His Excelly the Governor informing the Board that he was delayed on his journey from Cape Fear by illness & bad Weather so that he could not be hear yesterday to hold a Court of Chancery yesterday being the usual time for holding the Same Required the Oppinion of the Council Whether he Should hold the said Court this day who were of oppinion that the said Court regurlarly sit this day. Provided no advantage was taken any Person gone or not now attending
Monday last being the Day by Law appointed for the Assembly to meet and the Governor having been detained by illness and Bad Weather on his Journey from Cape Fear Could not arrive at Edenton on the said Day neither were five members of the council attending the Assembly and the Governor being informed that Number of Burgesses met on the day and still waited His Excelly thereupon sent for the Burgesses to attend him in Council and made the following Speack to them to Vizt
His Majestices Service made it Necessary for me to visit the Southern Parts of this Government I took that journey so soon after a Violent Feavor was render by some Indispositions Uncapable of Returning by Land therefore was under a Necessity of Coming by sea the winds proving very Contrary and Tempestious my voyage took up much more time than I expected and altho I left the Vessel at the Barr and Used the Greatest Expedition I Could not arive at this Metropolis before yesterday
How farr my being Absent the first day of the Assemblys Meeting may Effect the being of the I will not enter into the arguments at this time the reason why I offer Nothing to your Consideration that the last Assembly would not Obey the Kings Instruction that I laid before them Nither did they do any thing for the good of the Province Notwithstanding I mentioned several affairs in My Speech to them very Necessary for the well fair of this Government and ease of the people their Ill conduct is the occassion I could not do Business with you at this time The Misbehaviour of the Late Assembly I have represented and have desired further Instructions how I am to act in Relation to the Revenue Officers Fees Registring Lands in the Auditors Office and other matter Contained in the Eight Instructions laid before that Assembly I hope to be Honoured with his Majesties Commands next March in Relation to them Instructions before I am fully Instructed I Judge it will not be proper for me to proceed any further upon them Instructions In the mean time I will take all Imaginable Care that the Business of this Province be Carefully transacted and that good order you now see so well Established Shall Continue between this and the Next Session
I Prorogue this Assembly to the first Tuesday in April Next Ensueing and it is hereby proroguedBy orderR FORSTER Cler Cond
His Excelly the Governor was pleased to acquaint this Board that he was Informed by several persons at Cape Fear that Col Edward Mosely Maurice Moore and Mr John Porter Claim Such great quantities of Land on Cape Fear River that new Comers Cannot find Lands to take up but what is said to belong to one of those Gentlemen this Board doth thereupon order that the said Col Moseley Col More and Mr John Porter do attend this Board on the 17th day of Janry next and that each of the said Gentlemen do then give particular account of Every Tract they hold on the said River and by what Title they Claim the same.
His Excelly the Governor further acquainted that he had several Complaints made to him by the Inhabitant of Cape Fear that the several Deputy Surveyors appointed by Edward Moseley Esqr late Surveyor General have made and returned most of the survey at and about Cape Fear with only running the Front line so that ye People are uncertain as to the Bounds of their Lands.
It is Thereupon ordered that the Deputy surveyors at and about Cape Fear appointed by the Late surveyor General do attend this Board at their next sitting in January and that the Clerk of this Board do Issue Sumons's to Each of the said Depties to appear before the Governor and Council on the 17th Day of January next
His Excelly the Governor Informed this Board that Cornelious Harnett Esqr one of his Majesties Council and another person did Contract with Capt Tate of Bristol for a large Cargoe of English Goods to the Amount of near £3000 Currency of this Province to be paid to him the said Tate in six weeks time about Eighteen months past at Cape Fear River The said Tate on his Complaint to his Excelly said that he had not recieved anything for the said Goods but is still put of by Mr Harnett and the said Tates ship still lying in Cape Fear River to the Great Loss andth Day of January next and that the said Cornelious Harnett be Served with a Copy of this Entry and that Capt Tate be then Likewise Sumonded to appear to make Good his said Complaint against Mr Harnett that this Complaint be not Entred in the Council Book
His Excelly acquainting this Board that His Majesties Instructions require him to transmitt to the Board of Trade attested accounts of the Receipts and Payments of all publick moneys in this Province
It ordered that several Treasurers and all others having any publick moneys in their Hands be Sum̄oned to appear before this Board on the 17th Day of Janry next at which time they are to give their Attendance and make up their accounts of all publick moneys in their Hands
Ordered that sumons's do Issue to every member of His Majesties Council within this Province to attend His Excelly in Council at the Council Chamber in Edenton on the 17th day of Janry next on pain of suspension there being a Complaint against a member of Council to be then heard
Ordered that a Dedymus be directed to the precinct Court of Beaufort & Hyde to Recieve and Qualify Mr Richard Harvey Capt John Tremble & Oliver Blackburn as Members of that Court
Ordered that a Dedimus be directed to the Court of Pasquotank to Recieve and qualify Mr John Turry and Terrence Swinney as Members of that Court.
His Excelly the Governor Read a paper sign by E Porter Esqr a member of this Board on the 27th day of July last past which being Read His Excelly Declared that the said Mr Porter had aserted a falsehood with a design to impeed and hinder His Excelly from His Majesties Service at that time in appointing a sufficient Number of Council to make a Court of Chancery and to appoint a Chief Justice
Ordered that the said Edmond Porter be Sumoned to appear and answer the same at the Council to be held at the 17th day January next
Mr Little moved this Board that Edmond Porter Esqr might answer to the Complaint that said Little and other Entered at this Board in May Last
Ordered that the said Edmond Porter be sumoned to appear at a Council to be held the 17th day of January next and that he file his answer by the 1st day of said month and have his proofs ready at the Council the 17th of the said Month
His Excelly the Governor having laid Before this Board his Majesties 56 Instruction for appointing two Courts of Oyer and Terminer yearly which having been duly Considered This Board are of Oppinion that a Special Comission Issue pursuant to his Majesties Said Instructions directed to John Palin Esqr Chief Justice the present members of his Majesties Council and the Assistant Justices for holding the said Court on the Second Teusday in December next and that a Clause in the said Comission be added to Impower the Chief Justice or any three of the members to be a Quoram to hold the said Court
Ordered that a Comission pass the seal accordingly.
Upon Petition of the Inhabitants of White Oak new River and Topsail along the Sea Shore Praying to have a New precinct Erected from new Topsail to Batrams point on the East Side of White Oak River and this Board thereon taking into consideration the great hardship and expences The Inhabitants within the limitts above mentiond are at in going to Craterett Precinct Court
His Excelly by and with the advice and consent of his Majesties Council doth make the following Bounds in to a precinct Vizt Beginning at Bogue Inlett from Batrams point on Bogue sound including or taking it two miles on the North East side of White Oak River for the East and North East Bounds and from New Topsail Inlett Including all the Lands on the Creeks and Branches that run into New River to be the South & West Bounds of the said precinct is hereby Called and Distinguished by the name of Onslow Precinct and that a Comission issue for the same with such priviledges as other precincts have or Enjoy And it is further ordered that the said precinct shall be and Continue according to the above bounds untill there shall be a further Division of other Precinct and Counties
Ordered that a Comission of the Peace Issue for Onslow precinct Directed to James Tunis Edward Marshburn Joseph Mumford James Murry James Taylor Lazarus Thomas Thomas Johnson Capt Francis Brice Christopher Dudley Nocholas Hunter Abraham Mitchell Richard