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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 03, 1735 - November 29, 1735
Volume 04, Pages 67-73

North Carolina.

At a Council held at the Council Chamber in Edenton November the 3rd 1735

Present His Excellency Gabriel Johnston Esqr Govr
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble E Moseley Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble R Moore Esqr Member of His Majestys Council
The Honoble E. Porter Esqr Member of His Majestys Council

A Message from the Representatives praying that His Excellency would appoint some person to qualify them. His Excellency accordingly appointed Edward Moseley and Roger Moore Esqrs to qualify the said Representatives

His Excellency the Governour was pleased to recommend to the Board the settling of the Exchange between Sterling and the currency of this Province for the Direction of the Receiver General and his Assists in receiving the Arrearage of His Majestys Quit Rents now due which was accordingly done at seven for one to be paid by all persons paying Bills of Credit of this Province for their Quit Rents instead of Sterling Money.

At a Council held the 5th November 1735

Present His Excellency the Governour
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble E Moseley Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble R Moore Esqr Member of His Majestys Council
The Honoble E. Porter Esqr Member of His Majestys Council

Read the Petition of Robert Braswel praying a Patent may be granted him for 150 Acres of Land in Craven lying on the So side of Urakaw Swamp and is surveyed and returned into the Secretary's Office which is Granted the said Braswel giving first publick Notice by affixing an Advertisement at the Court House Door in the Precinct where the Land lyes three weeks before the Patent Issues

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Read the following Petitions directed to His Excellency the Governour in Council setting forth that they obtained Warrants from the late Governour Burrington Vizt

Francis Parker 640 on So side Fishing Creek, Davie Hopper 640 on Kehukee Swamp, Wm Merrit 100 on the No Side of Kehukee Swamp, Jno Starky 400 on Et side White Oak River, Robert Turner 115 on So Dividing Creeks, Simon Parker 300 on No side of Swifts Creek, Francis Parker Jun 300 on So side Morrattock river, Jno Benlow Edg. 450 on Buck Medow assigned to Benj Foreman

Which were surveyed and returned into the Secretarys Office and hath advertised the same pursuant to the Rules prescribed and Prayed Patents may be granted them for the same

His Excellency the Governour was thereupon pleased in Council to order that the above Patents issue as prayed for

Upon Petition of Martin Lyon praying to have Patents granted him on two several tracts of Land each containing 640 Acres lying in Bertie Precinct which are Surveyed and returned into the Secretarys Office His Excellency the Governour was pleased to order that Patents issue for the said Lyon he first giving Notice in the Precinct where the Land lyes three weeks before the Patents issue

Upon Petition of William Kellingsnor Praying to have Patents granted him on two tracts of Land lying on the So side of Morattock River surveyed and returned into the Secretary Office His Excellency the Governour was thereupon pleased to order that Patents issue to the said Kelingsworths for the said two tracts he first advertising the same pursuant to the Rules prescribed

Upon Petition of Seth Pelkington praying that Patents may be granted him on two several tracts of Land Vizt 320ac lying on the So side of Pamplico river and 640 Acres on the No side of Pamplico River adjoyning the Plantation whereon he now lives both which Tracts are surveyed and returned into the Secretarys Office His Excellency the Governour was thereupon pleased to order that Patents issue to the said Pelkington as prayed for he first advertising the said pursuant to the rules prescribed

Upon Petition of Francis Pugh praying patents may be granted him for two tracts of Land Vizt 640 Acres of Land on the head of Grindel Creek and 300 Acres more on the aforesaid Creek which are surveyed and returned into the Secretarys Office His Excellency the Governour was thereupon pleased to order that Patents issue as prayed for to the said Pugh he first advertising the same pursuant to the rules prescribed

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Upon Petition of Jno Mills praying a Patent may be granted him for 320ac of Land in Beaufort whereon he now dwells being surveyed and returned into the Secretarys Office His Excellency the Governour was thereupon pleased to order a Patent to issue as prayed for the said Mills first advertising the same pursuant to the rules prescribed

Upon Petition of George Downing praying a Patent may be granted him for 640 Acres of Land lying in Bertie Precinct joyning on William Bresswell and Richard Sumners Line which is surveyed and returned into the Secretary's Office His Excellency the Governour was thereupon pleased to order a Patent to issue as prayed for the said Downing first advertising the said Land pursuant to the rules prescribed

Upon petition of James Rigney shewing that he purchased the right title and claim of Thos Rigney who obtained a Wart for 500ac of Land lying in Beaufort on the No side of grindals Creek which is surveyed and returned into the Secretarys Office praying a Patent may be granted to him in his name for the same. His Excellency the Governour was thereupon pleased to order a Patent to issue in the Petrs name for the said Land provided the said survey did not come within the Lines of a Survey this day granted to Mr Francis Pugh.

Read the Petition of Thomas Corprew and referred to the 20th Instant and Ordered that the Reverd Docr Garcia and Mr Robert Boyd be summoned to appear on the said day

Read the Petition of Thomas Bonner and referred to the 20th Inst and Ordered that —— Wallis be summoned to appear on the said day.


Council 11th November 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

Upon Petition of John Nairn setting forth That he has a Patent for 640ac on Murrattock River some of the Courses of which were omitted praying a resurvey And that he obtained of Sr Richard Everard a Wart for 200ac in Bertie adjoyning thereto which has been executed and returned and therefore prays a Patent &c

It is ordered that J Nairn have a Warrt for said Lands and that the same be surveyed agreeable to the survey made by Jno Gray in 1720 and not according to said Nairn's patent and that so much of Robert Radfords Warrant Dated 15 of Decr 1732 which takes in any part of the said Nairns Land in the aforesaid plott be vacated and that a patent issue to the said Nairn for the said 200ac as prayed for

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Mr Surveyor General Wardroper in pursuance of an Order of this Board passed the 28th day of March last for surveying of a tract of Land known by the name of Kaldonia belonging to the Estate of Colo Maule deceased now appeared at the Board and made a return of said plot and the parties concerned appearing and the matter being fully heard it is the opinion of this Board that the same doth not lye before them.


At a Council the 13th day of November 1735
Present His Excellency the Governor
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble Edmd Porter Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble Edward Moseley Esqr Member of His Majestys Council

His Excellency the Governour was pleased to acquaint this Board that the power Granted to the Court of Exchequer to adjourn from place to place and from time to time was this day expired and as there were several Bills in that Court now depending His Excellency the Governour was pleased to continue the said Court with Power to adjourn from time to time and from place to place to the 25th day of December next which the Honoble the Council were pleased to assent to.

Upon Petition of William Carruthers praying Patents may be Granted him for two several tracts of land lying on the No side of Nuce river in Beaufort Prect. which are surveyed and returned into the Secretary's Office and hath advertised the same His Excellency the Governour was thereupon pleased to order patents to issue as prayed for

Read the Petition of Aaron Tyson Planter shewing that his Father in the year 1710 Warranted surveyed and returned into the Secretarys Office 1150 Acres of Land in Hyde lying on the East side of Matchapungo River which is well improved and cultivated but that soon after the survey was made, His Father in Defence of the Country was killed by the Indians, and no Patent was then taken out for the same he being an Orphan, but has by his Guardian paid Quit Rents for the same, whenever they were demanded, and he being now of full Age, prays a Patent may be granted him for the same.

Ordered that a Patent be granted to the said Aaron Tyson provided the survey thereof can be found in the Secretarys Office

Upon Petition of Edmond Peirce praying a Patent may be granted him on Warrants from the late Governour Vizt 400ac Beaufort on Swift's Creek joining to Dr Maule and 100ac back of the Land he lives on which are surveyed and returned into the Secretarys Office

Ordered that Patents issue as prayed after due advertisement

Upon Petition of Pasco Bartlet shewing that about Eighteen years ago he purchased of Jno Bathurst 140ac of Land lying in Beaufort on

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the Et side of the No Dividing Creeks of Pamplico river which was Warranted in Govr Eden's time and surveyed and returned into the Secretary's Office by Mr Patrick Maule Depy Sur. and that he has cultivated and improved the said Land from the time of the said Purchase till now and prays a Patent for the same

Ordered that a Patent issue as prayed for provided the Warrant is returned into the Secretarys Office and that the Land be duly advertised


At a Council held the 20th of November 1735
Present His Excellency
The Honoble Mr Chief Justice Esqr Member of His Majestys Council
The Honoble Mr Secretary Esqr Member of His Majestys Council

Read the petition of Thomas Corprew complaining that the Reverd Mr Gazzia had run out land belonging to him at pamplico and both being present and the matter fully discussed

Ordered that the said Petition be rejected

Ordered that the surveyor General cause a Resurvey to be made on the Lands claimed by R. Moore lying between Capt Innes and Shalands called Shutes over against the Indian Walls on the No Et side of the No Wt river of Cape Fear a return thereof made to his Excellency in Council on or before the 25 of March next.

Ordered That the Surveyor General cause a resurvey to be made on the Land claimed by Zebulon Clayton lying on the No Et side of the No Wt branch of Cape Fear river joyning Shutes Land on the lower side and Richard Hilliard on the upper side

Ordered that the Surveyor General cause a Resurvey to be made of the Lands belonging to Cullen Pollock Esqr and Mr George Pollock and the Heirs of Thos Pollock Esq Deced lying on Nuce River and a report thereof to make to this Board on or before the 25th day of March next

Ordered that the surveyor General have copies from the Secretarys Office of all such patents as he hath directions to resurvey.

Ordered that the Surveyor General signify to his several Deputys within this Province that they do not at their Peril for the future execute any Warrant for land of a Prior date to the 13th August last after the 13 of February next all such Warrants being by Order of the Governor in Council and that for the time to come no Warrant be surveyed if not put into the Deputy Surveyors hands within 7 months after their date and likewise that he acquaint his Deputy that they do not survey any Land for the future without first swearing the Chain Carriers agreeable to a late order made by His Excellency the Governour in Council

Thos Bonners Petition Read and referred to the 10th of Decer next.

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At a Council held at Edenton the 29th of November 1735
Present His Excellency the Governour
The Honoble Will Smith Esqr Member of His Majestys Council
The Honoble E. Porter Esqr Member of His Majestys Council
The Honoble Nath Rice Esqr Member of His Majestys Council
The Honoble E. Allen Esqr Member of His Majestys Council
The Honoble Robt Halton Esqr Member of His Majestys Council

His Excellency the Governour ordered the minutes of Council from the 24th September to the 20 Instant to be read there having been but 2 Members present at the Councils held within that time vizt at New Bern Bath and Bertie some of the rest being then upon Publick business elsewhere and others indisposed the said minutes being accordingly read the Members now present for their Opinion they all consented and ordered the same to be entered in the Council Journal

In order to the forming just rent roll His Excellency proposed that for the future before any Patents issue out of the Secretarys Office every Grantee should make Oath before the Secretary how long he has been in Possession of the Land mentioned in said Grant either by cultivation or by Warrant and that Copys of the said Oath to the Recer General and Auditor to which this Honoble Board assented

Whereas by an Order passed the 13 inst the Court of Exchequer had only power of adjourning from time to time and from place to place untill the 25th day of December next His Excellency the Governor was pleased further to continue the said Court with power of adjourning from time to time and from place to place untill Lady Day 1737 which the Council unanimously approved of

Read the following Petitions Vizt

Saml Woodward 1000 Craven, Sam Johnston 1000 Do, William Gray 2000 Craven, Jas Trotter 1000 Do

Setting forth that they have Warrants granted them in Council for the said Land which are surveyed and returned into the Secretarys Office praying patents may be granted them for the same

Ordered that patents issue accordingly

Ordered that in pursuance of a royal Instruction for Erecting two Courts of Oyer and Terminer yearly a Commission issue to hold the said Court at Edenton the second Tuesday in December next Directed to the Honoble Wm Smith Esqr Chief Justice Mr Secretary Rice, Colo Porter and Wm Downing Esqr

His Excellency the Governour informed this Board that he had lately reced a letter from Mr Dobbs and some other Gentlemen of Distinction in Ireland and Mr Henry McCulloh Mercht in London representing their intention of sending over to this Province several poor Protestant Familys with design of raising Flax and Hemp that the said Gentleman had

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appointed Capt Woodward as their Attory who had been at a considerable Expence in finding out a large body of Land and now applied for a Grant of 60.000 acres for that purpose on Black River in N. Hanover Precinct being ready to give Security for the payment of His Majesty's Quit Rents for the said Land as the same shall become due and the Governour declaring his intention of Granting the said Lands to the said Mr Dobbs &c after the same was surveyed and returned into the Secretarys office the Council unanimously approved thereof.

Mr Surveyor General having applied for a Copy of the patents belonging to Roger Moore Esqr commonly called the Cowpen which he could not find under the name of the Cowpen

Ordered that he have a Copy of the said Moores Patents for 5000 acres.