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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
November 18, 1757 - November 29, 1757
Volume 05, Pages 817-821


At a Council held at New Bern on Friday the 18th Day of November 1757.
Present His Excellency Arthur Dobbs Esqr Governor
The Honble Mathew Rowan Esqr
The Honble James Innes Esqr
The Honble James Hasell Esqr
The Honble John Swann Esqr

Richard Fenner was Qualified as Deputy Clerk of the Council Deputy Secretary and Deputy Register of the Court of Chancery by taking and subscribing the several Oaths appointed by Law for the Qualification of Publick Officers

Richard Spaight Esquire produced a Mandamus to be one of the Council and was Qualified accordingly and took his seat at the Board

Alexander McCulloch Esquire produced a Patent appointing him Auditor General of the province during the absence of his Majestys Auditor General and at the same time was Qualifyed by taking and subscribing the Several Oaths appointed by Law

Several Warrants and Patents for Land were read and Granted as per Warrant and Patent Book.

At a Council held at New Bern on Saturday the 19th day of November 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Innes Esqr
The Honble James Hasell Esqr
The Honble John Swann Esqrand
The Honble Lewis De Rossett Esqr

Saml Slade agt Benja Slade

Upon motion of Mr. Swann It is ordered that no Patent be made out upon the Warrant obtained by Benja Slade for the Lands Caveated by Saml Slade.

-------------------- page 818 --------------------

Same agt James Denning

Ordered that no Patent be made out upon the Warrant obtained by James Denning for the Lands Caveated by Saml Slade.

At a Council held at Newbern on Monday the 21st day of November 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Innes Esqr
The Honble James Hasell Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Lewis De Rossett Esqr and
The Honble Richard Spaight Esqr

Stark agt Thornton

Upon hearing the Caveat in this Cause and Reading the several Depositions of John Dunn and Edwd Mansfield It is Ordered that Saml Thornton have a Patent for the Lands surveyed on his Warrant and that the Caveat of John Stark be discharged

Atkinson agt Lewis

Upon hearing the Caveat in this Cause it is ordered that a Warrant be granted to —— Lewis dated the 17th of May last that no Patent do issue to either until the return of Lewis's Warrant and then the Merrits of the disputes to be Determined

Hamilton agt Nelson

Ordered that the Caveat be Continued.

At a Council held at New Bern on Wednesday the 23rd Day of November 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Edward Brice Dobbs Esqr and
The Honble Richard Spaight Esqr

William Satathwait appeared before his Excellency in Council and upon Oath deposed that persuant to his Majesties Instructions he had for three successive Sundays before the 15 Instant posted up the several Chappels at Currituck white Marsh and Pantigo a Public Notification that Harding Jones Esquire would apply at the then next Session of Assembly for a Bill to Dock the Intail of all the Lands he was possessed of in Hyde County and further Deposed that there is not any Parish Church, nor are there any other Chappel in that part of the Country in which the said Harding Jones Lands lye.

-------------------- page 819 --------------------

At a Council held at Newbern on Saturday the 26 Day of November 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Edward Brice Dobbs Esqr and
The Honble Richard Spaight Esqr

Read the Petition of Robert Carruthers Esquire setting forth that the Petitioner together with David Palmer and Joseph Carruthers obtained a Warrant for six hundred Acres of Land in Craven County joyning on the back of John Bryants Land at the head of the Great Savannah, and that the said David Palmer and Joseph Carruthers by an Instrument in writing under their hands and seals had relinquished their right in said Land to the Petitioner and consented that a Patent should be granted to the Petitioner in his own name and praying a Patent in his own name for said six hundred Acres of Land whereupon and upon Reading the said Instrument it is ordered that a Patent do issue to the said Robert Carruthers for the said Land as is desired.

Read the Petition of David Palmer setting forth that the Petitioner together with Robert Carruthers and Wm Powell obtained a Warrant for two hundred Acres of Land in Craven County on the Fork of Rowan Branch on the North side of Trent joining the Lands of Saml Giliard and that the said Robert Carruthers and Wm Powell having given up their right to the said Lands to the Petitioner and praying a patent for the same in his own name Whereupon and upon the said Robert Carruthers and William Powells personally appearing and consenting thereto It is ordered that a Patent do issue to the said David Palmer for the said Lands in his own name.

Read the Petition of Alexander Steward setting forth that he is possessed of a Tract of Land commonly called Garrisons point Lying on the East side of Derhams Creek and South side of Pamplico River containing according to the Petitioners Patent six hundred and forty Acres, The Bounds whereof the Petitioner is not acquainted with and Praying the same may be ascertained by a Warrant of Resurvey which was Granted.

Read the Petition of John Alderson setting forth that the Petitioner is possessed of a Tract of Land on Bath Town Creek, adjoyning to Lands belonging to John Woodard the Lines of which the Petitioner is not acquainted with and praying a warrant of Resurvey for ascertaining the Lines between the said John Woodard and the Petitioner which was Granted.

Several Warrants and Patents for Land were read and Granted as per Warrant and Patent Book.

-------------------- page 820 --------------------

In the Afternoon

Present His Excellency the Governor
The Honble Mathew Rowan Esquire
The Honble Edward Brice Dobbs Esquire
The Honble Richard Spaight Esquire

Affidavit of Robert Love produced and Wm Dawson one of the Justices of the peace of Cumberland County being present proved said affidavit was sworn before him ordered the said affidavit be filed in the Secretarys Office.

At a Council held at New Bern on Monday the 28th day of November 1757

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Hassell Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Richard Spaight Esqr

Richd Spaight Esquire one of the Members of the Council Informed the Board that at the last County Court held for the County of Cumberland, Thomas Gibson and James Nichols two of his Majestys Justices of the Peace for said County behaved in a very Indecent Disorderly and Illegal manner, Whereupon and upon reading the affidt of Robt Love and Plunkett Ballard, It is Ordered that the said Thomas Gibson and James Nichols do on Thursday the 8th Day of December next personally appear before his Excellency the Governor and Council at the Council Chamber at New Bern to answer the said Complaints

At a Council held at New Bern on Tuesday the 29th November [1757]

Present His Excellency the Governor
The Honble Mathew Rowan Esqr
The Honble James Hassell Esqr
The Honble James Innes Esqr
The Honble John Swann Esqr
The Honble John Dawson Esqr
The Honble Lewis De Rossett Esqr
The Honble John Rieussett Esqr and
The Honble Richard Spaight Esqr

Wm Kinsie agt Watson

Upon hearing the Caveat and examining of Henry Skibbow upon Oath It is ordered that John Watson have a Patent for one hundred Acres of Land Purchased from Mr. Dry and that Mr. Dry and Mr. Kinsie have a Warrant for 180 Acres being the remainder of the two hundred and Eighty Acres Surveyed for Watson.

Blackburn agt Webb

Upon hearing the Caveat Ordered that Blackburn have a Patent for the Lands Surveyed for him.

-------------------- page 821 --------------------

Herritage at suit Norwood

Ordered that the Caveat be discharged and that a Patent do issue to Wm Herritage for the Land Described in Skibbows Plans dated 15th November 1757

Upon Reading a Patent bearing date the 2d day of May 1730 Whereby his Excellency John Lord Carteret Palatine and the rest of the true and Absolute Lords Proprietors of Carolina did grant unto Mr. John Swann a Tract of Land containing 500 Acres lying in Bath County and Precinct of New Hanover on the West side of Wickamaw Swamp and adjoining to the Lands of Joseph Waters beginning at a forked Walnut by the Swamp side running thence So 30 Wt 250 Pole, No 15 Et 320 Pole No 80 Et 250 Pole which said Patent and the Lands thereby granted are now Vested in the Honourable Mathew Rowan Esquire and also upon reading a late Survey whereby it appears that only 202 Acres and 55 pole are contained within Lines Described in said Patent It is therefore Ordered that the Surveyor Genl do forthwith admeasure and lay out unto the said Mathew Rowan so much more land adjoining the said Lines as will make out a full and Compleat Tract of 500 Acres as granted by said Patent two Just and Fair plans whereof he is to Certifie to this Board at their next sitting.



Additional Notes for Electronic Version: This document was enclosed in a letter from Arthur Dobbs - See Related Documents.