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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 21, 1741 - September 29, 1741
Volume 04, Pages 597-603


At a Council held at Wilmington 21st day of September 1741
Present His Excellency the Governour
The Honoble Math Rowan Esqr Member of Council
The Honoble William Forbes Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble James Murray Esqr Member of Council

There being burgesses enou' arrived to make a lower House of Assembly but not a sufficient number of Councillors in Town to Act in a Legislative Capacity (five members being held necessary to form an upper house) his Excellency was pleased to ask the opinion of the Chief Justice whether the Lower House might notwithstanding be opened and proceed upon business, who having answered thereto, the Members of Council present advised his Excellency to summon Mr Secretary Rice who had obtained leave to go out of the province but was not yet gone forthwith to attend in order to the making a house, and carrying on the business of the Session.


At a Council at Wilmington 22d September 1741
Present His Excellency the Governour
The Honoble Math Rowan Esqr Member of Council
The Honoble William Forbes Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble James Murray Esqr Member of Council

The Chief Justice being called to the Board made his report of the Tryal of Michael McDermet who was then under sentence of Death

Whereupon it was ordered, that his Execution should be respited till this Honoble Board had examined the Minister concerning him

Then Mr Chief Justice informed the Board that Bryan Conner had been burnt in the hand for Feloniously Stealing to the value of Eight Shillings Sterling, and at the same time was found Guilty upon another Indictment of petty Larceny for which offence he was ordered by the Court to receive as a further punishment Sixty lashes, on his bare back, but that the said Connor was in a very sick and low condition Upon which it was ordered that the said whipping should be remitted.

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At a Council held at Wilmington the 23d day of September 1741
Present His Excellency the Governour
The Honoble Math Rowan Esqr Member of Council
The Honoble William Forbes Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble James Murray Esqr Member of Council

The following persons were admitted to prove their rights in order to their taking up of Lands Vizt

James Castellaw Carteret County 41 in family, John Starkey Carteret 18, Jas Ridway Onslow 6, Richard James N. Hanover 9, Chas Petit Craven 9, William Cannady Tyrrel 11, John Lipsey Onslow 10, Wm Lipson Do 6, Wm Ryley New Hanover 5, Jas Varnum Onslow 5, Jno Ballard Edgcombe 10, Jno Pidcock N. Hanover 7, Richard Scot Do 4, Alex Colvin Bladen 11, Thos Cunninge N. Hanover 7, Thos McClendon Craven 17, George Styrring Beaufort 11, Thos Rhodes N. Hanover 9, Jno Steward Onslow 4, Jno Hardy Edgcombe 11, Jno Gray Bertie 28, Jos Meredith N. Hanover 6, Chas Cox, Do 3, Samuel Moore Onslow 6, David Williams N. Hanover 6, James Terry Edgcombe 7, Jno Wharton N. Hanover 7, Jacob Biddle Onslow 5, Richd Field Do 11, Wm Ambrose Do 6, Morgan Morgan N. Hanover 5, Thomas Hill Do 6, Thos Minyard Bladen 6, Thos Garrey Edgcombe 12, John Edwards Onslow 4, Edmund Keith Craven 6, William Brice Do 17, Wm Layton Bladen 8, Jacob Ipack Craven 8, David Morgan N. Hanover 9, Corns Leary Do 5, Jno Clayton Bladen 17, Jno Browne Onslow 8, Jno Bradshaw Do 4, Jno Ellarby Bladen 13, David Evans N. Hanover 9, Christo Yew Craven 10, Daniel Austin Onslow 8, John Porter Carpr N. Hanover 7, Jas Browne Do 7, Richd Huff Do 6, Jno Motte Do 4, James Bell Carteret 9, Thos Gatlin N. Hanover 6, Danl Shirloe Onslow 3, Saml Sanford Beaufort 4, Jas Salter Do 9, Jas Wantland Onslow 11 John Hawkins N. Hanover 6, Wm McRea Do 10, Thos Jennings Do 9, Patrick Stewart Do 11, Jno Matchet Do 6, Timothy Clansey Onslow 1, Benja Fulsall N. Hanover 45, Jabez Spooner Onslow 5, Joseph Hudson N. Hanover 6, Thos Hutchens Do 4, Zachariah Fields Onslow 2, Jacob Lewis Do 9, Eliz. Ottey N. Hanover 5, Math. Everit Onslow 12, Arch Buoy Bladen 3, Wm Norton Do 9, Thos Corbet N. Hanover 1, Abraham Mitchell Onslow 9, Joshua Grainger N. Hanover 3, Jno Burnett Onslow 8, Arch Hamilton N. Hanover 34, William Herritage Craven 18, Thos Lowther Currituck 13, Henry Simmons Bladen 44, Edward Wingate N. Hanover 13, Phineas Stevans Onslow 5, Edmund Smithwick Tyrrell 17, Joseph Anderson Chowan 22

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At a Council held at Wilmington 24 day of September 1741
Present His Excellency the Governour
The Honoble Nath Rice Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble William Forbes Esqr Member of Council
The Honoble Jas Murray Esqr Member of Council

Henry McCulloh Esqr having produced His Majesty's Commission to him to be Commissioner for Supervising Inspecting and controlling the Revenues and Grants of Land in North Carolina, It was ordered to be read, which was done accordingly, And he took and subscribed the usual Oaths appointed by Law for his qualifycation And at the same time took the Oath of Office, that he would well and truly execute the same, pursuant to the aforesaid Commission.


At a Council held at Wilmington the 24th day September 1741 P. M. Present as before

His Excellency having informed the Board That it was His Majesty's Pleasure signified in some of his Majesty's Instructions to Mr McCulloh, that for the future all persons taking up lands should be obliged to seat the same according to their rights, i. e. with the person in whose right the land shall be taken up; But that such as have already obtained Warrants, shall only be obliged within three years from the date of their respective Grants to put a white man on every Tract 1,000 acres or under And two on a tract of 2,000 or above a thousand. Ordered that accordingly Clauses to that Effect be inserted in such Grants respectively as shall hereafter be passed upon Warrants already granted or that may hereafter be granted. And that the Secretary draw up a proclamation to give publick notice thereof

His Excellency was pleased to represent that as most of the lands already granted contained but a small quantity of good Soil and a very large proportion of pine barren. And at the same time took notice of the absolute necessity of encouraging white persons to settle in this Province particularly the back parts of the same And to render the previous steps requisite to the taking up of land as easy as possible. Was therefore pleased to propose to his Majesty's Council whether it was not proper humbly to represent to His Majesty that in order to encourage foreign protestants to settle in this Province and for promoting His Majesty's Service It is highly expedient to grant every person taking up lands and who are to Seat and cultivate the same by the persons in whose rights these lands are granted One hundred Acres for every white person and fifty for every black.

And in consideration of the great Expence and loss of time which must attend such persons in travelling several hundred miles to swear

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to their rights before the Governour in Council it will much promote His Majestys Service and the Settlement of this Colony to permit such persons to swear to their rights before the County Courts, And a certificate of such Oath signed by the Chairman and Clerks of the Court and returned to the Governour in Council to be deemed full proof of their Rights. All which was assented to and approved by His Majestys Council.

His Excellency was pleased further to propose whether until His Majesty's pleasure can be known in these points it is not highly proper to grant lands to white persons in the above named proportions And to Allow them to prove their Rights as is above specified, And to remove all obstacles that may obstruct measures which are so beneficial to His Majesty's Service and the good of this province As these matters are under the Inspection of His Majestys Commissioner of the quit rents That the Clerk of the Council wait on the said Commissioner with a copy of these resolutions to know if he has any objections to the same And to receive his answer in writing which was likewise approved by his Majesty's Council


At a Council held at Wilmington 25 day of September 1741
Present His Excellency the Governour
The Honoble Nath Rice Esqr Member of Council
The Honoble William Forbes Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Jas Murray Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council

The Secretary having delivered Mr McCulloh a Copy of the resolution of Council in relation to rights He was pleased to send him a paper upon the same subject addressed to the Governour in Council desiring it might be read at the Board which was accordingly done and is in the following words

To His Excellency Gabriel Johnston Esqr Governor and Commander in Chief of His Majestys Province of North Carolina in Council

May it please your Excellency

Having received by direction of your Excellency the Copy of a resolution of Council dated the 25th of September 1741 signifying the opinion of your Honble board That in order to encourage Foreign protestants to settle in this province and for promoting His Majestys Service It is highly expedient to grant every person taking up lands and who are to seat and cultivate the same by the persons in whose right these Lands are granted One hundred acres for every white person and fifty Acres for every black. And in consideration of the great expence and loss of time which must attend such persons in travelling Several hundred

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Miles to swear to their rights before the Governour in Council it will much promote His Majestys Service and the settlement of this Colony to permit such persons to swear to their Rights before the County Courts and the Certificate of such Oath signed by the Chairman and Clerk of the County and returned to the Governour in Council to be deemed full proof of their rights

Whereupon I beg leave to certifie that from the circumstances of this province at present the unsettled and distant Scituation of the Offices and from the several reasons contained in the said resolution

That I am humbly of opinion that the variation made in the said resolution from the late order of His Majesty in Council does not make any material difference with respect to the security of the Crown in the payment of the quit rents That it may be a means to encourage the settlement of Whites which is greatly to be desired. And that it may be for his Majesty's Service to carry the said resolutions in execution untill His Majestys pleasure be further made known thereupon

I am May it please Your Excellency Your Exceys
Most obedt and most humble Servant
HENRY McCULLOH.

The following persons were admitted to prove their rights in order to their taking up of lands Vizt

Richard Plair N. Hanover county white 7, Jno Felleau Craven 7, Thos Finney N. Hanover 3, Daniel McKiken Do 9, Simon Wilson Onslow white 1, black 7, Duncan McKikin N. Hanover [white] 4, Joseph Jones Do 6

Read Sundry petitions for patents for Land as follows Vizt

James Alkins 400 Onslow, Wm Borden 498 Carteret, Josiah Bell 640 N. Hanover, Reading Blunt 300 Craven, Jno Baker 200 Bertie, Jno Brown 640 Onslow, Jas Bell & Arthr Mabson 250 Carteret, Chas Cox 200 Onslow, Jno Cooke 320 N. Hanover, Robt Callahanne 100 Beaufort, John Cockrane 250 Onslow, Thos Cooke 145 Craven, Armand DeRosset 300 N. Hanover, Jacob Ipack 150 Craven, Richd James 200 N. Hanover, James Mauney 378 Bertie, Thos Martin 320 Craven, Thos Mercer 198 Do, Wm McRee 500 N. Hanover, Do 640 Do, Saml Moore 100 Onslow, Jas Noble 500 Carteret, Saml Negus 200 Do, Moses Rountree 640 Bertie, Robt Ruffin 150 Craven, Robt Reford 300 Do, Thos Rhodes 400 N. Hanover, John Howell 418 Bertie, Alex Fraizer 300 Carteret, Wm Faris 320 N. Hanover, Do 100 Do, Jno Gray 300 Do, Do 200 Craven, George Goulde 640 Do, Thos Johnston 430 Onslow, Saml Do 200 Craven, Do 3000 Onslow, Do 350 Do, Do 640 N. Hanover, David Jamison 150

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Do, Sam James 640 Onslow, John Hart 200 Craven, Wm Spier 300 Edgcombe, Henry Stanton 480 Carteret, Nathl Saunders 612 Edgcombe, Do 600 Do, Jonathan Swaine 400 N. Hanover, Benja Small 100 Carteret, Do 200 Do, Michael Shelford 200 Craven, Thos Tulley 300 Edgcombe, Jas Ferrey 100 Do, Edward Wingate 300 N. Hanover, Wm Weston 150 Bertie, Anthony Williams 640 N. Hanover, Thos Graves for a resurvey of a tract in Craven. Granted.

Read Sundry petitions for Warrants for land on Rights proved Viz Arch Buoy 150 Bladen, Alex Colvin 550 N. Hanover, Jno Ellarby 650 Bladen, Richd Field 550 Onslow, Saml Green 350 N. Hanover, Thos Garrey 400 Edgcombe, Corns Harnet 200 N. Hanover, Do 200 Do, Jno Hardy 250 Edgcombe, Joseph Hudson 300 N. Hanover, Edmund Keight 300 Craven, Wm Laytham 400 Bladen, John Lipsey 500 Onslow, Jas Murray 150 N. Hanover, Thos Minyard 300 Bladen, Jas Ridgway 100 Onslow, Samuel Samford 200 Beaufort, James Salter 200 Carteret, George Styrring 100 Do, Do 400 Do, Phineas Stevens 250 Onslow, John Stewart 100 Do, David Williams 300 N. Hanover, Edwd Wingate 450 Do, James Wantland 150 Onslow Granted

Read the petition of Francis and William Brice for 187 Acres front land of a large tract of old patent land on the East side of Trent river in Craven County left them by their Father and praying that a patent may not be granted to Colo Wilson on a Warrant for land near or upon the same place they apprehending the return takes in part of the aforesaid Front of the petitioners Land

Ordered that the patents to be issued to the petitioners and to Col William Wilson be of the same date and shall give to each of the parties the land that shall be found to front each of their tracts respectively But a patent to issue to neither till they have taken out Warrants and had regular returns made thereon


At a Council held at Wilmington 29th day of September 1741
Present His Excellency the Governour
The Honoble Nath Rice Esqr Member of Council
The Honoble Roger Moore Esqr Member of Council
The Honoble Eleaz Allen Esqr Member of Council
The Honoble James Murray Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Wm Forbes Esqr Member of Council

The following persons were admitted to prove their Rights in order to their taking up of land Vizt

John Wynns Bertie white 16, black 15; Jno Clitheral N. Hanover [white] 2, [black] 9.

Read sundry Petitions for Warrants for Land on Rights proved Vizt

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William Kennedy 100 Bertie, Jno Starkey 150 Onslow, Edward Wingate 200 N. Hanover, Rufus Marsden 200 N. Hanover, Jno Wynns 200 Bertie, Do 400 Craven. Granted

Read sundry Petitions for Patents for Land Vizt

John Porter 640 N. Hanover, Richard Lovelett 385 Craven, Richard Lovelett 130 Craven, Samuel Buxton and Isaac Edwards for a resurvey of a tract in—Granted