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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)
Tuesday the 25th of March 1707 - Mary CECOW by Thomas SNODEN her Majesties Attorney Generall comes by Thomas SNODEN her Majesties Attorney Generall and Desires this Court to be informed and understand that Argyle SIMONS not having the fear of God before his Eyes but being wholly moved by and thro the Instigation of the Devill did on or about the Month of November last past Sorely beat and abuse the Said Mary CECOW Soe that She Despaired of her life etc. And the Said Argyle SYMONS comes and Confesses the Fact and leaves himself to the Mercy of this Honorable Cort. Ordered that the Said Argyle SYMONS pay all Charges that is accrued by meanes thereof and that he give Bond with Good Security for his appearance att the next Cort and in the Mean time to be of the Good behavior.
The Grand Jury presented Winifrid MORRIS for having a Basterd Child borne of her Body. Thomas SNODEN her Majesties Attorney Generall pray Judgment against Winifrid MORRIS upon breach of the Act Entituled and Act against Fornication and Adultery And the said Winifrid MORRIS att the Barr Accknowledges her Self to be Guilty of having a Basterd Child borne of her body and throws her Self upon the Mercy of this Honorable Cort. Ordered that the Said Winifrid MORRIS be punished by receiving Twenty one Stripes on her bare Back or pay fifty Shillings with Costs. Jno. JONES Accknowledges in the Sume of Twenty pounds Sterling by way of Recognizance With Condition that the Said Winifrid MORRIS appear att the next Cort and in the mean time to be of Good Behavior towards all her Majesties Liege people.
Fryday the 28th day of March 1707 - John HODGSON by Thomas SNODEN his Attorney comes to prosecute his Sute against John BENNETT in a plea of the case and Complains that the Defendant Stands indebted to the plaintiff in the full and just Sume of Fourty pounds which Said Sume of Fourty pounds the Defendant did faithfully promise and assume to pay unto the plaintiff in Consideration of a Marriage which was had and Solemnized betwixt the plaintiff and the Defendants Daughter Mary Sometime in October in the year 1705 etc. And the Defendant in his proper person comes and Defends the force and Injury when etc. and Saith that whereof the Said plaintiff Declareth that this Defendant Stands justly indebted to the Same plaintiff in the full and just Sume of Fourty pounds upon Consideration of a Marriage had and Solemnized between the Said plaintiff and the Said Defendants Daughter Mary Sometime in October in the year 1705 which the Said Defendant sweireth that the Said plaintiff never was Married in October of the year 1705 to any Daughter of the Said Defendants neither hath the Said plaintiff any wife that is a Daughter of the Said Defendants neither Did this Defendant in October in the year 1705 nor att any other time faithfully promise and assume to pay unto the Said plaintiff fourty pounds upon the Consideration of any Marriage whatsoever neither did the Said plaintiff Ever Demand the aforesaid Sume nor any other Sume upon any such Account as is aforementioned etc. and for tryall putts himselfe upon the country and the plaintiff by Thomas SNODEN his Attorney likewise. Wherefore it’s Commanded the Marshall that he cause to come Twelve etc. who etc. by whom etc. And there came to witt Mr. Robert LOWRY Mr. John WILLOUGHBY Mr. Saml. PAINE Mr. James MORGAN Mr. Thomas SNODEN Mr. Thomas TOWERS Mr. John CLARKE Mr. Matthew WINN Mr. Henry BONNER Mr. Robert MORGAN Mr. John CLARKE Mr. Robert KEEL who Sworne Say we of the jury find for the Defendant. Ordered that the Sute be dismissed and that the plaintiff pay Costs alias Execution.
To all People unto Whome These Presents shall Come Joshua LAMB of Roxbury in the court of Suffolk in New England Gentleman Son of Joshua LAMB late of Roxbury aforesaid merchant Deceased sendeth Greeting. Know Yee that that I the said Joshua LAMB for and In consideration of the sume of forty pounds Currant Money of New England to me in hand paid at and before the Ensealing and Delivery of these presents well and truly paid or secured to be paid by Robert SANDERS of Boston in the County of Suffok aforesaid Mariner the Receipts whereof the full Content and Satisfaction I doe hereby acknowledge have given granted Bargain’d and sold Aliend Enfeafed Conveyd and Confirm’d And by these presents do full freely And absolutely give grant Bargain Sell Alien Enfeafe Convey and Confirm unto the Said Robert SANDERS one full quarter or fourth part of the Whole Island of Ronoake scituate and being in the County of Albemarle In the Province of Carolina together with one quarter or fourth part of what is thereon standing growing or being with all housing out houses Edifices and Buildings and fences there unto belonging as also one fourth part or quarter of all Catle hoggs And stock upon the Said Island And to me belonging or Appertaining and all Rights profits previleges Advantages (torn) And Appurtences whatsoever to the quarter or fourth parts of the said Island of Ronoake belonging in any wise appertaining (torn) the Reversion or Reversions (torn) and remaynd There of and also all the (torn) Right title Interest Inheritance use possession propertie Clame and Demand whatsoever of which the same Joshua LAMB of in and to the same to have and to hold the said Quarter or fourth parts of the said Island and premises with the Appurtences unto the said Robert SANDERS his heirs And Assignes to his land their owne sole And proper use and Benufitt and behoofe for ever And I the Said Joshua LAMB do (illegible) (torn)uch my selfe at the time of (torn) Deliver of these presents to be the onely true Sole and Lawful owner of all the above granted and bargained premises and that I am Lawfully seised thereof in my owne proper rights of a good perfect absolute Indefeasable Estate of Inheritance in fee simple Having in my selfe full power good Right and Lawfull Authority to grant Bargain Sell and assure the same unto the said RobertT SANDERS his heirs and assignes In Manner and form as aforesaid and That the said Robert SANDERS his heirs or assignes shall and may by force and virtue of these present at all times for ever hereafter enter into and upon hold (torn) to occupy (illegible) and Enjoy all and singular the above granted and Bargained premises with the appurtences free and Clear and Clearly acquit Exonerated and discharged of and from all and all manner of former and other gifts grants Bargains sailes Mortgages Joyntures Dowers Entailes wills Judgments Executions Claims Damages and Demands Whatsoever In Wittness whereof I have hereunto set my hand and seale the nineteenth day of November Anno Domini 1706. /s/ Joshua LAMB
23 day of July 1707 -
Crown vs. REED and BRAY
North Carolina SS. To the Honorable the Generall Court. Margarett McBRIDE widow by Thomas SNODEN Esqr. Her Majesties Attorney Generall desires this honorable court to understand and be informed that Wm. REED and Wm. BRAY of this Province not having the fear of God before their Eyes but being led away by the Instigation of the Devill On or about the 22th Day of May anno Domini 1707 att the now Dwelling house of Cornelias JONES in the precinct of pascotanke in this Government did make an Assault on the said Complainant and Severall Injuryes insolencies and abuses upon her did Comitt to her Griveous Damage against the peace of ur Soveraigne Lady the Queene her Crowne and Dignity and Contrary to the force of Severall Statutes in such Cases made and provided. We of the Jurrey findth for the defendent.
No. Carolina Ss. Wm. GLOVER Esqr. President of the Councell and Commander in Chief etc. To the Worshipfull the Justices of the peace of the precinct of Corratuck or to any of them Greeting. Whereas Mrs. Margaret McBRIDE hath made Grevious Complaint before me that Wm. REED Wm. BRAY Wm. RUSSELL on or about the 22d day of May Anno 1707 at the now dwelling house of Cornelius JONES in the precinct of pascotanke did make an Assault upon the complainant and Severall Injuryes Insolencyes (torn) abuses upon her did Comitt against the peace of ur Soveraigne Lady the Queene that now is and for which Shee hath (torn) earnestly prayed releife. These are therefore in her Majestyes name to require you or any of you to whome these presents shall Come that Imeadiatly upon Sight or recipt thereof you Compell the aforesaid Wm. REED Wm. BRAY and Wm. RUSSELL to appeare before you without delay then and there Severally to Enter into Recognizance with two Sufficient Securityes in the Sume of Twenty pounds and the Securityes in the Sume of tenn pounds apiece with Condition that they Severally make their appeareance at the next Generall Court then and there to Answer the said Complaint and that in the meane tyme they be of their good abearance towards her Majestye and all her Leidge people especially towards the aforesaid Margarett McBRIDE And if in Case they or either of them shall refuse soe to doe that then you for with Cause them soe refuseing to be Conveyed to her Majestyes Goale there to remaine without Baile or Mainprise until thence delivered by due Course of Law And you shall Certify your proceedings herein under your hands and Seales to the next Generall Court together with this writt Dated the 10th day of July Anno Domini 1707 And in the Sixth yeare of the raigne of our Soveraigne Lady Anne by the Grace of God Queen of Great Britaine etc. /s/ W. GLOVER
Wheras a Writt of suplicavit Granted by the Honorable the president dated the 10th Instant July directed for Execution to the Justices of the peace of the precient of Corrotuck or any of them, the same coming to my hand the 18th said month, did in obedience therto forthwith Issue warrant Requiring the constable to attatch to the bodies of Mr.William REED Mr. William BRAY and Mr. William RUSSELL and them to Cause to appear befor me, by virtue and force of which the constable on the day of the date herof Caused Mr. William REED and Mr. William BRAY personall to appear before me, whome I have Caused seaverally to Enter Into recongnizences with two sufficient surties in the sume of twenty pound Each and the surties in the sume of ten pounds apiece with condition that said REED and BRAY make their appearance at next Generall Court to answer such Complaints as shall be by Mrs. Margarett McBRIDE Exhibitted against them and also to be of good behaviour and abeareance towards hur Majestie and all hur good subjects and Leedge people, as by Recognizence her with sent will more at Large appear Given under my hand and seal this 23d day of July 1707. /s/ Wm. SWANN
Know all men by these presents that we William REED Thomas TAYLER and Benjamine TULLE are heild and firmly bound unto our Soveraigne Lady the Queene Ann by the grace of god of England etc. Queen in the full and Just sume of forty pound sterling and William REED being bound in twenty pound of the aforesaid sume and Thomas TAYLER and Benjamine TULL Each of them ten pounds apeace to which payment of the afforsaid sumes of money we the parties above named do bind us our heirs Executors administrators firmly by these presents in witness wherof we the parties above named have herunto put our hands and seals this 23d day of July 1707. The condition of this obligation is such that if the above bound William REED shall appear at the next Generall Court and there to answer such Complaines as shall by Mrs. Margrett MACKBRIDE be Exhibitted against him and also be of good behaviour and good abaring toward hur Majestie and all other hur Majesties good subjects and Leedge people but more especially towards the person of Mrs. Margt. MACKBRIDE then this obligation to be voyd Else to Remaine in full force and virtue. /s/ William REED, Thomas TAYLER, Ben. TULLE
I the Subscriber doe as in the presence of God the Wittness of the truth and under the penalty of perjury declare that what I Shall Say in the Matter now att Issue between our Soveraigne Lady the Queene plaintiff and Wm. REED and Wm. BRAY Shall bee the truth The whole Truth and nothing but the truth. /s/ Elisabeth STONE
July 30th 1707 - Thomas SNODEN Esqr. Her Majesties Attorney Generall and prosecutor for (illegible) Desires this Cort to understand and be informed that whereas in and by an Act of Assembly Entituled private Burialls prohibited as is Enacted on these Words videlicet Whereas the private Burialls of Servants and other persons may give (illegible) of Much Scandall (torn) of being guilty of their Deaths from which of the persons be in Recent which are Suspected there (illegible) and if guilty noe punishment by reason they are the most part Buried without the Knowledge or venire of any other than Such of the Family as by (illegible) of Relation husband Wife or Child are (illegible) or Servants are Fearfull to make Discovery if Murder were committed for prevention whereof as alsoe for takeing away of that barbarous custom of Burying the Bodys of the Dead in Comon and Unfenced places to the prey of Hoggs or other Vermine Be it Enacted by the palatine and Lords proprietors by and with the advice of this present Grand Assembly and the Authority thereof and its hereby Enacted that there be in Every plantation a place Sett (torn) for burral of Such as Dye upon the plantation and before the Corps be buried there be att least Three or four of the Neighbourhood called who may in Case of Suspicion view the Corps and have Suspicon yet according to the Decent Custom of (illegible) they may accompany the Corps to the Grave (NOTE: This case is about the burial of an orphan boy named John Deal who was buried against the above parameters set by the Act of Assembly and not a Currituck Case. This was copied as a point of insight into our so called “family cemeteries”.)
Date undetermined -
FEWOX vs. BRAY
North Carolina Ss. To the Honorable the Generall Court. The Humble petition of James FEWOX humbly complaining Sheweth unto your Honors That whereas your petitioner in July Court Anno 1704 by petition to this Honorable Court Shewing that by an order of Court past the 25th day of October 1703 the provost Marshall was ordered to take the Estate of Thomas BOUCHEIR deceased into his possession till otherwise ordered by due Course of Law And Likewise Shewes that the Said BOUCHEIRs Estate was Indebted to him in the Summe of Seaventeen pounds Six Shillings and that by virtue of the aforesaid order Willm. BRAY Marshall of Coratuck Seized the Said BOUCHEIRs Estate and the Same hath Confiscated and disposed of contrary to Law and it was ordered that the Said bray Should make his Appeareance at the next Generall Coart to be held for this province to Answare the said (torn) FEWOXs Complaint Nevertheless the Said (torn) not appeared not made Answare thereunto Since the Said order. Wherefore your petitioner humbly prayes that he may be admitted to prove his Account before your honors and that your honors will grant him an order against the Said BRAY for the Same and Shall pray etc. /s/ James FEWOX
North Carolina ss To the Honorable Governor and Councill etc. The humble Petition of John EVANS most humbly Sheweth that your petitioner is an Inhabitant of Coratuck in this Government and that Sometime in October last being upon the Road in the Same precinct and in the Peace of our Soveraigne Lady the Queen was forcibly Sett upon by Phillip STONE of the Said precinct and was then and there Robbed by the said STONE of a Bill of Eighteen pounds payable from the said STONE to your Petitioner who prayes to be relieved by your Honors the premises Consider’d And he shall pray etc. /s/ John EVANS
Sworne to by John EVANS the 2d Day of November before the Grand Councell. Per Tho. SNODEN Clericus Curiae
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