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Colonial and State Records of North Carolina
Minutes of the North Carolina Governor's Council
North Carolina. Council
August 04, 1720 - August 12, 1720
Volume 02, Pages 389-392

[Council Journal.]

North Carolina—ss
Att a Council held in the Towne in Mattercomack Creek the 4th day of August Anno Dni 1720

Present the Honble Charles Eden Esqr Governor et
Thomas Pollock Esqr Lds proprts Deputy
William Reed Esqr Lds proprts Deputy
ffrancis ffoster Esqr Lds proprts Deputy
John Lovick Esqr Lds proprts Deputy

Read the petition of Cullen Pollock shewing that he formerly Lapsed a Tract of Land Containing 640 acres on the North side of Moratock river which was patented in one Richard Paces name and that Coll Maule in his makeing a Resurvey for the Petitioner on the sd Land for want of knowing the line Trees left out of the Tract near thirty acres and Richd Pace from whom it was Lapsed now Entered the same and surveyed it

And the petitioner beleiveing that since the lapse was granted him for the whole Tract and that piece taken up as aforsd left out by Mr Maule's mistake he hopes it noe ways barrs him of his right therefore humbly prays that the Land so left out of the Tract lapsed by the petitioner by Coll Maules mistake may be granted to him

Ordered that the same be granted accordingly

Adjourned to Saturday the 6th of August

August ye 6th met again present as above together with Richard Sanderson Esqr

Read the Petition of the Inhabitants of Craven precinct Setting forth Divers inconveniences they labour under by reason of the time of their precinct Court sittings it happening so that when any person has business at that Court and the General Court they are so close one upon the

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other that it is impossible considering the distance to attend them both which very often renders them lyable to fines and other Damages they therefore prays that the time of the precinct Courts sitting may be altered so as to prevent the hardships

Which being considered by this Board Ordered that for the future the Courts for the precinct of Craven be held on the same Tuesdays in the proceeding Months that it formerly was appointed at

Read the Petition of William Grey shewing that William Browne in the year 1712 obtained a patent for 600 Acres of Land lying on Moratock which is Lapsed for want of seating and planting as the Lawe directing praying a Lapse patent may be granted to him for the same

Ordered that the same be granted as prayed for

Read the Petition of Richard Sanderson Esqr shewing that Joseph Sanderson in the yeare 1712 Obtained a patent for 68 Acres lying on Couratuck which is lapsed for want of seating and planting praying a Lapse patent for the same may be granted to him

Ordered that a Lapse patent doe Issue as prayed for

Upon Petition of Major Robert West shewing that in yeare 1717 Thomas West obtained a patent for 550 Acres of Land lying at the head of Salmon Creek which is Lapsed for want of due seating and planting praying a Lapse patent may be granted him for ye same

Ordered that a Lapse patent Issue as prayed for

The Petition of John Plowman was read setting forth that Jacob Hardy some time in July in the year 1717 Obtained a patent for 640 Acres which is Lapsed for want of seating and planting according to the Tenor of the sd patent praying a Lapse patent may be granted to him for the same.

Granted as prayed for

Read the Petition of William Haughton Shewing That Francis Beasley in the year 1717 sold the petitioner a Tract of land lying Yawpin and give him a ffrme Deed for the same which is acknowledged and registered in Chowan Court and the petitioner has actualy and Bona fide paid for the same but sometime after the sale there ariseing a dispute wether the sd Beasley could Lawfully sell the same upon which the sd Beasly to make the petitioner asy was at the Expense of getting a Writt of Escheat on the same and on the 2d day of April 1719 by a jury thereunto Lawfully Sworne was found to Escheat and that the right was in him the sd Beesly which inquissition is returned into the Secretary Office in order that a patent might have Issued on the same but before that would be obtained the sd Beesly dyed now the petitioner haveing such

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right as is sett forth and the Exors to the sd Beesly and all persons concerned knowing the same and being desirous that a firme title to the sd Land should be made him he humbly prays the Escheat patent may be ordered to come out in the petitioners name all persons concerned being Consenting thereto

Ordered that the Secretary make out ye patent in the sd Wm Houghtons Names as prayed for he paying the Compossition money thereof

John Petiver haveing produced to this Board Two depossitions Sworne before a Lawful Magistrate which say that the Land lapsed from the said Petiver by David Sherwood was in May or June 1719 Cleared ffenced and Tended with a sufficient House thereon according to Lawe which this Board allowing off

Ordered that the sd Sherwoods Petition be rejected and that the sd Petiver enjoy his Land without further Mollestation.

Upon Petition of Richard Winkfield setting forth that he purchased of one John Brice a survey for 250 Acres of Land lying in Hyde precinct on head of Jones Creek which he hath continued the possession of for this 11 years past and paid Taxes and Quit rents for the same together with purchase money yet nevertheless the petitioner could never obtaine a patent for ye same by reason of a Caveat lodged in the Secretarys office by Coll Frederick Jones without any manner of reason for so doeing the petitioner therefore prays that the Secretary may notwithstanding the sd Caveat Issue a pattent on the survey aforsd in his name

Whereupon Coll Jones appeared and informed this Board that the Land mentioned by the Petitioner was part of survey that belonged to him which was Conniveingly taken out of his survey by the surveyor that laid out the same

And the matter being duely considered by this Board Ordered that a Resurvey be made on Coll Fred Jones Tract of Land and if there be above the Quantity mentioned in his patent of 1990 acres in the sd survey that then the sd Winkfield have a patent for the overpluss

A warrant being produced to this Board by George Durant which had been laid in Deputy surveyors hands on Land at Deep Creek Issued in Governor Harveys Administrations And the sd Deputy refusing to make the survey thereon by reason the Warrant was not renued and in the meane time another person haveing taken out a new Warrant for the sd Land Mr Durant as by his Petitions desires the Opinion of this Board whether he hath not the best right to the sd Land

And this Board haveing duely considered the same and it appeareing to be thro the negligence of the surveyor that the sd Warrant was not renewed.

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Ordered that the Secretary renew the sd Warrant and that the surveyr General or his Deputy survey the aforsd Land for the sd George Durant as haveing lodged the first Warrant

The Petition of Cornelius Fitzpatrick ye younger was read shewing that his Father Cornelius obtained a patent for 190 Acres lying in Aligator Creek which is lapsed for want of due seating and planting praying a Lapse patent may be granted for the same

Ordered that the same be granted as prayed for

Thomas Taylor Marriner appeared before this Board upon a warrant from the Honble the Governor for his Assaulting and missuseing a negro man belonging to Coll Fred Jones without any manner of provocation which being fully proved against him by Two substantial Evidences

Ordered that he remaine in the hands of the Marshal til he give good and sufficient security in the sum of one hundred pound that he appear at ye next General Court to be held for this province to answer the same and not depart without leave of the Court and that he be of his good behaviour of the meane time

Adjourned to Fryday the 12th August

Fryday 12th met again present as before

Upon Petition of Mary Walloway shewing that James Williamson (who maried the Widowe of Thomas Snoden dec̄d) had sold a servant boy named William Jawson which had been bound by Chowan Precinct Court to the sd Thomas Snoden into the Government of Verginia

And the sd Williamson appearing and not denying the sale of the sd Boys Indentures only alledging that it was done at ye Instance of the sd Mary Walloway who was mother to the sd Boy

This Board haveing considered of the same doe order that the sd Williamson without fail take care to have the said William Jorson before the precinct Court of Chowan at the next meeting that such Judgment may be given thereo by them as is agreeable to Lawe

The Petition of Elizebeth Jones was read Shewing et

Ordered that if noe warrants and rights for the sd Land can be found in Secretary Office that they be renewed and that a patent doe Issue for the orphan as prayed for

J. LOVICK Secretary