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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
May 27, 1728 - May 28, 1728
Volume 02, Pages 764-768

[Council Journal.]


North Carolina—ss.
At a council held at the Council Chamber in Edenton the 27th day of May Anno Dom 1728

Present
The Honoble Sir Richard Everard Bart Gov &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
F Foster Esqr Member of the Council
R Sanderson Esqr Member of the Council
T Pollock Esqr Member of the Council
T Harvey Esqr Member of the Council
R West Esqr Member of the Council
E Gale Esqr Member of the Council
J Worley Esqr Member of the Council
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The Honoble the Governor Informing this Board that Edmond Porter Esqr Judge of the Court of Vice Admiralty within this Province had refused to Recieve as Register of the said Court Robert Forster Gent who was appointed to that office with the approbation of the Council and that the said Judge has Given Comissrs for a Register and Marshall of said Court without shewing any power from the Admiralty for so doing Desiring the Opinion of this Board whither upon a Vacancy of Any Officer in the said court of Admiralty the said Officers should be appointed by the Judge of the Court or the Govr with the advice of the council and Mr Porter appearing and producing a Copy of a Commission Granted by John Menzie Judge of the Vice admiralty court within the Province of the Massachusetts Bay in New England to Edward Stanbridge appointing him Marshall of the said Court upon the Death of Ambrose Vincent who dyed in that office it was objected on the other side that the precedent being from New England was not to be taken notice of that Colony in their Charter being expressly forbid to Erect or allow the Exercising of any Admiralty Court Jurisdiction or Power That being Specially reserved to his Majesty his heirs &c And at the Instance of Mr Porter the said Copy of the Com̄ission which he produced is Entered in these words Vizl

To All to whom these presents shall come John Menzies Judge of Vice Admiralty within the Province of Massachusett Bay &c in New England sendeth Greeting.

Whereas the Office of Marshall to the Court of of Vice Admiralty within the aforesaid Province is now vacant by the Decease of Ambrose Vincent Late Marshall thereto and that until an other fit Person be authorized and appointed to Officiate in the Station the Proceedings in that Court will be much obstructed and thereby the Liege People and others resorting thereto Disappointed.

Know yee That I have sufficient knowledge of the Loyalty and Fidelity & Capacity of Edward Stanbridge of Boston in the aforesd Province Gent to serve in that Office and to Discharge the Duties incumbent upon him as Marshall Do hereby Give and Grant unto the aforesaid Edward Stanbridge the office of Marshall to the aforesaid Court with full power to him to exercise the same within the said Province & Maratime ports thereof as full and ample as any Marshall of the said Court hath or might have done Lawfully heretofore in any manner of way and to Recieve and Enjoy the whole ffees & perquisites due to the Marshall of said Court during his service therein and to have hold Exercise follow forth

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and possess the aforesd Office within the said Province and Maratime ports thereof and thereto belonging and have ffees and perquisitts due to the marshall of sd Court to his own use to apply and which comission is to Endure and Continue untill I shall think fitt to alter the same or that a Com̄ission be granted to some other Person from Great Britain which of them first happens. In Testimony whereof I hereunto not only set my hand and seal but also cause prefix the seal of Office thereto this Sixth day of April in the Tenth year of Majesties Reign Anno Dom 1724

J MENZIE Judge & a Seal
Sworn the same day as appears by the Minute Book Attesr
JOHN BOYDALL Regr

And the matter being thus fully argued and Debated upon the whole this Board is of Opinion that upon any Vacancy of the Court of Admiralty here the Honoble the Governor with the advice of the council may appoint as usual till further orders from Great Britain

The Honoble the Governor named John Parke Esqr Provost Marshall to be Marshall of the Admiralty who was approved of by this Board

The Honoble the Governor named Saml Swann Esqr to be Judge Advocate of the Court of Admiralty who was approved of by this Board

Adjourned till to morrow morning

Teusday May the 28th Met again Present as before

The Honoble the Governor desiring an Examination might be had before this Board concerning some Defamatory words spoken by Mr Jenoure of one of his Daughters And Mr Capell was Sworn thereto and Mr Jenoure being present utterly denyed the said Words and for the Governors further satisfaction signed the following writing Vizt

Whereas Mr Joseph Jenoure hath been charged by the Honoble the Governor with speaking certain scandalous Reflections touching the Reputation of Sir Richard Everard Lady and Daughters The said Mr Jenoure Publickly before the Honoble the Govr and Council Declared (and offered to give his Oath thereto) that he neither knew or beleived any Evil that might Effect the said Lady or her Daughters Reputation nor does he remember that ever he spake anything that might reflect on them.

JOs JENOURE

It being represented to the Honoble the Governor that John Leatry Clerk of the Lower house of Assembly having given Copies of the Proceedings

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of the Late Assembly which he believeth doth not agree with the original minutes of the proceedings of Assembly The Honoble the Governor was Pleased to Direct that Mr Leatry attend accordingly Mr Leatry was directed to produce the Originalls that the same Copies might be Examined therewith he answered that he had them not in his office, but that they were at his Lodgings for his more ready making out of Copies for such as wanted them, he was told by the Governor and Council that it was their unanimous Opinion that he ought not to remove them from the office appointed for keeping them least some accident might happen to them and the sd Mr Leatry being further asked wither he had given Security for his faithfull Discharge of the sd office pursuance to the act of Assembly Entituled an Act for Qualification of Publick Officers which was read unto him he answered he had not as thinking his Office being appointed by the Representatives of the people to be within the Purview of that Law nor has it been Customary for such Officers to give Security ever since the time of making that Law and the Question being put to the Council for their opinion whither the said Officer ought not to give Security It was the Opinion of the Council that he ought And it is further ordered that he give Security in the sum of Five hundred Pounds which shall be accepted of as if done within the time Limited Otherwise that Mr Attorney General Do prosecute the sd Leatry for his Neglecting to give Secuty.

A minute being made in the Council Journal of the Governors desire to Remove Coll Harvey from being Chairman of Perquimons Precinct Court the said Harvey now desired to Know his Honrs Reasons for it

And the Governor Declared it was because there was Two Elder Councellors in said Precinct but being given to understand that both them Gent Refuse to act he was satisfyed with Coll Harvey and had nothing further to object.

Read the Petition of Thomas Pendleton Shewing that George Powers sometime agoe obtained a Patent for 250 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 patent Issue as prayed for

Read the Petition of Robert Forster and Samuel Swann Shewing that Henry Irwin of Verginia and others for him obtained Patents for several Tracts of Land lying in Bertie Precinct which is not Seated & planted thereon Pursuant to Law Therefore prays that Lapse Patents may be granted them for the same

Ordered that Patents Issue as prayed for

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Read the Petition of John Martin Shewing that sometime agoe Nathaniel Martin obtained a Patent for one hundred and fifty acres of Land wch is not seated as the Law directs Therefore prays a Lapse patent may Issue for the same to him

Ordered that a Patent issue as prayed for

The Honoble the Govr representing to this Council that he is Informed by the Recr General that the monies arising by the Rents of Lands is scarce Sufficient to pay all the salaries allowed unto the Lords Proprs officers and that there is not monies in his hands to pay the sum of Two hundred Pounds Sterling granted by the Lords Proprietors for and Towards the building a Church at Edenton Whereby their Lordships Pious Intention is Retarded It is therefore the Opinion of the Council the better to Enable the Reciever General to pay the said Sum That the Reciever General be Directed and he is hereby Directed by the Governor and Council to Sell so much of their Lordships Lands after the rate of Twenty Pounds Sterling per Thousand acres (being their Lordsps last orders) as shall be Sufficient to raise so much money as the Rents and Arrears thereof shall fall short paying the said Two hundred Pounds Sterling after the Salaries of the Lords Proprietors Officers are paid

By order
J. LOVICK Secty