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Colonial and State Records of North Carolina
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Minutes of the North Carolina Governor's Council
North Carolina. Council
July 04, 1712 - July 12, 1712
Volume 01, Pages 855-857

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[Council Journal.]


North Carolina ss
Att a Council holden at ye house of Capt Jno Hecklefield in Little river on Thursday July 4th 1712

Present.
The Honble Edwd Hyde Esqr Govr Capt Genll Admll &c
The Honlbe Thos Pollock Esqr Ld proptr Depty
The Honlbe Nath Chevin Esqr Ld proptr Depty
The Honlbe Wm Reed Esqr Ld proptr Depty
The Honlbe Thos Peterson Esqr Ld proptr Depty

Francis Tomes & Joshua Tomes Exectrs of ye Last Will & Testamt of Francis Tomes dec'd Came & presented this Board ye last Will & Testamt of sd ffrancis & proved ye Same by ye Solemn affirmation of Wm Bogue & Mathew Albertson & pray'd probat of ye Same

Ordered that probat of ye Said Will be granted as pray'd

Upon petition of Wm Maule and Jno Councill showing, that three Tracts of Land formerly patented by Charles Gee upon ye Northside of Morattock River is Lapsed for want of Seating and prays that the same may be granted to them

Ordered that ye Same be Granted to ye petitionrs as pray'd

Upon petition of Mathew Midgett praying that he may be allowed ffifty pounds persuant to proclamation for aprehending Emanll Low which is to be allowed out of his Estate if Convict

Emanuell Low being aprehended & brought before this Board for Stirring up Sedition & Rebellion agt this Govermnt and endervouring to Subvert ye Same, Was Committed to Custody of ye Provost Marshall therefor

Then this Board Adjourned till tomorrow morne 9 of Clock

ffriday Morne at 9 of Clock this Board met again & present ut Supra

Upon petition of Jno Davis praying an ordr of Councill for the Division of ye Land between him & Thos Boswell and it appearing to this Board that ye Said Jno Davis hath a right to divide ye Same

Ordered that ye Said Land be divided accordingly

Upon petition of Beija Raymand (being Sumonsed to appeare before this Board to answr to divers matters lay'd to his charge) pray's to be dismissed and there appeareing noe evidence agt him

Ordered that ye Said Benja Raymand be forthwith dismissed paying ffees—

Then this Board adjourned till Saturday July 12th

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Saturday morne July 12th this Board met againe present ut Supra

Upon Petition of Wm Vaughan Setting forth that whereas he stands bound over to ye Genll Court to answr to Such matters as shall be objected agt him and haveing divers tymes made his appeareance thereto pray's to be discharged from ye same and that he may have Liberty to depart this Governmt about his nessary Imploymt And this Board haveing taken ye same into their Consideration and finding that said Vaughan hath well Behaved himselfe since ye Giveing of the Said Bond It is ordered by this Board that ye said Vaughan be and is hereby discharged from ye said Bond and all penaltys therein Contayned And that he have Liberty to depart this Governmt persuant to his sd Petition—

Upon Petition of Doctor Godfry Spruell showing that a tract of Land which he formerly purchas'd of Majr Genll Pollock is not rightly Survey'd and therefore pray's an ordr of this Board to make a new Survey on ye Same

Ordered that ye Said Godfry Spruell have Liberty to Survey ye Said Land over againe And make returns thereof into ye Sectrys Office—

Whereas the Lds proptrs to Encourage ye Speedy Setlemt of this Country have granted to each person that comes wth designe of Setleing here a right of fifty acres of Land which favor of their Ldsps hath been of Late very much abused by persons being admitted to prove rights for themselves and other who never had ye least designe or intention of setleing in this Governt to ye great abuse of that favor & defrauding the Govrs & Comanders in Cheife of their Just ffees

It is therefore Ordered by this Board that ye precinct Courts for ye future doe allow of noe rights to be proved but of such persons who Come in wth Intention of Setleing afsd And have been resdt at least six monthes And that ye right of noe one person be permitted to be proved more than once and that be in right of ye person himselfe and noe other It is likewise ordered that ye Sectry forthwth Send a Copy of ye above ordr to every precinct Court in this Governmt

Upon a motion made by the Honble Majr Wm Reed praying that Majr James Coles may be ordered to deliver up a Bond of 300£ which the sd Reed was forced to give for his discharge out of ye Said Coles custody being Committed by an ordr of Coll Thos Cary in ye tyme of his usurpation and ye said Coles being called before this Board acknowledged that he had Such a Bond which he was ready to deliver on an ordr of this board

Whereupon it is ordered that ye said Majr Coles doe forthwth deliver ye sd Bond to ye sd Majr Reed as he will answr ye contrary

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The Last Will & Testamt of Jno Harris was exhibited before this Board & proved by ye Oathes of Edward Pagett & Mary F Tysor two of ye witnesses thereof And Mr Snoden Attoty for ye Exectrs pray it may lye before ye Councill untill a Spa be Issued out for Jno Wells another of ye Evidences thereto for furthur probat thereof

Upon petition of ye Inhabitans of Alligator praying that they may be removed into ye precinct of Pasquotank & noe longer be of ye Precinct of Chowan

Ordered that all ye Lands in & about Alligator & ye Inhabitants thereof Soe far up as ye White Oak Lands where Mathew Midgett now lives be from hence forward Deemed and taken to be in ye Precinct of Pasquotank the Inhabitant thereof paying all Such due Levy's gra as are now due & engaged for to ye precinct of Chowan

Ordered that ye petition of Mr ffred Jones be referred to ye next Genll Court

The Honble ye Governr representing for this Board that there is noe person here to represent the Honble Jno Danson Esqr one of ye Lds Proptrs as his Deputy

Whereupon It is ordered by this Board that Tobias Knight Esqr be & is hereby appointed Deputy to ye said Jno Danson Esqr untill his pleasure be farthur knowne And then ye said Tobias Knight & Subscribed ye severall Oathes by Law appointed to be taken for this qualification & then tooke his place at ye board accordingly per ordered

T KNIGHT Sectry