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Report by George Durant concerning the case of Thomas Miller, including supporting depositions
Durant, George, 1632-1694
November 1679
Volume 01, Pages 313-317

[B. P. R. O. Colonial Papers.]
CAROLINA. INDICTMENT OF TH. MILLER RECd FROM Ye COMMrs OF Ye CUSTOMES THE 15 JULY 1680.

[Indorsed]


Albemarle County in the Province of Carolina
November 1679.

At a Grand Councell held for the County of Albemarle, ye

Attorney Generall Mr George Durant exhibited the subwritten Indictmt against Tho. Miller & the evidences to prove it & desired justice and that prosses of law might pass against him haveing Boraken prision

Thomas Miller thou standest indicted by the name of Thomas Miller of this County Apothecary for that thou not having the feare of God before thine eies but being stirrd & moved by ye Instigation of the Devell

-------------------- page 314 --------------------
& out of the Rancor & malice of thine hart forethought & didst in a Rebellious Trayterous manner at the house of Tho. Harris some time in or about the month of November 1673 utter & declare these following words vizt That it was never good times in England the King came in nor never would so long as there was a King in England and at the House of Capt. James Blount did say when discourse was about the Royall issue & report was the Duke of Yorke was dead that you hoped that som of the rest would not bee long after him & some time in the month of June 1675 at ye House of the aforesd Harris did utter & declare yt thou wouldst not loose thy life for ye King nor for never a man that weares a Head & that ye King sometimes sett his people to fight in unrighteous causes & yt of all Religions in the world the Cavaleares were the veryest Rogues & that there were noe righteous dealing amongst them by reason the King had his hand in a whores plackett which words are contrary to ye peace of our Soveraign Lord ye King his Crown & Dignity & contrary to the forme of ye severall statutes in that case made & provided & to aggravate yor Crimes you have infamously abused our most illustrious Ldrs Propriators & wth the abetters & assisters have broken prision & escapd to evade the stroke of justice

GEORGE DURANT
Attorny Generall
Vera Copia.
Robt. Holden, Secry

The Deposition of John Culpeper aged thirty one yeares or thereabouts saith; that being at the house of Thomas Harris in or about November 1673 in discourse wth Thomas Miller ye sd Miller then sd yt It never was good times in England since the King came in nor ever would be so long as there was a King in England wch words this deponent suddenly after declared to Mr Jno. Nixon being then a Magistrate & he made answer that I this deponent was but a single evidence & yt contrary to his advise & councell ye sd Miller would bee allways talking of such matters or words to ye same efect & further saith not

JNO. CULPEPER.
Sworne before Lieut.
Col. Richard Foster.
Vera Copia.
Robt Holden, Secry

Lawrance Gonzales aged 30 yeares or thereabouts deposeth & saith yt som three yeares agoe ye deponent being at Capt. Blounts some discourse riseing but how begun yr deponent knoweth not but heard to ye best of yr deponents knowledge talking of the Royall Issue yt some of them was dead & yt sd Miller sd he hoped yt some of ye rest would not bee long

-------------------- page 315 --------------------
after to ye deponents best of his knowledge was ye Duke of York & ye deponent further saith yt being a subject he informed Coll Jno. Jenkins of the same & further saith not

LAWRANCE GONZALES
Sworn before John Harvey Esq
& Richd Foster Esq
Vera Copia
Robt. Holden Secry

The deposition of William Cockin aged 35 years or thereabouts who deposed saith yt about one month since at the house of Tho. Harris he heard Thomas Miller express & say (without any provocation given as this deponent knoweth) to one there present George will you loose yr life for the King, the sd George answered yes, had I as many as I have hares upon my head yn Miller answered thou art a fooll, why sd George will you not loose yr life for the King noe answered Miller nor for any man that weares a head, why sd George what if the King should make you Captaine of one of his best shipes would you not then fight for him noe sd Miller except in a righteous cause, why sd George doth the King sett his subjects to fight in unrighteous causes, ye sd Miller answered some time he sets his people to fight in unrighteous causes, One Thomas Willis being by sd if you were in place where you would bee cutt in peeces for that wordes further this deponent saith ye sd Miller sd that there was noe righteous dealing among the Cavaleares for the King had his hand in a whores plackett & further saith not

WILLIAM W COCKIN
Sworne before me the 26th July 1675
John Jenkins
Vera Copia
Robt Holden Secry

The deposition of Thomas Willis aged 28 yeares or thereabouts who deposed saith that all & every the words artickles and sentences which are above expressed & sworn to by William Cockin are trueth & nothing but the trueth & further the sd Miller expressed at the same time & said that of all Religions in ye world the Cavallrs were the worst Rogues & yt there was no righteous dealing amongst them & further ye sd Miller sd, how can there be Righteous dealing amongst them when the King hath his hand in a whores plackett & further saith not.

THO. WILLIS
Sworn before mee
July 26th 1675
John Jenkins
Vera Copia
Robt. Holden Secretry

-------------------- page 316 --------------------

The deposition of Diana Harris aged 32 yeares or thereabouts saith that Thomas Miller being in hir house in discourse sd yt of all Religions in the world the Cavallrs are the veriest rogues & Tho. Willis answered why soe & Thomas Miller replyed againe how can there be righteous dealing when ye King hath his hand in a whores plackett & further saith not.

DIANA
hir
X
marke
HARRIS
Sworn to in Court this 29th March 1676. Jno Jenkins Esqre & acknowledged before the Grand Councell by hir selfe held Novembr 1679 in ye County of Albemarle myselfe present
Vera
Copia
Robt. Holden
Secretry

The deposition of Jno. Davis aged 34 yeares or thereabouts saith yt the deponent being at his owne house & Mr Tho. Miller being there the sd Miller discoursing conserning the County sd yt the Lords had granted that to the Countery that they would not grant him and that ye sd Miller admired at my Ld Ashley yt was as wise a man as any in England & ye sd Miller sd yt the Lds was turned fooles or sotts or else they would not deall soe unjustly by him & if he were in England he would tell them on it to there faces & further saith not

JOHN DAVIS
Sworn before the Grand Councell Novembr 6th 1679
Vera Copia
Robt. Holden. Secretry

All the above declarations apeared against him (the last deposition excepted) before the Palatine Courtt held August last in the County of Albemarle present Jno. Harvey Esq. Governor now deceased, myselfe, Anthony Slocomb Esqre James Hill Esqre & Thomas Biggs Esqre & made good to his face whereupon the Govr & myselfe signed his mittimus & comitted him to the custody of Tho. Leper a Marshall from whence he escaped by the assistance of James Hill Timothy Biggs Esq Jno Taylor Henery Hudson & som others, whereupon he was followed by hue & cry into Virginea & hee obtained the Govr of Virginea Sr Henry Chichly spetiall warrant under his hand & Seale (wch hee have) to aprehend him, but he escaped thence in one Fen contrary to ye sd spetiall warrant & Knowledge of sd Fen to whome the warrant was showne. There was allsoe at ye same time another indictmt exhibited against him for Blasphemy wch is as followeth wth the evidences. Tho. Miller thou standest indicted by ye name of Tho. Miller of this County Apothecary for not

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having the feare of God before thine eies but being stirred & moved by the instigation of the Devill on or about ye 18th day of November 1675 in most Atheisticall & Blasphemous manner didst utter & declare these words or to ye same efect In speaking of the Sacramt of the Lds Supper yt is to say whats that a litle hogs wash putt in a piggs trough wch words were spoken at the House of Mr Francis Godfrey & are contrary to ye Laws of God & our Soveraigne Lord the King his crown & dignity & against the forme of severall statutes in that case made & provided & to agravate yr crimes you wth abettrs & assisters have broken prision & escaped to evade ye stroke of justice

GEO. DURANT Attor Genll

The deposition of Jno. Nixon aged 54 yeares or thereabouts Being at ye House of Francis Godfrey did heare a discourse between one Patrick Jackson & Thomas Miller about the sd Jackson going to Virginea ye sd Miller did afirme that Jackson was there to inform Mr Drummond of ye afares of our country or words to yt purpose ye sd Jackson sd yt he would lade it on his Sacramt yt it was not soe, ye sd Miller sd yt hee looked on his Sacramt to bee but as a prcell of Hoggs wash or words to that purpose & further saith not.

Jno NIXON.

The deposition of Jno. Dye aged 47 yeares or thereabouts saith That yr deponent being at the house of Mr Francis Godfrey about ye first day November 1675 yr deponent heard Tho. Miller tax Patrick Jackson about carrying a letter into Virginea concerning him wch the sd Jackson denied he knew of no such matter saying he would lade the Sacramt of it to wch the sd Miller replied yr Sacramt whats that a little Hoggs wash powred in a pigs trough and further yr deponent saith not

JNO DYE
Sworn before Richard Foster & John Dye owned this deposition before the Grand Councell held in the County of Albemarle Novembr 1679
Vera Copia
Robt. Holden, Secretry