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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, 1750 - April 07, 1750
Volume 04, Pages 1033-1041


At a Council held at the Council Chamber in New Bern the 3d day of April 1750.
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of his Majesty's Council
The Honble James Murray Esqr Member of his Majesty's Council
The Honble Math Rowan Esqr Member of his Majesty's Council and
The Honble Roger Moore Esqr Member of his Majesty's Council
The Honble James Hasell Esqr Member of his Majesty's Council

The following Persons were admitted to prove their own and others Rights Vizt

Whites. Blacks.
County.
Michael Higgins
8
3
Craven
John Corlew by William Barker
7
Northampton
William Carruthers Senr
5
9
Beaufort
John Ratcliff by Richard Lovett
3
Johnston
Patrick Seward by Henry Skibbon
2
New Hanover
Charles Cook by Ditto
3
2
Do
Charles Ryall by Ditto
5
Onslow
Joseph Brinkley per James McManus
3
4
Edgecombe
-------------------- page 1034 --------------------
John Linkfield
2
6
Craven
John Francks
1
2
Do
John Hilliard
9
1
Do


At a Council held at the Council Chamber in New Bern the 4th day of April 1750
Present His Excellency the Governour.
The Honble Nath Rice Esqr Member of his Majesty's Council
The Honble James Murray Esqr Member of his Majesty's Council
The Honble Math Rowan Esqr Member of his Majesty's Council and
The Honble Roger Moore Esqr Member of his Majesty's Council
The Honble James Hasel Esqr Member of his Majesty's Council

John Freeman appeared and informed the Council that upon the Complaint the 28th of March last against John Rieusset 'twas Ordered that he appear before this Board the 3d instant and make Answer: Which Order the said Rieusset had been served with accordingly, but has nevertheless failed to appear.

Then the said Freeman produced several Evidences, who being sworn and examined upon the Subject of the said Complaint, his Excellency was pleased to ask the Opinion of the Council thereon; who having considered thereof, advised that a further time might be given the said Rieussett to make answer.

Ordered that the said John Rieussett have accordingly time till the next sitting of the Council to answer to the said Complaint and that Mr. Freeman have a Commission in the mean time to examine such further or other Evidences as he shall judge proper

Read the following Petitions for Warrants for Land Vizt

Alexander Randolphs 200 Craven, John Corlew 640 Anson, Adam Branson 200 Onslow, Henry Skibbon, David Williams, Josiah Thomas & Edward Doty 100 New Hanover, William Carruthers 400 Craven, John Anderson Junr 120 Bladen, Michael Higgins and John Rice 100 Johnston, John Lovick 200 Craven, Western Williams 300 Carteret Granted

Mr. Starkey was admitted to prove Western Williams' Rights which are 6 white Persons in Carteret County

Read Sundry Petitions for Grants for Patents Vizt

William Sherrel 600 Anson, John Bone 300 Anson, John Crawford 300 Do, Andrew McGee 375 Do, James McGee 250 Do, George Carthey 220 Do, Anthony Charlescraft 100 Onslow, Samuel Wilson 100 Do, Andrew McGee 500 Anson, Benjamin Jackson 400 Do, William Prescott 100 New Hanover, Richard Wiggins 100 Craven, Peter Ellet 300 Anson, Abraham Paul 200 Do, Brewer Sinexen 134 Bladen, John McGee 120 Anson, Thomas Robinson 160 Do, Samuel Hough 300 Do, Robert Kilcriss 200 Do, Andrew Moorman 300 Do, Do 587 Do, David Smith

-------------------- page 1035 --------------------
200 Bladen, Thomas Cox 440 Anson, Gilbert Buie 100 Bladen, Duncan Buie 100 Do, George Clements 100 Anson, Samuel Goodman 640 Bladen, Mark Philips 640 New Hanover, Jno Edwards 200 Bladen, John Blackman 200 Johnston, Benjamin Blackman 196 Do, Isaac Overman 200 Bladen, John Fryar 200 New Hanover, Gershom Benbow 200 Bladen, Samuel Pike 350 Do, Robert Cook 300 New Hanover, William Dees 100 Johnston, Robert Fellows 250 Do, Thomas George 300 Bladen, Moses Tilman 107 Craven, James Green 100 New Hanover, George Lane 100 Craven Granted

Francis Mackilwean on Motion was admitted to prove the following persons Rights Vizt

Whites. Blacks.
County.
Samuel Coburn
3
1
Anson.
George Rennick
3
Do
John Batley
6
Do
Thomas Potts & Samuel Beasam
4
Do
James Harmer
5
Do
William Cockran
5
Bladen
John Hamer
2
Anson.

Samuel Uxford was admitted to prove his Rights which are 4 white persons and one Black in Craven County.

Read the Petition of Henry Snoad setting forth that Joel Martin obtained a patent from the late Lords Proprietors for six hundred and forty Acres of Land situate in Onslow County on the West side of the Mouth of White Oak River and on Queens Creek bearing date the ninth day of November 1713. And the Petitioner conceiving there is more Land comprised within the Courses and Distances of the said patent than the same specifies humbly prays a Resurvey thereon which is Granted and Ordered that the Surveyor General do accordingly resurvey the same, and make report of his Doings to this Board at their next Meeting.

His Excellency was pleased by and with the advice and Assent of His Majesty's Council to Order that a Dedimus issue to Edgecombe County to Qualify Ambrose Joshua Smith a Justice of the Peace within the same.


At a Council held at the Council Chamber in New Bern the 6th day of April 1750
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of his Majesty's Council
The Honble James Murray Esqr Member of his Majesty's Council
The Honble Math Rowan Esqr Member of his Majesty's Council and
The Honble Roger Moore Esqr Member of his Majesty's Council
The Honble James Hasel Esqr Member of his Majesty's Council
-------------------- page 1036 --------------------

George Nicholas was admitted to prove his Rights, which are 5 white Persons in New Hanover County.

Read the Petition of Stephen Cade for a Grant for Two hundred Acres of Land in Johnston County in consequence of a Warrant duly surveyed and returned. Mr. Samuel Appeared in behalf of William Stanley and opposed the Granting of the said Petition setting forth that the said Stanley had a Warrant of a prior Date for the premises and then produced Richard Caswell as an Evidence, who being sworn and Examined in relation thereto, declared that Cade's Survey included a House and some Improvements of the said Stanleys. On a full hearing of the Arguments on both sides 'tis Ordered that a Grant pass to the Petitioner Cade for the said two hundred Acres of Land he leaving out the others improvements.

Read the Petition of Stephen Cade for a Grant for One hundred and fifty Acres of Land in Johnston County in consequence of a Warrant duly surveyed and returned. Mr. Swann appeared and opposed the same in behalf of Anthony Herring setting forth that the Land or great part thereof so petitioned for by Cade as aforesaid was within the Lines of the said Herrings Patent Land. The matter being heard and duly considered, it is Ordered that the Surveyor General cause a Resurvey to be made of the Lands in contest between the Parties at their mutual Costs and distinct plats of each Claimants part respectively to return to this Board at their next Meeting.

Read the Petition of Robert Peyton for a Grant for six hundred and forty Acres of Land in Beaufort County in consequence of a Warrant duly Executed and returned, To which Coleman Roe by his Counsel objected shewing that he had a prior Warrant for the Premises; which had been duly surveyed but by means of the death of John Forbes, Deputy Surveyor the same was not yet returned into the proper Office, praying therefore that the said Peytons petition might be delayed, till a return of the said Roe's Warrant and Survey be made. Mr. Swann in behalf of Robert Peyton appeared and informed the Board that the Land in Question was a Matter of Controversy at a former Council between the Petitioner and Elizabeth Peyton Exx of Benjamin Peyton Deceased, When on a full hearing 'twas Considered and adjudged in favour of the said Robert for whom he therefore prayed a Grant, which is Ordered accordingly

Read Sundry Petitions for Grants for Patents, Vizt

William Raineys 300 Johnston, William McKinney 200 Do, Hugh Blaning 200 Bladen, Hugh Blaning Junr 200 Do, Hugh Blaning 200 Do, John Davis 640 Do, Stephen Cade 133 Johnston, William Teague 175 Do, Do 200 Do, James McMamus 2681 Bladen, Do 300 Do. Granted

-------------------- page 1037 --------------------

Read the Petition of Cornelius Lynch for a Resurvey of his own and Edmund Smithwick's Tract in Johnston County. Then was read the Petition of Edmund Smithwick for a Warrant for Two hundred and Forty five Acres being Surplus Land found upon a resurvey of his Tract aforesaid duly made and returned pursuant to an Order of this Board. Mr. Herritage appeared in behalf of Cornelius Lynch and opposed the granting of the said petition setting forth that the said Surplus Land was within the Lines of the said Lynche's Patent Praying the same might therefore be delayed which is accordingly, and Ordered that the Surveyor General cause a resurvey to be made of the said Lynch and Smithwick's Tracts as above prayed for at the former's loss and make report thereof to this Board at their next Sitting

Read the Petition of Thomas Norwood for a Grant for two hundred Acres of Land in Craven County On both sides of Lawsons Creek running up and across the Road Mr. Lovett appeared in behalf of the Heirs of William Lester Deceased and opposed the granting the said Petition in regard the same interferred with Land belonging to the said Heirs. Mr. Swann Council for the Petitioner Norwood observed to the Board that the affair had been delayed for many Councels past to the Prejudice of the said Norwood and moved the same might now come to a final hearing. His Excellency upon hearing the Arguments on both sides was pleased to refer the same to the Council, who having considered the thereof were of Opinion they could not properly proceed to a decision without a sketch or plan of the premises being first laid before the Board. Whereupon tis Ordered that the matter lye over till the next Council, and that in the mean time the Premises be Resurveyed by a Surveyor to be Chosen by the Parties, and distinct plats of each Claimants part respectively to return to this Board; and that they fail not then to come prepared for a final hearing therein.

Read the several Petitions of James Calef and John Fry for certain Land in contest between the Parties. Ordered that the matter lye over till the next Council and that the parties do then come prepared for a hearing therein.

Read the following Petitions for Warrants for Land Vizt

Thomas Chadwick 40 Carteret, Michael Higgins 200 Craven, John Ratcliff 250 Johnston, Samuel Uxford 200 Craven, Robert Brinkley 500 Anson, Charles Robinson 100 Do, Evan Jones Junior 100 New Hanover, Patrick Stewart 200 New Hanover, William Stewart 100 Do, John Cook 400 Do, John Battey 500 Anson, Samuel Coburn 300 Do, Thomas Potts & Samuel Beasam 400 Do, James Hamer 300 Do, William Starkey 600 Johnston, William Coharan 300 Anson, John Hamer

-------------------- page 1038 --------------------
200 Do, George Rennick 300 Do, William McHenry 150 Craven, Charles Ryal 480 New Hanover, Thomas Rogers 300 Johnston Granted

Then the Council adjourned till 3 o'clock P. M.

The Council met pursuant to Adjournment Present as before

William Bartrim on motion was admitted to prove the following Persons Rights Vizt

Whites. Blacks.
County.
John Locks
4
1
Bladen
Peter White
3
Do
Isaac Jones
5
1
Do
Evan Ellis
3
Do

Richard Caswell on Motion was admitted to prove the following Persons Rights Vizt

John Mann
2 whites in Johnston
Richard Sarsnutt
2 Do in Do

Read Sundry Petitions for Warrants for Land Vizt

William Forbes 640 Anson, Jacob Paul 200 Do, John Lock 50 Bladen, Peter White 300 Do, Isaac Jones 400 Do, Evan Ellis 100 Do, Richard Sarsnutt 150 Johnston, John Mann 200 New Hanover Granted

Read the following Petitions for Grants for Patents Vizt

John Carrold 200 Craven, William McIlroy 100 Do, Henry Folkenburry 80 Bladen, James Davis 100 Johnston, John Fishpool 150 Do, John McIlroy 76 Do, John Atkinson 79 Do, Samuel Uxford 100 Craven Granted

His Excellency was pleased by and with the advice and consent of his Majestys Council to order that a Commission of the Peace and Dedimus issue constituting and appointing Thomas Lovick, Enoch Ward, David Shephard, Joseph Bell, Carry Godbee, John Clitherall, Thomas Dudley, Moses Houston, Richard Ward, William Gasketh, David Shepard Junior, George McKeen, Dederick Gible and Volentine Wade Esqrs Justices of the peace for and within the County of Carteret.

Ordered that a Commission of the Peace and Dedimus issue Constituting and appointing Francis Stringer, James Mackilwean, John Becton, Simon Bright, John Irons, Abraham Boyd, John Smith, Samuel Smith, John Herring Senior, Gilbert Kerr, John Monk, Robert Butler, John West, John Wade, Needham Bryan, Henry Garret, Isaac Williams and William Whitfield Esqrs Justices of the Peace for and within the County of Johnston.

Ordered that a Dedimus issue to Northampton County to Qualify Nicholas Maggot a Justice in the Commission of the peace within the same.

-------------------- page 1039 --------------------

At a Council held at the Council Chamber in New Bern the 7th day of April 1750
Present His Excellency the Governour
The Honble Nath Rice Esqr Member of his Majesty's Council
The Honble James Murray Esqr Member of his Majesty's Council
The Honble Math Rowan Esqr Member of his Majesty's Council and
The Honble Roger Moore Esqr Member of his Majesty's Council
The Honble James Hasell Esqr Member of his Majesty's Council

The following Persons were admitted to prove their Rights, Vizt

Whites. Blacks.
County.
Elias Ligardere
4
9
Craven
Jeremiah Vail
7
Do
Do
14
New Hanover
John Williams
5
14
Craven

Read the following Petitions for Warrants for Land Vizt

John Williams 640 Craven, Angus Shaw 200 Bladen, Henry Sims 200 Do, Do 150 Do, Robert Wakley 300 New Hanover Granted

Thomas Johnston 100 Bladen, David Morley 150 Do, William Johnston 100 Do, John Prothro 200 Do, John White & Dennis Collomb 640 Do, David David 100 New Hanover, Clifton Bowen 100 Do, John Hollaway 640 Craven Granted.

Read the following Petitions for Grants for patents Vizt

Peter Starkey 218 Onslow, Samuel Negus & David Bailey 400 Carteret Granted

His Excellency 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 John Sampson, William McKee Senior, George Mears, William Houston, Fredrick Grey, Andrew Thompson, Francis Brice, Joseph Williams, Roger Snell, John Herring, Nathaniel Hill and John Turner Esqrs Justices of the Peace for and within the County of Duplin

Then the Council adjourned till 3 °Clock P. M.

The Council met according to Adjournment

Present His Excellency the Governour
The Honble Nath Rice Esqr Member of his Majesty's Council
The Honble Roger Moore Esqr Member of his Majesty's Council
The Honble Math Rowan Esqr Member of his Majesty's Council and
The Honble James Murray Esqr Member of his Majesty's Council

Read Sundry Petitions for Warrants for Land as follows Vizt

Timothy Allen 200 Hyde, James Wilson 240 Anson, Samuel Stickland 200 Johnston, William Smith 400 Anson, Wyriot Ormond 640 Do, Benjamin Williams 640 Beaufort, Benjamin Roads 130 New Hanover, George Cheynewolf 200 Beaufort, Bastuan Best 400 Anson, John McConnell 300 Do, Henry Whitaker 500 Do, Reese Morgan 200 Do, John McGee 300 Do, Samuel Richardson 225 Bladen, Patrick McDonald

-------------------- page 1040 --------------------
200 Anson, John Leith 150 Anson, Henry Bedingfield 300 Do, James Pugh 100 Bladen, Francis Pugh 200 Do, William Pugh 200 Johnston, Isaac Odam 200 Bladen, John Jones 100 Craven, Seth Robens & Isaac Screwins 400 Carteret, Henry Whitner 1000 Anson, Edward Givins 400 Do, Charles Hart 600 Do, George Cowan 400 Do, Peter Arrent 300 Do, Robert McCappin 315 Do, Henry Whitner 600 Do, William Pote 400 Do, James Thompson 1,200 Do, James Alexander 640 Do, William Barnett 320 Do, James Crawford 640 Do, John Crawford 640 Do, Richard Hubbard 640 Do, John Crawford son of David Crawford 640 Do, Giles Clements 100 Bladen, David Lewis 640 Anson, Evan Lewis 640 Do, Alexander Lewis 640 Do, James Lewis 640 Anson, James Alexander 400 Do, Andrew Davis 400 Do, James Calef 640 Beaufort Granted

Read the following Petitions for Grants for Patents, Vizt

Gilbert Clark 150 Bladen, Martin Bender 400 Carteret, Do 100 Craven, Roger Moor 200 Do, John Fredrick Margaret 300 Do Granted

His Excellency having commanded the attendance of the lower House of Assembly thought fit to prorogue the General Assembly 'till the fourth Tuesday in September next then to meet at New Bern, Ordered that a Proclamation issue accordingly.

Read the Petition of Nathan Smith setting forth that on the twenty sixth day of March 1748 he obtained the Kings Patent for four hundred Acres of Land situate in Carteret County on the west side of Newport river and on the East side of Glovers Creek, but it appearing upon a Resurvey thereof that the Deputy Surveyor thro' mistake in running out the Petitiones Warrant hath included in his Survey 266 Acres of Land belonging to Mr. Henry Chew; his true Complement is no more than 134 Acres; Praying therefore that the Patent may be altered as also the Rent Roll, from 400 Acres to 134 that so he may be liable only for the Quit Rents of the Land he really holds; which being considered by the Board, tis Ordered that a new patent issue to the said Nathan Smith, for the aforesaid One hundred and thirty four Acres, according to the Plat exhibited to the Board of equal date with the former Patent; and that the rent Roll be made agreeable thereto as prayed.

His Excellency was pleased by and with the Advice and Assent of His Majestys Council to Order that a Commission of the Peace and Dedimus issue constituting and appointing Edward Hyrne, John Swann, William Faris, John Sampson, George Moor, John Daniel, William Dry, William Ross, Joseph Blake, William Moor, William Matters and Cornelius Harnett Esqrs Justices of the Peace for and within the County of New Hanover.

-------------------- page 1041 --------------------

Read the Petition of Arthur Mabson setting forth that his Father in his life time obtained the Kings Patent for six hundred and thirty Acres of land situate in Carteret county at the Head of Harlows Creek dated the 16th day of December 1735 and the Quit rents thereof hath duly paid but there appearing since the death of the Petitioners Father a proprietors patent in the name of James Tooke for three hundred and forty Acres part of the Premises aforesaid; which the Petitioner hath purchased for a valuable Consideration. He humbly prays that the Auditor may be directed to alter the Rent Roll from 633 Acres to 293 which is all he holds by the Kings patent and to enter thereon the said 340 Acres which the Petitioner purchased as aforesaid, That so he may not for the future be liable for the Quit Rents of any Land but what he actually holds, which is Granted and Ordered that the Auditor do alter the Rent Roll and incert therein the aforesaid 340 Acres acordingly.

Ordered that a Commissioner of the Peace and Dedimus issue constituting and appointing Hugh Blaning Griffith Jones, Joseph Clark, James Lyon, William Bartram, Samuel Baker, Benjamin Fitzrandolph, Ralph Miller, John Brooks, Jno. Grange, Thomas White, Jno White, Timothy Terril, Henry Simmons, William Pugh, Jonathan Evans and John Lock Esqrs Justices of the Peace for and within the County of Bladen

Ordered that Writs of Election issue to the Counties of Edgecombe, New Hanover, Duplin and Anson returnable the fourth Tuesday of September next.

By order

JNO RICE C. C.