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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
December 30, 1718 - December 31, 1718
Volume 02, Pages 321-324

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[Council Journal.]


30 Dec 1718

North Carolina ss
At a Council held at the house of Mr Chief Justice Jones's December 30th 1718
Present the Honble Charles Eden Esq Governor Captain General &c
Thomas Pollock Esqr Lds propts Deputy
ffra ffoster Esqr Lds propts Deputy
ffred Jones Esqr Lds propts Deputy
Richd Sanderson Esqr Lds propts Deputy

Mr Maurice Moore and Mr Edward Moseley on the 27th day of December last having been comitted to the Custoday of the Provost Marshal for illegally possessing themselves of the Sectys Office the Journals at the Council and several other papers Relateing to the goverment lodged at Sandy Point the Dwelling house of Capt John Lovick Deputy Secty and the Honble the Governor haveing called this Board upon the same and laid before them his reasons for so doeing

It is the Opinion of this Board that the sd Moseley and Moore are guilty of high Crime, and misdeameaners being not only tending to the manifest Injury of the people and Subverting the quiet of the goverment but a high contempt and dishonor of the Supreme authority thereof in entring into the Offices Aforsd and detaining near twenty four hours the records papers and Journals aforsd and that the Governor has Justly and warrantably committed them for such their crimes and being further informed that after the committment of the said Moore and Mosely they used several dangerous and seditious speeches and expressions endeavouring thereby to raise Sedition and disturbance in the Goverment

Wherefore its hereby ordered that Mr John Lovick Deputy Secty Mr John Blount and Mr Thomas West be Examined upon Oath and their Depositions taken relateing to the premises aforsd which were accordingly taken

Then the Board adjourned until to morrow morneing early

Wednesday Morneing this Board met againe present ye same

This Board haveing taken the depossitions of several persons and duly considered the Act intitled an an Act for the better and more Effectual preserving the Kings Peace and Establishing a good and lasting foundation of Government in North Carolina they are of opinion that Mr Edward Moseley is guilty of a breach of that Law where upon it is

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Ordered that the sd Edward Moseley do stand further Committed as well for the same as also for the charge High Crimes and Misdemeanors for which he is now in Custody and further that the afsd Maurice Moore do likewise further stand commited for the several Charges of High Crimes and Misdemeanors he is now also in Custody until next General Court held in March next unless they the sd Edward Moseley and Maurice Moore shall in the meane time demand and give good and sufficient bail to Richard Sanderson Esqr in the sum of Two Thousand pounds each to answer the causes they allready stand Committed for, and the sd Moseley in the further sum of one thousand pounds to answer the breach of the aforsd Lawe and also for their appearance the first day of the sd Court and in the meanwhile to be of their good behaviour and that the Atturney General be ordered to prosecute them for their offences

Ordered that the Secty prepare a proclamation for the better preserving Kings peace and for the observing the penal Laws and that it be published as soon as possible

Whereas the Honble the governor haveing laid before this Board a Narative of his proceedings about the Surender of Thache and his Crew to him and of Some disorders committed by them while at Bath Towne and By what means they were quieted together with the manner of his clearing out for the Island of St Thomas and his returne to Bath Towne the second time with his bringing into this Governmt as he pretended a Wreck laaden with sugars with a full accout of his behaviour till the Sloops of Warr from Verginia attacked and killed him at Ocacok Inlet as also the steps taken by the Governor of Virginia and Capt Ellis Brand (Comander in Chief of both the afsd Sloops) since Thaches Death with their demands as to the people that had surrendered themselves to this Government and their Effects and the conclusion that he came to thereupon And the Governor haveing further informed the Board that on the 27th day of December last he had information that Mr Maurice Moore and Mr Edward Moseley took into their possession the Records of the Govermt and possessed themselves of all his owne papers keeping him out of his owne Lodging roome and barring the Secty from his office upon which he committed them both to the provost Marshall and their being a full accompt upon Oath of their Impudent behaviour since and Threatning speeches.

Ordered that the Secty prepare an address to the Lds proptrs upon the subject and as soone as finished that the Deputy Secty attend the members of this Board with it for their approbation and signeing

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Whereas this Board having considered that the time of Collection drawing very neare and that after the 25th of March a much greater sum of the publick money will be ready to be sunke have deffered the calling of the Assembly to the Consideration of the next Board

Upon Motition Coll Thomas Pollock praying a writt of Escheat for all the Lands that Coll William Wilkenson died seized of and all the Lands of Ester Wilkenson who afterward Married the sd Coll Thomas Pollock.

Ordered that the same be granted.

Whereas it hath been by long experience found by the frequent and Necessitous meeting and Calling the Council together that the same is very expensive as well as burthensome to them by not only neglecting their own private business but also by their Travelling so farr distant from their owne habitations as most of them must and the trouble they are forced and compelled to Create to some one or other of them in entertaining the rest of them and their servants many times several days together wherefore the Honble the Governor by and with the advice and Consent of this Board have well Considered the same and in order to Redress the afsd inconveniencys and that each of the Council may with more cheerfulness and readyness Attend the meetings afsd they have thought it very reasonable that the expences of the meeting of the Council should be for the future borne & defrayed out of the Lds proptr Revenues and thereupon have ordered their Lds Receiver General to pay and defray the same according to an article in his Instructions for doing all such matters as the Governor and Council shall think reasonable

Upon Petition of Richd Sanderson Esqr Son and Heir of Richd Sanderson Esqr praying that Estate whereof his sd Father Dec̄'d Died possessed might be and remain in his possession untill the Controversy about proving his late Father will be determined

It is Ordered that Coll William Reed Mr Thomas Taylor and William Bell of Couratuck or any one of them in Conjunction with the above named Richard Sanderson doe take into their care and possession the sd Estate and make a true Inventory thereof he having given security before this Board for his returning the sd Estate or so much thereof as shall hereafter appeare to be due and of right belonging to Mr Thomas Swan they giving notice of the time of the Inventorying the same to the sd Mr Swan that he may be then there if he thinks fitt

It being represented to this Board that the Surveyors of this Province by their not perticularly mentioning in their returns where the Land returned by them lyes is of great prejudice not only to the people but

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also to Lds propers wherefore its ordered that hereafter all returns shall be very full and particular as to the Scituation of the Land and the Secty and his Deputy are hereby ordered not to make out pattents for any Land unless such returns are very full and Intelligeable

Ordered that the secretary and the surveyor General by the Sitting of the next Council bring in and lay before this Board all the Blank Warrants for Land that either of them may have in their keeping or possession without fail

Ordered that it be a standing rule for the future that the Minutes of the Council be signed by this Boad allways before their breaking up

Ordered that the Secretary prepare a Letter to be sent to the Lords Proptrs for the Recomending ffred Jones Esqr to be Chief Justice of this province

CHARLES EDEN
THOS POLLOCK
FFRA FFOSTER
FFRED JONES
RICHd SANDERSON

Coll William Reed comeing in after this Board broke up and Two of the member gone the whole affaires of this Council was Communicated to him by the Governor Coll Thos Pollock and Mr Chief Justice Jones and haveing thouroly examined the same and agreed to all the proceedings has hereunto Set his name

WILL REED