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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
July 18, 1727 - August 01, 1727
Volume 02, Pages 676-679

[Council Journal.]


North Carolina—ss.
At a Council Held At the Council Chamber in Edenton the 18th day of July Anno Dom 1727

Present
The Honoble Sir Richard Everard Bart Govr &c
Chris Gale Esqr Member of the Council
J Lovick Esqr Member of the Council
E Moseley Esqr Member of the Council
F Foster Esqr Member of the Council
Robt West Esqr Member of the Council
Thos Harvey Esqr Member of the Council
E Gale Esqr Member of the Council
J Worley Esqr Member of the Council

Mr Attorney General Little laid before this Board a Memorial setting forth that John Vidall and others were apprehended and Committed to Goal

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for Robberies & Felonies done and Committed lately at or near Ococock in Bath County and one of Articles of his Instructions to him requires him in all cases of difficulty to be directed by the Govr & Council and their arising some difficulties concerning the Prosecution of the said Criminals prays the directions of this Board thereon and particularly wither the sd Fact (the sd Examinations & Depositions whereof are herewith delivered) must be prosecuted as Pyracy or may be Indicted and prosecuted as felony and Robbery at Com̄on Law Infra Corpus Comitatus and if the former in what manner it may be done and if it could be prosecuted here that so he may be directed in his Duty therein &c

Which being Read several debates arose about the Tryall of the Prisoners whither they should be Tryed at Com̄on Law as Felons or sent into Verga to be Tryed as Pyrates this Government having no authority for Tryall of Pyrates and upon the whole It is the Opinion of this Board that the Honoble the Governor be desired to write to the Governmt of Verginia the particulars of of Prisoners Cases and with all to let them know we shall proceed on the Tryall of the Prisoners for felony unless that Governmt think it most proper to try them as Pyrates and to desires their speedy answer our Court being nigh at hand

By order

[Council Journal.]

North Carolina—ss.
At A Council held in the Council Chamber in Edenton the Thirty first day of July Anno Dom 1727
Present
The Honoble Sir Richard Everard Bart Govr &c
William Reed Esqr Member of the Council
Chris Gale Esqr Member of the Council
J. Lovick Esqr Member of the Council
E Moseley Esqr Member of the Council
R Sanderson Esqr Member of the Council
Tho Harvey Esqr Member of the Council
Edmd Gale Esqr Member of the Council
John Worley Esqr Member of the Council

Read the Petition of Mrs Elizabeth Hatch Praying She may be allowed her Thirds of her late husbands Personal Estate she not being Contented with the Will

Ordered that the matter of the Petition be referred to ye consideration of the next Council.

Upon a Caveat being Entered by John Bonde admr &c of Thos Boyd Esqr deced

Adjourned till to morrow

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August the first met again Present as before

The Honoble the Governor having desired Mr Moseley a Member of this Board to Explain some words Spoke in heat yesterday at the Council Board thereupon Mr Moseley assured the Governor that the said Words were only the Effects of heat in argument and that he had no Seditious Intentions by his said Speeches and that he Explained the same at the time when he spoke

And the Council was of Opinion that Mr Moseley did Explain himself so at the time

Mr Robert Hicks Informing this Board that one of the appraisr ordered by this Board to value the Land he formerly Petitioned for is Dead and that Our Law requires four Appraisr in such cases praying two appraisers more may be added to the former order which is allowed of And it is hereby Ordered that John Jordon Senr and John Parker be and they are hereby appointed appraisrs to Joyn with the other Two in the former Order and that they make Return of the same to the Council in October next

Order that Mr John Ismay be added in the Com̄ission of the Peace for Chowan Precinct

Read the Petition of Thomas Bagley Shewing That Francis Thornton some time agoe obtained a Patent for 640 acres of Land Wch 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 Thomas Jessop shewing that John Symonds in the year 1716 obtained a patent for 185 acres wch 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 shewing that Caleb Bundy in the year 1714 obtained a Patent for 185 acres of Land 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 James Manning shewing that in the year 1723 Joseph Ballard obtained a Patent for 300 acres of Land lying in Bertie wch 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 John Peeny shewing that John Burroughs sometime agoe obtained a Patent for an Island lying on the East side of the

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Narrows of Curratuck 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 Jonathan Jarvis shewing that Richard Jarvis sometime agoe obtained a Patent for 106 acres Land 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 Joseph Palmer shewing that Robert Palmer sometime agoe obtained a patent for 170 acres of Land wch 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 Coll John Worley shewing that sometime agoe John Pettifer took up and Patented a Tract of Land lying in Scuppernung 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 Coll William Reed shewing that Wm Reed Junr sometime agoe obtained a patent for 290 acres of Land lying in the fork of Pasquotank River whch 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