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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)
Princess Anne Co., Virginia Order Books
March 28th 1704 - A Deed of Sale acknowledged in Court from Tho. SNODEN to John BATEMAN
March 30th 1704 - A Power of Attorney from Anne CAROON to John HECKLEFIELD prov’d by the oaths of Sam. PAYNE and Tho. WELCH.
Anne CAROON by Captain John HECKLEFIELD her Attorney relinquishes her right of Dower of a Tract of land Sold by James CAROON her husband unto George ELCOTT.
July 25th 1704 - An Assignment of A Deed of Sale acknowledged in Court from Andrew WILSON to John BATEMAN Attorney of Jonathan BATEMAN and Orderd to be recorded
Upon Petition of James FUAWKES Shewing that by an Order of Court past the 26th Day of October 1703 the Provost Marshall was orderd to take the Estate of Thomas BOUCHIER Deceased in to his possession till otherwise Orderd by Due Course of Law And Shews that the said BOUCHIERs Estate was Indebted to him in the Summe of Seventeen pounds Six Shillings And that by virtue of the aforesaid Order Willm. BRAY Deputy Marshall of Coratuck Seiz’d the Said BOUCHIERs Estate and the Same hath Confiscated and dispos’d of Contrary to Law and Prayes That the Said BRAY may make his appearance att the next Generall Court to render A Just and true acct. of the Said BOUCHIERs Estate And for plea the Said BRAY Sayes that Administration hath been Granted of the Said Estate and by virtue thereof itt hath been taken out of his hands of which he has assum’d to render an account the next Court. Orderd That Willm. BRAY make his appearance att the next Generall Court to be held for this Province to answer the Said FUAWKES’s Complaint.
Sept. 7, 1704 - Richard JARVICE vs Henry SNAYLE - Richard JARVICE of Corrotuck precint of Albermarle County _____ goverment of North Carolina who Marryed Dinah ye daughter of Jno WOODHOUSE SENr decd Suing Henry SNAYLE [seen as Snail in other records] of this County who marryed Ruth ye Extx of ye sd Jno WOODHOUSE decd and Richard SANDSON [Sanderson] of Currotuck precint & Govermt aforeSd who marryed Grace ye daughtr of ye aforeSd Jno WOODHOUSE decd suing ye sd Henry SNAYLE as marrying Ruth ye Extx of ye sd Jno gave? for ____ given _____ two daughters by will & ye pts [plaintiffs?] not _______ Said action as they ought to bring a ______ & the legatees it is therefore ord that ye _____________.
[Source: Princess Anne Co., Virginia Order Book 1; part 1; pg. 391 - Submitted & transcribed by Mike Schoettle]
Court on 4th 8br [October] 1704 - In sd suite in Chancery brought by Richd JARVICE of Corratuck vs Henry SNAYLE and is ordered to be referd till tomorrow for which said atty to produce his power being as he alleadges is in ye office.
In ye ____ depending between Richd SANDErSON of Corrotuck as Marrying ye Daughtr of Jno WOODHOUSE late of this Collony decd & pt [plaintiff] & Henry SNAYLE SENr who marryed ye wido & Extr of ye sd Jno WOODHOUSE decd deft [defendant] is ord to bee referd till ____ for ye pt attorney to produce his Power being in ye office as he alleadgeth.
[Source: Princess Anne Co., Virginia Order Book 1; part 2; pg. 394 - Submitted & transcribed by Mike Schoettle]
Court on 5th 8br [October] 1704 - In ye suite in Chancery Depending between Richd SANDrSON of Corotuck precint & of Albermarl County in Carrolina as marrying Grace ye daughter & legatee of Jno WOODHOUSE of Linhaven parish & Princess Ann County_____ Complt [Complainant] & Henry SNAYLE SENr of ye precint & county aforesd who marryed ye Etrx of ye Sd Jno WOODHOUSE decd respond: is desired to be Referred till ye next court for ye Respondent to answer in writing to ye Complt Bill.
In ye suite in chancery depending between Richd JARVICE of Coratuck precint & Albermarle County in Carrolina who marryed Dinah ye daughter & legatee of Jno WOODHOUSE of Linhaven Parrish & Princess Ann County in Virga Complt & Henry SNAYLE SENr of ye parish & county aforesd who marryed ye Extx of ye sd Jno WOODHOUSE decd Respondt is desired to be Referred till next Court for ye Respondt to answer in writing to ye Complt Bill
[Source: Princess Anne Co., Virginia Order Book 1; part 2; pg. 396 - Submitted & transcribed by Mike Schoettle]
Oct 1704 - North Carolina To the Honorable Generall Court etc. Captain James COLES is plaintiff against John STIMSON Defendant In a plea of the Case and Setteth forth and Declares That the Defendant Stands Justly Indebted to the plaintiff in the full and Just Summe of Two pounds and two Shillings payable to the plaintiff in fresh Porke As by wayes and meanes Convenient the plaintiff is ready to make appear Which Said Summe the Defendant refuses to pay to the plaintiffs Dammage Four pounds Sterling for which he hath brought this action And humbly Craves Judgment for the Same with Costs of Suite and he Shall pray etc. [signed] Tho. SNODEN Clericus Curiae
North Carolina SS To the Provost Marshall or Deputy. Whereas John EVANS Came before me and made Complaint upon Oath that he hath been robbed by Phillip STONE of this Province of A Bill of Eighteen pounds payable from the Said Phillip STONE to the Said John EVANS against the peace of our Soveraigne Lady the Queen.
Court on 7th November 1704 - Richard Sanderson of Coratuck precint & of Arbermarle County in ye governmt of North Carolina who maryed Grace, daughtr & legatee of Jno Woodhouse of Linhaven parish & Princess Ann County Virga souing in Chancery Henry Snayle of ye Parrish County & Governmt who marryed Ruth wido & extx of ye sd Jno Woodhouse decd for a Legacy given? to complaint by ye sd Last Will & Testamt being one Silver Spoone, one ffeather Bed Bolstr & rugg _____ one Iron Pott, one Cow & Calf wch was never soul? by ye Compnt as they butchered? ___________ therefore expect & Prayes yt [that] ye sd Respondt may either produce discharge __________ in Equity agt this respondt for ye same who by his atty Boush? by way _____ to ye compnt Bill neither confessing nor denying ______ or avoiding ____ by way ___ Saith first agt ye Compnt Bill was not entered & filed in ye Clks office before ______ out of ye writt of six pence according to ye intent & meaning of __ province in ye High Court of Chancery as obliged Secondly because by Due Course of Law ye Complnt ______ ______ Remedy for ye recovery of their Legacy of ye Common Law for by ____ ____ of ye High Court of Chancery it is ordained & established that after ye 25th day of March 1655? Legacyes should be Sued for ___ Common Law & not in Chancery for wch aforesd _______ Respondt of ? ? ?Complt Bill. There on prayed Judgt whether ye Complt _______ admittance to any further professing & agt him where upon it was ______ by ______ yt ye Complt had Remedy as? ye Common Law for recovery of their Legacy or _____ according to ye Sd ordinance of ye High Court of Chancery to Sue for ye _____ at ye ____ Law do there fore desire ye suite be dismissed wth Cost. [Source: Princess Anne Co., Virginia Order Book 1; part 2; pg. 399 - Submitted & transcribed by Mike Schoettle]
In ye suite in Chancery brought by Richd Jarvice of Corotuck precint & Alebemarle County North Carolina who marryed Dinah ye daughtr & legatee of Jno Woodhouse _____ Snayle of Princess Ann County aforesd who marryed Ruth ye sd Jno extx ______ was Given ye Complt by the sd Jno Last Will & Testament being one Silver spoon, one ffether bed Bolstor & rugg one pewter dish one Iron pott cow & calf wch was never Recd by _____ aleadged in their sd Bill therefore expects & prays that ye sd respondt ______ their discharge for ye Same or else Clear himself by his own Oath whatsover Ever payd ye sd legatee & to those Complts wch if he ye respondt who by __________ for answer to ye _______ Bill neither for ____ing nor _____ing __________as in ye ____ contained by way of Domain? settle? that ye Complnt Bill ____________ for ye Clerks Office of this County before the Issuing of her majtis writt of __________ is Contrary to ye true intent & meaning of an ordinance of ye hie Court of Chancery for wch reason ye Sd bill ought to bee hence dismissed,. Secondly because by ____ form of Law the complenants ought to take theire proper remidy for the recovery of theie Legacies at the Comon Law for by an ordinance of the hie Court of Chancery it was ordained & established yt [that] after the 25th of March 1655 Legacies should bee Sued for at the common Law & not in Chancery where upon this reespondant demurrs to the Complenants bill against him & thereof prayes judgmt whether the Complenant ___ be admitted to any further proceedings agst him whereupon it was by this Court hole? yt the Complenants had remidy at the Common Law for the recovery of their legacies therefore ought according to the ordinance of ye hie Court of Chancery sue for the Same at the Common Law do there fore decree the Suite be dismissed with Cost. [Source: same as above]
Nov. 1704 - These are in her Majesties Name to will and require you to take into Custody the Said Phillip STONE And him Safly to keep till he Shall become bound with good Security for his appearance att the next Generall Court to be held for this Province the last Tuesday in March next att the House of Captain John HECKLEFIELD to answer what shall be objected against him on her Majesties behalf and for his good abearance towards our Said Soveraigne Lady the Queen and all her liege people in the mean time And this Shall be your Sufficient Warrant. Given under my hand the 2d Day of November 1704.
Know all men by these presents that wee John EVANS of the Province of North Carolina Planter and John HUNT of the Same Planter Doe acknowledge our Selves to owe and Stand Indebted unto his Excellency the Palatine and the Lords Proprietors of the Province aforesaid in the full and Just Summe of Twenty pounds of good and Current money of England to the which payment well and truly to be made Wee bind our Selves and either of us Joyntly and Severally our Heires Executors Administrators and Assignes firmly by these presents Sealed with our Seales Dated the 2d Day of November 1704. The condition of the above written obligation is Such That if the above bound John EVANS Doe and Shall make his personall appearance att the next Generall Court to be held for this Province the last Tuesday of March next att the House of Captain John HECKLEFIELD in Little River and then and there prosecute PhillipP STONE for Robbery Committed by the said STONE against the Said John EVANS. That then the above Written obligation to be void and of none effecte or else to be and remain in full force power and virtue. /s/ John [his x marke] EVANS, John HUNT
North Carolina SS. The Jurors for our Soveraigne Lady the Queen present upon their Oaths That Philip STONE of the precinct of Coratuck in this Province not having the fear of God before his Eyes but being led away by the Instigation of the Devill did Sometime in October last past violently and forcibly assault the Body of John EVANS being in the peace of our Soveraigne Lady the Queen and feloniously rob steal and take away from the Said John EVANS one Bill of Value of Eighteen pounds the proper Goods and Chattells of the proper Goods and Chattells of the Said John EVANS and payable from the Said Philip STONE to the Said John EVANS Contrary to the peace of our Said Soveraigne Lady the Queen and against the forme of the Statutes in that Case made and Provided.
EVANS vs. STONE
The depositon of Samuel SHAKESPER being (torn) years old or there abouts being sworn saith that he the said Samuel SHAKESPER Came down the bay a Long with Phillip STON and that thay Came away in the night for the said STON pretend that he was afraid of Cornel CERTIA and the said STON was indebted to SHAKESPEAR and when the said SHAKSPER did ask the said STON to pay him the said STON sed that he wood pay him With the pint of his sord and this was at STON fathers and STONs father Chid him and wase going to strik him and STON swor that he would kill his father if he did and that he brought William (illegible) Lid aLoung with him to the brige in Norfolk County John HALL and Thomas CHEERWOOD shode a bill of twelve pound and shode it to Cornel WILSON and the said SHAKESPER under stud that thay Gave Cornel WILSON order to a Rest STON but STON Lift his bot and wint into Corotuck and got other men to transport hir for him and further saith not; Samuel SHAKSPER sworn in a defunice depending between John EVENS and PhillipP STON in North Carolina before me.
The petition of John EVINS humbly sheweth That Phillip STONE since Robbing your pettetioner of the bond formerly Complained of doth perforce deteyn a house and (torn) hundred and sixty Eight Acres of Land to the same belonging Least from your pettetioner to the said STONE at the Rent of forty shillings for the terme and time of one whole year, which Leas Expired and Ended the 15th day of January Last past as the Leas here Ready to produce which to your Honors more at Large appear, and at the Expiration of which time your pettetioner In company with two of his neighbors did in a civill and Modest maner demand the Line (torn) his house and plantation with the Rent then due butt was per the said STONE obstinately denied boath on pretence your pettetioner owed him ten pounds pretended to have been per him (torn) STONE paid in Mr. WINTWORTHs store as a fine or Compensation of five years Rent (torn) for the a Forsaid Land and premises, which sum of ten pounds your pettetioner owns to have received from the said STONE in maner as afforsaid Leas was per the said STONE Rendered back in January (torn) to your pettetioner Who Readily Remitted and paid back the (torn) afforsaid sume of ten pound to the said STONE in the afforsaid store before the signing of the Letter (torn) for the one year Last past as per the Account under the Bookeepers hand your pettetioner is Ready to make appear, all which your pettetioner Repeated to the said STONE without other satisfaction then to hear him swear in a profaine and wicked maner without provocation that he would kill and Murther your pettetioner or any other person as should disturb his quiet posesion, per which arbitary Unjust demand of tenn pound made per the said STONE, yur pettetioner (torn) Conceives to have been a design to Extort the Balance of Accounts it being near (illegible) due on the Bond forcibly taken as per your pettetioners Account will appear, and som time after (torn) denyed your pettetioner per advice of som persons of Corrotuck finding the house voyd and dores open took possession of the same, and the said STONE at WINTWORTHs store on hearing therof with often Repeated oaths swore the death of your pettetioner as soon as he should get to the house and William BRAY then In company with the said STONE at the afforsaid store came Immediately on horseback to the house your pettetioner had posesed and the said STONE coming after afoot and the said BRAY with an ax forced and split open the dore without any precept or warrant for his so doing and seized your pettetioner and turned him out (torn) and ordered your pettetioner Instantly away or he would Lay him in Irons on which threat (torn) pettetioner went away Leaving him the said BRAY at the house, and soon after my departure Phillip STONE came with a great batt or staff an without notice given struck Wm. (torn) and Cripled his arme (torn) by his own words would (torn) done him further damage if his (torn) had not broak, after which he run into the house cen(torn) or took (torn)den gun which your pettetioner while he had possession of the house had taken the pins out fearing if he forcable Enter (torn) might make some Ill (torn) and snaped the said gun at the Body of Johanah PARKER and finding him selfe disapoynted (torn) his guns firing he beat hur with the Butt end to that degree as Confined hur abedd for severall days, and afterward Inquired for your Pettetioner Exspresing (torn)ble for his departure swearing he was Resolved to have Killed him if possible he (torn)ld and the next day at court did publicquely in a grevious maner beat andd by words abuse your pettetioner and continues yet to threaten your pettetioner and often publicquely swears he was never so grieved as at his not Killing your pettetioner and his guns not firing at the woman and is Commonly observed and Known to walk with a gun or staff, all which has per your pettetioner and seaverall others been complained of to the Shreife whose prisoner he is without any Redress the Shreif Contrary to the order of the Honorable Richd. SANDERSON Esquire and for Reason to your pettetioner unknown seems rather to Indulge then Restreyn his arbitrary abusfull actions, the said STONE doth also affirm that he hath Entred a cavett for the Escheat of the Land he now forably holds, which Land your pettetioner first heild per Right of dower as Marring the Widdow and Relict of Richd. HARRIS deceased who was the first patentee, and since hath been per John BENNITT Extended fo(torn) as the only proper Estat of the said HARRIS in Right of which Extent (torn) pettetioner hath also purchased for the sume of seaventeen pound as by Receipt will appear, do therfor Humbly move your and beg your Honor would stop the Curr(torn) of his unjust proceeding against your pettetioners Land, and also beg he may be (torn) civell behaviour as your pettetioner may without fear or danger fo(torn) his Lawfull Impliments and your pettetioner as In duty bond shall Ever pray etc.
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 Brickhouse. No 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.
© 2007 Kay Midgett Sheppard