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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 04, 1713 - November 05, 1713
Volume 02, Pages 65-73

[Council Journal.]

North Carolina ss
Att a Council holden at ye house of Capt Thos Lee in Chowan on Wednesday ye 4th day of Novr Ano Dni 1713
Present The Honble Thos Pollock Esqr Presidt &c
The Honble Thos Boyd Esqr Lds proptrs Depty
The Honble N Chevin Esqr Lds proptrs Depty
The Honble Wm Reed Esqr Lds proptrs Depty
The Honble C Gale Esqr Lds proptrs Depty
The Honble T Knight Esqr Lds proptrs Depty

Upon Petition of Majr Morris Moore showing that one Wm Harris a Soldier undr his Comand is lately Killed by the Enemy Indyans and prays that such of the Estate of said Harris as is to be found in this Govermt may be put into his Custoday for defraying his Just Debts.

Ordered that ye said Majr Moore has Admtion of ye sd Harris's goods Committed to him for ye purpose afsd

It appeareing to this Board that Kellam Tyler is Dead and hath left One Only Child by name Katherine Tyler liveing & an Infant and Thos Blount being nearest of Kin to ye sd Kellam

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It is Ordered by this Board that the said Thos Blount have ye Guardianship & Tuition of ye Said Katherine Tyler and also Admtion of all Goods and Chattle that were of ye said Kellams on behalfe of ye said Katherine and dureing her Minority—

Upon Petition of Solomon Jordain Showing that One Roger Snell was bound to his late wife before his marriage wth her—untill he shall come to ye age of Twenty one yeares which tyme has not yet Expired And ye Said Roger has now absented his Said Services therefore prays an Order of this Board to take up his said servant againe

Ordered the ye said Sollomon Jordain be Impowered to take up ye said Roger Snell wherever to be found and keep him untill he shall Come to ye said age of One & Twenty Yeares pursuant to his former Indentures—

Upon Petition of Jno Debt Showing that when he was out in ye Service of this Governmt agt ye Indyan Enemy the Provost Marshll made Distress upon a hand saw belonging to him for five shills Due for his Levy's which hand saw is now in ye possession of ffra Beezely being pd to him for ye afsd Sume of five Shills by the Treasurer of the Precinct of Perquimons And prays that he may have his Said Hand saw againe paying ye afsd Sume of ffive shills to ye Said Beezely therefore

Ordered that ye said ffra Beezely doe deliver to ye sd Jno Debt ye afsd handsaw he paying & Delivering to him the sume of five Shills in good & Merchantable Comodityes of this Governmt at ye rated price

Whereas Sollomon Jordain haveing represented to this Board that Jno Walker former husband of his late wife Eliza Jordain Did by his last will & Testamt Order & bequeath a plantation to him belonging in Nuse and not Pattented to be disposed off for the paymt of his Debts and the said Jordain's father showing that he has & is willing to pay and Discharge the Said John Walkers Debts and therefore prays that he may have a pattent for ye Same Land in his owne name. But for want of the will of ye Said John Walker to make the Same Allegation Certainly appeare and to prevent ye afsd Land Lapsing before he can produce ye Same

It is Ordered that ye Said Land doe Continue on ye Same foot it now stands on untill ye next Councill in Order that ye said will may be produced and then if it dos appeare as is above alledged that the sd Jordain have a pattent for ye same Land paying to ye Lds proptrs recr the purchase money now Due therefore.

Upon Petition of Jno Smithwick showing that a tract of Land on Kesiah River Conteyneing 440 acres was formerly granted to Edwd Smithwick by Pattent and is Lapsed for want of Seating and prays the same may be Granted to him

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Ordered that ye same Land be granted to ye said John Smithwick as pray'd

Upon Petition of Richd Davenport Showing that a tract of Land lyeing on Morratock Conteyneing 640 acres was formerly granted by patt to Wm̄ Jones & is now Lapsed for want of Seating and prays the same may be granted to him

Ordered that ye Same Land be Granted to Richard Davenport as pray'd

Upon petition of John Whitby showing that he being Indebted to One Eberniezer White ye Sume of 10£ Confessed Judgemt for yt Sume in ye Genll Court in July last upon promise that ye sd Ebineza would not take Execution within a Twelve monthes after Nevertheless the said Whitby being Imprest by the Honble Coll Boyd to go after ye Indyan Enemy the said White then Imeadiately tooke out Execution by virtue of which ye Sherriffe James Dange levyed & Seized one horse mare & yearling of a much greater value than ye said debt and without any notice given to yor Pettr Sold ye horse and he farther showeth that at his returne from ye service afsd he went and tended the money to ye said White upon which he wrote to ye said Dange to deliver ye afsd horse mare and yearing which he utterly refused & still dos detayn the same Contrary to Law therefore prays that upon his paying wt is actually Due that the Sherriffe may returne his goods againe &c And ye matter being Duely heard & Considered by this Board

It is ordered that ye Said Dange doe deliver the said Horse mare and yeareling to ye said Whitby againe he paying to ye sd Dange the afsd Debt Ten pounds wth the Costs due to ye said Judgemt Deducting thereout his reasonable Cost and Charges in presenting this Petition——

Upon Petition of Wm Mitchell Showing that Jno ffoster is Dead and hath made noe will & that he is greatest Creditor to ye Dec'd & therefore prays Letters of Admtion may be granted to him on ye said ffosters estate

Ordered that ye said Wm Mitchell have Letters of Admtion as pray'd

The Honble Coll Thos Boyd produceing to this Board a Certifycate attested and undr the hand of Phillis Askue Widd & relect of Thos Askue Dec'd thereby Impowering him ye said Thos Boyd to take admtion on ye said Estate of her dec'd husband as greatest Creditor whereupon

It is Ordered by this board that admtion be granted to the said Thos Boyd as afsd

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Thos Roper having made appeare to this Board that he hath a right to £7 13d out of the Claime Due to Jno Toby who was killed in Warr agt ye Indyan Enemy by a note under ye said Tobys hand which said note is either lost or mislaid amongst ye papers of ye Assbly

Whereupon It is ordered that ye said Thos Roper have ye afsd sume of £7 13d out of ye publick Treasury if soe much of ye Said Tobeys there found to be Due & unpad

Upon petition of Jno Whitby Showing that his wife who was the Widdow & Relect of Thos Russell Dec'd Obteyned Orders for Letters of Admtion on ye Estate of her said former husband in ye precinct Court of Corratuck by pretext of which ye said Court did exact security of his said wife in her widowhood and afterwards of him ye said Jno Whitby Obliging him to returne and Inventory of ye said Russell Estate to that Court of which he haveing failed the Deputy Marshall of the said precinct undr pretext of an Order of ye said Precinct Court Did break open his the Said Witbys house & Seize and Carry away his Household goods as also all his Catle and other things as well of right belonging to him ye said Whitby as wt was of ye former Estate of the said Russell Contrary to Equity and Good Conscience

Whereupon it is Ordered by this Board that the said John Whitby have Letters of Admtion in right of his said wife on ye afsd Thos Russells Estate and that the Said Deputy Marshall of Corratuck precinct Doe returne all ye Goods Chattles & Catle that he tooke under pretence of the afsd Order to the said John Whitby at his Owne house wth all convenient speed as he will answare ye Contrary at his Perrell without any Cost of ye said Jno Whitbeys either for ye Execution of the afsd Order or for the Delivery againe of ye Said Goods or of any proceedings that has been had thereon and that he returne an Inventory of ye Said Estate to ye Sectys Office pursuant to ye purport of his Said Letters of admtion & his Security Given thereon.

Upon Petition of Wm Mitchell Admr of ye Goods & Chattles of Jno ffoster Dec'd praying appraisors may be appointed to appraise the said ffoster Estate.

Ordered Nath Everett John Browning Mathew Addams & Henry Middleton or any three of them being first sworne thereto doe appraise ye said Estate and make returne thereof accordingly.

Upon Petition of Coll Thos Boyd Admtr of ye Goods & Chattles of Thomas Askue Decd praying appraisors may be appointed to appraise to said Estate

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Ordered that Henry Davis Patrick McKuen ffra ffeano & John McKuen or any three of them being first sworne thereto doe appraise the said Estate and make returne thereof accordingly.

Upon the Petition of Mary Lawson showing that a Tract of Land in Cuscopoung Conteyneing 109 was formerly granted unto James ffewox by pattent is lapsed for want of Seating in Due tyme & prays the same may be granted to her.

Ordered that the said Land be Granted to the said Mary Lawson as prayd for


[Council Journal.]

North Carolina ss.
Att a Council holden at ye house of Capt Hecklefield in Little river on Wednesday the 5th day of November Ano Dni 1713
Present the Honble Thos Pollock Esqr Presidt &c
The Honble Nath Chevin Esqr Lds proptr Depty
The Honble Thos Boyd Esqr Lds proptr Depty
The Honble Wm Reed Esqr Lds proptr Depty
The Honble Tob Knight Esqr Lds proptr Depty

Upon Petition of Antho Alexander Setting forth that on ye 20th day of Augt 1702 one John Burkett took up and surveyed (by Jno Andenson Depty Surveyr) a certaine parcell of Land conteyning 154 acres in Alligator Creek begining at a Gume by ye side of a great Swamp comonly Called or knowne by the name of ffifty tree swamp running down ye sd swamp No 55 Et 46 pole yn No 77 Et 40 poles then No 65 Et 160 pole then So 20 Wt 175 pole to ye pocofson then No 41 Wt 220 poles to ye first Station as in & by ye plott & Survey thereof Signed by ye Said Anderson & ready to be produced will more fully and at large appeare and further showeth that for a valuble Consideration paid in hand to ye sd Jno Burkett by your petr ye Said Burkett did make over & Confirme unto him ye afsd Tract of Land as in & by a certaine Deed bearing Date ye 12th of June 1705 Acknowledged in open Court Registered & ready to be produced will more fully and and at large appeare and farther showeth that he hath been ever since in possession of ye said Land either by

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himselfe Tenant assignes and Constantly and duely paid Quit Rents for ye Same rects for which he hath ready to produce and hath used all oppertunitys to get a patent for ye Same but hath been hindered Chiefly by ye Confusion this Governmt hath been of late in Now Soe it is that one Mathew Midgett hath Surreptitiously Caused a survey of ye afsd Land to be made in his own name and hath under hand procured a pattent for ye Same altho he ye sd Alexandr was in possession as afsd and being Ignorant of ye vile practices of ye Said Mathew Midgett had noe oppertunity to put a stop there to and therefore humbly prays that ye Said pattent may be cancelled & that he ye Said Alexander may have a pattent for ye Same as of right is Due to him And thereupon ye sd Mathew Midgett appeared and made his defence thereto and ye said Alexander having produced a returne of ye Survey returned into ye Sectys Office for ye afsd Land in ye afsd Burketts name as above sett forth in ye sd Petition and ye whole matter being duely heard & Considered on both sides

It is Ordered & Decreed by this Board that ye Said Antho Alexander have a pattent for ye Afsd Land according to ye afsd Survey and ye Afsd pattent Granted to ye afsd Mathew Midgett as afsd is hereby declared to have been Surreptitiously obteyned And invalled to all intents and purposes whatsoever And It is hereby farther Ordered that ye Said Alexander Doe as Soone as Conviniantly he Can lay out his said Land According to his former Survey And that Mathew Midgett have Liberty to take up ye Vacant land if any there bee

Upon the petition of Jonathan Evans Legatee of ye last will and Testamt of Richard Evans Dec'd Setting forth that his father Richard Evans was seized and possessed of a Certain plantation and Tract of Land Scituated lying & being in perquimons precinct Conteyneing three hundred and fifty acres and being Soe Seized and possessed as afsd Departed this life and by his last will and Testamt Devised ye same to him ye Said Jonathan as in & by ye said Will relation being thereunto had may more fully apear Nevertheless Peter Jones of ye afsd precinct well knowing the afsd plantation and tract of land to be ye Said Jonathan's Lawfull & rightfull Inheritance one hundred & fifty acres part & parcell thereof hath survey'd thereby Obstructing him ye said Jonathan to survey the same Contrary to Equity and Good Conscience wherefore prays that ye Survey made by the said Peter Jones may be null & Void And that he may be admited to Survey the Same

Upon Petition of Mary Hobbs praying for an Escheat of a tract of Land in Nuse now in her possession fomerly belonging to David Wharton Dec'd

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Ordered that she has ye first right to that Escheat Complying wth such Instructions as wee may receive from ye Lds proptrs on that accot

Upon Petition of Richard Graves praying that he may Escheat a Certain Tract of Land formerly belonging to David Wharton Dec'd lyeing between Cate's Creek & Island Creek in Nuse river

Ordered that ye said Richard Graves have ye first right to ye said Escheat Complying with such Instruction as wee may receive from ye Lds proprs on that accot

Upon Petition of John Walker of Corratuck precinct setting forth that he entered a tract of Land in Corratuck afsd wth Mr Tho Swann Depty Surveyr in Novr last & lay'd rights in his hands and requested him to survey ye Same Notwithstanding which he neglects Soe to doe & has now entered ye Said Land for another person and ye Said Walker haveing settled on ye Same Land doe therefore pray that a warrt may be directed ye Said Swann Comanding him to survey ye Same Land for him pursuant to his former Entry as afsd And it appearing to this Board that it has been wholly ye neglect of ye Said Swann that ye afsd Walker had not his Land duely lay'd out unto him as of right he ought in Due tyme and that ye same doe of right belong to him.

Whereupon It is ordered by this Board ye afsd John Walker have ye sd Land laid out for him & that a warrt be directed to ye Surveyr for that purpose.

Upon Petition of Coll Wm Bruce Showing that Peter Warden late of this Governmt is Dead without will and is Indebted to him ye sd Bruce in ye full & Just sume of fforty pounds by Specialty And thereupon prays Administration of Said Wardens Estate as greatest creditor

Ordered that ye Said Wm Bruce have admtion as pray'd and that Jno Stafford George Bell Wm Hancock Senr & Jno Slocomb or any three of them being first sworne thereto doe appraise ye Said Estate of ye Said Peter Worden as it shall be presented to them by ye afsd Wm Bruce

It is ordered by this Board that Nath Chevin Esqr Collector of ye Queen's customes doe cleare Mr James Tooke's Sloop with her Loading any former Order of this Board notwithstanding.

Upon Petition of Richard Corp showing that Eliza Deane Widd is dead and hath made noe will and that he marry ye only Daughter of ye said Deane therefore prays Administration on ye said Deane's Estate in right of his wife as nearest of Kinn

Ordered that Admtion be granted to ye said Richard Corpe as prayd

Upon Petition of Capt ffred Jones showing that he hath two tracts of Land Surveyd upon Morattock river (Vizt) one conteyning 4700 acres

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by warrt dated Nov 5 1706 and another tract containing 440 acres by warrant of ye same and one tract of 600 acres by warrant of same lyeing on Nuse River and one other tract of 600 acres by warrt dated Augt 1st 1706 lyeing also on Nuse river and ever Since that tyme been ready to pay ye purchase money for ye same and still is ready provided he may have assurances for ye same and for as much as there is at present noe receiver in the Country on the Proptrs accot to receive ye said purchase money this boarde doe not think it proper to make or give any purchase pattents Nevertheless for secureing the said Jones's title to ye afsd land

It is hereby Ordered that noe Collaterall Surveys or patentts thereupon Granted for any part of ye said Land by what meanes soever made or obteyned Shall be of any Effect and that ye said Jones shall have pattents for ye same soe soone as any purchase pattents shall be granted from this Board for Complyeing wth such Instructions as the Proptrs in that Case shall send to this Governmt and that ye said warrt & returnes be recorded

Whereas we are credibly Informed that Coll James Moore may be dayly Expected in wth the South Carolina fforces

It is hereby Ordered that ye Honble The president Doe give such Instructions and make such agreemts or Treatys wth the said Coll Moore or ye Indyans in relation to carrying on this warr as he shall think Convenient and Enter into such other Articles or agreemt wth Tom Blount or any other of our Neighbouring Indyans as he shall think proper.

Whereas we are Informed by the Reverend Mr Jno Urmston that Mr Richard ffrench have and Doe take upon him to Administer ye Holy Sacramt of Baptisme and to marry person without being duly qualified for ye same

It is Ordered by this Board that ye provost Marshll Doe Sumons ye said Richard ffrench to appeare at ye next Councill to be holden at Capt Hecklefield on the third day of the next Genll Court to answere to ye said Complt and that he forbid ye said ffrench to marry or baptize any person in ye meanwhile

Upon Petition of Thos Snoden Senr Showing that a tract of Land Scituated in perquimons precinct Conteyneing One hundred and Eight Acres pattented in name of Benjamin Nicholson is lapsed for want of seating according to ye tenour of an act of Assbly in such Cases made & provided and prays ye same may be granted to him

Ordered that ye said Land be granted to ye said Thos Snoden as pray'd

Upon Petition of Richard Leary showing that a tract of Land on Island called Bats's Grave Scituate in Albemarle Sound formerly Granted

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to Richard Davenport is Lapsed for want of seating in Due tyme persuant to ye purport of an act of Assembly in that behalfe made and prays ye same may be granted to him

Ordered that ye said Land be granted to ye Said Richard Leary as pray'd