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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 16, 1732
Volume 03, Pages 417-419

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At a Council held at the Council Chamber in Edenton the 16th day of May Anno Dom 1732

His Excelly George Burrington Esqr Govr &c
The Honoble Joseph Jenoure Esqre Member of His Majesties Council
The Honoble Robt Halton Esqre Member of His Majesties Council
The Honoble Matt Rowan Esqre Member of His Majesties Council
The Honoble John Lovick Esqre Member of His Majesties Council
The Honoble Edm Gale Esqre Member of His Majesties Council

Read the Petition of the south side of Roanoke River Fishing Creek and places adjacent praying to have a New precinct Erected from the County line on the south side of Roanoke River and from thence down the South Side of Said River to the mouth of Conoconaro from thence in a Straight Line down to Blounts old Town on Tarr River observing the Courses of said Line to Neuse River and from thence to the North East Branch of Cape Fear River with such Powers and Privilidges as other precincts within this Province have and Enjoy.

His Excelly the Governour taking the said Petition into Consideration and from the several Reasons contained therein and by and with the advice and consent of His Majesties Council Doth hereby Ordain make and sett off the bounds above mentioned Vizt from the Country Line on the South side of Roanoke River and from thence down south side of said River to the mouth of Conoconaro from thence in a Streight line down to Blounts old Towne on Tarr River observing the Courses of said Line to Nuse River and from thence to the North East Branch of Cape Fear River into a precinct which is hereby Distinguished by the name of Edgecombe precinct & invested with all such Powers and Priviledges as other precincts have or enjoy untill a further Division of precincts or Counties be made

His Excelly the Governour by and with the advise & Consent of This Board doth order that a Comission pass the seal of this province Constituting and appointing Colo Henry Gaston, Major James Millikin, Docter James Thompson, Capt John Pratt, Joseph John Alston, Docter John Bryant, John Hardy, James Speir Francis Elleby, William Kane, John Pope and Edward Young Justices of the Peace for and within Edgecombe precinct with all such power and Priviledges as other Justices have and enjoy in any Precinct within this Province.

Ordered that the Justices of the Precinct Court of Edgecombe do sit and hold the said Precinct Court on the third Tuesday in the months of August November February and May yearly.

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Several of the Members for Bertie Precinct being now in the Commission of the peace for Edgecombe precinct His Excelly the Governour thereupon with the advice of his Majesties Council Doth order that a Comission of the peace pass the seal of this Province Constituting and appointing Colo Robert West, Benjamin Hill, John Bonde Thomas Bryant John Speir John Holbrook William Lattermoor Thomas Kearney James Lockhart Francis Pugh Peter West Edmund Smithwick John Edwards John Harrell Needham Bryant and John Soan Justices of the Peace for and within the Prect. of Bertie.

His Excelly the Governour desired the Opinion of this Board Whether he should proceed to state the publick accounts. Who are of the Opinion that the said Accounts should be left till the arrival of His Majesties Recr General & Auditor of this Province.

His Excelly the Governour with the advice of His Majesties Council doth order that a Comission and Deds pass the seal of this Province constituting and appointing Roger Moore Richard Husbands James Tuness Edward Hern John Davis Job How Hall Esqrs Roger Haynes John Marshall Hugh Blaning Joseph Clarke David Evans and Edward Smith Gent Justices of the Peace for New Hanover Precinct in the County of Bath within this Province.

The Petition of John Lovick Esqr late Secretary of this Province and William Little Esqr late Recr General of the same was read in these words Vizt

North Carolina—ss.

To His Excelly George Burrington Esqr Capt General and Governr in Chief and the Honoble the Council now sitting at Edenton May 16th 1732.

The Petition of John Lovick late Secretary of said Province and William Little late Recr General.

Whereas Mr Smith late Chief Justice of this Province has Exhibited a Petition to the King against His Excelly the Governour therein also accusing us with several things very Grosly and falsely insinuated (a Copy of which Petition we having obtained) do lay the same before this Honoble Board, and humbly begg leave to declare Our innocence as to the several matters so falsely charged against us And Mr Smith in his Petition having accused the Govr not only of having skreen'd and protected us from prosecutions at Law for Male practices in Our offices of Secretary and Recr General, but for participating within our Unlawfull gains in the sd Offices.

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We do hereby solemnly declare that the same is utterly false and Groundless and that we have so behaved that we were under no apprehensions of Prosecutions, and further that if we had, we should not have dared to have made any such motion to him. And we also further Declare that we never made any present to the Governour upon that or any other account, other than small matters as Neighbours which the Govr has returned in the like Civilitys: And as to the Lands sold the Governour, which Mr Smith seems to make such an Outcry about, the matter was truly thus, We having as Commissioners for running the Boundary Line betwixt this Government and Virginia pursuant to the order of Council for it, taken up about Eight Thousand acres of Lands near the mountains to Reimburse us for our Expences in that service, which sometime after the Govrs arrival we acquainted him with, who having heard there was Lead Oar upon those Lands, told us, that if we would part with them, he would purchase, them and give us such a price as any others would, and we being very willing to part with the same (they lying at a great Distance and out of the way) we agreed to let the Govr have them at double the value they originally stood us in, and Deeds were made of the same to the Governr accordingly and Publickly Executed, being acknowledged in Open Court and we further Declare that we are well satisfied it was the value of those Lands, and that were they again our we would part with them again for the same money. This we declare to be Truth and are ready to make Oath thereto in Vindication of His Excelly from so false a Charge, he having never threatned us about them, or used any force or compulsion to make us part with the sd Lands, but it was done Voluntarily & freely & a fair Purchase. And We humbly pray the Govr if His Excelly please to declare in Council upon Oath what he knows of us relating to those matters which Mr Smith has represented in such a Scandalous & Malitious manner in his Petition aforesd


Thereupon the said John Lovick and William Little were Sworn in Council to the Facts mentioned in said Petition.

His Excelly the Govr thereupon directed the Petition of Mr Smith to the King to be Read which was in these words Vizt

To the Kings most Excellent Majesty, &c

(This Petn and ye Depoc̄ons thereon is in a book marke A B)