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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
April 04, 1720
Volume 02, Pages 377-380

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[Council Journal.]

Att a Council held at the Honble the Governers April the 4th 1720
Present the Honble Charles Eden Esq Captain General & Admiral
Thomas Pollock Esqr. Lds Proptrs Depty
William Reed Esqr. Lds Proptrs Depty
Richard Sanderson Esqr. Lds Proptrs Depty
Frederick Jones Esqr. Lds Proptrs Depty

Read the petition of Edward Mackswine Shewing that Robert Moliones late of this Province Deced by his last will and Testament gave his Lands that he was possessed off after his wife's Decease to his sisters and their Heirs liveing in the Kingdom of Ireland the Petitioner being Eldest son to one of the sisters afsd and Haveing Testimonials thereof ready to be produced he prays that a patent may be granted him for what Lands his Unkle dyed possessed of in North Carolina as Heir agreeable to the act of Assembly of this province no legal patents for the sd Lands haveing yet been granted thereon

And this Board haveing perused the will of the sd Maloines and Examined the Testimonials of the petitioner and finding them to be as set forth in the petition

Ordered that a patent Issue to the sd Mackswine as prayed for pursuant to the act of Assembly in that behalf made,

John Arthers Petition was read Seting forth that he purchased a Tract of Land of James Wolsea Containing Six hundred and thirty Acres lying in Chowan at Spring Branch which Land was Lapsable tho unknowne to the petitioner when he brought the Same for want of Seating and planting therefore prays a Lapse patent may be granted to him for the Same

Ordered that the same be granted

Read the Petition of Abraham Hobbs shewing that Benjaman Roberts in the year 1716 Obtained a patant for one hundred and Sixty six acres of Land lying near Lumerton which is become Lapsable for want of due seating and planting the same praying that a Lapse pattent may be granted him for the sd Land

Ordered that a patent Issue out for the same as prayed

Thomas Pollocks Esqrs Petition was read shewing that Lawrence Sarson haveing obtained patents for Three Tracts of Land Vizt one Tract lying at the head of Ducks Creek Containing four hundred and Eighty eight acres and one lying on the head of Mr Duckingfields land containing

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one hundred and fifty acres and one lying in the fork of Cassia river Containing one hundred and Seaventy five Acres all which Land is become Lapseable for want of due Seating and planting the petitioner therefore prays Lapse patents may be granted to him for the sd Three Tracts of Land

Ordered that the same be granted as prayd for

Upon Petition of James Bell shewing that Edmund Chancy in the year 1714 Obtained a patent for five hundred and fifty three acres of Land lying in pasquotanke river at Knobbs Crook which is become Lapseable for want of due seating and planting praying that a Lapse may be granted to him for the sd Land

Ordered that the same be granted as prayed for

Read the petition of Richard Grey shewing that Elenor Attoway obtained a patent for a Tract of Land lying in perquimons which is become Lapsable for want of seating and planting praying that a Lapse patent may be granted to him for the same

Ordered that a petition Issue as prayed

The Petition of Thomas Penrise was read praying that a Lapse patent may be granted him for one hundred and sixty acres of Land lying in perquimons granted by patent in the year 1704 unto one Francis Pricklove and is become Lapseable for want of due seating and planting

Ordered that the same be granted as prayed for

Read the petition of John Norris Shewing That Wm Jackson ye elder in the year 1696 obtained a patent for one hundred and Sixteen Acres of Land lying in pasquotanke which is become Lapsable for want of due seating and planting praying that a lapse patent may be granted to him for the same

Ordered that the same be granted as prayed for

The Petition of Samuel Northy Junr was read praying that a Lapse patent may be granted to him for one hundred and eighty five acres of Land lying on Little river formerly granted by Patent to his Father and by him Elapsed for want of due seating and planting

Ordered that a patent Isue as prayed for

Read the Petition of Samuel Woodward shewing that William Duckingfield Esqr obtained a patents for Two Tracts of Land lying in Rockahock and Chowan River Containing each —— acres of Land neither of which have been seated and planted as the Lawe directs the petitioner therefor prays that a Lapse patent may be granted him for the Tracts of Land afsd

Ordered that patents Issue to Samuel Woodward as prayed

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Read the Petition of George Durant shewing that he had lately lodged a warrant with rights with Mr James Wineright Depty surveyr for a small Tract of Land after which ye said Wineright tooke a warrant and rights for another person for the sd Land and refused to survey the same for the petitioner

Ordered that Mr James Wineright Deputy surveyor and sd Durant attend the next Board and that in the mean time surveyr forbear laying out the Land in Controversy

Mr Chief Justice Jones haveing made a motion to this Board representing that several persons Inhabitants of this Goverment are Injured and put to very great hardships and Difficulty by reason of Coll Edward Moseley Suspension from pleading he haveing undertaken their business and haveing their papers in his hands

Whereupon this Board unanimously agreed that the sd Moseley might have Liberty to plead and Speake to such matters only as he can make appear to Mr Chief Justice he was actualy retained in before the sentance passed upon him by the General Court held in October 1719

Upon Petition of James Castlebawe Shewing that he obtained a warrant with rights from the Secretarys Office for six hundred and forty Acres of Land bearing date Octo the 28th 1719 and Lodged the same with the Surveyor General and had his Certificate therefore notwithstanding which the surveyr General refuses to make a returne of the survey prentending a prior Entry was with him for the sd Land by one Jonathan Stanley

Ordered that the surveyor General forthwith make a returne of the sd Land for James Castlelawe as the Lawe directs in such Cases unless he can produce to this Board a Warrant with rights of a prior date for the Land afsd Granted to any other person

Capt John Hoyter a Chowan Idien haveing produced to this Board an order from the Honble the Governor directed to James Sitterson requireing him the sd Sitterson to pay to one Willowby an Indian Money due for an Indian Slave bought at Core Sound which order the sd Sitterson not haveing Complied with

Its Ordered that the sd James Sitterson attend this Board at the next Sitting without fail and that Willowby attend likewise

Read the Petition of Coll Edward Moseley shewing that at the greneal Court held in Octr 1719 Judgment was entered that he should pay a fine of one hundred pounds, be incapable of bearing any office or place of Trust in this Goverment for three years and give Bond with sufficient Security in the Sum of Two hundred pounds for his good behaviour a

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year and a day which Judgement was given by ocasion of Certain words Spoken at Sandy Point which were uttered thro inadvertency heat and passion and farr from any such sinister designs as in the Judgement was suggested and when in Truth such words ought not to have been spoken or uttered and for which he is praying that his Sentance might be remitted promiseing for the future to behave himself with the greatest Care and repect Imaginable

Ordered that the Petition lye til the next Sitting of the Council for their further Consideration

Read the Petition of Owen McKdaniel referred to the Next Council

Complaint being made by John Hoyter Chief man of the Chowan Indians that several of the white people are continually intrudeing upon their Land and the same hath never been so determinatly bounded and asscertained pursuant to the grants made to them by the Government

Its therefore ordered by this Board that all the several grants made by the Government be laid before Frederick Jones Esqr and that he determinatly and finaly lay out and Asscertaine the bounds for the sd Indians without any reguard to survey or grants made to any other claimers since the first Grants to those Indians

The Governor haveing laid before this Board several Letters Depositions and papers relateing to Mr Ebenezar Taylor Deced concerning his Death and the disposal of his moneys and goods

Which they haveing duely Considered of are of opinion that foul practices have been used therein and Doe therefore desire and order that Mr Chief Justice Jones make a very strict enquirey into that matter that the Offenders may be brought to speady Justice

By Order
J LOVICK Secty