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Colonial and State Records of North Carolina
Commission to appoint Richard Sanderson et al. as Justices of the Peace in North Carolina
Eden, Charles, 1673-1722
October 22, 1716
Volume 02, Pages 264-265

North Carolina—ss

Charles Eden Esqr Governr Capt Genell & Admll of this Province

To Richard Sanderson, Jno Blount, Thos Miller Griffin Jones, Tho: Harvey, Jno Palin, Robt West Jno Worley, Benjm West, Jno Hardey Esqr Greeting

By vertue of a Commission and Instructions from his Excelly the Palatine and the rest of the Rt Honble & Honble Lds Proprs of Carolina to me directed thereby appointing me Governr Captn Genll & Admll of this Province of North Carolina with full power and authority to comissionate and appoint all officers within the same as well civil as military.

I therefore being well assured of your Prudence Loyalty and Integrity doe hereby comissionate and appoint you joyntly and severally (during my pleasure) Justices of the Peace of this Government to keep or cause to be kept his Majts Peace as also all laws and Ordinances made for the well Governmte of the same.

And forasmuch as the Lds Propr have by their Com̄ission under their hands and Great Seal to Christopher Gale Esqr their Chief Justice required me and their Ldsps Deptys here to Com̄issionate and appoint certain Persons of known skill and ability to be assistants to him the sd Chief Justice in holding of Courts and hearing and determining of all Pleas yt may be brought before him. Therefore I do by and with the advice & Consent of the Council afsd hereby authorize and Impower you and any or every two of you being present to be associates or assistants to the sd Chief Justice in holding a Generall Court for ye Province at the times hereafter Expres'd (That is to say) on the last Tuesday in the Months of March July and October yearly and in ye holding of all

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pleas, hearing and determining of all actions suits and causes whatsoever as well civil as criminall Real Mixt Personall or any other kind or nature whatsoever to proceed thereon and award Judgements with as full power and authority as any Justices of the Generall Court heretofore might, could or ought to have done in all things proceeding according to the Laws and customs and Usages of this Government, and as neer as may be according to the Laws and Customs of Great Brittain Given under my hand and seal of the Colony this 22d day of October in the third year of the Reigne of our Sovereign Lord King George Annoque Dom. 1716

Recorded this
1st Novr 1716
R. Hicks Cl'k Court.

At a General Court of Oyer & Terminer & General Gaol Delivery held at the House of Wm Branch ye in Chowan Precinct the 1st Novr 1716

Presnt Christopher Gale esqr Chief Justice
Tho: Harvey Esqr Assistant
Jno Hardey Esqr Assistant

The Grand Jury are Impanelled and sworn

Joseph Sanderson fforeman
Rd Stamps
Rt Keele
Edw. Howcott
Na. Averitt
Josa Porter
Henr Bonner
Tho: Luten Junr
Jno Marks
Wm Eggerton
Wm Bonner
Wm Russell
Lemll Taylor
Jno Jones
Tho. Rogers
Jacb Blount

Upon the Petic̄on of Thos Lee praying yt the main Road from the S. W. side of Middle neck Bridge to the S. W. side of ffrylys bridge may be his established Bounds to Maintain and keep as a publick road at his own Costs and yt he be Excus'd from any further duty on the Roads.

Ordd yt it be Granted.

Upon the petic̄on of the Inhabitants on the South Shore praying yt the Inhabitants from ffryly's Bridge to the flatt Swamp may have yt part of the road assigned them & yt the Inhabitants from the S. W. side of Middle Neck Bridge to Mr Longs may keep yt part of the Road in Repair and yt Captn Jno Worley be continued overseer of the lower District & Mr Thos Lee be Overseer of the upper district. Ordd that it be granted.

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Upon the Petic̄on of John Swain praying that Elizabeth Swain his Sister an Orphane Girle bound by the Precinct Court of Chowan to John Worley Esqr May in the time of her service be taught to read by her said Master

Orderd, that she be taught to read

Orderd, yt a capias go out against Jno Molton Senr for contempt in not appearing as an evidence in the Case between our Sovereign Lord the King & Bartho. Barrett being twice sumoned

Att this Court personally before the Justices afsd appeared Thos Lee who to the Presentment Ehibited against him at the Instance of John Worley Esqr at the Court held the 2d day of Augst last Pleaded not Guilty therefore Immediately came a Jury thereof and the Jurors of that Jury by the Marshall Impanneled being Calld, (That is to say) Jams Williamson Jno Watkins, Thos Kirke, Chas Wilkins, Jacb Lewis Wm ffallow, Jams Ward Xphr Dudley, Jno Ward, Obed Rich. Thos Blount, Thos Bettorly appeared who to speak the truth of and upon the premises being chosen tryed and sworn And the Letter in the sd Presentmt mentioned being produced and proved in hac verba

July 10th 1716

May it please your Honrs

I did not believe I should have reason so suddainely to complain to your Honr yt I now find your words true when you told me at your house when I refused to act as a Justice of Peace yt I might lett it alone and be piss'd upon and be D—n'd for you would then make Worley a Justice &c

If I am not piss'd upon by him I think I am as badly used what thro his Ignorance and Spight to me I am like to be a great sufferer in many particulars for he takes opportunity of giving ill advice to my Servants which I can prove if there be occasion. I did believe yt Justices were sworn not to give advice and to give it to the Prejudice of their Master where no maner of ill usage has been offer'd to them makes the case the more bad.

Upon complaint made to him for debts above the value of twenty shillings he does not stick to Intermeddle without Law on his side but grants orders for the same & severely repremands the Constable and com̄ands him not to give coppys of ye Warr & Orders he executes, he exacts more ffees than the Law allows which is contrary to the oath and when goods are taken in Execution and the money tendered he orders ye Officer not to deliver them but orders them to be appraised the same day that they

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are taken Contrary to the Laws & makes ye Complainer take paper money when the Law saies ye property of the Goods taken in execution is vested in the Officer for the use of the complainer

The matters are not my own Cases, but generally ye same has been dealt to other of the Neighbours which are ready to be proved when Occasion shall require.

I very lately went myself to him and civilly required a Copy of Orders against me particularly an Accot yt ffryly had sworn against me which money has been received by the Justices Orders & which of right belonged to me when satisfyd, but instead of his doing his duty he broke ye Peace by kicking me as I went out of his house.

I know yt the Law gives me a remedy agst Justices & officers yt Exceed their Authority, but being willing to live peaceably without contention I make ye matter known to your Honrs who has the powers of making these Ignorant and Illnatured Officers, hoping you will remove such from their stations, rather than I should be forced to make a publick Demand of Justice for satisfaction of so many wrongs received which I am very unwilling should be made Publick believing ys method to be more Charitable

If your Honr has the least Doubt of the truth of these matters laid against the Justice I shall at any time lay before you sufficient proofs to convince your Honr and all mankind of the truth of them.

I now give your Honr another convincing proof of my desires to live peacably for altho I might Justly expect to be kept free from any trouble of procuring my money concerning the Horse since your Honr took the Horse to yourself & paid me yet I return your money rather than contend against you & to receive further marks of your displeasure. I am

Your Honrs most humble Servt

The Jury aforesaid upon their Oaths say Wee of the Jury find the Defendt not Guilty

Ordered that the said Thomas Lee be Dismist without day.

And now here at this day came the afsd Charity Brown and pd the fine of ffive pounds in Court together with all fees accruing Wherefore the said Charity Brown is Dismist without Day

And now here at ys day came afsd Worley and acknowledges that he keeps the said Mary Hawkins as a hierling and no otherwise. The said Worley is Dismist without day

John Norton bound to appear at ye Court made his appearance, upon which Mr Attorney Genll Exhibited the following Indictmt to the Grand Jury

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To the Honble Christopher Gale esqr Chief Justice Justice of North Carolina and to his associates &c

The Jurors for our Sovereign Lord the King that now is Presents Capn Jno Norton for that whereas the sd Capn Jno Norton on the 29th day of Septr 1716, and in the third year of the reign of our Sovereign Lord George by the Grace of God King of Great Britain ffrance & Ireland &c at Pasquotank in the County of Albemarle in the Province afsd did by the shooting off of a gun value ten shillings mortally wound Thos Johnson one of his Majts Liege subjects of the Province afsd whereof he died the sd day and year afsd which is contrary to the Peace of his sd Majts Realm & Contrary to the Dignity of his crown &c


which Bill being returned by the Grand Jury Billa Vera p Infortunum. Uppon this at the self same Court before the afsd Justices the afsd John Norton in Custody of the Marshall to the bar there brought in his proper person came and being asked whether of the crime afsd he was guilty or not Pleaded Guilty. Whereupon Thos Boyd and Thos Swanlin in behalf of the sd John Norton acknowledged themselves indebted to our Sovereign Lord the King yt now is his heirs and successors in the sum of twenty five pounds each to be levy'd upon their severall goods and chattells Lands & Tenemts with condition. That if the sd John Norton doe well behave himself towards his Majty and all his lege People for twelve months and a day next coming then the before recognizance to be void otherwise to remain in full force and vertue.

Bartholomew Barrett Bound to appear at ys Court made his appearance, upon which Mr Attorney Genll Exhibited the following Indictmt to the Grand Jury.

The Jurors for our Sovereign Lord the King upon their oaths do present Bartholomew Barrett of New England Marr on the sixth day of October in the third year of the Reign of our Sovereign Lord George by the Grace of God of Great Brittain, ffrance and Ireland King defender of ye ffaith &c not having the fear of God before his eyes but being instigated by the Devil with force and arms of his malice forethought upon William Whitehouse late of the same place & servt to the sd Barrett at Chowan Precinct in the County of Albemarle & Province afsd being then and there in the Peace of God & of our Sovereign Lord the King did make an assault and Divers blows kicks and bruises with his hands, feet and other weapons, did then and there voluntarily & feloniously murder and kill the said William Whitehouse and then and there mortally, beat bruise and wound the back and side of the sd William Whitehouse of

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which wounds and mortall bruises the afsd William Whitehouse did languish untill the evening of the afsd Sixth day at which time he Dyed and so the Jurors afsd say that the said Bartholomew Barrett on the sd sixth day of October in the year abovesaid at Chowan afsd in maner & form afsd of his malice forethought, voluntarily and feloniously did mortally beat bruise and wound the afsd William Whitehouse, so that of the same beating, bruising and wounding on the Evening of the afsd Sixth day of October he dyed agst the Peace of our Sovereign Lord the King his crown and dignity &c


which bill of indictmt being Returnd by the Grand Jury Ignoramus. And the attorney being present here in Court and having nothing further wherewith to charge the sd Bartholomew Barrett. The sd Bartholomew Barrett was Dischargd' by Proclamation according to Law

Adjourned to ye Court in Course