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North Carolina Higher Court Minutes
Source: NC Higher Court Minutes; Vol. 4. (1702-1708)
Abstracted by Wm. S. Price from North Carolina Colonial Records (Second Series)

1703

March 29th 1703 - Upon Petition of Dorothy SIMPSON.  Orderd that Mr. Henry WHITE Mr. Jno. RAPIER Mr. James DAVIS shall Lay out all the Lands wherof Wm. SIMPSON Deceased was possesst in his Life time and Shall Return to the petitioner the one third thereof to be to her as her Dower.

Friday July 30th 1703 - Wm. REED Came to prosecute his Sute against Benj. TULL plea of Case and the Defendant Came not Ordered that the marshall have the body of Benj. TULL att the next Court the last Tuseday in October next alias Judgment to pass against the Marshall.

REED vs. TULL

To the Honorable Generall Court of North Carolina.  William REED Plaintiff hath Brought his action of the Case on assumpsett against Benj. TULLE Defendant.

To Witt That is to Say That Kath. HOBS stood Justly Indebted unto the plantiff by Accountt the Sum of Four pounds Seaventeen shillings and Six pence and the said Kath. HOBS for the sum aforesaid and for other Consederations was willing to Serve the plantiff Two Years, the Defendant by fair promises perswaded the said Kath. HOBS to Leave the plantiff and to lieve with him, upon which the plantiff Demanded his Money, and the Defendant did assume and promises to pay the plantiff what the said Kath. HOBS did owe him in laiving the plantiff upon which promises the plantiff was Sattisfied which was in July and August in the year of our Lord God 1702 Since the plantiff hath Demanded of the Defendant the afore Said Sum of Four pounds Seaventeen Shillings and Six pence Knowing it was Justly due from the afore said Kath. HOBS, and the defendant Refuses payment Therefore the Plantiff hath Brought his action and Demands Judgment of this Honorable Court against the Defendant for the aforesaid Sum of Four Pounds Seaventeen Shillings and Six pence with Costs Etc.  Wee of the Juore find for the platif one pound seventeen shilling and 12 pence with the Coste.

Corahtuck precinct August the 31st 1703 - The Deposition of Tho. BOUCHER aged: 39: yeares or there about sayeth that upon the 24th: of July 1703 your Deponents Houshould or fammaly was Then in perfect helth Excepting one person which was Recovering out of his sallivation: the same day att Eve I your deponent Called one Tho. WALKER a servant of yor Deponents to Come to meet: but he instantly Cryed out that his paines was soe Great that he Cold not Come Crying out of his belley and stummack and soe Continueth disabled to this Day; the next morning it being the 25th of July: 1703 the aforesaid WALKERs wife Came from John EVANS his House and youre Deponent said to her I was very Glad that shee was Come that shee might nurse her husband; within one hower or two my wife was taken with a pain in her feet soe Exstreemly and sevearly that shee Cryed out: and acquainted me that he paine was in such sort that her feet Felt as if a thousand alls or nailes was Pearsing them and Could Have noe Ease but when her feet was put in hott water soe she Continued: 24: howers Then the paine seassed in her feet but shee was tormented in her bowels to the day of her death the which sickness Continued about a month and many helpful men and woman: indevered to give her Ease and helpe but all in vaine and it was observed that (illegible) shee was taken sick shee Cried owt of John EVANS his wife still saying that she was an Evall woman and that shee was satisfied that she suffered Those great paines by her meanes and Ernestly desiered mee to have her Examined and serched for shee should sertainly Dy but it may serve to prevent her from Doing more Mischeif This she said with many more words Releating to the said EVANS  his wife adding that shee Coold not slumber but she thought of her before many persons present soe that in a bought a weake after shee was taken I Thomas BOWCHER your Doponent was also Taken with strainge and unuseual paines in my stomack and belley and Prevyiparts and am still afflicted to this day soe that I and my wife Could hardly Tell which Shoid Dy furst and Tho. TAYLOR and his wife and all the people of my famally ware soe bad that one Could not helpe another: sometime before my wife Dyed John EVANS Came for me to meet his wife att Mr. Tho. VANDERMULENs to appeare before Mr. Richd. COMINFORT for she that was his wife was not willing to heare such Reports against her selfe I Readely went and there acquainted what obligation my wife had Laid one me to serch the matter more plaine John EVANS and his wife Did abuse me and my wife and he Thretned me that he wold much bruse my body I acquainted him that I was sick he said that he did not believe but that I was as well as he this is what is most pertinent and what I Can Remember the which I doe attest and sett my hand unto.

To the honorable Generall Court.  Jno. EVEANS humbly Sheweth Wheras yor petitioner having his Wife brought to this honorable Court as a Conficted Person: being Concerned with familier Spirits under the Notion of a Wich to yor petitioners great Damage and Detriment yor pettitioner humbly prays that this honorable Court may bring the same to proofe and tryall Living so far a Distance and yor petitioner As in Duty bound Shall pray.

North Carolina SS   To the Honorable the Generall Court.  The Humble Petition of Susannah EVANS Most humbley Sheweth That Tho. BOURCHIER hath put your petitioner to great Charge and trouble by Causing your petitioner to be Comitted for a Witch And your petitioner humbly prays your Honors will be pleased to grant an Attachment against the Said BOURCHIERs Estate and She Shall pray etc.

REED vs. SANDERSON

 North Carolina SS   To the provost Marshall or Deputy.  These are in her Majesties Name to will and require you to Subpena Captain Richard SANDERSON JUNIOR Soe that he may appear the Third Day of the next Generall Court to be held for this province the last Tuesday in October next att the House of Captain John HECKLEFIELD in Little River to answer the Bill of Complaint of William REED And have there this writt Dated the 24th of September 1703.  [signed] Tho. SNODEN

Wednesday October 27th 1703 - Presentment is made to the Grand Jury that Susannah EVANS of the precinct of Coratuck in the county of Albemarle in the province of North Carolina not having the fear of God befor her Eyes but being led by the Instigation of the Devill did on or about the twenty fifth day of July last past the body of Deborah BOURSHIER being then in the peace of our soveraigne Lady the Queen Divelishly and Malitiously bewitch and by assistance of the Devill afflict with mortall paynes the body of the said Deborah BOURSHIER whereby the said Deborah Departed this life And alsoe did Diabolically and malitiously bewitch severall other of her Majesties Liege subjects against the peace of our said soveraigne Lady the Queen and against the forme of the satute in that Case made and provided And the Marshall is Comanded to come etc. And there Came Mr. Robt. WALLIS, James FARLOW, Wm. EARLY, Francis BEASLY, James WARD, John WIDBY, John WATTKINS, Zak KETON, Robt. LOWRY, William SIMSON, William LUFTMAN, Hugh PRICHARD, Cornelius JONES, Richd. STAMP, Richd. MARDSON, Cornelius FITZPATRICK who were Impananlled and is sworn saying wee of the Jury find no Bill and the person Ignoramus and it is ordered that the said Susanh. EVENS be acquitted paying the Charges.

Presentment is made to the Grand Jury that Martha RICHARDSON of the precinct of Corratuck of the County of Albemarl in the province of North Carolina (torn) having the fear of God before her Eyes but being (torn) On by the Intigation of the Divill did on (torn) the 20th day of July last past the Body of William PARKER being in the peace of our Sovereign Lady the Queen Devillishly and Maliciously Bewitch and by assistance of the Devill afflict the Body (torn) said William PARKER and also did Diabolically and maliciously Bewich severall other of her (torn) Leige subjects against the peace of (torn) sovereign Lady the Queen and against (torn) of the statute in that case made and provided (torn) the marshall is Commanded to come etc. and (torn) came Mr. Robt. WALLIS, James FARLOW, William EARLY, Francis BEASLY, James WARD, John (torn), John WATTKINS, Zakhard KEETON, Robt. LOWRY, William SIMSON, William LUFTMAN, Hugh PRICHARD, Cornelius JONES, Richd. STAMP, Richd. MADRAN, Cornelius FITZPATRICK who were Impanelled and sworne saying wee of the Jury find no Bill and the person Ignoramus and it is ordered that the said MarthaA RICHARDSON be acquitted paying the Charge

Colonel Wm. WILKINSON comes into Court and acknowledges his Deed of sale of five Hundred and sixty Acres (torn) Mr. Edwd. SMETHWICK and the same ordered to be recorded.

Mr. Edwd. SMETHWICK and his wife Sarah comes in (torn) and acknowledges their Bill of sale of Five hundred and sixty acres of Land unto Colonel William WILKINSON and the same ordered to be recorded.

Upon Petition of John EVANS shewing that the Estate of Thomas BOURSHIER deceased is Indebted to him and Diverse persons in this Government And that the said Estate is in Danger by a person unknown to be Conveyed away out of this Government. Orderd that the Provost Marshall take into his Custody the said BOURSHIERs Estate and the same to secure until Disposd of the Due Course of Law.

Upon motion of Captain Richd. SANDERSON Ordered that Wm. REED pay unto Captain Richd. SANDERSON 2s.-6d. for one Dayes Attendance as an Evidence for the said REED with Costs alias Execution.  [Signed:] W. GLOVER, John PORTER, C. GALE, Thomas SYMONS.

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