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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, 1722 - April 05, 1722
Volume 02, Pages 450-457

[Council Journal.]


North Carolina—ss.
At a council held at Edenton the 4th day of April Anno Domi 1722

Present The Honble Thomas Pollock Esqr President &c
William Reed Esqr Lds proprs Deputy
Richd Sanderson Esqr Lds proprs Deputy
Christophr Gale Esqr Lds proprs Deputy
John Lovick Esqr Lds proprs Deputy

Read the Petition of Coll Maurice Moor and Mr John Porter attorney to John Walker Admr of the Estate of Ebenezr Taylor Clerk Deced in the words Vizt that the sd Ebenezar Taylor being possessed of a very valuable Estate Consisting in Goods and Money of this Government to

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the value of divers hundreds of pounds And in the Course of his Mission Travelling by water from Bath Towne to Coor sound he fell Sick & Dyed and not without Suspicion of some foule practices of one Daniel Mack Daniel & others who Transported him upon whose Death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the sd Ebenr Taylor confederating with one Robert Atkins (as is supposed) Embezzled or stole most of the money at least Two hundred and Ninty pounds whereupon process being Issued against the sd Mack Daniel and Atkins who were attached to answer Felony who thereupon deposited in the hand of the late Chief Justice the aforsd sum of Two hundred and Ninty pounds that was stolen from the sd Ebenr Taylors Estate and the sd money stil remaining in the hand of the late Chief Justice as forfiet praying that the Equity the sd John Walker hath unto the said money may be considered of And that such an order may be granted them as that the sd late Chief Justice may deliver the sd money to him that so he may be Enabled to pay the Debts of the Dec̄ed &c

Ordered That Coll Frederick Jones late Chief Justice have notice hereof and that he attend this Board at Mr Badhams house at Edenton to morrow by Ten a Clock in the forenoon either in person or by his attorney to Shew Cause why the sd money should not be delivered as prayed for

Read the Petition of Jobn Walker shewing That whereas by an act of Assembly It is Enacted that if any person Seized of Lands in fee simple happen to Dye without heirs or makeing any Disposition thereof by will &c whereby the said Lands Escheat they shall be granted after the manner set forth in the sd Act under Colour of which act one Robert Hicks of Chowan purchased a patent for one hundred acres of Land lying near Kendricks Creek in Chowan aforsd Suggesting that one John Burnet dyed thereof seized in ffee and accordingly on the 12th of June last obtained an Inquisition to be found and returned Viz (That the said John Bernet dyed without heirs or disposing of the sd Lands) in order that the said Robert Hicks might obtain a grant thereof by an Escheat Patent according to the said act and setting forth that the Petitioner was then in actual possession of the sd Land by virtue of a patent Lawfully obtained and that the ffee & sole Right thereof was at the time of the sd inquisition & before in the sd Petn praying that a patent may not be granted to the sd Hicks upon the inquisition aforsd and that the Escheat may be declared Viod & Null and he likewise further showeth That if the Land doth Lawfully Escheat the Petr at the time of the inquisition being in possession thereof he (according to the sd act) paying the Composition

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aught to have the same &c which having been duly considered of, this Board is of Opinion That by the Death of John Burnet who dying without heirs or making any disposition of the sd Lands mentioned in the Petition the sd Lands did instandly revert to the Lords proprs and they having granted a patent to the petr before the Office of Escheat was found that the said Escheat is Null and Void and of non Effect

It is therefore Ordered That the Secty forbear making a patent on the Esheat mentioned in the Petition

Read the Petition of Thomas Boyd Shewing That he payd the purchase money of some Land lying in Bath County since which the said Petr has reason to believe that one Robert Campaine has Surreptitiously obtained a reciept from Mr Patrick Maule the Deputy Recr and antidated the time of it being writ and praying that no patent may Issue for sd Land untill he's heard thereto & that he may have Summons granted for such Evidences as will prove the same &c

Ordered that Summon's may be granted as prayed for

Read the Petition of William Gray Shewing that one Adolphus Henson Obtained in March 1717 a Patent for 450 Acres of Land lying at the Banks which is become Lapsable for want of due seating and planting thereon praying that he may have a Lapse patent for the same

Ordered that a patent be granted as prayed for

Read the Petition of James Bull shewing that that one Henry Hayman patented a Small Island lying in pasquotanck about Twelve years agoe known by the name of Hayman's Island wch is not seated and planted thereon as the Law directs and praying he may have Lapse patent for the same

Ordered That a patent may Issue as pray'd for

Read the Petition of Thomas West Shewing That Valentine & William Braswil obtained patents for 640 acres of Land lying at Urah Swamp wch is become Lapsable for want of seating and planting thereon praying that a Lapse patent may be granted him for the same

Ordered That a patent Issue as prayed for

Read the Petition of Daniel Mackfashion and Thomas Lewis Shewing that one Edward Jones about ffour years agoe obtained a patent for 400 Acres of Land lying in pasquotank which not being seated and planted according to Law they prays that they may have a Lapse patent for the same

Ordered That a patent do Issue as prayed as prayed for

Read the Petition of Samuel Spruel Shewing that James Singleton in the year 1716 obtained a patent for 93 Acres of Land lying Scooperlong

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wch the sd Singleton has not seated according to Law therefor prays that he may have a Lapse patent for the said Land

Ordered that a pattent be issued as prayed for

Read the Petition Thomas Brown shewing That his ffather Dr Samuel Brown obtained and has a patent for 330 Acres of Land lying in Chowan in the year 1717 but not having seated the same as the Law directs prays that he may have a Lapse patent for sd Land

Ordered that a patent Issue as prayed for

Read the Petition Samuel Brown shewing that Thomas Brown obtained a patent for 640 Acres of Land lying in Chowan in the year 1717 which is become Lapsable for want of due seating and planting the same Therefore prays that he may have a Lapse patent for the said Land

Ordered That a Patent Issue in the said Saml Browns Name as prayed for

Read the Petition of James Boon Shewing that in March 1718 one John Hamilton obtained a patent for 360 acres of Land lying over Cattawitoke Perkosin called the Oak Ridge wch said Land not being seated as the Law directs is become Lapsable wherefore he prays that a Lapse patent may be granted him

Ordered that a patent Issue as prayed for

Read the Petition of Jeremiah Everton Shewing that Stephen Richardson in the year 1716 Obtained a patent for 250 Acres of Land lying in pasquotank which for want of Seating as the Law directs is become Lapsable therefore prays a Lapse patent may be granted him

Ordered that a patent Issue as prayed for

Read the Petition of William Maderen shewing That Thomas Abington in the year 1704 obtained a patent for 445 Acres of Land lying in Pasquotank precinct which he not seating and planting thereon as the Law directs is become Lapsable and therefore prays a Lapse patent may be granted him

Ordered That a patent Issue for the sd Maderen as prayd for.

Read the petition of John Hinton Shewing that in the year 1716 John Odam obtained a patent for 350 Acres of Land lying on Bennets Creek and for want of due seating and planting the same as the Law directs it is become Lapsable

Ordered that a patent Issue as prayed for

Read the Petition of Edward Scott shewing that in the year 1714 James Pritchard obtained a patent for 290 Acres of Land lying in Pasquotank lying in Robbs Creek for want of being seated & planted thereon prays that Lapse patent may be granted him

Ordered that a Lapse pattent Issue as prayed for

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The Honble Thomas Pollock having been Elected President of the Council &c and as such representing his Excellcy the palatin at this Board and signifying that he was willing to resign the Deputation as Deputy to his Grace the Duke of Beaufort. This Board Unanimously Chose Thomas Pollock Junr Esqr to act as Deputy in the room of the Honble the president till his Grace the Duke of Beaufort pleasure be known who being duly qualifyed took his place at the Board accordingly

An Instrument from the Lords Proprietors Constituting and appointing the Town of Beaufort a port for the unloading and discharging Vessells &c was read and allowed of

Ordered That the same be recorded in the Sectys Office.

John Lovick Esqr produced to this Board a Comission from his Excellcy the palatin and the rest of the true and Absolute Lords proprs appointing him secretary of this province which being read and allowed of and the sd Lovick duly qualifyed Ordered that the Commission be recorded in the Council Journal

Read the Petition of Thomas Williamson shewing that John Hardy about nine years past obtained a patent for a parcel of Land lying near Cashoke which was lapsed from John Bird which land the said Hardy has not seated and planted according to the Tenor of the patent praying that a Lapse patent may be granted him for the same and Thomas Hardy Junr Exr to the said Hardy appearing and alleadging that the said Land was Legally seated and planted

Ordered that the Surveyor General and Mr Lawrence Sarson be appointed to view the sd land and that they make report thereof to this Board at the next sitting

Read the Lible of Jame Tooke Scott Thomas Scot Mary Scot Eliza Sarah Icot minors producing by their next friend John Scot, their Father against Thomas Commander & Wm Effingham Exrs of the last will and Testament of James Took Complaining Sheweth That whereas the said James Took late of Pasquotank on or about the month of March 1720 dyed having made a will and appointing the said Thomas Commander and William Effingham Exectrs who accepting thereof Caused the said will to be proved and obtained Letters Testamentory thereon and your Complaints say that the said James Took in and by the said last will and Testamt inter alia did give and Bequeath divers legacys to your Complts particularly to the sd James Tooke Scot Two Negroes between sixteen years of Age and Twenty and one young horse about ffive years old and to the said Thomas Scott Two Negroes of about sixteen and Twenty years of age and also a young horse of about Five years of age and to

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the said Mary Scott Eliza Scott and Sarah Scott each of them a young Negro about sixteen years old as your Complts are ready to make appear yet nevertheless the said legacys given as aforsd to your Complaints They the sd Thomas Commander and William Effingham Execrs as aforesaid altho often desired refuse to deliver the Complts pray remidy therein and that the said Thomas Commander and William Effingham the sd Exrs may be compelled to deliver your Complts their several Legacys aforsd and also pay them all such reasonable Costs and Damage by them Expounded and sustained by being forced to this their suit and that your Honr will be pleased to grant a Citation directed to the sd Thomas Command and William Efferingham Execrs aforsd thereby Commanding them to appear in Council at such time and place as the Govr shall appoint to answer the premises and to abide and stand by such orders decree and sentance as in Council shall be made thereon

And Daniel Richardson Esqr Advocate for the Deft laid before this Board the following protest in these words (Vizt)

The protest of Thomas Commander one of the Deft to the pretended Libel of James Took Scott Thomas Scott Mary Scott and Elizabeth Scott and Sarah Scott by John Scott their Father

The sd Defendant by protestation not confessing or acknowledging all or any the matters or things in the said pretended Libell contained to be true in such maner and form as therein are sett forth and Charged against this Deft ffor answer to so much thereof as he is compellable to make saith that the Complainants being minors and thereby not in a capacity to stand in Judgment ought to have had a Curator or Curators assigned them by this Court in such manner and forme as near as can be as the Laws and practice of the Exclesiastical Court prescribes and directs before. they would obtain a Citac̄on from the Court otherwise the said Citation is Void and of none Effect and that till such Curator be appointed and he has duly and legally Commenced Suite as Curator or Curators to the Minors agt the Deft he is not any wayes Compellable to pay the Legacys nor indeed ought he so to do but saith he is ready to perform & fullfill the said James Tooks will as farr forth as he is able and be safe in it and when in a Lawfull and regular manner he shall be required and Comanded thereunto all which matters and things this Deft is and will be ready to aver and prove and thereupon this Deft humbly asketh the opinion and Judgment of this Honble Board and prays to be dismist with his reasonable Costs and Charges in this behalf most wrongfully sustained

And the matter being heard on both sides

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It is Ordered by this Board that John Scott the Father with three Minors that are upward of seven years of Age attend this Board at their next sitting and that such Judgement may be made thereon as is just & right

Read the Libel of Thomas Armour against John Armour the Deft failing in his appearance

Ordered that he appear at the next Board otherwise Judgement will be given according to the Rules

Read the Libel of John Solly Admr of the Goods and Chattles of David Jones deced against Mary Jones and others and the Defts failing in their appearance

Ordered That they appear at the next Board otherwise Judgment will be given according to the Rules

Adjourned to Thursday next

Thursday morning this Council met according adjournmt

Present as before

Coll Frederick Jones having been ordered to attend this Board upon the petition of Maurice Moor and John Porter &c this day and the sd Jones not appearing nor sending any satisfactory message

It is the opinion of this Board that the moneys lodged in the hands of the sd Coll Jones, late Cheif Justice as a pledge for the appearance of Robt Atkins and Daniel Mack Daniel at the General Court ought to have been delivered to the present Chief Justice with the General Court papers and records And thereupon It is Ordered that the sd Coll Frederick Jones do imediately pay to Christopher Gales Esqr Chief Justice or his order whatever money he has in his hands as aforsd for the appearance of the aforsd Robt Atkins and Daniel Mack Daniel and for his so doing this shall be his sufficient warrant and in case of failure hereof The Attorney Genll is hereby ordered to take proper measures for the recovery of the same

Tom Blount King of the Tuskararo Nation in behalf of himself and Nation having presented a Petition to this Board shewing the difficulty they labour under by the Encrouchments of the English upon their settlements Earnestly begging this Board to ascertain his Bounds on Morratock to prevent future Contests

Ordered the survey Genl and Coll Robert West at some convenient time repair to Blounts Town and that they lay out the Bounds pursuant to the agreement made with Blount in May 1719 and that Mr Charleton the interpreter do attend them so that they have the matter settled to lay before this Board at their next meeting

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And it is further ordered that for their trouble and Expence in this Affair (if the Assembly do not allow them their Claim for the service) that they shall have an order from this Board to the Receiver to defray the same

By order
J LOVICK Secty