Saturday, March 27, 2021

Further Back Blackshears (Week 12)

Tracing Back the Blackshear Line, part 25

Today we are back to looking at the life of  Alexander Blackshear.  The last time we talked about him, it was 1754.  That was weeks ago (okay, okay, months), so I think we had better do a quick review.

Alexander Blackshear left Delaware and moved to North Carolina sometime during the 1740's.  We know this because he and his wife Agnes were last seen in Delaware on the 14th day of May, 1741, when they went into court to prove the deed to the land that they had sold three months earlier.  The next time we find him in the records was in Craven County, when he witnessed the will of John Fillyaw on August 31, 1747.

Now, earlier I had told you that the next time he showed up in the records was in March of 1748, when he received a warrant for a survey of 100 acres that he thought was in Onslow County, but was actually in Craven County.  But, while looking through all of those court minutes over the past few weeks, I actually found two entries dated 1747.  Here is the first one:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1747*

This shows that Alexander Blackshear appeared in court to give his oath as a witness that the will of John Fillyaw was valid.  I put the whole page up so that you could see the top portion with the date.  It says, "the third Tuesday of March, being the 15th day of said Month in the Year of Our Lord One thousand Seven hundred & forty Seven."

(Please imagine the sound of a record scratching now.)

March of 1747?!?!  I thought the will was barely made in August of 1747?  Oh, that's right.  There was that whole Julian calendar mess where the first of the year was March 25th in the colonies up until 1752.  Okay then.  So this was March of the year that everywhere else considered to be 1748. (That makes a whole lot more sense!)

But now we have to backtrack, because the other entry was from September of 1747, which was really . . . 1747.  One month after Alexander witnessed the will, and six months before he appeared in court to prove it.

Craven County, NC
Court of Pleas & Quarter Sessions
September 1747

This one needed a whole lot of editing to get the top readable.  It says, "that Sundry Persons as underneath inserted having been duly warned to give in their Lists of Tithables for the year 1746 failed to do the same.  Ordered that a Sumons issue to Compel the said Delinquents to appear at the next Court to Show Cause why they did not give in their List of Tithables."  And then, about halfway down in the central column, it shows Alexander's name.  He was one of 58 men who did not turn in their list of taxable persons for the year 1746.  Now, maybe Alexander hadn't been in town very long and, not having any sons old enough to be taxed yet, didn't think he needed to submit a list. (North Carolina required all males over 16 to be taxed, and Delaware, where he had come from, at that time didn't tax males until 21 unless they owned property!)  But then again, maybe not.  It appears that not only did these men not turn in their lists, but it looks like they also did not pay the taxes owed either, because this is calling them all delinquents.  

So what we have here is a new piece of evidence that shows that Alexander Blackshear was already in Craven County by 1746.  I looked up the tax law for the time (and let me tell you, that was not an easy endeavor!) and it appears that in 1746 they were still operating under the 1722 law.  That law stated that, within five days after June 30 (it was changed to May in 1750), all constables had to go door to door in their district and ask each person for a written list of tithables.  A complete list of all households and their tithables then had to be submitted by the constable, along with a list of anyone thought to be "concealing" their taxables, to the county sheriff by the 5th of August, and then the taxes were collected between the first day of January and last day of April in the following year.

(And, on a side note, you would not believe how many things I found today, just one day after I put up my post about the court minutes, that answered so many of the questions I had!  For example, I came across a whole article about North Carolina constables - it was quite enlightening and also NOT boring, so you should read it, and if you decide to do so, you can find it here.)

I also found a 1740 law about taxes on people who were not white, or white people married to non-whites, and it was saying something about them having to pay the tax as long as they entered the province by the first of June.  So, I think June 1st might have been the cutoff date each year.

This tells us that Alexander was already settled in Craven County by June 1st of 1746.  (Not only would he have had to have a door for the constable to come knocking on (meaning his own house), but I think that if the constable knocked on Alexander's door and Alexander told him that he barely moved into the county in the past month, the constable wouldn't have put him on the list of delinquents.)  

Do you all remember that 1748 document from the Robert Blackshire in Craven County who was asking to be excused from paying taxes because he had been in poor health for the previous eighteen months?   And do you remember how I said that, if that Robert was Alexander's father, then they would have had to have made the move to North Carolina before he became in poor health, because who in their right mind would drag an ailing parent on a move of 355 miles in colonial America?   Well, eighteen months before March 1747/48 would have been October of 1746, but a smart man would have made the move well before winter.  So.  The fact that we know for certain that Alexander was in Craven County by that time is one more bit of evidence to lend credence to the idea that Robert Blackshaw/Blackshire did not die in Kent County, Delaware, but instead moved with his son to Craven County.  (I'm just saying!)

But just because we have no evidence that he was there earlier, doesn't mean that he wasn't.  I actually found the article that I had read way back when about land acquisition and surveying in early Pennsylvania (which included Delaware), and it had this to say:
Eventually, as the frontier stretched further away from Philadelphia, the likelihood increased that purchasers would squat upon and improve lands first before requesting an official application. Squatters could sell their improvements, such as clearings, fences, cabins and outbuildings, which could be worth up to ten times the purchase price. These sales often took place after the squatter had attained a warrant but before formally patenting the land. Courts typically recognized squatters’ rights to first purchase of a tract of land if the squatter had “quiet possession” (uncontested use) of the claimed land for seven or more years.
As I've mentioned before, due to the large gap in years between the commonly accepted birth date for Alexander and the first record of his obtaining land, I think is is quite possible that Alexander did just such a thing back in Delaware.  And if he did, or did not but was used to seeing people do so, he might have figured that he could do the same when he arrived in North Carolina.  The fact that people were still obtaining substantial patents in the area into the 1760's tells us that there was plenty of land to be had in the 1740's, so probably nobody would have complained. 

Okay.  So then 1750 rolled around and Alexander had 100 acres of land, a wife, and 6 children, one (or possibly two) of whom was a teenage son, and one a teenage daughter who had either just married or would be marrying quite soon.  We next see Alexander in the records in 1754.

Ah, 1754.  Alexander had acquired another daughter by this time, giving him seven (living) children, but his oldest son James had gone out on his own the previous year.  His son Elisha was now definitely a teenager, as was another one of his daughters.  

In March of that year, Alexander received another land grant of 100 acres, and he also purchased an additional 181 acres.  (If you missed my earlier post about it, you can read it here.)  And then, in May, this was recorded in the court minutes:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1754
Alexander was appointed to be a road commissioner.  In my last post, I mentioned that a road commissioner and an overseer appeared to be the same thing.  However, one of the things I accidentally stumbled upon online today was an article all about this topic.  It said that different counties used different systems at different times, but basically in one system the county court (meaning the justices of the peace) determined what roads needed to be constructed and where, and then they would tell a jury or an overseer to lay out and supervise the building of it.  In the other system, the court would appoint commissioners, who would then determine when and where roads should be made.  According to the article, Craven County did not adopt the commissioner system until 1758, but I looked back at the entries I downloaded and it appears that the ones from the 1740's always uses the term commissioner (even though the court was directing them when and where to put the roads and bridges), and in the 1760's primarily used the term overseer, even though those men were sometimes allowed to choose the exact course of the road on their own.  I also saw the appointment of a road jury for the first time in the minutes from the 1760's, whereas previously they appointed a single man to lay out a road.  So it appears that Craven County used a combination of the two systems and applied the terms for the men in charge interchangeably. 

Why does this matter?  Well, according to the article I just found, which is called "To Ride the Wood Mare: Road Building and Militia Service in Colonial North Carolina 1740-1775," it was usually men of different ranks in society who served in these roles, with the commissioner having a slightly higher status than an overseer.  However, both positions entailed “few discretionary powers but with some limited authority over subordinates” and “both of these middle-rung officers normally were chosen from the ranks of smaller and middling property holders.”  

This makes sense, since Alexander had about 400 acres of land at this time, but some of his "neighbors" had well over 1000.  (Those would be the men who got the positions with real power - justice of the peace and sheriff.)   

(The article goes on to talk about how the actual road work was generally performed by people of the lower classes and slaves, due to the various exemptions that allowed men of the upper and upper middle class to be free of the responsibility.  The article is much more academic - translate as boring - than the one about constables, but it is pretty enlightening, so those of you who enjoy studying history should check it out, here.)

Anyway, Alexander Blackshear must have been well-respected as a competent and responsible man, or he wouldn't have been chosen for such a position, right?

Before we move on with the rest of the 1750's, though, I did want to mention that another thing I discovered (yesterday now - I'm on day two of writing this post) is that the law allowed men to be called for up to twelve days per year to work on the roads.  Now, that doesn't sound too bad, does it?  Of course, there are surviving documents that show men in some counties complaining to the courts that they were being called up way more than this - one such complaint stated that they were being required to work every single weekend!  Now, I'm sure this wasn't the norm, but here's something to think about:  compulsory road work was basically a form of taxation.  And you know what else was, too?  Militia service, which included the regular musters.  

As I mentioned way back when, the number of musters wasn't set by law until 1758, when governor Dobbs realized in the middle of the French and Indian War that the colony's militia was an absolute mess.   He drafted a bill that "required at least eight musters per year - four for each company and four general musters per regiment."  

Did you notice the title of the article about the road commissioners up above?  To Ride the Wood Mare is a reference to a punishment used widely during the colonial period that was particularly tortuous.  In other words, the combination of road work and militia service was a terrible burden on the men (particularly men from the lower class) of colonial North Carolina, which actually had the highest tax burden of any other colony and western Europe at the time!

According to the article, each "public" muster would take about a week's time (including travel to the muster and the actual mustering).  Four "private," or local, musters generally used up another week all together.  

Wow.  That means that, in 1758 and the following years, men were spending almost two weeks a year working on the roads, and approximately five more weeks attending musters.  That's nearly two months each year that they would not be able to do their regular work!  Luckily, there were changes made to the laws in 1764, 1766, and 1774, by which time men were only required to drill twice a year.  

But we are still in the early 1750's here, so Alexander and his sons were possibly not mustering that much yet.  On the other hand, maybe they were, because they were at the beginning of the war, and I don't know about you, but if I were going to be in charge of a group of men who might get called up at any time to fight, I'd be making them practice every once in awhile!

On to 1755.  The Blacksheariana skips from Alexander's 1754 land purchase to an indenture he made in 1760.  But I actually stumbled upon something else while looking through the indexes in the front of the deed books.  (I discovered that the early books only list alphabetically for the person selling the land, so if you want to find a buyer, you have to read through all of the entries.)  

This deed can actually be found in two different books - the original, and a copy made sometime (most likely) in the 1800's.  Here is the original index page:

Craven County, NC
Deeds Index
1754-1759
I have no idea which deed book this actually came from; the microfilm wasn't even with all of the other deed and land microfilms on the FamilySearch website.  Thank goodness I wrote down the film number in my research notebook or I never would have been able to find it again to check which book it came out of.  (I try to always make note of that information in the file names when I save the images, but sometimes I forget.)  

We can see that seven lines down this says "Wallin John & Elas Wallin to Elicksandor Blacksher .... Folio 227." 

Huh.  I guess the name Alexander was rare enough that every once in a while somebody had no idea how to actually spell it. (Remember the "Elexander" in the Benjamin Simmons documents?)



We can also see that his last name was spelled wrong as well, and one of the sellers was supposedly named "Elas."  Now, here is the later copy of the index:

Craven County, NC
Deed Books 9-10
Index, 1753-1763


Oh, so now we have "Alis" selling land to "Elcksander Blackson."

No wonder the Blacksheariana missed this!  Sometimes looking at multiple copies of the same document feels like playing telephone.  The two copies of the actual deed have the same problems with the spelling.  The copy called him Elicksander Blacksore, Blacksher, Blackson, and John's wife Elias or Ales.  All in the same document!  Of course the original called him Elicksander Blacksire, Blacksher, blackser, and even blacksee!  Here is the original deed:
(Do you see how my picture captions are suddenly different?  Do you know that Blogger "upgraded" everyone to its new format a few months ago, and although I am ecstatic that I can now drag pictures into any size I desire, the code to put multiple pictures in a row on the page doesn't work anymore.  I just spent three hours looking up and trying suggestions of patches before I finally found a combination of code snippets that actually did the trick!  Of course, then I discovered that I had accidentally done something that made my sentences type backwards . . . oy!  As you can see, I finally fixed that too!)

Okay.  This deed, just like most earlier deeds is really, really wordy.  I don't know why they thought all of that "appurtenances priviledge and advantage to the same belonging or appertaining" and "to all and singular the said land Premises Every part and parcel thereof" and "in his own Right of a good sure and absolute Estate of Inheritance in fee Simple of and in all the Premises aforesaid" stuff was necessary. 

The deed was signed on November 22, 1755.  It was the first deed in which Alexander was named as a planter, a change in status that undoubtedly contributed to his appointment as a road commissioner.  The purchase was of 50 acres and the parcel was Alexander's first on the north side of the Trent River.  We don't know how much he paid for the tract, because the clerk wrote out all the words and forgot to go back and fill in the amount.  It does say "proclamation money," though, so we know he didn't pay in silver or commodities.  The deed was witnessed by three men, one of whom was Alexander's son, James.

And here, from February of 1756, is the entry in the court minutes showing that the deed was proved and registered:

Craven County, NC
Court of Pleas & Quarter Sessions
February 1756

Then, in February 1759, we see Alexander again, in this entry:

Craven County, NC
Court of Pleas & Quarter Sessions
February 1759

This page shows the men who were summoned to serve on the grand jury.  There were twenty-three men called.  Eleven of the men have a little x next to their name.  I am guessing that the x means that they showed up, but were not chosen and sworn in.  

There are two reasons why I am thinking this.  First, the minutes always say "a  jury of twelve good men."  Second, there were three men on this list who were excused - two say "Excused," and one says "Excused being Sick."  All three of those names are preceded with the x.  (Besides, don't we usually use an x to mean that something has been crossed out?)

I find it interesting that Alexander was called for the grand jury, not the petit jury.  This tells us that he was respected for his wisdom and good judgement - remember how I mentioned a few weeks ago that sometimes multiple justices of the peace sat on the grand jury.  (I actually have another reason for saying this, and I'll share it in just a bit.)  Oh, and I think that this was actually for the Superior Court, not the Court of Pleas & Quarter Sessions, which was the Inferior Court - none of the lists from the 1750's specified this, but the ones from the 1760's did.


And in the same term of court:

Craven County, NC
Court of Pleas & Quarter Sessions
February 1759

Here we see Overseers of the Roads being appointed for twelve of the districts in the county.  (This order of business was done in the afternoon, but prior to the midday adjournment, twenty-six other road overseers were appointed.  This makes me think that, at least in this case, an overseer was just somebody who was in charge of maintaining already existing roads, bridges, and creeks.)

Alexander is the second one on the list, and it says that he was to serve from Crooked Run to the Royal Oak.  (What is it with these guys and their trees?!)

I looked up the location of Crooked Run, and was surprised to discover that it begins (well, technically ends, I guess, since it feeds into the Trent River at that point) on the southeast corner of the modern town of Trent in Jones County.  Of course, back in 1758 neither Jones County nor the town of Trent existed yet, but the "stream" is still a ways farther east than I was expecting it to be.  

That's because Alexander's 1754 purchase of land was east of Cypress Creek, closer to the modern town of Comfort, and his previous two tracts of land were even further west of that.  You can see on the map below the two (modern) towns and the two creeks marked in red:   

There is approximately five to six miles between the two creeks, which at first seemed like a huge distance to me, but I guess doesn't sound so bad when I really think about it, considering that there may have only been one or two roads to maintain, one creek to clear, and maybe one bridge in that whole area.  (Of course, since we don't know where that Royal Oak sat, his district could have stretched east of Cypress Creek as well, but I don't thinks so because some other guy had the district from Cypress Creek to John Fillyaw's property, and John Fillyaw was a neighbor of Alexander when he had only his first tract of land further west on Rattlesnake Branch.)

Then, on May 9th of the same year, Alexander was once again mentioned in the court minutes:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1759

This is pretty hard to read.  I had to blow it up really big to figure out what it says, which is, "Ordered that Alexander Blackshire heretofore appointed Overseer of the Road leading from Crooked Runn to the Royal Oak be Discharged from his being Overseer of the said Road that part of the road leading from Crooked Runn to the Branch next below Phillip Miller's and That he Continue to serve as Overseer from the Branch next below Phillip Miller's to the Royal Oak [including] and that Humphry Wilks serve as an overseer of the Road leading from Crooked Run to the Branch next Below Phillip Miller's including the said Branch."  


So, apparently, Alexander's district was too large for one man to manage, so the courts divided it into two sections, with Alexander remaining overseer of one (southern? western?) section, and Humphry Wilks (who just so happened to own 300 acres at a place called Crooked Meadow) overseeing the other section.  Now, I just can't control my curiosity, so after looking up the deed record for Humphry Wilks, I looked up the deed for Phillip Miller (who was a cooper) which had a worthless description aside from the fact that it named the original patent holder, so I looked up the patent and lo and behold, I discovered that it was on Indian Branch . . . which is no longer on any modern maps.  So I guess I will just have to be content knowing that apparently somebody in the courts either made a mistake or somebody (Alexander, maybe?) complained that the area was too large to take care of and so they cut it in half.

Funny thing is, before I enlarged the image and tried very carefully to figure out exactly what it said, I thought he was being completely removed from the position.  Being just three months after he was appointed, I was wondering just why that might be.  (See, we should never make assumptions based on a cursory reading of an old document!)

In August of 1759 Alexander appeared in the minutes yet again:

Craven County, NC
Court of Pleas & Quarter Sessions
August 1759
Craven County, NC
Court of Pleas & Quarter Sessions
August 1759































(I have no idea why there is all of that empty space under the images - I can't get rid of it and still have the two images side by side. This blog template has a mind of its own!)

Here we have two lists of men.  The one on the right was on the back of the page on the left.  For some reason these don't say what they are, but I know that they are jury lists because pages just like this appeared at the beginning of each court session and they were always jury lists.  Alexander is on the list on the left, and he is the only one that says excused.  (I'm wondering if he was excused because he was busy working on a road project?)  I think that the left-hand list is for the grand jury once again, because there are several men on it who held positions of authority (like militia captain) or who came from extremely wealthy families whose members served as court justices and sheriffs.  Those seem like the kind of people the courts would want on the grand jury.  

Also, you will see that the right hand list contains the names of Alexander's son, James, as well as his son-in-law, Abraham Bailey, both younger men.  I pretty much didn't recognize any of the other names on that list (and you would be surprised how many names of the men in colonial Craven County I can actually recognize after spending so much time looking through old documents!), which means that perhaps they were mostly young men or men who did not own large amounts of property.  And those seem like the kind of people the courts would call for the petit jury.  

And that is it for the 1750's.  As the decade came to a close, Alexander was a planter with 431 acres of land.  As I mentioned in one of my first posts about him, he was probably involved in a combination of farming, raising livestock, and producing naval stores such as tar, lumber, and turpentine, all of which came from trees (you know, the ones that had to be cleared before farming could take place).

He appears to have been a well-respected member of the community and a competent leader of men - he was appointed twice to be a road commissioner/overseer, and in case anyone has forgotten or just never read my earlier post (which you can find here), he also held the position of sergeant in the militia during this time. 

By 1759, he and his wife had two young daughters (probably aged about ten and five) and at least one teenage son still living at home.  His oldest son James had recently married (his first or possibly second wife), and his oldest daughter, Eleanor, had most likely been married long enough to have given Alexander and Agnes a couple of grandchildren.  Another daughter (who was possibly named Agnes) had married, had a daughter, and died within the last couple of years.  And his son Elisha, the only one for whom we can't pin down a birth date with as much certainty as his siblings, was somewhere between the ages of 18 and 23, and was either recently or soon to be married.  (Yes, yes, I am going to have to try to figure this out!)

I would also like to throw out there that, if indeed the Robert Blackshire that I was talking about at the beginning of this post was Alexander's father, he would have died at some point during the time period that this post covers.  He would have been buried on one of the tracts of land that Alexander owned - which one would have been determined by what year he actually died and what lands Alexander had acquired by that point.  I know that he would have been buried in a family plot, because there was a law in North Carolina that was created because "the Burying of Servants privately may occasion much scandal to this Government and bring divers Innocent persons under suspicion of useing Indirect means towards the procuring such persons deaths."  

Wow.  People being suspected of conveniently murdering their servants?  And enough were dying to warrant a law being made?  The statistic that only 40 percent of indentured servants lived long enough to complete their contracts really hits home now, doesn't it?  The law stated that every plantation holder had to create a fenced-in burial plot on their property in which to bury people. (It is actually a very interesting law, which is why I shared it, and if you click here, a copy of it will open in a new window for you.)  It's no wonder that when you look at a topo map of the area there are cemeteries all over the place - and can you imagine how many now-unmarked graves are scattered across the countryside?!

But back to Alexander Blackshear - the last thing I wanted to mention is that, for some reason, the clerks of the court for pretty much the entire decade thought Alexander's last name should be spelled Blackshire.  (Hmmmm.  Just like they spelled Robert Blackshire's name . . . . I'm not letting this go, folks!)  As we'll see, this continues for a couple of years and then, during the middle of the 1760's, it begins to be written with the Blackshear spelling that would be handed down through each successive generation.

And that is exactly what we are going to delve into next time - the 1760's.  We will continue tracing Alexander's comings and goings, and we are also going to begin looking closely at his son Elisha Stout, since he is my 5th great-grandfather and all.  I'm not sure yet if I want to do the two men separately or just cover them together as we move along chronologically.  I guess I'll just start writing and see what happens.  See you then!

                                                                                                                                                Therese





Sunday, March 14, 2021

Further Back Blackshears (Week 11)

Tracing Back the Blackshear Line, part 24

In my last post, I shared excerpts from the Craven County, North Carolina minutes of the Court of Pleas and Quarter Sessions from the 1740's, 50's, and 60's.  Today we are going to pick up where we left off and get that finished.

I believe we were talking about petitions, as in, a citizen comes into court (or sends his lawyer, or sends a written paper) and makes a request of some sort.  There were an absolute ton of petitions in every single session that I looked through.

Early on, in the first few year of the 1740's, there were a lot of petitions related to improving travel, whether calling for a new road or bridge, or asking to have a ferry established, or asking for permission to operate a ferry.  Three such items were discussed in a single morning during the March 1740 session:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740

The second entry on the page tells of a man who came into court and petitioned to be allowed to operate a ferry "at his own Landing."  If you remember, I mentioned a while back that most people grabbed up land along the waterways and then used the creeks and rivers to transport their goods to the port town of Newbern for sale.  This means that most plantation owners would have had their own flat-bottomed boat tied up at their own landing.  If a man was lucky enough to have his landing near a road, why not use his scow to make some extra money ferrying people across the creek?  This man's petition was granted, and the court laid out the fees that he would be allowed to charge:  2 shillings and 6 pence for a man and horse, and half that amount for just a single person.  He was given six months to get the ferry up and running, and had to put up security of 100 pounds (!!) to ensure that he was going to do things right.

The third entry records the complaint of a citizen of the county that Great (Contentnea) Creek was not passable by a man and horse without either a bridge or ferry.  Thus, the court ordered the road commissioners on both sides of the creek to get together "the Inhabitants in Each District" to make a "good and Sufficient Bridge over the said creek at the old fording place" unless there was a more convenient location for it.  

We can really learn a lot from this entry:

Crossing rivers and creeks was quite a problem back then.
Each district of the county had a road commissioner in charge of the roads there. 
Road commissioners were also in charge of building bridges.
The people living in each district had to work on the building projects.

I guess this is a good time to take a little detour from petitions and talk a bit more about these roads.

Back up at the top of the page above, the first entry orders the road commissioners to figure out the best route and then "lay out a Road" connecting Core Landing to an already existing road and ferry across Swift Creek.  

If you remember from my post waaaay back, there just weren't very many roads in Craven County back in 1740, so that existing road was somewhat of a rarity.  As the population steadily grew and more and more people needed to be able to get to Newbern for various reasons (you know, to visit the tavern or attend court and such), petitions were made to have new roads built:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740

This says that the "upper Inhabitants of Trent River" submitted a petition to have a new road built, and two men were appointed as commissioners "to lay out the said Road" and "warn the said In Habitants to work upon Same & keep it in Repair."  This entry actually continued on the next page, which was very damaged so I won't put it up, but after a whole lot of image editing I was able to read it and it said that they would be "Exempt from the other Roade whereon they formerly worked."

I don't know if the new road was replacing an old road (this doesn't give all the details in the petition), or if a new district was going to be created for these inhabitants.  I say this because they weren't  just required to work on building the road, but had to keep it "in Repair" as well, but were no longer responsible for the one they had been maintaining.  

In the same session, we also see this:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740
This one is a little confusing, because it is either talking about the "said" (they liked to use the shorthand capital "s" with a little "d" above) West Creek, or maybe the S.W. Creek.  I never read anything else referring to a Creek by that name, but there was nothing up above to tell which creek the said creek would have been, so . . . . Of course, this is the same term of court as the two entries I just showed you, but the page this is on begins with an hour's adjournment, so maybe they are talking about the Great Contentnea Creek again, since this says that the people above the creek would join the tythables on the lower side of the creek to build a bridge.  (If it is talking about the same creek, though, I don't know why they had to say the same thing all over again!)

Anyway, what I really wanted to point out is that this says that the "Tythables" would be working on the bridge.  That means that every taxable person was required to help, which means (in case you have forgotten) any free male age 16 and upwards (to as long as a person lived, actually, unless they wrote a petition and got excused!) as well as any slaves age 12 and over. 

In the next term of court, this creek is mentioned again, when its "overseer" complained to the court:

Craven County, NC
Court of Pleas & Quarter Sessions
June 1740

Apparently the overseer was appointed to oversee the clearing of the creek, but the men that he had were "to weake" to do it all on their own.  So, the courts summoned the road commissioners from the two neighboring districts to attend a special July session of the court.  Maybe so they could be ordered to have their men help?  I can't really tell you because the microfilm images skip straight to the September term on the very next page.


Now, you might be wondering why the men might be too weak to carry out the task of cleaning the creek.  Well, for one thing, the creek just so happens to be one of the major tributaries of the Neuse River, so it isn't what we generally think of around here as a creek. 



This is what it looks like today, and don't forget, all of the watercourses were supposed to have been much deeper back then than they are today.  Also, a whole lot of trees grow in the river itself, so you could see how debris could accumulate.




This next entry, from the time period when Alexander Blackshear's children were grown, shows exactly the types of things that the road commissioners and their workers had to clear out of the creeks that they were in charge of:

Craven County, NC
Court of Pleas & Quarter Sessions
October 1764

Ah, see?  They had to clear the creeks of trees, brush, and logs.

I guess it makes sense that they were in charge of the waterways, too, seeing as how they were used for transporting goods and all, right?  And, of course, you wouldn't want downed trees accumulating against your bridge, either.

I mentioned above that they not only had to build, but also maintain roads.  I guess by the 1760's, about twenty years after the roads were first built, they were needing some improving:

Craven County, NC
Court of Pleas & Quarter Sessions
1765

This one is really hard to decipher so I'm going to tell you what I think it says.  "Ordered that the Overseers of all the Roads in the County have Inserted in their Orders that they Straighten the Roads as much as is Possible without too much Inconvenience to the Inhabitants and make the Causeways fourteen feet wide according to law and at least one foot higher in the middle than at the Edge and at least . . . . " and I have no idea what the rest of it actually says - something about the thickness and something else about the edge and I think it ends by saying "also Clear of Rocks."  I don't know if the law changed and that's why the roads needed fixing, or if all of those dirt roads had just finally deteriorated to the point where something had to be done.

This was from either the April or July term (I think April), which makes sense, because late spring/early summer seems like the logical time to call up all of the tithables for roadwork (this was ordered of ALL road commissioners) since the planting would have been finishing and there would be several months until harvest.  

Now, if you noticed, sometimes they called the people in charge of the roads commissioners, and sometimes they called them overseers.  I'm pretty sure they were just using different words for the same thing.  But I did notice that sometimes they ordered a specific person to "lay out" a road and then maintain it, so I think the road commissioners did this also.

Craven County, NC
Court of Pleas & Quarter Sessions
October 1766

It looks like "laying out" a road was kind of like surveying it, huh?  And it also looks like the overseers were given the discretion to choose the best place to build the roads and bridges.  This Wm. Foster, overseer, chose a path for the new road that went right through poor old Mr. Moore's old pasture.  I guess the law of eminent domain was alive and well back then!

Road commissioners were constantly being appointed and/or replaced for one reason or another.  Here we see a new commissioner appointed because the previous one had died:

Craven County, NC
Court of Pleas & Quarter Sessions
June 1740

Notice how the description of each district was based completely on the location of watercourses.  (For a person who has spent her entire life in central Arizona, this sure sounds strange!)



And this one is pretty typical, although the court orders didn't always give a time frame:

Craven County, NC
Court of Pleas & Quarter Sessions
1765

I guess one year was pretty standard.  Maybe that was all a person could stand, seeing as how they had to wrangle all the teenagers and grown men into showing up at the same time and working, and actually doing things right.  And especially because, as this entry tells us, they had to straighten and widen their roads "when Requisite," in addition to keeping them regularly maintained, along with the bridges and the creeks that needed clearing.  It sounds like it could have been almost a full-time job!

Okay.  Let's get back to the other types of petitions, shall we?

Oh, but first, I would like to point out that this is a perfect example of how we can have a limited understanding of a situation and then months or years later we come across something and it all suddenly makes sense.  When I was researching Alexander Blackshear's grandson, Jacob, and I was looking through information about Georgia, I learned that Alexander's other grandson, Elijah (who was some rank in the military but I forget what), was assigned the task of laying out and building a road so that his older brother, General David Blackshear, could move his troops across Georgia during the War of 1812.  At the time, I was like, so he somehow knew how to build roads, huh?  Well, now I know that pretty much every man from colonial North Carolina (where all of these grandsons grew up) had to help build and widen and straighten and maintain the roads in their own district, which means that every single one of them knew how to build a road.  Oh, and bridges too, for that matter.  (Boy, have we modern people regressed!)

On to the petitions, then.

As I mentioned in my last post, there seemed to be an outrageous number of people requesting permission to keep an ordinary.  I came across an article last week, however, that was reiterating what I had already noticed - that if you wanted to travel by land to the areas of North Carolina that were south of Craven County, you pretty much had one road to take in those earlier years, and that was the one that ran right through Newbern.  That means that, as migration into southern North Carolina picked up, there would be tons of travelers coming through.  Not only would keeping an ordinary be a profitable business venture, but they probably needed a whole lot of them.

Oh, not to mention the fact that Newbern was the county seat, so a lot of people would be coming to court.  

Oh, and actually, the town was also the capital of the colony beginning in 1746.

Oh, and it was also a very busy port town (in case you missed it when I mentioned it before, ships could sail up the Neuse River to the town.)  So there's that too.  Yeah, I guess they might have had the need for a lot of ordinaries!

The following entry is not a great copy, but for some reason it seems to be the only page that I actually downloaded and put the word "ordinary" in the file name.  (I know there are more on pages that are tagged with different topics, because I've seem them while editing the images, but I really don't feel like going back and searching for them right now!)  

Craven County, NC
Court of Pleas & Quarter Sessions
September 1747

This shows that John Arthur asked to keep an ordinary "at his Dwelling House on the Road Leading towards Nuse ferry."  It was granted, and he was given a license since he gave security (two men).  This is pretty much how they all go, except sometimes they say in their "now" dwelling house, and they often don't say where that house is located.  When I first started reading these I thought it was strange that they were keeping ordinaries in their own house, but I guess it makes sense since they would already have the building and their wife and daughters could cook for the travelers and all that.  (But still - it is a little bit weird!)

Out of all of the people requesting permission to run an ordinary, I think I only came across one petition that was denied.  The petition was from a woman (probably somewhere between 25 and 30 percent of the requests were from women, as this was something widows could do to support themselves), and it did not say that she had anyone standing in for security, so maybe that was the problem or maybe she just didn't get a chance to present that since her request was rejected.

Every once in a while somebody's permission was not renewed, or even revoked:

Craven County, NC
Court of Pleas & Quarter Sessions
April 1762

This guy was "suspended from selling Liquors by Virtue of a License heretofore granted him by this court and ordered that the same be Null and Void on account of his keeping a Very Disorderly and Irregular House."


Hmmmmm.  That could mean any number of things, couldn't it?



I actually came across a petition in a microfilm of mixed up Craven County records that was basically a bunch of random file folders that were sent to the state archives.  There is a note on the back of it saying that it was presented in the January 1767 term of court, but I went and read through the minutes from the entire term, TWICE, and there was no mention of it (makes you wonder what other things might be missing).  Anywaaaaay, the petition was from "sundry Masters of Vessels and other Subscribers hereto" meaning the people who signed the bottom, I guess, and was complaining of one "Rileigh Tavern Keeper" for keeping a "disorderly house so as to encourage common Sailors to absent themselves from Duty, to the great Hurt of Busines & Trade in general and also to the Annoyance of the public Peace & good Order of the Town, some recent Instances wherof are too well known to need repeating here." They were asking the court to provide whatever "Relief" it saw fit.  The court decided that the tavern keeper would have to post bond for good behavior and if he failed to do so, would be thrown into the gaol by the sheriff.  I sure do wish those "recent Instances" were explained.  I'm sure it would have made for some very entertaining reading! (If you are interested, you can view the original petition here.)

Here are the court-ordered rates that all ordinaries in the county had to charge back in 1743:

Craven County, NC
Court of Pleas & Quarter Sessions
1743

I think that the prices on the right are in shillings and pence.  I tried looking up online the price of wine to see if I was right, and pretty much it was a fruitless search.  

(Although, I did find two fantastic websites!  The first has one chapter of a book about Thomas Jefferson, specifically his love of wine, and it was suuuuuper interesting.  You can find it here.  The second is a website that shows the ledgers of George Washington, showing what he bought, how much it cost, and how he paid for it.  You can find it here.  

Oh!  I also found a book with comparative prices of things from 1750 to 18-something.  It was from Massachusetts, so the actual numbers are probably not accurate for North Carolina - you know, because everyone issued their own money so values weren't consistent - but it is comparative so you can see how much things cost in relation to other things.  And, it also has wages for all types of occupations!  You can find that, here.)

Anyway, we can see that the courts set ordinary prices for one night lodgings for one person, a hot or cold "Diet" (same price), pasturage for a horse for 24 hours, stabling and hay for a horse for one night (a bit more expensive), and the rest is for liquor, which, except for "Sider" and "corn" were extremely expensive.  

So, thinking back to Alexander Blackshear's trip from Delaware to North Carolina sometime during the 1740's, he probably would have had no trouble finding an ordinary in which his family could spend each night, but the cost over a few weeks for so many people (and don't forget his horses) would really add up!

I found another listing of ordinary rates from 1757 also:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1757
Once again, I have no idea what those numbers mean, but I will  point out that those things that look like zeros with a line through them are actually eights (trust me on this one).

The weird thing about this is that, not only were most of the prices down fourteen years later, but also the price for one night's lodging was the same as pasturage for a horse, less than one night's stabling plus hay or fodder for a horse, and even less than a hot or cold meal!  Only the two varieties of punch and Indian corn liquor did not cost more.  We can see, however, that wine was still the most expensive thing offered.  

But why in the world would a night's lodgings cost so little?  

Well, that book about Thomas Jefferson had this to say:

Those tavern prices reveal much about the society of the day and the role of wine therein. They also tend to show comparative values of products. Wine, for example, was apparently something of a luxury item then, as it remains to some extent today. In nearly every county, even the worst bottle of wine cost more than a full meal or two nights' lodging. Of course, it is also true that in some ordinaries "lodging" meant sleeping four or five to a bed, crossways, so it is hard to put an accurate value on such accommodations.

The book says later that one Virginia ordinary charged a fee for "clean sheets" so I guess they were normally giving about 1-star accommodations!

Okay. So, aside from the petitions we have already looked at, there were a whole lot asking for permission to operate a ferry or build a grist mill.  But those are boring.  Really boring, in fact.  So we are going to skip looking at those.  

Here is an interesting one, though:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740

This says that the court read a petition from "a Sect of decenting [dissenting] people called Baptists" who wanted permission to build a house of worship.  Apparently the court "examined" them and they acknowledged all of the articles of the church of England except for "part of the 27th and 36" because they wanted to "preach among themselves."  I looked it up, and the 27th article is about baptism and the second part affirms the idea of christening, and the 36th deals with consecration of bishops, priests, and deacons and declares that it shall be done in the way established by King Edward the Sixth.

I guess there was no decision made by the justices, because the Baptists were in court again in the September term.  First they read some more petitions from "Several Desenting protestants":

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740

And those petitions requested that they receive the benefit of the "Act of Toleration," which was granted.  

In case anyone is wondering, the Toleration Act was passed by the British parliament in 1689, and allowed dissenting protestants to publicly worship in whatever way they saw fit, as long as they took a modified oath of allegiance. 


And we see this happening a day or two later:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740

Five of the Baptists came into court and took the "Oathes of alegiance & Supremacy" and "Subscribed to the Tests and the thirty nine Articles of Religion," except of course they did not agree to the two parts that they disagreed with.  And that was that.  The first Baptist church in Craven County, North Carolina was founded.

And then there were the petitions dealing with orphans.  There were a lot of orphans back in the day.  I mean a whole lot of orphans.  

These petitions basically fell into three categories.  First, there were the ones where someone would come into court and ask to become the guardian of an orphaned child:

Craven County, NC
Court of Pleas & Quarter Sessions
March 1740
This says that a nine year old "Infant female" was brought into court.  (Almost all of the children that the courts were calling infants were under the age of fourteen, but I actually did come across one fourteen-year old still being called an infant, so I think the word was just used to mean a minor.)  This goes on to say that she would be bound out until the age of sixteen years, and that "he is to do his Endeavor to teach her or cause her to be taught to read the Bible."  The man then had to put up securities to prove that he would be a good guardian.  If you look at the bottom paragraph on this page, you will see that the courts ordered the new guardian to "take into his Custody all the goods and Chattels" that belonged to the orphan.  So, we can see that these cases were the ones where - and this is a very important distinction - the father had left property or an estate, meaning that there was property or an estate, meaning that there was a means of support for the orphaned child.  Who wouldn't agree to take these children in?  

The next type were the ones where the orphan was already fourteen years old, in which case they had certain legal rights even though they weren't an adult yet.  In these ones, the orphan would choose their guardian:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1747



This lovely page from the minutes shows Katherina Franks, the future daughter-in-law of Alexander Blackshear, actually choosing two men to be her guardians, which I suppose just meant they were in charge of her substantial inheritance!





The third type of petition involving orphans are the ones where the child was penniless and had to be bound out to someone:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740

This doesn't say who exactly brought the orphan boy into court, just that they petitioned the court to find him a guardian.  Oops. No, it actually says "Some good Master."  This is because colonial America used the pauper apprenticeship system instead of welfare or poorhouses or orphanages.  (Well, I think that might not be technically true, because there was an entry saying that the church wardens had orphans in their care, and also one saying they were to report any orphan who didn't have a guardian, so maybe they had a temporary orphanage, or maybe the wardens themselves kept them in their own housholds!)  And, in case any of you were absent back on the day the apprenticeship system was taught, you can read the very simple explanation I wrote up while homeschooling my nieces, here.

And here is something else you should know:  Apparently, an orphan was any fatherless child.  I say this because there were numerous instances where an orphan was going to be bound out to learn a trade, and the mother was still alive:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1759

This says, "Ordered that Rachael Clerk a Widow Woman be summoned to next Court to show leave why her Children should not be Bound agreeable to Law."  So here we have children who still have a mother, but a mother who cannot support them.  The court obviously had already made the decision to bind the children out, because the woman was ordered to bring them into court so that their age could be adjudged.  This was necessary because the indenture, or contract, was written to bind the child until they came of age, and they needed to know exactly when that would be.   

Sometimes the mothers, recognizing that they could not care for their children, took a proactive approach:

Craven County, NC
Court of Pleas & Quarter Sessions
Aug 1752


Here we see a man bringing an "Orphan Boy" into court "with the Consent of his Mother," asking for the child to be bound to him.  The terms were that he would teach the boy to read, and when he became old enough to learn a trade, he would be allowed to choose whatever trade he wanted.  I think this implies that the man wasn't a tradesman himself, which means that he probably wasn't looking for an apprentice, which means that he might have been a friend or acquaintance of the boy's deceased father who either offered or was approached by the mother to provide for his care.



Now, sometimes the mother managed to hold on to her children until she got remarried.  And sometimes that worked out for the orphans, and sometimes it did not:

Craven County, NC
Court of Pleas & Quarter Sessions
Dec 1743

This is really hard to read, so I'll give you a rundown of what it says: "William Bond Informs this Court" that two orphaned sisters "doth Suffer Hardship by Reason of their father in law . . ."  Remember, the term father in law was often used to mean step-father back then.  It continues to say that "on Mature Consideration" the court decided to bind the girls out "to the said William Bond until they shall arrive at full age and to learn the said orphans to write and read in the English language & give them Sufficient meat Drink & Cloaths fit for such orphans according as the law provided."  This is pretty typical of the orders concerning female orphans during the 1740's and into the early 1750's.  Later on they quit saying all the stuff about reading and food and just mentioned the age at which they would be released.  The reason this says that they are to be taught "in the English language" is because the first settlers in the Craven County area were Swiss and German immigrants who arrived in 1710.  (Remember that deed we looked at that said Alexander Blackshear purchased land in a place called New Germany?)  These court minutes were from barely 30 years after these non-English speakers arrived, so there were undoubtedly quite a few children who were still speaking a different language at home.  

I don't know about you, but I find it a bit interesting that the same man who reported the situation was the one the children were bound to.  He could have been genuinely concerned for their welfare, or he could have wanted them for some other reason.  This doesn't say how old they were, and I know nothing about the guy, so it's impossible to guess.  

Although we usually see girls bound out as in this one, where they aren't being taught anything other than to read and write and, presumably, domestic duties, sometimes they were actually bound to learn a trade.  I came across one (I can't find it now!) where an orphan was bound out to a woman to learn the trade of shoemaker.  And then there is this one:

Craven County, NC
Court of Pleas & Quarter Sessions
1766

William MCoy took custody of six year old twins, a boy and a girl.  The boy was to learn the trade of Cooper, while the girl was to learn to be a . . . wait for it . . . Spinster.  I hope this means that she was going to learn to spin yarn, and not to be an old maid!



Since we are talking about orphan girls, here is the one that got me interested in reading these court minutes more closely: 
 
Craven County, NC
Court of Pleas & Quarter Sessions
June 1751
This one tells us that the courts read a petition from Bridget Murphy claiming that Jeremiah Murphy "was Possessed of an Orphan girl" and that she "does not find the said Orphan in Sufficient Cloath."  It goes on to say that Jeremiah Murphy came into court and proved that he was keeping her sufficiently clothed.  When I read this, I said to myself, Hmmmmm.  These two Murphys are undoubtedly related.  Was Bridget a wife?  A mother or sister?  Maybe a sister-in-law?  And then I thought to myself, Well of course he brought her into court sufficiently clothed!  He must have known why he was being called in, and even if she hadn't had proper clothing beforehand, he surely would have gotten her some before appearing before the justices!  The bottom of this says that it was "Ordered that said Orphan . . . " and the rest is on the next page.  What it said was that the orphan was allowed to remain with him.  You can see that in this next entry.  And then there is the very next order of business:

Craven County, NC
Court of Pleas & Quarter Sessions
June 1751

Oh. So Bridget Murphy had a second petition.  And this time she was asking the court to make Jeremiah Murphy hand over her share of her estate that was in his possession.  Ahhhh.  The whole situation with the orphan girl becomes a bit clearer now, doesn't it?  It looks like Jeremiah was the brother of Bridgett, and he was refusing to hand over her inheritance.  So, she reported him to the colonial version of CPS.  I guess some things never change!  (And by the way, there was another complaint against this guy in the minutes from 1754, three years later, also involving an orphan girl in his possession - possibly the same one.  It didn't give the nature of the allegation, but said that she could once again remain in his custody.)

Anyway, there were an incredible number of entries in the minutes that dealt with orphans and apprenticeship indentures.  If anyone is interested in reading more of them, I put together a document with a pretty representative sampling, and you can read it here.)  

And while we are on the topic of indentures, here is a case from the minutes that I found quite interesting: 

Craven County, NC
Court of Pleas & Quarter Sessions
August 1753


Now, this case was actually entered into the minutes a couple of pages before, but was covered with big black x's, perhaps because it was struck from the record?  The previous entry pretty much said the same thing, but was followed by a paragraph saying that the justices were in disagreement as to whether or not the case was "cognizable," which means meeting the basic criteria to be tried in that court.  


The term is often used when a court does not have jurisdiction, and I can see why some of the justices might have thought that was the case.  This says that they read a petition from a man (boy?  It doesn't say his age) who was "Held as a Servant Contrary to Law."  The entry that was struck said that somehow (it is pretty hard to read) the guy was acting as the cook on a ship and when they had sailed near Bath Town he was threatened and forced to sign an indenture for five years.  This one says that someone "imported the said Philips into this Province and sold him as a Servant."  Then the same attorney who represented the accused in the previous entry came into court and "objected to the Courts having Cognizance of this affair."  And, once again, the justices were divided on whether or not to hear the case.  




Then, six months and two terms of court later, there is this entry:

Craven County, NC
Court of Pleas & Quarter Sessions
May 1754


This says that Mr. Philips was "forced To sign an Indenture by Menaces and Threats."  He was apparently imported by one man, who sold him to another man, who in turn sold him to yet another man who still "Detained him as a servant."  Luckily for Mr. Philips, the court declared the indenture void and ordered that he be set free. 


Too bad the poor guy had to wait six months for the verdict to come down, huh?  




This is the only court case I came across dealing with a forced indenture, but there were two cases in the 1740's that involved free blacks being sold into slavery:

Craven County, NC
Court of Pleas & Quarter Sessions
1749

This case involved two men from Maryland who were "Detained as Slaves."  The case was actually continued because one of the men had somehow returned to Maryland to obtain proof that he was a freeborn person.  I don't think I came across the conclusion to this later on.  The pages might have been missing, or I might have overlooked it, or maybe the poor man was captured by somebody else and never returned to Craven County.  

The other case, I won't put up here because it is very hard to read.  It involved two freeborn black men from Virginia in the same circumstances.  That case was ruled in their favor, and it was ordered that they be given their liberty.


Black men weren't the only people being held as slaves, however.  Here is a snippet of a court case from 1766:

Craven County, NC
Court of Pleas & Quarter Sessions
April 1766

This shows that an Indian woman named Phebe received a unanimous ruling in her favor and that the despicable William Woolent was ordered to set her free. 

(And again I say, you never know, but people might be reading about your bad behavior hundreds of years later!)  Two terms of court after this, the same woman's "free" son was bound as an apprentice to learn the trade of Cooper.

Okay, what else?  I just have a few more random things to share.  How about this one:

Craven County, NC
Court of Pleas & Quarter Sessions
April 1765

This shows that four books, two about laws, one about orphans, and one a dictionary, were to be kept in the clerk's office for the use of the court and it was "ordered that the Clerk cannot Suffer the said Books to be taken out of his office by any Person whatsoever."  I thought it was funny that the end of that sentence originally said "except by one of the Bench" but that part was crossed out.  I guess they couldn't even trust their own judges to return the books when they borrowed them!



In the last couple of years of court minutes that I looked through, I started to see entries like this one:

Craven County, NC
Court of Pleas & Quarter Sessions
1765

This shows that there was a court case where one man was suing another, but it doesn't say for what.  It does say, however, that the defendant "prayed to have the Benefit of the insolvent Act."  The court agreed, and ordered that he be "discharged out of Custody."  So, I'm pretty sure he was being sued for debt.  The plaintiff asked for the case to be appealed, but the courts "on consideration refused."

All of the entries that I saw involving this Act said that the person invoking it was being held in the gaol.  (I love using that word - it is so colonial!)  

The act that these cases are referring to was actually called An Act for the Relief for poor Debtors, as to the Imprisonment of their Persons.  Funny thing is, it was passed way back in 1749, but I didn't notice anyone taking advantage of it until the 1760's.  There was one entry (which I, of course, can no longer find) that showed a man invoking the act and submitting an inventory of his estate.  This is because the act said that anyone jailed for debt with property (not counting his clothes, working tools, or arms for mustering) of a total value of less than 40 shillings could invoke the act and be let out of jail.  His debt would then be erased, but he would have to prove to the justices that he qualified under the terms of the law.  The justices could make him sell his possessions to satisfy the debt.  (We saw this happen to Alexander Blackshear's great grandson, Silas, in Texas, remember?)  The law also said that "in Case such Person shall afterwards be discovered to have sworn falsely, he shall be indicted for Perjury; and if convicted, shall lose both his Ears in the Pillory, and be liable to satisfy the Debt and Damages."  (Huh. They really liked going for the ears back then, didn't they?)  The law has some other provisions, and anyone who wants to read it can find it here.)

Here is another entry I found interesting:

Craven County, NC
Court of Pleas & Quarter Sessions
1765


People in Craven County were getting paid for for every wolf scalp they produced.  The area was heavily forested, so I guess they were having quite the problem with wolves killing their livestock.  We saw the same thing happening in Taylor County, Texas when W. C. Cheatham lived there.




And now for the last topic - How women were really viewed by men in colonial society:

Craven County, NC
Court of Pleas & Quarter Sessions
September 1740
This is one of the earliest entries I copied.  It shows that a woman, Salome Calvert, was the executrix for her deceased husband's estate.  It also shows that she took an inventory of the estate and submitted it to the courts.  A significant portion of the minutes is devoted to the settling of estates after a person died, and what I've noticed is that an awful lot of woman were named in their husbands will as their executrix.  Now, sometimes a man would name his friend, or brother, or grown son, but a large number of them did not.  For example, during one term of court in 1761, out of the ten entries dealing with estates, six of them had a female administrator and one had dual administrators - one woman and one man.  Of the remaining three, two had the wives of the deceased being called into court to tell any reason why a certain man should not be appointed to administer their deceased husband's estate. 

All of this tells me that most men were pretty confident in the competency of their wives.  And men were pretty confident in the competency of women in general, or they wouldn't be allowing them to administer these estates.  

So, I think we should all consider the idea that women in colonial times were not seen as being incapable, but instead were viewed as having a certain place, and allowing them to hold jobs or vote would be upsetting the natural order of things.  (Just my two cents!)

Well, I think that about does it.  I just have one more thing to show you:

Craven County, NC
Court of Pleas & Quarter Sessions
1748

This type of entry showed up a lot in the minutes from the 1740's.  Men were coming in left and right to report their "Rights."  This man reported that his rights consisted of three whites besides himself.  But what does that even mean?  What was this right?  Well, after an hour of searching online, I still can't tell you.  I have two theories, but I haven't been able to confirm either one.  (If anybody knows, send me an email!)  

Okay. Theory Number One: This is referring to headrights.  Headrights were grants of land, usually of 50 acres but sometimes for as much as 1,000 that was granted to any person who transported someone into the colonies.  This was mostly used in the southern colonies, where they really needed people, and was an incentive to get indentured servants and small farmers to come over.  The person paying for the transport of other men also received his own 50 acres of land.  This makes sense, right?  There are only two problems - one, usually the names of the men were reported, and two, the internet gives various dates for when this system was ended, and those dates range from between 1729 and 1744.  This is from 1748.  Or is it?  I can't be 100 percent sure, because there are enough pages that are out of order on the microfilms that one can't say for certain.  I will say this, though, the handwriting doesn't look anything at all like the style that was used in the earlier years.

And now, Theory Number Two:  This is referring to "His Majesty's Rights."  This means everything the king of England, as the owner of the colonies, was entitled to, and would include the prerogative to make laws governing the colonies as well as his receipt of quitrents.  Quitrents were kind of like a land tax, so receiving money could be a right of the king.  This makes sense too, right?  But it also has two problems - one, I have seen reference to "the Rights and Revenues of the Crown" in the minutes of the North Carolina General Assembly (1739, 1740), but nothing that said that all men must report their rights each year or anything like that.  (Of course, the search function on the website that has all those records is pretty worthless.) and two, a quitrent is a land tax, and this is talking about people, or heads.  I suppose, then, that it could be referring to a head tax.  Would a head tax be a right of the crown?  It is used to support the king's colonial government.  Not only that, but in the later court minutes, there was a period of years where men were consistently all coming in to the same term of court and reporting the number of tithables in their households, and those always said stuff like "consisting of twelve whites and three blacks."  (Didn't I show that in my last post?)  

Well, whatever it meant, that isn't even the reason I wanted to show this to you!  This entry showed that the man who reported his rights was named Daniel Teachee.  Now, keep in mind here that back then people's names were spelled all kinds of ways in different documents, depending on who was doing the writing.  Inside the front cover of this record book was this:

Craven County, NC
Court of Pleas & Quarter Sessions
Minute Book A
(beginning with 1747)
The fourth entry down we see a notation that Daniel Teachee was in the minutes in 1748.  And right below that, it says, "Edward Teach Pirate [unintelligible] - 1716 [18?].   Do you know who Edward Teach was?  He was the notorious pirate Blackbeard.  He was very active along the coast of North Carolina during the early 1700's.  In fact, in 1718 he died near Ocracoke Island (which is off the coast due east of Newbern) after a battle with ships sent by the governor of Virginia.  But before that, he had actually retired from piracy and settled in the town of Bath, 50 miles north of Newbern in the neighboring county.  Now, I don't know what the clerk who wrote this was thinking, but it looks like he was thinking that Daniel Teachee was somehow related to Blackbeard.  (I tried to read the minutes from those very early years and they were very patchy and very hard to read.  I didn't find a reference to Edward Teach, but it is very possible I missed it.)

Huh.  You never know what you're going to find when you start reading through those old records!

Well, that's it for the court minutes.  I hope you found them entertaining and at least a bit educational.  Next time we'll get back to Alexander Blackshear and see what he was doing during the latter half of the 1750's.  See you then!


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