Northumberland County Virginia USGenWeb Archives Court.....1762-1766 Pages 241-280, Court Order Book 1762 ************************************************ Copyright. All rights reserved. http://www.usgwarchives.net/copyright.htm http://www.usgwarchives.net/va/vafiles.htm ************************************************ File contributed for use in USGenWeb Archives by: Bernard Schwartz bs_sfs2@msn.com November 5, 2010, 2:09 pm Source: 1762-1766 Court Order Book Written: 1762 For HTML index and pages with easier layout, visit the Northumberland County VAGenweb page at http://genealogenie.net/northumberland/ Ordered that William Kennan pay unto John Thrift Eighty six pounds of tobo. for Two days Attendance at this Court & for coming & Returning Twelve miles once as a witness for the sd. Kennan at the Suit of John Brown Ordered that William Kennan pay unto William Harris Eighty pounds of tobo. for two days Attendance at this Court & for coming & Returning Ten miles once as a witness for the sd. Kennan at the Suit of John Brown David Galloway ......................................... Plt. ag.st In Case Richard Nutt........................................ Def t. This day came the Plt. by his attorney And thereupon came also a Jury to wit, John Heath, Barbee Davis, Benjamen Waddy, John Webb, Thomas Williams, Giles Boggess, Daniel Betts, Beverly Keeve, George Conway, David Ball Jun. Peter Haynie and John Lewis, who being Sworn well & Truly to Enquire of Damages in this Suit upon their oath do say that the Pl t. hath sustained Damage by Occasion of the Defts. Nonperformance of the Assumption in the Declaration mentioned to Nineteen pounds Nineteen Shillings & nine pence farthing. besides his Costs. Therefore it is Considered by this Court that the Pl.t. recover ag.st. the sd. Def t. and Samuel Eskridge his Security his Damages Aforesd. in form Aforesaid Assessd. And his Costs by him in this behalf Expended & the said Def t. in Mercy etc. John Kennedy ......................................... Plt. ag.st In Case William Greenwood........................................ Def t. This day came the Plt. by his attorney And thereupon came also a Jury to wit, John Christopher, Robert Clarke, Edwin Farned, William Parrot, Thomas Cotrell Isaac Haynie, James Champion, William Lansdale, Mathew Neale, Lewis Lamkin, William Thomas, and Henry Boggess, who being Sworn well & Truly to Enquire of Damages in this Suit upon their oath do say that the Pl t. hath Sustained Damage by Occasion of the Defts. Nonperformance of the Assumption in the Declaration mentioned to eight pounds four Shillings and five pence half penny. besides his Costs. Therefore it is Considered by this Court that the Pl.t. recover against the sd. Def t. and Cuthbert Elliiston his Security his Damages Aforesaid in form Aforesaid Assessd. And his Costs by him in this behalf Expended & the sd. Def t. in Mercy etc. Mungo Harvey ......................................... Plt. ag.st In Case Robert Short........................................ Def t. Dismissed, being agreed by the parties. Page 241 11 October 1763 David Galloway ......................................... Plt. ag.st In Case Caleb Hammond........................................ Def t. This day came the Plt. by his attorney And thereupon came also a Jury to wit, John Christopher, Robert Clarke, Edwin Farned, William Parrot, Thomas Cotrell Isaac Haynie, Henry Boggess, James Champion, William Lansdale, Mathew Neale, Lewis Lamkin and William Thomas, who being Sworn well & Truly to Enquire of Damages in this Suit upon their oath do say that the Pl t. hath sustained Damage by Occasion of the Defendts. Nonperformance of the Assumption in the Declaration mentioned to Twenty nine pounds two Shillings and four pence besides his Costs. Therefore it is Considered by this Court that the Pl.t. recover against the sd. Def t. his damages Aforesaid. in form Aforesaid Assessd. And his Costs by him in this behalf Expended & the said Def t. in Mercy etc. David McCullock ......................................... Plt. ag.st In Case Jane Harding........................................ Def t. This day came the Plt. by his attorney And thereupon came also a Jury to wit, John Christopher, Robert Clarke, Edwin Farned, William Parrot, Thomas Cotrell, Isaac Haynie, Henry Boggess, James Champion, William Lansdale, Mathew Neale, Lewis Lamkin and William Thomas, who being Sworn well & Truly to Enquire of Damages in this Suit upon their oath do say that the Pl t. hath Sustained Damage by Occasion of the Defts. Nonperformance of the Assumption in the Decl. mentioned to Eight pounds Eleven Shillings and seven pence half penny besides his Costs. Therefore it is Considered by this Court that the Pl.t. recover agst. the sd. Def t. his Damages Aforesaid. in form Aforesaid Assessd. And his Costs by him in this behalf Expended & the said Def t. in Mercy etc. William Jones, orphan of John Jones deced is by the court bound to George Haynie untill he arrives of the age of Twenty one years, On Consideration of which the sd. Haynie is to learn him the Trade of a Carpenter & Joyner & to to find & provide for his sd. Apprentice during the sd. Term good & sufficient Apparel, Meat, Drink, Washing & Lodging. For the due Performance of which the said George Haynie together with Samuel Eskridge his Security Acknowledgd themselves bound to the Justices now Setting & their Successors in the Penalty of 5000 lbs. of Tobacco. Page 242 11 October 1763 George Bearcraft orphan of Peter Bearcraft deced. made Choiceof William Taite Gt. for his Guardian who is approved of by the Court, he the sd. William together with Thomas Jones and Newton Keene Gent. his securities having entered into and acknowledged bond for the Estate of the sd Orphan in the Penalty of L 2000. Upon the complaint of Charles Copedge, It is order’d that the Sherriff take into his Custody the body of Thomas Ayliff and him safely keep untill he enter into bond with Sufficient Security for his good behaviour. Robert Clarke, George Harvey, Samuel Eskridge and William Eskridge or any three of them are appointed to possess William Taite Gent. with the Estate of George Bearcraft orphan of Peter Bearcraft deced. in the hands of John Meath. As Also to Settle All Accounts of the sd. Orphan & Maith & make report thereof to the Court. Ordered the court be Adjourned till the second Monday in November next. Spencer Ball At a Court Held for Northumberland County the 11th day of November 1763 Present Spencer Ball George Ball Gent Justices John Foushee Richard Hull A Deed and bond from John Webb and Winefred his Wife of the one part To Richard Walker of the other part with the Memo of the Livery of Seizen & the receipt theron Indorsed was Acknowledged by the sd. John Webb & Admitted to Record. Previous to which the said Winefred Being first privately Examined fuly relinquished her right of Dower in the premises thereby conveyed. Joseph Ball having obtained an attachment against the Estate of George Nichols who is said to be absconded that common process Cannot be Served upon him for Five pounds. And one of the Constables of this County having made return that he had attached of the sd. Nichol’s Estate One Mare Saddle & bridle. And the sd. Ball proving his demand to be Just. It is Considerd that he recover against the said Nichols the sd. Five pounds Currt. money together with his Costs by him in this behalf Expended, and it is ordered that the Sherriff make Sale of the Effects Attached according to Law and pay the produce thereof to the sd. Ball Towards discharging this Judgment Returning and Account of Such Sale to the Court. Page 243 11 November 1763 A deed from John Nutt of the one part to Richard Taylor & William Parrott of the other part with the Memo of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. John Nutt & Admitted to Record. Previous to which Winefred Nutt wife of the sd. John Nutt. being first Privately Examined freely Relinquished her right of Dower in the premises thereby conveyed. Upon the motion of Robert Woodrop. It is orderd that Execution Issue against Robert Clarke and Rodham Neale upon a bond enter’d into by the sd. Clarke & Neale for part of the Estate of the sd. Clarke taken in Execution to Satisfie a Judgment obtained agst. the said Clarke by the Aforesd. Woddrop & Restored with Costs. And that no Security be taken the Obligors having had Ten days Notice hereof according to Law. Upon the motion of Robert Woodrop. It is orderd that Execution Issue against John Cralle and Samuel Dunaway upon a bond enter’d into by the sd. Cralle & Dunaway for part of the Estate of the sd. Cralle taken in Execution to Satisfie a Judgment obtained agst. the said Cralle by the Aforesd. Woddrop & Restored with Costs. And that no Security be taken the Obligors having had Ten days Notice hereof according to Law. Upon the motion of John Tarpley. It is orderd that Execution Issue against John Blincoe and Newton Keene upon a bond enter’d into by the sd. Blincoe & Keene for part of the Estate of the sd. Blincoe taken in Execution to Satisfie a Judgment obtained agst. the said Blincoe by the Aforesd. Tarpley & Restored with Costs. And that no Security be taken the Obligors having had Ten days Notice hereof according to Law. Upon the motion of David Galloway. It is orderd that Execution Issue against William Greenwood and John Williams upon a bond enter’d into by the said Greenwood & Williams for part of the Estate of the sd. Greenwood taken in Execution to Satisfie a Judgment obtained agst. the said Greenwood by the Aforesaid Galloway & Restored with Costs. And that no Security be taken the Obligors having had Ten days Notice hereof according to Law. Ellis Gill Junr. Orphan of Ellis Gill deced made Choice of John Wornum for his Guardian who is Approved of by the court. he the sd. John together with John Blackwell and Thomas Wornum his Securities having enter’d into & Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L 1500. An Inventory and Appraisment of the Estate of John Smith deced was this day returned and orderd to be Recorded. Page 244 11 November 1763 The State of the Levy of this County as it was Laid & Assessed by the Court The County Dr. Cash Tobo. To Mr. Secretary Nelson by Account 135 to Walter Jameson Gent. as Kings Attorney 1500 To Thomas Gaskins Gent. Sheriff for Public Services 1230 To Thomas Jones. Clerk for Public Services & Call’d Courts 1810 To Newton Keene Gent. Coroner by Account 120 To John Foushee Gent. Coroner by Account 989 To Collin Campbell Gent. Coroner by Account 165 To John Williams by account 1..7..68 1300 To James Knott Constable....................................................... 244 To Neddy Barnes..Do. 311 To Isaac Haynie Goaler by Account 3405 To George Gibson Constable................................................... 339 To Rodham Kenner Gent. by Account ...4.... To Richard Thompson by Account ...15.. To Spencer Hill Constable....................................................... 236 To William Bailey late under Sherriff by Account 1..6.. 310 To George Kesterson Constable 375 To Samuel Garlington Do. 498 To Jesse Baysie Do. 295 To John Edmunds by Account.................................................. 96 To John Morrison Constable 319 To Henry Christopher by Account 75 To James Craine by Account 1850 To the Sherriff for Collection etc.............................................. 1215 L 3..12..6 16,817 The County Cr. By Thomas Gaskins Gent. 1464 By the Coan Inspectors.......L 9..17..4 By the Wicoco: Inspectors.... 7..19.. By the Indian Creek..Do.... 4..8..10 22..5....2 By part of yd Cash to Wit.....18..12..8..Sold to Spencer Corbell ?? 3200 By 2636 Tithables @ 5 lb. Tobo per poll............................. 13,180 17,844 Leaving A Balln in the Sherriffs hands...................of............... 1,027 3..12..6 16817 It is ordered that the Sherriff Collect from Each Tithable person in this County five pounds of Tobo. And in Case of Refusal, the Levy the same by Districts. And pay it to the Several Claimers as is to them Respectively Apportioned. Page 245 11 November 1763 John Williams, John Blackwell, John Corbell and Thomas Airs or any three of them are appointed to possess John Wornum with the Estate of Ellis Gill orphan Elisha Betts, John Rogers and Thomas Cotrell or any two of them are appointed to possess Sarah Edwards with her part of her deced father’s estate in the hands of Joseph Ball Exec. of William Haynie deced & make report thereof to the Court. Richard Hull, David Boyd, James Daughity and John Downing or any three of them are appointed to settle and Divide the estate of Samuel Blackwell Gt. deced. according to Law and the Will of the sd. deced & make report thereof to the Court. William Angell, Moses Lunsford and Isaac Lunsford are appointed to Divide the Estate of Rebecca Hudnall deced according to Law & the will of the sd. Deced. And make Report thereof to the Court. Robert Clarke and Judy his wife........... Plt. ag.st In Chancery Ebenezer Nelms et. al.......................... Def t. The parties by a rule of the Court Submitted all matters in Difference between them in this Suit to the final Determination of Spencer Ball, William Taite & Thomas Jones and agreed that their award thereupon Should be made the Judgmt. of this Court, The sd. Arbitrators this day returned their award upon the Premises in these words, to wit, “Whereas there is a Suit in Chancery Commenced in the “County Court of Northumberland by Robert Clarke and Judy his wife against “Eben. Nelms etc, And the sd. Parties being desirous of bringing the sd Suit to a Speedy “Determination and settling the same in an Amicable manner they mutually agreed “to Submit all matters relevant thereto to be finally settled between them by Spencer “Ball, William Taite and Thomas Jones, Upon which we the sd. Refferrees accordingly “met at Northumberland Courthouse this 14th day of October in the year of our Lord “Christ 1763, Whereupon and upon hearing the Parties and maturely Considering all “Papers produced by them to us. Particularly the Wills of Charles Nelms, Samuel “Nelms and Elizabeth Nelms, We are of Opinion that neither the Samuel nor “the sd. Elizabeth had any right to dispose of the Negro Slaves, Moll, James, “Solomon and Moll by their sd. Wills that they have devised. But that the sd. Negro’s “and also the Personal Estate of the Aforesd. Charles Nelms Shall be Equally Divided “among his children agreeable to the sd. Testators Last Will & Testament. And that “if any Child or Children of the sd. Testator is dead Since they arrived to the age of “Eighteen years, that the part or parts of such Child or Children so dying Shall be “Equally Divided among the Legal Representatives of such Child or Children “We also are of the opinion that the sd. Eben. Nelms pay unto the Aforesaid Clarke etc. Page 246 11 November 1763 “All such costs as they may have expended about this Suit. Given under our “hands the day and year above mentioned Spencer Ball, Wm. Taite, Thos. Jones Whereupon it is orderd and Decreed that the sd award & the matter therein Contain’d be held firm and Valid & that the sd. Defts. pay unto the Plts. their Costs. David Ball Junr., foreman, Thomas Waddy, Mays Fletcher, John Kirk, John Knight John Webb, Samuel Winstead Junr. Phillip Bussell, Joseph Power, John Butts, James Conway, John Christopher, William Lancaster, Cuthbert Ellistone, Jonathen Edwards John Rogers, James Daughity and Beverly Keeve were Sworn a Grand jury of Inquest for the body of this county and having received their Charge went out of Court & after sometime returned and Presented as followith to wit: We Present Samuel Garlington for Swearing four oaths in September last. by the information of Majr. Campbell. We present Thomas Crowther for swearing two Oaths the 13th November Instant. We present Benjamen Ingram for two Oaths the 13th November Instant by information of John Webb; We Present John Pope for a Common Drunkard. We present Lazarus Dameron for not bing at his Parish Church One month last past. We present Benjamen Ingram for not giving in Two Tithables by Information of Richard Hudnall. We present William Nutt for not giving in One Tithable his Overseer-within twelve months last past. We present Joseph Mott for a Common Drunkard. We present John Pope for Swearing four Oaths within twelve months last past. St. Stephen’s Parish We Present Judith Blundall for having a bstard child within one year last past. John Cotrell for a Common Swearrer. William Greenwood for a Common Swearrer. John Welch for not going to his Parish Church in one month last past. William Dollins for the same. Edward Shepherd for the same. Sarah Hawk for having a bastard Child within one year last past. Richard Nutt for Retailing of Liquors not according to law within one yr. last past. Thomas Gill Junr. for a common Swearrer. Joshua Townsend for the same. Richard Walker for not giving in his Land according to Law. Thomas Wornum for not giving in One Tithable, Sue David Ball Junr. And then the sd. Grand jury having nothing further to Prosecute were Discharged. Ordered that Process Issue against the Several Persons this day Presented by the Grand jury to cause them to appear here on the Second Monday in December next to Answer the Presentments against them Respectively. Page 247 11 November 1763 A Deed of Trust from John Reason to Joseph Harcum was proved by the Oaths of John Williams and Barbee Davis two of the Witnesses thereto & Admitted to Record. The Presentment of the Grand jury against John Pope and Samuel Garlington is Dismissd they having paid their fine to Chas. Copedge. John Heath, David Ball and William Angell are appointed to possess George Conway with the Estate of Edwin Garlington, as Also to possess Saml. Creswell with his wife’s part of her deced father’s Estate in the hands of Thomas Hurst And make report to the court. Ordered the court be Adjourned till the second Monday in December next. Spencer Ball At a Court Held for Northumberland County the 12th day of December 1763 Present John Foushee Spencer Ball George Ball Rodham Kenner Gent Justices William Taite Winder Kenner A Deed from Twyford Bosley & Darcus his wife of the one part To Maurice Wheeler of the other part, with the Memo. of the Livery of Siezen & the Receipt thereon Indorsd. was Acknowledged by the sd. Bosley & Admitted to Record. A Deed from Thomas Brown & Winefred his Wife of the one part to Thomas Jones of the other part, with the Memo. of the Livery of Seizen & the Receipt thereon Indorsed was Acknowledged by the sd. Thos. Brown & Admitted to Record, Previous to which the sd. Winefred being first Privately Examined freely Relinquished her right of Dower in the Premises thereby Conveyed. On the motion of William Taite Gent. who made Oath according to law Certificate is granted him for Obtaining Letters of Administration of the Estate James Brown (BlackSmith) deced in due form Giving Security. Whereupon he together with Thomas Jones his Security enterd into & Acknowledged bond for the due Admon. of the sd. Estate George Harvey, William Eskridge, Neddy Barnes & William Barnes or any three of them are appointed to appraise on Oath in Currt. money the Slaves if any, & Personal Estate of James Brown deced that Shall be Presented to their View. And Return an Inventory thereof to the next Court. Report of viewing the Weights and Scales at Wicocomoco Warehouses was this day Returned and Orderd to be Recorded. Page 248 12 December 1763 On the motion of James Champion for a Division of his fathers Estate. William Barret, William Angell, David Lattimore and Onesephorus Harvey or any three of them are appointed to Divide the sd. Estate according to law & Possess the Severall Children of Moses Champion deced with their parts of the same Respectively & make report thereof to the Court. Upon the Petition of John Curtice, Hillery Curtice and Thomas Yerby for an Acre of Land to be laid off belonging to the Orphan’s of William Robuck deced to build a water Grist Mill and for puting them in possession thereof according to Law. It is order’d that the Sherriff of this County Summon a jury of Twelve Freeholders of the Vicinage to meet upon the Land Petitioned for who being sworn before a Justice of the Sherriff Shall Deligently View and Examine the sd. Land & the Lands Adjacent thereto on both sides the Run which may be Affected or laid under water by building Such Mill, together with the Timber and other Conveniencies thereon, And make Report thereof to the Court of the true Value of the Acre Petitioned for & the Damages to the partys holding the same, or to any other person or persons under their hands and Seals. James Champion is by the Court appointed Guardian to Naney Cuthbert & Winney Champion orphans of Moses Champion deced. he the sd. James together with Isaac Hurst his Security having enter’d into & Acknowledged bond for the Estate of the sd. Orphans in the penalty of L 1000. A Deed of gift from David Boyd and Margaret his Wife to Sarah Cockrell was Acknowledged by the sd. David & Margaret Boyd & Admitted to Record, Previous to which the sd. Margaret being first Privately Examined freely Relinquished her right in the Premises thereby Conveyed. Elisha Betts having taken the Usual oaths to his Majestys Person & Government & Subscribed the Abjuration Oath and the Test. On the motion of Newton Keene Gent. Sherriff of this County. Sworn and Admitted his under Sherriff. & then the sd. Elisha Betts took the Oath appointed by the tobacco Law. The Last Will and Testament of John Gaskins deced was Presented in Court by Sarah Gaskins and Thomas Cotrell the Exors. therin Named who made Oath thereto according to law. And being Proved by the Oaths of Elisha Betts & Richard Marsh Witness thereto was Admitted to Record. And on the motion of the sd. Exors Giving Security Certificate is granted them for Obtaining a probate thereof in due form. Whereupon they with Elisha Betts and Richard Marsh their Securities enter’d into & Acknowledged bond in the Penalty of L 1000. for their due & faithful Admonn. of the Estate of the sd. Testator & Performance of his Will. Page 249 12 December 1763 Robert Davis, Benjamen Welch, Nicholas Hughlett & John Humphries or any three of them are appointed to appraise on Oath in Currt. money the Slaves, if any and Personal Estate of John Gaskins deced. that Shall be Presented to their View and Return an Inventory thereof to the next Court. An Inventory and Appraisment of the Estate of William Webb deced. was this day Returned & orderd to be Recorded. A Bill of Sale from Barbee Davis to John Mathews was acknowledged by the said Davis & admitted to Record. Ordered that Lycense be granted unto Elisha Harcum to keep Ordinary at his House in this county for the Space of one year he having given bond according to Law. The Last Will and Testament of Sarah Harding deced was Presented in Court by Mathew Neale and John Cralle Jr. two of the Exors therein named who made Oath thereto according to Law, And being Proved by the Oaths of John Lewis and Hannah Lewis two of the Witnesses thereto was Admitted to Record, And on the motion of the said Exors. Giving Security Certificate is granted them for Obtaining a Probate thereof in due form. Whereupon they with Joseph Ball and Joseph Wildey their Securities enter’d into & Acknowledged bond in the Penalty of L500 for their due & faithful admon of the Estate of the sd. Testator & performance of his Will. Samuel Eskridge, George Harvey, Henry Boggess and John Blincoe or any three of them are appointed to appraise on Oath in Currt. money the Slaves if any, & personal Estate of Sarah Harding deced. that Shall be Presented to their View. And Return an Inventory thereof to the next Court. Messrs McKittrick & Compa.......................................... Plt. vs. In Case William Flood......................................... Def t. By consent of parties by their attornies, All matters in Difference betwen them in this Suit is Refferr’d to the final Determination of The Honble Presly Thornton Esq. Thomas Jones, David Galloway William Taite and Richard Lee Gt. or any three of them. And their award thereupon is to be made the Judgment of the Court. A Deed from Robert Short and Margaret his Wife of the one part To David Galloway of the other part with the Memo of the Livery of Seizen & the receipt thereon Indorsed was Acknowledged by the sd. Robert Short and Admitted to Record Previous to which the said Margaret being first Privately Examined freely Relinquished her Right of Dower in the Premises thereby Conveyed. Page 250 12 December 1763 John Webb, orphan of William Webb deced made Choice of Thomas Cotrell for his Guardian who is approved of by the Court. he the sd. Thomas together with Joseph Wildey his Security having entered into & Acknowledged bond for the Estate of the sd. Orphan in the Penalty of L 500. Richard Hull Gent. Joseph Ball and James Daughity are appointed to possess Thomas Cotrell with the Estate of John Webb orphan of William Webb deced. in the hands of John Edmunds and John Rogers Exors. of the sd. deced. & make report thereof to the Ct. Sarah Maughan a Servant Woman belonging to the Estate of Isaah Harding deced. Came into Court and agreed to Relinquish her freedom dues on Consideration of her freedom. Richard Garner is by the Court bound to John McCalley for the term of Six years on Consideration of which the sd. McCalley is to learn him the trade of a Carpenter & Joyner. And to find for him Sufficient Apparrel meat drink, washing & Lodging For the due Performance of which the sd. McCalley together with William Taite Gent. his Security Acknowledged themselves bound to the Justices now Setting & their Successors in the Penalty of 5,000 lbs. tobo — (Good Suit of Cloths when free) An Inventory and Appraisement of the Estate of Thomas Winter deced was this day Returned & order’d to be Recorded. On the motion of John Baysie who made Oath according to Law, Certificate is granted him for Obtaining Letters of Admon of the Estate of Isaac Baysie deced. in due form giving Security. Whereupon he together with Jessee Baysie his Security enter’d into & Acknowledged bond for the due Amon. of the sd. Deced. Estate. Robert Potts, George Smither, John Pope and Richard Marsh or any three of them are appointed to appraise on Oath in Currt. money the Slaves, if any, & Personal Estate of Isaac Baysie deced that shall be Presented to their View & return an Inventory thereof to the next Court. Report of Possessing John Christopher with John Ashburn’s Estate was this day Returned and orderd to be Recorded. Ordered that the Churchwardens of St. Stephens parish for the time being bind out Bibby, Isaac, Betty and Susannah Bush orphans of John Bush deceased according to Law. Report of the Settlement and Division of the Estate of Francis Timberlake deced. was this day returned. And orderd to be Recorded. Page 251 12 December 1763 Judgement upon petition is granted to William Kennan against Richard Glascock for thirty eight Shillings due by Accot. which is order’d to be paid with Costs. Orderd that Willim Kennan pay unto Sarah Smedley Fifty two pounds of tobo for One days Attendance at this Court & for Coming and Returning Nine miles once as a Witness for the sd. Kennan against Richard Glascock. Richard Merchant Junr. and Edmund Merchant ............ Plt. vs. In Debt Thomas Waddy, George Dameron & George Ball.......... Def t. This day came the Pl.ts. by their attorney as the Defts. in their proper persons. And the sd. Defts. say that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plts. recover against the said Defts. the debt in the Declaration mentioned amounting to One hundred and Twenty three pounds Currt. money together with their costs by them in this behalf expended and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharg’d by the payment of Sixty one pounds Ten Shillings Currt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 12th day of July 1763 till the time of payment. And the Plts. agree to Stay Execution three Months. Richard Merchant Junr. and Edmund Merchant ............ Plt. vs. In Debt Thomas Waddy, George Dameron & George Ball.......... Def t. This day came the Pl.ts. by their attorney as the Defts. in their proper persons. And the sd. Defts. say that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plts. recover against the said Defts. the debt in the Decl: mentioned amounting to One hundred and Twenty three pounds Currt. money together with their costs by them in this behalf expended and the sd. Defendts. in mercy etc. But this Judgment (the costs excepted) is to be discharg’d by the payment of Sixty one pounds Ten Shillings Currt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 12th day of January 1763 till the time of payment. And the Plts. agree to Stay Execution three Months. The Last Will and Testament of David Straughan deced was Presented in court Richard Straughan one of the Exors. therein Named who made Oath thereto according to law And being Proved by the Oaths of Giles Boggess & Hesiah Boggess two of the Wits. thereto was Admitted to Record. And on the motion of the sd. Execor. Giving Security Certificate is granted him for Obtaining a Probate thereof in due form. Whereupon he with Lewis Lamkin his Security enter’d into & Acknowledged bond in the Penalty of L 1000 for his due and faith full Admon of the Estate of the sd. Testator & Performance of his Will. Page 252 12 December 1763 Elisha Harcum produced an Account of his Executorship of the Estate of Thomas Harcum, And being Examine’d by the Court & Sworn to by the sd. Elisha was ord’d to be Recorded. Samuel Eskridge, William Eskridge, Mathew Neale and George Harvey or any three of them are appointed to appraise on Oath in Currt money the Slaves, if any, And Personal Estate of David Straughan deced that Shall be Presented to their View. And Return an Inventory therof to the next court. On the motion of John Cralle Junr; Samuel Eskridge, George Harvey, Henry Boggess and John Blincoe or any three of them are appointed to Divide the Negroe Slaves mentioned in a Deed of Gift from Spencer Ball to Sarah Harding, among the Legal Representatives of William Harding deced. according to Law & the Will of the said Deced & make report thereof to the Court. On the Petition of William Ashburn and James Booth for their Estates in the hands of Rawleigh Oldham. It is order’d the Sherriff Summon the sd. Oldham to appear at the next Court to answer the Same. Judgment upon Petition Is granted to Ezekiel Hudnall against David Lattimore for Thirty one Shillings and four pence due by Accot. which is orderd to be paid wth. Costs. Samuel Eskridge ......................................... Plt. vs. In Debt William Eskridge, Execor. or Rodham Kenner Cralle deced........ Def t. By Consent of parties all matters in Differrence between them in this Suit is Refferr’d to the final Determination of the Honble Presly Thornton Esq: Thomas Jones, David Boyd and Robert Clarke or any two of them. And their award thereupon is to be made the Judgment of the Court. And the Plts. agree that in Case he recover’s a Judgment, to Stay Execution Eight Months. David Galloway ......................................... Plt. vs. In Debt William Lancaster........................................ Def t. This day came the parties by their attornies, who Waving the Issue whereof they had put themselves upon the County. The sd. Deft. saith that he Acknowledges the Plaintiffs Action for L 153..5..11 Therefore it is Considered by the Court that the Plt. recover agst the sd. Deft. the said One hundred and fifty three pounds Currt. moeny together with his Costs by him in this behalf Expended. and the sd. Defendt. in mercy etc. Page 253 12 December 1763 Upon the motion of John Foushee Gent. late Sherriff by his Attorney James Lamkin one of his Under Sherriffs, and Newton Keene and Lewis Lamkin Securities to the sd. James, It appearing to the Court that the sd. Lamkin is Indebted to the sd. Foushee on Account of the Public Money the Sum of Twenty pounds ten Shillings and Seven pence half penny. It is Considerd that the sd. Foushee recover gainst the sd. James Lamkin, Newton Keene and Lewis Lamkin. the Aforesaid Sum of Twenty pounds ten Shillings and Seven pence half penny & the Costs of this motion. They having had ten days Previous Notice thereof according to Law. Order’d the Court be Adjourned till Tomorrow morning 10 o’Clock George Ball At a Court Continued & Held for Northumberland County the 13th day of December 1763 Present John Foushee William Taite Gent. Justices George Ball Spencer M. Ball Frances Webb having obtained an attachment against the Estate of William Glascock Jr. who is said to be absconded that the common Process of Law Cannot be Served upon him for Fifteen pounds Currt. money; and the Sherriff having made return that he had attached all the Effects of the sd. Deft. in the hands of Charles Kittleby & Summond him to appear as a Garnishee. And the sd. Kittleby now appearing Saith that he is Indebted to the sd. Glascock the sum of Six Shillings. & no more. Where upon the said Webb proving her demand to be just. It is Considerd by the Court that she recover agst the sd. Galscock the sd. Sum of Fifteen pounds Currt. money together with her costs by her in this behalf expended. And it is orderd that the sd. Kittleby pay to the sd. Webb the Six Shillings in his hands towards discharging this Judgment. Messrs. Hunters Campbell & Comp..................... Plt. ag.st In Debt Francis Vanlandingham....................................... Def t. Discontinued, the Deft. having no Residence in this County. It is orderd that the Sheriff summon William Greenwood to appear at the next Court to Show Cause (if he can) why his Children sho’d not be bound out. Messrs. McKittrick & Compa ......................................... Plt. ag.st In Debt Robert Short...................................... Def t. The Deft. not being arrested, It is orderd on the motion of the Plts. by their attorney that a Plurius Capias Issue against the sd. Deft. returnable to the next Court. Page 254 13 December 1763 Judgement upon petition is granted to Elias Edmunds against Moses Sutton for Six hundred pounds of Crop tobo due by Acct. which is orderd to be paid with Costs The Petition of Joseph Dameron against Walter Jamison is by their mutual Consent Referr’d to the final Determination of Thomas Gaskins and Thomas Hurst. and their award there upon is to be made the Judgemnt of the Court. Judgment upon Petition is granted to George Conway and Elizabeth his wife against Richard Nutt for Three hundred pounds of Tobo. due by Accot. which is orderd to be paid with Costs. Judgement upon Petition is granted to Charles Pritchard Guardian for Chloe Angell agst. Nathaniel Wilson and John Knight for Twenty seven Shillings and five pence with Lawful Interest thereon to be Computed from the first day of May 1760, till payment Which is orderd to be paid with Costs. Judgement upon Petition is granted to John Kennedy against Griffin Williams for Thirty two Shillings and Nine pence due by Accot. which is orderd to be paid with Costs. Judgment upon Petition is granted to Barbee Davis against Henry Christopher for Forty two Shillings and three pence half penny due by Account which is order’d to be paid with Costs. Judgment upon Petition is granted to Parish Garner Execor. of Parish Garner deced. agst George Conway and Elizabeth his Wife for Thirty Shillings due by Accot. which is ord’d to be paid with Costs. The Petition of James Self against John Cralle is Dismissed being agreed by ye. Parties. Judgment upon Petition is granted to Thomas Brown Admor. of Semer Jones deced. against Job Braughton for Thirty two Shillings due by Account which is orderd to be paid with Costs. The petition of Travers Tarpley against Jane Tillery is Continued till the next Court. Joseph Ball ......................................... Plt. vs. In Case James Parsons........................................ Def t. Spencer Ball Gent. of this country undertakes for the Deft. that in Case he shall be Cast in this suit he the said Deft. will pay the Condemnation of the Court or render his body to prison in Execution for the same, or that he the sd. Spencer Ball will pay the Condemnation or render the body of the sd. Deft. as Aforesaid. Whereupon the said Deft. parys & hath leave to imparte till the next Court & then to plead. John Cralle ......................................... Plt. vs. In Case Samuel Dunaway........................................ Def t. Dismissed, being agreed by the Parties. Page 255 13 December 1763 Samuel Eskridge .................................................................................... .. Plt. vs. In Case Thomas Edwards & Walter Jameson exor. of Anne Fauntleroy deced.......... Def t. This day came the parties by their attornies And the sd. Defts pray & have leave to imparte till the next Court & then to plead. Ephraim Williams ......................................... Plt. vs. In Debt John Corbell........................................ Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. against him the said Deft and Cuthbert Ellistone his security for the debt in the Declaration mentioned and Costs, unless the sd. Deft. Shall appear at the next Court & Plead Barbee Davis ......................................... Plt. vs. In Case Moses Dawkins........................................ Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. him the said Deft and Cuthbert Ellistone his security for what damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertianed by a jury unless the sd. Deft. shall appear at the next Court & plead. Judith Blundall ......................................... Plt. vs. In Debt William Mortimore & Francis Beckley...... Def ts. The Defts. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. them the said Defts. and Newton Keene Gt. Sheriff of this County for the debt in the Declaration mentioned and Costs, unless the sd. Deft. Shall appear at the next Ct. & plead Walter Jameson ......................................... Plt. vs. In Case Richard Kenner....................................... Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. him the said Deft and Newton Keene Gt. Sheriff of this County for what damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertained by a jury unless the sd. Deft. shall appear at the next Court & plead. John Heath ......................................... Plt. vs. In Case Moses Dawkins........................................ Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. him the sd. Deft and William Angell his security for what damages it shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertianed by a jury unless the sd. Deft. shall appear at the next Court & plead. Page 256 13 December 1763 Anthony McKittrick & Coma.......................................... Plt. vs. In Debt George Pitman........................................ Def t. This day came as well the Pl.t. by their attorney and the Deft. in the custody of the Sherriff of this County. And the sd. Deft. saith that he cannot gainsay the Action of the Plintiffs. Therefore it is Considered by the Court that the Plts. recover against the said Deft. the debt in the Declaration mentioned amounting to Fifty five pounds Nineteen Shilllings & four pence Currt. money together with their costs by them in this behalf expended. And the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the Payment of Twenty Seven pounds, Nineteen Shillings & eight pence ----- with Interest on the same at the rate of 5 per cent per annum to be Computed from the 20th day of July 1763 till the time of payment. John Heath as factor to McKittrick & Compa...................... Plt. vs. In Debt Robert Smee........................................ Def t. This day came as well the Pl.t. by his attorney as the Deft. in his proper person. And the sd. Deft. saith that he cannot gainsay the Action of the Plintiffs. Therefore it is Considered by the Court that the Plts. recover against the said Deft. the debt in the Declaration mentioned amounting to Twenty two pounds Nine Shillings & eight pence Currt. money together with their costs by them in this behalf expended. And the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the Payment of with Interest on the same at the rate of 5 per cent per annum to be Computed from the day of till the time of payment. Judgement upon petition is granted to John Heath against Smith Barrott for Forty four Shillings and fourpence due by Accot. which is order’d to be paid wh. Costs & an Attornies ffee. Judgement upon petition is granted to John Heath against John Thomas for Four pounds Nineteen Shillings and five pence half penny due by Accot. which is order’d to be paid wh. Costs & an Attornies ffee. Judgement upon petition is granted to John Heath against Richard Nutt for Three pounds twelve Shillings and five pence due by Accot. which is order’d to be paid with Costs & an Attornies ffee. The petition of George Ball Gent. against Thomas France is Dismissed the Defendt. paying Costs. Page 257 13 December 1763 The petition of David Ball Junr. against David Lattimore is Continued till the next Court Judgement upon Petition is granted to Richard Timberlake against George Pitman for Forty five shillings due by Accot. which is orderd to be paid with Costs. Leroy Oldham Execor of Tarpley Oldham deced.............................Plt. vs. In Debt Newton Keene & Robert Clarke............ Def t. Dismissed by consent of parties Defts paying Costs. Judgment upon Petition is granted to William Dew against Cornelius Daughirty for Thirty nine Shillings due by Accot. which is orderd to be paid with Costs. The Petition of John Mercer Gent. against John Cralle is continued. The Petition of William Hudnall against John Newsome is Dismissed. Joseph Ball ........................................ Plt. vs. In Debt Ellis Gill........................................ Def t. Dismissed by Consent of parties Deft. paying Costs. The Petition of Daniel Betts against Thomas Cammell is Continued Judgment upon Petition is granted to Daniel Betts against Thomas Cammell & Winefred his Wife for Seventy six pounds of Tobo. and Twenty six Shillings & three pence due by Account which is orderd to be paid with Costs. Richard Hudnall ......................................... Plt. vs. In Debt John Knight........................................ Def t. It is orderd that unless the Deft. file his Bill of Injunction at the next Court that the Plt have Judgment for his Debt & Costs. On the motion of James Champion a Dedimus is granted him to take the Depos. of Witnesses in the Suit brought agst. him by John Irons. Peter How Esq.......................................... Plt. vs. In Case John Meath........................................ Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. him the said Deft and Thomas Williams his Security for what damages it Shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertain’d by a jury unless the sd. Deft. shall appear at the next Court & plead. Page 258 13 December 1763 John Baird ......................................... Plt. vs. In Case John Meath........................................ Def t. The Deft. not appearing. it is orderd that Judgment be enterd for the Plt.agst. him the sd. Deft and Thomas Williams his Security for what damages it Shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertain’d by a jury unless the sd. Deft. shall appear at the next Court & plead. Parish Garner ......................................... Plt. vs. In Debt Richard Fuller & John Blincoe.................. Def t. Dismissed by Consent of Parties the Plt. paying Costs. Thomas & George Simpson ......................................... Plt. vs. In Case Anthony LeCount........................................ Def t. Discontinued John Heath as a factor to McKittrick & Compa......................................... Plt. vs. In Case Joseph Lunsford........................................ Def t. This day came as well the Plt. by his attorney as the Deft. in his proper person. And the sd. Deft. Acknowledges the Plts. Action for Therefore, with the Plts. Assent, it is Considerd by the Court that he recover against the sd. Deft. the sd. sum of Together with his Costs by him in this behalf expended. And the sd. Deft in mercy etc. John Webb ......................................... Plt. vs. In Trespass Benjamen Ingram & Thomas Crowther........................................ Def ts. The Def ts. not being arrested. It is orderd on the motion of the Plt. by his attorney that an Alias Capias Issue ag.st the Def t. returnable to the next Court. John Bentley ......................................... Plt. vs. In Trespass George Ingram........................................ Def t. This day came the parties by their attornies. And the sd. Deft. prays & hath leave to Imparte till the next Court & then to plead. Joseph Mott ......................................... Plt. vs. In Trespass, Assault & Battery Spence Waddy........................................ Def t. This day came the parties by their attornies. And the sd. Deft. prays & hath leave to Imparte till the next Court & then to plead. Page 259 13 December 1763 Edmund Pendleton ........................................ Plt. vs. In Case John Irons........................................ Def t. The Deft. not appearing. it is orderd that Judgment be enterd for the Plt.agst. him the sd. Deft and Thomas Williams his Security for what damages it Shall appear the Plt. hath Sustained by the Occasion in the Declaration mentioned to be Assertain’d by a jury unless the sd. Deft. shall appear at the next Court & plead. Thomas Gill......................................... Plt. vs. In Case Beverly Keeve........................... Def t. This day came the parties by their attornies, And the sd. Deft. prays & hath leave to imparte till the next Court & then to plead. Thomas Airs ......................................... Plt. vs. In Trespass John Swift.............................. Def t. This day came the parties by their attornies. And the sd. Deft prays & hath leave to imparte till the next Court and then to plead. John Beracroft ......................................... Plt. vs. In Debt Moses Dawkins........................... Def t. John Christopher of this County undertakes for the Def t. that in case he should be Cast in this Suit he the said Def t. will pay the Condemnation of the Court or render his Body to prison in Execution for the same or that he the said John Christopher will pay the said Condemnation or render the Body of the sd. Deft. as aforesaid Whereupon the said Def t. pays & hath leave to Impart till the next Court and then to Plead. John Rogers ......................................... Plt. vs. In Debt James Templeman & John Berry............. Def t. The Deft. not appearing. it is orderd that Judgment be enterd for the Plt. against. Them the sd. Defts. and Newton Keene Gent. Sherriff of this County for the debt in the Declaration mentioned & costs jury unless the sd. Deft. shall appear at the next Court & plead. The Attachment Obtained by John Rogers against the Estate of William Wilson is Dismissed being agreed by the parties. The Attachment Obtained by John Rogers against the Estate of William Wilson is Dismissed being agreed by the Parties. Page 260 13 December 1763 William Taite Gent. Pemberton Claughton, John Turner and Stephen Hall of any three of them are appointed to Settle Alexander Bearcrofts Account of his Administration of the Estate of Rodham Hall deced. And make report thereof to the Court. Joseph Ball, Ellis Harcum and William Mitchell are appointed to possess Abner Haynie with the Estate of Hannah Harding in the hands of Stephen Chilton, And make report thereof to the Court. The Attachment obtained by Peter Chapman against the Estate of William Sullivant is Dismissed. The Attachment obtained by Messrs Hunters Campbell & Comp. against Wm. Sullivant is dismissed. The Attachment obtained by Thomas Cotrell against the estate of William Sullivant is dismissed. A Bill of Sale & Bond from Joseph Humphris to John, William & George Humphris was Proved by the oath of Samuel Eskridge one of the Witnesses thereto& admitted to Record On the motion of John Kennedy, It is orderd that the Sherriff Sumon Judith Tullis to appear at the next Court to show Cause (if she can) why admon should not be had on her deced husbands Estate. Ordered the court be Adjourned till the second Monday in January next. Spencer Ball At a Court Held for Northumberland County the 9th day of January in the fourth year of the Reign of our Sovereign Lord King George the Third Anno. Dom: 1764. For the Examination of Jonathen Crooke a Servant man belonging to Robert Sibbalds Charged with Felony in Stealing Money from the sd. Sibbalds. Present John Foushee Spencer M. Ball George Ball Gent Justices William Taite Winder Kenner The above named Jonathen Crooke being Commited to the Goal of this County Charg’d with the Felony Aforesaid was led to the Barr. And thereupon Divers Witnesses were Produced, Sworn and Examined upon the Premises, And the prisoner heard in Page 261 9 January 1764 his own defence, And upon Consideration of the Evidence of the sd. Witnesses & the Circumstance of the Case, It was the Opinion of the Court that the Prisoner ought not to be tryed for the said Supposed Fact bythe General Court, but Ought to be discharged from his Imprisonment Aforesd. And he was According Discharged. Ordered this Court be Disolved. At a Court Held for Northumberland County the 9th day of January 1764 Present John Foushee Spencer M. Ball George Ball Gent Justices William Taite Winder Kenner A commission for the Privey Examination of Judith Bentley together with the Execors thereof Annexed was this day returned & ordered to be Recorded Report of Possessing Sarah Edwards with her part of her deced father’s Estate was this day returned & orderd to be Recorded. The Depositions taken between William Greenwood & his servant Sinah Scallion is continued till next Court for Argument. A bond & Award between John Atkins and Swan Pritchard was Proved by the Oath of Charles Copedge one of the Witnesses thereto & Admitted to Record. Report of the Valuation of an Acre of Land Petitioned fo by John Curtice, Hillary Curtice and Thomas Yerby was this day returned & Admitted to Record. It is orderd that the Sherriff of this County take upon himself the Administration of the estate of Margaret Baine deced who died Intestate A Bill of sale from William Lancaster to William Corbell was Proved by the Oaths’s of John Corbell and Edward Shepherd Witnesses thereto & Admitted to Record. A Bill of Sale from William Greenwood to Robert Palmer was Proved by the Witnesses & Admitted to Record. Ordered that the Chuchwardens of St. Stephens Parish for the time being bind out Mary Parker orphan of Thomas Parker deced according to Law. Jane Booth orphan of Adam Booth deced made Choice of William Taite Get. for her Guardian who is approved of by the Court, he the sd. Taite together with Thomas Williams and Neddy Barnes his Securities having entered into & Acknowledged bond for the estate of the sd. Orphan in the Penalty of L 1,000. Page 262 9 January 1764 An inventory and appraisement of the estate of James Brown dece’d was this day Returned And orderd tobe Recorded. On the motion of Simon White who made oath according to Law Certificate is granted him for Obtaining Letters of Administration of the Estate of Edward White deced in due form giving Security. Whereupon he together with John Webb & John Swift his Securities enter’t into & Acnowledged bond for the due Admon of the sd. Decedts. Estate Beverly Keeve, William Pickren, John Humphris and John Webb or any three of them are appointed to appraise on Oath in Currt. money, the Slaves, if any, and Personal Estate of Edward White deced, that shall be presented to their View and return an Inventory thereof tothee next Court. The Last Will and Testament of Christopher Dameron deced. was Presented in Court by George Ball and Bartholomew Dameron two of the Exors therein named who made Oath thereunto according to law. And being proved by the Oaths of William Chilton and Rodham Lunsford two of the Witnesses thereto was admitted to Record. And on the motion of the sd. Exors giving Security Certificate is granted them for Obtaining a Probate thereof in due form. Whereupon they with Joseph Ball and David Ball Junr. their Securities enter’d into & Acknwoledged bond in the Penalty of L 2,000 for their due faithfull Admon. of the Estate of the sd. Testator and Performance of his Will A Deed of Mortgage and bond from William McKay Clk.of the one part To Nicholas Flood of the other part, was Proved by the Oaths of Samuel Williams & William Draper Witnesses thereto & Admitted to Record. Report of Possessing Mayes Fletcher with Winefred Barretts Estate was this day returned And orderd to be Recorded. Report of the Division of the Estate of Moses Champion deced was this day Returned & order’d to be Recorded. An Inventory and Appraisement of the Estate of Rebecca Hudnall deced was this day returned & orderd to be Recorded. Report of Possessing Charles Carter with Dennis Sullivan’s Estate was this day returned & orderd to be Recorded. Rodham White orphan of Edward White deced made Choice of Ewell Alexander for his Guardian who is approved of by the Court, he the sd. Ewell together with Spencer Hill and Jesse Alexander his Securities having entered into & Acknowledged bond for the estate of the sd. Orphan in the Penalty of L 1,000. Page 263 9 January 1764 An Inventory and Appraisment of the Estate of Sarah Harding deced. was this day Returned & Orderd to be Recorded Report of Possessing John Wornum with the Estate of Ellis Gill orphan of Ellis Gill deced in the hands of Elisha Harcum was this day returned, And the same be Objected to by the said Wornum as being Ellegal, James Daughity, Beverly Keeve, Samuel Blackwell and Joseph Ball are appointed to Settle the sd. Harcum’s Account of his Guardianship of the sd. Gill and Report the same to the Court. A deed from Thomas Gaskins and Sarah his Wife of the one part to Robert Woddrop of the other part, with the Memo of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. Thos. Gaskins & Admitted to Record, Together with the Comon. and Return thereto Annexed. James Williams, James Daughity and James Sims are appointed to Settle Judith Blundall’s Account of her Administration of the Estate of Elijah Blundall deced making her an allowance in the same for the maintenance of the Children of the sd. Elijah of four pounds Currt. money per year for each. And make report thereof to the Court. Orderd that Lycense be granted unto Daniel Miskell to keep Ordinary at his house in this county for the span of one year, he having given bond according to Law. The Summons against William Greenwood for not bringing his Children up in Christianity is Dismissed. Orderd that the Churchwardens of St. Stephen’s Parish for the time being bind out John Denny orphan of John Denny deced According to Law. On the motion of Elias Edmunds against William Mathew Cralle and Anne his wife for an Account of the Admon of William Edmunds deced. It is orderd the Sheriff Summon the sd. Cralle & his wife to appear at the next Court. Ordered the court be Adjourned till the second Monday in February next. John Foushee At a Court Held for Northumberland County the 13th day of February 1764 Present Spencer Ball Spencer M. Ball Gent Justices George Ball Charles Fallen Page 264 13 February 1764 Report of Possessing John Harvey with his Estate was this day returned and orderd to be Recorded. The Last Will & Testament of Elizabeth Harford deced was presented in Court by Henry Harford the Execor. therein named who made Oath thereto according to law. And being Prov’d by the Oaths of Samuel Cole and Thomas Lovelace Wittnesses thereto was Admitted to Record. And on the motion of the sd. Execor. giving Security Certificate is granted him for Obtaining a Probate thereof in due form. Whereupon he with Mathew Neale and Willoby Lewis his Securities enter’d into & Acknowledged bond in the Penalty of L 500. for his due and faithful Admn. of the Estate of the sd. Testator & Performance of her will. Peter Lamkin, Samuel Eskridge, Richard Claughton and Richard Claughton Junr. or any three of them are appointed to appraise on Oath in Currnt money the Slaves, if any And Personal Estate of Elizabeth Harford deced. that shall be presented to their view and return an Inventory thereof to the next Court. A Deed from Richard Webb of the one part to John Webb of the other part, with the Memo of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. Rich’d Webb & Admitted to Record. Report of the Division of William Hardings Negroes was this day returned and orderd to be recorded. Report of the Settlement of Alexander Bearcrofts Accounts of Rodham Hall’s Estate was this day returned and orderd to be Recorded. An Inventory and Appraisement of the Estate of Edward White deced was this day Returned and orderd to be Recorded. The petition of Edward Shepherd against Sarah ann Hack is continued A Deed from William Blackerby and Sarah his Wife of the one part to Homer Webb of the other part, with the Memo. of the livery of Seizen theron Indorsed was Acknowledged by the sd. Blackerby & Admitted to Record. Previous to which the sd. Sarah being first Privately Examined freely Relinquished her right of Dower in the Premises there by Conveyed. Report of Possessing Judith Fauntleroy with the Estate of Judith & Catherine Fauntleroy was this day retrun’d And orderd to be Recorded. Report of Possessing Thomas Edwards with the Estate of John Faultleroy, was this day returned & orderd to be Recorded. Thomas Glascock ......................................... Plt. vs. In Case Daniel Miskell........................................ Def t. Dismissed Page 265 13 February 1764 The Last Will and Testament of George Harvey deced was Presented in court by John Wroe one of the Execrs. therein Named who made oath thereto according to Law & being Proved by the Oaths of Robert Clarke, Adam Minzies and Geo. Bearcroft Witnesses thereto was Admitted to Record. And on the motion of the sd. Exors Giving Security Certificate is granted him for Obtaining a Probate thereof in due form, Whereupon he with Samuel Eskridge, John Smith and Samuel Steele his Securities enterd into & ackd. bond in the Penalty of L 2,000. for his due & faithful Amon of the Estate of the sd. Testator & Performance of his will Samuel Eskridge, Robert Clarke, Rodham Neale and Griffin Fauntleroy or any three of them are appointed to appraise on Oath in Currnt money the Slaves, if any And Personal Estate of George Harvey deced. that shall be presented to their view and return an Inventory thereof to the next Court. Sinah Hudnall orphan of Richard Hudnall deced made Choice of William Taite Gent. for her Guardian who is approved of by the Court, he the sd. Ewell together with Griffin Fauntleroy and John Rogers his Securities having entered into & Ack’d bond for the estate of the sd. Orphan in the Penalty of L 500. William Rice, Edwin Farned and John Routt are appointed to Allott to Susannah Christopher Widow& Relict of John Christopher deced with the Third part of the Land that John Nutt and William Nutt holds by their Intermarriage wth. the Daughters of the sd. John Christopher deced. & make report thereof to y Court. A Deed from Mary Anne Edwards to David Galloway was further Proved by John Nutt one of the Witnesses thereto and Admitted to Record The Petition of David Ball Junr. against David Lattimore was at December Court last Continued for the Report of Richard Taylor to whom it was referrd. by the Parties. And the sd. Taylor having this day returned his Award upon the Premises in these words, to wit: “ January 4, 1764. We the Subscribers “being Chosen by David Ball Junr. and David Lattimore to Arbitrate and “Determine a Certain matter & dispute between the sd. parties, have met & after “Examining Mr. Jesse Copedge we find due to the sd. David Ball Seven hundred “Chesnut rails or Thirty one Shillings and Six pence Currt. money. And the “Costs. Given under our hands the date above etc. - Richard Taylor Whereupon it is considered by the Court that the sd. Lattimore pay unto the sd. Ball the sd. Seven hundred Rails or Thirty one Shillings & Six pence in the award mentioned & the costs. Page 266 13 February 1764 Mary Garner orphan of Parish Garner deced made Choice of Elias Edmunds for her Guardian who is approved of by the Court, he the sd. Elias together with Griffin Fauntleroy his Security having enter’d into & Acknowledged bond for the Estate of the said Orphan in the Penalty of L 500. Samuel Eskridge, Mathew Neale and Thomas Williams are appointed to possess Elias Edmunds with the Estate of Mary Garner orphan of Parish Garner deced in the hands of Kenner Cralle & make report thereof to the Court A Deed and Bond from Smith Barrott of the one part To John Webb of the other part with the receipt thereon Indorsed was Acknowledged by the sd. Smith Barrott & Admitted to Record. A Bond from Judith Davison and James Davison To William Blackerby was Proved by the Oaths of George Payne, John Hunton and William Angell Witnesses thereto & admitted to Record William Taite Gent. Qualified himself as Executor to the Last Will & Testament of David Straughan deced & gave bond according to Law. The former orderd for appraising the Estate of David Straughan deced. not being Complyed with, William Eskridge, Mathew Neale, William Bailey & Peter Lamkin or any three of them are appointed to appraise on Oath in Current money, the Slaves, if any, and Personal Estae of the sd. David Straughan deced. that shall be presented to their view & return an inventory thereof to the next Court. John Dollins, orphan of John Dollins dced made Choice of Griffin Fauntleroy for his Guardian who is approved of by the Court, the sd. Grifin together wt John Rogers his Security having enterd into & Acknowledged bond for the Estate of the said Orphan in the Penalty of L 200. Rodham Neale, Samuel Eskridge and Robert Clarke are appointed to possess Griffin Fauntleroy with the Estate of John Dollins orphan of John Dollins deced. in the hands of John Wroe Execr of George Harvey deced and Hannah Dollins, & make report thereof to the Court. Rodham Trussell orphan of John Trussell deced is by the Court bound to Isaac Richardson untill he arrives at the age of Twenty one years. On Consideration of which the sd. Isaac is to learn him the trade of a Mill Right & Carpenter & to find for him Sufficient Cloathing, meat drink washing & Lodging. For the due Performance of which the sd. Isaac together with Samuel Eskridge and Patrick Mealey his Securities Acknowledged themselves bound to the Justices now Sitting and their Successors in the Sum of 5000 lbs. tobacco Page 267 13 February 1764 A Deed from Henry Boggess and Judith his Wife of the one part To Joseph Hudnall of the other part. with the Receipt thereon Indorsed, was Acknowledged by the sd. Henry Boggess & Admitted to Record. Previous to which the sd. Judith being first Privately Examined freely Relinquished her right in the Premises thereby Conveyed. Francis Kenner Admor. of William Kenner deced ............ Plt. vs. In Debt Richard Vanlandingham & Benj. Vanlandingham............. Def ts. Upon the motion of Robert Clarke It is orderd that Execution Issue against James Foushee and William Trussell upon a Bond enterd into by the sd. Foushee and Trussell for part of the Estate of the said Foushee taken in Execution to Satisfie a Judgment obtained agst. the said Foushee by the Aforesd. Clarke and Restored, with Costs, And that no Security be taken the Obligors having had Ten days Notice hereof according to Law. John Heath as factor to Messrs. McKittrick & Compa....... Plt. vs. In Case Richard Kenner........................................ Def t. This day came as well the Plt. by his attorney as the Def t. in his proper person And the sd. Def t. Acknowledges the Plts Action for One hundred & three pounds two shillings and Eight pence. Therefore (with the Plts Assent) it is considerd by the Court that he recover against the sd. Def t. the sd. One hundred and three pounds two Shillings and Eight pence Currt. money together with his Costs by him in this behalf Expended. And the sd. Def t. in mercy etc. And the Pl.t. agrees to Stay Execution till April next. Report of the Settlement of John Shirley’s Estate was this day return’d & ordered to be Recorded. A Deed from Thomas Harvey & Anne his Wife of the one part To William Lattimore of the other part, with a Memo of the Livery of Seizen thereon Indorsd was Acknowledged by the sd. Thos. Harvey and Admitted to Record, previous to which the sd. Anne being first Privately Examined freely Relinquished her right of Dower in the Premises thereby Conveyed. An Account of Sales of the Estate of George Danks deced was this day Returnd and orderd to be Recorded. Page 268 13 February 1764 Upon the motion of James Lamkin, It is orderd that Execution Issue agst. William Trussell, James Foushee and James Mealey upon a Bond enterd into by the said Trussell, Foushee, and Mealey for part of the Estate of the sd. Trussell taken in Execution to Satisfie a Judgment obtained against the sd. Trussell by the aforesd. Lamkin and Restored with Costs. And that no Security be taken the Obligors having has Ten days Notice hereof according to Law. Edwin Gaskins, orphan of Josiah Gaskins is by the Court bound to Mark Harding until he arrives to the age of Twenty one years. On Consideration of which the sd. Harding is to learn him the trade of a Taylor, & find and provide for him sufficcient Schooling, Cloathing, Meat drink Washing & Lodging, for the due Performance of which the said Harding together with Hopkins Harding his Security acknowledged themselves Indebted to the Justices now Sitting in the Penalty of 5000 lb. tobo. On the motion of Samuel Blackwell who made Oath according to Law Certificate is granted him for Obtaining Letters of Administration of the Estate of Elizabeth Blackwell deced in due form Giving Security, Whereupon the sd. Samuel together with James Daughity his Security enterd into & Ackd. bond for the due Admon. of ye sd. Deced. Estate. John Williams, Joseph Wildey, Elisha Harcum & Eben Nelms or any three of them are appointed to appraise on oath Currt. money the slaves, if any, & personal Estate of Elizabeth Blackwell deced that shall be presented to their View and return an Inventory thereof to the next Court. Anthony McKittrick & Compa .... Plt. vs. In Debt Robert Short................................. Def t. The Def t. not being arrested. It is orderd on the motion of the Plt. by his attorney that a Pluries Capias Issue ag.st him returnable to the next Court. John Webb ........................................ Plt. vs. In Trespass Benjamen Ingram & Thomas Crowther..... Def ts. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plt. agst. him and Thomas Ingram his security for what damages it shall appear the Plt hath Sustained by the Occasion in the Declaration mentioned to be assertained by a jury unless the sd. Ingram Shall appear at the next Court & Plead, And the sd. Crowther not being arrested, It is orderd on the motion of the Plt. by his attorney that a Pluries Capias Issue against him returnable to the next Court. The Presentment of the Grand jury against Edward Shepherd is Dismissed. Page 269 13 February 1764 Mesrs Hunter Campbell & Compa ................... Plt. vs. In Debt Jane Tillery............................ Def t. The Deft. not appearing. It is order’d that Judgment be enter’d for the Plts. against her the said Deft. and William Taite gent. her security for the debt in the Declaration mentioned and Costs, unless the sd. Deft. Shall appear at the next Court & Plead Judgement upon Petition is granted to William Roane against Thomas Gill for Fifty Shillings due by Account which is orderd to be paid with Costs. Judgement upon Petition is granted to William Roane against Giles Boggess for Thirty Seven Shillings and Six pence due by Account which is orderd to be paid with Costs. Judgement upon Petition is granted to William Roane against William Dameron for Thirty Four Shillings and Three pence due by Account which is orderd to be paid with Costs The Petition of William Lattimore agst Ewell Watts & Jere: Hall is Discontinued Judgement upon Petition is granted to Georgi Rogers against William Anderwigg for Three pounds Currt. money Accot which is orderd to be paid with Costs. The Petition of Newton Keene agst Job Braughton is Continued John Heath ...................... Plt. vs. In Debt Samuel Garlington............ Def t. This day came as well the Pl.t. by his attorney and the Deft. in his proper person. & the sd. Deft. saith that he cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the debt in the Declaration mentioned amounting to Fifty seven pounds & eight pence Currt. money together with his costs by him in this behalf expended and the said Deft. in mercy etc. But this Judgment (the costs excepted) is to be Discharged by the payment of Twenty Eight pounds ten Shill. & four pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the 24th day of September 1763 till the time of payment. The Petition of Hugh Watson against Robert Drew & Molly his Wife is Continued till the next Court. Page 270 13 February 1764 On the motion of John Kennedy who made Oath according to Law Certificate is granted him for Obtaining Letters of Administration of the Estate of John Tullis deced in due form Giving Security, Whereupon the he together with David Boyd his Security enterd into & Ackd. bond for the due Admon. of the sd. Decedts. Estate. Samuel Eskridge, William Eskridge, Neddy Barnes and William Barnes or any three of them are appointed on oath to appraise in Currt. money the slaves, if any, & Personal Estate of John Tullis deced. that Shall be Presented to their View & return an Inventory thereof to the next Court. Judgement upon Petition is granted to Samuel Blackwell and Giles Webb against William Haynie and Joseph Harcum for Teenty nine Shillings with Interest on the same at the rate of 5 per cent per annum to be Computed from the 1st day of March 1763 till the time of payment. Samuel Eskridge................................................................. Plt. vs. In Debt William Eskridge Execor. of Rodham Kenner Cralle deced...... Def t. The parties by a rule of Court Submitted all matters in Difference between them in this suit to the final Determination of the Honble. Presly Thornton Esq., Thomas Jones, David Boyd and Robert Clarke or any two of them & agreed that their Award thereupon should be made the Judgment of this Court, The sd. Presley Thornton Esq: and Robert Clarke this day Returned their Award upon the Premises in these words, to wit: Northumberland Js. “In Complyance to an order of Court “dated the 12thday of December 1763. We the Subscribers have Settled all matters in “Difference between Mr. Samuel Eskridge Plt. and Mr. William Eskridge Executor of “Rodham Kenner Cralle deced. Defendt. And find that the Deft. Eskridges Executor “to the sd. Cralle Indebted to the sd. Plt. Samuel Eskridge The Sums of fourteen “Thousand and thirty six pounds of Crop tobo. and Cask And Seventy seven pounds “and Eleven pence Currt money with Interest till paid. Given under our hands “this 21st day of January 1764. Presley Thornton Robert Clarke Whereupon it is considered by the Court that the Plt. recover against the sd. Deft. the sd. Fourteen Thousand and thirty six pounds of Crop tobo. and Cask And Seventy seven pounds “and Eleven pence Currt money with Interest as Aforesd. together with his Costs by him in this behalf Expended, To be Levied of the Goods & Chattles of the sd. Cralle in the hands of the sd. Eskridge if so much thereof he hath in his hands to be Administred, And if he hath not that then the Costs to be Lefyed of the proper Goods and Chattles of the sd. Defendt. Page 271 13 February 1764 On the motion of Thomas Jones to turn the road Leading down to his Mill William Eskridge, Peter Lamkin and Neddy Barnes or any two of them are appointed to view the Conveniency and Inconveniency thereof on oath to the Court. William Rice, William Thomas and Edwin Farned are appointed to possess William Ashburne and James Booth with their parts of the Estate of Thomas Ashburne deced in the hands of Rawleigh Oldham deced. & make report thereof to the Court. Orderd that Lycence be granted unto John Clarke to keep an Ordinary athis house in this County for the Space of one year, he having given bond according to Law. Judgement upon Petition is granted to Samuel Blackwell & Giles Webb against Ann Haynie and Joseph Harcum for Thirteen Shillings and Eleven pence being the Ballance of a Bill which is orderd to be paid with Costs. Ordered the court be Adjourned till the second Monday in March next. Spencer Ball At a Court Held for Northumberland County the 12th day of March 1764 Present John Foushee Spencer M. Ball Gent Justices William Taite Charles Fallin Deed from Richard Kenner & Hannah his wife of the one part to William Taite Gt. of the other part with the receipt thereof Indorsed was Acknowledged by the sd. Kenner and admitted to Record. Together with the Cannon & Return thereto Annexed. A Deed from John Webb and Winefred his wife of the one part to Absolum Williams of the other part was proved by the oaths of John Throp, John Smith, and Ephraim Williams three of the Witnesses thereto & Admitted to Record. Beverly Keeve, John Webb and William Pickren are appointed to possess Ewell Alexander with the Estate of Rodham White in the hands of Simon White & make report thereof to the Court. Judgment upon Petition is granted to Mesrs Hunter Campbell & Compa. against Charles Carter for Twenty four Shillings and Eleven pence half penny with Interest on the same at the rate of 5 per cent per annum to be Computed from the10th day of September 1763 till the time of payment, which is orderd to be paid with Costs. Page 272 12 March 1764 Ordered that the Churchwardens of St. Stephen’s Parish for the time being bind out John Brown orphan of William Brown deced’ according to Law. A Deed of Gift from John Denny to John Denny Junr. was Proved by the Oaths of Chas. Fallen & Charles Fallen Junr. two of the Witnesses thereto & Continued for further proof. Meredith Nelms orphan of Aron Nelms deced made Choice of Samuel Smith for his Guardian who is approved of by the Court, he the sd. Samuel together with Richard Nutt his Security having enter into & Acknowledg’d bond for the Estate of the sd. Orphan in the Penalty of L 200. Ordered that the Churchwardens of St. Stephen’s Parish for the time being bind out Rodham Samuel and Shapleigh French orphans of John French deced’ according to Law. Daniel Betts, Richard Nutt and William Butcher are appointed to possess Samuel Smith with the Estate of Meredith Nelms orphan of Aron Nelms deced in the hands of John Bearcroft, and make report thereof to the Court. On the Petition of Robuck Hudson against George Haynie for his Freedom, It apears to the Court that the sd. Robuck is not free untill the Expiration of Thirty three days from this date. A Bill of Sale from Charles Jones to David Morgan was Proved by the Oath of Kendall Lee one of the Witnesses thereto & Continued for further proof. On the Motion of Thomasin Hammond who made Oath according to Law Certificate is granted her for Obtaining Letters of Administration of the Estate of Gedion Hammond deced in due form Giving Security, Whereupon she together with Henry Haynie & Jesse Alexander her Securities enter’d into & Acknowledged bond for the due Admon of the sd. Decedts. Estate. Spencer Corbell, Thomas Cotrell, Nicholas Hughlett and David Pickren or any three of them are appointed to appraise on Oath in Currt. money the slaves, if any, and personal Estate of Gedion Hammond deced. that shall be presented to their View. And return an Inventory thereof to the next Court. A Deed from Joseph Justice and Christopher Neale to Robert Woddrop was proved by the oaths of John Leland and Thomas Edwards two of the Witnesses thereto And Admitted to Record. John Bentley ........................................ Plt. vs. In Trespass George Ingram................................ Def t. Dismissed being agreed by the parties. Page 273 12 March 1764 William Downman and Willoughby Churchill having obtained an attachment against the Estate of Charles Colston who is said to be absconded that the common Process of Law Cannot be Served upon him for two hundred and five pounds of Tobo. and Seventy one pounds Eleven Shillings and Eight pence currt. money And the Sherriff of this County having made return that by virtue of the sd. attachment he hath attached of the sd. Colston’s Estate Five Empty Tobacco Hogsheads. Whereupon the sd. Downman & Churchill Proving their demand to be Just. It is considerd by the Court that they recover against the said Charles Colston the said Two hundred and five pounds of tobo. and Seventy one pounds Eleven Shillings and eight pence together with their Costs by them in this behalf Expended. And it is orderd that the Sherriff make Sale of the Attached Effects According to Law & pay the Produce thereof to the said Downman and Churchill, towards Discharging this Judgment Returning an Account of such sale to the Court Robert Woddrop ......................................................... Plt. vs. In Debt Christopher Garlington, Ann Conway, John Foushee Gent & Sarah Ann his wife, George Conway & Elizabeth his Wife William Taylor and Samuel Garlington .......................... Deftts This day came as well the Pl.t. by his attorney as all the Defts (Except Christ Garlington) in their proper persons who say that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover agst the said Defendts. (Except the sd. Christ Garlington) the Debt in the Declaration mentioned amounting to Two hundred pounds Currt. money Together with his Costs by him in this behalf expended And the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of One hundred pounds Currt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 20th day of November 1763 till the time of payment. And his Suit with respect to Christopher Garlington is Discontinued he having no Residence in this County. A Bill of Sale from John Williams & al. to William Jones was Proved by two of the Witnesses thereto& Admitted to Record. Report of Possessing William Ashburn & James Booth with their Estates was This day returned & orderd to be Recorded. Page 274 12 March 1764 It appearing to the Court that Sinah Scallion a Servant Woman belonging to William Greenwood is not yet free (as before have been Represented) It is order’d that she forthwith return to her sd. Master & Serve according to Law. On the motion of William Flood Gt. a Dadimus is granted him to take the Deposition of Capt. James Lowes in the Suit bro’t against him by McKittrick & Compa. On the motion of Judith Kenner a Dadimus is granted him to take the Deposition of John Newton Gt. in the Suit bro’t by her against Winder Kender. On the motion of Hopkins Harding a Dadimus is granted him to take the Deposition of David Fluker in the Suit bro’t by him agst. Peter Beane & John Hill. William Lattimore ........................................ Plt. vs. In Debt Joseph Dameron.......................... Def t. This day came as well the Pl.t. by his attorney as the Deft. in his proper person. who together with Travers Downman his Security saith that they cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. and the sd. Travers Downman the debt in the Declaration mentioned amounting to Sixty six pounds Currt. money together with his costs by him in this behalf expended and the sd. Deft. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of with Interest on the same at the rate of 5 per cent per annum to be Computed from the day of till the time of payment. Upon the information of the Churchwardens of St. Stephens Parish against Anne Boyle for having a Bastard child. It is order’d that the Sherriff take her into custody & Cause her to appear at the next Court to Answer the same. Ordered the court be Adjourned till the second Monday in January next. John Foushee Memorandum That at the Courthouse of Northumberland County on the 26th day of March in the year of the Reign of our Sovereign Lord George the third Anno: Dom: 1764 His Majesties Commission under the Seale of this Colony bearing date the 17th day of this Instant Directed to Spencer Ball, John Foushee, George Ball, William Taite, Richard Hull, Thomas Gaskins, John Eustace Joseph McAdam, Spencer M. Ball, Rodham Kenner, Winder Kenner, Saml. Blackwell Charles Fallin and George Payne Gent. or any four or more of them, whereof the said Spencer Ball, John Foushee, Georg. Ball, William Taite, Richard Hull, Thos. Gaskins or John Eustace Should be one to hear & Determine Treasons, Petit Treasons or Page 275 12 March 1764 Misprisions thereof Felonies, murders or other Offenses whatsoever Committed or perpetrated within the county Aforesaid by Stephen a Negro boy Slave belonging to the Estate of Samuel Blackwell Gent. deced was openly read together with his Majesties Dedimus Potestation for Administering the Oaths etc. to the sd. Commissioners, Whereupon Thomas Gaskins Purusant to the said Dedimus had the Oaths appointed by Act of Parliament to be taken instead of the oaths of Allegiance and Supremacy the Abjuration and Test Administed to him by the said Charles Fallin and George Payne, which he took and then Subscribed the said last mentioned Oaths as also the Test and took the oath of a Justice of Oyer & Terminer which was also Administered to him by the sd. Charles Fallen & George Payne. And then the sd. Thomas Gaskins Aministered to the sd. John Foushee, William Taite, Richard Hull, Charles Fallen & George Payne all the above mentioned Oaths which they took & Severally Subscribed the Abjuration Oath and the Test. The Court being thus Constituted David Boyd attorney of or Lord the King who for our sd. Lord the King in this behalf Prosecutes comes into Court in his proper person on the 26th day of March aforesd. at the Courthouse Aforesaid before the sd. John Foushee, William Taite Richard Hull, Thomas Gaskins, Chalres Fallen & George Payne Justices as afsd. And gives the court to understand and be Informed that Stephen a negro boy Slave belonging to the estate of Saml. Blackwell Gt. deced. on the 9th day of March 1764. The house of Isaac Haynie of the sd. County of Northumberland did break and Enter, And thereout did take sundry goods. to wit, One Shirt, one Apron, one Handkerchief, one pair of Stockings, two balls of Shoe thread, one Wallet & one Cap of the value of Twenty Shillings Currt. money of Virginia against the Peace of our sd. Lord the King his Crown & Dignity Whereupon the sd. Stephen was Instantly led to the Barr under the custody of Newton Keene Gent, Sheriff of the County afsd. (to whose care for the Cause afsd. he was committd) And being Arraingned of the Premises he said he was in no wise thereof Guilty, Upon which Divers Witensses were produced Sworn & Examined agst. the sd. Stephen & he was fully heard in his own defense. Whereupon it is Consider’d by the Court that the sd. Stephen for the Offence Aforesaid receive on his bare back Thirty nine Lashes well laid on at the Publick Whiping Post of the sd. County & be dischargd out of Custody. And it is said to the Sherriff that he Cause Imediate Execution thereof to be done. Ordered this Court be Disolved. John Foushee. Page 276 26 March 1764 At a Court Held for Northumberland County the 9th day of April 1764 Present Spencer Ball Richard Hull John Foushee John Eustace Gent Justices William Taite Charles Fallen Ordered that the sheriff summon Twenty four of the most Capable Freeholders of this County to appear here on the Second Monday in May next to serve as a Grand Jury of Inquest for the body of this County. A Deed from Peter Lamkin and Winefred his wife of the one part To John Shearman Woodcock of the other part, with a Memorandum of the Livery of Seizen thereon Indorsed was Acknowledged by the sd. Peter Lamkin and Admitted to Record, previous to which the sd. Winefred being first Privately Examined freely Relinquished her right of Dower in the Premises thereby Conveyed. Upon the information of the Churchwardens of St. Stephens Parish against Mary Ensore for having a Bastard child. It is order’d that the Sherriff Cause her to appear at the next Court to Answer the same. John Wornum having taken the Usual Oaths to his Majesty’s Person & Government & Subscribed the Abjuration Oath and the Test, was on the motion of Newton Keene Gent. Sherriff of this County Sworn & Admitted his under Sherriff. And then the sd. Wornum took the Oath appointed by the Tobo. Law. A Deed from Charles Baylis and Sarah Baylis his wife of the one part To Richard Hull Gent. of the other part, with the receipt attached was Acknowledged by the sd. Charles Baylis and Admitted to Record, previous to which the sd. Sarah being first Privately Examd. freely Relinquished her right of Dower in the Premises thereby Conveyed. John Williams ......................................... Plt. vs. In Debt Richard Kenner........................................ Def t. Dismissed by Consent of parties, Deft. paying Costs. Anne Mahanes, orphan of Samuel Mahanes deced Chose Thomas Harvey for her Guardian who is approved of by the Court. He the sd. Thomas together with Onep. Harvey and John Mahanes his Securities having enterd into & Acknowledged bond for the Estate of the sd. orphan in the penalty of L 500. George Ball Gent. Travers Downman and John Mahanes are appointed to possess Thomas Harvey with the Estate of Anne Mahanes orphan of Samuel Mahanes deced. in the hands of William Mott. And make report thereof to the Court. David Galloway ......................................... Plt. vs. In Case Charles Bailey........................................ Def t. Dismissed, being agreed by the parties Page 277 9 April 1764 Upon the motion of John Foushee Gent. It is orderd that Execution Issue against Lewis Lamkin, upon a bond enter’d into by the said Lamkin and Newton Keene for part of the Estate of the said Lamkin taken in Execution to Satisfie a Judgment obtained against the said Lewis Lamkin & Newton Keene by the Aforesaid John Foushee & restored with Costs. and that no security be taken the sd. Lamkin having had ten days Notice hereof according to Law. On the motion of Judith Blundall. It is ordered that John Corbell & William Lancaster pay to the sd. Judith the Estate of the Orphans of Elijah Blundall deced (deliverd to them by order of this Court) Sufficient to Satisfie her Account agst. the sd. Estate, And John Williams, James Daughity, and James Sims are appointed to possess her with the same & make report thereof to the Court. A Deed of Gift from John Denny to his Children was this day further Proved by the Oath of Elizabeth Bennet one of the Witnesses thereto & admitted to Record A Bond from John Denny Junr. to John Denny was Acknowledged by the sd. Jon Denny Junr. & Admitted to Record. Onesiphorus Dameron is by the Court appointed Constable in the room of William Mott. Grace Curtice orphan of Benjamen Curtice deced made Choice of John Nutt for her Guardian who is approved of by the Court. he the sd. John Together with Jesse Robinson and Nargail Palmer his Securities having enterd into & Acknowledged bond fo the Estate of the sd. Orphan in the Penalty of L 500. Jno. S. Woodcock, Neddy Barnes, William Bailey and James Claughton or any three of them are appointed to View the road Leading to Thomas Jones’ Mill & make report there of on Oath to the Court. Rodham Neale ......................................... Plt. vs. Upon Processrs Return Rodham Kenner........................... Def t. By consent of parties by their attornies. It is orderd that the Surveyor of this County in Company of an Able Jury of the Freeholders of the sd. County who are no ways Concerned by Affinity, Consanguinity or Interest, nor liable to any other Just Exception to be Summoned by the Sheriff and Sworn before a Justice of this County, do go upon the Lands in Controversy on Thursday the 19th of this Instant if fair, if not the next fair day. And survey & lay out the same as each party would have it. & as the sd. Jury Shall think fit having regard to all patents & Evidence that should be produced by either party. And it is further orderd that the Sheriff of this County do Attend the sd. Survey & remove force if any Offer’d. And that the Surveyor return such Survey to the next Court after the same Shall be made. Page 278 9 April 1764 Judgement upon petition is granted to Edward Shepherd against Sarah Ann Hack Admor. of Peter Spencer Hack deced for Four pounds Nineteen Shillings and Six pence due by Account which is orderd to be paid with Costs if???? etc. Robert Woodrop ........................................ Plt. vs. In Case George Bertie........................................ Def t. This day came as well the Plt. by his attorney as the Def t. in his proper person, And the said Def t. Acknowledges the Plts Action for Twelve pounds and nine pence half penney. Therefore (with the Plts Assent) it is considerd by the Court that he recover against the sd. Def t. the sd. Twelve pounds and nine pence half penney together with his Costs by him in this behalf Expended. And the Pl.t. agrees to Stay Execution till May 1765. An Inventory and Appraisment of the Estate of Elizabeth Harford deced was this day Returned and order’d to be Recorded. A Report of Possessing Elias Edmunds with the Estate of Mary Garner orphan of Parish Garner deced was this day returned & order’d to be Recorded. Anthony McKittrick and Compa.......................................... Plt. vs. In Debt William Campbell........................................ Def t. This day came as well the Pl.t. by his attorney and the Defs. in his proper persons. And the sd. Deft. saith that he cannot gainsay the Action of the Plt. Therefore it is Considered by the Court that the Plt. recover against the said Deft. the Debt in the Declaration mentioned amounting to Twelve pounds Currt. money together with his costs by them in this behalf expended and the sd. Defts. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Six pounds Currt. money with Interest on the same at the rate of 5 per cent per annum to be Computed from the 11th day of August 1763 till the time of payment. (no Lawyers ffee). Upon the motion of George Raynolds Execor. of John Raynolds deced. It is order’d that Execution Issue against Robert Clarke and Samuel Steele upon a bond enterd into by the said Clarke and Steele, for part of the Estate of the sd. Clarke taken in Execution to Satisfie a Judgment obtained agst the sd. Clarke by the aforesd. George Raynolds and Restored with Costs, And that no Security be taken the Obligors having had ten days Notice hereof according to Law. John Wroe Execor. of George Harvey deced having obtained an Attachment against the Estate of Charles Colston, who is said to be Absconded that Common Process Cannot be served upon, and the Sheriff having made return that he could find no Estate belonging to the sd. Colston, this Attachment is Dismissed. Page 279 9 April 1764 A Deed and Bond from John Rogers and Lucretia his wife of the one part To William Downing of the other part, with the Memorandum of the Livery of Seizen thereon Indorsed was Aknowledged by the sd. Jno. Rogers & Admitted to Record. Previous to which the sd. Lucretia being first Privately Examined freely Relinquished her right of Dower in the Premises thereby Conveyed. Judgment upon Petition is granted to Daniel Betts against Thomas Cammell for Five pounds Currt. money due by Account which is orderd to be paid wth Costs. Orderd that Daniel Betts pay unto Daniel Wilkins Seventy five pounds of tobo. for three days Attendance at this Court as a Witness for him agst. Thos. Cammell Orderd that Daniel Betts pay unto James Blackwell Seventy five pounds of tobo. for three days Attendance at this Court as a Witness for him agst. Thos. Cammell Richard Taylor, Charles Copedge and John Hunton are appointed to possess John Nutt with the Estate of Grace Curtice in the hands of Thomas Yerby & make report thereof to the Court. Samuel Blackwell and Giles Webb ................. Plts. vs. In Debt James Templeman & William Kesterson......... Def ts. Joseph Harcum & John Berry of this County undertakes for the Def ts. that in case they shall be Cast in this suit they the sd. Def ts. will pay the Condemnation of the Court or render their Bodies to prison in Execution for the same or that they the said Harcum and Berry will pay the said Condemnation or render the Bodies of the sd. Def ts. as afsd. Whereupon the said Def ts. say that they cannot gainsay the Action of the Plts. Therefore it is Considered by the Court that the Plts. recover against the said Defts. the debt in the Declaration mentioned amounting to Ten pounds Seven Shillings & four pence together with their costs by them in this behalf expended and the said Defts. in mercy etc. But this Judgment (the costs excepted) is to be discharged by the payment of Two pounds three Shillings and eight pence with Interest on the same at the rate of 5 per cent per annum to be Computed from the first day of March 1763 till the time of payment. Samuel Blackwell and Giles Webb ................. Plts. vs. In Debt Winefred Berry and John Berry.................... Def ts. Dismissed by Consent of parties Def ts. paying Costs Page 280 9 April 1764 Additional Comments: Pasted through automated forms by file manager from CD submission. File at: http://files.usgwarchives.net/va/northumberland/court/17621766527gwl.txt This file has been created by a form at http://www.genrecords.org/vafiles/ File size: 98.0 Kb