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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
September 28, 1749 - September 30, 1749
Volume 04, Pages 954-961

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North Carolina.

At a Council held at New Bern 28th September 1749
Present His Excellency the Governor.
The Honble Eleazer Allen Esqr Member of Council
The Honble Roger Moore Esqr Member of Council
The Honble Will Forbes Esqr Member of Council

Read the Petition of Cornelius Lynch praying an Order for resurveying of two several Tracts belonging to James Mackilwean and Edmund Smithwick respectively which in regard they not being present is postponed till tomorrow and Ordered that the said James Mackilwean and Edmund Smithwick do then appear and lay their Patents before this Board.

His Excellency the Governour was pleased to lay before the Board a Copy of an Order of the Right Honourable the Lords of the Committee of Council for plantation affairs together with a copy of the humble petition of the Palatines in North Carolina to His Majesty which Order was read being as follows Vizt

At the Council Chamber Whitehall the 13th day of July 1747

By the Right Honourable the Lords of the Committee of Council for Plantation Affairs.

His Majesty having been pleased to refer unto this Committee the humble Petition of the palatines in North Carolina, complaining of Colonel Thomas Pollock for having disposed them of their Lands in that province which were granted them being by her late Majesty Queen Ann, And humbly praying his Majesty will be graciously pleased to restore them to the possession of their said Land at any term of Rents under His Majesty as shall be thought meet The Lords of the Committee this day took the said petition into their Consideration and are hereby pleased to refer the same (a Copy whereof is hereunto annexed) to the Lords Commissioners for Trade and plantations to Consider thereof and report their Opinion thereupon to this Committee


Then was read the Petition of the Palatines to His Majesty, being as follows Vizt

To his most Excellent Majesty King George the Second King of Great Britain Scotland France and Ireland Defender of the Faith

The Humble Petition of the Palatines in North America Humbly Sheweth

That your Petitioners being sent six hundred in Number by her most gracious Majesty Queen Ann into America under the Care of Christopher

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Gravenreed Barronet her Majesty of her bountifull kindness paid each man Twenty shillings Sterling for to purchase Necessarys for their peopling and settling her Plantations in North America And Gentlemen of England raised the like sum with six pair of hand mill-stones and two pair of water mill-stones for like purpose which said sums and mill stones your Petitioners put into the care of their Trustee aforesaid, who promised to pay them in North Carolina three Pounds for one received from them in England

That your Petitioners, pursuant to her Majesty's Proclamation sent to Germany in the year of our Lord One thousand seven hundred and eight had their Lands laid out to them (to wit) to each Family two hundred and fifty acres That your Petitioners Trustee Baron Gravenreed aforesaid entered into an agreement with them to find each Family two Cows and calves and a Bull, two sows and pigs and a Boar two Ewes and Lambs and a Ram which said stock your petitioners were to have in possession for the space of seven years and at the Expiration of such Term to deliver their said Trustee the said Principal and at Expiration of five years of said Term to pay him the yearly rent for two per currency per acre.

That in the year of our Lord One Thousand seven hundred and nine your petitioner arrived in America and in the year 1711 Indians broke out against and destroyed several Familys in which enterprize our Trustee was taken by the Indians whilst he was yet amongst them We expected him killed then came one Thomas Pollock who ruled both Governour and Country and acted in behalf as a General send to his Captain William Brice to take all the Dutch that were able to bear Arms and meet him at an Indian Town which was about six Leagues from our Inhabitants accordingly we did but he never met but left us to sit two days and one night with the Indians soon after Gravenreed was brought in but did not stay long with us who carried off from our Settlements all that he could conveniently come at promising to return with provisions and necessarys for the War but never returned nor made the least satisfaction for these Things received nor the Money allowed us by her most Gracious Majesty or the Gentlemen of England with Two hundred pounds which we also put into interest at our departure from England.

That as soon as our Trustee departed the said Colonel Thomas Pollock came to our Settlements and took every thing even the Mill stones and left us without any Assistance intirely naked to the mercy of the Indians.

That at the Expiration of four years the Indian War ended and then came the said Pollock and took our Lands from us that we had in Virtue

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of her Majestys Proclamation laid out to us We your distressed Petitioners being in an unknown part of the world and quite destitute of any assistance was obliged to submit to him the said Pollock who under Colours of a relapsed pattent holds the Land to this Day.

That in the year One Thousand seven hundred and forty seven, the fifth day of January the Heir of Colonel Thomas Pollock came to our Plantations to turn us off from our possessions by virtue of Authority in order to settle the Rebels the Scots in our Possessions it being in the dead time of Winter not knowing which way to go with our Familys by which we were compelled to give him our Bonds for as much as he was pleased to ask.

That your Petitioner most humbly prays that your most sacred Majesty will be pleased to award us Your poor Petitioners who have undergone the Fatigues of so long and Tedious a War against the Barbarous Indians a Decree for our said Land and at any Term of rents under Your most gracious Majesty, as to your Majesty may seem meet

And your Distressed Petitioners as in Duty bound will ever pray

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His Excellency was pleased to acquaint the Board that he had received a Letter from the Right Honble the Lords of Trade and plantations signifying that they have made their Report to the Lords of the Committee of Council upon the Petition of the palatines in this Province. And in regard of the ill Treatment they appeared to have met with advised the making them a Grant equivalent to what they were formerly possessed of and had recommended it to his Excellency to give Encouragement Assistance and protection. Which the Governour Ordered to be read which is in these words Vizt


We have received Your Letter dated the 17th of May last and the Papers therewith Transmitted.

We have made our Report to the Lords of the Committee of Council upon the Petition of the Palatines in your Province And in Consideration of the ill Treatment and Hardships they appear to have met with We have advised the making them a Grant of Land equivalent to what they were before possessed of, and we recommend it to you to give them all Encouragement Assistance and Protection in your Power.

We doubt not but that before this comes to your Hands You will have Received his Majestys Orders to transmit the Evidence necessary for our information upon the Law which you mention for an Equal Representation in the House of Burgesses in consequence of our Report to the Lords of the Committee of Council upon the Petition of the Inhabitants of the Northern Counties against that law but we must acquaint you that we have not Received the Law for fixing the seat of Government and therefore desire you will forthwith transmit to us a Copy thereof under the Seal of the Province and that we may be the better enabled to report our opinion on the situation of Affairs in your Government which we have now under our Consideration We desire you will likewise send us the State of the Province which you so long since acquainted us you was preparing. So we bid you heartily farewell and are Your very loving Friends and humble Servants


Then His Excellency was pleased to lay before the Board his Majestys Royal Instruction in Relation to the said Palatines which was also read being as follows Vizt

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George R

Additional Instruction to our Trusty And well-beloved Gabriel Johnston Esqr Our Captain General and Governour in Chief in and over our Province of North Carolina in America or to the Commander in Chief of our said province for the Time being Given at our Court of St James' the sixteenth day of March 1748, in the Twenty second year of our Reign

Additional Instructions

Whereas an humble petition hath been presented unto us by several palatines Inhabitants within Our province of North Carolina complaining of their having been formerly disposessed by Colo Thomas Pollock of Lands granted to them in Our said Province by our late Royal Predecessor Queen Ann, and that the Heirs of the said Pollock have turned them off their Possessions, and therefore humbly praying that we would be graciously pleased to restore them to the Possession of their said Lands at any Term of Rents that we should think proper

And Whereas it hath represented unto us that there have been Proceedings at Law in our said Province between the said Colo Thomas Pollock did obtain a decree in the Court of Chancery in our said Province for which Decree there has been no appeal, and that the said Lands were afterwards surveyed and patented in his name.

Now We having considered the same, as also the the Hardships which the said Petitioners who are represented to us to be a Laborious People and to have been many years settled in Our said Province, and to have been employed Manufacturing Pitch and Tar, and other usefull Commodities, have suffered by being disposessed of their Lands as aforesaid together with the advantages that will arise to our Province by the continuance thereof a number of usefull and Industrious Inhabitants. It is our Will and Pleasure, and you are hereby directed and required forthwith to make a Grant or Grants to the said Petitioners of so much Land in our said Province hitherto ungranted, as shall be equivalent to the Lands they have been dispossessed of to be from the payment of any Quit Rent for the first Ten years, but at the Expiration of that Term to pay the accustomed Quit Rent of 4s Proclamation Money for every hundred Acres to be granted agreeable to the Tenor of our Instructions to you upon that head, Provided nevertheless, and it is our Express Will and Pleasure, that you do insert a Clause in every such Grant or Grants so to be made by you to the said Petitioners, declaring that the same shall become void as to so much of the Land thereby to be granted as shall not be cultivated within Ten years from the Date of each respective Grant

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and as the settlement of the said Palatines will be a great addition of strength to our said Province, and be a considerable advantage and Security to the Inhabitants thereof We do hereby direct and require you to recommend to the Assembly of Our said Province to make speedy provision in such manner as they shall think proper for defraying the Charge of surveying the Land so to be granted to the said Petitioners, and of issuing the Grants for the same and all other Charges attending such Survey and Grants

G. R.

His Excellency the Governour was pleased to ask the Opinion of the Council thereon who unanimously Approved thereof. And Whereupon 'tis Ordered that Notice be given to all persons concerned in the said Petition or the Claimants of any Lands under them within this province in Virtue of a Grant obtained from her late Majesty Queen Ann that they appear before His Excellency the Governor in Council on Monday next being the second of October in Order that such Claims may be examined into

At a Council held at New Bern 29th September 1749

Present His Excellency the Governour

The Honble {Eleazer Allen William Forbes Roger Moor James Murray} Esqrs Members of Council

Read the following Petitions for Warrants for Land Vizt

Roger Moore 500 Craven, Ditto 500 Do, Ditto 100 Do, Ditto 1000 Do, Ditto 500 Do, William Pringle 100 Hyde, Richard Adams 100 Beaufort, John Leith 150 Hyde, Samuel Jasper 150 Do, Reading Blount 650 Beaufort, James Adams 100 Do, Robert Marker 100 Do, Peter Gustans & Joseph Nobles 300 Anson, Andrew Carthey 400 Do, Jane Adams 300 Do, Robert Brevard 640 Do, Alexander Dobbin 550 Do, Joseph McDowell 400 Do, Rachel Price 400 Do, John Chithelen 400 Do, Abington Shirrel 400 Do, William Shirrel 600 Do, Tyree Harris 600 Do, Thomas Potts 400 Do, Benjamin Jackson 400 Do, Jundin Gibson 100 Do, John Jakeller 640 Do, Francis Mackilwean 600 Anson, Henry Somerlin 100 Do Granted

Read the following Petitions for Grants for Patents, Vizt

Robert Thompsons 250 Beaufort, Nathan Archibald 250 Do, Joseph Gadd 316 Do, Reading Blount 685 Do Granted.

Read the Petition of Thomas Farmer shewing that one William Henderson had obtained a Warrant and surreptitiously a Grant and Patent for the Land he lives on for which the Petitioner has likewise a patent of an equal Date and praying in regard his being the prior Warrant, and the said Hendersons not having been regularly executed, and that he has

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made large improvements on the Premises, the said Henderson's Grant may be set aside. Postponed till Wednesday next being the 4th of October, and Ordered that the Parties with their Evidences, and also Joseph Caruthers Deputy Surveyor do then severally appear before this Board, in Order to a hearing in the premises and that they have Notice thereof Accordingly.

Read the petition of John Philips setting forth that one Samuel Uxford had entered certain Land whereon he has a Plantation in the Secretarys Office as Vacant Land and prayed relief therein. Which in regard the said Uxford not being present is postponed till Wednesday next.

Read the petition of Samuel Uxford for a Tract of three hundred and fifteen Acres granted to Lionel Leigh situate in Craven County, which on motion of Mr. Samuel Swann opposing the same in behalf of John Philips is Delayed till Wednesday next

Upon the Complaint of John Maxwell John Munfree and Thomas McClendon exhibited this day to the Board in behalf of themselves, and sundry others, Inhabitants of Johnston County setting forth, that Gilbert Kerr of the said County, had exacted, demanded and taken from them Exhorbitant and larger Taxes for the year 1748 than they ought to have paid, and prayed to be relieved in the premises. Whereupon it is ordered that the said Gilbert Kerr have Notice to appear before this Board on Wednesday next being the 4th day of October and that the parties Complainants do then likewise attend with their Proofs in Order that the Merits of the Complaint may be enquired into

At a Council held at New Bern 30th September 1749
Present His Excellency the Governour
The Honoble Eleazer Allen Esqr Member of Council
The Honoble James Murray Esqr Member of Council
The Honoble William Forbes Esqr Member of Council

Read Sundry Petitions for Warrants for Land as follows Vizt

Moses Tilmans 150 Craven, Thomas Hogg 200 New Hanover, John Williams 40 Bladen, Wendell Blyler 200 Johnston, Preston Goforth 400 Anson, William Rainey 300 Johnston, William Belk 100 Do, Henry Best 640 Do, Edward Grantham 200 New Hanover, William McKenney 300 Johnston, Richard Caswell Junior 600 Anson, Gilbert Kerr 200 Johnston, John Willson 200 Craven, Stephen Cade 150 Johnston, Robert Fellows 200 Do, Richard James 200 New Hanover, John Cook 100 Do, Michael Lowber 320 New Hanover, William Armstrong 100 Do, John Clark 100 Do, Thomas Kinion 50 Do, Andrew Moorman 600 Anson, Andrew Moorman Junior 300 Do, Benjamin Wheatley 200

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Craven, John Clitherall 640 Carteret, Abraham Boyd 350 Anson, Daniel Short 200 Do, John Tutell 50 Craven, John New 100 Johnston, James Carter 300 New Hanover Granted

Read the following Petitions for Grants for Patents Vizt

George Eilands 150 Johnston, Samuel Ratcliff 200 Do, William Bush 315 Do, Alexander Rouse 87 New Hanover, James Barefield 100 Do, Richard Leith 275 Hyde, Moses Arnold, 50 Craven, Do 200 Do, Philip Shute 440 Beaufort, Thomas Roberson 180 Anson, Edward Givins 275 Do, Robert Runax 75 Do, Samuel Besam 320 Do, William Shirrell 400 Anson, Joseph McDowall, 400 Do, George Faggin 200 Bladen, Benjamin Jackson 200 Anson, Leonard Killins 950 Do, John Killins 1000 Do, Andrew Killins 850 Do, Tyree Harris 600 Do, Thomas Potts 460 Do, Andrew Killins 1000 Do, Thomas Turnbull 800 Bladen Granted

Read the Petition of Richard Newman shewing he is Grantee of a parcel of Land situate on the North side of Pamlico River on the East side, at the Mouth of Bath Town Creek, being part of a Tract of Two hundred and Twenty Eight Acres, granted by the late Lords Proprietors to John Sullavant and the Petitioner conceiving there is more Land contained within the Courses and Distances of the patent than is therein mentioned he humbly prays a Resurvey thereon which is Granted and Ordered that the Surveyor General do accordingly Resurvey the same and make report thereof to this Board at their next sitting.