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Colonial and State Records of North Carolina
Minutes of the North Carolina Governor's Council
North Carolina. Council
February 25, 1744 - March 05, 1744
Volume 04, Pages 674-682

[From the MSS. Records of North Carolina Council Journals.]

North Carolina.

At a Council held at Bath Town 25th February 174¾
Present His Excellency Gabriel Johnston Esqr Governor
The Honoble Robert Halton Esqr Member of His Majestys Council
The Honoble Cullen Pollock Esqr Member of His Majestys Council
The Honoble Eleazr Allen Esqr Member of His Majestys Council
and The Honoble Roger Moore Esqr Member of His Majestys Council
The Honoble William Forbes Esqr Member of His Majestys Council
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Read the following Petitions for Patents Vizt

Seth Pilkenton 640 acres Beaufort County, Tarlbe O'Quinn 640 Edgecombe, Richard Deerman 500 Craven, Nathl Macon 100 N. Hanover, John Miller 400 Do, John Richardson 200 Onslow, John Plowman White 452 Craven, John Herring 300 Do, John Echolls 100 Beaufort, John Hanning 177 Craven, Robert Halton Esqr 640 N. Hanover, William Carruthers 200 Beaufort, Josias Jones 100 Do, Jonathan Bangs 48 Carteret, Richard Alligood 100 Beaufort. Granted

At a Council held at Bath Town 28th February 174¾
Present His Excellency Gabriel Johnston Esq Gov. &c
The Honoble Eleazer Allen Esqr Member of His Majesties Council
The Honoble Cullen Pollock Esqr Member of His Majesties Council
The Honoble Math Rowan Esqr Member of His Majesties Council
and The Honoble Roger Moore Esqr Member of His Majesties Council
The Honoble William Forbes Esqr Member of His Majesties Council

Joseph Anderson Esqr His Majesties Attorney General Exhibited Articles of Complaint against Isaac Buck Esqr One of His Majesties Justices of the Peace for Beaufort County which was read and the said Buck Ordered to attend together with the Evidences therein named on Monday next

Read the following Petitions for Patents Vizt

David Pursley 320 N. Hanover, Joseph Holloway 200 Hyde, Charles Goom 600 Craven, Jas McKelwean 200 Do, John McKeel 200 Beaufort, Griffeth Floyd 600 Beaufort, William Stafford 100 Do, Abraham Duncan 300 Do, Richard Warner 100 Do, William Braswell 500 Edgecombe, Samuel Williams 260 Do, John Smith 300 Beaufort, James McKelwean 200 Craven. Granted

At a Council held at Bath Town 29th February 1743. [1744]
Present His Excellency Gabriel Johnston Esq Gov. &c
The Honoble Eleazar Allen Esqr Member of His Majesties Council
The Honoble Cullen Pollock Esqr Member of His Majesties Council
The Honoble Mat. Rowan Esqr Member of His Majesties Council
and The Honoble Roger Moore Esqr Member of His Majesties Council
The Honoble William Forbes Esqr Member of His Majesties Council

Mr Richard Lovit Exhibited before this Board a Complaint against His Majesties Justices of the County Court of Craven in these words Vizt

To His Excellency the Governor in Council.

The Humble Petition of Richard Lovett Sheweth.

That Your Petitioner upon some causes of Consequence was obliged to give his Attendance at Last Circuit Court held at Cape Fear which happened at the same time that the County Court of Craven was held, where your Petitioner was concerned in several Causes. That before he

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went to Cape Fear applyed himself to two or three of the Magistrates of the said Court and acquainted them of the Obligation he was under to give his attendance at said Court and especially at that time withal intreating them that if any of your Petitioners Actions were called they would be so kind to Post pone them until the next Court which they promised to do. And further Your Petitioner setts forth that he also wrote a Letter to Mr Wirriot Ormond and therein enclosed a Docket of all his Causes with Instructions to him to appear and do what was necessary therein, but contrary to your Petitioners expectations Mr Ormond was Interrupted by sickness so could not attend.

That the Clerk of the Court to whom your Petitioner delivered the said Letter and Docket seeing Mr Ormond did not come, applyed himself to the Court in your Petitioners behalf and Read said Letter and Docket to them but the Court Rejected the same, and upon motion of William Herritage Attorney The Court agreed to the Dismission of all your Petitioners Causes wherein he was concerned for the Petitioners except one, in which Mr Ormond was concerned with your Petitioner which they likewise would have dismissed but the Plt in Person coming into Court, and upon his making Oath that Mr Ormond was Employed also, they continued the Same.

That since the Dismission of said Suites Your Petitioner was informed by the present Deputy Sheriff that he had Received Executions from the Clerk against the several Persons whose Suites were dismissed for the several Fees.

That in none of your Petrs causes there was issues save in one, but the Defts in some were to plead and others the Common Order so that the continuance of them was only agreeable to Practice, and therefore could not be any delay or Injury to either Party.

That some time before that at a former Court your Petr was concerned in a cause, Lingfield at the suite of Hands; and Doctor John Bryan being one of the Sureties for said Hands, your Petr happened in the time of the Court to be seized with a most violent fit of a Fever, was obliged to withdraw himself from the Court, untill the said Fit was over, which upon application to the Court your Petr had Leave, but no sooner had your Petr so withdrawn himself but Mr Herritage and said Bryan moved the Court that the Tryall of said Cause might come on, to which they accordingly agreed to and without giving your Petr the Least Notice, called the Plt, and Entered a Non pross against him, Notwithstanding that John Powell Gent one of the Justices who happened in the Room where your Petr was sick, and gave your Petr his hand that no business of his should be done.

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That your Petr humbly apprehends all the said proceedings of the said Court Arbitrary and Illegal and contrary to the known practice of the several Courts in this Province, and was done with no other view than to detract and Injure your Petr in his Business and Character as an Attorney, Defeat your Petrs Clyents of a fair and just Tryall, put your Petr to the Loss of his Fees and double Damages in each Cause.

All which Allegations your Petr will maintain and Prove as your Honrs shall [think] fit.

May it therefore please your Excellency and your Honrs to take your Petrs case into consideration and give your Petitioner such Relief as your Honrs in your Wisdom shall think proper

And he will Pray &c.

The said Justices being called Mr Powell one of the said Justices duly appeared Whereupon Mr Lovett produced a Docquet of the Business set forth in his Complaint attested by the Clerks of said County Court who being present was sworn and examined thereon, and the said Powell fully heard in his Defence touching the said Complaint against him, and the rest of the Justices, And it appearing That the said John Powell together with John Bryan and John Carruthers had acted with great Partiality on the seat of Justice. It is thereupon considered and Ordered that the said John Powell, John Bryan and William Carruthers be and each of them are hereby Ordered to be struck out of the Commission of the Peace for the said County of Craven.

At a Council held at Bath Town 1st of March 1743. [1744] Present as before.

Read the following Petitions for Patents Vizt

Samuel Slade 200 acres Beaufort County, John Williams 254 Craven, William Bush 200 Do, Thomas Kearsey 400 Edgecombe, William Johnson 640 Do, Robert Walker 250 N. Hanover, Benjamin Williams 150 Craven, John Fonville 200 Do, John Scellars 400 Do, Thomas McClendon 200 Do, William Whitehead 100 Edgecombe, William Newens 300 Craven, Isaac Dickinson 200 Edgecombe. Granted

Read the Petition of Samuel Hargrove Shewing that he obtained at Last July Court of Claims a Grant for Lands in Edgcombe County the Warrant for said Land being in the name of Benjamin Hargrove, Brother to the Petr who since the Return of said Warrant is Dead, and the said Samuel as Heir at Law to the Deceased had the same Granted to him in his Name, but by some mistake in making out the Patent for the same, the name of Richard was inserted in the room of Samuel, Praying the same may be altered &c

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Ordered that the said Patent be altered in Council agreeable to the Prayer of the said Petition which was accordingly done. The word Richard being Erased and the word Samuel written in the room thereof.

At a Council held at Bath Town 5th March 1743 [1744] Present as before.

Eleazer Allen Esqr His Majesties Receiver General of this Province Exhibited a Memorial to his Excellency in Council setting forth That he hath for several years past met with great difficulties and obstructions in the Collection of His Majesties Quit Rents throughout this Province which he apprehends arises from these two Causes

First. The want of Currency in the Southern parts, or some sufficient Portable Medium to Enable the Inhabitants to discharge their Rents. But chiefly

Secondly. A Law passed in the year 1715 and still subsisting whereby all Goods taken into Execution or in distress for Quit Rents are directed to be valued by Four Freeholders upon Oath, and the Creditor obliged to take the said Goods in full satisfaction for his Debt at such Value and dispose of them as he can, to which Law he humbly begs leave to Refer as he apprehends it will more fully convince His Excellency and the Honoble Council that the said Law seems to be calculated to obstruct the Receipts of His Majestys Revenue arising by the Quit Rents, and Render all Process for the Recovery of the same useless

And he further begs Leave to Represent that as to the Inhabitants of the more Northern parts of the Province and Particularly of Albemarle County (formerly so called) have almost universally refused the Payment of their Quit Rents from the time of His Majestys Repeal of the Late Quit Rent Law was published here whereby a very Large Arrear is now become due to the Crown, alledging among other things, that as by the said Quit rent Law they were allowed the Payment of their Quit rents in Gold and silver at Proclamation Standard. And that as His Majesty had not signified in the Repeal of the said Law that the Quit Rents should be paid and Received in another manner, They Apprehend they were at Liberty still to Tender their Quit rents to His Majestys Receiver in Proclamation money. In which manner of Payment he hath been often solicited to receive the same and to give Proper Discharges from them but refused as being dubious how far it was consistant with his Office so to do, since His Majesty had in his Wisdom thought fit to Repeal the said Law

He therefore begs Leave to make his application to His Excellency in Council for his Assistance and advice in the Premises To the End that

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so large an arrear of His Majesties Revenue may no Longer remain unsatisfied and several Officers on the Royal Establishment for this Province may be paid their several Proportions of the same.

His Excellency was thereupon Pleased to Lay the same before the Board for their Advice and Opinion of the Matter; Who on duly weighing and considering . . . . the said Memorial, are unanimously of Opinion that the Receiver General may and ought to receive all Quit Rents and Arrears of Quit rents now due to His Majesty in Proclamation Money at Proclamation Standard

Whereupon His Excellency the Governor having taken the advice and Opinion of the Board thereon is also of opinion that the said Eleazor Allen His Majesty's Receiver General may and ought forthwith to Receive all Quit rents and Arrears of Quit Rents now due to His Majesty within this Province in Gold and Silver at Proclamation Standard and give Receipts for the same accordingly

Read the following Petitions for Patents Vizt

John Wilkins 100 acres Pequimons County, Do 200 Chowan, John Williamson 300 Bladen, Richard Horne 640 Edgecombe, Thomas Cunningham 200 N. Hanover, George Gould Esqr 430 Bertie. Granted

Read the Petitions of Julius Cæsar Parke and Mary Gale in these Words Vizt

North Carolina.

To His Excellency Gabriel Johnston Esqr His Majesty's Capt General, Governour and Commander in Chief in and over His Majesty's Province of North Carolina and Vice Admiral of the same.

The Petition of Julius Cæsar Parke and Mary Gale Most humbly sheweth

That one William Reed late of Pasquotank County deceased was seized in his Demesne as of Fee of a certain tract of Land lying in the said County containing by Estimation Eight Hundred and Fifty Acres, And Dyed so seized of the said Lands together with several Negroes and Stocks of Horses, Sheep, Cattle and Hoggs and Utensalls for Husbandry.

That after the decease of the said William Elizabeth his Widow did take out Letters of Administration of all and singular the Goods and Chattles and Credits of the said William Reed, soon after which the said Elizabeth Widow of the said William Reed did demise and to Farm Let for and during the Term of seven years the said Plantation Tract or Parcel of Land with six of the said Negroes, and all the stock and utensells for Husbandry on the said Plantation to one James Briggs

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Planter for the consideration of Two hundred Pounds the first year and Three hundred Pounds for each and every year after during the said Term to be paid in Current money of the said Province or Produce of the Plantation as by the Lease dated the first day of January 1739 ready by your Petitioners to be produced to your Excellency and the Council may fully Appear by Virtue of which said Lease the said James Briggs Entered on the Premises and was thereof possessed and afterwards (to wit) on the 25th day of December 1740 by his assignment of that Date did assign the said Lease to your Petr Mary Gale, as by the said Assignment ready to be Produced may appear, by virtue of which the said Mary Entered upon and was Peaceably possessed of the Premises, after which the said Elizabeth Widow of the said William Reed having Intermarryd with one McRora Scarbrough the said McRora (as your Petrs have great Reason to believe) wanting to dispossess your Petr Mary Gale of her said Lease, gave Leases of several parcells of said Lands to other Persons, whereas your Petr expressly charges the same to be included in his Lease to Plant and keep Stock thereon, to eat up the herbage and mast, to Harras your Petr Mary Gale, and render the said Lease of little or no Use to your Petr the greatest advantage arising to your Petr by the said Lease being by raising of Stocks, and your Petr being a Widow and unacquainted with the Laws, and not careing to enter into contest at Law with the said Macrora Scarbrough (being one of the Two Assistant Judges of the General Court, and of great interest with the Gentlemen of the Law) Your Petr for Quietness sake sake assigned her Term yet to come of the said Lease to your other Petr Julius Cæsar Parke, who was thereof Quietly possessed: Now so it is, May it Please your Excellency your Petr dwelling with the said Julius Cæsar Parke on the said Plantation, and that notwithstanding the said McRora Scarbrough had in Order to deter the said James Briggs from assigning his lease to the said Mary Gale obliged him to give his Bond in the penalty of one Thousand Pounds that the Covenants in his said Lease should be fully and faithfully performed and fulfilled and had (after the said Mary had assigned her Term yet to come in the said Land to Julius Cæsar Parke) accepted the said Julius Cæsar for his Tenant in and of the said Lands by receiving of him part of the rents due for the same as may appear by the said McRoras receipt to the said Julius Cæsar Parke for the same ready to be Produced by the said Julius Cæsar Parke your other Petr the said McRora taking advantage of the absence of your Petr Julius Cæsar, came on the said Lands with one Thomas Hunter the other of His Majesty's Assistant Judges of the General Court and also High Sheriff of the County of Pasquotank, and seized Three Slaves belonging
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to your Petitioner Mary Gale (the said Mary not being there present) and carryed them away tho' the said Mary before they had carryed the said Slaves out of said Plantation sent and informed them that the said Julius Cæsar Parke had measured out a Parcell of Corn and laid it by in reserve to pay the Rent due for the said Land and had directed her to Tender the same in payment if the said McRora should in his absence call for the Rent and desired the said Scarbrough would come and receive the same and discharge the Negroes the rent being payable in the produce of the Plantation which he absolutely refused to do but carry'd away your Petrs Negroes, on which your Petr Mary Gale followed them the said McRora and Thomas Hunter to the House of the said Hunter and applyed to him as Assistant Judge of the General Court (the Chief Justice being at Cape Fear) for a Writ of Replevin to Replevy the said Negroes and tendered undeniable Security for producing thereof but the said Hunter refused to Grant it, saying he was a party in the cause, and immediately thereon (as the said Mary believes to terrify her from seeking to Recover her Negroes) took her [in] Custody on a Ne exeat Provinciam and Committed the said Mary to the Common Goal 'till she should give security in the sum of Three Thousand Pounds not to depart the Province tho' the said Mary had never given out or designed to leave the same, And the said McRora Scarbrough and Colo Thomas Hunter as your Petrs were Informed and verily believes returned to the said Leased Farm very late in the night of the same day to seize or carry off other of the Negroe Slaves belonging either to your Petr Julius Cæsar Parke or to your Petr Mary Gale but were prevented (as your Petr were Informed and believes) by the overseer and Slaves hiding themselves, and the said Mary having suffered great hardships in her confinement, and being under great Difficulties no Person careing to be her Security in so large a Sum as was required to be given by the Writ aforesaid fearing (as she verily believes) to be concerned any way in her behalf against her Powerful Adversaries Your Petr Mary Gale got away from Samuel Heigh Deputy Sheriff to the said Colo Thomas Hunter in Order to get up to Edenton to apply to your Excellency for Redress and to her Friends to get Security and the said Thomas Hunter as she heard by General Report and believes, further to intimidate such Persons as might Probably (offer to be her Security) endeavoured to Raise the Corpus Comitatus against your Petr as a Person that stood out in Contempt of Authority and the Laws, but your Petr having got to Edenton and prevailed with Abraham Blackhall and William Luton Esqrs obtained her Liberty and Procured a Writ of Replevin Signed by John Montgomery Esqr His Majesties Chief Justice of this Province directed to the said
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Thomas Hunter Sheriff of the County of Pasquotank to Replevy the said Negroes but the said Sheriff hath not yet returned the said Negroes to your Petr nor made (as she is Informed) any return of the said Writ, but your Petr is informed the said Colo Thomas Hunter together with the said McRora Scarbrough before her procuring the said Writ got some mean and poor persons to appraise the said Negroes at a small sum of Money very much short of their true worth and that the said McRora Scarbrough Claims the Right and Property of the said Negroes, and kept them in his Possession by Virtue of that appraisement for the Rent supposed to be due

Wherefore your Petrs humbly Prays That Your Excellency and Honors will take the Premises into consideration and afford your Petrs such Relief as to your Great Wisdom shall seem meet: And in the meantime Dissolve the Writ of Ne Exeat aforesaid in behalf of your Petr Mary Gale in as much as she hath no manner of concern with the Term yet to come in the said Lands, And on the part of your other Petr Julius Cæsar Parke in as much as he is a Person of Interest having a Settled Freehold in the said Province, many Large Debts and other Personal Estate in the same, it is highly absurd that he would carry out of the Country the Slaves from the said Farm or Plantation, such an Act being Felony by the Laws of the Province and the said McRora Scarbrough having already taken sufficient Security from the said Briggs as before mentioned that the Covenants in the said Lease shall be truly performed and fulfilled, and hath not made Oath that the said Julius Cæsar Parke was indebted to him And Your Petrs as in Duty bound shall ever pray &c


Ordered That the said Scarbrough and Hunter be Summoned to appear and answer the said Petition on Wednesday next.

Read the Petition of William Martin which is Delayed 'till the return of John Jordan's Survey is filed in the Office.