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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 27, 1726 - October 28, 1726
Volume 02, Pages 641-645

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[Council Journal.]


North Carolina—ss.
At a Council held at the Council Chamber in Edenton the 27th day of October Anno Dom 1726

Present
The Honoble Sir Richard Everard Bart Govr &c
William Reed Esqr Member of the Council
Chr Gale Esqr Member of the Council
J Lovick Esqr Member of the Council
E Moseley Esqr Member of the Council
Richard Sanderson Esqr Member of the Council
Robt West Esqr Member of the Council
John Palin Esqr Member of the Council
Edmd Gale Esqr Member of the Council

The Council met and adjourned till to morrow morning

Octo 28th The Council met again Present as Before

Read the Petition of William James Setting forth that Thomas Stanton in the year 1714 obtained a Patent for a Tract 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 prayed for

Read the Petition of John Banks Shewing that Thomas Lang obtained a patent for a Tract of Land which is not cultivated as the Law directs Therefore prays a Lapse patent may be Granted him for the same

Ordered That a Patent Issue as prayed for

Read the Petition of John Paget and Jonathan Bateman Shewing That Edward Hassell sometime agoe patented 534 acres of Land 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 Jonathan Bateman Shewing that Robert Fewox sometime agoe obtained a patent for 80 acres of Land which is not seated as the Law direct therefore prays a Lapse patent may Issue in his name for the said Land

Ordered that a Patent Issue as prayed for

Read the Petition of Robert Carr and Edward Barnes for a Tract of Land patented sometime agoe by Richard Holland which is not seated pursuant to Law Therefore prays a Lapse patent may be granted him for the same

Ordered that a patent Issue as prayed for

Read the Petition of Edward Barnes Shewing that Godfrey Lee sometime agoe Patented a Tract of Land which is not seated according to

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Law Therefore prays a Lapse patent may Issue in his name for the sd Land

Ordered That a Patent Issue as prayed for

Read the Petition of Edward Barnes Shewing that sometime agoe Godfrey Lee Patented a Tract of Land which is not Cultivated as the Law directs therefore prays a Lapse patent may be granted him for the same

Ordered that a Patent Issue as prayed for

Read the Petition of Terrence Swinney Shewing that Thomas Collins obtained a patent for one hundred acres of Land which is not seated 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 Richard Smith Shewing that sometime agoe Nicholas Smith obtained a patent for a Tract of Land which is not seated 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 William Drew Shewing that Richard Milton sometime agoe obtained a patent for 640 acres of Land lying Bertie prect which is not seated as the law directs Therefore prays a Lapse patent may be granted him for the same

Ordered that a Lapse patent Issue as prayed for

Read the Petition of John Bryan Shewing that Richard Milton some time agoe obtained a patent for a Tract of Land lying in Bertie precinct which is not seated as the Law directs Therefore prays a Lapse patent may be granted him for the same

Ordered that a Patent Issue as prayed for

Read the Petition of James Castellaw Shewing that Thomas Whitmel some time agoe patented a Tract of Land which is not cultivated as the Law directs. Therefore prays a Lapse patent may be granted him for the same

Ordered that a Patent Issue as prayed for

Read the Petition of Christian Reed shewing that sometime agoe Coll William Reed obtained a Patent for a Tract of Land which is not seated Therefore prays a Lapse patent may be granted him for the same

Ordered that a patent Issue as prayed for

This day was read at the Board the Petition of the Meherrin Indians shewing that they have lived and Peaceably Enjoyed the said Towne where they now live for such a space of time as they humbly concieve

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Entitles them to an Equitable Right in the same that they have not only lived there for many years but long before there were any English Settlements near that place or any notion of Disputes known to them concerning the dividing bounds between this Country and Verginia and have there made large improvements after their manner for the better support and maintanance of themselves and Families by their Lawfull and Peaceable Industry Notwithstanding which Coll Wm Maule and Mr William Gray have lately intruded upon them and have Surveyed their sd Towne and cleared Grounds on pretence that it lye in this Government and that the sd Indians have allways held it as Tributaries to Verginia which is not so praying this Board to take them into their Protection as their faithful and Loyall Tributaries and to secure to them a Right & Property in the said Towne with such a convenient Quantity of Land adjoyning to it to to be laid off by meets and Bounds as to them shall seem meet

Then allso was Read the Petitions of Sundry Inhabitants Living near the said Indians Shewing That Sundry Familys of the Indians called the Meherrin Indians have lately Encroacht and settled on their Land which they begg leave to Represent with the true accot of those Indians who are not original Inhabitants of any Lands within this Governmt but were formerly called Susquahannahs and Lived between Mary Land and Pensilvania and committing several Barbarous Massacrees and Outrages there Killing, as tis reported all the English there settled excepting Two Families, they then drew off and fled up to the head of Potomack and there built them a fort being pursued by the Mary Land and Verginia Forces under the Comand of One Major Trueman who beseiged the fort Eight months but at last in the night broke out thro the main Guard and drew off round the heads of several Rivers and passing them high up came into this country and settled at old Sapponie Town upon Maherrin River near where Arthurs Cavenah now lives but being disturbed by the sapponie Indians they drew down to Tarrora Creek on the same River where Mr Arthur Allen's Quarters is; afterwards they were drove thence by the Jennetto Indians down to Bennets Creek and settled on a Neck of Land afterwards Called Maherrin Neck because these Indians came down Maherrin River and after that they began to take the name of Maherrin Indians; but being known the English on that side would not suffer them to live there, then they removed over Chowan River and Settled at Mount Pleasant where Capt Downing now live but being very Troublesome there one Lewis Williams drove them higher up and got an order from the Governmt that they should never come on the So. side of Wickkacones

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Creek and they settled at Catherines Creek a place since called Little Towne but they being still Mischievous by order of the Government Coll Pollock brought in the Chief of them before the Govr & Council and they were then ordered by the Governmt never to appear on the south side of Maherrin They then pitched at the mouth of Maherrin River or the North side called old Maherrin Town where they afterwards remained tho they were never recieved or became Tributaries of this Governmt nor ever assisted the English in their warrs against the Indians but were on the contrary very much suspected to have assisted the Tuskarooroes at the massacree The Baron De Graffen Reed offering his Oath that one Nick Major in Particular being one of the present Maherrin Indians Satt with the Tuscarooroes at his Tryall and was among them when Mr Lawson the Surveyr Genl was killed by them So that these Maherrins were not originally of this Country but Enemies to the English every where behaving themselves Turbulently and never lookt on as true men or friends to the English nor ever paid due acknowledgement to this Government Some years agoe Coll Maule the Surveyr Genl obtained an Order to Survey the Lands at old Maherrin Towne which was accordingly done and Pattented afterwards since that they have paid Tribute to this Governmt and have been allowed by the Governmt to remain on those Lands but since that a great sickness coming among them swept off the most of them and those that remained moved off those Lands at Maherrin Towne and Sundry of them have lately seated and Encroached on your Petitioners Lands some miles higher up the River, destroyed their Timber & Stocks and hindering them from Improving their Lands they being unwilling themselves forcibly to remove the sd Indians least some disorders might arise thereon; praying an order to the Provost Marshall That if the sd Indians do not remove off in some convenient time they may be compelled thereto &c

Whereupon by the consent of both parties It is ordered in Council That the Surveyr Genl or his Deputy do lay out unto the said Indians a certain parcell of Land lying between Maherrin River and Blackwater River Running three miles up Blackwater River and then a Straight Line to such a part of Maherrin River as shall be Two miles from the mouth thoreof and if the same line shall leave out the settlement of Capt Roger a Maherrin Indian that then the Surveyr Genl do lay out a Tract of 150 acres the most convenient to his Dwelling Which Land when Surveyed the surveyr is to make return thereof into the Sectys Office that Grants may pass for the same to the said Indians It is further Ordered by this Board that the sd Indians shall Quietly hold the sd Lands

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without any molestation or disturbance of any Persons claming the same so as the same Persons Right or pretentions to the sd Lands be Reserved into them whereby they or those claiming under them shall have the preferrence of taking up the same when the said Indians shall desart or remove therefrom