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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 13, 1739 - November 23, 1739
Volume 04, Pages 351-355

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At a Council held at Newbern 13 November 1739
Present His Excellency
The Honoble Nath Rice Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Robt Halton Esqr Member of Council
The Honoble Edwd Moseley Esqr Member of Council

Ordered that the Assembly be prorogued to Thursday the 15th Instant there not being a sufficient number of Members to make an upper House and that a proclamation issue accordingly.

Read the Petition of Thos Jackson for a Warrant to resurvey a tract of Land on the So side of Meherrin Creek in Bertie held by James Castellaw for six hundred and forty acres as also another tract held by Elizabeth Cheshire on Roanoak in the said County praying the surplusage of both Granted only as to the resurvey


Thursday the 15th November 1739 Present as before
Will Smith Esqr and
Eleazer Allen Esqr

His Excellency was pleased to acquaint the Board that the Assembly being prorogued to this Day 22 of the Members of the lower House waited on his Excellency to inform him that there was a Majority of Burgesses arrived in town that 23 had met together in obedience to his Majesty's Writ expecting the rest would have joined them when the contrary returned for answer by 3 of the said 23 who carried a Message to them from their Body purporting their desire that they might assemble together in order to form a House that they Were not at Leisure that afterwards one of the said 23 left them also so that 4 out of 26 were absconded which occasioned that they could not make a House the Blame thereof lying entirely at their Doors who had so absented themselves But that they desired it might be taken notice that for their parts they were there upon the Spot and ready to do their duty And then His Excellency demanded the opinion of the Council concerning such secession who after some discourse upon the subject in relation to the point of Law unanimously agreed that a Prorogation would be the best Expedient in the present Emergency and accordingly advised his Excellency to prorogue the Assembly to Monday next

Ordered thereupon that a Proclamation issue to prorogue the Assembly to Monday the 19th Instant


Monday the 19th Present as before

His Excellency was pleased to observe to the Board that on Thursday last several Members of the lower House of Assembly absenting so that there could be no lower House the Assembly was prorogued to this day and that now such a number have likewise withdrawn themselves as to

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prevent making a house—Whereupon he desired the opinion and advice of the Council

Col Moseley proposed further prorogation for 2 days.

Mr Chief Justice took notice the Assembly had been already prorogued twice and that [no] more Members have assembled the Second time than before that the Wind is against those other Members that are expected from Pasquotank and other parts thereabouts so that there is no likehood of making a House if it should be Prorogued and that they were they to set the end of his Excellencys calling them together is not like to be answered by reason of the Heats and Animosities that reign among the Members whom he alledged were not a proper Representative of the People few of the Electors having come to the last Election by reason a former Election had turned out so ill that they thought it would be to no purpose and therefore were indifferent who were sent

That he thought twas beneath the Dignity of the other part of the Legislature to wait any longer for a lower House when so many of the Burgesses have contemptuously withdrawn themselves that for these Reasons he was for a Dissolution

Mr Rowan observed that the Members in Town did as good as say they did not expect Members enou[gh] would come to make a House and therefore was for a Prorogation to February or a Dissolution and the question being put whether the Assembly should be prorogued or dissolved the Majority was for a Dissolution and accordingly it was ordered that the Present Assembly be Dissolved and that a Proclamation issue to that effect

Ordered that Writts issue for a new Assembly returnable at Newbern on Tuesday the fifth of February next and that the day of Election be the fifteenth of January and that Proclamation be made accordingly


At a Council held at Newbern Tuesday 20 November 1739
Present His Excellency
The Honoble Will Smith Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Nath Rice Esqr Member of Council
The Honoble Edwd Moseley Esqr Member of Council
The Honoble Robt Halton Esqr Member of Council

Read sundry Petitions for Patents as follows Vizt

Moses Prescot 280 Beaufort, Jos Jno Alston 500 Edgcombe, Robt Anderson 300 Tyrril, Do 640 Do, Do 300 Do, David Andrews 96 Craven, Warren Andrews 200 Tyrril, Jno Bryant 400 Bertie, Edwd Boykin 100 Do, Edwd Byrd 198 Do, Edwd Boykin 100 Do, Edwd Buxton 160 Edgcombe, Wm Bright 62 Craven, Nevil Bell 200 Carteret, George Carter 200 Edgcombe, Ant Cox 300 Craven, Elias Hodges 140 Edgcombe, Jno Hodges 300 Do, Frans Hopton 200 Do, Robt Hays 600 Craven, Jno Hadler

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400 Do, Garrel Hyman 200 Do, George Grahams 100 Craven, Frans Grice 450 Edgcombe, Thos Goodman 500 Do, Nichs Harper 87 Do, Arthur Jordan 150 Bertie, Morgan Morgan 320 N. Hanover, Wm. Moor 300 Bertie, Jno Mathews 300 Craven, Jas McCwean 400 Do, Wm Phipps 150 Beaufort, Edwd Poor 540 Edgcombe, Do 200 Do, Jno Perrit 400 Do, Lewis Johnson 100 Craven, Cha King 300 Do, Thos Kirby 300 Do, Wm Cannady 320 Tyrril, Jno Lysles 300 Edgcombe, Jos Lane 200 Do, Thos Merrit, 400 Do, Jno Slad 200 Craven, Andrew Wallace 300 Do, Edwd Williams 300 Do, Wm Wiggins 200 Do, Moses Tilman 383 Do, Sam Cannady 200 Edgcombe, Thos Carraway 379 Craven, Jno Dawson 320 Edgcombe, Do 250 Do, Francis Dawson, 600 Craven, Nath Draper 640 Beaufort, Jno Dawson (188 retd) 185 Bertie, Do for a resurvey (Jonas Merritts) 640 Do, Walter Dinon 200 Beaufort, Jno Forbes 320 Do, George Sweeting 200 Edgcombe Wm Shackleford 500 Carteret, Jno Rainwater 400 Edgcombe, Sam Williams (300ac retd) 400 Do, Do 200 Do, Charles Smith 150 Do, Richard Warren 200 Beaufort, Sam Tyndal 370 Do, Thos Salters 300 Do, Jas Swain 640 Tyrril, Jno Shacleford, 400 Carteret, Thos Stevens 300 Craven, Francs Linskfield 300 Do, (Jno Bass for a resurvey of a tract in Edgcombe between fishing Creek and the Swamp late Jos Lane and the Surplus), Wm Gardnier for a resurvey of 640 in Tyrrel held by patent passed to him in 1730 Granted

Read the petition of Math Rowan Esqr praying a Patent for 500 acres between the Lands of Morgan Morgan and Thomas Merrick Survey returned which being opposed by Col Moseley after some debate it was ordered peremptorily that the said dispute which has now depended some Courts be determined February next and to that end that all necessary Papers be then produced at this place.

Read the Petition of William Smith Esqr for a Warrant for 450 Acres So side of trent below the mouth of Lime Stone branch Warrant returned

Ordered that Martin Francks tract of 10,000 Acres be first resurveyed and another tract of 3,000 that he had his Excellencys Warrant for and then if it appears that the said Land does not fall within that Survey a Patent to issue as prayed

Mr Caldom petitioned for two Patents both dated 16 December 1735 to be altered in the name of the County the one being for 500ac to Jacob Blount said to be lying in Beaufort whereas it should be Craven and the other for 640 to Churchill Caldom in Craven which should be Beaufort

Ordered that they are altered accordingly and this order endorsed upon them as also recorded in the patent Book Granted

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21st November 1739 Present as before

Read Sundry Petitions for Patents Vizt

Thos Bird 200 Bertie, Thos Tyson 450 Beaufort, Frederick Jones 2239 Craven, Do 413 Do, Jno Smith 400 Craven, Jas McCwean 640 Do, William Brice 200 Do, Jno Hollingsworth 284 Do, Stephen Calvert 200 Do, Jno Altherton 100 Craven, Thos Howard 100 Do, Jno Williams 300 Do, Jno Smith 300 Do, Peter Prevat 390 Craven, Thos Carrold 300 Do, Charles Wilks 200 Do, Corns Tyson 640 Beaufort Granted

Ordered that no Surveyor Deputy Surveyor or others presume to mark trees in running out Lines and Surveying Lands without an order of Council where there has been no lines run and marked before

Ordered nemine contradicente that the Chief Justice be appointed publick Treasurer for the Northern Counties and that Security be taken as the law directs and that his Commission be made out accordingly

Read the Petition of Esther O'Brian for a patent for 300ac Warrant returned being in the name of her late Husband George Carter Granted to the Heir at Law

Read Jno Creel's petition for a tract of 200ac and another of 500ac on tar river contested by Captain Bryan

Ordered that John Barron be appointed Sheriff for Beaufort

Ordered that no lands lapsed and forfeited in consequence of the Act of Assembly for settling his Majesty's Quit Rents shal be granted till they are regularly found to be forfeited after Inquisition and return made in due form by the Escheator

Ordered that all necessary papers as the Warrant for Resurvey former order of Court or Patent to Bryan (if any) be produced next Court at this place

Read the Petition of Col Turner shewing that he has the Kings patent for 640 Acres on the So side of Pamplico in Beaufort being on the Wt side of Nevil's Creek the Courses whereof contained no more than 420 Acres thō the plot has the full compliment he prays the courses may be made agreeable to the plot

Ordered that the Land be resurveyed and that Mr Peyton have notice in order to rectify the Courses as prayed

Ordered that the Secretary make out a Dedimus for Craven for the following to be Justices Vizt

Jno Masters, Jno Fonvielle, Jno Herring, Jno Smith

Do for Beaufort—Thos Williams, Rowland Porter Finch, Richd Evans, Josiah Jones

Do for Chowan—Abraham Blackhall, Saban Plumer

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22 November Present as before.

Read the Sundry Petitions for Patents Vizt

Hugh Stanilands 200 Craven, Jno Marshall 300 N. Hanover, Jeremiah Bigfurd 320 N. Hanover

Richd Lovit for a resurvey of the Plantation whereon he lives on trent river in Craven Granted.


The 23 November 1739 Present His Excellency the Governour
The Honoble Nath Rice Esqr Member of Council
The Honoble Robt Halton Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council

Read Sundry Petitions for Patents as follows.

Edwd McAgrahs 400 Bertie, Thos Evans 400 Do, George Brewer 300 Do, Jno Cox 300 Onslow, Wm Lewis 200 N. Hanover, Robt Taylor 100 Craven, Wm Herritage 300 Do, Lewis Bryan 275 Do, Jno Carroway 100 Do Granted.