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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 02, 1734 - November 29, 1734
Volume 04, Pages 1-4

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[From the MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.

North Carolina.

At Brunswick on Cape Fear River in New Hanover Precinct November the 2d 1734.

The Honble Robert Halton Eleazer Allen and Roger Moore Esqrs Members of His Majestys Council and several of the Principal Gentlemen Inhabitants of the said Province being assembled and met together in the Court House of Brunswick aforesaid His Excellency Gabriel Johnston Esqr declared that he had Received Letters Patents from his Majesty constituting and appointing him to be Captain General and Governour in Chief in and over his Majestys Province of North Carolina and Terretories thereunto belonging as also a Commission appointing him Vice Admiral of the same which his Excellency caused be read and Published openly in the said Court House.

The Clerk of His Majestys Council being now at a considerable distance from this Place His Excellency was pleased to appoint Mr William Maxwell Clerk of the Council pro tempore who was sworn in accordingly.

Then the Honble R Halton Elezr Allen and Roger Moore Esqrs were before his Excellency the Governor Sworn of His Majestys Council of this Province in pursuance of a Royal Instruction for that purpose and took and subscribed the several Oaths by Law appointed to be taken for their qualification.

Then his Excellency Gabriel Johnston Esqr. before the Honoble the Council aforesaid took and subscribed the several oaths by law appointed to be taken for his Qualification as Governour in Chief of this His Majestys Province and Terretorys thereunto belonging as also the Oath for strictly observing the Laws of Trade and Plantation within this Government.

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At a Council held at the Court House in Brunswick aforesaid the Second day of November Anno Dom 1734.

Present His Excellency Gabriel Johnston Esqr Govr &c
The Honble Robert Palmer Esqr Member of His Majestys Council
The Honble Eleazr Allen Esqr Member of His Majestys Council
The Honble Roger Moore Esqr Member of His Majestys Council

His Excellency the Governour was pleased to order a Proclamation to Issue Requiring and commanding all Officers Civil and Military within this His Majestys Province to continue to Execute their several and respective Offices untill farther Orders And that all such Officers of the Crown who have lately been either suspended prevented or removed from the execution of their said offices Do forth with resume the same and Act therein notwithstanding any late orders to the contrary which the Honorable the Council approved of

Ordered That a Proclamation Issue accordingly. By order

W. MAXWELL, Cler. Con. pro. tem.

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At a council held at the Court House in Brunswick

Present His Excellency Gabriel Johnston Esqr Gov. &c
The Honble Robert Halton Esqr Member of His Majestys Council
The Honble Eleazr Allen Esqr Member of His Majestys Council
The Honble Roger Moore Esqr Member of His Majestys Council

His Excellency the Governor was pleased to lay before the Board that since His arrival he had been acquainted by several of the principal Merchants and Traders of this Place of the many and great inconveniences that have and do still arise to the Trade and Commerce of this Province by the great Multiplicity of Counterfeit Bills of Credit issued by Vagaboud and Idle people passing from one part of the Government to another. To the End therefore that the said vagabond and idle persons may the sooner be detected in their Villany and brought to condign Punishment for the same His Excellency the Governour by and with the advice and consent of his Majestys Council doth order that a Proclamation forth with issue requiring and commanding all Persons whatsoever to aid and assist in bringing to Justice all offenders of that kind and for granting a reward of fifty Pounds to any person who shall bring to Justice any one who shall be convicted of said offence and for promissing His Majestys most gracious Pardon to any of the Accomplices of such Criminals who shall discover one or more of them so as they be taken and convicted of the same according to Law Provided such discovery be made within Two Months from the Date hereof

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Ordered That the Provost Marshall forthwith cause the said Proclamation to be published at the Court house door in every Precinct within this Province and a Copy thereof to be there affixed By Order

Wm MAXWELL Cler. Con. pro tem.

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At a Council held at the Court House in Brunswick 29th day of Nov. Anno Dom. 1734

Present His Excellency Gabriel Johnston Esqr. Gov. &c.
The Honble Eleazr Allen Esqr Member of His Majestys Council
The Honble Roger Moore Esqr Member of His Majestys Council

William Smith, Mathew Rowan and Edward Moseley Esqrs appointed by His Majestys Royal Instructions Members of Council for this Province appeared at the Board and took and subscribed the Several Oaths by Law appointed be taken for their Qualification as also the Oath of a Councillour and their place at the Board Accordingly

Present
The Honorable Will Smith Esqr Member of His Majestys Council
The Honorable Mathew Rowan Esqr Member of His Majestys Council
The Honorable Edwd. Moseley Esqr Member of His Majestys Council

His Excellency the Governor was pleased to acquaint this Board that he had instruction for constituting and appointing Two Courts of Oyer and Terminer held yearly within this Province for preventing long imprisonments Vizt on the 2d Tuesday in the Months of December and June

His Excellency thereupon with the advice and consent of His Majestys Council doth order that a Commission of Oyer and Terminer and General Goal delivery for the Province do forthwith issue in pursuance of His Majestys Royal Instructions for holding the said Court constituting and appointing the Honoble William Smith Esqr Chief Justice Nath Rice, Cullen Pollock, Edmd Porter and William Downing Esqrs Judges of the said Court to be holden at Edenton on the 2d Tuesday in December next

His Excellency the Governor was pleased to represent to this Board the great necessity of calling together the General Assembly of this Province to enact such good and wholesome Laws for the benefit of his Majesty's Subjects as he hath been graciously pleased to recommend by His Royal Instructions to him for that purpose

Thereupon His Excellency the Governour by and with the advice and consent of His Majestys Council doth order that Writts forthwith issue requiring the Freeholders of the several Towns and Precincts within

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this Province to meet at the usual places on the first day of January next to choose their representatives to meet at Edenton the 15th day of January aforesaid to sit in General Assembly

And whereas the said Writts cannot regularly issue without passing the great Seal of this Province which is now at a great distance from this place thereupon His Excellency the Governor for expediting the same was pleased to order and impower John Montgomery Esqr His Majestys Attorney General to take into his Custody and possession the great Seal of this Province and cause the same to be affixed to the Writts now Ordered to Issue

Then His Excellency was pleased to adjourn the Board till four of the Clock in the Afternoon.

The Board met according to adjournment

Present His Excellency Gab. Johnston Esqr Governour &c
The Honourable Will Smith Esqr Member of His Majestys Council
The Honourable Mathew Rowan Esqr Member of His Majestys Council
The Honourable Rt Halton Esqr Member of His Majestys Council
The Honourable Roger Moore Esqr Member of His Majestys Council
The Honourable Eleaz Allen Esqr Member of His Majestys Council
The Honourable E. Moseley Esqr Member of His Majestys Council

His Excellency the Govr by and with the advice and consent of His Majestys Council Doth order that a Commission pass the seal of this Province constituting and appointing Robert Halton Eleazr Allen Roger Moore, Maurice Moore, Edward Hern, David Evans, James Innes, Edward Smith, Saml Swann, John Davis, John Swann, Thomas Merrick and Job How Esqrs Justices of the Peace for the Precinct of New Hanover.

His Excellency the Governor by and with the advice and consent of his Majesty's Council doth order that a commission of the Peace and Deds pass the seal constituting and appointing Mathew Rowan, Wm Forbs Nath Moore John Dallison, Cornelius Harnett, Hugh Blaning, Edward Mitchell, Thomas Jones, Joseph Clark, Ephra. Vernon, John Grange and John Clayton Esqrs Justices of the Peace for the Precinct of Bladen By order

Wm MAXWELL Cler. Con. pro tem