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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina
North Carolina. General Court
July 28, 1727 - August 02, 1727
Volume 02, Pages 703-712


North Carolina—ss.
Att a Genl Court of Oyer and Terminer and Genl Goale Delivery held for the Sayd province at the Courthouse in Edenton begun on Tuesday the twenty eight day of July one thousand Seven hundred and twenty
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Seven And Continued by Adjournmts to the Second day of August following.
Present
Christopher Gale Esqr Chief Justice
Major Thomas Luton Esqr Assistant.
John Alston Esqr Assistant.
James Leigh Esqr Assistant.
Thomas Lovick Esqr Assistant.
Thomas Speight Esqr Assistant.

And Severall Members of the Councill (as Justices of the Peace) to hold the Genl Sessions of this Government.

The following persons were impannelld and Sworne of the Grand Jury Vizt

Mr Thos Parris
Mr John Ismay
Mr James Ward
Mr Wm Haughton
Mr John Powers
Mr Wm Whitehead
Mr Thos Hoskins
Mr Edward patchett
Mr Nathl Hall
Mr Richd Minsey
Mr John Blount
Mr Thomas Bryan
Mr Thos Blitchenden
Mr Daniel Shine
Mr John Cotton
Mr John Pettiver.

who being chargd with things proper for their Enquiry withdrew and having considerd the Severall matters given them in charge and on their Returne made the following presentments Vizt

A Bill of Indictment against Elijah Stanton of perquimons precinct planter for Burglary and felony

A Bill of Indictment against George Allen of Edenton Chyrurgeon for going privately Armd And assaulting the Governor

A presentment against Solomon Hews for leaving his lawfull Wife and cohabiting with another woman in which time the woman have had two children

A presentment against John Brown for having left his Wife the daughter of Barnaby Mackennie and cohabits with another which he acknowledges to be his lawfull Wife both of the Sayd Women within this Government.

A presentment against Elizabeth puckett for that she hath left her husband and hath for Some years cohabited with a Negro Man of Capt Simon Jefferies. And then the Grand Jury was dischargd from further Attendance at this Court

And now here at this day (Vizl &c) came the Attorney Genl aforesd and the Sayd Thomas Swann in his own proper person also came And at their Motion and by consent the Tryall of the Sayd Issue is referrd to the next Court on the last Tuesday in October next.

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And now here at this day (Vizl &c) came the Attorney Genl aforesayd and prayed day untill the next Court on the last Tuesday in October next because that the Evidences on behalf of our Sayd Lord the King to this Court are not come; And he hath it the Same day is also given to the Sayd Mackroro Scarbrough who now by his Attorney aforesayd appeard.

And now here at this day (Vizl &c) the aforesayd George Burrington (tho' again called) came not nor made any answer to the Bill of Indictment aforesayd against him for Trespass Assault Misdemeanor & breach of the peace contrary to the Act of Assembly in that case made &c. Wherefore at the Motion of the Attorney Genl aforesayd a pluries is Orderd to be issued thereby to compell him to appear at the next Court on the last Tuesday in October next.

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 Indictment against him for a Trespass & Misdemeanor Wherefore at the Motion of the sayd Attorney Genl It is Orderd that another Writt do issue comanding the provost Marshall to have his body at the next Court on the last Tuesday in October next to make answer to the sayd Bill of Indictment the former Writt granted at the last Court being returnd non est invent.

And now here at this day (Vizl &c) the aforesayd George Burrington (tho Solemnly required) came not; nor Cornelius Harnett who was also called And the returne of the Writt granted at the last Court being (non Sunt inventi) at the motion of the Attorney Genl aforesayd a pluries is granted returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizt &c;) came the Attorney Genl aforesd And the sayd George Burrington (tho' Solemnly required) came not nor made any answer to the Bill of Indictment found against him for Trespass Assault & Misdemeanor in Bath County Wherefore at the Motion of the Attorney Genl another Writt is granted returnable to the next Court on the last Tuesday in October next thereby to compell him then & there to appear &c, the former Writt being returnd non est inventus.

And now here at this day (Vizl &c) came the aforesayd John Nairne and prayed continnance of the Sayd Recognizance untill the next Court on the last Tuesday in October next which by consent of the Attorney Genl is granted.

And now here at this day (Vizt &c) the Sayd Watkin price being Solemnly required to appear & Shew cause (if any he hath or ought can Say why Sentence Should not pass against him) came not, Whereupon It

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was then & there Considerd Sentencd and adjudgd that the Sayd Watkin price shall pay a Fine of ten pounds and also that he give Security for his good behaviour twelve months and one day and pay Costs alias Exon.

And now here at this day (Vizl &c) the Sayd John Martin in his own proper person came and prayed leave to withdraw his plea aforesayd which was granted And then the sayd John Submitted himself to the mercy of the Court. Whereupon It was Sentencd and adjudgd that the sayd John Martin shall pay a Fine of five shillings and also that he give Security in the sum of fifty pounds for his good behaviour three months and pay Costs alias Exon.

And now here at this day (Vizl &c) the Sayd William Ross in his own proper person came and did not gainsay the aforesayd Indictment nor the matter therein contained but wholly Submitted himself to the mercy of the Court Whereupon It was Sentencd and adjudgd that the sayd William Ross shall pay a fine of five shills & also that he give Security in the Sum of fifty pounds for his good behaviour three months and pay Costs alias Exon

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 an alias Capias is Orderd to be issued returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizl &c) the sayd John Richardson (tho' Solemnly required) came not: And it being given to the Court here to understand that Since the last continuance of the Sayd Suite the sayd John is departed this life Wherefore by the Court here It is Considerd & Orderd that the same be dismist.

And now here at this day (Vizl &c) The Sayd John Richardson (tho' Solemnly required) came not; And it being given to the Court here to understand that since the last Continuance of the Sayd Suite the sayd John is departed this life & has left no Estate or Effects in this Governmt Wherefore It is Considerd and by the Court here Orderd that the Sayd Suite be dismist.

And now here at this day (Vizl &c) The Sayd Thomas Oldner (tho' Solemnly required) came not; and the Marshalls returne on the Writt aforesayd being (Non est inventus) at the Motion of the Attorney Genl an Alias Capias is Orderd to be issued returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizl &c) The aforesayd Thomas Spencer (tho' Solemnly required) came not; nor did the Marshall make returne of the Writt aforesayd; Wherefore at the Motion of the Attorney Genl

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a pluries is Orderd to be issued returnable to the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd Edmon porter on the Indictmt aforesayd; But the sayd Edmond (tho Solemnly required) came not; And the Marshalls returne being non est inventus At the Motion of the Attorney Genl an Alias Capias is granted returnable to the next Court on the last Tuesday in October next. and Orderd to be issued accordingly

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the Sayd Edmond porter on the Indictmt aforesayd. But the sayd Edmond (tho' Solemnly required) came not; And the Marshall's returne being Non est inventus At the Motion of the sayd Attorney Genl an Alias Capias is Orderd to be issued returnable to the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd William Cook on the sayd Indictment; But the sayd William (tho Solemnly required) came not; And the Marshall's returne being Non est invent. At the Motion of the sayd Attorney Genl an Alias Capias is Orderd to be issued returnable to the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd Thomas Blunt on the sayd Indictmt but the sayd Thomas (tho' Solemnly required) came not; And the Marshall having returnd the Writt not executed; At the Motion of the sayd Attorney Genl an Alias Capias is Orderd to be issued returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizl &c.) the aforesayd William Arkill in his own proper person came & prayd his appearance might be entred and thereupon It was considerd and Orderd that he be continued upon the Recognizance aforesaid untill the third day of the next Genl Court on the last Tuesday in October next at the Motion of the Attorney Genl wherewith the sayd William Arkill was content.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd Thomas Andrews on the sayd Indictmt but the sayd Thomas (tho' Solemnly required) came not; And the Marshall having returnd Non est invent. on the Capias aforesayd At the Motion of the Attorney Genl an Alias Capias is orderd to be issued returnable to the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the sayd William Williford on the sayd Bill of Indictment.

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And the sayd William Williford tho' Solemnly requird came not the Marshall being also called to produce him sayth that he is not to be found &c. Wherefore It is Considerd and by the Court here Orderd with the consent of the sayd Attorney Genl that a Copy of the Indictment & proceedings thereon be sent to the Justices of the peace for the precinct of Bertie at the next Court to be held for the sayd prcinct for them the sayd Justices to examine into the demeritts thereof and according to their opinion to make their Report to the next Genl Court to be held for this Governmt at Edenton the last Tuesday in October next that the sayd William Williford may be further prosecuted or dischargd as to the sayd Court shall then & there seem meet.

And now here at this day (Vizl &c) came the Attorney Genl aforesayd to prosecute the Sayd John Worley & Joshua Worley on the Sayd Presentment but the sayd John & Joshua (tho' Solemnly required) came not. Wherefore at the Motion of the sayd Attorney Genl It is Considerd & Orderd that an Alias Capias issue returnable to the next Court on the last Tuesday in October next.

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictment found by the Grand Jury against Elijah Stanton for Burglary & Felony which was read in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Chief Justice and the rest of the Justices for holding the Genl Court of Sessions begun & held at Edenton the last Tuesday in July one thousand Seven hundred and twenty Seven.

The Jurors for our Sovereign Lord the King on their Oath do present that Elijah Stanton of the precinct of perquimons in the Sayd province planter not having the fear of God before his eyes but being moved and instigated by the Devill in the precinct of perquimons aforesayd on the sixteenth day of June One thousand Seven hundred & twenty seven in the night of the same day by force & armes the Mansion or Dwelling house of Thomas Weeks of & in the sayd precinct planter feloniously & burglariously did break into and enter and thence feloniously and burglariously did take and carry away eight pounds five Shillings publick bills of Credit of this province & between two & three Gallons of Hogs lard or Fatt two middle peices of Bacon and eighteen yards of Cloth being the moneys or Bills & proper Goods & Chattells of the sayd Thomas Weeks against the peace of Our Lord the King that now is his Crown & dignity &c.

Upon which Indictment he was arraigned and upon his Arraignmt he pleaded (Not guilty) and for Tryall thereof putt himself

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upon the Country Whereupon the Marshall was com̄anded to cause to come twelve &c: and there came Capt William Downing William Charlton Capt John Span Mathew Casewell John Lewis John Falconer William Charlton Junr Thomas Williams, John Relfe Ralph Bozman Francis Branch & Joseph Hudson who being impannelld and Sworne on their Oath do say

Wee of the Jury do find the prisoner Guilty of Felony to the thirty shills

Signd
Wm DOWNING Foreman

And then the Sayd Elijah Stanton being called & brought to the Barr and being askt if he any thing had to say why Sentence of Death should not pass against him prayd the Benefit of the Act of Parliament made in the twelfth year of Queen Anne wherein the Clergy is allowd if the goods are not found to be of the value of forty shills

Wherefore It is Considerd Sentenced and adjudged that he be burnt in the hand with the letter T also that he give Security for his good behaviour for twelve Months and one day himself in the sum of fifty pounds and two Sureties in twenty five pounds each And then to be dischargd paying fees.

On the petition of Nathl Hall praying to be allowd for his charges in apprehending and com̄itting the sayd Elijah Stanton and attendance as Evidence upon his Tryall Orderd that the sayd Elijah Stanton do pay him the Sum of two pounds eighteen shills & fourpence with Costs alias Exon

On the petition of Thos Weeks praying to be allowd for his charges in conveying the sayd Elijah Stanton to prison & for Attendance as Evidence upon his Tryall Orderd that the Sayd Elijah do pay ye sum of three pounds fifteen & ten pence with Costs alias Exon

On the petition of Ann Weeks praying to be allowd for her attendn &c as Evidence on behalf of our Sovereign Lord the King against the sayd Elijah Stanton Orderd that he pay her the Sum of two pounds three shills & four pence with Costs alias Exon

William Little Esq: Attorney Genl comes to prosecute the Bill of Indictmt found by the Grand Jury against George Allen of Edenton Chyrurgeon for going privately armd and assaulting the Govr which was read in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice and the rest of the Justices for holding the Genl Court of Sessions for the sd province begun & held at the Courthouse in Edenton the last Tuesday in July one thousand Seven hundred & twenty Seven.

The Jurors for our Sovereign Lord the King on their Oath do present that George Allen of Edenton Chyrurgeon not having the fear of God

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before his Eyes and not regarding his duty & allegiance to preserve the Kings peace and the present Governmt here establisht but being moved & instigated by the Devil & his own boysterous Temper & Seditious heart Vizl in Edenton in Chowan precinct in the province of Carolina on or about the twenty fourth day of June one thousand Seven hundred and twenty Seven did go Secretly armd against the peace & did threaten & give out in Speeches that he went thus armd against Sr Richard Everard Baront then & still Governor of this province & afterwards Vizl on the next day in the place aforesayd he the sayd George being armd with two pistolls Vizl a pockett pistoll and a Horse pistoll under his arm both loaden with power & Ball and a Sword did then & there mutinously and in an hostile manner come to the Sayd Sr Richd Everard Baront then & still Governor as aforesayd & being by the sayd Governor Seized and his larger pistoll taken from him & he bidd to be gone and com̄anded to his good behaviour he the sayd George thereon most wickedly against the peace & in defiance of the Authority of this Governmt did then & there imediately assault the sayd Sr Richd Everard Baront then & still Governor of this province as aforesayd saying to him the sayd Governor who had just taken one pistoll from him these Words God damn You (the sd Governor meaning) I have another (meaning another pistoll) I am still prepard for you and did thereupon then & there Cock & present a pistoll loaden with powder and ball & primed at & against the Sayd Sr Richd Everard then & there Governor of this province offering & threatning to Shoot & kill him in the presence & hearing of divers of his Majestys leige Subjects contrary to his duty & good abearance with evill intent to raise sedition & mutiny and destroy the present Government happily Establisht & the peace & tranquillity thereof Arming against. All which is in high contempt & resistance & defyance of the authority of this Governmt and in utter Subversion thereof against the peace of our Sovereign Lord the King that now is his Crown & dignity and Contrary to the Acts & Laws in that Case made & provided &c

and the sayd George Allen in his own proper person appeard who being asked how he would acquit himself of the Crimes chargd against him in the aforesayd Indictment Sayd that he is thereof not Guilty & of this he putts himself upon the Country and William Little Esq Attorney Genl likewise And by consent of both partys the Tryall of the sayd issue is referrd to the next Court on the last Tuesday in October next. And it is further Orderd that he stands continued on his Recognizance for his appearance at the sayd Court.

The presentment of the Grand Jury against Solomon Hews was read in these Words Vizt

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Wee of the Grand Jury do present Solomon Hews Severall persons amongst us Say of their own knowledge that he hath for some time left his lawfull Wife & hath Cohabited with another Woman in which time the Woman have had two Children

Endorsd
THOs PARRIS Foreman

The presentment of the grand Jury against John Brown was read in these words Vizt

Wee of the Grand Jury do present John Brown of Bertie precinct alias Bath Severall amongst us Say that they know him to have left his Wife the daughter of Barnaby Mackinne & cohabits with another which he acknowledges to be his lawfull Wife both of the Sayd Women Within this Government

Endorsed
THOs PARRIS Foreman.

The presentmt of the Grand Jury against Eliza puckett was read in these words Vizt

Wee of the Grand Jury do present Eliza puckett Severall persons amongs us of their own knowledge say that she hath left her husband & hath for Some Years cohabited with a Negro Man of Capt Simon Jefferies

Signd
THOMAS PARRIS Foreman

Which presentmts being read It is Considerd of and by the Court Orderd that they be referrd to the Justices of the Precinct of Bertie at their next Court to be held for the sayd precinct for their further Enquiry into the prmises; And it is further Orderd that Copys of the Sayd presentments and proceedings thereon to be thither Sent.

The petition of Thomas Gibson was read in these words.


North Carolina Genl Court—ss.

To the Honoble Christopher Gale Ch: Justice and his assistants now Sitting in Court.

The Petition of Thomas Gibson Son of Elenor Gibson late of pasquotank precinct deceased humbly Sheweth.

To yor Honorrs That yor Petitionrs Mother Ellenor Gibson dyed possesst of a very large personall Estate as pr Inventory and that yor petitionr being then a Minor administrac̄on was com̄itted to one Mr John Blish who took the same Estate into his hands & in a very short time afterwards the Sayd John Blish dyed & made one William Willson his Extōr who entred upon & took the possession of the Same Estate And your petitionor Sheweth to Yor Honors that he is of full age & ought to

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have his proportionable part of the Same estate be being a fourth Claimer Yet ye sayd William Willson Exon as aforesayd the one fourth part of the Same Estate to yor petitionr to deliver altogether refuses Wherefore yor petitionr prays an Order of this Court to compell ye Sayd William Willson Extor as aforesd to deliver to yor petitionr ye one fourth part of the Same Estate & in the very Same Species that it then Consisted of & yor petr as in duty bound shall ever pray &c

Signd
THO GIBSON

Whereupon It was considerd that the sayd William Willson should be summond to appear at ye next Court on the last Tuesday in October next with his accots as Exon Stated,

And then the Court adjournd
per Ordr of Ch: Just: & assistants