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North Carolina Higher Court Minutes
Source: The Colonial Records - Higher Court Records (1697-1701)

1697

Crown vs. BENNETT

Corrotuck - Whereas Complaint hath bin made unto me by Benjamin REYNAUD that John BENNETT refuseth pay for a Cow already received and A (illegible) These are in the name of his Excellency the Pallatine with the rest of the true and absolute Lords Proprietors to will and require you John BENNETT to make your personall appearance att the house of Mr. Thomas VANDERMULEN upon the Fourth Munday of July from the Date hereof, there to answare the abovesaid Complaint Whereof Faile not as you will answare the Contrary Given under my hand this 20th day of July 1697.

Crown vs. LEE and SPELMAN

The Jurors for our soveraigne Lord the King humbly present that William LEE and John SPELMAN being aided and assisted by several other persons to the Jurors unknown on or about the first day of June last past in the Precinct of Courahtuck in the county of Albemarle within this Government of North Carolina with force and armes Dorathy the wife of one William STEEL did Ravish and her the Said Dorathy together with the Goods and Chattells of the said William STEEL her said Husband viz One Bed, one rug, one Blankett, two bolsters, one bag and Corne, one sifter, one small Rope [one]brass kettle, a pott, and pott hookes, one Jug, two treys, one bowle, two bowles, one pail, one hammer, a parcel of nailes, one frying pan, one broad ax, and narrow ax, a runlet of soape, a firkin of soape, four bottles, one lignum Vita mortar and pestell, three firelock guns, one cake of talloe, one sheet, four spoones, one striped serge coat and briches, one lookingglass, one trunk, one smoothing iron, a brass ladle, a candlestick, and saveall, two plates, one pewter dish, one pepper box and lignum Vita Cup, one small jug, and a Canoe and Sailes and one Chest being of the Value of eight pound did take and carry away and the same unjustly doth hold against the peace of our soveraigne Lord the king and against the forme of the statute in that case made and provided.  We find them gilty of this indittement

August the 24th 1697William LEEs Examination saith that he was at the Shured with William STILLS wife John SPELMAN John HARDY and one HASES and theire they bought som venson of som Indans and the next day the Indans Came Creping up in the bushes and shot HASE throu the shoulder and then we fired at them this was within 40 miles of Cape fure (Cape Fear) about 2 monts since and Indans persued us severall times in Conues and aloung shore.

The Examination of Dorathey STEEL saith that she hired LEE and SPELMAN to goe with her to Ashley River but since I wold a gon to the norad if I could a gott theire we were up at Colonel POLLICKES house at Copehnoung and had sum tobacco and Rosting yeares of Corne of Colonel POLLICKES negro Manuell and they gave a gunn of William STILLES to Tom ANDVER a negro to pilaite them to south Key.

The Examination of John SPELLMAN saith that at the southerd they saw sum Indans and they bought sum venson of them the next day they Came Creping up in the bushes and fired at us and shott Henry HAYES throu the shoulder and then LEE fired two guns at Indans he saith that LEE at the Last Genrall Court asked him whether he wol goe to The Surtherd and they Kiled meat at William STILLS plantation Since [they] Came back and then bound to the norad we ware at Colonel POLICKES Plantation at Copenounage and had tobacco and Indan corne and Tom ANDEVER had a gunn to pilate them to south Key.

The Examination of Jemes SESERSON saith that thay ware at the sutherd and as thay Came back thay saw John LIUEN in Ronoke (illegible) and thay went to Jeniack and Ciled a best and went from thence to Scupernung and thaire thay Bought sum tobacco and Inden Corne of Colonel POLLUCK negro from thence thay went to Chowan William LEE and Dorrety STELL did Ly together upon one bed all the voige.

The Examination of Elizabeth VINA aged about 30 years doth declare that she was at Rodger SNELLs about 14 (days) since and John SPELLMAN Came to hur with a maseg from Dorryty STELL to speak with hur when I Came to hur she asked me whar I would go Along with hur to the norward to pokamake Rodger SNELL when he saw John SPELLMAN asked him whit hay stayed and lurked about thare whay thay did not go about thare bisness or goe home if not he would goe to the Cunstable and Rayes the Cuntry and sese tham and bed me tell them to begon spedyly or he would go and fetch the Constable and sese them and when I came to them I tould them what Rodger SNELL bed me and thay mad all the Experdission thay Could to goe away and thay said thay would dey before thay would be taken and so thay rowed along the shoure about a mile below the grate mashe and thare thay stayd two dayes wind bound and so thay Rowed along the shouer tell thay saw three Cattell the master and Dorryty STELL bed SPELLMAN goe and shute the smallest and so he did as he said and thay peantch it and Cutt it into quarters skin and all and brought it into the Cinnow that night and fleed it the next day and Cut it out and (illegible) a red hefer about three yere ould and Dorryty STELL said that It was Jacob PETERSON and when Thay Came to Scuppernung River thay got sum tobacco and Corne of Colonel POLLUCK Neegro and so from thence to Chowan the said master and Dorryty STELL lay together upon one bed together all the time I was with them when they Lay doune I ould faine a left them at Scopernung and thay would not let me and further saith not.  /s/ Eliz. VINER  her marke

To the Honorable Court.  The Hunble petition of William LEE Sheweth that Wheras He being Seduced by the Instigation of the Devil and by his owne Brutish Lust Hath Consented to the Carrying away of another mans Wife and Hath Already Received His punishment for the Crime Committed and With great favour Less then my Deserts Doe Humbly Crave in the first place pardon of Almighty God for my Wicked sin promising to become a new man and Doe also Desire the great favour of the Honorable Court to Be set at Liberty Now paying for my fees And your Humble petitioner Shall Ever pray.  /s/ William LEE

The Jurors for our Soveraigne Lord the King humbly present That John SPELMAN having not the fear of God before his eyes but moved and Seduced by the Instigation of the Devil on or about the beginning of august last in the precinct of Couratuck within this Government of North Carolina one [Beast] feloniously did kill against the peace of our sovereign Lord the King and against the forme of the statute in that case made and provided. 

PHILLIPS, assignee, vs. LERRY and wife, executrix

7br 5th day 1697.  Danl. PHILLIPS assignee of Thomas SEARES of Bermuda plaintiff versus Cornelius LERRY and Eliz. His Wife Executrix of the last will and testament of Paul LATHUM intermarried with Ann SEARES Widdow and Executrix of the last will and testament of William SEARES deceased who by his last will and testament did Give and bequeath to the above named Tho. SEARES three Breeding sowes which neither the Said Ann SEARES nor the said Paul LATHUM in their lifetime the said sowes being of the value of 40 shillings did pay. And the said Cornelius LERRY and Eliz. His wife the same to render doth refuse to the plaintiffs Damage five pounds for which he hath brought his sute and Craves Judgment for the Same with Costs and shall pray.

September 15th 1697.  These are in the name of his Excellency the palatine and rest of the true and absolute Lords proprietors to will and require you to arrest the Bodys of Cornelius LERRY and Elizabeth his wife Executrix of Paul LATHUM and them in safe Custody to Keep soe that they may appear the fifth day of the next Generall Court at the House of Mr. Jno. GODFREY to answer the sute of Daniell PHILIPS assignee of Thomas SEARES in a plea of the Case and have there this writ.

Saml. PAIN vs. Charles THOMAS

Thursday the 7th of 8br. 1697.  In a plea of trespass declares for ten pound damage for carrying a Canoe from one Youngs Landing in Couratuck and for cutting and spoil of sailes and rigging.  And the Defendant pleads not Guilty and cast himselfe upon the Country and the plaintiff likewise. And the Marshall is required to cause to come twelve etc. And who etc. By whom etc. And there came Mr. Thomas MILLER, Mr. Patrik BAYLEY, Mr. Rich. MADREN, Mr. Jno. SAWYER, Mr. Nicolas SEMONS, Mr. Henry NORMAN, Mr. Jno. MASON, Mr. Jno. McBRIDE, Mr. Jno. BIRD, Mr. David SHERWOOD, Mr. Rich. ATKISON, Mr. Argall SEMONS. Who impaneled and sworne say we Find for the plaintiff twenty one shillings with Costs. Ordered That the said Charles THOMAS pay unto Saml. PAIN twenty one shillings with Costs alias Execution.

Upon Petition of James DAVIS ordered that Saml. PAIN pay unto the said James DAVIS fourteen shillings and two pence for his attendance on this Court and coming and goeing from and to Couratuck being evidence against Charles THOMAS with costs alias Execution.

Upon Petition of Thomas EVINS Ordered that Samuel PAIN pay unto the said Thomas EVINS fourteen shillings and two pence for his attendance coming and going from and to Couratuck being a evidence against Charles THOMAS.

Upon Petition of Mathias TOWLER Ordered that Samuel PAIN pay unto the said Mathias TOWLER seven shillings and six pence for his attendance on this Court being Evidence against Charles THOMAS with Costs alias Execution.

Edward JELFE vs. Jno. LEWIS

Edward JELFE comes to prosecute his sute against Jno. LEWIS in a plea of Detinue and declares for one broad ax and one calking iron lent to the said Jno. LEWIS by Mary the plaintiffs Wife which he doth detain.  And the defendant saith that the said Chattels borrowed as is afore alleged he hath returned and of this he Casts himselfe upon the Country and the plaintiff likewise. And the Marshall is required to cause to come twelve etc. and who etc. by whom etc. and there came Mr. Thomas MILLER, Mr. Patrik BALEY, Mr. Rich. MADREN, Mr. Jno. SAYER, Mr. Nicolas SEMONS, Mr. Henry NORMAN, Mr. Jno. MASON, Mr. Jno. MACBRIDE, Mr. Jno. BIRD, Mr. David SHERWOOD, Mr. Rich. ATKISON, Mr. Argall SIMONS who Impanelled and sworne say We find for the plaintiff Thirty shillings with Costs. Ordered that John LEWIS pay unto Edward JELFE the sum of thirty shillings with Costs alias Execution etc.

Friday October the eighth. Court meet. Present The Honorable Thomas HARVEY Esqr. Deputy Governor The Honorable Francis TOMES, Danl. AKEHURST, Major Saml. SWANN, Capt. Henderson WALKER Lords Deputys.

Upon Information of William BRAY a tract of land formerly seated by Saml. BARNES in the precinct of Couratuck is deserted. Ordered that Capt. Henderson WALKER Escheator cause Levy SMITH, Humphrey VINCE and Thomas TAYLOR or any two of them to apprise the labour and improvement done upon the said Plantation and returne therof to make to the next Palatines Court.

Upon petition of Michael [ONELL] ordered that Jno. MACKBRIDE pay unto the petitioner Sixteen shillings and eight pence for his Goeing coming and attendance on this Court being an evidence against Nicholas TYLOR

WM. LEE and JOHN SPELLMAN brought before this Court and Indited for Ravishing the Wife and goods of Wm. STEELE to the value of Eight pound pleads Not guilty and the marshall is required that he Cause to come twelve etc. and Who etc. by whom etc. And there Came Capt. Anthony DAWSON, Mr. Jno. HAWKINS, Mr. Patrick BAYLEY, Mr. Richd. MADYREN, Mr. Jno. SAWER, Mr. Nicholas SYMMONS, Mr. Jno. MAYSANE, Mr. Jno. MACKBRIDE, Mr. Jno. JONES, Mr. Jno. MORGAN, Mr. Colemn FLIN, Mr. Jno. BIRD Who Impanelled and sworn say We find them guilty. Ordered that the said goods Remain in Custody of the marshall for the use of his Excellency the palatine the Lords proprietors till they shall be disposed of by the order of the Honorable palatines Court. 

Saturday October the 9th. The Court meet. Present the Honorable Thomas HARVEY Esqr. Deputy Governor The Honorable Daniell AKEHURST Francis TOMBS Major Samuell SWANN Lords proprietors Deputies

John SPELLMAN Brought Before this Court and for his offence Whereof he is found Guilty of the Ravishment of the Wife and goods of Wm. STEELE. Ordered that he be punisht by Receiving thirty Nine Lashes upon his bare back Well Laid on During the Courts sitting.

Jno. SPELMAN and W. LEE brought before Court and charged with (illegible.) Eliz. VINER upon Oath saith that William LEE (illegible) bid SPELLMAN goe and Kill one of three Cattle which they see and Jno. SPELMAN did kill one they cutt it in quarters hide and all and brought it into the Canoe and then rowed away and after cutt it up and salted it (illegible) heard the gun and SPELMAN say he had killed one and that (LEE and Dorathy STEEL layed in one bed together). Roger SNELL sworne saith [blank]. William BRAY sworne (Richard Pope crossed out) SAML. PAIN sworne saith that LEE saith the Country nor court he thought was worthy that a man should come before them. Ordered that William LEE receive thirty Nine stripes on his bare back well laid on during the Courts sitting.

John SPELLMAN Brought Before this Court Indited and arraigned for feloniously killing a Beast Contrary to the act of assembly. Pleads Not guilty and Casts himself upon the Country and the marshall is Required to Cause to Come twelve etc. and who etc. by whom etc. and there Came Capt. Anthony DAWSON, Mr. Jno. HAWKINS, Capt. Jon. STEPNEY, Mr. Patrick BAYLEY, Mr. Richard MAYDREN, Mr. John SAWER, Mr. Nicholas SYMMONS, Mr. Jno. MAYSAN, Mr. Jno. JONES, Mr. Jno. BIRD, Mr. Jno. MORGAN, Mr. William JONES, Who impannelled and sworn saith we find him guilty. And the said John SPELLMAN Cast himself upon the mercy of the Court. Ordered that the marshall Cause the said John SPELLMAN By the first opportunity to be sent out of this government that he Remain in Banishment for the space of four yeares.

Dorothy STEELE Brought before this Court and Charged With unlawfull Departing from her husband and goeing away with an adulterer of which proof being made by good Evidence and by Wm. LEEs Confession. Ordered that the said Dorothy STEELE Be punished By receiving thirty stripes on her bare back Well Laid on During the courts sitting and that she remain in custody till she shall find surety for her appearance the first day of the next General Court and for her good abbearance in the meane time.

BENIT vs. BURTENSHALL

Albemarle County.  Be it Knowne Unto all men by these presences that I Joseph CHEW of Chowan precenkes have maid assigned ordained and deputed and in my steed and place by these presences putt and Constitute my well beloved friend Mr. John BENNETT of Corotuck precenkes my trew and Lawfull attorney forever Irrevocable for me and in my name and toe my Use to ask Levy Recover and Receive all these following debts that is dew unto me from John CONDON thurty shillines from Samuell JONES thurty shillines from Richard BURTANSHALL three pound tenn shillines from William BALLANCE thurty seven shillines from William BATMAN thurty shillines from Luke NEALE twenty two shillines and a Leven pennes from Mary SINQUA five shillines Giving and by these presences Granting Unto my said Atturney full power and authority for me and in my name and to my onely use to sew a Rest Implead Condeam and Imprison Every of my debtors aforesaid and att his Liberty  and pleashur such parsons or parsons out of prison to deliver or Cose to be delivered and upon the Recete of any sume or sumes of mony for my use to be Receved of any of the parsons aforesaid A recite (illegible) or other Lawfull discharges for the same for me and in my Steed and name to make seale and deliver as my deed or deeds and all and Every other things and things which shall be neadfull and nesery to be dun in or about the primese the same to doe as fully and holey as I my selfe might doe if I ware thare personally present houlding forever and stable all and Whatsoe ever my said Atturney shall doe or Cose to be dun in or about the primises by these presenses as witness my hand and seale this 22th day of December 1697.  /s/ Joseph CHEW

This bill bindeth me Richard BURTENSHALL my haires Executors or Administrators to pay or Case to be paid Unto Joseph CHEW his haires or asignes the full and Juyst some of three pounds tenn shillines Courant mony to be paid in Good Fatt Beafe or porke to the Receiver Liken upon my now dwelling plantation or some where Conveniently in Corrotuck precinct as witness my hand this 21st November 1695.  /s/ Richard BURTENSHALL his marke

I Joseph CHEW doe by these asigne and sett over these following debtes unto Mr. John BENNETT or to his haires Executors or asignes from me my haires Executors or Administrators and doe (illegible) to have Received full satisfaction for them John CONDON thurty shillines Samuell JONES thurty shillines RichardD BURTONSHALL three pound tenn shillines William BALLANCE thurty seven shillines William BATMAN thirty shillines Luke NEALE two and twenty shillines and eleven pennes Mary SINQUA five shillines as witness my hand this 24th day of December 1697.  /s/ Joseph CHEW

Memorandum in What Date each bill beareth John CONDON 10 of November John CONDON 15 of December 1697 Will BATEMAN 28 of November 1697 Rich. BURTENSHALL 21 November 1695 Luke NEALE 28 of November 1695 Sam JONES 11th of December 1695 and that he shall (illegible) law and Execution of right and that hee deny to no man Common right

December the 22d Anno 1697.  Son HODGSON pray Pay unto Mr. Joseph CHEW Eight Pound in soale and upper Leather the Soale Leather att Eight Pence per pound and upper leather Att Eightene pence per pound and Take a Receite of the abovesaide Mr. CHEW that hee hath Received full Sattisfaction of you upon my Acompt and In so doing you will signally oblige mee who is your Loveing father whilest I Am John BENNETT

December 24 1697.  Received of Mr. John HODGSON the full Contents of the within mentioned note   I say per me Received.  /s/ Joseph CHEW

Received of Richard BURTENSHALL the full Contents of his the said BURTENSHALLs bill for three pounds Tenn shillings past to my husband for Surveying of Land and rights this 14th 8ber 1698 By me.  Alice CHEW Signum

Crown vs. SNELL

 N. Carolina SS    To the Honorable the Generall Court.  The Humble petition of Roger SNELL sheweth that wheras judgement was given against your humble petitioner in March was a twelve moneth to be Branded in the hand which the Honorable Court in respect to his poor and weake Condition suspended till this day and granted your humble petitioner his liberty upon bale which great and undeserved favour and mercy the humble petitioner Doth most thankfully acknowledge and now having made his personall appearance humbly sheweth that your petitioner is a very poor and aged man and have noe way to maintain himselfe but by the dayly labour with his hands and feareth that if his deserved sentence should be put in Execution he should be thereby disabled to labour to the utter ruin of himselfe and family and therefore humble casteth himselfe upon the mercy and favour of the honorable Court earnestly beging the honorable Court to Consider his woefull and deplorable [Case] and shall pray.   /s/ Roger SNELL

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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2007 Kay Midgett Sheppard