North Carolina Culpepper Archives
Albemarle County (Old)

(CCR 179) Att a called Court, held the 15th July, 1670, at ye house of Samuel Davis, for ye county of Albemarle, in ye Province of Carolina.  Present, the Honorable Peter Carteret, Governor and Commander-in-Chief.  Left, Col. John Jenkins, John Harudy (Harvey), Major Richard Foster, Capt. Thomas Cullen, council.

 Whereas, Mr. John Culpeper, Gent, attorney for Sir William Berkeley, Knight, and Capt. General of Virginia, petition to this Court for letters of administration on ye estate (of) Capt. Sam'l Stephens, deceased, he putting in security to save ye Court harmless, it is ordered yt ye said Culpeper have orders of administration granted to him. 

Whereas, Andrew Woolward was summoned to this Court of Chancery and being required to give his oath upon injury, of what he knew to be the estate of Samuel Stephens, Esq., deceased, he wilfully denyed and refused to give his oath, wherefore ye Court ordered yt he remain a close prisoner till further orders.
(#8997)√

27 Sep 1670. Att a called Court held at ye house of Sam'l Davis, for ye county of Albemarle, in ye Province of Carolina.  Present, the Honorable Peter Carteret, Esq., Governor and Commander-in-Chief.  Left, Col. John Jenkins, John Harudy (Harvey), Mr. Oliver Rithd. Foster, Mr. Francis Godfrey, Mr. John Willoughby, Capt. Thomas Cullen....  

Mr. John Culpeper, atto. to Sir Wm. Berkeley, and administrator to ye estate of Capt. Sam'l Stephens, deceased, commences suit against Herman Smewin..

Mr. Jo. Harudy (Harvey), petition against ye estate of Capt. Samuel Stevens.

John Culpeper, atto. to Sir William Berkeley, Knight, and administrator of Sam'l Stephens, against Andrew Wellwood.....

John Culpeper, atto., and administrator est. Sam'l Stephens, deceased, moved to ye Court that there is a son of Richd. Felton, by name Richard Felton, attached to said estate of above Wm. Stephens, and since Mr. Stephens, deceased, placed by Mr. John Hill, yt was no will concerned in ye estate to Wm. Luerton, wherefore ye Court orders yt ye said Luerton, deliver ye said Felton, to said atto., he paying yd fees.
(#8997)√ (Samuel Stephens #8998)√

19 Dec 1679, Whitehall. Order for “strict search to be made on board all ships” bound to Virginia, or other plantations, for John Culpeper, accused of rebellion, assuming title of “Collector of his Majestyes Customes,” and embezzling tobacco and other goods.

Acts of the Privy Council of England, Colonial Series, Vol. I, #1327, p875 and p876

4 Feb 1680, Whitehall. Reports seizure of John Culpeper, and his examination and continued custody.

Acts of the Privy Council of England, Colonial Series, Vol. I, #1337, p881 and p882

11 Feb 1680, Whitehall. Report “that John Culpeper is guilty of Treason in abetting and encouraging a Rebellion in Carolina,” and 12 Feb 1680 warrant for his commitment to Newgate.

Acts of the Privy Council of England, Colonial Series, Vol. I, #1340, p883

7 Apr 1680, Whitehall. Order to pay “witnesses against one Culpeper who is to be tried for high treason.”

Acts of the Privy Council of England, Colonial Series, Vol. I, #1349, p887

20 Mar 1680. Att a Generall court, held for the County of Albemarle.  Present, The Hon. John Jenkins, Governor, Anthony Slocum, Capt. Wm. Crawford, Maj. Robert Holden, Esq., Capt. James Blount, Capt. John Varnham, Deputies Assistants.... (PC 550.1)  Mrs. Margaret Culpeper, plaintiff, against Wm. Therrill, defendant, in an action of debt, and being put to a jury, the jurors find for the plaintiff 8426 lbs. tobacco, and costs. 
(#10535)√

March 29, 1680, at a Court of Grand Council held about the Orphans....

Ordered, that Mrs. Culpeper's inventory of the estate of Valentine Bird, be appraised, appoints Wm. Nowell, Samuel Davis, and Jno. Dye appraisers.

Letters of administration granted Margaret Culpepper, upon ye estate of Edmund Chancey.
(#10535)√

Recorded by order of Court -- Received January the 8th 1690 of Mr. Jno. Culpeper the summ of twelve shillings in full of all accounts betwixt us from the Begining of the World to this day I Say Received by Francis Hartley (#10529)√

12.  June the 6th William Duckenfeild of the said County of Albemarle esqr. enters his action against Patrick Henley of the same County in a plea of the Case.  For and that John Culpeper late of the said County <11> gentleman deceased did in his life time by a writing under his hand bearing date the 25 day of April 1683 oblige himselfe to pas good sufficient bille of exchange whensoever thereto required to be paid at the porte or cytty of london unto Henry Gawler his order or assignee in consideration of the  sume of five pounds seven shillings which said sum being unpaid Sarah Culpeper Widow and  Relect of the said John Culpeper did after the decease of the said John Culpeper assume in her own person to pay unto the said William Duckenfeild assignee of the said Henry Gawler after which assumption the said Sarah was Maried unto the aforsaid Patrick Henley the said summ being yett unpaid Wherefore the Provost Marshall is required to arrest the said Patrick Henley to appear at this Court to answer the premises and to make his returne.  And it is returned Executed.
(#10528)√

(CCR 148) The Deposition of Elizabeth Mowbery Aged 56 yeares or there about being Deposed Sayeth:  That Some Time in the Last of February or Beginning of March in the yeare 1690 I the Deponent came into the House of Thomas Slater where Mr. Pope now liveth and Mr. Tho. Slater asked Wm. Burnsby if it were a Bargane or no Bargane and asked the said Burnsby if the Cattle were his and the said Burnsby Replyed Cousin Slaughter all the Cattle I have is yours and in January in the yeare 1692 mrs. Slater told mee she Wondered what was the occation of the difference betwene Wm. Jones and Francis Williamson the said Wm. Jones Being then Security for Matthew Williamsons estate he being gon out of the Country; and Mrs. Slater told mee that she went to Mrs. Culpeper and Sould her Cattle and received Some Cloths ready made and some unmade and went home and made up what was unmad and putt them Into her Chiest and none could take away her redy Made Clothes; and on Whitson Munday 1693 between back River and York River in Virgenia William Bornsby told mee that he had heard of his vessell and that there was a Man would help him to his vessell and being in firther discourse I told him he had Sold the Cattle and what have you to help your Selfe and he answered that although he had sold them he Never was paid for them and he would take them againe.  And These are the Cattle now in dispute between Wm. Burnsby and Mr. Henly This the deponent Saith and firther saith not.  7br 28, Sworne in Generall Court, Elizabeth Mowbery -- her Marke (Endorsed:) Mowberys deposition
(#10528)√

3.  December the tenth the Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last Will and testament of John Culpeper to answer the plaint of Rich. Plater Attorney of Colonel Samuel Shrimpton of Boston in New England in a plea of debt.

5. Feb 2d the Marshall is required to summons Patrick Henley and Sarah his Wife Executrix of the last will and testament of John Culpeper deceased to answer the Complaint of Wm. Duckenfeild esqr.
(#10528)√ (Patrick Henley #10530)√

2.  Feb. the 2d (1694) the Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper of the County of Albemarle to answer the Plaint of William Duckenfeild Esqr. and Susanah his Wife Executrix of the last Will and testament of Colonel Francis Heartley deceased in a plea of the Case.

7.  Feb. the 6th (1694) The Marshall is required to arrest Patrick Henley of the Precinct of Pascotanck to answer the Plaint of William Duckenfeild and Susanah his Wife Executrix of the last Will and testament of Colonel Francis Heartley late of the County of Albemarle deceased in a plea of the Case.

9. Feb the 9 (1694) The Marshall is required to arrest Patrick Henley and Sarah his Wife Executrix of the last will and testament of Mr. Jno. Culpeper late of the County of Albemarle deceased to anser the sute of Capt. Jno. Hunt Attorney of Anthoney Brockhos of the Cyty of New yorke in a plea of the Case and to summons Conrnel. Jones Charles Jones Richard Pope and Edw. Mayo for plaintif.

February the 26th (1694)  The Court Meet Present The Honorable Thomas Harvey Esqr. Deputy Governor the Honorable Danl. Akehurst Esqr. Benj. Lakar Esqr. Francis Tomes Esqr. Major Saml. Swann. Colonel Tho. Pollock.  Lords Deputys: Capt. Anthony Dawson. Assistant.

Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper deceased arested to answer Mr. Rich. Plater attorney of Colonel Saml. Shrimpton of New England in a plea of debt And the said Rich. Plater came and saith that the defendants are justly Indebted to the Plaintif qualifyed as is aforesaid the summ of seventy three pounds fifteen shillings and three pence by Bill and the said Pa. Henley came and defends the sute and Craves Oyer of the said Bill which being read specifying the said summ haveing a seal annexed and signed with the name of Jno. Culpeper Dated the 24th day of September Anno Domini 1678 the said Patr. Henly pleads Non est factum and casteth himselfe upon the Country and the said Plater Also Wherefore the Marshall is Commanded to cause to come twelve true and lawfull men of the vincinage and who to Neither of the Partys are related Who Impannelled and sworne viz. Mr. Tho. Miller Foreman, Jno. Lilly, Tho. Nicols, Arthure Carleton, Christopher Butler, Jacob Overman, Francis Hendricks, William Bray, Thurloe Fee, William Collings, John Dan, Jno. Wilson Say upon their Oath We of the Jury finde noe Cause of Action.  Ordered that the sute be dismissed and that the said Richard Plater pay Costs of sute alias Execution.

March the First (1694).  The Court Meet.  Present The Honorable Tho. Harvey Esqr. Deputy Governor The Honorable Danl. Akehurst Benj. Lakar Francis Tomes Major Saml. Swann Colonel Tho. Pollock Esqrs. Lords Deputys Capt. Anthony Dawson Mr. William Duckenfeild Assistants.

< Mr. Duckenfield riseth> Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Mr. John Culpeper deceased Arrested to answer the sute of Wm. Duckenfeild and Susana his wife Executrix of the last Will and testament of Colonel Francis Heartley And the said William Duckenfeild cometh by Hanaball Haskins his Attorney and saith that the said Patrick Henley and Sarah his Wife is indebted to the Plaintif by account contracted by the said Jno. Culpeper in his lifetime with the said Francis Heartley in his lifetime the summ of Eleven pounds seventeen shillings five penc halfe peny and the said Patrick Henley craves Oyer of the said account which being Read bearing date Anno 1689/90 (the date on the account is 1688/9 January) the said Henley saith that after the date of the said account viz Anno 1690/91 the said Jno. Culpeper had frome the said Francis Heartley a full discharge from all former accounts which by the said discharge produced in Court he maketh Appear.  Ordered that the sute be dismissed and that the said William Duckenfeild and Susana his Wife pay Costs alias Execution.  And the said Patrick Henley prayeth his said discharge from the said Francis Heartley to be recorded.

Patrick Henley and Sarah his Wife Executrix of the last will and testament of Jno. Culpeper deceased arrested to answer the sute of Capt. Jno. Hunt attorney of Anthony Brockhos of New Yorke in a plea of the Case And the said Jno. Hunt saith that the said Jno. Culpeper hath received by Order of Thomas Clancy upone the account of the said Anthony Brockhos and James Larkin certain Goods to the value of forty five pounds Eighteen shillings and six pence  And the said Patrick Henley saith that the Goods he hath received as is aleged  And his reasonable account therof he is ready to render but the said Jno. Hunt haveing noe authority from the said James Larkin to whom parte of the said Good did belong.  He cannot answer the said sute.  Ordered that the sute Fall and that the said Jno. Hunt pay Costs of sute.

1694  At the Court of Chancery holden at the house of Thomas White the 28th of February Present the Honorable Thomas Harvey Esqr.  The Honorable Danl. Akehurst Esqr.  Benj. Lakar Francis Tomes Major Saml. Swann Colonel Thomas Pollock Lords Deputys Capt. Anthony Dawson Mr. William Duckenfeild Assistants

Mr. Patrick Henley sumoned to answer the plaint of William Burnsby and the said William Burnsby sheweth that Wheras the said Patrick Henley had Recovered at Common law against the Complainant the Summ of ten pounds with Cost on the account of some Cattle of the said Patrick Henleys aleged to be detained by the said Wm. Bournsby the said Wm. Bournsby saith that the said Cattle was indeed had by the said Henley and by him disposed of and craves that herof the said Patrick Henley may be examined upon his Oath concerning the premises  And the said Patrick Henley upon his Oath saith that he hath not killed or any wayes disposed of the three kowes for which he brought his Action at Comon law against the said Wm. Bournsby and upon which the recovery of the said ten pounds was had.  Decreed that the said William Bournsby pay unto the said Patrick Henley the summ of ten pounds recovered at Common law with all Costs of sute.

Patrick Henley and Sarah his Wife Executrix of the last Will and testament of Jno. Culpeper deceased sumoned to answer the sute of William Duckenfeild Esqr. and the said William Duckenfeild saith that there is due to him from the defendants the summ of five pounds seven shillings for soe much money paid by the said William Duckenfeild unto Henry Gawler in Virginia on the account of the said Jno. Culpeper in his lifetime for which the said Jno. Culpeper assumed payment of the said summ unto the said William Duckenfeild.  And the said Patrick Henley cometh and confesseth the same to be due as is aleged and assumeth payment of the same in Wheat at the next insueing Crop: and the said William Duckenfeild is content to  receive the said summe in that specie.  Decreed that the said Patrick Henley and Sarah his wife pay unto the said Wm. Duckenfeild the summ of five pounds and seven shillings in Wheat alias Execution.

Mr. John Culpeper & Mrs. Sarah Mayo were Mariade _e 23rd. of Augst 1688 (#10529)√

Albemarle. Ralph Fletcher, 400 a., for  transportation of Nine persons, 30 March 1680.  Thomas Cullen, Sarah his wife Jno. and Rich, his Sons, Sarah Anne, Mary, Christian, and Martha his Daughters being transportation Rights and becomes due to Fletcher as being assigned by Tho. Cullen (torn) Sir Wm. Berkley and from Berkley by his (torn) Jno. Culpeper to governor Carteret, and by Carteret's attorney Capt. Craford Esqr., to Ralph Coates, and by Coates to Fletcher. (#10529)√

Albemarle. Patrick Henley, 1100a., 3 Mar 1693.  the persons viz. Jno. Culpeper, Jno. Robison, Jacko, Grace, 2 Negroes  Valentine Bird, betty, bes, Mingo, and Tom Negros, Andrew, Jumpo, Maria, Jane, An Farmer, Pa. Henley, Elizabeth Duff, betty negro, Sarah Henley Margrett Byrd Sarah Byrd, 22 Survey for Stephen Scott, assignee of Patrick Henley, 247 a., 12 June 1696 (#10529)√

Patrick Henley proved 22 rights, Pasquotank: Jno. Culpepper, Jno. Robison, Yacko and Grace 2 negroes, Valentine Byrd, Sarah Byrde, Betty, Bes, Mingo, and Tom, 4 Negroes, Andrew, Yampo, Marea and (torn) negroes, Anne Farmer, Patrick Henley, Mary Henley, his wife, Mary Henley, (torn), Betty a negroe, my wife Sarah Henley, Margret Byrde.  Certified 7 (torn) 1693/4.  A warrant given. (#10529)√