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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
September 12, 1712
Volume 01, Pages 869-872

[Council Journal.]


North Carolina ss
Att a meeting of Lds proprs Deptys at ye house of ye Honble Majr Genll Pollock in Chowan on the 12 day of Sept Ani Dni 1712 where was

The Honble Thos Pollock Esqr Ld proptr Depty
The Honble Thos Boyd Esqr Ld proptr Depty
The Honble Nath Chevin Esqr Ld proptr Depty
The Honble Wm Reed Esqr Ld proptr Depty
The Honble Tobt Knight Esqr Ld proptr Depty

It having pleased Almighty God to take out of this life the Honble Edwd Hyde Esqr late Govr Capt Genll & Admll of this province the above named Deptys In persuance to ye Lds proptr Instructions & for ye better Governmt of this Country and preserving ye peace of ye Same Doe unanimously make Choice of ye Honble Majr Genll Thos Pollock to be presidt of ye Councill & Comandr in Chief of this Governmt untill the Lds proptrs pleasure be farther Knowne

And there upon ye Said Thos Pollock Solemnly tooke and Subscribed by Law appointed to be taken by Law for his quallification together wth the Oath appointed to be taken by all Govr & Commandr in Chiefe for ye Due Observation of ye Lawes of Trade and then took his place at ye Board accordingly

Att a Councill holden at ye tyme and place above sd

Present
The Honble Thos Pollock Esqr
Presidt of ye Councill & Comandr in Chiefe
The Honble Thos Boyd Esqr Ld proptr Depty
The Honble Nath Chevin Esqr Ld proptr Depty
The Honble Wm Reid Esqr Ld proptr Depty
The Honble Tobt Knight Esqr Ld proptr Depty
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Majr Christopher Gale presenting to this Board a Deputation from ye Lady Eliza Blake Guardian to Joseph Blake Esqr a minor and one of ye true and absolute Lds proptrs thereby appointing him to be Deputy to ye Said Joseph Blake which was publickly read allowed of and ordered to be recorded And there upon ye said Christopher Gale tooke and Subscribed the severall Oathes by Law appointed to be taken for his quallification & then tooke his place at ye Board accordingly

Then a proclamation was published in following words (Vizt)

For as much as it hath pleased Almighty God to take out of this life the Honble Edwd Hyde Esqr late Govr Capt Genll and Admll of this province and the Lds proptrs Deptys having thought fitt for ye future good Governmt of this Country and for preserving the Peace and Tranquillity thereof to make choice of the Honble Thos Pollock Esqr to be presidt of the Council and Comandr in Chiefe of this province until ye Lds proptrs pleasure be farther knowne Whereupon wee doe by this our proclamation strictly on her Majes behalfe require and comand all her Majty Loveing Subjects within this Governmt to render their Due obedience thereto And doe hereby also farther declare all commissions both millitary and Civill & all process depending in any Court of Record in this Governmt are and shall stand & be in full force power & virtue untill farther ordr from this Board Given &c

Upon complt to this Board by Coll Mitchell & Col Alozr Mackey that they have rec'd divers concureing Information agt Thomas Cox Senr & Wm Stafford Senr of Corretuck for that they did in a Mutinous maner Seduce & draw a side divers men who had Enlisted in ye Service of this Governmt to ye great Detirment of ye present Expedition agt the Indyan Enomy

Whereupon it is ordered by this Board that ye Honble Majr Wm Reed doe Issue out his ordrs to Such persons as he shall think fitt to aprehend & take ye said Thos Cox and Wm Stafford & Carry them before ye said Coll Mitchell & Coll Mackey to be punished as ye Lawes in that case requires Only in Case they shall be adjudged to Death It is hereby ordered that ye execution be suspended untill farther orders from this Board of which advice is given to Coll Mitchell & Coll Mackey

Upon Petition of Thos Roper Showing that his bror Jno Roper is Dead without will and that ye Said Jnos Widdow is a Distracted person and not Capable of taken out Administration on her decd husband Estate therefore prays Administaation may be granted to him on behalf of ye said Widdow & Children

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Ordered that Administration be granted to ye Said Thos on behalfe of ye said Widdow & Children accordingly

Upon Petition of Jonathan Bateman praying yt a Certain Negro Called Harvey which he bought of one Jno Butler brought from South Carolina and now in ye Custody of ye Marshll may be redelivered to him And it appearing to this Board that no one hath any Just Claime to him It is ordered that ye Marshall doe deliver ye afsd Negro unto ye Said Jnoa Bateman he paying ye fees due thereupon & giving suffeicent Security for ye Dutys and for ye Importain of the sd Negro.

Upon Petition of Daniell Jones Showing that Edward Wilson is Dead without will and that Sarah his wife together with Eliza Wyatt Wife of Samll Wyatt are Daughters & Coheyres's & nearest of kind to ye Dec'd & therefore pray's Letters of Administration on ye Said Edwd Wilsons Estate

Ordered that Leters of Administration be granted on ye Said Estate of ye Said Wilson to ye afsd Danll Jones & Samll Wyatt on behalfe of their wives afsd

And that Capt Jno Pettiver Jno ffalconer Thos Paris & Thos Avery or any three of them doe make Division of ye afsd Estate between ye sd Danll Jones and ye Afsd Samll Wyatt

Upon Petition of Thos Long Exectr of ye last will and Testamt of Robert ffendall Dec'd praying Apraisors may be appointed to appraise ye Estate of ye Dec'd

Ordered that Majr James Coles ffra Beezly James Ward & Joshua Calloway or any three of them doe appraise ye said Estate and make returne accordingly

Whereas there has been Twenty new Guns and Sum̄e Amunition sent unto ye Honble Edwd Hyde Esqr late Govr from So Carolina for ye Service of this Governmt And Madm Catha Hyde wi'dd & Relict of ye said Edwd Hyde being desirous that ye Governmt Should take into their possession the said Guns and Amunitions for ye said service afsd

It is ordered by this Board that ye said Guns & Amunition be put into ye Custody of ye Honble the president to be by him apply'd to ye Service of ye Governmt as he shall think most proper and that he give Madm Hyde a recpt for ye Same

It is ordered by this Board that Majr Cleve be provost Marshll for ye County of Bath and that a Comission for that purpose be prepared agt ye next Councill and that he then give in security to ye presidt for ye Execution of his said Office according to ye Act in that Case made And that he have authority to Act in ye Said Office in ye mean while

-------------------- page 872 --------------------

Upon petition of Hannah Smyth praying apraisors may be appointed to appraise Such part of ye Estate of Jno Lawson Dec'd as is in this County of Albemarle

Ordered that Coll Thos Boyd Majr Christo Gale & Tobias Knight Esqr doe appraise ye said Estate and make returne thereof accordingly

It is ordered by this Board that Thos Pollock Jr be appointed Surveyr Genll of this Governmt and that a Comission doe Issue out to him accordingly And then ye Said Thos Pollock Jr tooke and subscribed the severall Oathes appointed to taken for his quallification And Coll Thos Boyd Came and assumed upon himselfe to be security for ye Said Thomas Pollock Jr according to ye Laws in that behalfe made

T KNIGHT
C GALE
N CHEVIN
THOs POLLOCK
THOs BOYD
Wm REED