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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 02, 1724 - April 17, 1724
Volume 02, Pages 520-530

[Council Journal.]


North Carolina—ss.
At a Council held at Edenton the Second day of April Anno Dom 1724

Present
The Honoble George Burrington Esqr Govr &c
Chrisr Gale Esqr Membr of Council
J Lovick Esqr Membr of Council
Edwd Moseley Esqr Membr of Council
John Blount Esqr Membr of Council
Thos Pollock Esqr Membr of Council
Arth Goffe Esqr Membr of Council
Fran Foster Esqr Membr of Council

Christopher Gale and Francis Foster Esqrs being appointed members of this Board by the Lords Proptrs presented themselves and having taken and Subscribed the several oaths by Law appointed for due Qualification of Publick Officers together with the oath of a membr of the Council They took their places at the Board accordingly.

Upon the Death of Daniel Richardson Esqr late Judge of the Court of Admiralty within this Province Wherefore this Board doth hereby appoint Edward Moseley Esqr Judge of the said Court till further orders and it is further ordered that William Little Esqr be and he is hereby appointed Attorney General of this Province till further orders in the Room of the said Daniel Richardson dec̄ed and thereupon the said Edward Moseley and William Little took and Subscribed the several oaths by Law appointed for Qualification of Publick Officers

Thomas Boyd Esqr being recomended to this Board for Solicitor General and advacate of the Court of Admiralty for this province was approved of and is hereby appointed till further orders Solicitor General and advacate of the Court of the Court of Admiralty and was thereupon duly Qualified by taking and Subscribing the oaths by Law appointed for Qualification of Publick Officers

Robert Forster Gent is hereby appointed Register of the Court of Admiralty for this Province till further orders and was thereupon duly

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Qualified by taking and subscribing the Several Oaths by Law appointed for Qualification of Publick Officers

Adjourned till to morrow morning

Met again present ut supra & Thomas Harvey Esqr

Read the Petition of Major Thomas Luton directed to the Honoble the Governr as ordinary praying Letters Testamentary on the will of Mrs Esther Pollock dec̄ed and a Caveat being entered in the Secretarys Office against the said Lutons obtaining such Letters by Thomas Pollock Esqr till he was heard in Council the said Pollock appeared and prayed time to produce his paper relating to that affair not having had timely notice of sd Petition

Ordered that time be granted to the said Thomas Pollock Esqr to the 16th Instant to argue the matter

Read the petition of Edmund Chancy praying that Lapse patents may not be granted to Nathaniel Martin for his Two Tracts of Land belonging to the said Chancy &c And Nathaniel Martin appearing and the matter being argued on both side. This Board is of Opinion that the lower tract of Land whereon a large Quantity of clear ground is proved to be is saved and that the other tract of Land is become Elapsed

It is therefore ordered that the patent granted last Council to the said Nathaniel Martin for four hundred and Eighty two Acres of Land now in the Secretary's Office be distroyed and that he deliver the other patent then granted to the said Martin.

Upon a Referrence from the last Council on a Caveat entered by George Cockburne against Edward Moore obtaining a patent for a small Quantity of Land lying between the lines of the said George Cockburne and John Williams which having been argued by their Council on both sides This Board was of Opinion that the said Land in dispute was vacant

It is therefore ordered that the Secretary Issue a patent for the said Land to the sd Edward Moore

Upon the Caveat of Robert Willson against William Cockrils obtaining a lapse patent for a tract of land belonging to the sd Willson granted last Council to the said Cockril and Mr Robert Hicks was produced who made oath that he had made a View on the said Land and there was an habitable house thereon and that he beleived there was upwards of an acre of ground cleared and that Corn had been planted thereon And the said Cockril being called & not appearing to justify his Claim

Ordered that the patent granted to the said Cockril now in the Secretarys office been distroyed

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North Carolina—ss.
At a Council held at Edenton April the 9th Anno Dom 1724

Present
The Honoble George Burrington Esqr Govr
Chris. Gale Esqr Membr of Council
J Lovick Esqr Membr of Council
Ed Moseley Esqr Membr of Council
Fran Foster Esqr Membr of Council
John Blount Esqr Membr of Council
Thos Pollock Esqr Membr of Council
Thos Harvey Esqr Membr of Council
Arth Goffe Esqr Membr of Council

Read the Petition of William Ricks shewing that in March in the year 1720 Esther Kirby obtained a patent for Six hundred and forty acres of Land lying in Bertie precinct which Land not being seated according to Law prays a Lapse patent for the same &c which is granted &

Ordered That the Secty Issue a patent for the said Land in the said Ricks's name

Read the petition of William Ricks shewing Benjamin Ricks in March 1720 obtained a patent for 640 Acres lying in Bertie precinct on the South side of Meherine which is not Cultivated as the Law directs therefore prays a Lapse patent for the same &c

Ordered That a patent Issue as prayed for

Read the Petition of Esther Ricks Shewing that Esther Kirby by patent date in March 1721 obtained a patent for 640 Acres which Land not being Cultivated as the Law directs praying a Lapse patent for the sd Land

Ordered That a patent Issue as prayd for

Read the Petition of George Lillington Shewing That Edwd Lillington in December 1720 obtained a patent for 640 Acres lying on the South side of Allegator Creek which is not Cultivated as the Law directs

Ordered That a pattent Issue as prayed for

Read the Petition of John Mackneil shewing That James Bryan in August 1720 obtained a patent for 120 acres Land on Bear Swamp wch is not Cultivated as the Law directs Wherefore prays a Lapse patent may be granted him for the said Land &

Ordered That a Patent Issue as prayed for

Read the Petition of Richard Parker shewing That John King in the year 1719 obtained a patent for 90 acres of Land lying in Chowan wch sd Land not being Cultivated as the Law directs prays a Lapse may be granted him for the same for the same

Ordered That a patent Issue as prayed for

Read the Petition of Simon Jeffries shewing That William Jones in the year 1720 obtained a patent for 100 acres of Land lying on Morattock

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River which not being Cultivated as the Law directs therefore prays a Lapse patent for the same

Ordered That a Patent Issue as prayed for

Read the Petition of William Gray shewing That Owen O Daniel some time ago obtained a patent for 480 acres of Land lying on Cassay which not being Cultivated as the Law directs prays a Lapse patent may be granted him for the same &c

Ordered That a patent Issue as prayed for

Read the Petition of William Whitehead shewing that Robert Patterson sometime agoe obtained a patent for a tract of Land lying in Potakasey woods in Bertie precinct which is not seated and planted thereon as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered That a patent Issue according to the prayer of the petition

Read the Petition of Freeman Mackbride Shewing That James Spence in the year 1719 obtained a patent for 640 Acres of Land lying in pasquotank which is not Cultivated as the Law directs therefore prays a Lapse patent for the same &c

Ordered That a patent Issue as prayed for

Read the Petition of Thos Smith shewing that William West in march 1721 obtained a patent for 640 acres of Land which is not cultivated as the Law directs therefore prays a Lapse patent for the same &c

Ordered that a patent Issue as prayed for

Read the petition of Henry Bonner Junr Shewing that in the year 1720 Henry Bonner Sr obtained a patent for 340 Acres of Land wch is not Cultivated as the Law prescribes therefore prayes a Lapse patent for the sd Land &c

Ordered That a patent Issue as prayed for

Read the Petition of Alexander Spence shewing that Griffin Jones in the year 1716 obtained a patent for 74 Acres of Land lying in Pasquotank which is not Cultivated as the Law directs he prays a Lapse patent for the same &c

Ordered that a Lapse patent Issue as prayed for

Read the Petition of Elizabeth and Martha West shewing that Thomas West in March 1721 obtained a patent for 570 Acres lying on the North side of Cassay which is not Cultivated as the Law directs therefore prays a Lapse patent for the same and &c

Ordered That a patent Issue as prayed for

Read the Petition of William Rayfield shewing that Mathew Caswell in the year 1719 obtained a patent for 490 Acres lying in Pasquotank which is not Cultivated therefore prays a Lapse patent &c

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Ordered That a Lapse patent Issue as prayed for

Read the Petition of John Comes shewing that Cornelious Fitz Patrick sometime agoe obtained a patent for a Tract of Land lying on the south side of Allegator Creek which is not Cultivated according to Law therefore prays a Lapse patent for the same.

Ordered that a patent Issue as prayed for

Read the Petition of Henry Thickpen Shewing that Treddle Keefe in the year 1719 obtained a patent for 90 Acres of Land on Chinkapin Creek which is not Cultivated as the Law directs therefore prays a Lapse patent for the same &c

Ordered that a Lapse Patent Issue as prayed for

Read the Petition of William Davis Shewing that sometime agoe Henry Jones took up and patented a tract of Land in Bertie prect which is not Cultivated as the Law directs therefore prays a Lapse patent for the same

Ordered That a Patent Issue as prayed for

Read the Petition of John Speirs Shewing that Benjaman Foreman some time agoe obtained a Patent for 640 acres of Land lying on the South side of Morattock River joyning on Thomas Jarrels land which is not seated and planted as the Law directs praying a Lapse patents may be granted to him for the same &c

Ordered That a Lapse patent Issue as prayed for

Read the Petition of Joseph John Alston Shewing that his father John Alston obtained a patent for 200 & odd Acres of Land lying on Bennet Creek on the North side of the Bridge which is not saved as the Law directs, praying a Lapse patent for the same &c

Ordered That the Patent Issue as prayed for

Read the Petition of Thomas Mackbride Shewing that James Winright obtained a patent for 1300 hundred acres of Land lying in Pasquotank called Newfoundland which is not seated and Planted as the Law directs therefore prays a Lapse for the same &c

Ordered that a Patent Issue as prayed for

Read the Petition of William Brown Shewing that some time agoe —— Browne Senr took up and patented a tract of Land lying on the old Tree Swamp which is not Cultivated as the Law directs prays a Lapse for the same &c

Ordered That a Patent Issue as prayed for

Read the Petition of Alexander Steel Shewing That Coll Wm Maule some time agoe obtained a patent for 640 Acres of Land lying in Bertie precinct on the West side of Chinkapin Creek Swamp which is not

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seated as the Law directs praying a Lapse patent may be granted him for the same and &c

Ordered That a Patent Issue as prayed for

Read the Petition of John Brown shewing That John Thomas obtained a patent for 134 Acres of Land lying in Bertie precinct which is not seated as the Law directs praying a Lapse patent may be granted him for the same &c

Ordered That patent Issue as prayed for

Read the Petition of William Badham Shewing that John Jornagan obtained a patent for a tract of Land in Chowan precinct containing 400 Acres on the ninth of March An Dom 1717 which he hath not seated as the Law directs therefore prays a Lapse patent may be granted him for the same &c

Ordered That a Patent Issue as prayed for

Read the Petition of William Moore Shewing that William Boague obtained a patent for 240 Acres of Land lying in Perquimons precinct which is not seated as the Law directs therefore prays a Lapse patent for the same &c

Ordered that a patent Issue as prayed for

Read the Petition of William Whitfield shewing That John Holmes in December 1720 obtained a Patent for 600 Acres of Land lying at Beverlys on Meherine 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 be granted as prayed for

Read the Petition of Clement Hammond Shewing Thomas Bray obtained a patent some time agoe for 640 acres of Land lying in Bertie precinct 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 a Patent Issue as prayed for

Whereas the true and absolute Lords Proprietors by their Commission under their hands and great seal of their Province to Christopher Gale Esqr Chief Justice have Impowered and Directed the Governor & Council to nominate and Choose two Persons of Abel skill in the Law to be assistant to the said Chief Justice who when so appointed are in the said Commission constituted and appointed by the true and absolute Lords proprietors

This Board doth therefore in pursuance and according to the directions of the said Comission unanimously choose and name Adam Cockburne and Edmund Gale Esqrs to be assistants to the said Chief Justice.

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Ordered That a General Commission of the Peace do Issue directed to the present Members of the Council and ye Membrs of the Council for the time being John Lovick Esqr Secretary and the Secretary for the time being William Little Esqr Attorney General and the Attorney General for the time being Thomas Boyd Esqr Solicitor General and the Solicitor General for the time being John Worley Esqr John Palin Esqr Cullen Pollock and William Maule Esqrs and to the Chairman of the several precinct Courts within this Government for the time being

Ordered that a Comission of the peace Issue for the precinct of Chowan directed Edward Moseley William Badham John Alston Henry Bonner John Crisp, —— Parker Jacob Blount & Thomas Lovick Gent.

Ordered that a Commission of the Peace Issue for Bertie precinct directed to Thomas Pollock Barnaby Mackinne Isaac Hill William Lattimor John Gray Phillip Watston George Winn & Thos Kinchen Gent.

Ordered that a New Com̄ission of the Peace Issue for Perquimons Precinct directed to Thomas Harvey Samuel Phelps Charles Denman Thomas Spite Richard Whitby George Durant Jonathan Evens Gent.

Ordered That a New Com̄ission of the Peace Issue for Pasquotank precinct directed to John Palin David Bailey Robert Lowrey John Fonvell, Mackrora Scarborough, Evan Jones, Will Willson Gabriel Bumam Gent.

Ordered That a Com̄ission of the Peace Issue for Currotuck precinct directed to Joseph Sanderson Thomas Taylor William Williams Robert Peyton William Bell Moses Linton William Luffman Gent

Ordered That a Com̄ission of the Peace Issue for the precinct of Beaufort & Hyde directed to John Porter Patrick Maule James Leigh —— Slade Richard Harvey Joshua Porter & John Martin Gent.

Ordered that a Com̄ission of the Peace Issue for the precinct of Craven directed to Richard Graves Edward Gatling Thomas Martin, Thomas Masters, John Jacob Miller, & William Willson Gent.

Ordered That a Comission of the Peace Issue for Carteret Precinct directed to John Nelson Richard Russell Enock Ward Richard Whitehurst Ross Bell and Joseph Wicker Gent

Joseph Castleton in pursuant of a sentance passed on him at the General Court last passed appeared before this Board and on his Kees acknowledged that the Seditious and scandalous words by him spoken agt the Honble the Governor were utterly false & humbly begg'd pardon for his offence

Upon Complaint of the Meherine Indians setting forth that their Lands were all taken up and Surveyed by the English their Neighbours

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and that they were forwarned from off their clear Grounds and forbid to plant Corne thereon

Ordered That Coll William Maule the late Surveyr General attend this Board at Edenton next General Court and that in the mean while the said Indians have Liberty to plant their Lands as formerly without molestations from any person whatsoever


North Carolina—ss.
At a Council held at Edenton the 15th day of April An Dom 1724

Present
The Honoble George Burrington Esqr Govr &c
William Reed Esqr Membr of the Council
Chr Gale Esqr Membr of the Council
J Lovick Esqr Membr of the Council
E Moseley Esqr Membr of the Council
Thos Harvey Esqr Membr of the Council
John Blount Esqr Membr of the Council
Thos Pollock Esqr Membr of the Council
Arth Goffe Esqr Membr of the Council
Robt West Esqr Membr of the Council

This Board taking into consideration that there was no ffee appointed for the Governor for signing Patents granted by virtue of the grand Deed

Ordered That Honoble the Governor for the time to come take and receive for every patent granted by virtue of the grand Deed as well Lapse patents as others the sum of Twenty five shillings till the same shall be allowed of by the Lower house of Assembly

Adjourned till to morrow morning

April ye 16th mett againe

Present as before

The order of Council appointing a Fee to the Govr for signing patents being sent to the lower house of Assembly for their allowance was returned this day with following endorsement on the back of it vizt

The within order being read it is allowed that the Fee of Twenty five Shillings within mentioned may be taken till the setting of the next Biennial Assembly

per order of the House
R HICKS Cler Dom Comd

Thomas Pollock Esqr and Mayor Thomas Luton appearing this day pursuant to a former order of this Board to debate the matter contained in the sd Lutons Petitions referred to the Governor for obtaining Letters Testamentary on the Will of Mrs Esther Pollock dec̄ed and the Council on both sides having fully argued the matter

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This Board is unanimously of Opinion that Letters Testamentary cannot be granted on Mrs Esther Pollocks will till the Petitioner doth make it appear that the said Mrs Pollock had Letters Testamentary granted to her on the will of her former husband William Wilkinson in which she was made Executx

It is therefore ordered that the sd Lutons petion be rejected

Squires and Mackey Chief men of the Mattamuskeet Indians appearing before this Board and praying that their Lands at Mattamuskeet may be laid out and a patent granted for the same as to other Tributary Indians in this Governments.

It is Ordered that the Surveyr General or his Deputy do lay out for the Mattamuskeet Indians a tract of Land containing four Miles square if the same may be conveniently done, and to include the settlements they are now seated on but if natural bounds shall happen in the way then to make use of such natural bounds and to compleat the Quantity of Ten Thousand Two hundred and forty acres

The following adress from the lower house was presented by Mr Patrick Maule and Richard Graves and ordered that the Consideration thereof be referred till to morrow

Adjourned till to Morrow Morning

April ye 17th met againe Present as before

Read the aforegoing Address in the following words Vizt


North Carolina—ss.

To the Honoble George Burrington Esqr Governor and Com̄ander in Chief of North Carolina and to the Honoble Council

The Address of the Lower house of Assembly of North Carolina

It Apearing to this House that most of the Lands of Albemarle County being already taken up the Growth and encrease of this Government is much obstructed for want of such Instructions concerning the sales of Land in this Government as might be complyed with by which means many who have removed hither from foreign parts have been oblidged to return and others are dayly removeing to the great weakening of the Government by the loss of so many Inhabitants as well as to the deminuition of the Lords proprietors Revenue, wherefore that such an expedient may be found to retain such of the Inhabitants as are designed to remove and to encourage others to settle in this Government untill the Lords proprietors shall be pleased to give Instructions for the sales of Lands as the Inhabitants of this Government can comply with concerning which we intend to address their Ldps and pray your Honours Concurrance.

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We humbly propose to your Honrs that you would be pleased to give such orders and Instructions that persons may enter survey take up and occupy the vacant Lands on the annual payments of such rents as your Honrs shall think proper untill such time as their Lordps shall declare after what manner the purchase money shall be paid in this Government after which Declaration so made by the proprietors the Possessrs of such Lands may have a Limitted time to accept of their Lordships Tearms of Purchase

And this we are humbly of Opinion will be a great means to Retain many of the Inhabitants otherwise designed to remove encourage others to Settle among us and cause a very great addition to their Ldps Revenues

By order of the Lower house
THOMAS SWANN, Speaker

The Governor and Council taking unto Consideration the address of the lower house of Assembly which was presented yesterday and was this day read and several of the Members of the Council representing that sundry person are already seated on the vacant Lands for which purchase money has not been paid nor any rents, and the Governor and Council being unanimously of Opinion that the permitting people to occupy the vacant Lands on the payment of a certian rent untill the Lords proprietors pleasure be further known will not only very much strengthen and encrease the Settlement of this Government but also cause a very great addition to the Lords proprietors annual Revenue

It is ordered That Permission be given for any person or persons to take out warrt signed by the Governor and Council directed to the surveyor General or his Deputy to lay out Lands in Bath County after the same manner they are usually laid out in Albemarle County To hold and occupy the same on the annual payment of three shilling per hundred Acres untill the Lords proprietors pleasure be further known provided always that unless the Taker up of Lands according to this order do within two years after the survey of the Land enter upon the clearing and Seating thereof in such manner as is provided for the Settling Land in Albemarle County then all and every such Survey shall be Void and ineffectual and such Lands ffree for any person or persons to enter upon and Seat according to the rules hereby declared

And it is further ordered that when the Lords Proprietors shall be please to give direction for the granting Lands in Bath County then all and every such Possessors of Lands so Surveyed who shall have actually paid their rents aforementioned or secured the same to be paid shall have

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the preference to take up the same Lands (so possessed and for which the rents shall have been paid or secured to be paid) upon such Terms as their Lordps shall please to signify for the Granting Lands provided they comply with such Term within one year after notice is given by proclamation

It is also Ordered That the Governor and secretary shall have take and recieve the like ffee for all such Lands so taken up as is appointed for warrant and patents in Albemarle County and that the Surveyor General do make out a Catalogue of all such Lands so taken up and deliver the same to the Lords Proptr Receiver General that the same may be entered on the rent Roll for which entry It shall be Lawfull for the Reciever General to have and take of each person whose Lands shall be so entered the sum of five shillings

Mr Chief Justice having represented to this Board that it was customary in their Ldps Government of South Carolina for the Reciever General out of their Ldps Revenue to defray the expences of a Dinner on the sessions day of each Genl Court

Ordered That Arthur Goffe Esqr Recer Genl do pay the sum of fifteen pound to Mr Thomas Parris it being what was expended on a dinner on the sessions day last past and charge the same on his accompt

By Order