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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
March 01, 1735 - March 23, 1735
Volume 04, Pages 38-48

At a Council held at the Council Chamber in Edenton the first day of March 1735

Present His Excellency Gabriel Johnston Esqr Governour &c
The Honorable Will Smith Esqr Member of his Majestys Council
The Honorable E. Porter Esqr Member of his Majestys Council
The Honorable Nath Rice Esqr Member of his Majestys Council
The Honorable M Rowan Esqr Member of his Majestys Council
The Honorable R Halton Esqr Member of his Majestys Council
The Honorable E Moseley Esqr Member of his Majestys Council

His Excellency the Governour was pleased to direct that the Commission for Erecting a Court of Exchequer for this Province be read which was accordingly done and unanimously approved of by this Board. Then his Excellency signed the said Commission at the Board.

Present
The Honorable Eleazr Allen Esqr Member of his Majestys Council
The Honorable Cullen Pollock Esqr Member of his Majestys Council

Mr Chief Justice Smith presented to His Excellency the Governour His Majestys Warrant directing that several Patents Issue under the Great Seal of the province constituting and appointing the said Chief Justice Chief Baron of the Court of Exchequor within this Province which was read and approved of and Ordered that several Patents issue accordingly

Edward Moseley Esqr Executor of the last Will and Testament of Capt Nicholas Crisp having in his hands the sum of £13.6.9.15 a sett of Smiths Tools and six Silver Spoons and a Bond of Mr Charletons

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for £98, belonging to Anne, Mary, Sarah Eliza and George the children of Mr. George Durant deced. is willing to put the said Estate into the hands of Mr Joseph Buncomb who hath marryed Annie the eldest daughter of the said Mr Durant and thereby hath right to one fifth part thereof. His Excellency was pleased in Council to consent thereto and Ordered that the same may be delivered to the said Joseph Buncomb he giving security in the Secretarys Office for the delivery of each the other four childrens parts as they shall severally attain to age or day of marriage

R F D Ck.

At a Council held at the Council Chamber in Edenton the sixth day of March Anno Domini 173⅘

Present His Excellency Gabriel Johnston Esqr &c
The Honorable Will Smith Esqr Member of his Majestys Council
The Honorable R. Halton Esqr Member of his Majestys Council
The Honorable N. Rice Esqr Member of his Majestys Council
The Honorable Eleazr Allen Esqr Member of his Majestys Council
The Honorable M Rowan Esqr Member of his Majestys Council

His Excellency the Governour was pleased to lay before the Board the great inconveniency that attend on the Receiver Generals living out of this Province and that as there is a considerable Arrearage of Quit Rents now due to his Majesty the same ought to be immediately collected which of course will take a considerable part of the present currency to pay off the said Arrearage which when received would be in the power of the present Recer to take out of this Province and prevent the circulation thereof amongst the Inhabitants and that as the present Receiver General is Secretary and Recer General of the Province of South Carolina, he is by virtue of his said Offices obliged to reside within the said Province by which means the receipt of his Majestys Rents here is neglected.

Wherefore to the end the receipt of the arrearage now due to his Majesty within this Province may no longer be neglected by reason of the present Recrs absence from his Office His Excey. the Governour was thereupon pleased to ask the advice of his Majesty's Council whether it would not be for his Majestys Service and the good of this Province that a proper Person residing within the same should now be appointed Recer General in the room of Jno Hamerton Esqr the present Recr General being now absent from his Office and residing at Charlestown in South Carolina till his Majesty's pleasure should be known thereon The Honoble the Council were unanimously of Opinion that a proper Person should be appointed Recr General in the room of the present Recer General who should reside within this province.

Whereupon His Excellency the Governor was please to appoint Eleazr Allen Esqr Recr Genl of this province in the room of John Hamerton

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Esqr (now absent from his Office) untill his Majesty's pleasure shall be known thereon whom the Honoble the Council unanimously approved of Ordered that a Commission pass the great Seal of this Province constituting and appointing the said Eleazr Allen Esqr Recer General of this Province untill his Majesty's pleasure be further known thereon

Whereas there has been since the Year 1725 great abuses and Frauds committed by issuing Blank Patents and in order that the said Frauds may be detected His Excellency the Governor recommended to the Board that a Committee of his Majestys Council of this Province be appointed to Enquire into the said abuses which the Council unanimously approved of Thereupon His Excellency the Governor appointed Nath: Rice, Robert Halton and Mathew Rowan Esqrs a Committee to Examine into and detect all Frauds and abuses committed by Blank Patents as aforesaid and to make report of their enquiry to this Board from time to time as they shall see cause and that the said Committee have full power and authority to send for Persons Books and Papers and to hear and determine therein in the most Solemn manner

His Excellency the Governour was pleased to sign in Council a Patent under the great Seal of this province constituting and appointing the Honoble William Smith Esqr Chief Baron of His Majestys Court of Exchequer of this province

His Excellency the Governour was pleased to declare in Councel this Day his Intention of opening the Land Office on Tuesday the 13th day of May at Newton on the No East branch of Cape Fear river for the Inhabitants of that River and places adjacent in the County of Bath and in Order to do Justice to his Majesty and prevent confusion and unnecessary disputes amongst the Inhabitauts of this Province

His Excellency was further pleased to declare in Councel that the following rules should be punctually observed in disposing of his Majestys Lands to the Inhabitants thereon

First. That all persons who have possessed Lands by any Title whatsoever shall be obliged to pay Quit rents from the time of Possession whenever required by Proclamation.

2dly. That all persons who have burned lightwood or boxed Trees for Turpentine on the Kings Lands may have a Grant upon payment of the Quit Rents when required as above from the time they first burned light-wood and the said Persons shall not be entituled to a Grant of any Lands whatsoever unless they take up such Lands as they have burned Lightwood upon.

3dly. That all Persons who during the late times of confusion have entered and possessed Lands not Legally surveyed and Patented before

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with a design to comply with His Majestys Terms when the Land Office should be opened and have cultivated and improved such Lands shall obtain a Grant preferable to all others

4. That all Persons who have taken up Lands by Warrants according to the Kings Instructions and duly surveyed the same shall have grants upon payment of the full fees the Governor without being obliged to take out new Warrants

5. That where two or more Warrants have been so obtained for the same Lands the first Warrant shall be preferred if Surveyed if neither of the Warrants have been Executed Preference to the first

6. All Persons who intend to Petition for Patents shall be obliged to give notice in writing at least one month before they apply for Lands at the Court House door of the Precinct or other the most remarkable places of their designed application and at the same time to describe the Lands they design to apply for as to their scituation number of Acres the River and Precinct where it lyes and shall be obliged to make proof of such Notice given

7. Least any thing contrary to Law in any Petition or Claim may pass unobserved no Petition or Claim shall be received before it is perused and Signed by His Majesty's Attorney General and the said Attorney shall not take above ten Shillings for a fee for such perusal and signing—Which being read the Honoble the Council unanimously approved thereof and directed the Clerk of this Board forthwith to prepare Extracts of the above Orders and rules to be observed and direct them to the Deputy Marshals in the several Precincts in the County of Bath to be by them fixed up at the most noted places of the Precincts where the Office is to be opened

His Excellency the Governour was pleased to lay before the Board a Proclamation which being read was unanimously approved of and is as follows Vizt

North Carolina—ss.

By His Excellency Gabriel Johnston Esqr Captain General and Governor in Chief of said province

A Proclamation

Whereas several persons have presumed to enter and burn Lightwood on his Majestys Land, and thereby discouraged others to take Grants of such Lands and Lessened his Majestys revenue, that such Offenders be duely punished, and the like audacious Invasion of his Majestys property be for the future prevented; I do by and with the Assent of His Majesty's Council declare and promise, that all persons who shall give Information

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to me or his Majestys Attorney General of any person, who have at any time since the first day of August in the Year 1729, burned any Lightwood into Tar or boxed any trees for Turpentine on any of his Majestys Lands in this Government, such person who makes such discovery, shall have and receive upon conviction of each Offender, the Sum of fifty pounds current Bills, Clear of all charges of the prosecution, And I do strictly charge and command, that for the future no persons presume to burn any Lightwood or box any Trees on his Majestys Land. And his Majestys Attorney General is hereby commanded forthwith to prosecute by Information in the Court of Exchequer or by Indictmt all persons who have in that manner Offended, whether by colour or pretence of Warrts Surveys or otherwise unless such persons do within the space of one month after the Land Office shall be Opened, take and procure Grants for such Lightwood Lands, and pay Quit rents from the time they first burned Lightwood or boxed trees thereon of which all persons are directed to take notice.

GAB. JOHNSTON.
God save the King.

Given at the Council Chamber in Edenton.

His Excellency the Governour was pleased to lay before the Board another Proclamation which was also read and unanimously approved of and is as follows, Vizt

By his Excellency Gabriel Johnston Esqr His Majestys Captain General and Governour in Chief in and over the said province

A Proclamation

Whereas Great number of People have sat down on His Majestys Lands and continue in possession thereof, who have never taken out Warrants for surveying the said Land, in order to a Title thereto; And divers others having Warrts have nevertheless neglected to have their Lands admeasured and return thereof made into the Secretarys Office thereby eluding the payment of his Majestys Quit rents to the great lessening of His Majestys revenue.

I do therefore by and with the advice and consent of His Majestys Council direct and require all such persons, as are seated on Lands for which no Warrts have Issued to take out Warrts for their said Lands, on or before the 2d day of February next answering otherwise they will lose the benefit of their Cultivation, and the said Lands will be deemed Vacant Land, and free for any other person to take up

And that all such persons as have taken out Warrants for their Land do return the same into the Secrys Office and apply to the Govr in Council

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for patents in pursuance thereof by the said 2d day of February, Otherwise their Warrts will be deemed null and void and the Lands claimed thereby, in like manner free for any other person to take up.

By His Excys Command
GAB JOHNSTON
God save the King
Nath Rice Secry

Upon reading this day a Petition fron the Inhabitants and others in and about Newtown on the No Et branch of Cape Fear River praying that the said place may be made a Town by the name of with all such Liberties privileges and Imunities as His Excellency the Governor and this Honoble Board should be pleased to invest the same with and this Board taking the same into consideration doth hereby Establish the same a Town by the name of ——

Provided the Inhabitants thereof do within the space of two years from the Date hereof build and erect six Brick Houses in the principal Streets of forty feet long and thirty feet deep

R. F. D. E. C.

At a Council held at the Council Chamber in Edenton the 22d day of March 1735

Present His Excellency Gabriel Johnston Esqr Governour &c
The Honorable Will Smith Esqr Memr of his Majestys Council
The Honorable Robt Halton Esqr Memr of his Majestys Council
The Honorable Nath Rice Esqr Memr of his Majestys Council
The Honorable Eleazer Allen Esqr Memr of his Majestys Council

William Smith Esqr appeared before his Excellency the Govr in Council and took and subscribed the several Oaths by Law appointed to be taken for Qualification of Publick Officers as Chief Barron of His Majestys Court of Exchequer within this province as also the oath of Chief Baron

Eleazer Allen Esqr took and subscribed the several oaths by Law appointed to be taken for Qualification of Publick Officers as Recer General of this province as also the Oath for the due and faithful performance of his said office.

His Excellency the Governour was pleased to lay before the Board the necessity of appointing two assistant Barons to the Chief Baron and accordingly appointed William Forbes and James Innes Esqrs Assistant Barons to William Smith Esqr Chief Baron of the said Province who were unanimously approved of by the Council

Ordered that a Commission pass the seal constituting and appointed the said William Forbes and James Innes Esqr Assistant Barons to the said William Smith Esq

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His Excellency the Governour was pleased to appoint Robert Halton Esqr to be usher of His Majestys Court of Exchequer within this province who was unanimously approved of by the Council and Ordered that a Commission pass the Seal of the Province constituting and appointing the said Robert Halton Esqr usher of His Majestys said Court of Exchequer.

His Excellency the Governour was pleased to appoint Robert Forster Gent Chief Remembrancer and Clerk of his Majestys Courts of Excheqr within this Province who was unanimously approved of by this Board and ordered that a Commission to pass the Seal of the province constituting and appointing the said Robert Forster Chief Remembrancer and Clerk of the said Court of Exchequer

His Excellency the Governour was pleased to appoint the Court of Excheqr to be opened and held at Newtown on the No Et Branch of Cape Fear river on the 13 day of May next and to continue and adjourn from thence to place to place and from time to time as the Court shall think fit to the 13 of November following

His Excellency the Governour was pleased to Represent to the Board that it was highly necessary for the immediate expediting and carrying on his Majesty's Service that some Person be authorized and appointed to Execute the Office of Auditor and Surveyor of his Majestys Revenues arising within this Province untill the Audr General of America shall think proper to appoint a Deputy to Execute the same.

Thereupon His Excellency the Governour was pleased to appoint William Maxwell Esqr to be Deputy Audr and Surveyor of His Majesty's Quit Rents and other Revenues within this province untill the Pleasure of the Auditor and Surveyor General of His Majestys Revenues of America be known therein who the Council unanimously approved of

Ordered that a Commission pass the Seal for the said Office accordingly

His Excellency the Governour was pleased to lay before the Board the great difficulty that would attend the Receipt of the arrearage of Quit Rents now due to his Majesty and particularly from the Inhabitants of the County of Albemarle within this province which could not be done by the Recr General alone because of the vast Extent of Ground between Currituck inlet and the head of Edgcombe precinct and in order to make the charge of the said receipt easy to His Majesty His Excellency the Governour thereupon proposed to the Council that two proper Persons be appointed Assistants to the said Recer General whose business should be to attend at the Court House in every precinct within the said County to receive the said arrearage of Rent and to give Receipts for the same

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and for which they should be allowed £5 per cent over and above what the Recer General is allowed by His Majesty for the General Receipt which this Board unanimously approved of

Thereupon His Excellency the Govr was pleased to appoint Robert Halton Esqr and Robert Forster Gent assistants to Eleazr Allen Esqr Recr General whom the Council unanimously approved of

Ordered that a Commission pass the Seal accordingly constituting and appointing the said Robert Halton and Robert Forster Assistants to the said Eleazer Allen Esqr

His Excellency the Governour was pleased to appoint Nathl Rice, Cullen Pollock and William Downing Esqrs to be Assistant Justices of the General Court of this Province who the Council unanimously approved of

Ordered That a Commission pass the great Seal of this Province accordingly constituting and appointing the said Nath Rice, Cullen Pollock and William Downing Esqrs Assistant Justices of the General Court

His Excellency the Governour was pleased to acquaint this Board that by his Majesty's Royal Instruction he is commanded to appoint two Courts of Oyer and Terminer on the second Tuesday in the Months of June and December yearly for preventing long imprisonments and as there has not hitherto been any Court of Oyer and Terminer held in the Southern parts of this province and because also His Majestys Service requiring the attendance of some of the members and officers of said Court in collecting and receiving the quit Rents the Governour was thereon pleased to appoint the said Court to be held at Newton on the N. E. branch of Cape Fear river on Tuesday the 13th day of May next

His Excellency the Governour was pleased to appoint Nathl Rice and Eleazer Allen Esqrs Assistant Judges of the Court of Oyer and Terminer and Ordered that a Commission pass the Seal for the same accordingly

His Excellency the Governour was pleased to acquaint this Board that he had lately visited the Tuskaroora Indian Town when the said Indians complained of several abuses committed by the white People living near them such as selling rum to their people in the Towns that they were prevented from hunting as usual—And also that they were very much imposed on by the People keeping Ferrys in this Province who exacted more from them for being carryed over than what was allowed by Law and very often refused carrying them at all

The Council thereon advised His Excellency to Issue his Proclamation regulating the above abuses

R. FORSTER, D. C. E.

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At a Council held at the Council Chamber in Edenton the 23d day of March 1734 [1735]

Present His Excellency Gabriel Johnston Esqr Governour &c
The Honorable Will Smith Esqr Member of His Majestys Council
The Honorable Robt Halton Esqr Member of His Majestys Council
The Honorable Nath Rice Esqr Member of His Majestys Council
The Honorable Eleaz Allen Esqr Member of His Majestys Council

His Excellency the Governour 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 Nath Rice, Robt Halton Eleazer Allen, Mathew Rowan, Roger Moore James Innes Edward Hyrne David Evans Thomas Clifford Joshua Gabriel Job How and John Swann Justices of the precincts of New Hanover to sit and hold a Court on the second Tuesday in March, June September and December annually

His Excellency the Governour by and with the advice and consent of his Majesty's Council doth order that a Commission pass the Seal of this Province constituting and appointing Edward Marsburn Charles Harrison James Foyle Abraham Mitchel, Nicholas Hunter Christopher Dudley, John Starkey Charles Jefferys —— Shubridge Thomas Fullwood Christian Heidleburgh Jos. Morgan Justices of the peace for the precinct of Onslow to sit and hold a Court on the first Tuesday in April July, October and January annually

His Excellency the Governour 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 Mathew Rowan William Forbes Samuel Woodward Cornelius Harnet John Davis Hugh Blaning John Dallison John Grange Joseph Clark John Clayton Ephraim Vernon and Griffith Jones Justices of the peace for the precinct of Bladen to sit and hold Court on the third Tuesday in March June September and December annually

His Excellency the Governour 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 West James Castellaw George Winn John Bonde John Holbrook Peter West James Lockhart John Edwards, John Gray, Thomas Witmel Junr Thomas Hansford Rowland Williams Samuel Taylor Nicholas Fairless William Short Justices of the peace for the precinct of Bertie to sit and hold a Court on the Second Tuesdays in the months of May August November and February annually

His Excellency the Governour by and with the advice and consent of his Majesty's Council doth order that a Commission pass the Seal of this province constituting and appointing Robt Turner Dr Patrick Maule

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Lemon Alderson Sesith Pilkington John Caldon Charles Odeon Thomas Tyson Abraham Pritchard Thomas Smith William Corbin Samuel Sinclair and William Barrow Justices of the peace for the precinct of Beaufort and Hyde to sit and hold Court on the second Tuesday in the months of June, September Dec. and March yearly

His Excellency the Governour 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 Thomas Lovick Richard Rustal Joseph Bell Enoch Ward Richard Whitehouse Arthur Mabson James Salter, Joseph Calvert, Thos Dudley John Nelson —— Wilkins Thomas Austin Justices of the peace for the precinct of Carteret to sit and hold a Court on the first Tuesday in March, June September and December annually

His Excellency the Governour 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 George Roberts William Hancock Thomas Masters John Bryan William Brice Adam Moore John Fonvielle Daniel Shines Joseph Hannis Simon Bright Nicholas Routlege and William Trapnal Justices of the peace for the precinct of Craven to sit and hold a Court on the third Tuesday in March June September and December annually.

His Excellency the Governour by and with the advice and consent of his Majestys Council doth order that a Commission pass the Seal of this province constituting and appinting E Porter John Montgomery Robert Foster Charles Webster Aaron Blanchard Thomas Garret John Sumner Charles King William Houghton Henderson Luten Abraham Hilliard William Hill Esqrs Justices of the peace for the precinct of Chowan to sit and hold a Court on the third Thursday in the months of April July, October and January yearly.

His Excellency the Governour 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 Zebulon Clayton Richard Saunderson James Sumner Thos Doctan Jacob Chancey Joseph Sutton Nathl Carruthers James Sitterson John Stepney Marmaduke Norfleet John Stephenson and Thos West Justices of the peace for the precinct of Pequimons to sit and hold a Court on the third Monday in the months of April July October and January yearly.

Ordered that a Commission pass the Seal constituting and appointing Cullen Pollock William Downing Samuel Spruil Stephen Lee Richard Lairy Jr Jno Swain Edward Smithwick William Gardener John Nairn Jno Worley Jr Samuel Wheatley William Wilson Justices of Tyrril

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precinct to meet the first Tuesdays in March June September and December annually.

His Excellency the Governour 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 John Solly David Bailey Gabriel Burnham Simon Bryan Robt Lowry Senr William Bryan Charles West Thomas Hunter Benjamin Alexander James George Oliver Salter and William Relf Esqrs Justices of the peace for the precinct of Pasquotank to sit and hold a Court on the second Tuesdays in the months of April July October and January yearly

His Excellency the Governour 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 Isaac Davis John Man Thomas Lowther Lewis Jenkins Luke White Samuel Williams William Lowry and Henry Brag Esqrs Justices of the peace for the precinct of Curratuck to sit and hold a Court on the first Tuesday in the months of April July October and January yearly

R. F. D. C. E.