There were some McDaniels in Perquimans area late 1600s and early 1700s but I find nothing specific to connect him to the Roanoke river. As a matter of fact I find no “Daniel”.
I’ve found a few references to a Daniel McDaniel in Surry Co., VA :
Surry VA 1702/3
A List of tythables belonging to Lawnes Pish Taken p Tho: Holt In ye Year 1702
Mj Hen: Tooker for Mr. Geo: Gollond, Lodwick Crafford, Danll. Mackdanll., Amos, Tim, Jack, Mary & doll Neg. (sic) 7
p Wm. Browne Junr
A List of tythables in ye lower precinct of Southwark pish taken the 9th of June 1703 per me the Subscribed
Mr. Joseph Iron (?), Daniell Mackdaniell 2
(the above Browne is not connected to IOW Brownes…MA)
Lawrence Fleming: Leg.- To Robert Watkins my plantation I live on with all the land thereto belonging. To James Davis the use of the Plantation John Revell now liveth on until ye said Revill’s youngest Son that now is, shall come to ye age of 21 years, then I give sd. Plantation to son of sd. Revelle. To John Revelle the debt he now oweth me and to be disposed to schooling of his youngest son to whom I likewise give a cow. To Daniel Macdaniell the debt he oweth me to be disposed of as schooling his son, John Macdaniell, and give him a cow. The rest of estate I give to be equally divided between Mr. John Watkins, his six children, wife, four sons and two daughters. Appoints Mr. Robert Watkins, Exer. To Phillis Fort my riding horse. 8 Dec, 1710. prob: 25 Feb., 1710. Wit: Edward Bayley, Sam’l. Williams, Elias Fort. Book 6, p.44.
(Wills and Admin of Surry County, VA 1671-1750, Eliz. T. Davis)
Since he has a young son, his age is probably at least in his twenties… and it indicates a likely first wife…
7 Nov 1710 At a court held at Southwark… A commission of administration is granted Martha Jordan on the estate of Robert Jordan deceased… Daniel MackDaniel & David Andrews presenting themselves securitys for Martha Jordan’s due administn. of the estate… Joshua Proctor, William Rose, and Willm. Rogers appointed to appraise the estate of Robert Jordan decd… [Surry Orders 1691-1713, p351]
20 Feb 1711/2 Special Bail: In the suit of Richard Rogers vs. Daniel MackDaniel, the plaintiff demanded special bail whereupon Richard Blow became the defendant’s bail, and judgment granted plaintiff for 50 shillings. [Surry County Orders 1691-1713, p389]
(One of my commenters, Rogers Smith, is researching some Rogers that made their way down to where the father-in-law of Daniel McDaniel lived… it adds a bit of weight to this theory)
Most all of the folks mentioned above can be found on this map near Cypress Creek in Surry County… my guess in McDaniel was an indentured servant, then “hired hand”, in these early years…
Also see Bob Baird for some history of Blow… his site is “Bob’s Genealogy Filing Cabinet”.
This patent is the father-in-law of McDaniel 1700 (Nansemond, VA)…
See map here for his property near Potacasi Creek and Thomas Browne…
McDaniel also bounced around near the Nottoway Swamp in Virginia around 1717… hard to say exactly where he was living…
MacDaniel, Daniel. Bertie Precinct (Grimes)
April 16, 1733. May 2, 1734. Sons: Nicholas, Daniel, James (negroes to each). Daughters: Ann and Sarah McDAN(EL. Wife and Executrix: Sarah. Witnesses: John Anderson, Alex. Wight, John Bryan. Original missing. Recorded in Book 1722-1735, page 295.
Bertie Co. NC, County Court Minutes 1724-39 Haun
Aug 15, 1733 The last Will & Testament of Danll. MCDANIEL was proved by the Oaths of John BRYANT & John ANDERSON Evidences thereto and at the same time Zerah MCDANIEL whole & Sole Exx. thereto took the Oath of an Execx.
Chowan #755 p.177 Thomas Brown of Chowan and wife Christian to Daniel
McDaniel 19 July 1715, gift to son in law 100 ac adj Old Tree Swamp. wit.
Jacob X Lewis. Val X Brasswell
(above shows that Daniel McDaniel had married Brown’s daughter at least by 1715)
for 1000 pounds of good Merchantable Tobacco 118 acres more or less, joining ye River pocoson and WILLIAM BROWN
Wit: (not given) Reg. 27 Feb. 1718
A side note on the Patterson roster above… evidently the good colonel wrote his will in 1717 but did not die until after 1720. Of note in that will are these bequests:
Item. I give unto my well beloved friend James KEEN one hundred acres of
land at a place commonly known by the name of GRUBBY NECK next beginning a line which
was Thomas BROWNS, I say unto the said James KEEN and to the heirs of his
body lawfully begotten forever.
Item. I give unto Andrew ROSS the son of Andrew Ross of Nansemond County
and Mary his wife one hundred acres of land lying and being upon a place
known by the name of the Beaverdams adjoyning to the land of Daniel McDANIEL,
I say unto the said Andrew Ross and the heirs of his body lawfully begotten
forever. Evidently the old boy was a close neighbor…
I’ve finally got around to abstracting the Thomas Brown will…
Will of Thomas Brown 1718
April 1718… Albermar County… sick & weak
… to Christian… my wife… plantation whereon I now live beginning at the corner tree above the inden parth so running down the Line to potocati Creeke and so including six hunderd ackers of Land and Like wise six hunderd ackers of Litwood Land for the use of the sd plantation and for the maintanance of his children beginning? at Thomas Conners corner tree and Line and so running to bells branch and so up ye sd…
… wife c all my moveabel estate within and withoute untell hirr children come of age or marries then if can be spend_______? to have to cowes and calfs a peace Except my son Thomas brown when he is of age or maners? marries? the to him three cowes and calfs if they can be spard
and my dafter Sarah mackdaniel I give unto her twenty shilings
and every one of my children _______? or ______? as they come of age if (any?)(they?) can be spend
… unto son Thomas… to hunderd eakers and twenty eakers of land being and lying upon potacati Creeke
… son William the half of the upper sirveys beginning at the ____? tree swamp
… son Thomas… other half of ye sd sirveye
… son John and Edward Brown my Land that Lies on ye South side of meharin Creeke and (land that is left of the Land that I sould to George Stevins)
… son Howell and James… the sd plantation and all the land belonging after my wifes deses…
Thomas (X) Brown
Judeth (X) Perry
Thomas (X) Perry
abstract by Marc Anderson 2013
It seems apparent that Daniel McDaniel relocated to Roanoke River about 1722… since Sarah McDaniel is mentioned in Brown’s will of 1718 (and ALL the other kids seem to be underage) she likely was a young pup when she wed… perhaps 15-18 … not much more than 18 if she was the oldest? I’m highly skeptical that the wife of Thomas Browne was Christian [Maule]… she seemingly married Thomas around or before 1700… William Maule does not seem to arrive in North Carolina until 1710, plus he did not mention a daughter Christian in his will.. it just does’t add up. William Maule did however live only a few mile SE of Thomas Brown (on Chowan River). Maule also relocated to Roanoke River very near Daniel McDaniel and William Browne.
The North Carolina historical and genealogical register, Volume 1 edited by James Robert Bent Hathaway pg 299 John Milton, to Daniel McDaniel. 200 acres adjoining lands of John Crosby, and Thomas Vincent; July 17, 1717. Test, Robt. Hicks, William Braswell.Daniel McDaniel assigns above tract to Thomas Brown
pg. 300 Thomas Browne, to Thomas Browne. 185 acres adjoining land of Daniel McDaniel, and others; July 16, 1717. Test, Benj. Foreman, Isaac Hill, Richd. Washington.
A 155 JOHN BLACKMAN & WIFE ELIZABETH to JAMES PARKER Feb. 12, 1722. 20 pds. for 320 A. on Yauerah Swamp “betwixt” THOMAS KIRBY & DANIEL McDANIEL, Wit: NEEDHAM BRYAN, THOMAS SEALY Aug. Ct. 1723
A 379 DANIEL MACKDANIEL & WIFE SARAH to LAWRANCE HOBBY Nov. 10, 1724 14 pds. for 600 A. adj. WILLIAM BRASWELL on Yorworhah Swamp. Patent date March 9, 1717. Wit: JAMES BRYANT, THOMAS WILSON, W. MAUL Feb. Court 1724
B 11 THOMAS WHITMEL to JOSEPH TURNER of Isle of Wight Co. Va. Aug. 10, 1725. 40 pds. for 460 A. on SS Moratock River Adj. JOHN NAIRNE in “Cheastfield” at Cypress Swamp. Adj. DANIEL McDANIEL, JOHN HAMILTON. Wit: JOHN NAIRNE, JOHN BROWN. Aug. Court 1725
B 64 DANIEL MACK DANIEL & WIFE SARAH to JOHN WILLS, JUN. of Norwick Parish, Va. Nov. 8, 1725. 20 pds. for 240 A. on SS Moratock River. Adj. JOHN NARON, JAMES TURNER, HENRY TURNER. Wit: JOHN BRYAN, JOHN SPEIR, WM. BROWN. Nov. Court 1725
B 309 DANIEL MACKDANIEL & WIFE SARAH to HENRY TURNER Aug. 7, 1727. 10 pds. for 200 A. On SS Morattock River Adj. JOHN NAIRN, JOHN WILL (JUNIERS). Patent dated Aug. 4, 1723. Wit: JOHN BENBO, NATHANIEL PIGOTT. August Court 1727
B 310 DANIEL MACDANIEL & WIFE SARAH to THOMAS TURNER May 8, 1727. 10 pds. for 200 A. On SS Morattock River Adj. JOHN NAIRN, “WHITMELL’S corner”. Patent date Aug. 4, 1723. Wit: JAMES TURNER, JOSEPH TURNER. August Court 1727
C 4 DANIEL MACDANIEL to ANTHONY LEWIS of Isle of Wight Co., Va. Aug. 13, 1728. 24 pds. for 410 A. On Beaverdam Swamp at Spring Branch. Adj. JOHN CROSBEY (CROSBY), THOMAS ____INSON. Tract granted by patent on March 9, 1717. Wit: LEONARD LANGSTON, JOHN NAIRRUR. August Court 1728. Edw. Mashborne D. C/C
Aha!… here we have Daniel McDaniel involved with a next door neighbor of William Brown’s property near the Nottoway River… could it be he was living there in 1717? Note also that Leonard Langston had dealings with Thomas Brown. The plot thickens…
C 74 JOHN NAIRN (NAIRNE) to ROBERT SURGINER, cordwinder Feb. 12, 1728/29. 5 pds. for 50 A. On SS Morattuck River Adj. DANIEL MCDANIEL, JOHN NAIRN, WILLIAM SURGINER. Wit: GEORGE WILLIAMSON, EDWARD BROWN. Feb. Ct. 1728/9 Ed. Mashborne D. C/C
C 140 DANIEL MCDANIEL to WILLIAM BROWN Mar. 29, 1729 30 pds. for 200 A. On SS Morattuck River at Beaver Damm adj. DANIEL MCDANIEL. Wit: THOMAS HOLLAND, EDWARD MASHBORNE. Aug. Ct. 1729 Thomas Crew D. C/C
D 94 WILLIAM BROWNE (BROWN) of Edgecombe Precinct to JAMES WOOD April 13, 1734. 25 pds. for *. On SS Moratock River near Beaverdam. Adj. DANIEL MCDANIEL. Being land formerly bought of DANIEL MCDANIEL by Deed dated March 29, 1729. Wit: ROBERT BUTLER, JOHN BALLARD. May Ct. 1734. John Wynns D. C/C
E 54 JAMES WOOD & wife SARAH to ABRAHAM CARNAL, SEN. of “upper Nansemond parrish in the Colony of Virginia” Nov. 11, 1736. 110 pds. for 840 A. (1) On SS Maratock River in Edgecombe Precinct bought by JAMES WOOD from JOHN WILLIAMS. Deed dated Dec. 16, 1728. (2) “another percel” of 200 A. in Edgecombe Precinct on SS Marrattock River which JAMES WOOD bought of WILLIAM BROWNE on April 13, 1734. On Beaverdam in the River Pocosin adj. DANIEL MCDANIEL. Wit: ROBERT BUTLER, JOHN BATTLE, JOHN BROWN. “…SARAH, the wife of sd. JAMES WOOD, being privately examined by THOMAS HANSFORD, Gent., one of the Justices of the said court, declares that she acknowledges her dowrie thereto, freely, which motion is declared registered…” Nov. Ct. 1736 John Wynns D. C/C
G 117 JOHN LEWIS of Isle of Wight Co. Va., to BENJAMIN HILL Nov. 3, 1740. 12 pds. for 400 A. “…Land whereon my father THOMAS LEWIS formerly lived… which the said THOMAS bought of DANIEL MCDANIEL as by said patent bearing date ninth day of March 1717…” At Beaver Dam Swamp on Spring Branch. Adj. THOMAS VENSON, JOHN CROSBEY. Wit: ALEXANDER MCCULLOCK, WILLIAM MANNSELL (MAUNSELL), SARAH MCCULLOCK. N.C. Court July 27, 1748.*.
Below is theory… an observant commenter found a reference which throws serious doubt as to the McDaniel referenced below being the same guy as near Occoneechee Neck… a man can’t be in 2 places at the same time… or can they? Atkins stays and dies in Carteret County… McDaniel leaves no records in that county that I can find.
A List of Jurymen in Carteret Precinct.
Cap’t. Jno. Nelson 1 Jn’o. Simpson 11 Rich’d. Caneday 21
Rich: Rustull, Esq’r 2 Tho: Gillikin 12 Char. Coxdell 22
Enoch Ward 3 Rob’t. Strey 13 Wm. Wills 23
Rich: Whitehouse 4 Rob’t. Atkins 14 Levi Cressey 24
Jos. Hulford 5 Rich’d. Harvey, J’r 15 Jn’o. Shaw 25
Ed. Ward 6 Edm’d Ennitt 16 Jn’o. Fraser 26
Ross Bell 7 Mich. Packquenel 17 Jn’o. Hatten 27
Wm. Shubridge 8 Rob’t. Osborn 18 Wm. Noble 28
Jn’o. Jarret 9 George Coxdell 19 Daniel Mackdaniel 29
Rich: Williamson 10 David Shepert 20
With that challenge to my theory in mind… if you go to this NC Archives website and type in “Thomas West”:
you will find a 17 page account of the Administration of the former Treasurer of Chowan County (Thomas West… wife Martha)… the court proceedings are at Queen Anne’s Creek at Edenton… among the various summons to appear is a summons for one John Blackman and one Daniel McDaniel. Blackman and McDaniel became neighbors near Roanoke River at about the same time… 1722/23. I have shown above that McDaniel was living just a canoe ride north of Edenton in 1722… you be the judge of my theory.
…an Atkins tale…
I hazard a guess that Daniel McDaniel was a “truck driver”. In colonial times that would involve sailing/rowing a “periauger” down the Roanoke and unloading in Cashy Town. The Indian Traders would deposit their pack trains of deerskins at Foltera Fort and McDaniel would then haul them down the river. The Occoneechee area of NC was a “boom town” of Indian Traders during the early 1700s. Note that Daniel initially settled inland on the Urahaw Swamp property but he later acquired property directly on the Roanoke river. Note this interesting tidbit:
The North Carolina historical and genealogical register, Volume 2 edited by James Robert Bent Hathaway
MISCELLANEOUS ITEMS. pg. 146
Rev. Ebenezer Taylor died on his way from Pampticoe to Core Sound, so says a letter written to Gov. Chas. Eden, Feb. 22, 1720, by Richard Rustull; he was in company with Daniel McDaniel & Son and a negro named Jack, the weather was extremely cold; he is buried on a Sand hill on the South west end of Cedar Island. He died in a canoe refusing to go on shore with the others; be had quite a large sum of money on his person, which after his death disappeared. McDaniel however showed that he delivered it and his other effects to other parties.
Also accused of nefarious activities is one Robert Atkins:
from the Colonial Records:
“Read the Petition of John Porter Gent Admr of the Estate of the Reverend Ebernezer Taylor Clerk dec̄ed with the Will annexed shewing that the said Ebnezer Taylor being possessed of a very valuable Estate consisting of Goods and money of this Government to the value of divers hundreds of pounds and in the course of his mission Travelling by water from Bath Towne to Core sound he fell sick and Dyed and not without some suspition of foule practices of Daniel Mack Daniel and others who Transported him Upon whose death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the said Ebenezer Taylor confederating with one Robt Atkins (as is Supposed) embezelled or Stole most of the Money at least Two hundred and Ninty pound”
I’ve found very little about Atkins… but this caught my attention:
On Dec. 16, 1729, according to North Carolina records, Robert Atkins of Craven County was granted 640 acres of land by the Lords Proprietors…land which contained the present Kinston and Lenoir County. However, according to Oct. 1744 court documents, Atkins’ lands were sold to satisfy a mortgage of 100 pounds to well known New Bern lawyer William Herritage who paid 399 pounds for the 640 acres. In 1769 when Herritage died, he left the property to his son John Herritage who lived for many years near Kinston at Harrow, a house he built near Woodington.
Kinston, Lenoir County’s county seat, was acquired December 16, 1729 by Robert Atkins as part of a 640-acre tract land grant. It then lay in Craven County until 1746, Johnston County until 1758, and Dobbs county until 1791, and then to present day Lenoir County. Atkins lived between present day Kinston and Goldsboro where he ran a trading post along the Neuse River. After his death in 1731 with no heirs he assigned his estate to his lawyer William Herritage
I’m sure that both Daniel McDaniel and in particular Robert Atkins were nice guys… but it probably would not have been wise to get in a bar fight with either: I’m paraphrasing from the Colonial Records: (The full account is in a footnote)
Feb. 11, 1723. John Simpson, constable of Carteret Precinct in the County of Bath, attempts to arrest Robert Atkins. Atkins explains to the constable that the Justice who authorized the warrant “had nothing to do to grant a warrant for him and that [his] Authority was good for nothing.” Simpson further states that Atkins scurrilously & in Contempt did say ” the Authority might kiss his Arse and that he (the said Constable) might kiss his own Arse.” Constable Simpson, undeterred evidently, was “utterly obstructed and resisted”, i.e. ” then and there by force & Armes with the assistence of his Servants & doggs with stick staves & weapons…[was] violently & seditiously…drove away.”
Feb. 14, 1723. Constable Simpson, armed with a fresh warrant from The Honoble Christopher Gale Esq: Chief Justice and additional “aid as he thought necessary to apprehend the said Robert Atkins”, was nevertheless met again by Atkins “malitiously and in utter defyance”. He “did take his gun and present the same at the Constable & his aid” and said “Stand off at your perrill or else by God I will shoot you” and again “Go farther off or by God I will blow your Brains out”…opprobiously calling his aid Rouges & doggs.”
A year later: Apr 2, 1724. Atkins pleads Not Guilty but is evidently counciled to change his plea and humbly ask the Court for Mercy. He is fined 40 pounds and gives Security of 100 pounds to “be of Peace & good behavior for twelve months & one day”. He also,much to his chagrin I am certain, had to pay court costs. The Rouges and Doggs are not mentioned further.
I have recently found this little factoid which places a Robert Atkins within a stone’s throw of Richard Blow in Surry County in 1718. Recall that Richard Blow provided “Special Bail” for Daniel McDaniel in 1712 in the same locale.
18 Jul 1718 Robt. Atkins appointed overseer of the highways from Richard Blow’s through the main Blackwater Swamp by Joseph Wall’s. [Surry County Orders 1713-1718, p148]
See here where I had a little fun with the theory…
Minutes of the General Court of North Carolina
North Carolina. General Court
November 01, 1720 – November 03, 1720
Volume 02, Pages 408-416
Danll McDaniel & Robert Atkins being bound by Recognizance to appear at this Court and thereof failed, Ordered that a Scire fax do issue agst the same Recognizance.
Minutes of the North Carolina Governor’s Council
North Carolina. Council
April 04, 1722 – April 05, 1722
Volume 02, Pages 450-457
Present The Honble Thomas Pollock Esqr President &c
William Reed Esqr Lds proprs Deputy
Richd Sanderson Esqr Lds proprs Deputy
Christophr Gale Esqr Lds proprs Deputy
John Lovick Esqr Lds proprs Deputy
Read the Petition of Coll Maurice Moor and Mr John Porter attorney to John Walker Admr of the Estate of Ebenezr Taylor Clerk Deced in the words Vizt that the sd Ebenezar Taylor being possessed of a very valuable Estate Consisting in Goods and Money of this Government to the value of divers hundreds of pounds And in the Course of his Mission Travelling by water from Bath Towne to Coor sound he fell Sick & Dyed and not without Suspicion of some foule practices of one Daniel Mack Daniel & others who Transported him upon whose Death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the sd Ebenr Taylor confederating with one Robert Atkins (as is supposed) Embezzled or stole most of the money at least Two hundred and Ninty pounds whereupon process being Issued against the sd Mack Daniel and Atkins who were attached to answer Felony who thereupon deposited in the hand of the late Chief Justice the aforsd sum of Two hundred and Ninty pounds that was stolen from the sd Ebenr Taylors Estate and the sd money stil remaining in the hand of the late Chief Justice as forfiet praying that the Equity the sd John Walker hath unto the said money may be considered of And that such an order may be granted them as that the sd late Chief Justice may deliver the sd money to him that so he may be Enabled to pay the Debts of the Dec̄ed &c
Ordered That Coll Frederick Jones late Chief Justice have notice hereof and that he attend this Board at Mr Badhams house at Edenton to morrow by Ten a Clock in the forenoon either in person or by his attorney to Shew Cause why the sd money should not be delivered as prayed for
Thursday morning this Council met according adjournmt
Present as before
Coll Frederick Jones having been ordered to attend this Board upon the petition of Maurice Moor and John Porter &c this day and the sd Jones not appearing nor sending any satisfactory message
It is the opinion of this Board that the moneys lodged in the hands of the sd Coll Jones, late Cheif Justice as a pledge for the appearance of Robt Atkins and Daniel Mack Daniel at the General Court ought to have been delivered to the present Chief Justice with the General Court papers and records And thereupon It is Ordered that the sd Coll Frederick Jones do imediately pay to Christopher Gales Esqr Chief Justice or his order whatever money he has in his hands as aforsd for the appearance of the aforsd Robt Atkins and Daniel Mack Daniel and for his so doing this shall be his sufficient warrant and in case of failure hereof The Attorney Genll is hereby ordered to take proper measures for the recovery of the same
Minutes of the General Court of North Carolina
North Carolina. General Court
March 27, 1722 – April 07, 1722
Volume 02, Pages 463-473
At a Councill held at Edenton April the fifth 1722
Present the Honble Thomas Pollock Esqr President &c
William Reed Esqr Lords Deputy
Richd Sanderson Esqr Lords Deputy
Christophr Gale Esqr Lords Deputy
John Lovick Esqr Lords Deputy
Thos Pollock Junr Esqr Lords Deputy
Collo Fredrick Jones having been Orderd to appear before this Board this day by Ten a clock upon the Petition of John Walker &c which he not complying with, nor sending any satisfactory message:
It’s the Opinion of this Board that the money lodged in the said Collo ffredk Jones hands late Cheif Justice for the appearance of Robert Atkins and Daniel Mackdaniel at the Genl Court ought to have been deliverd to the present Cheif Justice with the Genl Court Papers & Records
Orderd that the said Collo ffredrick Jones late Cheif Justice doe immediately pay to Christopher Gale Cheif Justice or his Order whatever moneys he has in his hands lodged as aforesaid for the security of the appearance of the said Robert Atkins and Daniel Mackdaniel at the genl Court and for so doing this shall be his Warrant and in case of failure hereof the Attorney Genl is hereby Orderd to take proper measures for the recovery thereof
J. LOVICK Secry
To which Order Collo ffred Jones Answerd that he would not deliver the money therein mentiond but to whom he should think fitt and as for the Kings Attorney he might take what measures he pleases for he shall take noe Notice thereof
Test THOMAS HARVEY Provost Marshll &c.
Upon motion of Daniel Richardson Esqr Attorney Genl made in obedience to the foregoing Order of Councill
Orderd that a Scire ffacias do issue out thereby requiring the aforementiond ffredrick Jones Esqr to be and appear att the next Genll Court to be held for this Governmt at the Court House in Edenton on Queen Annes Creek the last Tuesday in July next then & there to render an Accot upon Oath what money he rec̄d from Robert Atkins and Daniel Mackdaniel aforesaid as security for their appearance &c to answer &c as by Recognizance Dated the sixteenth day of June 1720 doth appear and likewise to shew cause (if any he has) why the money so rec̄d by him as Cheif Justice is by him detained and refused to be deliverd in disobedience to the aforementiond Order of Councill &c.
Adjourned to the next Court in Course
C. GALE Ch. Just.
W. Badham Clk.
Minutes of the North Carolina Governor’s Council
North Carolina. Council
August 02, 1723 – August 03, 1723
Volume 02, Pages 491-496
The Honoble William Reed Esqr Presidt &c
Chris Gale Esqr Lds Proprs Depty
Richard Sanderson Esqr Lds Proprs Depty
John Lovick Esqr Lds Proprs Depty
Thos Pollock Esqr Lds Proprs Depty
Read the Petition of John Porter Gent Admr of the Estate of the Reverend Ebernezer Taylor Clerk dec̄ed with the Will annexed shewing that the said Ebnezer Taylor being possessed of a very valuable Estate consisting of Goods and money of this Government to the value of divers hundreds of pounds and in the course of his mission Travelling by water from Bath Towne to Core sound he fell sick and Dyed and not without some suspition of foule practices of Daniel Mack Daniel and others who Transported him Upon whose death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the said Ebenezer Taylor confederating with one Robt Atkins (as is Supposed) embezelled or Stole most of the Money at least Two hundred and Ninty pound Whereupon process being Issued against them the sd Mack Daniel and Atkins and were Attached to answer the said felony and thereupon deposited in the hands of the late Chief Justice Jones the sum of Two Hundred and ninty pound for the securing the appearance of the sd Atkins to answer the felony aforsd and the sum becoming forfeit for want of the said Atkins appearance the same was afterwards paid into the hands of the present Chief Justice Christopher Gale Esqr by the Exrs of Frederick Jones Esqr late Chief Justice pursuant to an order of Council bearing date the fourth day of April Anno Dom 1722 in whose hands that same sum of Two hundred and Ninety pounds still remains praying That the right which he hath (in his Capacity aforesaid) unto the said money may be considered of and that such an order may be granted thereon that the same moneys now remaining in the said Cheif Justices hands may be paid unto him that he may thereby be enabled to preform the will of the dec̄ed or that such further orders may be taken concerning the same as shall be Agreeable to Justice
And this Board desiring the opinion of Daniel Richardson Esqr Recr General whether in case of fines and forfietures it was in the power of this Board to remit or appropriate the same he gave in Answer that According to an Article in his Instructions it was and It plainly appearing to this Board that the prosecution of the said Atkins was principally carryed on to Induce the payment of the said money to be made to the Admrs of the said Taylor and Mr Chief Justice Gale informing the Board that he had acquainted the Lds proprietors that such a sum of money was lodged in his hands and that it was his opinion that the money of right belonged to the Petitr and that he believed an Order of Council would pass from this Board for delivering the money to the said Taylors Adminstr promising their Lordships that he would take security that in case their Ldps should within twelve months Signifye that they were against the money being so disposed that then the persons receiving the same should refund it according to their order.
Whereupon It is hereby Ordered That Mr Chief Justice Gale deliver the said Sum of Two hundred and Ninety pound lodged in his hands as mentioned in the Petition the Petr giving Bond with sufficient Security to him to refund the same agreeable to the assurances he has made to the Lds Proprs
Minutes of the General Court of North Carolina
North Carolina. General Court
March 26, 1723 – April 02, 1723
Volume 02, Pages 507-510
Christopher Gale Esqr Cheif Justice
John Worley Esqr Assistanst
Edmd Gale Esqr Assistanst
Adam Cockburne Esq Assistanst
Henry Clayton Esq Assistanst
And now here at this day vizl &c. came the Extors of Collo ffredrick Jones deced. late Cheif Justice who by Edward Moseley their attorney appear, and deliverd to the Honoble Christopher Gale Chief Justice two hundred and ninety pounds being the money lodgd in the hands of the said Jones by Robert Atkins and Daniel Mackdaniel for the Security of the Recognizance by them forfeited.
Minutes of the General Court of North Carolina
North Carolina. General Court
March 31, 1724 – April 04, 1724
Volume 02, Pages 542-551
William Little Esqr his Majestys Attorney Genl comes to prosecute a Bill of Indictment found by the Grand Jury against Robert Atkins for obstructing and contemning the Authority of this Government in these words vizl
To the Honoble Christopher Gale Esqr Cheif Justice & to the rest of the Justices of the Generall Court &c.
The Jurors for our Sovereign Lord the King on their Oath present that Robert Atkins of Carteret prcinct in the County of Bath in the province aforesaid planter maliciously intending to move sedition and to obstruct and contemn the lawfull authority of this Government Vizl in the Parish of St John’s in the prcinct of Carteret & County of Bath aforesaid on the eleventh day of ffebruary one thousand seven hundred & twenty three John Simpson Constable of the said parish by virtue of a lawfull warrant to him directed by Joseph Bell Esq: one of his Majesty’s Justices of the said prcinct the said Robert Atkins according to Law apprehending he the Said Robert then & there did resist and utterly refuse to yield obedience thereto and did publickly then & there seditiously and contemptuously say the said Joseph Bell (the aforesaid Justice meaning) had nothing to do to grant a warrant for him and that the Authority (the Authority of this Government meaning) was good for nothing. And further scurrilously & in Contempt did say the Authority (the Authority of this Government again meaning) might kiss his Arse and that he (the said Constable) might kiss his own Arse and he the said Robert then & there by force & Armes with the assistance of his Servants & doggs with sticks staves & weapons the aforesaid John then & there in the Execution of his office being, violently & seditiously did assault and drove away and utterly obstructed and resisted. And that thereupon the said John Simpson complaining of the assault and contempt aforesaid to the Honoble Christopher Gale Esq: Cheif Justice of this province who by his warrant required the said John the Constable aforesaid with such aid as he thought necessary to apprehend the said Robert Atkins the aforesaid assault & contempt of Authority aforesaid to answer & in pursuance thereof he the said Constable the aforesaid Robert Atkins apprehending vizl in the parish aforesaid on the fourteenth day of the said Month of February He the said Robert Atkins malitiously and in utter defyance of the Authority of this Government did take his gun and present the same at the said Constable & his aid these following threatning words & speeches seditiously then & there uttering. Stand off at your perrill or else by God I will shoot you (the said Constable & his Ayd meaning) and again Go farther off or by God I will blow your Brains out (then again the said Constable & his aid then & there in the Execution of their office meaning) opprobiously calling the said & his aid Rogues & doggs with divers other threats & menaces and utterly resisted the said Constable and him violently & seditiously in the Execution of his office did obstruct & hinder by force & Armes to the great contempt of the Authority of this Government manifest danger of raising sedition & contention & subverting the good and wholesome Laws and Constitution against the peace of our Lord the King that now is his Crown & dignity & Contrary to the form of the Laws & statutes in such case provided &c.
To which Indictment the said Robert Atkins pleaded not Guilty but being called to the Barr a second time in Order for his tryall he prayed leave to withdraw his plea which being granted he then pleaded Guilty and humbly moved the Court for Mercy: Whereupon it was Considerd and adjudgd that he pay a fine of fourty pounds & further that he give good & Sufficient security in the sum of one hundred pounds that he be of the Peace & good behaviour for twelve months & one day and pay costs, and that he stand committed till this Sentence is performed