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North Carolina Higher Court Minutes
Source: The Colonial Records - Higher Court Records (1670-1696)
Editor: Mattie Erma Edwards Parker

1682

We doe as members of the Grand jury of Inquest of the body of this County promis to inquire into and true presentment make of all such matters as shall be given us in Charge their majesties Counsell Thes our owne and our fellows we will faithfully keep We Will present none for malice hatred or revenge we will leave none unpresented for pitty fear love favour or affections we will not take or be in expectation of receiving any gift bribe or reward but we will in althings present the truth and Whole truth and nothing but the truth according to our knowledges.

<1> Richard FOSTER Esqr. Aged Sixty Yeares and upwards upon Oath deposeth that Major HOLDEN being at my house with Mr. FEASEY there hapned words about Tobacco Mr. FEASEY saying that the tobacco was rotten and he would not take it on board and Major HOLDEN said that he the said FEASEY should take it on board and to the best of my knowledge the said Tobacco was carried on Board.  /s/ Richard FOSTER

<2> The Deposition of John WILLOUGHBY Esqr. Aged Sixty Yeares or upwards and William CRAFORD Esqr. Aged Forty and Foure Yeares or thereabouts being both deputys doe upon Oath depose that Mr. HOLDEN did in open Court say that there was neither Governor nor Government in the Countrey.  /s/ John WILLOUGHBY; William CRAFORD

These abovesaid words were exprest and spoaken in the Moneth of January 1680/1 before the Imprisonment of Mr. HOLDEN.  /s/ John WILLOUGHBY; William CRAFORD

<3> George DURANT aged 49 yeares or thereabouts maketh Oath that in the yeare 1679 the deponent being then Speaker of an Assembly John HARVEY Esqr. Then Governor and being verry Late in the night before the whole body of the acts could be perfected to be signed by the Governor and Speaker the Governor did depart home the Burgesses did deliver the Acts into my Custody for the Governor to signe to them the rest of the Lords Deputies and my selfe signed the said Acts in the Parliament before their departure and I kept the said Acts in my Custody until the Governor had signed them and then delivered the said acts into the secretary’s office and further the Deponent testifyeth that these words in the 58 act to say Votes in elections or any were not Interlyned whilest the said Act were in my Custody or before the Governor had signed them which was to the best of the deponents knowledge at his owne house.  /s/ George DURANT

<4> The Deposition of George DURANT aged 50 yeares or thereabouts saith that sometime in the Spring next after Mr. Robert HOLDENs arrival into these parts Mr. WILKINS Master of a Vessell who had traded into this Countrey was clearing his Vessell with the said HOLDEN his Majesties Collector the said HOLDEN did cause the said WILKINS to draw Bills of Exchange for moneys to be paid in Boston for the penny per pound to be paid to him the said HOLDEN not expressing at all for his Majestie and sometime afterward in the same spring the said WILKINS arrived here in another Vessell came to Mr. HOLDEN the Deponent being then present heard Mr. WILKINS tell Mr. HOLDEN that he the said WILKINS was undon for that he the said HOLDEN had caused him to pay him the customs of his Ladying in Boston in moneys when his employers had ordered him to pay it here in tobaccos and Mr. HOLDEN had refused to take it and he the said WILKINS not following his Orders was turned out of his employ and they denyed to pay the Moneys, WILKIINS was like to pay it himself Mr. HOLDEN did then give the said WILKINS an Instruement of writeing which did declare that the moneys was his Majesties the Deponent then told Mr. HOLDEN that he had a great priviledge in being his Majesties Colletor for if this money had beene paid it had beene his to say HOLDENS butt being not paid it is his Majesties and further saith not.  /s/ Geo. DURANT

<5>  The Deposition of Alexander LILLINGTON aged thirty Seaven or thereabouts being deposed saith that there were severall bills putt into the hands of your deponent to receive in Pork for Mr. HOLDEN with Order to salt and pack the same in barrels for him the said HOLDEN which your deponent did to the Quantity of six barrels with Order from the said HOLDEN to mark the barrels of porke by me received with the Letters Ritt butt when the said Mr. HOLDEN was seized and a prisoner in the Custody of the Grand Marshall on board of Mr. Joshua LAMBs Vessell he the said Mr. HOLDEN did give me your deponent order to mark the aforesaid pork with the broad Arrow forthwith which your Deponent did and further saith not.  /s/ Alexander LILLINGTON

<6>  Albemarle - William WILKISON aged thirty six yeares or thereabouts being deposed saith that sometime in February 1680/1 being at the house of Mrs. Alice VARNHAM I heard Mr. Eleazer CLARK say that Mr. Robert HOLDEN had sent him for to alter the mark of the porke which did belong to him the said HOLDEN and to marke it with the broad Arrow the marke on the barrrells was Ritt to the best of my remembrance being neere thirty barrels in Number the Porke that was in them was about seaven thousand as by Mr. John VARNHAMs account did appeare and your Deponent received a Note that the said CLARK had brought from the said HOLDEN at the time to that purport and for the delivery of the same Port Butt Mrs. VARNHAM refused without a receipt from under the said HOLDENs hand and further saith not.  /s/ William WILKISON

<7>  The Deposition of Anthony SLOSUMB Esqr. One of the Lords Proprietors Deputies aged Ninety yeares or thereabouts saith that your deponent administred an Oath to Capt. HARONs Mate and two of his seamens about his sacred his Majesties Concernes the words of the three Mens depositons are as followeth that their Capt. Had putt severall hogsheads of Rotten tobacco on shore which Mr. HOLDEN had marked with the broad Arrow to pay the King and that they had made their Information Least they should loose their wages there might be some more words which I doe not well Remember and your Deponent saith that the abovesaid Mens depositions was taken in January 1680 before the said HOLDENs face and further your deponent saith not.  Anthony SLOCUMB   his marke

<8>  The Deposition of Thomas HARRISON aged 34 years or thereabouts saith That Capt. HARON sent for him to Repack some Tobacco and when your deponent had repact about three or Foure Hogsheads he found it soe Rotten and bad that he told him he thought it would not be worth his time to Repack it the said Capt. HARON said he did not knowe what to doe with it he thought it would not be worth his Carrying home then the said Capt. HARON asked your Deponent if he might putt six or seaven Hogsheads in his Tobacco house to which your Deponent consented then the said Capt. HARON sent ashore the said Tobacco being about six or seaven Hogsheads and the said Capt. HARON told your Deponent perhaps he might get somewhat for it when the New England Men came in And after the tobacco had beene there some Considerable time Mr. HOLDEN came with Capt. HARON and received and marked the said Rotten Tobacco and by his the said Mr. HOLDENS Order was shipped on board the said Capt. HARONS Vessell againe and further your deponent saith not.  /s/ Thomas HARRISON his marke

<9>  George DURANT aged 50 yeares or thereabouts maketh Oath that sometime in the yeare 1681 the Deponent being in London when Capt. HARON arrived from Carolina in the ship Carolina the said Capt. HARON did relate to the Deponent that Mr. Robert HOLDEN did sent some tobaccos on board his ship which the said HARON would not receive it was soe much damnifyed and rotten butt Landed it againe after which the said HOLDEN shipt it againe on his  Majesties account the seamen murmuring fearing when they arrived in London the tobaccos should be surveyed and the damage abaited from their wages did make affidavits of the Condition of the said tobaccos when shipped. Before the Authority in Carolina which affidavits he carried to London For all which the tobaccos was surveyed and above twenty Pounds damage found on the said tobaccos was charged on the ship and abaited from their wages and further saith.  /s/ Geo. DURANT

<10>   The Deposition of Peter MAYFEILD aged Twenty Eight yeares or thereabouts Saith that he asked Thomas HARRISON what tobacco that was he had ashore in his house and he told your Deponent it was Capt. HARONs tobacco and he doubted he had donne himself a great deale of Injury in Lending his tobacco house For he did not know how long it might be before Capt. HARON would take it away and Thomas HARRISON desired your deponent to Ask Capt. HARON if he would remove it before new tobacco came the said Capt. HARON told your Deponent he would Leave Paul LATHUM his Attorney to see if he could get anything for it of the New England men for it is soe rotten it is not worth two shillings a hogshead Afterwards Mr. HOLDEN came with Capt. HARON and received the aforesaid tobacco which was shipt on board the said HARON afterwards your Deponent met with Capt. HARON and he desired your Deponent to goe aboard with him and Comeing ashoare to Capt. CRAFORDSs Capt. HARON told your Deponent he wondred what a Devill made Mr. HOLDEN send this rotten tobacco for England for the King which he had turned on shoare then he desired his Men to goe ashore to Complaine to Capt. CRAFORD that he might be secured of his freight for it was soe rotten he doubted they would not receive it in England For he did not Care to be seene in it for feare of gaineing Mr. HOLDENs Displeasure and he said Capt. CRAFORD would not take any notice of them and further your Deponent saith not.  /s/ Peter MAYFEILD  his marke

<11>  The Deposition of Paul LATHUM aged 36 yeares or thereabouts saith That Capt. Tho. HARON being to pay Mr. Robert HOLDEN a Considerable Quantitiy of tobacco for his Majesties use recovered by Order of Court in Order thereunto the said Capt. HARON delivered unto the said Mr. Robt. HOLDEN sundry bills and accounts of tobacco received and the said Capt. HARON told your Deponent he had severall Hogsheads of tobacco aboard that were soe bad if he should carry them home they would bring his Owners in debt and he would putt what bad tobacco he had ashore at Thos. HARRISONs and leave your deponent his Attorney to see if he could get anything for it of the New England men and the next time your deponent saw the said Capt. HARON he told your Deponent that since the newes of Mr. CULPEPERs arrival he perceived Mr. HOLDEN was willing to get what he could out of the County for he would not stay to receive new tobacco butt had received most part of his Old tobacco and shipped it aboard the Carolina for the Commissioners of his Majesties Customs and fathermore the said Capt. HARON told your Deponent the said tobacco was soe bad he doubted the Comissioners would not pay him his Freight for the same and they were great men to contest with.  /s/ Paul LATHUM

<12>  Albemarle - Alexander LILLINGTON aged Thirty Seaven Yeares or thereabouts being deposed saith that sometime in the Year 1679 in the Month of November being one of the Members of Parliament and alsoe one of the Comitty we did Order Mr. Robert HOLDEN being alsoe Member of then Comitte and Collector for the County to pay Mr. John WILSON out of the collections for a certaine Quantitiy of Powder and shott which the Countrey had pressed for the use of the County And further your Deponent did heare Mr. Robert HOLDEN say that he could not receive tobacco enough of the Countreys to pay the said WILSON for the powder and shott wherefore he would take the powder and shott upon his account and pay WILSON for the same And further your Deponent saith not.  /s/ Alex. LILLINGTON

<13>  Albemarle - William WILKISON aged thirty Six Yeares or thereabouts being deposed saith that sometime in the yeare 1679 in the Month of November being one of the Members of Parliament and one of the Committee wee did Order Maj. HOLDEN being one of the Committee and being the Collector for the Cuntrey he was Ordred to pay Mr. John WILSON for a Quantity of Powder and shott which the Cuntrey had prest some time before the said HOLDENs arrival into this Cuntrey neere two yeares the pay to be out of the publique the which powder and shott he the said HOLDEN did convert to his owne use selling upward of Thirty Pound of powder and neere a Hundred pound of shott which he sold to the Varnham for hydes and 49 pounds of shott to my owne use soe that when the Cuntrey was in feare of war with the Indians there was noe ammunition in the three upper precints to be gott out of the Magazene and Robt. WINDLEY comeing to him to get a pound of powder he said if he would give him Forty shillings for a pound he had none and further saith not.  /s/ Wm. WILKISON

<14>   William PYLE aged twenty three yeares and upwards being deposed saith that your deponent in or about the Month of June 1680 your Deponent with one Capt. Edwd. DUSSELL Master of a Bark belonging to the Island of Barbadoes and Consigned to Mr. John CULPEPER and your Deponent at which time as aforesaid your Deponent with the said DUSSELL came to Mr. HOLDEN to Enter several Hogsheads of tobacco to send oute in the said Barque and the said HOLDEN told your Deponent and the said DUSSELL that noe tobacco should be transported hence to the American ports without paying two pounds of tobacco for every pound soe shipt or One penny sterling money of Old England and further your Deponent saith that the said DUSSELL and your deponent would a shipt at least Twelve Hogsheads of tobacco If not prevented by the said HOLDEN through his unjust demands and further saith not.  /s/ Wm. PILE

<15>  John HUNT aged Thirty Eight Yeares or thereabouts declareth and saith that being part Owner of the sloope Hope who went Loaden from this upper part of the county with tobacco to New England by Order of Robt. HOLDEN on his Majesties account from whence she Returned to Curratuck where she took in another Load on the same account at which time being in or about September 1680 I went myself and comeing to New England to deliver the tobacco and Informing the Governor there our businesee as that we were Loaded with Kings tobacco he Replyed he admired what the Kings tobacco does there and feard it might draw their Countrey into some trouble butt upon delivering the tobaccoe to Benj. DAVIS. And Joshua LAMB. To whome it was Consigned it proved soe bad that Benj. DAVIS told Joshua LAMB he would have noething to doe with it butt searching further it appeared the faulth was not in the Vessell butt in the tobacco much bryers grasse and weeds being found therein which had growne therein the Cask and much Rottennesse was found in Nine or tenn Hogsheads or more to the great admiration and Clamour of the by standers butt especially of Benj. DAVIS who thereupon said he would have noe further to doe with Robt. HOLDEN and further saith not.  /s/ John HUNT.

I doe further declare that desireing to ship foure or five hogsheads of tobacco to Barbados was denyed soe to doe by Robert HOLDEN the Kings Collector Except I would pay two Hogsheads custome for one to be shipt which I thinking Unreasonable refused the same since which the said tobacco Rotted and is Come to Noething this refusal was made me by Robert HOLDEN about the Month of May 1680.  /s/ John HUNT

<16>   The Deposition of Samll. PRICKLOVE Deputy comptroller and surveyor of his Majesties Customes in the County of Albemarle in the Province of Carolina under Mr. Timothy BIGGS Comptroller and surveyor generall of the Customes in the place abovesaid aged Forty Nine Yeares or thereabouts being sworne and examined saith that Mr. Robert HOLDEN on the 29th of September 1679 released to Joseph CHASE three bags of Ginger seized by me for his Majestie as Imported contrary to Law and that hee the said MR. Robert HOLDEN on the 9th of October 1679 did cleare Capt. Walter PEACE Comander of the Ketch Speedwell being Laden with 22 hogsheads of the said HOLDENs owne Tobacco for New England being in Cask and bulk amounting to 8230 pounds of Neat tobacco besides 3 hogsheads more belonging to the Seamen And when I demanded how the Kings customs were to be discharged hee called me Foole and Loggerhead saying I had noething to doe with his Concernes he knew how to pay the King easy enough And the said HOLDEN Likewise warned the Masters of Vessells not to owne me as an officer telling them they need not shew their entrey not clearing to me nor lett me suirvey their Vessells And on the 4th day of February 1679/80 the said HOLDEN by a writt under his owne hand in his owne action caused the Marshall to arreste me on board Mr. John JENKINS his Bark without Bayle or Maineprize when I was in execution of my office in his Majesties affaires and denyed to confer with me the day before in matters concerning his Majesties affaires being sent on purpose by the Comptroller and surveyor Generall and on the 17th of March 1679/80 the said Mr. HOLDEN did deny to confer with or give any account to me of his actings in his Majesties affaires as was enjoyned him by the Comissioners especiall Letter then newly come to hand in relation to severall persons that had acted contrary to Law Likewise forbid me to survey Esward ASHLEY or to goe aboard of him or any other Vessell on that account if I durst threatening me on my perrill not to officiate in his Majesties affaires and said he did not Look on me as any of his Majesties officers And further your Deponent saith not.  /s/ Samuell PRICKLOVE

<17>  The Deposition of Esward WAAD aged 38 yeares or thereabouts saith your deponent was goeing to Coroatuck about some concernes I had there Mr. BIGGS desired me to give his Deputy Mr. Robert SCOTT A passadge with me to depute Mr. Thomas BAYLEY as his deputy because of Mr. Samuell PRICKLOVEs Comeing up from thence he should have noe deputy there as soone as we came to Corrotuck we made all the hast we could to Mr. BALEYs house where the said Mr. SCOTT delivered Mr. BAYLEY a deputation from Mr. BIGGS to be Comptroller and Surveyor of Corratock from thence Mr. SCOTT and my self went to Mr. Thos. TULL where we staid two or three daies and then Returning back againe to Mr. BAYLEYs house it was nere dark before we came there thinking the next day to come for Little River butt about 8 or 9 a Clock in the night came in the Cunstable one John SAUNDERS with Men in Armes and seized us and searched our pockets for writeings according to Mr. HOLDENs warrant for he had noe lesse then three warrants out against us to be brought before him to answer what should be Alleidged against us in obedience to his warrant we came to him though at Midnight throu Mud and bryers when we came to Maj. FOSTERs they were abed. In the Morneing when Mr. HOLDEN was up I asked Mr. HOLDEN What reason he had to send a warrant for us he told me I should know when he came to Capt. WILLOUGHBYs when we came to Capt. WILLOUGHBYs I asked Mr. HOLDEN who was my accusers and what was Alleidged against us with that Mr. HOLDEN and Capt. WILLOUGHBY went out into the Orchard for sometime and perused our paper and when they came into the house we Came in againe I asked Mr. HOLDEN againe what he had to Charge us with With that Capt. WILLOUGHBY spoak to me and told me that Mr. HOLDEN had made his Complaint against mee with that Mr. HOLDEN spoak that he was Informed by Thomas LEPERS that I and 7 or 8 more should be at the said LEPERS house a day or two before Mr. MILLER made his Escape and would not suffer the Marshall to come neere Mr. MILLER whilest he was writeing day and night upon this Information Capt. WILLOUGHBY writt our Mittimus and goeing to prison with Mr. HOLDEN in our rode we come to Mr. BAYLEYs house where he Charged Mr. BAYLEY not to Act under Mr. BIGGS not make noe seizers if hee did he would Clap him up and further saith not.  /s/ Esward WAAD

<18>  Albemarle - Esward SMITHWICK Aged Thirty three yeares or thereabouts Deposeth saith That on the 30th day of June 1680 Mr. Robert HOLDEN Caused the Deponent to be brought before him the said HOLDEN with a warrant under his owne hand in his owne name to the house of Anthony SLOCUMB Esqr. Where your deponent was much abused by the said HOLDEN Calling your Deponent Rascall and Incorrigible Rogue and severall other such like words On the 1st of July 1680 Your Deponent was committed A Prisoner without bayle or Mineprize In the Face of Chowan precinct Court by the said HOLDEN to the Custody of Capt. WOOLLARD on the Second of July the year 1680 your Deponent was arrested in prison in an action of Ditteny by the said HOLDEN and at the suite of the said HOLDEN On the sixth of July Your Deponent had bayle afforded him Your Deponent putting in bond to Answer to what the said HOLDEN had to Alleidge against your Deponent as his Prisoner he not showing your Deponent any warrant or Mittemus For the same Your Deponent being kept under the said WOOLLARDs Custody till October the 20th or thereabouts from thence the Deponent was Fetcht away by Mr. HOLDENs Order by two Men in Armes on board of a boat where the said HOLDEN was and carried to the house of Anthony SLOCUMB Esqr. Where he the said HOLDEN caused your Deponent to be pinioned with a lyne and soe Carryed your Deponent to Colonel JENKINS then Governor where the Deponent was putt into the Custody of Charles JONES then Deputy Marshall to be conveyed to the Logg house in Piquemons precinct where your Deponent was kept three weeks or thereabouts not having the Liberty to walk without the prison dore with the keeper to Refresh himself butt was forced to Eat drink lye and ease Nature under one Roofe till your Deponent with severall others Mr. Wilkeson John KINSEY and the woeman accused for witchcraft were almost poisoned with the Noysom sent of our owne Excrements from thence your Deponent was brought to the house of Mr. George DURANT and there kept in a Close Roome under a guard Not having the Liberty of any friend to discourse with your Deponent excepting your Deponents Wife Nor have the Liberty to goe out upon any occasion without a Man or two in Armes to guard your Deponent Nothwithstanding your Deponent was Indicted butt by whome your Deponent knows not butt Inquirey was made by the Grand Jury which Jury brought their Virdicte In Ignoramus And further your Deponent saith not.  /s/ Edward SMITHWICK

<20>  Albemarle - The Deposition of William WILKESON Aged thirty Six yeares or thereabouts being deposed saith That sometime about the 11th of October 1680 your Deponent was arrested by Capt. William WOOLWARD by a writt from under the hand of Robert HOLDEN and carried to the house of Esqr. SLOCUMB to Answer the complaint of Mr. Joseph CHEW but when your Deponent came to said Esqr. SLOCUMBs house he found not the Complainant there butt about some three or foure hours after my comeing there the said CHEW came whereupon your Deponent told the said CHEW he was come to answer his Complaint The said CHEW replyed and protested in the presence of Mr. BONNER that he had not made any complaint against your Deponent butt Mr. HOLDEN and the said CHEW goeing forth into the yard of Mr. SLOCUMB after some discourse the said HOLDEN and CHEW had together they came into the house againe and the said HOLDEN told the said CHEW That sometime in March last he had made complaint of some abusive words he the said CHEW had received from your Deponent and calling your Deponent before him making the said CHEW sett at the table and then related the words the said HOLDEN asking your Deponent what he had to say in Defence of himself Your Deponent desired that the Charge might be proved whereupon the said HOLDEN broak out full of passion and said that the said CHEWs words were sufficient proof your Deponent then told the said HOLDEN that it was not Law the said HOLDEN Replyed it was Law and he would make it Law and he said he would be my Judge whereupon I appealed for a hearing before the Grand Councell proffering to give bond to Answer the Complaint before the grand Councell butt he told your Deponent that he should have noe bayle butt should goe to the Logghouse without bayle or Maineprize and thereupon drew your Deponents Mittimus and gave it to Capt. WOOLWARD and to take your Deponent into Custody to Carry your Deponent into Piquemaons goal though many Intreaty’s were used to the contrary for your Deponents stay within the precincte wherein your Deponent lived butt the said HOLDEN refuseing the Intreaty’s of severall Responsible persons to that effect threatening that he would have your Deponent in the Logghouse Or he would sink the precinct with many more threatening words whereupon your Deponent comeing to the house of Colonell John JENKINS then Governor the said Governor hearing of what was donne to your Deponent did Order that your Deponent should keepe himself a prisoner in Chowan precinct and the said Governor became bound body for body for your Deponents appearance at the next generall Court but the next day Mr. HOLDEN hearing what the Governor had donne abused the said Governor and Esqr. SLOCOMB with scurrilous and unbecomeing speeches calling them Old Fooles And the said HOLDEN sayd he made JENKINS Governor and that the Governor should answer for what he had donne and Telling your Deponent further that he was above the Governor and had greater power Likewise the said HOLDEN comeing to your Deponents house with Five or Six Men in Armes in the dead time of the night some three or Foure hours before day comeing into the house your Deponents Wife hearing a Noyse in the house and Man calling your Deponent by his name your Deponents wife asked who was there the man answered Edwd. WILSON whereupon your Deponents wife awaked your Deponent and told him what she had heard your Deponent getting up in his Shirt came to the Dore and after some Consideration with himself asked who was there with that Mr. HOLDEN cryed out seize him seize him your Deponent asked for what the said HOLDEN sayd your Deponent was his Prisoner your Deponent answered againe he had donne noething butt what he had the Governors permission for Whereupon he told your Deponent the abovesaid Relation in saying he was above the Governor and then halled me out into the yard without any Clothes saveing my shirt and shoes in a verry cold frosty night whereupon some of his guard asked the said HOLDEN what he was afraid of And sayd cannot you Lett the Man goe into the house to putt on his Clothes whereupon your Deponent was carried into the house againe The said HOLDEN holding a Naked swoard and a Cocked Pistoll at your Deponents breast And after that your Deponent had putt on his Clothes the said Mr. HOLDEN caused your Deponent to be carried downe to the boat And there pulling a Lyne out of the knees of his breeches caused your Deponent to be pinioned with it and soe continued all the day following except the time what we were eating our breakfast Then by another Mittimus caused your Deponent to be sent to Goale with privat Instructions to the Marshall to putt your Deponent in Irons as hath already appeared to your Honors from under the said HOLDENs owne hand writeing Soe that for almost three weeks your Deponent was forced to eat Lye and voyd his Excrements with three more at the same time in prison with him Not suffering the fore to be opened to give in aire Soe that we were almost poysened with the stink thereof And when your Deponent came to the Court he the said HOLDEN caused a guard of Six Men to watch over us Not suffering any person to come neare us except our wives And further to show his Malice your Deponent goeing forth did Cock his Hatt as he the said HOLDEN called it not seeing the said HOLDEN Whereupon the said HOLDEN seeing your Deponent doe soe Calling to Mr. DAVIS the Grand Marshall Asked him why he did not putt your Deponent in Irons (only for that verry action of Cocking his hatt) as the said DAVIS told you Deponent he comeing downe Imediately from him the said HOLDEN And further would not suffer the Dore nor windowes to be Left open thereby to hinder us both from the sight and Company of our friends till Order was given to the contrary from the Court The said guard aforesaid being Raysed without the knowledge of the Governor or Grand Councell as they then did declare. But when your Deponent came to the hearing of the Crimes alleadged against your Deponent and Inquires was made by the Grand Inquest thereof All that he alleadged was found to be false excepting some words that passed betweene the said HOLDEN and your Deponent as he said Which he had noe other Evidence to prove butt upon his honor affirming to the Jury That they were to Looke upon what Evidence he gave upon his Honor to be as Authentick in Law as the Oaths of twenty other Men as from under his hand dothe appeare Threatning the Jury If they should deny or refuse to accept of the (torn) as great part of the Jury hath already declared to your Honors And further saith not.  /s/ William WILKISON

Sworne in Court October the 10 1682

The severall Depositions being in Number Twenty were severally examined by and are true Coppy’s of the Orrignal taken by me.  /s/ Henderson WALKER

Permission kindly given by Donna E. Kelly, Administrator Historical Publications Section N.C. Office of Archives and History Department of Cultural Resources, Raleigh, NC.  Be sure to visit their publications site at: www.ncpublications.com.  These records were submitted by Judy BrickhouseNo part of these records may be used for any commercial purposes. However, please feel free to copy any of this material for your own personal use and family research.

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