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Early Settlers"THE NORTH CAROLINA ENGLISH: THEIR ORIGINS, SETTLEMENT, AND LEGACY" HtLEN F.M. LEARY, C.G. 516 E. Jones St. Raleigh, NC 27601 "The North Carolina colony in the eighteenth century w as a child of England. It shared with the mother country a common language, political institutions, social systems, and other concepts and perceptions so fundamentally English that the American Revolution was in many ways a civil war. Yet there were undeniable differences between parent and child:" "North Carolina in the First British Empire: Economy and Society in an Eighteenth -Century Colony," William S. Price, Jr. Butler and Watson, The North Carolina Experience. A. Preparing for settlement of North Carolina 1. In England a. Doctrine of "Effective Occupation" and drive for political dominance in Europe - need to get settlers "on the ground" b. Theory of "Merchantilism" - an empire, with raw materials produced in colonies and manufactured goods produced in mother country; limita- tions on colonial exports; severe limitations on money supply in colonies; legislation promoting production of certain products in specified colonies (e.g.,Naval Stores Act of 1705) c. A workforce ready for departure (early Virginia settlements) 1). previous European habits of migration a). local b). regional c). to London and other port cities 2). overpopulation, poverty, and dislocation of jobless (early 1600s) a). the colonies an extension of English home labor market b). poor malnourished, disease -prone, disease carriers i. infected American native population (Indians) ii. succumbed to American diseases (e.g., malaria) c). unable to pay passage money - indentured servants, redemtioners 3). changes in English labor market, 1660s - plague, fire, war a). changing nature of emigrants - fewer poor, more artisans b). beginning of "magnet" effect of colonies i. American & English land speculators ii. ships' captains - "cargo" for return voyages iii. earlier emigrant reports d. "Knowhow" developed from earlier failures (e.g. lists of "what to bring") e. English Civil War, Commonwealth, and Restoration 1). .James I died 1625; succeeded by Charles I (hiaitus in support for colonization) 2) . 1642 - beginning of civil war led by Cromwell 3). Charles I defeated, beheaded 1649 4). Commonwealth until Crom w ell's defeat in 1659 - Virginia remained ci royalist; safe haven for C.of E. clergy, et al t. 5). 1660 - Restoration; Charles II assumes throne; C.of E. clergy no longer endangered so not eager to emigrate; affected attempts to establish church in NC ` Davie County Public Library -� Mocksville, N im- wunin unnUL11VM t1MbL15H: I11LIR ORIGINS, SETTLEMENT, AND LEGACY" page 2 2. In Virginia r a. Virginia Company Charters, 1606, 1609, 1612 - included land south to Cape Fear b. 1607 - successful settlement at Jamestown c. 1618 - reorganization of Virginia government and beginning of House of Burgesses d. 1624 - Virginia Company charter declared void in English Court; Virginia became a Royal colony d. Growth of the Virginia plantation English class system present among immigrants a). upper - nobility, gentlemen adventurers, govt officials b). middle - merchants, entreprenuers, professional men C). lower - indentured servants d). a new class - Indian and African slaves 2). Population growth a). Gradual growth of native-born of English stock; began to outnumber surviving immigrants b). Completion of periods of indenture - former servants looking for land, competing with former masters c). Growing black labor force (2% in 1680. 15% 1690, 25% 1710) 3). Hostile Indians to the west - expansion limited to seaboard e. Activities specific to North Carolina 1). 1608, 1610, 1614, 16221, etc. - attempts to find Lost Colonists; explorations of "southern Virginia" 2). 1646-1651 - expedition against Indians on Chowan River; publica- tion of tracts to attract settlers; additional exploration 3. In.North Carolina a. 1584 - Charter to Walter Raleigh (settlement attempts 1585-1587) b. 1629 - Robert Heath's Charter (preparations with French Huguenots; no settlers sent); "Carolana" from s. side Albemarle to ca. lower Georgia c. 1632 - Heath sold to Lord M altravers and others (their Carolina interests finally settled 1768 with 100,000 grant in w. New York) d. Restoration - Charles II looking for suitable reward for those who helped 4. The Indians a. Hunting practices - use of fire had preserved virgin forests in wetlands (naval stores; grazing for livestock) b. Farming practices - slash -and -burn clearing techniques; field rotation rather than crop rotation on same field - "natural meadows" seen by explorers were fallow Indian farmlands Ce Theories of land ownership - land for communal use vs. English - land for personal use B. First Permanent Settlement of North Carolina, 1650-1663 1. Who were the settlers a. Trappers and traders b. Livestock raisers (cattle and hogs) c. Families d. Officials e. Merchants, etc. d. Ordinary folk 1) . freemen 2). indentured servants 2. The influence of geography a. The Dismal Swamp - no overland roads; travel difficult b. The Outer Banks - no deepsea ports; promoted coastal -travel THE NORTH CAROLINA ENGLISH: THEIR ORIGINS, SETTLEMENT, AND LEGACY" page 3 c. The Albemarle Sound - unifying waterway 3. Evidence of Earliest Settlement a. 1653 - Virginia grant to Roger Green for 10,000 acres between Roanoke and Chowan "next to those persons who have had a former grant" b. 1655 - Brodman begins to build Nathaniel Batts's house (in present Bertie Co.) - house noted on 1657 Comberford map c. 1662 - Va. Gov. Berkley appointed Maj. Samuel Stephens "commander of the southern plantation" d. 1663 - Albemarle population at ca. 500 1). distance from Virginia oversight 2). developing own social, governmental systems C. Beginnings of Government and Continuation of Settlement, 1663-1700 1. The Government - 1663 to ca. 1672 a. The documents 16630 1665 - Carolina Charters (second one expanded area to cover Albemarle settlements; regularized Proprietors' title) 1664 - Berkley's appointment of Drummond as first Gov. of Albemarle 1664 - Proprietors' Appointment of Peter Carteret, Asst. Gov. 1665 - Concessions and Agreement 1668 - Great Deed of Grant b. Settlement incentives contained in the documents (many included also in Heath Charter) 1). provision for support of C.of E. out of public funds, but guarantees of religious freedom to dissenters (Protestant -not Catholic), including recognition (but not support) of their clergy provided dissenters did not disturb the peace 2). grants of land (amounts varied) for immigrants: freemen for themselves, their families, and their servants (white or black); indentured servants for themselves at end of indentures 3). laws to be made only with "advice, assent and approbation" of freemen or a majority of them, or their Delegates (i.e., a repre- sentative legislature); legislature given right to decide them- selves when they would meet and adjourn 4). quiet possession of lands by freemen 5). provisions for naturalization of non-English immigrants, and all citizens to have same rights in colony as Englishmen at home 6). provisions for appointment of surveyors, registers to record grants and also settler -to -settler deeds; established legality of first -recorded deed/grant over all others, even if date of unrecorded was earlier (recordation not required in England until 20th Century) 7). provisions for establishment of local govt units c. BUT: 1). Lords Proprietors given power in NC equal to the greatest ever enjoyed by the Bishop of Durham County in England (virtually royal power] 2). provided for establishment of feudal courts (Courts Baron, Views of Frankpledge, Courts Leet) 3). Lords Proprietors given power to determine the "terms" of settlers' land ownership and purchase 2. The Government 1670-1700 a. Fundamental Constitutions (and amendments, changes, revisions, and other tinkerings; some formal, some in instructions to governors - .County p ubk Library Davle mocksville, NC +++c +vuR i n UhMUL114H tIVV.LISH: I HLIR ORIGINS, SETTLEMENT, AND LEGACY" page 4 implementation begun ca. 1672;. abandoned 1693; revived 1698 but not enforced; final abandonment by 1700) 1). formulated to "avoid erecting a numerous Democracy" - too late! 2). establishment of feudal social/land system (unsuccessful) 3). establishment of state church (unsuccessful) 4). establishment of court system (successful) 5). establishment of system for local government (successful) 5). establishment of system for colony -wide governmental system (only partially successful; led to strife; weak governor and virtually powerless assembly, strong Council; no chanel for complaints or for changes originating with settlers) b. Trade 1). tobacco economy in NC as in VA a). competition with VA b). lack of export ports - shipping through VA (roads begun; most transfers to VA ports via waterways) c). 1679 - Virginia closed ports to NC tobacco; not reopened until 1731 d). NC shipping to/through New England, also Phila., NY 2). 1672 Navigation Acts - high taxes imposed on trade not directly with England and not shipped in English hulls - tobacco excepted 3). 1573 - tobacco included in Navigation Acts; NC-N.Eng. "cooperation" in avoiding tarrifs 4). 1677 - Culpepper's Rebellion. conflict between Proprietors' representatives' efforts to enforce Fundamental Constitutions and Navigation Acts vs. pre -proprietary settlers efforts to return to earlier guarantees and free trade; results mixed and temporary c. Land 1). first land grants (grantees given 13 years to "plant") began to lapse in 1680s; petitions for re -grants 2). liberalized policies in 1690s - many patents deliberately allowed to lapse for re -granting under new policies; headrights re -proved (often named) 3). Virginia grants - disputed territory 4). English surveying practices used d. Settlement 1). Colony continuing to grow in spite of problems, especially in peace period after 1677; Quakers gained control of legislature, many public offices, peaceful influence - also with Indians (pop. in 1675 about 4,000) 2). Some indentured servants, but few compared with VA, MD, PA 3). Mainly families a). overland and by coastal vessel: Virginia, New England, Barbados, other colonies (SC, MD, PA, NY) b). natural increase - 2d and 3d generation (and later) not as prone to sickness C). some from abroad i. England - officials, free families, and indentured servants ii. France - directly or indirectly; Huguenots to Pamlico, 1690 and early 1700s to Trent iii. Switzerland and the Palatinates - DeGraffenreid to Neuse, 171C 4). Spreading south and west; second NC County Palatine, Bath Co., 1696 5). Growth beyond Albemarle recognised in 1689 - designation of Philip Ludw ell as governor of "that part of Carolina lying north and THE NORTH CAROLINA ENGLISH: THEIR ORIGINS, -SETTLEMENT, AND_ LEGACY" page 5 east of Cape Fear" - resulting problems with SC over border ( formal recognition of separate NC -SC in 1 712) 6). Absence of settlement on Cape Fear - still no deepwater port D. North Carolina, 1700-1720 1. Government a. Representative assembly with power to originate legislation re-established b. Local -government units (precincts of Counties Palatine) proliferated; role in the structure re -affirmed c. 1715 - revision and codification of "ancient standing laws of this government"; 60 new laws passed for promotion of 'peace and welfare of the province"; provision that in all things not covered, English Common Law would prevail d. End of governor -pirate -smuggler coalitions; Stede Bonnet and Edward Teach captured and executed 1718 2. Religion a. End of Quaker political power: 1704 Oaths of Loyalty required; 1711 Cary Rebellion b. 1701 - Vestry Act, later repealed (insufficient clergy, indifferent populace) C. Growth of other "dissenting" religious groups 3. Loney - Scarcity of specie dictated by m erchantilist policy a. Use in colonies of non-English coins 1). values inflated 2) . 1704 - Queen Anne "Proclamation" re: value of pieces of eight 3). beginning in 1712, series of issues of paper money - "proclamation money" - term applied to coin and paper 4). 1714 - first counterfeiting law: punishable by death "without benefit of clergy"; 1745-1756 - for first offense: 2 hours in pillory and loss of both ears, later 40 lashes added to punish- ment, for first offense only; 1756-1775 death penalty reinstated b. Establishment of "book credit" system c. Direct barter system d. Rated commodities (x amt. of someting = y amt. of money) 1694 - pork, tobacco, dry hides, tallow 1709 - corn, pork, pitch, tar "chief" among rated com modoties 1715 - tobacco, Indian corn, wheat, cheese, raw and dressed deerskins, beaver, otter and wildcat skins, butter, feathers, tar, pitch, whale oil, beef, and pork 1723 - added to above: rice, hemp, turpentine 1741 - commodity notes 1748 - legislature abandoned use of commodities as payment of public debts; continued in private use. Taxes and fees thereafter must be paid IN CASH e. NC paper money - beset by inflation; widespread use of Virginia money in private transactions 4. Trade a. Exports 1). 1705 - Naval Stores Bounty Act 2)• Pamlico settlements - fur trade with Indians 3). Tobacco, etc.; continuing tariff problems b. Imports 1). Salt, coffee, tea, etc.; manufactured goods 2). People - land speculation and imported settlers in groups; beginning of the "boom" Davie ,oUnt�+ PublIC Lib�arY moasvitle, NC THE NORTH CAROLINA ENGLISH: THEIR ORIGINS, SETTLEMENT, AND LEGACY" page 6 5. War a. 1711 -171 5 - Tuscarora Indian Wars in NC b. 1718 - Yamassee War in SC c. Effects: 1). removing "barrier" to westward expansion 2). removing "barrier" to settlement of Cape Fear; introduction to Cape Fear area by Gen. Maurice Moore, et al E. On the Eve of the Population Explosion, 1720-1740 1. Government: a. Settlement of border controversies 1). Survey of Virginia/NC border, 1728; finished in 1749 2). Survey of SC/NC border, 1736-1737; additional sections surveyed 1'754; 1772; 1816 ( southern border with Georgia surveyed 1831 b. End of Proprietary Period 1) . 1719 in SC 2). 1729 in NC - stabiliztion of worries over land titles; unification of the "rules" with other Royal colonies c. Granville District - final survey 17430 grants 1744-1763; did not have governmental rights (or costs); profits from grants and quitrents of the most populated 1/2 of NC went to Granville, not to NC gov't 2. Settlement a. Cape 'Fear begun, 1725 1). uncertain definition of border, and land grant jurisdiction - conflict with SC, a problem, but: 2). elimination of Indian threat during 1718 Yamassee War - safe land available 3). elimination of pirate threat 1718 - safe access by sea 4). availability deepwater port, with water access to interior b. Westward expansion to the falls by 1735 c. Population expansion all along coast and "leapfrog" expansion inland d. Characteristics 1). few indentured servants - labor by forced immigration from Africa 2). families and family-oriented 3). fortune -seekers, many of ability and education 4). still primarily from other colonies; first trickle of Highlanders begins 1732; some importation to settle speculation lands 5). the Virginians - 1731 opening of northeastern NC tobacco lands to Virginia ports; influx of Virginians of wealth, education, poli- tical experience - of English stock or acclimated to English legal/govt/social systems; origins of new power "elite" and shift of power center from Edenton F. The Population Explosion 1. Elements in place in NC a. System of local government b. Legal and judicial system c. Established language d. Evolving social custom e. Established land systems: surveying, ownership rights, etc: f. Established requirement for naturalization g. Large Speculation tracts in place, with need to attract settlers 2. Conditions in other colonies a. Population growth by immigration and natural increase b. Running out of land IHE NORTH CAROLINA ENGLISH: THEIR ORIGINS, SETTLEMENT, AND LEGACY" page 7 c. Established systems, power structures, economic structures - not anxious to accomodate competitive newcomers 3. Highland Scots a. Events in British Isles 1) . Act of Union (Scotland, England, and Wales, 1704); First Jacobite Rebellion defeated, 1715; second defeated, Battle of Culloden, 1746 2). Lairds executed, clans broken up, people disoriented 3). Conversion of traditional land practices/ownership to large commercialized tracts, people displaced 4). Short-term leases "racked" (auctioned off to highest bidders when lease expired), people unable to pay rents, taxes, fees b. Colonial conditions 1). Shipping from NC of naval stores through Wilmington/Brunswick; destination the shipbuilding areas - Scotland and adjacent England; need to find "cargo" for return voyages 2). Newly opened settlement lands on Cape Fear - inland; prior settle- ments at mouth of Cape Fear by wealthy South Carolina and Albemarle families 3). Religious freedom 3. Ulster Scots (Scotch -Irish) a. Scots "planted" in Ireland - beginning with Mary I, continued by Elizabeth I. James I - in central Ireland b. Irish revolts in late 1500s led by Shane O'Neill, later by nephew Hugh O'Neill, Earl of Tyrone (northern Ireland - Ulster), defeated 1603 c. Plantation of Ulster (1610) under James I, coincided with plantation of Virginia (1 607 ) d. English absentee landlords, rack renting, protectionist trade laws, depression of linen industry; plantation Scots poor, out of work, oppressed - ready to leave e. Opening of new lands in western areas of colonies by "pacification" of Indians; desire of eastern colonists for "buffer" settlements between them and Indians f. Trade exports from first arrivals (e.g., flax seed) through Philadelphia, destined for Irish ports; need for "cargo" on return voyages; snowballed g. Constant extension of Wagon Road as settlers moved farther west and south - arrived in NC in early 1750s 4. Germans - the only NC immigration group not already experienced with English law and custom; adaptation necessary for land ownership, an overiding consideration "The English settlers.«occupied the territory [North Carolina's Coastal Plain from ca. 1655 to ca. 1735) without interruption, thereby fastening the English political and social institutions upon the colony. English customs molded the form of local government, the system of judicature, and the whole body of legislation. So deeply embedded were these insti- tutions that they endured despite the later coming of different ethnic elements into the colony." Camp, The Influence of Geography Upon Early North Carolina. vie County Public librarY Ba mocMville, NC THE NORTH CAROLINA ENGLISH: THEIR ORIGINS, SETTLEMENT, AND LEGACY" page 8 BIBLIOGRAPHY Anscombe, Francis C. I Have Called You Friends; The Stoly of Quakerism in North Carolina. Boston: 1959. -" Bailyn, Bernard. The Peopling of British North America on the Eve of the Revolution. New York: Knopf, 1986.- - Bailyn, Bernard. Voyagers to the West: A Passage in the Peopling of British North America on the Eve of the Revolution. New York: Knopf, 1986. Blethen, Tyler and Curtis Wood, Jr. From Ulster to Carolina: The Migration of the Scotch -Irish to Southwestern North Carolina. 2d ed. [n.p.]: Western Carolina Univ., Mountain Heritage Center, 1986. Butler, Lindley S. and Alan D. Watson, ed. The North Carolina Experience: An Interpretive and Documentary History. Chapel Hill and London: The Univ. of NC Press, 1984. _ Camp, Cordelia. The Influence of Geography Upon Earl North Carolina. Raleigh: The Carolina Charter Tercentenary Com mission, 1963. Cumming, William P. North Carolina in Maps. Raleigh: State Dept. of Archives and History, 1966. _ Fenn, Elizabeth A. and Peter H. Wood. Natives & Newcomers: The Way We Livedin North Carolina Before 11770. Chapel Hill: Univ. of NC Press for the NX Dept. of Cultural Resources, 1983. Hooker, Richard J., ed. The Carolina Backcountry on the Eve of the Revolution: The Journal and Other Writings of Charles W oodmason, Anglican Itinerant. Chapel Hill: Univ. of NC Press for the Institute of Early American History and Culture at Williamsburg, VA, 1953. Lefler, Hugh T. and William S. Powell. Colonial North Carolina: A History. New York: Charles Scribner's Sons, 1973. - Lefler, Hugh T. and Albert Ray Newsome. The History of a Southern State: North Carolina. 3d. ed. Chapel Hill: Univ of NC Press, 1973. Parker, Mattie Erma Edwards, William S. Price, Jr., and Robert J. Cain, eds. The Colonial Records of North Carolina Second Seriesl: tLcLher Court Records. Raleigh: Div. of Archives and History, 1963 - 7 vols. of a projected multi -volume series have been published. Parramore, Thomas C. and Douglas C. Wilms. North Carolina: The History of an American State. Englewood Cliffs, NJ: Prentice -Hall 983. � Inc.,., Testbook for NC 8th grade history course. Powell, William S., ed. Ye Countie of Albemarle _ in Caroina: A Collection of Documents, 1164-1675. Raleigh: State Department of Archives and History, 1958. Watson, Alan D. Money and Monetary Problems in Early North Carolina. Raleigh: North Carolina Department of Cultural Resources, Div. of Archives and History, 1980. "THE NORTH CAROLINA ENGLISH: THEIR LEGAL AND JUDICIAL LEGACY" HELEN F.M. LEARY, C.G. 516 E. Jones St. Raleigh, NC 27601 INTRODUCTION TO LECTURE: 1. Recapitulation of the English legacy a. Language - and its influence on thought patterns b. Social structure - habituation to a class system c. Family structure - the nuclear family d. Land practices - metes and bounds survey; recordation; quiet possession e. Governmental theories - representative, responsive legislature; responsible executive branch; interpretive judicial branch f. A system of legal premises, laws, and courts 2. The law affects: a. records created under it what's in the record, where to find it, & why it was created b. individual personal behavior c. group/social behavior 3. The law is affected by: a. changes in custom and usage - time period, 'there oughta be a law..." b. individual leaders - their response to abuses or crises c. place - history, precedent, local conditions INTRODUCTION TO 1. Common Those COMMON LAW: Law principles and and the security solely from: rules of action developed for orderly government of people and property, whose authority is derived 1). usages and customs of immemorial antiquity (precedent) 2). court judgments affirming/enforcing such ancient usages; I.e., The ancient unwritten law of England 2. Statutory Law: enactments of legislature, "An Act for the..." 3. American colonial law: a. Beginnings: "English common law" - was actually a combination of statutory law, case law (common law confirmed by court action) and customary practices b. Development in each colony was affected by: 1). the evolutionary state of English law when colony founded (e.g., VA 1607; Carolina 1663; GA 1733) 2). whether colony founded by the "establishment" or the "anti- establishment" 3). whether the settlers arrived ahead of the law, or vice -versa 4). conditions here: a). immense continent & plenty of land b). imigration of non-English c). distance from English/Virginia oversight e). emergence of "North Carolina identity" aavi2 Counti �ubll� Lib�a�l Mo&sville, NC THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 2 THE SYSTEM: Two concurrent systems for remedy of injuries to person, property, or reputation or for prevention of same: 1. Equity a. "Suits in equity" were brought to determine was fair and just based on the facts of a particular situation; cases not covered by law forms or causes that would result in hardship if law forms followed (e.g., (Suits to set aside a legal will were heard in equity; actions to prove invalidity/illegality of will were brought at law.) b. Abolished in some states (e.g. NC in 1868, SC) retained in others (e.g. TN, MD). c. Facts dedided by and judgment rendered by chancellor - no jury; chancellor could issue writ halting a case being heard at law or to suspend judgment/execution of a law court. d. Chief administrative officer "Clerk and Master in Equity". e. Equity forms: "orator/oratrix" vs. "defendant", "in equity," "on petition of f. Courts called "Chancery Courts" or "Courts of Equity"; sometimes same personnel as on "Court of Law" but jurisdictions (and usually dockets) kept separate 2. Law a. Basic premises of English common law at settlement of American colonies 1). property rights ("a man's home is -his castle"; i.e., "quiet possession") a). to acquire b). to retain c). to maintain d). to devise - not as well established as others; many restrictions e). doctrine of ancestral property - limitations on and establish- ment of orderly descent of lands of intestates 2). individual rights ("life, liberty, and the pursuit of happiness") a). limited by common good, governmental convenience b). equality before the law (more or less) c). jury of his peers d). freedom from undue interference of govt. bodies or officials e). "rights of an Englishman" - nebulous concept often invoked by both sides of a controversy (e.g., Stamp Act); promised in NC Charters b. Criminal side 1) . Injuries to the King's peace ("Dom Rex vs. Roe" - later "State vs. Roe"). Action begun by grand jury on it's own "presentment" or on"bill of indictment" brought to it, stating offence; on return of "true bill" by jury (i.e., there is sufficient cause for prosecution) moved to trial; on conviction, sentence passed by judge and executed by Sheriff. 2). Criminal offenses: treason, murder, stealing, robbery, fornication, adultery, counterfeiting, witchcraft, assault (threat of violence against defendant's body) , battery ( doing of •violence...), etc., and (varying from colony to colony) swearing, horseracing, drunkeness, wife -beating, and hen-pecking, and/or all the above on the Sabbath. 3). Penalties: death, loss of limb, branding, disfigurement of ear(s) or nose (which is why you see petitions to a court to recognize that loss of ear or nose was result of fight, not of judicial action), flogging, and time in the stocks. a). Not imprisonment - jails/goals were "holding" facilities for criminals awaiting trial. THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 3 b). Capital crimes of slaves heard by special courts; murder of slave/indentured servant or "wanton" maiming also a criminal offense in most jurisdictions - and a civil matter if murderer/ m aim er was not owner c. Civil side ' 1). "Actions at law" brought according to narrowly -defined, rigid forms, depending on the nature of the offense and/or the remedy sought. 2). Disputes between persons ("Doe vs. Roe") for recovery of damages to person, property or reputation. Initiated on "declaration" of plaintiff stating nature of offense and choice of "action" form; resulted in court's "capias writ" to Sheriff to take into custody and produce defendant; "recognizance" bond by defendant, secured by "sureties" by which defendant guaranteed his appearance; "Plea" of defendant; "rejoinder" and "surre joinder", etc. = further pleadings; "issue joined" when plaintiff and defendant agreed on point of law in dispute - facts of cause used to determine point of law, not to determine court judgment; judgment of court resulted in writ to Sheriff to execute judgment - kind of writ depending on nature of judgment ("fi fa" = "fiere facias", most common - order to Sheriff to raise sum of judgment and court costs out of the "goods and chattels, lands and tene- ments" of loser). 3). Forms of actions at law Lif "declaration" named wrong form and defendant proved it, cause was lost regardless of where "fairness" lays: 1). Account: brought to require fiduciary to render account (e.g., ward vs. guardian; heir vs. administrator) 2). Assumpsit: brought to recover when defendant broke an implied promise to do or not do. Verdict "he did/did not assume." Various forms depending on whether promise arose out of debt or was oral or written. 3). "Case": short form of "Trespass on the Case" - most liberal form of action to recover damages resulting from indirect action of defendant - not used if there was violence against person or property; ancestor of modern Negligence cause of action. 4). Covenant: brought to recover when defendant broke a sealed agreement (e.g., failed to honor a deed) 5) . Debt: brought to recover specific sum of money owed by defendant 6). Detinue: brought to recover damages from defendants unlaw- full keeping of my property - regardless of how he aquired it or who has property now (e.g., he kept my cow for 2 months and I had to buy milk - want the cost of the milk from him) 7). Ejectment: brought to prove ownership of contested land - elaborate form pretending a rental ("demise") of the land and unlawfull retention of it by leasee. Form "Doe on the Demise of Johnson vs. Roe on the Demise of Adams" - note that Johnson and Adams aren't dead. 8). Replevin: brought to recover specific personal property taken or detained by defendant. Personal Replevin brought to get an individual released from prison or custody of another person. ( e.g., husband sues father of runaway wife who's harboring her to get her back to "home and hearth") THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 4 9) . Trespass: various forms - what we call "trespass" was "Trespass quare clausam fregit Lwherefore he broke the close, or boundaries of my land]. If he came and carried away my cow I sued under "Trespass de bonis asportatis" but if I wanted that cow back I sued under Replevin. If he committed direct violence against me or my property I sued under "Trespass vi et armis." 10). Trover: if I'd "lost" the cow and he'd "found" her but not returned it, converting it to his own use, I sued under Trover to get it back, i.e., action brought for damages arising from unlawful interference with identifiable personal property 3. Courts of record (those required by law to record actions - e.g., Magistrate's Courts not "of record") a. Inferior Courts - limitations on amount involved (civil) and severity of penalty (criminal) b. Higher Courts/Superior Courts - larger amounts involved (civil) or penalties of loss of life or limb (criminal) c. (In some colonies: intermediate courts of appeal, equity, special jurisdiction) c. Administrative Courts (Governor and•Council) 1). Equity/Chancery (see #2, above) 2). Appelate (appeals from decisions of lower courts) 3). Ordinary - probate of wills and oversight of intestate estates (all at first, later just large estates) 4). Special - Admiralty, Claims, Palatines, etc. NOTE: each colony met its own needs (or followed its own whims) in establishing its court system. Above is general and does not apply uniformly. IN NORTH CAROLINA: + INFERIOR COURTS: called, for most of their history, Courts of Pleas and Quarter Sessions (pleas - civil; sessions - criminal; quarterly - met once every three months (once per quarter-yearj). Each county had own inferior court until 1868. Courts of law (minor civil/criminal); acted as administrative and as welfare arms of the state at the local level. RECORDS CREATED: Master record was Minutes. Subsidiary records: recordation of wills, deeds, fiduciary matters (guardians, administrators, powers of attorney); trial, appearance, recognizance, etc. dockets; records of tax collection, law enforcement, county administration ( roads, bridges, ferries, ordinaries and inns, mills), welfare actions (payment for scalps, records of poor, orphans, widows, indigent, veterans (in some cases), elderly); preservation of loose original records. DID NOT have equity jurisdiction. LOCATION: County courthouses, State Archives, some in private manuscript collections. + INTERMEDIATE COURTS: none (1670-1806) County Superior Courts of Law and Equity (1806-1868), q.v., below. + HIGHER COURTS: General Court (1670-1754). Court of law (original jurisdiction in civil cases concerning larger amounts of money/damages, and criminal cases with penalty of loss of life or limb); court of appeal ( cases appealed from inferior courts); court of probate THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 5 (usually, but not always, limited to larger or cross -county -line estates); appeals from inferior courts. DID NOT HAVE equity jurisdiction. Three circuit courts added in 1739. RECORDS: Minutes (not as informative as P&QS - researcher needs to know legal terms and their abbreviations); loose papers (valuable - include documents that originated at lower court level, caveated wills based on points of law, depositions of witnesses (often giving age of witness, death date and age of victim of crime, origins of witness or principals, and the like - need to be able to read archaic handwriting forms). LOCATION: State Archives in Colonial Court Records (CCR) series. many published: NCGS Journal, The colonial Records of North Carolina: Second Series, The colonial and State Records of North Carolina. Colonial District Superior Courts (1754-1778). Successor to General Court with same powers. RECORDS: similar to General Court. LOCATION: State Archives in District Superior Court series (DCR) filed by district. Some published (see General Court; also many county genealogical and historical society journals; books published by individuals - see Stevensons's ...Select B ib li ography). State District Superior Courts (1778-1806). Successors to Colonial District Courts with same powers except probate, which was transferred to P&QS in each county. DID HAVE Equity jurisdiction after 1782). RECORDS: generally same as Colonial District Superior Courts. LOCATION: State Archives in District Superior Court series (DCR) filed by District (see 1790 census for names of districts). (County Superior Courts of Law and Equity (1806-1868). Successors to State District Superior Courts BUT as intermediate courts - same general comment BUT DID HAVE EQUITY JURISDICTION until the distinction between law and equity was abolished in NC in 1868. LOCATION: some may still be in county courthouses; vast majority at State Archives in County Records Series (CR) filed by county. Some decisions published in annual North Carolina Reports (seek advice of law librarian for location and use.) State Supreme Court (1806*- ). Highest appeals court in North Carolina. Had law and equity jurisdiction until 1868. RECORDS AND LOCATION: case papers to 1929 at NC State Archives, filed by case number, indexed by name of plaintiff and defendant (only the first name if there were many plaintiffs or defendants). For later case papers, seek advice of Clerk of Supreme Court, Raleigh. Decisions published in annual North Carolina Reports. + ADMINISTRATIVE COURTS: Court of Chancery (1670-1775). Only NC Colonial court of equity. Governor was Chancellor. RECORDS: Minutes, Dockets, and loose papers. LOCATION: NC State Archives - Minutes, Dockets and loose case papers in Colonial Court Records series (CCR) and Secretary of State series (S5). Court of Ordinary (1670-1775). An appelate court with probate jurisdiction - wills, administration of estates of deceased and orphans; also acted as court of original jurisdiction when Governor acting as Ordinary of the Colony. RECORDS: original wills, administration bonds, inventories, Minutes. LOCATION: State Archives in Secretary of State records (SS - wills, admini- stration bonds, inventories, etc.) and Governoor's Office Records (G0; Davie County Public Library MOCksville, NC THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 6 COMMON-LAW CUSTOMS AND USAGES (some confirmed by statute) - only those most likely to affect genealogical research discussed. 1. Realty - land, tenements Lroughly, rents], hereditaments [roughly, inheritabiness], included slaves in Virginia after 1727 a. Feudal theory (Wm. the Conqueror, 10b6) 1). by Divine Right all land title vested in King 2). individuals held land at pleasure of King a). land not devisable or distributable to heirs - reverted to King at death b). use of land carried obligations to King - various kinds of land tenure holding] according to obligations/ restrictions 3). gradual disuse latter half of 14th century - remnants remained (e.g. Knight's Service in effect until 1660) 4). attempts to resurrect system in Carolinas - unsuccessful in NC, mildly successful for a "time in SC b. The Church 1072 Wm. the Conqueror established seperate Ecclesiastical Courts, which had jurisdiction over personal property in- heritance - resulted in different set of rules for inheri- tance of real property (land and its appurtenances) and personal property ' 2). Rise in power and acquisition of lands a). Various statutes of mortmain - prevented disposition of land to "corporations" (i.e.,' Church) a). Doctrine of usage (to avoid consequences of mortmain acts) use of land separate from ownership of land ("enfoeff" = transfer the use/benefit of land) b). Statute of Uses (.37 Henry VIII, c. 10)# 1536 use = ownership (gave rise to deeds of "lease and release" - a lease of the use for a year, carried with it immediately - under the statute - ownership for that year with remainder to the original owner; original owner then released the remainder to lessee and both actions effectively transferred the land without the need for recording fees. Term used in early colonial deeds but as a formality - such deeds were, in fact, recorded) *37th year of the reign of Henry the Eighth, chapter 10 o.f acts passed by Parliament that year. C* Inheritability of realty 1). Statute of Wills (32 Henry VIII, c.1) 1540: a). lands devisable only by written will signed by testator or his agent b) . minors, insane, married women ( f em es covert), and persons of non -sane memory (lunatics) could not devise c). could devise 2/3 of lands held "in chivalry" ("Knights Service")*; all of lands held "in socage"*#. 2). Act for the Explanation of Wills (34 Henry VIII, c. 5), 1542: beneficiary of a will could not be a corporation (i.e., The Church) - affected Am. colonial wills ("to John Roe, Henry Doe, and William Goodtitle, for the use and benefit of the .... Church" *Knight's Service ("in chilvalry", "in chief"): Norman Conquest all England divided into ca. 609000 Knights "fees"; for each THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 7 "fee" Knight obliged for 40 day/year war service; evolved to money & support & other service; abolished 1660 - thereafter all land devisable "fee" = what you held; "tenure" how you held it (i.e., the adjectives attached to word fee) **Free and common socage ("as of the manor"): tenure by any certain and determinate service (e.g., annual rents); service determined by which manor specified, in Am. colonies, usually East Greenwich. i.e., fee simple tenure with annual "quit rents" (money or produce) - usual manner of holding land in Am. colonies. d. Alienability of land (its ability to be sold): 1). Definitions: Estate: the degree and extent of a person's interest in real property (in this sense, it does not mean the property, real and personal, of the deceased) Fee: derived from earlier definition ( see above); came to apply to ownership in real property, the adjective describes the degree or type of ownership (e.g., fee tail) Curtesy: a husband's right in all the realty of his wife pro- vided they have had a child born alive; curtesy was "initiate" during the wife's lifetime and "consummate" at her death. Curtesy was a life estate in the land; at his death it reverted to his wife's heirs. He was obliged not to waste it or encumber it to the detriment of her heirs. Dower by common law: a wife's right in one third of the realty her husband owned during coverture [the duration of the marriage]; it was "inchoate" during his life (i.e., she did not have title to the realty) but she had a conveyable interest which had to be released for him to make clear title to a purchaser; it became "consummate" at his death. Dower was a life estate and at her death the realty reverted to her husband's heirs. Neither she nor her second/third/etc. husband could waste or encumber the property to the detri- ment of the heirs. (In some colonies, the dower tract returned to husband's heirs if widow remarried). The "dower tract" included the dwelling house, outbuildings- pertinent to it, and enough land to support it (even though occasionally this was slightly more than a third). In NC between 1764 and 1867 dower was not "by common law"; all provisions described above were in effect except: the 1/3 interest extended only to lands her husband owned at the time of his death, and she had to petition the court to have the dower tract surveyed and laid off to her - the legal form being "Mary Roe vs. John Roe et al, in dower," John Roe et al being her husband's children. 2) . Statute of Frauds (29 Carl Charles ] 119 c. 3). 1677: real & personal property must be devised in writing, signed by testator or his agent, and witnessed by 3 or 4 "credible" witnesses - primarily a wills act, to correct frauds and perjuries, also applied to deeds and other contracts. Note date of enactment. NC was under Lords Proprietors who had established slightly different requirements (proving by 2 witnesses); Virginia under Royal rule, adopted the new requirements. WAD CQUnty Pub it .. t„I,-Y Mock�ville, a THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page S 3). Realty that could - or could not - be sold: a). Freehold Estates of Inheritance: (realty that could be in- herited by one's heirs, not had been inherited by oneself) i. Fee simple ("fee simple absolute", held "in fee"): highest estate in realty - could be sold, devised, wasted, given, etc. Legal form "to and his/her heirs and assigns [forever]," COULD be sold. ii. Fee base, qualified, or conditional - some condition had to be met at its inheritance or land reverted to donor; normally applied only to Indian lands in America. COULD NOT be sold iii. Fee tail ("entailed", held "in tail"): Inheritable only by -certain designated heirs ("tail male" = inheritable only by oldest son in each succeeding generation, usual form of entail) - COULD NOT be sold. Slaves in VA after 1727 could be (and sometimes were) entailed; land in GA prior to 1750 was granted in tail male (after 1750 in fee simple). Legal form "heirs of his/her body Llawfully begotten] forever." Document (will or deed) entailing land required "remainder" clause designating heir(s) in the event the line failed. "Remainder- man/men" the person(s) so designated. tail general - "to and the heirs...." tail special - "to and wife A and heirs..." b). Freehold Estates not of Inheritance: i. Tenant in tail after possibility of qualified heirs is extinct (e.g., Mr. Bennet in Pride and Prejudice - had only daughters and w as livi_ng___on. land held in _tail male) - COULD NOT be sold. ii. Tenant in dower; tenant in curtesy; tenant for life: estate in land only for lifetime. Not inheritable but COULD be sold (buyer bought only the life estate, not clear title). Legal form for life estate "to [without word 'heirs' J". iii. Tenant for another person's lifetime ("pur autre vie") - e.g., purchaser of land from tenant in dower, curtesy, or for life, C OULD. b e sold. c}. Estates less than freehold: i. Tenant in statute merchant, in statute staple, in statute elegit - creditor holding lands of a debtor in order to collect debt out of proceeds of sale or out of rents. English forms, rarely used in Am. colonies - COULU NOT be sold by holder, only by Sheriff or mayor. ii. Tenant for years, tenant from year to year, tenant at will, tenant by sufferance - various kinds of lease arrangements - COULD NOT be sold by leaseholder. e. Freehold ownership required for most privileges of citizenship: voting, office -holding, vestry service f. Responsibilities of freehold ownership: jury duty, taxes g. Age to sell land (i.e., enter into a legal contract), "of age" as defined in each colony; in NC, 21 2. Personalty (personal property: moveables, crops or the money arising from their sale, household furnishings, farm implements, livestock, and slaves a. bought and sold by bill of sale, witnessed, recorded/not recorded depending on time period and locality THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 9 b. husband's marital right extended to personal property of wife - except for her "paraphanalia" (jewelry, toilet articles, clothing) immediately upon marriage COMMON-LAW DOCUMENT'S (those most often used for genealogical research) 1. Wills (devised realty) and testament (bequeathed personalty): a. Attested: in writing, signed, sealed, - and "delivered".- [i.e., proclaimed by testator to be a will], and witnessed by 2-4 persons depending on time period and place. Realty held in fee tail could not be disposed of by will but was sometimes mentioned. Heir to whom entailed property would go (normally eldest son) was sometimes not mentioned in colonial wills. 1). Could be changed - "first grant and last will" took precedence 2). Could be amended by codicil, signed, sealed, and witnessed. 3). Statute of Frauds (see above) said "competent" witnesses, not "disinterested" - courts began to rule that signature by "interested" witnesses (i.e. who received under the will) invalidated will. To correct abuses, 1752 statute (25 Geo II, c. 3) said witnesses who received under the will did not invalidate it and they could attest it as subscribing witnesses, but gifts were invalid. Section 10 of this statute extended provisions to American colonies. 4). Unless a "residue" provision was in the will, all undevised realty went to "heir at law"; all undevised personalty to widow and children as if by intestacy. b. Holographic: in handwriting of testator and signed but un -witnessed, and must be found in "valuable papers"; sufficient to transfer personalty, insufficient to transfer realty in most jurisdictions, but insuf- ficiency often overlooked by heirs and executor. Technically, all realty went to "heir at law." c. Nuncupative: oral, deathbed statement, witnessed, but not reduced to writing in lifetime of testator. Insufficient to transfer realty, but insufficiency often overlooked by heirs and executor. Technically, all realty went to "heir at law". d. Limitations on testator - in NC: 1). Age: 21 or over to devise realty; 18 or over to bequeath personalty 2). Prohibited from devising realty: idiots, minors, married women, persons of "non -sane memory". Married women could bequeath personalty only with permission of husband at time will executed and further permission of widower at time of probate. 3). Aliens could not devise realty, alien friends could bequeath personal property, alien enemies could do neither. 1740 Eng. law: aliens could become British subjects after 7 years residence in the colonies. NOTE: Restrictions on married women (femes covert) t -o own, sell, or devise real and personal property lifted by: pre -marital agreement with husband; or action of the court/legislature to declare her "fem e sole"/"free trader" 2. Intestacies - Realty: Heirs inherited according to Canons of Descent: a. Inheritances shall lineally descend to the issue of the person last erseized" (i.e., who had fee simple estate) in infinitum but never shall lineally ascend (last provision altered in some colonies, e.g., NC). b. The male issue shall be admitted before the female (altered in all states) c. Where there are 2 or more males in equal degree, the eldest only shall THE NORTH CAROLINA ENGLISH: LEGAL AND JUDICIAL LEGACY page 10 inherit; but the females all together. (i.e., oldest son inherited land from intestate to exclusion of other sons ["law of primogeni- tune"J as "heir at law"; if no sons,. daughters inherited equally as "heiresses" - i.e., an "heir at law" may have innumerable siblings, male and female; an "heiress" has no brothers living and none deceased who had issue) (see h, below). d. The lineal descendants in infinitum of any person deceased shall represent their ancestor ... and stand in the same place as he would have done if he had been living. e. On failure of lineal descendants, inheritance is to his collateral relations being of the blood of the "first purchaser" ("Doctrine of Ancestral Land" - first purchaser was first person who brought land into family of deceased, whether on ancestral maternal or paternal lines) (altered in all states - in NC not until 1959). f. Collateral heirs of the person last seized must be his next collateral kinsman of the whole blood (also altered by states). g. In collateral inheritances, male stock will be preferred to female; kindred derived from blood of the male ancestor however remote shall be admitted before those from the blood of the female however near (altered by states). END English Canons of Descent. h. Primogeniture abolished in MD in 1715, appeared in different form in NE, PA, & DE ("birthright" portion double amt. both real & personal property); abolished in all states during/after Revolution, followed shortly thereafter by abolition of preference for male over female heirs. After all male children/all children were made co-heirs of realty, they inherited as "tenants in common" until the land was divided; were "tenants in severalty" after division. Legal form for petitions to divide lands "John Roe et al ex parte" if all were in agreement (i.e., no defendant); "John Roe et al vs. Henry Roe et all" (if there were problems). i. A posthumous child inherited as if alive at death of father (provided it was born within 10 months of father's death); illegitimate children could not inherit from either father or mother, and subsequent marriage of parents did not legitimate child (post -Rev. laws usually provided a means for legitimation, and many provided for inheritance from mother if she had no legitimate children). Adoption was not recognized in England until 1929 and not until late 19th century in America. j. Many other provisions of the Canon were altered in the colonies - check laws of each colony for specific inheritance laws, usually called "Canon of Descent" or "Statute of Divisions" or like title. 5. Intestacy - Personalty: a. 1670 English Statute of Distributions (22 & 23 Car II, c. 10): gave Ecclesiastical Courts the right to compel administration and division, and secondarily established way personal estate was to be divided: 1). 1/3 to widow, rest to children, divided equally among them, but: a). any child who was not the "heir at law" was to have deducted from his/her portion the value of any land given him/her by the deceased so.the portions of all children would be equal. b). the "heir at law" was to receive an equal share of personalty regardless of any.landed inheritance either in fee simple or fee tail. 2). if no widow, equally among children w Q is u h 41 41L 3A �C •t%' �" R `.� a. " "� •'��% ri at S fir, r') >"� %A ft 7 N-+ >-+ �!�fs yv' ,lit �`�• .N :'�-., !, _ e . MT w v r! I x. 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J .a<-[�••���yyy�sss j'z ^ •_ O C) c4 r 1•Jir�G zy7F G� Z W -� •- J l,t . ;N4` 'C:.`- H Q� �'i W �' i.• "' C! J � i! Y, , -. w �_.' • - , +.>�'Si�, f • +.�ii�� �t- •.�'3' - - -' r.� !� C%1 i..t C :. :,._y7 trr. O'• l,"�r• Ntw � ZiC7 = i Li. LON N .�.. '� y V �~� !� y •� '4= x > �`�a� .��s r,.a�}'�+�+�r• - • J1 �✓ . Tai Q r YID '� e- y:• N V, `•" r 4 t J" 1 'ti :tf5, Y•", ^' . ` yr � Z, O L :^ •.•+ N � • t 5 !!� � "i to � } �j� � 1 Y/ - ow w C O v v k �; �: �r ` f �;�•'�c�i,' c+ t .yy'r �'� r!.'�. - tr} f . �11 O � � O �'•, L ,-, ^ ^_ L w^'•• '� � .�•a �•,� 4�=i'„�,a�.� r �r+ )�aZ, !) yM "y •, ` .. �.1 � I, L' �. L C•- = H G v:•'/ �:• K w� �"aty'i !� ,�►.: r .y� i� •! %'�. A f�i 1 R O C ~ a� �+ .:r F �= t ,rfr�w f i \ rt,. �f ate: !t.•/• THE ENGLISH AND THEIR NAMES a bibliography by Jane Smith Hitt BOOKS DEALING WITH SURNAMES, THEIR MEANINGS, AND THEIR LOCATIONS. •Sabine Baring -Gould, FAMILY NAMES AND THEIR STORY. (.London: Seeley & CO. 1910 ) Charles Wareing Bardsley, A DICTIO14ARY OF ENGLISH AND WELSH SURNAMES WITH SPECIAL AMERICAN INSTANCES. (Baltimore: Genealoaical Pub. Co.. Inc. 1967) [the introduction is very helpful] =-----ENGLISH SURNAMES, THEIR SOURCES AND SIGNIFICATIONS. (.London: Chatto and Windus 1889) -(9th impression, London: 1915) Samuel L. Brown, comp., SURNAMES ARE THE FOSSILS OF SPEECH. (n. pub. 1965) -Joseph L. Chester, COL. CHESTER'S LONDON MARRIAGE LICENSES, 1521-1869. ed. by Joseph Foster. (London: Bernard Quaritch 1887) [ a rare book, gives name of bride & groom with parish and ages. one copy is in the NC Room of the Forsyth County Public Library] Augustus Wilfrid Dellquest, THESE NAMES OF OURS, A BOOK OF SURNAMES. (New York: Thomas Y. Crowell 1938) [gives some locations of surnames] " E. Ekwall, THE CONCISE OXFORD DICTIONARY OF ENGLISH PLACE NAMES. (Oxford: 1960) Cecil Lestrange Ewen, A GUIDE TO THE ORIGIN OF BRITISH SURNAMES. (London: John Gefford, 1938) Henry Brougham Guppy, HOMES OF FAMILY NAMES IN GREAT BRITAIN. (Baltimore: Genealogical Pub. Co., Inca 1968) (originally pub. London: 1890) [gives an index of family names & their locations;'very good for the names listed. not all names are covered.] Julius Nicholas Hook, FAMILY NAMES, HOW OUR SURNAMES CAME TO AMERICA. (New York: Macmillan Pub. Co., Inc. 1982) Mark Anthony Lower, ENGLISH SURNAMES AN ESSAY ON FAMILY NOMENCLATURE, HISTORICAL, ETYMOLOGICAL AND HUMOUROUS, in 2 volumes. (London: John Russell Smith 1875) Constance M. Matthews, ENGLISH SURNAMES. (New York: Charles Scribner's Sons. 19.66 c. 1967) i - a Y Leslie G. Pine, THE STORY OF SURNAMES. (Rutland, VT: Charles E. Tuttle Co., Inc. 1966) [read the introduction] Percy H. Reaney, A DICTIONARY OF BRITISH SURNA14ES. (London: Routledge and Kegan Paul 1958)(2nd ed. 1976) [rather scholarly, but good. read the introduction] -------THE ORIGIN OF ENGLISH SURNAMES. (London: Routledge and Kegan Paul 1967) [rather scholarly, but good. merits study] Elsdon C. Smith, A.M.ERICAN SURNAMES. (Baltimore: Genealogical Pub. Co., Inc. 1986) -------NEW DICTIONARY OF AMERICAN FAMILY NAMES. (New York: Harper & Row 1956, 1973) [read introduction] -------THE STORY OF OUR NAMES. (Detroit: Gale Research Co. 1970) Ernest Weekley, SURNAMES. (New York: E. P. Dutton & Co. 1916) [very good] BOOKS DEALING WITH RESEARCH IN ENGLAND Angus Baxter, IN SEARCH OF YOUR BRITISH AND IRISH ROOTS. A COMPLETE GUIDE TO TRACING YOUR ENGLISH, WELSH, SCOTTISH, AND IRISH ANCESTORS. (New York: William Morrow & Co. 1982) [read every word of his good advice; use the bibliography included] Timothy Field Beard, HOW TO FIND YOUR FAMILY ROOTS. (New York: McGraw- Hill cGraw- Hill Book Co. 19 7 7 ) Noel Currer-Briggs, DEBRETT`S FAMILY HISTORIAN. A GUIDE TO TRACING YOUR ANCESTRY. (Exeter: Webb & Bower 1981) J. S. W. Gibson, comp., WILLS AND WHERE TO FIND THEM. (Baltimore: Genealogical Pub. Co., Inc. 1974) [covers counties of England and explains backgrounds to wills] Gerald Hamilton -Edwards, IN SEARCH OF BRITISH ANCESTRY. (Baltimore: Genealogical Pub. Co., Inc. 1974) -------TRACING YOUR BRITISH ANCESTORS, A GUIDE TO GENEALOGICAL RESOURCES. - (New York: Walker and Co. 1966, 19671 Anthony Richard Wagner, Garter King of Arms, ENGLISH GENEALOGY. 2nd ed. enlarged. (Oxford: Clarendon Press 1972) (social and historical background] DOMESDAY BOOK / text and t anata t i.on . John MoAA.Z&, g envwt editors. DOMESDAY BOOK, A SURVEY OF THE COUNTIES OF ENGLAND. (First published Winchester, England 1086; this edition published Chichester: Phillimore 1986) [in English and Latin. arranged by counties or shires; index of persons and places. no surnames here] aavie Cou�',ty Public� �.,nrary MO&SVille, NC Henry Ellis, A GENERAL -INTRODUCTION TO DOMESDAY BOOK: ACCOMPANIED BY j INDEXES OF THE TENANTS IN CHIEF, A1VD UNDER THE SURVEY: AS WELL AS THE HOLDERS* R TENANTS , AT THE TIME .OF OF LA,.dDS . 2 Volumes . Genealogical pub, Co,� Inc. 1973 (Baltimore. [use this with DOMESDAY BOOK] ATLASES AND GAZETTEERS David E. Gardner, Derek Harland, & Frank Smith, comps., A GENEALOGICAL ATLAS OF ENGLAND AND WALES. (Salt Lake Cit Cecil R. Humphery-S�thf ed., THE PHILLIM y' Deseret Book Co. 1960) ORE ATLAS AND INDEX OF PARISH REGISTERS. (Baltimore: Genealogical Pub. Co., Of England & Wales Inc' 1984% [parishes g ; Must Read Introduction And All Notes; addresses] list of Frank Smith, comp.', A GENEALOGICAL GAZETTEER ARY QF PLACES WITH THEIR OF ENGLAND, DICTIONAN ALPHABETICAL LOCATION, ECCLESIASTICAL, JURISDICTION, POPULATION, AND THE DATE OF THE EARLIEST ENTRY EVERY ANCIENT PARISH IN ENGLAND. (Baltimore: IN THE REGISTERS -OF more: Genealogical Pub.*Co., Inc. 1977) [use this with the Phillimore ATLAS] BOOKS DEALING WITH THE ENGLISH LANGUAGE Henry Bradley, THE MAKING OF ENGLISH. With an Int and additional material and notes by Professor Bergen Evans and Simeon Potter. (New York: Walker & Co., 1967) (1st published 1904 and reprinted 19 times) Robert McCrum, William Cran, & Robert MacNeil, THE STORY OF ENGLISH. (New York: Viking Penguin, Inc. 1986) (this is the co television series and concerns language mpanion to the PBS - rather than names, but should be studied, especially the maps. see the PBS TV series to hear' -the sounds.) John Moore, YOU ENGLISH WORDS. (Philadelphia & New York: J. B. Lippincott Co. 1962) Joseph T. Shipley, DICTIONARY OF WORD ORIGINS. RIGINS. {Paterson: Littlefield, dams.& Co. 1961 edition (c. 1945) OXFORD ENGLISH DICTIONARY, 12 Volumes. (Oxford: Clarendon Press 1933, . 1961, 1970, 1978) [excellent source for most anything] BOOKS DEALING WITH HISTORY (Without which, tt iz nod ops ' Bernard Bailyn, THE PEpPLING OF p .a.c6.�e to . 6.Lnd your ance6ton) BRITISH NORTH AMERICA: AN INTRODUCTION. (New York: Alfred A. Knopt 1986) Carl Bridenbaugh, VEXED AND TROUBLED ENGLISHMEN Oxford University Press 1968)1590-1642. (New York: 3 • Thad W. Tate and David L. Ammerman, eds.-,, THE CHESAPEAKE IN THE SEVENTEENTH CENTURY. ESSAYS IN ANGLO-AMERICAN SOCIETY. (Chapel Hill: UNC Press 1979) [these are superior essays on several aspects of early life] BOOKS DEALING WITH LISTS OF NAMES OF EARLY EMIGRANTS Peter Wilson Coldham, BONDED PASSENGERS TO AMERICA. 3 Volumes (Baltimore: Genealogical Pub. Co., Inc. 1983) -------THE COMPLETE BOOK OF F24IGRANTS, 1607-1660. (Baltimore: Geneali,cal Pub. Co., .Inc. 1987) ------[many other books by this author. He specializes in early emigrants, - and often shows places of origin] Harry Wright Newman, TO MARYLAND FROM OVERSEAS, A COMPLETE DIGEST OF THE JACOBITE LOYALISTS SOLD INTO WHITE SLAVERY IN MARYLAND, AND THE BRITISH AND CONTINENTAL BACKGROUND OF APPROXIMATELY 1400 MARYLAND SETTLERS FROM 1634 TO THE EARLY FEDERAL PERIOD WITH SOURCE DOCUMEN- TATION. (Baltimore: Genealogical Pub. -Co., Inc. 1985) BOOKS DEALING WITH TRAVEL IN ENGLAND Francis R. Banks, ENGLISH VILLAGES. (.London: B. T. Batsford 1963) Philip A. Crowl,THE INTELLIGENT TRAVELLER'S GUIDE TO HISTORIC BRITAIN. (New York: Congdon & Weed, Inc. 1983) [the cover man is from this book] Kate Simon, ENGLAND'S GREEN AND PLEASANT LAND. (New York: Alfred A. Knopt.. 1974) BROCHURES THE SOCIETY OF GENEALOGISTS, 14 Charterhouse Buildings, Goswell Road, London, EC1M 7BA, England [to obtain a brochure, enclose a stamped addressed label or envelope and two international reply coupons, which may be obtained from post offices] TRACING YOUR ANCESTORS, British Tourist Authority, 64 St. James's Street, London, SW1A 1NF, England [2 international reply coupons and SASE] IN LONDON THE SOCIETY OF GENEALOGISTS [see above] PUBLIC RECORD OFFICE, Chancery Lane, London WC2A 1LR PUBLIC RECORD OFFICE, Ruskin Avenue, Kew, Richmond, Surrey, TW9 4DU [The PRO has information circulars covering their holdings.] The registers of the SOCIETY OF FRIENDS held in the PRO in the Class RG6, which include some from the Isle of Man and the Channel Islands, have been. indexed. The'-in'dexes are in the custody of: SOCIETY OF FRIENDS, Friends' House, Euston Road, LONDON NW1 2BJ England. 4 A SAMPLING OF SOME HOLDINGS OF THF ASH6BORO PUBLIC LIBRARY 9 RANDOLPH ROOM ASHFBORO NC 1courtesy of 2-irs. Carolyn Neely Hager] ' GENEALOGISTS' MAGAZINE, Journal of the Society of Genealogists Trace Your Ancestors With FAMILY TREE MAGAZINE, The British Magazine With The International Flavour Cecil R. Humphery-Smith, A GENEALOGIST'S BIBLIOGRAPHY. (Chichester: Phillimore & Co. Ltd. 19 8 5 ) C. C. Webb, A GUIDE TO GENEALOGICAL SOURCES IN THE BORTHWICK INSTITUTE OF HISTORICAL RESEARCH. ( Borthwick, York: 1981, reprinted 1983) Terrick V. H. Fitzhugh, THE DICTIONARY OF GENEALOGY. (Sherbourne, Dorset: Alphabooks 1986) [Books published by Phillimore deal with British genealogical research] DEVON AND CORNWALL RECORD SOCIETY, Extra Series, Vol. II. (n. pub. 1982) [parish registers] Henry Blackwell, A BIBLIOGRAPHY OF WELSH AMERICANA. (New York: Aberystwyth 1977) Second Edition. [contains some Welsh names and their equivalents and diminutives] [other books on Welsh, Irish, and Scottish names] Hours of operation: Monday through Friday, 9:00 am - 6:00 pm Tuesday and Thursday nights, 6:00 - 8:30 Saturday, 10:00 am - 4:00 pm The library is closed on Saturdays close to holidays. Other books in this bibliography were seen at: Wake Forest University Library Forsyth County Public Library Greensboro Public Library North Carolina State Library E