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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 07, 1723 - November 21, 1723
Volume 02, Pages 500-507

[Council Journal.]


North Carolina—ss.
At a Council held at Edenton the seventh day of November Anno Dom 1723

Present
The Honoble William Reed Esqr Presidt &c
Chris Gale Esqr Lds Proprs Deputy
Richd Sanderson Esqr Lds Proprs Deputy
John Lovick Esq Esqr Lds Proprs Deputyr Lds Proprs Deputy
Maurice Moore Esqr Lds Proprs Deputy

Upon a Caveat Entered by George Cockburne against Edward Moore Ordered That Mr William Grey Deputy Surveyor attend this Board at their next sitting with the survey made for the sd Edward Moore that such order may pass thereon as is agreeable to Justice

Read the Petition of Thomas Swann Shewing that William Swan Esqr deced sometime in August 1720 obtained a patent for fifty acres of Land lying in North River in Curetuck precinct which is not seated and planted on as the Law directs Therefore prays that he may have a Lapse patent for the same

Ordered that a patent Issue as prayed for

Ordered That the Lapse patent of Nathl Martin do lye till next Board and that —— Minge do then appear otherwise that the patent Issue of Course

Read the Petition of William Seaburn Shewing that Solomon Davis in the year 1714 obtained a patent for 190 Acres of Land lying in Pasquotank which is not seated and planted as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered that a patent Issue for the Land prayed for to ye Petr

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Read the Petition of James Rutland Junr setting forth that James Rutland Senr Sometime agoe obtained a patent for seventy acres of Land in Bertie precinct which is not Cultivated as the Law directs Therefore prays a Lapse patent may be granted him for the sd Land

Ordered That a Patent Issue as prayed for

Read the Petition of Thomas Commander Setting forth that John Jackson obtained a patent for a Tract of Land in pasquotank some time agoe which the said Jackson has not Cultivated as the Law directs And therefore Prays a Lapse patent may be granted him for the sd Land

Ordered that a Lapse patent Issue as prayed for

Read the Petition of Barnaby Mackinne Shewing that one Wm Brown in the year 1713 obtained a patent for 640 Acres of Land lying in Bertie precinct which is not seated and planted thereon as the Law directs

Ordered That a Lapse patent Issue for the Land prayed for to the Petr

Read the Petition of Barnaby Mackinne Setting forth That sometime in the year 1713 one William Brown obtained a Patent for 640 Acres of Land lying in Bertie precinct which in is not Cultivated as the Law directs therefore prays a Lapse patent may Issue in his name for the said Land

Ordered that a Patent Issue in the Petitioners Names as prayed for

Read the Petition of Daniel Garret Shewing that in the year 1717 James Barrow obtained a patent for 300 Acres of Land in Chowan Precinct which is not Cultivated as the Law directs therefore prays a Lapse patent may be granted him for the said Land

Ordered That a patent Issue as prayed for

Read the Petition of John Worley Shewing that in the year 1720 James Hooper obtained a patent for 220 Acres of Land in Chowan precinct which is not Cultivated as the Law directs Therefore prays that a Lapse patent may be granted him for the sd Land &c

Ordered that a patent Issue as prayed for

Read the Petition of John Solly Shewing that some time agoe one James Brown obtained patent for a tract of Land lying in Pasquotank which is not Cultivated as the Law directs therefore prays that a Lapse patent may be granted him for the said Land &c.

Ordered that the said Petition be granted as prayed for

Read the Petition of John Solley setting forth That James Brown obtained a patent for five hundred acres of Land in the year 1719 lying in Pasquotank which is not Cultivated as the Law directs Therefore prays a Lapse patent may be granted him for the sd Land &c

Ordered that a patent Issue as prayed for

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Read the Petition of John Cartwright Setting forth that one John Guilford some time agoe obtained a patent for Two hundred and fifty acres of Land which is not Cultivated as the Law directs Therefore prays a Lapse patent may be granted him for the said Land

Ordered That a Patent Issue as pray'd for

Read the Petition of Nathaniel Martin Shewing that Edmond Chance in the year 1717 obtained a patent for four hundred and odd acres of Land lying in Pasquotank Precinct which said Land is not Cultivated according to Law. Therefore prays a Lapse patent may be Granted him for the said Land &c

Ordered That a Patent Issue as prayed for

Read the Petition of Francis Leydon Shewing that Thomas Pearice in March 1720 obtained a patent for one hundred acres of Land lying in Perquimons precinct which is not Cultivated as the Law directs therefore prays that a Lapse may Issue to him for the sd Land

Ordered That the said Petition be granted as prayed for

Read the Petition of Thomas Snowden Shewing that William White in 1716/17 obtained a patent for Ninty one Acres of Land in Perquimons precinct which is not Cultivated as the Law directs Therefore prays a Lapse patent may be granted to him for the sd Land

Ordered That a patent Issue as prayed for

Read the Petition of John Willowby Shewing that Horrice Willowby in April 1720 obtained a patent for One hundred & Sixty Seven Acres of Land lying in Perquimons Precinct which is not seated and planted thereon as Law directs Therefore prays a Patent may be granted him Accordingly &c

Ordered That a Patent Issue as prayed for

Major Thomas Luton appeared at this Board and prayed that the Honoble the President would give his opinion in answer to his Petition for Letters Testamentary on the Will of Mrs Esther Pollock deced as was promised him last Board To which the President gave the following answer Vizt That he having been formerly in Council when he was a member of it and it being then denyed him he now refuses of himself to grant the same

By Order

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North Carolina—ss.
At a Council held at Edenton the 16th day of November Anno Dom 1723

Present
The Honoble William Reed Esqr Presidt &c
Chris Gale Esqr Lds Proprs Depty
Richd Sanderson Esqr Lds Proprs Depty
John Lovick Esqr Lds Proprs Depty
Mau Moore Esqr Lds Proprs Depty

Edward Moseley Esqr produced to this Board a Commission and Instructions from His Excelly the Palitin and the rest of the True and Absolute Lds proprietors of Carolina appointing him Surveyor General of this Province which was Read allowed of and the several Oathes by Law appointed was duly administered and taken by him for his Qualification

Ordered that the sd Commission and Instructions be Recorded in the Secty-Office

John Dunston Esqr produced a Commission and Instuctions to this Board from his Excelly the Palatin and the rest of the True and absolute Lords proprietors of Carolina appointing him Naval Officer of this Province & Reciever of the Tenths of the Fishery which was read and allowed of and the oaths by Law appointed was duly administered and taken by him for his qualification

Ordered that the sd Commission and Instructions be Recorded in the Secretarys Office

By Order


North Carolina—ss.
At a Council held at Edenton the 21st day of November Anno Dom 1723

Present
The Honoble William Reed Esqr Presedt &c
Chris Gale Esqr Lds proprs Depty
Richd Sanderson Esqr Lds proprs Depty
Tos Pollock Esqr Lds proprs Depty
Mau Moore Esqr Lds proprs Depty

John Lovick Esqrs a Member of this Board now made a motion praying that he might call some Persons to make oath to their knowledge of Governor Edens Making his Will wherein the sd Lovick is appointed Sole Executor that their several Depositions might be kept upon Record in the Council Journals which being allowed of.

Christopher Gale Esqr Chief Justice of this Province appeared and being sworn on the Holy Evangelist—Saith—That some time in the

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winter before the Death of the said Governor Eden at a time when Mr Lovick had expressed some uneasiness for his being confined therefrom his buisness at home he the sd Lovick being then very Ill Governor Eden with some concern told the Deponant that Mr Lovick was the first he ever knew Slight an Estate when it was offered him or words to that Import

And at the same time or some time during the said Govrs last sickness Mr Lovick having signifyed some design of his intending to build he the Governor told this Depont that he wondered Mr Lovick would be in such haste that he should not live long himself and then he would have a house ready furnished or words to that effect

And the Depont further saith that being at Governor Edens when he Dyed Mr Lovick either the same day or some very short time after told this Deponant that the Governor had Charged him in case Mr Lloyd gave him any trouble or refused to give him a General Discharge or words that were to that Effect not to pay one farthing which he understood to be meant of Mrs Pugh's Legacy

And further saith not

C GALE

Then Edward Moseley Esqr Surveyor General of this Provice appeared being Sworn Saith that that on or about the 27th day of February Anno Dom 1721 he had occasion to wait on the late Governor of North Carolina Charles Eden Esqr concerning the proving the Last will and Testament of William Duckingfield Esqr at which time the said Govr was very weak & Languishing but of sound and perfect mind and memory That the said Governor at that time had discourse with him the Dept in Private That among other discourse which the sd Governr had with the Dept he shewed a great sence he had of the Friendship and Assistance he had met with from Mr Lovick and that he told this Deponant he had he hoped made him some amends that he had made his will and therein given the sd Mr Lovick all his Estate except some Legacys and other payments which he believed he might Comply with and have a hansome thing left for himself or words to that purpose.

And further saith not

E MOSELEY

Then William Badham Esqr Magistrate of this Governmt appeared and being duly sworn Saith That Sunday the 24th day of December 1721 he went from home to Governor Edens in Company of Mr Clayton to keep their Christmas with the Governor and the Governor having been a long

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time in a Lingering Sickness could not be so merry as usual but was in his perfect sence mind and memory and often said he would make his will before this Depont and the rest of the Company that was with him went away that they might be Evidences to it and further added that he wondered at the backwardness of Mr Lovick (who was then at his house) in writing it for him and that he thought him the said Lovick was the first man that ever refused an Estate before in his life time when offered him

And the Deponant further saith that on Chrismas day the Governor Came into the outer room or Hall and Dined with the Company and that in the evening he desired the Company to go into the parlor where this Dept saith there was a large bowle of punch made and that the Governor was very merry with the Company that night

And the Depont further saith that at that time he stayed several days at the Governors house and in the time of his being there he often heard the Governor Complain of Mr Lovick that he could not get him to write his Will and at last the said Lovick did write the will which he saw the Governor sign seal pronounce and declare to be his Last will and Testament and signed the same as an Evidence and at the doing thereof this Depont heard the Govr say with an Asserveration he was very glad his will was made and that he was fully resolved never to make another or words that Implyed as much

And this Depnt further saith that he waited upon Governor Eden Several times in his Illness and often heard him declare (Mr Lovick being absent) that he intended to give the said Mr Lovick the greatest part of his Estate and upon some discurses he had with the Govr about the said Lovicks being about to remove from Sandy point (where he then lived) with a design to settle himself at Edenton he the Depnt told the Governor that the sd Lovick had offered him a Considerable reward to undertake the building of an House for him at Edenton or to oversee the workmen that should do it for him to which the Govr answered that he wondered that he could not content himself to come and live with him for that he really believed he should never get over that Illness and then his house might serve for the sd Lovick as well as it had done for him or words to that purpose

And this Deponant further saith that on the 14th day of April following he went from Edenton to the said Lovicks with the said Coll Gale and the sd Lovick in discourse told them that Govr Eden had given him some Verbal Instructions about his Will one of which was about a legacy left one Mrs Pugh that before payment he should first get a General Discharge from one Mr Roderick Lloyd who was Father in Law to the

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said Mrs Pough as he told this Depont for he thought in giving that Lagacy it was sufficient for the Family therefore charged him to insist upon the Discharge from Mr Loyd before he paid it

And further saith not

Wm BADHAM

Then Mrs Mary Badham Wife to William Badham Esqr appeared and being sworn Saith That about the 25th day of Decemr Anno 1721 she was for several days at the house of Charles Eden Esqr late Governor of North Carolina at which time he was indisposed but of sound and perfect mind and memory and not confined to his Bed that during the time of this Depont being there the late Govr Eden did often speak to her concerning the making of his will in Which discourse he shewed some concern that John Lovick Esqr to whom he said he designed to give every thing, should be so backward to write it and that he much wondered he could not prevail on the said Mr Lovick to write his will altho he had frequently spoke to him to do it and that he beleived Mr Lovick was the first that ever refused an Estate That the said Govr Eden had much discourse with the Depont to the same purpose whenever the said Mr Lovick was absent and that the said Govr Eden did then tell this Depont that he would have his Will wrote while she was there that she and her husband might be Witnesses thereto and desired her to speak to Mr Lovick to write it while she was there for it would be the last he would ever make

And the Depont further saith That while she was there at the time aforementioned the said John Lovick Esqr coming into the room where the said late Governor used much he told said Lovick in the Deponts hearing that he had often been at him to write his Will and that he would then have it done Whereupon the said John Lovick set down and by his order wrote the original Will at this present shown unto her to which the Depont is an evidence

And further saith not

MARY BADHAM

Then Henry Clayton Esqre one of the Justices of the General Court for this province being Sworn Saith that he went over in Company with Mr Badham & his Wife to Governor Edens some time about the 24th of December 1721 to keep his Xmas with the late Governor Eden That when he came over he found the sd Governor some what indisposed but capable of walking about the house and in perfect sound mind and memory and that while the Depont was at the Governors house the said Governor

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Committed his last will and Testament to writing and called this Depont to see him Execute the same and this Depont heard him declare it to be his last will and Testament and signed the same as a Witness and this Depont at that time stayed near a weak at the Govrs house and left him in no worse condition than he found him

And further Saith not
Hny CLAYTON
By order