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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 31, 1712
Volume 01, Pages 864-866

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[Council Journal.]

North Carolina—ss
Att a Councill holden at ye house of Capt Thos Lee in Chowan on ye 31st day of July Ano Dni 1712
Present
Honble Edwd Hyde Esqr Govr Capt Genll Admll &c
The Honble Thos Pollock Esqty Ld proptr Dept
The Honble Nath Chevin Esqty Ld proptr Dept
The Honble Thos Peterson Esqty Ld proptr Dept
The Honble T Knight Esqty Ld proptr Dept

A Proclamation for ye pardening ye Severall persons Concerned in ye late Rebellions wth Coll Cary & for discharging Such as had given Bonds for their appearance at ye next Genll Court Except ye sd Cary Emanll Low Jno Porter Edmd Porter & Wm Tillett was Issued out & published under ye Great Seale of ye Collony

Upon Petition of Jonathan Jeycocks admintr of ye Goods & Chatles of William Wallis Dec'd setting forth that William Wallis an infant Eldest Sone of ye afsd Wm is at present with him & and under his Care & he haveing likewise ye afsd Infants Estate pray's he may be admitted Guardian to said Infant—

Ordered that ye Said Jonathan Jeycocks be and is hereby admitted Guardian to ye Said Wm Wallis untill he be of age himselfe to Chuse his guardian.

Upon petition of Capt ffred Jones shewing that a tract of Land formerly granted Isaac Willson by pattent bearing Date 22d day of May 1694 Conteyneing 490 Acres lyeing in perquimons precinct is lapsed for want of Seating in Due time and humbly prays ye Same may be granted to him

Ordered that ye Said Land be Granted to ye Said ffred Jones as pray'd for

Upon Petition of Joseph Callio an Inhabitant of Nuse Showing that he and one Peter ffoundgill was seized of a tract of Land Conteyneing six hundred & fforty Acres Sicuate on Bats's Creek in Nuse river as Joint Tenants and that ye Indyans have Killed ye Said ffoungill and all his ffamily and burnt all their writeings belonging to ye said Land & prays an order of this Board to Survey ye said Land againe in his own right

Ordered that ye Said Joseph Callio have Liberty and Survey ye Said Land againe in his owne right and that ye Surveyor Doe Survey ye same and make returne thereof accordingly

It is ordered by this Board that a Probat be Granted to ye Last Will & Testamt of John Harris Dec'd

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Upon Petition of ye Exectrs of ye last will & Testamt of Jno Harris Dec'd by Thos Snoden his Attoy praying Apraisors may be appointed to apraise ye Estate of ye Said Jno Harris and also to make division thereof presuant to ye said will

Ordered that Samll Pagett Richard Lewis Jno Jones Junr and Danll Halsey or any three of them Doe appraize and make division of ye Said Jno Harris's Estate according to that will and return a true Inventory thereof into ye Sectys Office

Whereas by an act of Assbly Intitled an act Confirming Survey of Land already made, passed in an Assbly holden in march last It is Enacted That all surveys allready made (Which are not prejudice ye Lds proptrs rights or ye Govr or the presidt for the tyme or any particular persons right) for any of the Inhabitants of this Governmt and agt which noe Complts shall be made at or before ye next July Court after ye publication of this act are hereby declared to be good and vallid in Law to all Intents & purposes whatsoever any defects or Insufficiencys in ye powers or authoritys for ye soe doeing to ye Contrary in anywise Notwithstanding & that pattents may & ought to be granted on ye afsd Survey's In pursuance of which act Complaints have been this day made before this Board that divers tracts of Land have been Survey'd by warrts signed by Coll Thos Cary as Depty Govr or Presdt of ye Councill and Dated since ye said Cary was Superseaded in ye afsd authority and this board haveing duely weight and Considered ye afsd Complt are of the oppinion that all Blank warrts or pattents signed by any Govr or presidt and not fill'd up and Dated before such Govenr or presidt be supersceeded dead or otherwise removed the same is Invalled and of none Effect and if ffill'd up Dated & & made of use of afterwards is a great rong & Injury to ye Govr then next Comeing and to ye people takeing up land on soe grounless a ffoundation

Wherefore It is ordered by this Board that all ye Serveys that have been made by virtue of any warrtt Signed by Coll Thos Cary as Dept Govr president of ye Councill & not fill'd up and Dated before ye publication of ye Commission from ye Lds proptrs directed to their presidt & Deputys by weh ye Said Cary was removed from ye sd Office be and are hereby declared Void & of none Effect all pattents and rights granted thereon, And that if any pesons that has had any Land Survey'd on such Warrt have paid any money for ye Same the person to whome ye Same is paid Shall pay ye same back again and the same persons shall have ye preferrance to take up ye Same Land again if they think fitt And the Secty is

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hereby Ordered to lay before this Board all such warrts as he shall find in his Office & Cause this order to be published in every precinct—

Upon Petition of Capt Lyonell Reding praying Letters Admtion upon ye Estate of Capt James Beard Dec̄d as greatest Creditor to ye sd Estate

Ordered that he have Letters of Admtion on ye Estate of ye said James Beard Accordingly And that Thos Worsley Jno Adams Edwd Carter & Wm Gray or any three of them being first Sworne Doe appraise ye Goods & Chattles of ye Said Beard and make returne thereof to ye Sectys Office accordingly—

The Honble the Govr having represented that there is a necessity to send an Express to one Martin an Indyan Trader on ye head of Potomack to gett Intelligence from him of ye motion of ye Seneca Indyans

Ordered that ye Govr Doe send such person as he shall think to ye said Martin wth such Letters and Instructions as he shall think proper—

It is ordered by this Board that a Messenger be forth wth Sent with Instructions from ye Govr to ye Nation of Indyans Called ye Saponees to Endeavor to gett them to engage wth us in this present warr agt ye heathen upon such Conditions as they shall think fitt And to promise them on behalfe of this Governmt that if their wives & Children will come into this Country they shall be protected & provided for in the meanwhile—

Information being made to this Board that Mr John Porter Senr has seized upon divers Goods in Custody of Wm Moody Terrence Beine & Nathan1 Beard who was supposed to have feloniously stole ye said Goods Whereupon It is ordered be forth wth Sent for and Lodged in ye hands & Custody of ye Honble the Governr until ye persons afsd be acquitted of sd ffellony or the true owners of ye sd Goods doe Appeare and make their Claime Appeare to ye Same—

It is ordered by this Board that a Shallop belonging to Richard Silvester of Virga whereof Richard Jasper is at present master be forth wth Imprest into ye Countrys Service and Danll Lewis and Mathew Midgett doe apraise the same wth all her takle furniture and apperell and make returne thereof to this board

Upon Complaint to this Board by Capt ffred Jones that great quantitys of Salt was Irregularly taken from his house at Matchepungs under pretense of Suporting ye Garrisons thereabout and pray's that ye Same be returned to him in Kind

Whereupon It is ordered that Wm Barrow and Isaae Jacobs who tooke part of ye said Salt away shall returne ye Same quantys of Salt againe by ye tenth of Octor next at ye afsd house of ye said Jones in Matchepungo afsd as they did take away

per T KNIGHT Sectry