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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
October 02, 1749 - October 18, 1749
Volume 04, Pages 961-971


At a Council held at New Bern 2d October 1749
Present His Excellency the Governour
The Honble Eleazer Allen Esqr Member of Council
The Honble James Murray Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

His Excellency the Governour observed to the Members of Council present that by the death of Colonel Moseley a late Member of his Majesty's Council and the indisposition of two of the Council residing at Cape Fear there was not a sufficient number of Councellors to act in a Legislative capacity (five members being held necessary to form an upper house) and desired their Opinion whether it would not be for his Majesty's Service in the present Conjuncture to appoint a Councellor in the Room of Colo Moseley deceased untill his Majesty's Pleasure shall be known thereon which the Honorable the Council unanimously approved of Whereupon his Excellency by and with the advice and consent of Council was pleased to nominate, constitute and appoint James Hasell Esqr Member of His Majesty's Council for and within this province, and the said James Hasell Esqr being called to the Board and acquainted therewith took and subscribed the several Oaths by Law appointed for the

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Qualification of Publick Officers as also the Oath of a Councellor, and his place at the Board accordingly.

Present The Honble James Hasell


At a Council held at New Bern 7th October 1749
Present His Excellency the Governour
The Honble Eleazer Allen Esqr Member of Council
The Honble James Murray Esqr Member of Council
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble James Hasell Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Edward Rawlins 100 New Hanover, Aaron Wood 400 Johnston, George Charlton 200 Craven, William Charlton 200 Do, James Johnston 320 Carteret, Benjamin Clements 400 Johnston, John Oates 400 Do, William Mills 100 Craven, John Dunn 100 New Hanover, William Brice 50 Do, William Whitty 100 Craven, William Gibson 66 Onslow, Habakkuck Russett 50 Carteret. Granted.

David Shepard 100 Carteret, Thomas Lovick 200 Craven, John Smith 300 New Hanover, Charles Gavin 500 Do, Griffith Jones 100 Bladen, William Askins 100 Onslow, John Vendrick 200 Craven, Peter Starkey 250 Onslow, Joseph Roads 100 Carteret, Edward Ward 640 Onslow, John Smith 250 New Hanover, Hugh Blaning 200 Do, William Teague 300 Johnston, Hugh Blaning 200 New Hanover, Abraham Boyd 400 Anson, John Eckolls 150 Beaufort, John Cook 300 New Hanover, Joseph Lamb 200 Do, Edward Williams 150 Craven, William Wilkinson 100 Do, Gilbert Buoy 100 Bladen, William Hines 65 Johnston, Martin Fryer 100 New Hanover, John Smith 140 Bladen, Farnifold Green Junior 200 Do, Martin Caswell 100 Do, Richard Caswell Junior 400 Johnston, Duncan Buoy 100 Bladen, David Smith 200 Do, Thomas Castellaw 500 Johnston, George Lane 100 Craven, Stephen Cade 200 Johnston, Stephen Cade 200 Johnston, Coleman Roe 400 Beaufort, David Lewis 200 Craven, Thomas Brooks 100 Bladen, Jacob Blocker 200 Do, Thomas Brooks 400 Do, Alexander McAllister 100 Do, Do Do 640 Do, Thomas Armstrong 200 Do, Charles Heard 100 Do, John Becton 150 Craven. Granted.

Read again this Day at the Board the Petition of John Philips setting forth that one Lionel Lee obtained his Excellency's Pattent for Three hundred and about fifty or sixty Acres of Land lying in Craven County whereon he seated, and cultivated, and as he imagined made a Plantation That the Petitioner some time afterwards purchased the aforesaid Land and plantation of the Pattentee for a valuable Consideration That one Samuel Uxford had entered the said Plantation in the

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Secretarys Office as vacant Land and without the Bounds of the aforesaid Patent

That he had sold the said Land to one Nicholas Booty for a valuable Consideration as part of and included in the Patent granted to the said Lee as aforesaid thro' Ignorance and not knowing the contrary and to which he would consequently to his great Prejudice be obliged in Law to make him a Title. Wherefore he prays a Warrant may be granted him for the vacant Lands including the plantation aforesaid adjoining the Land he purchased of the said Lionel Lee.

Then was read the Petition of Samuel Uxford likewise for a Warrant for the same Land Upon which Mr. Nicholas appeared and opposed the granting of the said Philips Petition setting forth that the said Uxford upon his discovery of the Land in Question apprized the said Philips thereof and of his Intentions to apply for a Warrant and Patent for the same That it had lain vacant for many years past to the apparent defrauding his Majesty of his Quit Rents. That it was some time after he finding out and Notice given by Uxford as aforesaid that he entered the Land in the Secretarys Office in which he was both legal and prior to the said Philips. That he had been upon the whole at great trouble and expence, And for these reasons he moved that a Warrant might be granted to the said Uxford for the premises. Whereupon Mr. Swann produced several Evidences on the part of Philips who were sworn and examined. And the arguments on both sides having been fully heard and considered his Excellency was pleased to ask the Opinion of the Council thereon who advised the Granting of Philips petition but thought it reasonable he should pay and satisfy the other his disbursements and accordingly 'tis Ordered that a Warrant issue to the said John Philips for the Land as prayed for he reimbursing the said Samuel Uxford forthwith whatever money he shall make appear to this Board to have expended on that occasion or to pass a Bond to perform the same in some convenient Time

Read the Petition of Henry Snoad and Elenor Payton Executors of Benjamin Payton for a Warrant for six hundred and forty Acres of Land in Beaufort County. Opposed by Mr. Swann in behalf of Robert Payton and Delayed

Read the following Petitions for Grants for Patents Vizt

William Belks 70 Johnston, Moses Tyler 400 New Hanover, Thomas Strakley 150 Do, John Holmes 100 Onslow, Benjamin Meredith 100 New Hanover, John Miller 200 Do, George McKeen 142 Carteret, John Mann 300 Johnston, John Moor 200 Craven, George Karnage 400 Do, John Cathey 400 Anson, George Davison 300 Do, Samuel Coburn 800

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Do, Peter Ellet 150 Do, Richard Graham 400 Do, Mark Finch 640 Do, John Price 250 Do, George Cathey Junior 400 Do, George Cathey 400 Do, John Clark 1000 Do, Daniel Cox 400 Craven, Philip Trapnal 150 Do, Dennis Cannon 100 Do, John Muddox 500 Do, John Groom 200 Bladen, Silvanus Soul 300 Do, Benjamin Moor 250 Do, William Maltsby 250 Do Alexander McKikin 200 Do, Jacob Thompson 50 Johnston, Thomas Mason 220 Hyde, John Row 260 Johnston, Thomas Hughs 100 Do, Alexander McCulloh 300 New Hanover, Malcolm Smith 100 Bladen, Joseph Oates 100 New Hanover Granted

Read the Petition of James Shakelford setting forth that John Shakelford the Petitioners Father on or about the 26th of October 1726 obtained from the late Lords proprietors a Patent for two hundred and eighty acres of Land Scituate on the South side of Neuse River on the head of Clubfoots Creek to which the Petitioner, his Father dying Intestate, as eldest son and heir at Law is justly Entitled. That the late Arthur Mabson in his life time, that is to say, about Thirteen years ago obtained a Warrant for a Tract of Land which he surveyed round the Lands of the Petitioner aforesaid and included the whole thereof in his Survey and for which he obtained a Patent; And the Petitioner being apprehensive that some of his Station Trees may have been burnt, cut down or otherwise distroyed he humbly prays a Resurvey both of his own and the said Mabsons Land which is Granted and Ordered that the Surveyor General do accordingly resurvey the same and make report thereof to this Board at their next sitting.

Read the petition of Edmund Smithwick for a Warrant for Two hundred and forty five Acres being surplus Land found on a Resurvey of a Tract of Three hundred Acres granted to the Petitioner the 15th March 174⅔ Mr. Herritage appeared and acquainted the Board that the matter was in Dispute between the Petitioner and one Cornelius Lynch, and therefore moved in behalf of the latter that the said Smithwick's petition might be delayed which is accordingly

Then the Council adjourned till 3 oClock P. M.

The Council met according to adjournment Present as before.

Jacob Sheets and sundry other Palatines appeared before this Board in pursuance of an Order of the 28th of September last who desiring to be informed of the Tenour of his Majestys Instructions in relation to them the same was Ordered to be read, Whereupon they exhibited to the Board a List of Names of Sundry Persons Claimants of Lands under her late Majesty Queen Ann which on being read appeared to the Council in some respects deficient upon which his Excellency was pleased

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to interrogate the said Jacob Sheets who having answered and received proper Directions with regard to another List, tis Ordered that they appear again before this Board, with the same on Wednesday next.


At a Council held at New Bern 11th day October 1749
Present His Excellency the Governour
The Honble Eleazer Allen Esqr Member of Council
The Honble James Murray Esqr Member of Council
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble James Hasell Esqr Member of Council

Read the following Petitions for Warrants for Land Vizt

Major Crooms 100 Johnston, Mark Mevis 100 Craven, Francis Mackilwean 200 Bladen, Arthur Mabson 400 Craven, John Smith 250 Bladen, Jacob Taylor 100 Craven, James Anderson 100 Do, Joseph Jackson 400 Do, Joseph Lettchworth 200 Do, William Barber 100 Craven, Samuel Keight 200 Do, John Manley 100 Do, James Thomas 159 New Hanover, John Hollingsworth 600 Craven, William Porter 100 Bladen, Thomas Mims 200 Do, John Porter Junior 100 Do, Cuprian Shephard 200 Do, Thomas Moor 200 New Hanover, Do Do 100 Do, Mark Fergison 200 Craven, Richard Curtis 150 Onslow, Alexander McKikin 640 Bladen, James Pugh 100 Do, John Williams 100 Do, Robert Caldwell 200 Do, James Davis 200 Craven, John Crawford 300 Anson, John Bone 300 Do, William Hancock 100 Do Granted

Read Sundry Petitions for Grants for Patents as follows, Vizt

John Gillets 50 Craven, John McCoy 150 Anson, Benjamin Horn 150 Do, Hopkin Howell 600 Do, George Helmes 100 Anson, William Forbes 100 Do, Edmund Cartlidge 200 Do, Do Do 200 Do, Abraham Boyd 100 Do, Do Do 200 Do, Do Do 600 Do, John Clark 100 New Hanover, John Cook 100 Do, Daniel McNeal 150 Bladen, John Butler 100 Onslow, Samuel Middleton 100 Do, Alexander McCullh 100 New Hanover, Thomas Jones 400 Johnston, Habakakuk Russell 144 Carteret, Mathew Wilks 200 Craven, Francis Alexander 280 New Hanover, Michael Blocker Junior 200 Bladen, Howell Brewer 200 Do, John Harris 100 Craven, John Conner 150 Do, James Perdue 80 Do, Anthony Herring 640 Johnston, Mark Driggers 100 Craven Granted

His Excellency the Governour was pleased by and with the advice and assent of his Majesty's Council to Order that a Commission of the Peace and Dedimus issue constituting and appointing Charles Sayer, Thomas Relf, Samuel Hith, Robert Murding, Robert Lowrey, Joseph Reed, Jonathan Redding, William Davis, William Swann, William Barnes, Griffith Jones, and Henry Pendleton Esqr Justices of the Peace for and within the County of Pasquotank.

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His Excellency was likewise pleased by and with the advice and consent of Council to Order that a Commission of the Peace and Dedimus issue constituting and appointing William Cathcart, William Kinchen, John Dawson, Rowland Williams, James Washington, William Short, James Mauney, John Deberry, John Moore, John Drew, Nathan Williams, John Duke, John Gilliam, Osborn Jeffries, John Lamon, William Battle and Arthur Harris Esqrs Justices of the Peace for and within the County of Northampton.

Ordered that a New Commission of the Peace and Dedimus issue likewise constituting and appointing Thomas Lovick, Enoch Ward, Samuel Chadwick, David Sheppard, Joseph Bell, Carey Godbee, John Chitheral, Moses Holston, David Sheppard Junior, Richard Ward, William Gaskill, William Cole and Samuel Noble Esqrs Justices of the Peace for and within the County of Carteret.

Ordered that a New Commission of the Peace and Dedimus issue also constituting and appointing William Cathcart, John Hardy, Joseph Howell, John Haywood, Richard Whitaker, William Kinchen, William Werte, Aquilla Suggs, William Taylor, William Taylor of Apple Tree, John Pope, Joseph Lane, John Thomas, John Pryor, Robert Brinkley, Samuel Williams of Stoney Creek, Wallace Jones and Edward Moore Esqrs Justices of the Peace for and within the County of Edgecombe

Thomas Jones Deputy Surveyor appeared before this Board in Obedience to an Order of the 11th of April 1749, Upon the Complaint of Edward Connor shewing that he had failed to make return of a Warrant for Martin Trantham for four hundred Acres of Land in Bladen County which the said Connor had purchased, And being interrogated by his Excellency thereon the said Jones first of all produced to the Board an attested Plot of the said Land taken from his Field Book and then declared that some Time in the Month of July in the Year 1745 he delivered to Alexander McCulloh Esqr a Warrant in the name of Martin Trantham for 400 Acres of Land in Bladen County in Order to be delivered by the said McCulloh to George Gould Esqr Surveyor General with the Fees for the Survey thereof and that the Warrant so delivered to and by him as aforesaid and the Plot which he had now exhibited to the Board were for one and the same piece of Land and to which he was ready to made Oath. Which the Board on consideration thought proper to enjoin. Whereupon the said Jones accordingly made affidavit to the above purport and Effect before his Excellency the Governour in Council

Ordered that a Dedimus issue directed to the Justices of Granville County to Qualify Henry Webb, William Chamber and Thomas Lovelatty Esqrs Justices of the Peace for the said County

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Then the Council adjourned till 3 oClock P. M.

The Council met pursuant to Adjournment Present as before.

Jacob Sheets and George Kernegee of the surviving Palatines who came into this Province on the Encouragement given by her late Majesty Queen Ann in the year 1709 make Oath that the List which they have Exhibited to this Board is a true List of such Palatines who arrived in this province at that Time, and the Persons there set down to be the Heirs of such of them as are deceased are to the best of their knowledge the true and lawfull Heirs of the said persons so deceased

Whereupon it is Ordered that an Application being made by the Persons mentioned in the said List, or any of them that Warrants do accordingly issue, directed to a proper Surveyor, for Two hundred and fifty Acres of Land to each person respectively, agreeable to the List exhibited as aforesaid, and his Majesty's Royal Instruction in that behalf.

Then his Excellency was pleased to propose the laying his Majesty's Royal Instruction before the General Assembly for their Consideration, to which the Council concurring, the same was accordingly sent together with the above mentioned List, and the following Message Vizt

Mr. Speaker and Gentlemen,

I herewith send you an Instruction I have lately received from his Majesty wherein You will see I am Ordered to recommend to the Assembly to make speedy provision in such manner as you shall think fit for the Defraying the Charge of Surveying certain Lands granted by his Majesty to the Palatines of this part of the Province I hope Gentlemen You will consider of this Affair and make such provision as will be agreeable to his Majestys Gracious Intention signified therein

GAB. JOHNSTON

Council Chamber, October 11th 1749


At a Council held at New Bern 13th October 1749
Present His Excellency the Governour
The Honble Math Rowan Esqr Member of Council
The Honble William Forbes Esqr Member of Council
The Honble Roger Moor Esqr Member of Council and
The Honble James Murray Esqr Member of Council
The Honble James Hasel Esqr Member of Council

Mr. Herritage acquainted the Board that upon the Petition of Edward Conner at a former Council shewing that the plat annexed to his patent for six hundred and forty Acres in Bladen County contained different and other Courses than what were agreeable to the Original marked Trees twas Ordered that the Deputy Surveyor run out the said Land agreeable to the first marked Trees and return a plat thereof upon Oath to this

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Board. Which being exhibited in Council and read he thereupon moved in behalf of the said Connor for a new patent in Consequence. Thomas Armstrong appeared by Mr. Swann his Attorney and opposed the said Motion, alleging he had a Patent that included part of the said Land, which when he took the same up was vacant, and without the Lines of the said Conners Tract; the marked Trees by line said to be the Bounds of his Land, not answering with the true Courses thereof, praying therefore that the plat so returned by the Surveyor or might and that the said Conner may be obliged to hold his Land according to the Courses of his Patent be rejected, which is Granted and Ordered that the said Edward Conner do from henceforth hold his Land, by, and agreeable to the Courses of his patent, and no other.

Mr. John Devis exhibited in Council a Patent in the name of Thomas Nelson for Two hundred Acres of Land in Carteret County praying that the Courses inserted thro' mistake Vizt So 52 Wt 20 ch then So 40 Et 25 ch from thence No 52 Wt 20 ch might be altered to So 33 Wt 80 poles then No 54 Et 400 poles from thence No 33 Et 80 poles which was granted and the Patent accordingly altered in Councill as well as the record thereof

Read the Petitions of the following persons for Warrants for Land

George Gressets 100 New Hanover, Richard Ogden 300 Bladen, Peter Ellet 300 Anson, Abraham Paul 200 Do, Samuel Baker 200 Bladen, Thomas Norwood 100 Craven, Robert Fellows 300 Johnston, James Green 100 Craven, John Edmondson, 300 Do, Amos Cuthrill 300 Craven, William Peters 200 Do. Granted.

Read the petitions for the following Persons for Grants for Patents

George Kernegee 100 New Hanover, Francis Hodges 200 Craven, John White 100 Bladen, Martin Trantham 400 Do, Jonathan Sanderson 110 Craven, Benjamin Foreman 147 Bladen, Hugh Brown 100 Do, Nicholas Smith 200 Do, Josiah Shaddock 100 Do, John Philips 150 Do, Joseph Motte 50 New Hanover, Elizabeth Hill 150 Onslow, John Matchitt 150 New Hanover, John Pain 200 Craven, Daniel Quillen 100 Do, William Mackintosh 200 Johnston. Granted

His Excellency the Governour having received an Answer from the General Assembly to his Excellency's Message of the 11th instant touching the Palatines, the same was Ordered to be read; which was accordingly being as follows Vizt

May it please your Excellency

We received your Excellency's Message of this day recommending to us to make such speedy Provisions for the defraying the Expence of

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laying out the Lands for the Palatines in his Majestys Royal Instruction to your Excellency mentioned which you were pleased at the same time to lay before us. As it is an Affair that will require some time for consideration and the members of this House having been long from their Homes and hope your Excellency will keep them no longer together than while they can go through with the Laws now under their consideration for the Expediting the Printing the Body of the Laws of this Province a work of great consequence to the publick. We must therefore beg leave to postpone the consideration of the said Instruction and your Excellency's Message thereon till the next session of Assembly.

SAMl SWANN Speaker

Dated 12th October 1749


At a Council held at New Bern 16th October 1749
Present His Excellency the Governour
The Honble Eleazer Allen Esqr Member of Council
The Honble James Murray Esqr Member of Council
The Honble Math Rowan Esqr Member of Council
The Honble Will Forbes Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble James Hasel Esqr Member of Council

Read Sundry Petitions for Patents for Land Vizt

Joshua Herring 280 Johnston, Thomas Pugh 300 New Hanover, John Howard 640 Onslow, John Kinsey 100 Do. Granted

Read the Petition of Robert Payton for a Warrant Beginning at Barresses East Corner on a Creek called Barresses' Creek for six hundred and forty Acres of Land in Beaufort County Mr. Sprigg appeared in behalf of the Executors of Benjamin Payton Deceased and opposed the said Petition setting forth that Robert Payton Father of the said Benjamin in his life Time Warranted and Surveyed the said Land, And that the said Benjamin Payton by his last Will and Testament had bequeathed the same to his Daughter Sarah Payton that for these Reasons and in Regard the Executors Entry being prior to the Petitioner Payton's he humbly prayed they might have the preference of a Warrant that so upon the same being Surveyed and returned they may be at Liberty to apply in a proper Manner for a Patent, and enabled to fulfill the Intention of the Testator. Then Mr. Swann Council for Robert Payton produced to the Board Several Depositions which were read purporting the said Robert's purchase of the Land in dispute not only of his Father in his Life time, but also of the Brother Benjamin before he died and the payment of the Consideration Money to both whom for the same as well as an Instrument of Writing from under the Hand of the latter obliging himself to take out a patent for the said Land in the Petitioners own Name but that the same was lost. And further setting

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forth that the Petitioner had been for a long Time in possession of and had improved the same and thereupon he moved that a Warrant might be granted to the said Robert Payton for the Premises. The Arguments offered on both sides being fully heard and considered It is Ordered that the Petitioner Payton have a Warrant for the said six hundred and forty acres of Land as prayed for.

Read the Petition of Thomas Bell setting forth that he is in possession of a Tract of One hundred and Ten Acres of Land granted by the Late Lords proprietors to Farnifold Green scituate in Carteret County Beginning at a small live Oak in an Indian Old Field running No 58 Wt 160 pole down the streight to a small Creek that divides the said Green and William Williamson and the Bounds whereof not being to be found the Petitioner humbly prays Resurvey in order to ascertain the same. Granted and Ordered that the Surveyor General do resurvey the said Land accordingly and make report of his doings therein to this Board at their next sitting

His Excellency the Governour was pleased by and with the advice and assent of his Majesty's Council to order that a Commission of the Peace and Dedimus issue constituting and Appointing Henry Heylyn Elias Lagardere, John Carruthers, John Williams, Daniel Shine, Evan Jones, Joseph Balch, John Clitheral, Southey Rew, Lewis Bryan, Joseph Bryan, Samuel Hatch, Lewis Bryan Junior, James Green, Wheebright Pearson, Abner Neal, John Carruthers Junior Esqrs Justices of the Peace [for] and within the County of Craven.


At a Council held at New Bern 18th October 1749
Present His Excellency the Governour
The Honble Eleazer Allen Esqr Member of Council
The Honble James Murray Esqr Member of Council
The Honble Math Rowan Esqr Member of Council and
The Honble Roger Moor Esqr Member of Council
The Honble James Hasel Esqr Member of Council

Read the following Petitions for Grants for Patents Vizt

John Fonvielle 288 Craven, Do 150 Do, Aaron Smith 200 Johnston, William Cole 78 Do, Henry Bishop 100 Onslow, Daniel Simons 195 Craven Granted

Read the following Petitions for Warrants for Land Vizt

Peter Griffith, Samuel Gent, Abraham Boyd & James Green 1000 Anson, Margaret Green 50 Bladen, Peter Griffith 100 Anson, William Crain 200 Bladen, John Rice 400 Craven, Robert Taylor 100 Do, John Williams 150 Do Granted

Read the petition of Nathan Smith for an alteration of the Courses in his patent which is postponed till the next Council

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Read the petition of Thomas Norwood for a Grant for Two hundred Acres of Land in Craven County Mr. Lovett appeared in behalf of the Heirs of William Lister deceased and proved that the said Petition might be delayed setting forth that the Land therein mentioned interfered with Land belonging to the said Heirs Ordered that the same be postponed till the next Council

His Excellency the Governour was pleased to observe to the Board that many Complaints had been made before him in Council and Affidavits made that several wicked and evil disposed Persons in Anson County had by divers suggestions and Artifices endeavoured to disturb the peace and quiet of his Majesty's Subjects legally settled and intending to settle in that County particularly that one John Ellis has had the boldness and Insolence to declare that the present Settlers in that County had no right to the Lands by them possessed and that even his Majesty had no right to those Lands. Which declaration was made to and in the presence of the Catawba Indians to the apparent disturbance of the said settlement of Anson County and tending to breed and foment a misunderstanding between his Majesty's said subjects and the said Catawba Indians. Which being duly considered. His Excellency thereupon with the advice and consent of his Majesty's Council doth hereby require and command all Justices of the Peace, Sheriffs, Constables and other Officers and all his Majesty's Leige Subjects in the said County to apprehend be aiding and assisting to aprehend all and all manner of Persons who shall in any ways by false suggestions and Insinuations as aforesaid by any means whatsoever endeavour to raise jealousies and Fears among the Inhabitants of the said County or by any means to disturb the peace between the said Catawba Indians and the Inhabitants of the said County to arrest such persons and send them down to the Goal at Wilmington to be proceeded against as the laws in that case have provided And ordered that a warrant do accordingly issue for that purpose

By order

JOHN RICE, C. C.