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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
October 24, 1724 - October 31, 1724
Volume 02, Pages 535-541

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[Council Journal.]


North Carolina—ss.
At a Council held at the Council Chamber in Edenton the 24th day of October Anno Dom 1724

Present
The Honoble George Burrington Esqr Govr &c
J Lovick Esqr Member of the Council
E Moseley Esqr Member of the Council
F Foster Arthur Goffe Esqr Members of the Council
Thos Pollock Esqr Member of the Council
Thos Harvey Esqr Member of the Council

Christopher Gale Esqr formerly a member of the Council having left this Government the Honoble the Govr named William Maule Esqr in his room who having took and Subscribed the several Oaths by Law enjoyned for Qualification of publick Officers took his place at the Board accordingly

The Question being put whither upon the absence of Christopher Gale Esqr Chief Justice any other person should be nominated and appointed to that Office and upon the Vote it was carryed in the affirmative

Ordered that a Comission Issue directed to Thomas Pollock Esqr Cheif Justice Cullen Pollock William Downing of the South shore of Chowan Isaac Hill John Allston and Robert Lloyd Esqrs and that the Commission be drawn in the same form as that to Mr Chief Justice Knight and his associates

Present John Blount Esqr

The Honoble the Governor informing this Board that he had displaced Mr Henry Clayton Provost Marshall and desired their Opinion of another person named by him for that Office It was objected that Mr Clayton was appointed with the consent of the Council and ought not to be removed without their approbation And the Opinion of the Council was desired by one of the Members on that head which the Govr would not suffer, alleadging the right lay in himself alone to displace the Provost Marshall

Ordered that Mr James Winright be appointed Provost Marshall of the County of Albemarle


North Carolina—ss.
At a council held at the Council Chamber in Edenton the 28th day of Octor Anno Dom 1724

Present
The Honoble George Burrington Esqr Govr &c
J Lovick Esqr Member of the Council
E Moseley Esqr Member of the Council
T Pollock Esqr Member of the Council
R West Esqr Member of the Council
Thos Harvey Esqr Member of the Council
A Goffe Esqr Member of the Council
W Maule Esqr Member of the Council
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The Petition of Major Thos Luten being read and & Considered of It is ordered that it lye for a further hearing till to morrow.

Read the Petition of John Royall concerning his Indian Slave named March being detained from him at the Tuscarora Town by King Blount

Ordered that King Blount be Summoned to attend this Board at the next setting of the Council and that he bring with him the said Royalls Servant named March to answer the said Complaint


North Carolina—ss.
At a Council held at Edenton the 29th day of October Anno Dom 1724

Present
The Honoble George Burrington Esqr Govr
E Moseley Esqr Member of the Council
J Blount Esqr Member of the Council
Thos Pollock Esqr Member of the Council
Thos Harvey Esqr Member of the Council
Robt West Esqr Member of the Council
Arthur Goffe Esqr Member of the Council
Will Maule Esqr Member of the Council

Read the Answer of Mr Lovick to the Petition of Roderick Lloyd &c in hac Verba Vizt


North Carolina—ss.

To the Honoble George Burington Esqr Govr and ordinary of the said Province.

The Answer of John Lovick Executor of the last Will and Testament of Charles Eden Esqr last Govr of the said Province dec̄ed to the Petition of Roderick Lloyd and Anne his wife by Robert Lloyd Agent & Atterney for the said Roderick Anne and Margaret Pugh Daughter of the said Anne and Neice of the said Charles Eden Whereas the said Petitioners sometime since together with the said Margaret exhibited a Memorial to the Lords Proprs against the said John Lovick alledging that he had Illegally Possest himself of the said Governor Eden Estate whereto they pretended Title in the sd Memorial Insinuating that the said John Lovick had fraudulently obtained the same and that they Suspected the said John Lovick had consealed or stopt their powers and directions to their Agent here concerning the same to which last suggestion the said John Lovick having Examined their said Agent or Kinsman in Council before your Honr humbly concieves he hath Sufficiently vindicated himself from any aspersion on that head and hope your Honr will be as fully satisfyed with the Clearness of his Intentions and the justice of his proceedings in the whole affair when

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you have heard his Answer which in Obediance to the Lords Proprietors directions he with great readiness now humbly offers—May it please your Honr at so remote a distance as Great Britain these false Insinuations of the Petitrs might more easily be made but it is with very great surprise the said John Lovick finds by their Agent and Attorney here residing they should presume to suggest to your Honr and assert ffacts that may so Notoriously and publickly be disproved and which the said Petitioners or their Agent and Attorney here could not be ignorant of, it being set forth in the said Petition that the said John Lovick hath possest himself of the said Governor Eden Estate by pretext of a pretended Will as they Express it procured after some unlawful and Indirect manner and that the said Will was not signed and Executed by the said Govr in lawful manner nor is Lawfully proved and that the said John Lovick hath not exhibited any Inventory of the said Estate into the proper Office which Estate was set forth in the said Memorial before mentioned to be worth Three thousand pounds Sterling and here in the said petition to be worth Eight Thousand pounds sterling whereas by the publick records in the proper Offices it plainly and manifestly Appears And the sd Petrs might Inform themselves by Copies or otherways what disposition the said Govr Eden made of his Estate by his last Will & Testament Signed by his own hand and published by him in ye presence of a compleat number of Witnesses who signed the same as Evidences. which Will hath been duly proved in the General Court of this Province according to Law and recorded as other Wills are in the proper Office & Lres Testry have been duly granted to the said John Lovick according to the Custom of the said place and he sworne as Executor thereto and an Inventory on Oath of the said Estate hath duly returned and caused an appraizmt of the said Estate in Sterling money to be made by appraizors ordered by a Warrt of appraizment and sworn thereto and the said appraizmt long since returned unto the usual office and as he conceives hath done what the law requires all which may be seen in the said Offices but for more certainty to your Honr he now beggs leave to lay the same before your Honr and the Council in Justifycation of himself & to make most manifest and apparient the Lawfulness of his proceedings herein altho the said John Lovick concieving himself to be General Legatory and being advised that the residue of the said Estate did belong to him after debts and Lagacies paid which he imagined there would be Sufficient to do if no losses had happened he did not think himself oblidged to be so very exact and particular in every step relating thereto however since there hath great losses happened on the said Estate by
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casualty and since such cavils and pretensions are made as by the Petitioners he thinks himself happy to have proceeded so regularly and methodically as he has done and doubts not in the whole affair it will appear he hath proceeded according to Law as well as Equitably and with good Conscience desiring no other but faithfully to Execute the will of the dec̄ed and perform his Duty as Executor and humbly concieves he hath now given your Honr an Instance of his readiness herein and of the sincerity of his Intentions by admitting the Petitirs procuration or power of Attorney tho he might justly have Questioned the proof of it And the said John Lovick saith as Executor he is ready to answer all Lawful Demands either of the said Petitioners or any others on the said Estate so far as it will Extend and that he shall at all times be ready when any proper petition or suite shall be commenced against him according to the Laws of this colony to give such Caution or Security as shall be Judged sufficient or necessary thereon And Whereas in the said Petition it is set forth that the said Govr Edens Estate is worth Eight Thousand pounds Sterling the said Appraizment will certify to your Honr that besides the Lands the whole Estate amounted but to the value of five hundred and sixty three pounds Eighteen shilling and sixpence sterling and one hundred and seventy five pounds Boston money where Exr for sterling is near Two hundred per cent with a parcel of bills and a few Debts of this Colony not reduced to sterling and the said John Lovick is ready and can make it appear that the said Govr Eden some little time before his Death upon thoughts of going for England offered for One thousand pounds Sterling in Great Brittian all his Estate in Carolina both real and personal except his plate which by the appraizment appears to be one hundred & ninty six ounces and his Negroe Boy Taphy which by his said Will he gave and Hath been by the said John Lovick the Executor since delivered to the said Govr very good Freind John Holloway Esqr in Verginia and the said John Lovick further Saith that altho he hath proved the said Will as aforesaid in the General Court as is usual and by the Laws of the said Colony he might do and the probate being there recorded he concieves leaves no Room or Coulor for any imputation which the said Petitionrs might hove suggested had the same been in the Secretarys Office (he being Secretary yet for that the said petitioners are unsatisfyed with the probate of the said Will and Question the Validity thereof, the said John Lovick is Willing and now prays that the same may be proved in Council before your Honr and that he may be permitted to bring the Testamony of several Creditable persons to declare by Interogaties on oath what they know of Govr Eden
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sd Will and his ability then to make such dispositions of his Estate and the declarations he at any time made with the true Intent and meaning thereof in the presence of the said Petitioners or their Agents or attorneys that they may have oppertunity then and there to make what Interogatories or objections they can or may have so that the matter being fully Examined and heard the very right Justice and Equity thereof and the Lawfulness of his proceedings may publickly and Evidently appear before your Honr and the Council to whom the sd John Lovick humbly submits himself and this his answer

J LOVICK

Whereupon the Petitioners put in the following writing


North Carolina—ss.

To the Honoble George Burrington Esqr Governor and Ordinary &c and the aforesaid Petitioners by Thomas Boyd their attorney by protestation sayeth that the answer of the aforesaid John Lovick to the petition aforesaid exhibited in argumentative imperfect and evasive and not full and perfect and direct as it ought to to be wherefore your said Petitioners most humbly pray that the said John Lovick may be Compelled by your Honr forthwith to make a more perfect and direct answer hereunto as also to give such Security as in the said Petition they have prayed &c Thos Boyd for Petitioners—And then the said Mr Lovick put in the following writing Vizt and the Deft Sayth that in his answer he prays leave before the Govr & Council per Tests to prove the said will on Intereogations and now have produced their Testamonies to prove the same without which his answer is not Compleated & gone thro' with and then is ready to support his answer aforesaid and to give any security that shall be thought proper Will Little for ye Deft—The Governor declared that he would recieve a further proof of the said will when the said Mr Lovick should produce his witnesses before him as Ordinary then the Petitioners Agent being asked whither he had a Copy of the Inventory of the said Governor Edens Estate from the Secretarys Office he acknowledged he had and as to the Demand made before the Govr as Ordinary for Security to be Given by the said Mr Lovick the Govr Declared his Opinion that in that Capacity he had no power to Compell the sd Mr Lovick to give such security as is demanded.

Adjourned to the 31st of Octor

Octor 31st met again present ut Supra

It having been represented to this board that great Numbers of people coming from other parts to settle in this Government do by pretence

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of an old act Intituled —— Screen themselves from the Levys laid on all Tithable persons in this Government which being duly considered of, this Board is of Opinion that the aforesaid act is become Obsolete and that the Marshall who collects the Levys Ought to have no regard thereto

Ordered that a new Commission of the Peace Issue for Bertie precinct directed to Wm Maule Esqr Mr George Pollock Banna Mackinne Will Lattimor George Winn John Holbrook James Castlebow Edward Howard John Dew James Boon & Nathl Hill

Ordered That a New Commission of the Peace Issue for pasquotank precinct directed to the old members and Mr Judge & Robt Morgan

Ordered that a commission of the Peace Issue for Curatuck prect and that Richard Church and Foster Jervis be added with the old members

Coll Thos Swann Mr Thomas Lowther Mr Mackrora Scarborough & Mr Griffin Jones having Informed this Board in writing of sundry abusive and Scandalous Expressions used by William Reed and John Norton concerning the Honoble the Governor whereupon this Board having appointed Saturday 7th November next for hearing the same It is Ordered that William Reed Esqr & John Norton be Summoned to attend the Govr and Council at Edenton the time aforementioned and that the said Coll Swann Macko Scarborough Thos Lowther and Griffen Jones or any other person do attend as evidences

Read the Petition of Aaron Odam Shewing that John King dec̄ed took up and patented some time agoe a Tract of Land in Chowan precinct which is not seated and planted thereon as the Law directs praying a Lapse patent may be granted him for the same &c

Ordered that a Lapse patent Issue as prayed for

Read the Petition of Henry Lysle shewing that his father sometime agoe obtained a patent for 274 Acres of Land lying on Cow hill which is become Lapsable for not being Cultivated as the Law directs

Ordered that a Lapse patent be granted him for the same

Read the Petition of Ambrose Aires Shewing That sometime agoe Thomas West took up and patented a tract of Land lying at Wills Quarter And that David Sturdes obtained a patent for a Tract of Land lying on Geeshall on Cashy and two other Tracts of Land was patented by Lawrence Sanson one tract lying on Gum Swamp and the other at Wills Quarter all which Tracts of Land is not Cultivated as the Law directs Therefore prayes a Lapse patent may be granted him for each of the said Tracts &c

Ordered That patents Issue according to ye prayer of ye Petr

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Read the Petition of Thomas Bonner of Beaufort precinct in Com̄ Bath shewing That Whereas your Petitir hath been at a Considerable Charge & Expences in settling a plantation on a certain Tract of Land in Bear River on wch he entered near Three years agoe and on which Land he hath continued occupying the same ever since. An entry of which he made at the time of his seating the same with one (Vizt Mr Patrick Maule) of the then Surveyr Genls Deputies yet (this notwithstanding) the aforesaid Mr Patrick Maule Deputy Surveyr hath a few days agone Surveyed a Tract of Land for one Alexander Straughan running within the Petrs bounds and comes very near his house &c praying to be relieved of the premisses &c

It is Considered of and Ordered That if it appear that the said Bonner be the first seater or first entered the said Land that he have the right thereto so that the sd Survey shall not exceed Six hundred and forty Aces of Land

The Honoble the Govr declaring to his Board his intentions of going within these few days to the Southern parts of this Government and from thence he thinks he shall make a Voyage to Charles Towne in South Carolina for the service of the Lords Proprs and Nominating Edward Moseley Esqr to Preside in Council and to transact the publick business of the Government during his absence The Council Concured therewith and the said Edward Moseley took the Oaths as by Law appointed for his Qualification for that Office

By Order
J LOVICK Secty