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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
March 15, 1743 - March 30, 1743
Volume 04, Pages 625-633

-------------------- page 625 --------------------
[From the MSS Records of North Carolina Council Journals.]
COUNCIL JOURNALS.


At a Council held at Edenton the 15 day of March 1743
Present His Excellency the Governour
The Honoble Nath Rice Esqr Member of Council
The Honoble Edward 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 William Forbes Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council

The following Persons were admitted to prove their rights in order to their taking up of Land Vizt

County
White
Black
County
White
Black
Thos Pierce
Chowan
8
13
Edward Jones
Edgcombe
7
9
Thos Nicholas
Pasquotank
7
1
John Howel
Bertie
4
8
Joseph Morice
Do
8
1
William Bell
Edgcombe
4
8
Aaron Hill
Do
4
4
Thos Shepard
Onslow
2
Thos Macky
Do
7
Wm Hadnot
Carteret
6
Wm Eaton
Edgcombe
11
23
James Swaine
Tyrrell
8
2

Read the following Petitions for Patents as follows Vizt

Robt Boyd 250 Beaufort, Do 100 Do, Jno Chilley 300 Do, Jno Hawkins 200 Edgcombe, John Harley 300 Do, Joseph Kymbal 400 Do, Jno Knowis 200 Beaufort, Jno Lisle 500 Edgcombe, Eprian Lisle 300 Do, Jno Martin 640 Do, Peter Morse 200 Beaufort, Wm Prescot 500 Craven, Wm Parsons 550 Edgcombe, Wm Parsons 150 Do, Benja Do 300 Do, Do 150 Do, John Gant 150 Edgcombe, John Goulde 400 Bertie, Chas Hopton 400 Craven, Wm Parsons 400 Edgcombe, Thos Penket 270 Beaufort, Wm Stroud 400 Edgcombe, Edmd Smithwick 300 Craven, Moses Swinney 400 Edgcombe, Moses Tilman 50 Craven, John Webster 250 Carteret, John Williams 640 Onslow, John Whitehead 640 Currituck, Edwd Webber 400 Beaufort, Edwd Young 100 Edgcombe. Granted


At a Council held at Edenton the 16th March 1743 Present as before.

The clause usually reside thereon inserted into the Grants for Land by mistake was ordered to be left out for the future and to be struck out of such Patents as were not already issued

Read the Petition of William Blythe to have his Patent altered in one of the courses is laid down. North 29 but should be South 29

Ordered that the same be accordingly altered which was done before the Council both in the Plot and Patent and the Record be made agreeable thereto

-------------------- page 626 --------------------

Read the Petition of Thomas Davis praying relief against one Benja Sist who has obtained a warrant for the land he has lived upon and paid Quit Rents for 20 years past and upwards and which he formerly had a survey on which he says was returned into the Office but cannot be found but Mr Samuel Swann offering to make Oath he saw copies of the Return made by Seth Pilkington the Surveyor and in regard to his having paid Quit rents so long and his great age and Poverty being considered. It was Ordered that he have a Warrant and patent for the said Land as surveyed for Scot. He making the said Sest a Deed for 100ac out of the same.

It being moved whether anothers Oath were not sufficient proof of any Persons rights The Board were of opinion it was and accordingly such proof was admitted

The following Persons were admitted to prove their Rights in order to their taking up of Land Vizt

White
Black
White
Black
Joseph Jno Alston
Edgcombe
19
Jno Hall
Chowan
8
4
Henry Debrane
Bertie
5
Jos. Baradle
Bertie
5
3
Thos Kearney
Edgcombe
16
Chas Stevens
No Hampton
5
10
Jno Etheridge
Currituck
7
Chas Jenkins
Chowan
5
2
Osborne Jeffries
No Hampton
3
4
Jas Copeland
Do
2
3
John Dawson
No Hampton
5
18
George Capeheart
Bertie
8
1
John Pope
Edgcombe
6
Saml Sinclair
Hyde
8
5
Michl Dormant
Do
4
John Wilcocks
Perquimons
7
Saml Taylor
Do
6
6
John Jemison
Bertie
5
5
Saml Ruffin
Do
4
John Lane
Edgcombe
1
3
Thos Davis
Hyde
3

A Complaint having been preferred against Mr Peter West one of the Justices in the Commission of the peace for the County of Bertie for that he had tendered an oath to several persons in very obscene terms who took the same at his own house in a very irregular extra judicial manner in relation to the wife of one John Raspberry thereby to discover if any of them had any unlawful comerce with her. And His Excellency informing the Board that the said Wests own witnesses which he brought with him when his Excellency sent for him to examine him upon the premises had confest as much. It was the opinion of the Board that his name should be struck out the Commission of the Peace

Read the following Petitions for Patents Vizt

Richd Allen 200 No Hampton, Wm Do 300 Do, Jos. Jno Alston 100 Edgcombe, Jacob Braswell 160 Do, Do (but 275 retd) 400 Do, Jno Barrow

-------------------- page 627 --------------------
200 Beaufort, Philimond Bradford 600 Edgcombe, Do 400 Do, Benja Blount 130 Do, Do 100 Do, Jos Bradley 600 Edgcombe, Chas Cavenah 640 Craven, Robt Cutlar (92 retd) 100 Beaufort, Wm Etheridge 300 No Hampton, Jas Hasel 320 N Hanover, Jno Hardy 200 Edgcombe, Saml Holliman 200 Do, Green Hill 100 Bertie, Wm Hilliard 250 Edgcombe, Arthr Jordan 300 Bertie, Osborne Jeffries 150 No Hampton, Thos McClendon 558 Craven, Wynot Ormond 640 Beaufort, Wm Pridgen 150 Edgcombe, Jas Spiere 300 Tyrrel, Thos Smith 200 Craven, Philip Thomas 200 Bertie, Thos Wall 340 No Hampton, Wm Wooten 300 Do, Wm West 150 Edgcombe. Granted


At a Council held at Edenton 21st of March 1743
Present His Excellency the Governor
The Honoble Nath Rice Esquire Member of Council
The Honoble Robt Halton Esquire Member of Council
The Honoble Eleaz Allen Esquire Member of Council
The Honoble Edwd Moseley Esquire Member of Council
The Honoble Will Forbes Esquire Member of Council
The Honoble Cullen Pollock Esquire Member of Council
The Honoble Math Rowan Esquire Member of Council

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

White
Black
Marmaduke Norfleet
Perquimons
5
19
Saml Saban Plumer
Pasquotank
3
9
James Trotter
Chowan
2
11

Read the following Petitions for Patents Vizt

Solomon Alston 150 Craven, Saml Bond 104 Perquimons, John Bateman 84 Tyrrel, Wm Braswell 500 Edgcombe, Josiah Bundy 200 Craven, Hump Burnet 200 Craven, Alex Calvin 200 N. Hanover, Do 300 Do, David Coltrane 200 Edgcombe, Wm Curtis 300 Do, Math Caswel & Jas Phelps 220 Tyrrel, Zach Chancey 200 Perquimons, Wm Colehoons 400 Edgcombe, Arthur Crawford (but 132 retd) 200 Do, Thos Carril 160 Do, Lewis Davis 400 Do

Read the following Petitions for Warrants Vizt

Edwd Lernelt 100 Chowan, Jos Anderson 300 Carteret, Saml Burton 150 Beaufort, Jos Barradit 100 Bertie, Jno Boyd 300 Craven, Jacob Braswell 300 Edgcombe, Simon Bright 540 Craven, Wm Clanton 500 N. Hanover, Zach Chancey 950 Perquimons, Wm Collins 500 Onslow, Chas Cox 400 N. Hanover, Peter Clitt 320 Do, Wm Chevers 400 Edgcombe, Jno Dawson 300 Do, Jno Duggin 100 Bertie, Hen Everitt 200 Beaufort, Jno Etheridge 400 Currituck, Do 300 Do, Do 400 Do, Hen. Everitt 300 Beaufort, Wm Fleetwood 300 Bertie, Martin Frank 650 Craven, Wm Faris 200 N. Hanover, Wm Hinton 190 Craven, Jno Do

-------------------- page 628 --------------------
100 Do, Jos Howell 150 Do, Do 150 Do, Wm Hickman 100 Edgcombe, Jno Hancock 320 Bladen, Richd Hargrove 100 Edgcombe, Wm Habby 150 Do, Richd Johnston 200 Craven, Saml James 250 Onslow, Josiah Jones 100 Beaufort, Geo Kernegee 50 N. Hanover, Wm Keith 400 Do, Laz Kennedy 200 Onslow, Thos Long 200 Craven, Corns Lynch 300 Do, Mark Morgan 300 Do, Thos McClendon 350 Do, Jas McAckelwean 200 Do, Jno Warnor 400 N. Hanover, Jos Winsley 200 Perquimons, John Manning 850 Bertie, Thos McClendon 300 Craven, Charles McCulloch 200 Edgcombe, Epaph Moore 300 Do, James McWaine 150 Craven, Joseph Morrice 350 Pasquotank, Thomas Macky 200 Do, Epaph Moore 300 Edgcombe, James McWaine 600 Craven, Thomas Merrick 600 N Hanover, Jno Davis 300 Edgcombe, Wm Daw 100 Beaufort, Abraha Green 200 Edgcombe, John Gray 450 Bertie, John Howel 359 Bertie, Jos. Hutchison 300 N. Hanover, Thos Hill 200 Edgcombe, Richd Hellier 350 N. Hanover, John Hardee 640 Beaufort, Saml Johnston 400 Chowan, Frans Kennedy 300 Tyrrel, Laz. Kennedy 100 N. Hanover, Jas Kelley 200 Edgcombe, Thos Kearney 400 Bertie, Thos McClendon 222 Craven, Wm McRee 300 N. Hanover, Jas Mathew 400 Edgcombe, Darby McCartie 100 Hyde, Wm Etheridge 300 N. Hanover, Robt Forster 250 Edgcombe, Thos Mason 200 Edgcombe, Jno Marks 400 Beaufort, Wm Mobley 99 Tyrrel, Geo Noris 450 Edgcombe, Wm Do 109 Chowan, Thos Owen 200 Edgcombe, Thos Nicolson 133 Pasquotank, Thos Owen 200 Edgcombe, John Pirut 200 Do, Godfrey Philphs 498 Tyrrel, John Perry 102 Perquimons, Robt Pitman 150 Bertie, Edwd Powers 300 Edgcombe, Thos Peirce 57 Tyrrel, Theophs Pugh 280 Chowan, Henry Perkins 146 Currituck. Granted

Wm Paul 550 Bertie, Jos Parker 200 Edgcombe, Richd Richdale 100 Do, John Riddick (John) 550 Bertie, Job Rogers 200 Edgcombe, Jos Spruel & Hen Norman 202 Tyrrel, Saml Spruel 246 Do, Jno Smith 100 Craven, Jos Small 100 Chowan, Jno Phillip Shelly 100 Edgcombe, Jno Simpson 340 Bertie, Geo Starkey 150 Onslow, Geo Skipper 200 Craven, James Turner 275 Bertie, Michs Tyner 200 Do, Wm West 180 Edgcombe, Wm Whitehead 200 Do, Wm Walker 300 Do, Edwd Wahnsley 640 Craven, Rowld Williams 200 Bertie, Poyns Weldon 300 Edgcombe, Edwd Wordsworth 113 Perquimons, Rowld Williams 640 Edgcombe. Granted

Grace Merrick 400 N. Hanover, Epaph Moore 400 Craven, Marmaduke Norfleet 200 Edgcombe, William Niverns 300 Craven, Abraham Adams 500 N. Hanover, John Omat 200 Craven, Edward Outlayer 300 N. Hanover, Do 250 Do, Richard Powele 200 Edgcombe, James Parmenter 500 Do, Jacob Rogers 200 Do, Samuel Sticklair 400 Beaufort, Richard

-------------------- page 629 --------------------
Sissums 400 Edgcombe, Samuel Jenelar 400 Hide, Saml Swann 300 N. Hanover, Thos Smith 500 Craven, John Smith 400 Do, Jno Sellers 400 Do, Thos Smith 450 Do, Jas Smith 200 Tyrrel, Thos Smith 100 Craven, Jas Swaine 200 Tyrrel, Jno Smith 100 Do, Saml Smithwick 100 Bertie, Jere Vail 400 N. Hanover, Jno Wilcocks 100 Tyrrel, Caleb Wilson 100 Currituck, Jas Wielcocks 200 Perquimons. Granted

Read the Petition of John Rogers showing that the Secretary could not affix a Plot that was returned for him (the Land Granted) till twas corrected

Ordered that the surveyor make out a new plot agreeable to the written courses


At a Council held at Edenton the 22d of March 1743. Present as before

The Surveyor General returned a plot of 400 Acres in Bertie according to the order of yesterday for John Rogers which was ordered to be affixed to his Patent

The following Persons were admitted to prove their Rights in order to their taking up of Land Vizt

White
Black
White
William Feris
New Hanover
2
9
Samuel Smithwick
Tyrrel
7
Joshua Worley
Tyrrel
5
13
Jas Sunderland
Bertie
5

Read the Petition of Colonel Benjamin Hill setting forth that one Thomas Jumps obtained a warrant from the late Governour George Burrington Esqr for 500 acres of land in Edgcombe County on the East side of Buck Swamp beginning at an Elm which Warrant was assigned to the Petitioner

That the Petitioner obtained another Warrant of the said Governour for 500 Acres in the same County West side of Buck Swamp in Burn Coat

That the said Warrants were duly executed and returned into the Secretary's Office

That the Petitioner obtained Grants for both the said Tracts on the 16th day of December in the year 1735 as may appear by the minutes of Council as also by the Receiver Generals books

That he applyed several times to get Patents for the said Land out of the Secretary's Office but was informed that the Warrants and plots could not be found so that the Grants could not be made out

That the Petitioner hath true and attested Plots of the said Land ready to produce

-------------------- page 630 --------------------

Wherefore he prays that patents may be made out for him agreeable to the said Duplicates and bearing date on the day the same were granted and that the Deputy Auditor be directed to enter the same in his Book as if enrolled within six months from the date

Then Mr Thomas Jones was sworn who declared the aforementioned Plots were taken from the Surveyors field book and that they described the Land in the foregoing Petition mentioned and also that he himself made return of the original warrants and first plots into the Secretary's Office

Upon which his Excellency asked the opinion of the Board whether the Petition ought to be granted, who answered in the affirmative and Patents were accordingly Ordered to be passed to the said Benjamin Hill for the said Lands bearing date the 16th of December 1735 And that the Auditor enter the same as if enrolled within six months from the date of the said Patents

Read the following Petitions for Patents for Land Vizt

William Bird 6000 Edgcombe, Barnaby Bryant 250 Bertie, Dennis Folley 640 Tyrrel, Dennis Gleson 640 Do, Jno Little 200 Do, Jno Lett 600 Edgecombe, Jno Macakey 400 Tyrrell, Benja Saunders 600 Tyrrel, Arthr Smith 160 Tyrrel, Jas Spier 400 Edgcombe, John Wells 250 Bertie Granted

Read Sundry Petitions for Warrants for Land Vizt

William Farris 500 N. Hanover, John Garnix 500 Beaufort, John Pope 200 Craven, John Pope 300 Edgcombe, Samuel Laban Plumer 260 Pasquotank, Do 140 Do Granted


At a Council held at Edenton 25th March 1743
Present His Excellency the Governour
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 Cullen Pollock Esqr Member of Council
The Honoble Math Rowan Esqr Member of Council
The Honoble Will Forbes Esqr Member of Council

Read the Petition of John Fonville for altering the Record of a Patent the original Patent which was produced being for and in the name of his late Father John Fonvielle deceased but by mistake the Record thereof is in the name of the late John Ash Esqr

Ordered that the Record of the said Patent be altered in Council agreeable to the prayer of the said Petition which was accordingly done. The words Baptista Ashe being erased out of the Record of Patent Book 2, page 211 and the word Fonvielle written in the room thereof

Read the Petition of James Hinton, Henry Hill Gabriel Lassiter and Thomas Moore shewing that they had each of them purchased a Tract

-------------------- page 631 --------------------
of Land of the Chowan Indians and paid a valuable consideration for the same as by Indenture to be produced they were ready to make appear Praying that the said Indians might be admitted to acknowledge the said conveyances in due form and that the same may be recorded. Granted

Read the following Petitions for Patents for Land Vizt

George Bell Junr 200 acres Carteret county, Barnaby Bryant 50 Bertie, James Billyild 80 Pasquotank, David Bailey 300 Carteret, Richd Blow 200 Edgcombe, Robt Colley 320 Bladen, Jno Crickeet 320 Bertie, Lewis Davis 100 Tyrrel, Jos Dwight 200 Do, Jno. Davis 1,000 Bladen, Do 200 Hyde, Willm Fleetwood 300 Bertie, Jno Griffin 200 Tyrrel, Saml Gregory 215 Perquimons, Benja Hill 640 Edgcombe, Jno Hays 100 Tyrril, David Henery 300 N. Hanover, Jno Hardison 300 Tyrrel, Martin Jenkins 200 N. Hanover, Daniel Love 320 Do, Robt McGee 300 Tyrril, Wm Mills 620 Onslow, John Marshall 300 N. Hanover, Jos. Mercer 350 Tyrrel, Jno Odam 850 Chowan, Peter Parks 400 Do, Theophilus Pugh 200 Do, Henry Roberson 400 Tyrrel, Frans Rhodes 640 N. Hanover, Jno Sloan 200 Onslow, Benja Sellers 200 Edgcombe, Jas Sunner 100 Chowan, Jos Wimberly 250 Edgcombe, Jno Willard 200 Tyrrel, Will Webster 565 Beaufort Granted

Read Sundry Petitions for Warrants for land Vizt

John Boyd 300 Craven, Benjamin Hill Col 640 Edgcombe, William Lister 300 Craven, John Moore 150 Perquimons, Zach Nixon 157 Ditto, John Rawlings 200 Craven, Joshua Worley 150 Tyrrel, Joseph Wimberly 500 Ditto, Ditto 110 Ditto

P.M. Present as before.

Read the Petition of John Foneville praying that the Record of a Patent formerly granted to his Father John Fonville deceased (the same Record that was altered in the name of the Patentee this day by order of the board Vizt from Jno Baptista Ashe to Jno Fonville) may be further corrected the annual Quit rent therein specified being twice as much as in the original Patent which being produced Vizt a patent for 1122 acres in the County of Craven beginning at the side of a small Creek between John Fonville and Peter Handys it appeared that the Quit rent of the said Land is at 6d per hundred acres and no more but by the Record now also produced of the same Patent (the Scituation and causes being the same both in the Record and Patent the Quit rent reserved is one Shilling per annum pr 100ac

Ordered that the Record be made agreeable to the Patent, which was accordingly done in the Presence of the Governour and Council the

-------------------- page 632 --------------------
words one shilling being struck out and the words six pence interlined over them in the Record B. 2, page 411

Read the petition of the Chowan Indians complaining That James Brown, Richard Minshaw and others to whom some years past they sold and conveyed several small Parcels of the Lands formerly alloted them by the Government were not content to keep within their proper bounds but encroached upon the Indians Lands not made over to whom thereby defrauding his Majesty of his Quit rents and them of their property and defeating the intention of the late Lords Proprietors in favor of the said poor Indians. They therefore prayed that the said James Browne, Richard Menshew and the rest of the Purchasers may be ordered to lay out their several and respective Parcels of Land that is to say the true Quantity conveyed to each and every of them by their respective Deeds in order to ascertain their bounds and prevent any further Incroachments on the Petitioners Lands which since such sale do still remain to them in propriety Granted


At a Council held the 29th March 1743 Present as before—and James Murray Esqr

Read the Petition of Jacob Sheets and others the Palatines settled by Baron de Grafton reid at Nuse; shewing their Agreement with the said Baron and praying to have Titles made to them under the Crown and in order thereto that Warrants might issue to them respectively for laying out their Lands to each man his several Proportion or otherwise to be secured in their Possession

Then Cullen Pollock's Council produced a Patent to the said Pollocks Father Thomas Pollocks Esqr deceased for a large tract of land at Nuse, which was read and it appearing to the Council that the said Patent takes in the Palatine Lands. It was their unanimous opinion that the Governor is thereby precluded from granting the prayer of the foresaid Petition. Upon which the same was dismist.

Read the following Petitions for Patents for Land Vizt

Will Brice 200 N. Hanover, Chas Cogdale 100 Carteret, Wm Knight 320 Bertie, Leonard Langston 350 Edgcombe, Do 500 Do, John Sikes Senr 300 Craven, Wm Smith 640 Craven, James Winright 375 Carteret, Robt Halton 2000 N. Hanover Granted

Read Sundry Petitions for Warrants for Land Vizt

David Jamison 600 N. Hanover, Godfrey Lee 200 Edgcombe, William Ricks 250 N. Hanover, Edward Roberts 500 Bertie, William Stephens 400 Craven, Anthony Webb 87 Bertie, James Yeats 200 Carteret Granted

-------------------- page 633 --------------------

At a Council held the 30th March 1743 Present as before

His Excellency laid before the Board a letter from the Lieutenant Governor of South Carolina wherein he acquainted him he had repeated advice of Embarkations that were making from Cuba to the amount of 3,000 men which he said he had reason to believe were dessigned against Georgia and South Carolina and desired leave in case they should want assistance to raise a number of men in this Province not exceeding 1,000

Upon which His Excellency was pleased to ask the advice of his Majestys Council who were unanimously of Opinion with his Excellency that it behoved him to grant them the leave desired and all possible encouragement in raising men for the Defence of that his Majestys Province out of any part of this Province except the Counties of New Hanover Bladen and Onslow which being so much exposed to the attempts of an Enemy and besides thinly peopled they were of opinion they ought not to have any men drawn out of them. but the Board was of Opinion that if the Government of South Carolina should appoint Officers (which by the Lieutenant Governours Letter they seemed to intend) out of South Carolina their Lines would not be so readily made as if the officers were nominated from among our own People. In pursuance of which advice the Secretary was ordered to draw up a Letter to the said Lieutenant Governour to acquaint him that he might depend on leave to raise men as desired and all possible countenance and encouragement in the Prosecution thereof tho' he was afraid of the Success if the Officers should not be of this Country

The Lieutenant Governour of South Carolina having recommended Colo Maurice Moor as a fit Person to command the said Forces when raised his Excellency was pleased to order a Commission to be made out for him and accordingly a Commission was dispatched appointing him Colonel of a Regiment to consist of 1,000 men to be raised in several parts of this Province for the service of South Carolina and commanding him to march with the said Forces to their Assistance upon any Intimation from the Government of South Carolina that they had occasion for their Service.

Read the following Petitions for land Vizt

Thos Bradford 80 Bertie, James Spier 300 Edgcombe, Ditto 100 Do, Ditto 500 Craven, Edmd Smithwick 100 Craven, Wm Walker 200 Bertie Granted.

Thomas Pindleton was admitted to prove his rights—white 4, black—