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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
October 03, 1735 - October 18, 1735
Volume 04, Pages 64-67

At a Council held at Bath Town Fryday the third day of October 1735.

Present His Excellency the Governor
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council

Adjourned till to morrow 10 Oclock


Saturday 4th October 1735

Met according to adjournment

Present as before

Read the Petition of Benjamin Peyton praying that a Patent be Granted him for 640ac of Land in Beaufort Precinct on the So side of Pamplico River on the Wt side of So of dividing Creek

Dr Pat Maule appeared at this Board and prayed he might be heard thereon before said Petition should be Granted

Ordered that it lye over till November next

Read the Petition of William Webster setting forth that he obtained a Warrant from Charles Eden Esqr for 565 Acres of Land on South dividing Creek of pamplico River and that he had purchased one of the late Proprietor's Patents for the said Land which he prayed leave to surrender and that he might have a Warrant for said Land which is accordingly Granted

Ordered that on the said Webster's Surrender of the said Patent and the return of the Warrant this day Granted he have a Patent for the same

William Webster came before this Board and surrendered the abovementioned Patent Whereupon His Excellency the Governour Interrogated him thereon whether by threats or perswasion he was induced to give up his patent to which he answered that he freely willingly and of his own accord surrendered and gave up the same.

The following Petitions were this day preferred and read setting forth that they the said Petitioners had obtained Warrants from the late Governour Burrington Vizt

Simon Bright 546 Craven, Jno. Garzie 1280 Beaufort, Jas Campaine 420 Do, Wm Stevens 640 Edgcombe, Wm Wallace 640 Beaufort, Isaac Buck 440 Craven, Robt Turner 640 Beaufort, Jas Adams 100 Do, Saml Slade 600 Do, Mich Neal 640 Edgcombe, Robt Campaine 640 Beaufort, Josias Little 500 Do, Benj Peyton 640 Do, Robt Turner 640 Do, Jos Adams (180 retd) 185 Do, Robt Campaine 640 Do, Thos Little 640 Edgcombe, Joseph Barrow 300 Hyde, Wm Martin 400 Beaufort, Benj Peyton 640 Do

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The said Warrants being returned into the Secretary's Office they pray Grants for the same.

Ordered that Patents issue accordingly

Read the Petition of Robert Peyton Senr praying a Patent in Consequence of Warrants obtained from the late Governour Burrington for 1190 Acres of Land

Robert Turner appeared at this Board and acquainted his Excellency that said Peytons survey was contrary to His Majesty's Royal Instruction for running out of Lands

Ordered that said Peytons Land be resurveyed and that two platts be made thereof and produced to this Board

At a Council held at the Court House in Bertie Precinct on Wednesday 15th day of October 1735

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

The Honoble Board met pursuant to His Excellencys Proclamation and adjourned till tomorrow morning 10 of the clock

Thursday 16th day of October 1735

The following Petitions were preferred and read setting forth that they the said Petitioners obtained Warrants from the late Governour Burrington Vizt

Will Badham 600 Bertie, Jas Thompson 640 Beaufort, Jas Thompson 200 Edgcombe, Jas Thompson 300 Edgcombe, Jno Boyd 250 Do, George Norril 430 Bertie

Which having been surveyed and returned into the Secretarys Office they pray Patents pursuant thereto

Ordered that Patents issue accordingly

Read the Petition of Jno Fitzgerald praying a Warrant for five hundred acres of Land on the No side of Fishing Creek on which John Boyd producing a Warrant of the late Governour Burrington for said Land surveyed.

Ordered that a Patent issue in the said Boyds name

James Jones his Petition was Read setting forth that he had the late Govrs Warrant for 640 acres of Land which was surveyed and returned Robt Forster Gentn alledged that said Warrant was in trust for him upon which his Excellency was pleased to Interrogate the said Jones who confessed the truth of said Forsters Allegation

Ordered that a Patent issue in said Forsters name

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Read the Petition of William Badham setting Forth that Jno Miller obtained from the late Governour a Warrant for 631 Acres of Land which said Warrant the aforesaid Miller assigned and sett over to the said Badham the said Warrant has been duely Surveyed and returned into the Secretarys Office he the said Badham having assigned his right thereto to Jno Speir prays a patent may issue in his the said Speirs name. Granted

Ordered that a patent issue in said John Speirs name accordingly

Read the Petition of Colonel Alston setting forth that he purchased rights and had a Warrant for 250 Acres of Land and surveyed and returned the same and prayed a Patent the Revd Jno Boyd produced to the Board a Warrant of a prior date surveyed &c Whereupon his Excellency by and with &c Ordered that a Patent issue in the said Boyd's name

Then the Board adjourned till tomorrow


Fryday 17th October 1735

The Board met according to adjournment

Present as before

Read the following Petitions setting forth that they the said Petitioners obtained Warrants from the late Governour Vizt

James Kirby 200 Edgcomb, Aaron Hasel 286 Bertie, Do 350 Do, Do 390 Do, Francis Young 613 Edgcombe, Robert West 300 Do, Henry West 640 Edgcombe, Do 640 Do, Epaphro Moore 490 Bertie, Edwd Simmons 640 Edgcombe, John Cotton 340 Bertie

Which Warrants having been surveyed and returned into the Secretarys Office they the said Petitioners pray patents thereon

Ordered that Patents issue accordingly

Read the Petition of the Inhabitants of Tar River setting forth that they are 20 families in number

That Simon Jeffries Deced obtained in his own and in his Son Osborns name three Patents for 1000 Acres of Land on said River the Warrants for which have been so run out as to take in 15 miles on the said River

That the Orphan of one Boyd hath a purchase Patent for 7000 Acres of Land beginning on Town Creek which will take in most of their Settlements

That one of the Pollocks has purchased patents for 5 Surveys and Town Creek and several others lay claim thereto thō they never made any settlements.

That your Petitioners have been at great charge in cultivating and improving the aforesaid Lands and have the late Governor Burringtons Warrants for the Lands whereon they have settled

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Therefore must humbly pray that the aforesaid Jeffrys' Land and the Lands held by Purchase Patents be resurveyed

Whereupon His Excellency the Governour by and with the advice of his Majestys Council was pleased to order that Mr Attorney General doth forthwith Enter a Prosecution against the several patentees mentioned in the aforesaid Petition in his Majesty's Court of Exchequer.

Then the Board adjourned till tomorrow 9 of the Clock in the forenoon.


Saturday the 18th October 1735

Met according to adjournment

Present as before