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SKETCH OF THE JUDICIAL HISTORY
OP
NORTH CAROLINA,
WITH
A LIST OF THE JUDGES AND ATTORNEY GENERALS
SINCE THE ADOPTION OF THE CONSTITUTION.
Under the proprietary government, the judicial authority seems
to have been divided among the precinct courts, the general
court, and the court of chancery. Commissions to hold the
precinct courts were issued by the governor to four justices of
the peace, two of whom were of the quorum, and the court
was regularly organized, when either of the latter wTas present to-g
ether with one or more of the associate justices. The jurisdic-tion
of the precinct courts extended to all civil causes under the
value of five pounds sterling or one thousand pounds of tobacco,
and to all "felonious witchcrafts, enchantments, sorceries, magic
arts, trespasses, forestalling, regratings, extortions, unlawful as-semblies,"
&c. ; provided " that if a case of difficulty upon the
determination of any of the premises should happen to arise," or
the offence "relate to the taking away of any one's life, member
or estate," all such matters of difficulty should be referred to the
governor, deputies, and rest of the grand council.*
The general courtf was held by the chief justice represent-
* The commission from which the above extracts are taken, is the oldest public record
in North Carolina; it bears date the 3d December, 1679, and is directed to George Du-rant,
Alexander Lillington, Ralph Fletcher and Caleb Calloway, Esquires, of Berkley
(now Perquimmons) precinct. The minute docket of Berkley precinct court upon which
it is recorded, is preserved in the superior court clerk's office of Perquimmons county.
t The earliest record of this court, extant, is the minute docket of "the General Court
held for that portion of Carolina, north and east of Cape Fear," at the house of Capt.
John Hacklefield, on Little River, on the 23th October, 1712. On the 29th of March,
1715, it was removed to the house of Capt. Richard Sanderson ; on the 31st of July,
1716, to " Queen Anne's creek at the court house," and on the 24th March, 1722, it was
opened at Edenton. The following is the caption of the term.
" North Carolina, ss.
" At a general court, held for the said province at the court house in Edenton on Queen
Anne's creek, on Tuesday, the 27th March, 1722. Present, Christopher Gale, Esquire,
Chief Justice. The Lords Proprietors commission to Christopher Gale, Esq. Chief
Justice was read and published, the commission to the assistants being voyd, by the de-mise
of the late Governor Eden."
The docket closes with July term 1724, is closely and well written, containing 425
pages with index and marginal notes. The pleadings are entered at length and with
technical accuracy. On the " General Court Docquet" for July, 1 742, there are 250
trial causes and 64 appearances.
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