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Colonial and State Records of North Carolina
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Minutes of the North Carolina Court of Chancery
North Carolina. Court of Chancery
March 31, 1729
Volume 03, Pages 13-15

[B. P. R. O. Proprieties. B. T. Vol. 12. R. 105.]

At a Court of Chancery March 31st: 1729.

Present

Christopher Gale Jno. Lovick Edwd Mosely Thos Pollock Thoms Harvey Jno Palin Edmd Gale Esqrs

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Gent I take this Occasion to recom̄end to You that speedy Care be taken to dispatch and determine such matters in this Court wherein his Majesty is any ways Concerned, particularly what relates to a Bill ffiled some time ago by Edmund Porter Esqr against Christopher Gale and Jno Lovick Esqrs in the name of His Majts Commrs of the Customs who ought not and shall not be trifled with, by unnecessary delays.

Gent' I take this Opportunity likewise to inform you of my Order of the first of Jany last past to Secry Lovick, Concerning his passing or giving out any more Warrants or Patents after the time I had appointed, having received Notice by a Letter from the Honble James Bertie and others from Great Britain, acquainting me with the Sale of this Province to his Majty King George, I thought it a Duty incumbent on me to Prevent the Disposing any more of the Soil till his Majesty's Royall Pleasure was further known. These my Resolutions I have transmitted home to the Secry of State for those parts and Gent as I shall not recede from my first opinion, it is my positive commands that the said Jno. Lovick Strictly obey the said Orders and in his Majestys Name I expect every Member of this Councill will Concurr with me in proper Methods to Oblige Mr Lovick to an exact observation of the same, and that he be compelled to record the said Orders as formerly Com̄anded, and a true Copy thereof (attested as such) Delivered to me which hitherto the said Lovick has in a very Contemptable manner refused to do, Althō the Recording of any Judicial Matter and giving Copys thereof are not meerly (ex gratia Curia) to be granted or not to be granted at his Pleasure Whose Business it is to Record and give Copys out of His Office even of a private Letter or any other matter if so desired and paid for by the Party requesting the same much more then sure it is too observed when it is the Commands of a Governor in an affair Respecting his Majesty's Property

I must beg leave Gent to desire a Copy of a Complaint or Charge I am informed some of You have ex parte in a Secret and Clandestine Manner sent home to His Majesty against me in prejudice of my Character and Arraigning my Administration which it seems you composed soon after Your new fform of Governmt when ten of you obstinately signed to a Proclamation for a Prorogation of the Genl Biennial Assembly to a longer time directly against my Consent or approbation and by that means Occasioned a totall Disolution to the great prejudice of the Inhabitants of this Country which proceedings all Mankind must needs think very extraordinary and repugnant to the known Maxims of an English Constitution.

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And lastly Gent I am to apprize you that a Mr Robert Route Provost Marshall under the Lords Proprietors has departed this Governmt and the Circumstances of Affairs Making it absolutely necessary to appoint one in his Absence I have therefore Given a Commission to Mr William Williams of Edenton to Act as Provost Marshl for him in his Absence, and this Gent like all other Governrs I have taken upon me to do without the necessity of acquainting you with it. As to any by Laws of this Country which by the Lords props orders and form of Constitution are of no Longer duration than two Years unless (Confirmed by them) gives equal Power with the Governor to every Member of the Councill to nominate and appoint Officers and Magistrates in this Province in case of a Vacancy, is a Law repugnant to the form of an English Governmt made with no other design than to impede and Lessen the Authority of all Govrs and seems rather Calculated for the States of Holland or Venice & therefore in itself null and Void.

I have hitherto Gent Consulted you who were proper persons to fill up Vacancys, and when I was a Stranger amongst ye I was grossly imposed, and induced to put persons into Eminent Stations who were flagrantly known (thō not at that time by me) for their Vice & Im̄orality Therefore Gent for the future I may Consult Your opinions as I intend to do in things of this Nature when occasion suits but I hope you will pardon me if I follow the Dictates of my own Reason in appointing such Persons in Case of Vacancy whilst I am Govr that I think most deserving and this Resolution with all the several Matters herein Contained I desire may be entered on record as it has been here read and signed by me, and Whatever this Councill or any Member thereof has to say in Answer to it, or any other Matter respecting my Conduct, I desire the same may be reduced into writing and a Copy thereof being first Publickly read and delivered to

Gent Your Humble Servt
RICHd EVERARD.