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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 02, 1723 - August 03, 1723
Volume 02, Pages 491-496

[Council Journal.]


North Carolina—ss.
At a council held at Edenton the 2d day of August Anno Dom 1723

Present
The Honoble William Reed Esqr Presidt &c
Chris Gale Esqr Lds Proprs Depty
Richard Sanderson Esqr Lds Proprs Depty
John Lovick Esqr Lds Proprs Depty
Thos Pollock Esqr Lds Proprs Depty

Robert Cartwright appearing upon referance from last Board and produced William Norris and John Martin who being duly sworn say That the Land in dispute was seated by the said Cartwright many years before

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the lapse patent was obtained by Capt Benjamin West dec̄ed and the sd Cartwright dwelt thereon in a good Habitable House that there was near Twenty acres of the said Land Cleared and Tended

Whereupon this Board having considered the premises are of Opinion That the Lapse patent granted to the said Benjamin West was Surreptitiously obtained and Do order That the same be Null and Void to all Intent and purposes as if the same had not been granted

Read the Petition of Robert Lowrey which was referred till next Board

Read the Petition of Thomas Worsley shewing that about five year agoe Survey was made of a Certain Tract of Land lying in Beaufort precinct near Broad Creek joyning on the Deep run for and in the name of Thomas Harding of whom your Petitioner hath since procured an assignment of the same survey ready to be produced but by mistake the bounds of the adjourning Lands the same takes into it a great part of Land belonging to Thomas Boyd Who hath entered a Caveat in the Sectys Office agt a patent coming out on the sd Survey praying a resurvey in the sd Petitrs name on the same Land Exclusive of the said Boyds Land. Whereupon this Board having Considered the premiss has Ordered That the Surveyr General or his Deputy do make a resurvey on the said Land Exclusive as aforsaid as soon as may be at the Cost and charge of the Petitr and that he return the same into the Sectys Office by the sitting of this Board in October next.

Read the Petition of John Moulton Junr Shewing That Stephen Howard in the year 1717 obtained a patent for six hundred acres of Land lying in precinct which not being Cultivated as ye Law directs praying a Lapse patent may be granted him for the same

Ordered that a patent Issue as prayed for

Adjourned till tomorrow morning ten of the Clock

August the 3d this Board met according to adjournment

Present as before

Read the Petition of John Porter Gent Admr of the Estate of the Reverend Ebernezer Taylor Clerk dec̄ed with the Will annexed shewing that the said Ebnezer Taylor being possessed of a very valuable Estate consisting of Goods and money of this Government to the value of divers hundreds of pounds and in the course of his mission Travelling by water from Bath Towne to Core sound he fell sick and Dyed and not without some suspition of foule practices of Daniel Mack Daniel and others who Transported him Upon whose death the said Daniel Mack Daniel being in possession of the Goods and Money belonging to the said

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Ebenezer Taylor confederating with one Robt Atkins (as is Supposed) embezelled or Stole most of the Money at least Two hundred and Ninty pound Whereupon process being Issued against them the sd Mack Daniel and Atkins and were Attached to answer the said felony and thereupon deposited in the hands of the late Chief Justice Jones the sum of Two Hundred and ninty pound for the securing the appearance of the sd Atkins to answer the felony aforsd and the sum becoming forfeit for want of the said Atkins appearance the same was afterwards paid into the hands of the present Chief Justice Christopher Gale Esqr by the Exrs of Frederick Jones Esqr late Chief Justice pursuant to an order of Council bearing date the fourth day of April Anno Dom 1722 in whose hands that same sum of Two hundred and Ninety pounds still remains praying That the right which he hath (in his Capacity aforesaid) unto the said money may be considered of and that such an order may be granted thereon that the same moneys now remaining in the said Cheif Justices hands may be paid unto him that he may thereby be enabled to preform the will of the dec̄ed or that such further orders may be taken concerning the same as shall be Agreeable to Justice

And this Board desiring the opinion of Daniel Richardson Esqr Recr General whether in case of fines and forfietures it was in the power of this Board to remit or appropriate the same he gave in Answer that According to an Article in his Instructions it was and It plainly appearing to this Board that the prosecution of the said Atkins was principally carryed on to Induce the payment of the said money to be made to the Admrs of the said Taylor and Mr Chief Justice Gale informing the Board that he had acquainted the Lds proprietors that such a sum of money was lodged in his hands and that it was his opinion that the money of right belonged to the Petitr and that he believed an Order of Council would pass from this Board for delivering the money to the said Taylors Adminstr promising their Lordships that he would take security that in case their Ldps should within twelve months Signifye that they were against the money being so disposed that then the persons receiving the same should refund it according to their order.

Whereupon It is hereby Ordered That Mr Chief Justice Gale deliver the said Sum of Two hundred and Ninety pound lodged in his hands as mentioned in the Petition the Petr giving Bond with sufficient Security to him to refund the same agreeable to the assurances he has made to the Lds Proprs

Mary Browne Widow of James Browne having produced her accot to this Board sworn to amounting to seventy three pounds Eleven shillings

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and Two pence which being more than the sum of the Inventory of the said Estate she prays that she may be discharged from any futher accots on the said Estate

Ordered that a Quietus Est be granted as prayed for

Major Thomas Luten motioned That his petition preferred agat Thomas Pollock Esqr last Board might be considered urgint that the said petition did not lye before this Board but was only directed to the President and Comander in Chief upon which the presidt tooke time to Consider of the same till next Council

Read the Petition of James Wimble shewing That in the year 1719 Thomas Blitchenden obtained a patent for six hundred and fforty Acres of Land lying at the head of Scuppernung river which is not Cultivated as the Law directs therefore prays a Lapse patent may be granted him for the said land

Ordered that the prayer of the Petr be granted

Read the Petition of Thomas Brett Shewing that Coll William Maule having obtained a a patent for six hundred and fforty Acres of Land in the year 1714 which not being Cultivated as the Law directs praying a Lapse patent may may Issue in his name for the said Land

Ordered That a Lapse patent Issue in the petr name as prayed for.

Read the petition of John Williams shewing that Martha Williams obtained a patent in ye year 1717 for 560 Acres of Land which is not seated and planted as the Law directs praying to have a Lapse for the same

Ordered that a patent Issue according to the Prayr of the Petr

Read the petition of John Williams shewing that in the year 1717 Stephen Howard obtained a pat. for 600 Acres of Land lying in Bertie precinct which not being Cultivated as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered that a patent Issue in the Petr name according to ye prayr of sd Petn

Read the petition of Simon Jeffries Shewing that William Jones in April 1720 obtained a pat for 212 Acres of Land which is not Cultivated as the Law directs therefore prays a Lapse may be granted him for the same

Ordered that the prayer of the Petitioner be Granted

Read the Petition of William Yates shewing That in the year 1719 a patent of 113 Acres of Land lying in Chowan precinct was granted to John Paget who Not having Cultivated the same as the Law direct therefore prays he may have a patent for the same

Ordered that the prayr of the petr be granted

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Read the petition of Thomas Betterly Shewing That George Bromly in the year 1719 obtained a patent for 190 Acres of Land in Chowan prect which not being seated as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered that ye prayer of ye said petition be granted as prayed for

Read the Petition of Thomas Davis Shewing that Edward Howcot in the year 1717 obtained a patent for 310 Acres of Land lying in Bertie prect which not being seated as the Law directs therefore prays a Lapse patent may be granted him for the said Land &c

Ordered a patent Issue according to the prayr of the said Petition

Read the Petition of James Boone Shewing that Treddell Keef some time agoe obtained a patent for 500 Acres of Land lying in Bertie prect which is not seated as the Law directs praying a Lapse patent for the same may be granted him

Ordered that the prayer of the Petr be granted as prayed for

Read the Petition of Luke Hollowell Shewing that Joseph Jessop in the year 1720 obtained a patent for 400 Acres of Land lying in perquimons precinct which is not Cultivated as the Law direct therefore prays that a Lapse patent may Issue in his name for the same

Ordered That a pattent Issue as prayed for

Read the Petition of John Williams Shewing that That John Cooke in the year 1720 obtained a Patent for a Tract of Land of 312 Acres known by the name of Gilly Cranky lying in Bertie prect which not being Cultivated as the Law directs therefore prays a Lapse Patent may be granted him for the same

Ordered that the prayr of the Petionr be granted as prayed for

Read the Petition of John Williams Shewing that in the year 1719 Aaron Oliver obtained a patent for 640 Acres Land lying in Bertie precinct which not being cultivated as the Law directs prays a Lapse patent may be granted him for the same

Ordered that a patent Issue as prayed for

Read the petition of Daniel Sheen Shewing that Aaron Oliver obtained a patent for 640 Acres of Land which not being cultivated as the Law directs prays a Lapse patent may be granted him for the same

Ordered that a patent Issue as prayed for

Read the petition of William Ludford Shewing that William Howet in the year 1720 obtained a patent for 275 acres of Land lying on the head of Allegator river which is not seated as the Law directs therefore prays a Lapse patent for the same may be granted him

Ordered that a patent Issue as prayed for

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Read the petition of John Peggs Shewing that his Father Joseph Peggs in his life time obtained a patent for 40 acres of Land lying in Pasquotank which is not seated as the Law directs therefore prays that a Lapse patent may be Issued in his name for the same

Ordered that a patent Issue as prayed for

Read the Petition of William Willson Shewing that Conelius Fitzpatrick in the year 1714 obtained a patent for Two hundred and Thirty three Acres lying on the Northeast side of Alligator Creek which not being Seated as the Law directs praying a Lapse patent may Issue in his name for ye sd Lands &c

Ordered That a patent Issue as prayed for

Tom Blount, Chief man of the Tuscarora Indians having represented to this Board that he has certain Intelligence of several of the Northern Indians that design to make him a Visit this fall with an Intent to seduce the young men of his nation from him in order to Comit mischief on him and on the white people begging the assistance of this Governmt That some Englishmen may be sent to his Town to lay them out a ffort to prevent the Dangers threatened from the sd Northern Indians which this Board taking into their serious consideration and finding upon the like Complaint during the administrac̄on of the late Governor assistance was sent to him being agreeable to the treaty with him and his People Do therefore Order that Mr William Charlton have power to procure Six able body'd young men for the service aforesaid and that he forthwith see them at Rasewtokee there to assist the said Indians in laying out and making them a ffort and that the sd William Charlton continue with them as Interpreter for which service the Honoble the Presit is disired to give each of the men so Imployed a Certificate for the time they are upon the said service on the publick for their wages and to Mr Charleton as Interpreter the Secty indorsing upon the order the names of the persons so Imployed

Read the Petition of Thomas Yates Exr of the will of Thomas Bell praying proper persons may be appointed to appraise and divide the Estate of the said Thomas Bell according to his will ordered that Mr John Hobbrook, Michl King Joseph Hudson & Thomas Ashley or any three of them being first sworn do forthwith appraise the said Estate and make divission thereof and deliver the same when so divided to the persons to whom it belongs as given by the sd Bells will and return a Copy of the said appraisment to the Sectys Office as the Law requires

Read the petition of Thos Mathews