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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
November 01, 1732 - November 08, 1732
Volume 03, Pages 424-429


Wednesday Novr 1st

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Nath Rice Esqre Member of His Majestys Council
The Honoble R Halton Esqre Member of His Majestys Council
The Honoble Jno Bapt Ashe Esqre Member of His Majestys Council
The Honoble John Lovick Esqre Member of His Majestys Council
The Honoble Edmd Gale Esqre Member of His Majestys Council

His Excelly the Govr cause a Letter from Corns Harnett Esqr to be read which is in these words vizt No 1

His Excelly the Govr produced a Letter from Corns Harnet Esqr a Member of his Majestys Council of this province desiring Leave of his Excelly to Resign his place in Council.

John Montgomery Esqr His Majestys Attorney General in Obedience to the order of this Board the 31st of July last Exhibited a Draft of a Commissn for Erecting a Court of Exchequer within this Province which is ordered to lye on the Table for consideration.

His Excelly the Governr caused his Majestys 42d Instruction to be read and desired the council Opinion thereon, who taking the same into Consideration are unanimously of Opinion that Every person has thereby a Claim to take 50 acres of Land for himself and for Every White and Black person in his family he making Oath before a Magistrate of the Number he Claims

-------------------- page 425 --------------------

Upon Petition the Inhabitants on the south side of Moratoke River that are not annexed to Edgecombe precinct praying that the Inhabitants from Hoskins Line at the Rainbow Banks upon a Straight line to Blounts old Town on Tarr River and so up Roak River to the Line of Edgecombe be added to Edgecombe prect the council taking the same into consideration do consent that the above Limits and bounds be added to Edgecombe precinct

His Excelly the Governour by and with the advice and consent of His Majestys Council doth Establich and Confirm the Limits before recited to be within Edgecombe precinct

Ordered that a Dedimus Issue constituting & appointing Capt John Speir and Capt William Whitehead Justices of the Peace for & within Edgecombe precinct

Upon Petition of the Inhabitants on both sides of the No Wt river of Cape Fear praying to have a New precinct Erected from Mr Epraim Vernons Plantation Exclusive thence to the midway between the No Wt & N E Rivers keeping a Line of equal Distance from both Rivers to the heads of them for the No & E bounds of the same and from the said Mr Ephraim Vernons to the nearest part of Wiccamaw River and so up the said River for the So & Wt bounds. His Excelly the Governor by and with the advice and consent of his Majestys Council doth Erect and make the before mentioned bounds into a precinct to be hereafter Distinguished & called Bladen precinct with all such rights and Privilidges as other precincts within this province have and Enjoy. And it is further Ordered that the sd precinct shall be & continue according to the above bounds untill there shall be a further Division of other precinct and Counties

Ordered that a Comission pass the seal appointing and Constituting Mat Rowan John Davis Nat Moore Corns Harnett, Hugh Blaning Joseph Clark John Clayton Epraim Vernon John Earle Richard Singletory James Camble & William Salter Justices of the Peace for and within Bladen precinct which sd Justices shall sit & hold the Court for the sd precinct on the third Tuesday in the Months of December March June and September Yearly

Read a paper directed to His Excelly the Governr sign by Nath Rice & John Bapt Ashe Esqrs which is in the words Vizt No 2

To which paper His Excelly gave in the following Answer Vizt No 3

Then His Excelly adjd the Board till tomorrow Morng Ten of the Clock

-------------------- page 426 --------------------

Thursday Novr 2d

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Nath Rice Esqre Member of His Majestys Council
The Honoble Jno Bapt Ashe Esqre Member of His Majestys Council
The Honoble Robt Halton Esqre Member of His Majestys Council
The Honoble John Lovick Esqre Member of His Majestys Council
The Honoble Edmd Gale Esqre Member of His Majestys Council

Read the Peton of Edward Moseley Esqr praying a warrt be granted him to the Survr Genl for three Thousand One hundred Acres of Land he having Sixty two white and Black persons in his Family

Granted the sd Moseley proving his Right on Oath

Read the Petition of Roger Moore Esqr praying a Warrant may be granted him for five Thousand acres of Land he having a Claim thereto from the Number of persons his Family consist of

Granted the said Moore proving his Right

Read the Petition of Mr John Porter praying a warrt may be granted him for three Thousand one hundred acres of Land he having a Claim thereto from the number of Persons his Family Consist of

Granted the sd Porter first proving his Rights

Read the Petition of John Lovick Esqr praying a Warrt may be granted him for Seventeen hundred and fifty Acres of Land he having a Claim thereto from the number of Person his Family consist of

Granted the sd Lovick first proving his Right

His Excelly the Govr laid before this Board a Paper which was read in these words Vizt No 4

Accordingly Mr Martin Franks was called and declared on oath that Mr Ashe sometime last January told him he was going home this spring to England and if any of his Countrymen would contribute any thing to it he would represent their Grievances for that they would not be imposed upon which the said Franks said none of his Countrymen would give any thing to him upon that account but said if he would appear about the Pollocks Land that the Germans would give him One hundred and fifty pounds meaning money of this Country upon which the sd Ashe declared he would not be concerned in that affair

Read the Petition of the Inhabitants of Craven precinct in these words Vizt No 5

This Board thereon are of Opinion that the matter properly lyes before the Surveyr General of the Customs and desire his Excelly to recommend the same to him since it appears it will be of so much interest to the Trade & settlement of that River

His Excelly the Governr desired to know of Mr Rice and Mr Ashe whether they were summoned to appear at the Council held the 17th of

-------------------- page 427 --------------------
Last Month who answered they were, but were prevented by sickness from attending

Adjd till to morrow morning at Ten of the Clock


Fryday Novr 3

Present
His Excelly George Burrington Esqr Govr &c
Mr Rice
Mr Ashe
Mr Halton
Mr Lovick
Mr Gale}

It is the Opinion of this Board that if any person claiming Lands for the future shall have a Right to any Quantity of Land Exceeding 640 Acres as formerly or otherwise if it shall be more Beneficial or Convenient to the parties to take out their Warrants or Grants in one parcel that the fees accruing to the several Officers be the same as if taken out in seperate Tracts which may hereafter be at the Choice of the Parties Claiming Lands And it is the Opinion of this Board that Every person Claiming Lands on Rights proved and filed in the Secry Office shall be Exhibited to have a Warrant or Warrants for the said Lands Granted.

Mr Ashe no answer to his Excelly Question yesterday put in the following answer thereto Vizt No 6

Read the Petition of Cornelious Harnett and Hugh Blanning Esqrs in behalf of themselves and other relating to pine Lands Lying near or adjacent to saw mills which Petitions are in these words Vizt 7 & 8.

It is the Opinion of this Board that their prayer to the Grant of a Larger Quantity of Lands than is proposed by the Kings Instructions cannot be allowed, but as they think the prayer in its self reasonable and would at Great service to promote the Trade of the Country. His Excelly is desired to recommend the matter to His Majesty praying an Instruction thereon and in the mean time it is ordd that no Warrants shall be Issued nor pine Lands surveyed lying adjacent to or within Two miles of any saw mill now Erected or which is actually Erecting or hereafter within any that shall be Erected or actually be Erecting till His Majestys pleasure shall in favour of the purport matter of the sd Petition then the Erectors of such saw mills have the Refusal of such Lands for the use of such saw Mills

Adjd till to morrow morning Ten of the Clock


Saturday Nov 4

Present His Excelly &c

The General Court having sent to this Board a Copy of the Sentence this day pronounced against Joseph Haynes and Ann Pettifer having been capitally convicted of the Murther of John Pettifer

-------------------- page 428 --------------------

His Excelly thereupon by and with the advice and Consent of his Majestys Council doth order that a warrant Issue to the Provost marshall or his Deputy to cause the said Sentence against the said Joseph Haynes & Ann Pettifer to be put in Execution according to Law on Monday next between the Hours of Ten and Two

Mr Attorney General Having made a Motion for a Writt of Enquiry to discouver what goods and Chattles Anne Pettifer was Seized of at the time of the said Annes Conviction of Petty Treason for aiding and Encouraging Joseph Haynes in the Murther of John Pettifer her late Husband The Board Thereupon refers the matter to the consideration of the Ch Justice and his Assistants

His Excelly the Governr delivered the following paper which was read & is in these words Vizt No 9


At a Council held at the Council Chamber in Edenton the 7th day of November Anno Dom 1732

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Nath Rice Esqre Member of His Majesties Council
The Honoble John Bapta Ashe Esqre Member of His Majesties Council
The Honoble Robt Halton Esqre Member of His Majesties Council
The Honoble John Lovick Esqre Member of His Majesties Council
The Honoble Edmd Gale Esqre Member of His Majesties Council

The Draft drawn by Mr Atto General for Erecting a Court of Exchequer was this day read and referd to the Consideration of Mr Secry Rice & Mr Lovick Members of this Board and the Chief Justice for the time being who are to make their Report thereof at their next sitting on the Last Tuesday in December next

Ordd That a Comission pass the seal of this province (in pursuance of His Majestys Royal Instructions) Constituting and appointing the Chief Justice for the time being the Members of His Majestys Council and the Assistant Justices of the General Court Members of the Court of Oyer and Terminer to be held for this Province on the second Tuesday in December next

Read the Petition of John Bapta Ashe Esqr praying a Warrent may be granted him for Two Thousand of Land he having a Claim thereto from the Number of persons his Family consist of

Granted his proving his Rights.

John Montgomery Esqr produced to this Board a Deputation from James St John Esqr Appointing the said John Montgomery Deputy Inspector & Compr of His Majestys Quit Rents within this Province which was read and allowed of.

-------------------- page 429 --------------------

Wednesday Novr 8th

Present
His Excelly George Burrington Esqr Govr &c
The Honoble Nath Rice Esqre Member of His Majastys Council
The Honoble Jno Bapta Ashe Esqre Member of His Majastys Council
The Honoble Robt Halton Esqre Member of His Majastys Council
The Honoble John Lovick Esqre Member of His Majastys Council
The Honoble Edmd Gale Esqre Member of His Majastys Council

Read the Petition of the Inhabitants of the Town of Newbern & precinct of Craven Shewing &c No 10

Referd to the next council