Sunday, August 2, 2020

Notebooks - North Carolina # 6, Part 1

Bennett, William, abs. Miscellaneous Records from Land Grant Record Book 9, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, Aug. 1986.

[Editor's Introduction: The last seventy-five pages of Land Grant Record Book 9 (1735-1745) in the Land Grant Office, Department of the Secretary of State, Raleigh, contain a miscellaneous grouping of wills, letters of administration powers of attorney, bonds, deeds, land inquisitions, depositions, affidavits, and other items. Many of these records concern North Carolina property owned by persons outside the province. Thanks are due Mrs. Martha Paskewich of the Land Grant Office for her assistance in the preparation of this material.]

p. 414 Will of Michael Beezley, of City of New York, Mariner, 12 September 1747. Mother; Mary Humphys, wife of William Humphrys of Baptist Mils in Bristol in Great Brittain - 100 pounds sterling to be paid from Cape Fear in North Carolina out of effects in hands of Richard Quince, Merchant. Friend: James Mills of City of New York, peruke maker - 50 pounds of current money of New York as executor. Helena Mills, daughter of the said James Mills - 10 pounds New York. Wife: Mary Beezley formerly Mary Stathams - remainder. Executors: Wife & Friend James Mills. Witnesses: Edmund Knight, Jonathen Fitch, Lawrence Green.

McBride, Ransom. List of Taxables for 1762 in Granville, NC, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, Aug. 1986, Feb. 1987, May 1987.

Part I Introduction. By 1760, colonial Granville County had lost the western half of its confines to newly created Orange County, but still held on to an area that included today's counties of Franklin, Granville, Warren and Vance. This situation would last only until 1764, when over half of its area would be taken to form Bute County, a political entity that would disappear in 1779 when it was divided into the counties of Franklin and Warren. For Granville County the years around 1762 saw more than local changes in its boundaries. The French & Indian War was ongoing from 1755 - 1763, and hostile Indian depredations urged on by the French along the Catawba River of North Carolina drove out hundreds of settlers. From 1756-59 in Rowan County alone, "the number of taxables dropped from an estimated fifteen hundred . . . to just eight hundred. . . . [Colonial North Carolina - A History by Hugh T. Lefler & William S. Powell (New York: Charles Scribner's Sons, 1973), p. 143].  

In early 1760 Fort Dobbs (near to today's Statesville, NC) was attacked, Bethabara and Bethania (Moravian communities north of Salem, NC, now part of Winston-Salem) were threatened, and by June, the Cherokees ambushed and inflicted heavy casualties on a British Army force of some 1,600 in what is now the southwestern part of North Carolina. These events were not heartening signs to settlers on the frontier, and many turned to safer ground east of the Yadkin River, some known to have moved eastward into then Orange and Granville Counties. Although Granville was some 100 miles east of the nearest hostile Indians, it served as a refuge for some of the fleeing settlers from Rowan. Some kinsmen and friends had probably settled there. However, when the frontier again became relatively quiet after the Indians were defeated and a peace treaty was signed in December 1761, some of the ex-Rowan County settlers and others moved again westward. Support for this thought is amply seen in the lengthy list of delinquents and insolvents for 1762 in Granville County at the end of this article as well as the list for 1763. A definitive study of these lists of taxables would no doubt yield interesting studies of these early settlers and their migratory inclinations.

In the early 1760s, Granville residents were also beginning to experience what was later known as the Regulator movement. In 1759 Reuben Searcy (see his name in Henderson's tax district) circulated a petition which accused the Attorney General of North Carolina with charging outrageous fees and also preventing the appointment of Justices of the Peace in northern Granville County. These accusations were again taken up in 1765 by George Sims, schoolmaster of the Nutbush community in Granville, who charged that the people were being made to suffer through "excessive taxes, high quit-rents, extortionate fees, and fraudulent accounting of public monies" [Ibid, pp. 228-229.] by the malpractices of the County court. With such strong utterances made against the county and provincial authorities, one wonders how many people left Granville due to these alleged burdens on the populace. The Regulator movement was also active in neighboring Orange County, as events were to prove, so frontier lands probably beckoned many who were feeling oppressed by the "county cliques."

Granville County in these years was also the scene of migration from the northern colonies, primarily before the French & Indian War. The arrival of Shubal Stearns of Boston heralded the organization of he Baptist church in the Sandy Creek community in 1755. This nucleus grew later into the Sandy Creek Association in 1758 with which "all the separate Baptist churches in Virginia and the Carolinas were affiliated . . . " [Ibid, pp. 199-200.]  If one were to compare the survivable tax lists of Granville over several years of this period with those from near counties as far as migratory patterns are concerned, such migration should be better understood. Few studies have addressed the events of these early years, but perhaps the publication of this and other lists of taxables will give encouragement in this direction.

Colonial Taxation in North Carolina (1762). The procedure for preparing a List of Taxables in North Carolina in detail was drawn up by the General Assembly in 1743 and enacted by Governor Gabriel Johnston, a Scotsman who had taught Oriental languages at the University of St. Andrews. The new law's provisions included the following steps:
  1.  The Justices of each county, "at the next Court to be held for their respective Counties after the first Day of May next, and so yearly," will issue a warrant directing Constables in each of the respective tax districts in their respective counties "to go from House to House, . . . and summon the Master or Mistress of every Family, or the Overseer of every Plantation, of which there is no master or Mistress," to "give in . . . a List, in Writing, of all the Taxables in his or her Family, as a Master, or a Mistress, or under his Care as an Overseer; and the Constable shall likewise give in a List, upon Oath, to the said County Court, of all such Persons so warned, and the said List shall contain all the Masters and Mistresses of Families, and Overseers of Plantations, within his District."
  2. Every "Justice to whom any such List of Taxables shall be given . . . shall return the same to the Clerk . . . "  (from "An Act for obtaining an exact List of Taxables, and for the effectual Collecting as well all Arrears of Taxes, as all other Taxes, for the future due and payable," in The State Records of North Carolina, edited by Walter Clark (Winston & Goldsboro: State of North Carolina, Vol. XXIII, p. 210).
County officials designated the constables and also declared the boundaries for the tax districts within the county.

List of Taxables for 1762, Granville County - On 25 January 1762, a note signed by Samuel Johnston, nephew of Governor Gabriel Johnston, arrived in Granville County ordering "a list of the Taxables for the last year immediately, and as soon as possible . . . " [Filed in the folder for the List of Taxables, Granville Co., NC for 1762-1763 (#CR 044.701.19) at the NC State Archives].

The results of this order were filed at the North Carolina Sate Archives in Box #CR 004.701.19 in a folder marked "Lists of Taxables for 1762-1763." The 1762 version includes lists from twenty tax "districts" whose exact boundaries are unidentified, however, a general area of tax collection in each district can be developed by comparison of the land holdings of each taxable [map included in article] . . . 

Fishing Creek District, William Johnson & Samuel Benton JPs, William Moore & Brissey Parrish constables . . . 

The Tax Laws of 1743 and 1749 were the only guidelines for county officials involved in the tax collecting effort, and uniformity of a tax format in taking such tax lists was not apparent in 1762. Most lists had separate columns for whites and blacks, a few had a column for mulattoes, and others variously showed columns for free blacks, male slaves (including separate tabulation of those above 16 years of age and below 16) and a "total" column. On all lists, each household of persons appeared to be grouped together, and the first named white person apparently was the "Master" or "Mistress" - the head of household as noted in the much later US Federal Censuses. In arriving at a total figure in a particular tax district, some officials would count a Master or Mistress twice, once under the column for Master or Mistress and again under the column marked "Whites."  Because of this discrepancy, grand totals from the originals are not shown below.

For the purpose of this article and to conserve space, all persons in each household will be grouped together with the "head of household" being listed first, followed by the other persons in the group. . . . 

Cross Road District [along Roanoke River in current Warren County, NC] 
32. John Wright, Moses Wright, 2 total
33. Joseph Wright 1 total 
81. James Walker, Will'm Wright, slaves: Jeck, Charles, Tomie, Lettice, Rose, Lucie, 8 total 
 
Memorandum: All persons in households below are grouped together with the "head of household" listed first. . . . All surnames are capitalized in this paper. The numerical columns below follow the original documents generally. Each household below is arbitrarily numbered beginning with "1" for each tax district, although such numbers were not used in the original documents (filed at the N.C. State Archives in Box C.R. 044.701.19 in folder for taxables 1762-1763).

 Epping Forest District

18. Thomas PARISH, sons Thomas & Elijah - 3 white, 3 males, 3 over 16, 3 total
19. Jesse PARISH 1 white, 1 male, 1 over 16, 1 total
20. Sherwood PARISH 1 white, 1 male, 1 over 16, 1 total
41. Booth PERRY *Jack, *Sal [slaves] 3 total 

Granville Co., NC 1762 Tax Districts map, shows Epping Forest District as the area drained by Tar River tributaries: Tabor Creek, Poplar Creek, Long Creek & Ruin Creek.  It may be in current Vance County.

List of Samuel Marten
19. Tho's. PARRISH
20. Je[rphe?] PARRISh
21. Sher'd. PARRISH

Fishing Creek District List by Will Johnson [along Fishing Creek and it's tributaries in what is now Warren County.]
28. Tho's. PARISH 

Fishing Creek District List of Samuel Benton
60. Bressey PARISH, Constable, son Justice 1 white, 1 male, 1 over 16, 1 total 

List of William Moore, Constable for 1762 Summons
17. Tho's. PARISH

List of Brisse PARRISH
28. George PREDY [PRIDDEY] 

Jut List of all those Masters, Mistress's & Overseers in Henderson District by Reuben Moss, Const. [Henderson District across the Nutbush Creek probably in current Vance County]
12. Charles PARRISH 

Island Creek District by Jn'o Williams Ju'r. [Island Creek District along Island Creek in current Granville County]
22. David WICKER, John PARISH 2 total  
 
List of Persons Summon'd in Island Creek District . . . by David Clanton, Constable, 31 July 1762
15. Michail WILLIAMSON 
 
Ragland District by John Williams, Junr. [Ragland District across Nutbush Creek tributaries Flat Creek, Crooked Run, and Indian Creek in what is now Vance County, NC]
2. David Parish & son David 2 whites, 2 total
18. William parish 1 white, 1 total

St. John's Parish District taken by John Pope [St. John's across Cedar Creek and tributaries: Brandy Creek, Camping Creek, Big Branch Creek and Crooked Creek in what is now Franklin County, NC]
114. John Perry, negro fellows - Antony, Neilson - 3 
115. Burrell Perry, Richard Beesley 2 

Shocco District by Sol. Alston [Shocco District along Shocco Creek & its tributaries in what is now Warren County, NC]
17. Joshua Perry negros Carry, Juda, Joe 1 master, 1 male slave above 16, 1 male slave under 16, 1 female slave, 4 total 
 
A List of Taxables for the Year 1762, Insolvents
209. Mauldin, John, 1
248. George Priddy 3
249. Parrish, Jesse 1
250. Perry, Booth 1 
265. Parrish, Thomas 1

McBride, Ransom. Returns of Wills & Administrations Granted in North Carolina, 1753-90, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, Aug. 1988. 

Introduction: Surviving lists of probate action taken by individual counties in North Carolina from 1753 to 1790 and forwarded to the Secretary of State fro the Province or Ste are shown below in an arbitrary standard format (original lists use different forms). . . The extant lists are filed with the Secretary of State papers at the NC State Archives in Raleigh (File #'s 883 & 884): Returns of Probates of Wills & Administrations Granted, A-W (by County), 1753-1790. 

Johnston County
  • July 1760 Gurley John - Will, granted to his widow, Witnesses or Securities: Jo's. Gurley
  • July 1760 Gurley, Will'm. - Will, granted to his widow [Mary?], Wit/Sec: John Ballard & Jos. Gurley

McBride, Ransom abs. Revolutionary War Service Records & Settlements, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, Nov. 1987, Nov 1989.

This is the [number] in a series of articles from the Revolutionary War Service & Final Settlements, 1776-1792 file in the Military series of the Treasurers & Comptrollers Records at the North Carolina State Archives. These records are the final settlements of the United States with individuals for service in the Continental Line (North Carolina) during the American Revolution. Other such settlements had been concluded before these "final settlements," so the soldiers noted here do not represent the only such settlements for this type of service.

A few folders in the "final settlements" file are not concerned with Revolutionary War service, but refer to militia service in frontier duty and expeditions against the Indians, primarily in Tennessee.

The abstracts below are arbitrarily numbered and are listed in alphabetical order by surname of the individual(s) whose account(s) is/are being settled. The numbering begins with 1 for each numbered file box in this series. The box and letters representing the surnames contained in the box are noted at the beginning of each such listing. 

There are often many other names mentioned in these abstracts other than the one highlighted . . . after each number. A careful scan of each abstract may be worthwhile, even though the . . . name is not your ancestor. This series does not lend itself to careful cross-checks at this time.

Box 19 M - Moldin / Maldin through Myers

69. Moldin/Maldin, Humphrey. Certificate dated 24 --- 1789 and signed by Will Bush that "Humphrey Mauldin was a Soldier in the Continental Line in twelve months Service Southern Department and Served said term and died on his return home."  On Reverse: Attestation of Lew Bryan, County Clerk of Jones Co., March Term 1789, that "It appears to this Court by the affidavit of Robert Parry that Lydia Pary (late Lydia Malden) is the Legal representative of Humphrey Malden dec'd. the person mentioned on the Back of this Certificate.

Letter from Liddia Parry, Jones County, NC, 20 June 1791 to Francis Child, Esq'r. Comptr., Hillsborough: "I have sent by the bearer M'r. John Franck for twenty three dollars and one third due me in final Settlement Certificates (or thereabouts) agreeable to your List, on account of the Services of my dece'd. Husband Humphrey Moldin. I have inclosed the Right I have in this Letter, which is two Certificates - one from William Bush Esq'r. and the other from the Clerk of Jones Court. I did not choose to make an assignment of my Right, therefore have got in Mr. Franck's favor to bring it for me. I am for your & c.  /s/ Liddia (+) Parry  Wit: Mary (+) Hill 
 
102. Sheppard, William. Pay account of the United States with William Sheppard, Private from 1 Mar 1777 to 1 Apr 1778. Account balance received in full (£29.16.8) on 26 July 1792 by H. Speer.

Power of Attorney from Nathan (+) Sheppard, son and administrator of William Sheppard, decd., late a soldier in the Continental Line of N.C., who appoints Henry Speer of Surry Co., NC, attorney, 21 June 1792, to recover from the Commissioners appointed "all Clames of the line aforesaid the Depretiation of my Fathers pay as a soldier in the aforesaid . . . "  Certified by Obediah M. Benge and Samuel Moseley, J.P.'s of Surry Co., NC.

Deposition of Nathan (x) Shepperd before Wm. Thornton and Saml. Moseley, Justices of Surry Co., NC, "that his father William Shepperd served two and a half, or three years in the Continental Service of this State as a Soldier, and that he the said Nathan Shepperd did duly administer on his said father's estate . . ." Dated 30 June 1792.

Deposition of Joseph Phillips before W'm. Thornton and H. Speer, J.P.'s of Surry Co., NC, 21 July 1792, "that in the month of May in the year one thousand seven hundred and seventy six a certain William Shepper inlisted with him, who then acted as Captain, in the fourth North Carolina Regiment for two years and a half, and that afterwards he understood that said Shepperd reinlisted for three years or during the War.

Michaels, Elizabeth, abs. Burke County Land Grants [NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, ca. 1991]

Continued from June 1991 Journal.

1164. Charles McDowell 320 acres both sides of Henry's Fork & Laurel Fork of Catawba. Ent. 23 Oct 1779 #932. Surv. 29 Jan 1785. CB: Zachary Downs & William Boman. Grant #1165 18 May 1789 [CB = chain bearers]

1194. Charles McDowell 120 acres both sides middle fork of Ivey River joining above Greenlee & Bowman. Ent. 1 Aug 1783 #62. Surv. 7 Aug 1787. CB: William Sams & David McPeters. Grant #1195 18 May 1789.

Richardson, Rosemary. Franklin County, NC, Lists of Taxable Property for the Year 1815, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, May 1988. 

Editor's Introduction: Lying astride the Tar River in north central North Carolina, Franklin County was established in 1779.  Its boundaries were slightly adjusted in later years, and part of its territory was given to Vance County in 1881.  Research in Franklin is hindered by the loss of its 1820 census, but a remedy of that loss may be found in its tax list for 1815.  The manuscript of the 1815 tax list of Franklin County is preserved in Treasurer's & Comptroller's Papers, County Settlements with the State, in the North Carolina State Archives, Raleigh, NC. 

Captain Jones Cook's District
  • Perry, John (spec'l) 690 acres, $3/acre valuation, $2070 aggregate value, 1 white poll, 4 black poll
  • Perry Solomon 1 white poll
  • Perry, John (Busky) 1 white poll
  • Perry, Baldwin 100 acres, $5/acre valuation, $500 aggregate value, 1 white poll, 1 black poll
  • Perry, Baldwin, Exr. of Jas. Perry dec'd 290 acres, $5/acre valuation, $1450 aggregate value, 1 white poll, 5 black poll
  • Perry, Baldwin for Albert Perry 95+ acres, $5/acre valuation, $477.50 aggregate value
  • Perry, Jeremiah (RH [redhead]) 220+ acres, $5/acre valuation, $1102.50 aggregate value, 1 black poll
  • Perry, Nathan 953+ acres, $4/acre valuation, $3815 aggregate value, 1 white poll
  • Perry, Jeremiah 3298 acres, $3/acre valuation, $9894 aggregate value, 1 white poll, 30 black poll
Captain Alford's District - 1815
  • Perry, Jeremiah 1441 acres, $3.32/acre valuation
  • Perry, Jeremiah 350 acres, $.75/acre valuation, $5046.62, 23 aggregate value, black poll
  • Perry, Jeremiah Exr. Jacob Hartsfield 1405 acres, $.75/acres valuation, 1053.75 aggregate value
Captain Hester's District for the Year 1815
  • Perry, William, 683+ acres, $4/acre valuation, $2734 aggregate value, 1 white poll, 5 black poll
  • Perry, William Jr. 1 white poll
  • Perry, Issac 1 white poll
Captain Hunt's District for the Year 1815
  • Perry, Burwell (B) 170 acres, $340 aggregate value, 3 black poll
Captain Stone's District for the Year 1815
  • Parish, Pleasant 1 white poll 

Shook, Persis abs. Land Entry Books of Burke County, North Carolina (1778-1795) [NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, nd]

Entries may be found in Raleigh, NC with the NC Secretary of State's Papers, filed as NC State Archives Call Number S.S. 950.1 & also found on LDS Film #988930.

#100 Joseph McDowell, 700 acres . . . Joining Thomas Hemphills & James McDowells survey lying on both Sides of the first large Creek that Empties into Pigeon River below Richland Creek & including a Small Round hill & meadows on North west Side & an ole beaver dam on the South East Side Runing [sic] up the Creek for Complement. Entered 21 October 1791.

#126 William McDowell, 50 acres . . . the hind(?) Currant of Cane Creek Joining the Land that I Bought of Probst. Entered 17 January 1792.

#196 John McDowell, 50 acres . . . lying on the west fork of the Garden Creek about one mile above where the Land opins [opens] above his own patend [patent]. Entered 27 Oct. 1792. 

#1115 Charles McDowell 45 acres. Lying on both sides of the Mulberry fork of Johns river on said forks Bottoms north of said McWells larger survey . . . crossing Mill Branch. Entered: 25 Dec 1779 #1280.

#1124 Charles McDowell 400 acres. Lying on the est [east] side of French Broad River above the mouth of Swananoa joining William Heward line. Said land was entered in the name of Charles McDowell by him transferred to James Murphy & by James Murphy transferred to said Jo McDowell. Entry is not to take any of Robert Pattens land. Entered 6 Oct. 1783 #131. Surveyed: 30 Dec 1786. CB: James Chambers, William Whitson. Issued: 8 Dec 1787. Grant #1081. 

#1125 John McDowell Sr. 640 acres. Lying on both sides of Richland Creek . . . joining the lower end of John Carsons survey. Entered: 1 Dec. 1783 #138. Surveyed: 10 Apr. 1787. CB: Rd Hightows, Jo McDowell. Issued: 8 Dec .1787. Grant #1082.

#1130 John McDowell 50 acres. Below his other survey. Lying on both sides of Rims Creek including a remarkable good Mill seat about one half mile below the Road. Entered: 26 Apr. 1784 #201. Surveyed: 6 Oct. 1787. CB: J. McDowell, Wm Whitson. Issued: 8 Dec. 1787. Grant #1087

#1132 John McDowell Sr. & Joseph McDowell 640 acres. Lying on both sides of Richland Creek including the mouths of two little creeks one lies on the East the other on the west side. Entered: 1 Dec. 1783 #137. Surveyed: 11 Apr. 1787. CB: Richd Hightorn, Jo McDowell. Issued: 8 Dec. 1787. Grant #1089.

#1144 John McDowell 120 acres. Lying on both sides of Rimes Creek on the uppers side of said McDowells 320 acre survey. Entered: 1 Dec. 1783 #140. Surveyed: 15 May 1787. CB: Wm Dever, Jno Weaver. Issued: 18 May 1789. Grant #1145  

 Stevenson, George. Preparing for Genealogical Research in North Carolina State Archives, ca. 1986.

When a research trip to any library, archives, or similar facility is planned, the researcher has a duty to prepare for it. Not only should one write for advance information about hours of operation and other general information about the research facility, but the researcher should organize, analyze and study notes on the subject until essential facts are fully arranged in the researcher's memory. This supposes that the researcher has already gathered together such facts that are readily at hand.

It is an irony of research that the more one knows about a subject, the more one is going to learn about that subject. . . . 

The key to making the miracle of discovery happen more frequently lies in preparation. Many questions about an ancestor can usually be answered by the researcher before leaving home. For example, in approximately what year was the ancestor born? Was he or she married in North Carolina? Was the spouse born in North Carolina? Where were the children born? In what years? How long had the ancestor lived in the county and state in which they were residing in 1850?  Have the deeds, tax lists, and similar records of that county been abstracted? Are published guides and abstracts relating to an ancestor in question available? What families were neighbors of the ancestor when he first appeared in the new county? In 1850? Were any of the neighbors born in North Carolina? And so forth. The researcher needs to know answers to as many of the above and related questions as can be found.

Before research in North Carolina records can be undertaken, the researcher needs to determine in which North Carolina county or counties the ancestor had lived prior to emigrating. Sometimes the researcher can discover the correct county merely by consulting indexes to earlier census records of North Carolina. Usually this will prove not to be the case since only the heads of households are named in censuses taken from 1790 through 1840. 

Most of the pre-1900 records of North Carolina's one hundred counties are preserved in the State Archives, but these records are not merged into one gigantic file arranged by family name.  Each county's records are kept separate from the records of other counties. Moreover, it is possible to arrange only a few series of records alphabetically by family surname such as marriage bonds, estate records and wills. Of these, only the marriage bonds have a statewide index (though a statewide listing of North Carolina wills prior to the year 1900 is expected to be privately published in the spring of 1987.  The researcher therefore needs to have sufficient information about his ancestor to make it possible to ascertain the county of origin before one can identify the records required for research. . . . 

The conscientious researcher will wish to include background reading as part of preparation for research in North Carolina and will also want to formulate a plan for research. Preparatory reading should include appropriate chapters in North Carolina Research: Genealogy & Local History, edited by Helen F.M. Leary & Maurice R. Stirewalt (Raleigh: North Carolina Genealogical Society, 1980). For organizing a scheme of research in county records, he researcher should consult Guide to Research Materials in the North Carolina State Archives. Section B: County Records, Ninth Revised Edition (Raleigh, 1984). Local libraries usually can assist researchers in locating copies of these two works.

In addition to consulting North Carolina Research: Genealogy & Local History, the researcher lacking experience in the use of original records and planning to utilize these primary sources should read some of the many "how to" books that are currently available. . . . 

Those researchers who plan to consult only family histories, genealogies, and published works should plan to spend most of their time working in the Genealogical Services Branch of the State Library which is located in the same building as the State Archives. 

Swaim, Benjamin. The North Carolina Justice, NCGS Journal, Raleigh, NC: North Carolina Genealogical Society, May 1987.

Glossary of Technical Terms & Phrases
  • Particeps criminis. A partaker in the crime
  • Partus sequitor ventrem. The offspring follows the condition of the mother, without regard to that of the father.
  • Pater patriae. The father of his country.
  • Pecavi. I have sinned.
  • Pendente lite. Whilst the suit is pending
  • Per annum. By the year.
  • Per diem. By the day.
  • Per se. Of itself.
  • Pie pouder. The name of the lowest court in England, so called from the dusty feet of the suitors. 
  • Pluries. The third writ that issues in case the two former, (capias & alias) have been returned without effect.
  • Posse commitatus. The power of the county.
  • Post mortem. After death
  • Prima facia. Presumptive, from the first face of the matter.
  • Pro confesso. Taken for granted, confessed.
  • Prchein amey. The next friend.
  • Pro et con. For and against
  • Pro tempore. For the time
  • Per stirpes. According to the root
  • Per capite. By the head
  • Proxy. A substitute or agent.
  • Quantum meruit. As much as he hath earned. 
  • Quid nunc. What now?
  • Quid pro quo. What for what. Generally used to signify the consideration of an agreement. 
  • Qui tam. Who as well. When suit is brought on a penal statute, where any person could sue for the penalty, it is called a qui tam action
  • Quo ad hoc. As far as this
  • Quorum. A sufficient number to proceed to business.
  • Quota. How much. How many.
  • Quo warranto. By what authority. This writ lies against any person who usurps an office, liberty or franchise, that does not belong to him.
  • Quare clausum fregit. Why did you break into my enclosure.
  • Retraxit. A term in law, where the plaintiff recalls or revokes his proceedings.
  • Recordari. A writ from the Superior Court to cause a Justice of the Peace to record the proceedings of a case before him, and return them for trial in the Superior Court. This writ is grantable in all cases where injustice has been done, and the injured party has lost the opportunity of appeal, not through gross neglect.
  • Scire facias. Cause it to be made known. This writ is for the purpose of reviving a judgment, or giving the defendant an opportunity to show cause why a judgment, or other matter of record equivalent to a judgment, should not be enforced.
  • Sine die. Without a day. 

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