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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 29, 1728 - November 05, 1728
Volume 02, Pages 829-834


North Carolina—ss.
At a Genl Court of Oyer and Terminer and Genl Sessions held for the Sayd province at the Courthouse in Edenton begun on Tuesday the
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twenty ninth day of October one thousand Seven hundred & twenty eight and Continued by Adjournment to the fifth day of November following
Present
Christopher Gale Esq: Chief Justice
Major Thos Luton Esqr Assistants
Major Jon Alston Esqr Assistants
Major Barn: Mackinne Esqr Assistants
Thomas Lovick Esqr Assistants
Major Henry Bonner Esqr Assistants

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

Capt John Solley
Mr Robt Hicks
Mt John Speir
Mr Joseph Cotton
Mr Richd Skinner
Mr Wm Harding Jones
Mr Wm Mackie
Mr James Howard
Mr James Sanders
Mr James Bates
Mr Wm Turner
Mr Edw: Howcott
Mr John Blackman
Mr Robt Lowry
Mr Thos Twidey
Mr Luke White
Mr Wm Arrington
Mr Thos Luton Junr
Mr David Bayley
MrJohn Ismay

who being chargd with things proper for their enquiry withdrew and considerd the matters given them in Charge and on their returne made presentment as follow Vizl

A Bill of Indictment against Nathl Martin for Felony

A Bill of Indictment agt John Lovick Esq: for Striking ye Honoble Sr Richd Everard Bart Governor

A Bill of Indictment against Thomas Bell of Chowan precinct for Libelling Collo Worley and others

Also they presented John Walker Overseer of the Roades upon the South Shore

And Henry Bradley of Bertie precinct for killing of Cattell in the Woods and not bringing in the Hyde with the Ears on.

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

An Order from the Governor and Council was in these Words, Vizl


North Carolina—ss.

At a Council held at the Council chamber in Edenton the third day of Novemr One thousand Seven hundred & twenty eight Present the Honoble Sr Richd Everard Bart Govr &c: William Reed Chr: Gale J.

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Lovick E. Moseley T. Pollock T. Harvey R. West E. Gale and J. Worley Esqrs Members of the Council.

Mr Cheif Justice Gale informing this Board that Severall Indictmts had layne before the Genl Court for a considerable time against the following persons Vizl Dom: Rex v. Burrington Idem v. Burrington Idem v. Burrington & Harnet Idem v. Lewis Junr Idem v. Oldner Idem v. Porter Idem v. Blount Idem v. Arkill a presentmt v Worleys Idem v Colding Orderd that the Attorney Genl enter a Noli prosequi against the Sayd prosecutions

Signd

And in obedience to the Sayd Order It is Considerd of by the Court here by and with the advice and Consent of the Attorney Genl & Orderd that the sayd George Burrington Cornelius Harnett William Lewis Junr Thomas Oldner Edmond Porter Thomas Blount William Arkill John & Joshua Worley & Michael Colding be dischargd from the Severall Indictmts found against them and also from the Sayd Presentments and may go thereof without day paying Costs.

The Bill of Indictmt found by the Grand Jury against Nathl Martin & Susannah his Wife was read in these Words Vizl


North Carolina—ss.

To the Honoble Chr: Gale Esqr Cheif Justice & the rest of the Justices of Genl Court at Octobr Genl Court One thousand Seven hundred and twenty eight.

The Jurors for Our Sovereign Lord the King on their Oath do present that Nathl Martin of the Sayd province Shoemaker & Susanna his Wife did Vizl in the sayd province on or about the Seventh day of September last feloniously take and carry away from William Fox Sundry goods Vizl Cotton & Woolen Yarne so much as would make twenty four Yards of Cloth or thereabouts a Cotton & linen Jackett a fine Garlix Shirt almost new a Course Ozenbriggs Shirt about half worne A payr of Course Tow & Wooll Breeches & a Lease of Land with his the Sayd William's Indenture all of the value of thirty Shillings Sterling which being done vi et armis & feloniously as aforesayd is agt the peace of Our Sovereign Lord the King that now is his Crown & dignity &c.

Signd
W. LITTLE Atto Gn.

Orderd that the sayd Nathl Martin be taken into the Custody of the Provost Marshall or his Deputy & So Secured that he be & appear before this Court to Morrow Morning to make answer to the aforesayd Bill of

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Indictmt And the sayd Nathl into Court came & acknowledgd himself indebted to Our Sovereign Lord the King his Heirs and Successors in the Sum of forty pounds & Thomas Swann Gent in the Sum of forty pounds to be levyed &c: With Condic̄on that the sayd Nathl & Susanna his Wife shall make their personall appearance at the next Court on the last Tuesday in March next on the third day of ye sayd Court then & there to make answer to the sayd Indictmt &c:

Also William Fox and William Watts acknowledgd themselves indebted to Our Sayd Lord the King Vizl William Fox in the Sum of twenty pounds and Wm Watts in the Sum of ten pounds to be levyed &c: With Condic̄on that they shall personally be & appear at the sayd next Genl Court then & there to give Evidence on behalf of Our sayd Lord the King agt the Sayd Nathl Martin & Susanna his Wife and shall not depart thence without Lycence.

John Parke Esqr the Provost Marshall was examind in Court at the instance of Sr Richd Everard about what reply Mr James Trotter made upon the Seving an order from the sayd Sr Richd on the said Trotter forbidding him to sell Liquor & Victualls And the said Marshall declared that the sayd Trotter told him he had obtained a Lycence from the Governr that Mr Ismay was his Security and if he had done any thing amiss in his House the Security was lyable And that he did not value what the Governor could do to him in that matter Also that he should Sell Liquor Still as long as he did not Act contrary to Law or Words to that purpose.

Sr Richd Everard came into Court and desired to be Sworne an Evidence for the King on a Bill of Indictmt to be preferrd to the Grand Jury agt John Lovick Esqr And the Court being informd that ye sayd John Lovick had been Com̄itted into Custody by a Mittimus issued by the Sayd Sr Richd in his own Case without legall Examinac̄ons as by a law of this province in that Case is directed & provided. Wherefore the Court are unanimously of opinion that there should be an Examinac̄on of Evidences before any Bill be preferrd agt him But the partys agreeing that the Evidences on both Sides should be sworn in Court & Sent to the Grand Jury It is Orderd that they be Sworne And Sr Richd Everard William Little & Robt Forster Esqrs Mr Thomas Betterley & Mr James Trotter were Sworne & Sent accordingly

A Bill of Indictmt against John Lovick Esqr for Striking the Honoble Sr Richd Everard Bart Govr &c: in these Words

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North Carolina—ss. Octor Court 1728

To the Honoble Christophr Gale Esqr Cheif Justice & the rest of the Justices of the Genl Court

The Jurors of our Sovereign Lord the King on their oath do present that John Lovick of Edenton Esqr Secretary did Vizl in Edenton aforesd on or about the Tenth day of September One thousand seven hundred & twenty eight assault & give ill language & blows to the Honoble Sr Richd Everard Bart Govr by force & armes which is against the peace of our Lord the King that now is his crown & dignity was underwritt John Solley foreman

Upon which the sayd Jurors being severall times askt by the Court what they intended by the Sayd Returne answered that they did not find the Bill but returnd it as a presentmt And being told they must returne it either Billa vera or Ignoramus they sayd they could find it no otherwise. Whereupon the Court took under Considerac̄on the sayd Bill & Returne and being unanimously of Opinion that the sd Returne is invalid & insufficient for the Court to proceed upon It is therefore Considerd by the Court that the sayd be quasht

A Bill of Indictment agt Thomas Bell for a Libell against John Worley and others was also underwritt John Solley Foreman which returne being fully considerd by the Court It is the opinion of the Court here that the Same is invalid & insufficient for the Court to proceed upon. Therefore It is Considerd by the Court here that the Same be quasht

The presentmt found by the Grand Jury against John Walker Overseer of the Roades upon the South Shore was read in these Words Vizl Novr 1: 1728 John Walker Overseer of the Roades leading from the South Shore of Chowan to Pamplico is presented for not keeping the Same in good & Sufficient repair Some of the Bridges being much broken & decayd and not any ways passable without danger of Man or Horse Information by Wm Harding Jones John Solley Foremn Which being read & heard It is Considerd of and by the Court here Orderd that it be returnd to the Justices of the prcinct Court of Chowan for their further Enquiry into the prmises and the Copy thereof together with this Order to be thither sent.

The presentmt found by the Grand Jury agt Henry Bradley Junr of Bertie prcinct was read in these Words Vizl The Jurors for our Sovereign Lord the King do present that Henry Bradley Junr of Bertie prcinct on or about the thirtieth day of June One thousand Seven hundred & twenty eight did unlawfully kill Cattle in ye woods & not bring in the Hyde with the Ears on contrary to Law in that Case made & provided

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John Solley foreman Informac̄on by James Bates Which being read & heard It is Considerd of And by the Court here Orderd that it be referrd to the Justices of the prcinct of Bertie at their next Court to be held for ye sd prcinct for their further Enquiry into the prmises And it is further Orderd that Copys of the sd presentmt and proceeding thereon be thither Sent.

And now here at this day (Vizl &c) the aforesd Thos 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 March next there having been no returne thereof as yet made.

And now here at this day (Vizl &c) came the aforesd George Allen And the Marshall was com̄anded to cause to come twelve &c: by whom &c: who made returne to the Court that it was impossible for him now to procure a Jury

Wherefore the Court are of opinion that there is a necessity for Continuing the Sayd Cause untill the next Court on the last Tuesday in March next and Therefore It is Considerd & Orderd that the Tryall thereof be referrd untill that time

And now here at this day (Vizl &c) the sayd Joseph Jenoure appeard and Informd the Court & gave them to understand that David Osheal who was admitted attorney for him & others is very sick and uncapable now to attend and therefore prays that the Sayd Suite may be continued untill the next Court on the last Tuesday in March next Which was granted And It is made a Rule that they appear & come to Tryall at the sayd next Court.

And then the Court adjournd

per Order
C. GALE C. J.