Documenting the American South Logo
Colonial and State Records of North Carolina
Letter from Thomas Pollock to Charles Eden
Pollock, Thomas, 1654-1722
Volume 02, Pages 375-376

[From Pollock's Letter Book.]

Hond Sir

I was something surprised at the receipt of yours, not so much on account of their making a forcible entry, as upon their making of it at this Juncture; but it is like some of their other proceedings. And I think strange that Coll Moseley is concerned in such an action, which he knows is so contrary to law, and I think to very little purpose. For one Justice of the Peace upon complaint made to him, ought to go to the place

-------------------- page 376 --------------------
where the forcible entry hath been made, and if he see cause may take sufficient power of the country with him, and remove the force if he find any forcible detainer, and commit the offenders. And if upon his going to the place he finds no forcible detainer, yet upon complaint as aforsaid he may inquire by a jury of the forcible entry, which being found upon indictment he may resize the land, and award restitution to the party ousted of possession. I believe the best way is to proceed legally in the matter, for if your Honor in turning them out, should make any wrong step, they will be ready to make all the advantage they can of it; and may be it is with expectation of some such matter they proceed so at this time. So that I believe it may be best if Capt Lovick act in the matter, he being tenant and ousted of possession. I have writ to him and desired him (to go having witnesses with him) and see to get possession, and if they forcibly keep him out, or turn him out when entered, or threaten to maim or do any bodily hurt to him, it will make also a forcible detainer: likewise whereof I hope Capt Jones will take an inquest and if the jury find either a forcible entry or detainer, will award restitution to the party ousted of possession.

As to Col. Cary's debt I have inquired in his concerns what I can. One Mr Richardson, who is the Lords Proprietors' auditor or Receiver General of their concerns, hath administered, and pretends that he owned a great deal more to the Lords Proprietors than his estate will amount to; and he is so slow than he neither brings Cary's estate to an appraizement or takes an inventory of it neither I doubt can he well make appear what he owed the Lords Proprietors. But I believe it was more a great deal than what his estate will pay.

If you had sued for it for it here when he had an attorney, the Proprietors yet making no claim, I believe it might easily have been recovered, in our country bills: but am in great doubt now it is lost, for what is to be found of Cary's estate here is but very small, and his debt to the Lords Proprietors very great. Howsoever, if you send in your matters clear, as I writ to you before, I will endeavour what I can for you; as much as if it was mine own concern, but am in very little hopes of getting any thing.

Or I believe it might be better if you make Col Moseley your Attorney. For he having been Col Cary's attorney before is the best acquainted with Cary's concerns of any in the government.

Sir yours