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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
August 10, 1714 - August 11, 1714
Volume 02, Pages 139-142

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[Council Journal.]


North Carolina—ss
Att a Council holden at ye house of Majr Jno Hecklefield in Little River on 10th day of Augt 1714

Present the Honble Charles Eden Esqr Govr Capt Genll & Admll &c
The Honble Thos Pollock Esqr Lds proptrs Depty
The Honble Thos Boyd Esqr Lds proptrs Depty
The Honble N Chevin Esqr Lds proptrs Depty
The Honble Wm Reed Esqr Lds proptrs Depty
The Honble C Gale Esqr Lds proptrs Depty

ffrancis ffoster Esqr presented to this Board a Deplac̄on from ye Honble Jno Danson Esqr one of ye true and absolute Lds proptrs of this province thereby appointing him to be his Deputy which was read approved of and ordered to be reccorded.

And then ye Said ffra ffoster tooke and subscribed the severall Oathes appointed to be taken for his quallification and then tooke his place at ye board accordingly—

Then this board adjourned untill to morrow morne 9 of the Clock.—

Augt 11th this board met againe prsent ut Supra

Upon motion to this Board by Mr Henry Clayton setting forth that Mr Jacob Peterson late of this Governmt was possessed of a tract of Land at ye Sandy banks which at his Decease he bequeathed to Mary his then wife who since intermarryed wth one James Coles—late of this province Dec'd who in his life tyme Survey'd ye same Land in his own name. And pray's that she ye sd Mary Coles since intermarryed wth ye Said Henry Clayton) may have a Pattent for ye Same Land in her owne name. And Thos Harvey who is a Legatee of Halfe ye said Lands belong's to him as part of ye Said James Coles Lands and ye mater being debated & heard on both sides It is ye oppinion of this board that ye right of ye sd Land was in ye Said James Coles and that it ought to be disposed off pursuant to his will—

Upon the Petition of Capt Nicho Crisp Setting forth yt about Six or Seven years agon he tooke up and Survey'd Six hundred & Twenty acres of Land on Morratock river a Place Called Skanwankee and hath duely pd ye Quit rents for ye Same as well as ye purchase money to ye Lords proptr receiver Genll as by ye same Survey & rect may appeare. And farther

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that upon his making applycation for a pattent for ye same Land he is advertised that an ordr is pass'd in ye Councill (long since his taken up ye sd Land) that ye same is reserved for hunting Quarters for some of ye Tuskurora Indyans which ordr he Conceives is not well grounded in as much as he who has right to ye Said Land was not Called to make his Title thereto. And he is further advised that ye said Order is passed Since ye Tusks Articled wth ye Governmt to be Confined and bounded between ye two rivers of Pamplicough and Nuse. And that if ye Indyans should be permitted to have hunting Quarters on ye Said River of Morattock it will very much prejudice ye setleing that river wch is Capable of Seating Some hundreds of familyes. And he farther Showeth that notwithstanding his right is so apparant to sd Land he has always been ready to make some reasonable Complyance to such Indyan or Indyans as should lay any pretenses to ye sd Land and which he is still ready to doe therefore prays that he may have a pattent passed for ye sd Land according to his purchase &c And ye matter being Considered & it appearing to this board that ye said Crisp has actually pd ye purchase money for ye Same Land.

It is ordered that soe soone as ye said Crisp shall have agreed wth ye said Indyans or that ye said Land shall by any other means be freed from ye Indyans title the sd Crisp shall have a pattent for ye same And that in ye mean tyme his Title be and shall be preferable to any other title of any Englishman

Upon Petition of Mary Relfe widd Setting forth that her decd husband did in his life time by order of this board Survey and lay out for ye Yawpun Indyans Ten thousand two hundred & forty acres of Land and pray's that ye Said Indyans may be ordered to pay her for ye Same amounting to Eleven pounds Eighteen Shills. And ye Said Indyans appeareing Confessed that they were to pay one halfe of ye Charge and noe more.

Whereupon it is Ordered that ye Said Indyans doe pay unto ye Said Mary Relfe ye Sum of five pound nineteen shills being the one halfe of ye Charges as afsd

Upon Petition of Jno Hoyter on behalfe of himselfe and the rest of ye Chowan Indyans therein setting forth that ye Said Indyans had granted to them in the Administration of Govr Archdale for their settlemt a tract of Land on ye Eastern side of Bennets Creek including Meherins Neck of Twelve Miles Square which not being laid out according to ye directions of ye Order of Council they aply'd themselves to ye Honble President Glover & ye Councill then being to have ye same laid out upon wch it was

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ordered that a tract of six miles square within those bound should be laid out for their setlemt wch yet hath not been done and further that most of ye said Indyans have been upon Eight Expiditions agt the Indyan Enemy of this province and during the time they were in ye Countys Service they Suffered Considerable loss in their plantations & Stocks loosing Seaventy five head of hoggs a Mare & Colt their Corne destroy'd by horses & Cattle their fences burnt & fruit trees destroyed by all wch & ye wearing out of their clothes they are reduced to very great poverty and pray's that their Land may be laid out according to ye intent of ye Grant and that they may have some allowance made for their services & Losses, &c and this board haveing Considered the whole matter

It is ordered that Coll Wm Maule doe Examine in the former Survey Made by Coll Moseley and Doe see whether ye same be made pursuant to former order of ye Councill & Whether it Conteyns ye Quantity & Make report thereof to this Board.

Upon Petition of Mr Jno Lillington that about four years Since by virtue of a commission from Edwd Moseley Esqr the then Surveyr Genll he made divers surveys in ye County of Bath but had not made returnes thereof into ye Sectys Office by reason he intended to make returne of those wth some others agt ye next Octor Genll Court. And it hapning afterwards that ye Indyans burnt his house where his papers were by which he is incapable of returning those survey's therefore prays that he may have Leave to resurvey & returne those Survey's he had then made &c And ye matter being duely Considered by this Board.

It is hereby ordered that ye Said John Lillington have power and authority to resurvey Such Lands as he has already survey'd & make returne of ye Same to ye Sectys Office and that he be then Impowered to demand & receive his usuall ffees for ye Same—

It is ordered by this Board that Capt Wm Vaughan be sent down to Sandy banks wth nine White men more undr his Comand to wait ye Comeing Pagett and ye rest of ye Indyans in order to Consert Measures for agenll peace pursuant to their former promises and that Twenty bushlls Indyan Corne be sent down wth him for their support as also for ye support of ye people already there and that Capt Vaughan doe take down wth him ffisher ye Indyan from ye Poteskeyt Toune

Complaint being made to this Board by Wm Bell Treasurer of the Precinct of Corratuck that Samuell Ballanne Wm Ballanne Robert Smyth Andrew Mcfurson Danll Mcfurson all of ye afsd precinct of Corratuck have and still doth utterly refuse to pay unto ye Said Treasuror their publick Levy's and other publick dues or to pay any obediance to this Governmt

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Wherefore it is hereby ordered that ye provost Marshll of ye County of Albemarle or his Deputy doe take them ye Said Samll Ballaine Wm Ballaine Robt Smyth Andrew Mcfurson & Danll Mcfurson into his Custody and them hold till they give good Security to appeare at ye next Genll Court to Answer ye sd Contempt

It appeareing to this Board that Coll Edwd Moseley hath in his Custody divers depositions by him taken on behalfe and by order of this Governmnt and other papers relateing to ye boundarys between us and Verga being formerly one of ye Comissioners on behalfe of ye Lords proptrs for Setleing and Assertaineing the Said Boundary's and also that he ye Said Moseley never yett delivered to this Governmt any Coppy's of his Journalls & proceedings in Discharge of that Commission

Wherefore it is ordered by this board that ye Said Coll Edwd Moseley doe forthwth deliver to ye Honble Charles Eden Esqr Govr &c all such papers and depositions as he hath relateing to ye Said boundarys as afsd and also true copy of his Said Journlls & proceedings in ye Executions of ye afsd Comission that a true state of ye mater may be knowne & this board be enabled to lay a true acct thereof before ye Lds proptrs