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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 30, 1728 - August 06, 1728
Volume 02, Pages 820-829


North Carolina—ss.
At a Genl Court of Oyer & Terminer and Genl Sessions held for the Sayd province at the Courthouse in Edenton begun on Tuesday the thirtieth day of July one thousand Seven hundred & twenty eight & continued by Adjournmt to the Sixth day of August following
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Present
Chistopher Gale Esqr Cheif Justice.
Major Thos Luton Esqr Assistant.
Thos Lovick Esqr Assistant.
Henry Bonner Esqr Assistant.
Thos Speight 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 Grand Jury Vizl

Mr Francis Pugh
Capt George Wynn
Mr Thos Holladay
MrThos Spires
Mr John Keaton
Mr John Stevens
Mr Edward Standing
Mr William Egerton
Mr James Lockhart
Mr Richd Skinner
Mr Arthur Croxton
Mr Robert Hicks
Mr Jeremiah Vaile
Mr William Mackie
Mr Joseph Minge
Mr Jacob Butler
Mr Thomas Bell.
Mr Geo: Lillington

afterwards Mr Robt Hicks was orderd to be Struck out of ye pannell.

And then being chargd with things proper for their Enquiry they withdrew and considerd the Severall matters given them in charge and at their returne presented the following Bills of Indictment: Vizl

A Bill of Indictment against John Lackey of perquimons Labourer for Speaking Treasonable Words

A Bill of Indictment against Christian Newton for Larceny

A Bill of Indictment against Major Joseph Jenoure and peter Young peter Osborne Charles Cornwall Tom the Tinker alias Cockram and Severall others for a Ryot

A presentment of Sr Richard Everard Baront for Striking Doctor Geo: Allen.

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

The petition of William Little Esqr Attorney Genl was read in these Words Vizl

I desire the Court (if they please) to permit Mr Osheall to Appear for ye King in my Stead during my Sickness

Signd
Wm LITTLE

Which petition was accordingly granted

And now here at this day (Vizt &c) the aforesayd George Burrington (tho' Solemnly required) came not nor any answer made to the Bill of Indictment aforesayd Wherefore at the Motion of the Attorney Genl day is given him to appear at the next Court on the last Tuesday in October

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next the sayd Attorney Genl being Sick & uncapable now in person to attend

And now here at this day (Vizl &c) the aforesayd George Burrington (tho' Solemnly required) came not; And the Attorney Genl being Sick and uncapable now to attend the sayd Suite is put in respite untill the next Court the last Tuesday in October next

And now here at this day (Vizl &c) the aforesaid George Burrington & Cornelius Harnett (tho' Solemnly required) came not; And the Attorney Genl being Sick and uncapable now in person to attend. Therefore by the Court here day is given the partys untill the next Court the last Tuesday in October next for them then & there to appear &c.

And now here at this day (Vizl &c) The aforesayd George Burrington (tho' Solemnly required) came not; And ye Attorry Genl being Sick and uncapable now to attend in person. Therefore by the Court here day is given him untill the next Court on the last Tuesday in October next for him then and there to appear &c:

And now here at this day (Vizl &c) the aforesayd John Nairne (tho' Solemnly required) came not, And the Attorney Genl being Sick & uncapable now to attend in person. The Scire facias aforesayd was by the Court here continued returnable to the next Court on the last Tuesday in October next

And now here at this day (Vizl &c) the aforesayd William Lewis Junr (tho' Solemnly required) came not; Wherefore it is Considerd and by the Court here Orderd that a Writt of Exigent do issue returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizl &c) The aforesayd Thomas Oldner (tho' Solemnly required) came not; Wherefore It is Considerd and by the Court here Orderd that a Writt of Exigent do issue 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, Wherefore It is Considerd And by the Court here Orderd that the Writt of Exigent be continued returnable to the next Court on the last Tuesday in October next.

And now here at this day (Vizl) came the aforesayd Edmond Porter and Richard Everard Esq: also came and produced to the Court here a Warrant of Attorney in these words Vizl


North Carolina—ss.

Sr Richard Everard Bart Governor of North Carolina To Richard Everard Esq: Attorney at Law.

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Whereas a certain Bill of Indictment was preferrd & found by the Grand Jury at March Genl Court One thousand seven hundred & twenty seven against Edmond porter of Chowan prcinct Gent. upon the Act of Assembly entituled an Act for the better & more effectuall preserving the Queen's peace and establishing a good & lasting foundation of Governmt in North Carolina And being I am fully assured that the sayd Edmond porter no ways meant or intended any affront to my Self in particular or to disturb the peace of this Governmt I do hereby authorize you the Sayd Richard Everard (the Attorney Genl being indisposd and as is Sayd not capable of Attending this Court) to appear at the Genl Court to be held for this Province And there to enter a Noli prosequi on the Sayd Indictment for which this shall be your Sufficient Warrant

Given under my hand and Seale this third day of August in the Second Year of our Sovereign Lord King George the Second Anno Dni One thousand Seven hundred & twenty eight

Signd
RICHARD EVERARD And a Seale.

Wherefore It is Considerd and by the Court here it is Orderd that the Sayd Edmond porter be thereof dismist and may go hence without day paying Costs

And now here at this day (Vizl &c) the aforesayd Edmond Porter in his own proper person came But the Attorney General being sick and uncapable now to attend Therefore by ye Court here day is given to the Sayd Edmond untill the next Court on the last Tuesday in October next for him then & there to appear &c

And now here at this day (Vizl &c) the Attorney Genl by Mr Osheall his substitute prayd leave to discontinue the Indictment aforesayd which with the consent of the prosecutor is granted And it is considerd that the sayd William Cook be thereof dischargd and may go thereof without day paying costs.

And now here at this day (Vizl &c) The aforesayd Thomas Blount (tho' Solemnly required) came not, and the Attorney Genl being sick and uncapable now to attend; Therefore by the Court here day is given to the sayd Thomas Blount untill the next Court on the last Tuesday in October next for him then & there to appear &c:

And now here at this day (Vizl &c) The aforesayd William Arkill (tho' Solemnly required) came not; And the Attorney Genl being sick and uncapable now to attend, Therefore by the Court here day is given to the sayd William Arkill untill the next Court on the last Tuesday in October next for him then & there to appear &c

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And now here at this day (Vizl &c) The aforesayd Thomas Andrews (tho' Solemnly required) came not; And the Attorney Genl by Mr Osheall his substitute prayd leave to discontinue the Indictment aforesayd which with the consent of ye prosecutor is granted And It is considerd that the said Thomas Andrews be dischargd and may go thereof without day paying Costs.

And now here at this day (Vizl &c) came the aforesayd Thomas Bell But the Attorney Genl being sick & uncapable now to attend Therefore by the Court here day is given to the aforesaid John Worley & Joshua Worley untill the next Court on the last Tuesday in October next for him then & there to appear &c

And now here at this day (Vizl &c) came the aforesayd George Allen but the Attorney Genl being sick and uncapable now to attend. Therefore by the Court here day is given to the aforesayd Gorge Allen untill the next Court on the last Tuesday in October next for him then & there to appear &c.

And now here at this day (Vizl &c) came ye aforesayd George Allen and Submitted himself to the mercy of the Court and acknowledged himself to have been greatly to blame in affronting and abusing the Sayd Court. Wherefore upon mature deliberac̄on thereon had It is Considerd that the sayd George Allen be dischargd of the Indictment aforesayd and may go thereof without day paying Costs.

And now here at this day (Vizl &c) the aforesayd Michael Colding (tho Solemnly required) came not And the Attorney Genl being Sick and uncapable now to attend; Therefore by the Court here day is given to the Sayd Michael Colding untill the next Court on the last Tuesday in October next for him then & there to appear &c:

Information being made to this Court that one John Lackey hath been apprehended for Speaking Severall Treasonable Words for which he hath been admitted to Bayle. And the Court having duly considerd thereof are of Opinion that he ought not to have been Admitted that Liberty Therefore It is considerd and Orderd that the provost Marshall or his Deputy take him into Custody & Com̄itt him to the Goale at Edenton there to remaine until he be deliverd from thence by due Course of Law.

The Honoble Sr Richard Everard Bart came into Court, And upon Oath declard & gave this Court to understand & be informd that on the Second of this instant July a Ryott was com̄itted in Edenton by the following persons Vizt Major Joseph Jenoure. Thos Betterley peter Osborne peter Young Tom ye Tinker alias Cockram Robert Robinson Charles Cornwall James Roe Richd Robbins two forreigners a Tall Irish man a Carpenter

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and divers others unknown who came to the Governors house in a Riotous manner Whereupon the Governor com̄anded them to depart but they refused And afterwards they struck One of the Governors Servants and broke his head.

Whereupon It was Considerd and Orderd that a Warrant should issue directed to the provost Marshall to apprehend the sayd persons and Secure them so that they be and appear at this Court &c

Richard Everard Esq: came into Court and demanded a Warrant against William Little Esqr: Attorney Genl for detaining the Statutes at large and was by the Court informd that a Warrant could not be granted for any thing of that value. Whereupon Sr Richd Everard came into Court and declared that he putt the sayd Books into the hands of the sayd William Little for the use of the publick and not for his own private use as it was Suggested to the Court Whereupon It is Orderd that the provost Marshall or Deputy do waite on the Attorney Genl (who is Sick and uncapable to attend) for the sayd Books

And the Court do engage that they shall be returnd to him agen that the title thereto may be legally disputed And accordingly the Sayd Books were brought into Court & returnd to the sayd William Little on the fifth day of the Court

William Little Esq: Attorney Genl by Mr David Osheall comes to prosecute John Lacke on a Bill of Indictmt found by the Grand Jury against him for uttering treasonable Speeches which Bill was read in these Words Vizl


North Carolina—ss.

To Christopher Gale Esq: Cheif Justice & the rest of the Justices for holding the Genl Court of sessions for the Sayd province at the Courthouse in Edenton the last Tuesday in July One thousand Seven hundred & twenty eight.

The Jurors for our Sovereign Lord the King on their Oath do present that John Lacke of perquimons precinct Labourer not having the fear of God befor his Eyes but moved & instigated by the Devill & his own trayterous & wicked heart & contrary to his allegiance due to his Sacred Majesty's George the Second King of Great Brittain and the Dominions thereunto belonging and with intent as much as in him lay to draw in question ye Title of his Sacred Majty aforesayd & traiterously to move Sedition and Rebellion He the sayd John Lacke at perquimons precinct in the Jurisdiction of this Court On or about ye thirtieth day of June in the year of our Lord One thousand Seven hundred & twenty eight & at

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divers other times He the sayd John Lackey with traiterous intent as aforesayd did utter publish and declare to & in the hearing of many of his Majesty's Leige Subjects these following Traiterous devilish false and wicked words & Speeches following Vizl God damm King George (Our Sovereign Lord the King that now is meaning) I say King James the third here is his health let him reign for ever Against the peace of our Lord the King that now is his Crown & dignity & against the Statutes in that Case made and provided.

Upon Indictment the sayd John Lackey was arraignd & upon his Arraignment he pleaded not Guilty & for Tryall thereof putt himself upon God & the Country Whereupon the Marshall was com̄anded to cause to come twelve &c by whom &c: And there came Mr John Powell Robt Hicks Arthur Mabson James Bates Walter Lane William Whitfield Jacob Lewis William Lyles Thos Hoath John Mainer Wm Halsey & Thos Jones who being impannelld and Sworne On their Oath do say that he is thereof Guilty.

Then the sayd John Lacke being asked if he had anything to say why Sentence Should not pass against him as the law in that Case hath provided and he offering nothing in Avoydance thereof It is thereupon Considerd and adjudgd that he shall receive twenty one Lashes on his bare back at the publick whipping post and that he give Security in the sum of fifty pounds Sterling with two Suretys in the Sum of twenty five pounds each for his good behaviour twelve months and One day and pay Costs.

Whereupon the Sayd John Lacke acknowledgd himself indebted to Our Sovereign Lord the King his Heirs & successors in the sum of fifty pounds Sterling and John Croxton and Roger Kenyon in the Sum of twenty five pounds Sterling each to be levyed on their goods & Chattells Lands & Tenements &c With Condic̄on that the sayd John Lacke shall well behave himself towards his Majesty and all his Leige people for twelve Months & one day then this Recognizance to be void else to remaine of full force.

A Bill of Indictment having been presented to the Grand Jury aforesayd against Robert Gyles upon suspicion of having feloniously taken from Robert Robinson a piece of Gold com̄only called a Moydore and being returnd to the Court here Ignoramus he was dischargd by proclamacation & may goe without day paying fees.

William Little Esqr Attorney Genl by Mr David Osheal comes to prosecute Christian Newton on a Bill of Indictment found against her by the Grand Jury for Larceny in these Words Vizl

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To Christopher Gale Esqr Cheif Justice and the rest of the Justices for holding the Genl Court at a session begun & held the last Tuesday in July Anno Dni One thousand Seven hundred & twenty eight.

The Jurors for our Sovereign Lord the King on their Oath do present Christian Newton of Chowan precinct in the province aforesayd Single Woman not having the fear of God before her Eyes but being moved by the instigation of the Devill at Edenton in the prcinct of Chowan aforesayd on or about the eighteenth day of May Anno Dni One thousand Seven hundred & twenty eight by force and armes did feloniously steale take & carry away from Joseph Jenoure of Edenton Esq: three remnants of Ribbon a payr of Childs first Stockins One flannell Barrow & petticoat a quarterd Capp four childs Shifts a Womans Holland half shirt four Childrens Capps two Childs Neck Clothes two Biggens two Bibbs an Head Band a Scull Capp & a Childs Bed all of the price or Vallue of thirty shillings sterling money of Great Britain being the proper goods of the sayd Joseph Jenoure against the peace of Our Sovereign Lord the King that now is his Crown & dignity &c.

Upon which Indictment the sayd Christian Newton was arraigned and upon her arraignment she pleaded Guilty

And humbly moved the Court for mercy being very young & alledging by her council that it was from the effect of her youthful folly; Wherefore It is Considerd and by the Court here sentencd and adjudgd that she do receive ten lashes on her bare back at the publick Whipping Post and pay Costs alias Exon

On the petition of Joseph Jenoure Esq: praying that his goods mentioned in the aforesayd Indictment should be deliverd to him which was granted And it is considerd & Orderd that a Writt de Bonis restituendis do issue.

A Bill of Indictment having been presented to the Grand Jury aforesayd against David Oliver for ravishing of Elizabeth Hassell and being returnd to the Court here Ignoramus he was dischargd by proclamac̄on and may go thereof without day paying Costs

A Bill of Indictment having been presented to the Grand Jury aforesayd against Fincher Hayne for making and uttering a Counterfeit Bill of Credit in this Governmt And being returnd to the Court here Ignoramus he was dischargd by proclamac̄on & may go thereof without day paying Costs.

A Bill of Indictment having been presented to the Grand Jury aforesayd against John Ballard for Felony and being returnd to the Court here Ignoramus he was dischargd by proclamation and may goe thereof without day paying Costs.

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A Bill of Indictment having been presented to the Grand Jury aforesayd against Judith Sergeanton for receiving Stolen goods And being returnd to the Court here Ignoramus She was dischargd by proclamac̄on and may go thereof without day paying fees

The Bill of Indictment found by the Grand Jury against Joseph Jenoure Gent and others was read in these Words Vizl


North Carolina—ss.

To the Honoble Christopher Gale Esqr Cheif Justice & the rest of the Justices for holding the Generall of the Sayd province

The Jurors for Our Sovereign Lord the King on their Oath do present that Joseph Jenoure late of Edenton Gent Peter Young Peter Osborne Charles Cornwall and Tom the Tinker alias Cockram all of the Town of Edenton Labourrs gathering to them many other Malifactors and Disturbers of the peace to the number of ten or more to the Jurors unknown on the Second day of June in the year of Our Lord one thousand Seven hundred & twenty eight in the Second Year of his Majesty's Reign that now is with force & Armes (that is to Say) with Clubbs Swords Staves and other weapons as well offensive as defensive riotously and unlawfully unite gather and assemble themselves together to the great Terror of his Majtys Subjects And to the disturbance of the peace of Our Sovereign Lord the King at Edenton in the province aforesd And being So assembled and gatherd together then & there with force and Armes and riotously in and upon one John Sadler planter then & there in the peace of God & of our Sovereign Lord the King being an assault and affray did make and him the Sayd John then & there with force & riotously did beat wound & evilly Intreat & other hurts to the great damage of him the Sayd John contrary to peace of our Sovereign Lord the King that now is his Crown and dignity &c: And contrary to the form of the laws in that Case made and provided &c.

And the Sayd Joseph Jenoure &c by David Osheal their Attorney made their appearance. Whereupon at the motion of Thomas Swann who was directed to prosecute in the room of the Attorney Genl the sayd Indicmt is continued untill the next Court on the last Tuesday in October next.

A Bill of Indictment was presented to the Grand Jury aforesayd against Joseph Jenoure Esq: and was returnd to the Court here Ignoramus.

The Grand Jury's presentment of Sr Richd Everard was read in these Words Vizl

The Jurors do present Sr Richard Everard Bart and Governor of this province of North Carolina for calling Doctor George Allen

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from his own house & striking him with his Cane or Stick twice or thrice on the thirtieth day of April One thousand Seven hundred and twenty Seven by the way of Informac̄on of Doctor George Allen Mr Thomas Betterley Mrs Hester Allen and Mary Jones

Signd
FRANCIS PUGH Foreman.

The Honoble Sr Richard Everard Bart Governor came into Court & chargd Severall Members of the Court with having tamperd with the Grand Jury And particularly John Lovick Esq: for having conversed with Mr Francis Pugh who was Foreman of the Sayd Jury Whereupon the Sayd Pugh and the rest of the persons that were of the Sayd Jury came into Court and desired leave to clear themselves which was allowed And they declared that no person whatsoever had ever tamperd with them concerning any Bills of Indictment or presentments by them made whilest they were upon the Sayd Jury, And Mr Arthur Croxton being further interogated if he had not recd a paper from Richd Everard Esq: he acknowledgd that he rec̄d a paper from Richard Everard Esq: in at ye Window whilst the Jury were upon business but that the sayd Richd Everard did not talk with him.

On the Motion of Richd Everard Esqr A paper was deliverd to the Court by John Lovick Esq: which he sayd he had from Arthur Croxton And the Sayd Croxton told him that it was the paper which Mr Everard gave him when he was upon the Grand Jury which paper is by the Court here Orderd to be filed.

On the petition of Doctor Geo: Allen praying that a Dedimus may issue to examine Catherine Donovan who is an Evidence on his behalf in the Aforesayd Suite of Our Sovereign Lord the King against him & is departed from this Governmt to Williamsburgh in Virginia and also a Dedimus to examine Thomas Betterley another of his Evidences in the sayd Suite & is departing from hence to No England

It is Orderd that Dedimuss do issue accordingly.

And then the Court Adjourned

C. GALE C. J.
THOs LUTON
HENRY BONNER
Pr Order
W. BADHAM C. C. G.