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:
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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:
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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:
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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:
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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:
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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:
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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.
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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:
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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:
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Craven County, NC Court of Pleas & Quarter Sessions 1765
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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!)
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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:
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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:
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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:
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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:
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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":
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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:
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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!
- Therese