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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
November 10, 1719 - November 14, 1719
Volume 02, Pages 351-357

[Council Journal.]


At a council held at the Towne in Matecomack Creek on Tuesday the 10th of November 1719

Present the Honble Charles Eden Esqr Governor
Thos Pollock Esqr Lds proptrs Deputy
William Reed Esqr Lds proptrs Deputy
Fred Jones Esqr Lds proptrs Deputy
Rich Sanderson Esqr Lds proptrs Deputy

The Honble the Governor haveing put the Question whether Mr Edward Moseley should have Liberty to speak of any matters now lying before the Council that he was concerned in as an atturney before the sentance passed upon him by the General Court

Resolved that he may speak to such matters in Council only and to no others in any Court of this Government til the time limited in the sentance is Expired

-------------------- page 352 --------------------

The Petition of Thomas Swan was read praying that Richard Sanderson a member of this Board might be cited to appear the next Council and produce to the Board all Will that he may have by him made by the sd Sandersons late Father Richard Sanderson Esqr that the Petitioner might have Letters thereon in behalfe of his wife Deced who was widdowe to the aforsd Richard Sanderson Deced. which appearing to this Board to be only Troublesome and vexatious

Ordered that the same be rejected

Read the Petition of Thomas West Shewing that William Redit obtained a pattent about four years since for a Tract of Land lying on Moratuck which is not seated and planted as the Lawe requires praying a Lapse patent might be granted him for the same

Ordered that the same be granted as prayed for

Read the Petition of Joseph Sanders praying that a Lapse Patent might be granted him for three hundred acres of Land formerly granted to Henry Gibson and by him Elapsed for not Seateing and planting the same

Ordered that the same be granted as prayd for

The Petition of Henry Lisle was read Shewing that he purchased a Tract of Land of Richard Lewis containing Two hundred and Seaventy acres which Land being Lapsable for want of Seating and planting the petitioner prays a Lapse patent for the same be granted him

Ordered that the same be granted as pray'd

Read the petition of Ann Willson Shewing that her late husband purchased of John Early a Tract of Land containing five hundred Acres lying in Chinkapin Neck which Land being Lapsable for want of due seating and planting the petition prays a Lapse patent for the same.

Whereupon this Board made an enquiry whether the sd Willson Dec̄d left no Children and being Satisfied that there was both Sons and Daughters

Ordered that the same be granted to Willsons Heirs

The Petition of John Heringtons being read praying that a lapse patent might be granted to him for Two hundred and thirty Acres of Land lying on the south shore of Chowan formerly Granted to Richard Swinson and by him Elapsed for want of due Seating and planting the same

Ordered that the same be granted as prayed

Read the Petition of John Nixon Shewing that his Father Lackey Nixon formerly obtained a patent for one hundred and Ten Acres of land lying in Pasquotanke is not seated and planted as the Lawe directs praying that a Lapse patent may be granted to him for the same

Ordered that the same be granted as prayed

-------------------- page 353 --------------------

Read the Petition of Samuel Charles Granted

Read the Petition of William Haughton and the Petition of Patience Spiller and Constanie Williamson both refered to the next Council

Read the petition of Samuel Phelps and Joseph Oats and the Secretary informeing this Board that there never had been a patent for the Land in Controversy Issued in Bogues name and it appearing that Samuel Phelps had purchased the same

Its therefore ordered that a patent Issue for the sd Land in the name of Samuel Phelps

Read the Petition of Jane Sparnon praying that Letters of Administration might be granted her on the Estate of her husband Josph Sparnon Deced with the Will Annexed no Executor being appointed thereto

Ordered that the same be granted as prayed for

Read the Petition of Thomas Henman praying that a lapse patent might be granted to him for three hundred Acres of Land lying in Chowan precinct formerly Granted to Thomas Bray and by him Elapsed for want of due seating and planting

Ordered that a patent Isseu as pray'd for

The Petition of William Mitchell was read praying that a Lapse patent might be granted to him for four hundred and forty acres of Land lying at Welishes Creek formerly belonging to Mr Edward Mosely but this Board being informed by the Secretary that the sd Land was already granted to William Fryley

Ordered that the same be rejected

John Hobbs's Petition was read seting forth that Mr John Norris Deputys Surveyr formerly surveyed a Tract of Land for one Burnham Conteyning four hundred Acres and that about 4 years afterwards the petitioner by the advice of the sd Norris bought the survey of the sd Burnham and intrusted the whole matter to him ye sd Surveyor who drew a deed of sale for the same which he hath ready to produce and the sd Norris being likewise Implied to get a patent for your petitioner on the sd Deed did after some time procure one for the petitioner but the Courses in the patent and the returne of the survey being defferent from the courses in the Deed afore mentioned the Petitioner by the neglect aforsd is a very great Sufferer haveing nothing but swamp and not near the Quantity of that which the patent mentions as the Courses in that are set down so that unless releaved by this Board by the foul practices of the sd Norris the Petitioners are likely to lose his Land therefore humbly prays your Honours would order the sd Norris to attend and give an accompt how he came to make a returne of Land where there was none

-------------------- page 354 --------------------
and that he may produce his book of surveys that the Petitioner may discover whether that be agreeable to the returne in the Secretarys Office

Ordered that the sd John Norris attend the Boards next Sitting and bring with him his Feild Book of surveys

Robert Hicks Petition was read praying that a Lapse pattent might be granted to him for Two Tracts of Land lying at a Hostky formerly Granted to William Folke and by him Elapsed for want of Seating and planting according to the Tener of the sd patents

Ordered that patents Issue as pray'd for

Read the Petition of Robert Hicks praying that a Lapse patent might be granted to him for five hundred Acres of Land granted by patent to Tredle Keef lying in Chowan Precinct and by Keef Elapsed for not Seating and planting according to the Tener of the patent

Ordered that the same be granted as pray'd for

Read the Petition of Robert Hicks seting forth that six hundred and forty Acres of Land lying in Chowan precinct hath been formerly granted by patent to James Turner which is not Seated and planted as the Lawe requires praying that a lapse patent may be granted to the Petitioner for the same

Ordered that a patent Issue for the same as prayed for

Moses Eliots Petition was read Shewing that his Father Thomas Eliot obtained a patent for one hundred and Sixty acres of Land lying in perquimons which is not seated and planted as the Lawe directs and therefore prays a Lapse patent may be granted him for the same,

Ordered that the same be granted

Read the Petition of John Lovick Esqr praying that a Lapse patent may be granted him for a Tract of Land containing three hundred and eighty-five Acres formerly granted by patent to Mr Henry Clayton and by him Elapse for want of one seating and planting

Ordered that the same be granted

The Petition of Richard Bathelor was prefered Shewing that William Daws formerly took up eighty five acres of Land lying at Scupernung which is not Seated and planted as the Lawe requires praying that a Lapse patent may be granted to him for the same

Ordered that a patent Issue as prayed

James Betts's Petition was read praying that one hundred Acres of Land that formerly was granted to Robert Walace of Pasquotanke and not Seated and planted as the Lawe requires might be granted to the petitioner

Ordered that the same be granted

-------------------- page 355 --------------------

Read the Petition of John Bell Shewing that Joseph Sparnon took up & Patented a Tract of Land lying in Pasquotanke Containing                      acres which is not Seated and planted as the Lawe requires the petitioner therefore prays a Lapse patent may be granted to him for the Same

Ordered that a pattent Issue as prayed for

John Kings Petition was read praying that a Lapse Patent may be granted to him for Ninety nine acres of Land lying at Bennet Creek being Elapsed by John Walters to whome a patent was granted for want of due Seating and planting

Ordered that the same be granted

Read the Petition of Thomas Roberts shewing that John Pettiver patented a Tract of Land lying in Chowan Precinct Containing about six hundred acres Joining on Timothy Taylors which is not seated and Planted as the Lawe requires praying that a Lapse patent may be granted to him for the same

Ordered that a patent Issue as prayd for

Read the Petition of William Fryley Junr shewing that about four years agoe his Father William Fryley Obtained a patent for three hundred acres of Land called Roses which is not seated and Planted according to the Tener of the sd patent the petitioner therefore prays a Lapse patent may be granted to him for the same

Ordered that the same be granted

Jonathan Sherwoods petition was read Shewing that in the year 1716 James Sitterson obtained patent for sixty one Acres of Land which is not seated and planted as the Law requires praying that a Lapse patent may be granted him for the same

Ordered that the same be granted

Read the Petition of Tredle Keef shewing that Andrew Salsbury in the year 1716 Obtained a patent for ninety Acres of Land lying on Winacone Creek which is not seated and planted as the Law requires praying that a lapse pattent may be granted to him for the same

Ordered that a patent Issue as prayed for

Read the Petition of Thomas Peirce Seting forth that John Pettiver in the year 1712 Obtained a patent for four hundred acres of Land lying at the head of Bentleys Creek which is not seated and planted according to the Tener of the sd patent praying that a lapse patent may be granted for the Same

Ordered that the same be granted as prayed for

-------------------- page 356 --------------------

David Sherwoods petition was read praying that a lapse patent may be granted him for a Tract of Land lying in Perquimons formerly granted to John Pettiver and by him Elapsed for want of seating and planting

Ordered that the same be granted

Read the Petition of Francis Smith praying that a lapse patent may be granted to him for a Tract of Land lying at yawpim Called petits point formerly granted by patent to John Pettiver and by the sd Pettiver Elapsed for want of seating and planting

Ordered that a patent Issue for the same

Read the Petition of Thomas and John Boyd Shewing that about five years since their Father Coll Thomas Boyd Obtained a patents for three hundred acres of Land lying at Croaton which is not seated and planted according to the Tenor of the patent praying that a Lapse patent may be granted to them for the same

Ordered that the same be granted

Read the Petition of John Porter Shewing that John Swain in the year 1716 obtained a patent for three hundred Acres of Land which is become Lapsed of due seating and planting praying that a Lapse patent may be granted to him for the same

Ordered that a patent Issue for the same

Thomas Lovicks Petition was read shewing that William Duckingfield Esqr Obtained patents for Two Tracts of Land lying on the head of Salmon Creek Containing each six hundred and forty Acres between the Land of John Duckingfields and John Williams which are both become Lapsable for want of due Seating and planting the petitioner therefore prays that a lapse patent may be granted to him for the Same

Ordered that the same be granted

The Petition of Coll William Reed was read shewing that Thomas Sawyer obtained a patent dated in 1711 for eight hundred and Fifty Acres lying in Pasquotanke which is become Lapsable for want of due seating and planting praying a Lapse patent may be granted to him for the Same

Ordered that a patent Issue for the same as prayed

The Secretary heaveing made a motion to this Board desireing their opinion whether such Land as were taken up before the arrival of the order from the Lords proprietors forbiding the sale of their Lands in this province might not be pattented many persons haveing settled such Lands and are ready to pay the purchase money therefor

This Board unanimously agreed that patents may Issue on them provided there be a Clause in all Such patents declareing that the

-------------------- page 357 --------------------
sd Land was taken up before the arrival of the sd order from the Lords proprs

Then this Board adjourned til Saturday next

Saturday November the 14th this Board met again

Present the Honble the Governor
Thos Pollock Esqr Lds Deputy
William Reed Esqr Lds Deputy
Fra Foster Esqr Lds Deputy

Upon motion of Richard Sanderson Esqr praying for Letters of Admtn on his Deced Fathers Estate and Mr Thomas Swan who had entered a Caveat in the Secretary Office against admtn being granted on the Estate til he was first heard being called to make his objections and not appearing to shew why admtn should not be granted as pray'd for

Its Ordered that the sd Richard Sanderson have admtn granted him on the Estate of Richd Sanderson Esqr Deced and the Secretary make out the Letters accordingly

By Order
J LOVICK Secty