THE OATH OF ALLEGIANCE IN 1777.

State of North Carolina,

Chowan County.-At a County Court and Sessions of the Peace begun and held the 17th day of June A. D., 1777.

Present the Worshipful Justices.

It was then Ordered that the Clerk of the said Court, take a copy of an oath appointed by an Act of Assembly setting forth what shall be misprison of Treason and Crimes against the State and that every Person who came into Court and took the Oath should subscribe their names thereto, the before mentioned Oath is as follows: "I will bear Faithfull and true Allegiance to the State of North Carolina and will to the utmost of my Power, Support, Maintain and defend, the Independent Government thereof, against George the 3rd, King of Great Britain and his successors and the attempts of any other Person, Prince, Power, State or Potentate, who by secret Arts, treason and Conspiracies or by open Force shall attempt to Subject the same, and will in every respect conduct myself as a peacefull orderly subject and that I will disclose and make known to the Governor, some member of the Council of State or some Justice of the Peace all treasons, Conspiracies and attempts committed or intended against the State that shall come to my knowledge, So help me God. A true copy. Examined.

JAMES BLOUNT (Clerk Court). Signed by Sam'l Johnston, James Iredell, John Smith, Josiah Collins, Jos. Granberry, Thomas Browne, Will Cummings, Alex Black. Most of the above signatures seem to be those who were members of the Bar and Court. Josiah Collins was Judge of the Admiralty Court.

A similar Oath appears signed by the following Citizens of Edenton, N. C., and vicinity; viz: Nath'l Allen, (grand-father of Hon. Allen G. Thurman of Columbus, Ohio, and father of Gov. William Allen, of Ohio),J. Blount, Jacob Boyce, Geo. Gray, John Egan, Thos. Palmer, John Elliff, Uriah Sinkler, Thos. Wm. Thompson, Henry Bond, Jos. Whed bee, John Corprew, Steward Ward, Ivy Perdy, John James Palmer, John Leeming, Absalom Luten, Ed Watkins, James Carter, Sam'l Spencer, John Vance, Wm. Smith Waff, Benj. Purshall, George Stocken, John Blackburn, Arch'd Freny, Samuel Thomas, Wm. Stewart, James Carr, Abraham Elberson, David Lawrence, John Frazel, Reuben Lawrence, Samuel Casey, James Smith, Robt. Egan, Firdy McDonald, John Ready, John Barclay, John Smith, Lott Brewster, Samuel Browne, Charles Johnson, Wm. Littlejohn, James Cole, Lemuel Blount, Jos. Eelbeck, Jr., Michael

Payne, Wm. Cummings appeared and presented Certificates from Jas. Iredell, Esq., H. Mashen, John Wardall, John Mushrow, John Rombough, Jno. Belote, Jno. Cunningham, George Russell, Joseph Stevenson, Daniel Johnston, James Luten, James Matthews, Charles Pettigrew (ancestor of Gen'l James Johnston Pettigrew C. S. Army, who was killed in the retreat from Gettysburg), John Hoskins, Wm. Kearby, H. Williamson, (member of Congress from N. C. in 1782, and member of the Constitutional Committee which formed the Federal Constitution in 1787. His name appears to that instrument.) Wm. Bateman, Peter Squier, Wm. Bennett, John Bennett, Alex Valentine (husband of Sarah Valentine of the Tea Party) Henry O'Neil, Wm. Henderson, Wm. Hartshorne, Abraham E. Lott, Thos. Bissell, Wm. Gardner, Benjamin Foy, John Twine, John Etheridge, Edward Walker, John Charlton, John Clements, John Nicholls, John Mare, Willis Langley, Jos. Westmore (certificate from Chris Neil Clk. of Craven County), James Webb, Jr., Henry Cheshire, Thomas Thigpen, Jr., John Edey, Phillip Pratt, Nehemiah Bateman, Stephen Miles, Reuben Fairchild, John Bateman, Sam'l Mitchell, John Wilkinson, Jacob Butler, Ste Cabarrus, John Wyllie, Alex Black (took the oath in my presence before Thomas Benbury, Esq., S. D.), Robert Hardy and Robert Smith (took the oath in my hearing S. D.), Robert Patterson.

State of North Carolina Ss.

The above and foregoing is a list of Persons who have taken the oath annexted or affirmation as the Law of this State requires, certified by me this 23d day of June, 1778.

S. DICKINSON, J. Pac.

RULES OF PRACTICE ADOPTED IN 1709 IN THE

SEVERAL COURTS.

Rules of Court and Proceedings to be observed in the Severall Courts by all Persons in this Province to commence from this the fifth day of Aprill in the Eighth year of the Reigne of our Sovereign Lady Anne Queen of Great Britaine & Anno Dom., 1709.

"1. Upon a writt of Capias taken out the Copy of the Declaration shall goe wth it and if the Marshall returne a Cepi Corpus the Dft shall file his plea in the office at Least thirty days after serving the writt and Declaration. The Judgmt by nihil dicit.

2. If returne be made persuant to the Act of Assembly entituled arrest of Persons absconding the Deft. shall appear the next Court after the attachmt shall be there Granted agt his Estate.

3. And if he do nott putt in his plea in thirty days after attachment executed Judgment shall pass by nihil Dicit.

4.

The Marshall att the time of serving the writt and Declara

tion or attachmt and Declaration shall endorse the time when he serves the same.

5. If the Deft. pleads Generally the Issue is joyned.

6. If ye Deft pleads specially the Pltff shall reply or demurr in Twenty days after the Plea or a non Prociquitor to be Entered and Execution issued for cost and Ten days be allowed between Replication, Rejoynder, &c., Demurrer or Joyner in Demurrer, &c.

7. An Issue of Law or fact shall be perfected Ten dayes before sitting of the Court. But if the time will not permit the Process and proceedings shall not abate but continue in order to ye fitting up the Issue for the next Court.

8.

The Clarke shall perfect a List or Docquett of all the Causes to be tryed every Court and shall Insert the Issue and cause the same to be delivered to the first Commissioners in the Generall Court within forty miles of the Office at least Tenn days before the Court and if that Commissioner cannot attend, it is to be returned to the Court by the hands of the Marshall or Deputy who is obliged to convey the same to ye Commissioners.

9. All persons admitted as Attorneys shall, before they appear in any business in Court or defending any suit from and after ye next General Court to be held within ye Governmt in July next, have the oaths administered to them."

SUIT FOR DAMAGE. Ann

vs. Sarah

WITCHCRAFT CHARGED.

"A plea of the case upon defamation, that where as the Pltffs have at all times well behaved themselves & been of good repute amongst all her Majest Liege people & never were Supporters orConscious of Witchcraft, which the Deft. Sarah well knowing yet of her malice minding & intending to lessen the credit & reputation of the Pltff. & thereby intending to bring the Pltff Anne under the penalty of the Statute in such cases made and provided, in the month of February last past at the house of Cornelius Lerry, late dec'd in this Government, utter and pronounce these false scandalous words of the Pltff in the audience & hearing of Divers her Matie liege people to-wit: You (meaning the Pltf Anne) are a witch & I'll prove it by which false scandalous & malicious words the Pltffs in their Name, fame & reputason say they are damnified Two hundred pounds sterling for which they have brought their action & humbly crave judgment of the Honble Court for the same & costs of Sute and they shall pray ever.”

The paper is not dated but was between 1702 and 1712 from the names of the parties mentioned, which the writer has intentionally omitted.

AFFIDAVITS RELATING TO LOYALISTS AND TORIES DURING THE REVOLUTION.

We copy from the originals in a package of papers in the Court House at Edenton, N. C., marked "Affidavits respecting the Tories during the Revolution" the following items. We give them just as they are names and all. We have refrained from publishing any items where persons were charged with infractions of the "Criminal Law," but political opinions and acts constitute the history of a country in an eminently high degree, and certain information which the public have a right to know and of which they should be informed. We copy from the originals.

Affidavit of William Hyman.

"William Hyman being sworn on the Holy Evangelists of Almighty God, Deposeth as follows (to-wit) that James Sharard asked him if he could keep a secret and after awhile he took a Book and put it into this Deponent's hand & he the said Sharad said to this deponent you shall keep this close & not reveal it to any but such as I shall Teach you, then he the Sharard read the Constitution, & this Dept. objected to some articles in sd Constitution but swore as follows (to-wit) that he this Dept. should Defend & protect all drafted, Distres'd or opprest persons or them that are called Tories as we think ourselves fully able and if the King conquered the Country that we shall save our Estates & that the said Sharard told him that it would be necessary for each man to provide himself with half a pound of powder & Lead and this Dept. further sayth that the Scheme was to drop it being discovered and this Dept. further sayth that Sharard informed that Luallen had used many Endeavors before he brought him in the scheme & that Mr. Sharard had Represented the State Oath to this Dept. in a very Dredfull light contrary to what he now finds it & further this Dept. sayeth not. WILLIAM HYMAN.

Sworn to before me the

4th July, 1777.

John Everett.

Affidavit of Benjamin Harrison. Tyrrell County.

July 16th, 1777. Benjamin Harrison, son of Thomas being brought before us Justices for the County aforesaid being duly sworn on the Holy Evangelists of Almighty God deposeth & saith that at his Father's house Daniel Legate asked him if he would swear to keep a secret, which he this deponent agreed to & Legate swore him, & then read the Constiution to him, which he wanted this Deponent to swear

to, but this Deponent objected as he could not read it himself, then as an inducement to this Deponent to take the second Oath he mentioned that several Considerable People were concerned in it particularly Stewart, Sherrard, Lewhellen & Hays in Martin County, Wm. Brimage, Peleg Balote & one Brogden in Bertie, beside some people in this County. Upon this Deponent refusing to stand by & support the Constitution, the said Legate then requested him to take an Oath to keep it Secret which this Deponent Did. The said Legate read to him a third Oath the purport of which was that under any injunctions of inviolable secrecy that they would protect any persons being Draughted or pressed to go to War against there will, that they should not be suffered to go but should be relieved there was several other matters in the Oath which this Deponent cannot recollect & this Deponent further saith that he heard Legate say that he General How had a hint of matters carrying on by the Assoceators before that

time.

This Deponent further saith that he refused to take the third Oath & then Legate swore him again to secrecy. This Deponent further saith that Legate informed him that William Brimmage was swore as a Senior Warden & further this Deponent saith not.

BENJAMIN HARRISON.

Benjamin Harrison Principal 100£. Jonathan Davies Security 100£ for appearance at the next Court of Oyer & Terminer to be held at Edenton.

Sworn & acknowledged before us

Arch'd Corrie, J. P.,

Chas, Johnson.

Affidavit of William Durrance.

Tyrrell Co.

July 14, 1777. William Durrance Came before us Justices assigned to keep the Peace in said County and being duly sworn upon the Holy Evangelists of Almighty God Deposeth & Sayeth that on or about the First day of July inst. that, Dan'l Leggett came to him the said William Durrance to his own house, and in the light of said Day Called the said Durrance out, and ask'd him if he was willing to stand up for the Protestant Religion, when said Durrance reply'd he was, Leggett told him that before he could let him into the affair he must swear to keep it secret, but said Durrance Refus'd to swear till he knew what he was to swear to, upon which they parted & said Durrance saw Leggett no more untill they met at Wheat Reaping at Jonathan Davis's in said County, when said Durrance was induced by persuasion & the example of others who were there & then swore to Take the Oath which was administered to him by said Leggett, the