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North Carolina Higher Court Minutes
North Carolina Colonial Records - Higher Court Records (1697-1701)
Princess Anne Co., VA Order Books
1699. Roger SNELL having been convicted of felony att a Generall Court holden the Five and Twenteth Day of March 1698 and saved by his Booke had judgment to be burnt in the hand but upon Consideration of his Sickness and Weakness was reprieved till this day and now maketh his appearance and by his humble petition setteth forth that he is a very aged and poor man and in Case the said sentence should be Executed upon him he would be thereby disabled to get his living to the ruine of himself and family Upon Consideration whereof the said sentence is hereby suspended for Twenty yeares. Ordered that the Marshall hold him in safe Custody until he give Bond for the Good behavior.
Att A Court held Att the house of Mr. Edward MUSSEN Jenurary the 31th 1698/9 Whearas theire was A Action Depending Betwene John BENNETT Attorney Mr. Joseph CHEW And Richard BURTENSHALL and Came to a Issue and the Jury found for the Defendant John BENNETT Aforesaide Plantiff Being Dissattisfied Doeth Appeale to the honorable Court of Common Pleys for future triall this 3d day of Febburary Anno 1698/9
A true Coppy from the Record Attested By mee John BENNETT Clerke this 21th of Febburary Anno 1698/9
Jno. BENNIT versus Rich. BURTENSHALL
March 1698/99. Appeal from Couratuck Court Referred to the first day of the next Generall Court the said BURTENSHALL being at present in his Majestys service.
John BENNETT comes by Mr. George HARRIS his Attorney to prosecute his appeal against Richard BURTINSHALL and saith that att A Court holden for the precinct of Coratuck in the Month of January last he brought his sute against the Defendant by virtue of a letter of Attorney from Mr. Joseph CHEW in a plea of Debt for the sum of Three pounds Tenn Shillings [due] to the said Joseph CHEW by bill and which alsoe the said Joseph CHEW had assigned to the plaintiff after the Date of his said Letter of Attorney and att that said Court the said Richard BURTENSHALL appearing produced a Receit to Barr the Action Signed by Mrs. Alice CHEW Wife of the said Joseph bearing date after said Assignement made to the plaintiff and the Isue being tried by the Country a Verdict was found for the Defendant from which the Defendandt [sic] appealed and now prayes releife and the said Richard BURTINSALL by Mr. Richard PLATER and Mr. John PORTER his Attorneys saith that they ought not to answer to the Declaration fyled by the plaintiff in this Court because of itís uncertainty in that the plaintiff declares himself in his Declaration to be both attorney and assignee of the said Joseph CHEW And it is the Opinion of the Court that the Assignement made after the Letter of attorney did not make voyd the Attorneyshipp and the Defendant further saith that he not Knowing of any assignment of the Bill made payment of the same to the said Alice CHEW wife of the said Joseph in his absence and by her receipt is discharged from the said Debt And it is the Opinion of the court that he is not Discharged thereby both for that the said Alice had noe power soe to doe from her said husband and alsoe because the said Bill was assigned over before the receipt given. Ordered that the said Richard BURTENSHALL pay unto the said John BENNETT Three pound Tenn shillings with the Costs that have accrewed att this Court alias Execution [Colonel WILKISON dissent]
July 1699. To the honorable Court of Common Pleas Appointed for the County of Albymarle. The humble Petition of John BENNET humblely Sheweth That wheareas your honors humble Petitioner Brought his Action of Debt Against Richard BURTENSHALL Att A Court held for the Precinct of Corrototuck Jenniuary the 31th Anno 1698 your honors humble Petitioner Being Attorney To Mr. Joseph CHEW by virtue of a Letter of Attorney Irrevocable And hath Proved his letter of Attorney And bill A Jury being sworne to Try All Causes that Came before them According to law and evidence And the saide Defendant had nothing to object Against the bill butt A Pretended Receite from Mrs. CHEW Bareing date last October To which saide Receite Mr. PORTER And Another mans names weare Subscribed As wittneses And the Jury went oute and brought In A verdict Against your honors humble Petitioner Butt the Court sent them Oute Againe and told them Itt might bee Ann Oversite notwithstanding theay brought In the same verdict for they saide theay weare the Peeres of the land And therefore theay weare sure the mone was paide Although Mr. CHEW had Received Eight Pound the 24 of December Anno 1697 of your honors humble Petitioner As may Appeare by the saide CHEWes Receite And after the Reception of the saide mone Mr. CHEW gave unto your honors humble Petitioner An Assinement as my Appeare by the saide Assinement beareing Date the 24 of December Anno 1697 so that the saide bill hath bene your honors humble Petitioners Reall rite for above nine months before the saide Defendants Pretended Receite And further moore Itt may Appeare by the saide bill that the saide Defendant wass To Pay the saide 3 Pounds 10 shillings In fatt beafe or Porke to the Receivers likeing to Mr. CHEW or his Assines upon the Plantation for which Sirveighing And Rites Itt became Due the Premises being Tenderly Considdered your honors humble Petitioner humblely Prayeth that your honors will bee Pleased to grant him Ann order for his mone with Cost And your honors humble Petitioner As In duty Bound shall Ever Pray for your honors temporall and Etternall felicity whilest I Am /s/ John BENNETT
William BRAY Power to Joell Cornick
Source: Princess Anne Co., VA Order Bk. 1; Part 2; pg. 251
Submitted and transcribed by Mike Schoettle
8 day of July 1699
Know all men by those presents that I William BRAY of Coratuck precint in the province of North Carolina have and hereby do make impower constitute and ordain Joell CORNICK of Princess Ann County my Lawfull attorney at Law, for the appearing for me & in my Room stead & behalfe and for the answering to and defending of all manners of actions suites commencemts or processes that now is or shall be by any person whatsoever brought against me in Princess Anne County Court. Hereby promising for to allow, Ratifie and confirme whatsoever my said attorney shall act or doe in any matter or Cause lawfull wherein I am concerned as abovesd as witness my hand this 8 day of Jul 1699.
Test Jonathan SAUNDERS, Solomon WHITE
(signed) Will BRAY
Nathaniell McCLENAHAN vs William BRAY
Source: Princess Anne Co., VA Order Bk. 1; Part 1; pg. 216
Submitted and transcribed by Mike Schoettle
Nathaniell McCLENAHAN suing William BRAY and in his petition setting forth that the Defendt had Rescued severall goods attached for him in the Custody of the Under Sherriff of this county, the said goods belonging to one FFULWOOD and by the said MCCLENAHAN alleged to be in his debt and illegally departed this country and whereas the said rescue? being made upon Crow Island in Coratuck where the said goods were attached, concerning which place there hath been lately raised a dispute whether it be in this government or North Carolina it is therefore ordered that the said difference be referred to the next court that the court may be better informed concerning the same. [Reference to this court case is also found in the NC Colonial Records; Vol. 1; pg. 511-12]
William BRAY vs. James TOOKE
October 10, 1699. William BRAY versus James TOOKE and John TOOKE Executors etc. of Joseph COMANDER deceased in a plea of the Case for ten pound sterling. Retorne In Custody.
Thursday, November 2d 1699. William BRAY vs John TOOKE and James TOOKE Executors of Joseph COMANDER deceased in a plea of the Case for 10 pounds Sterling and the Defendants came not. Ordered that the Marshall have here the Bodyes of the Said James TOOKE and John TOOKE the first Day of the next Generall Court to answer the Said Sute alias Judgment against the Marshall.
William BRAY plaintiff versus James TOOKE and John TOOKE Executors of the last will and testament of Joseph COMANDER deceased in a plea of the case complaines that wheras it hath been provided by the laws of this Government that any person that should take up any runaway Negroe and should bring the same to his Master or to the Provost Marshall should be allowed one shilling for every mile for his travel soe it is that in the lifetime of the said Joseph COMANDER and whilest he was provost Marshall and during the time that the afore recited law was in full force there Was delivered to the plaintiff two runaway Negroes by Order of the court of Couratuck precinct which Negroes had then been brought twenty miles for which the plaintiff being then deputy Marshall for the said precinct was Ordered to pay forty shillings that is to say twenty shillings for each Negroe being brought twenty miles according to the said law and the plaintiff in pursuance of the said law did bring the said two runaway negroes the space of fourscore miles by common computation and the same did deliver to the said Joseph COMANDER as the said law did direct for which there became due to the plaintiff the sum of four score shillings for each Negroe over and above the aforementioned forty shillings as by wayes and meanes convenient the plaintiff is ready to make appear which said severall sums amounting to the sum of ten pound sterling the said Joseph COMANDER did receive of or from the Masters of the said Negroes over and above his owne proper Fees but the same to the plaintiff did not pay And the defendants the same to render doe refuse tho often demanded for which the plaintiff hath brought his sute and prays Judgement for the same with Costs and shall pray.
October 10th 1699. The humble Petition of Mr. William BRAY In most humble maner Complaining to your Honors that the Estate of Joseph COMMANDER stands Justly Indebted to your Petitioner in the sum of ten pounds for takeing up slaves and bringing them to the said COMANDER as the Law in that Case provided att that time as your Honors have been already Informed by your Petitioners Declaration and your Petitioners hath been att much Charge and trouble in Demanding and seeking for the same by action and hath hitherto been (torn) Disapoynted and hath been Long out of the said [ten] pounds and spent money in seeking for the same wherefore your Petitioner humbly Prays this honorable Court take the premises into your Consideration and grant your Petitioner an Order for the said Debts and Costs and he shall Pray etc. /s/ Will. BRAY
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