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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
September 04, 1735 - September 29, 1735
Volume 04, Pages 53-63

At a Council held at —— the 4th Sept Anno Domini 1735

Present His Excellency
The Honoble Will Smith Esqr Member of Council
The Honoble M Rowan Esqr Member of Council
The Honoble N. Rice Esqr Member of Council
The Honoble E. Moseley Esqr Member of Council
The Honoble R Halton Esqr Member of Council
The Honoble R. Moore Esqr Member of Council

His Excellency was pleased to lay a form of a patent before this Board which was approved by a Majority of His Majestys Council Tis therefore Ordered That all Grants to be made of his Majestys Lands within this Province be of the Form and tenor following Vizt

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George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c

To all to whom these presents shall come—Greeting

Know ye that we for and in consideration of the rents and return therein reserved have given and granted and by these presents for us our Heirs and successors do give and grant unto        a Tract of land containing        Acres of land lying and being in the County of        in our Province of North Carolina        as by the plot hereunto annexed doth appear together with all woods waters Mines minerals Hereditaments and appurtenances to the said Lands belonging or appertaining (one half of all Gold and Silver mines excepted) to hold to him the said        Heirs and assigns forever as of our Manner of East Greenwich in our County of Kent in free and Comon Sockage by Fealty only yielding and paying to us Our Heirs and Successors for ever the yearly rent of Four Shillings proclamation money for every hundred acres hereby granted to be paid to us our Heirs and successors on the second day of February in each Year at such places in our said Province as our Governour for the time being with the advice and consent of our Council shall think fit to direct and appoint provided always that in case the said        Heirs and Assigns shall not within the space of three years after the date hereof clear and cultivate according to the proportion of three Acres for every hundred; and also that if a minute or Docket of these our Letters patent shall not be entered in the Office of our Auditor General for the time being in our said province within six months from the Date hereof that then and in either of the said cases these our Letters patents shall be void and of none effect In testimony whereof we have caused the Great Seal of our said province to be hereunto affixed Witness our trusty and well beloved Gabriel Johnston Esqr Our Captain General and Governour in Chief at        this        day of        in the        Year of our reign Anno Domini

It having been represented to His Excellency the Governour that divers tracts of Land have formerly been surveyed by virtue of Warrants without the Surveyors being first sworn to the faithful Execution of his Duty in that behalf His Excellency by and with the advice and consent of his Majesty's Council was pleased to make the following order Vizt

That all Surveyors who shall hereafter be appointed and directed to admeasure and lay out Lands by virtue and in pursuance of the Governours Warrant to the Surveyor General shall before any land be run out as aforesaid be duely sworn to the faithful Executn of his said Office and trust as also that the Chain Carriers be sworn in like manner.

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His Excellency the Govr by and with the advice and consent of His Majestys Council was pleased to order that a Proclamation immediately issue requiring all persons in possession of Lands for which no Warrants have issued to take out Warrants for the said Land on or before the 2d day of February next ensuing otherwise to lose the benefit of their cultivation and the said Land to be deemed vacant Land and free for any other Person to take up. And that all persons having Warrants do return the same to the Secretary's Office and apply for Patents by the said 2d day of February otherwise their Warrants to be deemed null and void and the land in like manner free for any others to take up.

Read the Petition of the following Persons setting forth That they obtained Warrants from the late Govr which have been duly executed and returned and praying Patents for the same Vizt

Thomas Fall for 200 Bladen, Ditto 200 Ditto, Thos Lock 190 Ditto Ordered That patents issue accordingly

Read the Petition of Thomas Hall setting forth that he obtained His Excellency's Warrant for 560 Acres in Bladen which has been duely executed and returned and praying a Patent for the same

Ordered that a Patent issue accordingly


September 5th 1735
Present His Excellency
The Honoble Will Smith Esqr Member of Council
The Honoble E Moseley Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Nath Rice Esqr Member of Council
The Honoble R. Moore Esqr Member of Council

Read the Petitions of the following Persons setting forth That they obtained Warrants from the late Governour which have been duly executed and returned and praying Patents for the same Vizt

George Gibbs 200 Bladen, Griffin Jones 350 Ditto, Griffin Jones 160 Bladen, Jno White 640 Bladen, Pet Evans 200 Bladen, Ev Ellis 450 Bladen, Thos Lock 190 Ditto, Do 196 Ditto, Grif Jones 350 Do, Do 350 Do, Wm Mason 400 Bladen, Jno Polhton 250 Do, Sara Lewis 160 Bladen, Step Brock 409 Do, Eph Vernon 657 Do

Ordered that Patents issue accordingly

Read the Petitions of the following Persons setting forth that they obtained Warrants from the late Governour which have been duely executed and returned and praying Patents for the Same vizt

Jane Husbands 640 Bladen, Jos Waters 320 Ditto, Hugh Campbell 640 N. Hanover, Edwd Mitchell 640 Bladen, Thos Lock 640 Do, Geo Gibbs 320 N. Hanover, Nath Rice 640 Bladen, Do 640 Do, Edward

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Jones 640 Bladen, Edwd Mitchel 640 Do, Jane Husbands 640 Do, Mary Vail 400 Do, Hugh Campbell 640 N. Hanover, Nath Rice 320 Bladen, Mich Blocker 640 Do, Jos Waters 200 Do

Ordered that Patents issue accordingly


September the 9th 1735
Present His Excellency
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble Math Rowan Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble E Moseley Esqr Member of His Majestys Council
The Honoble Robt Halton Esqr Member of His Majestys Council
The Honoble R Moore Esqr Member of His Majestys Council

Read the petitions of the following Persons setting forth that they obtained Warrants from the late Governour which have been duely executed and returned and Praying Pats for the same vizt

John Green 640 Bladen, Wm Forbs 640 N. Hanover, St Holingsworth 640 Bladen, Jo Clark 640 Do, Do 640 Do, Robert Forster 640 Bladen, Jno Montgomery 320 Do, Jno Hill 640 Bladen, Jno Montgomery 320 Do, M. Rowan 640 Do, Wm Cane 320 N Hanover, Wm Forbes 640 Do, Ja Campbell 640 Bladen M Rowan 600 Bladen, Jas Espy 640 Do, Robt Forster 640 Bladen, Jno Green 640 Do, Jas Campbell 640 Do, Wm Forbes 640 N. Hanover, Benfitz Randolph 640 Do, Jos. Clark 260 Do, Robt Forster 640 Bladen, Do 640 Do, Da Lewis 200 Do, Geo Gibbs 640 N. Hanover Jno Montgomery 320 Do.

Ordered that Patents issue accordingly

Read the Petitions of the following Persons setting forth that they have obtained Warrants from his Excellency which have been duely Executed and returned and praying Patents for the same Vizt

Jno Russ 360 Bladen, Jas Carver 640 Do, Chas Benbow 640 Do, Jno Linscomb 300 Do, M Rowan 176 Bladen, W Norton 700 Do, Thos Freeman 400 Ditto, Hugh Blanning 320 Ditto, Geo Gibbs 640 Ditto, Ja Lyon 640 Ditto, Wm Lord 640 Ditto, Richard Heller 2000 Bladen, Phil Wilkinson 400 Do, Mich Blocker 300 Do, Jno Hodgson 600 N Hanover, M Rowan 144 Bladen, Jas Carver & Chas Benbour 640 Bladen, Richd Richardson 640 Bladen, Jno Hodgson 600 N. Hanover, Jas Lyon 500 Bladen, Jno Hodgson 600 N. Hanover, Mathew Rowan 230 Do

Ordered that Patents issue accordingly


September the 10th
Present His Excellency
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 E. Moseley Esqr Member of His Majestys Council
The Honorable M. Rowan Esqr Member of His Majestys Council
The Honorable R. Moore Esqr Member of His Majestys Council
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Read the Petition of Clemt Machons of the Island of Jersey in the Kingdom of Great Britain by his Attorney Joshua Gabourel Setting forth that some time ago Moses Machon arrived here in Cape Fear and purchased a certain tract of Land scituate on the N. W. Branch of this river and seated and cultivated the same and had a large stock of Cattle and Hogs thereon that some time afterwards the said Moses Machons business called him to N. England where he died intestate That thereupon Roger Moore Esqr procured a Warrt in his own name for the said Land he now praying a Patent for the same the said Joshua Gabourel in behalf of the aforesaid Clemt Machon opposed the said Petition and on hearing the arguments on both sides it is the opinion of this Board that the property of the said Land be and is in the said Clemt Machon Whereupon the said Gabourel prayed a Warrt in the name and to the use of the above named Clemt Machon which accordingly is Granted

Read the Petition of Jam Welch setting forth that he formerly obtained a Warrant for a tract of Land under the proprs opposite to the thoroughfare and had built and cleared thereon and praying a Patent for the same

Whereupon his Excellency was pleased to Order the Petitr to prove the Allegations set forth in the said Petition which he failing to do it is the unanimous opinion of this Board that he has no right to the said Land and that Roger Moore Esqr have a Grant or Patent for the said Land in consequence of a Warrant he the said Moore obtained from the late Govr Burrington

Read the Petitions of the following Persons setting forth that they obtained Warrants from the late Governour which have been duely executed and returned and praying Patents for the same Vizt

Jos Sowl 640 Bladen, Ja Innes 640 Ditto, Wm Forbes 1000 N. Hanover, Jno Brook 400 Bladen, Jno Worth 640 Ditto, Wm Gray 108 N. Hanover, Jno Arthur 640 N Hanover, Ja Innes 640 Bladen, Wm Gray 350 Bladen, Jas Innes 320 Do, Wm Gray 350 Do, Jas Innes 320 Do, Ed Harrison 640 Do, Jas Innes 320 N Hanover, Do 640 Bladen, Wm Gray 350 Do.

Ordered that Patents issue accordingly

Read the petition of Geo: Perry and Giles Hicks setting forth that they obtained Warrants from his Excellency for 640ac and 320 acres which have been duely executed and returned and praying Patents for the same

Ordered that Patents issue accordingly

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September 11th
Present His Excellency
The Honoble W. Smith Esqr Member of His Majestys Council
The Honoble M. Rowan Esqr Member of His Majestys Council
The Honoble N. Rice Esqr Member of His Majestys Council
The Honoble E Moseley Esqr Member of His Majestys Council
The Honoble R Halton Esqr Member of His Majestys Council
The Honoble R. Moore Esqr Member of His Majestys Council

Read the Petition of Jno Calkings setting forth that one Baxter had sureptitiously obtained a Warrt for 640ac of Land part of the said Calkings Land which he had taken up in South Carolina before the Boundary Line was run it being designed then to belong to that Government but the same now falling within this Government he prays a Warrant for the said Land by him taken up as aforesaid Vizt 1100ac and that the said Baxter's Warrt be vacated

Ordered that a Warrant issue to the said Calking for the said 1100ac of Land and that the said Baxters Warrant be vacated and cancelled as prayed

Read the Petitions of the following Persons setting forth that they obtained Warrts from the late Govr which have been duely executed and returned and praying Patents for the same Vizt

Wm Bartram 400 Bladen, Jno Dallison 640 N. Hanover, Do 640 Ditto, Eliz Dallison 640 Ditto, Jno Watson 640 Bladen, Lewis Febuer 640 Bladen, Wm Flavel 640 Do, Henry Sistims 640 Do, Jer Bigfurd 320 N. Hanover

Ordered That Patents issue accordingly

On motion of the Attorney General in behalf of the Survr Genl setting forth that it will be impracticable for the said Survr to survey the several tracts of Land in New Hanover and Bladen Precincts ordered to be resurveyed without the Patents

Ordered that the Several Patentees of such Lands when thereto required do produce their several and respective Patents to the Surveyor Genl and if any Person fail in obedience to this order the said Surveyor General is hereby directed to inform His Majestys Attorney General of their refusal he is ordered to prosecute all and every person so refusing in His Majestys Court of Exchequer

Read the Petitions of the following Persons setting forth that they obtained Warrants from His Excellency which have been duely executed and returned and praying Patents for the same Vizt

Thos Assop 640 N Hanover, Andrew Soleyree 1808 Bladen, Cath Edwards 200 Do, Zebulon Clayton 300 Do, Richd French 1000 Do, John Davis 308 N. Hanover, St Holingsworth 250 Bladen, Zeb Clayton 700 Do, Henry Simmons 360 Do, Richd French 300 Do, Mich Dyer 320 N Hanover

Ordered that Patents issue Accordingly

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September 13th
Present His Excellency
The Honoble W. Smith Esqr Member of His Majestys Council
The Honoble R. Halton Esqr Member of His Majestys Council
The Honoble E. Moseley Esqr Member of His Majestys Council
The Honoble R. Moore Esqr Member of His Majestys Council

Read the Petitions of the foll. Persons setting forth that they obtained Warrants from the late Govr which they have duely executed and returned and praying Patents for the same vizt

Thos Mathews 400 Bladen, Zebulon Clayton 250 Ditto, Roger Haymer 640 Ditto, Timothy Bloodworth 300 N. Hanover, Richd Hellier 200 Bladen, Jno Maultsly 300 Do, Do 320 Do, Richd Sanderson 250 Do, Do 750 Do, Do 500 Do, Jno Dallison 640 N. Hanover, Warren Bauldwin 100 Bladen, Jno Maultsly 300 Ditto, Rd Mullington 640 N Hanover, Roger Hayns 640 Bladen, Rd Sanderson 150 Do, Richd Hellier 200 Do, Jno Watson 640 N. Hanover, Jno Marshal 300 Do, Mary Harnet 640 Bladen

Ordered that Patents issue accordingly.

Read the Petitions of the following Persons setting forth that they obtained His Excellencys Warrant which have been duely executed and returned and praying Patents in Consequence thereof Vizt

Jas Hasel 400 N. Hanover, Do 320 Ditto, Rd Dun 150 Bladen, Jno Winning 350 Bladen, Do 350 Ditto, Rd Dun 150 Bladen, Do 320 Do, Wm Lord 640 Do, Moses Plumer 300 Do, Rd Dun 320 Bladen, Jno Dalzel 432 Ditto, Moses Plumer 250 Ditto, Wm Smith 1000 N Hanover, Wm Gray 500 Bladen, Benjm Sowle 320 Bladen, Do 320 Do, Moses Plumer 250 Do

Ordered that Patents issue accordingly

Read the Petition of Zebulon Clayton setting forth that he obtained his Excellency's Warrant for 700ac which have been duely executed and returned and praying a Patent for the same

Thos Lock appeared and acquainted this Board that he had seated and cultivated the said Land and therefore prayed a Warrant for the same and that the said Claytons Warrant be cancelled both which Petitions having been considered by the Board

It is Ordered that the said Zebulon Clayton have a Patent for the Land for the said Land He praying the said Thos Lock for his Improvements.

On motion of Roger Moore Esqr praying that Grants for certain tracts of Land which he alledges to belong to him that have passed the Council may be stopped from going out till he shall be heard thereon Vizt Jno Debzal 430ac on the N. W. river joining Land of Jno Montgomery, Moses Plumer 350 on the N. W. on Swann's Creek and 300ac

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on the N. W. joining Rd Singletary's upper Line, Ben Sowl 300ac on the N. W. above Swann's Creek, 320ac on Hammond's Creek, Moses Plumers 250ac opposite Swann's Creek, Wm Lord 640 on the N. W. joining Wm Hawksworths Land

Ordered that the said Patents lye in the Secretarys Office till the 20th of January next.

Upon application of Rd Evans Ordered that Col Maurice Moore do forthwith get his Warrant executed for laying out to him a Plantation on Barnet's Creek to the end it may be known where Richard Evan's Survey is to begin he having a subsequent Warrant for Land on the said Creek.

Edward Moseley and Roger Moore Esqrs desired the following papers might be read in Council which was accordingly read Vizt

His Majesty by his Royal Instruction to the late Govr Burrington having directed him not to grant to any person more than fifty Acres for every white or black man, woman or child of which the Grantees Family shall consist at the time the Grant shall be made

And His Majesty having given an Instruction to the Present Govr in the very same words Edward Moseley and Roger Moore Members of his Majesty's Council for this Province are of Opinion the same Instructn ought to be observed they move that before any Grant be signed Proof should be made of the No Persons in each grantees family so as to entitle him to the Quantity of Land mentioned in the Grant

They also humbly desire leave to enter in the Council Book this as their Protestn against any Grant being signed other than such as shall be conformable to the Royal Instruction both with respect to the form of the Grant and the No of acres comprized therein.

His Excellency the Governour by and with the advice of his Majestys Council was pleased to allow the said Paper to be entered in the Journal of this Board but rejected the rest of the motion because he knows of no such Instruction directing not to Grant to any Person more than 50ac for every white or black man woman or child of which the Grantees Family shall consist and in case such an Instruction had been it was the Duty of the Members who made this Motion to have done it before the Grants were Ordered in Council which would have saved a great charge to the Persons applying

Ordered that the arrears of his Majestys Quit Rents due in the County of Bath be collected in March next

His Excellency was pleased to adjourn the Council to the 22d Instant to meet at Newbern

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North Carolina.

At a Council held at Newbern on Nuse River on the 24th day of September Anno Dom 1735

Present His Excellency the Governour
The Honoble William Smith Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council

The Board adjourned till to-morrow morning 10 of the Clock


Thursday 25th September

Met according to Adjournment

Present as before

Read the Petition of Martin Frank setting forth That he obtained a Patent from the late Lords Proprietors for 10175 Acres of Land and paid the then Recer General £20.3.10 purchase money for the same but that the Date of the said Patent being since the Kings purchase of the Soil he apprehends the same to be invalid and therefore prays a Warrant for said Land or such part thereof as his Excellency the Governour shall think meet and that he may be permitted to surrender and give up his said Patent Whereupon his Excellency the Governour was pleased to ask the said Martin Frank whether by threats or persuasions he was induced to surrender the said Patent to which he answered in the Negative declaring that he voluntarily freely and of his own accord did surrender and give up the said Patent which accordingly was surrendered and given up and Ordered to be lodged in the Secretary's Office

Then the said Martin Frank made oath on the Holy Evangelists of whom and before what means he purchased the said Patent

His Excellency the Govr by and with the advice and consent of His Majesty's Council was pleased to order that Warrants issue to the Surveyor General to admeasure and lay out to Martin Frank 500 Acres of Land in two several places

Read the Petition of Col William Wilson setting forth that he was Erecting a saw mill on a branch of Brice's Creek therefore prays a Warrant for 300ac of Land for the Support of the said Mill Whereupon the said William Brice appeared and prayed the said Petition might be rejected for that the Land Petitioned for by said Wilson was his and that he had several Barrels of Turpentine, pitch and tar upon the said Land to which twas answered that the Land on which said Brice had made turpentine &c as aforesaid was not the 300ac petitioned for as above by Col Wilson but a tract of 340ac adjoining to the 300ac

Whereupon His Excellency the Govr by and with the advice and consent of His Majestys Council was pleased to order a Warrt to issue as prayed by said Wilson he permitting the said Brice to remove his turpentine

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&c if any happen to be on the said Wilson's Land provided he the said Brice takes up the forementioned 340 acres of Land

The following Petitions were this day preferred and read setting forth that they the Petitioners had obtained Warrants from the late Governour Burrington which having been duely executed and returned they praying Patents for the same which were accordingly granted Vizt

Francis Dawson 200ac Craven, Jacob Sheets 640 do, Joseph Parry 537 Onslow, William Wilson 1300ac Craven, Thos Lovick & Fras Thorton 640 Carteret, Edwd Sowle 517 Onslow

Adjourned till tomorrow 10 of the Clock


Fryday the 26th of September 1735

Met according to adjournment

Present as before

Read the Petition of Mathew Reasonover setting forth that he obtained the Governours Warrant for 176 Acres of Land on the So side of Trent river which having been surveyed and returned into the Secretary's Office prays a Patent be Granted and Ordered that a Patent issue accordingly

Read the Petition of Martin Frank setting forth that he had the late Govr Burrington's Warrt for 400ac of Land in Craven Precinct which has been duely surveyed and returned prays a Patent

Ordered that Patents issue accordingly

Adjourned till to morrow 10 of the Clock


Saturday 27th September 1735

Met according to adjournment

Present His Excellency the Governour
The Honoble William Smith Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council

John Slocum appeared at this Board and declared he obtained a Patent from the late Secretary Richard Everard dated in the year 1724/30 and pray leave to surrender the same which is Granted.

Ordered that the said Slocum deliver said Patent into the Secretary's Office

Read the Petition of Jno Fonville Esqr setting forth that he purchased three several patents for Land on Nuse River and that one Capt Joseph Hanine have also two several Patents interferring (as he conceives) with your Petitioners Patents

Therefore prays a resurvey be made of the said Lands so that the Boundarys may be ascertained according to the Courses of each Patent

Ordered that the Surveyor General do resurvey the Lands mentioned in the said Petition and that he make report to this board of his doings therein.

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The following Petitions were this day Preferred and Read directed to His Excellency the Governour in Council setting forth that they the said Petitioners had obtained Warrants from the late Governour Burrington Vizt

George Roberts 461 Craven, Jas Green 578 Do, George Roberts 553 Craven, Thos Hogg 316 Craven, John Murphy 627 Do

And the said Warrants being Surveyed and returned into the Secretarys Office they the Petitioners pray Patents for the same. Granted.

Then this Board adjourned till Monday Morning


Monday 29th September 1735

Read the Petition of Martin Franks setting forth that he is possessed of a tract of Land on the North side of Trent river joyning Thos Pollocks Land by virtue of an old Patent for 640ac of Land and being apprehensive that more Land is contained within the said Tract than the compliment. He therefore prays a resurvey of the said Land and in case there should be found a surplusage he prays a Warrant for the same being willing to pay his Majesty the Quit rents from the time of his Purchase of this province which by the advice and consent of His Majestys Council His Excellency was pleased to Grant.

Ordered That the Surveyor General be and is hereby directed to resurvey the aforesaid Lands and that he make report of his doings therein to this Board

Read the following petitions setting forth that they the Petitioners by virtue of the late Governour Burrington's Warrant Vizt

Robt Jones Craven 640 in Peter Pitmans name
Alex Steel Craven 440 in Peter Pitmans name

had surveyed the said Lands and a return thereof is lodged in the Secretarys Office they therefore pray Grants or patents

Ordered that Patents issue accordingly

Read the Petition of Christian Slaubaugh setting forth that he obtained a Warrant to survey 212 Acres of Land in Craven precinct which was duely surveyed and returned into the Secretary's Office He prays a Patent which is Granted

Ordered that a Patent issue accordingly

Read the petition of Jno Letcher Miller setting forth that he obtained a Warrant to survey 613 Acres of Land in Craven that the same was duely survey and returned into the Secretarys Office therefore prays a Patent Granted

Ordered that a patent issue accordingly