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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
February 05, 1740 - February 28, 1740
Volume 04, Pages 439-448

[From MSS. Records of North Carolina Council Journals.]
COUNCIL JOURNALS.


At a Council held at Newbern the 5th February 1739/40
Present His Excellency the Governour
The Honoble Nath Rice
The Honoble Math Rowan
The Honoble Robt Halton
The Honoble Edwd Moseley
The Honoble Eleazer Ellen
The Honoble Roger Moore

His Excellency was pleased to acquaint his Majesty's Council that he had received a Letter from the Board of Trade with two Addresses from the House of Lords and likewise two Addresses from the House of Commons to his Majesty that his Majesty would be graciously pleased to give directions to the proper Offices to prepare an Account to be laid before their respective Houses of the paper Money Current in the British Plantations in the year 1700 as also of the amount of all such money Created or issued since 1700 with the amount of the value of such paper Money or Bills of Credit at the respective times of their creating or issuing and what provision was made for Sinking such Money together with an Account of the Amount of the Bills that have been sunk and also of the Bills now Subsisting in the Plantations with the Amount in the money of Great Britain distinguishing each Species and each Colony

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As also an Account of what Rate all Gold and Silver Coins passed and Gold and Silver were purchased at or sold for per ounce in the years 1700, 1710, 1720, 1730 and at this time in the said Plantations distinguishing each Colony or Plantation

Which Letter recomending it to his Excellency forthwith to prepare and transmit to them such Accounts for this province and addresses were read and thereupon his Excellency was pleased to name Eleazer Allen Mathew Rowan and Edward Moseley Esqrs and they were accordingly appointed a Committee to draw up such Account and lay it before this Board with all convenient Speed

His Excellency was pleased to acquaint the Board that the Board of Trade had Signifyed to him the Repeal of two Laws that he had formerly wrote his opinion to them upon that they ought to be repealed and that he thought it was the Act of Staple Comodities rated and that for establishing the Courts and Offices at Edenton


At a Council held at Newbern the 14th February Anno Dom 1739/40
Present His Excellency the Governour
The Honoble Ch Jus Smith Esqr Member of Council
The Honoble Nath Rice Esqr Member of Council
The Honoble Col Halton Esqr Member of Council
The Honoble Edwd Moseley Esqr Member of Council
The Honoble Eleazr Allen Esqr Member of Council
The Honoble Roger Moor Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council

Read Sundry petitions for Patents Vizt

Wm Bartrim for 70 Bladen, John Bull 200 Bertie, Jno Collins 400 Do, John Cain 160 Edgcombe, Benja Larkeed 300 Tyrril, Jno Cox 200 Craven, James Craven 646 Tyrril, Wm Drake 160 Edgcombe, Jos Dwight 250 Beaufort, Jno Etheridge 300 Currituck, Wm Taulk 400 Edgcombe, Christo Gun 500 Do, Wm Gardiner 160 Tyrril, Christo Guin 400 Edgcombe, Robert McRee 300 Tyrril, Jerman Howard 640 Onslow, Thos Hall 100 Do, Wm Howel 200 Edgcombe, Jno Holmes (560ac retd) 640 Do, Wm Horne 160 Do, Jere Hilliard 200 Do, Eman Jones 300 Onslow, Wm Johnston 300 Edgcombe, Eman Jones 350 Onslow, (Thos Murphy for a resurvey of the Land whereon he Dwells), Jos Moore 400 Edgcombe, Edmd Peirce 190 Beaufort, Benja Regney 225 Do, Jno Worsley 640 Do, Nath Draper 500 Do, Jeremiah Sunions 300 N. Hanover, Sam Noble 320 Carteret, Jno Pope 400 Edgcombe, Jno Veal 240 Bertie, Chas Stevenson 1,280 Do, Wm Suggs 140 Craven, George Suggs 400 Edgcombe Richd Wiggins 160 Do, Frans Roundtree 200 Do, Jno Vernan 500 Beaufort, Eliz Procter 250 Do, Edward Bunch 200 Bertie, Jno Worsley 300 Beaufort Frans Hoptons 400 Tyrril, Moses Houston 300 Carteret, Jas Herbert 200 Craven, Robt House 210 Bertie, Steph Howard 640 Onslow, Robt Halton 500 (be marked J

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Oathy he had granted formerly for the same) N. Hanover, Wm Kennedy junr 320 Tyrril, Anthony Lewis 150 Onslow, Jos Lane 400 Edgcombe, Jos Moore 240 Do, Thos Fulcher 150 Craven, Jno Jewell 300 Beaufort, Seth Pilkington 640 Do, Frans Roundtree 400 Edgcombe, Dan Sunions 200 Beaufort, David Wharton 300 Do

The Court adjourned till tomorrow morning 9 o'Clock.


The 15 February Present as before

His Excellency the Governour was pleased to acquaint this Board that for some time past there had been no regular Court of Chancery held in this province and that it was necessary to have the said Court Established to be held at a Certain place whereupon the Council were unanimously of opinion that for the future all Courts of Chancery within this province shall be held at Newton in the County of New Hanover on the third Tuesdays in the Month of May and September yearly and so de die in diem being the time the Court of Assizes is held.

Ordered that Publick Notice hereof be sett up at the Court House

Door in every County within this Province and that any Complainant or Defendant in the said Court may repair to any member of His Majestys Council and make Oath to his or their Bills answers and Interrogatories depending in the said Court

Mr Ch Justice Smith took and Subscribed the several Oaths appointed by Law to be taken by Public Officers in Pursuance of the Commission of Assize and General Goal Delivery for Beaufort and Hyde.

Col Edward Moseley took and subscribed the several Oaths by law appointed to be taken by Public Officers as one of the Publick Treasurers of the province

Read Sundry Petitions for Patents Vizt

Thos Spights (353 retd) 640 Craven, Jno Ballard 300 Edgcombe, Jno Dep 50 Craven, Robt Forster 395 Bertie, Wm Barr 365 Beaufort, Reading Blunt 300 Craven, Jno Perry 535 Bertie, Chas Evans 575 Beaufort, Jno Bryant 640 Craven, Jno Freeman 100 Beaufort, Walter Droughon 640 Bertie, Edwd Mashburn 640 Onslow, Jno Boyd 640 Beaufort, Math Rowan 500 N. Hanover, Benj Evans 260 Edgcombe

Read this day at the Board the Petition of Giles Long in those words

To His Excellency Gabriel Johnston Esqr Governour Capt General and Commander in Chief in and over his Majestys province of North Carolina Humbly Sheweth

That your Petitioner is in peaceable possession of a tract of land containing two hundred acres or thereabouts joyning the lands of Thos Long in Tyrrel County which land hath been peaceably possest by your

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Petitioner and those under whom he claims about thirty five years as may appear by the Deposition of Thos Long taken before Edward Moseley Esqr one of his Majestys Council of this Province which proof your Petitioner is ready to produce to your Excellency and prays that the same may be enrolled in the Secretary and Auditor General's Office agreeable to a clause in an Act of Assembly of this province Intituled an Act for Securing his Majesty's Quit Rents for the remission of Arrears of quit Rents and for queting the Inhabitants in their Possessions and for the better Settlement of his Majesty's Province of North Carolina

And your Petitioner is in duty bound shall ever pray &c

The Deposition of Thomas Long before the Honourable Edward Moseley Esqr one of his Majestys Council of this province was also read in these Words Vizt

North Carolina—ss.

That on the Seventh day of February Anno 1739 Personally appeared before me Thomas Long of Tyrril County who on his Oath on the Holy Evangelists taken saith that he well knoweth the Plantation whereon Giles Long how dwelleth in Tyrrel County butting on Albemarle Sound containing two Hundred Acres or thereabouts lying to the Eastward of the land of his Deponent liveth on and to the westward on land belonging to Andrew Long Brother of the said Giles which land of Giles Long did formerly belong to James Long father of the Deponent and whereon the said James dwelled and was possessed by him to this Deponents perfect knowledge about thirty-five years ago and after the said James' death the same two hundred acres was possessed by James Long brother of this Deponent by virtue of his Father's Will And after the decease of James the Son of the same Land came unto the said Giles by Virtue of the Will of James Long his father and is now in possession of the said Giles and for thirty five years past has been in possession of the said James Long this Deponent's father Elizabeth Long this Deponent's mother James Long Brother of this Deponent's and the aforesaid Giles Long nephew to this Deponent

Sworn before me the day and year above mentioned
E. MOSELEY.

His Excellency the Governour and Council were thereupon of opinion that the said Depositions of Thomas Long was Sufficient proof of the said Giles Longs quiet Possession of the said two Hundred Acres of Land lying in Tyrril County joining the Lands of Thomas Long and that from henceforth the said Giles Long His Heirs and Assigns shall and may quietly hold and enjoy the said two hundred Acres of land against

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his Majestys his Heirs and Successors paying yearly every 25 day of March the Sum of two Pounds Sterling per hundred acres for the said Land agreeable to the Act Intituled an Act for providing his Majesty a rent roll for Securing his Majestys Quit Rents for the remission of Arrears of Quit Rents and for quieting the Inhabitants in their possessions and for the better Settlement of his Majestys Province of North Carolina.

Read the Petition of Thomas Long of Tyrrel County shewing that he hath been in possession of one hundred Acres of land joyning Eliz. Hawkins Land in the said County for upward of 23 years proved by the Depositions of Jacob Blount and Eliz Hawkins praying the same be enrolled in the Secretarys and Auditors Generals Office

Granted in the same manner as the above Petition of Giles Long.

Read the Petition of Thomas Long of Tyrrel County shewing he hath been in possession of one hundred acres of land joyning Eliz Hawkins Land in the said County for upwards of 23 years proved by the Depositions of Jacob Blount and Eliz Hawkins praying the same may be enrolled in the Secretarys and Auditor Generals Offices

Granted in the same manner as the above Petition of Giles Long.

Read the Petition of John Taylor of Chowan County shewing that he hath been in possession 125 acres of Land joyning the land of Col Edward Moseley and lands belonging to one Wharton in the said County for upwards of 34 years proved by the Deposition of Edward Moseley Esqr one of his Majestys Council and praying the same may be enrolled in the Secretarys and Auditor Generals Office

Granted in the same manner as the foregoing petitions

Read the Petition of Rebecca Purcel shewing that her late Brother Henry Dice deceased devised to his Son John Dice a Minor a tract of land Surveyed by Mr Boyd and return made into the proper Offices but that not having Patented the said Land in his Life time James Rigney has obtained a Warrant for the said land is prejudice of the said Minors Righten Equity the therefore prays a Patent in the name of John Dice on the said return or in case the same being lost a new warrant. Granted.


The 16th February Present as before

Read Sundry Petitions for Patents Vizt

Jno Williams for 254 Craven, Robt Wails 150 Do, Herman Hill 300 Do, Thos Wallace 150 Currituck, Theop Williams 150 Craven, Benja Evans 266 Edgcombe, Morgan Morgan 320 N. Hanover, Robt Boyd 230 Beaufort Granted

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Read the Petition of Jno Wims of Bertie County Shewing that he hath been in possession of 150 acres of land joining on Wm Hooker's line in the said County for upwards of 26 years proved by the Depositions of Robt Evans Richard Powell and Elener Oldner and praying the same may be enrolled in the Secretarys and Auditor General's Offices

Granted in the same manner as the foregoing petitions

Read the Petition of John Porter Esqr of New Hanover shewing that he hath been in possession of 1,200 Acres of land or thereabouts lying in Chowan County bounded on the So on Albemarle Sound to the Westward on Mr Veals Land and to the Eastward Extending to or near Bluff point for upwards of 34 years last past provided by the Deposition of Edward Moseley Esqr one of His Majestys Council And praying the same may be enrolled in the Secretary's and Auditor General's Offices.

Granted in same manner as the foregoing Petitions

Read the Petition of Henderson Luten of Chowan County shewing that he hath been in possession of 163 Acres of Land or thereabouts joining the Lands of Mr John Blount and Land belonging to your Petitioner in the said County for upwards of thirty years proved by the Deposition of Mr Thomas Luten and Wm Houghton and praying the same may be enrolled in the Secretarys and Auditor Generals Offices.

Granted in the same manner as the foregoing Petitions


At a Council held at Newbern 18th February 1739 [1740]
Present His Excellency the Governour
The Honoble Wm 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 Edwd Moseley Esqr Member of His Majestys Council
The Honoble Robt Halton Esqr Member of His Majestys Council
The Honoble Roger Moor Esqr Member of His Majestys Council
The Honoble Eleazr Allen Esqr Member of His Majestys Council

His Excellency the Governour was pleased to acquaint this Board that he had received a Letter from the Right Honorable the Lords of Trade and Plantations Signifying that he had been graciously pleased to approve of his recommendation of Mr Murray for a Councillor of this Province in the room of Mr Porter deceased which the Governour Ordered to be read which is in these words Vizt


Whitehall September 12th 1739

Sir,

Since Ours to you of February 8th 1738 We have received your Letters of the following Dates Vizt January 15 173⅞—June 13 1738 and April the 10th 1739 In compliance with your request in that of the 8th of February 173⅞ We have recommended Mr Murray to his Majesty

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for a Councillor in the room of Mr Porter deceased and his Majesty has been graciously pleased to approve of him accordingly

As to the Dispute you mention in that of June 13th 1738 relating to the Boundary line betwixt your Province and South Carolina We have only to answer that as yet no application has been made to us from South Carolina in relation to this affair but that when there is We shall take the same into our consideration and you shall be acquainted with what is done in it

We are glad to hear the Assembly have passed so many good Laws and as soon as we shall receive them into consideration in the mean time we congratulate you upon the good harmony that is at length established betwixt you and the People under your Government and hope for continuance of it to your mutual satisfaction

We inclose to you the opinion of the Attorney and Solicitor General relating to Staple Comodities Rated and we hope the affair of the Blank Patents will soon be put into such a method as to make all partys easy So we bid you heartily farewell and are your loving Friends and Humble Servants

M. BLADEN
JA. BRUDENELL
R. PLUMER

And thereon his Excellency desired the opinion of this Board whether the said Murray should not be sworn one of his Majestys Council of this province in consequence of his Majestys said approbation which the Honourable the Council approved of And the said Mr Murray being called to the Board and acquainted therewith took and subscribed the several Oaths by law appointed to be taken for the Qualification of Public officers as also the oath of a Councillor

At the same time His Excellency was pleased to acquaint this Board that he had appointed Robt Hamilton Esqr Auditor of this province in the room of William Maxwell Esqr deceased untill the Pleasure of the Right Honoble Horrice Walpole Esqr Auditor General of his Majestys Plantations should be known thereon And the said Hamilton before this Board took and subscribed the several oaths by Law appointed to be taken for the qualification of Publick Officers as also an Oath to execute the said Office Faithfully


At a Council held at Newbern 19th February Anno Dom. 1739 [1740] P. M. Present His Excellency the Governour
The Honoble Wm 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
The Honoble Roger Moore Esqr Member of Council
The Honoble Eleazr Allen Esqr Member of Council
The Honoble James Murray Esqr Member of Council
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This Day the Governour in Council was pleased to declare that as he was informed by several members of the Upper House that upon an Equality of Votes upon any Bill treated of in that House It was controverted whether the President of the Council when they sat as an upper House had the casting Vote that he would always reckon and look upon all votes, resolutions and Bills passed in the upper House by the decisive Vote of the President in case of an Equality of the Votes as proper Legislative Acts of the upper House and give his assent to such Laws as properly regularly and legally passed and ordered this His Declaration to be inserted in the Journals of Council to be transmitted home to the Secretary of State and the Board of Trade.


22d February 1739. [1740] Present His Excellency
The Honoble Nath Rice Esqr Member of Council
The Honoble M. Rowan Esqr Member of Council
The Honoble Robt Halton Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble E. Allen Esqr Member of Council
The Honoble James Murray Esqr Member of Council

Read Sundry Petitions for Patents Vizt

John Liles 300 Edgcombe, Jno Gent 150 Do, Edwd Jones 200 Do, Do 100 Do, Wm Kendric 300 Do, Jno Perit 400 Do, Jno Hilliard 200 Bertie, Jno Veale 240 Do, Robt House 600 Do, Bryan McClendon 150 Carteret, Joshua Nash 233 Do. Granted

Read the Petition of Simon Alderson praying that his patent and Plot which was produced at the Board may be altered from running along upon a straight line to the meanders of the Creek which was accordingly Granted.


At a Council held at Newbern the 22d February 1739. [1740] Present as before.

Read the Petition of John Durant King of the Yeopim Indians in behalf of himself and the said Nation praying an Order of Council may pass impowering them to sell or exchange their lands as may best [suit] their conveniency and that the Sales or exchange by them so made may be good and valid to the purchaser which was accordingly granted


The 25th of February 1739. [1740] Present as before.

His Excellency the Governour was pleased to inform this Board that as the present Assembly had rejected the Fee Bill it was necessary to issue a Proclamation to direct the several Officers within this Province in what manner they should receive their Fees untill the General Assembly should ascertain the same.

Thereupon the Honoble the Council were of opinion that His Excellency the Governour direct a Proclamation to issue strictly requiring

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and commanding the several and respective Officers within this Government or their Deputys that they do not presume to take any other Fee or Fees for any Business to be done in their respective Offices than what is contained in the old table of Fees at four for one in lieu of Proclamation Money until the same shall be regulated by the General Assembly.

And His Excellency the Governour was pleased to direct a Proclamation to issue thereon agreeable to the above order.


At a Council at Newbern the 28th February 1739 [1740]
Present His Excellency.
The Honoble Mr Smith Esqr Member of Council
The Honoble Mr Rowan Esqr Member of Council
The Honoble Mr Halton Esqr Member of Council
The Honoble Mr Moore Esqr Member of Council
The Honoble Mr Allen Esqr Member of Council
The Honoble Mr Murray Esqr Member of Council

Ordered that a new Commission of peace issue for Bladen directed to the following persons Mathew Rowan Wm Forbes Hugh Blaning John Clayton, Robert Hamilton, Griffith Jones James Lyon, Duncan Campbel, Dugold McNeil Dan McNeil Col McAlister Neil McNeil Wm Bartram and Samuel Baker hereby constituting and appointing them Justices of the peace for the said County

Ordered that a new Commission of the peace issue for New Hanover County directed to Nath Rice Robt Halton Eleazr Allen Math Rowan Edwd Moseley Roger Moore James Murray James Innes Edwd Hyrne Corns Harnet Saml Woodward Maurice Moore John Swann Jno Davis Wm Dry John Porter Richard Eagles William McRee William Faris Robt Walker and Thomas Clark Esqrs hereby constituting and appointing them Justices of the Peace for and within the said County.

Read Sundry Petitions for Patents Vizt

Math Allen 300 Craven, Jno Bradley 100 Do, Jno Bryan 626 Craven, Jno Green 273 Do, Robt Forster 240 (retd 175) Bertie (this granted 22d May 1711), Martin Fryar 150 Craven, Carry Godbee 500 Do, Sam Herring 367 Do, Simon Do 153 Do, George Kernegee 640 Do, Steven Lee 190 Tyrrel, Jacob Moore 640 Beaufort, Simon Malpas 254 Craven, Jas Brown 400 Beaufort, Edwd Bryan 172 Craven, Abram Odam 200 Craven, Jno Rienset for a resurvey 225 Beaufort, Jno Small 300 Carteret, George Smith 200 Craven, Sam Slade 100 Do, Thos Tyson 200 Do, Edwd Do 100 Beaufort, Do 235 Do, Joseph Wheeler 470 Craven, Jno Whitley 61 Do Granted

Read the Petition of George Lisles of Chowan County shewing that he hath been in possession of two hundred acres of Land or thereabouts lying in the said County adjoining to Lands belonging to William Arkill and John Bonner and the town of Edenton for upwards of twenty seven years Proved by the Depositions of Margaret Arkill and John Harlor

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both of Chowan County and praying the same may be enrolled in the Secretarys and Auditor Generals Offices.

Granted in the same manner as the foregoing Petition.

Read the Petition of William Arkill of Chowan County Showing that he hath been in possession of fifty Acres of land in Chowan County adjoyning lands belonging to John Bonner George Lisles and the town of Edenton in said County for upwards of thirty five years proved by the Depositions of William Luten and John Harlor both of Chowan County and praying the same may be enrolled in the Secretary and Auditor Offices.

Granted in the same manner as the foregoing Petitions.

Read the Petitions of Samuel Gregory in Pequimons County shewing that he hath been in possession of three hundred acres of land or thereabouts lying in the said County adjoining to Lands belonging to James Egerton on Yawpim river for upwards of 40 years proved by the Deposition of John Long and praying the same may be enrolled in the Secretarys and Auditor Generals Offices

Granted in the same manner as the foregoing Petitions

Read the Petition of Thomas Pendleton of Pasquotank County Shewing that he hath been in possession of Eleven hundred Acres of Land lying in the said County for upwards of thirty years adjoyning to Mr Palins Lands proved by the Depositions of David Bayley and William Relf both of the said County and praying the same may be Enrolled in the Secretarys and Auditor Generals Offices

Granted in the same manner as the foregoing Petitions.