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Colonial and State Records of North Carolina
Minutes of the North Carolina Governor's Council
North Carolina. Council
August 03, 1716 - August 04, 1716
Volume 02, Pages 239-244

[Council Journal.]

North Carolina—ss
Att a Council holden at the Chappell in the Precinct of Chowan on Fryday ye 3d day of Augst 1716.

Present The Honble Charles Eden Esqr Governor Capt Genll Admll
The Honble Thos Pollock
The Honble Nath Chevin Esqr Lds proptrs Depty
The Honble Wm Reed Esqr Lds proptrs Depty
The Honble Chr Gale Esqr Lds proptrs Depty
The Honble Fras Foster Esqr Lds proptrs Depty
The Honble T Knight Esqr Lds proptrs Depty

Upon Petition of Andrew Salesbury Shewing that a Tract of Land qt ninety acres formerly Pattented by George Smith is now Laps'd for want of being seated in due time pursuant to ye Said pattent and prayes the same may be Granted to him

Ordered that the same be granted as pray'd for

Upon petition of William Barber Shewing that his Father Charles Barber had a Tract of Land Containing acres Granted to him by Pattent dated April 1712 which said Land is now Elapsed for want of being seated in due time pursuant to the Tenor of ye said pattent and prayes ye same may be granted to him

Ordered that ye same be granted as pray'd for

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Upon Petition of Coll Wm Maule Shewing that a Tract of Land lyeing upon ye horse swamp in Chowan was formerly Granted by Pattent to John Early which said Land is now Lapsd for want of seating pursuant to ye Tenor of ye said Pattent and prayes that the same may be Granted to him

Ordered that the same granted as prayd for

Upon Petition of Coll Wm Maule Shewing that a Tract of Land on ye horse swamp in Chowan Containing One hundred and fifty acres was formerly Granted by pattent to Isaac Lewis and is now Elaps'd for want of being Seated in due time pursuant to the purport of ye said pattent and prayes the same may be granted to him

Ordered that the same be granted as prayd for

Upon Petition Edward Davis Shewing that a Tract of Land Containing Three hundred acres was formerly Granted by Pattent to his Father Francis Davis and is now lapsd for want of being seated in due time pursuant to ye Tenore of ye said Pattent and prayes that the same be granted to him

Ordered that the same be granted as prayd for

Anne Smyth by an Instrument of writeing under her hand and produced to this Board made a Publick renunceac̄on of her Guardianship to Anne Mackoy an Orphan child of James Mackoy's Decd and prays that Mr John Porter may have ye Guardianship of ye said Orphan

Ordered that the said John Porter have Letters of Guardianship for ye said Annie Mackoy accordingly

Upon Refferrince from the Last Council board Major Thomas Luten comes by his Petition Setting forth that Madam Polluck by her Last will and Testament bearing date ye Twentyeth day of May 1712 haveing nominated and appointed him the said Luten to be Executor of her Last will and Testament and for ye Continuac̄on of the Executorship of divers other Wills whereto she was Executrx she did in that her Last will and Testament by a particular Clause nominate and appoint yor petitioner to be Executr to all those wills to which she was Executrx of and he havein according to Law Caused the will to be provd in the General Court of this province and prayes that it may be entered upon Record and that he may have Letters Testamentary Granted thereon according to Law that the Execuc̄on of those wills and Testaments whereof she was Executrx may not be retarded and that such things in action as pertaine to ye said Ester may be fully Administered according to Law

And Farther prayes that if any Caveat be entered against Letters Testamentary being Granted on ye said Esters Will that he may have a

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Coppy of it and that a certain day may be prefixed for the determining whither the said caveat be just or Reasonable or not

And the Honble Thomas Pollock who was the Husband of the said Hester at the time of her Decease haveing duly Entered a Caveat against ye probate of ye said Will or against any Letters Testamentary being Granted thereon likewise came this day and argued his reasons for ye same and this Board haveing duly heard and Maturely considered the reasons urged on both sides are of Opinion and do hereby Order Adjudge and Declare that so farr as the said Will relates to the Estates yt was of Coll William Wilkenson Decs'd ye former husband of ye said Ester or ye Estate that now is of the said Coll Thomas Pollock is voyd and yt and that Letters Testamentary ought not to go out thereon But that Letters Testamentary may be granted on the said Will so farr as it relates to the Executorship of Mr Harveys will therein mentioned

Upon Petition of John A very Shewing that sometime in August 1713 ye said A very being in Prince George's County in Virginia met with one John Fox aged abt fifteen years who being Desireous to live in North Carolina to learn to be a Ship Carpenter bound himselfe an apprentice to ye said John A very for Six years before one Stith Bolling Gent one of her Majties Justices of ye said County as is practiable in ye Governmt of Virginia whereupon ye said A very brought ye said Fox into North Carolina with him and Caused the sd John his said Apprentice to be Taught and Instructed to read and write and was at other Charges and Expences concerning him and haveing now made him serviceable and usefull to him in ye Occupation of a Shipp Carpenter to ye Great Content and Seeming Satisfaction of the said Foxes Mother and Father in Law one Cary Godby of Chowan Precinct But ye Said Cary intending to proffitt and advantage himselfe by the Labour and usefullness of ye said John Fox hath advised the said Fox to withdraw himselfe from yor petitionrs service and to bring along with him his Indentures of apprenticeship & is now Entertained and harboured by the said Cary Godby and therefore prayes that the sd Fox may be apprehended and brought before this Board their to be dealth with according to Law

Accordingly the said Fox and ye said Godby this day appear'd and ye matter being debated and maturely Considered by this board

It is Ordered that the said Fox do forthwith return to his said Mastr and demean himselfe as an apprentice ought during the remainder of his said Terme and that the said A very do provide for him and use him as becomes such an Apprentice.

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Upon Petition of Emanuel Lowe Gent Showing that his Father in Law John Archdale Esqr Governr of North Carolina purchaseing a Tract of Land in Pasquotank precinct lyeing in the mouth of New begun Creek Containing One Thousand and Six Acres Gave ye same unto ye said petitioner and yt some time in the month of February Anno Dom 1696 dureing the time of his being Governor of Carolina he sign'd and patst a purchase pattent for ye same according to ye Custom of No Carolina in ye petitioners name and ye petitioner not being then an Inhabitant of No Carolina the said John Archdale Esqr left the same in the hands of Daniel Akehurst Esqr Attorney of ye said Archdale who afterwards caused the same to be recorded in the Secretarys Office by order of ye said John Archdale Esqr which Orriginal pattent has been seen by divers persons particularly by Mr Joseph Jurdane who married the Daughter of ye said Akehurst and by Mr Wm Everigen but the Pattent being lost your petitionrs Title to ye same may be like to be called in Question prayes that a purchase Pattent for ye same One Thousand & six Acres may be granted him

Ordered that a purchase pattent do Issue out to him the said Lowe for ye said Land according to ye former pattent as it is sett forth by ye said Petitioner

Upon Petition of James Beezly setting forth that a Tract of Land on Morratack River formerly Granted to Richd Davenport is Lapsd for want of being Seatted in Due Time pursuant to ye said Pattent and prays ye same be granted to him

Ordered that the same be granted as pray'd

Then this Board adjourned till to morrow nine of ye Clock

Saturday Morning Nine of ye Clock this Board mett at the house of ye honble ye Governors

Present the honble the Governor &c
The Honble Thos Pollock Esqr Lds proprietors Depty
The Honble Wm Reed Esqr Lds proprietors Depty
The Honble ffras Foster Esqr Lds proprietors Depty
The Honble T. Knight Esqr Lds proprietors Depty
The Honble N Chevin Esqr Lds proprietors Depty

The Honble Governor haveing Communicated to this Board a Letter from the Governor of Verginia thereby acquainting him of his Intention to Settle the Enoe, Sawra & Keeawawes Indians at Enoe Town and to desire ye Concurrance of this Government thereto which being Considered by this board it is their Opinion that this Governmt cannot by any means Concur in that affaire by reason that a Letter lately received from

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ye Governor of South Carolina and also laid before this board wee are assured that Sawraw Indians are now in Actual Warr against ye Inhabitants of that Governmt and we have also reason to believe that the Enoe and Keeowaws are also engaged in ye Same Warr

This Board is also further of opinion that notwithstanding the present necessitys of the Government of South Carolina should Oblidge them to come into a peace with ye Indians yet in regard they have always been a Treacherous and Roguish people It would be of the worst Consequence to settle them in any part of this Government. And more Especially at Enoe Town it being on the very Frontiers of our Settlement where they would be Capable of Supplying our Enemies and do Offices of ye most Dangerous Consequence to this and our Neighbouring Governmt of South Carolina

The Honble the Governor haveing also communicated a Letter to this Board from ye Governor of South Carolina wherein he desires that some of our Indians and white men may be sent out to annoy the sawraws and other of ye Northward Indians and Enemies to that Government

It is ye Opinion and request of this board that the Governmt Doe appoint Tenn or Twelve voluntiers with such a number of Indians as he shall think fitt to goe out upon that Expidition and that he give them such Instructions as to him shall seem meet in that affaire

The Honble the Governor haveing Laid before this Board some papers said to be a Coppy of the Journal of the Lower house assembly Dated in Novembr 1715 wherein amongst other things are Conteyned the following Resolves (viz) Resolved that that the Impressing the Inhabitants of this Governmt or their Effects under pretence of its being for ye Publick Service without Authority of Assembly is unwarrantable A Great Infringmt of the Liberty of ye Subjects and very much weaken ye Governmt by causeing many to Leave it

Resolved that the Late Ill Treatment of ye Core Indians Contrary to the articles made with them and the Tenor of an Act of Assembly relateing to Indyan Affaires very Injurious to the Justice and Regulac̄on of this Governmt and is likely to involve this Government if not a Warr wth ye Indians.

Resolv'd that such persons who refuse to Take the publick Bills of Credit in payment of Fees or Quit Rents or that demand or Receive any allowance for Takeing Fees or Quitt rents in bills do very much lessen ye Credit of them and are Guilty of a very Great Breach of the act of Assembly conserning the currency of the bills

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Resolved that Coll Edward Moseley Speaker Mr Joseph Jessup Coll Thos Boyd Mr Wm Swan Mr John Porter Capt Fredk Jones and Mr Daniel Macfarlan or any four of them have sull power and Authority to represent the Deplorable Circumstances of this Governmt to ye Lds proprietors and that their Ldsps be Intreated to accept of ye Publick Bills of Credit for ye purchase of Lands in this Governmt as well as in South Carolina

It is the Opinion of this Board that the said Resolves and Every of them were Clandestinly obteyned and entered in the said Journal on purpose to Torment and Create Differences unreasonable Jealousies and Contempt of ye authoritys of this Governmt for that no such resolves were ever Published at the same Assembly nor Communicated to ye upper house at the time of ye Setting of ye said Assembly as in such Cases are used and ought to have been and particularly As to the first resolve it is the Opinion of this Board that the same Tends very much to ye Infringement of ye Authorityes and powers of ye Government for that it is undoubtedly prerogative to imppress and provide such necessaryes as they shall see fitting on any present Invasion Insurrection or other pressing Emmergensies or unforseen necessaties

As to ye Second Resolve it is ye Opinion of this Board that the same could be devised for no other Intent or design than to Create Jealousies and Ill affections in ye People to wards ye present Administration of ye Governmt for yt the Core Indian had always Since ye Treaties of peace with them the Greatest Indulgencies till by an Open violac̄on of ye said Treaties they attempted to murther one of her majties subject and stood out as Enemies in the utmost Deffyance of this Governmt and that what proceedings was afterwards had and Done Against them was done by and with ye Concurrencie and assent of ye Governor and Council upon upon mature Considerac̄on thereof first had

As to the third Resolve it is the Opinion of this Board that the same was Devised on purpose to Infringe the prerogative of the proprietors and to Create Jelousie in them of ye faithfull services of ye Officers here

And to ye Fourth resolve it is likewise the Opinion of this Board that the same was Devised on purpose to give some Ill and Disaffected persons the Liberty Clandestinly to vent their own malice to ye Lds proprietors against ye present administration under the noc̄on and ombrage of the Representatives of whole County.