# Lancaster County, SC - Court of Common Pleas - Judgment Roll 103 | | | |---|---| | **Case** | Gustavus Rape v. Daniel Clarke | | **Dates** | 1801-1803 | | **Roll** | Box 3 [?], Roll 103 | | **Pages in source images** | 10 | ## Source Lancaster County (formerly Lancaster District), South Carolina, Court of Common Pleas, Judgment Roll 103 (Box 3 [?]). Original records held by the South Carolina Department of Archives and History, Columbia, SC. Transcribed from photographs of the original judgment roll (image files: folder [103](103/), 10 photographs). ## Disclaimer This transcription was made using AI (Claude, by Anthropic) from photographs of the original court papers. It is an attempted transcription, not a certified copy. Faded ink, difficult handwriting, torn folds and damaged pages make some readings uncertain, and errors are possible. Check the original images before relying on any reading. ## Transcription conventions - Original spelling, capitalization and abbreviations are kept as written. - `[?]` = uncertain reading; `[illegible]` = could not be read; `[blank]` = a space left empty on the original. - `[struck: ...]` = printed or written text that is lined through on the original. - `[...]` and *[italic bracketed notes]* = editorial explanations added by the transcriber; `[letters]` inside a word = letters supplied to expand an abbreviation. - On printed forms, handwritten fill-ins are shown in ***bold italics*** where it helps to tell them apart from the printed text. - "Img." numbers refer to the photographs in the roll's image folder, in file-name order, which is not always the order the papers were written in. **Notes on these images:** - Img. 1 shows the docket cover on its own; Img. 3 shows the last page of the declaration with the same docket cover below it. - Imgs. 2, 4, 5, 6, 7, 8 and 9 were photographed sideways or upside down and were rotated for reading. - The top-left corner of the docket cover is torn; the box number is only partly visible. - The case is called a "Malicious Prosecution" on the covers. The underlying charge was hog stealing. ## Transcription **Imgs. 1 and 3 (lower half) - Docket cover of the declaration** > [torn] B3 [?] R 103 Roll 10 [?] > Gustavus Rape > vs } Declon for a Malicious Prosecution > Daniel Clarke > > Brevard & Blanding > > Filed January 8th 1802 - > Rule to plead posted the same day > Ord. for Judgment 22nd March 1802 > set aside by order of court. > Plea & issue 29 March 1802. > > [At the far end of the cover:] > May 1802 > D. Brown appears --- **Imgs. 2-3 - Declaration** > South Carolina } to wit. > Lancaster District } > > Daniel Clarke was attached to answer to Gustavus Rape in a plea of trespass on the case and so forth. And thereupon the said Gustavus by Joseph Brevard and Abram Blanding his attornies complains, for that the said Daniel contriving and wickedly and maliciously intending unjustly to aggrieve the said Gustavus and to hurt injure and prejudice the said Gustavus in his good name fame and reputation and to cause him to be esteemed and reputed among his neighbors and others guilty of theft and to cause him to undergo the pains and penalties by the laws of this state made against hogstealing [?], and under a pretence and color of justice to put him to great expence, without any probable or reasonable cause and of his malice aforethought, at Lancaster court house in the district and state aforesaid and within the jurisdiction of this court, on the seventeenth day of January in the the year of our Lord one thousand eighteen hundred and one, did, falsely and maliciously complain upon oath, before Richard Hunley one of the justices assigned to keep the peace in and for the said district of Lancaster, and inform that the said Gustavus had feloniously taken one hog of the said Daniel's property, and then and there before the justice aforesaid did falsely and maliciously impose upon the said Gustavus the crime of hogstealing; upon which said false information and complaint, he the said Richard Hunley Esquire did, on the same day and year aforesaid, issue a warrant directed to any lawful officer, requiring them to apprehend the said Gustavus and to bring him before the said Richard Hunley or before some other justice for the said District to answer to the said complaint and to be further delt with according to law. By virtue of which said Warrant, the said Gustavus, afterwards, to wit, on the same day and year aforesaid, at the place aforesaid, was unjustly and without any probable or reasonable cause apprehended and restrained of his liberty, and carried before the said Richard Hunley esquire, before whom the said Daniel did further falsely and maliciously and without probable cause prosecute and cause to be prosecuted the said complaint against the said Gustavus, untill afterwards, to wit, on the twentieth day of January in the year aforesaid, at the place aforesaid, the said complaint having been fully examined and understood by the said Richard Hunley esquire, he the said Gustavus, before the said Justice was acquitted of the said charge in due manner according to law, the said information and complaint being without foundation, or reasonable cause, or in any manner sufficient to authorise the said Richard Hunley to bind over the said Gustavus to answer further to the same or to keep him longer in custody. By reason of which said false and malicious proceedings of the said Daniel, he the said Gustavus not only suffered a long and grievous imprisonment, to wit, for the space of two days, but also has been obliged to undergo divers labors and expences for his acquittal and discharge in this behalf, and has been greatly hurt and dammified in his good name, fame and reputation and has been brought into great infamy and discredit among his neighbors and others, to his damage one thousand dollars lawful money; and therefore he brings suit and so forth. > > Brevard & Blanding Plffs Atty *[The words "made against hogstealing [?], and under a pretence" run along a torn fold and are partly lost. "or reasonable", "falsely and maliciously", "malicious proceedings of the said Daniel" and "and without probable cause" are written above the line as insertions.]* **Img. 3 - Plea and joinder** > And the said Daniel Clarke by Daniel Brown his attorney comes and defends the force and injury when and so forth and says that he is not guilty of the complaint above alleged against him in manner and form as the said Gustavus thereof complaines against him: and of this he puts himself upon the country and so forth. > Brown > Defts Atty > > And the said Gustavus does so likewise. Abram Blanding Plffs Atty --- **Img. 6 - Original writ (printed form)** > The State of South-Carolina. > To all and singular the Sheriffs of the said State, greeting. > > YOU, and each of you, are hereby commanded without delay, to ***attach the body of [struck: illegible] Daniel Clarke*** wheresoever ***he*** may be found within your and each of your respective Districts, so that you compel ***him*** to be and appear before the Associate Judges of the said State, at the Court of Common Pleas, to be holden at ***Lancaster court house*** in and for the District of ***Lancaster*** on the ***first*** Monday ***after the fourth monday in October*** next, to answer to ***Gustavus Rape in a plea of trespass on the case for falsely and maliciously causing and procuring the said Gustavus Rape to be prosecuted for hog-stealing to the damage of the said Gustavus one thousand dollars, lawful money*** > > And have you there this Writ, before the Clerk of the said Court, Fifteen days next before the sitting of the said Court. > > WITNESS the Honorable ***John Faucheraud Grimke Esqr.*** Senior Associate Judge of the said State, at ***Lancaster court house*** the ***first*** Monday ***after the fourth monday in [struck: Octr] April [?]*** in the Year of our Lord One thousand eight hundred ***and one*** - and in the twenty-***fifth*** Year of the Sovereignty and Independence of the United States of America. > > ***Brevard & Blanding*** Plaintiff's Attorney. > > [Left margin:] Jno. Simpson Clerk --- **Img. 5 - Back of the original writ (endorsements)** > [Left panel:] > Lan. Dis. 7th Novr. 1801. > Gustavus Rape > vs } Writ Case for Mal. Prosecn. > Daniel [struck: illegible] Clarke > > Brevard & Blanding > > Lodged in Sheriffs Office April the [?] 1801 > > Sept. 16th 1801 Served the defendt. personally with a Copy of this writ > Service 7 [?] > Milage 4 [?] > S. Barr [?] D.S. > > Service known before > Jno Simpson Clk > > [Right panel, written across the printed notice:] > I have by Stephen Barr my lawfull deputy personally served the within named defendant with a true Copy of this writ, with a legal notice thereon endorsed > Thos. H. Wade [?] Shff L.D. > > [Printed notice, crossed out:] YOU are arrested by Virtue of, or served with this Writ or Process, to the Intent that you may, by your Attorney, be and appear at the Court of Common Pleas, to be holden at ... Court-house, for ... District, on the ... day of ... next, in order to make your Defence in this Action; and that in Case of your Refusal or Neglect, during the Sitting of Court, Judgment may be entered against you by Default. --- **Img. 4 - Arbitrators' award** > We the Subscribers being Chosen as Arbitrators between Augustavas Rape & Daniel Clark -- Saith that the sd. Clark is to pay all Cost & three dollars to sd. Rape. Given under our hands this 28th day of October 1802 - > Hugh Coffey > Jno. Welsh > William Nelson > Joseph Hough > John Craig --- **Img. 10 - Judgment on the award** > And now at this day, to wit, the twenty ninth day of March in the year of our Lord one thousand eight hundred and two before the Justices aforesaid at the court of Common pleas aforesaid at Lancaster court house come the parties aforesaid in their proper persons, and by rule of the said court do submit the matters in dispute between them to the arbitrament and award of Hugh Coffey, John Welsh, William Nelson, Joseph Hough and John Craig, arbitrators indifferently [?] chosen and agreed upon by the parties aforesaid, so that the said award be made and returned to the said court on or before the sitting thereof to be holden at Lancaster court house on the first day of November next. > > At which day before the Justices aforesaid, [struck: at the] at Lancaster court house come the parties aforesaid by their attornies aforesaid, and the said arbitrators having made their award in the premises and returned the same to the said court; whereby it is awarded that the said Daniel Clarke do pay the said Gustavus Rape three dollars and all costs of suit. And thereupon the said Gustavus prays judgment and that the said award may be affirmed. Therefore it is considered that the said Gustavus do recover against the said Daniel as well his damages aforesaid to him by the arbitrators aforesaid awarded to three dollars as also the sum of [blank] for his costs and charges by him about his suit in this behalf expended to him by the said court adjudged. Which said damages costs and charges in the whole amount to [blank] and be the said Daniel in mercy &c. --- **Img. 9 - Bill of costs (docket of the judgment)** > Gustavus Rape > vs } Judgmt. > Daniel Clark > > Attys costs > Writ - L1.-.- > Declon - 1.5 > Rule - 2.4 > 2 Subpoeas - 10 > Speel Matter [?] 1.5 > [struck: Jury] - 5 [?] > Judgmt - 15 > Exon - 6 > Regg Judgmt 1 > L5.4.4 > Equal to $22.35 > Counsels fee $20.- > $42.35 > Shffs do - 2.35 > Clks do - 5.50 > $50.20 --- **Img. 8 - Writ of fieri facias (printed form)** > THE STATE OF SOUTH-CAROLINA: To all and singular the Sheriffs of the said State, greeting. > > YOU, and each of you, are hereby commanded, without delay, that of the goods and chattels, houses, lands, and other hereditaments and real estates of ***Daniel Clarke*** you cause to be levied, the Sum of [blank] which ***Gustavus Rape*** in the Court of Common Pleas, before the Justices of the said state, at ***Lancaster court house*** lately recovered against the said ***Daniel for his damages which he sustained as well by reason of a certain trespass [struck: illegible] the said Daniel to the said Gustavus done as for his*** Costs and Charges by ***him*** expended in and about prosecuting ***his*** Suit in that behalf, whereof the said ***Daniel is*** convicted, as appears on Record. And that you have the said Monies before the said Justices, at the Court of Common Pleas, to be holden at ***Lancaster court house*** on the ***first*** Monday after the fourth Monday in ***March*** next, to render to the said ***Gustavus for his*** Damages, Costs and Charges aforesaid. And have you there this Writ, before the Clerk of the said Court, fifteen days next before the sitting of the said Court. > > WITNESS the Honorable ***John Faucheraud Grimke*** Esquire, Senior Associate Judge of the said State, at ***Lancaster court house*** the ***first*** Monday after the fourth Monday in ***October*** in the Year of our Lord one thousand eight hundred and ***two*** and in the ***twenty-seventh*** Year of the Sovereignty and Independence of the United States of America. > > ***Abram Blanding Plffs Atty*** > > [Left margin:] Jno. Simpson Clerk --- **Img. 7 - Back of the fi. fa. (endorsements and sheriff's return)** > [Left panel:] > By virtue of this writ to me directed I have caused to be made of the goods and chattels of the within named Daniel Clark, the within debt & costs in full, which I have ready as within commanded &c. > Thos. H. Wade S.L.D. > > Satisfyd. > > [Center panel:] > 1803 > Gustavus Rape > 55 [?] vs } Fi Fa in Case > Daniel Clarke > > Award - $3.- > Attys costs - 42.35 > Shffs do - 2.35 > Clks do - 12.25 [?] > > Abram Blanding > > Lodgd. in my office Feby. 19th 1803 > Thos. H. Wade S.L.D. > > Wait orders > > Levying - $1.50 > mileage - .86 > advertising 2 [?] > Filing &c [?] - .96 > $5.32 > cost on writ 3.41 > 8.73