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


1693.  A Petishon of Mathias TOWLER Sheweth that having obtained an order from this Cort that that person that has a Lycence should have that Whale then Petishond about and on Timothy PEAD and Charles TOMAS in Contempt of the said order hath taken away a whale from the said TOWLER orderd theirfore that the (illegible) Marshall or his deputy Doe take them the said Timothy PEAD and Charles TOMAS in to his Custody untell they have given bond with Good Securety for their appearance at the next Genirall Corte their to Answer to their Said Contempt and give bond for their god abearing the meantime and that the Said TOWLER tak in to his Pesetion the Said Whall either tried or untried.

Willm. STUARD Proved ten Rights by his oath in open Corte the names Jno. WILLIAMS, Mary his Wife, Wm. WILLIAMS, Jno. WILLIAMS, Wm. STEWARD, Eliz. STEWARD (illegible).

March 12, 1693/4.  (torn) Deposeth that (torn) Middle of July Last past did Utter (torn) good helth to the Reale King (illegible) of England Scotland France and Ireland Defender of the faith god blesse King James I hope to see him com to his Crown againe if he did he would Pull (torn) of your hearts bloods oute, for the sam time sayd (torn) mas while I will Chaw thy hears blood and farther sayeth Nott. [Signed:] Mathias TOWLER.  Sworen to in open Corte this 12th of March 1693/4

Whear as Information hath been this Day made before this Corte by Mathias TOWLER one Mark TULLEY hath Spaken Severall Dangerus and Sedishous Words against the Present Government of England: Whearfore the Provest Marshall or his Deputy is hearby Orderd to Take the Said Mark TULLEY in to his Costody untell he shall give good and Suffitient Securety to appear before the Governor and Councell at the Next Generall Cort to answer what shall be Objected against him on the behalfe of their Majesties and to be of Good abearing the Mean time.

Present at the Passing these orders: the Governor, Tho. HERVIE, Willm. WILKENSON, Benj. LAKER, Samuell SWANN, Rich. SANDERSON.

To the Right Honorable Phillip LUDWELL Governor the Honorable the Lords Deputys and Grand Councell Now Sitting

The Humble Petition of Mathias TOWLER Humbly Sheweth Whereas your Petitioner by Charles DICKERSON obtained an order from This Honorable Court for a Whale taken up by him on the Sea Board having had a Lycence from the Honorable Govenor For Fishing.

But so it may it please your Honors one Timo. PEAD and Charles THOMAS has by Forse and violence driven your Petitioner from the Whale and Contemtiously detaines and keeps away your petitioner from the Whale whereby your Petitoner is damnifies besides the trouble of Coming up So far your Petitoner humbly prays Reliefe and as in Duty bound shall pray.  /s/ Matthias TOWLER

August 1693.  A Petition exhibited to the Court by Eliza. (Bateman) ARNOLD Shewing that her Husband Lawrence ARNOLD left his estate to his Son John ARNOLD to be enjoyed at 13 yeares of age but being Uncapable to Manage it by reason of his tender yeares prayeth to Chuse Jonathan BATEMAN for his Guardian: Ordered that Jonna. BATEMAN be his guardian and that his Mother doe bring in an Inventory of all the said estate to the Next Court.

Upon a Petition exhibited by Thomas HASSOLD shewing that a Child Named Thomas SNODEN was left with him by his Father in Law Edmond PIRKINS upon Condition to pay him 600 pounds Tabaco per Anno for his Dyatt Ordered that the said Thomas SNODEN Serve the Said HASSOLD until his Father in Law come for him or els till he arrive to the age of Twenty one yearses.

October 10, 1693.  Know all men by these presents that I John GODDARD of Curituck In Virginia now resident in Boston in New England Merchant doe by these presents grant and acknowledge my selfe to be justly Indebted and owing unto John BORELAND of Boston in New England aforesaid the full and just summe of thirty Pounds New England Money for the which sum of thirty Pounds Money as afore said I binde and oblige my selfe my heires Executors Administrators and asignes to pay or cause to be paid or delivered unto Mr. Thomas STEEL in North Carolina or in his absence to Mr. Thomas POLLOCK of North Carolina Merchant twenty Barrells of good and well salted and piclked porke of thirty one Gallons gage per Barrell for the account of the said John BOARLAND aforesaid his heires or assignes to the true performance wherof I bind and oblige my selfe my heires Executors Administrators and assignes to the said John BOARLAND his heires or assignes in the penal Summ of sixty pounds New England Money Well and truly to be paid In Witnes wherof I have subscribed to two obligations both of this tenor and date the one of which Obligations being performed the other to remaine void dated in Boston the 16th day of October 1693.

Memorandum Its agreed before the signing and sealing herof that the abovesaid twenty Barells of Porke is to be paid as aforesaid at or before the first day of January Next 1693/4.  /s/ John GODDARD

November 1693.  Sale from Sam. HILL of Warwick County in Virginia and Mary his Wife; to [S: S: Esqr] of 4000 more of less lately belonging to S. STEPHENS Esqr. Scituate in the County of Albemarle Bounding between Salmon creek N: W: and the bay of Moratoke S: E: on the Albemarle Sound East, and on the East side of Curtoke which Said Land was given unto said HILL by his father John HILL late of York County Dated June 26: 1693.  Witnesses: Cath. MURCHANY, Miles CARY JUN.  Acknowledged by D. ARKHUST in their behalf Nov. 7: 1693.  Registered the 10: W. WILKSON P.R.

An Abridgment of the Sale from Saml. HILL of Salmon Creek Land to Governor SOUTHELL

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:  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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