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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
June 16, 1746 - June 28, 1746
Volume 04, Pages 803-814


At a Council held at Newbern 16th June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci
The Honoble Edward Moseley Esqr Member of His Majestys Counci
The Honoble Willm Forbes Esqr Member of His Majestys Counci

Read the following Petitions for Land, Vizt

Benjamin Mason 125 Hyde, John Easter 100 Do, John Benson 40 Craven, John Kemsey 100 Onslow, Thomas Norwood 200 Craven, Valent Wallace Senr 150 Carteret, Henry Smith Senr 300 Do, James Hasell Jun 200 New Hanover, Joseph Morgan Senr 200 Onslow, John Becton 100 Craven, Edward Outlaw 200 New Hanover, John Rouse 200 Craven Francis Holton 200 Bladen, Alexr McAllester 200 Do, Henry Bradley' 100 New Hanover, David Smith 500 Bladen. Granted

North Carolina

At a Council held at Newbern 18th June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci
The Honoble Edward Moseley Esqr Member of His Majestys Counci
The Honoble Willm Forbes Esqr Member of His Majestys Counci

Read the following Petitions for Land Vizt

Daniel Simmons 200 Craven, John Taylor 100 Do, Joseph Kemp 100 N. Hanover, Conred Whitman 200 Do, William Gray 300 Craven, John

-------------------- page 804 --------------------
Smith 500 Beaufort, John Herring 200 Craven, Do Do 200 Do, Joseph Dukes 100 New Hanover, John Dudley, 300 Onslow, John Davis 400 New Hanover, Jacob Hanshaw 200 Do, William Grassett 100 Do, William Frazier 100 Carteret, John Speir 100 Craven, Edward Ward Senr 200 Onslow, John Moore 100 Craven, Gresham Wiggins 300 Do, John Fitzjarrold 150 Do, Morrice Walker 200 Do, Do Do 200 Do, Martin Bender 640 Do. Granted

Read the following Petitions for Patents Vizt

Adam Moore 200 Craven, John Howard 300 Onslow, Edward Williams 180 Craven, James Gumley 320 Do, Abraham Duncan 350 Beaufort, Samuel Goodman 400 Bladen, Do Do 300 Do. Granted.

Read the Petition of Samuel Goodman shewing that in April 1745, There was a Petition Exhibited before the Honourable Board setting forth that he had often acted contrary to Justice and Equity in the Office of a Justice of the Peace, Praying that the said Petitions Exhibited by John Clark of P. D. against him may be read in Council, and that he may be admitted to appear and Justify himself from such calumny.

Ordered that the said John Clark do attend at the next Council to answer this Petition.


At a Council held at New Bern 21st June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Eleazer Allen Esqr Member of His Majestys Counci
The Honoble Edwd Moseley Esqr Member of His Majestys Counci
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble Willm Forbes Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci

Read the following Petitions for Warrants Vizt

Thomas Jerman 200 Craven, Joseph Howell 100 Do, William Dupee 300 Do, William Mills 100 New Hanover, James Burns 150 Bladen, James Williams 100 Craven, Nathaniel Smith 300 Carteret. Granted

Read the following Petitions for Patents Vizt

James Marshall 200 Craven, John Williams 120 Do, Benjamin Williams 130 Craven, John Williams 400 New Hanover, William Kemp 640 Bladen, John Francis 300 Do, John Kornbeck 400 Do, William McCoy 300 Do, Edward Stevens 200 Do, John Becton 200 Do, Archd Buy 200 Do, John Becton 200 Do, John Callehan 400 Do, Anthony Coxks 400 New Hanover, Walter Lane 270 Craven, Anthony Cox 180 Do, Thomas Walker 170 Do, David Evans 300 New Hanover, Joseph Bryan 175 Craven, William Bush 300 Do, James Burns 200 Bladen, Robert Fellows 50 Craven, John Red 150 Bladen, Stephen Hollingsworth, 600 New Hanover, Robert Cortney 150 Onslow, John Ashe 640 New Hanover, John Williams 100 Do, John Clark 195 Bladen, Do Do 640 Do, Do Do 270 Do, Do Do 810 Do. Granted

-------------------- page 805 --------------------

Read the Petition of Moses Tillman.

Ordered, That the same be delayed 'till the Return of the Resurvey granted to Peter Privet last Court, And that in Case the said Privets Resurvey is not Returned at the next Court, That then the said Tillmans Petition be Granted.

Upon a Caveat Entered by Arthur Johnson against James Macleweans Obtaining Letters of Administration on the Estate of Simon Lucas Gent dec̄ed, and on hearing the Arguments on both sides. It is ordered that Administration be Granted to the said Macklewean.


At a Council held at Newbern 26th June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Nathaniel Rice Esqr Member of His Majestys Counci
The Honoble Edward Moseley Esqr Member of His Majestys Counci
The Honoble Eleazer Allen Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble William Forbes Esqr Member of His Majestys Counci

Read the following Petitions for Warrants Vizt

Joseph Williams 400 Currituck, Samuel Johnston 400 Onslow, William Salter 200 Carteret, John Chitheral 150 Do, Francis Rowan 1,500 New Hanover. Granted.

Read the following Petitions for Patents Vizt

Peter Baston 100 Carteret, John & Saml Field 550 Onslow, John Mills 150 Craven, Richard Cox 150 Do, Dennis McClenden 300 Do, John Wynns 400 Do, John Roberts 100 Craven, Do Do 200 Do, Thomas Banks 770 Do, Joseph Balch 448 Do, Anthony D'Bois 400 New Hanover, James Junis 640 Do, John Rawlins 200 Craven, Thomas Greenwood 200 New Hanover, Nathaniel Everet 300 Onslow, Do Do 300 Do, John McCoy 300 Bladen, Do Do 300 Do, Samuel James 250 Onslow, Thomas Armstrong 300 Bladen, Do Do 300 Do, George Burgess 290 Craven, Luke Whitfield 200 New Hanover, John Gready 450 Bladen. Granted.


At a Council held at New Bern 27th June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Nathaniel Rice Esqr Member of His Majestys Counci
The Honoble Edward Moseley Esqr Member of His Majestys Counci
The Honoble Eleazer Allen Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble William Forbes Esqr Member of His Majestys Counci

Read the following Petitions for Warrants Vizt

Robert Lee 200 Craven, Bennet Blackman 200 Do Granted

Read the following Petitions for Patents Vizt

Jacob Taylor 140 Craven, Nicholas Routledge 400 Do, Mathew Rayford 640 Do, Jonathan Taylor 600 New Hanover, Thomas Mercer 200 Craven Granted

Upon the Petition of Francis Beter the Executor (in Right of his Wife Eliza) of Thomas Pitson dec̄ed

-------------------- page 806 --------------------

Shewing That the Church Wardens and Vestry of Christ Church in Craven County obtained a Ne Exeat against him by which he hath been confined in New-Bern Goal since the 7th of Febry last and who at the same time filed a Bill in Chancery against him and others for a certain Legacy left to the Poor of the said Parish by a Pretended Will called the last Will and Testament of the said Thomas Pitson dec̄ed And as he can shew the said Pretended Will to be unlawfull and not the last Will and Testament of the said Thomas Pitson when required, Praying to be relieved in the Premises

Whereupon His Excellency the Governor on hearing the Council for the Petition, and also for the Parish was Pleased to dissolve the said Ne Exeat

Read the Petition of Nathan Smith, Praying for a Resurvey of some Lands lying in Craven County which he purchased of the Heirs of Charles Glover dec̄ed, the said Smith apprehending that there is a greater Quantity of Land within the Lines of Glovers Patent than the said Patent mentions, And it being suggested that Arthur Johnson some considerable Time agoe had Petitioned for a Resurvey of the said Glovers Land but that he could not find the Courses of the said Glovers Land in the Secretarys Office

Whereupon His Excellency was pleased to Order that the said Smiths Petition be delayed 'till the next Court of Claims and Johnson do then make return of his Resurvey.

Read the following Petitions for Patents Vizt

Benjamin Sanderson 150 Craven, Do Do 150 Do. Granted


At a Council held at New Bern 28th June 1746
Present His Excellency Gabriel Johnston Esqr Gov. & c.
The Honoble Nathaniel Rice Esqr Member of His Majestys Counci
The Honoble Edward Moseley Esqr Member of His Majestys Counci
The Honoble Eleazer Allen Esqr Member of His Majestys Counci
The Honoble Roger Moore Esqr Member of His Majestys Counci
The Honoble Mathew Rowan Esqr Member of His Majestys Counci
The Honoble William Forbes Esqr Member of His Majestys Counci

Read the following Petitions for Land Vizt

Richard James 150 New Hanover, Benjamin Fuzzell 150 Do. Granted

Read the petition of John Fitzjarrald

Shewing, That Richard Bass by the Kings Patent is possessed of a Tract of Land containing 400 Acres on the North side of Neuse river and conceiving that the said Bass holds a considerable Quantity of Land more than the said Patent mentions, Therefore prays a Resurvey thereon which is Granted

Read the Petition of Moses Reed in behalf of the Orphans of Henry West deced.

-------------------- page 807 --------------------

Shewing That the said West in his Life time took up and patented 640 Acres of Land in Edgecombe County on the North side of Fishing Creek, but having just reason to believe that there is not near that Quantity of Land within the Lines of the said Patent Praying a Resurvey thereon which is Granted.

Read the Petition of Magdaline Hamilton for a patent for 640 Acres of Land in New Hanover County the same is Granted.

Whereas an Order of Council was made in the Month of March 1738/9 Importing that whereas by a former Settlement for the distribution of the £200 Proclamation Money allowed by His Majesty for the holding two Courts of Oyer and Terminer, the provost Marshall was to receive the sum of £60 for his attendance on the said Courts, And whereas sometimes after the said settlement, the said Office of Provost Marshall was abolished, and Sheriff instituted in his stead

His Excellency by and with the advice and consent of His Majestys Council thought proper to make the following alteration in the said Establishment Vizt That only Thirty Three Pounds six shillings of the said Two hundred be hereafter paid to the Sheriff now in the Place of the Provost Marshall, Vizt the two Sheriffs of Chowan and New Hanover, And that the residue of the said Sixty Pounds Proclamation per Annum Vizt Twenty six Pounds thirty shillings and four pence per annum be paid to the four Senior Councellors for holding Courts of Oyer and Terminer at Wilmington who were at the same time appointed to hold the said Courts

And the Secretary acquainting this Board that the said Order for want of the Record Book to enter the same in due time and place was lost in Carrying from one place to another or mislaid so that it could never be found to be entered in the Council Journal

Resolved that the foregoing Recital contain the matter of the said Order of Council so lost or mislaid, and that notwithstanding such Omission or non-entry, the said Order do stand and have its Effects with regard to the said Councellors who are or shall be entituled to receive such Part of the said £60 as aforesaid from the time aforesaid, and that they continue to receive the same.

Mathew Rowan, William Forbes and George Gould Esqrs Three of the Commissioners appointed by Governor in behalf of His Majesty for Continuing the Line Ordered to be run by His Majesty between him and the Earl of Granville in conjunction with those appointed by the said Earl of Granville One full and entire Eight part of the Province of Carolina now Exhibited their Several Accounts of Expences in this Service which were as follows Vizt

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North Carolina—Bath Town

Disbursements by Mathew Rowan One of the Commissioners for running the Line between His Majesty and Lord Granville.

174⅚
March
19th
To ¼ part of Capt Cotauches Acct
£43
To ¼ part of Cass Acct
14
7
6
20th
To paid at Allegoods
1
1746
To paid Matthews for ½ busl Corn
10
April
7th
To paid for taking two Horses
2
10th
To paid Mr. Benja Peyton for 3 Negroes and 3 Horses each
84
To paid Francis Searle 28 days for himself and Horse
28
£172
17
6
To paid Thomas Mills half his Wages
12
To paid Peter Parker in Sundries
20
To paid Benjamin Goodrick
3
11th
To paid John Smith
5
12th
To paid Stephen Hollingsworth for Corn
1
To my own allowance for myself servant Horses and Expenses at £1 : 10 Ster per day and for going and returning, Beginning the 3d day of March being 46 days in the whole
690
£903
17
6

Errs Exd

MATHEW ROWAN

Newbern June 27th 1746.

Bath Town.

An Account of Disbursements by William Forbes One of the Commissioners for running the Line between His Majesty and Lord Granville

To cash Paid Capt Cotauche for Sundries for the Expedition
£43
10
To paid John Moy for his Wages on Do
39
To paid McCalf for Sundries on Do
14
7
6
To my Wages 47 Days at 30s Ster per day in N. Carolina Curry amounts to
705
£801
17
6

Errs Exd per


New Bern June 28th 1746
WILLIAM FORBES.
-------------------- page 809 --------------------

Bath Town

Disbursements by George Gould Esqr One of the Commissioners for runing the Line between His Majesty and Lord Granville

1745
Sept 23d
To Bills paid Thomas Todd as Chain Bearer
£7
Do to William Smith another Chain Bearer
10
Do to Joseph Bullerton
7
Do to Peter Yates
7
To Bills for Ferrys &c
8
Paid Duncan
16
10
To canvas for Bags and hire of a baggage Horse
10
To Bills paid Duite for the Chain Carriers
3
To 7 Days Wages
105
£173
10

Errs Exd

GEORGE GOULD.

North Carolina—Bath Town

Disbursements by George Gould Esqr One of the Commissioners for running the Line between His Majesty and Lord Granville

174⅚
March 8
To Mr. Duncans Bill for Jno Gray Dep. Sur
£10
13
6
To Hamiltons Bill
4
12
To Buttertons Bill, Mr. Duncans & Mr. Howcots
8
2
To William Gray Chain Bearer
2
2
To Mr. Congleton £1, 17, 6 To Mr. Bonner £10
11
17
6
To Mr. Nois and at Guins Ferry
7
5
To Mr. Buck £13 paid Mr. Ward thro' the swamp 3
16
To Mr. Bonner for 5 breakfasts and hire of two boys
2
5
To more paid to Mr. Buck
5
To paid Guess £1 & Do for Corn £2.
3
To paid Mr. Allen my part of Provision at Bath
57
10
To Corn and Eggs
2
15
To John Gray for Ozenb: &c
2
To paid John Grays Son
38
-------------------- page 810 --------------------
To John Butterton
40
To Mr. Buck for two Horses and a Negroe
31
10
To my own Wages 42 days
630
To 200 lb of Bread paid for to Mr. Boyd
20
To 2 Tin kettles and sauce pans
4
16
To a Gridiron
1
15
To Hire of a Tent
20
£919
1

Errs Exd

GEORGE GOULD.

John Gray one of the Surveyors on the Part of his Majesty Producing to the Board a Certificate under the Hands of the Commissioners of the Numbers of Days he was in the Service in continuing the Dividing Line between His Majesty and Lord Granville whereby it appeared there was due to him for his said Service and return home, the sum of £231.5.

His Excellency the Governour was thereupon pleased to lay the same before the Board for their Inspection, and the Board having Examined the Several Articles contained in their respective Accounts find the same to be agreeable to the Order of this Board for settling the Wages and Expences of the Commissioners and Surveyors on this Service and are therefore of Opinion that the said Accounts are Just and reasonable.

Whereupon His Excellency the Governour in Pursuance of His Majestys Royal Order and Instruction was pleased to Order a Warrant to be drawn directed to Eleazer Allen Esqr His Majestys Receiver General of this Province to be signed by him and the Council for paying the said Commissioners the sum of £302.19.1½ Sterling being the Amount of their Several Accounts now delivered

Edward Moseley Esqr Produced to the Board a Paper Dated at Saxapahaw River the 10th of April 1746, Signed by Eleazer Allen, Mathew Rowan, William Forbes and George Gould Esqrs Commissioners for runing and continuing the Earl of Granvilles Southern Boundary on the part and behalf of His Majesty and by himself and Roger Moore Esqrs Commissioners on the behalf of the Earl of Granville which he desired might be Entered on Record in the Secretarys Office which is accordingly Ordered And is as follows, Vizt

North Carolina—ss.

We the under written Commissioners appointed by his Majestys Authority and the Earle of Granvilles to run and continue the Earl of Granvilles Southern Boundary having run and marked the same from

-------------------- page 811 --------------------
the West side of Pamplico River to the West side of Saxapahaw River commonly called the North West Branch of Cape Fear River in all one hundred and three miles and two hundred and seventeen Poles Do hereby consent and agree to run and continue the Earl of Granvilles Southern boundary from the said Saxapahaw River to the Westward and to begin the same in the Month of September ensuing the date hereof for which Purpose it is agreed by Us That the Commissioners on the part of His Majesty and the Earle of Granville are to meet at the house of Peter Parker on Saxapahaw River the Twenty second day of September to continue the said Line on or near thereto as well as may be the said Peter Parker's house being nearest to the Place where we have now left off, the season of Planting not Permitting those Employed by the Commissioners to be longer out in the Back Country at the time of the year nor is the same practicable to be continued at this time by reason of the Poverty of the Houses by Travelling so far already in a part of the Country affording little or no herbage at this Season and very thinly Peopled nor can we be supplyed either with Corn for the Horses or Provision for Ourselves and those employed by us, there being no Inhabitants that can assist us to the Westward of Saxapahaw River. In witness whereof we have this day Sett our Hands at Saxapahaw river this 10th day of April Anno Dom. 1746

EDWARD MOSELEY
MATHEW ROWAN
ROGER MOORE
WILLIAM FORBES
ELEAZER ALLEN
GEORGE GOULD

His Excellency having informed the Board that the Attorney General in behalf of Henry McCulloh Esqr Commissioner of the Quit Rents had applyed to him for a Copy of Eleazer Allen's Esqr his Bond and Security for the faithfull Execution of his Office as Receiver General of this Province and having demanded their Opinion and Advice, the Receiver General desired to be first heard before the same should be given or any resolution taken thereupon and then proceeded to acquaint his Excellency and the Council that the said Henry McCullock had not only given out speeches injurious to his Reputation with regard to the Discharge of the said Office but had some time since writ him a Letter wherein he charges him with defrauding His Majesty in his Accounts which as the said Accts were proved before His Excellency upon Oath was indirectly and consequently accusing him of Perjury. And at the same time observed that tho upon the like Complaint in a Memorial by him Exhibited to this Board in April 1745 the said Henry McCulloh was cited to appear before His Excellency and the Council at their next Meeting to make good his charge or shew cause if any he had for Writing the aforesaid Letter or speaking as aforesaid

-------------------- page 812 --------------------
he had hitherto failed in such appearance nor had ever offered any thing either by word or Writing in Support of such his Allegations or Insinuations, And Therefore Prayed that the said Henry McCullock might be Summoned again to appear before this Board to Shew cause as aforesaid so that he the said Eleazer Allen might have an oppertunity to Vindicate his Character, and that 'till then the said Bond might not be delivered to the Attorney General which would Subject him to a vexatious Prosecution for which he was ready to make appear there was not the least foundation.

Then His Excellency was Pleased to put the following Queries to the Attorney General

First. Did you not apply to me for a Copy of Mr Allens Bond and Security as aforesaid

Answer—That he did, but added twas the Original Bond he wanted

Secondly. Did you apply or had you any Orders from Mr McCullock to Apply to the Secretarys Office for such Copy or Original

Answer—No; but was Directed to apply to the Governor.

Thirdly. With what Intent or to what Purpose was this Bond demanded.

Answer—To put in Execution; adding that in the Kings Suite the Original Bond ought to be put into the Hands of the Attorney General.

Then His Excellency was pleased to ask the Opinion of the Council who having considered the Nature of the Demand and the several Answers of the Attorney General to the foregoing Interrogatories, came to the following Resolutions, Vizt

First. That the Attorney General could not regularly apply to the Governor for the said Bond or Copy unless he had been refused the same at the Secretarys Office.

Secondly. That it does not appear to them that the said Henry McCullock has any Right to demand the said Bond 'till he has shown whereon his Complaint is founded.

Thirdly. That Prior to such application he ought to have Produced his Commission and Instructions if any such he has, that give him a Right to make such a Demand, antecedently to the taking the said Previous Steps

Fourthly. That the Governor is not obliged to give any Order for Prosecuting of the said Receiver General or Delivery of the said Bond till Mr. McCullock has appeared before this Board to Justify his complaint.

Fifthly. That after that, and upon a Suite commenced, the Attorney General might have a Copy of the said Bond from the Secretarys Office

-------------------- page 813 --------------------
and when the same is at Issue upon a Precept from the Court, the Original.

Then the Board was Pleased to Order that the said Henry McCullock do lay his Commission before the Board, or an Attested Copy thereof at their next meeting; as also his instructious, if any such he has whereon to found a Pretension of this extraordinary Nature, And that he fail not then to appear to give in his Answer to the aforesaid Memorial and Representation of the Receiver General, And that he be summoned accordingly

His Excellency the Governor was pleased to order a Dedimus to issue directed to the Chairman and the rest of the Justices of New Hanover County to Administer the Oaths of Government (as also the Oath of a Justice of the Peace) to William Dry and Gent hereby appointed Justices of the Peace for and within the said County of New Hanover.

His Excellency the Gov. by and with the Advice and Consent of His Majestys Council was pleased to Order a New Commission of the Peace to issue for Edgecombe County, Constituting and appointing William Cathcart, David Coltrane, John Hardy, Joseph John Alston, James Speir, Samuel Williams, Thomas Hearny, Joseph Howell, John Haywood, William Taylor of Conoconaro, William Kinchen, James Conner, William Taylor near Zehukee, John Lane, John Pope, William West and Aquilla Suggs Esqrs Justices of the Peace for and within the said County

His Excellency the Governor was pleased also by and with the Advice and consent of His Majesty's County [Council] to Order a Commission of the Peace to issue for Granville County constituting and Appointing William Eaton, William Persons, James Mitchell, James Payne, John Martin and Robert Parker Esqrs Justices of the Peace for and within the said County.

His Excellency the Governor was also pleased by and with the advice and Consent of his Majestys Council to Order a Commission of the Peace to issue for Pasquotank County constituting and appointing Thomas Pendleton, Charles Sawyer, Cornelius Relf, David George, William Burgess, John Scarbrough, Benjamin Burnham, Robert Munden, Thomas Relf, Benjamin Simons, Robert Lawrey, Joseph Bailey Esqrs Justices of the Peace for the said County

A new Commission of the Peace was Ordered by His Excellency the Governor (by and with the advice and consent of His Majestys Council) to issue for Hyde County constituting and appointing Joseph Tart John Smith Senr Richard Laremount, John Smith Junr Benjamin Martin John Harvey, Nathaniel Elom, John Smith Cooper, Aaron Tyson, Henry

-------------------- page 814 --------------------
Gibbs Senr John Slade Senr Foster Jarvis, Henry Gibbs Junr George Turner Esqrs Justices of the Peace for and within the said County

Ordered That a Dedimus issue directed to the Chairman of the County Court of Chowan to Qualify Henry Baker, John Sumner, Demsey Sumner and William Hunter Gent hereby appointed Justices of the Peace for and within the said County of Chowan.

Ordered that a New Commission of the Peace issue for Craven County constituting and appointing Samuel Johnston Justices of the Peace for and within the said County

Ordered that a New Commission of the Peace issue for Johnston County constituting and appointing Francis Sliniger, John Becton, Simon Bright, John Irms, Abraham Boyd, John Smith, Samuel Smith, John Kerring Senr, Gilbert Kerr, John Monk, Robert Butler, John West and James Macklewain Justices of the Peace for and within the said County.

Read the Memorial of Capt John Benburry charging William Luton late Sheriff of Chowan and now a Justice of the Peace for the said County with divers abuses and Malversations in both the said Offices as well as in the Administration of the Estate of Kender Luton deceased.

Ordered that the Chief Justice be directed to enquire into the Merrits of the Complaint and to examine Witnesses upon the Several Alligations of the said Memorial and to make report to His Excellency the Governour of the Effect of his said Inquisition and Examination and that a copy of the said Memorial be transmitted to the Chief Justice together with this order thereupon.