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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)
and
 Princess Anne Co., VA Order Books

1706

Court on 4 Jan. 1706/7 - Richd SANDrSON of Corotuck Suing Jno WOODHOUSE & Richd JARVICE Likwise & ye attny Refusing to ____ Costs & Damages according to Law if cast?  It is therefore ordrd ye sd suit be Dismt[Source:  Princess Anne Co., VA Order Bk. 1; Part 2; pg. 455 - Submitted and transcribed by Mike Schoettle]

Wednesday May 8th 1706 - Dr. James FEILLETT comes to prosecute his Suite against Benj. TULL in a plea of the case and Complaines for two pounds and the Defendant Came not and the plaintiff prayes an order against the Marshall which is Granted. And Mr. Thos. BOYD. Provost Marhsall Comes and prayes an Attachment against the Estate of the Said TULL which is Granted.

Dr. James FEILLETT Comes to prosecute his Suite against Wm. JENINGS in a plea of the Case and Complaines that the Defendant Stands Indebted to the plaintiff in the summe of four pounds Ten Shillings for Medicines Phissick vissitts and Attendance administred and done to and upon the Said Defendant Afflicted with the Country desease as by Agreement with the said Defendant and wayes and meanes Convenient the plaintiff is ready to made appeare etc. to the plaintiffs Damage Nine pounds Sterling and thereupon he brings his Suite etc. And the Defendant in proper person Comes and defends the force and Injury when etc. and for plea Saith that the plaintiff did an agreement make to and with the Defendant that he the plantiff would make an absolute Cure of the distemper the Defendant was afflicted with and saith that the aforesaid agreement he the plaintiff hath not performed and this he is ready to Averr And of this he puts him Selfe upon the Country and the plaintiff in like manner. Whereupon the Marshall was Comanded to Cause to Come Twelve etc. who neither etc. by whome etc. and there Came Mr. Rob. WALLIS Mr. Rob. HARRISON Mr. Danll. RICE Mr. Thos. COLLINS Mr. Richd. HORTON Mr. Thos. BARCLIFFE Mr. Jno. STEPNEY Mr. Rob. KEELE Mr. Richd. SMYTH Mr. James BEARD Mr. Wm. WHITE Mr. Jno. SAWYER, Who being Sworne and Impannelled Say. Wee of the Jury find for the Defendant. Ordered that the suite be dismissed and the plaintiff pay Costs alias Execution.

Thursday May 9, 1706 - James FEILLETT Dr. Medicine Comes to prosecute his Suite against Jno. JENINGS Defendant in a Plea of the case and complaines that the Defendant Stands Indebted to the plaintiff in the Summe of Twenty one pounds five Shillings by Account for Divers Medicines Phissick Dressings and Attendings administred to and upon the Defendants Daughter Dorathy at the Special Instance and request of the Defendant as by wayes and meanes Convenient the plaintiff is ready to make appeare Nevertheless the Defendant the said Summe of Twenty one pounds Five Shillings the Defendant hath not rendred to the plaintiff etc. to the plaintiffs Damage Forty two pounds tenn Shillings Sterling and thereupon he brings his Suite etc. And the Defendant Comes by Thomas SNODEN his Attorney and Defends the force and Injury when etc. And for plea Saith that he the Defendant hath well and truely paid and Satisfyed unto the plaintiff the full and Just Summe of Four pounds and Tenn Shillings for Medicines Phissick Dressing and Attending administred to and upon the Defendants Daughter in mannor as in the plaintiffs Declaration is Exprest And further the defendant to the plaintiff is not Indebted And this he is ready to Averr and of this he Putts himselfe upon the country and the plaintiff likewise. Whereupon the Marshall was commanded to Cause to Come twelve etc. to whome etc. who neither etc. by whome etc. and there Came Mr. Robert WALLIS Mr. Rob. HARRISON Mr. Daniell RICE Mr. Tho. COLLINS Mr. Rich. HORTON Mr. Tho. BARCLIFFE Mr. Jno. STEPNEY Mr. Robert KEEL Mr. James BEARD Mr. Wm. WHITE Mr. Tho. ARNOLD Mr. Jno. WINBURY who being Swoarne and Impannelld Say Wee of the Jury find for the plaintiff Fifty Shillings besides the Defendants Account allow’d.  Ordered that the Defendant pay unto the plaintiff the Said Sume of fifty Shillings besides the defendants Account of four pounds ten Shillings with Costs alias Execution.

May the 30th 1706 - Taken in hand John JENNINGS Daughter Dorothey afflicted with malignous Sores and cachoetes (ulcers) in her right arme and Legg to the number of about thirty or fourthy, two in her arme to the bigness of 8 or 9 inches in Square, one in her legg about one foot Squarre the rest of less bigness; the said Dorothey having been afflicted maney years ago of the countrey disease with contractura in the tree great articles of her arme and her knee, with an entire deperdition of use and motion of those parts; moreover attended with considerably athrophy, Cakexia and Jeteritia; unto whom I have in the name of God administred and applied both inward and outward Medicines, being Employed by her father; and Keept under my Cure the Said Dorothey JENNINGS with dayly dressing and attending, as much as it was possible, Sometimes twice a day with bathing fomenting, Phagedenicq waters, Compound ointments, Chymicall and Galenical remedies, Salves and ointments and powders until the 29th of August fallowing; in which time I brought the Said Dorothey's Arme to the last period of its Cure; and I had performed with the Almighty blessing the cure of her, had not She by her unruliness, and unwillingness to follow my prescriptions, and to take inward Medicine, Stopt, and hindered the entire cure of her disease. [A list of medicines and prices follows]  We of the Jurey find for the plantif fiftey shillins besides the defendants Account allowed.

Court on 3 July 1706 - Richard SANDERSON of Coratuck etc. vs Jno WOODHOUSE } is ordd to be Referred by consent to ye next court.
Richard JARVIS etc. vs __________  [Source:  Princess Anne Co., VA Order Bk. 1; Part 2; pg. 443 - Submitted and transcribed by Mike Schoettle]

Thursday August 29 1706 - Emanuel LOWE Esqr. Attorney of John ARCHDALE Esqr. Comes by Edward BONWICK his Attorney to prosecute his sute against George WILSON in a plea of Trespass and Declares that Whereas the said Geo. WILSON in the Month of December Anno Domini 1705 with force and Armes did come into and upon a Certaine Tract of Land of the Said ARCHDALEs called Colleton Island in the precinct of Coratuck within the Jurisdiction of this Court and then and there Cutt Down and carried away the Cedar Trees of the said ARCHDALE there lately Growing to the value of Twenty pounds Sterling and other etc. And the Marshall having returned a Non Est Inventus att the prayer of the plaintiff Ordered that Attachment issue out against the Defendants Estate.

Sept 1706 - North Carolina Ss.  To the provost Marshsall or his Deputy.  These are in her Majestyes name to will and require you to Attach Soe much of the Estate of George WILSON wherever to be found in this Government as will pay and Satisfy Emanuell LOWE Esqr. Attorney of the honorable Jno. ARCHDALE Esqr. In the full Sume of Twenty Pounds Sterling with Costs and the Same in Safe Custody keep until otherwise ordered by due Course of Law and make returne of your proceedings herein to the next Generall Court Dated at the Secretarys Office this 17th day of September Anno Domini 1706.

Oct. 10th 1706 - No. Carolina Ss.   To the honorable the Generall Court etc.  Joseph WICKER Assignee of James CROSS is plaintiff against Jno. SMYTH late of the precinct of pascotanke Defendant in a plea of Debt and Sayes that the Defendant Stands Justly Indebted to the plaintiff qualified as aforesaid in the full and Just Summe of Thirty one pounds Sterling payable in porke Tobacco Hides or Tallow at the Markett price of Corratuck to be paid and Delivered at the Landing or Storehouse of Mr. Joseph CHASE and company in the precinct of Corratuck as in and by one Certaine writeing obligatory under the proper hand and Seale of the Defendant beareing Date the 30th of Augt. 1705 and here into Court brought relation being thereunto had doth and may more fully and at large appeare Nevertheless the Said Defendant the Said Summe of Thirty one pounds in manner aforesaid to the plaintiff hath not rendred tho’ often there unto requested but the same doth Still refuse to render to the plaintiffs Damage Sixty two pounds Sterling and thereupon he brings this Suite and prayes Judgement for the Same with Costs of Suite and Shall pray etc.

15th Octo. 1706 - No. Carolina Ss.   To the provost Marshall or his Deputy.  These are in her Matyes name to will and require you to Arrest the body of Jno. SMYTH late of the precinct of pascotanke and him Safely hold Soe that he be and appeare at the next Generall Court to be holden at the house of Capt. Jno. HECKLEFIELD in Litle river on the last Tuesday in this Instant Octob. Then and there to Answer the plaint of Joseph WICKER Assignee of James CROSS in a plea of Debt and have you there this writt Dated at the Secretarys Office the 15th day of Octo. Anno. Domini 1706.

Wednesday October 30th 1706 - Emanuell LOWE Comes by Edwd. BONWICK his Attorney to prosecute his Attachment from the last Court against Geo. WILSON for 20 Pounds and a Nulla Bona being returned thereon the plaintiff prayes the former Judgement may be Continued which is Granted.

Joseph WICKER Assignee of James CROSS Comes by Thos. SNODEN his Attorney to prosecute his Suite against Jno. SMYTH in a plea of Debt and Sayes that the Defendant Standes Justly indebted to the plaintiff quallifyed as aforesaid in the Full and Just Summe of thirty one pounds Sterling payable in porke tobacco Hides or Tallow at the Markett price of Corratuck as in and by a Certaine writeing obligatory under the proper hand and Seale of the defendant beareing date the 30th of Augt. 1705: hereinto Court brought doth and may appeare Nevertheless etc. and the defendant by Edwd BONWICK his Attorney Comes and pleads non est factum and the plaintiff for want of his evidences prayes a reference to the next Court which is Granted and then the denfendant Comes and Craves Leave to recall his former plea and Confesses Judgement for three pounds Fourteen Shillings and four pence being the balance of said bond according to Specialty.  Ordered that the said SMYTH pay unto the said WYCKER the aforesaid Summe of three pounds Fourteen Shillings and four pence according to Specialty with Costs alias Execution.

North Carolina Generall court SS.  George WILSON was attached to answer Emanuell LOW Esqr. Attorney of the Honorable J. ARCHDALE Esqr. Of a Plea of Trespass.  And whereupon the said Emanuell by Edward BONWICKE his Attorney complaines That whereas the said George WILSON in the Month of December Anno Domini 1705 with force and armes Did come into and upon a certain Tract of Land of the said ARCHDALE called Colleton Island in the Precinct of Corratuck with in the Jurisdiction of this Court and then and there cutt downe and carried away The Cedar trees of the said ARCHDALE (Emanuell written and lined out) well there lately growing to the value of Twenty pounds Sterling and other harmes to the said Emanuell he did to the great damage of the said Emanuell and against the peace of our Lady the Queen that now is Whereupon he saith he is damnified and hath damage to the value of 40 Pounds Sterling and thereupon he brings his Suite and prays Judgement for the Same with Costs of Suite and Shall 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 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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