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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
May 17, 1757 - May 30, 1757
Volume 05, Pages 810-817

[From MSS. Records in Office of Secretary of State.]
COUNCIL JOURNALS.

North Carolina—ss.

At a Council held at New Bern the Seventeenth Day of May 1757 in the Thirtieth Year of the Reign of our Sovereign Lord George the Second by the Grace of God, King of Great Britain France and Ireland, Defender of the faith &c.

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr and
The Honble John Rieusset Esqr

On the Petition of Moravians inhabiting Dobbs Parish in Rowan County that Jacob Loesch One of their Members be appointed Captain of an Independant Company to consist of the Inhabitants of the said Parish for their Defence from the French and their Indians, It was Ordered that a Captains Commission issue to the said Jacob Loesch accordingly

Ordered that a new Commission of the Peace and Dedimus issue for Rowan County and that Jacob Loesch and Thomas Donnell Esqrs be added to such Commission.

Ordered that James Carter upon Account of his Misbehaviour be left out of the New Commission and Dedimus for Rowan and that the said James Carter be Broke from being Major of the Regiment of the said County.

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Edward Brice Dobbs Esq Produced a Mandamus to be one of the members of His Majestys Council of this Province was Qualified and took his Seat Accordingly

Several Warrants for Land were Read and Granted as per Warrant Book

At a Council held at New Bern the 19th Day of May 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr

Several Warrants for Land were Read and Granted as per Warrant Book

On motion of Mr. Murray Praying a longer day for returning three Warrants for Land in Bladen County Viz. Two to Gibson and Obryan and one to Thomas Bryan the same having been directed to Edward Nugent who hath quitted this Province without surveying the same, It was ordered that the time for Returning of the said Warrants be enlarged to the next Court of Claims it not appearing that any other Person has Entered the said Lands, and Ordered that the Surveyor General Direct the said Warrants to some other Deputy Surveyor.

Read the Petition of Thomas Graves Praying a Resurvey of six Hundred and forty Acres of Land on Neuse near New Bern and to have the Preference of taking up the Vacant Lands within the Bounds of His Patent, if any the same was Ordered to lie over, there being some disputes Depending relative to the Bounds of the said Land.

At a Council held at New Bern the 20th day of May 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr

His Excellency and Council sat in Chancery and went through the Dockett.

On hearing the Caveat Joseph Hennis against Robert and Joseph Carruthers and David Palmer It was Resolved that the Survey of the Warrant of Robert and Joseph Carruthers and David Palmer was irregular, and Ordered that a Patent Issue to Joseph Hennis for the Land Surveyed in Virtue of his Warrant Caveated by the said Carruthers and Palmer, and that the said Robert and Joseph Carruthers and David Palmer

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be allowed till next Court of Claims for a regular Return of the survey of their Warrant.

Ordered that John Stack have a Patent on a Warrant for three hundred Acres of Land in Bladen County, To John Stack and James Clarke the said Clarke having relinquished his Title to the said Land.

On the Petition of Alexander Lillington setting forth that the Courses in his Patent No 47 Wt 67 Chains for 640 Acres of Land in New Hanover County dated the 15th November 1753 was erroneous and different from the course Returned in the Survey and Praying that the same be rectified and altered to South 47 Et It was ordered that the said Course No 47 Wt be altered in the Patent to So 47 Et and that the Record thereof be altered also accordingly.

Ordered that the time for surveying and returning the following Warrants vizt James Rutherford 300 Acres Thomas Rutherford 300 Acres, John Rutherford 640 Acres Thomas Rutherford 300 Acres of Land in Cumberland County be enlarged to the next Court of Claims the said Warrants having been directed to Edward Nugent late Deputy Surveyor who had neglected to survey the same and it not appearing that any other Person has entered the said Land, And it was Ordered that the surveyor General Directs the same to some other Deputy Surveyor.

On motion of Mr. Vail in Behalf of Thomas Martin it was Ordered that a Resurvey of 200 Acres of Land on South River in Craven County be made and Returned to the next Court of Claims.

Ordered that the Disputes about Lands Between John Stack and Samuel Thornton lie over to the next Court of Claims then to be heard and that Samuel Thornton have notice thereof.

At a Council held at New Bern the 21st day of May 1757.

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr

Read the Petition of the Chief of the Inhabitants of the Town of New Bern Praying to have the same made a Borough of Charter &c. Which was Ordered to lie over for further consideration.

Ordered that Charters issue for the Counties of Orange and Cumberland enabling and empowering the Freeholders of the said Counties to Elect and send Two Members each to sit and Vote in the Assembly of this Province.

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At a Council held at New Bern the 23d Day of May 1757.

Present His Excellency the Governor
The Honble Mathew Rowan Esquire
The Honble James Hasell Esquire
The Honble Lewis De Rossett Esquire
The Honble John Rieusset Esquire and
The Honble Edward Brice Dobbs Esquire

Ordered that tomorrow forenoon be set apart for hearing Caveats about Lands and that Publick notice thereof be given.

Several Patents were Read and Granted as per Patent Book.

Ordered that a Commission and Dedimus issue to James Walsom Alexander Mebin, John Gray, John Pryor, Joseph Boggs, Lawrence Thompson, Josiah Dickson, John Patterson, James Allison, Andrew Mitchell, Lawrence Bankston, John McGee, Thomas Loyd, William Reed, William Charlton, Robert Abercromby, Hugh Porter, William Lee, Richard Parker and Joab Brooks Esqr to be Justices of the Peace for the County of Orange.

Ordered that Francis Brown Esqr be added to the next Commission of the Peace for the County of Perquimons.

Ordered that Richard Spaight, John Fonville, Harding Jones, Robert Carruthers and Francis Dawson Esqrs be added to the Present Acting Justices in Craven County (William Carruthers Jr excepted) and that a New Commission and Dedimus issue for the said County.

At a Council held at Newbern the 24th Day of May 1757.

Present His Excellency the Governor
The Honble Mathew Rowan Esquire
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble James Innes Esquires
The Honble Lewis De Rossett Esquire
The Honble John Rieusset Esquire and
The Honble Edward Brice Dobbs Esquire

On hearing the Caveat Entered by Thomas Norwood against William Herritage it was Ordered that a survey be made of the first Warrant of the said Thomas Norwood, and that a Survey be also made of the warrant of the said William Herritage agreeable to his Majestys Instructions and that the Last Warrant of the said Thomas Norwood be likewise surveyed and the said several surveys Returned to the next Court of Claims

Ordered That Depositions taken before the Honorable Mathew Rowan and James Murray Esqrs touching the Dispute Between John Stack and Samuel Thornton be admitted in evidence at the Court of Claims.

On motion of Mr. Swann Praying that a Course mentioned in a Patent of John Petiver be altered as erroneous, It was Ordered that the same be referred to the Surveyor General for a Plan to be made

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Pursuant to the Courses mentioned in the said Patent to be by him Reported to the Court of Claims

Read the Petition of John Rice setting forth that there were several Patents in the Secretarys Office Signed by the Late Governor Johnston during the time the Petitioner was Deputy Secretary that the said Patents were Entered on His Majestys Rent Roll, but that the said Patents could not be Obtained out of the Secretarys Office upon Application for them and Praying an Order to have the same Delivered when applied for; but it being well known that the said Patents had not ever been Audited or entered on Record in the Secretarys Office and that the Petitioner had seven Patents in his Possession under the like Circumstances, It was Ordered that the Patents mentioned in the Petition and also the Patents in the Petitioners Custody be referred to a Committee of the Council Vizt to Mathew Rowan, James Murray, John Rutherford and Francis Corbin Esqrs for their Report

Read the Petition of John Alderson Praying a Resurvey of 190 Acres of Land on Bath Town Creek in Beaufort County Which was Granted and Ordered to be Returned to the next Court of Claims

Read the Petition of William Youngblood Praying a further Day for the Return of Two Warrants for 250 Acres of Land Each in Anson County which were in the hands of James Mackelman Deputy Surveyor but never by him surveyed, and it was Ordered that the said William Youngblood be allowed until the next Court of Claims to Return the said Warrants, and that the same be directed to some other Deputy Surveyor

Read and Granted the following Warrants for Land as per Warrant Book.

At a Council held at Newbern the 25th May 1757.

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Rutherford Esqr
The Honble Francis Corbin Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr

Several Patents for Land were Read and Granted as per Patent Book.

At a Council held at New Bern the 26th May 1757.

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Rutherford Esqr
The Honble Francis Corbin Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr
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Read and granted the [various] Patents for Lands.

Read the Petition of Mathew Hardey Praying a Resurvey of 300 Acres of Land in Cumberland County which was Granted and Ordered to be Returned to the next Court of Claims.

Read the Memorial of John Rutherford Esqr his Majestys Receiver General of this Province setting forth that the said Receiver General and His Deputies find themselves under Great Difficulties in the execution of their Office in many cases and particularly in the following, Vizt

Where the Patentee or Assignee reside in the Province and has Lands in a Different County on Which no distress is to be found.

Where the Tenant lives in Earl Granvilles District having Lands with no Distress on them in the Kings Part.

As to the Lands of Orphans on which there is no distress.

In the Case where the Patentee or Assignee does not reside in the Province and no distress to be found.

Where no distress is to be found and the Tenant is willing to resign the Land Rather than Pay the Quit Rents.

In the Case of Tenants by long Possession having Deeds but no Patents nor Records thereof.

In these Cases the Memorialist Prayed to be Directed as it is from them as well as from the want of a Proper Rent Roll that the Collection of His Majestys Quit Rents is so much Obstructed and Retarded in this Province.

The Memorialist further Represented that he hath Imployed the Registers of the several Counties in his Majestys Part to make out Abstracts of all Conveyances of Land by Will or Deed and as the same would be attended with considerable Expence desired to know if it might be charged in his Accounts.

Upon which it was ordered that the said Memorial be referred to the Kings Attorney for his Opinion thereon to be Reported to the next Meeting of the Council.

At a Council held at New Bern the 28th Day of May 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble James Innes Esqr
The Honble John Rutherford Esqr
The Honble Francis Corbin Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieusset Esqr and
The Honble Edward Brice Dobbs Esqr

Read and Granted the following Warrants for Land as pr Warrant Book.

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Read the Petition of Thomas Austin Praying a Resurvey of a Tract of Land in Currituck which was Granted and Ordered to be Reported to the next Court of Claims.

On hearing the Caveat Atkins against Lewis, It was Ordered that a Warrant Issue to Benjamin Lewis for the lands in Dispute.

On hearing the Caveat entered by Daniel Webb against Benjamin Blackburn It was Ordered that Warrants issue to Webb and Blackburn of the same Dates.

On hearing the Caveat entered by James Davis against Richard Spaight It was ordered that the said Richd Spaight have a Patent for the Lands in Dispute lying without the said James Davis's Patent.

At a Council held at New Bern the 30th Day of May 1757

Present His Excellency the Governor
James Hasell
John Rieussett
John Rutherford
Francis Corbin
and Edward Brice Dobbs

On Reading his Excellency the Earl of Loudouns Letter to the Governor Dated the 5 May Instant acquainting him that it will be necessary that the Militia of this Province should be Properly Armed and furnished with Ammunition and have a standing Order to march to the aid and assistance of the force already appointed at the Request of their Commander and that an Order to such Effect be given and Particularly Enforced in those Parts of the Province that are situated nearest to those forces or the Passes through which the Enemy can enter without waiting any particular Orders from the Governor, It was Ordered that a Proclamation issue strictly requiring the Colonels and other Officers of the Militia to Trayn and Exercise their several Ridgments and Companies Pursuant to the Militia Law, and to hold them in Readiness to March When ever Required and it was also Ordered that two thirds of the Militia of the Counties of New Hanover, Bladen, Duplin and Onslow be Directed to March to South Carolina on the first Notice and Orders from the President and Committee of Council Appointed for that Purpose at Cape Fear.

Ordered that the President and Committee of Council do take and Receive from the Collector of the Powder Duty for the Port of Brunswick what Quantity of Powder and Lead they Judge necessary for the use of the Militia Ordered for South Carolina.

Ordered that the President and Committee of Council at Cape Fear Direct the said Militia to March upon the first Notice he or they shall Receive from the Governor of South Carolina or Colo Bouquet Commander

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of his Majestys Troops these without waiting for Orders from the Governor.

Ordered that the President do cause Publick Notice to be given to any Person willing to Contract for Remitting £1500 Sterl. to South Carolina for the use of the Forces of this Province to give in their Proposal and Lowest Terms to him with the names of the Persons they Propose for their Security, and that the President do Transmit such Proposals as he may receive as soon as Possible to his Excellency for his Approbation

Ordered that Joshua Bodley and William Boyd Esqrs be added to the present Justices of the County of Chowan (—— Allston and —— Luton excepted they not having qualified) and that a new Commission and Dedimus Issue for the said County