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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 03, 1731 - April 26, 1731
Volume 03, Pages 215-221


North Carolina—ss.

At a Council held at the Councill Chamber in Edenton Apl 3d Anno Dom̄ 1731

Present
His Excellency Geo Burrington Govr &c
Ye Honble William Smith Esqr Member of his Majesties Councill
Ye Honble Joseph Jenoure Member of his Majesties Councill

His Majesty having by his Royall Instructions been pleased to appoint Nathaniel Rice and John Bapt Ashe Esqrs Members of Councill for this Province—and There upon ye said Nathl Rice and John Bapt Ashe appearing took and subscribed the several oaths by law appointed for Their Qualification of Publick officers and their places at The Board accordingly

Present
the Honble Nathaniel Rice Esqr Member of his Majesties Council
the Honble Jno Bapt Ashe Member of his Majesties Council

Natha Rice Esqr producing to this Board His Majesties Warrant under his sign Manuel directing that Letters patents Issue under the Great Seal of this Province Constituting and appointing him the said Nathaniel Rice Secretary and Clerk of the Crown of North Carolina.

Ordered that Lers Patents Issue for the same

By order of the Govr & Council
JOSEPH ANDERSON per Secty

-------------------- page 216 --------------------

North Carolina—ss.

At a Council held at the Councill Chamber in Edenton the 13th day of Apl Anno Dom̄ 1731

Present
His Excellency Geo Burrington Esq Gov &c
The Honble William Smith Esqr Member of his Majestys Councill
The Honble Nathaniel Rice Esqr Member of his Majestys Councill
The Honble Joseph Jenoure Esqr Member of his Majestys Councill
The Honble John Bapt Ashe Esqr Member of his Majestys Councill

Cornelius Harnett Esqr being appointed by his Majestys Royall Instructions a member of Councill for this Province appeared and took and subscribed the several oaths by law appointed for Qualification of publick officers and his place at ye board accordingly.

By order of the Gov & Council
ROBr FORSTER Dep Secty


North Carolina—ss.

At a Council held at the council Chamber in Edenton ye 19th day of April 1731

Present
His Excellency the Governour
The Honble William Smith Esqr Member of his Majesties Council
The Honble Edmond Porter Esqr Member of his Majesties Council
The Honble Jos Jenoure Esqr Member of his Majesties Council
The Honble Jno Bapt Ashe Esqr Member of his Majesties Council
The Honble Cornelius Harnett Esqr Member of his Majesties Council

His Excellency the Governr was pleased to be read his Majesties Royall Instructions requiring him to Examine into the Complaints of Sir Richard Everard Bart late Govr of sd Province against sevl members of the Late Council as also their Complaints against the sd Sir Richard Everard and his Excelly acquainting this Board that the said Sir Richard Everard had prayed a Certa day To be appointed for hearing the said Compts Therefore the Govr was pleased to appoint Tuesday the 20th Instant for hearing the said Complaint

And whereas there being some of the Gentlemen who were of the late council now in the lower house of Assembly (who is now setting) His Excellency the Governour by and with the advice and Consent of Council doth Comand that the members of the lower house of Assembly be adjourned till Wednesday the 21st Instant and they are they by adjourned accordingly

By order of the Governr & Council
ROBERT FORSTER D. Secty

-------------------- page 217 --------------------

North Carolina—ss.

At a Council held at the Council Chamber in Edenton the 21st of April Anno Dom 1731

Present
His Excellency Geo Burrington Esqr Govr &c
Ye Honble William Smith Esqr Member of his Majesties Council
Ye Honble Edmond Porter Esqr Member of his Majesties Council
Ye Honble Nathaniel Rice Esqr Member of his Majesties Council
Ye Honble Jno Bapt Ashe Esqr Member of his Majesties Council
Ye Honble Joseph Jenoure Esqr Member of his Majesties Council
Ye Honble Corn Harnett Esqr Member of his Majesties Council

Upon Petition of Elizabeth Moore Relict of Thomas Moore deceased setting forth that her husband dying in the begining of October last and that William Little in conjunction with John Pratt under pretence as greatest Creditor to the said Deceased obtained admrn thereon wch she concieves to be Illegal praying the said admrn may be annulled and made void a Copy of which petition the said Little was served with and day assigned him to answer the same At which day ye sd Eliza appd at this Board by Mr Thomas Swann her attorney where the said Little was prest and the matter on both side publickly debated

Thereupon His Excelly (as Ordinary) with the advice of the Council declares the Administration by Mr Little obtained to be Illegal annulled and Void and that administration be granted to the said Eliza as relect widow to ye said pursuant to Law

By order of ye Govr and council
ROBERT FORSTER D Secty


North Carolina—ss.

At a Council held at the Council Chamber in Edenton on the 22d of April Anno Dom 1731

Present
His Excellency Geo Burrington Esqr Govr &c
The Honble William Smith Esqr Member of his Majesties Council
The Honble John Bapt Ashe Esqr Member of his Majesties Council
The Honble Nathaniel Rice Esqr Member of his Majesties Council
The Honble Edmond Porter Esqr Member of his Majesties Council
The Honble Robert Halton Esqr Member of his Majesties Council
The Honble Corn Harnett Esqr Member of his Majesties Council

Joseph Jenoure Esqr his Majesties Surveyr Genll of this Province representing to this Board that he has Sundry times demanded from Edwd Moseley Esqr Late Surveyor Genl all papers relating to the said office and that the said Moseley had not as yet delivered the same to him Praying the oppinion of this Board thereon which being considered of his Excellency the Govr with the advice of his Majesties Council doth order and direct that the said Edward Moseley Deliver up to ye said Joseph Jenoure all papers and platts to the said surveyor Genl Office

-------------------- page 218 --------------------
belonging by to morrow morning by Ten of the Clock His Excellency the Governour Cause his Majesties 47 Instruction to read wherein his Majesty is pleased to direct the Governour that he take Especial care that no Office or place whatsoever be Executed within this province but by Com̄ ission from his Majesty or by com̄ ission from his Excellency the Governour under the seal of ye Colony Therefore the Governour with the advice & Consent of the Council was pleased to appoint the Honourable William Smith Esqr Treasurer of this Province in the room of Edward Moseley Esqr and that a Comission be prepared for the same accordingly

By order
ROBERT FORSTER Dep Secty


North Carolina—ss.

At a Council held at the Council Chamber in Edenton the 23d day of Apl Anno Dom 1731

Present
His Excellency Geo Burrington Esqr Govr &c
Willm Smith Esqr Member of his Majesties Council
Robert Halton Esqr Member of his Majesties Council
Nathaniel Rice Esqr Member of his Majesties Council
Edmond Porter Esqr Member of his Majesties Council
Joseph Jenoure Esqr Member of his Majesties Council
Jno Dapt Ashe Esqr Member of his Majesties Council
Corns Harnett Esqr Member of his Majesties Council

Read the Petition of Isaac Hill Esqr setting forth that he having an Indian slave named George amongst the Tuskaroore Indians who (as he is Informed) detains ye said Indian slave from his service praying and order may Issue from this Board Directed to Blount King of the sd Tuskarooraes, requiring him to deliver up the sd Indian slave to the sd Hill which being Considered of his Excellency the Govr was pleased to order and direct that Mr Charlton the Indian Interpreter should as soon as posible repair to King Blounts Town and there demand the sd slave from Blount & on the sd King refusal of delivering up the said slave that then the sd Interpreter is hereby directed to summons the said King Blount immediately to answer the same before his Excellency in Council

By order
ROBERT FORSTER D Secty


North Carolina—ss.

At a Council held at the Council Chamber in Edenton the 24 Day of April Anno Dom 1731
-------------------- page 219 --------------------

Present
His Excellency Geo Burrington Esqr Govr &c
the Honble William Smith Esqr Member of his Majesties Council.
the Honble Robert Halton Esqr Member of his Majesties Council.
the Honble Natha Rice Esqr Member of his Majesties Council.
the Honble Edmond Porter Esqr Member of his Majesties Council.
the Honble Corns Harnett Esqr Member of his Majesties Council.

Sir Richard Everard Bart Late Govr of this Province appeared and prayed to have some Depositions agst John Lovick Esqr Late Secretary and Edward Moseley Esqr Late Surveyor Genl in Suport of the Complaint made by the sd Sir Richard Everard against the said Lovick and Moseley to his Majesty. And the said Lovick and Moseley having Notice to be present the said Moseley appeared but Mr Lovick came not thereupon Colonel William Harding Jones being called appeared and gave the following Deps vizt

The Deposition of Colonel William Harding Jones being sworn on the Holly Evangilist sayeth that about a Twelve month agoe being at the house of Mr George Pollocks the said Pollock produced a blank patent without number of acres mentioned nor sum in the purchase receipt mentioned which reciept to ye best of his remembrance was signed by Mr Lovick Late Secty which patent was sealed and the said Deponant upon veiwing the patent told Mr —— that he might put what Quantity of Acres he pleased into that patent wch ye sd Pollock made no answer but smiled and the sd Depont further saith that he has paid Mr Little the Late Recr General the sum of £14.10 for the purchase of 475 acres of Land and that in reciept given from the said recd General he mentioned only ye reciept £9.10 and without mention of Quit Rent

Sworn to April 24th 1731
WILLIAM HARDG JONES.

The Deposition of Mr James Castellaw who being Sworn on the Holly Evangelist saith that about a Twelve month agoe and since he hath seen in the hands of Mr George Pollock four or five Blank Pattents without any mention of the number of acres & Sealed with a seal which he believed was the seal of the Colony and that on the back of which patents reciept signed by John Lovick Esqr Late Secretary without any sum Mentioned and that this Deponant was concerned with Mr Eubank in the purchase of Two of them the Title of which Patents he believed not to be good he perswaded Mr Eubanks to return the same to Mr Pollock again accordingly took one of them Mr Eubanks paying the said Pollock a pistole for the same as the said Eubanks told me who likewise said that he sold the other Pattent to John Green for sixty pounds and further this Deponant saith not

JAMES CASTELLAW
-------------------- page 220 --------------------

The Deposition of Cullen Pollock Esqr who being sworn on the Holly Evangelist saith that he hath a blank pattent in his hands signed by most of the late Councillors & sealed with the seal of the Colony on the back of which pattent is a reciept for the purchase mony And further this Deponant saith not

Sworn to Apl 24th 1731
CULLEN POLLOCK

The Blank pattent which I had from my Brother George Pollock and made oath concerning had 1,000 marked on the back of it and for that sume or Quantity of Land I had it of him I Declare this on oath

CULLEN POLLOCK

The Deposition of Thomas Jones Gent who being Sworn on the Holly Evangelists saith that he having an Imaginary survey in the month of June Last he produced the same to Mr Lovick who filled up a Patent for the said Land in August or September Last Dated in the year 1728 And further this Deponant saith not

THOMAS JONES

The Deposition of Doctor George Allynn who being sworn on the holly Evangelists saith that being in Company with a man Living in Rappahannock river in Verginia and Richard Everard who on some Discourse about Pattents, the said Verginian produced a pattent for Lands in Bath County and the purchase money mentioned in said Pattent appeared to be but Eight pounds Currency of North Carolina tho he declared he had paid Eight pound odd in Verginia and that he together with Mr Vail was Evidence to his paying Two Guineas in part of said sum to Mr Little and this Deponant further saith that about six or seven months agoe being at Mr George Pollocks with Mr Thomas Jones who having Discourse with Mr Pollock on an Exchange of Lands the said Jones agreed to part with Two Thousand on Marrattock river valued at £200. for a Patent for Lands in haw oldfield which was Blank and a reciept on the back of said pattent for ye Purchase money but by whome signed this Deponant remembers not & further that he has seen a great many blank patents without any number of acres mentioned therein with reciept on the backs of said pattent for the purchase money paid but the sum not expressed

And further this Deponant saith not

Sworn to april 24th 1731
GEORGE ALLYNN
-------------------- page 221 --------------------

The Deposition of Mr John Nairn who being sworn saith that about two years agoe he ran out some Land at wch time he saw the said Whitinal produce a pattent wch he took to be blank and that to ye best of His remembrance the number of acres was not incerted in said Pattent

And farther this Deponant saith not

Sworn to April 24th 1731
JOHN NAIRN

Sir Richard Everard appeared before his Excellency the Govr and Declared he had nothing to Charge Mr Moseley with

By order
ROBERT FORSTER D Secty


Nō Carolina—ss.

At a Council Chamber Held at the Council Chamber in Edenton the 26th day of April Anno Dom 1731

Present
His Excellency George Burrington Esqr Gov &c
The Honble William Smith Esqr Member of his Majesties Council
The Honble Edward Porter Esqr Member of his Majesties Council
The Honble Joseph Jenoure Esqr Member of his Majesties Council
The Honble John Bapt Ashe Esqr Member of his Majesties Council
The Honble Robert Halton Esqr Member of his Majesties Council
The Honble Cornl Harnett Esqr Member of his Majesties Council

Ordered that Edward Moseley Esqr Late Surveyor General Do imediately give in a list of the names of the several dept Surveyors who acted under him while Surveyor General to ye Governour and Council and that he Do not presume to take any returns from the said Deputys from the Date hereof

By order
ROBERT FORSTER D Secty