelling the Cheif Justice

A Bill of Indictmt against Wm Cooke for a Misdemeanor

A Bill of Indictmt agt Thomas Blount for breach of the peace

A Bill of Indictmt agt John Miles for Felony

A Bill of Indictmt agt William Arkill for breach of the peace

A Bill of Indictmt against Thomas Andrews for perjury

A Bill of Inditcmt against William Williford for breach of the peace

And presented John Worley Esq: and Joshua Worley his Son for an Assault made by them on the body of Capt Thomas Bell.

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And then the sayd Grand Jury was dischargd from further Attendance.

Edmond Porter of Chowan Precinct Gent came into Court and prayed that his appearance might be entred which was granted And the Attorney Genl consented that a nolli prosequi may be entred on the presentment of the Grand Jury The last Court Therefore It is Considerd that the sayd Edmond be thereof dischargd and may go without day paying Costs

William Little Esq Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against Edmond Porter for high Misdemeanors on the act for preserving the Queens Peace in these Words Vizl


North Carolina—ss.

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

The Jurors for our Sovereign Lord the King on their Oath do present Edmond Porter of Chowan precinct Gent for that the sayd Edward not having the fear of God before his Eyes but instigated & moved by the Devill and his own wicked heart and Seditious Spirit to sow dissension strife & discord among the people of this Province and to revile and bring into contempt the Honoble the Governor that now is and others the principall Officers & Ministers in the Administrac̄on of the Government in order to disaffect the people of the sayd province of North Carolina to the present Governmt within the sayd province and the Authority of the Same thereby to raise faction and Sedition mutiny & Rebellion did utter & give out divers Seditious Speeches & menacing behaviour did use and Sundry Libells & gross & Scandalous aspersions did make utter & cast upon & towards the Honoble the Governor that now is and divers others Members of the Council and others in high Authority in this Governmt particularly that first he the sayd Edmond Vizl in Edenton in Chowan precinct on or about the twenty sixth day of July last he the sayd Edmond an Assault did make on John Lovick Esqr Secretary of this province and Member of Council & in the presence of the Honoble Sr Richd Everard Baront Governr an Affray did begin in presence of the Governor as aforesayd in contempt of Authority and in great & imminent danger of raising a Mutiny thereby and soon after the affray was by the Authority of the Governr and Severall Officers of the Government interposing appeasd the Sayd Edmond in a most insolent manner then

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& there insulted the sayd Sr Richard Governor and with his hatt on with a menacing countenance and threatning behaviour to the sayd Governor Skaking his head & doubling his Fist & shaking it at the Sayd Governor did say to him you (the sayd Sr Richd Governor meaning) are a worthless fellow You (the sayd Sr Richd Governor meaning) are a fine man to be Governor (meaning ironically he was no ways fitt to be Governor) You (inuendo the sayd Sr Richd) draw your Sword on me & I will swear it. altho' the sd: Sr Richard did not draw his Sword but com̄anded the peace to Suppress the afray & to prevent Mutiny and bloodshedd and soon after at the same time & place he the Sayd porter in the midst of a Crowd of people & in their hearing did publickly Say damn them (the Sayd Governor and Officers meaning) I will go raise fifty men directly (meaning in a rebellious & Seditious manner) against the Government & the authority thereof And again soon after then & there in the hearing of a great multitude did Say he the sayd Edmond wd bring thirty armed Friends upon the town if the Cheif Justice would not hear his Complaint meaning & threatning thereby to raise force agt the Governmt in great contempt of Authority & in danger of raising mutiny & rebellion within the sayd province Secondly and also that the Sayd Edmond with the Same wicked intent & Seditious mind Vizl in Carolina aforesayd on or about the fifteenth day of August one thousand Seven hundred & twenty six in the presence & hearing of divers of his Majestys leige Subjects did utter divers contemptuous & Seditious false Speeches & opprobious aspersions against the Honoble the Governor that now is & divers Members of the Councill & others particularly that he that now is Governor (meaning the Honoble Sr Richd Everard then & still Governor) is a man of no Substance or reputation and that as for the president (Collo William Reed meaning) a member of the Council & formerly president of this province if he was guilty of what was layd to his charge as he (the Sayd porter meaning) verily believd he was worthy of death and that the Secretary (John Lovick Esq: Member of Council meaning) he had run thro' and endeavourd to kill and would have killed if he had not been prevented and that a great Villian had been pickt for the foreman of the Grand Jury and what he Sayd the rest of the Grand Jury yeilded to and to mend the matter they (meaning the Governor and Council) had made him a Member of Council (meaning and defaming thereby John Worley Esq a Member of Council who was Foreman of the Grand Jury at the Genl Court in March in one thousand seven hundred & twenty six) & also did further contemptuously speak of Mr Thomas Speight and Major Henry Bonner both assistant Justices of
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the Genl Court & Members of the lower house of Assembly at the last Sessions insinuating & declaring that they were not fitt to be chosen nor should be chosen Burgesses at another Election because they had taken a Comission Under the Governor Thirdly and also that the sayd Edmond with the same wicked heart & evill & Seditious intents Vizt in Carolina aforesayd on or about the fourth day of January one thousand seven hundred and twenty six Writt published & by way of Libell in a Letter to Christopher Gale Esq Cheif Justice did publish & utter Severall contemptuous and Scandalous Speeches & insinuation against the Honoble Sr Richard Everard Barront Governor of this province concerning a Negro who claiming his freedom had applyd himself to the Governor who Ordered the Cheif Justice to cause a fair Tryall to be had at the next Court & the Negro to be kept safe till the Court concerning which the Sayd Edmond in the sayd Libell or Letter doth say by the Same Rule he (inuendo the Governor) has done that he may take my Bed my horse or my Oxe and again (if by being Governor he thinks himself invested with an absolute power of Acting as he thinks fitt it will be convenient in due time to convince him the contrary and make him Sensible that English born Subjects will never tamely give up their undoubted right while so inestimable a Book as Magna Charta is) thereby insinuating & Suggesting that the sayd Sr Richard Governor thought himself invested with an absolute power & acted in an Arbitrary manner against Magna Charta and invading the rights and libertys of the Subjects which is a most high heinous and Scandalous & false Aspersion & in great Contempt of the Sayd Governor And also the sayd Edmond on the Sayd Libell did urge the Sayd Cheif Justice to advise the Sayd Sr Richard the Governor to a better conduct & his inclinac̄ons are rapid & Strong thereby most Scandalously insinuating the Sayd Governors conduct in his Administrac̄on of the Government to be ill and his inclinations rapacious violent arbitrary and unjust by all which contemptuous Speeches and Libell the sayd Governor might be brought into disrepute and renderd Odious and Contemptible & weakend & obstructed thereby in the execution & administrac̄on of the Government for all which manifest false Scandalous & Seditious Speeches behaviour & libelling against the Honoble Sr Richard Everard Governor of this Province & others Members of the Council and Ministers of Justice done utterd and perpetrated by the sayd Edmond Porter at the times & places aforesayd & in the manner aforesayd with intent to move Sedition & mutiny against the Government and to obstruct the officers & overthrow the authority thereof & to involve this Country in Faction Sedition Bloodshed & Rebellion Wee the Sayd Jurors on our Sayd Oath do present the
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sayd Edmond Porter to be Guilty at the places & times and in manner as aforesayd of an high & heinous Misdemeanor in utter contempt of the authority of this Governmt agt the peace of our Lord the King that now is his Crown & dignity & against the Act of Assembly in such case made & provided

Ordered that the Marshall do take into his Custody the body of the Sayd Edmond Porter So that he have him before the Cheif Justice & the rest of the Justices at the next Genl Court to be held at Edenton on the last Tuesday in July next on third day of the Court then & there 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 Edmond Porter for Libelling the Cheif Justice in these Words Vizl


North Carolina—ss.

To the Honoble the Cheif Justice & the Assistant Justices of the Genl Court begun & holden at Edenton on the last Tuesday in March one thousand Seven hundred & twenty Seven

The Jurors for our Sovereign Lord the King on their Oath do present that Edmond Porter of Chowan precinct Gent not having the fear of God before his Eyes nor the good and quiet of this Governmt regarding but desirous to move and begett Sedition and Strife and dissention and to weaken & render contemptible the present Administrac̄on & more particularly most falsely & malitiously to asperse defame Slander & bring into contempt Christopher Gale Esqr Cheif Justice of this Province and Member of the Council and him in the Administrac̄on of Justice & the executing his duty in the qualitys aforesayd to obstruct & injure & render odious & contemptible did vizl in Chowan prcinct on or about the fifth day of November one thousand Seven hundred & twenty Six Suborne procure & prevail with one John Derricott late Master of the Sloop Burrington belonging to the Sayd Edmond and one Tunis Vangelder to come before Edward Moseley Esqr one of his Majesty's Justices & publish utter & by way of Libell & defamation publish under his the Said Derricotts hand and on his corporall Oath before the Sayd Edward Moseley Justice at the instance of the Sayd Edmond taken falsely in Chowan aforesayd declare these false Scandalous & malitious Words (he inuendo the Sayd Christopher Gale) did insult him (the Sayd Derricott meaning) and called him Pyrate & threatned to imprison him only as he (inuendo the Sayd Derricott conceivd) for doing his duty in opposing the Sayd Gales Illegall Officer (meaning

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thereby) one Edward Howcott Deputy Marshall lawfully appoynted & duly qualifyed whom the Sayd Derricott had opposed & threatened to shoot in the Execution of his the Sayd Howcots Office for Serving an Attachment on the Estate of Tunis Vangelder in the usual manner granted & deliverd him to Serve Secondly and further that the sayd Edmond with the same wicked intent as aforesayd at the same place & day and year aforesayd before the same Edward Moseley Esqr Justice did falsely & malitiously say utter write and under his hand Signe and by way of Libell publish and falsely and contemptuously to authority make Oath to Severall things concerning an Attachment in due form & usual manner granted by the Order of the Genl Court at the Suite of Collo John Worley against the estate of Tunis Vangelder Servd and returnd by Edwd Howcott Deputy Marshall more particular for that he the sayd Edmond in his Sayd Deposition did falsely and malitiously assert insinuate & by way of Libell and contempt of the Sayd cheif Justice and the rest of the Justices of the Sayd Court publish Suggest and declare as aforesaid that he (meaning the Sayd Edmond) knows the Sayd proceedings (the sayd Attachment & proceedings meaning) to be Arbitrary & illegall & also the Sayd precept (the aforesayd Attachment meaning) not to be a regular precept nor servd by a proper Officer And further with like wicked intent to defame the Sayd Christopher Gale Cheif Justice & him render as Arbitrary in the execution of his Office & obstructing Trade to compell money to be paid illegally & arbitrarily at the same time & place in the Deposition aforesayd the sayd Edmond did falsely insinuate Suggest and by way of Libell say & utter and falsely make Oath that on the ninth day of October last he the Sayd Edmond was informd by the Sayd Master Vizt John Derricott of the proceedings of the Sayd Edward Howcott the day before on board the Sayd Vessel and how the Sayd Master had opposed him upon which this Deponent (the Sayd Edward meaning) informd Vangelder of the Same & had directions rather than the Sloop should be detaind to discharge the same (meaning the Debt for which the Attachment was) accordingly this Deponent (the Sayd Edmond meaning) went to Edenton & finding what was done about the same they (inuendo the Sayd Cheif Justice & they in Authority) intended to Stop the Sloop which having on board a Cargo of Horses Lumber & live Stock &c did on the twenty sixth day of October last answer the Sayd Debt whereas in truth the Sayd Vangelder long before the Sayd time of Serving the Attachment Vizt when he sold the Sayd Edmond a part of the Sayd Sloop did give the Sayd Edmond Orders out of what he owd Vangelder for the part of the Sayd Sloop to
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pay the aforesayd Debt justly due to Collo John Worley and Stop the Attachment from coming out which the Sayd Edmond promised to do; And the Sayd. Vangelder verily thought had been done altho' in truth & reality notwithstanding what the sayd Edmond in his Deposition hath Sworne and Suggested the Sayd money is not yet payed either to the Sayd Worley or the Sayd Howcott neither in truth had the sayd Vessel on board when the Sayd Attachment was Servd any Horses or live Stock neither had she at her clearing out which was on the first of November following Thirdly And further Wee present that the Sayd Edmond porter with the same evil mind & wicked intent to defame & injure the Sayd Christopher Gale Cheif Justice & him in the execution of his Office to render odious and particularly concerning a power of Attorney from One John Derricott to Thomas Andrews provd before the Sayd Cheif Justice by the Oath of one John Hodges & by the Sayd Cheif Justice on the back of the Sayd power of Attorney certifyed to so provd in order to render the Sayd Certificate of the Sayd Cheif Justices false and forged & the Cheif Justice thereby odious and Scandalous he the Sayd Thomas Andrews Vizt in Chowan precinct on or about the twenty fourth day of January one thousand Seven hundred and twenty Six before the Same Edward Moseley Esq: Justice of the peace at the procurement instance & Subornation of the sayd Edmond did falsely swear & on Oath declare publickly that notwishstanding what is Sett forth on the back of the power of Attorney (the aforesayd power of Attorney meaning) yet the Sayd John Hodges was not Sworne, & also insinuated in the Same Oath falsely that the Sayd John Hodges was only examind thereon and declared to the Sayd Cheif Justice that he had not seen the Sayd Derricott execute the Sayd power of Attorney And further in prosecution of the Same wicked intent of Subornation at the same time and place and before the same Justice did practice upon and endeavor to persuade Suborne and prevaile with the Sayd John Hodges to make Oath falsely in like manner the Same the Sayd Andrews did Swear & to compell and induce the Sayd Hodges thereto privately offerd if the Sayd Hodges would make Oath he had not been Sworne before the Cheif Justice he the Sayd Edmond would Spend an hundred pounds rather the he should be hurt by so doing but the sd Hodges refusing the Sayd Edmond to terrify the Sayd Hodges moved to the Sayd Edwd Moseley Justice to have the Sayd Hodges comitted to prison for refusing to take Such Oath but the Sayd Edward Moseley Esqr refused to com̄itt the Sayd Hodges and he the Sayd Hodges declared that he had been Sworne before the Sayd Cheif Justice as was certifyed
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on the back of the Sayd power of Attorney and it was true and he would not Swear backwards & forwards and so utterly refused for all which false swearing libelling and defaming the Sayd Cheif Justice & others in Authority and Suborning and practising on and Endeavoring to Suborn others falsely to Swear against the Sayd Christopher Gale Esqr Cheif Justice thereby to render him odious & contemptible and weaken the Administrac̄on of Justice whereby Mutiny Sedition vice aspersions immorality might prevaile Wee the Sayd Jurors on our Sayd Oath do present the Sayd Edmond porter to be Guilty as aforesayd of high Offences and great Misdemeanors in disturbance of the quiet & tranquillity of this Governmt & in great Contempt of the Laws & Authority thereof against the peace of Our Sovereign Lord the King that now is his Crown & dignity &c.

Orderd that the Marshall do take into his Custody the body of the Sayd Edmond porter So that he have him before the Cheif Justice & the rest of the Justices of the Genl Court at the next Court to be held at Edenton the last Tuesday in July next on the third day of the Sayd Court 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 William Cooke for a Misdemeanor in these Words Vizl


North Carolina—ss.

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

The Jurors for our Sovereign Lord the King on their Oath do present William Cooke of Edenton in the province of North Carolina aforesayd Oysterman (alias dict: Capt William Cooke Owner & Master of a Small deckt Vessel for that he the Said William on the sixth day of March Vizl in the precinct of Chowan before William Downing Esq: one of the Assistants Judges or Members of the Genl Court of this province with a malitious intent to asperse & defame Christopher Gale Esq Cheif Justice of this province in his publick capacity of Cheif Justice did upon his Oath falsely malitiously willingly and corruptly depose swear and in writing affirm that some time in August last past as by the Deposition in these words Vizl


North Carolina—ss.

The Deposition of of Capt William Cooke of full age maketh Oath on the holy Evangelists that on or about the Month of August last past

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being Owner & Master of a Small deckt Vessel in which he used the Coasting Trade of this province and that about the time aforesayd there came on board the Sayd Vessell Mr Robt Route provost Marshall and Joseph Young his Deputy who brought an Attachment from Christopher Gale Esq: Cheif Justice of this Province to attach the Sayd Vessell for a Debt of twenty pounds due to one James Peeke which Debt & charges after the Marshall had kept the Sayd Vessell about ten days & unbent her sayles he was obliged to pay before he could gett his Vessell agen which proceedings this Depont says he apprehends was very illegall & that no precept could be Servd in that manner by any Authority but that of the Admiralty and further this Depont Sayth not Subscribd March the Sixth one thousand seven hundred and twenty six Seven Sworne before me & Signd William Downing certifyed a true Copy by the sayd William Dowing

and now here produced Whereas in truth it doth appear that the sayd Attachmt mentiond in the Sayd Deposition was not an Attachmt to Attach the Sayd Vessell but a Judicial Writ of a Right to attach the goods and Chattells of the Sayd William Cooke and is not to be den'd by the Officer Granting the Same. And further that the said William was not obligd to pay the sayd Debt of twenty pounds before he could gett possession of his Vessell again as in the Deposition is Sett forth for that he might have had possession thereof upon giving security to appear at the next Genl Court following after the Executing the Sayd Attachmt to answer the suite of James peek plantiff nor did Robt Route Esq: provost Marshall who Executed the Sayd Attachmt keep the sayd Vessell any longer in his custody than from the twelfth day of August to the nineteenth day of the same Month which in the whole amounts but to Seven days for all which falsely on Oath libelling and defaming the Justices and Officers of the Genl Court in contempt of the Authority of this Governmt & to begett Strife Sedition & dissention Wee the Sayd Jurors on Our Sayd Oath do present the Sayd William Cooke to be guilty of a great Misdemeanor 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 the Marshall take into his Custody the body of the Sayd William Cooke so as to have him before the Cheif Justice and the rest of the Justices of the Genl Court at the next Court to be held at Edenton the last Tuesday in July next on the third day of the Sayd Court then & there to make answer to the aforesayd Bill of Indictment

William Little Esq: Attorney Genl comes to prosecute a Bill of Indictment against Thomas Blount for breach of the peace found by the Grand Jury in these Words Vizt

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North Carolina March Genl Court One thousand Seven hundred & twenty Seven.

The Jurors for Our Sovereign Lord the King on their Oath do present and Say that on the eighteenth of this instant March Vizl in Bath County One Thomas Blount of the Sayd Bath Counter planter by force and Armes an Assault & greivous battery did make on Robert Campain of the Sayd County and him then & there the Sayd Thomas did beat Batter bruise and Sorely wound with Sticks Clubbs and fist insomuch that his life was despaired of Wherefore Wee the sayd Jurors on Our Sayd Oath do present that the Sayd Thomas Blount for Trespass & breach of the peace at the time & place and in manner as aforesayd against the peace of our Sovereign Lord the King that now is his Crown & dignity &c

And on the Motion of the Sayd Attorney Genl It is Orderd that the Marshall take into his Custody the body of the sayd Thomas Blount so as to have him before Our Cheif Justice & the rest of the Justices of the Genl Court at the next Court to be held at the Court House in Edenton the last Tuesday in July next on the third day of the Sayd Court then & there to make answer to the aforesayd Bill of Indictment.

William Little Esq: Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against John Miles of Edenton in Chowan precinct Taylor for felony in these words Vizt


To the Honoble Christopher Gale Esq: Cheif Justice & the rest of the Justices of the Genl Court begun and held at Edenton the last Tuesday in March One thousand Seven hundred & twenty Seven.

The Jurors for our Sovereign Lord the King on their Oath do present that John Miles of Edenton in Chowan precinct Taylor not having the fear of God before his eyes but being movd by the instigation of the Devill to witt in Chowan precinct on or about the twenty Seventh day of February in the year of our Lord one thousand Seven hundred and twenty six did fraudulently & feloniously steal take and carry away from William Williams one Jugg and one Butterpott full of Rum containing two Gallons of the value of ten shillings by force and Armes &c against the peace of Our Lord the King that now is his Crown & dignity &c.

To which Indictment the Sayd John Miles pleaded not Guilty but being called a Second time to the Barr in Order for his Tryall he prayd leave to withdraw his plea aforeayd and plead de novo which was granted And thereupon the Sayd John Miles pleaded Guilty to the value of twelve pence And the Attory Genl having by Order of the Governor and Council entred a Nolle prosequi on the aforesayd Indictment Therefore It is Considerd and Adjudged

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that he be thereof dischargd and may go without day paying Costs. Whereupon Collo John Worley came into Court and payd the Costs due from the sayd John Miles and also assumed & promised to pay William Williams fifteen pounds due from the Sayd John Miles also to find and provide good & Sufficient meat drink lodging & Apparrell for & during the Term of three Years In Considerac̄on whereof the Sayd John Miles doth covenant and agree to Serve the Sayd John Worley or his Assignee the full Term of three Years and at the Expirac̄on thereof to depart his Masters service without Courte and Clothes or money instead thereof as the Law in that Case hath provided which Agreement being made by the partys in Court It is Orderd to be binding.

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


North Carolina March Court one thousand Seven hundred and twenty Seven

The Jurors for our Sovereign Lord the King on their Oath do present William Arkill of Chowan precinct Labourer for that the Sayd William Vizl in Chowan aforesd on or about the eighteenth day of January One thousand Seven hundred and twenty six by force & Armes &c against the peace an Assault did make on Bartholemew Scott of Edenton and him then & there with Stones and other weapons did most greivously beat and wound breaking his Jaw bone in two places and his finger and So Soreely wounded him that his life was despaired of for which wee the Sayd Jurors on our Sayd Oath do present the sayd William Arkill for trespas and breach of the peace at the Sayd time & place in manner as aforesayd against the peace of Our Sovereign Lord the King that now is his Crown & dignity &c.

And on the motion of the Sayd Attorney Genl It is Orderd that the Marshall do take into his Custody the body of the Sayd William Arkill so as to have him before the Cheif Justice and the rest of the Justices of the Genl Court at the next Court to be held at Edenton the last Tuesday in July next on third day of the Sayd Court then & there to make answer to the aforesayd Indictment

William Little Esqr Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against Thomas Andrews for perjury in these words Vizl

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North Carolina To March Genl Court One thousand Seven hundred and twenty Seven

The Jurors for our Sovereign Lord the King on their Oath do present that Thomas Andrews of North Carolina Marriner on or about the twenty fourth day of January One thousand Seven hundred & twenty Six Vizl in the precinct of Chowan being brought before Edward Moseley Esqr one of his Majesty's Justices of the peace to give Evidence concerning a power of Attorney from one John Derricott to constitute the Sayd Andrews his Attorney for recovery of wages due from Edmond porter to the Sayd Derricot which power was certifyed on the back thereof by Christopher Gale Esq: Cheif Justice to be provd before him by the Oath of John Hodges but he the Sayd Thomas Andrews not having the fear of God before his eyes did then and there before the Sayd Justice voluntarily malitiously and falsely depose and on Oath declare that the sayd Thomas Andrews was present at the time the Sayd Hodges was examind and certifyed to be Sworne by the sayd Christopher Gale Cheif Justice and that the Sayd Hodges was not Sworne at all notwithstanding what was so certifyed by the sayd Cheif Justice and further that the Sayd Thomas in his Sayd Deposition did falsely and malitiously Suggest assert & insinuate that the Sayd Hodges at the Sayd time declared to the Sayd Cheif Justice that he never Saw the Sayd Derricott execute the Sayd power of Attorney notwithstanding what is certifyed otherwise by the sayd Cheif Justice in great Contempt and Defamation of the sayd Christopher Gale Esq: Cheif Justice as well as utterly against the truth wherefore Wee the Sayd Jurors on Our Sayd Oath do present the sayd Thomas Andrews for willfull perjury 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 the provost Marshall or Deputy do take into his custody the body of the Sayd Thomas Andrews so as to have him before the Cheif Justice and the rest of the Justices for holding the Genl Court at the next Court on the last Tuesday in July next on the third day of the sayd Court then & there to make answer to the aforesayd Indictment.

William Little Esq: Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against William Williford for breach of the peace in these words vizt


North Carolina March Genl Court one thousand seven hundred & twenty seven

The Jurors for our Sovereign Lord the King on their Oath do present that William Williford of Bertie Labourer Vizt in the sayd precinct on

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or about the fifteenth day of February one thousand Seven hundred & twenty Six with divers others unknown William Williford by force and Armes an Assault did make on Thomas Spires Deputy Marshall & did batter beat bruise and wound Francis Pugh then and there in ayd & Assistance of the Sayd Thomas Spires Deputy Marshall being for all which done by force & Armes and against the peace Wee do present the sayd William Williford for an high breach of the peace against the peace of our Lord the King that now is his Crown & dignity &c;

And on motion of the sayd Attorney Genl It is Ordered that the Marshall do take the body of the Sayd William Williford into his custody So as to have him before the Cheif Justice & the rest of the Justices for holding the Genl Court on the last Tuesday in July next on the third day of the Sayd Court then and there to make answer to the aforesayd Indictment.

The presentment made by the Grand Jury against Collo John Worley and Joshua Worley the Son of the Sayd Collo John Worley was read in these words Vizl

April the first one thousand Seven hundred & twenty Seven presentment against Collo John Worley & Joshua Worley the son of the Sayd Collo John Worley in and for assault and Battery made on the body of Thomas Bell near the Brickhouse in Moratucke the Seventeenth day of November last One thousand Seven hundred & twenty six Endorst good presentmt John Speir Foreman

Orderd that the Marshall take into his custody the body of the Sayd John Worley and Joshua Worley so as to have them before the Cheif Justice & the rest of the Justices for holding the Genl Court at the —— Courthouse in Edenton to begin & holden the last Tuesday in July next on the third day of the Sayd Court then & there to make answer to the aforesayd presentment.

It being represented to this Court that it is highly necessary that a Ferry should be settled over Cape Fear River and that part of the province not being layd out into precincts Therefore it is by this Court Orderd that the Ferry be kept for that River by Cornelius Harnett from the place designd for a Towne on the West Side of the River to a place called the Hauleover And that he receive the Sum of five Shills for a man & horse and half a Crown for each person and that no person to keep any Ferry within ten miles of the sayd places

The petition of Anne Thomas being read in these Words Vizt

To the Honoble the Justices of the Genl Court now Sitting The humble petition of Anne Thomas Humbly Sheweth that your petitionr Servd the last of her time with William Cooke of Bertie precinct and I have been at three

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pounds charge already and can gett no Satisfaction these are therefore humbly to begg the favour of Your Honors to grant me an Order for my Corn and Clothes either of my last Master or of John Early who sold me to him which yor Honors think ought to pay me And Your Honors humble petitionr as in duty bound shall forever pray &c

Signd
ANN THOMAS

It is thereupon Orderd that William Cooke be summond to appear who came And the Arguments thereon being being fully heard It is Orderd that the Sayd William Cook pay her three barrells of Corne & four pounds in Bills with Costs alias Execution.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd and the Sayd Deft (being also called) came And at their motion and by Consent the Tryall of the Sayd Issue is referrd till the next Court to be held for this Government at Edenton the last Tuesday in July next.

And now here at this day (Vizl &c) came the Sayd Attorney Genl and the Sayd Deft (being also called) came Whereupon the Marshall was Comanded to cause to come twelve &c by whom &c and there came Vizl Mr Joseph Minge Mr Patrick Egerton Mr William Watson Mr Thomas Callaway Mr William Jones Mr Robert Tullington Mr Richard Oldner Mr Luke Gregory Mr Richd Skinner Mr David Linzey Mr Jonathan Clift and Mr Ralph Bozeman who being impannelld and Sworne On their Sayd Oath do Say that Watkin price is Guilty Whereupon the Sayd Watkin price by Thomas Swann his Attorney moved an Arrest of Judgment & prayed time over as by an Act of Assembly made in this Government; And It being Considerd of by the Court here It is their Opinion that the Defts. Case comes not with the Sayd Act of Assembly and therefore the sayd Defts. motion for time over is disallowd but by the Court here it is granted that he may time this Court to move in arrest of Judgment And if longer time be desired It is further Orderd that the Court shall adjourn & Stay Judgment for four days which was by Thomas Swann the Sayd Watkin prices Attorney refused.

And afterwards the Attorney Genl moved that the Sentence of this Court thereon might be putt in respite untill the next Court on the last Tuesday in July next which was granted

And now here at this day (Vizl &c) came the aforesayd Attorney Genl and the Sayd Mackroro Scarbrough also (being Solemnly required came) And by consent of the Sayd Attorney Genl It is made a Rule of this Court that a Nolle prosequi shall be entred at the next Court on the last Tuesday in July next If the Actions depending at Com̄on Law against

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him as Administrator or otherwise be determined by the Arbitrac̄on of John Lovick & Edward Moseley Esqs Arbitrators therein indifferently chosen If not then the Indictment and proceedings thereon to Stand and remaine in Statu quo.

And now here at this day (Vizl &c) came the Sayd William Little Esq: Attorney Genl and Sayth that the Sayd James Castellaw on the Sayd Indictment he will not any further prosecute And the Sayd John Nairne in his own proper person came into Court and acknowledgd himself indebted unto our Sovereign Lord the King his Heirs and Successors in the sum of twenty pounds Sterling to be levyed on his good & Chattells Lands & Tenements &c: With Condition that he personally be and appear 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 then & there to make answer to the Sayd Indictment and in the mean time that he keep the peace of our sayd Lord the King & be of his good behaviour and not to depeart from the sayd Court without lycence then this Recognizance to be voyd else to remaine of full force.

And now here at this day (Vizl &c) the Sayd Thomas Spencer (tho' again called) came not nor made any answer to the Informac̄on against him filed as aforesayd Wherefore at the motion of the Attorney Genl aforesayd it is Orderd that another Writt do issue requiring and comanding the Marshall to take into his custody the body of the Sayd Thomas Spencer So as to have him before the Cheif Justice & the rest of the Justices for holding the Genl Court at the next Court the last Tuesday in July next to make answer to the Information aforesayd

And now here at this day (Vizl &c) the aforesayd Richard Washington who was continued on his Recognizance now to appear is dismist thereof and may go without day paying Costs.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd Indictment against the sayd John Martin and the Sayd John (tho' Solemnly required) came not nor Supported the plea aforesayd Wherefore It is made a Rule of this Court at the Motion of the Attorney Genl that unless the Sayd Deft. appear without further notice at the next Court on the last Tuesday in July next to justify his plea that the matter be taken pro confesso and Sentence be past thereon as the sayd Court Shall think fitt.

And now here at this day (Vizl &c) the Sayd William Ross (tho' Solemnly required) came not nor any answer made unto the Indictment aforesayd Wherefore at the motion of the Attorney Genl It is Orderd that another Writt do issue directed to the Provost Marshall or Deputy requiring

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and comanding that the Sayd William Ross be taken into custody so that he be and appear at the next Genl Court to be held for this Governmt at Edenton the last Tuesday in July next to make answer to the Sayd Indictment.

And now here at this day (Vizl &c) the Sayd William Lewis Junr (tho' Solemnly required) came not: Wherefore at the Motion of the Attorney Genl It is Orderd that another writt do issue directed to the Provost Marshall Com̄anding him or Deputy to take the Sayd William Lewis Junr into custody so that he personally be & appear at the next Court on the last Tuesday in July next to make answer to the aforesaid Indictment

And now here at this day (Vizl &c) the Sayd John Richardson (tho' Solemnly required) came not Wherefore at the Motion of the Attorney Genl It is Orderd that another Writt do issue directed to the Provost Marshall or Deputy comanding the Sayd John Richardson to take into Custody so as to be & appear at the next Court on the last Tuesday in July next to make answer to the aforesayd Indictment.

And now here at this day (Vizl &c) the Sayd John Richardson (tho' Solemnly required) came not Whereupon at the Motion of the Attorney Genl It is Orderd that another Writt do issue directed to the Provost Marshall or Deputy com̄anding the Sayd John Richardson to be taken into Custody So as to be and appear at the next Court to be held for this Government at Edenton the last Tuesday in July next to make answer to the Indictment aforesayd

And now here at this day (Vizl &c) the aforesaid Thomas Oldner (tho' Solemnly required) came not. Wherefore at the Motion of the Sayd Attorney Genl It is Orderd that the Marshall do take into his Custody the body of the Sayd Thos Oldner so that he personally be and appear at the next Genl Court on the last Tuesday in July next to answer the Sayd Indictment

And now here at this day (Vizl &c) the aforesayd George Burrington (tho' Solemnly required) came not nor made any answer to the Bill of Indictmt found against him for Trespass Assault Misdemeanor and breach of the peace &c Wherefore at the Motion of the Attorney Genl It is Orderd that another Writt do issue com̄anding the Marshall to take the body of the Sayd George Burrington So as that he personally be and appear at the next Court on the last Tuesday in July next to make answer to the Sayd Indictment (no returne of the Capias granted at the last Court having been as yet made).

And now here at this day (Vizl &c:) the aforesayd Geo: Burrington (tho Solemnly required) came not nor made any answer to the Bill of

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Indictment aforesd found against him for a Trespass & Misdemeanor Wherefore at the Motion of the Attorney Genl It is Orderd that another Writt do issue com̄anding the Marshall to take the body of the sayd Geo. Burrington into his Custody So as that he personally be & appear at the next Genl Court on the last Tuesday in July next to make answer to the Sayd Indictment no returne of the former Capias having been as yet made

And now here at this day (Vizl &c) the aforesayd George Burrington and Cornelius Harnett (tho' Solemnly required) came not nor made answer to the Bill of Indictment aforesayd against them found Wherefore at the motion of the Attorney Genl It is Orderd that another Writt do issue comanding the Marshall to take them into his custody So as that they personally appear at the next Court on the last Tuesday in July next to make answer to the aforesayd Indictment.

And now here at this day (Vizl &c) the aforesayd George Burrington (tho' Solemnly required) came not nor made answer to the Bill of Indictmt against him found agt him for Trespass assault & Misdemeanor in Bath County Wherefore at the Motion of the Attorney Genl It is Orderd that another Writt do issue com̄anding the Marshall to take the body of him the sd George into his Custody So as that he personally appear at the next Court on the last Tuesday in July next to make answer to the aforesayd Indictment.

The petition of peter Vantrump a negro was read in these Words Vizl


North Carolina—ss.

To the Honoble Christopher Gale Esqr Cheif Justice of the Genl Court February the third one thousand Seven hundred & twenty Six

The Complaint and petition of peter Vantrump a free Negro Sheweth that yor Complainant being a free Negro and at his own voluntary disposall & hath hired himself to Service Sundry times particularly in New York and other places and being at St Thomas's this Summer past one Capt Mackie in a Brigantine from thence being bound (as he reported) to Europe Your Honors Complainant agreed to go with him in Order to gett to Holland but instead of proceeding the Sayd Voyage the Sayd Mackie came to North Carolina where combining with one Edmond porter of this province and fearing the Sayd Mackie not to be on a lawfull Trade Yor Complainant was desirous to leave him and the Sayd porter by plausible pretences gott Your Complainant to come away from the Sayd Mackie with him altho' Your Complainant often told the Sayd porter that he was

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not a Slave but a free man Yet nevertheless the Sayd porter now against all right now pretends Your Complainant to be his Slave and hath held and used him as Such wherefore Your Complainant prays he may be adjudgd & declard free as in Justice he ought to be & Signd Peter Vantrump; The Order thereon made by the sayd Cheif Justice was also read in these words Vizl

Edenton Febr the fourth one thousand seven hundred & twenty six. Orderd that the sayd Negro be taken by the provost Marshall in Order to be had without fayle at the next Genl Court for Tryall of his liberty and freedom & that Edmond porter be servd with a Copy of the Complaint of the sd peter Vantrump & the Order thereon also with a Scire facias at the Sayd Court to appear & Shew cause (if any he have) why the Sayd peter should not be judgd free & that there may be no loss in the mean time to the Owner (if any such should appear to be) it is Orderd that the provost Marshall do lett the sayd peter to Service to Such Safe persons as will be answerable for his forthcoming & will give Sufficient Security to produce the Sayd peter at the Sayd Court (Mortality excepted)

Signd
C. GALE C: J:

And now the Sayd Edmond porter into Court came and the Sayd Peter Vantrump by the Provost Marshall was also brought and the Arguments on both Sides being by the Court fully heard and understood It is considerd & Orderd that the Sayd petition be dismist.

Michael Colding being bound by Recognizance now to appear accordingly came and no person offering to prosecute or give Evidence against him he is dischargd without day payn Costs.

William Arkill into Court came and prayd that his Appearance may be entred And then he acknowledged himself indebted to our Sovereign Lord the King his Heirs successors and Assignes in twenty pounds to be levyed on his goods & Chattells Lands & Tenements &c With Condition that he will personally appear at the next Court on the last Tuesday in July next then & there to make answer to the Bill of Indictment found by grand Jury against him as aforesayd & will not depart the Court without Lycence & in the meantime be of his good behaviour