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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
December 19, 1763 - December 24, 1763
Volume 06, Pages 1014-1020


At a Council held at Wilmington 19th December 1763.
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble Lewis De Rossett Esqr &
The Honble John Sampson Esqr

Read sundry Warrants as per Warrant Book from No 1 to No 141 Inclusive which were passed, except No 33 and No 51 Caveated.

Present in the Afternoon—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis De Rossett Esqr
and
The Honble John Sampson Esqr

Read Sundry Warrants as per Warrant Book from No 142 to 250 Inclusive and passed the same to No 253 Caveated.

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At a Council held at Wilmington 20th December 1763.
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
and
The Honble John Sampson Esqr

Read sundry Warrants as per Warrant Book from No 250 to No 452 Inclusive and passed the same except No 307, 311, 445 Caveated, No 355, 356, 357 not Granted.

Mr. Murrays Rank in Council having been doubted by Mr. Hasell, Mr. Murray by His Excellencys desire Produced again the order of His Majesty in Council which is as follows—Vizt


At the Court at St. James's the 19th of June 1762.
Present—The Kings Most Excellent Majesty.
Duke of Queensberry
Earl of Bute
Lord Berkley of Stratton
Earl of Egremont
Mr. Vice Chamberlain
Viscount Falmouth
Mr. Secretary Grenville

Whereas James Murray, Esqr hath by Petition to His Majesty at this Board Humbly Represented, that in December 1757 Arthur Dobbs Esqr Governor of the Province of North Carolina, suspended the Petitioner together with John Rutherford Esqr Receiver General of His Majestys Quit rents in that Province from their seats as Members of the Council there untill His Majestys Pleasure should be known, but that upon an examination into the reasons transmitted by the said Governor for such suspension His Majesty had been pleased some time since to order the said Mr. Rutherford to be restored to his place and rank in the said Council and at the same time directed a Blank to be left in the List of Councillors contained in the new Instructions then preparing for the said Governor, in case his Majesty should think proper to restore the Petitioner to his Rank in the said Council and humbly praying in Regard the Reason Alleged by the said Governor for suspending the Petitioner are the same with those assigned for suspending Mr. Rutherford, that His Majesty will be likewise graciously pleased to restore him to his former place and rank in the Council of that Province—His Majesty taking the same into consideration is hereby pleased with the advice of His Privy Council to Order that the said James Murray Esquire be restored to the place and Rank he held in the said Council at the time he was so suspended by the said Governor and for which a Blank was left by His Majestys Commands in the List of Councillors contained in the new Instructions given to the said

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Governor. Whereof the said Governor or Commander in Chief of His Majestys Province of North Carolina for the time being, and all other whom it may Concern are to take notice and Govern themselves accordingly.

W. SHARPE.

On considering the said Order the Council (Mr. Hasell Inclusive) were unanimously of opinion that Mr. Murray justly Ranks as President or first member of his Majestys Council for this Province and His Excellency was pleased in obedience to the said order to Command the Secretary forthwith to insert the Name of James Murray in the Blank at the Beginning of the List of Councellors in His Present Majestys Instructions to His Excellency and the same was accordingly Inserted


At a Council held at Wilmington 21st December 1763
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr &
The Honble Lewis Henry De Rossett Esqr

Read Sundry Warrants as pr Warrant Book from No 453 to No 497 Inclusive, and sundry Patents as pr Patent Book from No 1 to No 96 Inclusive which were signed and passed excepting No 33, 35, 37, 94, 95 Inclusive which were signed and passed

Read the Petition of John Bravard setting forth That by a mistake of the Surveyors the word West in the second Course of his Patent for 600 Acres of Land in Anson County dated 31st March 1753 has been incerted instead of the word East Ordered that the same be altered, as also the Record thereof in the Secretarys Office agreeable to said Petition.


At a Council held at Wilmington 22d December 1763
Present—His Excellency the Governor
The Honble James Murray Esquire
The Honble James Hasell Esquire
The Honble John Rutherford Esquire
The Honble Lewis Henry De Rossett Esquire
and
The Honble John Sampson Esquire

Heard the Petition of Thomas Lloyd and Council thereupon The Facts set forth in the said Petition having been sworn to by the Petitioner before his Excellency in Council agreeable to the prayer in the said Petition, Injunction was Granted to stay Execution against the Petitioner as security for William Reed deceased late Sheriff of Orange County till the 12th February next

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Mr. Frohock appeared in behalf of Wm Strother, Oliver Walker and William Taylor who having had sentence of death passed upon them by the Court of Salisbury, Upon the Representation of the Judge of the said Court and by many of the Freeholders in the said district His Excellency had been pleased to reprieve them for six months and now by advice and Consent of the Council has been pleased to Grant them a further Reprieve for the term of ninety nine years.

Thomas Rutherford Deputy Secretary for this Province and James Clark his Assistant appeared and being sworn produced to His Excellency in Council a List of all the Books of Record for this Province and also of all Wills Bonds Inventories and other papers belonging to the Secretarys Office which have been brought from Newbern and Halifax and are now Lodged in the Secretarys Office which at the request formerly made by the Secretary for the said province is Entered upon the Council Journals that it may appear what Books of Records and papers are to be found in the Secretary's Office.

Heard the Petition of Abigail Cannady Widow of Alexr Cannady late of Dupplin County deceased and Council thereupon relative to the County Court of Dupplin having Granted Letters of Administration to Solomon Huffham and Mathew Small upon her said late husbands Estate in preference to prejudice of the Petitioner—Not Granted Administration to Solomon, Huffham and Mathew Small Confirmed


At a Council held at Wilmington 23d December 1763
Present—His Excellency the Governor
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
and
The Honble John Sampson Esqr

Read and passed the following Warrants as pr Warrant Book Viz No 51, No 233, No 307, No 447, No 498 to 505 Inclusive No 311, 445 and 506 not to issue

Caveat to a Patent {John Carney
vs.
Benj Williams}

On hearing the Caveat Ordered that Benjamin Williams Patent do issue

Caveat to a Patent {Chas Moore
vs.
Robt Dickson}

-------------------- page 1018 --------------------

On hearing the Caveat Ordered that a patent do issue to Robt Dickson on Warrant No 121.

Caveat to a Patent {Robert Dickson
vs.
Chas Moore}

On hearing the Caveat—Ordered that no Patent issue to Chas Moore for Warrant No 149

Caveat to a Patent {The Exrs of Thos Little
vs.
John Kerney & Elias Justice}

Nobody appearing to support the Caveat Ordered the Warrant issue to Kerney & Justice

Caveat to a Patent {Christian Ipock
vs.
John Gatlin}

On hearing the Caveat Ordered that no Patent issue to John Gatlin

On Motion of Mr. Swann in behalf of Sarah Roe Widow and Relict of Colman Roe Ordered that a Warrant of Resurvey issue to the Surveyor General to Cause him to have resurveyed a Tract of Land Patented by John Barrow lying on Pamplico River near Core Creek in Beaufort County

On Petition of Alexander Lillington Ordered that a Warrant of Resurvey issue to the Surveyor General To cause him to have Resurveyed a Tract of Land Belonging to James Mosely situated on the Et side of the No Et River opposite to John Moseley's

On Petition of Sampson Moseley Ordered that Eight Warrants of Resurvey issue to the Surveyor General to Cause him to have Resurveyed the said eight Tracts of Land as Petitioned for and that the same be returned to His Excellency in Council at their next meeting

Read the Petition of Emanuel Simmons setting forth that his father John Simmons Obtained a Patent from the Late Governor Johnston Dated 9th March 1736 and that by an omission there is one of the most material courses left out as appeared by the said Patent

Ordered That North 30 Et be inserted after the Course Wt 180 poles and that the same be inserted in the Record.

Ordered that Francis Jones of Beaufort County be served with notice to appear at Wilmington before His Excellency in Council the 2d of February next to shew cause why he should not be struck out of the Commission of the Peace.

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Read Sundry Patents as pr Patent Book Viz No 33, 35, 94, 95 and from No 97 to 207 Inclusive also No 212, 213 and 219

Read the Petition of Joseph Kensey setting forth that he obtained a patent for 100 Acres of Land in Craven County which said Patent was Recorded in the Secretarys Office and dated the 10th of March 1758 Ordered that the said Patent be Enrolled in the Auditors Office and Countersigned by the Secretary agreeable to the prayer of the said Petitioner


At a Council held at Wilmington 24th December 1763
Present—His Excellency the Governor.
The Honble James Murray Esqr
The Honble James Hasell Esqr
The Honble John Rutherford Esqr
The Honble Lewis Henry De Rossett Esqr
and
The Honble John Sampson Esqr

On Petition of William Price Ordered that the Words No 72 East be inserted instead of No 72 West both in his Patent for 791 Acres of Land in Anson County and the Record thereof in the Secretarys Office that the same may agree with the Plott affixed to the said Patent.

Read Sundry Patents as pr Patent Book No 37, No 208, No 209, 210, 211, 214, 215 to 218 Inclusive and passed.

And sundry Warrants as pr Warrant Book from 507 to 511 Inclusive which were passed

John Starkey Esquire exhibited a Patent to Samuel Middleton for One hundred Acres of Land in Onslow County bearing date the 11th October 1749 in Order to have the said patent made perfect by auditing and recording the same And Mr. Starkey having made Oath that said Land hath been duely settled by the Widow and Children of the said Patentee and that no other person hath any claim or pretention to the said Land Ordered that the said Patent be perfected as aforesaid

On Petition of William Blyther Ordered that His Patent for 200 Acres of Land in Craven County dated 25th February 1743 be recorded in the Secretarys Office

On Petition of John Giles Ordered that his Patent for 160 Acres of Land in Craven County Dated 14th October 1748 be Recorded in the Secretarys Office

On Petition of Edward Fuller Praying a Resurvey of a Tract of Land Granted by the late Lords Proprietors to James Shackleford situated on the North River in Carteret County Alledging that the said Edwd Fuller has long since purchased part of said Tract and

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for many years dwelt thereon That there is a greater number of Acres within the lines of said patent than specified therein, And praying that he may have Liberty to take up such Surplus Land

Ordered that a Warrant of Resurvey issue accordingly to be returned to the next Court of Claims

Read the Petition of Edward Fuller praying a Warrant of Resurvey of a Tract of Land Lying on the North River joining James Shacklefords possessed by Elias Albertson Alledging that there is a greater Number of Acres within the Lines of his Patent than specified therein and praying that He may have Libertie to take up such surplus Land

Ordered that a Warrant of Resurvey issue accordingly to be returned to the next Court of Claims.

Complaint having been made by Joseph Williams Esqr in behalf of the Inhabitants of St Gabriels Parish in Duplin County against the Reverend William Miller minister of said parish on Account of the notorious immorality of his behaviour

Ordered that the Clerk of the Council issue a citation to the said William Miller to appear before His Excellency in Council on the first Tuesday in February next at Wilmington and Likewise issue such subpœnas as shall be required on one part and the other concerning the premises



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