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Colonial and State Records of North Carolina
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Minutes of the General Court of North Carolina
North Carolina. General Court
October 31, 1727 - November 04, 1727
Volume 02, Pages 712-720


North Carolina—ss.
At a Genl Court of Oyer & Terminer & Genl Goal delivery held for the Sayd Province at the Courthouse in Edenton begun on Tuesday the thirty first day of October Anno Dni one thousand Seven hundred & twenty Seven and continued by adjournment to the fourth day of November following
Present
Christopher Gale Esq Cheif Justice Esqr Assistant
Major Thos Luton 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 & Sworne of the Grand Jury Vizl

Mr John Relf
Mr William Willson
Mr William Daniel
Mr Jos: Sanderson
Mr John Falconar
Mr John Blount
Mr William Arrington
Mr Jonathan Kitterill
Mr Charles Barber
Mr Francis Hobson
Mr Robert Anderson
Mr Ralph Bozman
Mr James Mackdaniel
Mr Thos Com̄ander
Mr John Norcomb
Mr Seth Pilkington
Mr John Davis
Mr Charles Jorden

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

-------------------- page 713 --------------------

A Bill of Indictment agt Wm Hughes for Felony

A Bill of Indictment against William Hughes for Felony

A Bill of Indictment against John Williams alias William Hughes for assaulting Wounding & dismembring James Singleton Deputy Marshall in the Execution of his Office.

A Bill of Indictment against George Allen of Edenton Chururgeon for abusing the Court & resisting the Marshall in the Execution of his office

A Presentment against Michael Colding for a Breach of the Kings peace

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

And now here at this day (Vizl &c) The sayd Thomas Swann in his own proper person came and William Little Esq: Attorney Genl on behalf our Sovereign Lord the King appeard and Sayd that he would no further prosecute the Indictmt aforesayd against the sayd Thomas Swann The Honoble the Governor having assented to dismiss the Same Wherefore It is Considerd and by the Court here Orderd that he be thereof dismist & may go without day.

And now here at this day (Vizl &c) The sayed Macroro Scarbrough in his own proper person came and William Little Esq: Attorney Genl on behalf of our Sovereign Lord the King appeard and sayd he would no further prosecute the Indictmt aforesayd against the Sayd Macroro Scarbrough The Honoble the Governor having assented to the dismission of the same Wherefore It is Considerd and by the Court here Orderd that he be thereof dismist and may go without day paying Costs.

And now here at this day (Vizl &c) the sayd Geo: Burrington tho' agen called came not, nor made any answer to the Bill of Indictmt aforesd against him for Trespass assault misdemeanor and Breach of the peace contrary to the act of Assembly in that Case made &c: Wherefore It is Considerd and by the Court here Orderd on the Motion of the Attorney Genl that ye writt aforesayd be continued returnable to the next Court on the last Tuesday in March next

And now here at this day (Vizl &c) the Sayd George Burrington tho' agen called came not nor made any answer to the Bill of Indictment afore Sayd against him for a Trespass & Misdemeanor Wherefore at the Motion of the Attorney Genl It is Considerd and by the Court here Orderd That the Writt aforesayd be continued returnable to the next Court on ye last Tuesday in March next.

-------------------- page 714 --------------------

And now here at this day (Vizl &c) the sayd George Burrington (tho' solemnly required) came not Nor Cornelius Harnett who was also called Wherefore on the motion of the Attorney Genl It is considerd and by the Court here Orderd that the Writt aforesayd be continued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The said George Burrington (tho' Solemnly required) came not nor made any answer to the Bill of Indictment aforesayd agt him for a Trespass assault and misdemeanor in Bath County Wherefore on the motion of the Attorney Genl It is Considerd & by the Court Orderd that the Writt aforesayd be continued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The sayd John Nairne (tho' Solemnly required) came not but made default. Wherefore on the motion of The Attorney Genl It is Orderd that a Scire facias do issue returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the sayd William Lewis Junr (tho' Solemnly required) came not. Wherefore on the motion of the Attorney Genl a pluries is Ordered to be issued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) the sayd Thomas Oldner (tho' Solemnly required) came not: Wherefore on the motion of the Attorney Genl a pluries is Orderd to be issued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The aforesayd Thomas Spencer (tho' Solemnly required) came not; Wherefore on the motion of the Attorney Genl a Writt of Exigent is Orderd to be issued agt him.

And now here at this day (Vizl &c) the aforesayd porter (tho' Solemnly required) came not; and the returne of the Writt being non est invent: Wherefore on the Motion of the Attorney Genl a pluries is Orderd to be issued returnable to the next Court the last Tuesday in March next.

And now here at this day (Vizl &c) the aforesd Edmd porter (tho' Solemnly required) came not; and the returne of the Writt aforesayd being non est invent. Wherefore on the motion of the Attorney Genl a pluries is Orderd to be issued returnable to the next Court on the last Tuesday March next.

And now here at this day (Vizl &c) came the aforesayd William Cook and before Major Thomas Luton one of the Assistant Justices of this Court entred into Recognizance in these Words Vizl

-------------------- page 715 --------------------

North Carolina—ss.

Be it rememberd that on the fourth day of November One thousand Seven hundred & twenty Seven personally came before me William Cook of Edenton in the province aforesayd Oyster Man alias dict: Capt William Cooke owner and Master of a small deckt Vessell and William Rowden of Edenton aforesd Baker and acknowledgd themselves indebted to our Sovereign Lord the King in the following sums Vizl in the sum of fifty pounds each to be levyed on their severall goods & Chattells Lands & Tenements &c: With Condic̄on that if the above bound William Cook shall personally appear at the next Genl Court to be held for this Governmt at Edenton on the last Tuesday in March next on the third day of the sayd Court to answer to such matters as shall be objected against him by the Attorney Genl on a Bill of Indictment found against him by the Grand Jury at March Genl Court last and in the mean time that he be of his good behaviour then this Recognizance to be voyd or else to remain in full force and virtue.

Whereupon the sayd Suite was putt in respite untill the next Court on the last Tuesday in March next

And now here at this day (Vizl &c) the sayd Thomas Blunt tho' Solemnly required came not; Wherefore on motion of the Attorney Genl the Writt of alias Capias is continued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The aforesayd William Arkill (tho' Solemnly required) came not; Wherefore on the Motion of the Attorney Genl a Writt of Scire facias is orderd to be issued requiring him to appear at the next Court on the last Tuesday in March next to Shew cause if any he have or ought can Say why his Recognizance should not be declared forfeited.

And now here at this day (Vizl &c) the aforesayd Thomas Andrews (tho' Solemnly required) came not: and the Returne of the Writt aforesayd being (non est invent:) Wherefore on the Motion of the Attorney Genl a pluries is orderd to be issued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The aforesayd John Worley and Joshua Worley (tho' Solemnly required) came not; Wherefore on the motion of the Attorney Genl the sayd Writt of Alias Capias is continued returnable to the next Court on the last Tuesday in March next.

And now here at this day (Vizl &c) The aforesayd George Allen (tho' Solemnly required) came not nor did William Harding Jones or Arthur Mabson his Suretys produce him; Wherefore on the motion of the Attorney

-------------------- page 716 --------------------
Genl It is orderd that a Scire facias do issue returnable at ye next Court on ye last Tuesday in March next requiring him and his Sayd Suretys to shew cause if any they have why the Sayd Recognizance Should not be declared forfeited.

And now here at this day (Vizl &c) came the aforesayd Thomas Gibson by Thos Swann his Attorney; And the Sayd William Willson in his proper person came and prays Auditors to be appoynted to Settle the Accot of the Estate And accordingly Collo John palin David Bailey Nathl Hall and Robt Loury Senr or any three of of them are by the Court here appoynted Auditors to Settle the Accots of the Sayd Estate and to make returne thereof to the next Court on the last Tuesday in March next.

William Little Esqr Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against William Hughes for Felony wch was read in these Words Vizl


North Carolina—ss.

To the Honoble Christopher Gale Esqr Cheif Justice and the rest of the Justices for holding the Genl Sessions on the last Tuesday in October One thousand Seven hundred & twenty Seven

The Jurors for our Sovereign Lord the King on their Oath do present that William Hughes of the province of North Carolina Labourer not having the fear of God before his Eyes but being moved by the Instigation of the Devill at Bertie precinct in the province aforesayd on or about the nineteenth day of September Anno Dni one thousand Seven hundred and twenty Seven did fraudulently & feloniously Steale take and carry away from John Barten of Bertie precinct planter two Handkercheifs one old Ozenbriggs Shirt one old Hatt one payr of Silver Shirt Buttons one payr of Garters One Ivory handle Knife & forke two Small bunches of white tape a Bottle with Some Rum and one knitt Capp of the value of ten shills contrary to the peace of our Sovereign Lord the King that now is his crown & dignity.

Signd
WILLIAM LITTLE Attorney Genl
Endorsd Billa vera
John Relf Foreman.

To which Indictment the sayd William Hughes pleaded Not Guilty but being called to the Barr a Second time in Order for his Tryall he prayd leave to withdraw his plea aforesayd which being granted he then pleaded Guilty and humbly moves the Court for mercy, Whereupon It was Considerd & Adjudgd That the sayd William Hughes shall receive thirty nine lashes on his bare back and that he stand com̄itted till the same is performd

-------------------- page 717 --------------------

William Little Esq: Attorney Genl comes to prosecute William Hughes on a Bill of Indictmt found against him by the Grand Jury for felony in these Words Vizt


North Carolina—ss.

To the Honoble Christopher Gale Esq Cheif Justice & the rest of the Justices of the Genl Sessions held at Edenton the last Tuesday in October one thousand Seven hundred & twenty Seven

The Jurors for our Sovereign Lord the King on their Oath do present that William Hughes of the province aforesaid Labourer not having the fear of God before his Eyes but being moved by the instigation of the Devil at Moratuck River in Bertie precinct within the province of North Carolina aforesayd on or about the eleventh day of September One thousand Seven hundred & twenty Seven by force and armes did fraudulently and feloniously Steale take & carry away from a Canoe then lying at the Landing of Mr David Henderson on the South Side of Moratuck River aforesayd & belonging to John Bentley of Bertie precinct planter three Jackeets one payr of Shoes two payr of yarn Stockings One Garlix Shirt one Course Shirt two payr of Breeches of Linnen one payr of Buckles One Ivory Comb & Comb Case and one old Silk Handkercheif of the value of ten shillings against the peace of our Sovereign Lord the King that now is his Crown and dignity &c

Signd
Wm LITTLE Attorney Genl
Endorsd Billa Vera
Jon Relf Foreman

To which Indictment the Sayd William Hughes pleaded (Not Guilty) but being called to the Barr a Second time in Order for his Tryall he prayd leave to withdraw his plea aforesayd which being granted he then pleaded Guilty And humbly moves the Court for mercy. Whereupon It was Considerd Sentencd & Adjudged that he burnt in the hand with the Letter T: which Sentence was putt in Execution accordingly

William Little Esq: Attorney Genl comes to prosecute John Williams alias William Hughes on a Bill of Indictmt found against him by the Grand Jury for felony in these words Vizl


North Carolina—ss.

To the Honoble Christopher Gale Esq: Cheif Justice & the rest of the Justices for holding the Genl Sessions on the last Tuesday in October Anno Dni One thousand Seven hundred & twenty Seven

The Jurors of Our Sovereign Lord the King on their Oath do present that John Williams alias William Hughes of the sayd province planter

-------------------- page 718 --------------------
not having the fear of God before his Eyes but instigated by ye Devil and his own malitious and seditious Vizl in the in the sd province on or about the eight day of September one thousand Seven hundred and twenty Seven did by force and Armes against the peace an Assault did make on the body of James Shingleton Deputy Marshall in the sayd province then & there in the Execution of his Sayd office being & him did beat bruise batter wound and dismember and other enormitys to the Sayd Officer he the Sayd John Williams alias William Hughes then & there Seditiously & mutinously did against the peace of our Lord the King his Crown and Dignity and contrary to an Act of Assembly in that Case made & provided &c

Signd
W. LITTLE Atto Genl

To which Indictment the Sayd John Williams alias William Hughes pleaded Guilty and humbly moves the Court for mercy.

Whereupon It was Considerd Sentencd & adjudgd that he shall stand in the pillory tomorrow from twelve of the Clock at Noon till two in the afternoon And then that he be dismist without day paying Costs

William Little Esq: Attorney Genl comes to prosecute George Allen on a Bill of Indictment found against him by the Grand Jury in these words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice & the rest of the Justices for the Genl Sessions on the last Tuesday in October One thousand Seven hundred & twenty Seven.

The Jurors for our Sovereign Lord the King on their Oath do present George Allen of Edenton in the precinct of Chowan within the Sayd province Chyrurgeon not having the fear of God before his Eyes but moved & instigated by the Devill and his own Seditious heart and malitious Spirit Vizl at Edenton aforesayd on the Second day of November one thousand Seven hundred & twenty Seven at the Genl Court for the province within the Courthouse in Edenton aforesayd then held & Sitting he the sayd George having made a motion to the Sayd Court which on Solemn arguing and debate by by the sayd Court was rejected And the sayd George being checkt for his want of Good manners in Court by the Honoble Christopher Gale Esqr then and Still Cheif Justice of the sayd province & the Cheif Justice of the Sayd Court with Thos Luton Thomas Lovick & Henry Bonner Esqrs Members of the Sayd Court then Sitting he the sayd George in an Impudent manner then & there in open Court sayd to the Sayd Cheif Justice these insolent words Vizl I value you not

-------------------- page 719 --------------------
(inuendo) the Sayd Cheif Justice thereby holding him and his Authority in contempt & Defyance. And further that he the sayd George then and there in open Court imediately after the aforesayd contemptuous Speeches turnd himself from the Bench to the Com̄on people without the Rayles which were many & utterd these seditious & opprobious false & Scandalous words & Speeches Vizl You (inuendo the sayd people) See Gent that I cant have com̄on Justice (inuendo that the Sayd Cheif Justice and the rest of the Court denying doing him common Justice) intending thereby to oppugn & asperse the Justice honor integrity and authority of the sayd Court & to move the Sayd people then & there present to Sedition Mutiny & insurection and to further his sayd flagitous intent the Sayd Court having Orderd thereon the Provost Marshall to take the Sayd Geo: Allen into custody to answer for his Sayd Seditious & insolent Speeches & give Bond for for his good behaviour he the Sayd George imediately fled to his dwelling house in Edenton aforesayd and gave out in Speeches he would be the death of any Marshall that would offer to medle with or touch him & Robert Hicks Esqr provost Marshall thereupon going to his the sayd George Allen's house to take him into custody the sayd George Allen's house to take him into Custody he the sayd provost Marshall was then & there resisted by the sayd George Allen by a Gunn who Swore that if the Sayd provost Marshall offerd to touch him the Sayd George he would Shoot him the Sayd provost Marshall who thereupon making report thereof to the Court was Orderd to take ayd And the sayd Provost Marshall thereupon with his Deputys and Sundry people com̄anded in Ayd attempting to take take the sayd George he agen in his House resisted them & Stood out in Contempt & defyance & with Armes opposed them All which done with force & Armes in manner aforesayd & the aforesayd most contemptuous Speeches are an high misdemeanr in utter contempt of authority and tending to breed mutiny & begett Sedition in the Sayd province and is against the peace of Our Lord the King that now is his Crown and & dignity & contrary to an Act of Assembly in that Case made and provided

Signd
Wm LITTLE Attry Genl
Endorsd Billa vera
Jon Relf Foreman

And on the motion of the Attorney Genl It is Considerd and by the Court here & Orderd that a Capias do issue requiring him to appear at the next Genl Court in March next to make answer to the Sayd Indictment and further that he give Security to be of his good behaviour in the mean time.

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The Rule of Court mentiond in the aforesayd Indictmt was Orderd to be entred in these Words Vizl

George Allen came into Court & preferrd a List of Sundry Evidences he had that he wanted to be sworne in of the King to go to the Grand Jury and the Attorney Genl being asked if he had any occasion for the Sayd Evidences answered he knew nothing of them And thereupon the Sayd George Allen Sayd they were against Sr Richard Everard for breach of the peace in assaulting him & threw down on the Court Table an Indictmt ready drawn agt the the Sayd Sr Richd Everard which was filed. And then the Attorney Genl informd the Court that there was an Indt already found by a former Grand Jury against the Sayd George Allen for assaulting the Honoble the Governor at that time and going privately armd to Shoot him And the Sayd George Allen and his Wife being among these Evidences he offerd to be sent to the Grand Jury to prove the assault by the Governor and therefore could not be Evidences for the King but were really designd against him in the End but being to the Court & the Court were of opinion on the whole matter that it was not proper and the sayd George Allen turnd himself from the Court to ye people Saying take notice Gent I cant have com̄on Justice & having just before told the Cheif Justice in Court he valued him not It was thereupon Orderd that the Marshall Should take him into custody till he gave Security in One hundred pounds for his good behaviour. Whereupon the sayd George Allen fledd to his house & gave out in Speech that the Marshall that came to take him should loose his life And the provost Marshall going out to take him at his house he with Armes threatned to shoot him dead if he offerd to touch him as the Sayd Marshall made returne and thereupon It was Orderd by the Court that the Marshall take ayd to take the sayd George Allen into Custody to be brought before ye Court.

The presentment agt Micheal Colding by the Grand Jury was read in these words Vizl By Complaint of Mrs Elizabeth Marston Wee of the Jury present Michael Colding for a Breach of the Kings peace Signd Jon Relf Foreman & agreed to be putt in form by the Attorney Genl And thereupon it was considerd & by the Court here orderd that a Capias do issue for to compell him to appear &c at the next Court on the last Tuesday in March next & that he give security in the Sum of ten pounds to be of his good behavr in ye mean time.

And then the Court adjourned per order

C. GALE C. J.
W. Badham C. C. G.