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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
April 03, 1749 - April 14, 1749
Volume 04, Pages 945-953

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


At a Council held at New Bern 3d April 1749
Present His Excellency the Governor
The Honble Nath Rice Esqr Member of Council
The Honble Edwd Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council
The Honble Roger Moor Esqr Member of Council
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Roger Moor 200 Craven, Duncan McConshey 200 Bladen, Archibald Clark 200 Do, John Clark 150 Johnston, John Clark 150 Do, Malcolm Smith 100 Bladen, John Maddocks 500 Craven, Dennis Cannon 100 Do, William Waite 100 Bladen, James Welch Junr 300 Do, John Bryan 50 Do, Thomas Bryan Jr 100 Do, James Odam 640 Do, James Odam Junr 250 Do, Aaron Odam 100 Do, Gideon Gibson 100 Do, Ralph Miller 300 Anson, Ralph Miller 300 Anson, Samuel Carver 500 Bladen, William Maltsby 250 Do, Daniel McNeal 150 Do, Thomas Anderson 200 Do, George Fagan 200 Do, Abraham Duncan 300 Beaufort, John Tindhall

-------------------- page 946 --------------------
150 Do, Joseph Motte 200 New Hanover, Daniel Love 36 Ditto, Lazarus Peirce Junr 200 Beaufort, Francis Clark 200 New Hanover, Alexander Rouce 87 Do, Samuel Ratcliffe 200 Johnston, Robert Hines 50 Do, Robert Cook 300 New Hanover, William Bush 425 New Hanover, William Whitefield 100 Johnston, Abraham Boyd 600 Bladen, Do 200 Do, Do 100 Do, Edmund Cartlidge 200 Do, Do 200 Do, Thomas Everton 200 Craven, William Forbes 100 Bladen, Hopkin Howell 600 Do, Benjamin Horn 150 Do, Thomas King 400 Craven, John McCoy 150 Bladen Granted.

Read the Petition of Robert Taylor for one hundred Acres of Land in Johnston County Granted

His Excellency the Governour was pleased to acquaint the Council that Walter Lane, Thomas Masters and Joseph Carruthers had been recommended to him, in Order for his Appointment of one of them to execute the Office of Sheriff for Craven County and asked their opinion with regard to the most fitting Person to be named for that purpose Who having considered thereof advised his Excellency as their Opinion that Walter Lane of the three was the most proper person to execute the said Office. And accordingly it was Ordered that a Commission issue constituting and appointing the said Walter Lane Sheriff, for and within the County of Craven.

The following persons on Motion were admitted to prove their Rights Vizt

Edmund Cullen 6 whites in Craven County, Jonathan Cullen 4 do in do


At a Council held at New Bern 5th April 1749.
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble Math Rowan Esqr Member of Council and
The Honble Edward Moseley Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

Read Sundry Petitions for Warrants for Land as follows Vizt

William Routledge 100 Craven, Benjamin Fuzzel 100 New Hanover, John Prescot 100 Craven, Mathew Rowan Esqr 50 New Hanover, Andrew Lamberd 600 Anson, Hugh Blanings Junr 200 Bladen, Thomas Potts 500 Anson, Tyree Harris 600 Do, William Shirrel 400 Do, Samuel Beasam 400 Do, Jacob Faulkenberry 150 Do, William Kemp 400 Do, George Dobbs 150 Do, Henry Bedingfield 200 Do, William Bedingfield 150 Do, Joseph White Junr 250 Do, Joseph White & Fras Mackilwean 500 Do, Edmund Mitchel 300 Craven, Benjamin Jackson 200 Anson, Jonathan Cullen 200 Craven, Edmund Cullen 200 Do, Do 640 Do. Granted

-------------------- page 947 --------------------

Read the petition of Edmund Smithwick setting forth that he obtained the Kings patent for three hundred acres of Land lying in Craven County between little River and upper Bear Creek And conceiving there is more Land contained within the Courses and distances of the said patent than is therein specified. He humbly prays a Resurvey to be made thereof Granted and Ordered that the Surveyor General do cause a Resurvey to be made thereof Accordingly, and make a report thereof to this Board their next Sitting.

Read the following Petitions for Grants for Patents, Vizt

William Houston 150 New Hanover, William Henderson 640 Johnston, Anthony Herring 280 Craven, Alexander Mc Alister 200 Bladen, James Adams 600 Beaufort, Thomas Farmer 1172 Johnston, Simon Burney 400 Beaufort, Edmund Rocke 300 Bladen, Arthur Mabson 640 Carteret, Joseph Everitt 200 Johnston, James Barber 150 Do, Abraham Boyd 300 Bladen, Do 100 Johnston, Thomas Sasser 150 Do. Granted


At a Council held at New Bern 6th April 1749
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council.
The Honble Math Rowan Esqr Member of Council.
The Honble Eleazer Allen Esqr Member of Council.
The Honble Will Forbes Esqr Member of Council.

Read the following Petitions for Warrants for Land Vizt

John Rouces 150 Johnston, John Ricket 160 Bladen, John Mc Daniel 100 New Hanover, John Carthey 400 Anson, George Carthey Junr 400 Do, George Carthey 400 Do, Do 400 Do, Samuel Coburn 800 Do, John Carrold 200 New Hanover, Daniel Cox 400 Craven, Francis Mackilwean 200 Anson, John Roberts 100 New Hanover, Peter Gilshap 350 Craven, Francis Oneal 1,500 New Hanover. Granted

Read Sundry Petitions for Grants for Patents for Land Vizt

Alexander Mc Cullohs 1000 New Hanover, John Williams 400 Johnston, Alexander Mc Culloh 500 Bladen, Henry & Jacob Wells 200 New Hanover, Simon Player 200 Do, Robert Hatcher 250 Johnston. Granted

His Excellency was pleased by and with the advice and consent of his Majesty's Council, to Order that a Commission issue Constituting and appointing Caleb Grainger Sheriff for and within the County of New Hanover.


At a Council held at New Bern 7th April 1749
Present His Excellency the Governour
The honble Eleazer Allen Esqr Member of Council
The honble Math Rowan Esqr Member of Council
The honble Edward Moseley Esqr Member of Council
The honble Roger Moor Esqr Member of Council and
The honble Will Forbes Esqr Member of Council

Read this day at the Board the several Petitions of Hector McNeal and Malcolm Smith for certain Lands in Contest between the Parties

-------------------- page 948 --------------------
Scituate in Bladen County on the south side of the North West Branch of Cape Fear River about Twenty miles above Rock fish Creek being the surplusage found upon a resurvey of a Tract granted unto Colo James Innes, which, as Assignee of whom the said Smith claimeth. The Allegation of the parties and the Arguments offered on both sides being fully heard and considered his Excellency was pleased to ask the Opinion of the Council thereon who unanimously declared their sentiment in favour of the Petitioner Smith And accordingly it is Ordered that the said Malcolm Smith have a Warrant for such or whatever part of the Land as appears to be within the Lines or Bounds of his Tract on the South West side of the aforesaid River, he resigning to the said McNeal all right and pretensions to the Land on the other side thereof

Mr. Lovett acquainted the Board that in a Contest at a former Council between Jacob Sheets and Patrick Stanley in relation to certain Land upon the Determination of the matter it was adjudged and Ordered that Jacob Sheets should pay unto the said Patrick Stanley whatever Money he should make appear he had disbursed on Account of the Survey of the same, But the said Order thro' some means being omitted to be entered in the Council Journal the said Sheets had hitherto refused to pay any Obedience thereto, And thereupon He moved in behalf of the said Patrick Stanley that the same might either be confirmed against the said Jacob Sheets or renewed. The Board having considered of Mr. Lovetts report and Motion thereon, Resolved that such non-entry or omission should not tend to vacate the aforesaid Order of Council but that the same do stand and have its effect with regard to the said Patrick Stanley according to the End and Intention thereof

Read the following Petitions for Warrants for Land, Vizt

John Ferris 150 Craven, Thomas Williams 100 Do, John Payne 200 Do, Daniel McKikin 200 Bladen, George Nicholas 640 Do Granted

Read Sundry Petitions for Grants for Patents Vizt

Peter Matthews 200 Craven, Francis Stringer 300 Do, Thomas Holmes 150 Anson, John Clark 200 Do, John Bradshaw 300 Johnston, Peter Gillstrap 350 Craven, James Jewers 400 Anson, William Adkins 150 Do, John Ellarby 150 Do, James Cheyne 300 Craven, Robert Riley 200 Do, Robert Riley 250 Do, Thomas King 400 Do, Frederick Isler 400 Do Granted.

Read the petition of Thomas Lovick Esqr, setting forth that he together with Evan Jones and Thomas Walker are by Mesne Conveyances in possession of a Tract of six hundred and forty Acres granted by the late Lords Proprietors to John Lawson scituate on the south side of Neuse River and on the East side of Clubfoots Creek. And the Petitioner being

-------------------- page 949 --------------------
apprehensive that thro' some mistake of the Surveyor his Plantation is left out of the Boundary of the said Patent humbly prays a Resurvey thereof. Granted and Ordered that the Surveyor General resurvey the same accordingly, and make a report thereof to this Board at their next sitting.

His Excellency the Governour was pleased by and with the advice and consent of his Majesty's Council to Order that a Commission issue Constituting and appointing Aaron Tyson Sheriff for and within the County of Hyde

Mathew Rowan Esqr exhibited in Council a Patent to Samuel Baker for six hundred and forty Acres of Land lying in Bladen County on the South West side of the North West Branch of Cape Fear River lower side Mr. Rowan's Land dated the 19th day of June 1736. Praying that the Courses therein So 45 Wt 160 then No 45 Wt 140 may be altered as well as the Record thereof to So 45 Wt 160 So 45 Et 140 which was Granted and accordingly done in Council.

Then the Council adjourned till 3 oClock in the Afternoon.

The Council met according to adjournment.

Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council
The Honble Roger Moor Esqr Member of Council and
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

Read several Depositions taken by the Chief Justice pursuant to an order of Council made in June 1746 upon the Memorial of John Benbury of Chowan setting forth that William Luten Esqr one of the Justices of the said County had behaved unworthily in his Office and Contrary to the Duty of a Magistrate; Which appearing to the Governour and Council upon the return of the said Order, his Excellency was therefore pleased by and with the advice and Assent of his Majestys Council to Order the said William Lutens name to be struck out of the Commission of the peace for Chowan County, And that accordingly the Chairman do strike out the same at the next County Court.


At a Council held at New Bern 11th April 1749
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council and
The Honble Math Rowan Esqr Member of Council
The Honble Roger Moor Esqr Member of Council and

Read the following Petitions for Warrants for Land Vizt

John Whitlys 200 Johnston, Emanuel Dees 100 Do, William Dees 100 Do, Gideon Allen 200 Do, Benjamin Williams 200 Do, John Smith

-------------------- page 950 --------------------
100 New Hanover, Do 150 Do, John Blackman 200 Johnston, John Smith 300 Do, Samuel Moor 200 Onslow, William Morgan 200 Do, Philip Millar 200 Bladen, John Williams 300 Craven, Robert Davis 150 Do, Florence Sex 100 Do, John Fishpoole 150 Johnston, Abraham Boyd 400 Anson, John Becton 100 Craven, James Davis 100 Johnston, John Mackilroy 100 Do, John Price 300 Anson, Peter Ellet 200 Do, Mark Finch 640 Anson, Reese Price 600 Anson, Robert Brown 600 Do, John Clark 1000 Do, Thomas Cox 640 Do, James Bearfield 100 New Hanover, Alexander McCulloh 100 Do, John Carruthers Junior 150 Craven, James McGee 640 Anson, James Mackilwean 1000 Do, John McGee 640 Do, Richard Graham 400 Do, Andrew McGee 640 Do, Do Do 500 Do, George Davison 300 Do, Thomas Robertson 400 Do, Thomas Dill 400 Do, James Dill 400 Do, Mathew Dill 400 Do, William Dees 100 Johnston Granted

Read the following Petitions for Patents for Land Vizt

Richard Mason 200 Craven, Edmond Cullen 640 Do, Anthony Mitchel 200 Onslow, Anthony Williams 200 New Hanover, John Dudley 300 Onslow, John Nelson 156 Carteret, Daniel Love 36 New Hanover, John Rouce 320 Johnston, Peter Debush 150 New Hanover, Michael Higgins 200 Johnston, Walter Gibson 200 Anson, William Arrendall 95 Johnston, Francis Benton 220 Do, Gibson Martin 200 Do, John Jones 300 Do, Burlingham Rud 300 Bladen, John Pressly 200 Do, Thomas Armstrong 200 Do, Do 400 Do, William Dupee 300 Craven, John Yeats 300 Do, Thomas Farmer 200 Johnston, Jacob Farrow 400 Currituck, Jacob Ipock 80 Craven Granted

Read the Petition of Edward Connor setting forth that Martin Trentham some time since obtained his Excellency's Warrant for four Hundred Acres of Land situate in Bladen County on the North West river of Cape Fear, joining Captain Moores back Line of his patent Land at a Place called Lord's Creek. Which has been duly executed, but Thomas Jones Surveyor altho' he has been importuned thereto, has failed to make a return thereof to the prejudice of the Petitioner, in as much as having purchased the said Land of the aforesaid Trentham and engaged to take out the Patent for the same he is thereby both hindered from obtaining a Patent and consequently a Title to the premises, Praying that the said Jones may be compelled to make a return of the aforesaid Warrant, that so the Petitioner may be enabled to fulfil his Engagement and the said Martin Trentham to execute a Deed pursuant to the purchase aforesaid

Ordered that the Surveyor General have Notice hereof, and that accordingly he direct the said Thomas Jones not to fail in making a return of the aforesaid Warrant into the Secretarys Office by the next Court of Claims at farthest

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Eleazer Allen Esqr Receiver General observed to the Board that Sundry Persons had lately obtained Warrants for Land and still continued to take up who had either neglected or refused to pay the Rents due from them to his Majesty for many years past whereby they had rendered themselves he apprehended very unworthy of such indulgence; And thereupon he moved in behalf of his Majesty that no Warrants for Land might hereafter be granted to persons so in arrear untill they shall have fully paid and discharged the same Which being considered by his Excellency and the Council, it is Ordered accordingly that for the Future no Person shall be admitted to take up any Land till he shall have fully discharged and paid off the Arrears of Rent for the Lands by him already holden.

Ordered that for the future no Person keeping Ordinary be recommended to the Governour to be Appointed Sheriff for any County within this Province and to that End that Copies of this Order be transmitted to the several and respective County Courts within the same

His Excellency the Governour was pleased by and with the Advice and Consent of his Majestys Council to Order that a new Commission of the peace and Dedimus issue for Anson County constituting and appointing James Mackilwean, Joseph White, Charles Robertson, Edmund Cartlidge, William Philips, Samuel Davis, Thomas Smith, James Cathey, John Holmes, Alexander Osborn, Walter Carooth, John Brevard and John Brandon Esqrs Justices of the Peace for and within the County of Anson.

His Excellency the Governour was likewise pleased by and with the Advice and Consent of his Majestys Council to Order that a New Commission of the peace and Dedimus issue for Bladen County appointing Hugh Blaning, Griffith Jones, Joseph Clark, Daniel McNeil, William Bartram, James Lyon, Samuel Baker, Benjamin Fitzrandolph, Ralph Millar, John Brooks, John Grange, Thomas White, John White, Timothy, Terrill Esqrs Justices of the Peace for and within the County of Bladen.

Read the petition of Edward Connor Shewing that [at] a former Council he obtained an Order for the resurvey of a Tract of Six hundred and forty Acres in Bladen County thereby to discover a Mistake which the Surveyor had committed in the first Survey but Thomas Jones Deputy Surveyor to whom the said Order was directed having neglected to execute the same altho he was upon the spot and often importuned by the Petitioner thereto. He humbly prays that the said Jones may be compelled to perform his Duty therein.

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Ordered that the Surveyor General have Notice hereof and that accordingly he direct the said Thomas Jones to make a Resurvey of the Premises forthwith, and report the same to this Board at their next Sitting agreeable to the tenour of the aforesaid Order of Council.


At a Council held at New Bern 13th April 1749
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council and
The Honble Roger Moor Esqr Member of Council and
The Honble Math Rowan Esqr Member of Council
The Honble William Forbes Esqr Member of Council

Read the Petitions of the following Persons for Warrants for Land Vizt

John McGees 300 Anson, Samuel Negus 100 Carteret, John Fryar 200 New Hanover, Nehemiah Scott 200 Do, Seth Johnson 100 Craven, Francis Mackilwean and Joseph Carruthers 200 Johnston, Robert Kilcriss 200 Anson, Thomas Thompkins 200 Do, Samuel Hough, 300 Do, George Holmes 100 Do, Andrew Killens 1000 Do, Do 1000 Do, Samuel Wilson 600 Do, Robert Runax 375 Do, Robert Sepper 375 Anson, Joseph McDowall 540 Do, John Belty 400 Do, Edward Givins 375 Do, Thomas Robertson 250 Do, Thomas Stockley 150 Onslow, John Rice 400 Bladen, Lenard Killen 1000 Anson, John Killen 1000 Do, Thomas Thompkins 200 Do. Granted.

Read the following petitions for Grants for Patents Vizt

John Smith 456 Craven, John Russet 200 Do, Richard Hart 100 Do, Thomas Stevens 160 Do, Samuel Berry 200 Do, James Perkins 200 Beaufort, Thomas Suggs 500 New Hanover, Horatio Woodhouse 330 Onslow, Francis Mackilwean and Joseph White 500 Anson, Francis Mackilwean 200 Do, John Clark 400 Do, Andrew Moorman 400 Do, George Dobbs 150 Do, George Kernegee 100 Craven, Do Do 50 New Hanover, George Kearnegee 50 New Hanover, Solomon Ogden 250 Do, Simon Holmes 400 Craven, Richard Ogden, 100 New Hanover, Nathan Giles 200 Johnston. Granted.

Read the Petition of William Cole setting forth that Lewis Conner under the late Lords proprietors is Patentee of a parcel of Land containing five Thousand Acres, or thereabouts; Scituate in Carteret County, known by the name of Cedar Island, being now in the possession of Samuel Smith, And the Petitioner conceiving there is a vast Quantity of Land contained within the Courses and Distances of the said patent more than the same specifies. He humbly prays a Resurvey. Granted and Ordered that the Surveyor General resurvey the same Accordingly, and make a report thereof to this Board at their next sitting

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His Excellency the Governour was pleased with the Assent of his Majesty's Council to Constitute and appoint Edward Ward Sheriff for and within the County of Onslow. Ordered that a Commission accordingly issue for that purpose.

His Excellency was likewise pleased by and with the advice and Consent of his Majesty's Council to Order a new Commission of the Peace and dedimus issue for Craven County Constituting and appointing Edward Griffith, John Bryan, John Carruthers, Daniel Shine, Evan Jones, Henry Heylin, Elias Ligardere, Joseph Bulch, John Clitherall, Thomas Graves, Hardy Bryan and Southey Rew, Esqrs Justices of the Peace for and within the County of Craven


At a Council held at New Bern 14th April 1749
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of Council
The Honble Edward Moseley Esqr Member of Council
The Honble Eleazer Allen Esqr Member of Council and
The Honble Roger Moor Esqr Member of Council and
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

John Fredrick Margals 300 Craven, Simon Beasley 100 Do, John Fonvielle 600 Do Granted

Read Sundry Petitions for Grants for Patents, Vizt

John Hoard 260 Beaufort, Arthur Johnston 100 Craven, George Norris 200 Do, Thomas Nelson 300 Carteret, Nathaniel Everit 200 Onslow, James Cheyne 200 Craven, George Kernegee 100 Do, John Nelson 80 Do, Thomas Nelson 640 Carteret, Do 50 Do, William Kemp 400 Anson, Thomas Williams 225 Beaufort Granted

Read the petition of John Nelson shewing that Richard Smith obtained from the late Lords proprietors a Patent for nine hundred Acres of Land situate in Craven County on the North side of Neuse, Powells Creek which is now in the possession of the Petitioner: Who conceiving there's more Land contained within the courses and distances of the said Patent, than is herein mentioned, He humbly prays a Resurvey which is Granted and Ordered that the Surveyor General resurvey the same accordingly and make a report thereof to this Board at their next sitting

John Fredrick Margals moved the Board for leave to be admitted to prove his Rights which was Granted and he makes Oath that his Family residing in Craven county consists of six white persons

Read the petition of John James shewing a certain error in his patent and plat praying an alteration thereof Vizt the first Course North 20 East 132 be made North 48 East 132 poles to a stake which was granted and the patent and plat rectified accordingly in Council

By order
JOHN RICE C C