to appear here the 3 day of the next Gen" Court with which he is Con tent. Jam ffleming being calld to answer a Presentm of y Grand Jury in July Court last the s fleming being since Dead the same is Dismist. Wm Alexander being calld to answer an Indictment found agst him by the Grand Jury appeard & Exhibited into Court a Peticon & Order of Council in these words Att a Council held at the House of Wm Badham March the 30th 1721 Present The Honble Charles Eden Esq' Govern ffrancis ffoster Wm Reed Richard Sanderson Jn° Lovick } Esq' Deptys Read the Peticon of Wm Alexander setting forth that he being a person very ignorant in any Legal proceedings through the overpersuasion of Mr Damaris Sanderson Deed he undertook to write the Will of Richard Sanderson Esq husband to the sd Damaris now Deed also. And being ignorant of the consequence of such matters did by her Order putt several things into the Will without any Orders from the s Rich Sanderson not then considering but yt her Orders were sufficient for his so doing. Butt upon the wills being disputed and being thoroughly Informd of the Injurys yt might ensue by the wills taking place contrary to the mind of the Testator did Voluntarily upon Oath before the Hon the Govern' & Coll" Thomas Pollock Declare every thing he knew of that matter who encouraged him thereto & were well satisfyed with such his Proceedings having entirely prevented any damage yt the s Will might make. Notwithstanding which in July Generall Court your Petit' was presented by the Grand Jury for forgery and he is now under Prosecution for yo same the premises Considered & since his Hon' the Govern' very well knows the truth of what the Petitioner setts forth & the Petit' would not have been Prosecuted had it not been by the Petit" own Confession he humbly hopes your Hon" will consider the same & Grant him a Nol prosequi for the offence afs so Ignorantly Committed & your Hon" humble Petit' shall for ever pray &c And ye Board taking the same into their serious consideration are of opinion y what the said Alexander did in Relation to the Will af was intirely through Ignorance & yt he is deserving of Compasion & Mercy It is therefore Orderd that the Attorn' Gen" do Enter a Noli Prosequi in behalf of the Petitioner & that the Petition' wait on the Chief Justice and Atty Gen" with this Order. A Copy J. LOVICK Sect Upon which the Attorney Gen" movd y'a Noli Prosequi might be Entred. But the Court take time till the next to advise whether the same be Granted or not may Dan" Richardson Esq Attorney Gen" came to prosecute an Indictm* found by the Grand Jury agst Rob' Barnes & John Price for conveying away Charles Wilks to evade a Prosecution for for living in open Adultery. To which Indictm' they pleaded Not Guilty. It was comanded the Marsh" yt he cause to come twelve &c by whom &c who neither &c And there came Henry Bonner ffra Branch Jn° Pettiver Wm Coward, Sam" Woodard, Edward Wingate, Jn Arthur, Jno Harlo, Tho Roper, Wm Charleton Aaron Oliver Wm ffryley who being sworn say Not Guilty And the Attorney Gen" having nothing farther to charge them with Orderd yt the same be Dismist Robert Attkins & Dan" McDaniel failing to appear last Court according to their Recognizance a sci fac was granted agst the same. No Execution thereof being returnd Orded yt another sci fac. do issue agst the same Recognizance Dan" Richardson Esq' came to present an Indictm' found by the Grand Jury last Court agst Caleb Stevins. To which Indictm the s Stevins Pleads Not Guilty It is comanded the Marshall that he cause to Come twelve &c by whom &c. who neither &c. And there came Henry Bonner ffran Branch, Ju° Pettiver, WTM-Coward, Sam" Woodard, Edwd Wingate, Jn° Arthur, Jn Harlo, Thos. Roper, Wm Charleton, Aaron Oliver, Wm ffryley who being sworn say Not Guilty And the Attorney Gen" not having farther wherewith to charge the s Stevins, Orderd that the same be Dismist. Francis Branch appears according to his Recog: to answer to an Indictm* found agst him by the Grand Jury for Retailing Liquor without Licence and there appearing no evidence agst him Orderd that y° same be Dismist Dan" Richardson Esq Attorney Gen" came to Prosecute an Indictm* found by the Grand Jury last Court agst Wm Braswell for abusing a Constable in the Execution of his Office. To which he Pleaded Guilty It is considered & adjudged by the Court that the s Braswell be Amerced the sum of three pounds & enter into Recog for his good behavior six months Whereupon the sd Wm Braswell acknowledged himself to be indebted to our Sovereign Lord the King in the sum of Ten Pounds to be Levyed upon his lands & Tenemts, goods & Chattells with Condition that he well behave himself towards his Majesty and all his Leige People for six months from hence coming then the above Recognizance to be void else to remain in full force Dan" Richardson Esq came to Prosecute an Indictm' found by the Grand Jury last Court agst Thomas Stoneham for abusing a Constable in the Execution of his office. To which he pleaded Guilty. It is Considered by the Court that the said Stoneham be Amerced the sum of twenty shillings & Enter into Recog: for his good behaviour three months. Whereupon the s Tho" Stoneham acknowledged himself to be indebted to our Sovereign Lord the King in the sum of Ten Pounds to be Levyed upon his Lands & Tenemt goods & Chattells with Condition that he well behave himself towards his Majty & all his Leige People for three months from hence coming then the above Recognizance to be void else to remain in full force. James McDaniel being Comitted into the Marshalls Custody on Suspicion of ffelony & having broke out of Gaol & made his Escape out of the Governm the Marshall Informd the Court that he had pursued him by Hue & Cry to the uttmost Limitts of the Governmt & that he could not be taken within the same Orderd that the cause be dismist. Alice Billett being bound by Recog: to appear at this Court to answer for a forceable entry made by her on the Plantation of Mary West of Pasquotank Precinct Widow appeard It is Orderd yt the Inquisition taken & sent to y" Court by Jn° Palin Esq' be Transmitted to him again for the Assessing of her fine Dan" Richardson Esq Attorney Gen" came to Prosecute an Indictm* found by the Grand Jury last Court against Jeremiah Vail for abusing John Blount Esq' a Member of this Court To which Indictment he Pleaded Not Guilty It was then Comanded the Marshall yt he cause to come twelve & by whom & who neither & And there came Henry Bonner ffra Branch Jn° Pettiver, Wm Coward, Sam" Woodard, Edwd Wingate Jn Arthur, Jn° Hart, Thos Roper, Wm Charleton Aaron Oliver, Wm ffryley who were Impannelld & sworn. And the fforeman having Deliverd to Tho Miller one of the Justices of this Court a blank Paper & Not Superscribd which s paper being Deliverd by the fforeman only whilst the Court was Adjourned for a time. The Court are of Opinion that the same shall not be receivd as a Verdict Upon motion of the Attorney Gen" Orderd that the sd Jer: Vail do Enter into Recog: for his appearance &c. the 3a day of the next Gen" Court to answer the sd Indictmt Whereupon the s Jer: Vail acknowledged himself to be indebted to our Sovereign Lord the King in the sum of twenty pounds to be Levyed upon his Lands & Tenemts Goods & Chattells with Condition that he appear the 3 day of the next Gen" Court & Answer to the said Indictm and not Depart the Court untill Discharged therefrom, And that in the mean time he be of his good behaviour then the above Recog: to be Void else to be & remain in full force Cha Wilks being calld to answer to an Indictmt found agst him by the Grand Jury faild to appear last Court & now also failing to appear Orderd y farther Process do issue agt him for his appearance here the 3a day of the next Gen" Court Mary Brinn being calld to answer an Indictmt found agst her by the Grand Jury for keeping Company with Cha Wilks &c. faild to appear last Court & now also failing to appear. Ordered that farther process do do issue against her for Appearance here the 3a day of the next Gen" Court. Abraham Spivey being calld to answer to an Indictm found agst him by the Grand Jury for Hoggstealing Appeard & Pleaded Not Guilty. The Tryall thereof is referred till the 3a day of the next Gen" Court. Thomas Spivey being calld Appeared according to his Recog: to answer to an indictm found agst him by the Grand Jury. To which he Pleaded Not Guilty. The Tryall thereof is referd till the 3a day of the next Gen" Court. Benj. Spivey being calld appeard according to his Recog: to answer to an Indictm* found agst him by the Grand Jury for Hoggstealing To which he pleaded Not Guilty the Tryall thereof is referrd to the 3a day of the next Gen" Court Jacob Spivey being calld appeard according to his Recogniz: to answer to an Indictm found agst him by the Grand Jury for Hoggstealing. To which he pleaded Not Guilty the Tryall thereof is referrd till the 3a day of the next Gen" Court Adjourned to the next Court in Course NORTH CAROLINA-SS. FFRED. JONES Ch: Just. Att a Gen" Court of Oyer & Terminer Continud & held for the så Province at the Gen" Court House at Queen Ann's Creek in Chowan Precinct the 27th July 1721 Prest the Honble ffred Jones Esq' Chief Justice John Blount & Rob West Esq Justices. The Grand Jury are Impannelld & Sworn Viz. Josh Jessop fforeman Josh Wicker, Hen" Bonner, Jam Williamson, Jn° Pettiver, Wm Jones,. Sam" Spruill, Wm Stewart Sam" Pagett, Jos Spruill, Jam Ming, Jno Swain John Evans, Tho' Blitchenden, Coll. Maur. Moore, Aaron Oliver, Tho' Harding, Tho" Roundtree, Nic" Hunter, Wm Lattimer, Patr* Maule The Grand Jury Exhibit the following Bill of Indictment to the Court. To the Honble ffred Jones Esq' Cheif Justice & to the rest of the Justices for holding the Gen" Court for this Province The Jurors for our Sovereign Lord the King Present that Christopher Butler of Chowan Precinct in the County of Albemarle in the Province of North Carolina Marrin' not having the fear of God before his Eyes but being moved and seduced by the Instigation of the Devil on or about the Seventeenth day of March in the year of our Lord 1724 at Chowan afs by force & Armes &c. in and upon Mary Haughton the wife of Wm Haughton of Chowan afs in the Peace of God & our Lord the King then & there being an assault did make & the afsd Xph' Butler the afs Mary Haughton by force & Armes and Contrary to the will of the sd Mary Haughton did then & there Violently & ffelloniously Ravish And the said Mary Haughton then & there Violently and ffelloniously agst her will Carnally know, Contrary to the Peace of our Sovereign Lord the King his Crown & Dignity & Statutes in that case made & Provided &c. DAN" RICHARDSON P Duo Rege. Which Bill is returned Ignoramus. JAS. JESSOP fforeman. And the s Christoph' Butler being calld appeard & acknowledged himself himself to be indebted to our Sovereign Lord the King in the sum of ffifty Pounds and Jam Ward & Tim° Truelove in the sum of twenty five pounds each to be Levyed upon their severall lands & Tenemts Goods & Chattells with condition that the s Xph" Buttler well behave himself to all his Majes Leige people more especially to the sd Wm & Mary Haughton six months from hence coming then this Recog, to be void else to be & remain in full force. Dan" Richardson Esq Attorney Gen" came to Prosecute an Indictm* found by the Grand Jury agst Paul Palmer for a Misdemeanour. To which Indictm the sd Paul Pleaded Not Guilty |