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Full text of "The Colonial Records of North Carolina"

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THE 



COLONIAL RECORDS 



OF 



NORTH CAROLINA 



PUBLISHED UNDKR THE SUrEB-yiSlON OF THE TRUS- 

TEF:S of THE PUBLIC LIBRARIES, BY ORDER 

OF THE GENERAL ASSEMBLY 



COLLECTED ANU EDITED 

BT 

WILLIAM L. SAUNDERS 

SKCRKTARY OF STATE 



VOL III-172S TO 1734 



RALEIGH 
P. M. HALE, PRINTER TO THE STATE 

1886 






Copyrijfht, 1886, by wiAiam L/S/umiEiw, SecreUr> of 8UU', 
for the benetit of the State of North Cmrolloa. 



PEMBBR OF r. M. T'ZZELL, 
RALEIGH, V. C. 



PREFATORY NOTES TO THIRD VOLUME. 



The third volume covers the period from the surrender of the Ijords 
Proprietors to the end of Burrington's administration as Royal Governor, 
almost six years in duration. 

For more than two years of this period Sir Richard Everard was 
(lovernor, being allowed by the Crown to hold over until his successor 
under the new r^inie was ready to enter upon the discharge of his duties. 
During this time the Legislature met only once, in Noveml)er, 1729, and 
enacted a number of laws, the originals of which, with all the endorse- 
ments thereon, are now preserved in the office of the Secretary of State 
in Raleigh. The validity of these laws being calle<l in question, as it was 
recited in the enacting clauses that they were passeil by authority of the 
Fiords Proprietors, the matter was referred to the Attorney-Cienend and 
Solicitor-General of the Crown, and they declared them to be null and 
void. In spite of this, however, they were regularly brought forward a*? 
valid in all of our Revisals. 



On the 2oth Fel>ruary, 1731, Burrington, who had just arrived in the 
colony, took the oaths of office as (iovernor l)efore the Council, assembled 
in Edentou, and his administration terminated on the 12th November, 
1734, when in the same town he receive<l a proclamation announcing that 
his successor, Gabriel Johnston, had arrived at Cai)e Fejir and qualified 
according to law. His first liCgislature met on 13th April, 1731, the 
second on 3d July, 1733, and the third and last on the oth November, 
1734. 

Historians have fallen into grave errors in regard to Governor Bur- 
rington. The minutes of the last meeting of the Council held before 
Governor Johnston's arrival, so far as now appears, record the fact that 
on the 15th April, 1734, Nathaniel Rice being the oldest (.Councillor, took 
upon him the administration of the government in consefpience of the 



IV PREFATORY NOTES. 



departure of Governor Burrington from the province, and upon this testi- 
monv alone it would seem the historians have assumed that he left America 
as well and returned to England. They go on to state, also, but upon 
what evidence is not known, that he ended his life in a drunken brawl in 
the Bird-cage walk in St. James's Park in Ix)ndon, and the impression is 
created that his disgraceful death occurred soon after his return to Ix)n- 
don. The statement is certainly untrue in several material points. For 
example, instead of leaving America, ho was in North Carotina and on 
dutv as (lovernor on 1st June, 17»i4, and from that date until 12th No- 
vember following, when he and the I^egislature then in session received 
notice of Governor Johnston's arrival. Precisely when he returned to 
England does not api)ear, but from an entry in the Journal of the Board 
of Trade, it appears he was there on the 10th June, 1735. Other entries 
and letters show that he was in frequent communication with the Board 
from that time until December, 1736, after which date no reference is 
made to him by the Boanl. 

Reliable evidence concerning him, however, is to be found in a manu- 
script volume of reconls in the office of the Secretary of State at Raleigh, 
in the shape of a copy of his last will and testament and of the probate, 
from which it ap|)ears that the will was made <m the 8th December, 1750, 
and that administration with the will annexeil was granted on 23d March, 
1759. As the record states that the sole executor named in the will dieil 
before the testator, and does not state that the administration was de bonin 
non, the inference is that Burrington on the 23d March, 1759, had been 
dead but a short while. If, therefore, his statement made in 1732, that he 
hald " served the Crown in every reign since tlie alxlication of King James " 
was true, he must have l)een a very ol<l man at the time of his death, 
somewhere near eighty years old, a fact that does not seem consistent 
either with a drunken life or a violent death in even an oc»isional mid- 
night orgy away from home. 



Bnrrington's administration as Royal (iovernor was a stormy one in 
spite of the bright auspices under which it Ix^gan. \Velcome<l with oiK*n 
arms and the greatest demonstrations of joy on his arrival, ninety days 



PREFATORY NOTES. 



had not elaps^eJ befoi'e he was iu open cxjllision, not only with the I^ower 
House of Assembly, representing the people, but with the Chief-Justice, 
the Attorney-General, the Judge of the Court of Admiralty, the Secre- 
tary of the Province and the members of the Council or Upper Honw*, 
all of whom were appointees and representatives of the Crown. 

The Chief-Justice he declared to be an ungrateful, perfidious scoundrel 
and an egregious sot, whose father was a smuggler and whose mother was 
a woman of a poor, mean family ; the Attorney-General, he said, did not 
know law enough to be clerk to a Justice of the Peace, and was besides 
a man of innumerable villanies; the Secretary of the Province made it 
his whole business to create mischief, and attended neither the Council 
nor his office, and finally sought to murder him; the Judge of the Court 
of Admiralty was an infamous character: another member of the Conn- 
cil was an ungrateful villain, and still another was a disgrace to it. Nor 
was he less sparing in liiH denunciation of the Lower House of Assembly. 

In some of his many quarrels the issues involved wci*e of a purely per- 
sonal character, in others they grew out of differences of opinion as to 
matters of public policy, but whatever the cause every difference with 
him resulted in a quarrel. He couhl tolerate no opinion that was not in 
acconl with his own and deemed every one a |)ersonal enemy, if not a 
villain, who differed with him. 

The result of it all was that the Assembly would, as he wrote to the 
Bfjard of Trade, " never pass one of the acts retjuired or recommende<l in 
the King's Instruction nor of his proposing." 

The mode of disposing of vacant lands, the powers of the Associate 
Justices of the Supreme (^ourt, the regulation of fees of public officers, 
the provisions proper to a bill for a rent-roll for the Crown, the right to 
appoint clerks to the Assembly, to appoint the Public Treasurer, to create 
new precincts or counties with right of representation in the Lower House 
of Assembly, and to fix the rate of exchange, were all causes of serious <lif- 
ference and quarrel at one time or another within two years after his 
administration began. The right to crciite new precincts or counties he 
strenuously insisted belonged solely to him and the Council. The I^ower 
House, on the contrary, quite as strenuously refuseil to admit members 



VI . PREFATORY .NOTES. 



claimiDg to represent precincts thus formed until they had also received 
legislative sanction. To admit the right of the Governor and Council 
thus to introduce new members at will into the Lower House, would be, 
it was said, to put the whole government into the hands of the Grovernor 
and Council and to strip the people of all authority and control. 

In the matter of the rent-roll there were two points especially that 
never failed to provoke trouble: 1. How the rents were to be paid: 
whether in certain productions of the country, and if so, at what price 
should they l)e rated, or in specie or currency, and if in currency, at 
what rate of exchange. 2. Where the rents were to be paid : whether 
on the land or at places to be named by the agent of the Crown. The 
Governor insisted that these points should be settled in favor of the 
Crown, while the Assembly insisted upon its right to settle them as might 
be most conducive to the interests and convenience of the people. In 
the matter of public officers' fees, also, there was a wide difference of 
opinion, each side insisting u[>on its right to fix the currency in which 
they should Ik' psiid and the nite of exchangt?, or value, at which it should 
be taken. 



Burrington was removecl from office by the Ijords Pniprietors, and 
u[K)n the intimation that he would be sent back to the province by the 
Crown, a ixiiKjr was prt^sented to the Boanl of Tmde entitled "The case 
of (he inhabitants of North Carolina in res|)ect to Mr. George Burring- 
ton's being reapj)ointeil their Governor," in whi(ih a most earnest protest 
was made against his appointment, based mainly uiM)n the affidavits sup- 
porting a petition for his removal as Proprietary Governor. These affi- 
davits, if true, show him to have been violent and lawless, both in speech 
and action, and given to excessive drink. The protest goes on to say, also, 
that he had l)een heard to declare that if ever he got to North Carolina 
as Governor again he would be the destruction of all those who aided in 
his removal. This paper, it would seem, was prepared in London. 

On the other hand, after his removal by the Proprietors, the Lower 
House of the General Assembly, John Baptista Ashe being Speaker, 
made a formal address to the I^rds Proprietors asking for his restora- 



PREFATORY NOTES. vii 



tion to the w)l<>it5' as its Governor, and <l(K!larinf]j him to have [yeen always 
zealous for its welfare; on his return, too, to the colony as Royal Gov- 
ernor, the first grand jury that met for the whole province drew up a 
formal address to the CVown in which they lauded in the highest terms 
Burringtou's mildness, his humanity and his tenderness to all sorts of 
people, and his great impartiality in the adnlinistration of justice, and his 
generous example in forgetting private differences. The first Legislature, 
too, that met after his return to the colony presented an address to the 
Crown declaring that as Proprietary Governor he had rendereil hi itself 
very agreeable to the people by the great care he then shewed in his due 
administration of justice and in promoting the welfare of the province, 
and that his indefatigable industry and the hardships he underwent in 
carrying on the settlement at Cape Fear deserved their thankful remem- 
brance. This address was signed by Edward Moseley as Speaker. And 
yet, in less than two weeks this kind-hearted, generous, mi Id -tempered 
Governor was denouncing the Legislature in the strongest terms, com- 
paring its members to thieves, and all because the Lower House of As- 
sembly had passed and sent him the following resolutions: 

" Whereas, By the Royal Charter gninted by King Charles the Second 
to the Lords Proprietors of Carolina it is granted that the Inhabitants of 
this Province shall have, possess and enjoy all Lilxirtys, Franchises and 
Privileges as are held, possest and enjoyed in the Kingdom of England. 
And Whereas it is the undoubteil Right and Privilege of the People of 
England that they shall not be taxed or made lyable to pay any sum or 
sums of Money or Fees other than such as are by law established. Not- 
withstanding which it appears by complaint made in most parts of thi-< 
Province that the OfBcei's in General do demand take and receive from 
the Inhabitants and Masters of Vessells trading to this Province four 
tiuHts more than the Fec^s ap|M)int(Ml by the Laws of this Provin<v to the 
great Discouragement of the Trade of this Province and the 0|)pressiou 
of the People 

" Resolved, That this House do wait on the Governor with this com- 
plaint and that the Council be desired to joyn with this House in request- 
iog His Excellency tu issue a Prcxslamatiou declaring such practices to be 



viii PREFATORY NOTES. 



(X)ntrarv to I^aw and an (Oppression of tin* snbjwts and strictly forbid- 
<linjr all officers to take larger Fees than is by litiw apix)inted under pre- 
teucQ of difference of nionev until I such time as the officers' Fees shall 
\ye regulated by authority of Assembly, this House now having the same 
under consideration pursuant to His Majesty's Instructions." 

Not content with abuse of its members, Burrington prorogued the leg- 
islature from time to time, and finally dissolved it, so that there was not 
another session for more than two years. 

But the plan of governing without a Ijegislature by no means softened 
the temper of either Governor or Ijegislature, for in the next Legislature 
that met the committee appointed to draw up a reply to the Grovernor's 
8j)eech at the opening declared the country to be laboring under oppression 
and perversion of justice, and sjiecified as instances thereof that the Gov- 
ernor made himself the arbiter in his own quarrels, that he used for(?e to 
gain possession of goods he claimed from one |)erson, that he burnt the 
house of another to gain possession of land he wanted; that when at- 
tempts were made by due course of law to recrover satisfaction therefor from 
him, the Chief-Justice and his assistants gave judgment that the psirty 
injured by the Governor had no relief in their court, and, at the Governor's 
instigation, sought to prevent him from seeking relief elsewhere by impris- 
onment, excessive bail and refusing to read his petition wherein his griev- 
ances were shown ; that |)ersons uj>on the least displeasure were called two 
hundred miles awav to answer to trifles ; that fees were unaccouutablv mul- 
tiplied in all erases; that people were turned out of their lands by those who 
had no right to them; that none were |)ermitted to take up lands, though 
they were ready to comply with the Royal Instructions, unless they paid 
the Governor 2s. 6d. silver nionev for every fiftv a<nes, a demand warranted 
neither by the laws of the province nor the Royal Instructions ; that five 
jMMiple were taken up by magistrates and placnnl in a state of servitude littl(» 
inferior to bondage?; that, in short, all the laws of the province were in a 
manner disregarded!, all the courts of justice in a manner stopped, and that 
iujustia?, oppression and arbitrary rule almost ovehran the whole province. 

His reply, prompt and decided, came in the sha|)e of a j^eremptory 
summons to the Assembly to attend him at oncv in the Council Chaml)er, 



PREFATORY NOTES. ix 



where he straightway dissolved them, telliug them that they had artfully 
and falsely represented his administration as grievous and oppressive; 
that certain people had "sought to pursue their own Malice and Envy 
under the Umbrage of an Assembly"; that Burgessing had been for 
some years a source of lies and occasion of disturbances; that although 
he had oflFered to appoint d day for hearing charges against the Chief- 
Justice, the Lower House of Assembly on a sudden heat, the day before, 
had insolently presumed, by their Sergeant, to take him into custody for 
a pretended contempt; that they had also taken into custody the Receiver 
of the Powder Money for Roanoke Port, who had his orders not to make 
up any account save before the Governor in Council; that they had 
refused to obey the King\s instructions concerning the payment of Quit 
Rents, and had denied they were due in any money save that of their 
own making; that they had offered but three bills, one so inconsiderable 
as not to be worth mentioning, and another that he had recommended to 
them, so closed with clauses that they knew he could not assent to it; 
that when he proposed to them to relieve British vessels from paying 
jwwder money duty, they passed a bill exempting all vessels, and finally 
that thev had refused to admit several members — the members from the 
*o-called new precincts — legally ciiosen and returnee! by the proper officers, 
thus denying the undoubtinl right of the King never before contested. 

The next FiCgislature met on 6th Xovember, 1784, but before he had 
time to raisf? an issue with it his administration came to an end. 

But whatever may have lieen the opinion of others, in his own opinion, 
Burrington was a man who deserved exceedingly well, both of the colony 
and the Crown. He said he had *^ served the Crown in every reign since 
the AUlication of King James and always was allowed to behave as a 
man of Honour"; and that when he first c-anie to the colony he found 
the inhabitants few and poor — in fact, that North Carolina was little 
known or mentioned l)efore he was Governor for the Proprietors; that 
he t(M>k all metheuls to induce people to ix)me from other countries to 
settle there and put himself to very great charges in making new settle- 
ments in several parts of the government, in which he succeeded accord- 
ing to his ex[X3ctation ; that the Cape Fear settlement cost him a great 



PREFATORY NOTES. 



sura of money and infiDite trouble, that during his first winter there he 
endured all the hardships that could happen to a man destitute of a house 
to live in, a hundred miles from a neighbor, in a pathless eountr}', and 
obliged to have all provisions brought by sea at great charges to support 
the men there in his [>ay; that he took soundings in the inlets, bars and 
rivers in the province four different times; that he discovered and made 
known the channels of Cape Fear River and Beaufort or Topsail Inlet, 
before unused and unknown ; that in his many journeyings by land and by 
water he often ran the hazard of drowning and starving, and never 
received any reward therefor save the thanks t)f two Assemblies in the 
province, not even his salary for the time lie wa** Governor. The charac- 
ter and value of his personal efforts for the development of the country, 
however, do not depend upon his own testimony alone, for they were 
formally acknowledged by the Assembly and by private individuals as 
well. In an address to Governor Johnston, certain inhabitants of Bertie 
and fxlgecombe precincts declared that no living man could have taken 
more pains and endured more fatigue than Burrington did to ac(|uaint 
himself with the province in general, as his many journeys on foot in the 
backwoods would prove, sometimes accx>inpanied by one man only, pinched 
with hunger, even in danger of perishing, having but one biscuit to live, 
on for three days, sometimes nejirlv nakeil, two hundred miles from the 
place he set out from, often carrying with him considerable sums <»f 
money and dis|>osing of it to poor people to encourage them and enable 
them to settle the backwotKls. 

On his return to England, lie petitioiie<l the King for the payment of 
the arrears of his stihiry and for n^-imbiirsenuMit for his ex|ienditun»s, in 
having surveys and drafts made of the p(»rts and harbors, which surveys 
and drafts were made under instructions from the King and sent to the 
Board of Tnule. Had he stopped there he might possibly have gotten 
his m<»ney, but the temptation to g<*t another flin^ at his enomies was 
more than he could resist and he repeateil the old, oft-told story of his 
grievances and disked that the <N)nduct of his adversiiries be examineil into 
in onler to his restomtion to Royal favor. Taking advantage of this, the 
Kiug, at the suggestion and upon the advice of his Privy Council, dis- 



PREFATORY NOTES. xi 



missed the petition as being very irregular and of such a nature as could 
not properly receive any determination in the Privy Council. 

If what he says of himself be true, Burrington was indeed an exceed- 
ingly ill-used man, for, among other things, according to his statement, the 
Chief- Justice, the Attorney-General and the Secretary of the province, 
attempted to assassinate him by shooting him with a pistol, and his life 
was only saved by the interposition of some courageous men who came to 
his assistance. The conspiracy to murder him was, he believed, set on 
foot in England, because authentic accounts of the assault upon him sent 
to the Board of Trade were not treated with any consideration. Indict- 
ments being found against his would-be murderers, they fled by night and 
hid themselves in Virginia, where they remained until Governor John- 
ston landed in North Carolina. On their return. Governor Johnston 
immediately distinguished the assassins with his favor, every one of them 
being placed in some employment. 

On the other hand, as has been said, if a tithe of what his enemies said 
about Burrington be true, the wonder is that he got away from the colony 
alive, and not that an attempt was made to kill him. 

What, then, in view of all the facts, is the real character of Burring- 
ton? The seemingly respectful consideration given to him and to hiS 
opinions by the Board of Trade after his return to England, is by no 
means consistent with the theory that he was a mere drunken brawler whom 
they had just displaced for grave malfeasance in office. His official 
papers, too, relating to the province, those at least unconnected with his 
quarrels, are well written and show an intimate knowledge of the coun- 
try and the measures best adapted to promote its development. Consid- 
ered alone, indeed, they would present him as an active, intelligent, 
progressive ruler. But they cannot be considered alone, and he stands 
out, therefore, as a man of ability, but utterly disqualified by grievous 
faults for the position he occ'upied. And yet he was a wiser ruler than 
his predecessor, Everard, and possessed no more faults; he was, too, to 
say the least, as wise as his successor, Gabriel Johnston, and no more 
arbitrary. Certain it is, too, that the province under his administration 
continued to flourish and greatly prosi)er, both in wealth and population. 



xn PREFATORY NOTES. 



It may be that Burrington was hampered by his instructions from the 
Crown, and that no Grovernor eoiild have carried them out and kept the 
peace with a people who, as he said, were subtle and crafty to admiration, 
who could be neither outwitted nor cajoled, who always behaved inso- 
lently to their Governors, who maintained that their money could not 
be taken from them save by appropriations made by their own House of 
Assembly, a body that had always usurped more power than they ought 
to be allowed; with a people, in a word, who well knew their rights and 
dared to assert them to the full. This was, in substance, evidently the 
opinion of the sagacious, as well as humorous, Colonel Byrd, of Virginia, 
for on the 20th July, 1731, he wrote to Governor Burrington, saying: 
"I think, by some samples T have known of that country [North Caro- 
lina], it would cost a pretty deal of trouble to bring it into ortler, and 
a less spirit than yours will never 1x5 able to effect it. People accus- 
tomed to live without law or gosple will with great Reluctance Submit 
to either * * * * Xn the meantime I wish you all the success in 
the world in bringing the chaos into form and reducing that Anarchy 
into a regular Government. In so doing you will deser\'e to have your 
statue erected or, which perhaps is better, to have your salary doubled." 
But the event proved that not even Burrington's "spirit" was eijual to 
the task of reducing North Carolina to what he and Byrd considered good 
order and regular government, and that unhappy Burrington got neither 
statue nor double salary — indeed, no salary at all. 

The task was, perhaps, an imi)ossible one, and in passing judgment 
upon those to whom its execution was entrusted we ought, at least, to bear 
in mind the diflRculties in the way of its accomplishment. 



The transfer of the province from the Lords Proprietoi-s to the Crown 
brought about little or no change in the practical machinery of the gov- 
ernment and no change whatever iu the rights of the people, for thase 
rights deiKinded, not upon the will of the Proprietors nor upon that of 
the Crown, but upon the well-known charters of King Charles the Second. 
But the administration of Burrington as the first Koyal Governor marks 
so plainly a new departure in the history of the proyince, that a brief 



PREFATORY NOTES. xra 



view of its condition at that time may lie not without interest or use as 
a guide in making up an opinion as to the subsequent progress of the 
province. 

The province was dividetl into counties, precincts and parishes, with a 
population of not less than 40,000 black and white, lying to the eastward 
of a line between the towns of VVeldou and Fayetteville of the present 
day. The counties were two in number, divided into thirteen precincts, 
as follows: 

1. Albemarle county, into six precincts, viz.: Chowan, Perquimans, 
Currituck, Pasquotank, Bertie and Edgec»ombe. 

2. Bath county, divided into seven precincts, viz. : Beaufort, Bladen, 
Carteret, Craven, Hyde,* New Hanover and Onslow. 

Each precinct was a parish also, with a vestry and church- wardens 
clothed with jwwer to raise money by poll-tax not exceeding five shillings 
in currency on a tithable to maintain the poor and pay preachers. 

In the Executive department of the government there were a Gov- 
ernor, Council, Secretary of the Province, Re<^iver-Genenil for the col- 
lection of rents due the Crown, a Surveyor-General and an Attorney- 
General. The power to prorogue and dissolve I legislatures and to veto 
their acts strengthened the hands of the Executive l)eyond measure 
almost. 

In the Judicial department were the Supreme Court for the province, 
called the General Court, consisting of a Chief-Justice and Associate 
Justices, and Precinct Courts that met quarterly, one for each precinct, 
consisting of Justices of the Peace appointed for the purpose by the Gov- 
ernor and Council, with power to try all personal actions under fifty 
{M)unds, to act as Orphans* Courts, appoint guardians, take securities, &c. 
In the General Court were combined the powers of the King's Bench, 
Common Pleas and Exchequer in England. The Chief-Justice and Asso- 
ciate Justices, together with the principal officers of the provinire, sat also 
as a Court of Over and Terminer and Gaol deliverv. Chancerv juris- 
diction was vested in the Governor and Council. A list (»f jurors for each 
precinct was made up by the Assembly and the names put in a box, to be 
drawn at the ending of each court, by a child, for the next «)urt. The 



XIV PREFATORY NOTES. 



duties since j>erfbrmed by >lierifi!s were then performed by a marshal and 
his deputiess. There were magistrates, also, appointed by the Governor. 

The lA^gislatiire consisttnl of an Upper House, composed of the members 
of the Council, and a Lower House, composed of representatives from the 
precincts, and one each from the towns of Bath, Edenttm and New Bern, 
the precincts in Albemarle sending five representatives each and those in 
Bath sending two each. The only tax im}H)sed by the Ixjgislature was one 
of five shillings in currency on each tithable, and a duty of 3s. 4d. per 
ton on vessels for powder money, as it was called, intended but not always 
used for pilotage and buoying out the inlets and channels. This duty 
was first payable in powder, shot and flints, and its pur]>ose was to sup- 
ply the demand for ammunition then so greatly needeil in the conflicts 
with the Indians. All males not slaves, over sixteen years of age, and 
all slaves, whether male or female, over sixteen years of age, were tith- 
ables. There was no fixed time for the electi(m of members of the I-<eg- 
islature then as now, but they were elected at such time as pleased the 
Governor and held office at his wmII, for even after they met and organ- 
ized he could prorogue them at will from time to time, or might dissolve 
them and order a new election, if to him it seemed good. It would seem, 
too, that a minority had not even the power to adjourn from day to day, a 
prorogation by the Governor biding the expedient resorted to when a 
minority only was present and wishetl to adjourn. 

The currency of the province outstanding during Burrington's sec^ond 
administration was estimated to be 4:4(),0CH), issued under an act of Assem- 
bly passed in 1729. £10,(KK) were set a|)art to be exhausted for old bills 
then current and the other £30,0(K> were distributed to the several pre- 
cinct treasurers, to be let out on loan on land security, such a part of the 
princi|>al with interest to he repaid annually as would sink the whole in 
fifteen years. There were treasurers for the province also, elected, like 
those for the precincts, by the legislature. 

Tliere was a militia system also, that provided for the organiziition of 
the able-b<Klied men into com])anies and regiments. But there were 
neither arms, ammunition nor fortifications. 



PREFATORY NOTES. xv 



The laying out of new roads, building of new bridges, and the repair 
of old ones, were also provided for. 



The products of the country were tar, pitch, rosin, tobacco, indigo, rice, 
Indian corn, English wheats beans, peas, flax, cotton, &c. Hoi*ses, cattle, 
hogs and poultry were abundant, at least in the older settlements, being 
easily and cheaply raised. Sheep, too, were raised, though perhaps not 
in such great numbers. It was estimated that 50,000 fat hogs were 
driven to Virginia every year, and 10,000 fat beef cattle. Pork and 
beef in barrels were also shipped to Virginia and elsewhere in large 
quantities by water. But abundant as were the products of the province 
then, as for many years afterward, they were all needed, the surplus at 
least, for the purchase of negroes and "British commodities." 

Saw-mills also were being put up for carrying on a trade in boards and 
sawed timber. 



The trade of the province was confined to New England aud Virginia. 
West India goods, sugar, molasses, rum, salt, &c., came from New Eng- 
land in small sloops of less than fifty tons, that went about from river to 
river, and for return cargoes carrieil back such things as could not be con- 
veniently transported to Virginia — that is to say, the great bulk of the 
produce. Great complaint was made of this traffic, especially that good 
wheat was carried away and bad flour brought back. New England rum, 
too, was by no means as palatable, and perhaps not as wholcvsome, as that 
of Jamaica. ** British commodities,*' as they were called, were brought 
from V^irginia by land or in canoes in small (juantities at unreasonable 
rates, but the bulk of the cloth used in the country, whether cotton, linen 
or woollen, was made at home, each plantation, or at least each neigh- 
borhood, supplying its own needs from its own products and its own 
labor, the housewives of the country l)eing very [)rofi('ient in such mat- 
ters. The staple article of this domestic manufacture was, doubtless, the 
cloth known as "homespun," a mixture of cotton and wool. "British 
commtxiities" were so called because they were goods permitted by the 
British Navigation Laws to be carried into the ct)lonies only in British 



I 



i) 



XVI PREFATORY NOTES. 



vessels and from British ports, and iocluded all articles "of y* growth, 
production, or manufacture of Europe, except salt for y* fishery of New 
England and Newfoundland, wines of the growth of Maderas or Western 
Islands or Azores, servants and horses from Scotland and Ireland." A 
British vessel, in the meaning of the statute, was one built or owned in 
Kngland, Ireland t)r one of the colonies, and owned wholly by the people 
thereof and navigate<l with the master and three-fourths of the mariners 
of the said places. Smuggling was an inevitable consequence of such 
legislation, and all along the Atlantic coast it was carried on whenever 
opportunity offered for doing so without too great risk of det(x»tion, and 
carried on, too, doubth'^s, without any f(»eling that it involved a violation 
of moral obligation, and looking with mmlern eyes upon the British 
Navigation Laws of early colonial days, it would l>e strict judgment to 
hold that an evasion of them bv the colonists did involve t!ie violation 
of any moral obligation. 

The collection districts were five in numl)er, and nominally, at least, 
covereil the entii^e coast line of the colony, viz: Currituck, without any 
fix*Hl place for a port of entry, Roanoke with Edenton for a port, Bath 
on the Pamlico, Beaufort at Topsail Inlet, and Brunswick on the Cape 
Fear. The towns of Bath and Edenton l>eing far from the sea and th(» 
Currituck district having no fixed port, and there iK'ing many islands and 
rivers l)etween them and the inlets, abundant opfMjrtunity wa.> given to 
masters of vessels to unload gixnls before they siuv the c(»lle<*tors ami to 
take in pnxluw after they were cleared. Of iMiurse ma'^ters of vessels 
did not fail to take advantage «)!' the facilities for smuggling offered by 
the North Carolina coast and sounds, and great (juantities of North Caro- 
lina tobacci* wen' exjK^rted by the New England skip|>ers without paying 
duty. Virginia tobac(.»o was also sent to North Carolina and disj>osed of 
in the same way. The following is given as an instance of the way in 
wliifh smugirling was c^arried on: In \7l]4 a ship loaded with FreiH'h 
wint»s, brandy, tea, woollen and other prohibitcHl commodities, <'anH» in at 
Ocacock, and in the harlH>ur there transferred the <'argo to vessels l)elong- 
iiig to the country, in which they were carried through Pamplico ami 
Albemarle Sounds into Virginia and there delivered to merchants of that 



PREFATORY NOTES. xvii 



colony. Great search was made for the goods, but iu vain. The New 
England skippers were the chief smugglers, but Virginia and North 
Carolina were beneficiaries and participants also in tlie traffic. 

Virginia does not seem to have been a very favorite market with 
North Carolina traders. Great complaint was made of the inspection 
law there, under which much of the tobacco was burned as unmerchanta- 
ble, and of undue advantage taken by the Virginia purchasers of the 
Carolina drovers in the matter of charges for butchering. Of course, 
too, complaint was made of the prices demanded for the wares the Vir- 
ginia traders had for sale. 

There seems to be little doubt that the planters of North Carolina, and 
plaQtiug was almost the only occupation there, were at a great disadvantage, 
not only in selling, but in buying as well, even to the loss of half their 
goods, it was said. Governor Burrington was strongly of this opinion, and 
constantly urged upon the government at home that the only way to put the 
trade of the province on a right footing was to settle a custom-house at 
Ocacock Island^ at the south end of which he sftid there was sufficient water 
for any merchantman to come in and a secure harbour. On the island 
was a hill, on which a small fort would command the bar, channel and 
harbour, and if a custom-house were settled there a town would sooin grow 
up and serve as a depot and distributing point for a large direct trade, 
the goods to be sent from there to the interior in small vessels to all places 
not depending on the Cape Fear River for their trade, and, in a word, be 
the port for the Collection Districts of Roanoke, Currituck and Bath 
Town, create a direct trade with England, put an end to the peddling car- 
ried on by the Virginians and New Englanders and bring in ships-loads 
of negroes that, being much needed by the planters, could be sold well. 

Something did indeed need to be done, for English goods that had been 
bought for 6d. would buy a bushel of wheat and a bushel and a half of 
corn, and similar goods that had been bought for 18d. would buy a barrel 
of tar. 



The Indians were much reduced in numbers and lived within the Eng- 
lish settlements on reservations specially set apart for them and secure 



XVIII PREFATORY xNOTES. 



from the attacks of foreign Indians. There were six tribes of them, to- 
wit : the Mattamuskeets, the Pottasketcs, the Chowans, the Tascaroras 
and the Meherrins. Of these not one nation exceeded twenty families, 
except the Tuscaroras, who numbered about two hundred fighting men. 
These Indians were generally peaceable and quiet, though there were occa- 
sional acts of hostility between them and the Catawba Indians in hunting 
on the upper parts of Cape Fear River, which the white people rather 
considered to their advantage, as hostilities with their own race tended to 
make the Indians keep the peace with the whites. 



Of course all roads in the northern counties, if not all in the colony, 
led to Virginia, the general point of convergence being on the Nanse- 
mond River, at or near where the town of Suffolk is situated. Going 
southward from Albemarle, the route was from Edeutou across the sound 
to Mackey's Point, some ten miles below Plymouth, a distance of about 
nine miles, thence to Bath, thence across the Pamplico River, and across 
the Neuse to New Bern, and thence to Wilmington. From Edeuton to 
Wilmington the distance, as the road ran, was near two' hundred miles, 
with three long ferries to cross. To compel northern members to go to 
Wilmington was a great hardship, as it was also to compel southern 
members to go to fxlenton. Hence the Assemblies came to meet at Bath, 
as a half-way house, and then at New Bern. Indeed, a strong effort was 
made to establish the permanent seat of government at Bath, not contem- 
plating, as it were, any extension of the settlement to the westward. But 
try as much as might be, it was found impossible to make a town at 
Bath, although it was the first chartered town in the colony. 



COLONIAL RECORDS. 



1728. 

[B. P. R. O. Proprieties. B. T. Vol. 12. No. 94. R.] 



LETTER FROM THE SURVEYOR OF NORTH CAROLINA 
TO THE BOARD TRANSMITTING SEVERAL 

PUBLICK PAPERS 

12 Dec 1728. 
Right Honoble 

The long contested effmr of the Boundary between the Province of 
Carolina and his Majestys Colony of Virginia having been settled and 
the Line Run and Finished in October last by Commissioners ap- 
pointed by either Governments pursuant to His Majestys Royall Instruc- 
tions. As Secretary of the Province of North Carolina I transmitted 
home to the Lords Proprietors the Journals of our Commissioners pro- 
ceedings whilst upon the Service with a plan of the Boundary as it was 
agreed to by all the Commissioners on both sides which I had no sooner 
done than we had the joy full news that their Ix^rdships had surrenderd 
thieir Province to His Majesty which was received here with the most 
universal Satisfaction and their Governor Sir Richard Everard by his 
Weakness and Indiscretion had Run us unto the utmast confusion and 
Disorder and Rendered the Administration Contemptable and Odious to 
allmost every Person in the Government; but as that will be Repre- 
sented to his Majesty by the Council of the Province I sliall not Presume 
to trouble your Ldps further than to acquaint you that I have (as I am 
told it is a Duty now to Do) sent to your Lordps Duplicates of the Jour- 
nals of of Commissioners proceedings and a Copy of the Plan which were 

♦ 

before sent to the Lords Proprietors that if necessary they may be laid 
before his Majesty. I am 

Right Honoble 

Your Lordships most Obedient 
very humble Servant 

JOHN LOVICK 



CX)LONTAL RECORDS. 



[B. P. R. O. Proprieties. B. T. Vol. 12. — Referred to in Preceding Letter.] 



To the Kings most Exoell* Majesty. 

The humble Address of the Members of Councill for the Province of 
North Carolina. 

Sacred Sir 

As it is with the greatest Pleasure we Receive the Notice of Your 
Majestys having taken this Government under Your Immediate direc- 
tion, Wee humbly begg leave in the Most Dutyfull manner to Address 
Your Majesty on this Happy and Joyfull occasion and thus early to 
assure You that we as well as the People in General are intirely Devoted 
to Your Royall Person and Most Illustrious Family Whom God Long 
Preserve. 

And being indulged to have this access to Your Majesty we begg Leave 
in the humblest manner to lay before You the state of this Unhappy 
Province which tho of small Acoompt in Respect of some others, Yet of 
late is very much Improved, And we have the pleasing Prospect from 
that Support of Authority and the Encouragement of our Trade and 
Commerce which we Promise ourselves now Your Majesty has taken us 
under Your Care that it will soon become a Flourishing Colony and 
Beneficial to the Crown. 

This Change could not have l)een at a more happy Juncture for us 
then under the Reign of a Prince Iwloved as the Common Father of all 
his Subjects and at a time when the Government here was grown so weak 
& Feeble that without this alteration it could not have subsisted much 
longer, but must have Dwindled and sunk into the utmost Confusion 
and Disorder, and we cannot attribute the Cause of it to any thing but 
the great Incapacity and Weakness of our present Governor Sir Richard 
Everard whose Behaviour is so extraordinary tliat every Day Produces 
some Extravagant action. Ai\.d it is with the greatest Sorrow we are 
obligal to tell Your Majesty that wc Feel Oppression and Arbitrary 
Power, notwithstanding we have so Mild, so Gracious and so Just a Sov- 
ereign ; but we assure Ourselves of Redress from Your Majesty's Known 
Clemency & Indulgence to all Your People; and that you will not suffer 
a Person to Preside over us, who has no other Notions of Government 
than as it gives him Power to Act as he Pleases, which bad Principles, 
producing as bad Actions, we must humbly Beseech Your Majesty to 
suffer us to Represent to You some few Instances of them. 

The first thing we shall begg to mention is his manner of Treating the 
Councill whom he frequently takes the Liberty to Abuse while sitting, 



COLONIAL RE(X)RDS. 3 



If he proposes anything let it be ever so unreasonable or Unwarrantable 
it must be done and if we with the utmost good manners tell him we 
cannot approve of it or shew him ever so clearly that it is not Lawfull 
for us to Comply with him, or the injuries that would follow if we suf- 
fered many things to pass that he would have done then we are sure of 
having the worst of Language with threats of what he will do with us 
and after that he geuerally Leaves the Board and the Business Let it be 
what it will unfinished, and if any of the Officers venture to tell him of 
this strange Behaviour, they are sure to meet with the same ill Treat- 
ment having Quarelled with every of them purely because they wont 
come into his unjustifyable Measures. 

He ventures to make for himself what Fees he thinks proper (tho there 
is a Table of Fees Rstablished by Law) and Notwithstanding the Assem- 
bly as well as the people in General having complained of his Exacting 
Exorbitant Fees, Yet he still continues in Defiance of Our Laws & De- 
clared not long since (in Open Court) that he did not regard the Laws 
of the Country at all. It is unexpressable the Daily Quarrels that hap- 
pen about his Family which seems to make of more weight then the 
most Important Affairs of Government, and if he fancies any one is not 
affected to him or his Family (which is a pack of rude Children who 
give offence every Day) they are sure upon the least occasion to be severely 
prosecuted as very lately happened to a Young Gent here who having 
disgusted one of the young ones the Governor took out an Action of 
Scandall against him and laid the Damage for Five Thousand Pounds 
Sterling, and gave Strict Orders to the Officer to put him into the Com- 
mon Goal unless Extraordinary good Security was found, and withall 
gave out menacing Speeches, That he would see who dare be the Grent's 
Bail which Frightened many but to PreventtheCommittingof so harsh 
a thing, the Secretary & Attorney General at last after they had in Vain 
Remonstrated the matter to the Governor ; became Bail for the Gent, 
and thereby drew the Governor's heaviest Resentment upon them ; Afl;er 
this the Governor would have this very business Examined in Councill, 
and after wee had Examined very narrowly into it, we found it only a 
very Idle Story of one of the Children and beggM the Governor to Drop 
it, but he held the poor Gent to Bail till our General Court sat and then 
had not one word to say to it; Beside this way of Oppressing People 
who are so unfortunate as to fall under any of his Family's displeasure, 
ho has found a New McUukI of setting up a Sort of Inquisition and 
when any one is noted down for an Offender the Governor Issues his 
Orders or Warrant for the Servants of the Person to attend at his own 
house, where they are Interrogated upon Oath before him and his Lady, 



CX)LONIAL RECORDS. 



(and if they Boggle at tbe Oath they are threatened with the Goal) and 
the Greneral Questions are what they have heard their Master or Mistre:^ 
at any time say of the Gr^vernor and his Family which tho it has hith- 
erto amounted only to Trifling talk, yet Prosecutions has been ordered 
from these examinations, and if such a Practice is not stop'd the Conse- 
quence may prove very fatall ; It being a sure way to Lead Servants 
into Perjury upon the least Disgust with their Masters and indeed it was 
so much dreaded that one of the Councill undertook to advise the Gov- 
ernor against such a Wonderfull Proceeding, as what would not only 
greatly Expose him but was against the usage of English Men, for which 
the Gent in Return was Assaulted by the Governor and reoed the most 
injurious I^anguage that could be uttered. At other times when he has 
puzleil himself w^itli these Family Disputes and Jarrs he sends his 
Coinands to the Chief Justice to Commit or bind over or whatever first 
comes into his head, and if the Chief Justice lets him know he cannot 
Lawfully obey him, then the Judge is immediately threatened with the 
Goal, & Suspension and is sure to haver the most opprobious I^anguage, 
and if it hap[)ens that any thing is brought into Court that concerns even 
tiie meanest of his Servants, he is sure to he. present, and if the Court 
will not act just in the manner he would have them, he immediately puts 
on a face, and lets them know he is Governor, and will protest against 
tlieir Pnx»edings and then Affronts and Abuses them upon the Bench, 
which exceedingly discourages the Court, and Spirite on others to do the 
like and Weakens their Authority and greatly Obstructs the Adminis- 
tring of Justice, as very lately there being a Miscreant prosecuted here 
for Cursing Your Sacred Majesty and Traduceing Your Grovemm*, upon 
whose Tryall the Governor suffered his Son (as Profligate a Creature as 
the Criminal) to be of Councill for him, when just as the Judge was 
going to pronounce Sentance against the offender and was telling him 
the heinousness of his Crime the Grovemor Riish'd into Court and 
Pretending he had Business of His Own, Interrupted the Judge and 
menaced the Court for not breaking off* tlie Business they were upon, to 
hear him ; this instance we should not have been so particular in, if we 
had not the most convincing reasons before to believe he had not that 
Duty and Affection for Your Majesty and Your Most August House, 
that all Good Snbject.s ought to have for he has had the Weakness as 
well as the Wickedness to Boast of his being concerned (tho not Pul>- 
lickly Known) in the Preston Rebellion, and it has been with some Dif- 
ficulty he has been prevented from signalizing the Tenth of June with 
us, and on the much Lamenteii News of the Death of Our most Gracious 



COLONIAL RE(X)RD8. 



Sovereign Your Royall Father of Glorious Memory he with the greatest 
Exultation said upon it with an Oath Then Adieu to the Hannover 
Family we have done with them. 

We have many things more to Offer, but dare not presume to take up 
more of Your Majesty's time only to Beseech You, Great Sir, to consider 
our Miserable State, and to Relieve us fVom a Governor so incapable of 
doing Right and so alU^ther undeserving Your Royall Favour and 
Countenance, 

J : LOVICK ROBERT WEST W™ REED 

THO- HARVEY R. SANDERSON J. WORLEY 

THO POLLOCK JN« PALIN . FFRAN: FFOSTER 

EDM^ GALE C. GALE 

Dated at the Secretary's office in N'* Cai-olina Dec^m' 12**» 1728. 



1729. 



[B. P. R. O. Proprieties. B. T. Vol. 13. R. 108.] 



A DECLARATION BY S' RICHARD EVERARD BART. 

J ANY &^ 1728-9. 

In Order to Convince mankind and in particnlar y* Inhabitants of 
this Province whereof I am Govern' y* all unhappy misnnd'standings & 
dissencons between me and the Meml)ers of Assembly and other Gent : 
of good note within this Government I do hereby in the most solemn 
manner Acknowledge to be owing to the Calumnies & false informacons 
given me by Chr: Gale John Loviek, and W" Little lisq" at my arri- 
val here & trusting too much to the Characters they gave me of Several 
Gent, here I find those Gent, the reverse "^sons of great Probity and 
much Sincerity This being the principal occasion of all former misunder- 
standings I beg as such it may be attributed and further if any Act of 
Govemm* since my Adm*** has in the least proved pernicious or detri- 
mental to the Welfare or Repose of this Province I do hereby declare to 
the World it has been owing to the Advice of Gale Loviek and Little 
the only enemies to the Repose and quiet of this People and as they have 



6 COLONIAL RECORDS. 



been so ever Since they have been in the Country their Advice, for the 

future shall never be r^arded by 

RICHARD EVERARD. 

Jan'y 6 1728-9. 

(Endorsed) 
North Carolina 
Copy of the Declaration of S' Ric^ Everard pres- 
ent Deputy Gov' of North Carolina Dated &^ Jan^^ 
1728-9 owning his having l)een imposed on by M' 
Lovick the Sec^. M' Gale Chief Justice and M' Lit- 
tle Attorney Gen* 

Reced from Cap* Burrington 



[B. P. R. O. North Carolina. Vol, 6. p. 279.] 



To the Kings Most Excellent Majestie 

The Humble Memorial of the Lords Proprietors of Carolina 
Sheweth 

That about twelve months agoe your Memorialists (after a treaty) 
Humbly proposed to Surrender to your Majestie all their right and inter- 
est in the said Province as Lords Prop*^ thereof for Twenty five thou- 
sand pounds 

That your Memorialists laid their several titles before Your Majesties 
Attorney and Soil' Greneral in July last and a Conveyance has been pre- 
pared with a covenant therein from your Memorialists that they should 
consent to An Act of Parliament and they have for some time been in 
daily expectation of having their Surrender accepted and purchase money 
paid But they are now to their great surprise tolPd this can't be done till 
an an Act is first obtained 

That some of your Memorialists have been detained In town to attend 
to attend this afiair much to their prejudice and the Inhabitants and 
State of the said province greatly suffers from the present unsetled condi- 
tion thereof 

These proceedings Your Memorialists humbly take leave to represent 
to your Majestie and that every days delay is not only an hardship to 
them but to all your Majesties Subjects in the said province 



COLONIAL RECORDS. 



Wherefore they humbly pray your Majestic will be pleased in such 
manner as in your Royal Wisdom you shall Judge most expedient cither 
to direct a a Surrender to be forthwith accepted from your Memorialists 
on payment of the Consideration mony or to give leave that your Memo- 
rialists may have the full & free exercise of all the powers granted by 
your Royal Predecessor King Charles the Second 

All which is most Humbly submitted to your Majesties Royal Wis- 
dom & Groodnes 



[B. P. R. O. America & W. Ind: No. 592.] 

19"» Jan' 1728-9 
Sir, 

To-morrow Morning I must wait upon your Honour, for an Answer 
to the Lords Prop" of Carolina's Mem* IVe been the means (under the 
Direction of my Lord Westmoreland) of bringing, in a great measure, 
the Contract to bear so far; and will do every thing, an honest man can 
do, to Mollify the Prop" But indeed they think themselves ill used. I 
was the first that set the Notion on foot for obstructing the Spanish Plate 
Fleet in the Gulf of Florida, and the Drafts I have are the only ones to 
be depended on I will bring them along with me to shew them y* Hon- 
our. I drew up the reasons justify the Prudence of the Ministers in 
purchasing the country as M' Henry Pelham and 14 more of the House 
of Commons know, a copy of w'** I will present your Honour with. I 
would willingly in this Affair unite Zeal for the Publick Interest and 
Fidelity to my Principaly. I am with the greatest respect. 

Sir, 

Your Honour's 
Mast Obedient and 
most faithful! humble 

Servant 

THO: LOWNDES. 



[B. P. R. O. Pbopbietibb. B. T. Vol. 12. R. 106.] 



May it please your Grace 

Whilst I have the honour of bearing the Office of Judge of Admiralty 
in this Province, I think it my Duty to make Information of all such 



COLONIAL RECORDS. 



things as are niauifestly prejudicial to His Majesty ; It is for this reason 
that I humbly offer these few lines, and to Inclose to yo' Grace the Copy 
of an Original Order signed by Sir Rich* Everartl our present Governor, 
to one M' John I^ovick acting as Sec^ under the late Proprietors of this 
Country, who has refused to Obey the same. Your Grace will compre- 
hend by the Contents of that Order what Management there has been 
here concerning Lands for many years past. 

If I mistake not there was a former Order from the Lords proprietors 
ever since the Year 1711, to forbid the Issuing out Warrants for Land 
in the Southern parts of this Government, unless the same was purchased 
at the rate of Twenty pounds Sterling for every Thousand Acres; Not- 
withstanding which, I have been informed the present Sec^ has Emitted 
a great number of such Warrants to the quantity of some hundred thou- 
sand Acres, & still continues to do the same, tho he well knows his 
Majesty has made a purchase of the Soil ; which may be some thousand 
pounds Damage to tlie Crown ; for if our Gracious King has purchased 
these proprietary Countrys, no doubt it is with the Advantages of all 
such former Orders as it then stood at the time of such purchase. 

One thing more I beg leave to acquaint your Grace with, this M' 
Lovick, Edward Moseley, Ch'ristoph' Gale & one Will" Little were lately 
appointed (at the expense of the Propriet") to run the Line, or Ccmfines, 
between this Govern m* & the Colony of Virginia, and for such service 
they have been carving out their own satisfaction in Lands, and at the 
same time, if I am not misinformed they are making application to his 
Maj*^ to be allowed in Cash for the same Service, in proportion to what 
the Commiss" on the part of Virginia had. 

I thought it was proper to give your Grace this timely notice, not 
knowing but that such matters in respect of yo' Grace's Eminent Station 
as Sec'' of State, & principly concerned in this quarter of the World, 
but the same might come properly before yo' Grace, or some Inspecting 
Officer of your Apj)ointment. And if at any time Sir you are pleased 
to lay your Commands on me, respecting any Affair of this Province, 
no man will more chearfully 01)ey than 

Mv Lord 
Your Grace's 
Mast Dutifull Servant 

E. PORTER. 

North Carolina. 

Jan'' 24"» 1728. [1729] 



COLONIAL RECORDS. 9 



[B. P. R. O. B. T. South Carolina. Vol. 4. C. 48.] 



THO: LOWNDES TO THE SECRETARY OF LDS OF TRADE 

16**^ February. 1728. (-9) 

Hearing that the Lords Commissioners for Trade are teazed by Pre- 
tenders to Merit in bringing alx)ut the purchase of Carolina I take the 
Liberty to transmit to you, a Copy of the Reasons which last year I 
drew, and which were presented to and approved of by the Speaker of 
the House of Commons and sixteen other Members, when the Demand 
was made for the Purchase Money in Parliament 

The Proposal of attacking Fort Augustine and obstructing from Port 
Royal in South Carolina the Spanish Navigation was first made by me 
to a person of great Figure in the Administration in May next will be 
three years and was then licked. What service I have since done in 
Obviating any difficulty that might happen and in removing Obstruc- 
tions that arose whilest the Bargain for Carolina was N^ociating a Noble 
Lord of your Board (whase Justice and Honour are equal to his Title) 
will I doubt not readily vouch for me. And I have ample Testimony 
of the Pains I have since taken to keep Matters between the Crown and 
the Proprietors from being inflamed. 

• Colonel Lilly was too candid a Gentleman not to own publickly the 
assistance I gave him in drawing his Map of Carolina; I having tlie 
most Authentick Manuscript of that Country and of Port Royal in par- 
ticular For as for poor Governour Rogers his is only an unnatural Fiction 
for there can be no such place as he represents Port Royal to be ; till the 
nature of water is altered and the Glol)e new moulded. 

I likewise inclose a Copy of a Letter from Governour Craven which I 
doubt not will give the Lords of Trade satisfaction, he being a Gent of 
known Honour, and I had a Liberty to do with it as I judged proper. 

I b^ leave to observe to you that it is my humble Opinion that the 
Spaniards make their clamorous Mem" about the little Fort upon Allata- 
maha River to conceal their Intentions of getting from us by Treaty the 
Territory wee have upon the Gulf of Mexico. For the Bay of Apalachia 
is most certainly ours. And it is highly probable there is a good Har- 
bour, either at the Entrance of the River Quitare or the River Flint. 
And the Country is esteeme<l very fertile and the Indians that did inhabit 
it are either chased away or killed. Of what use it may l)e to the Span- 
2 



» . 



10 COLONIAL RECORDS. 



ish Nation to have such a Concession or of what prejudice to us to grant 

it the Lords Commissioners for Traile are the best Judges 

I am, Sir 

your most obedient and most humble 

servant 
16*^ Feb-y THO: LOWNDES. 

172| 

P. S. 

There is I hear a great disi)osition in the rich Palatins and Germans 
about Ijeige to go to South Carolina; so a good Revenue may be made 
immediately to the King by Quitt Rent. 



[B. P. R. O. B. T. South Carolina. Vol. 4. C. 60.] 



SOME REASONS TO SHEW THE ABSOLUTE NECESSITY 
FOR THE CROWNS BUYING THE PROPRIETY OF THE 
CAROLINAS AS AI.SO THE ADVANTAGIOUSNESS OF 
THAT PURCHASE TO THE PUBLICK 

[Inclosed in M' I^wndes 16 Feb^ 172f.] 

South Carolina is situate between the French on the River Messissippi 
and the Spaniards in Florida and in the Neighbourhood of Cuba, a very 
strong Spanish settlement and in case of a Rupture with France or Spain 
and'an Invasion from either must in the Condition it was in by the Dis- 
union of the Proprietors and the Animosities between the Proprietors 
and Inhabitants have inevitably fain a prey, unle&s the British Nation 
had at a very great Expence rescued the Colony, which under the imedi- 
ate Protection of the Crown may in a great measure he made able to 
defend itself upon all Occasions and of eminent use* not only to all the 
British settlements in America, but to the Mother-Country. 

That South Carolina has for its contingent Charges many years last 
past raised about 7000*^ ^ Annum which with the Quitt Rents (which 
may be estimated at 1000 ^ anniun) will under a proper Regulation and 
Eiconomy go near to defray the Expence of the Government. 

That had South Carolina continued a provisional Government the 
British Establishment could never have been freed from the Expence of 
the Governors Salarj' and the independent Company, unless the Crown 



COLONIAL RECORDS. 11 



had either infringed the Rights of the Proprietor or invaded the Prop- 
erty of the Inhabitants 

That the Crown having purchased the arrears of the Quit Rents which 
are estimated very low in the Proprietors Account will be a means to 
make the Inhabitants to come into proper measures to lay upon them- 
selves some Duty which they are well able to bear in order to defend the 
Province. 

That had South Carolina fain into the hands of either the French 
or Spaniards (besides the loss of a Branch of the Revenue from enumer- 
ated Rice) the consequence would have been very fatal not only to all 
the settlements in North America, but also to the British Navigation to 
the Sugar Islands. For we should have been absolutely excluded the 
Navigation of the Gulf of Florida, and a communication would have 
lain open from all the Spanish settlements to the French Colony on tlie 
Messissippi. 

That by a good settlement being made at Port Royal in South Caro- 
lina where (by all accounts there is a noble harbour) the Conjunction of 
the Power of France and Spain will not only be preventetl but as long 
as we are Masters of the Sea we can lay a very great restraint upon the 
Spanish Navigation in America. For the Spanish Plate Fleet from Mex- 
ico must of necessity pass very near our Coast and that from Peru can- 
not without the greatest difficulty avoid it. 

That by keeping a competent number of Men of War at Port Royal 
(which can at a much easier Rate be accommodated with all necessaries 
now the whole Property is in the Crown) the British Commerce will be 
entirely protec^ted from the Spanish Privatt^rs which were always fitted 
out at Fort Augustine a place in the Neighlx)urhood of South Carolina 
and notorious for the mischief our Trade has even of late received. 

That a station for Men of War can be at a much less Expence sup- 
porte<l in South Carolina than at Jamaica. For South Carolina is not 
only productive of all sorta of Naval Stores but the provisions are better 
and much cheaper there than in Jamaica, and the Tenn>erature of the 
Place as well as the advantagiousness of the Situation will always render 
it preferable to Jamaica where the Climate is so unhealthy to English 
Constitutions 

That if North Carolina be made a district of Virginia besides the 
Tenths reserved ujwn the Whale Fishery, the Revenue of Quit Rents 
of that plac« which always bore the charge of the establishment, will 
bring in an immediate Profit to the Crown of about 600* sterling yearly. 

That it is acknowledged by all Persons that the most fertile and 



12 COLONIAL RECX)RDS. 



healthy Part of all America is the Tract of Land lying between Port 
Royal in South Carolina and Florida and well watered by Navigable 
Rivers and if it lie lett out at a proper Quit Rent as in Maryland and 
Pensilvania (the Crown not being under any Obligation ajs to the Quit 
Rents for T^ands not yet set out in South Carolina as it is in Virginia) 
t'will in a very few years not only ease the British Establishment, but 
bring in a oonij>etent Annual Sum of Money to be remitted to Great 
Britain or to be disbursed for setting on Foot in America the silk or any 
other Manufacture that shall Ire thought proper. 

If it is asked by way of Obje(»tion why the Proprietors surrender their 
Charter for so small a sum as 25,000* (5000* of which is for the arrears) 
if the Country Ik^ so valuable as is represente<l. The Consideration of 
the number of the Proprietors, their Disunion, the Frequency of. Minor- 
ities amongst them. Their Inability to procure to themselves Justice 
from South Carolina with respect to their Quit Rents and their Want of 
Power to correct the great Abus<« committed by the settlement about the 
Pa|>er Money and other publick acts to the Prejudice of the British 
Conmierce and an apprehension that in Case of an Invasion the O)lony 
would Ik? lost to the gi'eat Detriment of the Publick as well as to 
themselves tis humbly presumetl will afford a full and satisfactory 

answer. 

THO: LOWNDES. 



[B. P. R. O. B. T. Virginia. Vol. 18. p. 107.— Extract.] 



LIEUT: GOV: GOOCH TO LORDS OF TRADE 

26 MARCH 1729. 
My Lords, 

« :|e « « :|e 

4c ♦ * * 4e :(c 

The Commissioners ap{>ointed for settling the Boundaries between this 
Colony and North Carolina having finished that tedious and troublesome 
aiTair, (XX»sioned by thick w(H)ds and rivers they were obliged to jmlss, I 
have herewith sent your Lordships their Report with the Plans of the 
Line as it is now run and inarkt out. Your Ijordships will find (for 
which there is a Protest and an Auiwer) that after the Comni" of C&ny- 
Una had gone with ours a certain distance l>eyond their own Inhabitants, 
they refused to pnxxjed any farther urging several reasons which I think 
little to the pur|>ose, & might with equall force have been insisted on 
l)efore they went so far : but one of our Comm" concurring with them, 



COLONIAL RECX)RDS. 13 



they returned to Carolina, & M' Fitzwilliam came back, leaving M' Byrd 
& M' Dandridge to discharge the more difficult part of the Duty, which 
they continued to do for six weeks after the separation, in which time they 
finished the remaining part of the Line up to the Great Mountains; and 
I dare to answer for it, with such exactness (as the surveyors were bound 
by oath to do) that I hope it will be allowed to be of equal validity with 
that part of the Boundary in which all parties were present. It remains 
that I b^ your Lordships directions how the expenoe of this work shall 
be paid: I find that the Comm" and Surveyors sent out in 1711 on the 
same service, were paid out of the Quit Rents by a warrant from the 
Treasury and though they were then out only one month the Comm" had 
one hundred pounds sterling each and the surveyors 20" per diem a man ; 
and the present Gentlemen expect a proportionable allowance, and they 
that concluded the line think and are thought to deserve more than he 
that left them and came home. There are also sundry considerable charges 
for men and Provisions; some with arms for their guard, chain carryers, 
markers and other nece«sarv attendants. As these («uld not wait till 
their Payment was directed from England that, and the charge of the 
Provisions have l)een advanceil out of the 2* per hogshead the whole will 
be above 1000<£. I hope to receive your Lordshii)s signification of His 
Majesty's Pleasure both as to the Quantum to l)e allowed to the several 
Gentlemen, and the fund for payment thereof two Comm" and two Sur- 
veyors were out sixteen weeks, and one Commissioner alx>ut nine weeks. 
* * * ' * * 

4c 4c * * 4c 9ic 

My Lords 

Your Lordships 

most dutiful most faithful & 
most obedient humble servant 

WILLIAM GOOCH. 

Virginia 

March 26"^ 1729. 



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



At a Court of Chancery March SI"*: 1729. 

Present 
Christopher Gale Jno. Lovick Edw** Mosely 
Tho' Pollock Thom- Harvey Jn» Palin 
Edm* Gale Esq" 



14 COLONIAL RECORDS. 



Gent I take this Occasion to recomend 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 E3sq' against Christopher Gale and 
Jn** Lovick Esq" in the name of His Maj** Comm" 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 Jan'' last past to Sec^ Lovick, Concerning his passing or giving 
out any more Warrants or Patents after the time I had appointed, having 
received Notice by a Ijctter from the Hon"* James Bertie and others 
from Great Britain, a<x|uainting me with the Sale of this Province to 
his Maj^ King George, I thought it a Duty incuml)ent on me to Prevent 
the DisjKwing any more of the Soil till his Majesty's Royall Pleasure 
was further known. These my Resolutions I have transmitted home to 
the Sec^ of State for those j>arts a^d Gent as I shall not recede from 
my first opinion, it is my i>ositive (commands that the said Jno. Lovick 
Strictly obey the said Orders and in his Majesty s Name I expet»t every 
Meml^er of this Councill will Concurr with me in proper Methods to 
Oblige M' Ijovick to an exact observation of the same, and that he be 
compelled to record the said Onlers as formerly Coinande<l, and a true 
Copy thereof (attested as such) Delivered to me which hitherto the said 
Ijovick has in a very Contemptable manner refused to do, Altho the 
Recording of any Judicial Matter and giving Copys thereof are not 
meerly (ex gratia Curia) to he granted or not to l)e granted at his Pleas- 
ure 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 olxserved 
when it is the Commands of a Governor in an affair Respeirting his 
Majesty's Property 

I must b^ leave Grent 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 Char- 
acter and Arraigning my Administration which it seems you compased 
soon aft^r Your new fform of Governm* when ten of you olistinately 
signed to a Proclamation for a Prorogation of the Gen* Biennial Assembly 
to a longer time directly against my Consent or approl)ation and by that 
means Occasioned a totall Disolution to the great prejudice of the Inhal>- 
itants of this Country which proceedings all Mankind must needs think 
very extraordinary and repugnant to the known Maxims of an English 
Constitution. 



COLONIAL RECORDS. 15 



And lastly Grent I am to apprize you that a M' Robert Route Provost 
Marshall under the I^ords Proprietors has departed this Governm* and 
the Circumstances of Affairs Making it absolutely necessary to appoint 
one in his Absence I have therefore Given a Commission to M' William 
Williams of Edenton to Act as Provost Marsh* for him in his Absence, 
and this Gent like all other Grovern" I have taken upon me to do with- 
out the necessity of acquainting you with it. As to any by Laws of 
this Country which by the Lords prop* 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 Gov- 
emm* made with no other design than to impede and Lessen the Author- 
ity of all Gov" and seems rather Calculated for the States of Holland 
or Venice & therefore in itself null and Void. 

I have hitherto G^nt 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 (tho not at that time by me) for their Vice & Imoral- 
ity Therefore Grent 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 Gov' 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 Serv* 

RICH* EVERARD. 



[From North Carolina Letter Book of S. P. G.] 



GOV EVERARD TO THE BISHOP OF LONDON 

No. Carolina April 14. 1729 
May it please your Lordship 

Tis with no small concern I send this to inform you. that our Church 
is not built, nor is it like to be gone about for those men that were 



16 COLONIAL RECORDS. 



appointed cx>mmi8sioncr8 for the BuildiDg it have 600£ in their hands, 
are now the only opi)osers of building one, I was, in order to the lay- 
ing the foundation, chose Churchwarden with one M' Moseley we had 
several meetings to consult about Building it but could not agree, being 
always hindered by our Secretary, one M' Jn* Lovick a man of no reli- 
gion, fears not God nor man believes, neither, seldom seen at any place 
of Divine worship, his Money is his God, ridicules all goodness, while 
such a man is in iK)wer, no good can be ex[)ected. his original was bred a 
^Barber, brought up a foot boy & a Pimp to 2 of my Predecessors, but 
enough of his Character. I lately met with a Gentleman who informs 
me, one M' Sanderson who died about 10 years ago, left a will, & be- 
queathed several hundred Acres of land. 10 Cows & Calves 10 Sows 
5 Pigs sheep & Several Household goods to maintain a clergyman in the 
Precinct of Curratuck in this Province, but these are embezzled by the 
management of Lovick & others of his stamp by setting the will aside, 
the Gent"" promised me the Copy, which as soon as it comes to hand shall 
be sent to your Lordship, who shall command all the assistance, that 
lyes in the power of my Lord 

Your most dutiful son & obd* servant 

RICH* EVERARD 



[B. P. R. O. ViEGiKTA. Vol. 44. p. 22-23.] 



LORDS OF TRADE TO LIEUTENANT GOVERNOR GOOCH. 

Whitehall May 22'** 1729. 
Sir 

* 4c ♦ * 3*^ * 

We are glad to find that the Commiss" for settling the Boundaries 
between Virginia and North Carolina have made some Progress; and 
we hope that the finishing thie Division Line will prevent the many 

Inoonvenciences, which have hitherto happened for want thereof. 

***** *^ 

Your very Loving Friends 
and humble Serv** 

WESTMORELAND 
P DOMINIQUE 
T PELHAM 
THO FRANKLAND. 



(X)LONIAL RECORDS. 17 



[B. P. R. O. Virginia. Vol. 44. p. 32-33.] 



A POPPLE TO M' SCROPE 5 JUNE 1729 

To M' Scrope Secry to the Lords of the Treasury. 
Sir 

My Lords Comraiss" for Trade and Plantations command me to send 
you the inclosed Extract of a Letter from Major Gooch Lieut : Gov' of 
Virginia dated ye 26*** March 1729 wherein he desires, Orders may be 
sent for the payment of the Charj^o of the Commiss" on behalf of the 
Colony of Virginia, for running a Division Line l)etween that Colony 
and North Carolina. 

As this service was performed in Obedience to his late Majestys Order 
in Council of 28*** March 1727, And as the same will encourage many 
Grants of Land and New Settlement near those Bounds, to the great 
increase of his Majestys Revenue of Quit Rents in Virginia, their Lord- 
ships command me to desire, you will lay the same before the Lords 
Commissioners of the Treasury for her Majestys Orders what Sum shall 
be allowed for the charge of this Survey, and out of what Fund the 

same shall be paid, I am 

Sir, 

Your most humble serv* 

A POPPLE 
Whitehall 

June b"^ 1729. 



[B. P. R. O. Proprieties. B. T. Vol. 12. R. 107.] 



To the most noble Thomas Duke of Newcastle Secretary of State <&c. 

May it please your Grace 

Some time ago I made bold to trouble your Grace with an Informa- 
tion concerning the Disposition of Lands in this Country, a Copy whereof 
comes here inclosed, least the Original should miscrarry ; since the writing 
of which <& &s I then imagined M' Lovick and the Surveyor General one 
M' Edward Moseley have gone on roundly to dispose of His Maj^'' 
Soil, the former by giving out Warrants and Patents, and the later sur- 
veying the same, notwithstanding the repeated Orders of S' Rich* Ever- 

3 



18 COLONIAL RECORDS. 



ard, our Governor to the (x>ntrary which Orders have not only been 
given to those two gentlemen separately but a Charge also to M' Lovick 
in ©pen Council to obey the same. 

Sir Richard on all these affairs has acted with the greatest regard to 
his Majesty's Interest, and by that means has rather chosen to lose the 
many Fees which accrue to him by signing Patentis, than to nin the haz- 
ard of doing what might be prejudicial or disliked by his Majesty, tho 
his Commission is at present from under the Lords Proprietors. 

This cautious way of proceeding I believe S' Richard is in hopes will 

meet with your Grace^s favourable opinion and Countenance and I Ireg 

your Grace will be pleased also to receive this Information and all that 

I have said or done herein as genuine, with a view purely for for his 

Majesty's Service, a Duty I shall always think incumbent on 

My Lord 

Your Grace's &c 

E. PORTER. 
North Carolina, 

June 15*** 1729. 



[B. P. R. O. Proprtetieb. B. T. Vol. 12. R. 104.] 



To the most Noble Thomas Duke of Newcastle Sec*^ of State &c. 

May it please your Grace 

As I thought my Self l)ound in Duty to acquaint your Grace of any 
Matter w*** might seen prejudicial to his Maj*^" Interests in this Country, 
was the motive that induct! me to trouble vour Grace with an Account 
thereof, in a Ijetter or Memorial of the 7"* of April last past, in w"** was 
inclose<l the Copy of my Charge to my C^ouncil on a Chancery Day, 
together with an Order to M' John Ix)vick the present 8ei»retary, that he 
should permit no more Warrants or Patents for Lands to pass out of his 
Office till His Majesty's Royal Pleasure were therein known ; But if M' 
Lovick being thirsty after an unreasonable Gain, & to make the most of 
his Office before the King's Authority took Place, has had no regard to 
such my Orders & Directions, & my Council not taking pro|)er Methods 
in Concurrence with me as desir'd to suppress him, & there l)eing no 
further Expedient left in me to prevent so unjust a Practice, as is daily 
carrying on by this Lovick, & M' Edw* Mosely the Surveyor General 
of Lands I conceived it necessary once more to apprize your Grace with 



COLONIAL RECORDS. 19 



it. Lovick continues hourly to fill up & give out Warrants & Patents 
for large Baronies of Lands, & this Moseley I am credibly informed 
(who is very Artful & a great Confederate of Lovick's where a Profit is 
in View) has lately surveyed for himself twenty thousand Acres lying 
contiguous on the head of a River called Trent in this Province, & has 
likewise surveyed twenty thousand Acres for a Gentleman in Virginia, 
in one body of Land on the Northern Parts of this Government for 
which Warrants were procured by the help of ready Cash out of the 
Secretary's Office I assure Y' Grace such Proceedings has l^een, & will 
be very distructive to the settlement of this Place, & the means to pre- 
vent many hundred poor People taking up small tracjts of Land at a 
reasonable price that now will be obliged to purchase the same at second 
hand <fe at a dear Rate, for that is the view in taking up such unreason-*- 
able Bodies of Land in this Country, w*** in respect of its Situation to 
the French and Spaniards on the Messicippy & the numerous savages 
living near us may prove very fatal in the End. 

I am lately informed notwithstanding the great exactness I have used 
on all Occasions since my having the Administration of this Govern- 
ment, to demonstrate my Affection, Duty & Loyalty to his late as well 
as present Maj^ yet it seems this Lovick, Gale Chief Justice, & one 
Wm Little his Son in Law, agreable to their wonted Practice, have either 
sworn or sul)ornM others to swear a Matter or Charge against me, as tho, 
I were disaffected to our ever happy & blessed Establishment in the most 
Illustrious House of Hanover; But what the particulars of the Accusa- 
tions really is, or what is made Oath to by those three perfidious Men I 
am at a loss to Judge, having in Writing demanded a Copy thereof, as 
Y' Grace will perceive by the inclossed Speech to my Council, but to this 
Day I cannot obtain any. 

This Sort of Treatment my Predecessor M' Geo : Burrington received 
till by the help of a few ex parte Depositions, & by dint of swearing & 
forswearing they prevailed with the Lords Propri" to remove him & 
soon after it was my hard Fate to succeed in his Station, tho had their 
L)rdp' then known as I believe they do since, what little Veracity ought 
to be put on what those Persons swore, much less on what they said, M' 
Burrington had not fallen under their Ix)rdp\s Displeasure. To conclude 
I hope your Grace will excuse this tecb'ous Representation, & l)elieve me 
when I assure you three more flagrant Villains never i^me out of the Con- 
demnM Hole in New Gate for Execution at Tyburn; therefore agreable 
to the Prayer of the People from all Quarters of this Country in whase 
Name & in my own, I humbly desire & hope your Grace will l)e instru- 



20 COLONIAL RECX)RDS. 



mental in preventing their holding any Post or Office of Profit or Trust, 
when we arrive to the Happiness of living under His Majesty's Auspi- 
cious Governm* w^ kind Service will perpetuate Y' Grace's Memory 
amongst us to future Ages, cfe will be an obligation of the greatest Con- 
sequence to all the Inhabitants here & in particular to 

My Lord 
Y' Grace's most Dutiful 

& Obliged Servant 

RICH* EVERARD. 
North Carolina 

June 18"* 1729. 



[B. P. R. O. Virginia. B. T. Vol. 44. p. 34.] 



LORDS OF TRADE TO MAJOR GOOCH 20 JUNE 1729. 
Sm 

« :|c :|c 9ie * 

We have likewise recommended to their Lordships what you write 
about the paying of the Conim" for laying out the Boundaries l)etween 
the two Colonies of Virginia and Carolina, so that you may Shortly 
expect to receive his Majesty's Orders with respec?t thereto. 

4c ♦ 4e :|c * 

Your very Friends 

humble serv** 

E ASHE 

T PELHAM 

THO: FRANKLAND 

M BLADEN 

Whitehall ORL» BRIDGEMAN 

June 20^ 1729. 



[B. P. R. O. B. T. Virginia. Vol. 19. R. 124.] 



WILLIAM BYRD TO THE LORDS OF TRADE. 

Virginia the 27"» of June 1729. 
My Lords, % 

The honour I have of Imng known to mo.st of your Lordshipn gives 
me the confidence to trouble you with this Letter I fear you w^ill think 



COlX)NIAL RECORDS. 21 



it a very long one but as it is an appeal to your Justice I hope you will 
please to forgive me if I state my case in all its circumstances that your 
Lonlships may be the clearer in your Determination 

About 2 years since our Governour rwieived his Majesty's Order in 
Council to appoint Commissioners who in conjunction with others to be 
named for North Carolina should run a Dividing line between the two 
Colonys. This line was to b^in at Corotuck Inlet and run a due west 
course to the great mountains. In obedience to this order, our Governour 
was pleased to name me, M' Fitz William and M' Dapdridge (all of the 
Council for tlie better grace of the Business) to execute such commission. 
Two eminent surveyors were likewise named to perform the mathemati- 
cal part, M' Mayo who mj^de the accurate Map of Barbados, and M' 
Irviu, we had also a power to take as many men as we should think 
proper, both for the laborious part of the work and for our defence 
against the Indians. We had also a Chaplain allowed us, both for the 
benefit of Divine service and to christen the children on the Frontiers of 
Carolina where they ai'e wholly destitute of a minister. 

Being thus appointed, we sat out on the 27*** of February 172| to 
Corotuck Inlet, where we met the Commissioners on the part of North 
Carolina and having concerted the place of b^inning the allowance to 
be made for the variation and other necessary Preliminarys we entered on 
the Business the 27*** of March following. T'is not easy to conceive. My 
Lords how much difficulty and fatigue we encountered in the low marshy 
grounds that lay near tlie sea, our course being right forward, thro thick 
and tliin and leading often through swamps and miry places not practi- 
cable for horses for many miles together. Our way lay through the 
widest part of the Dismal which is a dreadful swamp of vast extent not 
less than 30 miles long and 15 in breadth. No humane creature ever had 
the Resolution to pass over this inhospitable Bogg before, and we found 
it so intolerable that I believe no man will ever be so hardy as to pass it 
again Your Ijordships will incline to the same Opinion when I assure 
you that with the utmost diligence we cou'd use it took us up full ten 
days to mark and measure that small distance. However we had patience 
enough to overcome tliis and all other difficulties that stood in our way. 
We caiTied on the business with very great alacrity and success til the 
brining of April when the weather grew warm enough to give life and 
vigour to the Rattlesnakes. This obliged us to discontinue our work til 
the return of the (x>ol scuson, which (H)uld not happen til September 

Accordingly we met again on the 20* of that month at the place where 
we had left oil' and pursued the line with all the Industry we were able. 



22 COLONIAL RECORDS. 



And now My I^ords for variety we had quite different hardships to 
undergo, which were however as discouraging as those in our former 
Expedition. Great part of our journey lay through wild woods without 
path and without any Inhabitants except only Panthers, Bears, Wolves 
and other savage beasts. In many places we were forced to scuffle 
through Thickets so intolerable that it was as much as our hands cou'd 
do to save our Eyes in our heads. At other times our h'ne carried us 
over steep liills & stony Precipices to the no small hazzard of our Necks. 
Nor was this all our danger but we were constrained to ford very often 
over unknown Rivers, where the stream was rapid, and the Bottome 
paved with Ro(;ks as slippery as glass so that t'was hardly possible for 
horses to keep their feet. Foreseeing the difficulty of these ways for 
Baggage horses we carried no provisions with us but Biscuit, depending 
entirely on Providence for other subsistance. Our lodging was in tlie 
open air, and our Drink water: but what was worse than all the rest by 
the time we approached the mountains our horses were so jaded that we 
were obligetl to walk great part of the way home on foot and that in 
Boots for fear of Buslu^ and vermine. However we bore up against all 
these Inconveniences not only with constancy but (cheerfulness determin- 
ing that nothing should discourage us from ol>eying his Majestys order 
in the fullest extent. And we endured it all with the more Patience 
because our endeavours were blest with very uncommon success. We 
had no Distemper no Disaster of any consequence befell any of the Com- 
pany during the whole time, and we brought all tlie people Iwu^k in bet- 
ter health than when they went out Nay for 16 weeks no man tliat was 
with us ever wanted a meals meat so lK>untifully did Providence supply 
us day by day in the barren Wilderness. Our Governor has had the 
honor to write to your I»rdshii)8 upon this subject and to transmit the 
Map and the Journal of our Proceedings by which you will be the l)etter 
able to judge of the service we performed and of the Fatigue we under- 
went. But as this has happened by his Majesty's special direction he is 
unwilling to determine what pay we ought to have, l>ut desires to be 
directed by your I^ordships both as to the Quantum and by whicli of our 
2 Revenues this Charge ought to be defrayed whether by tliat of the 
Quitrents or by that of the Two shillings '^ Hogs head? 

As to the firet of these Questions, how much the Commissioners ouglit 
to have for the trouble and exj)ence of this Ex{)edition your I»rdships 
have a Precedent to go by which we humbly hope will guide your Opin- 
ions in this case. In the year 1710 two Commissioners Phillip Ludwell 
and Nathaniel Harrison Esq" were appointed by our Governor and 



COLONIAL RECORDS. 23 



Council to do this very Business. These Gentlemen went to Corotuck 
Inlet in order to bqijin from thence: but not being able to agree with 
the Commissioners of North Carolina they returned without perform- 
ing any thing. However they having been out 4 weeks and it not being 
their fault that nothing was done they were paid by an order from Eng- 
land one hundreil pounds sterling each. Now if those Commissioners 
were allowed £100 for 4 weeks without enduring any hardship or doing 
any service I humbly submit it to your Lordships how much we ought 
to have, who were 16 weeks out, underwent all manner of fatigue and 
performed the Business faithfully & effectually which we had the honour 
to be imployed upon. The surveyors likewise hope they may be consid- 
ered in the same proportion that the former surveyors were, namely 20 
shillings a day which I think they deserve for the great fidelity & exact- 
ness with which they discharged their duty. And our Chaplain M' 
Peter Fontain hopes he may have as much as the surveyors, having 
been very diligent in his Function & having christened above an hun- 
di*ed children among the Gentiles of North Carolina. 

Then my Lords as to the second Question out of which Revenue this 
money ought to be paid I humbly conceive your Lordship will think it 
most reasonable that it be paid out of the Revenue of 2 shillings "^ 
Hogshead since that was given to defray both the constant and acci- 
dental charges of this Government. And the rather because this Fund is 
now in very good condition having several Thousand Pounds in Bank 
and in no danger of l)eing deficient. Indeed formerly when this Reve- 
nue happened to fall in arrear (which was the case when the Payment 
was ordered to the Commissioners alx>ve mentioned) such services have 
been defrayed out of the Revenue of Quitrent. But at present the case 
is quite otherwise and there is a large summ in Bank of the Two shil- 
lings "^ Hogshead and consequently the present charge may he more 
naturally lx)rn by that Revenue and the rather l>ecause the Quitrcnts have 
lately been reserved for more important services. 

This my Lord is a faithfull state of our case nor can I imagin that 
our Pretentions can be at all prejudiced by the purchase that has been 
since made of Carolina by the Crown Since what we did was by his Maj- 
esty's express commands. And notwithstanding such Purchase this 
work will still prove very advantagious to the Publick by discovering a 
fine Country which will soon be taken up as far as the great mountains 
whereby the strong Barrier will be secured to his Majesty's subjects. 
Besides our line will remain a lasting Boundary l)etween the 2 Colony s 
which can never conveniently be united into one Government. 



24 COLONIAL RECX)RDS. 



And now I ought to ask your Ix)rd8hip8 ten Thousand Pardons for 
giveing so long an interniption to your attention to the Publick ser- 
vice. But as I could not make my case shorter without prejudicing the 
Justice of it I hope you will be pleased to excuse me, and to believe that 
I am with all the Respect in the World 

My Lords 

Your Lordships 

most obedient humble servant 

W. BYRD. 



[B. P. R O. B. T. Virginia. Vol. 19. R. 120.] 



LIEUT: GOV: GOOCH TO LORDS OF TRADE 

June 29*** 1729. 
My Lords 

I forgot in my last among the allowances for the gentlemen employed 
in running the Boundaries to nlention that of a Chaplain whom I ap- 
|X)inted to attend that service and who deserves his Majesties considera- 
tion when the payment of that work sliall l)e ordered. It was very nec- 
essary a Clergyman should be sent out with such a number when they 
were to pass through a Countrj' where they could not have the opj)ertu- 
nity of attending the publick Worship and the report that a gentleman 
made to me sufficiently proves how well he answered my purpose in send- 
ing of him ; for he Christened above an hundred children, a great many 
adult persons, and preached to Congr^ations who have never had pul>- 
lick Worship since their first Settlement in those Parts, such is the 
unhappy state of those poor Inhabitants who possess the borders of our 

Neighbouring Province, in which there is not one Minister. 

******** 

My Lords 
Your Lordships 

most faith full and most 

obedient humble servant 

WILLIAM GOOCH 



COLONIAL RECORDS. 25 



[B. P. R. O. B. T. Proprieties. Vol. 32. p. 3.] 



LORDS OF TRADE TO DUKE OF NEWCASTLE 

8 July 1729. 
To his Grace the Duke of Newcastle 

My Lord, 

Having received an Address from the Council of North Carolina 

relating to the conduct of the Governor of that Province which contains 

matter of a very extraordinary & heinous nature We thought it our 

duty without loss of time to transmit the said address to your Grace that 

you may lay the same before the Queen that her Majesty may signify 

her Royal pleasure thereupon 

We are 

My Lord 

Your Grace's 

Most obedient and 

most humble Servants 

T. PELHAM 

W. BLADEN 

Whitehall W. CARY. 

July S"^ 1729. ' 



[B. P. R. O. Proprieties. B. T. Vol. 12. R. 99.] 



AT THE COUNCILL CHAMB' WHITEHALL THE 3P* DAY 

OF JULY 1729. 

By a Committee of the Lords of His Majesty's Most Honoble Privy 
Council 1. 

Her Majesty having been pleased to referr unto this Committee the 
humble Address of the Members of North Carolina, containing Com- 
plaints against S' Richard Everard — Governor of that Province — The 
Lords of the Committee this day took the said Address into their Con- 
sideration, and are hereby Pleased to referr the same, to the Lords Com- 
missioners for Trade and Plantations to Examine into the Allegations 
thereof, and Report their Opinion thereupon to this Committee. 

EDWARD SOUTHWELL. 
4 



26 COLONIAL RECX)RDS. 



[B. P. R. O. Pboprietibs. B. T. R. 100. No. 12.] 



AT THE COUNCILL CHAMB' WHITEHALL THE 31-* DAY 

OF JULY 1729. 

By a Committee of the Lords of His Majesty's Most Honoble Privy 

Councill 

Her Majesty having been pleased to referr unto this Committee a Let- 
ter from S' Richard Everard Governor of North Carolina transmitting 
a Copy of his Orders and resolutions delivered to the Councill of that 
Province at a Court of Chancer)' held on the 31'' of March 1729, relat- 
ing (amongst other things) to the Putting a Stop to the granting of 
Lands till his Majesty's Pleasure should be Known concerning them, and 
also to the filling up of Vacant Places within that Government The 
Lords of the Committee this day took the same into consideration, 
and are hereby pleased to referr the said Letter, togetlier with the Copy 
of Governor Everard's Orders and Resolutions, to the Lords Commis- 
sioners for Trade and Plantations, to Examine into the same, and Report 
their Opinion thereu|X)n to this Committee. 

EDWARD SOUTHWELL. 



[B. P. R. O. Proprieties. Vol. 12. R. 100.] 



May it Please Your Grace 

In Jan^ last being in such a State of Health that I could not do my- 
self the Honour to Write to Your Grace I got M' Etlm. Porter our 
Judge of the Admiralty of this Provinw to transmitt to you a Copy of 
my Order to one M' John Ix)vick acting as Secretary here under the 
Lord Proprietors of this Country forbiding him Issuing out any more 
Warrants or Patents for Land till His Majesty's Pleasure were further 
Known which Notwithstanding the thing was *a disadvantage to myself 
Yet I conceived it my Duty as Governor so to do after Hearing our 
Gracious King had made a Purchase of the Soyl tho such my Orders 
have been of Little or no Effect the said Lovick not regarding them as 
by a Letter under his hand afterwards sent me and being well informed 
since that he still out of an Avaritious View, continues to Emitt such 
Warrants and Patents for I^and, I again Repeated my Comands in Open 
Councill the 31** of March last Read and Delivered to be Recorded at 



COLONIAL RECORDS. 27 



the said Board, a true Copy thereof comes herewith Inclosed, at which 

time the Members of My Councill broke up in great Pett, and have not 

since been so mannerly as to give me an Answer, but Caviled with me 

concerning my Authority in case of Vacancy in appointing a Provost 

Marshall which occasioned an entire Overthrow of all Proceedings in 

Chan(!ery. I thought it necessary to give Your Grace this Information 

least His Majesty's Interest should suffer, there having l)een for severall 

Years j>ast very corrupt doings in the Seqretary's office of this Country 

Concerning the Lands Transacted by the aforesaid Lovick and M' Ed** 

Moseley Surv' Gen" as formerly set forth by M' Ekl. Porters Memorial 

to Your Grace, and it is my humble Opinion an Officer as Receiver 

Gen" of the Quit Rents with a Power of Inspecting into the Clandestine 

Disposition of I^ands would be at this time Highly Necessary I'm with 

all due Regard and Respect 

My Lord Your Graces 

Most Obedient and Obliged 

Humble Serv' 

RICH* EVERARD 



[B. P. R. O. Proprieties. B. T. Vol. 12. R. 102.] 



To the Right Hon"' John Lord Carteret Palatin & the rest of the true 
& ab-solute Lords Proprietors of Carolina. 

I did my Self the Honour about a Year & half since to send your I^ord- 
ships a representation of the State & Condition of this your Province (then 
under my Government) containing an Exact Account of y* Scituation of 
all affairs relating to your Lordships Interest in particular and the Coun- 
try in general, with every thing done in the Administration from my 
Arrival to that time, this I sent by Ope M' Durley from Carolina, he also 
carried an Address from the Assembly to your Lordships, & some I^et- 
ters I had received from the Gov' of Virginia concerning the Boundarys 
of the Two Governments, & aboundance of Letters from other persons this 
M' Durley received many other favors & Civilitys from me, therefore 
conclude<l he would faithfully perform his Promise in delivering the Let- 
ters I entrusted him with, but to my great Suprise am lately informcil by 
some Gentlemen here (who have received Ijctters from London of a fresh 
date) that he either gave the said Writings to Lovicks Brother in Ix)ndon 
or destroyed them. 

At my return to this place ailer my first Jorney to Cape Fair River 
in a long Letter I sent your Ijordships a Description of that part of 



28 COLONIAL RECORDS. 



Carolina with my Advice & Opinion concerning the settleing thereof and 
Granting the Lands Also my resolution of going there when October 
Court was over, & staying till March Court came to induce & Encourage 
People to settle on that River Your Lordships had in this Letter a large 
relation of the Conduct & Behaviour of Chief Justice Gale, Secretary 
Lovick, & some others in the Council, of M' Edens Will, & the Law 
Suite thereupon l)etween M' Roderick Lloyd <fe Lovick Executor in Trust 
of the said Will, Lovicks injustice in not paying the debts & I^egaciesof 
M' Iklen, & detaining the residuum from the Heir at Law ; I omitted 
nothing worth your Lordships Notice that had passed here after tlie date 
of my first writing, this Pacquet was recommended to the care of a Mer- 
chant in New P]ngland named Armory I am yet ignorant, whither it had 
better success then the first. I must acquaint Your Lordships that dure- 
ing the two years 1 have been here I have received but one Letter in 
Answer to some Hundreds sent to England, that Letter came into the 
hands of a gentleman in Virginia who detained the same till a Messinger 
from me went on purpose for it. 

When 1 came first into Carolina there was a great Mortallity among 
the Cattle mast Plantors lost above half their Stocks which i-aised the 
price of Oxen & Cows double to what they had been before, a mighty 
Storm in the preceeding Autumn destroywl their Corn insomuch that 
there was almost a famine in the land the Year following on the 19*** of 
August we had another which had the same eifect these mischievous 
winds raised the price of Corn to five times the usual rate. Pork from 
45s "^ Barr*** was sold for Five & Six pounds. Never the less a Thousand 
fiamilys came to live in Carolina in the time of my Administration, a far 
greater number would have done the same had they not heard of the Scar- 
cety of provisions we laboured under. The Militia was in strange disor- 
der, in most places no Officers, in other very unfit persons, this I r^ulated 
to the satisfaction of all People. The Justices of the precinct Courts were 
mostly illeterate persons, & of no Authority for which reason I prevailed 
on Co" Mosely, Co" Harvey, Co" Swan, Co" Maule, & other CJentlcmen 
to preside in the Courts of the precincts where they livetl, by this means 
Justice was duely administred, & all disorders in those Courts (very fre- 
quent before) immiHliat^ly ceased, no complaint was made to me & the 
Council, nor Suit brought against any Officer Civil or Military, after the 
new Commissions were given out in March & April the preceeding Year. 

There is great plenty of provisions & Grain this year in Carolina every- 
thing is at a low rate Yet I have not heard of One man come to live in 
this Country since the change of Government, We did expect five or six 



COLONIAL RECORDS. 29 



hundred familys in the New Country, but I fear we shall not now be 
above a tenth part of that Number S' Richard Everard your present 
Grovern' came into Carolina in last July he took the Government upon 
him without acquainting me of his Commission, or Arrival altho' I was 
in the Town when he I^anded, I had made preperation to haven given 
him an Entertainment but his incivility saved me that trouble, his 
behaviour to me has been very unmannerly & base ever since, yet the 
respect I still preserve for your Interest & the good of the Country was 
the cause that I gave my Self the trouble to talk with him upon the 
posture of Affairs in this province, I took an Occasion to tell him that 
if he j)ersever'd in following the Advice of Gale, Lovick & their Gang, 
he would never prosper, I also assui*eil him in the approaching bennial 
Assembly I would use my Utmost to procure what Advantages I could 
for him so took my Leave & went to Cape Fair, when I returned to this 
Town the last of October, I was informed he had made a redicule of my 
Advice therefore I have not taken the least notice of him since I shall 
not trouble your I^ortlships with any more about S' Richard in this paper 
(the Country haveing appointed Agents to inform you at large of his 
proceedings) but that he is over throwing all Order & good Government, 
many Gentlemen, have given up their Commissions publickly declareing 
their Contempt of him & his Actions. 

Great Improvements have been made since I knew the Country in 
husbandry, the unsettledness of Trade has been the Subject of my dis- 
course many days among the mcxst Sul)stantial Men, the conclusion ended 
in a resolution to buy Vessels & carry on a sufficient Trade to Jamaica 
to Supply the Country with Rum, M olossus Salt &c. My removal has 
put an end to this, & many other designs, several Mastei's who sailed 
their own Vessels had Ixnight land with design to bring their ffiimilys 
here have now changed their minds. I must inform Your Ijordships 
that there is in the hands of the Publick Treasurer & Receivers alx)ve 
Two thousand Pounds altho there has been no Tax besides the common 
Levy of five Shillings ^ head, which before my time did not defray the 
publick Charges. 

I always made it my Study (while Grovern') to serve Your Lordships 
& this Country to the Utmost of my ability the hardships I have gone 
thro by Land & Water have been very severe, I have sometimes narrowly 
Escaped starving many times drowning, all my Expeditions were at my 
own proper Cost and Charges, I should give your Lordships too much 
trouble if I Enujuerated the Losses I have sustained since I left London 
for which reason shall say nothing on that lu^d, I brought a large 
flFamily of Servants which I maintained out of my own Stock, the Salary, 



30 COLONIAL RECORDS. 



ffees & Perquisites of this Governm* were not more worth me iu 
Eighteen Months then I could make of One hundred Pounds well laid 
out iu England would produce here, this was Occasioned by some Acts 
of Assembly passed the November l)efore my Evil Destiny brought me 
into Carolina. 

I know but one thing Your Ijordshijxs can take amiss from me, which 
was my appointing Naval Officers, Dunstans ill Ix'haviour Obligetl me 
to do so, l)esides you well know it was my Right, I have heard of many 
Men who have tryed matters of Pmperty with Kings and Queens of 
England without being thought 111 Subjects if any Proprietor had spoken 
a word to me in this man's favor in r(*spect to the Naval Officer of any 
Port in Carolina I should most willingly have given it him, but how 
he can Ixi Naval Officer to four Port.*< (there being so many here) passes 
the understanding of all People in these part*?. 

I stay in this Country in Expi>(^tacon the Complaints of Gale & Lov- 
ick against me will 1x5 sent to Carolina, which I shall he able to prove 
false and Scandalous ; I give your liordships my wonl the I^aw Suit 
between M' Llovd and Ix)vic»k has Ix^en the chief owiLsion of difference 
here, (if not the only one) a large jwirt of Govern' E<lens Eiitate is 
reported to be gone into the hands of Affidavit Men and others as bad, 
it is my Opinion M' Lloyd will never gt»t a Shilling thereof, if your 
Lordshijys make another Secretary, I think Ijovick will Lovick will 
leave the King's Dominions; I shall tarry in these part^ untill next 
April, have nothing to do here, its only to wait for an Op|>ertunity of 
clearing my Character if sullied by any <me. 

Had Your Ix)rdships Unm pleased to let me know the ixason why you 
removed me, it would have lx»en a great satisfaction, for my own j>art as 
I know not any cause vou had for it, am at a loss what induceil von to 
take so hasty a i:esolution of appointing a New Govern', Ijovick & Gale 
with their Crew are Capable of acting or saying any thing, if they have 
aci'used me I think I ought to know what they have laid to my Chai'ge 
if these Men Tax me with any thing unjust, or dishonounible and I am 
not able to justify myself I will patiently submit to ho a Sjicrafict* to my 
own folly & Ignorance, but on the wuitrary of your Lordships fiml that 
I have behaved uprightly and in all things as l)ecomcth a Man of hon- 
our I shall rettjive reparation & satisfaction from Your Ijonlships. 
I am 

Your Most humble 

and Most 01)edient St^rvant 

GEO. BrRRINGTON. 
[Aug., 1729.] 



COLONIAL RECORDS. 31 



[B. P. R. O. B. T. Proprieties. Vol. 32. p. 5.] 



LORDS OF TRADE TO THE PRIVY COUNCIL 

2 SEPTEMBER 1729. 

To the Right Hon"' the Ijords of the Committee of his Maj. most Hon*** 
Privy Council 

My Lords, 

Pursuant to your Lordships Orders of the 31"* of the last month 
referring to us the copy of an Address from the Members of the Coun- 
cil for the Province of North Carolina containing complaints against Sir 
Richard Everard Deputy Governor of that Province as likewise the 
copy of a letter from Sir Richard Everard to his Grace the Duke of 
Newcastle with a copy of Sir Richard's Orders & Resolutions delivered 
to the Council of North Carolina relating to J;he granting of Lands 
there and the filling up of vacant places within that Government, We 
have considered the said several paj)ers whereupon we take leave to 
inform your Ijordships that upon the receipt of complaints against Gov- 
ernors or other Officers in His Maj. Colonies in America We generally 
propose that copies of these complaints should be interchangeably com- 
municated by each party to the other for their respective answers upon 
fiill liberty on both sides freely to examine witnesses upon the place 
where no proofs are produced here in support of their all^ations But 
the charge against Sir Richard being of so high & heinous a nature with 
respect to his Maj. Royal person & government and so unbecoming a 
person to whose care the said Province has been committed whereof how- 
ever no proofs are transmitted to us; W^e humbly propose that the Gov- 
ernor who we presume will soon be nominated for North Carolina have 
copies delivered to him of these complaints and be directed to make strict 
enquiry into the truth thereof that exemplary justice may be done accord- 
ing to the nature of the offences said to have been committed. 
We are 
My Lords 

Your Lordships 
most obedient and 

most humble Servants 

MARTIN BLADEN 

P. DOMINIQUE 

W. CARY 

Whitehall T. FRANKLAND 

Sepf 2* 1729. 



32 COLONIAL RECX)RDS. 



[Reprinted from Revised Statutes of North Carolina, Vol. II, Page 466.] 



AN ACT FOR ESTABLLSHING AN AGREEMENT WITH 
SEVEN OF THE LORDS PROPRIETORS OF CAROLINA, 
FOR THE SURRENDER OF THEIR TITLE AND INTER- 
EST IN THAT PROVINCE TO HIS MAJESTY. 

Whereas, his late Majesty King Charles the second, by his letters pat- 
ent under the great seal of Great Britain, bearing date at Westminster, 
in the fifteenth year of his reign, did grant and confirm unto Edward, 
then Earl of Clarendon, George, then Duke of Albemarle, William, then 
Lord Craven, John, tlien Lord Berkley, Anthony, then Lord Ashley, 
Sir George Carteret, Knight and Baronet, Sir William Berkley, and Sir 
John Colleton, Knt. and Baronet, all since deceased, their heirs and 
assigns, all that Territory or tract of ground, situate, lying and being 
within his said late Majesty's dominions in America, extending from tlie 
North end of the island called Luekar island, which lieth in the Southern 
Virginian seas, and within six and thirty degrees of the Northern lati- 
tude, and to West as far as the South seas, and so southerly as far as the 
river St. Matthias, which bordereth upon the Coast of Florida, and 
within one and thirty degrees of Northern latitude, and so West in a 
direct line as far as the South seas afoi-esaid, together witli all and singu- 
lar ports, harbours, bays, rivers, isles and islets, belonging unto the 
eountr}' aforesaid, and also all the soil, lands, fields, woo<ls, mountains, 
farms, lakes, rivers, bays and islets, situate, or l)eing within tlie bounds 
or limits aforesaid, with the fishing of all sorts of fish, whales and stur- 
geons, and all other royal fishes, in the seas, l)ays, islets and rivers within 
the premises, and the fish therein taken, and nu»rtH>ver all veins, mines, 
quarries, as well disco veixxl as not disi'overed, of gold, silver, gems and 
precious stones, and all other whatsoever, whether of stones, metals or any 
other thing whatsoever, found or to be found, within tlie country, isles, 
and limits aforesaid, and also the patronages and advowsons of all 
churches and chappels, which as Christian religion should increase within 
the countrj', isles, islets and limits aforesaid, should happen thenaft<?r to 
be erected, together with license and power to build and found churches, 
chappels, and oratories, in convenient and fit places, within the said 
bounds and limits, and to cause them to be dedicated and consecrated, 
according to the fkx'lcsiastical laws of the Kingdom of England, together 
with all and singular the like and so ample rights, jurisdictions, privi- 



CX)IX)NIAL RE(X)RDS. 33 



ledges, royalties, prerogatives, liberties, immunities and franchises of 
what kind soever, within the country, isles and limits aforesaid, to have, 
use, exennse, and enjoy, and in as ample manner as any Bishop of Dur- 
ham in the Kingdom of England, ever thentofore had, held, used or 
enjoyed, or of right ought or could have, use or enjoy ; and his said late 
Majesty did thereby for himself, his heirs and successors, make, create, 
and constitute the said Edward, Earl of Clarendon, George, Duke of 
Albemarle, William, Lord Craven, John, Lord Berkley, Anthony, Lonl 
Ashley, Sir George Carteret, Sir William Berkley, and Sir John Colle- 
ton, their heirs and assigns, the true and absolute Lords and Proprietors 
of the country aforesaid, and all others the premises, (saving as therein 
is mentioned,) to have, hold, possess, and enjoy, the said country, isles, 
islets, and all and singular, other the premises, to them the said Edward, 
Earl of Clarendon, George, Duke of All)emarle, William, Lonl Craven, 
John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir 
William Berkley, and Sir John Colleton, their heirs and assigns forever, 
to be holden of his late said Majesty, his heirs and successors, as of his 
mannor of East Greenwich in the county of Kent, in free and common 
soccage, and not in capite, or by knight's service: And whereas, his late 
said Majesty, King Charles the second, by other letters patent, under the 
great seal of England, bearing date the thirtieth day of June, in the 
seventeenth year of his reign, reciting the letters patent herein first 
recited, did grant unto the said Edward, Earl of Clarendon, Greorge, 
Duke of Albemarle, William, Lord Craven, then Earl of Craven, John, 
Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John 
Colleton, and Sir William Berkley, their heirs and assigns, all that 
Province, territory or tract of ground, situate, lying, and being within 
his said late Majesty's Dominions of America, extending North and 
Eastward, as far as the North end of Carahtuke River or Gullet, upon 
a strait Westerly line to Wyonake Creek, which lies within or about the 
duress of thirtysix and thirty minutes North Latitude, and so West in 
a direct line as far as the South Seas, and South and Westward, as far 
as the decrees of twentynine inclusive. Northern latitude, and so West 
in a direct line, as far as the South Seas, together with all and singular 
ports, harbours, bays, rivers and islets belonging unto the Province or 
Territory aforesaid, and also all the soil, lands, fields, woods, farms, lakes, 
rivers, bays or islets situate or being within the bounds or limits afore- 
said last before, with the fishing of all sorts of fish, whales, sturgeons, 
and all other royal fishes in the seas, bays, islets, and rivers, within the 
Premises, and the fish therein taken, together w^ith the royalty of the 



5 



34 CX)LONIAL RECORDS. 



sea upon the coast, within the limits aforesaid, and all veins, mines and 
quarries, as well discovered as not discovere<l, of gold, silver, gems and 
precious stones, and all other whatsoever, be it of stones, metals, or any 
other things, found or to be found, within the Province, territory, islets 
and limits aforesaid, and furthermore the patronages and advowsons of 
all churches and chappels, which as Christian religion should increase 
within the Province, territory, isles and limits aforesaid, should hapi>en 
thenafter to be erected, together with license and power to build and 
found churches, chappels, and oratories in convenient and fit places 
within the said bounds and limits, and to cause them to be dedicated and 
consecrated according to the Ecclesiastical laws of the Kingdom of Eng- 
land!, together with all and singular the like, and as ample rights, juris- 
dictions, priviledges, prerogatives, royalties, liberties, immunities and 
franchises of what kind soever, within the territories, isles, islets, and 
limits aforesaid, to have, hold, use, exercise and enjoy the same, as amply 
and fidly and in as ample manner, as any Bishop of Durham in the 
Kingdom of England ever thentofore had, held, used or enjoyed, or of 
right ought or could have, use or enjoy ; and his said late Majesty, did 
thereby for himself, his heirs and successors, make, create, constitute and 
appoint them the said Edward, Earl of Clarendon, George, Duke of 
Albemarle, William, Earl of Craven, John, Ix)rd Berkley, Anthony, 
Lord Ashley, Sir (Jeorge Carteret, Sir John Colleton, and Sir William 
Berkley, their heirs and assigns, the true and absolute Lords and Pro- 
prietors of the said Province or territory, and of all other the premises, 
(saving as therein is mentioned,) to have, hold, possess and enjoy the said 
Province, territory, islets, and all and singular other the premises, to 
them the said Etlward, Eiarl of C-larendon, George, Duke of Albemarle, 
William, Earl of Craven, John, I^ord Berkley, Anthony, I^)rd Ashley, 
Sir Gei>rge Carteret, Sir John Colleton and Sir William Berkley, their 
heirs and assigns forever, to he holden of his said Maj(«ty, his heirs and 
suci^essors, as of his mannor of East Greenwicli aforesaid, in free and 
common soccage, and not in capite, or by Knight's s(»rvic»e, as in and by 
the said several late recited letters patent, relation being thereunto had, 
may appear; And whereas, the part, share, interest and estate of the 
said Edward, late Earl of Clarendon, of and in the Provinces, territo- 
^ries, islets, hereditaments and premises, in and by the said several recMted 
letters patent granted and comprise<l, is now come unto and Vesteil in 
the Honorable James Bertie, of the parish of St. John the Evangelist, 
in the liberty of Westminster, in the county of Middlesex, Esijuire, of 
his own Right; and the part, share, interest and estate, of the said 



COLONIAL RECORDS. 85 



George, late Duke of Albemarle, of and in the same premises, is come 
unto and vested in the most noble Henry now Duke of Beauford, and in 
the said James Bertie, and the Honourable Dodington Greville, of Bul- 
ford, in the county of Wiltz, Esquire, the two surviving Devisees named 
in the will of the most noble Henry late Duke of Beauford, in trust for 
the present Duke of Beauford, and for the right honourable Charles 
Noell Somerset, his brother, an infant; and the part, share, interest and 
estate of the said William, late Earl of Craven, of and in the same 
premises, is come unto and vested in the right Honourable William now 
Lord Craven ; and the part, share, interest and estate, of the said John 
late Lord Berkley, of and in the same premises, is now come unto and 
vested in Joseph Blake, of the Province of South Carolina, in America, 
Esquire ; and the part, share, interest and estate of the said Anthony, 
late Lord Ashley, of and in the same premises, is now come unto and 
vested in Archibald Huti^heson, of the Middle Temple, London, Esquire, 
(in trust for John Cotton of the Middle Temple, Loudon, Esquire,) and 
the part, share, interest and estate of the said late Sir John Colleton, of 
and in the said, premises, is now come unto and vested in Sir John Colle- 
ton, of Exmouth, in the cx)unty of Devon, Baronet; and the part, share, 
interest and estate of the said late Sir William Berkley, of and in the 
same premises, is now (x)me unto and veste<l in the Honourable Henry 
Bertie, of Dorton, in the county of Bucks, Esquire, or in Mary Danson, 
of the Parish of St. Andrews, Holbourne, in the county of Middlesex, 
Widow, or in Elizabeth Moor, of London, Widow, some or one of them ; 
and the said Henry now Duke of Beauford, and the said James Bertie 
and Dodington Greville, as trustees in manner aforesaid, some or one of 
them, is or are seized in fee of and in one full undivided eighth part, 
(the whole into eight equal parts to he divided) of the premises, in and 
by the said rec^ited letters patent, granted and comprized ; and the same 
James Bertie, in his own Right, is now seized in fee, or of some other 
estate of inheritance, of and in one other full undivided eighth part; and 
each of them the said William Ijord Craven, Joseph Blake, Archibald 
Hutcheson, as trustee for the said John Cotton, Sir John Colleton, and 
the said Henry Bertie, Mary Danson, and Elizabeth M(K)r, some or one 
of them, is or are respectively seized in fee, or of some other estate of 
inheritance, of and in one other full undivided eighth part, of and in the 
said Provinces, territories, and premises, islands and hereditaments; the 
remaining eighth i)art or share of and in the said Provinces, territories 
and premises, which formerly lx»longing to the said Sir George Carteret, 
being now vested in the right Honourable John Lord Cartere*t, Baron of 



36 COLONIAL RECORDS. 



Hawes, his majesty's Lieutenant General and Governour of the King- 
dom of Ireland ; And whereas, by a Judgment or Order of the House 
of Lonls, made the twentyseventh day of March, last past, upon the 
appeal of the said Mary Danson, Widow of John Danson, Esquire, 
deceased, from a decree of the high Court of Cliancery, made the seventh 
day of November one thousand seven hundred and twenty one, and from 
a subsequent order of the fifteenth day of January, one thousand, seven 
hundred and twentythree, it was ordered and adjudged, that the said 
decree and subsequent order, complained of in the said appeal, should be 
reversed ; and it being offered on the part of the appellant, to pay the 
respondent, the said Henry Bertie, the money that he paid for the pur- 
chase of the Proprietorship, in question in the said cause, together with 
interest for the same, it was thereby further ordered, that the Court of 
Chancery should direct and cause an enquiry to be made, what was the 
principal sum of such purchase money, and from the time of payment 
thereof, to compute the interest for tlie same ; and on the appellant's pay- 
ment of what shall he found due for such principal money and interest, 
to the said Henry Bertie, it was further ordered and adjudged. That he 
shall convey tlie said Proi)rietorship, te her and her lieirs, and also that 
the respondent Elizabeth Moor, should likewise by proper conveyances, 
at tlie charge of the appellant, convey all lier Right to the said Proprie- 
torship, to the appellant, and her heirs ; And whereas, since the making 
of the said recited several letters patent, the Lords Proprietors of the 
Provinces and Territories aforesaid, for the time being, have made divers 
grants and conveyances, under their common seal, of several Offices, and 
also of divers parcels of land, situate within the said Provinces and ter- 
ritories, to several persons, under certain quit rents, or other rents, thereby 
respectively reserved, and subject to several conditions, limitations or 
agreements, for avoiding or determining the estates of the Grantees therein 
mentioned, some of which may have become forfeited, and have also 
made divers grants of several Baronies, or large tracts of land, lying 
within the said Provinces or Territories, unto and for the use and benefit 
of several of tlie Lonls Proprietors, or those under whom they claim, to 
be held and enjoyed by them and their heirs in severalty ; eight of which 
Baronies, so granted as aforesaid, do now remain vested in the said Henry 
now Duke of Beauford, or in the said James Bertie and Dodington Gre- 
ville, as trustees for tlie purposes aforesaid, or in some or one of them ; 
eight other of the said Baronies in the said William I^rd Craven ; six 
of the said Baronies in the present Sir John Colleton ; six other Baronies 
in tlie said Archibald Huteheson, (as trustee for the said John Cotton ;) 



COLONIAL RECORDS. 37 



and six other Baronies in the said Joseph Blake; each of the said Baro- 
nies containing or being mentioned or intended to contain twelve thou- 
sand acres of land, or thereabonts, except one of the said Baronies now 
vested in the said William Lord Craven, which contains, or is mentioned 
to (X)ntain eleven thousand acres of land or thereabouts; And whereas, 
the said Henry, now Duke of Beauford, William, Lord Craven, James 
Bertie, Henry Bertie, Sir John Colleton, and ArcJiibald Hutcheson, (who 
is trustee for the said John Cotton, as aforesaid,) being six of the present 
Ix>rds Proprietors of the Province and territory aforesaid, have by their 
humble petition, to his Majesty in Coumnl, offeral and proposed to sur- 
render to his Majesty, their said respective shai*es and interests, not only 
of and in the said Govenmient, Francrhises and Royalties, in and by the 
said recited letters patent granted, but also all the right and pn)perty they 
have in and to the soil in the aforesaid Provinces or territories, under the 
said several recited letters patent, or either of them ; and also did further 
propose to make an entire surrender to his Majesty of their right to all 
the lands which they hold under the said grants, made by the Ix)rds 
Proprietors as aforesaid, (except only one Barony, belonging to 
the present Sir John Colleton, which hath been settled and im- 
proved by his son) and also their right and interest in all lands, 
granted and conveyed to other persons as aforesaid, which, by not 
being improved within the time limited in the said grants or con- 
veyances, or for any other reason, would revert to them, praying; 
That in consideration of such surrender, his Majesty would be pleased 
to direct, and to cause to be paid to each of them, the said Henry 
Duke of Beauford, William Lord Craven, James Bertie, Henry Bertie, 
Sir John Colleton, and Archibald Hutcheson, the sum of two thousand 
five hundred pounds apiece, without any deduction ; And whereas, Sam- 
uel Wragg, of London, Merchant, being duly authorized by letter of 
attorney, under the hand and seal of the said Joseph Blake, bearing date 
the eleventh day of July, one thousand seven hundred and twentyeight, 
hath proposed for and on behalf of the said Joseph Blake, to surrender 
and convey unto his Majesty, his heirs and successors, all the estate, right 
and interest of the said Joseph Blake, in and to the premises, upon pay- 
ment of the like sum of two thousand five hundred pounds, to the said 
Joseph Blake without any de<luction ; And whereas, they the said Henry, 
Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, 
Sir John Colleton and Archibald Hutcheson, who is a trustee for the 
said John Cotton as aforesaid, have laid Ixifore a Committee of the Lords 
of his Majesty's most honourable privy council, an estimate of all the 



38 COLONIAL RECX)RDS. 



Arrears of quit rents and other rents, and sum and sums of money now 
due and owing to them and the said Joseph Blake, and to the said John, 
Lonl Carteret, which estimate, as computed, amounts to the sum of nine 
thousand five hundred pounds ; and they the said Henry, Duke of Beau- 
fortl, I»ix:l Craven, James Bertie, Henry Bertie, Sir John Colleton and 
Archilwild Hutc'heson, have likewise humbly proposed ; That if his Majesty 
would please to allow the sum of five thousand pounds for the said arrears, 
(over and alK)ve the said several sums of two thousand five hundred 
pounds, to be i>aid to them respectively) they were willing to assign and 
make over to his Majesty, the right and title to the said arrears, and all 
other demands whatsoever, which they have or can have, upon the far- 
mers, tenants, or inhabitants of the l^rovinces or territories aforesaid, or 
of any of them; And whertus, the said Samuel Wrtigg, for and on the 
liehalf of the said Joseph Blake, hath projxised to assign to his Majesty, 
all the right and interest of the said Joseph Blake, in and to the said 
arrears and demands, ujxm the terms aforesaid ; And whereas his Ma- 
jesty, taking into his royal (X)nsideniti(m the great im])ortance of the said 
Provinces and territories, to the trade and navigation of this kingdom, 
and l)eing desirous to j)n»mote the same, as well as the welfare and secu- 
rity of the said Provinces and territories, by taking them under the more 
imme<liate Government of his Maji^ty, his heirs and sui'cessors, hath 
been graciously pleased to accept of the said several projHxsals, and to 
agree to the same, with such variations as are hereinafter mentioned ; 
And whereas, from the nature of the restK'trtive estates and interests, pro- 
pose<l and agn^l to be surrendered to his Majesty as aforesaid, great dif- 
ficulties may arist* in the manner of conveying the. same, and it is just 
and necessary that the j>arts and shares of the said Provinces and t4»rrit<H 
ries, so pro|)oscil and agreed to Ik* surrendere<l, should lx» secured, to his 
Majesty, his heirs and successors, which cannot effectually 1h* done and 
attained without the authority of Parliament ; Jie it enacted, by the King's 
most exci*llent Majesty, by and with the (»onsent and advice of the I^onls 
spiritual and temporal, and Commons in this present Parliament, and by 
the authority of the same, that all those seven undivideil eighth i)arts, 
(the whole into eight et[ual jwrts or shares to Ix^ divideil) and all other the 
jwrt or share, jiarts or shares, intei*est and estates of them the said Henry 
Duke of Beanford, William Ijord Craven, James IV»itie, DcKlington Cire- 
ville, Henry Bt^rtie, Mary Dans<m and Elizal)eth M<H)r, Sir John C-olle- 
t4m, Archilxild Hutc.heson, as tnistee for the said John Cott4m, and Joseph 
Blake, and «u*h of them, of and in the aforesaid Provinit^i and territo- 
ries, (hIUhI Carolina, and all and singular the royalties, franchisees, lands. 



COLONIAL RECORDS. 39 



tenements, and hereditaments and premisses, in and by the said several 
recited letters |>atont,or either of them, granted or mentioned or intended to 
be granted, by his said late Majesty, King Charles the second, to the said 
Edward, Ei^rl of Clarendon, George, Dnke of Albemarle, William, Earl 
of Craven, John Lonl Berkley, Anthony, I^)rd Ashley, Sir George Car- 
teret, Sir John Colleton, decx^astnl, and Sir William Berkley, and their 
heirs and assigns, as aforesaid, with their and every of their rights, mem- 
bers, and appurtenances, and also all .such jx)W'ers, liberties, authorities, 
jurisdictions, preemkicnoes, liwn.ses, and priviledges, as they tlie said 
Henry, Duke of Beauford, William, Ijord Craven, James Bertie, Doding- 
ton Greville, Henry Bertie, Mary Danson, Elizalx*th Moor, the present 
Sir John Colleton, the said Archibald Hutcheson, as trustee for the said 
John Cotton, and Joseph Blake, every or any of them, can or may 
have, hold, use, exercise or enjoy, by virtue of, or under the said recited 
letters patent, or either of them, and also all and singular Baronies, tracts 
and parcels of land, tenements and hereditaments, which they the said 
Henry, Duke of Beauford, William, Lord Craven, James Bertie, Doding- 
ton Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the pres- 
ent Sir John Colleton, the said Archibald Hutcheson, as trustee for the 
said John Cotton, and Joseph Blake, any or either of them, are or is 
seized or possessed of, or entitled unto, within the said Provinces or ter- 
ritories ; except all such tracts of land, tenements and hereditaments, as 
have been at any time before the first day of January, one thousand, 
seven hundred and twentyseven, granted or conveyed by, or comprised 
in any grants, deeds, instruments or conveyancx^, under the common seal 
of the said Lonls and Proprietors, either in England or in the Province 
aforesaid; and also, except all such plantations and lands as are now in 
the possession of the said Joseph Blake, his under tenants or assigns, by 
virtue of grants formerly made by the said Tjords Proprietors of the said 
Pnjvinces, for the time being, to other persons, and since «)nveyed to, br 
vested in the said Joseph Blake; And also, except all that Barony and 
tract of land containing twelve thousand acres or thereal)outs, the posses- 
sion whereof hath some time since been delivered by the present Sir John 
Colleton, unto Peter Colleton, Ksquire, his second son; and all that 
other Barony or tract of land, containing tAvelve thousand acres or there- 
abouts, some time since CH)nveyed by Sir John Tyrrell, Baronet (formerly 
owner of the said eighth part or share now l>elonging to the said Archi- 
bald Hutcheson, as trustee for the said John Cotton,) to William Wight, 
Y^fi. and his heirs : Provided, that the l>efore mentioned exceptions or 
any of them, shall not include or extend to any lands, comprised in any 



40 CX)TX)NIAL REC(3RI)S. 



grant or granb*, made cither in England or Carolina, under the t^nimon 
st»al of the Tx)rd.s Proprietors for the time Ixjing, which since the making 
such grant or grants, have l)ecome forfeited by virtue of any clauses con- 
tained therein, or to any of the Baronies, herein before recited or men- 
tioned to ha still remaining and vested in the sjiid Henry, Duke i>f Beau- 
fortl, and in the said James Bertie and Dixlington Greville, as tnistees, 
some or one of them, and in the said William, Lonl Craven, the j)resent 
Sir John Colleton, and the said Archibald Hutcheson, as trustee for the 
said John w)tton, resjKictivcly, nor to any rents, sc^rvic^-w, seignioric»s, or 
rights to escheats, reserved uj>on, or incident to any such grant or grants, 
or any lands or estates thereby grante<l, all such forfeited lands, and all 
such rents, seigniories, and rights of escheat, reserved upon or incident 
to any such grant or grants, or any lands and estates thcrt^by granted, 
and also. the Baroni(»4 htst l>efore mentioned, l>eing hereby intt^'iided to Ixi 
vested in the j>ersons, and for the pnrj>oses hereinafter mentioned, and 
the reversion and rt^versions, remainder and remainders, yearly, and other 
rents, issues and profits, of the same parts or shans. Baronies, Ijands, 
tenements, hereditaments and premises, so as aforesjiid prt»|K>sed and 
agrewl to be surrendertnl to his Majesty, and of every part and parcel 
thereof; and also all the (^Uite, title, intc»rest, trust, projKirty, right of 
action, right of entry, claim and demand whatsoever, of them the said 
Henry, Duke of Beauford, Wilh'am, Loixl C^raven, James Bertie, Doding- 
ton Greville, Henry I^rtie, Mary Danson and Eh'zalH'th M<K)r, th(? j)rt\s- 
ent Sir John C\>llet4)n, the said An'hibald HutclR^son, John Cott4^)n and 
Joseph Blake, and eiurh of them, of, in, unto or out of the sjune, every or 
any part and parcel thereof, by virtue of the siiid several retn't^xl letters 
patent, or either of them, or any grant, assignment, (conveyance, or assur- 
ance, made under, or by fon^- of the same recrited letters patent, or either 
of them, or otherwise hows<Hiver, shall, from and after the first day 
of June, (me thousand seven hnndred, and twentynine, l)e vestal and 
settled, and the same is hereby vested and settlcKl, in and uj)on Pxlwanl 
Bertie of Gray's Inn, in the county of Middlesex, Sjimuel Horsey of 
the Parish of St. Martins in the fields, in the county of Middlesex, Henry 
Smith of Caversham, in the county of Oxon, and Alexius Clayton, of 
the Middle Temple, London, Esquires, to the only us<^^ of them the said 
Exlward Bertie, Henry Smith, Samuel Hors(»y, and Alexins Clayton, 
their heirs and assigns, freed and discharged and ab*4olut<*ly a«juitted, 
exempted and indemnified, of and from all estates, uses, trusts, intails, 
reversions, remainders, limitations, charges and incumbrances, titles, 
claims, and demands whatsoever ; But nevertheless uj>on trust, and to the 



COLONIAL RECORDS. 41 



intent that they the said Edward Bertie, Samuel Horsey, Henry Smith, 
and Alexius Clayton, and the survivor or the survivoi*s of them, and the 
heirs of such survivor, upon payment by his majesty, his heirs or suc- 
cessors to the said Edward Bertie, Samuel Horsey, Henry Smith, and 
Alexius Clayton, or to the survivors or to the survivor of them, or the 
executors or ailministrat(3rs of such survivor, of the sum of seventeen thou- 
sand, five hundred pounds, free and clear of all deductions, on or before 
the twentyninth day of September, in the year of our Lord, one thousand, 
'seven hundred and twentynine, shall and do, by deed, indented, and to 
be enrolled in his Majesty's High Court of Chancery, surrender, convey 
and assure unto his Majesty, his heirs and successors, all and singular, 
the said seven eighth parts or shares, (the whole into eight equal parts tc» 
be divided) and all other the parts or shares, interest and estates, of and 
in the aforesaid Provinces or territories, and all and singular the premises, 
hereby vested in them the said Edward Bertie, Samuel Horsey, Henry 
Smith, and Alexius Clayton, and their heirs as aforesaid, which said sum 
of seventeen thousand five hundred pounds, they the said FMward Bertie, 
Samuel Horsey, Henry Smith and Alexius Clayton, the survivors or the 
survivor of them, or the executors and administrators of such survivor, 
shall immediately after receipt thereof, pay, apply, and dispose of in 
maimer hereinafter mentioned ; That is to say, the sum of two thousand 
five hundred pounds, part thereof, to the said James Bertie and Dodington 
Greville, triLstees as aforesaid, or to the survivor of them, or to the exec- 
utors or administrators of such survivor; two thousand five hundred 
pounds, or other part thereof, t<j the said William, Lord Craven, his 
executors or administrators ; two thousand five hundred pounds, other 
part thereof, to the said James Bertie, of his own right, his executors or 
administrators; two thousand five hundred pounds, other part thereof, 
unto such person or persons, and in such shares and pmportions as the 
same, according to the tenor, purport and true meaning of the said order 
or judgment of the House of I^ords, ought to be paid and applied; 
two thousand five hundred pounds, other part thereof, to the said Sir 
John Colleton, his executors or administrators; two thousand five hun- 
dred pounds, other part thereof, to the said John Cotton, his executors 
or administrators ; and two thousand five hundred pounds, the residue 
thereof, to the said Samuel Wragg, for the use of the said Joseph Blake, 
or to the said Joseph Blake, his executors or administrators. 

And bc'it further enacted, by the authority aforesaid, that from and 
after payment of the said sum of seventeen thousand five hundred pounds, 
to the said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius 
6 



42 COLONIAL RECORDS. 



Clayton, the survivors or the survivor of them, or the executors or admin- 
istrators of such survivor, and after the execution of the said surrender 
and conveyance to his Majesty, his heirs and successors, shall have, 
hold and enjoy, all and singular the said seven eighth parts or shares, 
(the whole into eight equal parts to be divided) and all other the parts 
or sharcH, interests and estates, of and in the aforesaid Provinces or 
territories, and all and singular the premises hereby vested in them the 
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, 
and their heirs as aforesaid, freed and discharged, and absolutely acquit- 
ted, exempted and indemnified of, from and against all estates, uses, trusts, 
intails, reversions, remainders, limitations, charges, incumbrances, titles, 
claims and demands whatsoever. 

And be it further enacted, by the authority aforesaid, that seven eighth 
parts, (the whole into eight equal parts to be divided) of all and every 
the said arrears of quit rents, and other rents, sum and sums of money, 
debts, duties, accounts, reckonings, claims and demands whatsoever, now 
due and owing to them the said Henry, Duke of Beauford, or the said 
James Bertie and Dodington Greville, trustees as aforesaid, and to the 
said John, Lord Carteret, William, Lord Craven, James Bertie in his own 
right, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colle- 
ton, Archibald Hutcheson, John Cotton or Jaseph Blake, or any of them, 
(whether the same be more or less, than is computed as aforesaid) and all 
and every other parts or shares, of the said Henry, Duke of Beauford, 
James Bertie and Dodington Greville, trustees as aforesaid, William, 
Lord Craven, James Bertie in his own right, Henry Bertie, Mary Dan- 
son and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John 
Cotton and Joseph Blake, or any of them, of or in the said arrears, 
or which they or any of them, their or any of their heirs, executors, 
administrators or assigns, now have, or can or may have, claim, chal- 
lenge or demand of or from the farmers, tenants and inhabitants, of 
the Provinces or territories aforesaid, or any part thereof, or any of 
them, shall, from and after the said first day of June, in the year of our 
Lord, one thousand seven hundred and twentynine, be vested in the 
said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clay- 
ton, the survivors and survivor of them, and the executors or adminis- 
trators of such survivor, upon trust, and to the intent that they the 
said Edward Bertie, Samuel Horsey, Henry Smith, and Alexius Clay- 
ton, the survivors or the survivor of them, and the executors and admin- 
istrators of such survivor, shall, upon payment by his Majesty, his heirs 
and successors, of the sum of five thousand pounds of lawful money of 



CX)LONIAL RECORDS. 43 



Great Britain, free and dear of all deductions, on or before the said 
twenty ninth day of September, in the said year, to the said Edward 
Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the survivors 
or the survivor of them, or the executors or administrators of such sur- 
vivor, by deed indented and to be enrolled in his Majesty's High Court 
of Chancery, grant and assign to his Majesty, his heirs and successors, all 
and every the said seven eighth parts or shares, (the whole into eight 
equal parts or shares to be divided) and all other parts or shares of the 
said arrears, hereby vested in them the said Edward Bertie, Samuel Hor- 
sey, Henry Smith, and Alexius Clayton. 

And whereas, the said Henry, Duke of Beauford, William, Tjord Cra- 
ven, James Bertie, Henry Bertie, Mary Danson, Dodington Greville, Sir 
John Colleton, John Cotton and Joseph Blake, are desirous that the said 
sura of five thousand j)ound8 should be applied in manner hereinafter 
mentioned. 

Be it further enacted^ by the authority aforesaid, that the sum of five 
thousand pounds, after receipt thereof shall be issued and paid by the 
said Exlward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, 
or the survivors and survivor of them, and the executors and administra- 
tors of such survivor, to such of the officers, agents or servants of the 
Ijords Proprietors, or to such other j^erson or persons, and for such pur- 
I>oses as the said Henry Duke of Beauford, William, Lord Craven, James 
Bertie, Henry Bertie, Mary Danson, Sir John Colleton, Jolin Cotton and 
Joseph Blake, their executors or administrators, or any four or more of 
them (the executors or administrators of each of them, to be accounted 
only as one) shall by writing or writings, under their hands, from time 
to time direct and appoint. 

And be it farther enacted, by the authority aforesaid, that from and 
afl^r payment of the said sum of five thousand pounds, unto the said 
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, the 
survivors or the survivor of them, or the executors or administrators of 
such survivor, and aft«r the execution of the said grant and assignment 
of the said parts or shares, of the said arrears, hereby directed to be made 
as aforesaid, his Majesty, his heirs and successors, shall and may have, 
receive and enjoy the said seven eighth parts or shares (the whole into 
eight equal parts to be divided) and all and every other parts and shares 
of the said arrears of quit rents, and other rents, sum and sums of money, 
debts, duties, accounts, reckonings, claims and demands, hereby vested in 
the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius 
Clayton, and shall and may have, use and pursue such and the like reme- 






44 COLONIAL RECORDS. 



dies for recovery thereof, as fully and effectually as the said Henry, 
Duke of Beauford, Williiun, lA)rd Craven, James Bertie, Henry Bertie, 
Mary Danson, Dodington Greville, Sir John Colleton, Archibald Hutche- 
son, John Cotton and Joseph Blake, any or either of them, might have 
had, used or pursued if this act had not l)een made. « 

Ayid be Ufuiiher ejiacted, by the authority aforesaid. That the receipt 
or receipts of Uie said Edward Bertie, Samuel Horsey, Henry Smith and 
AlexiiLs Clayton, the survivors or the survivor of them, or executors or 
administrators of such survivor, under their hands, or his hand or hands 
re8i)ectively, shall l)e a sufficient discharge to his Majesty, his heirs and 
successors, of and for tlie said several sums of seventeen thousand five 
hundred pounds, and five thousand {>ounds, or so much thei'eof or of 
either of them, as such receipts or I'cceipt shall be given for; and that 
his Majesty, his heirs and successors, upon and after such receipts or 
re«?ipt, given as aforesaid, shall be absolutely acquitted and dischargeil 
of and from the said monies and shall not ho answerable or accountable 
for any loss, non-application or misapplication of the said money, or of 
any part thereof. 

Provided ahcays, ami it w hereby declared and etuictedy by the authority 
aforesaid, that the receipt or receipt* of the said James Bertie, or D(k1- 
ington Greville, or the survivor of them, his executors or administrators, 
under his or their hand or hands respectively, shall \ye a sufficient dis- 
charge to the said Iklward Bertie, Samuel Horsey, Henry Smith, and 
Alexius Clayton, their executors or administrators, for the said sum of 
two thousand five hundred pounds, payable to them for the said eighth 
jMirt or share of the said Provinces, territories, royalties, lands and 
hereditaments, which was vested in the said Henry late Duke of Beau- 
ford, and the said sum of two thousand five hundred pounds, shall l)e and 
remain subject to the trusts reposed in them by the will of the said late 
Duke, or otherwise, concerning the eighth part or share, but the said 
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their 
heirs, executors, or administrators, shall not be answerable or accountable 
for any loss or misapplication thereof, or of any part thereof. 

Provided idaOj and it is hereby declared and enacted. That the said 
Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, 
shall not, nor shall any of them, or the executors or administrators of 
any of them, Ik? answerable or accountable for any money to be received 
by virtue of or under the trusts hereby reposed in them, any otherwise 
than each person, his executors or administrators, for such sum or sums 
of money as lie or they shall respectively actually receive, and none of 



CX)LONIAL RECORDS. 45 



them shall be answerable or accountable for the acts, receipts, neglects, or 
defaults of the other of theiu ; and also that they, the said Edward 
Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, their execu- 
tors or administrators, shall and may, out of the money hereby directed 
to be paid to them as aforesaid, retain and reimburse themselves for all 
cx>sts, charges, damages and expenses, that they respectively shall sustain 
or be put unto, in and about the execution of the trusts hereby in them 
re|K>sed. 

And whereas thei'e is due and owing to the King^s most excellent 
Majesty, for arrears of rents reserved by the said several recitetl letters 
patent, or one of them, several sums of money, computed to amount to 
three hundred pounds or upwards; Now it w liereby further enacted and 
deelaredy by the authority aforesaid, that the said Henry, Duke of Beau- 
ford, William, Lord Craven, James Bertie, Dodington Greville, Henry 
Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, 
Archil)ald Hutcheson, John Cotton and Joseph Blake, and every of 
them, their and every of their heirs, executors and administrators, 
respectively, from and immediately after the said twenty ninth day of 
September, one thousand seven hundred and twenty nine, (in case the 
said sums of seventeen thousand five hundred pounds, and five thousand 
pounds, shall then Ix^ paid and satisfied, and the sale hereby intended 
shall be then compleated) shall lie, and are hereby fully and absolutely 
acquitted and discharged of and from all arrears of rent whatsoever, due 
or owing upon or by virtue of the said reciteil letters patent, or either 
of them. 

Provided alvxiySy and it is hereby further enacted and declared, by the 
authority aforesaid, that if his Majesty, his heirs and successors, do not 
or shall not, on or before the said twentyninth day of September, one thou- 
sand seven hundred and twentynine, well and truly pay or cause to be 
paid, both the several sums of seventeen thousand five hundred pounds, 
and five thousand |K)unds in manner aforesaid, and according to the true 
meaning of this act, that then they the said Edward Bertie, Samuel Hor- 
sey, Henry Smith and Alexius Clayton, or the survivors or survivor of 
them, or the heirs, executors or administrators of such survivor, shall 
not make such surrender, assignment, or conveyance of the said seven 
eighth parts or shares of the said Province or territories, and of the said 
arrears, or either of them, to his Majesty, his heirs or successors, as 
hereby is directed, but shall from and after the said twentyninth day of 
September, one thousand seven hundred and twentynine, stand and be 
seized of and possessed of all and singular the premises hereby in them 



46 COLONIAL RECORDS. 



vested, to the only proper use and behoof of them, the said Henry, 
Duke of Beauford, William, Lord Craven, James Bertie, Dodington 
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir 
John Colleton, John Cotton and Joseph Blake, and every of them, and 
of their and every of their heirs, executors, administrators and assigns, 
in such shares and proportions, and according to such respective righte 
and interests as they severally had, or could have been entitled to, in and 
unto the same premises, in case this act had never been made, and to and 
for no other use or trust, intent or purpose whatsoever. 

Saving and reserving to all and every person or persons, bodies poli- 
tick and corporate, their heirs, successors, executors, administrators and 
assigns, other than and except the said Henry, Duke of Beauford, Wil- 
liam, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, 
Mary Danson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, 
John Cotton and Joseph Blake, their respective heirs, executors or admin- 
istrators, and the heirs of their resj)cctive bodies, and all and every per- 
son and persons, claiming or to claim any estate and interest in the prem- 
ises, or any part thereof, in remainder or reversion, expectant ujwn or 
after the determination of any estate tail, vested in them the said Henry, 
Duke of Beauford, William, Ijord Craven, James Bertie, Dodington 
Greville, Henry Bertie, Mary Danson, Elizabeth Moor, Sir John Colle- 
ton, Archibald Hutcheson, John Cotton and Joseph Blake, or any of 
them, and all and every person and persons claiming, or to claim any 
estate or interest in the premises, or any part thereof, by or under the 
title of the said Henry, late Duke of Beauford, deceased, such satisfac- 
tion and recompense as is hereinaftx?r mentioned, for all such estate, right, 
title, interest, property, claim or demand whatsoever, in, to or out of the 
premises, or any part thereof, as they or any of them, now have, or 
might have had or been entitled to, in case this act had never been made. 

Provided always, and be it further enadedy by the authority aforesaid, 
That if any person or persons (other than and except the persons herein 
before excepted) who now have or shall have any estate, right, title, 
interest, claim or demand, either in law or in equity, of, in, to or out of 
the premises herein vested as aforesaid, or any part thereof, shall, within 
the space of seven years aftx?r the same shall be conveyed unto and vested 
in his Majesty, his heirs and successors as aforesaid, commence and prose- 
cute any action or suit either in law or equity, by i)etition of right, Eng- 
lish bill or otherwise, against his Majesty, his heirs or successors, or the 
proper officer or officers on his or their behalf, wherein such persons 
might or ought to have rei'overed the premises hereby vested as afore- 



COLONIAL RECORDS. 47 



said, or any part thereof, or any estate, interest or -demand, in or out of 
the same, the court wherein such suit or action shall be commenced or 
depending, shall and may adjudge or decree, that such person or persons 
shall recover against his Majesty, his heirs or successors, such sum or 
sums of money, as his or their estate, interest or demand in or about the 
premises hereby vested as aforesaid, shall by the same court be valued at 
and determined to amount unto, in full satisfaction for such estate, inter- 
est or demand ; in making which valuation the said court shall estimate 
one full eighth part of the premises hereby vested as aforesaid, to be of 
the value of two thousand five hundred pounds,. and no more, and shall 
rate and ascertain the value of such estate, interest or demand, in pro- 
jwrtion thereunto. 

Saving and reserving always to the said John, Lord Carteret, his 
heirs, executors, administrators and Assigns, all such estate, right, title, 
interest, property, claim and demand whatsoever, in, unto or out of, one 
eighth part or share of the said Provinces or territories, with all and sing- 
ular the rights, members and appurtenances thereof, and of, in and to 
one eighth part or share of all arrears of quit reuts, and other rents, sum 
and sums of money, debts, duties, accounts, reckonings, claims and de- 
mands whatsoever, now due and oweing to the present Lords Proprietors 
of the said Provinces and territories, and all such other rights, titles, 
priviledges and powers whatsoever, as the said John, Lord Carteret, his 
heirs, executors or administrators naw have or might have had or been 
entitled unto, in case this act, and the conveyance herein before directed 
to he made to liis Majesty, his heirs and successors, or either of them, 
had not been, or should not be made. 

Saving also to all and every person and persons having or lawfully 
claiming any office or offices, place or places, employment or employ- 
ments, by or under any grant or grants thereof made before the said first 
day of January, one thousand seven hundred and twenty seven, under 
the common seal of the said Lords Proprietors, either in England or in 
the Provinces aforesaid, all such estate, right, title and interest in or to 
such office or offices, place and places, employment and employments, as 
they or any of them now have or might have had, or been entitled unto, 
in case this Act had never been made. 



48 CX)LONIAL RECORDS. 



[From North Carolina Letter Book op S. P. G.] 



GOV EVKRARI) TO THE BISHOP OF LONDON 

Edknton Oct. 12. 1729 

My Lord 

When I fiiid Cinakors <t Baptists flourish amongst the N** Carolinians, 
it behoved me that am the Gov' here to enquire & look into the Origi- 
nal cause, which on the strictest examination & nicest scrutiny I can 
make, find is owing to the want of Clergymen amongst us. We in this 
great Province have never a one, & truly my Lord both Quakers & Bap- 
tists in this vacancy are very busy makeing Proselytes & holding met^t- 
ings dailv in everv Part of this Gov*. Indeed one New Countv next 
Virginia is well supplied by the Indefatigable Pains <fe industry of the 
Rev* M' Jones of Nansemond who has the Character of a Pious, Good 
& Worthy man but he is old & infirm. My Lord, when I c»ame first 
here, there was no Dissenters but Quakers in the Gov* <t now by 
the means of one Paul Palmer the Baptist Teacher, he has gained hun- 
dreds & to prevent it, tis impossible, when I have a Secretary, one John 
Lovick, that makes a jest of all religion & values not noi> GckI, man, 
nor Devil a true enthusiast: when I promoted building the Church, he 
was the only man that hindered it, laid so many stumbling blocks in the 
way, it was impossible to go alK)ut it then, & I very much fear whilst he 
is in the Gov* none will l)o built, he may truly he called the Reinora to 
all religion & goodness. His original was a footl)oy to the Former Gov' 
M' Hyde, & by making friends got also to be recommende<l to M' Exlen 
who in the affair of Thatch the Pirate, made him act the Part of an affi- 
davit man, but that being before my time, don't personally know it, but 
have it credibly attested by Honest Living Evidenws of gocnl veracity, 
this is the Man that at Present rules everything. Yea even our Religion 
&c, but hope thro' your I^ordship's assistance to throw off this heavy 
yoke & banish him to a place where he may have less power to Perpetrate 
his rogueries & we have the free liberty of a good Clergy & our religion 
& freedom, which is the sincere & hearty Pravcr of. Mv liord 
Your LonUliip's most dntifiil &. most OW son & servant 

WWW EVERARI) 



COLONIAL RECORDS. 49 



[B. P. R. O. Am: A W: Ind: Vol: 22. p. 6.] 



EXTRACT OF A LETTER FROM M' PORTER TO GOV- 
ERNOUR BURRINGTON. DATED NORTH CARO- 
LINA 30*^ NOVEMBER 1729. 

Our Session ended last Thursday, when Sir Richard confirmed several 
Laws, one among the rest for raising 30000£ Paper Currency, who has 
a Present for so doing of 500£. How this litter Conduct will be approved 
of in England, in respect it breaks one of the articles of his Instructions, 
we are at a loss to judge. 

I prevailed with him for near a Twelvemonth last past to stop War- 
rants and Patents for Land, till his Majesty's Pleasure was further 
known ; himself having wrote the Duke of Newcastle his Reasons as 
well as his Resolutions on that occasion, which now he is every day 
breaking through by signing Patents 



[B. P. R. O. B. T. South Carolina. Vol: 4. C. 71.] 



LORDS OF TRADE TO THO: LOWNDES. 

8"* DECEMBER 1729. 

S' 

With the greatest deflTerence I b^ leave to observe to your Lordships, 
that exact Charts of all the Sea Coast and Bays and Soundings of all the 
Harbours of his Majesties American Dominions and Maps of all the 
Inland Territory might be procured to the great advantage of the Pub- 
lick and without any additional charge If North Carolina which (ever 
since t'was a seperate Government) has only been a Receptacle for Pyrates 
Thieves and Vagabonds of all sorts was made a District of Virginia and 
the Quit Rents for I^ands let out duely received ; there would be a compe- 
tent Fond to reward a knowing and honest Man, to make such a Noble 
and usefull survey. The Establishment for Officers in the Proprietors 
time, which the Quitt Rents always discharged amounted to 480* and if 
a Rental was obtained (which the Proprietors could never get) would 
amount to a much greater Sum. The soyl of North Carolina is much 
better than that of Virginia, it's Timber is of the largest Growth, there 
is great Quantity of Iron Oar and (according to information) good reason 



60 COLONIAL RECORDS. 



U) expect Copper-Mines and the New England Traders get from thenc« 
a very great Quantity of the best Pitch and Tarr in Barter for Rum, 
Spirits Molosses and other goods which would bear a moderate Duty to 
make up any Deficiency that might happen to the Fond, proposed to 
defray what I humbly conceive so usefull an undertaking. For besides 
all other advantages of such a survey wee should effectually prevent the 
French from Encroaching within the Limits of our Newfoundland and 
other Fisheries. 

And when this affair is quite perfected I beg leave farther to hint that 
by the same Fond a Light House may easily be erected on the Point of 
Hilton-Head Island in the Gulf of Florida wliere there is a great Plenty 
of Noble Timber and the land high and very fit for that purpose. And 
this Fond may \)e so augmented by an easy Duty upon the Tonnage of 
all ships coming from Jamaica and elsewhere through the Gulf (which 
all the Traders for their own securitv would readilv come into) as would 
maintain a competent Number of Trinity-Brothers to assist vessells that 
pass through that dangerous Navigation 

And of what use such an Institution would be in case Port Roval 
should be made a Harbour for a Royal Navy and a plat« for stores, and 
of what service tVould be to the publick to have some seamen of this 
Nation perfectly acquainted with all the Currents and Counter-Currents 
in the Gulfs of Mexico and Florida and to know all the Narrow Pas- 
sages to Cuba through the Bahama Islands, and all the shifting Land 
Banks in those Parts with a great many more advantages which would 
accTue to Navigation and Commerce I hcg leave most humbly to submit 
to your Lordships great judgement and wisdom and am with the most 

profound resj)ect 

My Lords 

your Lordships 

Most obedient and most 

faithfull humble 

servant 



THO: LOWNDES. 



P. S. 
If very particular and unusual 
Instructions are not given to the 
Surveyor General 1 and Secretary of 
South Carolina the settling that 
Province will be much prejudiced. 



COLONIAL RECORDS. 51 



[B. P. R. O. B. T. South Carolika. Vol. 4. C. 60.— Extract.] 



COLL: JOHNSON TO SEC: OF B. T. DECEMBER 19"» 1729. 
S' 

* * * * itt H: 

^thiy That the Boundaries of South Carolina and North Carolina are 
absolutely necessary to be ascertained and settled to prevent any of the 
Inhabitants of South Carolina from running to Cape Fair and settling 
there to defraud their Creditors, and for the remedying this evil That 
Cape Fair be made a Port and a Collector of the Customs appointed to 
reside there, and the said place declared to be within the limits of South 
Carolina. 

:^i Hi Hi :^i :^i :^i 

S' 

your most oblidged humble 
servant 

ROB* JOHNSON. 



[B. P. R. O. Am: A W: Ind: Vol: 22. p. 6.] 



To the most noble Thomas Duke of New Castle Secret*^ of State &c : 
May it please your Grace — 

In my Memorial of the IS**" of June last I took leave to inform your 
Grace of our Governour Sir Richard Everards orders to one M' John 
Lovick acting as Secretary respecting the Disposition of no more of the 
soil of this Province, until his Majestys Royal Pleasure were therein 
known. The occasion as I allways conceived of those orders was (as Sir 
Richard wrote your Grace himselfe) from a Discovery he had made of 
the fraudalent practice of the above John Lovick and M' Edward Mose- 
ley our Surveyor General of Lands^ and notwithstanding all such con- 
vincing proofs of the same and the many resolutions Sir Richard had 
made of signing no more Warrants or l^attents. 

Yet so it is may it please your Grace, tho he knows this Country is 
now under the Crown, he has since broke through such his Intentions, 
and now every day signs both Warrants and Pattents. And what is 
worse was induced some time ago by the uncommon art and cunning 
of this Lovick and his two confederates Moseley and Will" Little the 



52 COLONIAL RECORDS. 



Receiver General to the Lords Proprietors to sign many Pattents wherein 
the number of acres are left Blank and on the same Pattents there is the 
Receiver General Littles receipt likewise in blank for the purchas money, 
so that the possessors of such Pattents have it in their own power to put 
in as much land as by our Charter might make them Landgraves or 
Cassicks ; whereas I believe the true Intent of S' Richard was that every 
pattent he so signed should contain what is by the late Lords Proprietors 
orders and by our own Laws distinguished to be a Tract containing six 
hundred and forty acres. Instead of which some people who are let into 
the Secrit, and that has procured such pattents has filled up the blanks 
with what quantity of land they pleased ; one Laine of the Country of 
Bath put into his pattent 5000 acres others more and some less, by which 
means before his Majesty's commissions can take place amongst us most 
of the Land will be disposed of under a sham proprieterry title and the 
money arrising therefrom put into the pocketts of those three Messina- 
rys Lovick, Moseley, and Little, how far such a proceedure will deserve 
notice, I shall submit it to your Graces opinion. As I once mentioned 
l^efore if there was an officer suddenly appointed as Receiver General 
with a power of inspecting into such former conduct it might possibly be 
many thousands pounds advantage to the Crown ; and if your Grace 
should be pleased to think me deserving of so great a trust (as I am well 
acquainted with the circumstance of things) no man shall more justly 
and faithfully discharge it, than 

My Lord, your Graces most 

dutifull and obedient servant 

EDMOND PORTER 

North Carolina 

Albemarle 
Des' the 22** 1729. 



I Prom Rbcordb of General Ck>uRT.] 



North Carolina — ss. 

At a Gen* Court of Oyer & Terminer and Gen* Sessions held for the 
Sayd province at the Courthouse in Eden ton b^un on Tuesday the 
twenty fifth day of March one thousand Seven hundre<] & twenty nine 
and continued by Adjournm* until the thinl of April following 



COLONIAL RECORDS. 53 



Present 
Christopher Gale Esq' Cheif Justice 
Thomas Luton 



John Alston I 



Tho- I^vick r ^" Assistants 
Henry Bonner 

And Several 1 Members of the Council (as Justices of the peace) to hold 
the Gen* Sessions of this Government. 

The following persons were impannell'' and Sworne of the Grand 
Jury Viz* 

Cap* Benj* Hill M' Robert Hicks M' Oriando Champion 

M' Tho' Luton Jun' M' James Meliken M' Rich* Willson 

M' Francis Branch M' John Blount M' James Castellaw. 

M' Edward Howcot M' John Beverley M' Martin Cromen 

M' Thomas Bryan M' John Bonde M' Hill Savage 

M' Tho' Rountree 
who being charged with things proper for their Enquiry withdrew and 
Consider* thereof and on their Returne made presentm* of the following 
Bills Viz* 

A Bill of Indictm* against Solomon Smith for Felony & Murder. 

A Bill of Indictm* ag* Griifith Jones & Truman Jones for a Forcible 
Entry on the Estate of William Reed a minor. 

A Bill of Indictm* ag* James Bremen for assaulting Robert Pearce. 

And then the Grand Jury was discharg* from further Attendance at 
this Court. 

And now here at this day (Viz* &c :) The aforesayd Thomas Spencer 
(tho* Solemnly required) came not Nor was there any return made of the 
Writt of Exigent 

Wherefore It Consider* by the Court here at the motion of the Attor- 
ney Gen* that the same be continued returnable to the next Court on the 
last Tuesday in July next 

And now here at this day (Viz* &c:) came the afores* George Allen 
and moved for Tryall And likewise the Attorney Gen* on behalf of Our 
Sovereign Lord the King But the Court being given to understand that 
His Maj^ most Gracious Gen* Pardon was Since the offence comitted 
and Since the Indictm* afores* are of Opinion that the Sayd Offence is 
thereby pardon* & that the prosecution afores* cannot be proceeded in 
according to Fawcett's Case 2* Croke 148 Do therefore Order that all 
further proceedings thereon be Stay** and the Sayd Geo: Allen be dis- 
charg* paying Costs. 



54 COLONIAL RECX)RDS. 



And now here at this day (Viz* &c:) came the aforesayd Joseph 
Jenoure by David Osheal his Attorney & moved to the Court that he 
might come to a I^all Tryall or be disdiarg' 

Whereupon the Attorney Gen* produced to the Court here an Order 
from the Goveruo' in these Words Viz* 

North Carolina — ss. 

S' Rich* Everard Bar* Governo' Cap* Gen* & Adm" To W" Little 
EJsq : Attorney Gen" 

Whereas a Bill of Indictment was preferr* & found by the Grand 
Jury at July Court ag* Joseph Jenoure and others for a Riott, These are 
therefore to order & impower you to enter a Noli Prosequi on the Sayd 
Indictm* Given under my hand this first day of April 1729 in the Second 
year of his Maj^ King George y' second & Sign* Rich* Everard. 

Wherefore It is Consider* & by the Court here Order* that the sayd 
Joseph Jenoure & the Others mention* meant or intended in the sayd 
Indictm* be thereof dismist and may go without day paying Costs. 

And now here at this day (Viz* &c) the afores* Nathaniel Martin in 
Custody of the Marshall to the Barr here brought in his proper person 
came and being ask* how of the Crime afores* he would acquitt himself 
sayd that he is not thereof Guilty & for Tryall thereof putt himself upon 
the Country and W"* Little Esq' Atto' Gren* on behalf of our Sovereign 
Lord the King likewise. Whereupon the Marshall was comanded to 
cause to come twelve &c : And there came John Charlton Tlio* Hoskins 
John Benbury John Champion Jo" Dunning Sam* Woodward James 
Smith Charles Wilkins William Handcock W" Branch John Carter 
Henderson Luton who being impannell* and Sworn on their Oath do 
say that he is not Guilty 

Order* that the sayd Nath* Martin & Susanna his Wife be thereof 
dismist without day paying Costs 

W"* Little Esq' Attorney Gen* comes to prosecute y' Bill of Indict- 
ment ag* Solomon Smith in these Wonls Viz* 

North Carolina — ss. 

To Christoph' Gale Esq' Cheif Justice and the rest of the Justices for 
holding the Gen* Court at E^enton the last Tuesday of this Instant 
March 1729 

The Jurors for Our Sovereign Ix)rd the King on their Oath do pre- 
sent that Solomon Smith late of Bertie precinct I^abourer in the precinct 
aforesayd not having the fear of Gcxl l)efore his Eyes but lieing moved 



COLONIAL RECORDS. 55 



and Seduced by y* instigation of the Devil on or about the first day of 
November last past in the Evening of the same day at Bertie p'cincjt in the 
province aforesayd by force and Armes in & upon One William Coyne 
in the peace of God and Our sayd Lonl the King then & there being an 
Assault did make And the sayd Solomon Smith with a Knife of the 
value of three pence in his hand then & there drawn had & held feloni- 
ously & voluntarily the afores* William Coyne at Bertie p'cinct in the 
province aforesayd did Stabb & wound y' Sayd Willian(i not having any 
weapon then drawn nor having then there first struck the sayd Solomon 
and to the sayd William Coyne of Bertie p'cinct in the province afore- 
sayd feloniously and of his malice forethought with the aforesayd knife 
One mortall wound in & upon his left breast did give about one inch & 
half long and about five inches in depth with which mortall wound the 
Sayd William Coyne instantly dyed and So the Jurors aforesayd upon 
their Oath do say that the aforesayd Solomon Smith on the day and year 
afores** in Bertie p'cinct in the province aforesayd in manner & form 
aforesayd killed and murder* the Sayd William Coyne ag* the peace of 
Our sayd Lord y' King his Crown & dignity &c: & against the Statute 
in that Case made & provided. Upon which Indictm* the sayd Solomon 
Smith was arraign* and upon his Arraignm* pleaded Not Guilty and for 
Tryall thereof putt himself upon God & the Country and William Little 
Esq' Att'ney Gen" on y' behalf of our Sayd Lord the King likewise 
Whereupon the Marshall was comanded to cause to come twelve &c : and 
there came Francis Pugh William Bryan John Early James Smith John 
Champion John Howell Rob* Jetferys John Dunning John Blackman 
James Bate Jacob Privett & W" Charlton Jun' who being impannell* 
and Sworne on their Oath do Say Wee Jurors do find the prisoner Solo- 
mon Smith Guilty 

(Sign*) FRANCIS PUGH Foreman 

Then the sayd Solomon Smith being ask* if he had any thing to Say 
why Sentence Should not pass ag* him as the law in that Cj^se hath pro- 
vided And he offering tiothing in avoydance thereof It is Therefore Con- 
sider* Sentenced & by the Court here adjiwlg* that the sayd Solomon 
Smith shall returne to the place from whence he came and from thence to 
the place of Execution there to l)e hang* by the Neck till his Body is 
dead. 

The Court having reod from the Hono"' the Governo' by the hands of 
Rich* Everard Esq' his Son the following paper Viz* 



56 COLONIAL RECX)RDS. 



North Caroi.ina — ss. 

To Chr: Gale Esq' Cheif Jiist : & to the rest of the Assistant Judges 

I receiv* a certificate yesterday sign* by the Ch : Justice in which it is 
Signified to me that one Sol" Smith of Bertie p'cinct Labourer stands 
condemn* by this Sessions for the murther of William Coyne for which 
y* Sentence of the Sayd Court was for him to be hang* : As the Life of 
a Man is a thing of a very tender nature I am at a loss to judge if the 
Cheif Just: means hanging till he is dead or whether it is by the Neck 
legg or arm for I must not guess *at his meaning Besides I must tell you 
Gen* as the man was tryde Condcmnetl on the twenty ninth of the last 
Month And the Court was Compounded of OflScers not duly qualifyed 
to open Such Court that all procee<liugs therein are Extrajudiciall and 
Erronious Therefore cannot without Injury to my coascience Sign Such 
a I>ead Warrant for the Execution of the unhappy prisoner till a Tryall 
de novo and the Court Compounded of OflScers duly qualifyed and those 
of my Ap{)oyntment 

Given under my hand this first day of April One thousand Seven 
hundred & twenty nine and Sign* Richard Everard 

It was consider* by the Court & that the Blood of an innocent per- 
son barlmrously Shedd was of Uyo great <fe Serious a consequence to be 
turn* U) Ridicule as it ap|>ears to Ik» by the aforegoing pa}>er or Letter to 
the Court WhenHiiK)n the Court («mc to a Resolution to certify the same 
again to the Hono"* the Governo' which was done in these wonls Viz* 

NouTii Carolina — ss. 

Gen* (\>urt April y' Seooiul one thous* Seven hundn^l and twenty nine 
Bv the Cheif Justiiv & Membi»rs of v' Gen* Court That Innocent Bloo<l 
niav not Ive at Our Dik)!* Wiv think it Our Dutv once more to certify to 
yo' Hono' that Sol* Smith now prisoner in the Goalc at Edenton has been 
this Si*ssions legally convic»ti»d for the Munler of William Coyne and 
that Sentence of IX»ath was on the twenty ninth of March jKtst pn>- 
nouuc* upi>n him in Oj)en Ci>urt in these Wonls Viz* That he should 
returne to the plaw from whemv he came & from thence to the place of 
Execution and there he hang* by the neck till his Rxly was dead. It 
ap|>ears to us to l>e a very Itarlnnius Munler Directed to the Hono"' S' 
Rich* Everanl Gov' &c: and Sign* Chr: Gale Tho' Luton Tho* Lovick 
& Henrv Bonner 

A Bill of Indictment having been presented to the Grand Jun- afore- 
sayd :igainst Jaci>b Beale for killing James Beale by Misadventure and 
being return* Ignoramus It was considered by the Court that he he thereof 
disniist and may goe with* day paying Costs 



COLONIAL RECORDS. 57 



W* Little Esq' Attorney Gen^ conies to prosecute a Bill of Indictment 
found by the Grand Jury ag* Griifith Jones & Truman Jones in these 
words Viz* 

North Carolina— ss. 

To Christop' Grale Esq : Cheif Justice & the rest of the Justices for 
holding the Gren* Court at the Courthouse in Edenton on the last Tues- 
day in March Anno D"* One thousand Seven hundred & twenty nine. 

The Jurors for Our Sovereign Lord the King on their Oath do present 
that Griffith Jones & Truman Jones both of pasquotank precinct having 
taken and associated themselves with other malefact" and disturbers of 
the peace of Our Sayd Lord the King being arm** in an Hostile manner 
of whose names the Jurors aforesayd are wholly Ignorant upon the 
twelfth day of March Anno D"* One thousand Seven hundred & twenty 
eight at Pasquotank Precinct in the province aforesayd by force & Armes 
To witt with Swords Staves Gunns & other defensive and invasive 
Armes upon one Mesuage with the Appurtenances at Arenoose Creek in 
pasquotank p'cinct aforesayd upon the peacable possession of One M" 
Jane Reed Widow & Extrix of William Reed late of pasquotank p'cinct 
aforesayd EJsq' deed did enter of which Certain Messuage with the appur- 
tenances the aforesayd Jane Reed Wid** and Extrix was then & there 
possess^ during the minority of William Reed a Minor Son of William 
Reed Esq' late of the sayd p'cinct deceased to whom the freehold of the 
p'mises belongs And the abovesayd Griffith Jones and Truman Jones 
and the other malefacto" afores^ by force & Armes the aforesayd Jane 
from her possession aforesayd did Eject expell & amove and the Sayd 
Jane So l)eing expel 1** from her aforesayd Mesuage with the appurtenan- 
ces unlawfully and with a Strong hand did then keep out and Still do 
keep & hold out against the peace of Our Sayd I^ord the King that now 
is his Crown & dignity and Contrary to the form of the Statutes in that 
Case made and provided &c: And on the motion of the Sayd Attorney 
Gren^ It is Consider^ & Order* that a Capias do issue returnable to the 
next Court on the last Tuesday in July next 

A Bill of Indictment having been preferr* to the Grand Jury against 
John Perkins on Suspicion of having burnt the House of Thomas Clim- 
8on lately Situate & being in the precrinct of Curratuck in the province 
aforesayd Which Sayd Bill of Indictra* was return** to the Court here 
Ignoramus. Therefore It is Consider** that he give Security for his good 
behaviour twelve months & one day And that he continue in the Mar- 
shalFs Custody untill he hath given Such Security & payd the Costs 
8 



58 COLONIAL RECORDS. 



aocruing by this prosecution Whereupon the sayd John Perkins in Court 
appear^ and acknowledge himself indebted to Our Sovereign Lord the 
King His Heirs and Sucoesso" in the sum of fifty pounds Sterling to be 
levyed on his goods & Chattells Lands and Tenem'' Ac : With Condicon 
that if the sayd John Perkins shall & do well & truly behave himself 
towards his Sayd Majesty and all his leige people and more especially 
towards Tho* Climson and His Wife for twelve months & One day then 
this Recognizance to be voyd else to remaine of full force & Virtue. 

W" Little Esq' Attorney Gen^ conies to prosecute the Bill of Indict- 
ment found by the Grand Jury afores* against James Bremen in these 
Words Viz* 

North Carolina — ss. 

*• 

To Christopher Grale Esq' Cheif Justice & the rest of the Justices for 
holding of the Gen* Court at Edenton on the -last Tuesday of this 
instant March Anno D** one thousand seven hundred & twenty nine. 

The Jurors for our Sovereign Lord y' King upon their Oaths present 
that James Bremen late of Edenton in the North East parish of Chowan 
precinct in Albemarle County in the province aforesayd Merch* the twenty 
third day of this instant Moneth of March in the night time of the same 
day by force & Armes &c: at Edenton in the parish p'cinct and County 
aforesayd in North Carolina aforesayd then & there by force & Armes &c : 
the Window of the lodging room of one Robert Pearce did break open 
And him the sayd Robert Pearce did then & there assault & in great danger 
of his life did putt & Other Enormitys to the Sayd Robert Pearce then 
& there did offer against the peace of Our now Sayd Sovereign Lord the 
King his Crown & dignity &c. And sign* W" Little Atf^ Gen* and on 
the Motion of the sayd Attorney Gen* It was then & there by the Court 
Consider* and Order* that he be taken into Custody of the provost Mar- 
shall and brought before the Court which was accordingly done And the 
8* James Bremen acknowledg* himself indebted to our Sovereign Lord 
the King His Heirs & Successo" in the Sum of One hundred pounds 
Sterling & M' EMmond Porter & M' W" Harding Jones in the Sum of 
fifty pounds Sterling each to be levyed on their goods & Chattells Lands 
& Tenem** Ac With Condicon that if the Sayd James Bremen shall per- 
sonally be & appear at the next Gen* Court to be held for this Governm* 
at Edenton the last Tuesday in July next then & there to answer the 
sayd Indictm^ and in the meantime that he be of his good Behaviour 
then this Recognizance to be voyd else to remaine in full force &i\ 

Whereupon Rich* Everard Esq' came into Court and deliver* to the 
Court here a Certain Writing in these Words Viz* 



COLONIAL RECORDS. 59 



North Carolina — ss. 

S' Richard Everard Bar* Gov' Cap* Gen" Adm^ and Comand' in Cheif 
To Christopher Gale Esq' Cheif Justice & his Assistants and to W" 
Little Eisq' Attorney Gen* Greeting 

Whereas a Certain Bill of Indictm* was preferr* and found by the 
Grand Jury of this present Court ag* James Bremen of Edenton Merch* 
for breaking open the Window of One Robert Pearce & then & there 
assaulting the sayd Robert Pearce & being that I am fully assured & Sat- 
isfyed that the Sayd Indictm* was grounded upon the malice of the s** 
Robert Pearce and by the instigation of Will" Badham alias Hammon 
Clerk of the Gen* Court and that the Sayd James Bremen did no ways 
assault Strike or any other ways hurt the Sayd Robert Pearce And that 
the sayd Window was open before the Sayd James Bremen came to it 
and he did not by any act whatsoever brake or disturb the peace of our 
Sovereign Lord the King. This is Therefore to Command you the sayd 
Christopher Gale &c : to enter a Noli prosequi on the Sayd Indictment 
Given under my hand and Seal this 1"* day of April in the second year 
of his Majesty King George y* Second Annoq I>* 1729 and Sign** Rich** 
Everard and a Scale Wherefore It is Consider* & by the Court here by 
& with the Consent of the Attorney Gen* that the sayd James Bremen 
be thereof dismist and may go thereof without day it being the Gov- 
erno" Order And It was then & there Order* that the Sayd Comand 
Should be entred as aforesayd 

William Williams of Edenton Gen* produced a Comission from the 
Hono"' S' Rich* Everard Bar* Governo' &c: appoynting him provost 
Marshal in the room of Rob* Route Esq' who is Comissionated by the 
Lords Prop" to Execute that Office in this Governm* as long as he well 
behaves And the sayd W" Williams mov* to the Court here to have the 
Sayd Comission admitted and himself qualify* and reed Whereupon the 
Court declared their Opinion was that the Comission aforesayd is not 
good because the sayd S' Rich* Everard Governo' did not take the advice 
and Consent of the Majority of the Council for granting the same as by 
law he ought to have done And the Court are also of opinion that the 
aforesayd Robert Route is not departed out of this Governm* as in the 
Sayd Comission is Suggested And that the Deputys which act by virtue 
of his Comission are good & lawfull 

By direction of this Court John Parke Es(j' Provost Marshall was 
comanded to take into his Custody Edmond Porter & George Allen & 
them safely keep until they give Security for their good behaviour 
during the Sitting of this Court for a Contempt by comitting an affray 



60 COLONIAL RECORDS. 



in the view and verge thereof And the sayd Geo Allen came into Court 
& ackuowledg** himself indebted to Our Sovereign Lord the King in the 
Sum often pounds Sterling and Edmond Grale Esq' in the like Sum of 
ten pounds Sterling to be levyed on their Severall goods and Chattells 
Lands & Tenements &c : With Condicon that the Sayd George Allen 
shall be of his good behaviour during the Sitting of this Court And in 
further Obedience of the sayd Order and Direction the sayd Jn® Parke 
follow* the sayd Edm** Porter who was fledd to the House of M" Eliza- 
beth Marston a publick House or Ordinary in Edenton and there told 
the sayd Porter he had receiv* the aforesayd Order Whereupon the 
Hono"' S' Rich** Everard Bar* Governo' of the province aforesaid who 
was at the Sayd House rose up from his Seat & comanded him not to 
take any l)ody out of his Company & further told him that he was no 

Marshall and that he thought he the Sayd Parke had a great 

he would protect every body that was in his Company and bidd him tell 
the Court so Upon which the Sayd Parke imediately withdrew without 
the Sayd Porter and return** to the Court and made report thereof. 

Robert Pear(« came into Court and made Information upon Oath in 
these Words Viz* Rolx^rt Pearce Sworne on the holy Evangelists upon 
his Oath Sayth that on Monday morning about the hours of three and 
four before Sunrising he this Informant being in his own Lodging room in 
Bed and wak* out of his Sleep did hear a Noise in the next adjoining 
room to this Informant's And imediately thereon this Inform* heard the 
voyce of James Bremen (to whom the sayd next adjoining room belongs & 
another persons voyce which this Informant takes to be M' Rich** Everard 
which Sayd Bremen & M' Everard demanded this Informant to open 
his Door And (this Informant being silent therein) the sayd Bremen & 
M' Everard l)oth went round to this Informants Wooden Window which 
was then close shutt) which they broke open and Splitt in peices And 
then M' Rich** Everard (whose face this Informant saw by moon light) 
did fire in upon this Informant in his sayd Lodging room Severall times 
with a pistol 1 or pistolls thro' the Window broken open as aforesayd and 
took full aime to this Inform* to fire at him & then went mund into the 
Sayd Bremens Room & broke the door of the sayd room (which before 
was nayled) in Severall jmrts And Severall fires from a pistoll or pistolls 
were fired in upon him this Inform* By which meanes he this Inform* 
was much in danger of his life & was very much hurt in his face & 
hand by the Gunpowder that lodg** in his Face & hand and very much 
burned him this Informant And further Sayth the sayd Bremen told 
liim this Inform* that he the sayd Bremen had gotten this Informants 



COLONIAL RECORDS. 61 



Bullett Moole & had Cast BuUetts enough to do the business of this 
Informant and all the rest of em that day And Sayd See what your lisp- 
ing Judge can do now to help you and the Sayd Bremen declared that 
he would enter into the room of this Informant and break one of his 
Cutlaces and then he would have but one to defend himself with; And 
this Informant further Saith that the Sayd James Bremen Sayd Here 
damne his Blood shoot his Braines out Sign** Robert Pearce & thus (*) 
for Seale Upon which he pray* Security of the Peace. 

Which Informacon being Corroborated by the Oaths of John Ismas 
Gent and Thomas Jones Attorney at Law It is Consider^ that the Pro- 
vost Marshall be directed to take them the sayd James Bremen and 
Richard Everard into his Custody and them Safely keep untill they give 
Security in the Sum of One hundred pounds Sterling each and two 
suretys for each of them in the sum of fifty }K)unds sterling every of them 
With Condioon that they be and appear at the next Gen* Court on the 
last Tuesday in July next on the third day of the sayd Court & in the 
mean time that they shall keep the peace of our Sovereign Ix)rd the King 
as well towards his Majesty as all his leige people And particularly 
the Sayd Robert Pearce and not depart from the Sayd Court without 
Lycence &c 

And then the Court 1 
adjourned by order J 



[B. P. R. O. Journals. B. T. Vol. 39. p. 154.] 



Whitehall Tuesday June 3*^ 1729. 

At a Meet« of H. M. Com" for Trade & Plant' 

Present 
Earl of Westmorland. M' Pelham 

M' Docminique. M' Bladen 

M' Ashe. 
A letter was read from Maj. Gooch Lieut. Gov. of Virginia dated 28 
Fel/ 172|^ with several inclosures — including Protest of the Comm" 
of North Can)lina against proceeding on the division line l^etween the 
two Governments and the Virginia Comm" Answer thereto. Two Plans 
of the Division line between Virginia and Carolina run in 1728 by the 
Comra" & Surveyor of the two Govern** 



62 COLONIAL RECORDS. 



Ordered that an Extract of that part of Major Gooch's letter which 
relates to the payment of the Virginia Comm" for running the division 
line between that Colony and Carolina be sent to the Treasury for direc- 
tions therein. 

[Page 160.J 

Whitehall Wednesday June 4*** 1729. 

A letter for enclosing an extract of M' Gooch letter (abovenient*) read 
yesterday to M' Scrope Sec^ to the Lords of the Treasury was agreed & 
ordered to be sent. 

[Page 183.] 

Whitehall Tuesday June 17*** 1729. 

An Order in Councill of 26 March 1729 was read for Warrants to l>e 
prepared for M' Fitzwilliams Surveyor General of the Customs to be 
admitted into the Councils of Virginia, Carolina & Jamaica. 

[Page 1»5.] 

Whitehall Tuesday July 8**» 1729. 

A letter from M' Lovill, Sec^ to the Province of North Carolina dated 
12*** Dec. 1728 was read and the Papers therein referred to were laid 
before the Board, Viz : \ 

The Carolina Comm" first & second Journal on the Boundary 
Copy of the Plan sent to the Lords Proprietors of Carolina 
Copy of an Address of the Council of the Province of North Caro- 
lina to His Majesty containing complaints against Sir Richanl Everard 
Deputy Gov' of that Province 

A letter for inclosing the abovement** Address to the Duke of New- 
castle for His Majesty's directions thereon was signed. 

[Page 217.J 

Whitehall Thursday August 7*** 1729. 

An Order of the Lords of the Committee of Council dated 31"* of last 
month referring to this Board the copy of an Address from the Mem- 
bers of the Council for North Carolina containing Complaints against 
Sir Richard Everard Deputy Gov' of that Province and requiring the 
Board to examine into the all^ations thereof and report their opinion 
thereupon was read together with the copy of the said Address. 

Another Order of the Lords of the Committee of Council of the same 
date referring to this Board the copy of a letter from Sir Richard Eve- 
rard Deputy Governor of North Carolina to the Duke of Newcastle with 
a copy of Sir Richard's Orders and Resolutions delivered to the Council 
of that Province about granting Lands and filling vacant places in that 



COLONIAL RECORDS. 63 



Go verm* and requiring the Board to examine into the same and report 
their opinion was read together with the said pajHjrs whereupon direc- 
tions were given for enquiring who apj>ears or solicits on behalf of Sir 
Richard Everard and of the Members of the Council for North Caro- 
lina in order to their bringing what Proofs they have to offer in support 
of their respective all^ations. 

[Page 235.1 

• Whitehall. Tuesday Aug* 26**» 1729. 

Capt. Burrington late Deputy Governor of North Carolina attending 
the undermentioned papers lately received from him cxjncerning that 
Province were laid before the Board, viz* 

The Journal of the Lower House of Assembly from !■* November 
1725 tQ 14 April 1726. 

Copy of a letter from Capt. Burrington late Deputy Governor of 
North Carolina to the Lords Proprietors without date complaining of 
his being removed & giving some account of the affairs of that Province 

Copy of the Declaration of Sir Richard Everard present Deputy Gov' 
of North Carolina dated 6 Jan^ 172f owning his having been imposed 
on by M' Lovick the Secretary M' Gale Chief Justice and M' Little 
Attorney General. 

The two Orders of the Lords of the Com*^ of His Maj. most Hon"' 
Privy Council both dated the 31"* July last & mentioned in the Minutes 
of the 7*** inst. the one referring U) this Board the copy of an Address of 
the Council for North Carolina to His Maj. containing complaints against 
Sir Rich. Everard Bart. Deputy Gov' there, the other referring likewise 
to this Board the copy of a letter from Sir Rich. Everard to the Duke 
of Newcastle with a Copy of Sir Richard's Orders & Resolutions deliv- 
ered to the Council of that Province being now again read together with 
the said copies of papers Their Lordships after discoursing with Capt. 
Burrington thereupon gave directions for preparing the Draught of a 
Report in answer to the Ordeni of the Lords of the Committee of 
Council above mentioned. 

[Pa^e 299.] 

Said Draught of Report was agreed and ordered to be transcribed 27*** 
August. 

[Pa^e 250.] 

Whitehall Monday October 6*** 1729 

A letter from M' Byrd one of the Com" for settling the Boundaries 
between Virginia and North Carolina dated in Virginia 27*** June last 



64 COLONIAL RECORDS. 



relating to the difficulties attending that service and the pay of the per- 
sons employed therein was read And the Journal of the said Coram" 
with a chart of the Dividing Line there\vith received were laid before 
the Board Whereupon Directions were given for preparing the Draught 
of a letter to M' Byrd in answer thereto. 

[Pagre aea.j 
Whitehall Thursday Oct' 16*^ 1729. 

A letter from M' Vernon one of the Clerks of His Maj. most Honor**** 
Privy to the Secretary of this Board dated yesterday was read signifying 
that the Lords of the Committee of Council thought it necessary & 
desired to discourse with the Board this Even* upon two of their Reports 
viz* the one made the 8** inst. upon a Memorial of the House of Repre- 
sentatives of the Massachusetts Bay and the other upon the Address of 
the Members of the Council of North Carolina against Sir Richard 
Everard their Governor & also upon Sir Richard's letters with his Orders 
& Resolutions delivered to the said Council And a message being brought 
that the Lords of the Committee had adjourned to Monday next in the 
evening Their Lordships of this Board adjourned to the same time 

[Page 2S9.J 

Whitehall Wednesday Nov' 26*** 1729 

A letter from his Grace the Duke of Newcastle of the 12*** inst. refer- 
ring to the Board several papers as underment' relating to Jamaica, 
North Carolina and Newfoundland was read and the said 

several papers were laid before the Board, viz* 

****** 

Copy of Gov' Everard's letter to his Grace the Duke of Newcastle 
dated 18 June 1729. 

Copy of Gov' Everard's letter to the Council in his letter of 18 June 
1729 

Copy of a letter from M' Porter ti> His Grace the Duke of Newcastle 
dated 24*** Jan'^^ 172|. 

TPage S06.] 

Whitehall Tuesday Dec' 16*** 1729. 

Their Lordships then took again into consideration the North Caro- 
lina papers in answer to a complaint against the Governor & relating to 
Grants of Land there referred to in the Duke of Newcastle's letter of the 
12*** & entered in the Minutes of the 26*** of last month and agreed to 
reconsider the same agreeable to their Report t<) the Ty>rds of the Com- 



COLONIAL RECJORDS. 65 



mittee of 2* Sept. last when a Governor shall be appointed for North 
Carolina. 

Ordered that a letter be wrote to M' Scrope for a copy of the Surrender 
of Carolina from the Lords Proprietors & of such other Papers relating 
to the said Province as may be necessary for the Board's perusal. 



1730. 

[B. P. R. O. North Carolina. B. T. Vol. 8. A. 1.] 



LETTER FROM THE DUKE OF NEWCASTLE TO THE 
LORDS OF TRADE 7"» JANUARY 1729. 

Whitehall Jan'" 7*** 17|^. 
My Lords, 

His Majesty having been pleased to appoint Greorge Burrington Esq' 
Grovernor of North Carolina has commanded me to signify to your Lord- 
ships His Pleasure, that you prepare a Commission and Instructions for 
him accordingly 

I am 

My Lords 

Your Lordships most obedient 
humble servant 

HOLLES NEWCASTLE 



[B. P. R. O. North Carolina. B. T. Vol. 2L p. 1.] 



LORDS OF TRADE TO DUKE OF NEWCASTLE 

16 JANUARY 17|f. 

To His Grace the Duke of New Castle 

My Lord, 

Having in obedience to his Maj. commands signifyed to us by Your 
Grace's letter of the 7*** inst prepared the Draught of a Commission for 
Greorge Burrington Esq" to be his Maj. Captain General and Grovemor 
9 



66 COLONIAL RECORDS. 



in Chief of his Maj. Province of North Carolina in America, We here- 
with transmit the same to Your Grace with our Representation thereupon 
which Your Grace Mrill be pleased to lay before his Majesty. 

We are 
My Lord 

Your Grace's 
most obed* and 

most hum"' Serv" 

P. DOCMINIQUE 

O. BRIDGEMAN 

W- CARY 

F. FRANKLAND 

Whitehall T. PELHAM. 

January 16*^ 17fJ. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 3.] 



COMMISSION FOR CAPTAIN GEORGE BURRINGTON TO 
BE GOVERNOR OF NORTH CAROLINA 

15 JAN*^ 17|f. 

George the Second by the Grace of God of Great Britain France and Ire- 
land King Defender of the Faith &c. To Our Trusty and Welbe- 
loved Geoi^ Burrington Esq" Greeting, 

We reposing especial trust and confidence in the prudence Courage 
and Loyalty of you the said George Burrington of our especial grace 
certain knowledge and meer motion have thought fit to constitute & 
appoint and by these presents do constitute and appoint you the said 
George Burrington to be our Captain General and Governor in Chief in 
and over our Province of North Carolina in America. 

And we do hereby require and command you to do and execute all 
things in due manner that shall belong unto your said command And 
the trust we have reposed in you according to the several powers & autho- 
rities granted or appointed you by this present Commission and the In- 
structions herewith given you or by such fiirther powers instructions or 
authorities as shall at any time hereafter be granted or appointed you 
Tinder our signet & Sign Manual or by our Order in Our Privy Council 
& according to such reasonable Laws & Statutes as are now in force or 
shall hereafter be made and agreed upon by you with the advice and 



COLONIAL RECORDS. 67 



consent of Our Council and the Assembly of our said Province under 
your Govern^ in such manner and form as is hereafter expressed. 

And Our will and pleasure is that you the said George Burrington 
(after the publication of these our letters patents) do in the first place 
take the Oaths appointed to be taken by an Act passed in the first year 
of the reign of our late Royal- Father of blessed memory entituled An 
Act for the further security of his Maj^ person & government & the 
succession of the Crown in the heirs of the late Princess Sophia being 
Protestants & for extinguishing the hopes of the pretended Prince of 
Wales and his open & secret Abettors As also that you make & subscribe 
the Declaration mentioned in an Act of Parliament made in the 25*** year 
of King Charles the Second, entituled An Act for preventing dangers 
which may happen from Popish Recusants And likewise that you take 
such oath as is usually taken by the Governors of our Colony of Vir- 
ginia mutatis mutandis for the due execution of the Office & trust of our 
Capt. Greneral & Gov' of our said Province for the due & impartial admin- 
istration of Justice And further that you take the Oath required to be 
taken by Governors of Plantations to do their utmost that the several 
laws relating to the Plantations be observed which said Oath & Declara- 
tion our Council in our said Province or any three of the Members 
hereof have hereby full power & authority & are required to tender & 
administer unto you and in your absence to our Lieut. Gov' if there be 
any in the place All which being duly performed You shall administer 
unto the Members of our s* Council as also to our Lieut. Gov' if there 
be any upon the place the said Oaths mentioned in the said Act entituled 
An Act for the further security of his Maj. person & government and 
the succession of the Crown in the heirs of the late Princess Sophia 
being Protestants & for extinguishing the hopes of the pretended Prince 
of Wales & hi$i open & secret abettors As also to cause & make them 
subscribe the aforementioned Declaration & to administer to them the 
Oath for the due execution of their places & trusts 

And We do hereby give and grant unto you full power & authority 
to suspend any of the Members of our said Council from sitting voting 
& assisting therein if you shall find just cause for so doing. 

And if it shall at any time happen that by the death defmrture out 
of our said Province Suspension of any of our said Councillors or other- 
wise there shall be a vacancy in our said Council (any three thereof we 
do hereby appoint to be a quorum) Our Will & Pleasure is that you 
signify the same unto us by the first opportunity that We may under 
our Signet & Sign Manual constitute & appoint others in their stead. 



68 COLONIAL RECORDS. 



But that our affairs at that distance may not suffer for want of a due 
number of Councillors if ever it shall happen that there shall be less 
than seven of them residing in our s^ Province We do hereby give & 
grant unto you the said George Burrington full power and authority to 
choose as many persons out of the principal Freeholders Inhabitants 
thereof as will make up the full number of our s* Council to be seven 
and no more which persons so chosen & appointed by you shall be to all 
intents & purposes Councillors in our s** Province until either they shall 
be confirmed by us or that by the nomination of othere by us under Our 
Sign Manual & Signet our said Council shall have seven or more per- 
sons in it 

And We do hereby give '& grant unto you full power & authority 
with the advice & consent of Our said Council from time to time as need 
shall require to sumon and call General Assemblies of the said Free- 
holders & Planters within your government according to the laws & 
usages of our s^ Province of No. Carolina. 

And our will and pleasure is that the persons thereupon duly elected 
by the major part of the Freeholders according to such laws & usages as 
afores** & of the respective Counties & places & so returned shall before 
their sitting take the Oaths mentioned in the said Act entituled An Act 
for the further security of his Maj. person & the succession of the Crown 
in the Heirs of the late Princess Sophia being Protestants and for extin- 
guishing the hopes of the pretended Prince of Wales & his open & secret 
abettors as also to make & subscribe the forementioned Declaration (which 
Oaths & Declaration you shall commissionate fit persons under our seal 
of North Carolina to render & administer to them and until the same 
shall be so taken & subscribed no person shall be capable of sitting tho' 
elected) And We do hereby declare that the persons so elected & quali- 
fyed shall be called and deemed the General Assembly of our said Pro- 
vince & Territory of North Carolina. 

And that you the said Greorge Burrington with the consent of the s* 
Council & Assembly or the major part of them respectively shall have 
full power & authority to make constitute and ordain Laws Statutes & 
Ordinances for the public peace welfare & good government of our said 
Province and of the people & inhabitants thereof and such others as 
shall resort thereto & for the benefit of us our Heirs and Successors 
which said Laws Statutes & Ordinances are not to be repugnant but as 
near as may be agreeable to the I^aws & Statutes of this our Kingdom 
of Great Britain 



COLONIAL RECORDS. 69 



Provided that all such Laws Statutes & Ordinances of what nature or 
duration soever be within three months or sooner after the making 
thereof transmitted unto us under our said seal of North Carolina for 
our approbation or disallowance of the same as also Duplicates thereof 
by the next Conveyance. 

And in case any one or all of the said Laws Statutes & Ordinances 
not before confirmed shall at any time be disallowed & not approved & 
so signified by us our Heirs & Succe&sors under our or their Signet & 
Sign Manual or by order of our or their Privy Council unto you the 
said George Burrington or the Commander in chief of our s* Province 
for the time being then such & so many of the said Laws Statutes & Ordi- 
nances as shall be so disallowed & not approved shall from thenceforth 
cease determine & become utterly void & of none effect anything to the 
contrary notwithstanding. 

And to the end that nothing may be parsed or done by our said Council 
or Assembly to the prejudice of us our Heirs & Successors We will and 
ordain that you the said George Burrington shall have & enjoy a n^a- 
tive voice in the making and passing of all Laws Statutes & Ordinances 
as aforesaid 

And you shall and may likewise from time to time as you shall judge 
it necessary adjourn prorogue & dissolve all General Assemblies afores* 

Our further Will and Pleasure is that you shall and may keep & use 
the public seal of North Carolina for sealing all things whatsoever that 
ought to pass the seal of our said Province under your Government 

And we do further give and grant unto the said George Burrington 
full power and authority from time to time and at any time hereafter by 
yourself or by any other to be authorize<l in that behalf to administer & 
give the Oaths mentioned in the said Act for the further security of their 
Maj. person & government & the succession of the Crown in the heirs of 
the late Princess Sophia being Protestants and for extinguishing the 
hopes of the pretended Prince of Wales and his open & secret abettors 
to all and every such person or persons as you shall think fit who shall 
at any time or times pass into our said Province or shall be resident and 
abiding there 

And We do by these presents give & grant unto you the said George 
Burrington full power & authority with the advice & consent of our said 
Council to erect & constitute & establish such & so many Courts of Judi- 
cature & Public Justice within our said Province & Territory you & 
they shall think fit & necessary for the hearing & determining of all 
causes as well Criminal as Civil according to law & equity & for award- 



70 COLONIAL RECORDS. 



ing of execution thereupon with all reasonable & necessary powers & 
authorityes fees & privileges belonging thereunto As also to appoint & 
commissionate fit persons in the several parts of your Govern' to admin- 
ister the Oaths mentioned in the afores** Act as also to tender and admin- 
ister the afores* Declaration unto such persons belonging to the said 
Courts as shall be obliged to take the same. 

And We do hereby authorize and empower you to constitute & appoint 
Judges & in cases requisite Copimiss" of Oyer & Terminer Justices of 
the Peace & other necessary Officers & Ministers in our said Province 
for the better administration of Justice & putting the Laws in execution 
And to administer & cause to be administered unto. them such Oath or 
Oaths as are usually given within our said Colony of Virginia for the 
due execution & performance of Offices & Places & for clearing of truth 
in judicial causes. 

And we do hereby give and graunt unto you full power and authority 
where you shall see cause or shall judge any Offendor or Offendors in 
criminal matters for any fine or forfeitures due uuto us fit objects of our 
mercy to pardon all such Offendors and remit all such ofiences fines and 
forfeitures Treason & Wilful Murder only excepted in which cases you 
shall likewise have power upon extraordinary occasions to grant reprieves 
to the Ofiendors until and to the intent our Royal Pleasure may be 
known therein 

And We do by these presents authorize & empower you to collate any 
person or persons to any Church Chappel or other Ecclesiastical Benefices 
within our said Province & Territory aforesaid to which We our Heirs 
& Successors shall be entitled to collate as often as any of them shall hap- 
pen to be void. 

And We do hereby give and grant uuto you the said George Burriug- 
ton by yourself or by yo' Capt^ & Com" by you to be authorized full 
power & authority to levy arm muster and command all persons what- 
soever residing within our said Province and Territory of North Caro- 
lina and as occasion shall serve to march from one place to another or to 
embark them for the resisting & withstanding all Enemies Pirates & 
Rebels both at sea and land and to transport such forces to any of our 
Plantations in America if necessity shall require for the defence of the 
same against the invasion or attempts of any of our Enemies and such 
enemies pirates and rebels (if there shall l)e occasion) to pursue & prose- 
cute in or out of the limits of our said Province & Plantations or any 
of them. And (if it shall so please Gml) them to vanquish apprehend 
and take & being taken according ti) law to put to death or keep and 



COLONIAL RECX)RDS. 71 



preserve alive at your discretion and to execute Martial I^w in time of 
invasion or other times when by law it may be executed and to do & 
execute all and every other thing & things which to our Capt Gen* or 
Governor in Chief doth or ought of right to l)elong. 

And We do hereby give and grant unto you full power and authority 
by and with the advice and consent of our said Council of North Caro- 
lina to erect raise & build in our said Province & Territory such and so 
many Forts Platforms Castles Cities Boroughs Towns & Fortifications 
as you by the advice aforesaid shall judge necessary and the same or any 
of them to fortify & furnish with ordnance ammunition & all sorts of 
arms fit and necessary for the security & defence of our said Provint* 
and by the advice aforesaid the same again or any of them to demolish 
or dismantle as may be most convenient. 

And for as much as divers mutinies and disorders may happen by per- 
sons shipt and employed at sea during the time of war and to the end 
that such as shall shipt and employed at sea during the time of war may 
be better governed & ordered We do hereby give and grant unto you the 
said George Burrington to constitute & appoint Captains liieiit* Masters 
of Ships Commanders & other offitjers Commissions to execute the Law 
Martial according to the directions of an Act passcnl jn the 13"* year of 
the reign of King Charles the Se(x>nd entituled An Act for the establish- 
ing Articles & Onlers for the n^ulating & better government of His 
Maj. Navies Ships of War & forces by sea during the time of war & to 
use such proceedings authorities punishments corrections & executions 
upon any offendor or offendors who shall be mutinous seditious disor- 
derly or any way unruly either at seji or during the time of their abode 
or residence in any of the forte harbours or bays of our said Province 
& territory as the cause shall be found to require acconling to Martial 
liaw and the said di rations during the time of war as aforesaid Pro- 
vided that nothing hei*ein (contained shall l)e construed to the enabling 
you or any by your authority to hold plea or have any jurisdi<*tion of 
any offence cause matter or thing committed or done upon the High Seas 
or within any of the Havens Rivers or Creeks of our said Province & 
Territory under your Govern* by any C'aptain Ijieut Commander Master 
Officer Seaman Soldier or person whatsoever who shall be in our actual 
service or pay in or on board any of our ships of war or other Vessels 
acting by immediate Commission or Warrant from our Commissioners 
for executing the office of our High Admiral or from our High Admi- 
ral of Great Britain for the time being under the seal of our Admiralty 
But that such Captain Lieut Commander Master Officer Seaman Soldier 



72 COIX>NIAL RECK)RDS. 



or other person so offending shall be left to be proceeded against and 
tryed as their offences shall require cither by Commission under our 
Great seal of Great Britain as y* Statute of 28**" Henry y* 8*** directs or 
by Commission from our Ixls. Commiss" for executing the OflSce of our 
High Admiral or from our High Admiral of Great Britain for the time 
Ixjing according to the forementioned Act for establishing Articles & 
Orders for the regulating and better government of His Maj. Navies 
Ships of War and Forces by sea and not otherwise. Provided neverthe- 
less that all disorders & misdemeanors conmiitted on shoar by any Captain 
Commander Lieut Master Officer Seaman, Soldier or other person what- 
soever belonging to any of our ships of war or other Vessels acting by 
immediate Commission or Warrant from our said Commissioner for exe- 
cuting the Office of High Admiral or from our High Admiral of Great 
Britain for the time being under the seal of our Admiralty may be tried 
and punished according to the Laws of the place where any such disor- 
ders offences or misdemeanors shall be committed on shoar notwithstand- 
ing such offender shall be in our actual service & born in our pay on 
b<>ard any such of our ships of war or other vessels m.'ting by immediate 
commission or warrant from our said Commiss" for executing the Office 
of High Admiral or Our High Admiral of Great Britain for the time 
being as aforesaid so as he shall not receive any proteccon for the avoid- 
ing of justice for such offences committed on shoar from any pretence of 
his being employed in our service at sea. 

And our further Will and Pleasure is that all public money raised or 
which shall be raised by any Act hereafter to be made within our said 
Province Ix* issued out by warrant from you by & with the advice & con- 
sent of the Council & disposed of by you for the support of the Govern- 
ment and according to the laws of our said Province of North Carolina 
and not otherwise 

And We do likewise give & grant unto you full power & authority by 
& with the advice & consent of our said Councill to settle and agree with 
the inhabitants of our said Province for such lands tenements and heredi- 
taments as now are or hereafter shall be in our power to dispose of and them 
to grant to any person or persons upon such terms and under such mode- 
rate quit rents services & acknowledgements to be thereupon reserved unto 
us as you by the advice aforesaid shall think fit which said Grants are to 
pass and be sealed by our public seal of our said Province & being entered 
upon record by such officer or officers as are or shall be ap}x>inted there- 
unto shall be good <fe effectual in law against us Our Heirs and Successors. 



COLONIAL RECORDS. 78 



And We do hereby give & grant unto you the said Greorge Burrington 
full power to order and appoint fairs marts & markets as also such and so 
many ports harbours bays havens & other places for convenience and 
security of shipping and for the better loading & unloading of goods and 
merchandizes as by you with the advice & consent of the s* Council shall 
be thought fit & necessary. 

And We do hereby require & command all OiBoers & Ministers Civil 
& Military and all other inhabitants of our s* Province & Territory to be 
obedient aiditig & assisting unto you the s* George Burrington in the exe- 
cution of this our Commission & of the powers & authorities herein con- 
tained and in case of yo' death or alxsenc« out of our said Province to be 
obedient aiding & assisting unto such j>er8on as shall he appointed by us 
our Heirs & Successors to be our Lieut. Governor or Commander in Chief 
of our said Province to whom we do therefore by these presents give & 
grant all singular the powers & authoritys herein granted to be by him 
executed & enjoyed during our pleasure or until your arrival within our 
said Province and whom we do hereby require to take all such oaths & 
make such declaration as are herein before appointed to be taken & made 
bv you Mutatis mutandis which said oaths & declaration our said Coun- 
cil in our said Proving or any three of the Meml)ers thereof have hereby 
full power & are hereby required to tender & administer And if upon 
your death or al)sence out of our said I*rovince there be no person upon 
the place commissionated or appointed by us to be our I^ieut. Governor or 
Commander in Chief of our said Province Our Will & Pleasure is that 
the eldest Councillor whose name is first placed in our Instructions to you 
and who shall be at the time of your death or absence residing within our 
said Province & Territory of North Carolina shall take upon him the 
administration of the Governm' & execute our said Commission & Instruc- 
tions & y* several powers & authorities therein contained in y* same man- 
ner & to all intents & purposes a-s other our Governor or Commander in 
Chief should or ought to do in case of your absence until your return or 
in all cases until our further will and pleasure be known therein 

And We do hereby declare ordain & appoint that you the s** George 

Burrington shall and may hold execute & enjoy the office & place of our 

Captain General & Governor in Chief of our s** Province & Territory of 

North Carolina with all its rights members & appurtenances whatsoever 

t(^ether with all & singular the powers & authorities hereby granted unto 

you for & during our Will & pleasure In Witness whereof We have 

caused these our Letters to be made Patents 

* Ex*. 
Witness &^% 10 



74 COLONIAL RECORDS. 



[B. P. B. O. North Carolina. B. T. Vol. 8. A. 6.] 



AT THE CX3URT AT S* JAMES'S THE 22* DAY OF JANU- 
ARY 1729. (-30.) 

Present 
The King's most excellent Majesty 
in Council 
Upon reading this day at the Board a Draught of a Commission pre- 
pared by the Lords Commissioners for Trade & Plantations for George 
Burrington Eiq" to be His Maj*'" Captain Generall and Governor in 
Chief of His Majesty's Province of North Carolina in America Which 
Draught the said Lords Commissioners have represented to be drawn in 
the usuall Form with the Commissions for other His Majesty's Grovern- 
ors in America His Majesty in Councill was thereupon pleased to approve 
thereof and to order as it is hereby ordered that one of His Majesty's 
principal Secretarys of State do cause a Warrant to be prepared for His 
Majesty's Royall signature in order to pass the said Draught of a Com- 
mission (which is hereunto annexed) under the Great Seal of Great 

Britain. 

A true Copy 

TEMPLE STANYAN. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 6.] 



COPY OF AN ORDER OF COUNCIL OF THE 

22* JAN'^ 17JJ 

At the Court at S* James's the 22* day of January 1729. 

Present 
The Kings most excellent Majesty 
in Council 
Whereas the Members of the Council of the Province of North Caro- 
lina have by an address presented to His Majesty at this Board com- 
plained against Sir Richard Everanl appointed Deputy Governor of that 
Province by the late Ijords Proprietors thereof as being guilty of crimes 
of a heinous nature with respect to His Majesty's Royal Person and 
Government — And whereas the said Sir Richard Everard hath by his 



COLONIAL RECORDS. 75 



letter to His Grace the Duke of Newcastle one of His Majesty's princi- 
pal Secretarys of State complained of some of the Proceedings of the 
said Council and also of the Secretary of that Province, for having taken 
upon them to make Grants of Lands there and to fill up vacant Places 
in that Government. His Majesty was this day pleased to take the said 
Papers into his Royal consideration together with two reports from the 
Lords of the Committee of Council and also from the 'Lords Commis- 
sioners for Trade & Plantations thereupon — And in regard there hath 
not been any proofs transmitted to support the said Complaints — His 
Majesty doth therefore hereby order, that copies of the said Papers be 
put into the hands of George Burrington Esq" His Majesty's Governor 
of North Carolina, to make strict enquiry into the truth thereof — And 
report to His Majesty at this Board the matter of fact as it shall appear 
to him that exemplary justice may be done according to the nature of the 
offences said to have been committed. 

A true copy 

TEMPLE STANYAN. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 26.] 



LORDS OF TRADE TO THE KING 3 FEBRUARY 17J|. 

To the King's most excellent Maj^ ' 

May it please Your Majesty 

Your Majesty having been pleased to appoint a Governor over your 
Province of North Carolina We take leave to represent to Your Majesty 
that a public seal will be necessary for sealing all public instruments 
there according to the method practised in all other Your Maj. Colonies 
in America, We therefore most humbly propose that Your Maj. may be 
pleased to order a public seal for the said Province accordingly 
Which is most humbly submitted 

T. PELHAN. 

M. BLADEN. 

ED. ASHE 

OR. BRIDGEMAN 
Whitehall 

February 3«» 17f|. 



76 COLONIAL RECX)RDS. 



[B. P. R. O. North Carolina. B. T. Vol, 8. A. 2.] 



ORDER OF COUNCIL OF THE 21-* FEBRUARY 17}^. 

At the Court at S* James the 21st day of February 17J|^. 

Present 
The King's Most Excellent Majesty in Council. 

Upon reading this day at the Board, a Representation from the Lords 
Commissioners for Trade and Plantations, setting forth, that as His 
Majesty hath been pleased to appoint a Governor over the Province of 
North Carolina, a Publick Seal will be necessary for sealing all publick 
Instruments there, according to the method practised in all other His 
Majesty's Colonys in America. And therefore humbly propose, that 
such a Seal may be ordered accordingly. His Majesty in Council was 
pleased to approve thereof, and to order as it is hereby ordered, that a 
Publick Seal be prepared and given to the Governor of the said Province 
of North Carolina, And that the said Lords Commissioners for Trade 
and Plantations do cause a Draft of such Seal, to be prepared and laid 
before His Majesty at the Board, for His Royal 1 Approbation. 

JA: VERNON. 



[B. P. R. O. Am: & W. Ind. No. 592.] 



WARRANT APK)INTING M' RICE SECRETARY OF NORTH 

CAROLINA FEB^ 17J| 

Our Will and Pleasure is that you prepare a Bill for our Royal signa- 
ture to pass our Great Seal, containing our Grant of the office or Place 
of Secretary of our Province of Noilh Carolina in America, unto our 
Trusty and Welbeloved Rice Esq" To have, hold, exercise and enjoy the 
same by himself or his sufficient Deputy or Deputies (for whom he will 
be answerable) during our Pleasure, and his Residence within our said 
Provin(« \*'ith all Fees Rights, Profits, Priviledges & advantages what- 
soever thereunto belonging in as full and ample manner as any other 
Secretary of our said Province hath held or of right ought to have held 
and enjoyed the same, and for so doing this shall Ik* your Warrant. 
Given at our Court at St. James the day of February 17^ 

in the thiril year of our Keign 

By his Maj*^ command 
To our Attoniev or 

Solicitor Greneral. 



COLONIAL RECORDS. 77 



[B. P. B. O. NoBTH Carolina. B. T. Vol. 8. A. 3.] 



REPRESENTATION OF GOVERNOR BURRINGTON TO 

THE BOARD OF TRADE. ^ 

[March 1730.] 

To the Right Hon"* the Lords Commissioners of His Majesty's Trade 
and Plantations. 

The humble Representation of George Burrington, Governor of North 
Carolina viz* 

The Inhabitants of said Province are exceeding poor and distressed 
ariseing from the calamitys of the well known warrs with the Indians of 
the said country whereby they were not only decreased by great numbers 
who therein perished, but the rem' suffered from such incursions by the 
destruction of their Houses, Cattle & Plantations, which from his great 
care and application (when Gov' for the Proprietors) together with the 
low price of quitt rents encouraged a multitude to resort thither and 
settle, whereby the abovementioned miseries are greatly restored and 
repaired. 

Dureing the warrs with France, that Nation frequently landed and 
plundered the sea coasts, to prevent which they the said Inhabitants were 
absolutely obliged to be at great expenses to guard for the preservation 
of their propertys by establishing a force to repell tliem, which must ever 
be their care in point of any hostilities commenced by the French (tho' 
not foreseen) or any other Nation. 

This Province hath many Islands therein, of which few are inhabita- 
ble from their scituation, as seated in the Main Land and Sea which 
tc^ther with the illconvenience of the Sand Banks prevent all large mer- 
cantile Vessel Is to pass and that thro'out the Country (Cape Fear river 
excepted) from the shallow inletts to such said Rivers which causes all Mer- 
chandize to be brought in small vessells thither or by land, either from 
Virginia or other neighbouring Colonies, where there are open Ports, and 
this (Kx»sions all the European Commoditys thither brought to be at least 
5' in the pound dearer than in any such Ports and adjoyning Colonies, 
and for the same reason the protluce of North Carolina in return is sold 
^ 5' in the pound cheaper than in said Virginia and other adjoyning 
Colonies, by which manifestly appears the difference in profitt of J in 
trade. 



78 COLONIAL RECORDS. 



As North Carolina followed the rule and method of the adjoyning 
Colony of Virginia by settleing y* Quit Rent^ of Lands therein to be 
paid at 2* for each hundred acres (which does not exceed 4* English 
money) it's reasonable to believe that if such Quitt Rents are advanced 
so as to exceed the rates paid in Virginia, the Inhabitants must of course 
judge themselves rather oppressed than relieved, which will deterr them 
from cultivating an increase of Lands, when they must be more expen- 
sively obteynetl than by their Neighboui*s, which will certainly prevent 
them from engaging as they flattered themselves to doe, on the Province 
becomeing the property of the British Crown. 

Which should certainly be avoyded for that North Carolina has vast 
tracts of Land not improveable by the Power of man some part thereof 
being Pine barren Land which can never redound to the least advantage 
of the Owners (except once in 20. or 30. years) when they gather there 
from a small quantity of light wood to make pitch and tarr, and many 
vast tracts there are very low and exceeding wett, in soe much that noe 
place thereon can be found to raise the least structure to dwell in, and 
attended with the great illeonvenience of the overflux of the Rivers 
almost thro' out the Country, which terryfy all from any attempt of 
seetleing there which occasions a just fear of perishing by water and that 
in some places even for 30 miles together, as particularly on Roanoak 
River and soe in generall tho' in different d^rees. 

His Majesty's Subjects in North Carolina have in every sigular occa- 
sion (many of which have offered) evidently demonstrated their zealous 
loyalty unto His Majesty and His glorious Ancestor (particulars of which 
would be too tedious to enumerate) attended with a constant singular 
bravery, for which reasons and considerations it's humbly suggested that 
without r^ard to the previous reasons They are justly entituled to claym 
His Majesty's protection and that with the indulgence of shareing his 
Royal Favour by being placed on the same Basis of payment of Quitt 
Rents as are the other of His Majestie's Subjwts in North America 

Which with due r^ard to your Lonl"* is submitte<l to your well 
experienced wisdome & Judgment by 

Your Lonl"* most olxxlient 

Most humble Servant 

GEO. BURRINGTON. 



COLONIAL RECORDS. 79 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 26.] 



LORDS OF TRADE TO THE KING. 25 MARCH 1730. 

To the King's most Excellent Maj*^ 

May it please your Maj*^ 

In obedience to yo' Maj*^ commands signified to us by yo' Order in 
Council of the 21** of y* last month directing us to cause the draught of 
a seal to be prepared for yo' Maj. Province of North Carolina & to lay 
the same before yo' Maj*^ for your Royal approbation We humbly take 
leave to annex a draught accordingly whereon Liberty is represented 
introducing plenty to your Maj. with this Motto Quae sera tamen respexit 
and this inscription round the circumference. Sigillum Provincise nostras 
Carol inse Septentrional is 

In the reverse of this seal we would humbly propose Your Maj. arms 
Crown, Garter, Supporters & Motto with this inscription round the cir- 
cumference Geo. II. Dei Gratia Magnse Britanise Francise et Hibernise 
Rex Fidei Defensor Brunsvici et Lunenbergi Dux Sacri Romani Imperii 
Archi Thesaurarius et Elector. 

All which is humbly submitted 

WESTMORELAND 
P. DOCMINIQUE 
T, PELHAM 
Whitehall M. BLADEN 

March 25"* 1730 ED. ASHE 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 7.] 



At the Court at S* James's the 10*** day of Aprill 1730. 

Present 
The King's most excellent Majesty in Councill 
Upon reading this day at the Board a Report from the Lords Com- 
missioners for Trade & Plantations dated the 25*** of March last with 
the Draught of a seal for the Province of North Carolina, whereon Lib- 
erty is represented introducing Plenty to His Majesty with this Motto 
Quae sera tamen respexit; and this inscription round the Circumference, 



80 COLONIAL RECORDS. 



Sigillum Provincise nostiw Caroliiiaj Septentrional is. And the said Lords 
Commissioners hnmbly propose that on the Revei'se may be His Majesty's 
arms, Crown, Garter Supporters and Motto with this inscription round 
the Circumference,^Georgius Secundus, Dei Gratia, Magnse Britanniae, 
Franeiffi et Hiberuiae, Rex Fidei Defensor Brunsvici et Lunebergi Dux ; 
Saeri Romani Imperii Archi-Thesaurarius Elector: His Majesty in 
Councill this day took the same into consideration and was pleased to 
approve thereof, and to order as it is hereby ordered that His Chief 
engraver of Seals do forthwith engrave a silver Sc*al according to the 
said Draught which is hereunto annexed and to what is above proposed 
by the said Lords Commis" for the reverse of the said Seal ; & his Graw 
the Duke of Newcastle one of His Majesty's principall Secretarys of 
State is to cause a Warrant to Ikj prepartnl for His Majesty's Royall Sig- 
nature to the said Engraver as usual upon the like occasions. 

A true Coj)y 

JA: VERNON. 



[B. P. R. O. Am: A W: Ind: Vol. 22. p. 7.] 



PLACES IN THE PROVINCE OF NORTH CAROLINA IN 
THE GIFT OF HIS GRACE THE DUKE OF 

NEWCASTLE. 

Chief Justice* 

Se<Tetarv 

Attoraev General 

Provost Marshall 

When 1 was Governour for the Proprietors the Bill mony was under 
ten Thousand Pounds, att that time P^nglish Commodities sold for ten 
times the prime cost in Bills. In the last Assembly held in that Pro- 
vince in November Past an addition was made of thirty thousand |)ounds 
new Bills, which consequently makes them of very little value, the Offi- 
cers emph)vments will be verv inconsiderable if thev are not allowed to 
take their fees in Proclamation mony, or according to that value. 



COLONIAL RECORDS. 81 



[B. P. R. O. Am: A W : Ind; Vol. 22. p. 8.] 



Sir 

I have known the Bearer M' Smith for some years and can truly ^iffirm 
that he hath had a Regular Education both at the University and the 
Middle Temple, and that he hath been a Barrister at Law for two years : 
I believe him Qnallified for the Imployment he is seeking after, and that 
he is well affected to his Majestys Person and Government 
I am S*" your most humble servant 

ELDE 

April the 25'*' 1730. 

[B. P. R. (). North Carolina. B. T. Vol. 8. A. 4.] 



LETTER FROM THE DUKE OF NEWCASTLE TO THE 
LORDS COMMISSIONERS FOR TRADE 

28 APRIL 1780. 

Whitkhaij. April 28*'^ 1730. 
My Lords, 

I send your Lordships herewith, by His Majesty's Command a Copy 
of a Letter w"** I have received from M' Porter Judge of the Admiralty 
at North Carolina, containing an account of the unwarrantable proceed- 
ings of Sir Richard Everard late Governor of that Province, in giving 
Grants of Land there, to the great prejudice of His Majesty's Right to 
the same, and I am to signify to you His Majesty's pleasure, that you 
examine into this matter, and report the state of the case as it shall 
appear to you, with your opinion what may be proper for His Majesty 

to order upon it. 

HOLLES. NEWCASTLE 



LB. P. R. O. North Carolina. B. T. Vol. 21. p. 27.] 



LORDS OF TRADE TO THE KING 28 APRIL 1730. 

To the King's most Excellent Maj*- 

May it please YorR Ma.i*'' 

In our Representation to the Lords Justices of the 30*^ Aug. 1720 
accompanying a Draught of Instructions for Francis Nicholson Esq" to 
11 



82 COLONIAL RECORDS. 



be Governor of South Carolina We did propose that Commissions should 
forthwith be prepai'eil to be used in the two Provinces of South & North 
Carolina for trying of Pirates in both y* s* Provinces. 

Their Excellencies in Council on 20*** Sept. following taking the same 
into consideration did order such Commission to be prepared for the 
Province of South Carolina & by their second Order in Council of the 
11*** Oct 1720 directed this Board to lay before them y* names of persons 
proper to be incerted in y* s'* Com m icon which we did by our report 
dated the 27"* of v* same month 

•But that Order not extending to North Carolina which was then under 
the Govern* of the late Ijords Prop" no such Commicon hath ever yet 
been directed for the trying of Pirates in that Province and Your Maj. 
having been graciously pleased to appoint Capt. Burrington Gov' thereof 
We humbly propose to Your Maj. that the like Commission may be sent 
thither for the trying of Pirates as has usually l)een sent to' other Plan- 
tations under Your Maj. immediate Governm* And We humbly offer to 
Your Majesty the names of such i^ersons as we ccmceave fit to be inserted 
in the said Commission, Viz* 

George Burrington Esq" Your Maj*^'' Capt. (jcu' & Governor in Chief 
of Your Maj. Province of North Carolina in America or the Gov' or 
Command' in Chief of y* s** Provincje for the time being 

The Vice Admiral or Vice Admirals of y* s'* Province for the time 

being 

The Members of Your Maj. Council in y* said Province for the time 

l)eing 

The Judge of y* Vice Admiralty in North Carolina or y* Judge or 
Judges of the Vice Admiralty in y* s'* Province for y* time being 

The Capt" & Command" of Yor Maj. ships of war within the Admi- 
ralty jurisdiction of North Carolina for y* time being. 

The Secretary of the Province of North Carolina for the time lieing. 

The Treasurer or Receiver Gen" of y* s** Province for the time being. 

The Surveyor Gen" of Yo' Maj. Customes in Yo' Maj. Southern Prov- 
inces on the Continent of Americ»a for the time being 

The First or Chief Justice of the Provincial or Supream Court of 
North Carolina for the time being 

All which is most humbly submitted 

WESTMORELAND. T. PELHAM 
Whitehall O. BRIDGEMAN. W. CARY 

April 28*»' 1780. 



COLONIAL RECORDS. 83 



[B. P. R. O. Am: A W. Ind. No. 592.] 



COUNCIL OF TRADE TO DUKE OF NEWCASTLE 

MAY 1*^ 1730. 
My Lord 

We have had under our oonsideration your Grace's Letters to us of the 
12"* of November last and of the 28*** of last month and the Papers 
therein referred to in relation to the conduct of S' Richard Everard late 
Governor of North Carolina with respect to his unwarrantable proceed- 
ings in giving Grants of Land in that Province, and as we conceive that 
all such Grants of Land as have been made since his Majesty has pur- 
chased that Province to be void Sir Richard Everard having had no 
Authority that we know of for granting the same, we shall insert an arti- 
cle in the Instructions which we are now preparing for Captain Burring- 
ton to declare them so; We shall likewise insert several other articles 
directing the manner of Granting of Lands for the future and for the col- 
lecting his Majesty's Quit Rents thereon and shall more fully explain the 
same in our Representation thereupon to his Majesty which we shall 
enclose to your Grace 

My Lord Your Graces 

most obedient and most humble Servants 

WESTMORELAND 
DOCMINIQUE 
T. PELHAM 
Whitehall THO. FRANKLAND 

May 1'* 1730. OLIV BRIDGEMAN 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 31.] 



A. POPPLE TO FRANCIS TANE 4 JUNE 1730 

To Francis Tane Esq" 

Sir, 

My Lords Commissioners for Trade and Plantations command me to 
send you the inclosed copy of the Carolina Charter and to desire your 
opinion in point of law whether according to the said Charter any Grant 
from the Lords Proprietors of that Province be valid unless signed by 
them all and under their common seal 

I am Sir Your most humble Serv* 

ALURED POPPLE 



84 COLONIAL RECORDS. 



[B. P. R. O. B. T. South Carouna. Vol. 4. C. 90.] 



MEM: FROM COLL: JOHNSON RELATING TO SOME 

CLAUSES IN THE DRA** OF HIS ISTRUCTIONS 

FOR THE GOV : OF SOUTH CAROLINA. 

I aprehend the running the boundary line between South and North 
Carolina would admitt of the following way of expresing it to answer 
the same intent vid: That a line shall be run (by Commissioners 
appointed by each province) beginning at the Sea 30 miles distant from 
the mouth of Cape Fear River on the South West side thereof keeping 
the same distance from the said River as the Course thereof runs to the 
main sourse or head thereof and from thence the said boundary line 
shall be continued due west as far as the South Seas. But if Waccama 
River lyes within 30 miles of Cape Fear River then that River to be 
the boundary from the sea to the head thereof, and from thence to keep 
the distance of 30 miles Paralel from Cape Fear River to the head 
thereof and from thence a due West Course to the South Sea. 

(Endorsed) 
Rec* June 8*^ 
Read. June 9*** 1730. 



[B. P. R. O. Am: A W: Ind: Vol. 22. p. 9.] 



Whitehall August the 4"* 1730. 
Sir 

I am directed by the Lords Commissioners for Trade and Plantations 
to acquaint you that they have signed their Representation to his Maj- 
esty in Council upon your Instructions so long ago as the 10^ of June 
last, and have waited ever since for your List of Councillors ; But if you 
do not bring them the names of Twelve persons proper to be inserted 
upon that occasion by Monday next Their I^ordships will either send 
away your Instructions without Councillors, or name them without wait- 
ing any longer for your advice upon that subject. 

I am Sir your most humble servant 

B. WHEELOCK. 
Hon^ George Burriogton Esq" 



CX)LONIAL RECXDRDS. 85 



[B. P. R. O. Am: A W: Ind: Vol. 22. p. 9.] 



London the 8*^ of August 1730. 
Sir 

Receiving the inclosed I waited upon the Lords Commissioners of 
Trade and shewed them my old list of Councellors without any names 
against Chief Justice, and Secretary, Coll : Bladen filled them up with 
his own hand before M' Pelham and M' Brudenell ; I hope his Grace 
the Duke of Newcastle (my noble patron) will not be offended; M' 
Brudenell has promised to inform his Grace how cautious I behaved in 
this affair. 

There is nothing done yet with M' Germain tuesday next is appointed 
for meeting M' Bo wen 

I am (S') 

your most humble 

and most obedient servant 

GEO: BURRINGTON. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 8.] 



LIST OF 12 PERSONS RECOMMENDED BY CAPTAIN 
BURRINGTON TO BE OF THE COUNCIL 

OF N. CAROLINA 

Smith. Chief Justice 
Nathaniel Rice. Secretary 
James Jenoure. Surveyor 
Robert Halton Esq 
Edmund Porter Esq 
John Baptiste Ashe Esq 
James Stallard Esq** 
Eliezer Allen Esq" 
Mathew Rowan Esq" 
Richard Eyans E^" 
Cornelius Harnett Esq' 
John Porter senior Esq' 



re 
re 

re 



86 COLONIAL RECORDS. 



Smythe Esq" Chief Justice 
Nathan" Rice Esq"* Secretary Esq' 
James Genour Surveyor Esq' 
Robert Halton Provost Marshall &c. Esq' 
Edmund Porter 
John Baptiste Ashe 
James Stollard 
Eliezer Allen 
Mathew Rowan 
Cornelius Harnett 
Richard Eyans 

The Surveyor Generall of our Customs for the South District of 
America for the time being. 

^^ le*** August 1730. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 32.] 



LORDS OF TRADE TO DUKE OF NEWCASTLE 

13 AUGUST 1730. 

To his Grace the Duke of Newcastle 
My Lord, 

Your Grace will receive inclosed the Draught of General Instructions 
and of those which relate to the Acts of Trade for Capt. Burrington His 
Majesty's Governor of North Carolina with our Representation there- 
upon And we desire Your Grace will please to lay them before His 

Majesty 

We are • 

My Lord 

Your Grace's 

most obedient & 

most humble Serv** 

P. DOCMINIQUE 

T. PELHAM 

M. BLADEN 

OR. BRIDGEMAN 

JA: BRUDENELL 

Whitehall 

13"» August 1730. 



COLONIAL RECORDS. 87 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 33.] 



REPRESENTATION OF LORDS OF TRADE TO THE 

KING 13 AUGUST 1730. 

To the King's most Excellent Majesty. 
May it please Your Majesty, 

In obedienoe to Your Maj. commands signified to us by a letter from 
his Grace the Duke of Newcastle one of his Maj. principal Secretaries 
of State dated the 7*^ of Jan"^ last We have prepared the Draught of 
General Instructions and of those which particularly relate to the Acts 
of Trade & Navigation for Greorge Burrington Esq** whom Your Maj. 
has been pleased to appoint Governor of the Province of North Caro- 
lina which Instructions we have made agreeable to those given to Your 
Maj. other Governors in America and more particularly to those lately 
prepared for Col. Johnson Your Maj Gov' of South Carolina so far as 
they are applicable to the circumstances of this Province taking notice 
in this Report of such alterations as have been made therein. 

In the 1"* Article we have inserted the names of twelve persons who 
have been recommended to us as fitly qualified to serve Your Maj. in 
the Council of this Province and have added to them the Surveyor Gen- 
eral of Your Maj customs in the south part of America for the time 
being Your Maj. by your Order in Council of 26 March 1729 having 
been pleased to approve of a proposal made by this Board for appointing 
him a Member of every Council in those Governments within his dis- 
trict which the Board conceived to be for Your Maj. service 

We have inserted the 19*^ Article to the same purpose as that in Col. 
Johnson's Instructions for remitting Your Maj. share of the arrears of 
quit rents and as they are for the future to be paid in Proclamacon money 
We take leave humbly to propose that all salaries and fees payable in the 
several offices there be likewise paid in Proclamacon money and we have 
added some words to the end of this article to that purpose. 

We have inserted the 41"* Article directing the Governor to examine 
into several complaints of a very high nature made against Sir Richard 
Everard late Deputy Governor of this Province by the Council as like- 
wise into the complaints made by the said Sir Richard Everard against 
the Council and others and to report his proceedings thereupon. 

We have added the following words to the 42"'* Instruction. Viz: You 
are likewise to enquire whether any Grants of laud have been made in 



88 COIiONIAL RECORDS. 



No. Carolina and to whom without authority from ussinl* we purchased 
the interest of seven of the Proprietors of that Province which was on 
the second day of July 1729 that we may give such orders therein as 
shall be thought convenient for our service being informed that Sir Rich- 
ard Everard Deputy Governor for the late Lords Proprietors in North 
Carolina hath taken upon him to make several large Grants of land in 
that Province since Your Maj. purchased seven eighth parts thereof. 

At the end of the 59*'' Instruction we have added the words unless by 
the laws of the Province there are other fees for the like services already 
establish* having reason to believe there may be fees already settled there 
by law. 

All the other Articles in these Instructions are the same with those 
proposed by this Board for Col. Johnson Your Maj. Gov^ernor of South 
Carolina 

All which is mast humbly submitted 

P. DOCMINIQUE 
M. BLADEN 
T. PELHAM 
JA. BRUDENELL 

OR. BRIDGEMAN 
Whitehall 

13"» Aug* 1730. 



[B. P. R. O. Am: A W: Ind: Voi^ 22. p. 10.] 



Septemlw the 3"* 1730. 
May it please your Grace 

In North Carolina there are att this time ton Precinct*^, when the 
Countr}' is all over peopled there may be as many more, att present 
there is a Register in every Precinct, but if his Majesty gives a Commis- 
sion or Patent to any Gentleman to keep a General Register for the 
whole Country the Precinct Registers must drop. 

I am 

my Lord Duke 
your Graces 
most humble 

and most devoted ser\'ant 

GEO. BURRINGTON. 



COLONIAL RECORDS. 89 



[B. P. R. O. B. T. ViBaiNiA. Vou 19. R. 127.] 



LIEUT: GOV: GOOCH'S ANSWER TO QUERIES. 

4e 4c ♦ ♦ ♦ ♦ 

What number of Indians &c — 14*** 

The Indians tributary to this Government are reduced to a small 
number the remains of the Maherin and Nansemond Indians are by 
running the Boundary fallen within the limits of North Carolina. The 
Saponies and the other petty Nations associated with them being dis- 
turbed by the Tuscaruroes are retired out of Virginia to the Cattawbaws. 
So that there remain only the Pamunkeys on York River and they not 
above tenn Familys, and the Nottoways on the South side of James 
River whose strength exceeds not fifty fighting men. Both these Nations 
are seated in the midst of the English settlements, and hitherto have 
maintained a friendly correspondence with them 

What is the strength <fec 15*** 

We have no Indian Nation of any Strength nearer than the five Na- 
tions under the Government of New York on the North, and the Cat- 
tawbaws and Cherokees within the limits of Carolina to the South, and 
both of them near 400 miles from the Inhabitants of Virginia. 

(Endorsed) 
Rec* 14*** Sep* 1780. 



[ B. p. R. O. North Carolina. B. T. Vol, 8. A. 9.] 



GOV BURRINGTON TO ALLURED POPPLE ESQ" 
SECRETARY TO THE BOARD OF TRADE. 

London December 8*** 1730. 
Sir, 

I desire the I^rds of Trade &c will be pleased to j^iver other direction 
and opinion, Whether I may give new Patents to Old Land holders in 
North Carolina, paying the same Quit Rents they formerly paid for the 
same Lands Whether I may allow the House of Burgesses to nominate 
the Receivers of the Country Taxes or ought (myself) to appoint them 
I am (Sir) 

Your most humble servant 
12 GEO BURRINGTON. 



90 CX)LONIAL RECORDS. 



[B. P. R O. North Carolina. B. T. Vol. 21. p. 100.] 



ALURED POPPLE TO GOV. BURRINGTON 

10 DEC. 1730. 

To Capt. Burrington 

Sib, 

In answer to the two questions in your letter to me of the 8*"* inst. 

1** Whether you may give new Patents to old Landholders in North 
Carolina paying the same Quit rent they formerly paid for the same 
land? 

2iidiy Whether you may allow the House of Burgesses to nominate the 
Receivers of the Country Taxes or ought yourself to appoint them ? 

I am directed by the Lords C^mmiss" for Trade & Plantations to 
acquaint you that as to the first their Lordships think that you ought to 
make no Grant of land whatsoever without reserving the Quit Rents 
directed by your 43** Instruction. 

As to the 2^ their Lordships being informed that His Majesty has 

appointed a Receiver General for North Carolina they are of opinion 

that no other Receiver of Public Taxes ought to be allowed there. 

I am 

Your most hum"* Serv* 

ALURED POPPLE. 
Whitehall 

December 10^ 1730. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 37.] 



INSTRUCTIONS FOR OUR TRUSTY AND WELBELOVED 

GEORGE BURRINGTON ESQ" OUR CAPTAIN 

GENERAL AND GOVERNOR IN CHIEF IN & 

OVER OUR PROVINCE OF NORTH CARO- 

G. Rex. LINA IN AMERICA. GIVEN AT OUR COURT 

AT ST. JAMES'S THE FOURTEENTH DAY OF 
DECEMBER 1730 IN THE FOURTH YEAR OF 
OUR REIGN 

With these our lustructions vou will receive our Commission under 

» 

our Great Seal of Great Britain constituting you our Capt. General and 
Governor in Chief in & over our Province & Territory of North Caro- 



COLONIAL RECORDS. 91 



lina in America You are therefore to fit yourself with all convenient 
speed & to repair to our said Province of North Carolina and being 
arrived there you are to take upon you the execution & place of trust 
we have reposed in you and forthwith to call together the Members of 
our Council in that Province Viz: — William Smith, Nathaniel Rice, 
Jas Jenoure Robt. Halton, Edra* Poiter, John Baptiste Ashe, James 
Stallard, Eliezer Allen, Mathew Rowan Richard Eyans Cornelius Har- 
net John Porter Sen' Esq"* and the Surveyor General of our Customs 
for the South district of America for the time being. 

2. You are with all due and usuall solemnity to cause our said Com- 
mission constituting you Captain General & Governor in chief as afore- 
said to be read and published at the said Meeting of our Council which 
being done you shall yourself take & also administer unto each of the 
Members of our said Council the Oaths mentioned in an Act passed in 
the first year of his late Maj. reign, our Royal father entitled an Act for 
the further security of his Maj. person & Government and the succession 
of the Crown in the heire of the late Princess Sophia being Protestants 
for extinguishing the hopes of y* pretended Prince of Wales & his open 
& secret abettors As — ^also make & subscribe & cause the Members of 
our s* Council to make & subscribe y* declaration mentioned in an Act 
of Parliament made in y* 25*'' year of the Reign of King Charles the 
2^ entituled An Act for preventing dangers which may happen from 
Popish Recusants And you & every of them are likewise to take an Oath 
for the due execution of your & their places & trusts as well as with 
regard to your & their equal & impartial administration of justice And 
you are also to take the Oath required to be taken by Governors of Plan- 
tations to do their utmost that the Law relating to the Plantations be 
observed. 

3. You are forthwith to communicate unto our said Council such & so 
many of these our Instructions wherein their advice & consent are men- 
tioned to be requisite as likewise all such others from time to time as you 
shall find convenient for our service to be imparted to them. 

4. You are to permit the Members of our said Council to have & 
enjoy freedom of debate and vote in all affairs of public concern that 
may be debated in Council 

5. And altho' by our Commission afores* We have thought fit to direct 
that any three of our Council make a quorum It is nevertheless our 
Will and Pleasure that you do not act with a Quorum of less than five 
members unless upon emergencies when a greater number cannot con- 
veniently l)e had. 



92 COLONIAL RECORDS. 



6. And that we may be allways informed of the names & characters 
of }>erson.s fit to supply tiic Vacancies which shall happen in our said 
Council You are to transmit unto us by one of our Principal Secretaries 
of State and to our Commissioners for Trade & Plantations with all con- 
venient speed the names & characters of twelve persons inhabitants of 
our s* Province whom you shall esteem the best qualified for that trust 
And so from time to time when any of them shall die depart out of our 
s** Province or l)ecome otherwise unfit You are to nominate so manv 
other persons in their stead that the list of twelve persons fit to supply 
the s* Vac*ancies may Iw always complete. 

7. Whereas by our Commission to you You are empowered in case of 
the death or absence of any of our Council of our said Province to*fill 
up the Vacancies in the said Council to the number of seven and no more 
You are from time to time to send to us as aforesaid and to our Com" for 
Trade & Plantations the name and qualities of any Members by you put 
into the said Council by the first convenience after your so doing. 

8. And in the choic^e and nomination of the Members of our said Coun- 
cil as also of the chief officers Judges Assistants, Justices and Sherift*s 
You are always to t^ke («re that they l>e men of good life an<l well affected 
to our Government and of good estates and abilities and not netsessitous 
l^rsons. 

9. You are neither to augment nor diminish the number of our s* 
Council as it is hereby established nor to sus|)end any of the Members 
thereof without good and sufficient clause nor without the consent of the 
majority of the s* Council And in case of the suspension of any of them 
you are to cause your reasons for so doing together with the charges & 
proofs against the said persons and their answers thereunto to be duly 
entered upon the (l?ouncnl B<K)ks and fortliwith to transmit «)pies thereof 
to us as aforesaid and t<i our Commiss" for Trade & Plantations. Never- 
theless if it should happen that you should have reason for suspending of 
any Councillor not fit to be (communicated to the Council You may in 
that (Use suspend such person without their consent But you are there- 
u}K)n immediately to send to us by one of our Principal Secretaries of 
State and to our Commiss" for Trade & Plantations an accrount thereof 
with your rwLsons for such susjx?nsion as also for not communicating the 
same to the Council and duplicates thereof by the next opportunity. 

10. You aixj to signify our pleasure unto the Meml)ers of our said 
Council that ifany of them shall hereafter absent themselves from our 
said Province and continue absent alcove the spaw of twelve months 
without leave from you or from the Conunan<l(T in (?hief of the said 



COLONIAL RE<X)RDS. 93 



Province for the time being first obtained under his or your hand & seal, 
or shall remain absent for the space of two years successively without our 
leave given them under our Royal Signature, their place or places in the 
said Council shall immediately becx)me void and that we will forthwith 
appoint others in their stead. 

IL And whereas, we are sensible that effectual care ought to be taken 
to oblige the Members of our said Council to a due attendance therein in 
order to prevent the many inconveniences that may happen for want of 
a quorum of the Council to transact business as occasion may require It 
is our Will & Pleasure that if any of the Members of our said Council 
residing in the Province shall wilfully absent themselves from the Coun- 
cil Board when duly summoned without a just & lawful cause and shall 
persist therein afler admonition you suspend the said Councillors so ab- 
senting themselves till our further pleasure be known giv^ing us timely 
notice thereof And we do hereby will & require you that this our Royal 
pleasure be signified to the several Members of our said Council and 
that it be entered in the Council Books of our said Province as a stand- 
ing rule. 

12. You shall take care that the Members of the Assembly be elected 
only by freeholders as being more agreeable to the custom of this King- 
dom to which you are as near as may be to conform yourself in all par- 
ticulars. 

13. In case you find the usual Salaries or pay of the Members of the 
Assembly too high you shall take care that they be reduced to such a 
moderate proportion as may be no grievance to the country wherein nev- 
ertheless you are to use your discretion so as no inconvenience may arise 
thereby. 

14. And whereas the Members of several Assemblies in the Planta- 
tions have frequently assumed to themselves privileges no way belonging 
to them especially of being protected from suits at law during the term 
they remain of the Assembly to the great prejudice of their Creditors 
and the obstruction of justice and some have presumed to adjourn them- 
selves at pleasure without leave from our Gov' first obtained and others 
have taken upon them the sole framing of money bills refusing to let the 
Council alter or amend the same all which are very detrimental to our 
Prerogative If upon your calling an Assembly in North Carolina you 
find them insist upon any of the abovesaid privil^es you are to signify 
to them that it is our Will and Pleasure you do not allow any protection 
to any Menil)er of the Council or Assembly further than in their per- 
sons and that only in the sitting of the Assembly and that you are not 



94 (JOLONIAL RECX)RDS. 



to allow them to adjourn themselves otherwise than de die in diem except 
Sundays & Holidays without leave from you or the Commander in Chief 
for the time being first obtained and that the Council have the like power 
of framing Money Bills as the Assembly And you are hereby expressly 
enjoined not to allow the said Assembly or any of the Members thereof 
any power or privile^ whatsoever which is not allowed by us to the 
House of Commons or the Members thereof in Great Britain. 

15. You arc to observe in the passing of all laws that the style of 
enacting the same be by the Governor, Council & Assembly You are 
also as much as poasible to observe in the passing of all Laws that what- 
ever may be requisite upon each different matter be accordingly provided 
for by a different law without intermixing in one and the same Act such 
things as have no proper relation to each other And you are more espe- 
cially to take care that no clause or clauses be inserted or annexe<l to any 
Act which shall be foreign to what the title of such respective Act 
imports And that no perpetual clause be made part of any temporary 
law And that no Act whatever l)e altered suspended revived confirmed 
or repealed by general words but that the title an<l date of such Act so 
suspended altered revived «>nfirmed or repealed Ikj particularly men- 
tioned & expressed. 

IG. You are to take care that in all Acts or Orders to be passeil within 
that our Province in any case for levying money or imposing fines or 
penalties express mention be made that the same is granted or reserved 
to us our Heirs and Successors for the public uses of that our Province 
and the support of the Govern* thereof as by the said Ac»t or Order shall 
be directed And you are particularly not to pass any law or do any Act 
by Grant Settlement or otherwise whereby our Revenue may be lesseneil 
or impaired without our s]>ecial leave or command therein. 

17. You are not to permit any (Jause whatsoever to be inserted in any 
law for levying Money or the value of money whereby the same shall not 
be ma<le liable to be accounted for unto us and to our Comm" of our 
Treasury or to our High Treasurer for the time being and audited by 
our Auditor General of our Plantations or his Deputy for the time 
being. 

18. And it is our express will & pleasure that no I^aw for raising any 
imposition on wine or other strong liquors be made to wntinue for less 
than one whole year as also that all other Laws made for the supply & 
support of the Government shall be indefinite and without limitation 
except the same 1k» for a tem|)orary service and which shall expire and 
have their full effovt within the time prefixt. 



COLONIAL RECORDS. 95 



19. Whereas we have been at very considerable charge in purchasing 
the Sovereignty of the Provinces of South & North Carolina together 
with seven eighths parts of the land thereof from the late Lords Pro- 
prietors and have actually paid them in consideration of seven eighths 
parts of Quit rent only allied to be due and in arrear to them from the 
inhabitants of our said Province the sum of £5,000 Now as a further 
mark of our Royal Bounty & fatherly indulgence to our people under 
your government We do hereby empower you to give your assent to a 
law if not already done for remitting the said arrears Provided that by 
the same law all possessors of land in our Province under your govern- 
ment do forthwith register their respective grants by which they claim 
such lands in the office of our Auditor Greneral or his Deputy a copy of 
which Register and of all Grants to be made for the future you are to 
send to us as aforesaid & to our Comm" for Trade & Plantations and 
that every person possessing land in the Province by virtue of any Grant 
from the late Lords Proprietors do for the future pay to us our Heirs 
and Successors the annual Quit rents reserved upon such Grants respec- 
tively in Proclamation money and that the salaries and fees payable to all 
Officers under your govern* be for the future likewise be paid in procla- 
mation money. 

20. Whereas Acts have been passed in some of our Plantations in 
America for striking bills of credit & issuing out the same in lieu of 
money in order to discharge their public debts and for other purposes from 
whence several inconveniencies have arisen It is therefore Our Will & 
Pleasure that you do not give your assent to or pass any Act in our Pro- 
vince in your government whereby bills of credit may be struck or issued 
in lieu of money without a clause being inserted in such Act declaring 
that the same shall not take effect until the said Act shall have been ap- 
proved & confirmed by us our heirs and successors and It is our Will and 
pleasure that you do immediately send an account to us & to our Comm" 
for Trade <fe Plantations whether any pai3er bills be now current in North 
Carolina and if any to the amount of what sum and what fund is pro- 
vided for striking of them as likewise whether the same be at any and 
what discount and for what time they are current. 

21. And whereas great mischiefs may arise by p&ssing bills of an unu- 
sual and extraordinary nature & importance in the Plantations which 
Bills remain in force there fi^m the time of enacting until our pleasure 
be signified to the contrary We do hereby will and require you not to 
pass or give your assent to any Bill or Bills in the Assembly of our 
said Province of unusual and extraordinary nature and importance 



96 COLONIAL RECORDS. 



wherein our prerogative or the property of our subjects may be prejudiced 
or the trade & shipping of this Kingdom be any ways affected until you 
shall first have transmitted unto us the draught of such a Bill or Bills 
and shall have received our Royal pleasure thereupon unless you take care 
in the passing of any Bill of such nature as aforementioned that there be 
likewise a clause inserted therein suspending & deferring the execution 
thereof until our pleasure shall be known concerning the same. 

22. And whereas several laws have formerly been enacted in some of 
our Plantations in America for so short a time that our assent or refusal 
thereof could not be had thereupon before the time for which such laws 
were enacted did expire You shall not therefore give your assent to any 
law that shall be enacted for a less time than two years except in the cases 
mentioned in the forgoing 18*** Article. 

23. And our further will and pleasure is that you do not re-enact any 
law to which the assent of us or our Royal Predecessors has once been 
refused without express leave for that purpose first obtained from us upon 
a full representation by you to be made to us and to our Comm" for Trade 
and Plantations of the reason and necessity for juLssing such law nor give 
your assent to any law for re|)ealing any other law passed in your govern- 
ment whether the same has or has not recciveil our myal approbation 
unless you take care that there Ik* a clause* therein sus|K'nding & deferring 
the execution thereof until our pleasni'e shall be known concerning the 
same. 

24. You are also to take care that no private Act whereby the prop- 
erty of any private person may be affected be passed in which there is 
not a saving of the rights of us our heirs & successors all Bodies politic 
and corporate and of all other |)ersoiis exwpt such as are mentioned in 
the same Act and thase claiming by from or under them And further 
you shall take cai'e that no such private act Ik* passed without a clause 
sus|)ending the executicm thereof until the same shall have receiveil our 
royal approbation It is likewise our will and pleasure that you do not 
give your assent to any private act until proof be made befoi*e you in 
Council (and entered in the Council Book) that public notification was 
made of parties intention to apply for such Act in the several parish 
churches where the pnMuistis in question lye for three Sundays at least 
successively before such Act was brought into the Assembly. 

25. And that we may the better understand what Acts & Laws are in 
force in our said Province of North Carolina You are with the assistance 
of the Council to take care that all Laws now in fort* there be revived 
& considered and if there be anything either in the matter or style of 



COLONIAL RECORDS. 97 



them which may be fit to be retrenched or altered You are to represent 
the same to iis with your opinion touching the said laws now in force 
(whereof you are to send a complete body unto us and to our Comm" 
for Trade & Plantations at the end of the first Session of Assembly 
after your arrival there as they now are together with such proposals for 
alterations as you shall think requisite to the end our approbation or dis- 
allowance may be signified thereupon. 

26. And we do hereby particularly require and enjoyn you upon pain 
of our highest displeasure to take care that fair books of accounts of all 
receipts and payments of all public monies be duly kept and the truth 
thereof be attested upon oath and that all such accounts be audited & 
attested by our Auditor General of our Plantations or his Deputy who 
is to transmit copies thereof to our Comm" of our Treasury & to our 
High Treasurer for the time being and that you do every half year or 
oftener send another copy thereof attested by yourself to our Comm" 
for Trade and Plantations and duplicates thereof by the next conven- 
ience in which Book shall be specified every particular sum raised or dis- 
posed of together with the names of the persons to whom any payments 
shall be made to the end We may be satisfied of the right and due appli- 
cation of the revenue of our said Province with the probability of the 
increase or diminution of it under everv head or article thereof. 

27. And you are likewise to transmit authentic copies of all laws stat- 
utes and ordinances which at any time hereafter shall be made or enacted 
within our said Province each of them separately under the public 
seal unto us as aforesaid and to our Comm" for Trade <fe Plantations 
within three months or sooner after their being enacted together with 
duplicates thereof by the next conveyance upon pain of our highest dis- 
pleasure and of the forfeiture of that year's salary wherein you shall at 
any time or upon any pretence whatsdever omit to send over the said 
Laws Statutes & Ordinances aforesaid within the time above limited and 
also of such other penalty as we shall please to inflict And you are 
hereby directed that the copies and duplicates of the said Acts be fairly 
abstracted in the Margins But if it shall happen that no shipping shall 
oome from our said Province within three months after the making 
such laws statutes and ordinances whereby the same may be transmitted 
as aforesaid then the said Laws Statutes & Ordinances are to be trans- 
mitted by the next convenience aft«r the making thereof whenever it 
may happen for our approbation or disallowance of the same. 

28. And our further Will and Pleasure is that every Act which shall 
be transmitted the several dates or respective times when the same passed 

13 



98 COLONIAL RECORDS. 



the Assembly, the Council and received your Assent be particularly 
expressed And you are to be as explicit as may be in your observations 
(to be sent to Our Comm" for Trade & Plantations) upon every Act 
that is to say whether the same is introductive of a new Law declaratory 
of a former Law or does repeal a Law then before in being Aiid you 
are likewise to send to our said Comm" the reasons for the passing of 
such Law unless the same do fully appear in the preamble of the said Act 

29. You are to require the Secretary of our said Province or his 
Deputy for the time being to furnish you with transcripts of all such 
Acts and public Orders as shall be made from time to time together with 
a copy of the Journals of the Council and that all such transcripts and 
copies be fairly abstracted in the margins to the end the same may be 
transmitted unto us and to our Comm" for Trade & Plantations as above 
directed which he is duly to perform upon pain of incurring the forfeit- 
ure of his place 

30. You are also to require from the Clerk of the Assembly or other 
proper OflScer transcripts of all Journals & other proceedings of the 
said Assembly abstracted in the mai^ins to the end the same may be 
in like manner transmitted as aforesaid. 

3L Whereas several inconveniencies have arisen in our Governments 
in the Plantations by gifts and presents made to the Governors by the 
General Assemblies You are therefore to propose unto the said General 
Assembly and to use your l)est endeavour that an Act be passed for 
raising and settling a public revenue for defraying the necessary charge 
of the government of the said Province and that therein provision be 
particularly made for a competent salary to yourself as Capt. General 
and Governor in chief of our said Province and to any other succeeding 
Capt. General and Governor in chief for supporting the dignity of the 
said OflSce as likewise due pn)vision for the contingent charges of our 
Council & Assembly and for the salaries of the resj>ective Clerks and 
other Officers thereunto belonging as likewise for all other Officers nec- 
essary for the administration of that government and where such revenue 
shall have been settled & provision made as aforesaid It is our express 
will and pleasure that neither you the Gov' nor any Governor Lieut. 
Gov' or Commander in Chief or President of the Council of our said 
Province of North Carolina for the time do give your or their consent 
to the passing any law or act for any gift or present to be made to you 
or them by the Assembly and that neither you nor they do receive any 
gift or present from the Assembly or others on any a(!count or in any 
manner whatsoever upon pain of our highest displeasure and of being 
recalled from that Government. 



COLONIAL RECORDS. 99 



32. And We do further direct and require that this Declaration of our 
Royal Will and Pleasure contained in the forgoing article be communi- 
cated to the Assembly at their first Meeting after your arrival in that 
Province and entered in the Journals of the Council and Assembly that 
all persons whom it may concern may govern themselves accordingly. 

33. And whereas for some years past the Governors of some of our 
Plantations have seized and appropriated to their own use the produce 
of whales of several kinds taken upon those coasts upon pretence that 
whales are royal fishes which tends greatly to discourage this branch of 
fishery in our Plantations and prevent persons from setling there It is 
therefore Our Will & Pleasure that you do not pretend to any such claim 
nor give any manner of disoouragem* to the fishery of our subjects upon 
the coasts of the Province of North Carolina under your government 
but on the contrary that you give all possible encouragem* thereto 

34. And whereas great prejudice may happen to our service and to 
the security of our said Province by your absence from those parts you 
are not upon any pretence whatsoever to come to Europe without having 
first obtained leave for so doing from us under our Sign Manual & Sig- 
net or by our Order in our Privy Council Yet nevertheless in case of 
sickness you may go to New York or any other of our Northern Plan- 
tations and there stay for such a space as the recovery of your health 
may absolutely require. 

35. And whereas we have thought fit by our Commission to direct 
that in case of your death or absence from our said Province and in case 
there be at that time no person upon the place commissioned or appointed 
by us to be our Lieut. Gov' or Commander in chief the eldest Council- 
lor whose name is first placed in these our Instructions to you and who 
shall be at the time of your death or absence residing within our said 
Province of North Carolina shall take upon him the administration of 
the Government & execute our Commission & Instructions and the sev- 
eral powers and authorities therein contained in the manner therein 
directed It is nevertheless our express will and pleasure that in such case 
the said President shall forbear to pass any Acts but what are immedi- 
ately necessary for the peace and welfare of our said Colony without our 
particular orders for that purpose And that he shall not take upon him 
to dissolve the Assembly then in being nor to remove or suspend any of 
the Meml)er8 of our said Council nor any Judges Justices of the Peace 
or other Officers Civil or Military without the consent of at least seven 
of the Council And the said President is to transmit to us and to our 
said Commiss" for Trade and Plantations by the first opportunity the rea- 
sons for such alterations signed lny himself and by our Council. 



100 COLONIAL RECORDS. 



36. And whereas we are willing in the best manner to provide for the 
support of the government of our said Province by setting apart a suffi- 
cient allowance to such as shall be our Lieut. Governor Commander in 
Chief or President of our Council for the time being within the same 
Our Will and Pleasure therefore is that when it shall happen that you 
shall be absent from our said Province one full moiety of the Salary and 
of all perquisites and emoluments whatsoever which would otherwise 
become due unto you shall during the time of your absence from our said 
Province be paid & satisfieil unto such Lieut. Governor Commander in 
Chief or President of the Council who shall be resident upon the place 
for the time being which we do hereby order and allot unto him towards 
his maintenance and for the better support of the dignity of that our 
Government. 

37. You are not to suffer any public money whatsoever to be issued 
or disposed of otherwise than by warrant under your hand by the advice 
and consent of our Council but the Assembly may nevertheless be per- 
mitted from time to time to view and examine all accounts of money or 
value of money disposed of by virtue of laws made by them which you 
are to signify to them as there shall be occasion 

38. Whenever it is necessary that our rights and dues be preserved & 
recovered and that speedy and effectual justice be administred in all 
cases relating to our Revenue You are to take care that a Court of Ex- 
chequer be called and do meet at all such times as shall be needful And 
you are upon your arrival to inform us and our Comm" for Trade and 
Plantations whether our service may require that a constant Court of 
Exchequer be settled & established there 

39. You shall not remit any fines or forfeitures whatsoever above the 
sum of ten pounds nor dispose of any forfeitures whatsoever until upon 
signifying unto our Comm" of the Treasury or our High Commiss' for 
the time being and to our Comm" for Trade & Plantations the nature of 
the offence and the occasion for such fines & forfeitures with the particu- 
lar sums or value thereof (which you are to do with all speed) you shall 
have received our directions therein But you may in the meantime sus- 
pend the payment of the said fines & forfeitures. 

40. It is our Will and Pleasure that you do not dispose of any for- 
feitures or escheats to any person until the Sheriff or other proper officer 
has made enquiry by a jury upon their oaths into the true value thereof 
And you are to take care that the produce be duly paid to our Receiver 
General of our said Province and a full account thereof transmitted to 
our Coram" of our Treasury or our High Treasurer for the time being 




COLONIAL RECORDS. 101 



and to our Comin" for Trade & Plantations with the names of the per- 
sons to whom dispased And provided that in the Grants of all forfeited 
& escheated lands there be a clause obliging the Grantee to cultivate 
three acres for every fifty acres within three years after the passing of 
such Grant in case the same was not so cultivated & planted before 
And that there be proper savings and reservations of quit rents to us our 
Heirs & Successors. 

41. Having received an Address from the Members of our Council of 
North Carolina and other pa}>ers«>ntaining several complaints of a very 
high nature against Sir RichanI Everard Bart, late Deputy Governor of 
that Province and the said Sir Richard Everard having written a letter 
to the Duke of Newcastle one of our principal Secretaries of State where- 
unto are annexed the copies of such Orders & Resolutions as he the said 
Sir Ricliard Everard delivered to our said Council of North Carolina 
relating to the Grants) of land there and the filling up vacant places in that 
government We have thought fit for our service that the said papers or 
true copies thereof should \ye delivered to you and you will receive them 
from our Comm" for Trade & Plantations Whereupon it is our Will and 
pleasure that at your arrival in your government you do make diligent 
enquiry into the several matters contained in those papers copies whereof 
you are to communicate to the parties concerned allowing them free lib- 
erty to examine witnesses in support of their respective allegations And 
if upon enquiry you shall find them or any of them to be guilty of the 
crimes laid to their charge you shall give directions for their being pros- 
ecuted according to law sending a full account of your proceedings therein 
to us by one of our principal Secretaries of State and to our Comm" for 
Trade and Plantations. 

42. Whereas great inconveniencies have arisen in many of our Colonies 
in America from the granting of excessive quantities of land to particular 
persons which they have never cultivated and have thereby prevented 
others more industrious from improving the same more particularly in 
North Carolina where several persons claim a right to many thousand 
acres which they have not yet taken up and many other persons a right 
to many more acres of land than are expressed in their said Grants It 
is therefore our Will and Pleasure that you do not suffer any person to 
possess more acres of uncultivated land than are mentioned in their 
respective grants And you are hereby directed to recommend to the Assem- 
bly of our said Province to pass an Act or Acts whereby the owners of 
all lands already granted by the late Lords Proprietors shall be obliged 
within a reasonable time to take possession of and cultivate the lands by 



102 CJOLONIAL RECX)RD8. 



them claimed on penalty of forfeiture of such right of claim And to pre- 
vent the like inconveniencies for the future in all Grants of land to be 
made by you by and with the advice and consent of our Council You are 
to take especial care that no Grant be made to any person but in propor- 
tion to his ability to cultivate the same And that proper clauses be inserted 
for vacating the said Grants on failure of cultivation or payment of the 
Quit TenU reserved thereon And as the most probable measure for your 
judgment in this particular will be to proportion the quantity of land to 
the number persons and slaves in each Grantees family You are hereby 
directed not to grant to any person more than fifty acres for every white 
or black man woman or child of which the Grantees family shall consist 
at the time the grant shall be made But in the laying out of all lands 
for the future where such lands shall be contiguous to rivers You are to 
take care that not above one fourth part of the land granted shall border 
upon the river that is to say there shall be four chains in depth backwards 
to every chain in front upon the said river respectively and so in propor- 
tion for any larger quantity and that a free passage to and from the said 
river be reserved for the use of all His Majesty's subjects, 

43. And Whereas by our Commission you are empowered to settle 
and agree by and with the advice of our said Council with the inhabi- 
tants of our said Province for such lands tenements & hereditaments as 
now are or hereafter shall be in our power to dispose of and them to 
grant to any person or persons upon such terms and under such moder- 
ate quit rents services & acknowledgements to be thereupon reserved 
unto us as you by advice aforesaid shall think fit It is nevertheless our 
Will and Pleasure that you do not make any grant of land to any per- 
son whatsoever under a less Quit rent than four shillings Proclamation 
money for every hundred acres. 

44. You shall not displace any of the Judges Justices Sheriffs or 
other Officers or Ministers in our said Province without good and suffi- 
cient cause to be signified unto us and to our Comm" for Trade & Plan- 
tations And to prevent arbitrary removals of the Judges & Justices of 
the Peace you are not to express any limitation of time in the Commis- 
sions which you are to grant with the advice and consent of our Council 
of our said Proviribe to })ersons fit for those employments nor shall you 
execute by yourself or your Deputy any of the said Offices nor suffer any 
person to execute more Offices than one by Deputy. 

46. You are shall not erect any Court or Office of Judicature not before 
erected or established nor dissolve any C-ourt or Office already erected or 
established without our special order. 



COIX)NIAL RECORDS. 103 



46. You are to transmit unto us and to our Commissioners for Trade 
and Plantations with all convenient speed a particular account of all 
establishments of Jurisdictions Courts OflSoes & Officers Powers Author- 
ities, fees and privil^es granted and settled within our said Province as 
likewise an account of all public charges relating to the said Courts and 
of such funds as are settled & appropriated to discharge the same together 
with exact and authentic copies of all proceedings in such causes where 
appeals shall be made to us in our Privy Council. 

47. And Whereas by an Act entitled an Act for establishing an 
Agreement with seven of the Lords Proprietors <if Carolina for the sur- 
render of their title and interest in that Province to His Majesty passed 
in the second year of our reign there is a saving to all persons claiming 
any office or place under any Grant made before Jan'^ 1"* 172|^ under the 
Lords Proprietors common seal of all rights to such offices or places as 
they had at the time of passing that Act or might have been entitled to 
in case the said Act had not been made You are immediately upon your 
arrival in North Carolina to make- diligent enquiry what those Offices 
are. their several values how their profits arise in what manner executed, 
for what term they are granted and whether they or any of them are 
useful or hurtful to the Province And that we may be the better apprized 
thereof you are to send to us and to our Comm" of Trade and Plantations 
as aforesaid authentic copies of all such Grants together with your expla- 
nations and remarks thereon in which you are to be very explicit to the 
end you may receive our further diret^tions therein But in the mean time 
you are to take especial care that no Office or Place whatsoever in our 
said Province be exe<?uted but by Commission to be granteil by us or by 
you our Governor under the seal of our said Province. 

48. And you are with the advice and (consent of our Council to take 
.special care to regulate all salaries and fees belonging to places or paid 

upon emergencies that they be within the bounds of moderation and that 
no exactions be made on any occasion whatsoever As also that tables of 
all fees be publicly hung up in all places where such fees are to be paid. 
And you are to transmit copies of all such tables of fees to us and to our 
Comm" for Trade and Plantations as aforesaid. 

49. And whereas frequent complaints have been made of great delays 
and undue proceedings in the Courts of Justice of several of our Planta- 
tions whereby many of our good subjects have very much suffered, and it 
being of the greatest importance to our service and to the welfare of our 
Plantations that justice be everywhere speedily and duly administered 
and that all disorders delays and other undue practises in the administra- 



104 COLONIAL RECX)RDS. 



tion thereof be effectually prevented We do particularly require you to 
take especial care that in all Courts where you are authorized to reside 
justice be impartially administered and that in all other Courts established 
within our said Province all Judges & other persons therein concerned do 
likewise perform their several duties without delay or partiality. 

50. You are to take care no Court of Judicature be adjourned but upon 
good grounds as also that no orders of any Court of Judicature be entered 
and allowed which shall not be first read and approved of by the Magis- 
trates in open Court which rule you are in like manner to see observed 
with relation to the proceedings of our Council of North Carolina And 
that all Orders there made be first read and approved in Council before 
thev are entered on the Council Books. 

51. Whereas We are above all things desirous that our subjects may 
enjoy their l^al rights and privileges you are to take especial care that if 
any person be committed for any criminal matters unless for treason or 
felony plainly and especially expressed in the warrant of commitment he 
have free liberty to petition by himself or otherwise the Chief Baron or 
any one of the Judges of the Common Pleas for a Writ of Hal)eas Corpus 
which upon such application shall be granted & served on the Provost 
Marshal Gaoler or other officer having the ciLstody of such prisoner or 
shall b(» left at the gaol or plac^e where the prisoner is confined And the 
said Provost Marshal or other offi<H?r shall within three days after such 
service on the |)ctitioner's paying the fees and charges and giving security 
that he will not esc»|)e by the way make return of the Writ and Prisoner 
l)efore the Judge who granted out the said Writ and there certify the true 
cause of the imprisonment And the said Baron or Judge shall discharge 
such prisoner taking his re(»ognizance & sureties for his appearance at the 
Court where his offence is c»ognizable & certify the said Writ & Recog- 
nizance into the Court unless such offences appear to the said Baron or 
Judge not bailable by the laws of England. 

52. And in case the said Baron or Judge shall refuse to grant a Writ 
of Habeas Corpus on view of the copy of commitment or upon oath made 
of such copy having been denyed the prisoner or any person requiring 
the same in his behalf or shall delay to discharge the prisoner after the 
granting of such Writ the said Baron or Judge shall incur the forfeiture 
of his place. 

53. You are likewise to declare our pleasure that, in case the Provost 
Marshal or other officer shall imprison any person above twelve hours 
except by a Mittimus setting forth the cause thereof he be removed from 
his said office. 



CX)LONIAL RECORDS. 105 



54. And upon the application of any person wrongfully committed the 
Baron or Judge shall issue his warrant to the Provost Marshal or other 
officer to bring the prisoner before him who shall be discharged without 
bail or paying fees And the Provost Marshal or other officer refiising 
obedience to such Warrant shall be thereupon removed And if the said 
Baron or Judge denies his Warrant he shall like^vise incur the forfeiture 
of his place. 

55. You shall give directions that no prisoner being set at large by an 
Habeas Corpus be recommitted for the same offence but by the Court 
where he Ls bound to appear And if any Baron Judge Provost Marshal 
or other officer contrary' hereunto shall recommit such person so bailed or 
delivered You are to remove him from his place And if the Provost 
Marshal* or other officer having the custody of the prisoner returns the 
Habeas Corpus or reAises a copy of the commitment within six hours 
after demand made by the prisoner or any other in his behalf he shall 
likewise incur the forfeiture of his place. 

56. And for the better prevention of long imprisonment You are to 
appoint two Courts of Oyer and Terminer to ire held yearly Viz: On 
the 2"* Tuesday in December and the 2* Tuesday in June the charge 
whereof to be paid by the public treasury of our said Province not 
exceeding one hundred pounds each sessions. 

57. You are to take care that all prisoners in case of treason or felony 
have free liberty to petition in open Court for their tryals That they be 
indicted at the first Court of Oyer & Terminer unless it appear upon 
oath that the Witnesses against them could not be produced and that they 
be tryed the second Court or discharged And the Baron or Judge upon 
motion made the last day of the Sessions in open Court shall discharge 
the prisoner accordingly And upon the refusal of the said Baron or 
Judge or Provost Marshal or other Officer to do their respective duties 
herein they shall be removed from their places. 

58. Provided always that no person be discharged out of prison who 
stands committed for debt by any decree of Chancery or any l^al pro- 
ceedings of any Court of Record. 

59. And for the preventing of any exactions that be made upon pris- 
oners You are to declare our pleasure that no Baron or Judge shall 
receive for himself or clerks for granting a Writ of Habeas Corpus more 
than 2* 6* and the like sum for taking a recognizance And that the Pro- 
vost Marshal or other officer shall not receive more than 5' for every 
commitment. For the Bond the prisoner is to sign 1' 3*. For every 
copy of a Mittimus 1* J^ And every Mile he brings back the prisoner 1* 

14 



\ 



U)6 COLONIAL RECORDS. 



3* Unless by the laws of that Province there are other fees already estab- 
lished. 

60. And further You are to cause this our Royal pleasure signifyed 
unto you by the ten articles of instruction immediately preceding this to 
be made public and roistered in the Council Books of our said Prov- 
ince. 

61. You are for the better administration of justice to endeavour to get 
a law passed (if not already done) wherein shall be set the value of men's 
estates either in goods or lands under which they shall not be capable of 
serving as jurors. 

62. You are to take care that no Man's Life Member Freeliold or 
Goods be taken away or harmed in our said Province otherwise than by 
established and known laws not repugnant to but as near as may be 
agreeable to the laws of this Kingdom And that no persons be sent pris- 
oners to this Kingdom from our said Province without sufficient proof 
of their crimes and that proof transmitted along with the said prisoners. 

63. You shall endeavour to get a Law passed (if not already done) 
fof the restraining of any inhuman severity which by ill masters or their 
overseers may be used towards their Christian servants and their slaves 
and that provision be made therein that the wilful killing of Indians & 
N^roes may be punished with death and that a fit penalty be imposed 
for the maiming of them. 

64. You are to take care that all Writs within our Province be issued 
in our name. 

65. You shall take care with the advice & assistance of our Council 
that all Court Houses & other public buildings & especially prisons that 
want reparation be forthwith repaired and be put into & kept in such a 
condition as is proper & necessary for the holding of Courts keeping 
offices and securing the prisoners that are or shall be there in proper 
custody. 

66. Our Will and Pleasure is that appeals be permitted to be made in 
cases of error from the Courts in our said Province unto you and the 
Council there in Civil causes Provided the value appealed for do exceed 
the sum of One Hundred Pounds sterling and security be first given by 
the Appellant to answer such charges as shall be awarded in case the first 
sentence shall be affirmed Provided also that if any of the said Council 
shall at that time be Judges of the Court from whence such appeal shall 
be made to you our Governor & Council or to the Commander in chief 
for the time being and Council such Councillor or Councillors shall not 
be permitted to vote upon the said Appeal But he or they may neverthe- 



COLONIAL RECORDS. 107 



less be present at the hearing thereof to give the reasons of the judgment 
given by him or them in the cause wherein such appeal shall be made. 

67. And if either party shall not rest satisfyed with the judgment of 
you or the Commander in Chief for the time being and Council as afore- 
said Our Will & Pleasure is that they may then appeal unto us in our 
Privy Council provided the sum or value so appealed for unto us do 
exceed the real value and sum of three hundred pounds sterling And 
that such appeal be made within fourteen days after sentence & good 
security given by the Appellant that he will effectually prosecute the same 
and answer the condemnation and also pay such costs and damages as 
shall be awarded by us in case the sentence of you or the Commander in 
chief for the time being and Council be affirmed And it is Our further 
Will and Pleasure that in all cases whereby your Instructions you are 
to admit Appeals unto us in our Privy Council execution be suspended 
until the final determination of such Appeal unless good and sufficient 
security be given by the Appellee to make ample restitution of all that 
the Appellant shall have lost by means of such judgment or decree in 
case upon the determination of such Appeal such judgment or decree 
should be reversed and restitution awarded to the Appellant And you 
shall cause this declaration of Our Will and Pleasure to be forthwith 
entred upon the Council Books of our said Province that all parties may 
govern themselves accordingly. 

68. You are also to permit Appeals unto us in Council in all cases of 
fines imposed for Misdemeanors Provided the fines so imposed amount 
to or exceed the sum of one hundred pounds sterling the Appellant first 
giving good security that he will effectually prosecute the same and answer 
the condemnation if the sentence by which such fine was imposed in 
North Carolina shall be confirmed. 

69. Whereas there are or may be several offices within our said Pro- 
vince granted under the great seal of Great Britain and that our service 
may be very much prejudiced by reason of the absence of the patentees 
and by their appointing Deputies not fit to officiate in their stead You 
are therefore to inspect the said offices and to enquire into the capacity 
and behaviour of the persons exercising them & to report thereupon to 
us and to our Commiss" for Trade & Plantations what you think fit to 
be done or altered in relation thereunto And you are upon the misbeha- 
viour of any of the said Patentees or their Deputies to suspend them 
from the execution of ^eir places till you shall have represented the 
whole matter unto us and received our direcoons therein An<l in case of 
the suspension of any such officer it is Our express Will and Pleasure 



108 COLONIAL RECX)RDS. 



that you take care that the person appointed to execute the plaoe during 
such suspension do give sufficient security to the person suspended to be 
answerable to him for the profits accruing during such suspension in case 
We shall think fit to restore him to his place again It is nevertheless Our 
Will and Pleasure that the person executing the place during such sus- 
pension shall for his encouragement receive the same profits as the per- 
son suspended (if a Deputy) did or a moiety of the profits in case of sus- 
pension of the Patentee But you shall not by colour of any power or 
authority hereby or otherwise granted or mentioned to be granted unto 
you take upon you to give grant or dispose of any place or office within 
the said Province which now is or shall be granted under the Great Seal 
of this kingdom any further than that you may upon the vacancy of any 
such office or place or upon the suspension of any such Officer by you 
as aforesaid put in any fit |)erson to officiate in the interval till you have 
represented the matter unto us and to our Comm" for Trade & Planta- 
tions as aforesaid which you are to do by the first opportunity and till 
the said Office or place \ye disposed of by us our Heirs and Successors 
under the Great Seal of this Kingdom or that our further directions be 
given therein And it is Our express Will and Pleasure that you do coun- 
tenance and give all due encouragement to our Patent Officers in the 
enjoyment of their accustomed fees and rights privil(^es & emoluments 
according to the true intent & meaning of their patents. 

70. And whereas Orders have been given for commissi onating fit per- 
sons to be Officers of our Admiralty and Customs in our several Planta- 
tions in America And whereas it is of great importance to the trade of 
this Kingdom and to the welfare of our Plantations that all illegal trade 
\ye prevented and suppressed You are therefore to take especial care that 
the Acts of Trade and Navigation l)e duly put in execution & in order 
thereunto you are to give constant protection and all due enc*ouragement 
to the said officers of our Admiralty and Customs in a due execution of 
their respective offices and trusts in our said Province under your Gov- 
ernment. 

71. And whereas several complaints have been made by the Surveyor 
General and other officers of our Customs in our Plantations in America 
that they are fi-equently obliged to serve on Juries and personally to 
appear in arms whenever the Militia is drawn out and thereby are much 
hindered in the execution of their employments Our Will and Pleasure is 
that you take effectual (are and give the necessary directions that the sev- 
eral Officers of our Customs be excused and exempted from serving on any 
Juries or personally appearing in arms in tlie Militia unless in case of 



COLONIAL RECORDS. 109 



absolute necessity or serving any parochial offices which may hinder them 
in the execution of their duties. 

72. And whereas the Surveyors Greneral of our Customs in the Plan- 
tations are impowered in case of the vacancy of any of the Officers of 
the Customs by death removal or otherwise to appoint other persons to 
execute such offices until they receive further directions from our Comm" 
of our Treasury or our High Treasurer or Com" of our Customs for the 
time being But in r^ard the districts of the said Surveyors General are 
very extensive and that they are required at proper times to visit the 
Officers in the several Gov*" under their inspection and that it might 
happen that some of the Officers of our Customs in the Province of 
North Carolina may die at the time when the Surveyor General is absent 
in some distant part of his district so that he cannot receive advice of 
such Officer^s death within a reasonable time and thereby make provision 
for carrying on the service by appointing some other person in the room 
of such Officer who may happen to die therefore that there be no delay 
given on such occasions to the Masters of ships or Merchants in their 
dispatches It is Our further Will and Pleasure in (»se of such absence 
of the Surveyor General and if he should happen to die and in such 
cases only that upon the death of any Collector of our Customs within 
that our Province You shall make choice of a person of known loyalty 
experience diligence & fidelity to be employed in such Collector's room 
for the purposes aforesaid until the Surveyor General of our Customs 
shall be advised thereof and appoint another to succeed in their places 
or that further directions be given therein by our Com" of our Treasury 
or our High Treasurer or by the Comm" of our Customs for the time 
being which shall be first signifyed taking care that you do not under 
pretence of this instruction interfere with the powers & authorities given 
by the Comm" of our Customs to the Surveyor General when he is able 
to put the same in execution. 

73. You shall administer or cause to be administred the Oaths ap- 
pointed to be administred in the Act entituled An Act for the further 
security of His Majesty's person & Government and the Succession of 
the Crown in the Heirs of the late Princess Sophia being Protestants and 
for extinguishing the hopes of the pretended Prince of Wales and his 
open & secret abettors to the Members & Officers of our Council and 
Assembly and to all Judges Justices and other persons that hold any 
office or place of trust or profit in our said Province whether by virtue 
of any patent under our Great Seal of Great Britain or the public seal 
<»f our said Province of North Carolina or otherwise And You shall also 



110 COLONIAL RECX)RDS. 



cause them to make and subscribe the aforesaid Declaration without the 
doing of all which you are not to admit any person whatsoever into any 
public office nor suffer those that have been formerly admitted to continue 
therein. 

74. You are to permit a liberty of conscience to all persons (except 
papists) so as they be contented with a quiet and peaceable enjoyment of 
the same not giving offence or scandal to the Govern* 

75. You shall take especial care that God Almighty be devoutly & 
duly served throughout your Govern* the Book of Common Prayer as 
by law established read each Sunday & Holiday and the blessed Sacra- 
ment admiuistred according to the rites of the Church of England. 

76. You shall take care that the Churches already built there be well 
and orderly kept and that more be built as the Province shall by God's 
blessing be improved and that besides a competent maintenance be as- 
signed to the Minister of each Orthodox Church a convenient House be 
built at the ct)mmon charge for each minister and a competent propor- 
tion of land assigned him for a glebe & exercise of his industry. 

77. And you are to take care that the parishes be so limited & settled 
as you shall find most convenient for accomplishing this good work. 

78. You are not prefer any Minister to any Ecclesiastical Benefice in 
that Province without a Certificate from the Right Reverend Father in 
God the Lord Bishop of London of his being conformable to the doc- 
trine and discipline of the Church of England and of good life and con- 
versation And if any person already preferred to a Benefice shall appear 
to you to give scandal either by his doctrine or his manners You are to 
use the proper and usual means for the removal of him and to supply 
the vacancy in such manner as we have directed. 

79. You are to give orders forthwith (if the same be not already done) 
that every Orthodox Minister within your government be one of the 
vestry in his respective parish and that no vestry be held without him in 
case of sickness or that after notice of a vestry suinoned he omit to 
come. 

80. You are to enquire whether there be any Minister within your 
Government who preaches and administers the Sacrament in any Ortho- 
dox Church or Chappel without being in due onlers and to give an 
account thereof to the Lonl Bishop of London 

8L And to the end the E^cclesiastical Jurisdiction of the I^ord Bishop 
of London may take plac« in that our Province so far as may be We do 
think fit that you give all countenance & encouragement to the exercise 
of the same excepting only the cnillating the Benefices Granting licenses 



CX)LONIAL RECORDS. Ill 



for marriages and probate of Wills which we have reserved to you our 
Grovernor and to the Commander in Chief of our said Province for the 
time being as far as by law we may. 

82. And We do further direct that no Schoolmaster be henceforth per- 
mitted to come from this Kingdom and to keep school in that our said 
Province without the license of the Lord Bishop of London and that no 
other person now there or that shall come from other parts shall be 
admitted to keep school in North Carolina without your license first 
obtained. 

83. And you are to take especial care that a table of Marriages estab- 
lished by the Canons of the Church of England be hung up in every 
Orthodox Church & duly observed And you are to endeavour to get a 
Law passed in the Assembly of that Province (if not already done) for 
the strict observation of the said table 

84. Having been graciously pleased to grant unto the Right Reverend 
Father in Grod Edmund Lord Bishop of London a Commission under our 
Great Seal of Great Britain whereby he is empowered to exercise Ecclesi- 
astical Jurisdiction by himself or by such Commissaries as he shall appoint 
in our several Plantations in America. It is Our Will and Pleasure that 
you give all countenance and due encouragement to the said Bishop of 
London or his Commissaries in the l^al exercise of such Ecclesiastical 
jurisdiction according to the laws of the Province under your government 
and to the tenor of the said Commission a copy whereof is hereunto 
annexed and that you do cause the said Commission to be forthwith ro- 
istered in the public records of that our Provinot. 

85. The Right Reverend Father in God Edmund Lord Bishop^f Lon- 
don having presented a petition to his said late Majesty humbly beseech- 
ing him to send instructions to the Giivernors of all the several Planta- 
tions in America that they cause all laws already made against Blasphemy 
Prophaneness Adultery Fornication, Polygamy Incest Prophanation of 
the Lord's Day Swearing & Drunkenness in their respective Governments 
to be vigorously executed and we thinking it highly just that all persons 
who shall offend in any of the particulars aforesaid should be prosecuted 
and punished for the said offences It is therefore our Will and Pleasure 
that you take due care for the punishment of the forementioned vices and 
that you earnestly recommend to the Assembly of North Carolina to pro- 
vide effectual laws for the restraint and punishment of all such of the 
forementioned vices against which no laws are as yet provided And also 
you are to use your endeavours to render the laws in being more effectual 
by providing for the punishment of the aforementioned vices by present- 



112 COIX)NIAL RECORDS. 



ment upon oath to be made to the temporal Courts by the Churchwardens 
of the several parishes at pn)per times of the year to be appointed for that 
purpose And for the further disc^)uragenient of vice & encouragement 
of virtue and go<Kl living that by such example the Infidels may be 
invited and persuade<l to embrace the Christian religion You are not to 
admit any person to public trusts or employments in the Province under 
your Grovernment whose ill fame & conversation may occasion scandal 
And it is our further Will and Pleasure that you recommend to the Assem- 
bly to enter into proper methods for the erecting and maintaining of 
schools in order to the training of youth to reading and to a necessary 
knowledge of the principles of religion And you are also with the assist- 
ance of the Council and Assembly to find out the best means to facilitate 
& encourage the conversion of Negroes and Indians to the Christian 
religion. 

86. And whereas it is highly necessary for the welfare of Carolina 
that a good understanding should be maintained by the Indian Nations 
as well for the promoting of trade as for the security of the frontiers of 
your Government you are hereby particularly enjoined to use all possible 
means for the regaining the affections of the said Indians and to preserve 
a good correspondence with such of them as remain faithful to our 
interest And you are hereby likewise directed to recommend in the 
strongest terms to the Indian traders to be just and reasonable in their 
dealings with the Native Indians and likewise to propose to the Assem- 
bly there if you and our Council shall judge it necessary to pass one or 
more laws for the better regulation of the said Indian Trade & for the 
encount^ement and protection of such Indians as shall adhere to our 
interest. 

87. You shall send to us and to our Commiss" for Trade & Planta- 
tions by the first conveyance an account of the present number of planters 
and inhabitants Men Women and children as well Masters as Servants 
free and unfree and of the Slaves in our said Province as also a yearly 
account of the increase or decrease of them and how many of them are 
fit to l)ear arms in the Militia of our said Province. 

88. You shall also cause an exact account to be kept of all persons 
bom christened & buried and send vearly fair abstracts thereof to us 
and to our Com" for Trade & Plantations as aforesaid. 

89. You shall take care that all Planters Inhabitants and Christian 
Servants be well and fitly provided with arms and that they be listed 
under good officers and when and as oflen thought fit mustered and 
trained whereby they may be in a better readiness for the defence of the 



COJX)NIAL RECORDS. 118 



said Province And for the greater security thereof You are to appoint fit 
Officers and Commanders in the several parts of that Province bordering 
upon the Indians who upon any invasion raise men and arms to oppose 
them until thev shall receive vour directions therein. 

90. You are to take especial care that neither the frequency nor unrea- 
sonableness of remote marches musterings & trainings bean unnecessary 
impediment to the aflPairs of the inhabitants. 

91. And you shall not upon any occasion whatsoever establish or put 
in execution any Articles of War or other Law Martial upon any of our 
Subjects Inhabitants of our said Province without the advice of our said 
Council there. 

92. And whereas you will receive from our Commiss" for executing 
the office of High Admiral of Great Britain and of the Plantations a 
Commission constituting you Vice Admiral of our said Province You 
are hereby required and directed carefully to put in execution the several 
powers thereby granted you. 

93. Whereas great inconveniencies have happened by Merchant ships 
and other Vessels in the Plantations wearing the colours borne by our 
ships of war under pretence of Commissions granted to them by the 
Governors of the said Plantations and by trading under those colours not 
only among our own subjects but also those of other Princes & States. 
And committing divers irr^ularities they did very much dishonor our 
service for prevention whereof you are to oblige the Commanders of all 
ships to whom you shall grant Commissions to wear no other Jack than 
according to the sample here described that is to say such as are worn by 
our ships of war with the distinction of a white escutcheon in the middle * 
thereof And that the said Mark of Distinction may extend itself to one 
half of the depth of the Jack and one third of the fly thereof. 

94. And whereas there have l)een great irregularities in the manner 
of granting Commissions in the Plantations to private Ships of War You 
are to govern yourself whenever there shall be (Xx»sion according to the 
Commiss" & Instructions granted in this Kingdom copies whereof will 
be delivered to you. 

95. But you are not to grant Commissions of Marque or Reprisal 
against any Prince or State or their subjects in amity with us to any 
person whatsoever without our especial command. 

96. Yon are to demand an account of the persons concerned of the ' 
arms ammunition & stores sent to our said Province from hence as like- 
wise what other Arms Ammunition & stores have been bought with the 
public money for the service of our s* Province and how the same have 

15 



114 COLONIAL RECORDS. 



been employed aud whether any of them & how many of them have 
been sold spent lost decayed or disposed of and to whom and to what 
uses which account is to commence from the time of the date of the Act 
of Surrender of the Proprietors of that Province to us And you are to 
transmit the said Account to us and to our Comm" for Trade & Planta- 
tions. 

97. You shall take an Inventory of all such arms ammunition & 
stores as are remaining in any of our magazines or garrisons in our said 
Province under your Goverm* and transmit the same to us and to our 
Comm" for Trade & Plantations with all convenient speed And the like 
inventory afterwards half yearly as also a duplicate thereof to our Mas- 
ter General or Principal Officer of our Ordnance which accounts are to 
express the particulars of ordnance carriage ball powder and all other 
sorts of arms and ammunition in our public stores and so from time to 
time of what shall be sent to you or bought with the public money and 
to specify the time of the disposal and the occasion thereof 

98. You are to take special care that fit store house be settled in the 
said Province for receiving and keeping of arms ammunition and other 
public stores. 

99. And whereas it is absolutely necessary that we be exactly informed 
of the state and defence of all our Plantations in America in every re- 
spect and more especially in relation to the forts and fortifications that 
are in each Plantation and what more may be necessary to be built for 
the defence and security of the same You are so soon as possible after 
your arrival in North Carolina to prepare an account thereof in respect 
to our said Province in the most pai*ticular manner and to transmit the 
same to us arid to our Commiss" for Trade & Plantations and the like 
accounts yearly. 

100. You shall cause a survey of all the considerable landing places 
and harbours in our said Proviiu-e and with the advice of our Council 
there erect in any of them such fortifications as shall be necessary for 
the security and advantage of the said Province which shall be done at 
the public charge And you are accordingly to move the General Assem- 
bly to the passing of such Acts as may be requisite for the carrying on 
of that work in which we doubt not of their cheerful concurrence from 
the common security & benefit they will receive thereby. 

101. You are from time to time as before directed to give an account 
what strength your Neighbours have (be they Indians or others) by sea 
and land and of the condition of their plantations and what correspon- 
dence you do keep with them. 



COLONIAL RECORDS. 115 



102. And in case of distress of any other of our Plantations You 
shall upon application of the respective Governors thereof to you assist 
them with that aid the condition and safety of our Province under your 
government can spare. 

103. You shall transmit unto us and to our Comm" for Trade & Plan- 
tations by the first opportunity a Map with the exact description of the 
whole Province under your government with the several Plantations 
upon it and of the fortifications as also of the bordering Indian settle- 
ments 

104. And in order to prevent any disputes that may arise about the 
Southern Boundaries of the Province under your Government We are 
graciously pleased to signify our pleasure that a line shall be run (by 
Comrai&s" appointed by each Province) beginning at the sea thirty miles 
distant from the mouth Cape Fear River on the South West thereof 
keeping the same distance from the said River as the course thereof runs 
to the main source or Head thereof and froiA thence the said Boundary 
line shall be continued due West as far as the South "Seas But if Wagga- 
maw river runs within fifty miles of Cape Fear River then that river to 
be the Boundary from the sea to the Head thereof and from thence to 
keep the distance of 30 miles parallel from Cape Fear River to the head 
thereof and from thence a due West course to the South Seas. 

105. You are to examine what rates and duties are charged & paya- 
ble on any goods exported or imported within our said Province whether 
of the growth & manufisicture of our Province or otherwise And you are 
to suppress the engrossing of Commodities as tending to the prejudice of 
that freedom which Trade and commerce ought to have and to use your 
best endeavours in the improving the trade of those parts by settling 
such Orders & Regulations therein with the advice of our said Council 
as may be most acceptable to the generality of the inhabitants. 

106. You are to give all due encouragement & invitation to Merchants 
& others who shall bring trade into our said Province or anywise contrib- 
ute to the advantage and in particular to the Royal African Company & 
others our Subjects trading to Africa And as we are willing to recom- 
mend unto the said Company & others our subjects that the said Province 
may have a constant & suificient supply of Merchantable Negroes at 
moderate rates in money or commodities so you are to take special care 
that payment be duly made and within a competent time according to 
their respective agreements 

107. And whereas the said Company and other Traders having fre- 
quently great sums of money owing to them in our Plantations in Amer- 



116 COLONIAL RECORDS. 



ioa have been much hindered in the recovery of their just debts there 
and discouraged in their trade by the too frequent adjournment of Courts 
and it being absolutely necessary that all Obstructions in the Courts of 
Justice be effectually removed You are to take care that Courts of Jus- 
tice he duly and fretjuently held in our Province under your Govern* so 
that all our subjects in the said Province and particularly the Royal 
African Comp. and others trading to Africa may enjoy the benefit thereof 
and not receive any undue hindrance in the recovery of their just debts. 

108. And we do hereby expressly command and require you to give 
unto us and to our Comm" for Trade & Plantations an account every 
half year of what number of N^roes our said Province is supplied with 
that is what number by the African Company and what by the separate 
traders & at what rates sold. 

109. Whereas We have been informed that during the time of War 
our Enemies have frequently got intelligence of the State of our Planta- 
tions by letters from private persons to their Correspondents in Great 
Britain taken on bdiard ships coming from the Plantations which has 
been of dangerous consequence Our Will and Pleasure is that you sig- 
nify to all Merchants Planters and others that they be very cautious in 
time of war whenever that shall happen in giving any account by letters 
of the public state and condition of our Province of Nortli Carolina 
And you are further to give direction to all Masters of ships or other per- 
sons to whom you may entrust your letters that they put such letters into 
a bag with a sufficient weight to sink the same immediately in case of 
imminent danger from the enemy And you are always to let the Mer- 
chants and Planters know how greatly it is for their interest that their 
letters shall not fall into the hands of the enemy and therefore that they 
should give the like orders to Masters of ships in relation to their letters 
And you are further to advise all Masters of ships that they do sink all 
letters in case of danger in the manner beforement^ 

110. And whereas in the late Wars the Merchants and Planters in 
America did correspond & trade with our enemies and carry intelligence 
to them to the great prejudice & hazard of the British Plantations You 
are therefore by all possible methods to endeavour to hinder all such 
trade and correspondence in time of war. 

111. Whereas by the 5*^ & 6"^ Articles of the Treaty of Peace & 
Neutrality in America concluded between England and France the ^ 
November 1686 the subjects & inhabitants in each Kingdom are pro- 
hibited to trade and fish in all places possessed or which shall he pos- 
sessed by the other in America And that if any ships shall be found 



COLONIAL RECORDS. 117 



trading contrary to the said Treaty upon due proof the said ship shall 
be confiscated But in case the subjects of either King shall be forced by 
stress of weather enemies or other necessities into the ports of the other 
in America they shall be treated with humanity and kindness and may 
provides themselves with victuals and other things necessary for their 
subsistence & reparation of their ships at reasonable rates Provided they 
do not break bulk nor carry any goods out of their ships exposing them 
to sale nor receive any Merchandize on board on penalty of confiscation 
of ship & goods. It is therefore our Will and Pleasure that you signify 
to our subjects under your government the purport & intent of the 
above said two Articles and that you take particular care that none of 
the French subjects be allowed to trade from their settlements to North 
Carolina or to fish upon the coast thereof. 

112. Whereas Commissions have been granted unto several persons in 
our respective Plantations in America for the trying of Pirates in those 
parts pursuant to the several Acts for the more effectual suppressing of 
pirates And by a Commission to be given you, you as Captain General 
and Governor in Chief of our said Province are empowered together with 
others therein mentioned to proceed accordingly in reference to the said 
Province of North Carolina Our Will and Pleasure is that in all matters 
relating to Pirates you govern yourself according to the intent of the 
said Acts & Commission beforementioned. 

113. Whereas We have thought it necessary for our service by our 
Commission bearing date the 9^ day of August 1727 to constitute author- 
ize & appoint Robt. Byng Eisq" to be our Receiver General of the rights 
and perquisites of the Admiralty We do direct and appoint that you he 
aiding and assisting to the said Robt. Byng his Deputy or Deputies in 
the execution of the said Office of Receiver General and do hereby 
enjoin & require you to make up your accounts with him his Deputy or 
Deputies of all rights of Admiralty (effects of Pirates included) {ft you 
or your Officers may or shall at any time receive and to pay over to the 
said Receiver General his Deputy or Deputies for our use all such sums 
of money as as shall appear on the foot of such accounts to be and 
remain in your hands or in the hands of any of your Officers And 
whereas the said Robt Byng is directed in case the parties chargeable 
with any part of our Revenue refuse n^lect or delay payment thereof 
by himself or sufficient Deputy to apply in our name to our Governors 
Judges Attornies General or any other our Officers or Magistrates to be 
aiding or assisting to him in recovering the same. Now you our Gov- 
ernor our Judges our Attornies General and all other Offic^ers whom the 



118 COLONIAL RECfORDS. 



same may concern are hereby required to use all lawful authority for the 
recovering and levying thereof. 

114. You are to propose an Act to be passed in the Assembly whereby 
the Creditors of persons becoming Bankrupts in this Kingdom and hav- 
ing estates in North Carolina may be relieved and satisfied for the debts 
owing to them. 

115. You are likewise from time to time to give unto us and to Our 
Comm" for Trade and Plantations as afores^ an account of the wants and 
defects of our said Province what are the chief products of what are the 
new improvements made therein by the industry of the inhabitants & 
planters and what further improvements you conceive may be made or 
advantages gained by trade and which way We may contribute thereunto. 

116. If anything shall happen which may be of advantage or security 
to our said Province which is not herein or by our Commission provided 
for We hereby allow unto you with the advice and consent of our said 
Council to take order for the present therein giving unto us by one of our 
principal Secretaries of State and to our Commiss" for Trade & Planta- 
tions speedy notice thereof that so you may receive our ratification thereof 
if we shall approve the the same Provided always that you do not by 
colour of any power or authority hereby given you commence or declare 
war without our knowledge or particular commands therein except it be 
against Indians upon emergencies wherein the consent of our Council shall 
be had and speedy notice thereof given to us as aforesaid. 

117. And you are upon all occasions to send unto us by one of our 
Principal Secretaries of State and to our Commiss" for Trade & Planta- 
tions a particular account of all your proceedings & of the condition of 

affairs within vour Government. 

Ex* IP 

T;G. 

G. B. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 12.] 



At the Court at St James's the 14^ dav of Decemlier 1730 

Present 

The Kings most Excellent Majesty 

in Council. 

Upon reading at the Board a Report from the Right Honourable the 

Lords of the Committee of Councill upon CV^nsidering two Draughts of 



CX)LONIAL RECORDS. 119 



Instructions prepared by the Lords Coramissioners for Trade and Plan- 
tations for George Burrington Esq' Captain General! and Governor in 
Chief of His Majestys Province of North Carolina — And their Lord- 
ships Offering it as their Opinion that the said Draughts were proper for 
His Majestys Royall Approbation — His Majesty in Councill was this 
day pleased to Approve thereof and to order as it is hereby ordered that 
One of His Majestys Principall Secretarys of State Do Cause the said 
Draughts of Instructions (which are hereunto annexed) to be prepared 
for His Majestys Royall Signatures 

A True Copy 

JA: VERNON. 



[B. P. R. O. Am: A W. Ind. No. 592.] 



WARRANT TRANSMITTING NEW SEAL FOR NORTH 

CAROLINA 1730. 

To our Trusty and welbeloved George Burrington Esq" Our Captain 
General and Governor in Chief of our Province of North Carolina in 
America; Or to the Commander in Chief of our said Province for the 
time being Greeting. With this you will receive a Seal prepared by our 
order for the use of our said Province the Same being engraven on 
the one side with our Arms, Garter, Crown, Supporters and Motto 
and this Inscription round the Circumfereiu*. Georgius II D. G. 
Mag. Bri : Fr et Hib. Rex F. D. Brun. et I^un Dux. S. R. Y. Arc. 
Th. et Pr. El. on the other Side our Royal Effigies and Liberty 
represented introducing Plenty to us with this Motto Qufe Sera Fla- 
men Respexit and this Inscription round the Circumference Sigillum 
Provincise Nostrse Carolina Septentrional is. Our Will and Pleasure 
is, and we do hereby authorize and direct that the said Seal be used 
in the Sealing all Patents and Grants of Lands and all Publick Instru- 
ments which shall be made and passed in our name and for our Ser- 
vice within our said Province and that the Same be to all intents and 
Purposes of the Same Force and Validity as any other Seal heretofore 
used within the said Province. And we do further command and 
require you upon the Receipt of the Said Seal to return the former 
Seal to our commissioners of Trade and Plantations to be laid before 
us as usual in order to its being defaced in like manner with other Seals 
by us in our Privy Council. Given at our Court at 8* James the 
Day of 1730, in the fourth year of Our Reign. 



120 COIiONIAL RECORaS. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 10.] 



At the Court at St James' the 14**» day of December 1730 

Present 

The King^s Most Excellent Majesty 

in Councill 

A new Seale for his Majestys Province of North Carolina having been 

this day laid before His Majesty in Councill for His Royall Approbation 

His Majesty was pleased to approve thereof and to order as it is hereby 

ordered that the Ijords Commissioners for Trade and Plantations Do 

Prepare a draught of a Warrant for transmitting the said seale to the 

Governor of the said Province and Empowering him to make use thereof 

And the said Lords Commissioners are to lay the said Draught before 

His Grace the Duke of Newcastle One of His Majestys Principall Sec- 

retarys of State in Order to Obtain His Majestys Sign Manuall thereto 

And afterwards to transmitt the said Warrant with the said Seale to the 

Governor of the said Province accordingly. 

J AS VERNON. 



[B. P. R. O. Am: A W. Ind. No. 692.] 



LORDS OF TRADE TO THE DUKE OF NEWCASTLE 

DECEMBER 31*^ 1730. 
My Lord, 

Having in obedience to his Majestie's order in Council of the 14*^ 
Instant prepared the Draught of a Warrant for transmitting a new Seal 
for his Majesty's Province of North Carolina to the Governor of the 
Said Province impowering him to make use thereof and requiring him 
to transmit the old Seal in order to its l)eing defaced in like manner with 
other Seals by his Majesty in Council, we here inclase the Said Draught 
of a Warrant which we desire your Grac« will please to lay before his 
Majesty for his Royal Signature. We are 

My Lords Your Graces 
most obedient and 

most humble Servants 

P. DOCMINIQUE 
T. PELHAM 
JA: BRUDENELL 
Whitehall CH. CROFT 

December SI*** 1730. 

His Grace the Duke of Newcastle 



COLONIAL RECX)RD8. 121 



[B. P. R. O. Am: A W. Ind. No. 592,] 



(Indorsed) 

M' RICE SECRETARY & CLERK OF THE CROWN OF 

NORTH CAROLINA. 

1730. 

Our Will and Pleasure is, that you prepare a Bill for oiu* Royal sig- 
nature to pass our great Seal, containing our Grant of the Offices or Places 
of Secretary and Clerk of the Crown of our Province of North Caro- 
lina in America unto our Trusty and Wellbeloved Rice Esq**, to have, 
hold exercise and enjoy the Same by himself or his Sufficient Deputy or 
Deputys (for whom he shall be answerable) during our Pleasure, and his 
residence within our said Province, with all Fees, Rights, Profits, Privi- 
ledges and advantages whatsoever thereunto belonging, in as full and 
ample manner as any other Person or Persons have held, or of right 
ought to have held and enjoyed the same. And for So doing this Shall 
be your Warrant. Given at our Court at S* James the Day of 

1730 in the third year of our Reign 

By His Majesty's Command 

To our Attorney or 
Solicitor Greneral. 



[B. P. R. O. Am: A W. Ind: Vol. 22. p. 127.] 



THE CASE OF Y* INHABITANTS OF NORTH CAROLINA 

IN RESPECT TO M' GEORGE BURRINGTON'S 

BEING REAPPOINTED THEIR 

GOVERNOR. 

M' Burrington was formerly appointed Governor of North Carolina 
by the late Lords Proprietors but afterwards tor his ill conduct removed 
by them, his mal-practices were such that complaint was forced to be 
made against him, & a petition was presented supported by a number of 
Affidavits, a short Abstract of some of which we b^ leave to set forth* 

Affidami of Mary Badham of Carolina, That 14**» of May 1724 M' 
Burrington at that time Grovemor came to Depon^ about 12 at night & 
threatened to ruin her husband, swore he would have y* Secretary & 
16 



122 CX)LONIAL RECORDS. 



Judge of y* Province in Goal, would lay them in irons & tye on necl^ 
and heels, would kill the Secretary whom he damned, and the lowsy Acts 
of the Assembly, did they pretend to bind him by Laws, did they think 
he would mind 'em, no, he swore he would not, he was Governor and 
he would do as he pleased, Depon* says, she never heard of any rea- 
son for this, only their supporting M' Dunstan's Commission & main- 
taining y* Acts of y* Assembly. 

Note. — M' Dunstan was Naval Officer, & the Governor pretended he 
could turn him out, & would put one Gofie in his place, tho' a per- 
son disabled by a particular Act of Assembly. 

Affidamt of W- Badham Clerk of y* Royal Court. That Gov' Bur- 
rington in presence of depon* and several others called the Chief Justice 
a Rogue & a Villain (tho' deponent & he believes every one else present 
thought him a very honest man) said he hated the Chief Justice tho' he 
had never seen him, would slitt his nose and cropp his ears. That about 
May 1724, M' Dunstan applied to Depon* for a Writt to arrest M' GrolFe, 
Depon* asked the Chief Justice if he should grant one, who said it was a 
thing of course & could not be denied, that in a few days after M' Bur- 
rington asked deix)n* by what authority he granted writts, depon* told him 
as Clerk of tlie Court & told him the Chief Justice said he could not 
refuse it, upon which he fell into a great passion, doubled his fist, held it 
up, depon* expected he would have struck him, and swore with many asser- 
vations, he said the Secretary wanted to be Governor, but he would have 
him in iron before to-morrow night & dejK>ii* too, and tlien how like Doggs 
they would look upon one another, as for the Chief Justice he said he had 
frighted him out of Town already and would put him in Prison. 

Affidavit of Mrs. Sara Gale, wife of the Chief Justice. That on Sun- 
day morning 25*** of August 1 724, hearing a great noise at the door as if 
somebody were breaking in, got up & looking out found it was Grov' Bur- 
rington, he broke the windows and swore he would bum the house, he 
would have the dogg her husband by the throat and threatened to fetch 
a Barrell of Gunpowder and blow up the house, swore he would do her 
husbands business. 

Affidavit of W" Little Esq" that Grovemor Burrington threatening the 
Chief Justice with Irons and abusing him very much, one of the Com- 
pany a relation of the Chief Justices with great modesty b^ged the 
Governor to forbear upon which the Grovernor threw a glass at him called 
for his sword & some disorder happened. 

Affidavit of Rob* Forster Gen* That 18**» April 1724, deponent being 
in the rooni where the Council satt, Grovemor Burrington called deponent 



COLONIAL RECORDS. 123 



out and asked him to go in and take Co" West by the nose and he would 
bring him off but deponent told him he would not take a member of the 
Council by the Nose in Council for the world. 

Upon these affidavits and several others then lodged with the Lords 
Proprietors now in their hands, M' Burrington was removed, and he has 
now lately been heard to declare that if he gets over them Governor 
again he will be the destruction of all those that had any hand in the 
removing him who were all the principal people of the Country, not- 
withstanding they did it upon so just an occasion, and the better to ena- 
ble him to accomplish such his intentions has, as we are informed repre- 
sented the present Members of the Council who are Rich* Fitz Williams, 
Christopher Gale, J*"** Lovick, Edw* Moseley, Francis Forster, Rich* 
Sanderson, Rob* West, Tho' Pollock J"^ Palis, Edm* Gale, J»« Waley & 
Roger Moore Esq" as unworthy and unfitt Persons, tho' they are really 
the most considerable inhabitants of the Province & for that reason chose 
by the late Proprietors to be the Council of that Country, who with the 
Governor compose the Court of Equity, determine matters of property, 
and have otherwise considerable power and therefore ought to be men 
of the best Estates & understanding, but M' Burrington instead of these 
has recommended some others to be Members who may better suit his 
purposes, for we are told that all the Persons at present named by M' 
Burrington and through his false suggestions recommended by y* board 
of Trade to His Majesty to be the Council of Carolina are of so mean 
circumstances that put tliem all together their Estates in that Country 
won't amount to £1 500, and those whose names have come to our knowl- 
edge are of such vile Ciiaracters and poor understandings, that it is the 
greatest abuse imaginable upon the ministry to recommend such to them, 
Edm* Porter we are told is one, he was formerly sent over to England 
from Virginia to be tried for his life for some notorious facts committed 
by him, and after he got off from this, was concerned in the Scotch 
Rebellion, for which he fled to Carolina, another of them is Mathew 
Rowan no inhabitant of the Country, but only sent over thither to build 
a ship or two for some persons in Dublin & is now run away with one 
of them loaded with ennumerated goods contrary to the Acts of Trade 
Cornelius Hart is another, he keeps a little punch house, and if the 
names of the others were known it is to be presumed they would be 
found to l)e all of this kind, his whole aim being to gett a sett of Per- 
sons that will go into any measures he shall propose and M' Burrington 
not forgetting his old grudge against the Chief Justice and some other 
officers, has as we are informed very much misrepresented them and 
made as if their posts were of considerable value, tho' in fact not any 



124 COLONIAL RECORDS. 



one of them has ever been worth £100 a year, nor has near so much been 
made of them as can easily be shewn. 

For these and many other reasons too tedious to mention^ and the daily 
Instances M' Burrington gives of his mad extravagant behaviour, it is 
humbly hoped that his Majesty in tender r^ard to so many of his poor 
Subjects in that remote part of his Dominions, who have proposed to 
themselves great felicity by their being more imediately under his Royal 
Protection than heretofore will be pleased to enquire into the former con- 
duct of this Grentleman when he was Governor, before he be permitted 
to go over thither in that quality again. 



[B. P. R. O. JouBNAUB. B. T. Vol. 40.] 



Whitehall Wednesday Jan'^ 7*** 17ff. 

At a Meeting of His Maj. Comm" for Trade and Plantations. 

Present 
M' Docminique. M' Ashe 
M' Pelham. Sir O. Bridgeman 

M' Bladen. M' Cary. 

SirTho. Frankland. 
A letter from the Duke of Newcastle dated this day signifying His 
Majesty's having appointed (Jeorge Burrington Esq" Grovernor of North 
Carolina & directing the Draught of Commission & Instructions to be 
prepared for him was read and directions were given for preparing the 
same accordingly. 

Whitehall Thursday Jan''' 8*^ 17ff. 

Col. Johnson Gov* of South Carolina and Capt Burrington Grov' of 
North Carolina attending with some other gentlemen belonging to those 
Provinces acquainted the Board that they had agreed upon a division 
line between those Provinces and their Lordships desired they would 
mark the line upon a Map and lay the same before the Board which they 
promised accordingly. 

[Page 12.] 

Whitehall Thursday Jan"^ 15. 17ff. 

The Draught of a Commission for appointing Capt. Burrington Gov' 
of North Carolina ordered to be prepared the 7*** inst. I)eing agreed a 
Representation thereu)K>n to His Majesty and a letter for inclosing the 
same to his Grace the Duke of Newcastle were sign'd. 



COLONIAL RECORDS. 125 



fPagelft.] 

Whitehall Thursday Jan*^ 22. 17ff. 

Col. Johnson Gov' of South Carolina and Capt. Burrington Gov' of 
Nortli Carolina attending as they had been desired in relation to th^ 
Boundaries between those two Provinces mentioned in the minutes of the 
8*** inst. Their Lordships after some discourse with them thereupon 
agreed upon the following divisional line Viz' the line to b^in at 30 
miles south westward of Cape Fear River and to be run at that parallel 
distance the whole course of the said river. 

These Gentlemen being withdrawn Ordered that an Article be for this 
purpose inserted in the Dra** of their Instructions. 

[Page 24.] 

Whitehall. Thursday Jan'^ 29. 17f ^ 

Ordered that the Draught of a Representation be prepared for pro- 
posing a Great seal for North Carolina. 
Agreed to & signM 3 February 

[Page 64.1 

Whitehall. Wednesday Mart^h 18. 17fJ 

An Order in Council of the 21** of February last approving a Rep- 
resentation of this Board of the third of the same month and directing 
a public seal to be prepared for North Carolina was read and their Lord- 
ships gave directions that M' Rollos his Maj. Engraver should prepare a 
Draft thereof — (signed on 25 March 1730) Col. Johnson's proposals for 
better improving and settling South Carolina with reasons against reserv- 
ing a quit rent of one penny per acre were read as also 

The Representation of Capt. Burrington with his reasons against 
advancing the Quit Rents in North Carolina 

Ordered that copies of so much of the said papers as relate to Quit 
rents be given to M' Walpole Auditor of the Plantations. 

[Page TO.] 
Whitehall Wednesday April 8**" 1730. 

Their Lordships then took into consideration the several papers from 
Sir Richard Everard & the Council of North Carolina in answer to com- 
plainta against the Grovernor and to Grants of land mentioned in the 
Minutes of the 16^ Dec. 1729 and gave directions that copies thereof 
should be made for Capt. Burrington the present Gov' of that Province 
and that an Article shoald be inserted in his Instructions directing him 
upon his arrival there to examine into the truth of the several facts and 
lay an account thereof before His Majesty and this Board. 



126 COLONIAL RECORDS. 



rPige97.J 

Whitehall Wednesday April 22. 1730. 

Ordered that the Draught of a Representation be prepared for pro- 
posing a Commission for trying Pirates to be passed for North Carolina 

[Page 108.] 

Whitehall Wednesday April 29. 1730 

A Letter from the Duke of Newcastle inclosing copy of a letter from 
M' Porter Judge of the Admiralty at North Carolina giving an account 
of the unwarrantable proceedings of Sir Richard Everard late Governor 
of that Province in the granting of lands there was read And their 
Lord** agreed to insert an Article in the Instructions preparing for Capt. 
Burrington the present Gov' in relation thereto as also to the Disputes 
between him & the Council referred to the Board by the Duke of New- 
castle's letter and Ordered that an Answer be prepared to the Duke of 
Newcastle's said letters to acquaint him with these resolutions of this 
Board. 

(Signed May 1"*) 

[Page 140.] 

Whitehall Wednesday June 3. 1730. 

The Draught of Instructions for Capt. Burrington Grovernor of North 

Carolina directed to be prepared the 7*** Jan"^ last was agreed & ordered 

to be transcribed 

Whitehall Thursday June 4. 1730. 

Ordered that a letter be wrote to M' Fane for his opinion in point of 
law whether according to the Charter of Carolina any Grants made by 
the Lords Proprietors be valid unless signed by them all and be under 
the common Seal. 

The undermentioned copies of Orders in Council were severally read 
Viz* 

Order in Council of 22 Jan"^ 17|^ approving the Draft of a Commis- 
sion to Capt. Burrington to be Governor of North Carolina. 

Order in Council of 22* Jan"^ last requiring copies of the papers of 
complaint from the Members of the Council of North Carolina against 
Sir Richard Everard Deputy Governor of that Province under the Lords 
Proprietors as likewise of the complaint made by Sir Richard against 
the said Council to put into the hands of Capt. Burrington now appointed 
Governor for his examination into and report of the Facts. 

Order in Council of the 10^ of April last approving a Representation 
for a new seal for the Province of North Can)lina. 



COLONIAL RECORDS. 127 



[Page 150.] 

Whitehall Tuesday June 9. 1730. 

M' Fane's Report in relation to the validity of such Grants of OflSoes 
from the late Lords Proprietors as are not signed by them all was read 
and Ordered that copies thereof be given to Col. Johnson and to Capt. 
Burrington Gov" of South and North Carolina 

rPage 194.] 

Whitehall. Tuesday July 28. 1730. 

An Order of the Ijords of the Committee of Council dated 21"* inst. 
upon a Representation of the 23^ May foregoing relating to Lord Car- 
teret's eighth part of the Province of Carolina and requiring this Board 
to send to his Lordship to know the value he sets upon the said eighth 
in order to treat for the surrender of it to the Crown was read And 
directions given for preparing a letter to the Lord Carteret thereupon — 
signed August 4*^ 

TPage 190.1 

Whitehall Tuesday August 4. 1 730. 

Ordered that a letter be writ to Capt. Burrington appointed Gov' of 
North Carolina to acquaint him that the Board have signed their Repre- 
sentation upon his Instructions so long ago as the 10*^ of June last and 
have waited ever since for his list of Councillors but that if he does not 
bring the names of twelve persons proper to he inserted upon that occa- 
sion by Monday next their Ix)rdships will either send away his Instruc- 
tions without Councillors or name them without waiting any longer for 
his advice upon that subject. 

[Page 202.] 

Whitehall Thursday Aug* 6*^ 1730 

A letter from the Lord Carteret dated this day in answer to their 
Lordships of the 4^ inst. relating to his eighth part of the Province of 
Carolina and the value his Lordship sets upon it was read Whereupon 
directions were given for preparing the Draught of a Report to the 
Lords of the Committee of Council mentioned in the Minutes of the 28*^ 
of the last month upon that subject — ^agreed to & signed on 11*** August. 

[Page 206.1 

Whitehall Wednesday Aug* 12*** 1730. 

The Draughts of Instructions for Capt. Burrington Gov' of North 
Carolina which were agreed the 3** June last having remained in this 
Office for want of a List of persons expected from him to fill up his 




128 COLONIAL RECORDS. 



Maj. Council for that Province and some alterations having in the inte- 
rim been found proper to be made in the said Instructions conformable 
to what has since been approved for South Carolina Their Lordships 
agreed the said alteration^ as likewise the usual instructions which par- 
ticularly relate to the Acts of Trade and Navigation Whereupon the 
Draughts of a Representation for laying the same before His Majesty 
and of a letter to enclose them to His Grace the Duke of Newcastle 
were agreed and ordered to be transcribed and were signed Aug* 13*** 

[Page 207.] 

Whitehall Thursday August 13. 1730. 

M' Attorney and M' Solicitor General's Report relating to the valid- 
ity of certain Grants made by the Ijords Proprietors of Carolina par- 
ticularly one to Sir Nathaniel Johnson in 1686 was read Whereupon 
Ordered that copies of the said Report he prepared for Col. Johnson & 
Capt. Burrington Governors of South & North Carolina. 

[Pa^e 218.] 

Whitehall Wednesday August 19. 1730. 

Sir William Keith attending as desired their Lordships had some dis- 
CHiurse with him concerning the several nations of Indians bordering 
upon His Maj. Plantations on the continent of America and the manner 
of conferring and treating with them Whereupon Sir William was desired 
to let their Ijord*" have in writing agreeable to the Indian style the form 
of a Declaration or Agreement properly to be mutually made by the 
Chiefs of the Cheroquee Indians now here & by such as his Maj. shall 
appoint on his part for that purpose ujwn the said Indians having sub- 
mitted their dominion and territories to his Maj. which Sir William 

Keith promised according 

Thursday August 20. 1730 

Sir William Keith attending presented to their Ix)nlships as desired 
the form of a Declaration or Agreement proper to be mutually made by 
the Chiefs of the Cheroquee Indians now here and by such as his Maj. 
shall appoint on his part which was read And the Draught of a letter to 
the Duke of Newcastle to Know his Majesty's pleasure on this subject 
was agreed & sign'd. 

[Pige 215.] 

Tuesday August 26. 1730. 

Sir William Keith & Col. Johnson attending with the Interpreter of 
the Indian Chiefs the Board had some discourse with them concerning the 
manner of treating with the said Chiefs 



COLONIAL RECORDS. 129 



Wednesday August 26. 1730 

A letter from M' Lowndes with some Sesamum seeds which grow in 
Carolina and some of the Oyl produced from them was read. 

[Page 218. J 

Tuesday September 1 . 1 730. 

A letter from the Duke of Newcastle dated the 31*' in answer to one 
from this Board of the 20*^ of the last month signifying His Maj. having 
approved of their making some Treaty or Agreement with the Indian 
Chiefs of the Cherokee Nation who lately came from Carolina and direct- 
ing the Board to make such Agreement and in such manner with the said 
Indian Chiefe as they should think for His Maj service was read Where- 
upon Ordered that Col. Johnson Governor of South Carolina and Sir 
William Keith be desired to attend the Board on Monday morning next 
as likewise the said Indians and their Interpreter. 

Order'd that the Secretary do apply at the Secretary at War's Office 
that Two Sergeants with twelve Grenadiers may attend at the same time 
upon the said Indians. 

Their Lordships then agreed the form of a Treaty with the Indians. 

[Page 2S».\ 

Whitehall Monday Sept. 7. 1730 
Present 
M' Pelham. M' Bladen. M' Bnidenell 

The seven Indian Chiefs of the Cherokee Nation attending as they had 
been desir'd with their Interpreter, Col. Johnson, Grov' of South Caro- 
lina Sir William Keith and several other gentlemen Their Lords ex- 
plained to them by their Interpreter (who was sworn) the Form of a 
Treaty with them agreed at the last meeting in the words following 

Whereas you Scay-agusta Oukah Chief of the Town of Tassetsa You 
Scalilasken Ket-agusta, You Tethtowe, You Clogoittah, You Colannah, 
You Unnaconoy, You Oucounacon have been deputed by the whole nation 
of the Cherokee Indians to come to Great Britain where you have seen 
the great King Greorge and in token of your obedience have laid the Crown 
of your Nation with the scalps of your enemies and feathers of peace at 
his Maj. feet Now the King of Great Britain bearing love in his heart 
to the powerful and great nation of the Cherokee Indians His good fqends 
and allies His Maj. lias empowered us to treat with you here and accord- 
ingly we now speak to you as if the whole Nation of the Cherokees their 
old men, young men wives and children were all present And you are to 
understand the words we speak as the words of the Great King our Mas- 

17 



130 COLONIAL RECORDS. 



ter whom you have seen And we shall understand the words which you 
speak to us as the words of all your people with open and true hearts to 
the Great King And thereupon we give four pieces of striped duffles. 

Hear then the words of the Great King whom you have seen and who 
has commanded us to tell you 

That the English everywhere on all sides of the Great Mountains and 
Lakes are his people and his children whom he loves That their Friends 
are his Friends and their Enemies are his Enemies That he takes it 
kindly that the Great Nation of Cherokees have you sent you hither a 
great way to brighten the chain of friendship between him and them & 
between your people and his people That the chain of friendship between 
him & the Cherokee Indians is like the sun which both shines here and also 
upon the great Mountains where they live and equally warms the hearts 
of the Indians and of the English That as there are no spots or black- 
ness in the sun so is there not any rust or foulness in this chain and as 
the Great King has fastened one end of it to his own breast he desires 
you will carry the other end of the chain and fasten it well to the breast 
of your Nation and to the breasts of your old wise men your Captains 
and all your people never more to be broken or made loose And hereupon 
we give four pieoes of white doth to be dyed blue. 

The Great King and the Cherokee Indians being thus fastened togetlier 
by the chain of friendship he has ordered his people and children the 
English in Carolina to trade with the Indians and to fiirnish them with all 
manner of goods that they want and to make haste to build houses and 
to plant corn from Charles Town towards the Town of the Cherokees 
behind the great Mountains for he desires that the English and the 
Indians may live together as the children of one Family whereof the 
Great King is a kind & loving Father And as the King has given his 
land on both sides of the Great Mountains to his own children the Eng- 
lish so he now gives to the Clierokee Indians the privil^e of living 
where they please and he has order'd his Governor to forbid the English 
from building houses or planting com near any Indian Town for fear 
that your young people should kill the cattle and young lambs and so 
quarrel with the English and hurt them And hereupon we give two other 
pieces of white cloth to be dyed red. 

The Great Nation of the Cherokees being now the children of the 
Great King of Great Britain and he their Father the Cherokees must 
treat the English as brethren of the same family and must be always 
ready at the Governor's command to fight against any Nation whether 
they be white men or Indians who shall dare to molest or hurt the Eng- 
lish and hereupon we give Twenty guns. 



COLONIAL RECORDS. 131 



The Nation of The Cherokees shall on their part take care to keep 
the trading path clean and that there be no blood in the path where the 
English white men tread even though they should be accompanied by 
any other people with whom the Cherokees are at war Whereupon we 
give four hundred pounds weight of gunpowder. 

That the Cherokees shall not suiFer their people to trade with the 
white men of any other Nation but the English nor* permit white men 
of auy other Nation to build any Forts Cabins or plant corn amongst 
them or near to any of the Indian Towns or upon the land which belong 
to the Great King and if any such attempt should be made you must 
acquaint the English Governor therewith and do whatever he directs in 
order to maintain & defend the Great King's right to the Country of 
Carolina Whereupon we give five hundred pounds weight of swan shot 
and five hundred pounds weight of bullets. 

That if any Negro slaves shall run away into the woods from their 
English masters the Cherokee Indians shall endeavour to apprehend 
them and either bring them back to the Plantation from whence they 
run away or to the Governor and for every Negro so apprehended and 
brought back the Indian who brings him shall receive a gun and a match 
coat Whereupon we give a box of vermillion ten thousand of gun flints 
and six dozen of hatchets. 

That if by any accidental misfortune it should happen that an Eng- 
lishman should kill an Indian The King or Great Man of the Cherokees 
shall first complain to the English Governor and the man who did it 
shall be punished by the English laws as if he had killed an Englishman 
and in like manner if an Indian kills an Englishman the Indian who 
did it shall be delivered up to the Governor & be punished by the same 
English law as if he was an Englishman Whereupon we give twelve 
dozen of spring knives four dozen of brass kettles and ten dozen of belts. 

You are to understand all we have now said to be the words of the 
Great King whom you have seen and as a token that his heart is open 
and true to his children and friends the Cherokees & to all their people he 
gives his hand in this Belt which he desires may be kept and shown to all 
your people and to their children and children's children to confirm what 
is now spoken and to bind this Treaty of Peace and Friendship betwixt 
the English and the Cherokees as long as the Mountains and Rivers 
shall last or the sun shine Whereupon we give this Belt of Wampum 

And their Lordships desired they would give their Answers thereto 
on Wednesday morning next 

Their Lordships then showed them the samples of the above-men- 
tioned presents and the chief of the Indians said to the Board by his 



132 COLONIAL RECORDS. 



Interpreter that they were not oonie hither as enemies but as friends 
That altho' they did not expect to see the King yet they had seen him 
And that they would give their Answer to the said Treaty on Wednesday 
morning next. 

fPage 237.J 

Wednesday Sept. 9. 1730. 

The seven Indian Chiefs of the Cherokee Nation attending as they 
had been desired with their Interpreter as likewise Col. Johnson & Sir 
William Keith Their liordships told them they were ready to hear what 
the said Indian Chiefs had to say in answer to the propositions made to 
them in belialf of his Majesty on Monday last 

Whereupon Scalilosken Ket-agusta being directed by Sky-agusta 
Oukah and the rest of the said Indians to speak in their behalf deliver'd 
himself in the following terms — 

We are come hither from a dark mountainous place where nothing but 
darkness is to be found but are now in a place where there is light. 
There was a person in our Country with us he gave us a yellow token of 
warlike Honour that is left with Moyitchoy of Telloqua And as War- 
riors we received it He came to us like a Warrior from you a Man he 
was his talk was upright and the token he left preserves his memory 
amongst us. 

We look upon you as if the Great King George was present and we 
love you as representing the Great King and shall dye in the same way 
of thinking. 

The Crown of our Nation is different from that which the Great King 
Greorge wears and from that which we saw in the Tower But to us it is 
all one and the chain of friendship shall be carried to our people 

We look upon the Great King George as the Sun and as our Father 
and upon ourselves as his children For tho' we are red and you white 
yet our hands and hearts are join'd together. 

When we shall have acquainted our people with what we have seen 
our children from generation to generation will always remember it. 

In war we shall always be as one with you The Great King George's 
enemies shall be our enemies his people and ours shall be always one and 
dye together. 

We came hither naked and poor as the worm out of the earth but you 
have everything and we that have nothing must love you and can never 
break the chain of friendship that is between us. 

Here stands the Grov' of Carolina whom we know This small rope 
which we show you is all we have to bind our slaves with and may be 
broken but you have iron chains for yours However if we catch your 



COLONIAL RECORDS. 133 



slaves we shall bind them as well as we can and deliver them to our 
friends again and have no pay for it 

We have look'd round for the person that was in our Country he is 
not here however we must say that he talk'd uprightly to us & we shall 
never forget him 

Your white people may very safely build houses near us We shall 
hurt nothing that l>elongs to them for we are the children of one Father 
the Great King and shall live and dye together. 

Then laying down his Feathers upon the table he added This is our 
way of talkine which is the same to us as your letters in the Book are 
to you And to you Beloved Men we deliver these feathers in confirma- 
tion of all we have said and of our Agreement to your Articles. 

After which their Lordships told them they were well pleased with the 
consent they had expressed to the articles proposed to them in his Maj- 
esty's behalf. 

[Page 251.1 

Tuesday Sept. 29. 1730. 

A Memorial from Sir Alex. Cuming Bart in relation to the Cherokee 
Indians was read And their Lordships resolved to consider further thereof 
at another opportunity. 

iPage 252.] 

Wednesday Sept. 30. 1730 

A letter from Sir Alex Cuming dated this day relating to the desire 
of one of the Indian Chiefs to continue in England with him was read 
And an Answer thereto was agreed & ordered to be sent 

A letter to the Duke of Newcastle for inclosing a copy of the Articles 
proposed to the Indian Chiefs of the Cherokee Nation the 7*** inst. as 
also of the Answer they gave the Board the 9*** was agreed and signed. 

IPage 887.J 

Thursday December 10. 1730 

A letter from Gov. Burrington, Gov. of North Carolina desiring the 
Board's directions in relation to the making out of New Grants to old 
landowners and to the appointment of Receivers for the Country taxes 
was read and an Answer agreed thereto. 

fPage 889.J 

Thursday December 31. 1730. 

An Onler in Council dated the 14**" inst directing this Board to pre- 
pare a Draft of a Warrant for transmitting a new seal to the Gov' of 
North Carolina and empowering him to use the same was read And the 
Draft of a Warrant being accordingly prepared their Lordships signed a 
letter for incloeing the same to the Duke of Newcastle. 



134 COLONIAL RECX)RDS. 



1731. 

[B. P. R. O. Am. & W. Ind. Vol. 22. p. 108.] 



To the Kings most Excellent Majesty 

The Humble address of the Grand Jury for the whole Province of North 
Carolina now met at Edenton April the first 1731. 

This being the first Grand Jury called since the Publishing your Royal 
Commission for the Government of this Province We with the greatest 
Pleasure Embrace the occasion to assure your Majesty that we are a Peo- 
ple devoted to your Royal Person and Illustrious Family and that noth- 
ing could be more joyfully received than the certain news of our being 
immediately under the Government & direction of so mild, so just, & so 
indulgent a Prince, whose Glory is the Ease & Happiness of his People, 
whose remotest R^ions feel the Influence & are made happy under it 
and whom no Distance can seperate from the Good & Welfare of His 
Subjects. 

We b^ leave with hearts full of gratitude and Duty to acknowledge 
your Majesties most Transcendant Goodness in that Tenderness & Care 
shewn for the Ease & benefit of the People and preserving our Rights 
& Liberties in those Instructions the Governor has been pleased to De- 
clare. You have made the rule of his Government here, and we cannot 
but look upon it a very great instance of your Favour, the sending us a 
Gentleman for our Governor, so thoroughly acquainted with the State 
and Condition of this your Majesties Province which will Enable him to 
surmount many Difficulties that upon so great a Change of the Govern- 
ment must have been Insuperable to a Stranger. And we have the com- 
fort & Pleasure to say we have already seen such instances of his mildness 
and Generous Treatment and even of his humanity and Tenderness to all 
sorts of People that we are persuaded he makes your Majestys exalted 
virtues his Pattern in Government, than which we cannot have a greater 
Blessing. 

His Excellencys great Impartiality in the Administration of Justice 
gives us the firmest Assurance of enjoying the benefit of our Laws and 
seeing Peace & order revive amongst us, and the generous Example he 
has sett in forgetting all Private differances we doubt not will have that 
happy Effect as to put an end to all heats & animositys amongst ourselves 
that we may have no other strife but who shall be most Loyall & obe- 
dient and the truest friends to their poor Country almost worn out with 
its own Disorders and the weakness of the Proprietory Government^ but 



COLONIAL RECORDS. 136 



we now please ourselves with the thoughts that our Country will again 
Flourish, our Trade increase and your Majesties Dominions will be en- 
larged by a Growing Colony. 

The New Settlement which our Governor at a very great Expenoe and 
Personal trouble some years since laid the Foundation of at Cape Fear 
' will we hope encrease & become a great benefit to the whole Province. 
There are several matters we should have presumed to have represented 
to your Majesty in whose favour we rest for granting whatever may con- 
tribute to the prosperity of this your Colony, but our Greneral Assembly 
being to meet very suddenly we shall leave it to them to lay such things 
before your Majesty as may be wanting for our Country. We have only 
to Repeat our Assurance of our most Profound Duty and Loyalty to 
your Majesty and of our utmost Care in our Stations of suppressing all 
Vice & Irregularity amongst us, which we think is the best means of 
obtaining the Blessing of Almighty (rod to whom we shall always pray 
that our most glorious King and Queen may long Reign over us. We 

are 

Sacred Sir 

Your Majesties most Dutiful 

most Loyall & most Obedient Servants 

and Subjects 

JOHN LOVICK, foreman. 

HENRY BONNER 

WILLIAM MORTON. 

THOMAS KEARNY. 

HENRY GUSTON. 

WILL: GRAY. 

EDW* GALE. 

THOS. LOVICK. 

W» HARDING JONES. 

CHAS: DENMAN. 

RICH* SKINNER. 

RICHARD WHEEBK 

WILLIAM WILLIS. 

JAMES MILLIKIN 

HENRY BAKER. 

J" ISMAY. 

JOSHUA LONG. 

WILL: ARKIL. 

JOHN BRICKELL. 

The Grand Jury's Address to His Majesty, April 1" 1731. 



\ 



136 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. P. A. 40.] 



GEORGE THE SECOND BY THE GRACE OF GOD KING 

OF GREAT BRITAIN FRANCE AND IRELAND &c: 

DEFENDER OF THE FAITH &c: 

To our Trusty and well beloved William Smith Esq" Greeting. 

Wee reposing special Trust and Confidence in the care prudence fidelity 
loyalty and integrity of you the said William Smith and out of our meer 
motion, certain knowleilge and special Grace have ordained constituted 
and appointed and by these presents do ordain constitute and appoint you 
the said William Smith by the name and style of Chief Justice or Judge 
of this our said Province of North Carolina To have and to hold and 
determine all Pleas as well a-s civil as (Timinal and all other Pleas what- 
soever arising and happening within our said Province of North Caro- 
lina giving and hereby granting unto you the said William Smith fiill 
power and authority to do perform and execute all acts matters and things 
whatsoever which in our said Province to the Office of a Chief Justice in 
any wise belong or appertain and in as large and ample manner to all 
intents and purposes as any Justice of any of the Courts of Westminster 
or any of the English Plantations in America may or ought to perform 
and execute To have and to hold the said office of Chief Justice in this 
our Province of North Carolina (During our Royall Will and Pleasure) 
Together will all Fees perquisites Priviledges Liberties Immunities and 
Casualties belonging unto the said Office and we do hereby revoke and 
make null and void all former Commissions granted for the said Office 
In Testimony whereof we have caused these our letters to be made Patent. 
Witness our Trusty and well beloved George Burrington Esq" Captain 
Greneral and Govemour in Chief in and over this our said Province of 

North Carolina 

GEO: BURRINGTON. 
Given under my hand luid Seal 

of the Colony the first day of 

April in the fourth year of his 

Majesties reign Anno Dom : 1731. 

By order of the Grovemor and Council 

Jos: Anderson 

P. Secretary. 



COLONIAL RECORDS. 137 



[B. P. R. O. Am: & W: Ind: Vol. 22. p. 11.] 



North Carolina. May 22"'* 1731. 
May it please your Grace 

The General Assembly of this Province having voted an Address to 
be sent unto His Majesty, I put it under this cover, as in my opinion 
the most direct way bf its coming to the Royal Presence, If I Err in the 
manner I humbly ask your Grace's Pardon, 

So soon as the committee shall have prepared the Representation of 
the state of this Country I shall transmit it unto your Grace and to the 
Lords Commissioners of Trade and Plantations pursuant to the Direc- 
tions of the Assembly. In the mean time I ask Liberty to assure your 
Grace, that I find in the people of this Province a most hearty zeal and 
affection for his Majesty's person and Government, and a readiness to 
comply with all His Majesty's Instructions to the utmost of their Power, 
which I trust will be very evident to your Grace when you shall see the 
Journal of the Assembly. 

I am preparing a large Map of this Province for his Majestys view, 
drawn from several Observations I collected when I was Surveyor Gen- 
eral of this Province and many helps I have received from several Gen- 
tlemen of this and the neighbouring Governments, the particulars 
whereof I shall communicate to your Grace when I send the Map. 

I beg leave to subscribe myself, your Grace's most obedient . 

and most humble servant 

E. MOSELEY. 



[B. P. R. O. Am: & W: Ind: Vol. 22. f. 12.] 



To the Kings Most Excellent Majesty 

The Humble Address of the General Assembly of Your Majesty's 
Province of North Carolina. 

Most Gracious Sovereign 

We your Majesty's most Dutiful and Loyal Subjects the Representa- 
tives of the People of this your Province now met in General Assembly 
with Chearfulness lay hold of this Opportunity on our first meeting after 
the Publication of your Majesty's purchase of the Sovereignty of this 
Province; to acknowledge with the Profoundest Gratitude the many 

18 



138 COLONIAL RECORDS. 



Blessings we enjoy under your Auspicious and Happy Reign. It is with 
the greatest Pleasure we observe your Majesty and our Gracious Queen 
Caroline always Intent on Promoting the Happiness of all your People; 
and although we are so remote from your Royal Presence, we find our- 
selves Nevertheless the subject of your Fatherly Care and Concern. 

We are in Duty bound to acknowledge as a particular mark of your 
Indulgence the placing over us His Excellency George Burrington Esq" 
Captain Greneral and Commander in Chief of this your Province, a 
Person who by his Behaviour during the time he governed this Pro- 
vince for the Lords Proprietors rendred himself very agreable to the 
People by the Great Care he then shewed in his due Administration of 
Justice and in promoting the wellfare of this Province; on which occa- 
sion his Indefatigable Industry and the Hardships he underwent in car- 
rying on the Settlement at Cape Fear deserves our thankful Remem- 
brance. 

The Governour having laid before us several of your Majesty's Instruc- 
tions relating to this Province, we think it our Duty thankfully to 
acknowledge your Majesty's great clemency and Goodness expressed in 
those Instructions towartl the people of this your Province, and as some 
of them do necessarily require that your Majesty should be informed of 
the State and Condition of this Country, we have directed a Committee 
to transmit a true State thereof unto his Grace the Duke of Newcastle 
one of your Majesty's principal Secretarys of State, and to the Right 
Honorable the Lor<ls Commissioners of Trade and Plantations. 

That the Life of your Majesty our Gracious Queen may be Long, Your 

Reign Happy, and the Succession of your Throne Perpetuated in the Most 

Illustrious House of Hanover to the latest Ages are the Prayers of your 

Majesty's 

Most Dutiful 

Most Loyal and 

Most Obed* Subjects 

E. MOSELEY. Speaker. 
By Order of the General Assembly. 

(Endorsed) 
Address of the General Assembly 

of North Carolina., 
in the Speaker of the Assembly's 

Letterof May 22*1731. 



COLONIAL RECORDS. 139 



[B. P. R. O. Am: A W: Ind: Vol. 22. p. 13.] 



North Carolina 1* of July 1731. 
May it please your Grace 

By his Majesty's Instructions I am ooninianded to transmit to one of 
the principal Secretarys of State Copies of the Proceedings of the Gov- 
ernor's Council, and Assembly with my report and remarks which have- 
ing done, with care and diligence, I now do myself the honour to address 
them to your Grace. 

My Lord 

I have used my endeavours to settle this Government as commanded 
by the King's Instructions, if the Council would have assisted me much 
might have been effected, M' Smith the Chief Justice, M' Ashe and M' 
Porter Councellors violently opposed me, the Assembly by their instigation 
instead of observeing his Majesty's Instructions, and makeing Laws for 
the good of their Country, in concert with the before named Councellors 
imployed themselves in promoting private Agencys and Complaints, 
Smith resigned his seat in Council, it is beliv'd here he is gone to Eng- 
land to complain against me, I treated him with great kindness and. 
gave him very good advice, he might have lived very happily in this 
Country if he had either understanding or honesty I have reason to think 
this ungratefuU youth was seduced by M' Rice Secretary of this Prov- 
ince Coll : Bladen's Brother in Law, before his comeing everjrthing 
looked well, he stayed but a short time then returned to his Family in 
South Carolina, I have heard from London and it is commonly reported 
here that upon any Complaint I shall be dismissed and Rice promoted to 
the Government by M' Bladen's Interest, M' Montgomery the Attorney 
General is very intent to prejudice me on all occasions, he came with 
Recommendations from Coll : Bladen. 

The Province notwithstanding the Artifices that have been used is in 
a peaceable and quiet condition, I hope to keep it so, till such time as I 
am honoured with your Grace's commands, no good can l>e expected from 
an Assembly before. 

My IjORV 

The Inhabitants of North Carolina expect they shall have Liberty to 
take up Land on smaller Quit Rents than are now sett for new surveys, 
being double to what is paid in Virginia and twelve time more then the 
Proprietors received, this circumstance is very prejudicial to all the 



140 COLONIAL RECORDS. 



Officers more particulaly the Secretary Iwo thirds of his perquisites 
accrued by Warrants and Patents for Land, when affairs are rightly set- 
tled the incomes of the several Officers will be the full value I named 
them to your Grace. I cannot flatter myself so much to think your 
Grace will looke upon my Report, or the Journals. The Favour I desire 
of My Lord Duke is to allow the Liberty of defending myself against 
my base enemys if attackt and that he will not pass Judgment upon 
me before my defence is seen, after that if your Grace finds me upon the 
strictest examination in fault, I will never complain punish me ever so 
severely, haveing acted with great care and precaution am certain my con- 
duct will prove blameless (I hope commendable) therefore am fully 
satisfied your Grace will not permit M' Bladen to mine me if he 
attempts it. 

Your Grace was infinitely good in generously promoting me to this 
Government, I will allways act in the best manner for his Majesty's ser- 
vice, and take care never to give my Lord Duke cause to be displeased. 
I fear writing more would make this letter too long, therefore have 
instructed M' Fury to inform your Grace, when commanded. 
I am 

Your Grace's 

most humble 

and most devoted servant 

GEO: BURRINGTON. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 13.] 



GOV BURRINGTON TO I^DS OF TRADE. 

[1 July, 173L] 

To the Right Honourable the Lords of Trade and Plantations 

My Lords. 

Having finished my Report of the State and Condition of this Pro- 
vince as I am commanded by His Majesty's Instructions, herewith I 
transmit the same to Your Ix)rdships Board, and shall be Extremely 
])leased if it has the GcxkI luck to meet with Your Lordships Approba- 
tion, the aax)unts I give are Just and true according to the best of my 
Knowledge and Informations I («uld get what Relates to my Own Be- 
haviour is Submitted to Your I^ordships Judgement I can truly say I 



COLONIAL RECORDS. 141 



have acted in everything to the best of my Capacity, and have not know- 
ingly Deviated a Tittle from the Powers and directions I brought with 
me, when I have His Majesty's interest in View and pursue his Instruc- 
tions, I think I cannot Err. 

I have been entirely left to myself since I entered upon the Country's 
Business and instead of help and Assistance from His Majesty's Council 
and Officers here as I might reasonably have Expected (and surely it 
was their Duty to have given me) I have had and still have them a 
weight upon me, There has been no foolery or Villany sett on foot that 
they are not Concerned Inn which has increased since John Mongomery 
the Attorney General arrived at once he struck in with this Party, I 
have the whole force of his Wisdom and the three following Gentlemens 
to Guard against. 

If I am wanting in my Report or have Omitted any thing that might 
have been done for His Majesty's service it must be attributed to the 
conduct of these Gentlemen; I have been so farr from Disoblige! ng or 
doing any thing to make them Uneasy, that on the Contrary I have 
used all my Endeavours to serve them and cannot account for their 
behaviour to me. (when I mention the Council I doe not mean all there 
being but three principally that I complain against) M' Ashe a Gentle- 
man (when I had the Charge of this Government under the Proprietors) 
I conceived so good an Opinion off that I intrusted him with all my 
Concerns during ray stay in England. The second is M' Edmond 
Porter; who has to say of me that I Refused to make myself a party in 
his unjustifyable quarrels and would not screen him from several Prose- 
cutions against him for his Violent and unlawfull proceedings in the 
Court of Admiralty of which he is Judge. The third is M' Smith the 
Chief Justice a Weak Rash Young Man, Drunk from Morning till Night, 
set on work by the Other two and some of the Managers in the Assem- 
bly, when anything was to be said or done that the Others were ashamed 
off, he was their Mouth and Tool he has Resigned his seat at the Coun- 
cil Board sometime Past, it is now reported he is going home with Com- 
plaints Against me, this for anything I know may be true, Tho' upon 
the Strictest Examination into my Own Conduct I am no way Conscious, 
that I have given the least Pretence to these Gentlemen to Complain, but 
every thing may be Expected from the Folly and Madness they have 
shewn, and the heats of Nonsense that is for Ever among them. 

My Lortxs. 

I am convinced ray Actions will speak for theraselves and that I shall 
have no Occasion to bespeak your favour Your Justice I have a Right to 



142 COLONIAL RECORDS. 



Demand and am sure it will not be Denyed me (which is) that if any 
complaints are Lay'd before you, I may not be censured unheard, I desire 
only an Oportunity of Answering whatever may be Objected against me. 
I am 

With due Respect 
Your Lordships 
Most humble 

And Most obedient Servant 

GEO. BURRINGTON 



[B. P. R. O. Am: A W: Ind: Vol. 22. p. 14.] 



North Carolina. July tlie 2* 1731. 

To the Duke of Newcastle One of His Majesty's Principal Secretarys of 
State. 

May it please your Grace. 

The 25**" of February last I came to this Country found the Province 
in the greatest Confusion the Government sunk so low that neither Peace 
or Order subsisted, the General Court suppressed, the Council set aside 
a year and half, some of the Precinct Courts fallen, the admiralty Court 
haveing no restraint began to draw all manner of Business there and 
proceeded in such an Extraordinary Manner as occasioned a General Dis- 
content and Ferment among People, who from all Parts on my arrival 
complained against that Court, the Gentleman that is Judge of it boasted 
of his success in putting down the supream Court, and is known to have 
l)een the Chief Actor in running the Country into Disorders. The late 
Governor Sir Richard Everard being a very weak man was too easily 
put upon such rash and unadviced Measures tliat have since caused so 
many heats and divisions, I fear it will be some time before I shall be 
able to allay them though I have done my utmost Endeavour to effect it 
and to sett a good Example I freely passed by all Differences I had with 
any persons for their past Actions, which was gratefully received. The 
first Grand Jury (which was for the whole Country) made a thankfull 
acknowledgement in their Address to me at the same time they signed a 
very Ijoyal and Dutifull Address to his Majesty That will Ikj transmitted 
home with these Papers 

Soon after my arrival agreeable to my Instructions with the Advice 
of the Ciuincil I issued WritsS for calling an Assembly which met on the 



COLONIAL RECORDS. 143 



13*** day of April I opened it with a kind spe^ili recommending Peace 
unanimity and due r^:ard to hin Majesty's Instructions which I ordered 
to be laid before them, kept them sitting Five weeks when I was obliged 
to part with them finding the longer they sat the more their heats in- 
creased and less Inclination in them to observe his Majesty's Instructions 
as shall he further taken notice of in its Place, and proceed to make 
remarks upon what was done on the several Instructions. 

As directed by the Id*^ Instruction a Bill was formed for an Act al)out 
the Fees and Quit Rents to that Part of the Instruction for remitting 
the arrears of Rents, it was readily enough accepted but instead of cx)m- 
plying with his Majesty's Instructions about the payment of Fees and 
Quit Rents in Pix)clamation Money they pretended to allow the payment 
in that Money or Bills at Four for one Discount but then they would 
New Modell the Fees which accordingly they undertook, and ingeniously 
reduced them down four times as Low as they were before but this was 
so palpable, it was not long insisted on, but begat a good deal of Warmth 
in the Council to see such Prevarication several hot Debates and Mes- 
sages insued, but I being desirious to enter more calmly on reasoning 
this affair in my message to the Ijower House on the third of May and 
in the Amendments I made to the Bill on the first, I put the Matter in 
so clear and strong a light and with so much Temper that they never 
attempted any Reply but seemed as if they intended to pro(«etl and 
allow the Fees already established, to U? paid in priK'lamation money or 
rated Comnuxlitys of the Country or Province Bills at an ecjuivalent. 

Al)out this time I discovered theix? l)egan to be Divisions in the C'Oun- 
cil and that the Ijower House finding the alignment liear to hanl upon 
them they were resolveil to make a Division (as they (»lled it) in the 
Council, but I endeavoured all I c^uld to prevent this madness, but I 
cannot answer for the Follys and Passions of Men, all my Endeavours 
failed, the Chief Justice who hitherto ap|)ejired the warmest against the 
Lower House and by his extravagant unwary way of Talking liad irra- 
tated them, was at once by some means or other (to me unknown) made 
to alter his conduct and act quite a different part, and from that time I 
had as many Disputes with him and two more of the Council as with the 
Assembly who afler this went but sloly on in complying with his Maj- 
esty^s Instructions, which I van attribute to nothing but the Behaviour 
of some of the Council who seemed to be admitted into the Assemblys 
Secrets This obstructed everything and obliged me at last to prorogue 
them, I could never get them to allow more than 150 per: cent discount 
on the Bills to make the Equivalent to Proclamation Money, which was 



144 COLONIAL RECORDS. 



not half the real difference as the Bill pass: Though at the same time T 
offered if they would comply with his Majesty's Instructions in other 
things to submit my own Fees to their Discretion. And for that part 
of the Instruction that required the registring of I^ands which I look 
upon to be very Material toward getting his Majesty a Rent Role, they 
only evaded it by answers that shewed plainly they designed to doe noth- 
ing therein, I look upon this Point to be the more Material because of 
the great difficultys hitherto in the collecting for want of power in the 
Lords Proprietors and a compleat Rent Role, and there being no Re- 
ceiver General here the collection of the Revenue is like to be more 
perplexed and difficult, in my opinion will require an Officer immedi- 
ately commissioned and not to be Transacted by a Deputy as is now 
designed — In respect to the payment of Quit Rents they had ingeni- 
ously contrived (under pretence of not being able to pay this year) that 
it would be near two years before Rents should be paid, and then the Bill 
added they might be paid in Tobacco or Rice at Eleven shillings per 
Hundred as an Equivalent for Proclamation Money, tho it is well known 
that neither of them are worth near so much. I desired the opinion of 
the Council as may l)e seen in the Council Journals whither any Ekjuiv- 
alent at all could be taken insteail of Money and if there might whither 
what was proposed in the Bill was sufficient, but I could obtain no answer 
or advice of the Council thereon while the Assembly was sitting, they 
being then gone to farr into that Spirit of Opposition before com- 
plained of. 

I must humbly beg to know his Majesty's Pleasure if the Receiver 
may take any Ecjuivalent instead of money which is hardly to be raised 
in the Government it being affirmeil that there has not been cash eneugh 
at one time here to pay a years rents. And the people have another Plea 
that the Grand Deed to the Inhabitants of Albemarle the Name this 
Government was then called in 1668 under which most part of the Lands 
are held — Grants the Lands to them on the same Terms as in Virginia 
where the Rents are paid in Tobacco or Money at the choice of the Par- 
tys, and it is submitted whither it would not be a means of putting Peo- 
ple on raising Tobacco, and thereby increase our European Trade that 
so much wants encouragement. 

The 20*** Instruction directs me to send an Account to the Lords Com- 
missioners of Trade and Plantations whither any Pajwr Bills be Current 
in North Carolina and how many, on what Fund and at what discount 
thev are current. 



COLONIAL RECORDS. 145 



To put this affair in a clear light it •may not be amiss to take notice of 
the first Emission of Bills here, which was occasioned by the expenoe of 
a Bloody Warr with the Indians nere 20 years past. The Lords Pro- 
prietors complained of this as a Hardship upon them, that these Bills 
were made to pay their Rents and Fees to the Officers, but it was 
answered that they were to defray the Expence of the Warr to save 
their Lordships Country from a great danger, and which they had 
nothing contributed to defend, therefore it was reasonable the Lords 
should so far partake as to suffer their Rents and Dues to be paid in 
these Bills, which were made Current in all payments, and which by the 
Taxes laid as a sinking Fund in a Few years would call them all in, and 
put an end to them, to perform this the Publick Faith was pawned. 
However that Faith was afterwards broke in upon. The Taxes for sink- 
ing them were lessened and afterwards more Bills emitted, which all the 
while paying the Lords Rents and Dues was an apparent Injury to their 
Revenue. This the Ijords ordered to be redressed but without any effect. 
However these old Bills are since called in and all the Bills of Credit 
now subsisting are by a pretended Law «iade in November 1729, Aft«r 
the King had purchased a Copy of the Act is herewith transmitted by 
which it appears the sum of Forty Thousand pounds was made of which 
Tenn Thousand Pounds were allotted to exchange the old Bills then cur- 
rent, the other Thirty Thousand Pounds were distributed into the several 
Precincts and Precinct Treasurers appointeil to lett them out at Loan on 
Land Security, every year part of the principal with the Interest to be 
paid inn by such payments as in fifleen years to sink the whole whereby 
the Country is to gain 50. per: (»ent upon the Emission, tho there was 
Liberty for the Borrowers at the end of any year, to pay in all the Prin- 
cipal which was to be let out again in the same Manner, By this method 
the money being to he lett out as fast as paid in would make them per- 
petual, most of these Billp have according been let out at Interest and 
are now dispersed through the Country, tho for want of care in the valu- 
ation of the Lands Mortgaged it is said there has been a great deal of 
fraud These are the Bills now current, and this the Fund they are upon. 
The Act it self made an Estimate of them at Four for one with respect 
to Virginia Currency which is something better than Proclamation 
Money, Th5 not so much better as the Assembly seemed to deem it. 
For Proclamation Money makes the chief part of Forreign Coyns cur- 
rent at 6' 10* per: Ounce, and Spanish Money passes in England at 
about 5* 6* per: Ounce Sterling. The pretended Act says if the Bills 
in this Currency should sink from that estimate an allowance should by 
19 



146 COLONIAL RECORDS. 



the Assembly be afterwards ascertained on them, this was Intricately 
enough expressed in the Act, and at the same time in Lieu of these Bills 
when to be paid inn If they were paid in Silver it should be taken at 25* 
per: Ounce which was stateing of it at four for one in Silver according 
to the old Virginia Currency which till lately was at 6* 3* per: Ounce. 
This seems the Statement made by the Act but instead of Four for one 
in Sterling Silver they will not pass so, nor purchase Silver under seven 
or eight for one and their Credit seems more declineing from the Break- 
ing up of this Assembly without settling things and its held by many 
that the Act itself is Void not only as made and ratified in the name of 
the Lords when they had surrendered to the Crown, and were no longer 
a Corporation, but that if it had been otherwise the Grovernment here 
were not impowered to make such an Act without a Clause therein not 
to be Force till their Assent was had For by the Charter the Lords had 
power by themselves or Deputys with the Freemen to make Laws. They 
impowered the Grovernour and Council in their name and behalf to ratify 
Laws excepting such as affected their own particular Interest or Property 
which was to have their own assent. And its undeniable that this Act 
most materially affected them in their Right and Interest, and their 
Attorney Greneral for that reason on their Behalf protested against it, 
which was entered on the Journal of that Assembly. 

This present Assembly in their message April the 28*** as may be seen 
in their Journal herewith sent are of Opinion that the Laws made in 
1729 are not Void or at least ought to remain in force till his Majesty's 
Pleasure be known thereon — Bills have been found so neoessarj' in facil- 
itating payments for defraying the contingent charges of the Government 
as well as a medium of Trade that the destroying them wholly would 
(I think) be a great loss and damage to the Country. And if his 
Majesty's pleasure should be to declare the present set of Bills Void it 
is humbly hoped an Instruction may be sent for issuing others on a 
better foundation, and more agreeble to his Majesty's Royal Will and 
Pleasure 

In Observance to the 25*** Instruction I have caused all the Laws in 
force to be sent home with this Report and made Observations as directed 
on the Margins I intended to have had a Revisal of them by our Assem- 
bly had they agreed on doing any Business, some of them want explain- 
ing, some are obsolete, others need alterations, but in general they tseem 
to me a body of Laws well adapted to the place 

The 31* Instruction (as directed in the 32"*) I laid before the Assem- 
bly and what they did will be seen marked in the Margin of the Jour- 
nal of the Lower House. 



COLONIAL RECORDS. 147 



The Court of Exchequer mentioned in the 38*** Instruction I have not 
yet erected this being left by the Instruction as I understand it discre- 
tionary in me to commissionate, when his Majesty's service may require, 
and nothing haveing yet been laid before me concerning his Majesty's 
revenue I forbear erecting the same till I see a necessity for such a Court 
there (wholly new) and how far his Majesty's service may require a con- 
stant Court of Exchequer to be held, I shall be better able in time to 
judge. I am very certain there is no man at present in this Government 
capable of trying a cause in a Court of Exchequer therefore pray one 
may be sent from England to execute the office of Chief Justice Baron 
when the Court is set up. 

Being directed by the 41** Instruction to inquire into the Complaint of 
Sir Richard Everard Barronet late Go vernour against some of the Mem- 
bers of the late Council and some of the Lords Proprietors Officers 
And of the late Council against Sir Richard Everard, I accordingly gave 
notice to the partys and ordered them respectively to be served with 
Copys and on the day appointed for the Inquirey Debates arose in Coun- 
(iil upon some points wherein I desired their opinion I was not candidly 
dealt with by them as may be seen in the Journals of the Council at 
length the Board gave it me as their opinion that there was nothing 
Material in the complaint against Sir Richard that deserved to be pro- 
ceeded upon only the words spoken against his Majesty which the Gen- 
tlemen alledged were to have been proved by Collector Gale who is now . 
in England and Coll : Thomas Harvey who has some time been dead. 
And as to the complaint of Sir Richard Everard against Secretary Sur- 
veyor General and Members of the late Council as soon as Sir Richard 
was called upon to make it good he declared he had nothing to say against 
the Surveyor General or any of the Members of the late Council, but 
only against the late secretary Sir Richard called several people who 
were admitted to* give Depositions, but all they swore being Facts, long 
after the complaint was made, upon the motion of the said Secretary t-he 
Board gave their opinion that such Evidence could no ways support 
Complaint and Sir Richard failing to produce any other Evidence the said 
Secretary was by the unanimous opinion of the Board discharged from 
the said Complaint, and the said Secretary haveing put in an Answer to 
the said Complaint of Sir Richard to clear his character from any Impu- 
tation that might be drawn from the Depositions taken against him, the 
same was judged satisfactory and will be sent home with the Council 
Journal. 



148 COLONIAL KECORDS. 



Coiuplaiut was made to me allso by Exlmond Porter Esq"* Judge of 
the Admiralty against several persons for an intended Riot and combi- 
nation of a great number of persons intending to assasinate him, or 
obstruct him in the Execution of Office upon which I promised him if 
he would draw up the Complaint in Form that the persons concerned 
might be served with Copys I would appoint a day for hearing, but the 
Judge having offered nothing further upon this complaint I conclude 
he has droped it. By what I can learn there was no Riot intended no 
any designe to do him hurt. 

Complaint was allso made to me against the Judge of the Admiralty 
for many ill^al and arbitrary proceedings in that Court against all Law 
and common right, praying a suspension of the said Judge or other 
course to be taken with him which I ordered to be layM before the Coun- 
cil to be proceeded upon. To this the said Judge has not hitherto 
replyed as will be seen in the Council Journal. 

42"* Instruction : This I laid before the Assembly and recommended 
in my speech but nothing was done by them — To that part which relates 
to persons holding greater Quantitys of Land than their Grants express. 
It was urged that they had a Law already about Resurveys in such cases 
which will be seen in the Body of Laws with my remarks. As to the 
condition in this Instruction directed to be put into the patent it has all- 
ways been usual to add a clause in the Patent it has allways to render it 
void if not seated and planted in three years, But no condition hath been 
in the Patents to make them void for not paying the Quit Rents unless 
the words yielding and paying be thought a condition as the usual form 
of the Patents run, which have formerly been prescribed by a Law as 
may be seen in the Body of Laws, But now as the stile and form of Pat- 
ents must vary I desire a Draft from the Board of Trade. It is directed 
in this Instruction that no more than Fifty Acres is to be granted for 
each person in the Family of the Taker of Lands, If this is not altered 
there can be but little Pitch and Tarr made Because a Thousand Acres 
of Pine Land (of which nineteen parts in Twenty of this consists) will 
hardly employ one slave and will be very detrimental to the Revenue. 
In some Places there are large Plains called Savannas, these are Boggy 
and as bad Lands as the Moors in the North and West of England so 
consequently unfitt for Agriculture. The Pine Lands are chiefly sandy 
Barrens as improper for Tillage as the Savannas. Another observation 
on this Instruction, that if jKiople have so little Land it will be a very long 
time l)efore all the Country is settled, and if Men are obligetl to live so 
near one another they must make their own Apparel! and Household 



COLONIAL RECORDS. 149 



G<y)d8 because they cannot raise stock to purchase them brought from 
England, it is by breeding Horses, Hoggs, and Cattle that people with- 
out slaves gain substance here at first, not by their Labour. If but one 
half of this Province is inhabited by consequence the produce of Cattle 
Ac: will be but half what it might be were the whole taken up. 

I am commanded by this Instruction also to give an Account whither 
any Grants of Land have been made in North Carolina without his 
Majesty's authority since the purchase from the 25*** of July 1729. That 
his Majesty may give such Orders an may be thought convenient for his 
service. 

I have on this head been moved by the Assembly to joyn with them 
in an address to his Majesty to have all those Grants confirmed to the 
people. My answer was I did not think proper to joyn in such an 
address but I would truly represent the matter to the Lords of Trade. 
Which is as follows. — 

The Quit Rents as they have been collected did annually fall short of 
paying the Salarys and other payments to be made for the Lords Pro- 
prietors to supply the Deficiency, Lands were sold by order of the 
Grovernour and Council to such as could produce Grants or Warrants 
formerly obtained for them and on running the Line in 1728 Betwixt 
this Government and Virginia which was done by his Majesty's com- 
mand and the Proprietors order. There being no money in the Receivers 
hands to defray that charge an order w^ made by the Govemour and 
Council that Lands should be sold at the usual rates to defray that neces- 
sary expence, it was undertaken and the Re(«iver General with the assist- 
ance of the late Secretary and others, on the credit of that order advanced 
the money needfull which amounted to £2000 in Bills (as appears by the 
accounts I have perused) which I think very moderate and declared so in 
one of my messages to the Assembly. Certificates were accordingly taken 
out but before the Lands could be surveyed and Patents obtained and pass 
the seal, the purchase was perfected by the Crown, and the Grovernment 
still continuing in the same Form and having no orders to the contrary 
went on as before to sign the Patents and compleat the sales — The late 
Receiver General was ordered to produce the accounts to me in Council 
the same were laid before a Committee who have not yet made their 
Report — This is the truth of the affair by the best Information I could 
get concerning the purchase of Lands since his Majesty has bought the 
Government which haveing now justly represented I shall suffer to remain 
till his Majesty's pleasure be fiirther known. 



160 COLONIAL RECORDS. 



43** Instruction : requires that in all Grants to be made for the future, 
the Quit Rents to be Four shillings, but the people urge that they have 
an undoubted Right by the Grand Deed from the Lords Proprietors (a 
copy of which will be found in the Assembly Journal) to hold their Lands 
on the same Tenure as in Virginia which is at two shillings per: hundred. 
So that if this Instruction be continued while the people imagine they 
ought to have the benefit of the Grand Deed, it will prevent them from 
taking up I^and and hinder the increase of the revenue, prevent the per- 
quisites of the Officers, and obstruct the gro^^lh and increase of the 
Country. 

The 44*** and 45**" Instructions concerning the Jurisdiction of Courts : 
will make due observance of 

I am directed by the 46**" to transmit an Account of the several Courts 
and Jurisdictions here established. The Court of Chancery by the for- 
mer constitutions has allways been in the Governour and Council. 

The supream Court of common Law which is for the whole Province 
is called the General Court and hath consisted of a Chief Justice and 
two or more assistants which by the Lords Proprietors commission had 
the power of the King's Bench, Common Pleas and Exdiequer. And the 
Greneral Court by another Commission as a General Sessions of the 
Peace Court of Oyer and Goal Delivery consisted besides the aforesaid 
Members, of all Members of Council the principal Officers by name 
which before the late disorders was constantly held by act of Assembly 
three times a year at Exlenton. Besides this General Court there is allso 
in every Precinct a Court established, called the Precinct Court with 
power to try all personal actions under Fifty pounds & is also an 
Orphans Court, appoints Guardians, takes security &c : Before I leave 
this head I b^g leave to mention a great Debate I have lately had with 
the Chief Justice and his two allies in the Council, about the power of 
assistant Judges in the General Court as may be seen at large in the 
Council Journal herewith transmitted therefore say the less here. But I 
am very sure if the assistant Judges have no Juditial Power as they 
express it, and set only as supporters, being useless. No Gentleman will 
accompany the Chief Justice on the Bench besides in my Opinion it will 
be erecting a single Judge of the Court of Common Pleas unknown here 
before, and I believe as little consistent with the Law, but since the 
Chief Justice is pleased to declare himself my enemy and so much argu- 
ment has been upon this head I shall be glad to be favoured with an 
Instruction or advice hereon. 



CX)LONIAL RECORDS. 151 



The 47th Inst^iction : I never heard tliat any Oflficers in North Caro- 
lina had placcH under the Proprietors for life but only during their Pleas- 
ure which are all now superceeded. 

The Assembly of this Province have allways usurped more power than 
they ought to be allowed, one instance I now give in that of chuseiug a 
publick Treasurer (the person now in possession of the office is Edward 
Moseley speaker and Manager of the Assembly) in the last Session there 
was some Debate on this subject as may be seen in the Journals — By the 
Assembly here in 1729 a pretended Act was passed that constituted 
eleven Precinct Treasurers who were all in the Assembly and as they 
have the Disposition of the Publick Money will be constantly chosen, 
which forms so great a Party that they can lead the Assembly as they 
please. I am sure it will be for his Majesty's service and quiet of the 
Province that a Treasurer for this Government be appointed by the 
Lords of the Treasury. 

48"* Instruction : Directing me with the Council to r^ulate Fees, and 
the 19"* Instruction — Directing me with the Council to r^ulate Pees, 
and the 19"* Instruction — Directing all Fees to be paid in Proclamation 
Money I ordered with the Assent of the Council, that the Fees as they 
then stood should he received till further r^ulation. But they should not 
be compelled to receive them in Province Bills unless at Four for one 
According to the Estimate made of them with respect to Silver in the 
pretended Act. This the Lower House at their Meeting with much 111 
manners and a great deal of heat complained of (I have never heard that 
any man in this Country has complained out of the Assembly an well 
know how it was there managed) as Ill^al and Oppressive an Injury to 
Trade and that they could hardly find a morfi^eneral Evil which occa- 
sioned some writeings between the two Houses 'as will be seen in the 
Journals of either House — The Council declared what had been done 
was agreeable to the King's Instructions and therefore the complaint in 
effect made the King's Instructions Ill^al and Oppressive: to this the 
Assembly answered that they did not declare the Instruction was against 
Law, but the Officers takeing larger Fees than the Law appointed was 
ill^al and arbitrary and a great oppression, whereas in Truth they took 
no other Fees than those already by Law established only refused to take 
them in Bills unless at a Paper discount this subject being carried on 
with great heat in my message the third of May (already mentioned) I 
expostulated the matter calmly with them and shewed how manifestly 
unjust it was that the Fees should be paid in those Bills at Parr, and let 
them see withall that the Bill Money stood on a precarious Foundation, 



152 COIX)NIAL RECORDS. 



to this no reply was made, but the House b^an to come into Measures 
to allow a discount on Bills to make them equivalent to Proclamation 
Money on the rated Commodities, but there being afterwards heats and 
/ divisions in the Council as observed before under the 19**" Instruction the 
Tx)wer House fell off and could not be brought to exceed 150 ^ cent 
discount on the Bills for an equivalent Tho in Reality its not half the 
real difference so that Matter ended and the Assembly was prorogued to 
the sixth day of September next when by a Law here the Election for 
a Biennial Assembly comes on. I heartily wish I may then find a Tem- 
|>er in both Houses more disposed to his Majesty's service and a comply- 
ance with his Instructions. 

56**" Being commanded by this Instruction to appoint two Courts of 
Oyer and Terminer to be held yearly the charge whereof to be paid by 
the Publick Treasury of this Province not exceeding one hundred 
pounds each Session, If this Money is to be paid in Bills will not be 
sufficient therefore pray I may be further instructed. 

61** Instruction: directs a Law concerning Jurys if none already. 
This is settled here by a Law which the people are fond of. The Assem- 
bly has formed Lists of Jurors in each Precinct, and their names are all 
put into a Box to he drawn at the ending of the Court by a Child 
against the next Court but there seems two inconveniencys in this, that 
the Assembly admit into those Lists persons not qualifyed ac-cording to 
the Intent of this Instruction, and tlie Jury drawn being known so long 
before may give Opertunity for the Partys to l>e tampering with them 
in the mean time. 

6S^ Instnu'tion, I laid l>efore the Assembly and reeonmiended among 
others in my Speech, to no purpose. 

I am commanded by the 69*** Instruction to countenance and give all 
due encouragement to his Majesty's Officers in this Province which I 
have strictly obeyed and shall w)ntinue notwithstanding it has made sev- 
eral of my former Friends in this Government to l)ecome mv illwishers. 

75*** & 76*** Instructions I laid before the Assembly concerning Churches 
and the Publick Worship but I could not observe much sence of Reli- 
gion among them or that any notii*e was taken. This Country has no 
Orthordox Minister l^;ally settled those that formerly have been here 
generally pmved so very bad that they gave people Offence by their 
vicious Lives. The Country is divided into Parishes and there are in 
each Parish Church Wardens and a Vestry who have power to raise 
money by Poll Tax not exceeding 5*** in Bill Money on Tythable 
Persons which now the Bills are so Ix>w amounts to a small sum this 



COLONIAL RECORDS. 153 



is put to maintain the poor if any or paying some neighbouring Minis- 
ter for comeing out of Virginia and to pay Readers there being one or 
generally more at a small stipend hired annually to read the common 
service of the Church on Sundays and some printed sermon at a Chap- 
pie House where there is any or in some Publick Place several Parishes 
haveing by contribution or otherwise built Chappies at convenient places. 

85*** Instruction mentions the Indians here; Of late years they are 
much diminished, there are six Nations amongst us, they all live within 
the English Settlements having I^and assigned them, and chuseing the 
Places most setnire from the attacks of Forreign Indians that delight in 
slaughtering one another, the names of our Indian People are the Hat- 
teras, the Maremuskeets, the Pottaskites, the Chowans, the Tuscarora, 
and the Meherrins not one of these Nations exceed 20 Familys excepting 
the Tuscarora Indians who were formerly very powerfiill most of these 
were destroyed and drove away in the late Warr, only this Tribe under 
King Blunt made Peace and have ever since lived in amity with us con- 
sisting now of about 200 fighting men. There was lately a messenger 
from the Government of South Carolina complaining of Injurys done the 
White people of that Government by those Indians. But they denying 
the Facts charged on them and refuseing Restitution are threatened by 
that Government with a Warr from the Cherokees and Catauba's. On 
this affair their King is now with me to make some Proposalls, that the 
White people of South Carolina may not come against him, because he 
says it may bring on a Warr with the English in General, and may be 
a matter of consequence to the Country. I have but one Councellor left 
here to advise with on this affair, the others being out of this Province, 
or at a very great distance, therefore shall be obliged to fill up some of 
the Vacancies that I may have a Council to consult on Emergencys, my 
residence in this part of the Goveniment for some time being absolutely 
necessary for his Majesty^s service 

87"* Instruction requires me to report the number of Inhabitants in 
this Government: I have had no time to go upon this Inquiry, but shall 
obey the Instruction as soon as possible. 

Aca)rding to the 85**" Instruction there is allready a Law of the Coun- 
try for registering all Births and Burials in each Parish; th5 little taken 
notice of it. 

And as there are no Forts, Grarisons or Magazines, or any Publick 
Arms or Amunition in this Province; No further answer is needfuU to 
the 96"*, 97"*, 98"*, & 99"* Instructions only on the 99"* If there should 
be a Warr or Rupture with the Jndians then there will be a Necessity 

20 



« 



154 COLONIAL RECORDS. 



for Forts and Magazines of which an immediate aocount if it so happen 
sliall be given. 

103"* Instruction — A Map of this Province I am procuring to be done 
very accurately and when effected shall transmit as commanded. 

104*^ When the Lords of Trade were settling my Instructions I gave 
them an Account how intricate and difficult it would prove to run a line 
as directed in this Instruction, moreover it will be an Expence of two 
thousand pounds sferling to the King. Whereas were all the Lands on 
the North side Peede River in this Grovernment there would be no occa- 
sion for any line (Water bounds being certain) Nor his Majesty put to 
the Expence of running a Line, I must further say that if the District 
between the Division intended by this Instruction and that River was to 
be sold it would not prove sufficient to pay commissioners, chain, carriers, 
labourers &c : This Instruction has not yet come under consideration in 
Council, but shall be duly observed. If I am not otherwise commanded, 
and if any difficulty arises thereon it shall be carefully represented. The 
River Santee which is fiirther South formerly divided the two Govern- 
ments as will appear by many books of Geography and other accounts. 

105*** In answer to this Instruction I can find no rates or dutys cliarged 
on any goods exported or imported, nor any Imposition except Powder 
money which is paid in Bills at | ^ Tunn and which was at first 
intended for Pilotage and buoying out the Inlets and Channels, and 
some small attempts were made but of late years shamefully n^lected. 
And the Chief use the money has been applyed too has been in paying 
the Assembly Men who have received Tenn shillings a day Travelling 
Expences to and from the place where the Assembly is held and during 
the sitting thereof. There is no I^aw for their being paid, therefore I 
refused to sign a Warrant at the late Prorogation I hope for the Future 
the Assembly Men, may bear their own charges in North as they do in 
South Carolina. Here are no dutys on anything, nor any Taxes of any 
sort but a Poll Tax of 5* Bill Money each Tythable (and that by the 
pretended act in 1729 abolished) and a Parish Tax to be issued by the 
Vestry not exceeding 5' "^ Poll for rateable Persons in Bill Money not 
exceeding 1* 6* Sterling, and tho the people are thus free from Taxes or 
Impositions beyond any people in all his Majesty's Dominions they seem 
uneasy that the Kings Rents should he demanded in Proclamation Money 
or any thing else but Bills. 

As to the African Company mentioned in the 106*** & 107*** Instruc- 
tions their Trade here hitherto hath been small, but as this Province is 
now in a way to increase all due encouragement shall be given by the 



COLONIAL RECORDS. 156 



most speedy and impartial Administration of Justice and all other ways 
that may be and due observance made of their Trade according to the 
108"* Instruction, as allso all the assistance required to the admiralty and 
custom Officers, and to the Receiver of the Admiralty Rights, agreeable 
to the several Instructions thereon. I shall take care when the nei^t 
Assembly meets, to propose to them an act about Bankrupts as directed 
in the 104*** Instruction. 

The 115*** and 116*** Instructions concludes the remarks required. 
The Instruction about the General state of the Country is near fully 
answered by what has been already observed, I shall only further add 
that I found the Grovernment in a very disorderly condition through the 
weakness of the late administration that suffered things to run into all 
manner of Licentiousness I shall find it no easy matter to reclaim them 
but as I have a through knowledge of the Country I hope they will soon 
be in a better disposition and shall endeavour in the calmest and mildest 
manner to bring them to a sence of their Duty to his Majesty and his 
Government without which peace and good order cannot be maintained 
The Country is capable of being made a growing and flourishing Colony 
and yearly will increase by the a)ming of people from the Northern Set- 
tlements The Lands to be taken up for the future by the Instructions 
are at Four Shillings every hundred acres, this is twice as much as in 
Virginia to a Trifle, the good lands lying commodiously are long since 
Patented, the remainder the greatest part of the Country are far from 
navigable waters — For the increase of his Majesty's revenue and good 
of this Province, hope I shall receive an order to grant lands at two 
shillings, I have signed but one Warrant for takeing up land since my 
arrival. The Trade of this Government is now miserable except at Cape 
Fear River, the merchants on James river in Virginia supply most of 
the Inhabitants living on the North side Albemarle Sound and Roanoke 
river with Brittish Commodities at unreasonable rates being brought in 
by land or in little Canoos in small quantities. The people of New 
England send in sorry sloops which sale from river to river they furnish 
our people with West Indian goods and salt and carry away such things 
as cannot conveniently be transported into Vii^inia the only method to 
put the Traffick in a right way and make the Trade of this country 
advantagious to Great Brittain is to settle a Custom house on Ocaoock 
Island, where there is a good harbour and water sufficient for a ship that 
carrys 300 Tunus. From this place the gootls brought in may by small 
vessels \>e (»arried within Land to all places in this Country that doe not 
depend on Cape Fear River for their trade and be a Port for the three 



156 CX)LONIAL RECORDS. 



districts of Roanoke, Currituck and Bath Town. Permit me to say that 
if lands may be granted at 2* for every hundred acres, and a Port'settled 
upon Ocacock Island this Province will soon be in good repute, I have 
made it my Business for several years past to study and promote the 
welfare of this Country and if I am so happy as to obtain what I have 
desired in relation to the takeing up lands and settling a Port on Ocacock 
Island I shall in a few years be able to give a good account of the Prov- 
ince his Majesty has honoured me with the care of Governing. 

I am, my Lord Duke 

with all Duty and submission, your Grace's 

most humble, most obedient and most devoted servant 

GEO: BURRINGTON. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 14.] 



A SCHEDULE OF THE PAPERS TO BE DELIVERED TO 
THE LORDS OF TRADE AND PLANTATION. 

Drafts of a Bill to ascertain Fees and Quit Rents. 
Part of a controversy in writing to be read after The Council Journal. 
The Journal of the Council 
Journal of the Upper House 
Journal of the Lower House. 
Pretend Laws of 29. 
Laws of North Carolina. 

A list of the Pattents granted by Sir Richard Everard afl«r the King's 
Purchase. 

My Report and letter to the Board of Trade. 



[B. P. R. O. North Carolina. B. T. Vol. 8. p. 1.] 

North Carolina. 

These may oertifye that Robert Foster Grent: who hath attested the 
copys of the Council Journals, and the Journals of the Upper House 
of Assembly, is Deputy Secretary of this Province and Clerk of the 
Upi)er House of Assembly. That Ayliffe Williams Gent: who hath 
attested the Journals of the Hous<» of Burgesses, and the several Papers 



COLONIAL RECORDS. 167 



relating to the proceedings of that House is Clerk of the said House of 
Burgesses, and that full faith and credit is and ought to be given to such 
their Attestations. 

I do also hereby certify e that the several copies of the Laws hereunto 
annexed with the aforesaid Journals and proceedings are true Copys from 
the Originals carefully examined by me. 

In Testimony whereof I have hereunto set my hand and caused the 
Seal of Colony to be affixed, this second day of July in the fifth year 
of His Majesty's reign Annoque Domini 1731 

GEO. BURRINGTON 



[B. P. R. O. North Caboliha. B. T. Vol. 8. p. 33] 



A BILL FOR AN ACT ENTITULED AN ACT TO REGU- 
LATE AND ASCERTAIN THE PAYMENT OF QUIT 
RENTS & FEES OF THE OFFICERS OF THIS GOVERN- 
MENT. 

This was the second Draft of the Bill about the Fees and Quit Rents 
which the House declared was the furtherst they would go in the matter 
& the Council declared they would not consent to it. Bills at 160. 1^ cent 
being not near the value in Proclamation money, and to this New Draft 
I objected that the Ix)wer House in their last Amendments to the first 
Draft engaged to allow the table of Fees as they formerly stood but 
instead of that they now make a new regulation of them that reduces 
several of the Fees from what by law they had been established at as 
may be seen by comparing this with the Tables of Fees in the Acts of 
Assembly, & I further declared that the statem^ in this last draft of the 
Bill of Tobacco and rice for the payment of His Majesty^s Quit Rents, 
and the suspending the payment of the Quit Rent so long was what I could 
not presume to allow off as will be seen more at large in the Journal : 
Had they valued the tobacco & rice at an equivalent & I had been per- 
mitted by the Instructions I should not have been induced to allow the 
payment of Quit Rents in those Comoditys because we have yet no Acts 
to regulate the makeing of them good and merchantable and\till then 
any Trash might have been put upon the Receiver without remedy. 

The King's Most excellent Majesty as a Mark of His Royal Bounty 
and Fatherly indulgence to the Inhabitants of this Province having been 
graciously pleas'd to signify his pleasure to remit all arrears of Quit 



158 COLONIAL RECORDS. 



Rents due from such Persons holding lands in this Province as had not 
paid the same on or before His Majesty's purchasing the sovereignty of this 
Province which was the 25"* day of July 1729, and His Majesty having 
allso signified His pleasure that in the same Act to be pass'd for remit- 
ting the said Arrears all Persons should be obliged to register their 
Grants whereby they claim lands in the Office of His Auditor Greneral 
or Deputy, and that the Quit Rents reserved upon such Grants respect- 
ively shall hereafter Ikj paid in Proclamation Money and Fees payable 
to all Officers in this Government likewise to be paid in Proclamation 
Money. 

Be it Enacted by His Excellency the Governor Council and General 
Assembly of North Carolina 

That all and every His Majesty's subjects of this His Province of North 
Carolina shall be and are hereby acquitted, released and discharged 
against the King's Majesty His Heirs and Successors and every of them 
of and from all rents and arrears of rents which were due & owing to 
His Majesty the 25*^ day of July in the year of Our Lord 1729. 

And for the better ascertaining the Quit Rents due and payable here- 
after to His Majesty His Heirs & Successors Be it Enacted by the au- 
thority aforesaid that all and every person and persons whatsoever here- 
after taking up Lands in this Province shall within after his receiving 
any Grant for Lands out of the Secretary's Office tender the same Grant 
to the Auditor of this Province or his Deputy that it may be registered 
in the Auditor's Office under the penalty of and that the said Auditor 
be oblig'd to keep a Deputy in every Precinct in this Province 

And Be it further enacted by the Authority aforesaid that for the fiiture 
the Quit Rents that shall become due to His Majesty his heirs and suc- 
cessors by virtue of any Grant from the late Lords Proprietors, or by 
virtue of any Grant to be issued in this Province by His Majesty's Gov- 
ernor in Chief or Lieutenant Gov' the same shall be paid in Proclamation 
Money as mentioned in an act of Parliament made in the sixth year of 
the Reign of Queen Anne Entituled an Act for ascertaining the rates of 
foreign Coins in Her Majesty's Plantations in America, or in such equiva- 
lent as is hereafter in this Act mentioned. 

And be it Enacted by the Authority aforesaid that none of the Officers 
or other persons that now do or hereafter shall belong to or officiate in 
any of the Offices or Imployments in this Act mentioned and expressed 
either by themselves, Deputys, Clerks or servants shall after Publication 
hereof n^lect, refuse or delay to give due dispatch to the business of their 
respective Office for want of immediate payment when required by any 



CX)LONIAL RECORDS. 159 



Freeholder or receive or take directly or indirectly any other Fee or larger 
summ than in this Act directed for dispatch of business in their respective 
Offices or any other pretence whatsoever under penalty of forfeiting and 
paying the summ of fifety Pounds Proclamation money or Commoditys 
or Bills of this Province to the value thereof according to the rates or 
allowance in this Act ascertained, the one Moyety thereof to be paid to 
the Publick Treasurer for the time being and for the use of this Province 
and the other moiety to him or them that shall inform or sue for the same 
in any Court of Common Pleas in this Province and the Party grieved 
left to his Action at Common Law to recover his Damage on such Officer 
or Officers for such his Offence. And the said Officer shall further losse 
his or their Office or Offices, Imployment or Imployments. 

And Be it further Enacted by the authority aforesaid that every pub- 
lick Officer in this Grovernment that shall have, take or demand any Fees 
in this Government from any Person or Persons whatsoever such Officer 
so taking or demanding shall be obliged immediately (if ask'd) or thereto 
required) to make out a ticket of the several Articles of such his Fees so 
taken, received or deoianded and subscribe his name thereto and deliver 
the same to any person or persons from whom su(?h Fees shall be taken, 
received or demanded under the penalty of Poimds one half to the 
Church Wardens & Vestry for the use of the Parish where such Officer 
shall reside, the other half to him that shall sue for the same, to be 
recovered by Action of Debt, Bill, Plaint or Information in any Court 
of Record in this Government wherein no essoign, Protection or Wager 
of Law shall be allowed or admitted of. 

Provided that if the Person injured doth not complain or prosecute 
within one month after such offence shall be committed any other Person 
may complain or prosecute the Offendor — Provided it be done within 
eighteen months. ^ 

And be it enacted by the authority aforesaid that the respective 
Officers belonging to the Offices hereafter mentioned do forthwith after 
Publication hereof cause their Fees with the prises thereof according as 
they are in this Act sett down to be fairly ingrossed and set up in a 
Publick Place where their Offices are kept & the business belonging to 
the said Office is done and not to be from thence at any time under the 
penalty of forfeiting and paying the summ of ten pounds Proclamation 
Money or Commoditys or Current Bills of this Province to the value 
thereof according to the Rates or Allowances in this Act ascertained the 
one Moiety to be paid to the Treasurer for the time being for the use of 
the Province and the other moiety to him or them that shall informe or 
sue for the same in any Court of Common Pleas in this Government. 



160 (X)LONIAL RECX)RDS. 



Provided luformation be made within six months after such Offence 
shall be committed, and also the Clerks of the several Courts of this 
Government are hereby directed and required to keep a list of all Fees 
contained in this Act respecting their several Courts set up in some Pub- 
lick Place in their respective Court Houses, and there constantly kept 
during the sitting of the Courts, under the like penalty. 

And Be it Enacted by the authority aforesaid that every Officer here- 
after mentioned who shall make out an exact account or list of his Fees 
and shall attest the same upon Oath before some Magistrate to be justly 
due and agreable to the following table and shall deliver the same to the 
Provost Marshall or His Deputy where such Fees shall become due on 
or before the 14*** day of December yearly, that then and in such case 
the Provost Marshall or his Deputy shall and they are hereby obliged to 
collect, receive and pay the same at the rate of Tenn ^ cent. And Be 
it Enacted by the authority aforesaid that if any person or persons shall 
refuse to pay the said Marshall or his Deputy all such Fees as are or 
shall become due to the several and respective Officers so attested & 
delivered as aforesaid, that then and in such case it shall and may be 
lawfidl for the said Marshall or his Deputy at any time betwixt the 15*^ 
day of December and the last day of March yearly to levy the same by 
way of Distress and sale of the Goods of every Person so refusing. 

GOVERNORS FEES. 

£. s. d. 

For a Mariage Licence 10. 

For every Testimonial — Coll: Seal 10. 
For ordinary keepers licence 1. 

For the Master's report of every forreign Vessell. 15. 6. 

For signing Prol)ats of Wills 10. 

For signing letter of Administration 10. 

For signing a Roister of an open Vessell 5. 

For If deckt Vessell 10. 

For Letters Patents of Deraigation 10. 

For signing Writ of Escheat 10. 

For a Pass People going out of the Country 5. 

For Every elaps'd and Escheat Patent 10. 

For Injunction in Chancery 5. 

For Difinitive Decree thereof 5. 

COLLECTORS FEES 

For entring and clearing forreign Vessells all Fees included 

except such as are hereafter mentioned 12. 6. 



COLONIAL RE(X)RD8. 



l«i 



For entring & clearing open Vessells of the Country. 

For entring and clearing dockt Vessells of the Country. 

For granting and recording a Register 

For Certificate on exchange of a Master 

For Certificate of enumerated goods. 

For Certificate for the Bounty & Oath 

For recording a Certificate for cancelling enumerated Bonds 

For Permit from one District to another Open Vessells and 

Periag" 

Deckt Vessells 

NAVAL OFFICERS FEES. 

For entring & clearing forreign Vessells 

For every Vessell belonging to the Country if open 
if deckt 

For Bond not to carry People out without Licence 

For Certificate for the Bounty 

For every other Certificate 

For filing the Certificate to discharge the enumerated & can- 
celling the same 

For enumerated Bond 

cx)Mptroler'8 fees. 

chief justices fees 
For a Writ 

For Filing a Declaration, Plea or Warrant of Attorney 

For Copy of a Plea attested 

For a subpena 

For a Retraxit 

For a Scire Facias 

For entring Judgment in respite 

For entring every rule of Court 

For the Venire for every action that goes to the jury 

For swearing every evidence 

For writeing every deposition in any Criminal Cause to be 
paid by the party convict. 

For administring the oath & signing & endorsing the Certifi- 
cate to the deposition 

For reading a Bond or other Paper 

For a writ of Enquiry 

For entring an Action in the Judges book that goes to the Jury 
21 



£. 


s. 


d. 




2. 


6. 




5. 






7. 


6. 


U 


2. 


6. 


it 


2 


6 


ii 


4 




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6. 



162 



COLONIAL RECORDS. 



For Execution 

For every special Court and attendance thereon. 

For searching every Record of the Court 

For entring satisfaction 

For Copy of a Record attested 

For the allowance of a writ of Error 

For Bail taken before the Judge 

For confessing Judgment 

For admission of any Person to practice as an Attoniey in 

Court 
For filing the writ returnM by the Marshall 
For filing a Bail Bond or other writeing 
For a Bond from him who sueth by Ijetter of Attorney to 

pay Cost and Damages if Cast 
For a Replevin Bond 
For giving Judgment on a special pleading if the Action be 

above 50£ 
For giving Judgment under 
For receiving & entring an Injunction 
For the Judges book for every cause entred to be try'd that 

Court if above tenn pounds 
If under tenn j>ound8 
For return of a («rtiorarv. 
For every acknowledgm* or proof of a Deed, Ijease or other 

Conveyance and for endorsing the acknowledgm* & proof 

thereof 
For signing a Testimonial of a woman's examination and 

renouncing her right of Dower 
For acknowledging and proving a letter of Attorney & for 

all Fees incident thereto 
For docketing every Appeal from the Precinct Court. 
For a Dedimus to examine witnesses 
For every recognizance taken in open Court for the Chief 

Justice & Clerk of the General Court. 
For taxing Bill of Cost. 

secretary's fees. 

For making out and recording a Patent for 640 acres and 

under " 9. 2. 

For making out & recording a Patent above 640 ac: " 15. 



£. 


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6. 



COLONIAL RECORDS. 163 



£. s. d. 
For making out a warrant to the Surveyor General for run- 

ing out of Land " 5. 

For recording the Surveyors return "1. 

For recording the assignment of a warrant " 1. 

For a Copy of a single Patent " 2 6. 

For a Copy of a Bubble Patent " 3. 

For Probate of a Will recording the same " 5. 

For Commission of Administration " 6. 

For return of every Invetory & recording "26 

For every search " 1. 

For Commission of the Peace and Dedimus to be paid by the 

Publick " 6. 

For a Writ for election of Burgesses " 2. 

For filing and recording every Inquisition of Escheat to be 

paid out of the fine " 1. 

For recording every Coroners inquest to be paid out of the 

deceased Estate or out of the Publick Treasury. 
For a Copy of a Will if required 
For writeing a Testimonial 
For a Copy of a Law 

For a Supersedeas to be paid by the Person granting 
For drawing a Bill of Indictment to be paid to the Clerk of 

the Crown "2 6. 

For Copy of an Information to be paid to the Clerk of the 

Crown "26 

For filing an Injunction " 1. 

For Arreignment of Criminals to be paid to the Clerk of the 

Arreignment " 1. 

For I^etters of Demigation " 10. 

For a Copy of a Bill of Indictment to be paid to the Clerk 

of the Crown "26 

SURVEYOR GENERALS PEES 

For surveying one thousand acres & under 113 4 

For every hundred above one thousand " 2. 

PROVOST MARSHALI^ FEES 

For an arrest and return thereof "24 

For serving subpena or summons and return thereof " 2 

For serving an Attachment, the same as for an Arrest and if 
further trouble to be taxed by the Court. 



u 



2. 




2 


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164 



COLONIAL RECORDS. 



For serving execution for 6£ 

For every pound above 5. 

For summoning every Appraiser and Auditor or evidence to 
any Deed, Will or other matter 

For summoning and impanelling a Jury in every Cause 

For serving a Declaration 

For putting into the stocks 

For Pillorying any person 

For executing acondemn'd person 

For Whiping 

For Committment of a Criminal 

For discharge of the same 

For a Bail Bond 

For summoning a Jury of Escheat, Survey, Writ of Dower 
Partition, Writ of Enquiry for Damages in the Country 
or Jury for view 

For every day attendance on such Jury. 

For return of such Jury's verdict if taken abroad 

For every Procilamation for Outlawry 

For executing every writ of Possession and Hal)eus Corpus 
on Prohibition 

For all Public services viz* for summoning His Maj- ^ 
esty's Council, Publication of Writs for Burgesses, 
Impanelling Grand Jurys, Publishing all Proclama- 
tions and causing them to be published in every Pre- 
cinct for serving all publick orders of Court and other 
publick services to be paid annually by the Publick 
Treasury. 

For serving every Subpeana to answer in Chancery. 

For serving a Copy of a Bill in Chancery 

For maintaining Debtors 1^ day 

For maintaining every Criminal or Runaway N^roes and 
servants. 

CLERK OF THE CHANCERY's FEES. 

For drawing a Bill in Chancery if drawn by the Clerk. 

For filing the same 

For a Copy of the same 

For a Subpena for the Deffendant 

For drawing an Answer if drawn by the Clerk 

For filing the same 



£. 


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on a 

claim to 

be allow'd. 


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COLONIAL RECORDS. 



165 



For a Copy of the same 
For every subpena for evidence 
For Injunction or supersedeas in Chancery. 
For Copy of the Proceedings 
For entring up the Decree 
For Calling and Dismission 
, For drawing an affidavit 
For entring & recording interogatories 
For a Copy of the same 
For drawing, filing & recording Replication 
For Rejoinder Surrejoynder & Record 

CLERKS FEES IN THE GENERAL AND PRECINCT COURTS 

For Every Action 

For Every Writ and Returne 

For drawing every Declaration filing and Copy 

For Demurer or Plea & filing the same 

For every Didaraus Deposition & filing 

For subpaena for evidence and filing the same 

For Venire Facias and Recording 

For recording the Pannel of the Jury and entring the 

Jury's Verdict 
For filing every Bill and Account 
For administring an Oath 
For calling every action 
For every original Order of Court 
For every Copy 

For every Petition if drawn by the Clerk 
For entring up every Judgment. 
For searching the Records. 
For every Summons. 
For every Attachment and Return 
For every Bond and recording 
For proving & recording every power of Attorney 
For Copy if required 
For proving and acknowledging every Deed including the 

Chief Justices Fees 
For Copy of an Act of Assembly 
For Scire Facias and Returne 
For every execution and Returne 



£. 8. 


d. 


" 2 


6. 


" 1 




" 2 


6. 


" 2 


6. 


" 3 




" 1. 




" 1. 




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166 COLONIAL RECORDS. 



£. 


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6. 




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For entriiig satisfaction on the record and every Retraxit 

For every Discontinuance and Dismission of suit. 

For every Continuance 

For a Referrence or Imparlancy 

For every Certificate for proving of Right 

For Writ of Possession, Writ of Enquiry or Writ of seizin 

for Dower " 3. 

For proving a Will and Certificate thereof to the Secretary's 

Office "26 

For Order of Administration & Certificate thereof to the 

Secretary's Office " 2 6. 

For Administration Bonds. 
For entring every appeal and returning the Proceedings to 

the General Court. 
For filing every warrant of Attorney 
For ordinary Keepers rates 
For recording every Mark or Brand 

escheator's fees 
For Inquisition and Returne 2. " 

ATTORNEY OENERAL'S FEES. 



u 


2 


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For every Indictment, Information Bill found in the Gen- 
eral Court. 2. 10. 
For the same in the Precinct Court. " 5. 

attorney's FEES 

For every Cause in the Greneral Court 
For The Precinct Court 

PUBLICK register's FEES 



For r^string Birth, Burial or Manage 
For registring Conveyance 
For Copy thereof 



constable's FEES 



For serving a warrant and Returne 

For Every summons 

For every execution 

For an Attachment if served by the Constable 



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COLONIAL RECORDS. 167 



ADMIRALTY FEES. 

In Case of seizure and Condemnation of Vessells for unlaw- 
full trade or as prize 10£ to be divided among the officers 
as follows, vizt. 

-^ To the Judge 
^ to the Roister 
\ to the Advocate 
^ to the Marshall 
In case of open Vessells seamens Wages not exceeding 20£ 

to the Judge the first day. 
For every other day 

register's fees in the like case 

For drawing the Lybel to be p* to the Advocate 

For registring the same 

For answer & register 

For affidavit, Deposition and Oath the same as in the Court 

of Chancery. 
For a Decree 
For a Copy 
For Dismissing 
For Continuance 
For Citation 
For summons for each evidence 

Marshall's fees in the like case 

Serving a Citation, seizing and return 
Serving a Decree & return under 5. pounds. 
For every pound above 5. 

And whereas there is not in this Province Gold and Silver Coin suf- 
ficient to answer one twentyeth part of the Quit Rents and Fees as men- 
tioned in this Act Wherefore that a just equivalent may be settled Be it 
Enacted by the authority aforesaid that the Quit rents that shall hereaf- 
ter become due shall be payable either in Proclamation money as afore- 
said or in tobacco at 11. shillings ^ hundred weight or rice at 12' 6* "^ 
hundred weight at the choice of the party owing the same and all Fees 
which shall hereafter become due and payable by virtue of this Act, the 
same shall be payable either in Proclamation Money or in such Com- 
moditys according to the Rates mentioned in this Act. vizt. 



£. 


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168 COLONIAL RECORDS. 



Tobacco "^ hundred 

Indian Corn "^ bushell 

Wheat f bushell 

Tallow Try'd '^ pound 

Leather tann'd & uncur'd "^ jwund 

Beaver & Otter skins "^ pound 

Buck and Doe skias ^ pound 

Feathers "^ pound 

Tarr '^ barrell full gage 

Pitch f barrell 

Whale Oyl f barrell 

Pork ^ barrell 

Beef i barrell 

Rice ^ hundred weight 

Turpentine "^ barrell 

And for want thereof in Paper currency at 150. ip. cent as the partys 
obliged to pay the same shall think fitt. Provided that no Officer here- 
after shall oblige payment of the said Com modi tys to he made but at con- 
venient landings within the Precinct where they reside, and at such timen 
as are by the laws appointed. ^ 

And that such persons who have not or cannot procure silver or gold 
to pay the quit rents due to His Majesty may have convenient time to 
make tobacco for such payments the season for making the same for this 
present year being too fer gone. 

Be it Enacted by the authority aforesaid that no Quit Rents shall be 

demanded of any Person untill after the 10*"* day of October which shall 

be in the year of our Lord 1732. 

This is a true copy. 

WILLIAMS Clk. G. Assembly. 



£. 


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[B. P. R. O. North Carolina. B. T. Vol, 8. p. 39.1 



These Papers that appear as an appendix to the Journals or proceed- 
ings of the Council were occasioned to be placed in this manner because 
they were never read in Council, therefore could not be r^:ularly entred 
being contrary to an Instniction. M' Ashe did not come to the Council 



COLONIAL RECORDS. 169 



that day tho' duly summoned, nor M' Smith the Chief Justice, nor M' 
Porter Judge of Admiralty, Mr. Ashe entred the Council room in the 
evening when I was considering the Chancery Bills in the Office with 
these two Papers that I have answered and gave them to me, I read them 
over and told him that the next morning I hoped the Members of Council 
would meet and very civily desired his Company he ^l^lutely refused 
to come and desired his Papers might be entered in the Council Joumul 
I told him that could not be done without the Council met, I then told 
him he should have an answer to his Papers in an hour, he very rudely 
told me he would go out of town directly since which time I have never 
seen nor heard anything from M' Ashe neither did he take any other leave 
of me than is above related. 

To His Excellency the Governor &c. 

May it Please Your Excellency 

Having read your Excellency's reply relating to the affairs of the 
Assistants, occasioned by a Message from the Assembly we beg leave to 
observe to you that you not only not opposed but concurred in the answer 
to the Message of the Assembly. However if your Excellency (having 
sufficient reasons) has altered your opinion we are so far from reflecting 
on you therefore that we readyly joyn with you in thinking it better to 
retract than obstinately to persist in error and we should with alacrity 
we assure you (were we once (convinced) follow your example. 

As to your Excellency's remark on our running into niceties and dis- 
tinctions we say we think we made none but what were necessary. As 
to the Question we asked relating t^ the Authority given to the Chief 
Justice by the King's warrant we still say that if the Chief Justice 
power IS not a sufficient Power without that of Assistants to hold a 
Court, we cannot see how that Power (»n (as in His Majestie's said 
Warrant) be called a full Power and Authority to hold such Court: as 
to what your Excellency is pleased to say that we wisely observe; we 
believe you mistake us what we observed was that all the inference which 
could be made from His Majestie's 8*** Instruction was, that Assistants 
were or might be, not saying what Assistants that perhaps they might 
not be intended Assistants to the Chief Justice, but supposing they were, 
we argued that no inference could be made from thence of their power 
so as to define it neither can we think our doubt, whether by Assistants, 
there is meant Assistants to the Chief Justice is so extraordinary as you 
represent it. And indeed we do not perfectly understand your Excel- 
lency when you say the Instructions couple Judges, Assistants Justices 
22 



170 COLONIAL RECORDS. 



&c the word Assistants stand severed from the rest by commas as do 
the titles of the other Officers one from the other and by it are intended 
distinct Officers for had it been only as an epithet or adjective to be affixed 
either to Judge or Justices then in the Instruction would have been used 
the word Assistant, not Assistants, and it would not by the Comma have 
been severed from its proper substantive. We cannot see how the 45. 
Instruction affects your Excellency in the present case for allowing 
(which we do not) that the investing the Chief Justice with this Power 
was erecting a new Court or dissolving one already established yet the 
investing him with such Power is not an Act of your Excellency's but 
of His Majesty, for it is from the King's Warrant he derives it and by 
virtue thereof claims it. 

That there have been Assistants in the General Court we deny not but 
we cannot grant that Assistants have a Judicial Power equal to associate 
Judges, the very word seems to imply the contrary. We cannot here 
help thinking that your Excellency mistakes our words when telling us 
. that we seem to recede from what we had said, we allow that there should 
be assistants to informc and advise the Chief Justice as Master in Chan- 
cery, whereas we said no such thing speaking indeed of the sence in which 
the word Assistant was generally taken when apply 'd to an Officer of a 
Court we said it was to inform and advise, without having any judicial 
Power of which we gave an Instance Vizt. of the Masters of Chancery 
who were wont to be stvled Assistants to the Chancelor, but we never 
said or meant that Assistants were to advise the Chief Justice as Masters 
in Chancerv. 

We might ask your Excellency several Questions which ac^conling to 
your Secret of the Assistants Power would be attended (as we think) with 
difficulties as allowing an Assistant a Judicial Power how great it was? 
how to be distinguished from that of the Chief Justice so as not to equall 
it? if two Assistants were of the same opinion whither their united judg- 
ments would not be superior to, and over rule that of the Chief Justice? 
but as we liave given our thoughts we are unwilling to proceed any fur- 
ther or raise new matter We shall only add as seeming to support our 
opinion the practice formerly in South Carolina where (we are well 
informed) the Chief Justice was wont to have the sole Judicial power in 
the supream Court: how it is now we cannot say: but if this is not 
thought a sufficient authority we b^ leave to referr your Excellency to 
the thirty fourth & fifth of Henry VIII Cap. xxvi. by which statute it 
was provided that one Person should not only be Judge of one Court but 
I of several bv Turns and those too in the Common Law so tliat we cannot 



COLONIAL RECORDS. 171 



couceive that such Establishment is contrary to the nature of such Court 
nor to the Constitution of the Laws of England, but since your Excel- 
lency by your Reply seems fully resolved we shall desist without adding 

anything further on this subject 

JN. BAF* ASHE 

CORN- HARNETT. 



To His Excellency the Governor &c. 

May it please your ExcELLENcri' 

I declare that for my part I could have wished (had not your Excel- 
lency insisted on the contrary) to have avoided this method of debating 
matter of Council in writing because it generally tends rather to prolong 
debates than to shorten or bring them to a final Issue. 

I believe if your Excellency will be pleased to recollect you may 
rememl)er you not only gave your opinion in the affair relating to the 
evidence of the late Council against Sir Richard Everard but also your 
Resolution as to my evasive answers your Excellency only accuses me 
only in general Terms without pointing out any particulars so that I 
shall decline saying anything faither thereon, only than that if I used 
too many words it was to shew the reasons induceing me, or to state the 
matter in a clear light. I shall pass over the reflection your Excellency 
is pleased to make of my want of Candour and Plainness; Indeed I 
should now (without at all rejoyning) have acquiesced had not your 
Excellency in this your reply as to the Bill of Rents &c. given the affair 
such a turn, as might perhaps tend to my disadvantage. As your Excel- 
lency has recommended to me plainness I hope you will not be displeased 
with me if I now make use of it, when I say the reason or cause of my 
Papers coming out of time was that your Excellency after having given 
the Council a day to consider of & answer your Quaery relating to the 
Bill concerning Rents and Fees on that very day in the morning with- 
out informing the Council of your design to prorogue the Assembly 
(unless at the instant you sent for them) you sent for the Lower House 
to Prorogue them on which desiring only a few minutes time to tran- 
si^ribe my answer from the rough miimtes, I offered to put it in, but that 
you should not stay the Prorogation : what indeed made me so solicitous 
to put in that answer, was the great desire I had of promoting His 
Majesty's service and the Country^s interest, and the reason why I pre- 
ferred it aft^erwards was (as your Qucery was entered on the Journal of 
tiie Council) to shew that I had not been backward or negligent in giving 
my answer (which I looked on as my Duty) in due time, or at least at 



172 COLONIAL RECX)RDS. 



the given time: These my reasons for acting in this affair as I have 
done being (I think) very just, I am surprized that you are pleased to 
accuse me of being very particular, and of not the fairest dealing herein : 
As my proposalls (tho' made some of them by word of mouth before 
the last reading of the Bill) will be now of no use, the matter being over, 
I shall forbear (tho' I could) to expatiate in their vindication : Let them 
who read them judge of their reasonableness. 

If in this or any other of my Pai)ers any indecent or misbecoming 
expression may have escaped my pen, I must b^ you'l not impute it to 
design : for I assure you I shall always strive to behave myself to your 
Excellency with great respect & good manners. 

JOHN BAP*» ASHE. 



To M' Ashe & M' Harnett Members of Council 

Gentlemen, 

I have your Paper of yesterday, I never intended this tedious debate 
when I put three short Quserys fairly stated in writing that I might obtain 
as ])lain an answer to them, but you ran into a long dispute upon it, which 
I complained of to you and now to mend the matter you have run it into 
further niceties that only perplex it the more ; as to the Assistant Judges 
you say the 8*** Instruction does inferr there should be Assistants, but then 
you seem at a strange loss what they should l)e, and go on to observe what 
perhaps it might not intend, and you add that their Power is not defined 
and from thence you are making out your argument that they have no 
Power, for that is what you are contending for and at last you are drove 
to the refiige of a comma in the writing and an adjective that might have 
been, and raise such distinctions upon it as the Comon sence of the mat- 
ter seems quite lost, for my part I think it sufficient to take the plain 
sence of things If the Instructions do do not define the Power of As- 
sistants it no ways restrains them, and then it must be taken according to 
their usual Power and as the Chief Justice is usually called (by way of 
Eminence) the Judge so the other Justices of the (Jeneral Court are 
usually called Assistants or Assistant Judges, and there are no other per- 
sons in the Government but they who are so called so that I cannot imagine 
why all this cloud of Difficulties is raised to find out who, or what is 
meant by Assistants, or to what purpose it is unless purely to perplex the 
matter to argue what the word might or could mean, and their Power 
might be easily known from the constant usage here, if the enquiry was 
fairly made iastead of running divisions and nuiltiplying arguments u]K>n 
it. And as the Greneral Court here hath constantly consisted of the Chief 




COLONIAL KECORDS. 173 



Jiiijtice and Assistants, I am persuaded the allowing the Chief Justice to 
be sole Judge of the Court now would be establishing a new sort of a 
Greneral Court and destroying the old form and so is directly against my 
45'** Instruction and it's but a weak sliifting it off to say it would not be 
my breaking the Instruction since it's owing to the King^s own Warrant 
tliat grants the Chief Justice full Power &c. but as that mentions nothing 
of the Assistants, and my instructions from the King do not define their 
Power as you say I think my allowing that they have no judicial Power 
as you hold would be to make it a new sort of a Court, and plainly 
against the 45*^ Instruction as well as against the Nature of a settled 
supream Court of Common Pleas. And I am really at a loss to what 
purpose you referr me to the 34 or 35*** of Henry the 8*** that appoints an 
Itinerant Judge for the Sessions in several Counties in Wales unless you 
could produce some Act for a single Judge of the General Court here, or 
usage, or custom for it. Indeed you give me one example from South 
Carolina but you would have done well to have remembred that the com- 
plaint against that Judge unr^arded by the Proprietors was one of the 
principal reasons the People gave to justify tlieir taking up armes and 
throwing off the Lords Government. As to the King's Warrant which 
not withstanding what has been said you still insist on, that grants the 
Chief Justice full pawer of holding the Courts and you say if the Chief 
Justice's })ower is not sufficient without the Assistants how can it be called 
a full Power? 

I think when you were in tliis way of disputing you might have gone 
a step further and said since the Chief Justice has full Power to hear 
and determine all causes and no mention is made of Juries, therefore he 
may hear and determine them without Juries for to use your own aigu- 
ment, if his Power to hear and determine causes is not sufficient without 
a Jury, how can it be called a full Power to hear and determine causes? 

And here I shall leave it having I think said sufficient to convince 
you that your Paper is very triffling and only a Quibble upon words. 

GEO: BURRINGTON 

N. Carolina 

The 22^ May 1731. 



M' AsiiE, 

I have your single Paper of the 21** of May in which you say in the 
affair of Sir Richard Everanl I not only gave my opinion but my reso- 
lution I rcMnember I told you that upon His Majesty's Instruction 



174 CX)LONIAL RECORDS. 



requiriug me to examine intx) the Complaint against him, I should ac't in 
it as my own Conscience and Judgment diixxled, but at the same time 
desired the opinion of tlie Council which had it been candidly given 
would have had great weight with me. 

As to what you hslv al)out you giving me your j)ai>er concerning the 
Bill for Fees and Quit Rents after the Assembly was prorogued, I am 
at a lass to know what you mean by a given time, and it's lx?ing ready 
against the day appointed for receiving it, but that on that very day in 
the morning 1 prorogcd the Assembly insinuating that I prorogued the 
Assembly on a sudden and by surprise which is a very false? suggestion 
because M' Ashe knows very well the contrary, nor do I remember I 
fixt any day or time for the Council to give me their advice about the 
Quit Rents when I demanded in writing their opinion upon it, but I 
expecteil at least on the Conlerence with the Lower House a day or two 
after upon that Subject that the Council wouKl have assisted me with 
their advice being obliged by their oath so to do, I several times put it 
to the Board at the conference, if they had anything to offer upon it, 
but the whole debate was left to me. Some in the Council indeed declared 
they woidd not concurr with the Bill in allowing the Fees should be 
paid in Bill money at 150. '^ cent, which the Ijower House after the 
Conference was over came to a final resolution to advance no further 
upon, and when I found that was their ulltimate and observing the secret 
Practiseing and Designs set on f(x>t by yoursi»lf and others, I found it 
necessary to put an end to the Session, which M' Ashe knew was expected 
on the Saturday before, but I continueil them till noonday, and in 
all that time M' Ashe who was several times with me in private and 
Publick esjxxiially the morning l)efore the Prorogation, might if he had 
been so pleased, have a(X|uainted me with this Paper he had or was 
about, but that was not the only Instance of shyness and reservedness M' 
Ashe used on this and other Occasions. However since you say your 
Proposals in the Paper were for His Majestie's scTvice and the good of 
the Country, which if really so c^n never be out of time with me. 

I shall only desire M' Ashe to consider whither it be for His Majesties 
Service that the Quit Rents should be receivwl in Rice and Tobacco at 
11. shillings "^ hundreil that we all knovy is farr alnn'e their real worth 
in Proclamation money which His Majesty has graciously condescended 
they should Ikj n^ceiveil in the place of sterling which is due to him, 
thereby giving away to the Peo])le one fourth of His Rents, and whither 
it 1)0 for the Good of the Countrj^ to run int4) Parties, l)eget misunder- 
standings and secretly to disaflect PcH>ple to the Government and so keep 



COLONIAL RECORDS. 175 



things in suspense and confasion instead of concurring openly and hear- 
tily with me, who have always been your sincere friend, in settling things 
in the best manner for the Country and most agreable to His Majestie's 
Instructions, which I shall still go on to pursue tho' I have not the Pleas- 
ure of that Assistance I thought I had reason to expect from you, espe- 
cially, tho' I find myself deceived. For the designs against me are not 
unseen & I perceive I am to have all the diiBculties that can be thrown 
in my way, but as I have acted steadily for His Majestie's service and 
the Good of the Country which are my constant Aims, I am sure those 
who with such Artifices oppose me whatever popular or specious pretences 
they may make will in the end be found far from being good Subjects to 
the King, or True Friends to this their Country which I can truly say 
no one man in it has done more for or wishes it better than 

GEO: BURRINGTON 

N. Carolina. 

The 22* of May 1731. 

The within is true Copies from the Originalls lodged in the Secretary's 

Office & examined by 

ROBT. FORSTER Deputy Secretary. 



[B. B. R. O. North Carolina. B. T. Vol. 8. p. 189.] 



These following are the Acts that were past in November 1729 after 
the King had purchased the Government of the I^ords Proprietors, about 
the Validity of which Laws there has been 8U(»h debates viz* Whither 
they had then any Power of making Laws in the Name of the Palatine 
& Lords Propriet<jrs of Carolina where there was none such they having 
before surrendered. And whither such Acts as affected the Publick 
Rights an<l Dues of the Proprietors could be of any force without being 
approved at home, the Government here having been restrained in such 
Cases by the Powers granted them for making Laws by the Late Lords 
Proprietors but this hath been fully set forth in the Journalls & my 
Report. 

An Act for the making and emitting the Summ of forty thousand 
pounds Publick Bills of Credit of North Carolina. 

Ah Act for the more quiet settling the Bounds of the Mehorin In- 
dians Lands. 



176 CX)IX)NIAL RFXX)RDS. 



An Act to make Hyde Precinct separate from Beaufort Precinct with 
power of erecting a Court house and holding Courts. 

An Act to appoint that part of Albemarle County lyeing on the south 
side of Albemarle Sound & Mooratuck River as high as the Rain bow 
banks to be a Precinct by the name of Tyrrell precinct. 

An Additional Act of explanation to an Act for appointing Tole Books 
and for preventing People from driving Horses, Cattle or Hoggs to 
other Persons Lands. 

An Act for the more eflFectual and speedy putting in cxetjution the A(t 
for settling the Title and Bounds of Peoples Lands. 

An Act to confirm Bath Town Common. 

An Act to repeal the Act entitulwl an Act for encouragement of Tan- 
ning Leather in this Province. 

An Additional Act to the Act for the Tryall of small and mean Caitses. 

An Act for r^ulating Vestrys in this Government and for the better 
inspecting the Vestrymen and Church Wardens Accounts of each and 
every Parish within this Government. 

An Act to reflate the Act for api)ointing indiflFerent Jurymen, and to 
repeal that Part thereof that referrs to Precinct Courts. 

THE SIX CONFIRMED LAW^S. 

These Laws following called the Confirmed Laws had been out of use 
and lost for alx)ve 20 years when upon a revival of the whole b<xly of 
Ijaws in 1715 an old copy was produced and transcribed into the Law 
B<K>k the original of them are entirely last and they are become quite 
obsolete. 

An Act (concerning Marriages. 
An Act transferring of Rights 

An Act concerning the defraying the charge of the (iovernor & Councill 
An Act prohibiting Strangers trading with the Indians 
An Act for tlie speeily settlement of I^ands 

An Act concerning Escheat I>ands and Escheators 

This is a verv old I>aw and not altered at the revisal in 1715. I 
am told that there are laws of this kind in most of His Maj*^'* Colonies 
But whither two pence ^ acre will be thought for the future a Comp- 
sition sufficient is submitted. The Law otlienvise being very fittfor the 
Purpose. 



COLONIAL RECORDS. 177 



An act for the more effectual preserving the Queen's Peace and estab- 
lishing a good and lasting foundation of Government in North Caro- 
lina. 

This was a Law after there had been Comotions in the Country and 
People in Arnies which was called Cary's Rel)ellion and after the Gov- 
ernment was settled this Act was made for securing the same and by the 
manner of wonling of it referring to the then present Government estab- 
lished, hath been held by some to be a I^aw made for that time only but 
by being confirmed in 1715, And having been put in practice several 
times since It should seem to be the better received Opinion that it is 
sitll in force and in so turbulent a Place is a I^aw not ill suited for the 
purpose, and that part of it declaratory of the Laws of England being 
in force here seems well Provided. 

An Act to r^ulate divers abuses in the taking up of Lands and to ascer- 
tain the method to be observed from henceforward in taking up & sur- 
veying of Lands. 

This Ijaw was generally called the Lapse Act, and indeed that part of 
the Law w°** directs how I^ands to be lapsed for want of the Lords Pro- 
prietors purchase l)eing paid is the only material part of it But is sin(« 
His Majesty's Purchase entirely out of use. The other Part of this 
Law which directs the manner of takeing up and surveying Lands was 
the Antieut custom & manner of doing it, & was found so gixxl a method 
that about the year 1713. it was established by this Law. 

An Act for raising the summ of twenty four thousand Pouuds in Pub- 
lick Bills of Credit for paying the remaining Debt« of the Government 
and for sinking the remaining part of the sum of Twelve thousand 
Pounds publick Bills of Credit with two years Interest. 

Be it enacted &c. 

And it is hereby enacted by the authority of the same that Collo: 
Cristopher Gale, Collo. Edward Moseley, Tobias Knight and Daniel 
Richardson Esq" are hereby appointed and impowered to make out Pub- 
lick Bills of Credit to the value of twenty four thousand Pounds in 
manner following That is to say three hundred of twenty pounds, three 
hundred of fifteen pounds, four hundred and eighty of ten pounds, four 
hundred and fifty of five pounds, three hundred of three pouuds, three 
thousand of twenty shillings, three thousand three hundred of ten shil- 
lings, one hundred and fifty of eight shillings, three thousand of five shil- 
lings and seven hundred and twenty of two shillings and sixpence which 
said publick Publick Bills shall be made without Interest on them or 

23 



178 COLONIAL RECORDS. 



time of payment mentioned therein for which they shall be allowed, and 
paid out of the Publick Treasure the sum of two hundred pounds which 
Bills when made shall be signed by Christopher Gale, Edward Mosely, 
Tobias Knight and Daniel Richardson who are hereby commissionated 
thereto, and sealed with the Collony seal and then delivered into the 
hands of Edward Mosely on or before the 25*** day of March next in 
order that the said Edward Moseley may pay unto the Treasurer of each 
Precinct the balance due to the Persons who have had claims allowed on 
the same Precinct which he is hereby required and impowered to do. 

And be it further Enacts by the authority aforesaid that all such 
publick Bills of Credit as are now outstanding shall not receive or have 
from the Publick or any other Person or Persons whatsoever any further 
Interest than two years which will be compleat and ended the 25*** of 
March next within six months after which time all Persons whatsoever 
are required and commanded to exchange the same with the said Edward 
Mosely for such Bills as are to be made by virtue of this Act The said 
Edward Moseley or his Deputy being hereby empowered & required to 
exchange the same and to allow two years Interest thereon. 

And be it further Enacted by the authority aforesaid that all such 
Persons who shall refuse or neglect to bring their Bills to be exchanged 
before the 25"* of August next shall not have nor receive any Interest 
on the said Bills, and such as shall refuse or n^Iect to change the same 
Bills l)efore the 25"* of March 1716. the same shall adjudged, held & 
taken to be of no value. 

And be it further Enacted by the authority aforesaid that as often as 
the said Edward Moseley or his Deputy shall have exchanged so many 
of the said Bills of Credit as shall amount unto the sum of three hun- 
dred pounds, the said Christopher Gale, Tobias Knight and Daniel 
Richardson or any two of them are hereby required to examine the same 
and having compared the same with the Counter part & taken an account 
of them and entered them in a fair List to pass a receipt for the same 
and publickly to burn them, for all which charge and trouble the said 
Edward Moseley shall be allowed one ^ cent for changing the said 
Bills. 

And be it further Enacted by the authority aforesaid that the said 
Bills shall be reckoned and taken to be a good payment and Tender in 
Law for any of the rated Commodities of the Country or other Money 
allowing 50. ^ cent l)etween the same and sterling, he or they so refusing 
shall forfeit double the value of such Bills so refused, one half toward 
defraying the contingent Charges of the Government and the other to 



COLONIAL RECORDS. 179 



him or them who shall sue for the same to be recovered by action of Debt 
Bill Plaint or Informaoon in any Coui:t of Record in this Government 
wherein no Essoin Protection Wager of Law or Injunction shall be 
allowed or received. 

And be it further Enacted by the Authority aforesaid that if any Per- 
son or Persons shall counterfeit any of the said Bills or knowing any of 
the said Bills to be false or counterfeit or any other aiding & assisting 
him as well as the Utterer or Disposer of the Bill or Bills being thereof 
duly convicted shall be punished as guilty of Felony without the benefit 
of Clergie. 

And be it further Enacted by the authority aforesaid that in case any 
member of either house of Assembly shall hereafter make any mooon 
which shall be judged by the House to which he belongs to be deroga- 
tory and prejudicial to the publick Credit of the said Bills, such Mem- 
ber of the Upper House shall be represented to the Proprietors as an 
enemy to their Lordships Interest & Country and unworthy of their 
Service and be suspended the Councill till their Ld^* pleasure be known 
and fined the sum of twenty pounds for such his mooon and if a Mem- 
ber of the Lower House he shall be expelled the house and fined the like 
summ of twenty pounds and be forever after uncapable as serving as a 
Member of the House the fines to be appropriated for the payment of 
the Publick Charge. 

And be it further Enacted by the authority aforesaid that for the faith- 
full discharging of the Office of Treasurer the Treasurer of each Precinct 
shall on or before the first day of February next give bond with good 
and sufficient security in the sum of two thousand pounds, the said 
Edward Moseley in the sum of twenty four thousand pounds to the 
hon"* Charles Eden Esq" Governor his Heirs & Successors with the 
condition for the faithfull performance of their severall Offices under the 
penalty of one hundred pounds, for every month he or they shall con- 
tinue to officiate without giving such Bond with Security to be levyed by 
a Warrant from the Governor on the Goods and Chattels of such Person 
or Persons neglecting to give such bond & security, to be appropriated 
for and towards the defraying the Contingent Chaises of the Govern- 
ment. 

And l)e it further Enacted by the authority aforesaid That the Treas- 
urer of each Precinct shall depute such Person to be Deputy Treasurer 
in there Precinct as shall be nominated by the Justices of that Court so 
as that the Number do not exceed Two. 



180 ' CX)LONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 15. p. 231.] 



TITLES OF (THE 07) ACTS PASSED AT LITTLE RIVER 
171f WITH GOV BURRINGTON'S REMARKS. 

1. An Act for the better observing of the Lords Day called Sunday the 

aO*** of January the 29^ of May and the 22** of Septemlxjr. And 
al^o for the suppressing profaneness Immorality and divers other 
vitious & enormous sins. 
This Law is very well intended for the suppressing Vice and Immo- 
rality but it is like most laws of this kind too little regarded. 

2. An Act for establishing the Church and appointing Select Vestrys. 
This Act not only confirms the Church of England here but divides 

the Country into Parishes according to the Scituation & Conveniency. 
Appoints Church Wardens and a Vestry in each Parish and investeth 
them with Power, but as they allow them to raise a levy of but 5*** '^ 
Poll on the Parish sine* Bills are come into Payment it amounts to so 
little as will sciin-e do more (after maintaining the Poor if any) than to 
pay a Reader for reading the Common Prayer and a PrintiKl Sermon on 
Sundays to the People but as to Gleebs & Collection of Parsons there is 
so little of it that there is not a settled Parson in the Country. His 
Majesty's Instruction on this head I laid before the Assembly but noth- 
ing was done upon it. 

3. An Act for Liberty of Conscience And that the solemn AiBrmation 

of the People called (Quakers shall be acjcepted instead of an Oath 

in the usual forme. 
This was an old Law and little altered on the Revisal — And as to the 
Affirmation of the Quakers they refuse taking it sincxi the Act of Parlia- 
ment in Great Britain that gives them further lil)erty they have usually 
taken the l)enefit iif that Act here and in all the Plantations 

4. An Act relating to the Biennial! and other Assemblys and regulating 

Elec^tions and Members. 

This was an old Law taken from one of the Lords Proprietors Orig- 
inal Constitutions and hath undergone little alteration. 

This Act provides that the Burgesses chosen shall meet and sit at a 
certain day after the choice Whence they have sometimes l)een of Opin- 
ion that they could not l)e Prorogued or Disolved or Adjourned before 
they had mett and sate. But there being a Clause in the Act that the 
Lords Proprietors Power of calling Proroguing and Disolving Assem- 



COLONIAL RECORDS. 181 



blys shall no ways by this Act be Invade<l Limited or Restrained it 
seems plainly to leave the Power of Prorogiieing and Desolving as before. 

By this Act all Freemen are quallifyed to vote as well as Freeholders 
which is Contrary to ray Instiaictions from his Majesty on that Head 

Tlie People also by this Law assemble and chuse Burgesses on the 
Day by the Act appointed without any writ for it which occasions a 
great deal of Mobbing and tumults; and returns so often that u[>on the 
whole I think it would be more for His Majesty's Service if this Act 
was repealed & Assemblys called only by writs as in all other His 
Maj'^*' Colonys. 
6. Coroners Appointed 

Til is is an antient Law and seems taken from one of the Lords Proprie- 
tors Constitutions. 

6. An Act for the qualification of such Officers. 

This Act seeuLs well provided to pi*event any Persons disaffecteil to 
His Majesty from being put into Offices here and is made agreable to 
the Laws of Great Britain. 

7. An Act to appoint Constables. 

This has been an antient Law and the method found satisfactory & 
agreable to the Purpose. 

8. An Act relating to the Justices of the Court of Common Pleas and 

to prevent tlie Commissioners and other inferior Officers of the said 

Court pleading as Attorneys. 
This has been an old Law and prohibits not only the Justices or Com- 
missioners as they are called from Pleading or expounding the Causes, 
but also all Officers of the Court, to prevent the occasion of mall prac- 
tise. 

9. An Act for asc^rting the time and method for the executing and 

return of Originall VVritts and for the better regulating divers privi- 

ledges in the Court of Pleas. 
This Act in general seems well adapted to shorten the practice of the 
Law, by preventing the necessity of several mean Processes that may 
delay justice, but is not so clearly worded as it might have been, and is 
in some Causes supply M by Constructions and Practise accordingly and 
some other additional Acts have been made especially as to original 
Attachments, which in this Country where there are so many loose tran- 
sient People is found very necessary. This Act seems to require specjial 
Bayl in all Cases which the Laws of England in many Cases does not. 



182 COLONIAL RECORDS. 



10. An Act to direct the method to be observed in the examination and 

Committment of Criminalls. 
This Act is intended in favour of the liberty of the Subject in crimi- 
nal! Processes & seems well approved of by the People. 

11. An Act concerning Evidences 

This is an antient Ijaw and the Country well enough satisfyed with 
the method — But there seems wanting a sufficient Provision for takeing 
Depositions of People leaving the Country which often happens suddenly 
to the Detriment of the Partys. 

12. An Act for the relief of such Creditors whose Debtors having land 

in this Government, depart without leaving personal Eijtate suffi- 
cient to pay the Debt. 
This Act subjecting the Lauds of fugitive Debtors to the payment of 
their Debts, seems contrary to the I^aws and useages of England, but is 
agreable to the Customs of the Plantations where real Estates are every- 
were more or less subject to different useages fmm what they are in Eng- 
land, and in this c^se one principal reason seems to be that Lands in 
England being improved to a great yearly value may by the annual 
income on an extent pay the Debt but Lands here are generally of little 
yearly rent and the Benifit of them is the accruing Improvements of the 
Occupyer which on extent in the end he must loose the Benifit off would 
be too hard. 

13. An Act concerning escajxis of Persons under Execution. 

This Law was made before Goals was built in this Country but now 
that Part relateing to the Marshalls House since Goals are built is become 
obsolete. 

14. An Act to direct the disposal of Goods upon execution and for the 

better regulation of Distresses hereafter to be made for Levys and 

Quit Rents. 
This Law though the partiallity of the Appraisors often occasioned 
great frauds, they had formerly the same Law in the neighbouring Gov- 
ernment of Virginia but finding the corrupt practices upon it had brought 
the method nearer to the Laws of England, and exposed the Goods seized, 
to be under certain r^ulations exposed to sale. 

15. An Act concerning Attorneys from forraign Parts and for giving pri- 

ority to Country Debts. 
This Act obliges all Forreigners suing here to give security for the Cost 
&c. if cast and gives the Priority of Debts oontrac^l in the Country to 
be paid before foreign debts. 




COLONIAL RECORDS. 183 



16. An Act conoeruing Appeals and Writts of Error. 

This Law seenis well provided for redressing errors which are often 
much sooner and better stop'd by appealing than oould be by writ of 
Error at a distance and it would have been ilconvenient to have set aside 
the Remedy by Writ of Error because the Appeal being always made 
instantly boath Partys being present without further notice, and if that 
were slip'd there would be no fiirther remedy to the Law hath very well 
admitted remedy either way. 

And now there is liberty of appealing by the King's Instructions from 
the General Court to Me and Council, and in cases of Moment to the 
King and Council that Point seems thoroughly provided for. 

17. An Act to prevent the Inhabitants of Bath County bringing Actions 

in the General Court against one another for less than tenn Pounds. 
This is an Act for the Ease of the People living at distance from the 
General Court and I have no Complaint against it. 

18. An Act for the Tryall of small & mean Causes 

This is a Law People are generally fond of being an expedicious way 
of obtaining justice, and they have by subsequent Laws increased the 
Power of the Justices to determine for above double the sum here stated. 

19. An Act for the better r^ulating the Militia of this Government. 
This Act was made during the Warr & seems well enough to Provide 

for the Ends intended. 

20. A Form of a Patent. 

This Act was made to confirme the tenure of Lands here according to 
the Grand Deed on the same footing as in Virginia the Rent at 2^ ^ 
hundred acres and ascertains what shall be deem'd seating and planting 
according to the Condition of the Grant and tho' in strictness i mediately 
on faylure of the condition should revert; yet by this Act it is saved 
seven years after if the land be seated before it's granted to another by 
an elaps'd Patent as they are called which by the Formallitys in elapsing 
hitherto used renders it oft;en fruitless and greatly frustrates the Condi- 
tion of the Patent. 

21. An Act concerning old Titles of Lands and for the Limitation of 

Actions and for avoiding Suite in Law. 
By this Act Titles are confirmed by Passession 7 years and the time 
for bringing Actions is limited to a shorter time than by the Statutes of 
Limitation in England they were reduced to. 

22. Feme Coverts how to pass Lands. 



184 CX)LONlAL RECXJRDS. 



/ 



23. All Act fi)r Preventing Dis|)ntes concerning Jjands already Sur- 

veyed. 
The allowance of Tenn in the hundred on a RcHurvey docs not seem 
extravagant and jw J am told is the same in Virginia but that the Pat- 
entee should have the surplusage Land prevents all dis<!overys of such 
frauds But w>uld the Petitioner in such Case have the surplusage it 
would discover many Concealments that way. 

24. An Act for settling and maintaining Pillott** at Roanoke and Oacock 

Inlctts. 
This Act was well designed for the Encouragement of Trade but of 
late years has l)een wholly neglected and tho' all Vessel Is pay such a sum 
for powder money which ought to have l)een for Pilotage, the Publick 
of late have taken no C-are about it. I design to settle Pilots at OcaCock 
which is one of the best Inletts in the Country into a safe harbour, but 
shoally afterwards; but large ships may come in there and unlade and 
lade if siu^h a Regulation could Ix? made. 

25. An Act for Entering of Vessells and to prevent the Exportation of 

Debtors. 
This Act is to prevent the exporting Debtors till they give security 
for Payment of their Debts. 

2G. An Act for raising a Publick Magazine of Ammunition uixiu the 
Tonnage of all Vessells trading to this Government. 
This Act is for raysing an Impost Duty on Tonage of Vessells which 
is cH>nmionly ciilled the Powder money and tho' the Title of the Act is 
for raysing a Magazine there is nothing further mentioned al)out it in the 
Act nor is the money appropriat^nl by the Act, it is provided to be paid 
in Anmiunition, But as lil)erty is given in the Act to pay it in Bills little 
else but Bills has Ikjcu paid which the Receivers have constantly accounted 
for to the Assembly. Formerly some part of it was appropriated to 
Buoying out the Channels but that has been lat^jly wholly n(^lected and 
the money has generally been appropriated to pay the Assembly Men 
and other Publick Charges. 

27. An Act concerning Roads and Ferrys. 

This Act is well adapted to the Purpose and suitable to the circum- 
stanc(}s of the Place and People but wants to be more effectually put in 
execution. 

28. An Act to encourage the building of Mills 

• This was made to en(!ourage People to build Mills and settle the toll 
to be taken 



COLONIAL RECORDS. 185 



29. An Act to appoint Publick Roisters and to direct the method to 

be observed in conveying Lands, Goods and Chattels and for pre- 
venting fraudulent Deeds and Mortgages 
By this Act the People by votes chuse three Persons out of which the 
Governor nominates one for Roister in each Precinct, who is to register 
all Deeds and Conveyances of Land &c. and feofment of Lands so 
recorded having first been proved before the Chief Justice or Precinct 
Court are Good in Law to pass the Possession and Estate without Livery 
and Seizen. Provided such Deed be recorded in a Year after date else 
to be void This Roister is to record all Births, Burialls and Mariages. 

30. An Act concerning Weights and Measures. 

By this Act every Parish is to Provide sealed Weights and Measures 
to be kept by the Church Wardens as a Standard. 

31. Staple Comodities Rated. 

This Act seems to have been well intended at first for the Ease of the 
People to make a medium of Trade and means of Payment in the Pro- 
duce of the Country, Silver being so scarce as not to be had ; But there 
was two defects in it — One was that whatever Justness or equality was 
at first in settling the Price or Rates a few years necessary in the course 
of Trade varying the Price of Goods it must become unequal ; as for 
instance Dear skins are to this day worth in Silver the Price rated while 
Pitch and Tarr have been scarce worth a quarter part what they are rated 
at in Silver, to prevent this the rates should have been regulated every 
Assembly at least. Another inconveniency in it is the rateing so many 
goods some of them being scarcely to be had, others too trifling to be called 
staple Comoditys as the Title of the Act is and had much better been 
confined to some few of the Commoditys, such as Tobacco, Rice, Pitch 
and Tarr, Beef, Pork, Wheat and Corn, J;hose might justly be called 
Staple and are the chief Produce of the Country Always vendable and 
the greatest Merchandize. While the Rates are so unequal People gen- 
erally take advantage to pay in the worst Commodity which often occa- 
sions unfairness in Trade and Dealings; and the Fees and Publick Reve- 
nues were sure to be be constantly paid in the worst kinde, had not People 
a greater advantage still in paying in Bills that are worse than any of the 
Comoditys. Indeed I am of opinion that if His Majesty is pleased to 
allow their PuUlick Bills of Credit to subsist any rated Comoditys are 
entirely useless and only serves to perplex strangers tradeing and gives 
great opportunity for Frauds & Tricks in their Dealings. 

24 



186 CXiLONIAL RECORDS. 



32. An Act to ascertain the time for Payment of Pork, Wheat and 

Indian Corn. 

33. An Act ascertaining the Grange of Barrels and to prevent frauds in 

Pork, Beef, Pitch or Tarr. 
This Act was intended to prevent frauds & abuses in Trade and the 
Comoditys raised among us but hath in great Measure proved ineffectual 
through the shortness of time d lowed and that Traders seldom care for 
the trouble and inoonveniency if the Comodity be barely tolerable, and 
the Act itself hath been very dificult in the Construction of the dabble 
damages to the party, and the value to be forfeited or what to be done 
with the Comodity, some of which ought to be condemned and burnt 
others are of value though short perhaps in Quantity so that by one 
means or other there is little care taken in it, and great discredit & dam* 
age our Trade suffers by it which I think will not be suflBciently reme- 
dy'd till searchers are appointed to seal & mark the goods and none to 
pass without in Payment. But I doubt a due r^ulation in this or the 
last Act about Staple Comoditys would not be easily obtained to pass an 
Assembly here according to the present disposition I see in them. 

34. An Act to appoint the marking of Horses, Cattle & Hogs, and to 

prevent Injuries being done by killing mismarking driving away 

or destroying Peoples Stocks. 
This Act is for the benifit of the Inhabitants that let their stock run 
at large in the Woods to prevent mistakes mismarking or taking from 
one another and in such Case gives a Penalty instead of the bare dam- 
age to be recovered, and on the other hand makes it but a Penal offence 
instead of a criminal Prosecution for Fellony or otherwise which might 
be to severe where st<x;k run so promis-cuously and mistakes so easily 
made. 

35. An Act appointing toll B(X)ks to be kept at or near Khatharine's 

Creek in Chowan Precinct at the head of Pequimins Precinct 
and at the mouth of the N® West River in (Uirrituck Precinct and 
to prevent persons from transporting or driving Horses, Cattle or 
Hogs to other Persons Lands. 
This Act is to regulate Abuses by the borderers and Traders of Vir- 
ginia but hath not been effectually put in execution and some further 
Regulation therein seems necessary both in tradeing from Virginia and 
to it but must be left to time. 

36. What Fences are sufficient. 
An Act concerning Fences. 



CX)LONIAL aECX)RD8. 187 



37. An Act concerning Servants & Slaves. 

This law is found very benificial to People that have Servants and 
Slaves, and is agreable to the Customs and Useages of other Places in 
America. 

38. Private Burials Prohibited 

This is an old Act made when People were thinly inhabited but now 
seems grown out of use 

39. An Act concerning proving Wills and granting Letters of Adminis- 

tration and to prevent frauds in the management of Intestates Es- 
tates. 
The Sulwtance of this Act seems to be taken from the Statutes of Eng- 
land but there hath been found a necessity of additional Acts twice as 
will be seen in their place. 

40. An Act conceniing Orphans 

The occasion of this Act was the Injustice used to Orphans that often 
fell into hands that would obscurely bind them out or convey them away 
and destroy what they had which was by this prevented. 

41. An Act to encourage the destroying of Vermin 

Repealed. 

42. An Act to ascertain what Persons are tithables and to direct the 

method to be observed in taking the Lists of them. 
This is an antient Jjaw and the usual method for taking Lists for a 
Pole tax in Publick or Parish Leveys and hath been found no ways iU- 
convenient. 

43. An Act for appointing a town in the County of Bath and for securing 

the Publick Library l)elonging to S* Thomas's Parish in Pamptico. 
This tho' a long Act only concerns a Town where little Improvements 
have Ixjen made, and for securing a small Library that was too much 
embezelled Ix^fore the Act was made. 

44. An Act concerning Ordinary Keepers & Tipling Houses. 

This is a very old Law, but that part of it which says that the Ordi- 
nary Keeper is to take C^nt per Cent advance upon what Ijiquor he sels 
is altered and the Pre(*inct Courts have Power from time to time to settle 
their Rents upon all sorts of Liquor and Dyet. 

45. An Act ascertaining the currency of Dollars. 

The intent of this Law was to bring Dollars into the Country and to 
make them current here, but it never had the eflFect. 



188 COLONIAL RECORDS. 



46. An Act ascertaining the Damage upon protested Bills of Exchange. 
This is a Law copied from Virginia, & I think the Damage Given is 

no ways unreasonable. 

47. Public Letters how to be conveyed. 

This Law was made during the Indian Warr when it was necessary 
Publick Ijetters should have dispatcli but never answered the end and is 
now entirely useless. 

48. An Act to prevent the taking Boats, Cannoes and Pereanges from 

Landings without leave. 
This Law considering our scituation upon Rivers and Creeks and the 
Disa|X)intment People meet withall in having their Boats and Cannoes 
taken away is no way amiss. 

49. An Act to ascertain Officers Foes. 

This is the old I^w for Fees (except in some few Articles that were 
altered in the year 1715.) when the Country was without Bills of Credit 
and the rated Spa^ies was so low that it was full as gocxl as Proclamation 
Money and ought all ways to have been kept to this Standard which is 
fully observed upon in the Report. 

50. An Act for restraining the Indians from molesting or injuring the 

Inhabitants of this Government and for securing to the Indians the 

Right and Pro})erty of their own Lands. 
This Law has proved very cx)nvenient to prevent any irr^ularities and 
misunderstandings with the Tributary Indians that live among us who 
have ever since behaved ix?aceably and are now excepting the Tuscaroras 
decayed and grown very inconsiderable. 

51. Public Treasurers to give Account. 

By this Act the Treasurers Ac. are obliged to account to the Assembly 
for all Moneys received by authority of Assembly. 

52. An Act for a Town on Roanoak Island. 

This Project failed and the Act hath hitherto taken no effect, nor any 
Prospet^t at present of it. 

53. An Act for raising Corn to satisfy the Debt due fn>m this Govern- 

ment to the Hon"* Charles Craven Esq" Governor of South Caro- 
lina And for the Subsistance of such Forces as shall be raised for 
the nec^cssarv Defence of the Frontiers of this Government. 
This was a temporary Act to discharge a large Debt occasioned by the 
Indian Warr for Assistants given this Country from Soutli Carolina. 



CX)LONIAL RECX)RD8. 189 



54. An Act for raising the sum of two thousand Pounds annually 'till 

the Publick Debts are answered and paid, and for the better 
encouraging the Currency of the Public Bills of Credit. 
By this Act a tax was layd of 15'** ^ Poll for tithable and rateable 
Persons and a land Tax of 2* 6** ip hundred acres and a Method taken 
for a Rent Role at that time, tho' now the Assembly is so backward in 
doing anything of the like Nature for a Rent Role to collect the Quit 
Rents by which is so much wanted for His Majesty's Service And it's 
well providtnl by this Act if Lands were concealed three years unpaid 
and nothing to be found on the Land to levy, the Justices of the Precinct 
Courts where the I^and lay had Power to sell so much of it as should 
pay the dues thereon and charges This tax being intende<l as a sinking 
Fund to call in the Bills & to lessien them 2000 ^ annum the publick 
Faith was pledged not only for encouragement of Merchants & other 
Traders to establish their Currency but to assure the Lords Proprietors 
that they should in a few years be sunk & it was enacted that no new 
Bills should afterwards be made nor this Tax lessened till all the Bills 
were called in but this was afterward broke in upon & the taxes lessened 
& new Bills emitted to the Apparent & continual loss of the Lords Pro- 
prietors in their Revenue & their Officers who were pay'd in the Paper 
Currency 

55. An Act impowering Johanna Peterson Widow of Thomas Peterson 

late of Albemarle County Escj" to make sale of certain Lands late 
belonging to the said Thomas Peterson and to make other Pro- 
vision for Anna the daughter of the said Thomas Peterson to 
whom the said Lands do descend. 
A private Act for sale of Land. 

56. An Act confirming the Titles of sundry Persons who have already 

or hereafter may purchase Lands of Col : Thomas Cary in Bath 
County. 
This Act to confirm some doubtful Titles of Land purchased by Col- 
lonel Cary. 

57. An Act for the confirmation of the Laws passed this Session of 

Assembly and for repealing all former Laws not herein particularly 

excepted. 
This Act finishes the Revisal of the Laws in 1715 and having taken 
out of the former Laws what was thought necessary or convenient they 
made this to be the Body of Laws for the Government and repealed all 
former Laws excepting some few by name expressed and all private Acts 
&c. and a Method is prescribed for dispersing the Laws, and encourage- 
ment given for printing of them but it was never effected. 



190 COLONIAL RECX>RD8. 



[B. P. R. R. O. North Carolina. B. T. Vol. 8. p. 366.] 



TITLES OF ACTS WITH GOV BURRINGTON'S 

REMARKS. 

1. An Act for the lessening the Pole and Land Tax and preventing of 

Conceal men t8. 
This was the first publick breach of the Fnnds laid for sinking the 
Bills but was soon repealed by another that made a greater Step. 

2. An Act to confirm a De(»ree made in the Court of Chancery of this 

Province upon a Bill of Compl* exhibited by William Duckenfield 
Esq" 
A Private Act. 

3. An Additional Act to the Act intituled an Act for establishing the 

Chuch and appointing select Vestrys. 
An additional Act to the Vestry Ac4. 

4. An Act in addition to the Act of making a Town at Queens Anns 

Creek. 
An additional Act for the Town of Edenton. 

5. An additional Act to an Act intituled an Act concerning Ordinary 

Keepers and Tipling Houses. 
An additional Act concerning Ordinary Keepers. 

6. An Act in explanation of an Act concerning Servants and Slaves. 
An additional Act to the former al)out Servants and Slaves. 

7. An act for a Road from Coare Pint in Pamplico to Newbern on Neuse 

River. 
Never comply M with. 

8. An Act for making the sum of Twelve Thousand Pounds Publick 

Bills of Cre<Ht for exchanging such of the Publick Bills of Credit 

as are now current thereby U) render them the more us(»full io the 

Government And for regulating the Taxes. 

This Act lessened the Taxes so as little or nothing was after brought 

in clear to sink the remainder of the Bills for when the I^aw in 1729 

was made, that repealeil this Law and called in those Bills tho' seven 

years after there was computed to be 10000<£ out to be changed and it 

appears that was something short of the computation. 

9. An Additional Act, to an Act entituled An Act ap|X)inting Tole 

Books. 
An addition to Toll Act. 



COLONIAL RECORDS. 



10. An Act for enlat^tng and euwuragemant of the Town called Eden- 

toii til Chowan Pn^inct. 
Another additional Act about Edenton. 

11. An Act for incorporating the sea Port of Jfeaufort in Carteret 

Precinct into a Township by the name of Beaufort. 
ThiH Act 18 for making a Town at Beaiiford in Core Sound which tho' 
a good Inlctt and convenient yet tlic Town hath had but little success & 
scarce any inhabitants. 

12. An Act appointing that part of Albeniarl« County lying on the we»t 

side of Chowan river to be a Precinct by the name of Bartie Pre- 
cinct. 
An Act appointing Bertie Precinct, This is a very thriveing Place 

which is ao much increased that there is talk already of a new division 

in it. 

13. An Act conwrning Fees and Oificers. 

This won an additional Act to the former about Fee» and was the first 
Establishment of Fees for a Chief Justice, which being done when Bills 
were current is stated the highest of any Officer. 

14. An Act appointing that part of the 8. W. parish of Chowan that 

lyes on the South Shore and AligattT to be a distinct Parish by the 
name of the south Parish of Chowan and for appointing Vestiy 
men for the same Parish, . 
An Act for dividing a Parish. 

15. An Act for settling the Precinct Court and Court Houses. 

Before this Act the Precinct Courfcj were held at divers Places which 
was foun<l illcnnvenient and now reduced to a stated Place and Court 
Houses erected. 

16. An Act to provide indifferent Jurymen in all Causes Civill and 

Cnminall. 
This is oWrved upon in my Report, 

17. An A<:t eutitiiled An additional Act relating to Biennial and other 

Assemblys and r^ulating Elections and divers other things rela- 
ting to Towns. 
An additional Act about Town Elections'and Burgesses. 

18. An Act for appropriating part of the Impost duty on Vessells or 

powder money to beacon or buy out the Cliannells from Roanoake 
and Ococock Inlets and severall other things to &cilitate the Trade 
and Navigation in this Government. 



192 CXiLONIAL RECORDS. 



19. An Act being an additional Act to an Act entituled Staple Commod- 

ity s rated. 
This was an advancement of the rates of Commoditys many years 
ailer the Fees and Quit Rents had been stated and allowed to be {mid in 
Commoditys There was also other Commoditys added at a high valua- 
tion, which was an apparent Injury to the Lords Officers & their Rev- 
enue. 

20. An Act for settling the Titles and bounds of Land. 

This Act is called the Processioning Act and the substance of it is 
taken from a Law in Virginia but it hath never been duly put in exe- 
cution. 

21. An Act for an additionall Tax on all free Negroes Mullattoes Mus- 

tees, and such Persons male & female as now are or hereafter shall 
be intermarried, with any such Persons resident in this Govern- 
ment. 
An Act about a Tax on free Ni^roes & Mullattoes. 

'22. An act for the better ascertaining Naval 1 Officers and Collectors Fees. 
This Act seems to make a better Provision than had been for the 
naval Officer and Collector who were obliged hereby to take their Fees 
in Bills al)out which there had been some Disputes. But at the same 
time it was taking from the Governor a Fee of 22" 6** silver on every 
Vessell that was l)efore allowed and by t^his Act re[)eakHl, which was farr 
more than what they added now to the naval Officxjrs and was an appa- 
rent Injury to suaeeding Governors, and could hardly have pass'd but 
under a President that did not expect to hold it. It being the only Fee 
a Governor had worth anything. 

23. An Additionall Act to an Act intituled an Act for quallification of 

Publick Officers. 
This Act was made under a President, just before the arrivall of a 
Governor and seems calculated purely to exclude any Persons from 
Offic*e he might bring with him. 

24. An Act for destroying Squirrells. 

This Act is now repealed with all the I^aws against Vermin. 

25. An Act for r^ulating Procieedings on Originall Attachments. 
This is an addition and amendment on the former Law about originall 

Attachments and is a good r^ulation. 



COLONIAL RECORDS. 193 



26. An Additional! Act to an Act entituled An Act concerning proving 

Wills and granting Letters of Administration, and to prevent 

frauds in management of Intestates Estates. 
This was a Provision much wanted before, when Orphans Estates and 
Creditors by undue appraisement had been much injured and great 
Frauds and abuses about them That are well remedyed hereby. 

27. An Act to restrain the keeping too great a number of Horses, and 

Mares and for amending the Breeds. 
An Act for mending the breed of Horses which are generally very 
small in this Country. 

28. An Act for enlargeing and Encouragement of the Town at the Island 

of Koanoake now called Carteret. 
This Act was to promote a settlement on Roanoake Island at the 
mouth of Roanoake Inlett but never took effect so I can say but little to 
it only if due care was taken for Pilotage and making good the Chan- 
nel there it would encourage our Trade. 

29. An Act for the better settling of the Town of Newbern in the 

Precinct of Craven. 
An Act for making a Town in Bath County on Neuse River, which 
hath made but little Progress. 

30. An Act to encourage the tanning of Leather in this Province since 

repealed. 

31. An Act for regulating Towns and Election of Burgesses. 

This Act was made for r^ulating the Town Elections of Burgesses 
there being three Towns in this Government that hath the privi ledge of 
sending Burgesses and this Act was to adjust the manner of chuseing 
them. 

32. An Act to r^ulate Trade in Bath County, a Temporary Law Ex- 

pired. 
Expired. 

33. An Act for encouraging and facilitating Navigation in this Province. 
This Act was intended to make some Provision for a settlement at 

Ocaaxik Inlett where large Vessells may safely come into good anchor- 
ing and harbour but hath not taken effect for want of better encourage- 
ment and further measures taken about it. 

34. An Act to encourage destroying Vermin a Temporary Law expired. 
Expired. 



25 



194 COLONIAL RECXiRDS. 



35. All Act for enlargeing and confirming the Power of tlie Pretiinct 

Court and to prevent Actions and Indictments of small value being 
brought in the Greneral Court, a Temporary Law expired. 
Expired. 

36. An Act to appoint the North West part of Bartie Precinct a District 

Parish by the name of the North West parish of Bartie Precinct 
And for appointing Vestrymen for tlie said Parish, & to appoint 
Commissioners in every Parish in this Government to call the 
Churchwardens and Vestry to account for the Parish money by 
them received. 
This Act was to make a new Parish of the upper parts of Bertie Pre- 
cinct which increases so fast that they b^in to talk of anotlier Division 
and by this Act there was particular Commission" to be appointed in 
each Parish for inspecting the Parish accounts on a pretence tliat there 
had been some irregularities, but some Parishes not thinking it worth 
while and where they were chosen none of the Commissioners having 
detected any irr^ularities little came of it. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 19.] 



COPY OF A LETTER FROM M' BYRD TO CAP: BUR- 

RINGTON. 

Virginia, the 20*^ of July 1731. 
Sir, 

I had the honour to receive your Excellcnc\'^s letter for which I return 
you my humble thanks, J think by some samples I have known of that 
Country it will c^ost a pretty deal of trouble to bring it into order and a 
less spirit than yours will never l)eable to affet^t it, people accustomed to 
live without law or gosple will with great Reluctance Submit to either. 

It must be owned North Carolina is a very happy Country where 
people may live with the least labour that they can in any part of the 
world, and if the lower parts are moist and cwnseciuently a little unwhole- 
some every where above Chowan, as far as I have seen, people may live 
both in health and plenty. T'is the same I doubt not in all the uplands 
in that Province but no place has so great a character for fertility and 
beautv of stntuation, as the Haw old field which Ive on the North branch 
of Cape Fear River and I fancy that is the very spot your Excellency 
has chosen l)ecause it answers lx>th in distance and quantity to what you 
say you have purchased. 



COLONIAL RECORDS. 196 



I should be very glad to follow so good a pattern as yours to make 
such distant Lands profitable in my time, it is true the soil is good and 
capable of bringing anything that the Climate will allow, but the labour 
of transporting the fruits of our labour to a market or to navigation 
makes all the difficulty however as our habitants come to multiply which 
to me is a distant prosjiect such remote Rstates will be valuable. In the 
mean time if I could receive Instruction from your Excellency how to 
make an immediate advantage of a high-land territory I should be pro- 
digiously obliged to you. 

I am sorry your late assembly was so resty as to oppose the matters 
you was pleased to recomeud to them I make no doubt but that the 
proposals you made to them were very just and consequently the Fault 
lay on their side for not complying with them. 

I should be glad to know upon what terms his Majesties lands are now 
to be taken up in that Province, how great the Quit Rent and in what 
specie to be paid, your Excellency will be pleased to forgive those ques- 
tions because they proceed not from curiosity but from an Inclination to 
increase my terra firma there if the expence be not too great and the ob- 
ligation for seating too troublesome. 

In the mean time I wish you all the success in the world in bringing 
the chaos into form and reducing that Anarchy into a r^ular Grovern- 
ment in so doing you well deserve to your statue erected, or which per- 
haps is better to have your sallary doubled. I suppose if my Lord Car- 
teret should not part with his share of Carolina it will be laid out for 
him in South Carolina as being commonly fancyed to be the finer clymate 
I'm informed there is a subscription in England for setling an hundred 
familys of poor Debtors on Savana River which I fear will prove a grave 
for them, they had better send them to North Carolina 

I am Sir 

your Excellencys 

, most obedient humble servant 

W. BYRD. 

This is the copy of 
a letter I received from M' Byrd 
of Virginia I sent the Original to the 
Six'aker of the House of Commons. 

Geo: Burrington. 



196 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 8. A. 11.] 



The case of the Inhabitants of the County of Albemarle in North Car- 
olina bordering upon his Majestys Colony of Virginia humbly sul)- 
mitte<l to the Riglit Honorable the I^ords Com" of Trade and Plan- 
tation 

Sheweth. 

That they haveing for many years been planters of Tob~ and by that 
produce subsisted and provided their family with all kinds of European 
Goo<l &c they are now by a I^aw made in Virginia A* Dom 1726 pro- 
hibited the benefit of carrying the same to Virginia in order to be shipt 
of for Great Brittain as formerly accustomed to the Great Impoverishing 
of the s* familys and now particularly of such who by the late running 
of the line betwixt the two Governments have been taken out of the 
province of Virginia into North Carolina and whose lands are scarce 
capable by reason of their situation of any other Improvemt That the 
Inletts to that part of North Carolina are not capable of receiving vessels 
of Burthen fitt for the Transporting of Tobacco from thence to Great 
Brittain so that unle^ relieved by the favourable Representation of ye 
Lordships to his most sacred Majesty for Repeal of that Law (w*** is 
humbly conceived to be not only Detrimental to his Majestys Revenue 
but directly contrary to the acts of Trade) Many of the s"* Inhabitants 
(being chiefly very poor people) are in danger of being reduced to the 
Extremest poverty and must either be obliged to quit their plantations 
or fall upon such usefull Manufactorys for their necessary Cloathing &c 
as will prevent the sale of considerable quantitys of European Go<k1s 
and consequently be prejudicial to the Trade of Great Britain. 



[B. P. R. O. North Carolina. Vol. 9. A. 22.] 



M' PORTER'S OPINION ABOUT THE APPOINTING OF 
ANY NEW COUNCILLOR BY THE GOVERNOR WHII^T 
THERE ARE SEVEN MEMBERS OF COUNCIL IN THE 
PROVINCE 27 JULY 173L 

[Rec* with M' Porter's Rep* to the Board dated 19 Feb^^ 173^.] 

The Opinion of E. Porter in humble answer to His Excellency. 

1" Tliat upon the great<»st Eniergencys His Majesty hath not allowed 
a less number than thi*ee to make a Quorum in Council and there being 



COLONIAL BECOBD8. 



hut two present T concciye I caiiiiut give an opinion aa a member in 
Council tho (to oblige Your Excellency) I may as Member of Council. 

2"*'^ A Member of Council is a Judicial Officer l>ecanse as »ucb he is 
also a Member of the Court of Chanc«ry and (herefore agreeable to his 
Maj Instruction ought to l)e chose by ixiiisent A advice of Council. 

^ttiT That there is at this present time seven Meml)ers of Council in 
this Province viz : M' Sec^ Rice M' Halton M' Jenoure M' Ashe, M' 
Allen, M' Hamett & myself which \h the number limited by Hi» Maj 
Royal In.stniction until his pleasure be further known Wherefore these 
my several roa«>us why any persons cannot Ix; chose or inducted at prett- 
ont u Member of Council I pray may be entred by the Dep^ Sec'' 
Signed E. PORTER at the Council 

Board this 27* day of July 1731 



[B. P. R. O. Ah: & W. Ind: Vol. 22. p. 119.] 



M' BADHAM'S VALUATION OF THE CHIEF JUSTICES 
PLACE IN NORTH CAROLINA. 

To His Excellency G«>rge Bnrrington Esq" Governor of North Car- 
olina. 

August 2'* 1731. 
Sir, 

Pursuant to y(uir Exrellencys Directions I have Endeavoured to make 
a Compntation of the Profit* arising to the Chief Justice of North Car- 
olina by Virtue of hiH Commission which I had the honour Uy serve him 
as Clerk of the General Court into which office I entered at March Gen' 
Court Anno. Domini. 1722 His Salary from the Lords Proprietiira was 
sixty {Munds per annum, and fees due and paid for Deeds of Land 
acknowletlged & proved before him were then about fifty pounds Yearly, 
l)esides proving I^etters of Attorney & other Instruments of writing and 
warrants issued heard and determined by him and bayle taken before 
him whicJi in all probability amounted Ui fifty pounds per annum more. 
And the Fees due in all Actions before him as Chief Justice in the Gen- 
eral Court I formed of him which brought me in near or quite five liun- 
drcHl pounds |)er annum, for some years after our Agreement. But 
when Publick Differences & Divisions happened amongst us the per- 
quisites & Profits of that office were wonderfully hurt and diminished 
and the writtf & process thenee issuing were very seldom executed as 



198 COLONIAL REC»RD8. 



they ought to have been especially in the southern part of the Province, 

and in the Northern County, viz* Albemarle County very badly, partly 

owing to the Defect of the Provost Marshall and his Deputys and the 

Disputes that arose about appointing that Officer, besides which our late 

Governor Sir Richard Everard in the year 1729 issued a Proclamation 

for suspending the Chief Justice and afterwards t'was very rare if any 

writt or other process by him sign'd were obeyed, which caused a great 

defect of Justice & delay in business so that many suffered thereby besides 

the Officers of the Court amongst whom one of the greatest sufferers 

was 

Your Excellency's 

most obedient humble servant 

W» BADHAM. 

To His Excellency, the Governor. 



[B. P. R. O. Am: & W. Ind: Vol. 22. p. 120.] 



M' LOVICKS VALUATION OF THE SECRETARY'S 
OFFICE OF NORTH CAROLINA AT £582.10. 

PER AN : 

To His Excellency George Burrtngton, Governor of His Majesty's Pro- 
vince of North Carolina. 

Edenton August 3"* 1731. 

Sir, 

In obedience to your Exoellencys directions I here send you an Esti- 
mate of the Value of the Secretary's office upon a Medium for seven 
years last past, I believe at present it is not of the value it was which is 
wholly owing to the High Quit rent that is put upon the Land ; for it 
was a great Inducement to the settlement of this little Colony, that Ijand 
was to be taken up at a Quarter the Value that it was in our Neighbour- 
ing Province of Virginia, and the Quit rent being the same as in Vir- 
ginia all new comers into that Province chose to come in here but now 
that the taking up of I^nd is made more difficult than it is in Virginia 
<fe the rent is double to what it is there, it will rather drive People from 
hence thither than Encourage any of them to settle here; And I believe 
your Excellency is very sensible that this is the true ground for the stop 
that is put to all business, not one survey or Patent having Ijeen made or 
issued that I hear of since your Exoellencys arrival, and I am afraid few 



CX)LONIAL RECORDS. 



199 



will be made unless the Quit rent is altered for People will always settle 
where they can live with most Ease, and are least Burtheneil. I oould 
not help saying this much because perhaps when the Estimate is seen, it 
might be asked why the oflSoe is not so good now as it was. 

ESTIMATE OF THE SECRETARY'S OFFICE OF NO: CAROLINA. 



200 Pateiits one year with another 

200 Warrants for taking up of Lands 

La{)se & Escheat Patents about 80 one year with 
another ....... 

Clerks office ...... 

To Wills, Probates & Ainicons yearly 

To Council Business yearly .... 

Writts of Escheat & Testimonials 

Sallery per. annum ..... 



£122 


" 10- " — 


50 


" — " — 


100 




100 


^^ '' 


80 


<' " 


50 




40 


** '* 


40 




£582 


" 10 " — 


Distrac 


dons heretofore 



I have formerly made much more of it, but the Distracti 

in the Government prevented many from coming in that otherwise would 

have settled here. And your Excellency may perceive by the Estimate 

that the principal Fees in the office is what arises from the Settling Lands. 

I am Sir 

Your Excellencys 

most Dutifull & most obliged 

humble Servant. 

J. LOVICK. 



[B. P. R. O. Am: & W. Ind: Vol. 22. p. 121.] 



M' FORSTERS VALUATION OF THE SECRETARY'S POST 

TO NORTH CAROLINA. 

To His Excellency Greorge Burrington Elsq" His Majestys Cap. Gen* & 
Governor in Chief of North Carolina. 



Sir, 



Edenton, August the 8*** 1731. 



Your Excellency was pleased to ask me some time ago what the Fees 
of the Secretary's Office of this Province might amount to Annually, 
which I could not at once resolve before I had looked over that office 



200 COLONIAL RECORDS. 



wherein I have acted for these eight or nine years j>ast, & find for the 
last three or four years fmm the great Distractions in the Government, 
occasioned by the weakness of Sir Richard Everard late Gov' here it has 
not exceeded £400. per annum, but before that time it could not amount 
to less than £600, and I am confident that if the Quit rent of Lands were 
no more than Two shillings per. hundred which is the same rent as in 
Virginia, that the Secretary's office for some years to come would be 
worth considerably more than ever from the vast number of Surveys 
made at Cape Fear which is not yet Patented, and the great quantities 
that would be every day taken up there, as well as in many other parts 
of the Governm* if the Quit rent was lessened, for till that is done I am 
persuaded there will not One Patent be taken out, Everybody choosing 
rather to loose their Land than pay so high a Quit Rent, and your Ex- 
cellency very well knows there has not One Patent issued since your 
arrival so that indeed the Secretary's office at present for want of Patents 
issuing is now scarce worth One hundred Pounds per. annum. Clerk- 
ships excepted. 

I am 
(with great respect) 
Your Excellencys 

most Dutiful & most obedient 
humble servant 

ROB* FORSTER. 



[B. P. R. O. Am: & W. Ind: Vol. 22. p. 118.] 



M' LITTLE'S VALUATION OF THE CHIEF JUSTICE'S 

PLACE AT £600. PER. AN: 

[August, 1781.] 

May it please Your Excellency, 

In obedience to vou I am to i^ive vour Excellency an Account of the 
Profitts of the Attorney General's plaw of this Province which I cannot 
pretend to do exactly, l)e<:rau.se the Incomes are more or less just as the busi- 
ness happens of late years the Authority of Government has been suf- 
fered to sink so low & the Courtis so much obstructed that I^aw & Justice 
seemed at a stand & but little business done. 

But since your Excellency has settled the Government & the Law has 
its free course & Justice duly administered, the business of that office 



COLONIAL RECX)RD8. 201 



will be considerable. I believe there will be 12 or fifteen Indictments a 
Court one with another which is held 3 times a year, the Fee of each 
Indictment is oO", besides the incidental fees of it, & often a Fee from 
the Prosecutor too, & there is another business besides Bills of Indict- 
ment which will Augment the Fees so that by a moderate Comput* with- 
out the Salary which is £40 per. annum. & besides his practice as a Law- 
yer in Civil Actions which that station recommends him to a full share 
if not always the Choice of I think the incomes of the office cannot 
come to less than £100 per. annum, which is to be received in Proclama- 
tion Money. As to the Chief Justices place which you are pleased to 
mention too, it is not Easy for the reasons I before gave to make an 
Exact Estimate of it, the business being uncertain, the Clerk of the 
General Court is under his Appointment whose Fees are very valuable 
And according as that point is managed it makes the value of the other 
more or less, there are also severall Fees out of Court such as prol)ates 
& acknowledgements of Deeds & other writings that may l)e there or in 
the Precinct Courts, & so is more or less as People are brought into the 
way of it. 

I am of opinion that with good Application, & if the most is made of 
the Clerkship the Chief Justices Place may one way or other Coinunibis 
Annix be worth 5 or six hundred Pounds per. Annum, besides the Salary 
which has been Sixty Pounds per Ann : but its supposed will now be 
raised to £100 per. Annum : 

And if the Circuits come to be settled the Value of the Place will be 
considerably the greater for it. This may it please your Excellency is 
the best Account I am able to give, but you'l please to give me leave to 
add that in all offices as well as other business it depends much on the 
Person & his knowledge of the Place. 

I am Your Excellencys most DutifuU 

& devoted humble Servant. 

WILLIAM LITTLE. 



26 



202 COLONIAL RECORDS. 



[B. P. R. O. Am: & W. Ind: No. 592.] 



EXTRACT OF A LETTER FROM CAPTAIN BURRINGTON 
GOVERNOR OF NORTH CAROLINA TO THE LORDS 
COMMISSIONERS FOR TRADE AND PLANTATIONS 
DATED 4^ SEPTEMBER 1731. 

We ex|)ect our Indians will be attackt by those of South Carolina 
The Northern Indians called the five Nations are in Alliance and Amity 
with ours and have promised to assist them with a Thousand Men part 
of which are already come into this Province. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 17.] 



GOV BURRINGTON TO LORDS OF TRADE. 

North Carolina. September 4*^ 1731. 

May it please your Lordshii^h. 

A. After the Prorogation of the Assembly which I callo(l pursuant to 
the Kings Instructions, I wrote a full State of the affairs of this Pro- 
vince and of my own Proceedings wn'th that Assembly datetl the first of 
July which I had the honour to address to your Board. Your Lordships 
must i>erceive the many difficulties I have had to encounter by the Arti- 
ficies of some and folly of others in the Council which rendred the 
house of Burgesses obstinate I can truly Say I met with more Obstruc- 
tions in my Endeavours for his Majesties Service and the good and Wel- 
fare of the Province from part of the Council than from all the heat and 
Rashness of the Lower house who were encouraged by some of the Coun- 
cil and spirited up in their undutifull behaviour aud small r^^rd they 
shew'd to his Majesties Instructions, notwithstanding all the mean Acts 
and little Tricks that have been used to cause Tumults among the Peo- 
ple and render my Administration uneasy I <.^n with great Truth and 
Satisfaction acquaint your Lordships that I keep all People in perfecrt 
Peace and Quietness and have entirely put a stop to those frequent Tu- 
muhs and Riots which were frequent when I first came into this Coun- 
try and were grown to that height that men were not a Security even in 
their own houses. 



CX)LONIAL RECORDS. 



B. These disorders were generally sett on foot and the Kiotera headed 
by M' Edmund Porter Jndge of the Admiralty and one of the Council 
of whom I have made mention in my Report to your Lorduhips thi» 
man bear^ so infamous a character that I think it wouhl be for his 
Majesties Service and the Reputation of the Council and Country if he 
\va'* removal. 

('. lu my last dispatches to your Lordshiiw I gave you an Account 
that Hmitli late Chief Justice here was re{K>rted to be gone out of this 
Country and designed fur England I (x)uld then only Say it might be 
true Im^uusc I had no better Intbrmation than common Rumour this 
man after travelling thrungli Some |>arts of the Government Spreading 
many false and Scandalous storys to draw people into a Subscription for 
defraying the Exjienees of his voyage and maintenance in England 
(wherein he had Slender Succes,s) Secretly went out of the Government 
aflcr giving out many Boasts of his great Interest in England he has . 
promise<l tu procure the removal of myself and Several other of his 
Majesties Officers and has already nominated our Successors. M' Smith 
by reason of his rashness and folly was mucli dreaded in tliis Country 
Sitting as chief Justice I aver upon my own knowledge that there was 
not a man among the Fa<;tions here that he did not threaten and personally 
affront however after they had deluded him they gave him Some money 
and Sent him home with a Pn)spect that if be had the Interest he brag'd 
of possibly he might create mischief against me bnt if not they were 
Sure of ridding the Province of a bnay Shallow wretch on whom there 
was no dependancc and who might in a little time be very hurtliill to 
them in the post he had the honour to be placed in and to which he was 
no ways equall, this fellow is now the Jest and Scorn of the very men 
that perverted him has left the Country with the Character of a Silly, 
rash boy, a busy fool, and engr^ions Sot to which I must add that I 
know him tu be an ungratefnll perfidions scoundrel and as much want- 
ing in Trutli as Understanding, aft«r all die ill behaviour of this Crea- 
ture to me, I never spoke an uncivil word to him nor did him one ill 
Oftice while be was here, but on the contrary gave him the best advice I 
was capable of; he never informed me of his intention of going home, 
neither did he write m6 any letter from Virginia where he Staid Some 
time. 

D. I think it was the latter end of June when Smith quitted this 
Province, before I was certain of it Jtdy was far advanced, the Qeneral 
Court by Act of Assembly sit on the last Tuesdays in the months of 
October March and July yearly but had be«n prevented by Porters man- 



204 COLONIAL RECORDS. 



agement almost two years before my coming in so much that no l^all 
course could be taken for suppressing the Tumults liefore mentioned which 
caused great complaints against Porter throughout the Province, long 
before my arrival, to this State and Condition my enemys desired to 
bring the Country again, and by means of the Same Porter when I had 
appointed a Council for the Nomination of a New Chief Justice which 
I put oiF to the day before the General Court was to sit there only 
appeared Coll : Jounoure his Majesties Surveyor of this Province and 
Porter the other Councillors being dead, out of the Government or at 
Cape Fear (two hundred miles from this Place) I postponed the meeting 
of this Council to the very last in hoi)es the Gentlemen of the Council 
who were at Cape Fear would have come to me and I might have seen a 
full Board on this occasion as I had all reason to expect l)ecause tlie Court 
of Chancery constantly sits at the same time the Greneral Court is held 
and consists by the Rules of the Court of the Governour and four Mem- 
bers of the Council at least. The Gentlemen from Cape Fear not attend- 
ing and there being but two of the Council in this part of the Country 
and no more than four in the other, two of which I then thought to have 
been out of the Province viz' M' Ashe who was reported to be gone to 
England to joyn with the Chief Justice in the design of procuring my 
removal, and M' Rice the Secretary who had been in South Carolina to 
fetcli his Family but was then returned as I have been since informed 
also M' Ashe who after the most diligent enquiries throughout this 
Country not being able to raise Materials for a charge against me would 
not put his Reputation and sence so much at stake to go to England as 
I am informed he had promised several men here who now curse him for 
Nonperformance and [by which failure of his Baby Smith will be quite 
lost haveing nothing but a few lies to Support his Cause unless he can 
obtain an Instructor from a Gentleman in Hannover Square] there 
appearing but two Members at the aforesaid Council I desired their 
Opinion whether they did not judge it absolutely requisite for his Maj- 
esties Service the Peace and Wellfare of the Government that two Coun- 
oellours should be appointed, otherwise the General Court would be 
again stopped and the Court of Chancery the same by reason it could 
not subsist without four C-ouncellours being present Coll : Jenoure very 
readily declared he thought the Country would suifer extreamly and the 
Government be digraced if the Courts were not supported, on the con- 
trary Porter gave in his objections in writing and declared that I had no 
Power to nominate Members of the CWncil without a Majority of the 
Council agreed to the appointment and asserted that there were Seven 



COLONIAL RECORDS. 205 



Members of the Council then in the Government and that by my 
Instructions I was not permitted to make more; his first allegation had 
no foundation the Kings Commission and Instructions giving me full 
power to fill up Vacancies to the numlxjr of Seven, the Second was noto- 
riously false, there not being so many then in the Province I have re- 
quireil him to prove the Persons he mentioned in his Paper were then in 
this Government, but as he knew it was not True he excused himself 

E. Coll : Jenoure recomended M' Lovick late Secretary of this Pro- 
vince for one of the Council this Gentleman was first in the late Council 
and when I came here with his Majesties Ctmimission and is jx^rfectly well 
aquainted with the affairs of this Government Sir Richard Everad and 
M' Porter had wrote complaints against him to the Duke of Newcastle 
when I examined into it neither Sir Richard nor Porter (though I called 
upon the last very particularly) had not the least proof to make good 
any thing against him, indeed there were some affidavits concerning 
Patents for land after the Date of their accusations which M' Ijovick 
answered these were sent your I^ordships in the Cauncil and Journal M' 
Ijovick has proved to me that aft«r the certainty of the Kings purchase 
was known he advised Sir Richard to grant no more Patents but by the 
Artifice and management of M' Moseley then Surveyor Sir Richard did 
mntinue to issue Patents on which the Said Moseley and his Kindred 
were the most considerable gainers as appeared to me by the relations of 
persons unconi*erned the affidavits sent your Ijordships are all that is 
laid to M' Lovicks charge there having been no complaint of any sort 
but one by M' Porter against him and many others for obstructing the 
Said Porter in exercising his office of Admiralty Judge which Porter 
delivered to me in Council and after some reasoning and debates upon 
the Subject he withdrew it before it could be entered on the Council 
Book and has continued Silent ever Since. I am obliged to do M' 
Lovick the Justice to Say he has comported himself very handsomely 
upon all occassions since the Change of Government here especially during 
the Sitting of the late Assembly of which he was a Member besides his 
capacity in Government affairs, another inducement for making him one 
of the Council was his knowledge in Indian business (we expect our 
Indians will be attackt by those of South Carolina, the Northern Indians 
calle<l the five Nations are in alliance and amitv with ours and have 
promised to assist them with a thousand Men part of which are already 
come into this Province) I assure your Lordshii>s there is no man in this 
Colony more ciipable of serving the King than M' Lovick for these 
reasons I swore him a Councellour and M' Edmund Grale a relation of 



206 COLONIAL RECORDS. 



M' Gale a Commissioner of the Excise a Gentleman in very good cir- 
cumstances and unblemisht Character 

F, When this was done witli the advice and consent of the Council I 
appointed M' John Palin Chief Justice who has given a general Satis- 
faction by his wise and prudent behaviour. 

G, I cannot doubt but that your Lordships will approve of these 
appointments made in So critical a time and will esteam them as I 
intended a real Service done this Government and the best means could 
be thought on for preserving j>eace and good order in North Carolina 
notwithstanding M' Porter was of another opinion. 

H, The knowledge 1 have of this man since I came last here (I knew 
little of him before) induces me to believe he will have the assurance to 
ti^uble your Lordships with a Paj>er delivered as reasons against my 
appointing any Councellours. M' Allen mentioned in his Paper to be 
in North Carolina was not then in this Government neither has he been 
here since I came mvself that M' Rice or M' Ashe were either of 
them here at that time was what he did not know any more than myself 
tho it really proved they were in the Government The Original I Send 
your Lordships weak and Silly as it Seems to me I am assured it was 
the result of the party I have against me and that M' John Montgomery 
his Majesties Attorney General here drew it up which I believe it being 
much like the way of reasoning he uses and calculated to perplex me 
and disorder the course of Bussiness in this Government. 

/. Give me leave to add what has been already said of Porter that 
he is a man of a most infamous Character, has been guilty of many 
vile Frauds and is now under many Prosecutions and Actions for Debt 
which will reduce him to great Poverty I am Sorry I am obliged to Say 
much of such a contemptible fellow 

K. In my remarks upon the Laws of this Country which were sent 
to your Board I made some observations upon the Law for holding 
Biennial Assemblys which I hope your Lordships have cronsidered. In 
a few days the People (by Nature of that Act) are to choose Representa- 
tives will meet in Assembly (if not prorogued) the first Monday in 
November next, I am fully convinced no g<x)d can be done with an 
Assembly before his Majesties pleasure is known in relation to tlie pre- 
tended Laws in 1729 after his Majesties purchase was completed whether 
any fxjuivalent is to be taken in Lieu of cash for his Majesties Quit 
Rents, whether his Majestic will be graciously pleased to moderate Quit 
Rents for Lands to be taken up to the Same that is paid in Virginia 
which is insisted on by the people here as their undoubted Right, whether 



COLONIAL RECORDS. 



the Officers are not to take their Fees in Proclamation or Bills an they 
'are rated by the Assembly to that value Before I have an answer to 
these Material Points I know it will be to no purpoM to hold an Aj:»em- 
bly therefore Shall propose to the Council the Prorogiieing them till I 
am further instructed. 

L. In the Btxly of Laws sent home in an Act relating to Escheat and 
Lands and Escheators which I have already remarked upon and have 
refused to grant Patents for any E-'w-heat Lands till I hear from your 
Jjonlships, the ix>iiijiosition being very^sniall iti that act and the Quit 
Rents but two shillings for every hundred acres. It is insisted upon 
here that I ought to grant Such lands agreeable to the Law hut as I find 
this Law not to be consistent with the latter part of the 43*^ Instrntrtion 
I have otieyed the Instruction in not complying with the I^aw. 

M. I gave some reasons in my remarkes on the Act for Biennial 
Assemblies to which I beg leave to add the following to Shew the Act 
ought to Ix; repealed the time of an Assemblies contiiiuanc-e being So 
Short causes (Several well meaning Members to be Timorous fearing they 
should not Ix" chosen again that by the Said Act a Small part of the 
Province have Twenty Six Uepresentativcs all the Remainder but ten I 
judge it necessary to reduce the four Pr«;incts called Chowan, Perqnim- 
mons, Pas«|Ut>tank and Curratuck into Two I>ecause in the socontl and 
fourth there are neither Persons fit for Magistrates nor Burgesses I am 
also of Opinion that two representatives are Sufficient for a Pre(inct the 
Counties in Virginia send no more, the number of Burgesses and Pre- 
cincts are Settled by tins Act. This Act also allows all freemen to vote 
for Biii^esses, but his Majesty's 12**' Instruction to me is very particular 
that none but Freeholders be admitted to vote which being against that 
Law has occasioned a great deal of heat among the people and much 
hcightcne<l by those who love to raise a Clamour against me. I cant 
help thinking we shall have more orderly Elections and marc substantial 
men chosen if none but Freeholders vote as the Instruction directs so I 
hope the Law will be repealed that I may not be under the necessity of 
acting against a plain Instruction or against a I^w of the Conntry and 
whi(Ji may furnish my enemies with a handle for complaints against me. 

iV. By the '2ti°' Instruction I am directed to take <are tiiat Just 
accounts of Rcocipts and payments of all publick monies being first 
attested by the Auditor he transmitted to the Lords uf tlie Treasury but 
as there is yet no Auditor nor Receiver General nor the appointment of 
a Publick Treasurer yet Settled and as there has been very little money 
either receive*! or paid I Shall not Send the Account before the Arrival 
of an Auditor or further Order from England. 



208 COLONIAL RECORDS. 



0. I have not yet been able to obey the 100 Instruction in Survey- 
ing the harbours being hitherto prevented by a Multiplicity of business 
and a dangerous Sickness of which I am not yet perfectly recovered this 
will be a work of Some difficulty and expence which I Shall readily 
undertake as Soon as I am capable of travelling the Inhabitants of this 
Country declare very much against Fortifications but as we have three 
harbours capable of receiving large Ships there will be a necessity of 
erecting Some at each of the Said harbours of which I will give your 
lordships a further account before Christmas. 

P. The late Receiver General of this Province whose accounts lye 
before a Committee of the Council having given Sufficient Security to 
answer to the King for what money is in his hand I design not to pass 
the Said accounts before the Receiver and Auditor are appointed and 
present. 

Q, I am now able to give your Lordships an exact account of the 
value Bills are of in this Country, A Pistole is not to be purchased under 
eight pounds in Bills I have offered all |)eople that have paid me Fees 
to take an eighth in Proclamation money in Lieu of four for one in Bills 
if they would let me have Silver, only one man would comply of all 
those I have received any Fees from English goods Sell from fifteen to 
twenty in Bills above the price they cost in England, but if the Bills 
are allowed by His Majesty to be current my opinion is they will Soon 
come to the value they are rated which is four for one in Proclamation 
money. 

R. Your Lordships may think there was not enough said in my report 
of Sir Richard Everard, being commanded by an Instruction to enquire 
into the complaints made against him by the late Council I have further 
to observe that M' Moseley was in great Friendship with Sir Richard and 
his Family and they had been much concerned in taking up lands as 
appears by the List of Patents granted by Sir Richard when the enquiry 
was made M' Smith M' Porter and M' Ashe violently insisted nothing 
more ought to be enquired into than the words he had spoken against the 
King <&c : there were but two Councel lours present at that time besides, 
for this good office they did him, I am informed Sir Richard his Lady 
and Son have promised to make some affidavits they judge will prove 
servicable to their cause 

S. I must informe your Lordships that I have had Information of 
Mall practices by M' Moseley and his Deputies in returning to the Secre- 
taries office Immaginary Surveys by which his relations hold great quan- 
tities of land more than are sjiecified in their patents it is verj' certain 



COrX)XIAL IlECOUDS. :i()9 



Mosolev and his Kclatioiis have in four or five vears time straniidv cii- 
rid 1 0(1 tlienist^lvos 

T, I am assured by several }>eo))le that my encmys have or will com- 
plain against me for buying some lands, the real truth 1 now declare to 
your Lordships which is that a few days after I came into this Provin(»e 
I heard M' liovick and M' Moselev offer to sell some lands to Smith 
then Chief Justice and M*" Haltoh one of* the Council thcv ofFereil me 
some also which I then dwlined, sometime aftt»r I was told the Indians 
t<M)k u|> oar upon those Lands of which they made Bullets with, u|X)n 
this Intelligence I lN)Ught the lands and gave more for them than they 
are judgwl to be worth, if I cannot find the oar I have made a very bad 
l>argain having no manner of <K*casion for the lands which are by water 
one hundrcsl miles above the Falls of Cape Fear lliver. if my enemies 
have impudence and villany enough to charge me with any clandestine 
or unfair practicf\s upon this si'ore I am i*eady to joyn issue with them 
and take upon me to prove the purchase was just, and that any other 
|)erson might bought them as well as myself, the major part I l)ought 
of Moselev the great I^nd Joblx?r of this Country who has still twenty 
thousand acres to sell when he cjin find purchast»rs. 

V. Of the Council appointi»d by his Majesty M' Smith has resigne<l 
and left the Province M' Porter for sevend reasons already given I hope 
your Lordships will think ought to l)e left out M' Eleazer Allen was 
rec^ommended unto me by several gentlemen in London to be put into 
the Council but he is not an Inhabitant in North Carolina, lives in South 
Carolina where he is Clerk to the Assembly therefore ought not in my 
opinion to Im.* in the Council here M' James Hal lard and M' Richard 
Evans never cjuiie neither do I think they design it, M' John Pc^rter 
is dead M' Matthew Rowan is not at this time in the Province but ex- 
|>e<.'ted soon. 

Asdirecteil by mv Instructions 1 send your lordships a list of Names 
to fill U|) the Council. 1 put M*" Lovick first l)eniuse I think he is the 
only person in this (jovernment capable and fit to be intrusted with the 
care of this ProviiKX? if his Majesties si»rvice or death takes me away. 
John Lovick Chief Justice when appointed, Nathaniel Ri(^e Secretary, 
Joseph J(Mioure Surveyor General, Rolwrt Halton John Ashe Thomas 
Pollock, Kdmund Gale, Matthew Rowan Cornelius Harnet, George Mar- 
tin and Mackrora S<»arl)orough. This is the best list 1 am able to make 
which I leave to your Lordships consideration. 

W. By the running a Division line betwet^n Virginia and this Prov- 
ince many IMantations were gained from Virginia Some of the owners 

27 



210 COLONIAL RECORDS. 



have taken out Patents here but the Major part refuse. 1 desire your 
Lordships directions whether they that have not Patented their Lands 
here, ought not to do so. 

X. I shall do myself the honour to send your lordships before next 
Xmas an Account of the Militia and the Improvments that may be 
made in this country which I think entirely depends on the Quit Rents 
that are to he paid for Lands to be taken up and opening a Port on 
Ocacock Island the Pilots I have appointed assure me that atOcacoek 
they can bring in vessels that draw Sixteen or eighteen foot wat^r, at 
Port Beaufort that draw twenty and at Cape Fear two and Twenty this 
account the Pilots offered to Swear too, Curratuck Inlett is shut up and 
RoaniK'k is so dangerous that few people oare to use it but go round to 
Ocacock. 

Y, A great number of people have come into this Country to Settle 
lately I hear of more that are coming from the Neighbouring Colonies 
nothwithstanding there is but one Entry for taking up land neither has 
the person who made the Entry gone on with the Survey by reason of 
the Quit Rent I acquainted your Lordships how great a Prejudice this 
was to the Officers therefore shall omitt writing any more at this time on 
the Subject 

Z, When I undertook the Settlement of the Southern part of this 

Province (with consent of the Proprietors Council) warrants were given 

to people that were disposed to Settle there, by which inducement a great 

many people did then Seat lands in that uninhabited Country and have 

not since had Patents, I think it will be hard upon these people to be 

removed, many of them would be mined. I pray your Lordships 

directions in this tender affair. 

I am (with all respect) 

your Lordships most humble 

and most obedient servant 

G: BURRINGTON. 



[B. P. R. O. North Carolina. B. T. Vol. 41. p. 193.] 



BOARD OF TRADE JOURNALS. 

Whitehall Tuesday July 27. 1731 

Present. 
M'Pelham. M' Brudenell. M' Bladen. 
M' Fitzwilliams Surveyor Gen* of the Customs in the Southern part 
of America and M' Gale Collector of the Customs in North Carolina 



COLONIAL RECX)RD8. 211 



attending presented to the Board a Memorial from the inhabitants of the 
County of Albemarle in North Carolina setting forth the great hardshipn 
they labour under from being denied the liberty of exporting their tobaooo 
to Great Britain from the ports in Virginia occasioned by virtue of two 
Acts passed there the one in 1705 Entituled an Act against importing 
tobacco from Carolina and other parts without the Capes of Virginia and 
the other passed in 1 726 entituled an Act for the more effectual preventing 
the bringing tobacco from North Carolina and the bounds in controversy 
And their Lordships taking the said Memorial into consideration as also 
both the Acts gave directions for preparing the Draught of a Report for 
repealing the said Acts. 

[Page I9a] 

Which Report was agreed and signed July 29*** 

[Page 242.] 

Wednesday September 2. 1731. 

M' Thomas Lowndes having brought to the OflSce three Certificates 
one from James Bertie Esq** another from Henry Bertie Esq** Two of 
the late Lords Proprietors of Carolina and the third Certificate under the 
hand of M' Shelton their late Secretary relating to certain Grants of 
I^nds made by the said Proprietors to M' Lowndes before the Treaty 
of Surrender of Carolina to the Crown the said Certificates were read and 
ordered to he kept with the papers which relate to the Province of South 
Carolina. 



[From M8S. Records of North Carolina CoimciL Journals.] 



COUNCIL JOURNALS. 

North Carolina — ss. 

Edenton Feb-y 25**» 17^ 

Pursuant to his Majestys Royall Co©ision and instructions Constitut- 
ing & appointing his Excellency George Burrington Esq' Gov' Cap* 
Generall and Coinander in Chief of the Province and Territory of North 
Carolina the same was read and published and His Excellency thereon 
in Council took & subscribed the severall Oaths by law appointed for 
Qualification of Publick officers as Also the the oath for the due Execu- 
tion of Justice Reposed in him Equall administration of Justice and due 
observance of the Laws of Trade and thereupon his Excellency took his 
Place at the board accordingly 



212 COLONIAL RECORDS. 



William Smith Joseph Jenoure & Robert Halton Esq" appointed by 
his Majesties Royall instructions Members of Council for this Province 
appeared and took & subscribed the several oaths by Law appointed for 
Qualification of Publick officers and their places at the board accord- 
ingly. 

At a council held at the council Chamber in Edenton y* 25*** day of 
Febry Anno Domini 1731 

Present 

His Excellency George Burrington Esq' His Majesties Governor Ac 

{William Smith "> tt. « n/r u ^ rr- n/r • 
TUT I Esq Members of His Majes- 

Joseph Jenoure > * x* /^ m "^ 

RobTrt Halton j - *'^ ^""""'^ 

His Excellency the Governor was pleased to order that a Proclama- 
tion Issue for continuing officers and magistrates both military and Civill 
within the Province till his Excellencys Pleasure be further known 
therein. 

Hiss Excell^ the Gov* produced to this Board a Commission from the 
right Honble the Lords of the Admiralty Constituting and appointing 
him vice Admiral of his Majesties Province of North Carolina 

Adjourned till tomorrow morning Eight of y* Clock 

At a Council held at the Council Chamber in Edenton the 26*** day of 
Febry Anno Domini 173^ 

Present 

His Excellency George Burrington Esq' Governour &c- 

The Honoblesj jSlprirel^" ^«'"'^"' «^.?'« Majesties 

\ Robert Halton j <^°""«'" 

His Excellency the Governour Representing to this board the neces- 
sity of calling together the Gren* Assembly of this Province to Enact 
and make such Laws as shall as shall be for his Majesties Service and 
the good of the people within the same thereupon his Excell^ the Gov' 
by and with the advice and Consent of his Majesties council doth order 
that Writs forthwith Issue requiring the fPreeholders in the several and 
respective precincts and Towns within this Province to Choose their 
Representatives on Tuesday the 23"* day of March Order* that Procla- 
mation Issue requireing the General Assembly of this Province to meet 
at Edenton on Tuesday the 13*** day of April next an all persons con- 
cerned are to take notice thereof accordingly. 



COLONIAL RECORDS. 213 



North Carolina — as. 

At a council held at the Council house at Edenton y* 27 day of Febiy 
Anno n^ 

Present 

His Excell^ George Burrington Esq' Gov' &c 

rpi TT 1 1 I T ' u T ( Esq" Members of his 

The Honblej^h Jenoure | ^jeaties Council 

Ordered that Mr Joseph Anderson do act for Nathaniel Rice Esq' 
Secretary of this Province till his arrival here or some person Lawfully 
Deputed by him and in all cases till ^|{*ther orders. 

Ordered That John Lovick Esq' Late Secretary of This Province do 
forthwith deliver up all papers and records relating to the Secretarys 
office unto Joseph Anderson appointed by the Gov' and Council to 
recieve the same 

By order of his Excell^ the Gov' & Councill 

JOSEPH ANDERSON f Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 4 day of 
March Anno 1731 

Present 

His Excellency Greo Burrington Esq' Gov' &c 

{William Smith ) p » \f Up f 
Joseph Jenoure >i .^j^ • ^« /-« -i 
RplirtHalton / his Majesties Council 

Sir Richard Everard Bart Late Grov' having Exhibited a Complaint 
against the late Rec' General that he has reftised /paying him his Salary 
as Governour & that there are Sev* years in arrears due to the said S' 
Rich' upon which both parties were called and appeared accordingly, 
And the late Rec' producing his acoo^ with Sir Richard and his vouch- 
ers for the same and Sir Richard examined and there appeared To have 
been paid Sir Richard the sum of £1658.7.6 which amounted to very 
near the whole sum due to him from the time of his coming into this 
Province to the day of the present Governours arrival. But this Board 
having no direction for the allowance of any sallary since his Majesties 
Purchase of the said Province do forbear at present the allowing any 
further payment than from the 17*** day of July 1725 to the 19** Day of 
July 1729 being the date His Majesties purchase which in the whole is 
£1200 at 300£ '^ annum which is allow to be paid and the Reciever 
General discharged for the sum of 1200 in his Aoco^ 



214 COLONIAL RECORDS. 



This Board having taken into consideration the affair of the Tenth of 
Wheal Oyle and Bone taken on the sea coast of this Province which has 
been lately claimed by the Judge of the admiralty of this Province as a 
Dinis of Admiralty and the said Judge and others having rec* peroells of 
the said Oyle and Bone without accounting for the same to the Gov' for the 
time being which being the undoubted right and purquisitt of the Gov" 
of the several Provinces of his Majesties Dominion in America where 
wheals were taken till his Majasty pleased to alter y* Contrary. It 
is ordered that all Tenths of the oyle & bone reci* by any Person what- 
soever before bi« Majesties Royall Instructions relating to that affair 
were published be paid to the Honoble Sir Richard Everard Bar* Gov- 
ernor of this Province 

By order of His Exoell^ y* Gov' and Councill 

JOSEPH ANDERSON f Secty 



North Carolina — ss. 

At a Council held at y* Councill Chamber in E^enton y* 9*** day of 
March Anno Dom 1730 

Present 

His Excellency Greorge Burrington Esq' Gov' &• 

{William Smith ) tt. „ Tt^r u r u* 
TIT I Esq Members oi his 

Joseph Jenoure > ^Tv ' ^' n m 
RobmHalton j Majesties Councl 

E^dmond Porter Esq' appointed by his Majesties Royall instructions 
a Member of Councill for this Province appeared and took and sub- 
scribed several oaths, by law appointed for Qualification of Publick offi- 
cers and his place at the board accordingly. 

Present y* Hon**^ Edmond Porter Esq' 

William Smith Esq' producing to this Board Majesties Warrant under 
his sign manuel directing That Letters patents Issue under the Great 
Seal of this Province constituting and appointing him the s' William 
Smith Chief Justice therein 

Ordered that Letters patents issue for the same 

Ordered that a Commission issue under the seal of y* Province consti- 
tuting and appointing Robert Halton Esq' Provost Marshall & Commis- 
sary of the musters within This Province 

Ordered that the said Provost Marshall be and he is hereby Impowered 
to take and recieve Two Shillings and six pence for signing a Messu 
Process. By order of y* Gov' & Councill 

JOSEPH ANDERSON f Secty 



CX)LONIAL RECORDS. 215 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the SO*** day of 

March 1731 

Present 

His Exoell^ Geo Burrington Esq' Gov* &c 

{William Smith ) p » tlc u^ f u* 
Joseph Jenoure > ^1 • x* r-i -i 
Robert Halton j Majesties Council 

Ordered that the old seal of the Colony be used till the new seal arrives 

Ordered that Cullen Pollock George Martin Isaac Hill be assistant 
Judges to the Chief Justice. 

Ordered that John Conner Esq' be and he is appointed Attorney Gen- 
eral of this Province and that a Commission be prepared for the same 

By order of the Govern' and Councill 

JO^PH ANDERSON f Sec*^ 

North Carolina — ss. 

At a Council held at the Councill Chamber in Edenton Ap^ 3"^ Anno 
Dom 1731 

Present 

His Excellency Greo Burrington Gov' &c 

Y« H We / William Smith 1 Esq*" Members of his 
\ Joseph Jenoure / Majesties Councill 

His Majesty having by his Royall Instructions been pleased to ap{X)int 
Nathaniel Rice and John Bap* Ashe Esq" Members of Councill for this 
Province — and There upon y* said Nath* Rice and John Bap* Ashe ap- 
pearing took and subscribed the several oaths by law appointed for Their 
Qualification of Publick officers and their places at The Board accord- 
ingly 

Present 

. , TT M, f Nathaniel Rice 1 Esq" Members of his 
\ Jno Bap* Ashe / Majesties Council 

Nath* Rice Esq' producing to this Board His Majesties Warrant under 
his sign Manuel directing that Letters patents lasue under the Great Seal 
of this Province Constituting and appointing him the said Nathaniel 
Rice Secretary and Clerk of the Crown of North Carolina. 

Ordered that L*" Patents Issue for the same 

By order of the Gov' & Council 

JOSEPH ANDERSON f Secty 



216 COLONIAL RECORDS. 



Esq" Members of 



North Carolina — ss. 

At a Council held at the Councill Chamber in Edenton the 13^ day of 

Ap» Anno Dom 1731 

Present 

His Excellency Geo Burrington Esq Gov iSx; 
r William Smith 

I Joseph Jenoure ( his Majestys Councill 
^John Bap* Ashe J 

Cornelius Harnett Esq' being appointed by his Majestys Royall In- 
structions a member of Councill for this Province appeared and took and 
subscribed the several oaths by law appointed for Qualification of pub- 
lick officers and his place at y* board accordingly. 

By order of the Gov & Council 

ROB' FORSTER Dep Secty 

North Carolina — ^ss. 

At a Council held at the council Chamber in Edenton y* 19** day of 

April 1731 

Present 

His Excellency the Governour 

^ William Smith 
fxlmond Porter 
Jos Jenoure 
Jn** Bap* Ashe 
Cornelius Harnett 

His Excellency the Grovern' was pleased to be read his Majesties 
Royall Instructions requiring him to Examine into the Complaints of 
Sir Richard Everard Bar* late Gov' of s* Province against sev* members 
of the Late Council as also their Complaints against the s^ Sir Richard 
Everard and his Excell^ acquainting this Board that the said Sir Ricli- 
ard Everard had prayed a Cert* day To be appointed for hearing the 
said Comp** Therefore the Gov' was pleased to appoint Tuesday the 20*** 
Instant for hearing the said Complaint 

And whereas there being some of the Gentlemen who were of the late 
council now in the lower house of Assembly (who is now setting) His 
Excellency the Governour by and with the advice and Consent of Coun- 
cil doth Comand that the members of the lower house of Assembly be 
adjourned till Wednesday the 21** Instant and they are they by adjourned 
accordingly 

By order of the Govern' & Council 

ROBERT FORSTER D. Secty 



The Hon"' 



E^" Members of 
his Majesties Council 



CX)LONIAL RECORDS. 217 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 21** of 
April Anno Dom 1731 

Present 

His Excellency Geo Burrington Esq' Gov* &c 

{William Smith Edraond Porter) t? » vr i r 

Nathaniel Rice Jn'> Bap* Ashe V hif Ma* sti^ C u i -il 
Joseph Jenoure Corn Harnett j '^ ^^ ^^ ^ "^' 

U|K)n Petition of Elizabeth Moore Relict of Thomas Moore deceased 
setting forth that her husband dying in the brining of October last 
and that William Little in conjunction with John Pratt under pretence 
as greatest Creditor to the said Deceased obtained adm" thereon w* she 
concieves to be Ill^al praying the said adm™ may be annulled and made 
void a Copy of which petition the said Little was served with and day 
assigned him to answer the same At which day y* s* Eliz* app* at this 
Board by M' Thomas Swann her attorney where the said Little was pres* 
and the matter on l)oth side publickly debated 

Thereupon His ExcelK (as Ordinary) with the advice of the Council 
declares the Administration by M' Little obtained to be Ill^al annulled 
and Void and that administration be granted to the said Eliz* as relect 
widow to y* said pursuant to Law 

By order of y* Gov' and council 

ROBERT FORSTER D Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edenton on the 22d of 
April Anno Dom 1731 

Present 
His Excellency Geo Burrington Esq' Gov' &c 

; William Smith John Bap* Ashe ^ Esq" Members of 
Nathaniel Rice Edmond Porter > his Majesties 
Robert Halton Corn Harnett j Council 

Joseph Jenoure Esq' his Majesties Survey' Gen" of this Province 

representing to this Board that he has Sundry times demanded from 

Edw* Moseley Esq' Late Surveyor Gen* all papers relating to the said 

oflfice and that the said Maseley had not as yet delivered the same to him 

Praying the oppinion of this Board thereon which being considered of 

his Excellency the Gov' with the advice of his Majesties Council doth 

order and direct that the said Edward Moseley Deliver up to y* said 

Joseph Jenoure all papers and platts to the said surveyor Gen* Office 

28 



218 COLONIAL RECORDS. 



belonging by to morrow morning by Ten of the Clock His Excellency 
the Grovernour Cause his Majesties 47 Instruction to read wherein his 
Majesty is pleased to direct the Governour that he take Especial care 
that no Office or place whatsoever be Executed witliin this province but 
by Comission from his Majesty or by comission from his Excellency the 
Grovernour under the seal of y* Colony Therefore the Governour with the 
advice <& Consent of the Council was pleased to appoint tlie Honourable 
William Smith Esq' Treasurer of this Province in the room of Edward 
Moseley E^sq' and that a Comission be prepared for the same accordingly 

By order 

ROBERT FORSTER Dep Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 23^ day of 

Ap» Anno Dom 1731^ 

Present 

His Excellency Greo Burrington Esq' Grov' iSx; 

Will»SmitJi Robert Halton ^ 

Nathaniel Rice Edmond Porter I Esq" Members of his 
Joseph Jenoure Jn* Dap* Ashe [ Majesties Council 
Corn* Harnett J 

Read the Petition of Isaac Hill Esq' setting forth that he having an 

Indian slave named George amongst the Tuskaroore Indians who (as he 

is Informed) detains ye said Indian slave from his service praying 

and order may Issue from this Board Directed to Blount King of the s"* 

Tuskarooraes, requiring him to deliver up the s* Indian slave to the s* 

Hill which being Considered of his Excellency the Gov' was pleased to 

order and direct that M' Charlton the Indian Interpreter should as soon 

as posible repair to King Blounts Town and there demand the s* slave 

from Blount & on the s* King refusal of delivering up the said slave that 

then the s* Interpreter is hereby directed to summons the said King 

Blount immediately to answer the same before his Excellency in Council 

By order 

ROBERT FORSTER D Secty 

North Carolina — ss. 

At a Council held at the Council Chamber- in Edenton the 24 Day of 
April Anno Dom 1731 



COLONIAL RECORDS. 219 



Present 
His Excellency Geo Burrington Esq' Gov* &c 

{William Smith Robert Halton "j Esq" Members of 
Natha Rice Edmond Porter > his Majesties 
Cbrn* Harnett j Council. 

Sir Richard Everard Bar* Late Grov' of this Province appeared and 
prayed to have some Depositions ag* John Lovick Esq' Late Secretary 
and Edward Moseley Esq' Late Surveyor Gen* in Suport of the Com- 
plaint made by the s** Sir Richard Everard against the said Lovick and 
Moseley to his Majesty. And the said Lovick and Moseley having Notice 
to be present the said Moseley appeared but M' Lovick came not there- 
upon Colonel William Harding Jon'es being called appeared and gave the 
following Dep* viz* 

The Deposition of Colonel William Harding Jones being sworn on the 
Holly Evangilist sayeth that about a Twelve month agoe being at the 
house of M' George Pollocks the said Pollock produced a blank patent 
without number of acres mentioned nor sum in the purchase reciept men- 
tioned which reciept to y* best of his remembrance was signed by M' 
Lovick Late Secty which patent was sealed and the said Deponant upon 

veiwing the patent told M' that he might put what Quantity of Acres 

he pleased into that patent w^ y* s* Pollock made no answer but smifed and 
the s* Depon* further saith that he has paid M' Little the Late Rec' Gen- 
eral the sum of £14.10 for the purchase of 475 acres of Laud and that 
in reciept given from the said reel* Greneral he mentioned only y* reciept 
£9.10 and without mention of Quit Rent 

Sworn to April 24?^ 1731 WILLIAM HARDG JONES. 

ft 

The Deposition of Mr James Castellaw who being Sworn on the 
Holly Evangelist saith that about a Twelve month agoe and since he 
hath seen in the hands of M' Greorge Pollock four or five Blank Pattents 
without anv mention of the number of acres & Sealed with a seal which 
he believed was the seal of the Colony and that on the back of which 
patents reciept signed by John Lovick Esq' Late Secretary without any 
sum Mentioned and that this Deponant was concerned with M' Eubank 
in the punihase of Two of them the Title of which Patents he believed 
not to be good he perswaded M' Eubanks to return the same to M' 
Pollock again accordingly took one of them M' Eubanks paying the 
said Pollock a pistole for the same as the said Eubanks told me who like- 
wise said that he sold the other Pattent to John Green for sixty pounds 
and further this Deponant saith not 

JAMES CASTELLAW 



220 COLONIAL RECORDS. 



The Deposition of Cullen Pollock Esq' who being sworn on the Holly 
Evangelist saith that he hath a blank pattent in his hands signed by 
most of the late Councillors & sealed with the seal of the Colony on the 
back of which pattent is a reciept for the purchase mony And fiirther 
this Deponant saith not 

Sworn to Ap» 24'* 1731 CULLEN POLLOCK 

The Blank pattent which I had from my Brother George Pollock and 
made oath concerning had 1,000 marked on the back of it and for that 
sume or Quantity of Land I had it of him I Declare this on oath 

CULLEN POLLOCK 

The Deposition of Thomas Jones Gent who being Sworn on the Holly 
Evangelists saith that he having an Imaginary survey in the month of 
June Last he produced the same to M' Lovick who filled up a Patent 
for the said Land in August or September Last Date<l in the year 1728 
And further this Deponant saith not 

THOMAS JONES 

The Deposition of Doctor G^oi^e Allynn who lieing sworn on the 
holly Evangelists saith that being in Company with a man Living in 
Rappahannock river in Verginia and Richard Everard who on some 
Discourse about Pattents, the said Verginian produced a pattent for 
Lands in Bath County and the purchase money mentioned in said Pat- 
tent appeared to be but Eight pounds Currency of North Carolina tho 
he declared he had paid Eight pound odd in Verginia and that he together 
with M' Vail was Evidence to his paying Two Guineas in part of said 
sum to M' Little and this Deponant further saith that about six or seven 
months agoe being at Mr Greorge Pollocks with M' Thomas Jones who 
having Discourse with Mr Pollock on an Exchange of Lands the said 
Jones agreed to i)art with Two Thousand on Marrattock river valued at 
£200. for a Patent for Lands in haw oldfield which was Blank and a 
reciept on the back of said pattent for y* Purchase money but by whome 
signed this Deponant remembers not & fiirther that he has seen a great 
many blank patents without any number of acres mentioned therein with 
reciept on the backs of said pattent for the purchase money paid but the 
sum not expressed 

And further this Deponant saith not 

Sworn to april 24«» 1731 GEORGE ALLYNN 



COLONIAL RECORDS. 221 



The Deposition of Mr John Nairn who being sworn saith that about 
two years agoe he ran out some Land at w"*** time he saw the said Whit>- 
inal produce a patteut w*** he took to be blank and that to y* best of His 
remembrance the number of acres was not inoerted in said Pattent 

And farther this Deponant saith not 

Sworn to April 24*»» 1731 JOHN NAIRN 

Sir Richard Everard appeared before his Excellency the Gov' and 
Declared he had nothing to Charge M' Moseley with 

By order 

ROBERT FORSTER D Secty 

No Carolina — ss. 

At a Council Chamber^Held at the Council Chamber in Exlenton the 
26'*^ day of April Anno Dom 1731 

Present 
His Excellency Greorge Burrington Elsq' Gov Ac 

{William Smith Edward Porter ^ Esq" Members 

Joseph Jenoure John Bap* Ashe > of his 

Robert Halton Corn* Harnett j Majesties Council 

Ordered that Edward Moseley Esq' Late Surveyor General Do ime- 

diately give in a list of the names of the several dep* Surveyors who 

acted under him while Surveyor General to y* Governour and Council 

and that he Do not presume to take any returns from the said Deputys 

from the Date hereof By order 

ROBERT FORSTER D Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the first day of 
May Anno Dom 1731 

Present 
His Excellency Greorge Burrington Esq' Gov* &c 

{William Smith Edmond Porter ^ Esq" Members 
Nathaniel Rice John Bap^ Ashe > of his 

Rol)ert Halton Corn* Harnett j Majesties Council 

William Little Esq' Late rec' General appeared and produced his 

accompts to the 29 of September 1729 & and prayed ^time for the 

Exhibiting his accounts from that time till his Excellency arrival it 

being objec1;ed that the acco** ought to have Extended no further than the 

29*** July 1729 when the King purchased of the Lords and thereon it 

being debated if the rents that year should be allowed <& and accounted 



222 COLONIAL RECORDS. 



for by the said reciever General The matter was put to a vote and 
passed in the affirmative being the opinion of the Grov' and Council that 
the Rents accrewing that year should be allowed an aooounted for by the 
said Rec' Gen* and his accompts stand accordingly to the 29** of Septem- 
ber 1729 And thereupon William Smith Robert Halton and John Bap* 
Ashe were appointed a Committee to Examine the s* accompts 

By order 

ROBERT FORSTER D Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edeiiton the 4*** day 
of May Anno Dom 1731 

Present 
His Excellency George Burrington^sq' Gov' &• 

{William Smith Edmond Porter "j Escf* Members 
Nathaniel Rice John Bap* Ashe > of his 

Robert Halton Corn* Harnett j Majesties Council 

Sir Richard Everard Bar* late Gov' of this Province appeared again 
at this Boanl & Prayed to have forthwith Depositions taken for the sup- 
port of his Complaints against John Lovick Esq' Late Secretary which 
was granted and accordingly Capt William Downing being first called 
appeared and disposed as followeth Viz* 

The Deposition of Capt William Downing being first sworn on the 
Holly Evangelist Saith that he had seen a blank patent at M' Cullen 
Pollock without any Number of Acres incerted and a receipt on the back 
of the pattent for the purchase money without mention of the sum which 
reciept was signed by M' Little or Lovick & has^ heard of several blank 
pattents in the hands of people but does not know in whose possession 
they were or who told him of it the same being a (Jeneral report 

Sworn to y* 4** May 1731 W DOWNING 

The Deposition of M' Richard Russell being first sworn on the Holly 
Evangelist saith that some time agoe M' John Galland Brother in Law 
to M' Lovick Brought a blank Pattent down to Core sound (as he re- 
members) without mention of number of acres inserted and a reciept 
inserted on the back of said Pattent signed by M' Lovick and the Depo- 
nant not appmving to have y* s* Pattent filled up but at y* Secretarys 
office he sent y* same up to y* said office & had the patent perfected 

And further this Deponant saith not 

RICHARD RUSSELL 




CX)LONIAL RECORDS. 223 



Doctor George AUynn sworn on y* Holly Evangelist saith that a Mes- 
senger Came from Coll: William Read y* 12*** of December 1728 who 
informed him that the said Read was Dangerously ill in so much that his 
life was dispaired of and that he had been two dayes in coming to him 
and that he the Deponant sat off from Edenton the 13^ of the same month 
to visitt the said Read and arrived at the said Reeds Plantation the same 
night when Mrs Reed (wife of the said Colonel Reed) told this Depo- 
nant that her husband Dy^ the day before he arrived & was put in the 
Ground & she the said Mrs Reed and one Banks then present further 
told this Deponant that the said Deced was taken Speeckles and contin- 
ued so till he dyed 

And further this Deponent saith not 

Sworn to May the 4«» 1731 GEORGE ALLYNN 

The Deposition of Colonel Thomas Swann being first sworn on the 
Holly Evangelist saith that to y* best of his knowledge Col William 
Reed one of the members of the late Council dyed in the night between 
the Eleventh and Twelfth of December 1728, as he was Informed. 

And further this Deponent saith not 

Sworn May the 6*** 1731 THOMAS SWANN 

By order 

ROBERT FORSTER D. Secty 

North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 8*** Day 
of May Anno Dom 1731 

Present 
His Excellency Geo Burrington Esq' Gov' &c 

{William Smith Edward Porter "j Esq' Members 

Nathaniel Rice John Bap* Ashe > of his 

Corn* Harnett Robert Halton j Majesties Council. 

Ordered that a Comission of the Peace Issue directed to Henry Gus- 
ton James Millekin William Kinchen William Latimer George Winn 
Arthur Williams John Holbrook John Speir Phillip Walston Needham 
Bryant Doctor John Bryan John Soan John Dew John Harrord Johnn 
John Edward of Roanoke & John Hardy Grent Constituting and appoint- 
ing them Justice of the peace for y* precinct of Bertie 

By order 

ROBERT FORSTER D Secty 



224 COLONIAL RECX)RDS. 



North Carolina — sh. 

At a Council held at the Council Chamber in £denton the 12*** day of 
May Anno Domini 1731 

Present 
His Excellency Greo Burrington Esq' Gov' &c 

{William Smith Edmond Porter ^ Esq" Members 
Robert Halton John Bap* Ashe > of his 

Con* Harnett j Majesties Council 

To his Excellency George Burrington fjsq' Cap' General Governor Com- 
ander in Chief & Admiral of y* said Province 

The Complaint of William Little in behalf of himself and other 
Executors of Colonel Harvey and for divers other persons Late suflFerers 
of the Court of Admiralty here 

Your Excellency having been pleased in Council to signify and in- 
struction from his Majesty to have the complaint of any ()erson injured 
here lately by the oppression of those in the Aministration of Justice 
the said Complaints beg Leave to lay before you the proceedings of 
Edmond Porter Eisq' Judge of the admiralty and others under him who 
refusing and disn^rding Prohibitions the usual remedy in such cases 
hath divested the Subjects of the Benifit of the common Law which is 
Evety Englishmans birth right & an Incroachment on the rights & Lib- 
ertys of the subject in subversion of Justice and in Violation of y* Laws 
of the Realm for barely suggesting of which some have been others 
severely and censured in a very high manner contrary to the Equit- 
able proceedings of all Courts of Justice where every man without fear 
dread ought to have free Liberty to make his Defence the s* Judge pre- 
tending such prohibitions to have been a Contempt to his court as hath 
been pleased to stile it not Consideriug the necessity there was for some 
stop to have been put to such violent & Illegall proceedings & indeed as 
it hath been ruled at Law prohibitions are not discretionary or ad Libi- 
tum but ex Merito Justina and the denying them is said to be denying 
the benefitt of the Common Law Every Englishmans birth right & the 
reason is Manifestly Given in the books where its said 

If there be but probable cause it must be granted ex Debite Justicca 
for if granted where it ought Not the other party Remedy by con- 
sultation but if denyed whereto be granted the party is without remedy 
And the Statutes of Rich* the Second and other doth most fully restrain 
the Admiralti from Intermedling with any thing Done or Riseing within 
the bodies Counties by Land or water Indeed Disputes have arisen on 
the Construction of those Statutes and the Extent of the admiralty Juris- 



COLONIAL RECORDS. 225 



diction but your Comp*" concieve when the Late proceedings & Decrees 
of this Court are fully represented they will appear without y* Least 
colour of excuse and they bare re of them they think without any 
reflection made will sufficiently the oppressions & Grievous injuries peo- 
ple have sustained thereby A plain narrative of which they now Hum- 
bly b^g Leave to ofler 

1 The first case in that Court after Judge Porters arrival was Trotter 
V Northy for 1516 bill money not of the Value of three shillings ster- 
ling & was for a Tavern Score at an ordinary in Edenton and tho a 
prohibition was obtained, thereon it was not regarded by the s* Judge 
who proceeded to decree the Debt and costs and taxed the costs to about 
Twelve pounds or upward & the poor man was put into Gaol ujion it in 
Execution while a small Vessell he was Master of lay Exposed all the 
while the voyage and Business hindred and Chiefly by means of this and 
the next suit the said Northy suffered so much that at last he broake and 
went of Laving a poor family in a very helpless condition 

2 The next suit was Allyn v Northy Layd for Damages aledged in 
the Libil it self to be an agreement at York river in Verginia & so infra 
corpus comilatus and the DeP too tendered his oath which if admitted 
must have discharged him but all did not avail he was Condemned & 
Exorbitant fees Taxed on him and he was Committed to Close prison in 
Execution tho there was a prohibition granted 

3 Another affair in the said Court was concerning a Ship from Guina 
cast away at Curratuck belonging to some Merchants in Bristol the Mas- 
ter was Drowned but some of the men saved & Goods & effects to a very 
great Value which were seized and Confiscated by the said Judge & 
officers Except a small matter allowed one or two of the sailors was 
kept by the said Judge and his officers and tho the act of Parliament 
requires in such eases that the Collectors take care of such Wrecked 
Groods which no way belong to the Admiralty Judge yet the Collector 
was not permitted to Intermedle therewith 

4 Another case was between Sir Richard Everard And Christopher 
Gale Esq' the Cheif Justice who indeed by the priviledge of his ought to 
have been exempt from said Court the suit was for money lent at Land 
as the very Li bell aledged only was said to he borrowed to Pay a passage 
from New Yorke which was all that had any Colour of Marine Neature 
in it a prohibition was thereon obtained but disr^arded & decree past 
for the Debt and Excesive costs taxed thereon and notwithstanding an 
appeal made yet Exetnition was granted and your Compl*" further alledge 
that the said Christo' Cxale which Chief Justice notwithstanding the 

29 



226 COLONIAL RECORDS. 



privolidge of his office was by an admiralty Warrant from said Porter 
made a prisoner and held in Custody in a most Violent and Illegal 
manner 

5 Another case in that court was Brought By a poor mariner belong- 
ing to a Vessell cast away that sued for his wages but the Master being 
advise that the wages were due there being effects saved & that the mas- 
ter was cognizable in Admiarlty Comply'd with matter but the sailor 
first went to the Roister to know the Charges who told him it was 
matter these having no court held on it upon which was Compromised 
& the Sailor discharged the Master and told the Register to dismiss the 
suit but afterwards Judge Porter refused to permitt it to be so dismissed 
Saying his Court should not be made a of and held his court not- 
withstanding & Condemned y* for not prosecuting his suit in exces- 
sive fees & charges & the the sailor being poor and unable to pay it to 
save himself from being thrown into Goal thereon was forced to sell 
himself into servitude to discharge the matter 

6 Another affair in Admiralty was at Port Beaufort where the pro- 
ceeding were so Violent and Arbitratory that it hath been so deservedly 
Exclaimed against in other countrys three Vessells and their Cargoes 
were seized & prosecuted tho not the Fraud or Coulor of it appeared 
the Matter was there was Some Dispute between two persons about the 
Naval office the old Officer refuseing on some pretention to deliver up 
the office till further orders from the Governour Still Continued to act 
and the new Officer Claimed it the Masters who as it appeared too were 
Ignorant of the matter on their Arrival Entered with the old officer who 
still continued acting in the office upon a consultation with the then 
Grovernour Sir Richard Everard & Judge Porter the said Vessells and 
Cargoes were seized and Libelled on the statute 15*** Charles IP that 
forfeits Vessells and Cargoes if thcmaster does not Enter a Report or 
Manifest of his Cargoe with the Naval Officer on Tryall notwithstand- 
ing all the disadwenture the master were under the proceeding appeared 
so Barefaced & not the Least colour of Fraud in them that the. Judge 
acquited the Vessells that were seized which if the act was broak ought 
to have been Condemned & an Injuries was done to the King in acquit- 
ting them. & if the act was not broake there was no offence Committed 
and the Libell should have been dismissed & the parties acquitted from 
any costs but the masters were Condemned in the most excessive costs 
and Charges amounting to several hundred pounds to satisfye which 
their cargoes nay their sail and rigging were siezed & exposed to sale 
which wholey disposed their Voyages and utterly ruined some of them 



COLONIAL RECORDS. 227 



to the exceeding great discouragement of Trade & Great Complaints was 
made thereof from the owners of New England to the Government here 
and the matter in the General Assembly was voted a great Geivanoe & 
remonstrated In an adress to the Grovernour as such for some redress but 
thro the Indolence or favour of Sir Richard Everard then Gov' the 
matter was husht and no remedy cou'd ever be obtained 

7. Another affaii; in Admiralty was at Bath Town on as frivilous pre- 
tence on West for Entering as was pretended with the wrong officer on 
which the man was condemned and thrown in Goal & obliged to pay 
seventy pounds to be released & coming to Edenton thereon for redress 
was unfortunately drowned. 

8. Another Case before the Judge was between Cook and Phelpson on 
agreement at Core sound to pilot a Shallop to an Inlett some little dis- 
tance in the same precinct and the vessell was Lost (tho no fault appeared 
in the Dep^ nether) and on suggesting that the contract made at Ijand a 
prohibition was granted but disregard and the Defendant condemned in 
Damages & Great cost Committed to Goal in Execution 

9 Another affair in said Court was conoering a Boat belonging to 
James Trotter of Edenton the Judge under some slight pretence that she 
Ijelong* to the Bristol man cast away mentioned in the third Article fore- 
going tho in truth it was not so) onlered his Marshall to seize her which 
he did & sold her without stny.contestatian of Title permitted to the said 
Trotter tho Claim was made by him who wholey Lost the vessel thereby 

10 The next case before the said Judge was the Famous case against 
Judge Harvey Exec" who was formerly Judge of the Court of Admi- 
ralty here It would be too tedious to repeat y* whole proceeding here 
which were (»rryed on in unparelled manner there was three distinct suits 
made of it for what Reason is very obvious when it is considered what 
y* fees amounted to in every case according to the method in that Court 
used tho it is plain no new suit at all ought to have been Instituted therein 
if there had been occasion for any Inquiry in affair The matter was the 
collector at Bath some years ago had seized some goods of one Capt Phippen 
for w*** he cou* pro** no Cocketts (tho the collector as was then offered to be 
made appear told the master he would pass the matter by for a peice of 
Calico) a suite was brought for the affair before Judge Harvey & on hear- 
ing the master alledged some accident and prayed time to produce some fresh 
certificates whereupon the Judge ordered the goods to be appraised and de- 
livered the owner on his Giving security in a limited time to return cocketts 
on Dei>oHit the money to be forfeited in case of failure of the Goods appraised 
at Fifty pounds which was Called Stirling and the money was allowed 



228 COLONIAL RECORDS. 



by the Judge to be deposited at 50 *^ cent in Bills agreeable to y* Laws 
of the Country as in all Bills Bonds <fec Sterling were to be paid & the 
master finding it would be a great Charge to send for fresh Cirtificates or 
thro neglect failed in the time Limitted to produce them and the money 
deposited was according to the decree of the court forfeited & Distributed 
as the Law Directs so the matter rested for some years till stirred by 
Judge Porter who writt to M' Ottvall to forward the matter which at first 
was pretended to be only concerning the Informers part there being some 
private dispute about it between the colector and the attorney that prose- 
cuted it who by agreement with the collector was made Informer and 
prosecutor in the original suite by the thing grew upon hand till at length 
three found suites were made of it against the Executors of Judge Har- 
vey deced & against William Little Agent therein pretending Judge 
Harvey had done amiss in suffering the money to be paid at 50 ^ cent 
& that the said agent had done amiss in recieving and paying it so tho 
by order of the court & tho it was subjected that if Judge Harvey had 
carry e<l in his Decree any person Grieved might have appealed & that 
Judge Porter the present Judge was not supreme Judge to reverse the 
Decrees of the former Judge mucli Less could he subject his Estate to 
Damages about it Especially since it was appearent Judge Harvey 
recieved nothing of it nor any gainer by but on acted Judicially therein 
and the affair properly cognizable before him and in behalf of said Little 
it was objected that he reced and payed by order of court and cou'd be 
Lyable for no more that he reced and it was farther objected too that 
regularly no new seut» should have Been brought upon it only the former 
parties cited in an examination <fe Enquir)' duly made if the former decree 
had been done and Executed if not then to have comply d with and so 
was Judge Porter from home on his of the affair Directed to have 

proceeded upon it but notwithstanding all this Judge Porter proceeded 
upon several Extraordinary decrees to condemn Judge Harvey Estate in 
Damages and costs amounting to several hundred pounds to make good 
out of his Estate what Judge Porter was pleased to Imagine Judge Har- 
vey ought to have decreed and the said Little was condemned great sums 
to make good what Judge Porter was pleased to Imagine s"* Little ought 
to have reced tho he both rec'd & p* according to Judge Harveys order 
whose estate too at the same time is Condemned for making the order so 
<fe tho nothing is Plainer than that the said Little could be accountable 
for no more than he recieved by the courts order that appointed him 
Agent therein 



COLONIAL RECORDS. 229 



From these decrees an appeal was made to his Majestys Councill & 
Security offered but it was dcnyed by the s* Judge tho in such cases 
appeal from the plantations can to his Majesty because they are not 

cognizable before y* Judge of the high court of admiralty in England 
Seizure & forfeitures on the acts of Trade l)eing Tryable at Common 
Law only & are there brought in the Exchequer but in the plantations by 
a special act of parliament are made Triable in the courts of Admiralty in 
the plantations but that give the court of Admiralty in England no juris- 
diction of it & Therefore it is that all appeals in such cases from the 
courts of admiralty in the plantations are to the King in Councill also 
and on suggesting all these Extrajudicial procee<lings prohibition was 
obtained but wholey disregaixled & Exet^ution made out against the said 
Littles Estate, & his Instate seized thereon which was aftem^ards Replu- 
reic^ & on Tryal at Common I^aw discharged) the P^xecution in Admi- 
ralty after such appeal interpose<l and prohibition to y* Judge being 
Deemed Null and void, whereupon the said Judge Porter afterwards 
Granted another Execution for the very same matter matter against The 
said Little Body who was violently taken into custody & his House 
attempted to l)e broak open and he to save himself from Groal was com- 
pelled to pay the very great sum of money which the Porter recieved 
himself as can be proved and as farter instance of the said Judges unjust 
and partial proceedings the complainants AUedge that said William Lit- 
tle haveing in the suit aforesaid Excepted against the said Porters being 
Judge in his coure for the open and known Enmity the said Judge bore 
him and accordingly put in his plea Recusation & tho it was drawn in 
the very form and manner Directed in the civill Law books which in 
such cases allways allow it a sufficient Yet the said Little was by 

the said Judge very harshly Treated for it & fined the sum of one hun- 
dred pounds & some time after notwithstanding there was prohibition & 
an appeal two for the decrees yet the said Judge before any Admonition 
given which the course of those courts require made out Execution 
s^rainst the said Littles Body upon it who was taken unto custody by the 
Marshall who by the Judges Express orders attempted to Dragg the said 
Little out of his sick Bed where to appear and he Lay dying not able to 
get out of his Bed but as helpt which in human action was lookt only 
all as a Shocking instance of the Judges Malice and Barl)arity proceed- 
ings tho it sufficiently showed what reason the said Little had to make 
his accusation against him. ^ 

And further the said Complainants alledge that in the said suite they 
applyed to the Register for copies of the said Decrees they were told by 



230 CX)LONIAL RECORDS. 



him he had them not but tliat the Judge had Carryed them not but that 
the Judge had Carryed them out of Town to correct & amend & some 
days after the said Judge having returned them to the Roister he then 
refused to sign copies of them alledging they had been altered & he could 
not on oath cirtify them for Copies of the Decrees passed in Court so the 
Def* could get no copy of them 

And the said Complainant alledgist complaint they have great Reason 
to bel've and Give Sufficient grounds for it that the said Judge hath 
often promoted and forwarded suits brought before him and hath been 
assisting in Drawing Libels if not Wholly Drawn by him who some 
time agoe gave out that he had Elleven Libels ready on proper Occation 
which were Understood to be Chiefly against such as he had known 
hatred and Enmity too and the said Judge having tho without any foun- 
dation as the Compl*" believe Informed the Hon" the Commission of his 
Majesties Customs that there was in this Country great frauds and con- 
cealments of the Kings monies he was more Upon by them Impowered 
to Recover the same at his own court on and agreement an agreement as 
the Com**" has been informed to have part of what should be Recovered 
and there upon the said Porter hath Caused suits to be brought against 
persons before himselfe and so was Judge Impropera Causa l)eing therein 
both Judge and party which is Manifestly Unjust 

11. Accordingly suit was brought before him in the Kings name 
against Christo' Gale Esq' about a Bark Cast away at Core sound many 
years agoe and tho suit were brought in Admiralty in the time of it to 
condemn her for the King and the Decree was against it and the said 
Grale appointed one the agents to Keep the Effects saved for the owners 
after Salvadge and wadges paid which Effects fell much short of. Yet 
now without the least real reason suits is brought in the Kings name 
and great Vexations and trouble Given the Def* for which it being 
Craftilly Done in the Kings name no Cost Could be obtained for time 

The next suit in the said Court was brought by Sir Richard Everard 
against David Osheal and Bond entered into at Edenton as security for 
the faithful 1 Discharge of a Naval office which l^eing so Clearly out of 
the Admiral tys Jurisdiction a prohibition was granted which was not 
only Disrc^rded as Usuall but it was deemed a Contempt to the Court 
to offer and the said David was fined £50 and Imediately by the Judges 
Order Draged away to the Common Goale in a verry rough manner 
which was broke open on the occation And with the Judges assistance 
the said David was thrust in and another Lock put on and he Loct up 
and kept till weary of so Noisome a place the Gent was compelled to 



COLONIAL RECORDS. 231 



pay the money to be Discharged which the Judge also recieved himself 
Another suit in Admiralty was brought in the name of the King on 
the foremeutioned pretext of Monies Due to the crown Consealed against 
William Ijittle for the Kings third of a small Seizure made at Bath 
Eight or Ten Years agoe when the said Little was appointed agent and 
the Condemnation money came into his hands and tho it appeared by 
Accounts that the Kings third amounted to but £39:7 bill money and the 
said Little offered the Judge a full Discharge from the collector for the 
Kings part and tho no pro8e(^ut€ appeared yet the said Judge would 
retain the suite and compelld the Def* to give Baile to the sum of £600 
this Currency and tho it was Urgeil that no Baile Shoold be required 
nor no new suite Indeed Instituted only the partie Cited to shew and 
that such Excessive Bail was againts Magna Charta and the Laws 
and Liberties of an English Subject it did not availe the Judge replyd 
if the Def* was Cleare the Baile Could not be no harme not Considering 
how unjust it is to be Deemed Exorbitant Baile and how Difficult it 
might be for the Deffendant to find such Lardge Security which if he 
did not he must have gone to Goale 

12 Another Suite also was brought against the said Little who being 
reciever of the Tenth of the fishery had recieved a small Quantity of Oyle 
in Certain Contracts made at Land with the Whalers but being so Noto- 
riously wrong in the matter and since the present settlement and support 
of the Lawes finding a prohibition Coming he thought fit to Dismiss 
the suite himself 

13 the Last prosecution in his Court was against the saide Little and 
William Mackie Esq" provost Marshall and Robert Faster Grent the 
Court, the said Little finding prohibition being Disr^arded and no stop 
to be put to the said Judges Arbitrar}' prwreedings for the Injurys done 
them and for the monnies so Unjustly Extorted from them brought 
action at Common Law against the said and his Marshall upon which 
these prosecutions were brought in Admiralty Viz* against the saide Lit- 
tle for Ofering to comence seuites and against the Clerk of the Common 
Law Court for Granting process and the Marshall for serving them In 
high Contempt of his court as the Judge was pleased to Call it which 
Suites has been Drapt to such Unheard of proceeding while the reignes 
of Govem* were so loose in the late times caused an uncomon ferment 
among the people now knowing where these Violencies would end one 
thing more Your Comp'** beg leave to observe that altho the admiralty 
fees are here stated by I^aw and verry high too Yet the said Judge with- 
out any regard to them or having any Instructions or LawfuU warrants 



232 COLONIAL RECORDS. 



Arbitrarily asumed to Impose what costs he pleases and hath Constantly 
Done it in a very Exhorbitant manner and as appears by afor^oing 
Case above It is Teen time more than the Debt 

May it please your Excelly Your eomp^** having now gone there with 
the Narrative of the Cases into y* Court that they avoid making any 
Reflections on them or giving those terms the proceeding really deserve 
& would be natural on such occasions being satisfied they must appear so 
Monstose that they rely upon Representing the bare facts but b^ leave 
only to make this observation that these are all the cases that have ever 
been before the said Judge and Unhappily for the Judge it is remark- 
able that in Every one of them he hath most apparently proceeded with 
partiality and Prejudice or Extrajudicialty in an arbitrary and unlaw- 
full manner in oppression of the subject and manifest Preversion of the 
Justice whereby your complt^ and divers others have been greviously 
Injured which hath Induced them to lay the Complaint before your 
Excelly to whom the matter in most humble manner is submitted humbly 
praying that the said Judge may thereon be suspended or the matter be 
represented & and such course taken as your Excelly in Great Wisdom 
shall thereon think Just and proper W" LITTLE as Sup 



North Carolina — ss. 

At a council held at the Council Chamber in Edenton the 14*** day of 

May Anno Domini 1731 

Present 

His Excelly George Burrington Esq' Gov' &c 

r William Smith Edm^ Porter ^ Esq" Members 

the Honoble < Robt Halton J no Bap* Ashe V of His 

( Corn' Harnett j Majestic Council 

His Exce"^ the Governor was pleased to deliver a paper directed to 
this Board in the ffollowing words Viz* 

Gent of the Council 

Some debates arising yesterday at the Board upon Enquiry of the 
affair of the late councils Complaint against Sir Richard Everard Bar* 
late Grov' pursuant to his Majesties Instructions which I think were 
fully clear* up and being willing to have those matter then debated aper- 
tained in such manner as I may before I proceed further know you senti- 
ments therein I desire your oppinion and answer in writting to the 
following Question if his Majesty Commands one by an Instruct 
tion to Enquire into any affair or if any thing comes before me to be 



COLONIAL RECORDS. 233 



Enquired into for his majesties service & for my better direction therein 
I lay the same before the Council Whether as it is their Duty to advise 
me in all affair of Governm* the Council is not oblidged in such Cases 
to give me their Oppinion & altho the affair be directed to me only and 
the council not mentioned 2* — this affair of Sir Richard Everard 
being only an Enquiry in order to form a prosecution thereon if it shall 
be found Necessary I desire Your oppinion Wheither any Persons being 
Compl** is a Sufficient objection against their Evidence being taken to 
prove any matters they have Informed on their own knowledge 

GEORGE BURRINGTON 



North Carolina — ss. 

At a (x>uncil held at the Council Chamber in Edenton y* 15*** day of 

May Anno Domini 1731 

Present 

His Excellency Geo Burrington Esq' Gov* &c 

( Will Smith Edm* Porter ^ Esq" Members 
theHonoble< Robt Halton Jo* Bap Ashe > of his Majesties 

( Corn' Harnett j Council 

His Exce"^ the Gov' delivered the following paper to the Board Viz* 
Gent of the Council 

Upon a Message from the Lower house Last Tuesday Concerning 
assistant Judges Seemed the oppinion of the upper House on {>enising 
the Cheif Justices Warrent that he had by it the sole power of holding 
the General Court but upon Reading my Commission and the Eight 
Instruction I see his Majesty has directed me to appoint Assistant Judges 
which Instruction I now lay before you and your opinion upon the fol- 
lowing Queries: 1. Whether assistant Judges appointed pursuant to 
that Instruction have not power as such to give Judgment in all Cases 
as Judges in Great Brittiau do? 2. Whether the allowing the Chief Jus- 
tice to be Sole Judge would not Establishing a common Ijaw Court con- 
trary to the Constitution of the English Ijaw and against the meaning 
of his Majesties Eight Instructions to me and in the Choice and Nomi- 
nation of the Members of our said Council as also the Chief officers 
Judges Assistants Justices and SherriflFs you are always to take Care that 
they be men of good life and well effected to our Grt>vernment & of good 
Estates and abilities and not necessitous persons the Eight Instructions 
near the Meddle of my Comission are these word following 

And we do hereby I m power and authorize you to cx)n8titute and 
appoint Judges and in Cases Requisite Comisioners of Oyer & Terminer 

30 GEORGE BURRINGTON 



234 COLONIAL RECORDS. 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 18*"* Day 
of May Anno Domini 1731 

Present 
His Excell^ George Burrington Esq' Gov* &c 

r William Smith Edm^ Porter ^ Esq' Members 
the HonbIe< Rob* Halton Jo" Bap* Ashe V of his 

( Corn' Harnett j Majesties Council 

Ordered that a comission of the Peace Issue for tlie the Precinct of 
Curratuck Directed to Tho' Taylor Sen' John Etheridge John Wood- 
house John Mann Moses Linton Henry White Francis Morse Ralf 
Mathan Tho' Robbs John Martin Richard Hodges and Tho* Davis 
Grent Constituting and appointing them Justices of the Peace for and 
within the said Precinct 

Ordered that a New Commission of the Peace issue for the P'cinct of 
Perquimons Directed to Machrora Scarborough Richard Sanderson Jun 
Ezeakiel Maudlin John Wiat Samuel Swann Zebulon Clayton Jacob 
Perry James Sumner James Norfleet Thos Doctou Thomas Norcom 
Thomas Spri^ht and Moses Spri^ht Gren* Constituting and appointing 
them Justices of them Justices of the Peace for and within said P'cinct 

Ordered that a New Commission of the Peace Issue for the P'cinct of 
Pasquetank Directed to John Palin Esq' John Solley David Bailey 
Charles West George Linnington Simon Bryan Thomas Palin John Boyd 
Nath* Hall Gabreal Burnham John Relph Aliell Ross Joseph Reading 
James Pritchard Gent Constituting and appointing them Justices of the 
Peace for and within said precinct 

The Council desiring tlie Gov' they may be paid as usual Ten shilling 
a day paper money of this Province Each for their attendance During 
the time the Assembly were sitting pursuant to the Resolves of Both 
Houses the same being usual and Customary and also that their Demands 
may be Entred upon the Council Journal to which Request the Gov' 
answered that he agreed the Request or Demand afore Said shoidd be 
Entred in the Council Book but would sign no Warrent for the pay- 
ments of either the Council or house of Burgesses until lie had Recieved 
Orders from the Lord of Trade and plantations. 

John Bap* Ashe Esq' delivered in the two following Papers to His 
Excell^ the Grov* and pray'd the same might be Entered in the Council 
Journal which papers are these words Viz* 



COLONIAL RECORDS. 236 



To His Exoelly the Gov* 

May it pease youk Exoelly 

In answer to the Query put by you relating to the bill of Ascertain- 
ing officers Fees and payments of Quit rents I say 

As it is known and Confesed by all people that there is not Gold or 
silver Coin Enough in the Country to answer y* above one Tenth part of 
the payments of Rents 

I am of oppinion that the Assembly have Endeavoured to answer his 
Majesties Intention as near as may be in proposing something as are 
Equivolent & if I am rightly Informed that Tobacco in Verginia at 
ten shillings ^ Hundred Equivolent to there Currency of their Tobacco 
here & I take Eleven shillings *^ Hundred will appear to be an equivo- 
lent to proclamation Money being nearest as ten to Eleven and if and if 
a Clause be incerted in such act declaring that it shall not take Effect as 
to the Rents His Majesty be pleased to confirm or approve the same I 
think the King can recieve no prejudice thereby and what makes me 
propose such a Method is that provission might be immediately made for 
officers Fees & roistering of Rents His Majesty having in his nineteenth 
Instruction directed that all those Matters should be Included in one and 

the same act. 

JOHN BAP ASHE 

May it Please your Excelly 

Having this prepared at the Day appointed for the Consideration of 
your Excellys Query to which it is an answer & your Excelly before 
putting it in prorogued the Assembly I not withstanding prefer it to 
shew your Excelly I would in the least be backward in Complying with 
any of your Excellys Comand 

JOHN BAP ASHE 

To His Excelly the Gov' &c 

In answer to the paper put into the Council by your Excelly relating 
to debates which had arisen at the council Board on the Emjuiry of the 
affiiir of the Late Councils Complaint against Sir Richard Everard Bar* 
Gov' which you say were not fully Cleared I beg leave in ortler to put 
that matter in a Clear light to recite it just as it happened some of the 
Council observing His Majesty in his Instruction to your Excelly relat- 
ing to that affair had stiled both sides parties and (as it were) seems to 
have Directed that their Respective all^ations should have been sup- 
ported by Witnesses ordering that they should have free Liberty to 



236 COLONIAL RECORDS. 



Examine Witnesses Observing Likewise that Sir Richard Everard Bart 
had not Offered his own Evidence to support his charge against any of 
the council observing moreover the great heat and Animosity which 
seemed to he between both parties doubted Whether they mought be 
admitted as Evidences to support their own Charge upon this your 
Excelly was pleased in very Express & Emphatical Terms to declare 
you are resolved to admit them and immediately thereon Demanded the 
oppinion of the Council wither these should be admitted as Evidence this 
with due submission be it spoken I did not look as a becoming Treatment 
of his Majesties Council from the Gov' and therefore as you had in so 
positive a manner given your Resolution I then forbore giving my oppin- 
ion in which I hope I transgressed not the Rules of good manners and 
all was out of my Duty and now in answer to your first Question with- 
out presuming to Determine what his Majestys Council is obliged to do 
I assure your Excelly that for my part in all affair of Government 
wherein I ought and shall be consulted I shall out of the great Loyalty 
I bear to his Majesty's Shew a great Readiness in giving my oppinion or 
Indeed of doing whatever else in me lyes which may conduce to His 
Majesties Service 

As to your second Question I b^ leave to refer your Excell^ to what I 
have said before in Relation to the observation on his Majesty's Instruc- 
tions which If it be not thought of sufficient weight as the Question 
Seems as stated by your Excell^ to be a point of Law and Indeed the 
Gent of the late Council having desired Council to be heard on it I b^ 
leave to suspend my Judgement till (by hearing what their Council shall 
offer to maintain That tteir own Evidence will be sufficient to support 
their all^ation) I shall be better Informed I beleive indeed on a Crim- 
inal prosecution an Informer may be admitted as an Evidence for the 
King but then in such the Crime & it nature ought (as I take it) to be 
precisly and Expresly alledged and set forth 

JNO BAP ASHE 

William Smith Edmond Porter Jno Bap* Ashe and Cornelius Harnett 
Esq" delivered the following paper To His Exoell^ & prayed the same 
might be entered in the Council Journal which was in these words Viz' 

To His Exceli/ the Governour &c 

We are surprised that Instead of the usual method of openly debating 
by word of mouth in Council and after debate of entering resolutions 
your Exoell^ is fallen only into this of only stating Questions in writing 



COLONIAL RECORDS. 237 



and Demanding answers thereon. What lead us to take notice of this is 
that your Exoell^ having been of the same oppinion with us in this case 
relating to the Message from the Lower House of Assembly Concerning 
the assistance as will appear by the answer to the said message as you 
now have if you have altered you oppinion perhaps on hearing argument 
used by you which may have moved you we might be convinced and 
Retract with your Ex(«ll^ But since it is your pleasure we submit to this 
Method 

And in answer to your first Question after premising that in his Maj- 
esties Eight Instruction there is no mention made of Assistant Judges 
but only of assistants (not saying what Assistants) and that we think it 
with submission improperly said assistants Judges Appointed pursuant to 
that Instruction because that Instruction directs not nor Comands the ap- 
pointment of Aasitants but only supposing it prescribes realy to be ob- 
served in Choosing fitt persons for that among other offices So that no In- 
ferrence Can be made from thence but of those being (and that only by 
Implication) none of their power therefore till we are better Informed 
what is their Power we Think we cannot pretend to Determine whither 
it is Equal in all cases to that of Judges (not saying what Judges) in 
Great Brittain. 

But perhaps your Excelly may Object to us that we (by Implication 
at least) acknowledge their being or that they may be & may ask what 
then is their power or use to obiate which we answer to Inform & advise 
if in the Chief Justices or the Supream Courts) as we conceive and not 
to adjudge and in this senoe we believe the word assistant to be taken so 
the masters in chancery are styled assistants to the Chancellor 

As to your Excellys Second Question we say that we find that his 
majesty in his Warrant for that purpose Orders and Directs that Let- 
ters pattants be passed Constituting and appointing William Smith Esq' 
Chief Justice of this Province with full power & authority to hold the 
Supream Courts of Jyudicator &c Now we b^ your Exce"^ to give us 
leave to ask Whither there is a power greater than a full power & Au- 
thority requisite to hold Such Courts No to this whole Query we answer 
therfore negatively because we are of Oppinion such Establishment is 
not Contrary to the Constitution to the Constitution of the English Laws 
nor Indeed to his Majesties 8*** Instruction. 

But had our Oppinion been otherwise we ought Rather Modestly & 
Cautiously to have represented it to his Majesty than to have reflected on 
his Justice by asserting it in such a manner as an affirmative answer to 
this Queery (it should seem) would lead us to As to the paragraph 



238 CX)IX)NIAL RECORDS. 



recited out of your Excellys ComissioD We beg leave to say that we Can- 
not See how that is applicable to the present case because there may be 
Other courts and Judges whose Authorities Interfere not with that of 
the Chief Justice & his Or the Supream Courts & that such may be 
appointed I beleive none has Denyed nor Indeed do we deny but Assis- 
tants may be in his or the Supream Courts with their proper power but 
we think we have hitherto found no Sufficient Reason to Remove us 
recede from the answer we gave to the Message of the Assembly Viz* 
That the assistants had not a Judicial power 

WILLIAM SMITH 
EDM* PORTER 
JNO BAP ASHE 
CORNELIUS HARNETT 

Mr Chief Justice Smith deliv* to His Excelly at the Council Board 
the following paper which he Desired might be Entered on the Council 
Journal which was in these word Viz* 

To His Excelly the Gov' 

Since your Excelly has been pleased to demand an answer in writing 
to two Queeries preposed to us by your Excelly I with great Chearfull- 
ness Embrace the oppertunity to Declare my Sentiments which hitherto 
I have been forced to conceal being Deterr* therefrom by the Displeasure 
of your Excelly whenever I was so unhappy as to DiflTer in oppinion 
from you I cannot but think y* Qeeries proposed by you Excelly to be 
very Extraordinary at this time seeing that after the whole Council very 
much Doubted whither the evidence of the Gent of the Late Council 
ought to be taken in their Own behalf your Excelly was pleased to 
declare that you was Bound in Honour and Consience to take their Evi- 
dence so that with due submission this Queery seems to be unnecessary 

In answer to your second Queery I humbly conceive that His Majesty 
by his Instruction Calls both Sides parties & by His Directing Each 
partie to Examine Witnesses it may easly be Imagined that his Maj- 
esty expected that they should support their charge by other Evidence 
than their own It is very unaccountable that the Gent, of the Late 
Council should have nobody but themselves to make out a Charge in 
there are several things that one would think must have been known 
to many Others and by their praying that it might be put off till the 
return of M' Gale when it is very much to be doubted whither he will 
ever return & when it is well known that Sir Richard Everard pretends 



(COLONIAL RECORDS. 239 



to leave this Province within a few days Seems to make the Char^ 
without any foundation & to be only the Effect of personal resentment 
without any View to the service of his Majesty or the Interest of thi» 
Province 

9 

These may it please your Exoelly are my humble Sentiments and I 
have no Other End than to do my Duty in my Station So I never 
shall be lead into arbitrary and Illegal measures tlirough any Tempta- 
tions of Fear or Interest 

WILLIAM SMITH 

Adjourned till tomorrow morning 9 of the Clock 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 20*** Day of 

May Anno Domini 1731 

Present 

His Exoelly George Burrington Esq' Gov' &c 

th H 11^ William Smith Rob* Halton 1 Esq" Members of His 
\ Jos Jenoure Corn" Harnett j Majesties Council. 

John Montgomery E^' produced to this Board His Majesties Warrant 
under his sign manuel directing that Letters pattents Issue under the seal 
of this Province Constituting & appointing him the said John Mont- 
gomery Attorney General therein 

Ordered that L*" pattent Issue for the same 

M' Chief Justice Smith declaring that there was not a Council Suf- 
ficient to do business the Gov' in answer thereto Acquainted the Board 
that he yesterday morning directed the Marshall to summons all the mem- 
bers of Council and the Marshall being called acquainted the Board that 
he Summoned M' Smith M' Jenoure M' Halton M' Porter M' Ashe and 
M' Harnett which (Except M' Secty Rice who was gone to South Caro- 
lina) are all the members as yet Qualified to attend the Gov' in council 
this day at nine of the Clock in the forenoon 

M' Chief Justice Smith resin'd his place as a member of his Majesties 
Council for this Province 

His Excelly the Gov' Returned and answer to the paper given in at 
this Board the 18"* Instance by M' Chief Justice Smith in these words 
Viz* 

M' Chief Justice 

the King having Comanded me to Enquire in to the Complaints made 
to his Majesty by the late Council against Sir Richard Everard late Gov' 



240 CX)LONIAL RECORDS. 



and by Sir Richard to the Duke of Newcastle against several members of 
the then Council I was to proceed therein with the utmost care & Cau- 
tion and having and having had your Cheerfull assistance in taking 
Depositions on Sir Richard Complaint against the members of the 
former Council I expected the same readiness upon Enquiring into the 
Complaint against Sir Richard in which are some things that concern his 
Majesty's Person & Dignity & for my better Guidenoe in so nice an 
affair I was desirous in several matters to have the advice of the Council 
but found so much warmth in some and so much backwardness In others 
that Induced me to put two short and plain Queeries to the Council that 
required only as short plain & Direc^t an answer but Instead of M' Cheif 
Justice has in a long paper flew of from the plain Matter Stating it Dif- 
ferent from the Questions I put & wide of the purjxjse you maketh doubt 
to be as you word it whither the Evidence of the late Council ought to 
be taken in their own behalf tho it is manifest the enquiry is in behalf of 
the King & having once got out of the jiath you go on further in the 
same way and say hLs Majesty nameth both sides Parties and would inferr 
from thence that these Gen' in their Information are parties in it as tho 
the Enquiry is to be carr'd on by order of the King in their behalf is 
the Cheif Justice in earnest in this His Majestys Instruction is to make 
Enquiry into the Compl** and if found needfull to make a prosecution on 
it & I dare sav the Chief Justice will not denv to mlmitt those Gen' that 
Informed or Complained against Sir Richard to be Evidences for the 
King in Case prosecution is Onlerwl pray then M' Chief Justice how 
can I fully Enquire If there ho suflficient grounds or not for a Prosecu- 
tion if I may not have the same Evidence that may lx» given on the prose- 
cution & as the prosecution if Ordered would l)e in the Kingl)ehalf also 
& I shall think the Chief Justice ought to lx» tho Ijast man to del)arr the 
King from the Evidenw that may any wise appear in his l)e»half I can- 
not tell what Turn might l>e given to such slighting over the Kings Evi- 
dence you go on in the same strain that it is unacouutable that the G^n' 
of the Ijate Council have no Evidence but themselves & do you really 
think it unactxnintable that men may Inform the King of their own 
Knowledge or would that at all Invalidate their Evidence tho the Ques- 
tions I put was neither their Evidence^ might not lx» taken in any thing 
they had informed the King of their own Knowledge but what is more 
surprizing Still is that the Chief Justice should prejudge the matter l)efore 
one Evidence is lieanl on it and allow the charge to l)e without any foun- 
dation & only the effect of Personal Resentment without any View of 
ser\nng his Majesty & this under your hand & in a matter to that may 
come Judicially before you 



COLONIAL RECORDS. 241 



I leave yon sir to reflect what may be said on it and how farr this 
would be thought obeying his Maje^stys Instructions but befoi'e I Con- 
clude I must take notice of the Indecent manner you begin your paper 
intermating that you have Ixien forced to conceal your oppinion if Con- 
trary to mine being deterrM by me this would be a Hevy Charge against 
me if true but it happens to be so well known* with w^hat remarkable 
temper and Deliberation I have Proceeded in this and all other Matters 
and Causes that have been transacted or brought l)efore me in Council 
that it gives me very Little Concern as to my self I only look upon as 
an Effecrt of that Rash Inconsiderate way you are so apt to be led into 
& which 1 have so often in the mildest and friendlvest manner Cautioned 

» 

vou Against 

GEORGE BURRTXGTON . 

His Excel ly the Gov' Delivered the following paper in answer to the 
paper giving in at this Board the 18*** Instant signed by M' Chief Justice 
Smith M' Porter M' Ashe M' Harnett and ordered that the same l)e 
entered in the Council Journal &a copy thereof delivered to them forth- 
with which was accordingly Done which was in these Word Viz' 

To William Smith Edmond Porter John Bap* Ashe and Cornelius Har- 
nett J]sq" Members of the Council 

Gen' 

I have read your Joynt paper about assistant Judges T must own the 
paper came from the Lower house to Know the power of Assistant Judges 
I did not oppose the answer Sent by the Upper house to it Neither Did 
I declare my Oppinion upon it afterwards Reflecting further upon it 
& Operning my Comission & Instructions & Considering Indeed the 
Nature of the thing I could not think it Right and for my own part When- 
ever I am Wrong I shall alwavs think it l>etter to Retract as vou call it 
than Obstinately to Persist in an Error T was willing to have the 
debate Resumed & in order thereto put in two plain (Questions the Coun- 
cil for their Oppinion which might Easily been as plainly answer But 
your paper upon it Runn into Niceties and distinctions forreign to that 
purpose you ask mo if the warrant for the Chief Justices Pattent Doth 
not Call it a full power & authority to hold the Court but then Certainly 
it must be understo<xI in a Legall way it doth doth not say by himself 
only & therefore must Intend as the Usage Ever has been with assistants 
Which assistants my Comission and Instructions directs and impowers 
me to appoint tho you wisely observe upon it that it doth not so much 



242 COU)NIAL RECORDS. 



direct me to appoint them as Supposeing of them it directs the Rules to 
be Observed in Choosing them This I think make the matter much 
Stronger for it takes it for granted that they ought to be appointed but 
then you say the Instruction doth not say assistant Judges this is a pritty 
Extraordinary Construction of one of his Majesties plain Instructions 
when the Instructions Couple Judges Assistants Justices &c Besides 
the Instruction which you had l>efore you forbids me Establishing 

any new Courts or desolving any already Established and it is well 
Known the General Courts here hath Constantly been with Assistant 
Judges that have had a Judicial power & I cannot help beleiving that 
the allowing the Chief Justice to be sole Judge of that Court would be 
erecting a new Court but you seem to recede from all that & allow there 
should be Assistants but of what power or Use«should they be why 
truly to Inform and advise the Chief Justice as Masters in Chancery 
For my part Gent I was not bred a Lawyer but I never heard of a Com- 
mon Law Court where the business of any of the Judges was to advise* 
only and Indee^l the Establishing of a single Judge of the Supream 
Court of Comon pleas Seems Contrary to the very nature of it <fe I am 
sure would \ye Establishing a New Court of Judicature here Contrary to 
mv Instructions & no way for his Majesties Service or the good admin- 
istration of Justice & should I allow it it might he Just matter of Com- 
plaint against me as I am perswaded the Increasing of it would be against 

thefient If he should Assume it 

(GEORGE BITRRINGTON 

Then His Excelly the Gov' delivereil the following Paper in answer 
t^) the paper delivered by M' Ashe at the Council Board the IS'** instant 
& directed to the same to l)e Entered in the Council Journal & a Copy 
thereof delivereil to Mr Ashe forthwith which was accordingly done 
which paper was in these words Viz* 

To John Bap* Ashk Esq' 

In the late debate about the Complaints against Sir Richard Everard 
I put two short Queeries to the Council for their Oppinion I plainly 
told in the debate my oppinion was that those Gent who has complaineil 
against Sir Richard Everard might give their Evidence of any facts of 
their own knowledge but desired y* oppinion of the Council that if I was 
wrong I might be l)etter advised which I never think myself above 
Rec^ieving but Instead of a plain Categorical answer M' Ashe has 
branched out into a long discourse upon it while I cannot help thinking 
quite evades the matter and I shall only sjiy I expected more Candor 




COLONIAL RECORDS. 243 



and plainness from you there is another paper you offer too about the 
late Bill Concerning fees and Quit Rents but comes' quite out of time 
Being after the Assembly was prorogued you make some adjustment 
about tobacco in it which is not satisfactory neither but you mention 
nothing of Rice that was Icerted for the payment of Quit rents you 
propose too now it is over a Clause of referring it to his Majesty but I 
Observed it not so in the Bill I shall only say I several time de- 
manded if any person in the Council had anthing further to advance 
upon it you say your paper was prepared y* day of the debate it 
would certainly looked much fairer had you then offered it but being done 
when the affair was all over seems very particular Your paper about 
Assistant Judges which you have joyned with three more of the Council 

I answer by itself 

GEORGE BURRINGTON 

His Excell^ the Gov' was pleased to desire the oppinion of the Board 
Whither the officer attending both Houses of Assembly should be paid 
for their service and attendance on the last session & y* Hono"** the Coun- 
cil was of oppinion that his Excell^ the Gov' Issue Warrants to the pub- 
lick Treasurer to pay the same which was done accordingly 

His Excell^ the Gov' was pleased to Direct that the first paragraph of 
M' Chief Justice Smiths paper which he gave in at the Council Board 
the| 18th Instant might be read which was accordingly read in these 
words Viz* 

To His Excei.i/ the Gov' 

Since your Excell^ has been pleased to Demand an answer in Writing 
to two Queeries proposed to us by your Excell^ I with great Cheerfull- 
ness Embrace the Opertunity to Declare my sentiments which hitherto I 
have been forced to conceal being Deterr* therefrom by the Displeasure 
of your Excell^ whenever I was so Unhappy as to Differ in Opinion 
from you And the Gov' Desired this Board that they would Declare 
whither or no there has not been all the freedom of debate imaginable 
used at this Board and whither he ever Deterr* M' Cheif Justice or any 
other member from ojKiuly debating every matter and thing that came 
before them at this Board and the Council thereupon Declared that they 
have not at any time since His Excellys arrival observed that any mem- 
ber of this Board has been deterred or otherwise Hindred or obstructed 
from debating openly and freely every matter any thing that has layn 
before this Board 



244 COLONIAL RECORDS. 



Ordered that a comission of the Peace Issue for Chowan p'cint directed 
to CoP Henry Bonner William Badham Henry Baker Tho* Luten Sam- 
uel Paget John Ismay Jacob Blount Samuel Spruell Francis Pough 
Aaron Blanchard William Roods Thomas Grarrett Richard Parker John 
Sumner John Blount and Francis Branch Constituting & appointing 
them Justices of the peace within the said Precinct. 

Ordered that a Comission of the Peace Issue for the P'cinct of Beau- 
ford & Hyde & Directed to Eward Salter Jno Snoad Simon Aderson 
Robert Turner Samuel Slade Robert Peyton Thos Worsley Jun' Church- 
ill Reading Tho* Smith William Barrows & W" Cordant Constituting 
and appointing them Justices of the peac within the said p'cincts 

Ordered that a C/omission of the peace Issue for the p'cinct of Craven 
Directed to Capt W" Handcoc*k Cap* Daniel Shine Tho' Martin John 
Powell Capt Tho' Masters Jacob Miller Jacob Sheets Martin Frank John 
Formveil Jun' W" Brice Simon Bright George Whittaker and Walter 
Lane Constituting & appointing them Justices of Peace Within the said 
P'cinct, 

Orderefl that a Comission of the peace Issue for the p'cinct of Carteret 
directed to John Nelson Rich* Russell Enoch Ward Richard Whitehurst 
Jaseph Bell Taylor Capt Arthur Mabson Francis Brice Elenzer 

Harker and Chaddock Constituting and appointing them Justices 

of Peace Within the said p'cinct 

The Complaint of the members of the Late Council against Sir Rich- 
ard Evcrard which was to have been Argued this Day and the Members 
of the Late Council Appearing Sir Richard was sent for & the messen- 
ger Returned & acquainted the Board that he was told Sir Richard Ever- 
ard was not at Home but that M' Everard (Sir Richard's son) would 
appear & answer in his fathers behalf to morrow morning which was 
objected to by the said upon which His Excelly the Gov' & Council 
taken the same into Consideration it was consented to that M' Everard 
should appear in his fathers behalf 

Ordered that y* Marshall do Sumons His Majestys Council to attend 
his Excelly the Gov' in Councill to Morrow Morning nine of the Clock 

To which time tlie Board adjourned 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 21"* day of 
May Anno Domini 1731 



COIX)NIAL RECORDS. 246 



Present 
His Exoelly George Burrington Esq' Gov' &c 

{Joseph Jenoure Edm* Porter "J Esq' Members 
Robt Halton Jno Bap* Ashe V of His 
Corn' Harnett j Majesties Council 

M' Everard in behalf of his Father Sir Richard Everard appeared 

this day at the Board as also the Gen* of the Late Council Whereupon 

reading their Charge against S' Ricliard Everard the Gov' & Council 

were unanimously of opinion that none of the articles of their Charge 

were sufficient Grounds of prosecution of the suit save the two last to 

which the Gen* of the Late Council faild to produce Any Evidence to 

support them alledgeing that Col* Harvey who was one of their Evidences 

was Dead and Coll Gale the other was out of the Countrv 



Carolina— ss. 

At a Council held at the Council Chamber in Edenton the 22* Day of 
May Anno Dom 1731 

Present 
His Excelly George Burrington Esq' Gov' &c 

The Hon"' | Sbf Hafton I ^^ I^T^/i^ *»^ ?'« 
(Corn- Harnett j Majesties Council 

John Lovick Esq' late Secty came before this Board & gave in the 
following paper in answer to the Several Depositions on the Complaint 
of S' Richard Everard against him which was read in these words Viz* 

North Carolina. 

To His Excellency George Burrington Pisq' Gov' Cap* General & Com- 
ander in Chief of His Majesties Province of North Carolina 

The Remonstrance of John Lovick upon the Complaint of Sir Rich- 
ard Everard against the S* Lovick & Edward Mosely Esq' 

Humbly Showeth 

that a Complaint being made by Sir Richard Everard to his Majesty 
against your Remonstrant and E}dw* Moseley Esq' which your Exoelly 
by his Majestys Directions has been pleased to Enquire into & Several 
Depositions has been taken but they being all Matters sebsequent to that 
Complaint & your Excelly and the Council yesterday Declaring your 
Oppinion that such Evidence Could not be recieved to support that 
Complaint and Sir Richard failing to produce any other Evidence the 
said John Lovick Concieves the Charge must of Course drop and that it 



246 COLONIAL RECORDS. 



would be needful for him to answer thereto and that R^ularly as he hum- 
bly Concieves they ought not to have been recieved as he had then been 
p'sent he could easily have shown and fully have obviated then but least 
those Depositions might seem to Reflect on the Conduct & Character of 
your Remonstrant which he is desirous to set Clear before your Excel ly 
he begs leave to make his observations on the several Depositions taken 
& to shew how much they fall short of proving anything unjustifiable 
against him the sum of them (for they all seem to tend to one thing tho 
Variously Modell"*) is al>out some blank patents that Mr George Pollock 
had your Remonstrant need not Observe the Constant method of signing 
pattents has been to sign them blank but the occaasion of putting those 
patents into M' Pollocks hands upon which the Clamour was Endeav- 
oured to be raised was as followeth) when the line was for to be run 
betwixt this Government and Verginia their being no money belonging 
to the Lords proprietors in their Rec" hand to defray the Charge the 
Gov' & Council passed an order for the sale of Lands to Reimburse it 
& thereupon the line was runn to General Satisfaction & at a Charge 
that has been thought no way immoderate your Remonstrance l)eing one 
of the Comissioners the Creditt of that Order of the Board advanced 
great sums of money towards the defraying the Charges and had lands 
afterwards assigned to him to Reimburse the same and upon it sold out 
to M' George Pollock Seventeen thousand acres but the said Pollock for 
his greater Conveyance in taking up the Lands desired patents might be 
left Blank in His hands not knowing in what Quantities he might take 
it up which patent he was to fill up when the surveys were made in such 
parcells as the whole should not Exceed that Quantity and the all to be 
returned into the OflBoe to be Compleated on Record to all this Col Tho" 
Pollock was Evidence then a member of Council who is readv to declare 
(if called upon) the whole affair was in this manner & no otherwise 
Neither is it pretended that your Remonstrant had any fee Rewarded 
Gratuity for so Doing that if Mr. Pollock had Committed any fraud 
about it Must easily have been Detected but that Gents Character is two 
good to be suspected of such Vile practice nor indeed is it so much as 
pretended that there has been the the least fraud or Design of it and 
your remonstrant av^errs that he had no fee Reward or Gratuity Directly 
or Indirectly for his so doing or was any penny Gainer by it 

This May it please your Excelly is the whole of that affair that there 
was so much pains taken by the Noise & Number of the Evidence to 
swell it up to a Charge 



COLONIAL RECORDS. 247 



Having now giving this plain account of the affair it Self the said 
John Lovick begs leave to Observe the amount of the several Depsitions 
taken the first is M' Harding Jones who swears he saw a blank pattent 
in Mr. Greorge Pollocks hands about twelve months since & that he said 
something that made M' Pollock smile which is all that concerned the 
said Lovick & may probably be true the next is M' James Castellaw 
who Swears he saw four or five Blank pattents in M' George Pollocks 
hands & that M' Pollock would have sold two of them but M' Castel- 
law perswaded him against it this is the whole of this Deposition only 
on hear Say and not to the purpose which being only hear say & is no 
Evidence nor worth answering 

M' Cullen Pollock swears that he had a Blank Pattent in his Hands 
of his Brother Greorge Pollocks for one Thousand acres of Land and 
that it is so Endorsed on the back by his brother which confirms what 
yoiu" Remonstrant before related about it & there was no design of fraud 
in it which the Gent Intrusted with them was alx)ve being Guilty of 
M' Thomas Jones Swears he had an Imaginary Survey (as he calls it) 
w°^ he gave the said Lovick in August or September Last and got a pat- 
tent Dated in the year 1728 all the said lovick remembers of this mat- 
ter is that M' Jones brought him one of the pattents M' Greorge Pollock 
had with a Letter from the said Pollock to fill it up for Mr Jones but 
there being some name or something in that pattent which made it im- 
practiable the same was Destroyed and another pattent made of the same 
date filled up which was what had been frequently done to other and if 
the survey was not as it ought to be the said Lovick declares he was not 
privy to it nor had he any fee or Reward for it nor in any manner one 
farthing gainer so that all the account of that Is that M' Jones he Im- 
posed a Sham Survey upon the Secretary which the present Surveyor 
Gen" will Enquire into & see that no Damage Accrue to his Majesty . 
therefrom 

The Next is Doctor Allyn who swear he saw blank pattent in M' 
Pollocks hands & heard a bargain between the s* Pollock & M' Jones for 
two Thousand acres all is but Consistant with all that is already said 
he Swears too that he has Seen a great number of Blank pattents with a 
Reciept on the back for the purchase Money but the not Express* which 
Seldom is but say* the Consideration money within mentioned & Except- 
ing about five of which mention is made he knew any to go out Blank 
nor beleives it & is satisfied If Doctor Allyn saw any it must be as they 
Lay in the Secty Office or Rec' office and he dare to put the whole Cause 
upon & is very sure where so much pains are taken if one single Instance 



248 COLONIAL RECORDS. 



more could have been found it would by uo means have bee Omitted 
M' Nairn swears only to his beleif which if true the remonstrant averrs 
was one of those pattents Left with M' Pollock and all but amounts 
that he beleives he saw a blank pattent as is very likely & and agree 
with what the Said Lovick has l^efore observed 

M' Downing Swears he saw a blank pattent in Cullen Pollocks hands 
& has heard of several others by report but can say nothing about it 
himself 

As to M' Pollock pattent it has been mentioned already as to what 
heard by report its two uncertain to answer and therefore concieves it 
ought not to have been Inoerted 

The Last is M' Russell who swears that M' John Galland brought 
a pattent down to Core sound to be filled up but that it was sent back 
again & filled up in the oflBoe the truth of this Matter was there being 
a pattent to be made out for Mr Russell the Survey Could not be found 
in the Office & to save the man Coming one hundred and fifty miles the 
Secty gave the pattant blank to Mr Galland his Clerk to get the survey 
from the Surveyor and to fill it up and to return it to the Office & that 
Mr Galland geting the survey returned that and the pattent to the Secty 
to Copleat which was done in the offices as he Swears. Having now 
gone there with the Evidence the said Lovick cannot help taking notice 
how many were produced to the same thing Viz' that they had seen blank 
pattents which ^)lainly with a Design to have it beleived they were Dif- 
ferent and if it had been an offence it might have swelled the bulk of the 
charge and looked the greater when in truth there was never only the 
aforementioned and that done in the manner aforesaid which is humbly 
Submitted to your Exce^*^ if there was fraud or ill intention in the said 
Lovick there in but the said Lovick now b^ leave to give his Reason 
why he Conceives the Evidences ought not to have been on the Enquiry 
that was ordered to be made on the Complaint of Sir Richard Everard 
for — 

First they were all of matters since the Complaint and so ought not 
to have been admitted to have made it good as your Excelly and the 
Council have allowed 2* because is not one one Evidence that Evidence 
that pretends to prove the least corruption or foul practice in the said 
Lovick unless the bare signing of pattents blank be an offi?nce & if it 
shall be thought a Crime Sir Richard Everard who was then Gov' and 
without whose name no pattent could have Issued was not capable and 
ought to have been the principal person in the Complaint Instead of 
Complainer & one thing further as to Sir Richard the said Ijovick 1)^8 



COLONIAL RECORDS. 249 



leave to remark upon the Complaint the Order from Sir Richard to the 
said Lovick about warrents and pattenis bears date in Janry 1728 and his 
Letter to His Grace the Duke of New Castle soon followed & both 
seem'd founded on a double Mistake the first was that His Majesty was 
then in possession of the Goverment which did not happen till July fol- 
lowing the Other was that the said Lovick had great numbers of old 
warrents in the Office which had been forbid by the proprietors to pass 
all which is without the least foundation the said Lovick never being 
possessed with such warrents in his office nor was there ever such an 
order from the Prop" about them as he knows of nor any grounds for 
any & upon such mistakes it was that Sir Richard refused to sign pattent 
the apparent Injury of such as had Lands due to them but at the Assem- 
bly in November 1729 after the Surrender to the Crown by the Lords 
Prop" at the Instance of the Assembly in hopes of the five Hundred 
pound they gave him he again Signed pattents Contrary to the oppinion 
of some Members of the Council and particularly of the said Lovick 
who then told him he Conceived the stopping of the pattents when they 
were Stopped was irr^ular and erect Injury but the granting of them 
after we were assured of the Sale were irr^ular but wither Sir Rich- 
ard did it for his Majesties Service or for private gain will be Easily 
Judged Especially when it is known that besides the aforesaid Five 
Hundred Pounds the Extraordinary fees' he took upon pattents beyond 
Law brought him in very great sums but the said Lovick would now 
Conclude b^ging pardon for being so Tedious and with great Gratitude 
acknowledging your Excellys patience Cander & Exemplary Impartiallity 
in this and indeed in all others debates before you the said Lovick thinks 
himself happy the Enquiry was made it being no small Satisfaction to him 
that having been so many years Secty of this province on such a this 

was all that Could be produced against him and he was the more desirous 
that his Charecter might be Cleared Seeing he has for near a Dozen years 
been a member of Council & had the head of the Board & by his Ene- 
mies said to be at the head of most affieiirs here till your Excelly arived 
to take the Goverment for his Majesty 

All which is humbly Submitted 

8' your Exoell^ most faithfull most Obed* Huble Serv* 

J LOVICK 

And the Complainant producing no Evidence to support the Complaint 
agreeable to the Determination of the Board yesterday it is the oppinion 
of His Excellys the Grov' & Council that the Complaint of Sir Richard 

32 



260 CX)LONIAL RECORDS. 



Everard hath not been Supported & that the said Loviek be Discharged 
from that Enquiry 

Ordered that the several Depositions and Complaint of Sir Richard 
Everard against John Loviek Esq' late Secty with his answer thereon be 
delivered in the hands of his Magesties attorney General of this Province 
for his Report to be made thereon to His Exoell^ the Governor 

Then this Board adjourned by order 

ROBERT FORSTER Dep Sec^^ 

North Carolina — ss. 

A Council being Sumoned to be held at the Council C-hamber in 

Edenton on the 26 Day of July Anno Doni, 1731 there apj)earing but 

two members of Council His Excell^ Declared he would attend tlie next 

day to see if any more members would appear and on the 27 day of July 

met 

His Excell^ George Burrington Esq' Gov 

'pu XT bi« / Jos Jenoure 1 Esq" Members of 
\ Edmund Porter j his Majesties Council 

His Excellency the Grov' was pleased to declare that William Smith 
Esq' Chief Justice having withdrawn himself out of this Grovernment 
without any due Notice given or leave obtained for the same & said 
place thereby being become Vacant there was an absolute Necessity for 
appointing a Chief Justice in his room which could not be done without 
a Council 

And his Excelly having Sumoned the Council to meet yesterday there 
appeared only the two members before mentioned (this day present) the 
rest being out of the Government or at Cape Fear a great distance from 
this place where the Council and Courts are Held & this day being the 
day for the General Court to be b^un and held (or the said Province 
which must unavoidable fall and the Business of the Country delayed 
and great failure of Justice thereby unless the same was prevented by 
appointing a Chief Justice and assistant for which it was absolutely 
necessary to have a Council and his Excelly declare that there being such 
urgent necessity he should appoint members to supply the place of those 
out of the Country that there might be a fuller Board and thereupon 
His Excelly the Gov' was pleased to nominate and appoint John Loviek 
iisq' to be a member of his Majestys Council for and within this province 
and his Excelly was also pleased to nominate and appoint Edmund Grale 
Ilsq' to be a member of His Majesties Council for and within this prov- 
ince and accordingly the said John Ijovick and Edmond Gale Esq" 



COLONIAL RECORDS. 251 



appeared and took and subscribed the several oaths by Law appointed for 
Qualification of publick Officers as also the Oaths of a councellor & took 
their places at the Board accordingly 

Then Present as before 

The Hono"- 1 ^^^^^^^(^e } Esq" Members of his Majesties Council 

His Excell^ Informing this Board the Necessity of Imediately appoint- 
ing a Chief Justice in the room of William Smith Esq' who had secretly 
left this Government And having the Concurrence of the Council 
therein His Exoell^ was pleased to nominate John Palin Esq' who was 
approved of by the Council Thereupon it is ordered that a Commission 
pass the seal Constituting and appointing the said John Palin E^sq' Chief 
Justice of this Province till his Majesties pleasure be known therein His 
Excell^ the Govern' named George Martin Henry Bonner Isaac Hill and 
Tho" Lovick Esq" to be assistant Justices of the Greneral Court of this 
Province who were appointed by the Council 

Ordered that a Comission pass the seal Constituting and appointing 
George Martin Henry Bonner Isaac Hill & Thomas Lovick Esq" assistant 
Justices of the Greneral Court of this Province 

Ordered that a General Comission of the Peace pass the seal Consti- 
tuting and appointing the present members of his Majesties Council and 
the raeml)ers of the Council for the time being Nathaniel Rice Esq' Sec- 
retary and the Secretary of the said Province for the time being John 
Montgomery Esq' Attorney General and the Attorney General of the 
said province for the time being the assistant Justices for the time being 
The Chairmen of Each and Every precinct Court within this Province 
for the time being Justices for the'Concervation of the Peace within and 
Justices of the General Sessions of the Peace & General Groal Deliverye 

By order 

R M FORSTER Cler Con* 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 31* day of 

August Anno Dom 1731 % 

Present 

His Exoell^ George Burrington Baq' Grov' 

{Joseph Jenoure "j 
Edmond Porter > Esq" Members of His Majesties Council 
EdmondGale j 

His Excelly the Governor was pleased to name Robert Turner Sam- 
uel Slade Benjamin Sanders Thomas Bonner Thomas Worsley Jun' 



252 COLONIAL RECORDS. 



Benjamin Payton Seth Pilkington William Larner William Willis 
Churchil Reading John Tripp Cornelius Fowler John Coldham Samuel 
Sinclare Richard William Sylvester Henry Crafton John Prcgg Roger 
Henyon and William Carruther Constituting and appointing them Jus- 
tices for the precincts of Beaufort & Hyde who were approved of by the 
Council 

Ordered that a Coniission pass the seal Constituting and appointing 
the said Robert Turner Samuel Slade Benjamin Sanders Thomas Bonner 
Tho' Worslev Jun' Benjamin Peyton Seth Pilkington William Larner 
William Willis Clmrchill Tripp Cornelius Fowler John Coldham Sam- 
uel Sinclare Richard William Silvester Henry Crafton John Gr^g 
Roger Henyon and William Carruther Gent. Justices of the Peace for 
the precinct of Beaufort and Hyde in the County of Bath. 

Ordered that a Deilimus pass the seal Directed to Major Stephen 

Golde Impowering him to qualify the Justices in the Coniission of the 

Peace for tlio precincts of Beaufort and Hyde 

By ortler 

R M FORSTER 



North Carolina — ss. 

At a Council held in the Council Chamber in Exlenton the 2* day of 
November Anno Dom 1731 

Present 
His Excelly George Burrington Esq' Gov' &c 

th TT hi / •'^^^^P^ Jenoure Edmond Porter 1 Esq" Members of his 

\ Robt Halton John Lovick J Majesties Council 

His Excelly the Governor informing the Board that he was delayed 
on his journey from Cape Fear by illness & bad Weather so that he 
could not be hear yesterday to hold a Court of Chancery yestertlay being 
the usual time for holding the Same Required the Oppinion of the 
Council Whether he Should hold the said Court this day who were of 
oppinion that the said Court rc^urlarly sit this day. Provided no advan- 
tage was taken any Person gone or not now attending 

By order 

R FORSTER 



North Carolina — ss. 

At a Council held at the Council Chamber in Eklenton on the 3* Day 
of November Anno Dom 1731 



COLONIAL RECORDS. 253 



Present 
His Excelly George Burrington Esq' Gov' 

{Joseph Jenoure John Ijovick") tj^ r hm i r u* 

RobtHalton Edm* Gale I Esq' Members of h.8 

Edm* Porter j Majesties Council 

Monday last being the Day by Law appointed for the Assembly to 
meet and the Governor having been detained by illness and Bad Weather 
on his Journey from Cape Fear Could not arrive at Edenton on the 
said Day neither were five members of the council attending the Assem- 
bly and the Governor being informed that Number of Burgesses met on 
the day and still waited His Excelly thereupon sent for the Burgesses to 
attend him in Council and made the following Speack to them to Viz* 

Gentlemen 

His Majestices Service made it Necessary for me to visit the Southern 
Parts of this Government I took that journey so soon after a Violent 
Feavor was render by some Indispositions Uncapable of Returning by 
Land therefore was under a Necessity of Coming by sea the winds prov- 
ing very Contrary and Tempestious my voyage took up much more time 
than I expected and altho I left tlie Vessel at the Barr and Used the 
Greatest Expedition I Could not arive at this Metropolis before yester- 
day 

How farr my being Absent the first day of the Assemblys Meeting 
may Effect the being of the I will not enter into the arguments at this 
time the reason why I offer Nothing to your Consideration that the last 
Assembly would not Obey the Kings Instructions that I laid before them 
Nither did they do any thing for the good of the Province Notwith- 
standing I mentioned several affairs in My Speech to them very Neces- 
sary for the well fair of this Government and ease of the people their 
II] conduct is the occassion I could not do Business with you at this time 
The Misbehaviour of the Late Assembly I have represented and have 
desired further Instructions how I am to act in Relation to the Revenue 
Officers Fees Registring Lands in the Auditors Office and other matter 
Contained in the Eight Instructions laid before that Assembly I hope to 
be Honoured with his Majesties Commands next March in Relation to 
them Instructions before I am fully Instructed I Judge it will not be 
proper for me to proceed any further upon them Instructions In the 
mean time I will take all Imaginable Care that the Business of this 
Province be Carefully transacted and that good order you now see so 
well Established Shall Continue between this and the Next Session 



264 COLONIAL RECORDS. 



I Prorogue this Assembly to the first Tuesday in April Next Ensue- 

ing and it is hereby prorogued 

By order 

R FORSTER Cler Con* 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton on the 4** day 
of Nov' Anno Dom 1731 

Present 
His Excelly George Burrington iisq' Gov' &c 

{Joseph Jenoure John Lovick) rjs n \r l r i.- 
RobtHalton Edm' Gale I Em" Members of hw 

Edm* Porter / Majesties Council 

His Excelly the Governor was pleased to acquaint this Board that he 
was Informed by several persons at Cape Fear that Col Edward Mosely 
Maurice Moore and Mr John Porter Claim Such great quantities of Land 
on Cape Fear River that new Comers Cannot find Lands to take up but 
what is said to belong to one of those Gentlemen this Board doth there- 
upon order that the said Col Mosele)* Col More and M' John Porter do 
attend this Board on the 17*** day of Jan"^ next and that each of the 
said Gentlemen do then give particular account of Every Tract they hold 
on the said River and by what Title they Claim the same. 

His Excelly the Governor further acquainted that he had several Com- 
plaints made to him by the Inhabitant of Cape Fear that the several 
Deputy Surveyors appointed by Edward Moseley Esq' late Surveyor 
General have made and returned most of the survey at and about Cape 
Fear with only running the Front line so that y* People are uncertain as 
to the Bounds of their Lands. 

It is Thereupon ordered that the Deputy surveyors at and about Cape 
Fear appointed by the Late surveyor General do attend this Board at 
their next sitting in January and that the Clerk of this Board do Issue 
Sumons's to Each of the said Dep**** to appear before the Governor and 
Council on the 17"* Day of January next 

His Excelly the Governor Informed this Board that Cornelious Harnett 
Esq' one of his Majesties Council and another person did Contract with 
Cap* Tate of Bristol for a large Cargoe of English Goods to the Amount 
of near £3000 Currency of this Province to be paid to him the said Tate 
in six weeks time about Eighteen months past at Cape Fear River The 
said Tate on his Complaint to his Excelly said tliat he had not recieved 
anything for the said Goods but is still put of by Mr Harnett and the 
said Tates ship still lying in Cape Fear River to the Great Loss and 



CJOLONIAL RECORDS. 265 



Detriment of his owners and his Ruin It is Ordered that Sumons's do 
Issue to every member of Council to attend His Exoelly in Council the 
17*** Day of January next and that the said Cornelious Harnett be Served 
with a Copy of this Entry and that Cap' Tate be then Likewise Sumon- 
deil to appear to make Good his said Complaint against M' Harnett that 
this Complaint be not Entred in the Council Book 

His Excell^ acquainting this Board that His Majesties Instructions 
require him to transmitt to the Board of Trade attested accounts of the 
Receipts and Payments of all publick moneys in this Province 

It ordered that several Treasurers and all others having any publick 
moneys in their Hands be Sumoned to appear before this Board on the 
17"* Day of Jan*^ next at which time they are to give their Attendance 
and make up their accounts of all publick moneys in their Hands 

Ordered that sumons's do Issue to every member of His Majesties 
Council within this Province to attend His Excelly in Council at the 
Council Chamber in Edenton on the 17*** day of Janry next on pain of 
suspension there being a Complaint against a member of Council to be 
then heard 

Ordered that a Dedymus be directed to the precinct Court of Beaufort 
& Hyde to Recieve and Qualify M' Richard Harvey Capt John Tremble 
& Oliver Blackburn as Members of that Court 

Ordered that a Dedimus be directed to the Court of Pasquotank to 
Recieve and qualify M' John Turry and Terrence Swinney as Members 
of that Court. 

His Excelly the Governor Read a paper sign by E Porter Esq' a 
member of this Board on the 27*** day of July last past which being 
Read His Excelly Declared that the said M' Porter had aserted a false- 
hood with a design to impeed and hinder His Exoelly from His Majes- 
ties Service at that time in appointing a sufficient Number of Council to \^ 
make a Court of Chancery and to appoint a Chief Justice 

Ordered that the said Edmond Porter be Sumoned to appear and 
answer the same at the Council to be held at the 17*** day January next 

M' Little moved this Board that Edmond Porter Esq' might answer 
to the Complaint that said Little and other Entered at this Board in May 
Last 

Ordered that the said Edmond Porter be sumoned to appear at a Coun- 
cil to be held the 17*** day of January next and that he file his answer 
by the 1"* day of said month and have his proofs ready at the Council 

the 17*** of the said Month 

By order 

R FORSTER Cler Con* 



266 COLONIAL RECX)RD8. 



North Carolina — ss. 

At a Council held at the Council Chamber in Edenton the 23* day of 
Nov' Anno Domini 1731 

Present 
His Excelly George Burrington Esq' &c 

{Joseph Jenoure Edm* Porter "| Esq" Meml)er8 
Robert Halton John Lovick > of his 

Edmond Grale j Majesties Council 

His Excelly the Governor having laid Before this Board his Majesties 
56 Instruction for appointing two Courts of Oyer and Terminer yearly 
which having been duly Considered This Board are of Oppinion that a 
SjKxjial Comission Issue pursuant to his Majesties Said Instnictions 
directed to John Palin Esq' Chief Justice the present members of his 
Majesties Council and the Assistant Justices for holding the said Court 
on the Second Teusday in December next and that a Clause in the said 
Comission be added to Impower the Chief Justice or any three of the 
members to be a Quoram to hold the said Court 

Ordered that a Comission pass the seal accordingly. 

Upon Petition of the Inhabitants of White Oak new River and Top- 
sail along the Sea Shore Praying to have a New precinct Erected from 
new Topsail to Batrams point on tlie P]ast Side of White Oak River 
and this Board there<jn taking into consideration the gi*eat hardship and 
expences The Inhabitants within the limitts above mention* are at in 
going to Craterett Precinct Court 

His Exce"^ by and with the advic^e and consent of his Majesties Coun- 
cil doth make the following Bounds in to a precinct Viz* Beginning at 
Bogue Inlett fnmi Batrams point on Bogue sound including or taking 
it two miles on the North East side of White Oak River for the East 
and North liast Bounds and from New Topsail Inlett Including all the 
Lands on the Creeks and Branches that run into New River to be the 
South & West Bounds of the said precinct is hereby Called and Dis- 
tinguished by the name of Onslow Precinct and that a Comission issue 
for the same with such priviledges as other precincts have or Enjoy And 
it is further ordered that the said precinct shall be and Continue accord- 
ing to the above bounds untill there shall be a further Division of other 
Precinct and Counties 

Ordered that a Comission of the Peace Issue for Onslow precinct 
Directed to James Tunis Edward Marshburn Joseph Mumford James 
Murry James Taylor Lazarus Thomas Thomas Johnson Capt Francis 
Brice Christopher Dudley Nocholas Hunter Abraham Mitchell Richard 



COLONIAL RECORDS. 267 



Nickson and John Frederrick Constituting and appointing tliem Justioes 
of the peace for and within the said precinct which Court to sit on the 
first Tuesday in January April July and October yearly 

By order 



[B. P. R. O. North Carolina. B. T. Vol. 8. p. 101.] 



LEGISLATIVE JOURNALS. 

North Carolina — ss. 

At a General Assembly begun and held for his Majesties Province of 

North Carolina at Edenton the 13"* day of April Anno Domini 1731. 

Present 

His Excell^ Greorge Burrington Esq" His Maj*^ Grover' & Capt. Gren- 

eral of s* Province. 

f William Smith f Edmond Porter ) 
The Hono"' < Nath» Rice < Jn° Bapf Ashe V Esq" 

( Jos** Jeuoure ( Corn' Harnett J 

Members of His Ma*^' Council being the Upper House of Assembly. 

The House met & adjourned till to-morrow morning Eight of the 

Clock. 

Wednesday Aprill 14*** The House met again. 
• A Message came from the Lower House acquainting this Board that 
they were ready to present their Speaker and thereupon His Excell^ the 
Governor (by the Messenger of this House) Commanded their immedi- 
ate Attendance. And the House in a full body came and presented Coll. 
Edward Moseley their Speaker who was thereupon approved of by His 
Excell^ the Governor. 

Then the Governor was pleased to deliver His Speech to the House 
of Burgesses in the following way. Viz* 

Gen* of the Council & Gen* of y* House of Burgesses. 

His Majesty the King our most gracious Lord & Master having 
Honoured me by His Commission to be Governor of this Province, on 
my arrival here by and with the Consent of Council I issued Writts for 
the several Precincts and Towns to Choose Burgesses to meet on the 13** 
of this Month. I assure you Gen** it is a great satisfaction to me that 
we are now Assembled. I cannot doubt of your ready Complyance in 

33 



258 COLONIAL RECORDS. 



passing such Acts as are Required by his Majesty in the IS*"*, 31**, 42"*, 
61"*, 63**, 76*^, 76"*, & the 114* Articles of my Instructions, Transcripts 
of which I have ordered to be said before you. 

Gentleaien, 

I assure you I have as much inclination to promote the Welfare of this 
Country now as formerly, I expect each Member of this Assembly 
comes here with an Intent to do everything that may be to the Kings 
Honour, & the Good of North Csrrolina I hope we shall behave our- 
selves with so much Duty that his Majesty will have pleasure in grant- 
ing us his Royall favours when we approach his Throne with our Hum- 
ble Petitions. 

Gentlemen, 

There are several matters absolutely necessary to be settled in this 
Assembly particularly how to keep the Bills to the Value they ought to 
pass for. 

The Settlements being so much Extended I think it Needfull that the 
Chief Justice with his Assistants should for the Ease of the People hold 
Courts in three different parts of the Province twice a year. 

That Wills should be proved & Lycences given by a proper Officer in 
every Precinct. 

That Effectual methods be taken to procure a direct Trade to Europe 
and the West Indies without which this Country will always continue 
Poor. 

To pass an Act for building a Town on Cape Fear River and appoint- 
.ing Commissioners for that purpose. 

To appoint an Agent & settle a Salary for Transacting the Affairs of 
this Province in England. 

Gentlemen of the House of Burgesses 

I am fully Senseble how necessary yoiu* presence is at this time of the 
year on your Respective Plantations, therefore will do all in my power to 
make this a short session. If you Judge it Necessary Depute some of 
your House to advise with me on any matters you have occasion to Debate 
which may Expedite Business and prevent Misunderstandings. 

I recommend to you Unanimity and Agreement and that your Debates 
be carryed on with Modesty and good Manners. 

Gentlemen of the Council. 

I return you my Sincere thanks for the readiness you have shown in 
dispatching all Business that has come before us. Your Demeanour to 



COLONIAL RECORDS. 259 



me has been so full of respect that I am at a loss for Words to Express 
the Esteem and due R^ard I have for Persons of so Great Worth & 
excellent Qualifications. 

Gentlemen of the Assembly. 

My diligence & industry in Promoting New Settlements in this Coun- 
try when Governor for the Prop" you remember, and the happy effects 
thereof are known to every man in this Province, That on Cape Fear 
River begun by me six years past, is now the Place of the greatest Trade 
in the whole Province. All the reward I ever received for the chaises 
Necessary & unavoidably occasioned by that undertaking, the Losses I 
suffered and the great hardships I endured was the thanks of a house of 
Bui^esses. 

Gentlemen of the Assembly. 

Your behaviour at this time is of the utmost Consequence to North 
Carolina, it is in your Power to make it very happy by cheerfully and 
willingly performing what is required of you by the greatest and best 
King that ever sway'd the British Sceptre. Consider you have at this 
time a Grovemor that is entirely your Friend and wellwisher, that will 
joyne his own Interest to obtain for this Country all that is now or has 
any appearance of being for your Grood, I sincerely desire your Pro- 
ceedings may accomplish & perfect all that is wanting to make this Coun- 
try Populous Happy and Rich. 

GEO: BURRINGTON. 

Then the House Adjourned till to morrow morning at Eight of the 
Clock. 

Thursday April 15**". The House met again and adjourned to-mor- 
row morning Eight of the Clock. 

Fryday April 16"*. The House met again and adjourned till to-mor- 
row morning Eight of the Clock. 

Saturday April 17"*. The House met again and adjourn'd till Mon- 
day morning Eight of the Clock. 

Monday April 19"*. The House met again and adjoum'd till to-mor- 
row morning Eight of the Clock. 

Tuesday April 20"*. The House met again. 

Received the following Messages from the Lower House Viz*. The 
Publick Treasurer delivered in at the Table Sixteen Bundles of old Bills 
of Credit Exchanged by him, say'd to contain the Sura of £7343.10.6. 



260 COLONIAL RECORDS. 



Ordered that the Committee appointed to Settle the Publick Accounts do 
Exchange the same parcells & of Bills and make report thereof to the 
House that the same Bills may be destroyed sent to His Exce"^ the Gov- 
ernor and Councill for Concurrence by M' Arthur Williams & M' Greo : 
Winn 

By Order of y* Gren" Assembly 

AYLIFFE WILLIAMS. Clk. 

Edward Moseley Esq" Publick Treasurer delivered in at the Table 
the Publick Accounts. 

Ordered that John Lovick Elsq** M' Charles Denman, M' Gabrill 
Burnham, M' George Powers, M' Arthur Williams, M' William Will- 
son, M' William Barrow & M' William Williams be a Committee of 
this House to be joined by such Members of the Council as shall be 
appointed to Inspect & Settle the same and the Accounts of all others 
concerned with the Publick Money & report the same to this House. 
Sent to His Exce"^ the Governor <fe Council for Concurrence by M' 
Arthur Williams <fe M' Georgq Winn 

By Order of the General Assembly 

AYLIFFE WILLIAMS. C^. 

Ordered that the following Message be sent to the Lower House. Viz*. 

M' Speaker <fe Gent, of the Lower House 

This House has appointed William Smith, Edmond Porter and Cor- 
nelius Harnett Esq" to be joined with the Members by you appointed 
to Inspect & Settle the Publick Accounts. 

By order 
ROB* FORSTER C^ of y* Upper House 

Then the House adjourned till to morrow morning Eight of the Clock. 

Wednesday April 21"*. The House met again. 

M' Speaker & Gent, of the Lower House came in a full body and 
gave in the following Paper in answer to His Exce"^ the Gov" Speech. 
Viz* 

To His Exce"^ George Burrington Esq" His Majesties Cap' General & 
Governor in Chief of North Carolina. 

We the Kings most Dutifull & Loyall Subjects the Representatives of 
the People of North Carolina with great pleasure congratulate your 
arrival in this Province with that Command which His mast gracious 



COLONIAL RECORDS. 261 



Majesty has been pleased to confer on you. We have formerly experi- 
enced your Care for the Welfare of this Country and we rest fully as- 
sured that we shall not want your best Endeavours to promote the last- 
ing happiness of the People of this Province. We sincerely promise 
for ourselves that we will not be wanting to do everything that we think 
may contribute thereto, and the Honour & Interest of His Majesties Ser- 
vice. 

The several Articles of His Majesties Instructions which you have laid 
before this House shall be duely considered by us, & as we propose to 
Address His Royall Majesty concerning some of the matter contiuned 
therein we doubt not but our Dutifull Behaviour to you & what we shall 
proi^se for His Majesties Service and the Welfare of this Province will 
procure our Addresses a Favourable Reception. 

We observe how particularly you Recommend to us the Settling a 
Method to keep the Bills Currant in this Country to their Value. We 
imagine the same is already sufficiently provided for by the Act passed in 
the Biennial Assembly in November 1 729 Nor do we find but that the 
CVedit given them by that Act js preserved by the Currency they have 
obtained all over this Government, but if any better method can be pro- 
posed for E^stablishing their value we shall very readily take the same 
into our Consideration. 

As everything your Excell^ recomends shall have its due weight with 
us we are of opinion with you that the remote Scituation of divers parts 
of this Province from Edenton the Metropolis of this Government will 
make it necessary that some Provision be made for the more Easy admin- 
istration of Justice in those remote parts. A Bill for which purpose we 
shall order to be prepared Accordingly. 

We heartily thank you for the Ease you propose to the Inhabitants 
relating to Wills & Lyoenoes, a Bill for which purpose we have ordered 
to be prepared, And as your Excell^ has indulged us thus far we make 
no doubt but when we propose other matters of equal concern for the 
good of this Province we shall have your cheerful concurrence. 

We understand there is a Town already Established on Cape Fear 
River called Brunswick in New Hanover Precinct in respect to one of the 
Titles of the illustrious House of rfanover and we are informed it is like 
to be a flourishing place by Reason of its Excellent Situation for the Trade 
of those Parts, to promote which or any other Place on that River that 
shall be judged more proper we will readily give such assistance as is in 
our Power. 



262 COLONIAL RECORDS. 



The services done to this Provinoe by the Settlement b^un by you at 
Cape Fear, we have a grateftil sense of which we shall make Evident on 
proper occasions and in a particular manner we purpose to be mindfull 
thereof in our Address to His Majesty. All the other parts of your 
Excell^ kind Speech we will take into our serious Consideration, & we 
hope the behaviour of the Assembly of this Province at this Juncture & 
at all times hereafter Mrill Demonstrate that the Inhabitants of this Pro- 
vince have the greatest Duty & Loyalty to his most Excellent Miyesty, 
Zeal & AfiFection for your ExcelK & the Welfiu^e of this Province, 

By Order of the (Jen* Assembly. 

E. MOSELEY Speaker 

His Excell^ the Governor thereupon commanded the Lower House to 
attend him at this Board to-morrow morning at Eleven of the Clock. 
Then the House Adjourned 'till three of the Clock in the Afternoon. 

The House met again and Reed the following Paper from the Lower 
House in these words. Viz* 

Whereas by the Royall Charter granted by King Charles the second 
to the Lords Proprietors and the Inhabitants of Carolina it is granted 
that the Inhabitants of this Province shall have possess & enjoy all 
Liberties Franchises & Priviledges as are held possessed & enjoyed in 
the Kingdom of England. And whereas it is the undoubted Right & 
Priviledge of the People of England that they shall not be taxed or 
made Lyable to pay any Sum or Sums of Money or Fees, other than 
such as are by Law established Notwithstanding which it appears by 
Complaints made in most parts of this Province that the officers in 
Grenei:al do demand take <fe receive from the Inhab** and Masters of Ves- 
sells Trading to this Province Four times more than the Fees appointed 
by the Laws of this Province to the great Discouragement of the Trade 
of this Province & the oppression of the People. 

Resolved that this House do wait on the Gov' with this Complaint 
and that the Council be desired to join with this House in requesting his 
Exce"^ to issue a Proclamation declaring such Practices contrary to Law 
and the oppression of the Subject, and strictly forbidding all officers to 
take larger Fees than is by Law appointed under pretence of difference 
of money untill such time as the officers Fees shall be Regulated by 
Authority of Assembly This House now having the same under their 
Consideration pursuant to His Majesties Instructions. 

By Order of the Gren* Assembly 

AYLIFFE WILLIAMS. C^. 

Sent by M' Scarborough & M' Denman. 



COLONIAL RECORDS. 263 



Then the House adjourned 'till to-morrow morning Eight of the 
Clock. 

Thursday April 22"* The House mett again 
Present Robert Halton Esq** 

The Lower House came in a full body and His Exoe"^ the Governor 
spoke to them in these words. Viz* 

M' Speaker and Gent, of the House of Burgesses 

I think it necessary to cause Two Articles of my Instructions to be 
read to you that no Person in your House may pretend ignorance in a 
Matter where the Kings Comands to me are Positive (Viz*) the 37*** & 
47"* you may apply to me when and as often as you desire to Inspect 
any Publick Accounts, and they shall be laid before you. I think it 
absolutely necessary for his Majesties Service and the good of this Coun- 
try that a Treasurer be appointed, Therefore I shall with advice of the 
Council speedily appoint a fit Person to execute that Important office 

until His Majesty Commissionates one 

GEORGE BURRINGTON 

Received the following Message from the Lower House Viz* 

To His Exce"^ the Governor 

This House requests His Exce"^ the Governor that he will be pleased 
to lay before this House a Copy of the Two Instructions which he read 
to them and that what he shall think proper to say to this House on 
those Instructions may be put into writing. 

By order of the Gen* Assembly 

AYLIFFE WILLIAMS. Clk. 

Sent to y* Upper House by M' Skinner & M' Burnham. 
Then the House adjourned 'till to-morrow morning Eight of the 
Clock. 

Fryday April 23** The House mett again. 

Received the following Message from the Lower House Viz* Fryday 
April 23'^ 

To His Excell^ the Governor. 

Voted the Reverend M' Nicholas Jones be paid the sum of Ten 
Pounds for officiating Divine Service this day before the Governor 



264 COLONIAL RECORDS. 



Council and Assembly, and His ExoelK the Governor is requested to 

issue his Warrant to the Publick Treasurer for the Payment of the 

Same. 

Sent to the Council for Concurrence 

AYLIFFE WILLIAMS. C^ 
By Mess" Symons <fe Bumham. 

Which being read in the Upper House the same was concurred with. 

Then the House adjourned 'till to-morrow morning Eight of the 

Clock. 

Saturday April 24"» 

The House met again & adjourned 'till Monday morning Eight of the 
Clock. 

Monday April 26*»» 

The House met again and sent the following Resolve to the Lower 
House. Viz* 

M' Speaker & Gent, of the House of Burgesses 

Whereas His Majesty in his Instructions to His Excell^ the Grovemor 
hath ordered & Directed that all Fees shall be paid to His officers in 
Proclamation Money and the said Instructions having been Laid before 
the Council and House of Burgesses the said Burgesses immediately 
came to a Resolution which they soon delivered to His Excell^ in Effect 
Declaring that the said Instructions were contrary to Law and tended to 
the oppression of his Majesties Subjects and the said Burgesses having 
in their said Resolution arrogated and assumed to themselves the sole 
Power of establishing Fees exclusive of the Governor & Council. 

Resolved that the said Resolution of the House of Burgesses is a great* 
invasion of his Ma^ Prerogative and does highly reflect on the Honour 
and Dignity of His Crown. 

Resolved that the said Resolution of the House of Burgesses openly 
sends to divest the Governor & Council of their share of the l^islative 
authority vested in them by his Majesties Commission & Instructions 
fouuded on the Laws of the English Constitution and that they seem 
therein to sett up and Erect some other form of Government than is 
allowed by the Laws of Great Britain. By order 

ROB* FORSTER. C^ Up. Ho 

At the same time His Excell^ the Governor was pleased to send the 
following Paper to the I^wer House Viz* 



COLONIAL RECORDS. 265 



M' Speaker and Gent, of the House of Burgesses 

In answer to your unreasonable Complaint concerning Fees I roust 
inform you that I have proposed to the Speaker and most of the Mem- 
bers of your House that myself and all the Kings officers in this Prov- 
ince were very willing to have their Fees settled in the same manner as 
in Virginia Inspecting the Laws of that Country I perceive the Law- 
full Perquisites of officers there are more beneficial than here, having 
also read the answer drawn up by the Council to the aforesaid Complaint 
desire you Grent. sedately to Consider of it. For my own part I cannot 
refrain from telling you that whoever the Person was who formed the 
said Paper of Complaint I compare him to a thief that hides himself in 
a House to rob it and fearing to be discovered Fires the House and makes 

his Escape in the Smoke. 

GEORGE BURRINGTON 

Received the following Message from the Lower House Viz* 
To His ExcELL^ Y* Governor 

In answer to what your Excel 1^ was pleased to deliver in writing with 
the 37*** & 47*** Articles of His Majesties Instructions, We are of opinion 
that no Publick money ought to be issued but by the Gov' Council and 
Gen* Assembly. And this House is of Opinion that by the Act of 
Assembly passed in November 1715 Entituled an Act Publick Treasurers 
to Account this House in Conjunction with the Governor & Council hath 
a larger Right than only to view and Examine the Publick Accounts. 

This House is of Opinion that the 47*** Instruction doth not extend to 
officers appointed by Act of Assembly as are the Publick and Precinct 
Treasurers and sundry other officers. 

And as to the office of Publick Treasurer which you are pleased to 
mention in particular This House declares they are very well satisfied with 
the Ability & Integrity of the present Publick Treasurer Ed* Moseley 
Esq' who was appointed to that office in an Act of Assembly by the Gov- 
ernor Council and Assembly and we Conceive that such an officer so 
appointed is not to be removed but by the like Power : And further this 
House is of Opinion that the Publick Treasurers of our Neighbouring 
Governments are appointed in like manner by the Governor Council and 
Assembly 

By Order of the Gen" Assembly 

AYLIFFE WILLIAMS Clk 

Sent by M' Powers & M' Sayer. 

Then the House Adjourned 'till to morrow morning Eight of the Clock 

34 



266 COLONIAL RECOJJDS. 



Tuesday April 27^ The House met again and sent the following 
Answer to the forgoing Message Viz* 

Mr Speaker & Gent of the House of Burgesses. 

In answer to your Message yesterday we must observe that we find 
greater inclinations in you to Cavil & raise Difficulties than to do any- 
thing that may tend to His Majesties Honour and the good of the Prov- 
ince. Gentlemen, we mistrust it is the intent of some Persons to cre- 
ate Animosities and Foment Divisions a Method too fre(|uently Prac- 
tised formerly as well as now in order to Skreen and Secure themselves 
from an Enquiry into their Conduct which we believe has not been the 
most upright and regular, Nothing can be more clear or Express than 
the latter part of the 47* Instruction wherein His Majesty declares that 
no officer whatever shall be appointed but by himself or his Governor 
which surely excludes the House of Burgesses from any share in the nomi- 
nation of a Treasurer unless you can prove that the Treasurer is not a 
Publick officer. As to your present Treasurer we agree with you that 
he is a Person of sufficient ability, and we heartily wish that his Integ- 
rity was Exjuall to it, we must likewise inform you that he was not 
appointed by any Lawfull Authority and as to your pretended Law of 
1729 it is very obvious to any man who suffers not his Reason to be 
guided by a spirit of Faction that they are Void and was passed with no 
other intent than to deprive his Majesty of his just Rights settled upon 
him by the Laws & Constitutions of Great. Britain. 

By order of the Upper House 

ROB* FORSTER Clk 

Then the House Adjourned till to-morrow morning Eight of the 
Clock. 

Wednesday April 28*^ 

The House met again and adjourned 'till to-morrow morning Eight 
of the Clock. 

Thursday April 29**» 

The House met again and adjourned 'till to-morrow morning Eight 
of the Clock. 

Friday April 30^ 

The House met again. 

Read a Bill for an Act Entituled an Act to R^ulate & Ascertain the 
Payment of Quit Rents and Fees of the Officers of this Government 
the first time and passed with Amendments. 

Adjourned 'till to-morrow morning Eight of the Clock. 



COLONIAL RECORDS. 267 



Saturday May 1** 

The House met again 

Received from the Lower House the three following Papers Viz* 

To His Excell^ George Burrington Esq" Governor and Com- 
mander IN Chief etc 

It was the greatest surprise imaginable to this House when they 
received your Paper in answer to Complaints concerning Fees. 

It is the undoubted right of your Representatives and nothing more 
properly their Business than to complain when they find the Subjects 
oppressed and the Trade of the Province injured And we can hardly 
find a more general Evil than what we have complained of. As our 
liaws have stood for near Twenty Years the Officers Fees have been paid 
in Paper Currency at the Rates mentioned in the Acts of Assembly And 
now when we find the Officers taking four times as much altho' the 
same Laws remain in forc^. Our complaints are called unreasonable^ 
nor doth what you say of your proposal to some of the Members out of 
this House of having the Fees settled as in Virginia in our Opinion 
put that affiiir in any better, but rather a worse light, that proposal 
being contrary to the Kings Instructions which Recommended the Fees 
to be Established in Proclamation Money. But what this House is most 
astonished at is the Close of your Paj>er where you tell the House you 
cannot refrain from telling them that whoever the person was that 
formed the said Paper of Complaint you compare him to a Thief that 
hides himself in the House to Rob it & fearing to be discovered fires the 
House to make his Escape in the Smoke. 

We assure you we have sedately considered your Paper and the answer 
of the Council sent therewith and as we think we have given them a 
Sufficient Answer 90 we trust we shall your Excell^ when we declare 
that the Complaint we sent was the unanimous voice of the whole House 
no one Member dissenting therefrom. 

And we are of Opinion that such Treatment of any Member of this 
House in Particular (which seems to l)e the intent of your Excell^ harsh 
simile) is a great Indignity and Contempt put on the whole House a 
Breach of Priviledge & Tends to the deterring the Mcml)ers from doing 
their Duty which we are well assured will be as Disagreeable to the 
Known Justi(« of His Sacreil Majesty to hear as it is Grievous & Hurt- 
ful to the Just Freedom of the Subjects. 

By order of the Gen" Assembly 

A. WILLIAMS. Clk. 
April y*28**»173L 

Sent by Messrs Russell & Bell. 



268 COLONIAL RECORDS. 



To THE HONOBLE THE CoUNCIL 

It is the opinion of this House that the 47 Instruction was never 
designed by His Majesty to Vacate such Authorities as are granted by 
Act of Assembly but only to prevent all Persons whatever acting by any 
Commission from the late Lords Proprietors even such whose Right to 
offices by grant from the Proprietors were preserved by the Act of Par- 
liament are (as we understand the Instruction) obliged to have their 
Coraisions renewed by His Majesty or the Governor : But we do not 
understand that Instruction in such sense as that those Persons who are 
Authorized by Act of Assembly must nevertlieless have his Majesties or 
the Governors Comision And we hope we may retain this sense of that 
Instruction until His Majestys Pleasure be signified thereon without 
those severe Expressions mentioned in your Paper being flung on this 
House or any of its Members for whatsover you may say we are resolved 
by our Conduct & Behaviour to shew our Duty and Loyalty to His 
Majesty and to do everything we think may tend to His Honour and the 
good of this his Province, and we hope when we forbear to return such 
injurious Language as is given to this House, we shall shew we do not 
mean to Cavil and Raise Difficulties, Nevertheless we think it our Duty 
to declare this Hguse is of Opinion that the several Expressions con- 
tained therein reflecting in general Terms on some Members of this 
House and on the Publick Treasurer in particular are very unprece- 
dented & a great violation and breach of the Privi ledges of this House 
and as to the Character of the Publick Treasurer the present Speaker of 
this House The Members of this House declare they are very well satisfied 
as well with his Integrity as his Ability, his accounts always appearing 
to be just and True and have this present session been examined by a 
Committee of both Houses and further we believe it to be our Duty to 
represent unto His Majesty the ill usuage this House in general and some 
Members in particular have received. 

As to your opinion declareil in your Message that the Laws made in 
1729 are Void we hope we may without oflenc* declare our different 
opinion, whicli is that they ought to Remain in Force untill the Royall 
Pleasure is signified thereon, and where those Laws to be otherwise dealt 
with, we imagine it would cause great Confusion in this Province in that 
it would obstruct the Currency of Bills therein Established and be hurt- 
full in many otiier Cases, on whicli occasion we proiK)se to Address His 
Majesty and to shew that the Assembly of this Province never meant to 
deprive His Majesty of any of his Rights. What you say of the Pub- 
lick Treasurers not being appointed by Lawfull Authority we doubt not 



COLONIAL RECORDS. 269 



but you will alter your opinion because were it to be admitted that the 
Laws passed in 1729 were isso facto Void as being made since His Maj- 
esties Purchase which yet we do not grant yet nevertheless his appoint- 
ment to that office has been by several Acts of Assembly ever since the 
year 1715. 

By Order of the Gren" Assembly 

A. WILLIAMS. 0\ 

April 28«^ 1731. 

Sent by Mess" Russell & Bell. 

To THE HONO"' THE MEMBERS OF Y* COUNCIL. 

This House finding the Two Resolves sent from you founded on three 
particular Assertions mentioned in the preamble to the said Resolves, 
Viz* 

1** Concerning His Majesties Instructions. 

2^*^ The Resolutions of this House thereon as you say. 

3rdiy rj^Yie Powcr which you pretend this House hath assumed. 

The House conceiving that you have not only put a wrong sense on 
the Kings Instructions, but also on the Proceedings of this House. We 
think ourselves bound to clear up such reflections as are cast on us by 
your Paper. 

Wherefore we say to the first we are of Opinion you mistake the 
Royall Instruction it appearing to us to be only proposed by His Maj- 
esty that the Fees shall be regulated and E^stablished by Act, yett untill 
that is done for which in Obedience to His Majesties Instructions this 
House directed y* 21'' day of the instant April a Bill to be prepared for 
that purpose, Officers ought not to have Enacted what Fees they thought 
proper but to have observed our Laws provided therefore. 

2»*'y This House never declared that the said Instruction was contrary 
to Law or tended to the Oppression of His Majesties Subjects but that 
the Officers their taking larger Fees than is by Law appointed was an 
oppression of the Subjects nor did this House immediately come to that 
Resolution altho' the nature of the offence could not but be most highly 
moving nor was it so soon delivered afler the Instructions were laid 
before us as is suggested, for the Instructions came before the House the 
19*** and the Resolution pass'd the 21"* day of that Instant, & then on 
reading the Complaints of the Masters of Vessells Merchants & Traders, 
not supix)sing that His Majesties Instructions had the least Tendancy to 
Countenance the oppression Complained of, and in truth nothing could 
have been more amazing unto to us than to see our Complaint against so 
ill^all practice put off with so unjust a Construction. 



270 COLONIAL RECORDS. 



S"*^ This House never arrogated or assumed to themselves such Power 
as is represented in the last part of y* preamble, nor does the House con- 
ceive that their Complaint icau be so construed, because in your Paper it 
is declared that they had the business of the Fees under their Considera- 
tion pursuant unto His Majesties Instructions, and as that Instruction 
proposed it to be done by an Act it ought not to be imagined it would 
have been proceeded on otherwise, indeed had this House published any- 
thing towards r^ulating the Fees otherwise than with the consent of 
Governor & Council such an attempt would have been highly blameable. 

As this House hath thus given just Satisfaction to the Council in those 
particulars and Vindicated themselves from the aspersions cast on them 
as Invadors of the Royall Perogative or reflecting on the Honour. & 
Dignity of the Crown, Endeavouring to divest the Gov' & Council of 
their parts of the Legislature or arrogating any other part of Govern- 
ment than is consistant witli the Laws of Great Britain and the Charter 
granted by King Charles the second to the Inhabitants of this Province, 
so we hope you will join with us in our Request to the Governor that 
he may issue a PnKjlamation declaring such practices to be contrary to 
Law and an Oppression of the Subject, & strictly forbidding all officers 
to take larger Fees than are by I^w appointed under pretence of difler- 
ence of Money untill such time as they are R^ulated by authority of 
Gov' Council and General Assembly, this House now having the same 
under their Consideration persuant to His Maj*** Instruction. 

Bv Order of the Gen" Assemblv 

A. WILLIAMS 0\ 
April 28'*» 173L 

Sent by Mess" Russell and Bell. 

The House adjourned 'till Monday Morning Eight o'Clock 

Monday May 3'*. The House met again & His Exoell^ the Gov' 
sent the following Paper to- the Lower House. Viz* 

M' Speaker & Gent, of the Assembly. 

As there are certainly several things in your last Message very Excep- 
tionable I suppose it will be no breecli of Priviledge in me calmly to 
point them out to you nor can* it be any Injustice to say tliat the I^an- 
guage of your last Message as well as the former about Fees was very 
Coarse & Rough and certainly wanteil the Respect that is due to a Per- 
son in my station which you will in time be Convince<l of and obliged 
to alter your Method. 



COLONIAL RECORDS. 271 



It is allowed you that the House of Representatives have a Right to 
Complain when Injured but it ought always to be done with Decency 
and Good Manners which I think is very much wanting in that part of 
your last Message which tells me I have put the Affair in a Worse Light 
and accuses me of having made a Proposal contrary to His Majesties 
Instructions in relation to the OiBces in Virginia which I only Recom- 
mended as a Guide or Rule to r^ulate the Fees hereby in Proclamation 
Money, as His Majesty has positively directed they shall be taken for 
the Future And you will find Gent, if you will give yourselves time 
to peruse the Kings Instructions that one of them gives the Governor & 
Council Power to Regulate and settle Fees and Tables of such Fees to 
be hung up in the Respective Offices they belong to, I desire to know 
how you understand this Instruction ? It appears to me that the Gov' 
& Council are impowered to R^ulate and Establish Fees and whither 
there was not Occasion for it at this Juncture must be lefl to further 
Enquiry. His Majesty has positively declared in His Instructions that 
for the future all Fees shall be paid in Proclamation Money which is in 
Effect Repealing all Laws that declare Fees shall be received otherwise. 
Before the Assembly met, myself and the Council pursuant to the above 
Instruction declared what was the Value of Proclamation Money in 
Bills as they now pass This is what you call Oppression, Arbitrary 
and Illegal Prcx^eedings, General Evil and a hindrance to Trade; 
Charges that are very Extraordinary in their Nature and ought to have 
been well supported, but in the manner they are used are really very 
Surprising and Astonishing. 

The Council have already in their Amendments to the Bill for Fees 
made it Evidently appear that the officers in their Fees by your late 
Emission of Bills of Credit in the year 1729 were very much injured, a 
Crown Sterling being rated before that time at seven shillings and six 
pence by Law, in the R^ulation on the late Emission of Bills was 
valued at Twenty five shillings. And it is very manifest that most of the 
Fees now subsisting were stated before the Emission of any Bills at all, 
and that the Bills by this time had it not been for the Emission in 1729 
would or ought to have been sunk ; so that it is an apparent Loss and Dam- 
age to the officers if they are obliged to take the same Fees in Bills of 
the late Emission or anything near it, and what inducement it will be to 
His Majesty to tolerate the late Bills I leave you to judge when I tell 
you it must .be Represented to the King that these Bills now Currant are 
hurt to no one but his officers only who must abandon their Employ* 
ments and Depart this Province or starve here if they take their Fees in 
the kind manner you prescribe or desire. 



272 COLONIAL RECORDS. 



Greutlemeu the disrespect shewn me I was informed by some Members 
of your House was occasioned by one Person who pulled the said Paper 
out of his Pocket that he might divert tlie House and take them off 
from another Subject then under Consideration. It was my good opin- 
ion of the House induced me to think they were surprised into such 
Indescent Expressions, but you now Convince me Gentlemen that who- 
ever was the Author thereof it is sufliciently supported by your Pat- 
ronage 

Since you sent that Gallant Paper there have been two Gent, of the 
Council have moved to have Proclamations issued which I refused for 
the same reason you were denyed (there being no Occasion) I am Con- 
cerned that any Gent, either in your House or in the Upper, will suffer 
their thoughts to run so much on Proclamations. I judge it will 
Redound more to your Credit and the good of this Province if you dili- 
gently apply yourselves in perfecting what the King has recommend to 
you in the Eight Instructions delivered to your House. 

GEO. BURRINGTON. 

Then the House adjourned till to-morrow morning Eight of the Clock. 

Tuesday May 4*** The House met again & received the following 
Message from the Lower House. Viz* 

To His Excell^ y* Governor & Council. 

This House desires to know whither the Power of the Assistant Jus- 
tices in this Province is Equal I to the Associate Justices in England or 
what is their Power, For we have now under our Consideration the Bill 
relating to Circular Courts. 

By order of the Gen" Assembly. 

A. WILLIAMS. a\ 
Sent by M' Kenyon and M' Barrow. 

Then the House adjourned 'till to-morrow morning Eight of the Clock. 

Wednesday May 5*** The House met again and sent the following 
Answer to yesterdays Message. 

M' Speaker & Gent, of the House of Burgesses. 

This House having considered your Message and Perused the Warrant 
from His Majesty appointing William Smith E^" Chief Justice Are of 
Opinion that the full & sole Power of holding the supream Courts of 
Judicature is in the s*' William Smith and that the Assistants have not 



COLONIAL RECORDS. 273 



an Equall Power with the Associate Justices in England nor any Judi- 
cial Power. 

By Order of the Governor & Council 

ROB* FORSTER. C^. 

Received the following Message from the Ix)wer House. Viz* 

To His Exceli/ the Governor & Council. 

This House l^eing senseble that sundry Grants for Lands have been 
issued since His Majesties purchasing the Province, some of them on old 
Warrants & some for raising Money towards defraying the Charge of 
running the Dividing Line between this Pmvince & Virginia, the pur- 
chase money for which has been paid to William Ijittle Esq" late Ret' 
Gen» 

It is the recjuest of this House to his Exoell^ the Governor and the 
Hono**^* the Council that they will joyn this House in an Address to 
His Majesty to Confirm all such Titles, thereby to prevent any Disputes 
that might otherwise arise. 

And further this House recjuests that the said William Little may be 

obliged to give secu^ to repay to all such Persons the purchase Money 

received by him for such Grants as shall be made Void by His Majesty 

if any such shall be in cuse the said William Little hath not paid away 

the same by order of the Government. 

Bv Order of the Gen* Assembly. 

A. WILLIAMS. C^ 
Sent by M' Russell & W Bell. 

Then the House adjourned till to-morrow morning Eight of the Clock. 

Thursday May 6^ The House met again. 

Resolved that the Consideration of the Answers to His Excell^* Speet^h 
be adjourned till next Wednesday. 

Edmond Porter Esq" his Majesties Judge of Vice Admiralty and a 
Member of this House, made the following Protest. 

£10. Sterl. Money to be divided amongst the officers of Vice Admi- 
ralty. 

^ To the Judge £ 4. 3. 4 

^ To the Register 2.13. 4 

\ To the Advocate 2.10. - 

iV To the Marshall -.13. 4 

£10.—. - 
Or an Equivalent in Proclamation Money. 

35 



274 COLONIAL RECORDS. 



Any Act made to the contrary of the above List of Fees, I do hereby 

dissent from and Protest against 

Signed E PORTER 

at the Council Board this 6*** day of May 173L 

Then the House adjourned 'till to-morrow morning Eight of the 
Clock. 

Fryday May 7*** 

The House met again and His Exce**^ the Governor sent the following 
Paper in answer to the last Message from the Lower House. Viz* 

M' Speaker & Gent of the Assembly. 

In answer to your Message of Wednesday I must inform you that I 

am Commanded by His Majesty to send an account to the Lords of 

Trade & Plantation of all Patents for Land granted by Sir Richard 

Everard Bart and the late Council since the time His Majesty com- 

pleated His purchase of this Province. I am Convinced the Charge 

given in by the Commissioners appointed to run the dividing Line 

between this Government and Virginia is very modest, I believe the 

Lords of Trade will not deem it otherwise. I cannot think it proper 

for me to Joyn in the Address you desire I will represent a true state 

of the Affair to the Lords of Trade; as to the last Paragraph I think 

the persons who signed those Patents, having no authority to dispose of 

the Lands may be as Lyable as M' Little who acted only under them & 

by their immediate appointment 

GEO. BURRINGTON 

Adjourned* 'till to-morrow morning Eight of the Clock. 

Saturday May 8**» 

The House met againe. 

Read a Bill for an Act entituled An Act for Establishing & fixing the 
Supream Courts in this Province and enlarging the Power of the Pre- 
cinct Courts the first time and past with amendments. 

Resolved that Nathaniel Rice Robert Halton & J'** Bap* Ashe Esq" be 
and they are hereby appointed a Committee to joyn with such Members 
as shall be appointed in the Lower house to confer on the subject matter 
of the Bill now before this House Entituled an Act to R^ulate & ascer- 
tain the payment of Quit Rent & Fees of the officers of this Government. 

By order 
ROB* FORSTER C^ of f Upp : House 



COLONIAL RECORDS. 275 



And the Lower House thereon sent the following Resolve in Answer. 
Viz* 

To THE HONO"* THE COUNCIL. 

Resolved that M' Callen Pollock, M' William Downing, M' Chas: 
Denman, Col : Thomas Swann, M' John Etheridge, M' Edward Salter, 
M' Thomas Pollock, M' Rich* Russell, M' Thomas Smith, M' William 
Willson, M' Walter Lane, & M' William Williams be a Committee to 
joyn witli the Committee of the Upper House to confer on the Bill for 
an Act Entituled an Act to R^ulate and Ascertain the Payment of Quit 
Rents & Fees of the officers of this Government. 

By order of the Gen^ Assembly 

A. WILLIAMS O^ 
Sent by M' W» Williams & M' Geo Winn 

Then the Hoase adjourned 'till Monday morning Eight of the Clock. 

Monday May 10*** 

The House met againe. 

Read a Bill for an Act Entituled an Act to R^ulate and Ascertain 
the payment of Quit Rents & Fees of the officers of this Government 
the second time so passed with Amendments. 

Then the House Adjourned 'till to-morrow morning Eight of the Clock. 

Tuesday May 11**^ 

The House met again & Adjourned 'till to-morrow morning Eight of 
the Clock. 

Wednesday May 12*** 

The House met again. 

Received the following Message from the Lower House 

To THE HONO"* THE COUNCH. 

Resolved that Major Henry Bonner M' Charles Denman, M' Grabriel 
Bumham, M' John Etheridge, M' James Castellaw, M' Thomas Smith, 
M' Richard Rustull, M' William Williams and M' Walter Lane be a 
Committee of this House to joyn such Members of the Council as shall 
be appointed to Examine and Settle the aoco** of all such Persons as have 
any Claims on the Publick, and they Report their Proceedings to this 
House for Approbation. 

Sent to the Council for Concurrance 

A. WILLIAMS O^ of y* Gen» Assembly 
By M' Thomas Pollock 

M' Isaac Hill 



276 <X)LONIAL RECORDS. 



Then the House adjourned 'till to-morrow morning Eight of the 
Clock. 

Thursday May 13* 

The House met again and sent the following Resolve to the Ix)wer 
House Viz* 

M' Speaker & Gent, of the House of Burgesses. 

Resolved that John Bapt. Ashe, Edmond Porter, and Cornelius Har- 
net Esq" l>e and they are hereby appointed a Comittee to Joyn such 
inenil)ers as is appointed in the Lower House to Confer on. Examine, 
and Settle the aoeo** of all such Persons as have any Claims on the Pub- 
lick. 

By order of the Governor & Council 

JOS: ANDERSON C^ of the Upper House. 

Read a Bill for an Act Entituled an Ac4 for Establishing & fixing the 
supreara Courts in this Province & enlarging the Power of the Precinct 
Court the Second time & passed with amendment. 

Adjourned Hill to-morrow morning Eight of the Clock 

Fryday May 14*** The House met again. 

His Excell^ the Governor delivered in the following Paper to this 
House Viz* 

Gentlemen of the Council 

The Bill for ascertaining officers Fees and Payment of Quit Rents 
being now before you and having l)een thrice Read in tlie House of Bur- 
gesses I think it proper l)efore it goes further to ask your opinion upon 
His Majesties Instructions about Quit Rents wither (by the Instructions) 
I may safely pass an Act whereby an Equivolent is to be taken instead 
of Proclamation Money, and if you shall be of the opinion of may, 
whether what is oiFered for i>ayment of Quit Rents in the Bill before us 
is a sufficient Exjuivolent to Proclamation money. 

GEO: BURRINGTON. 

Received the following Message from the Lower House Viz* 

To Hls Excell^ the Governor 

This House having now prepared such Bills as are thought necessary 
to he oiFered (pursuant to His Maj**** Instructions laid before us) this 
Session and the present Season of the year being proper for our Resi- 



COLONIAL RECORDS. 277 



deDce in our Plantations. We request that the Session may be ended in a 

few Days, & if any other matters may be thought necessary to be laid 

l)efore the Assembly, it may l)e done at the next Biennial the Election 

whereof is now within a few months. 

By order of the Gen^ Assembly 

AYLIFFE WILLIAMS C*. 
By M' W« Williams ifi; 

M' Geo : Powers 

Adjourne<l 'till to-morrow morning Eight of the Clock. 

Saturday May 15"* 

The House met again 

Received the following Message from the Lower House 

To His Exoeli/ y^ Gov' & Council. 

This House taking into Consideration the several Resolutions touch- 
ing His Majesties Instructions and other matters proposed to be laid 
liefore the Ijords Com miss" of Trade & plantations Representing the 
true state of this Province and as the same will make the address to His 
Majesty very large if the same were to be incerted therein. 

Resolved that Col: Edward Moselev, Thomas Pollock and Culleu 
Pollock Esq" Col. Thomas Swann, Capt William Downing, M' Charles 
Deuman, M' John Etheridge, M' Walter Lane or any four of them to 
l)e a Committee to draw up the said Address, representing the true state 
and Condition of this Province with respect to its Laws Currancy Trade 
Lands Rents and Tenures & other Affairs pursuant to the several Laws 
of this Government and the Notes & Resolves of the House relating to 
His Majesties Instructions and that the same be signed by the Speaker 
in the name and by the Appointment of the General Assembly of this 
Province and Transmitted to His Grace the Duke of Newcastle princi- 
pal secretary of state, and the Right Hono"' the Lords Comiss" of Trade 
& Pliuitations by such Agent or Agents as the said Committee shall 
appoint and that the said Committee shall be empowered to draw out of 
the Publick Treasury to defray the Charge of that Agency such sums of 
money as they shall think proper not exceeding £500 Paper Currancy 

Sent to the Governor & Council for Concurrance 

A. WILLIAMS C^ Gen» Ass: 

By M' Kenyon & 
M' Islands 



278 COLONIAL RECJORDS. 



Received the following Message from the Lower House 

To His Exce"^ the Gtovernor & Council 

This House takiug into Consideration the charge that M' Chief Jus- 
tice Smith must be at in fitting himself for going the Circuites pursuant 
to the Bill now proposed to be Enacted. 

Voted that he be paid the sum of One Hundred Pounds paper Cur- 
rency the better to enable him to proceed on that service. This House 
being willing to Express their good will and Esteam they have con- 
ceived of the said M' Chief Justices conduct & behaviour in his Station. 

Sent to the Upper House for Concurrance 

AYLIFFE WILLIAMS C* Gen» Assembly. 
By M' Burnham & 
M' Thos: Swann 

Received the following Resolve from the Lower House, Viz* 

To His Excell^ the Gov' & Council 

Resolved that the Comiss" of Edenton be and they are hereby invested 
with Power to make Rules for the better ordering and R^ulation of the 
said Town Affairs and that they have power to make & levy any Equall 
assm^ on the Inhabitants towards fencing in the said town or clearing 
what shall be needfull or for defraying any Petty Charges for the good 
& benefit of said Towne. 

Sent to the Grov' & Council for Concurrance. 

By order 
AYLIFFE WILLIAMS C^ Gen Ass 

Concurr'd with so as such assesment be legally made 

By order 
JOS: ANDERSON O* Upper House. 

Received the following Message from the Lower House 

To His Exceli/ the Governor & Council 

This House has appointed M' Thomas Pollock, Col : CuUen Pollock, 
M' Mackrora Scarborough, Col: Thos: Swann, M' W" Wilson, M' Wil- 
liam Barrow, and M' Evan Jones to be a Committee of this House to 
joyn such Members of the Councill as shall be appointed to examine the 
old Paper Currency and see the same destroyed. 

By order 

A. WILLIAMS C^ Gen: Ass: 



CX)LONIAL RECORDS. 279 



Resolved that the former Committee William Smith Edmund Porter 
and Cornelius Harnett Esq" be a Comittee now to joy n such Members 
as is appointed in the Lower House to Examin the old Paper Currancy 
and make their Report to both Houses. 

By order 
JOS : ANDERSON C^ Upp : House 

His Excell^ the Governor proposed to have a Conference with the Lower 
House about the Bills for ascertaining the payment of Quit Rents and 
officers Fees and for Establishing and fixing Supream Courts. 

Whereupon the following Message was sent to the Lower House. Viz* 

I 

M' Speaker & Gent, of the House of Burgesses 

This House demands a Conference of your House at four of the Clock 
this afternoon upon the subject matter of the two Bills Viz* a Bill ascer- 
taining officers Fees and paym* of Quit Rents and a Bill for an Act 
Entituled an Act for Establishing and fixing supream Courts in this 
Province and enlarging the Power of the Precinct Courts. 

By order 
JOS : ANDERSON O*' Upp. House 

The Governor laid on the Boards some heads for the Conference on 
the subject matter of the Debate concerning the the Bills with their last 
Amendments Viz* 

In the beginning of the second page. 

It is Expressed only Lands taken for the future shall be roistered 
with the Kings auditor or His Deputy. It is the King's intention that 
all Lands already taken up should be Roistered (19 Instruction) a Pro- 
viso that the Auditor shall keep a Deputy in every Precinct, I think 
we have no authority to compell him, and he may keep his office & 
appoint Deputies as he pleases. 

.In the third Page 

111 the Sixteenth Instniction, It is writte that all Fines Penalties etc 
must be reserved to His Majesty his heirs and Success" for Publick use 
& support of Government. 

In the 4*** — It is my Opinion that Officers acting by Patent in this 
Gt)vernment can only be turned out of their Places by the King upon 
some occasions a Suspension may be Lawfull. 

I^ast Article — We cannot by any means postpone the Payment of the 
Kings Quit Rents a Rec* Gen* is appointed 'tis supposed he is not with- 
out Instructions how he is to Proceed having Comission under the Kings 
Great Seal or Warrant. 



280 CX)LONIAL RECJORDS. 



And the Lower House attending accordingly a Conference was had 
and His Excelly the Governor delivered in his sentiments according to 
the above heads. After which the Ix>wer House withdrew and desired 
a Copy of the Heads spoke to by His Exoell^ the Governor which was 
accordingly delivered them. 

His Excell^ the Grovemor sent the following Message to the Lower 
House. Viz* 

M' Speaker & Gent, of the House of Burgesses. 

As an answer to your Message this day delivered to me by M' Ken- 
yon & M' Islands I again repeat what I have formerly said, that the 
business of this Country absolutely require an Agent in London for 
which reason I recommended to you in my Speech at the opening this 
session for the appointing one .with a proper salary. I now consent that 
an Agent shall be appointed by myself, Council and Assembly. 

GEO: BURRINGTON 
May IS"' 1731. 

Received from the Lower House the following Message Viz* 

To His Excell^ the Gov' & Council. 

In answer to the Conference this day. 

To the 1** Paragraph we say that as all Grants already passed are or 
ought to be Registred in the SecTetaries Office, from thence the Auditor 
or his Deputy may have Transcripts, but if any Grants should not be 
R^istred there, we will consent to have some method provided com- 
pelling People holding Lands to enter the same on the Rent Roll as y* 
Rec" of the Rents shall make his Collections or to enter the same with 
the Auditor or his Deputy so as Offices for that purpose be kept in each 
precinct or aft;er any other manner so it be not done at the Expence of 
the People. 

To the 2*** — We will use the style proposed by His Ma*' 

To the y* — We shall be content that in the Cases of Officers holding 
by Patent making a Breach of the Law they may be only suspended or 
otherwise Punished. 

To the last — As the King proposes to receive Proclamacon money 
we are willing for want thereof to make the best Equivolent we can to 
His Majesty, and therefore offer Tobacco according to the Practice of 
Virginia and as People are not provided to make sufficient for that pur- 
pose this year, we propose the payment thereof to be postponed until 1 it 
can be made, but if ready payment is ex[>ected we shall consent that it 



COLONIAL RECORDS. 281 



be made in other Comodities that may be made this present year accord- 
ing to a just valuation. 

This House doth not consent to alter the £150 per cent on Bill cur- 
rency. 

Concerning the Court of Chancery. 

That Court has always used to be held at the times and places when and 
where the General Courts have been, and all process returnable thereto 
to the third day of the General Courts but as that day was generally taken 
up with the Crown business it was Ruled that the doing the business in 
Chancery should be putt off untill the Monday following, and a Court 
so Established we Conceive ought not to be removed but by the Author- 
ity of Assembly, nevertheless as it has been proposed to give Ease to 
the Inhabitants by appointing General Courts in each of the three Coun- 
ties proposed to be erected, so we think it may be as necessary to Ease 
them with respect to the Court of Chancery, and if his Exce"^ shall 
be willing we propose that the power of the Court of Chancery may be 
lodged in the Justices of the Countys as it is in Virginia or in the Chief 
Justice or other proper Commissioners appointed for that purpose. 

By order of the Gen^ Assembly 

A. WILLIAMS C^ 

Received the following List of Claims from the Lower House Viz* 

To THE HONO"' THE Gov' & COUNCIL. 

THE REPORT OF THE COMMITTEE OF CLAIMS ALLOWED. 

To Thomas Murphy for a horse lost in the Countries ' 
Service, if found to be returned to the Provost Mar- 
sh" or Deputy for the use of the Publick and imme- 
diately dispased of by him at Vandue for that Pur- 
pose & the money lodged with the Precinct Treas* 
unless M' Murphey chooses to keep his horse. 
To I>* for his trouble and horse hire to White Oak 2 " 7 " 6 

To M"" W" Willson for horse hire in y* Countrys Service 8 " 10 " - 

To M' Roger Kenyon for a pair of hand cuflFs to Con- i 

fine a Criminal. j * " 

To Major Bonner for Expenses on His Excell^* ar- ) Qf;«iO" 

rivall. J 

To 4 Grand Jurymen for Chowan Viz* Major Bonner 

M' Thomas Lovick M' Will : ArkiU & Col : Wil- I 6 " — - 
Ham Harding Jones, 6 days each 
36 



y £ 22. 12. 6 



282 CX)LONIAL RECORDS. 



I 5" 5"- 



To 4 Grand Jurymen for Perquimons Viz* M' Charles "j 

Denraan M' Richard Skinner M' Joshua Long, M^ Y^ ^" — - 

Richard Whitbee, 8 days each ^ 

To 2 Grand Jurymen for Bertie Viz* M' Gray & Thos : 1 

Kearney 10 days each / "" 

To 3 Petit Jurymen for Bertie prec' Viz* Ekiward Moor, 

W" Charleton & Robert Warren 7 days each 
To 4 Petit Jurymen for Chowan Thomas Matthews, 1 

John Duning, William I^erton & John Robertson / ~ 

To James Potter for work done about the Court House 2 " 10 " - 

To Edmoud Gale for hiring workmen about the Court 1 

House / 

To Peter Young for two Journeys to Cape Fear on pub- ^ 

lick business including Ferrys & all other charges > 20 " — - 

(horse hire excepted) £40, whereof £20 is already paid ) 
To Major Bonner going to the Chowan Indians 3 " 10 " - 

To viewing the body of a n^ro as Coroner & paid the i 

Jury as by Law j z o - 

To sundry claims allowed William Mackey late Pro- i 

vost Marshall j 48" 5"- 

To Jno : Rogers Deputy Marshall for Craven Prec* for \ 

executing two writts for Election of Burgesses & V 4 " 6 " 8 

hiring a man to go to Core sound J 

To S' Rich** Everard for going over the sound upony 

Complaint made against the Tuskarooro Indians V 25 " — - 

Serv** Boats & Hands for 10 days ) 

To Attendance on 2 Assemblies who could not meet to 1 

do business for want of an Upper House / ~ 

To Jn* Saunders for apprehending & bringing up to^ 

Goal one Soloman Smith a condemned Criminal from > 10 " - 

Core sound ) 

To M' W" Williams for Victualls for the Tuskarooro, | 

p' Governors Order / 1 " — "" 

To D° for the Committees Expenses this Session 7 a _ 

To Ayliffe Williams for a Journal Book & a Lock <fe ) 2 " 12 " 6 

Key for the oflSce / 

£259" 8"2 

Sent to His Exoell^ the Gov' & Council for Concurrance 

AYLIFFE WILLIAMS. C. G. A. 

Sent by M' Smith & 

M' Barrow. 
Adjourned 'till to-morrow morning Eight of the Clock. 



COLONIAL RECORDS. 283 



Monday May 17*** 
The House met again. 

His Excell^ the Governor sent the following Paper to the Ix)wer 
House Viz* 

M' Speaker & Gent of the House of Burgeshes. 

I cannot think you sufficiently expressed your Good Will & Esteam 
to the Chief Justice of this Province by your voting him so trifling a 
sum as one Hundred Pounds Paper Currency, I think a Gent who 
possesses so high a post as Chief Justice of North Carolina & so Emi- 
nent a station as the first in His Majesties Council here, ought to be l)et- 
tar regarded. Therefore let you know it is my opinion you cannot make 
him a less present than Eight Hundred Pounds Currancy (in Value) is 
but one hundred Pounds Sterling which I will forthwith issue out a 

Warrant for if you desire me 

GEO: BURRINGTON 

Received the following Message from the Lower House in Answer to 
the Above Paper. Viz* 

To His Exgeli/ the GtOvernor. 

As we ai-e very well satisfied with the Abilities, Conduct & Behaviour 
of M' Chief Justice Smith in his station We thought ourselves obliged 
t^) offer him a sum as might purchase horses for the service he shall 
undergo & we look on ourselves the more obliged to do so in r^rd the 
first Quarterly paym* of his Salary is not to Cofnenoe untill September 
next & the reason of our oiTering no larger a sum was owing to the 
]K>verty of the Country which at present is encumbered with a large 
Debt. 

We cannot be of the same opinion with your Exoell^ to think there 

can be such a vast discount on our paper Currancy, Bills of Exchange 

l>eing lately sold at five for one, so hope his honor will rest satisfied 

with what the House has voted on that head. 

By order 

A. WILLIAMS. C. G. A. 
By M' Smith 

M' White 

His Excell^ the Governor requiring the Attendance of the Lower 
House they came in a full Body & the Gov' delivered his Speech to them 
in these Words. Viz* 



284 CX)LONIAL RECORDS. 



Gentlemen, 

It is now five weaks since I couveen'd you together and within a few- 
days after your Meeting I laid before you such of His Majesties Instruc- 
tions as I was Commanded in oixler to have I^ws framed upon them, in 
all which time nothing of that Nature has been offered from tlie House 
of Assembly but one Bill for the r^ulating Fees and Payments of Quit 
Rents, which Bill being thought in the Upper house in many things to 
Deviate from His Majesties Instructions particularly about the Quit 
Rents it could not be passed and you signifying in your late Message 
you had gone your furthest in it, having passed your last Amendments 
and that you had nothing now to offer, though there are several of His 
Majesties Instructions no ways yet considered of by you. I fear it will 
l>e to little purpose to keep you longer together, and indeed the Divisions, 
the Heats, and the Indecencies of your Debates growing daily among 
you gives me but a little room to hope that His Majesties Instructions 
and the true Interest of the Country will have their due weight with 
you. There was another Bill sent from the Upper House for tfie Ease 
of the Country by Circular Courts but was Clogg'd with such Amend- 
ments in your house as put a stop to it, and finding you are not now 
inclined to proceed upon anything further, but have in your Message 
desired a Re^^ess I shall comply with your Message hoping time will 
compose you to better thoughts. 

Gentlemen. 

After the many instances I have given of my afioetion for this Coun- 
try I need not take pains to Convince you how much I have at heart the 
welfare and prosperity of it, that cannot be obtained by Private and 
narrow Views which I wish T had not occasion to say I find prevails 
more than a publick spirit ; for my part nothing shall be wanting in my 
[K)wer for the benefit of this Province and I only ask in return your 
Dutifull Behaviour to His Majesties Commands the only way to recom- 
mend you to the best of Kings who never did, nor will impose anything 
unreasonable on his subjec^ts. 

Gentlemen op the Assembly 

I do now pn)rogue this General Assembly unto the sixth day of Sep- 

temlx^r next and it is h(»reby Prorogued 'accronlingly. 

GEO: BURRINGTON 
A Copv Exm'd bv 

ROB* FORSTER O^ 

of the Upper Hoase. 



^ 



COLONIAL RECX)RD8. 



285 



North Carolina — ss. 

A Journal of the Proceedings of tlie General Ansembly of North Caro- 
lina began and held at Edenton on Tuesday the 13*** Day of April 
1731. 

MEMBERS RETURNED. 



Chowan Prec* 

Coll : Edward Moseley 
Maj' Henry Bonner 
Collen Pollock ' 
Will" Downing } Esq 
John Lovick 

Pasquitank 

Coll : Tho* Swann 
M' Grabr* Bumham. 
M' GriflSn Jones 
M' Jerem** Symons. 
M' Charles Sayer. 

Bertie 

M' Auth' Williams 
M' Jam' Castlaw 
Coll: Tho: Pollock. 
M' Isaac Hill 
Capt. Geo: Winns 

Hide 

M' Tho : Smith. 
M' Will" Barrow. 

Carteret. 

M' Rich'' Russell 
M' Jos'* Bell 

Bath Town. 
M' Rog' Kennion. 



n 



Pequimans. 

M' Mackrora Scarborough, 
M' Sam" Swann. 
M' Rich* Skinner 
M' Chai** Den man. 
M' Marma*^ Norfleet, 

Currituck 

M' John Etheridge 
M' Henry White 
M' Geo : Powers. 
M' Rich** Islands. 

Beauford. 

M' Edw** Salter 
M' Sym : Alderson 



Craven. 

M' Willie Willson 
M' Evan Jones. 

Eladen Town. 
M' Will- WHHams 

Newboum Town. 
M' Walter Lane. 



The Members attended on His Excellency the Gover. in the Council 
Chamber, and were directed by him to chuse their Speaker, and said be 



286 COLONIAL RECX)RDS. 



would be ready to receive him in the Council Chamber at 9 'oth clock to- 
morrow morning. 

The Members returned to their house and chose Edw** Mosely Esq" to 
be their Speaker. 

John Baptista Ashe Es([" one of the nieuibers of the Council came to 
the Table of this House to administer the Oaths for the Quallification of 
the Members, and imediately Edw** Moscley, Esq' Si)eaker Maj' Henry 
Bonner John Lovick Esq" Cullen Pollock Escj" Will" Downing Esq" 
M' William Williams M' Mackrom Scarborough, M' Sam" Swann M' 
Rich* Skinner M' Char : Deuman M' Marmaduke Norfleet Coll : Tho : 
Swann M' Gabrill Burnham M' Griffin Jones M' Jeremiah Symons M' 
Charles Sayer M' John Etheridge Capt: Tho: LoN\i:her M' George 
Powers M' Rich** Islands M' Tho : Smith M' Will" Barrow, M' Edward 
Salter M' Roger Kennion M' Will" Wilson M' Joseph Hannis M' Arthur 
Williams M' James Castelaw Coll: Tho: Pollock M' Isaac Hill Capt: 
Jno : Winns, took and subscribed the Oaths, made and Subscribed the 
Declaration by Law appointed for their Quallification in the presence of 
the said M' Ashe. 

Adjourned to 8 'oth Clock Tomorrow Morning. 

Wednesday April 14?^ 
Mett according to adjournment 

The House attended the Governor and presented Edw* Moseley Esq" 
their Speaker, and then the Governor made the following Speech 

Gentlemen of the Council and Gentlemen of the House of 
Burgesses. 

His Majesty the King our most Gracious Lorrl and Master having 
honoured me by his commission to he Governor of this Province on my 
arrival here by and with the consent of Council Issued writts for the 
several precincrts and Towns to chuse Burgesses to meet on the 13th of 
this month I assure you Gentlemen it is a great satisfaction to me that 
we are now assembled I cannot doubt of your ready ciomplyanoe in pass- 
ing such Acts as are required by his Majesty in the lO"* 31*** 42*** Ql^ 63** 
75*^ 76"^ & the 114**» Articles of my Instructions 

Gentlemen 

I assure you that I have as much inclination to promote the Welfare 
of this country now as formerly I exi)ect every member of this Assem- 
bly comes liere with an Intent to doe everything that may ho, to the Kings 
Honour and the Go(xl of North Carolina I hope we shall behave our- 



COLONIAL RECORDS. 287 



selves with so much duty that his Majesty will have pleasure in granting 
us his Royall Favours when we approach his throne with our Humble 
Petitions 

Gentlemen 

There are Several matters absolutely necessary to be settled in this 
Assembly Particularly how to keep the Bills to the value they ought to 
pass for; The settlements being so far attended I think it needfull that 
the Chief Justice with his Assistants should for the ease of the people 
hold Courts in three different parts of the Province twice a year 

That Wills should be proved and Licences given by a projjer Officer 
in every Precinct. 

That effectual methods be taken to procure a direct Trade to Europe 
and the West Indies without which this Country will always continue 
poor. 

To pass an Act for building a Town on Cape Fear River and appoint- 
ing Commissioners for that purpose. 

To appoint an Agent and settle a Salary for transacting the affairs of 
this Province in England. 

Gentlemen of the House of Burgesses. 

I am fully sensible how necessary your presence is at this time of the 
Year on your Respective Plantations therefore will do all in my power 
to make this a short Session If you judge it necessary depute some of 
your House to advise with me on any matters you have occasion to debate 
which may expedite business and prevent Misunderstandings ; I recom- 
mend to you Unanimity and agreement and that your Debates be carried 
on with Modesty and good manners 

Gentlemen of the Council 

I return you my sincere thanks for the readiness you have shown in 
dispatching all Business that has come before us; Your Demeanour to 
me has been so full of respect that I am at a loss for words to express 
the esteem and due r^ard I have for persons of so great worth and ex- 
cellent Quallifications. 

Gentlemen 

My diligence and industry in promoting new Settlements in this 
Country when Governor for the Proprietors you remember and the 
happy Effects thereof are known to every man in this Province, that on 
Cape Fear River began by me Six years past is now the place of the 



288 CJOLONIAL RECORDS. 



greatest Trade in the whole Province. All the Reward I ever received 
for the Charges necessarily and unavoidably oo?asioued by that under- 
taking the losses I suffereil and the great Hardshi])s I endured was the 
thanks of a House of Burgesses 

Gentlemen 

Your behaviour at this time is of the utmost Consequence to North 
Carolina it is in your jwwer to make it y^ry happy by cheerfully and 
willingly {)erforming what is recjuired of you by the Greatest and best 
King that ever Swaid the British Scepter; Consider you have at this 
time a Governor that is intirely your Friend and Well Wisher that will 
joyn his own Interest to Obtain for this Country all that is now, or has 
any appearance of being for your good ; I sincerely desire that your 
Proceedings may accomplish and perfec^t all that is wanting to make this 
Country populous, happy and rich 

The Members returned to their House where the Governors Speech 
was read, also the articles of the Governors Instructions referred to in 
his Speech. 

Ordered. That the Consideration of the Governor's Speech be referred 
untill tomorrow morning. 

M' Williams delivered to the House his Majesties Commission to 
the Governor for the perusal of the members and the Satisfaction of the 
House the Same was publickly read, and a Copy thereof that was Deliv- 
ered by M' Williams l)eing examined and corrected 

Ordered. That the Same l)e Kept among the Papers belonging to the 
House and an Entr}' thereof in the Journal book and that the Original 
Commission l)c delivered to the Governor by the Memlx^rs of Chowan 
Precinct with the thanks of the House. 

The House made choice of Chris" Becket to Ix^ dore keeper and John 
Nairne to Ik? messenger of this House. 

Ordere<l. That M' John I^ackv late Clerk of this House, do forth- 
with deliver at the Table of this House, all the Journals and Papers 
belonging to the General Assembly 

The House proceeded to enquire into controverted Elections and 
Returns, and resolved that any Member of the House as is a Magistrate 
may give an Oath if thought necessary for the l)etter discovering the 
Truth wncerning such elections. 

On examining the Several returns for Newl)ern it apjieared to the 
House that M' Walter I-iane was elect^Kl for that town 

Ordered That the name of Joseph Hannis inserted in the return of the 
writ be erased and the name of Walter Lane inserted 



COLONIAL RECX)RD8. 289 



Ordered That M' Benjamin Peyton the Marshall of Bath County do 
cause John Rogers his Deputy to attend this House on the 26"* day of 
this month or sooner if it may be. 

Read the Petition of M' Patrick Complaining of an undue return of 
a member for Bath Town. 

Ordered. That M' Benjamin Peyton do cause his Deputy Jn" CoHis- 
son to attend this House the 26'** day of this month or sooner if it may 
be. 

Adjourn'd to 3 'oth Clock afternoon 

Met according to adjournment. 

The Members of Clowan precinct reporteil to the House that they 
waited on the Governor at his Hoase and delivered him the Commission. 

The House made choice of M' Williams to be Clerk of the General 
Assembly 

Ordered. That the said M' Williams do give sufficient security in the 
sum of 2000* Currancy of this Province for the faithfull Discharge of 
his Office the preserving and safe keeping the Journals and papers be- 
longing to the house and his delivering them to the Table of the house 
when required. 

Ordered. That the Original Deed of Grant from the true and absolute 
Lords Proprietors of Carolina, to the inhabitants of the County of Albe- 
marle dated in the year 1668 which was lodged by a former Order of 
Assembly in the hands of George Sanderson Ksq" be laid before the 
house a Monday next 

Read the Petition of M' Thomas Ijowther as Burgess for Currituck 
Precinct ; on which the House Examined Otho Holland the Marshall of 
Currituck and after the matter had been fully debated. 

Resolved. That M' Lo^vther was not duly elected. 

Ordered. That a Writt do issue for electing a Member for Currituck 
Precinct in the room of M' Lowther. 

It appejiring to this House that Otho Holland hath misbehaved him- 
self in the Said Election it is Ordereil : That the Messenger do take the 
Said Holland into Custody so as he have him l)efore this House tomor- 
row. 

Read the petition of Joseph Han n is complaining of an undue Election 
and return of M' Walter Lane as Burgesse for Newbern. 

Ordered that the said Petition be referred untill the Deputy Marshall 
of Cravan Precinct do attend the House. 

M' White, M' Jones, M' Alderson, M' Lane, M' Rustall and M' Bell, 
Members of this House M' AyliflFe Williams Clerk Christopher Becket 
37 



290 CJOLONIAL RECORDS. 



Dore Keeper and John Nairne Mesaenger, took the Oaths made and 
subscribed the Declaration by Law appointed at the Table of this House 
before Cornelius Harnett Esq" a member of the Council. 
Adjourned to 8 'oth clock tomorrow morning. 

Thursday April 15*^ 

Met according to adjournment. 

M' Ayliffe Williams Clerk of this House produced His Excellency 
the Governors Certificate in these Words viz* I do hereby certify that 
Ayliffe Williams Gentleman Clerk of the Assembly within this Province, 
hath this day given security in the Sum of five hundre<l Pound sterling 
for his Said Office which Bond is lodged with me. 

GEO: BURRINGTON 

Which was endorsed by Nath* Rice Esq" Secretary of the Province in 
these Words. I do hereby certify that the within mentioned Bond is 
lodged in the Secretarys office of this Province April 15*^ 1731. 

NATH RICE Secretary 

Ordered That the same Certificate do remain with the Speaker. 

The House directed the Governors Speech to be read. Whereupon it 
was Resolved that an address to his Excellency the Governor be pre- 
pared, giving him the thanks of this House for his kind Speech to this 
Assembly and to acquaint him that this House will Proceed to consider 
the several paragraphs thereof as soon as the same can conveniently be 
done. 

Ordered. That M' William Downing, M' Charles Denman, Coll : 
Thomas Swann, M' John Etheridge Coll : Thomas Pollock, M' Thomas 
Smith, M' William Williams and M' Walter Lane be a Committe for 
preparing the said address and that the Same be laid before the House 
tomorrow. 

Sundry Books and papers belonging to the House were delivered at 
the table by John Leaky said to be the Same as was lodged at M' West- 
beer^s. 

Ordered: That the same members who were present at their being 
removed from M' Westbeer's do Examine the same, and report to the 
House whither the same are all that were lodged there. 

Adjourned to 8 'oth clock tomorrow morning. 

Friday April 16*^ 
Met according to adjournment. 

Ordered. That John Lovick Esq** Coll : Cullen Pollock and M' James 
Castelaw be a Committe for preparing a Bill for the Ease of the People 



COLONIAL RECORDS. 291 



of this Province — relating to the Probat of Wills granting marriage 
Licences and other things. 

Read The humble Pettition of Esua Albertson, and other Petitions of. 
Merchants and Owners of Vessels in Beauford and Hide in r^uard to 
their Hardships in paying such large Fees to the Officers of the Ports 
in this Province. 

Resolved. That this House will resolve itself into a Committe of the 
whole House on Monday Morning next to consider of those and all other 
Grievances as shall come before this House 

Read "^e Petition of Grievances of the upper Inhabitants of Chowan 
Precinct also the Petition of Watkin Price. 

Ordered. That the said Petitions be referred to the Comitte a Mun- 
day next 

Adjourned to 3 'oth Clock in the afternoon. 

Met according to Adjournment. 

Otho Holland appeared at the Barr of this House according to order 
and made an humble acknowledgement of his Fault, humbly prayeth to 
be discharged. 

Ordered. That he be discharged paying his Fees 

M' Dawning reported from the Committe for drawing up an address 
to his Excellency the Governor which was read and after several amend- 
ments made. 

Ordered. That the same be engrossed and that this House will wait on 
his Excellencj' with the same Tomorrow. 

Adjourned to 8 'oth Clock Tomorrow Morning. 

Saturday April 17*** 

Met according to Adjournment 

Ordered: That the Publick Treasurer accounts and all others con- 
corned with Publick moneys be laid before this House a Wednesday 
next. 

Ordered. That a Bill be prepared for the more easy Administration 
of Justice to the Inhabitants in the Remote parts of this Grovemraent. 

The Address to the Governor in Answer to his Speech was read in 
the House and consented to. 

Ordered. That M' Isaac Hill, and M' Arthur Williams do wait on 
the Governour and acquaint him that this House is ready to attend with 
their address in answer to his Speech, they waited on the Governor and 
reported to this House that the Gt)vemor informed them their House 
was adjourned till Monday Morning. 

Adjourned to 9 'oth clock Monday Morning. 



292 COLONIAL RECORDS. 



Monday April 18th 

Met according to adjournment. 

Ordered. That the address of this House in answer to the Governors 
Speech be referred to further time for the Delivery. 

Ordered. That the Articles of the Governors Instructions laid before 
this House be referred to the Comraitte appointed to draw up an address 
to the Governor. 

M' Swann delivered at this Table the Original Deed of Grant from 
the Lords Proprietors to the Inhabitants of the County of Albemarle 
dated May 1**» 1668. ^ 

Ordered. That a Coppy Thereof be inserted in the Journal Book of this 
House and the Original kept by the Speaker for the time being. 

George Duke of Albemarle Master of his Majesty's Horse, Edward 
Earl of Clarendon, William, Earl of Craven, John Lord Berkeley, 
Anthony Lord Ashley, Chancellor of the Exchequer, Sir George Car- 
teret Vice Chamberlain of his Majesty's Household, Sir William Berke- 
ley Knight and Sir Peter Colleton Barronet The true and absolute 
Lords Proprietors of all the Province of Carolina. 

To our Trusty and wellbeloved Samuell Stephen Esq** Governor of our 
County of Albemarle and the Isles and Isletts within tenn Leagues 
thereof, and to our Trusty and Wellbeloved our Councellors and 
Assistants to our said Governor Greeting. 

Whereas We have received a Petition from the Grand Assembly of 
the County of Albemarle praying that the Inhabitants of the said County 
may hold their Lands upon the same terms and conditions that the 
Inhabitants of Virginia hold theirs, and forasmuch as the said County 
doth border upon Virginia and is much of the same nature Wee are 
content and do grant that the Inhabitants of the said County do hold 
their lands of us the Lords Proprietors upon the same Terms and Con- 
ditions that the Inhabitants of Virginia hold theirs. 

Wherefore Be it known unto all men by these presents that Wee the 
said Lords and Absolute Proprietors of the Couaty with the Province 
aforesaid Have given granted and by these presents do give and grant 
full Power and Authority unto our said Governor by and with the Con- 
sent of our Council or the Major part thereof, or to any Governor for 
the time being or that shall hereafter be by us appointed full Power and 
Authority by and with the Consent of our Council then being or the 
Major part thereof to convey and grant such Proportions of Land as by 
our Instructions and Concessions Anexed to our Commission bearing 
Date in October 1667 Wee have appointed to such persons as shall come 



COLONIAL RECORDS. 293 



iuto our said County to plant or inhabit; to be held of us and our Heirs 
and Assignes upon the same terms and conditions that land is at this time 
present usually granted in Virginia anything in our Instructions and 
Concessions aforesaid to the Contrary Notwithstanding. And we do 
hereby declare and consent that the Warrant to the Surveyor for the 
laying out of said land and the and the return thereon being roistered 
and also the Grant of you our said Governor and Council, or Governor 
and Council that shall that shall be when such land is due having the 
Seal of the County affixed to it and signed by yourself and major part 
of the Council for the time being, being roistered shall be good and 
eifectual in Law for the enjoyment of the said Land or Plantation and 
all the Benefits and proffits of and in the same Except one half of all 
Gold and Silver mines to the party to whome it is granted his heirs and 
assigns for ever he or they performing the Conditions aforesaid Given 
under our hands and great Seal of our Province this first of May Anno 
Domino 1668. 

R^ister^ y* 13 day of July 1693 
'^ Edw^ Mayo. Clerk : Council 

ALBEMARLE, JO: BERKLEY, G. CARTERET. 

CRAVEN, ASHLEY, P. COLLETON 

I M M >•» 

t THE I 
I SEAL I 

That as this day was appointed to examine into Several Grievances it 
be referred till tomorrow 

Adjourned to 9 'oth clock tomorrow morning 

Tuesday April 20*^ 

Met according to adjournment 

Edw* Moseley Esq' Publick Treasurer delivered in at the table the 
Publick Accounts. 

Ordered. That John Lovick Esq** M' Cha' Denman, M' Gabrill Burn- 
ham, M' Geo: Powers, M' Arthur Williams M' William Wilson, M' 
Will" Barrow, M' William Williams be a Committeof this House to be 
joyn'd with such members of the Council as shall be appointed to inspect 
and settle the same and the Accounts of all others concerned with the 
Publick money and report the Same to this house. 

Sent to the Governor & Council for Concurranoe. 

By order 

AYLIFFE WILLIAMS O^ Gen" Ass: 
J. fM' Williams \ 
^y \ & M' Winns / 



294 COLONIAL RECORDS. 



The Publick Treasurer also delivered in at the table Sixteen Bundles 
of Old Bills of Credit Exchanged by him Said to contain £7343.10.6. 

Ordered That the Committe appointed to settle the Publick Accounts, 
do exchange the Same parcels of Bills and make report thereof to the 
House that the Same Bills may be destroyed 

Received the following message from the Upper House 

M' Speak' & Gent* of the Lower House 

This house has appointed Will" Smith Edm"* Porter & Cornel : Har- 

net Esq" to be joyn'd by the Members by you appointed to inspect and 

settle the Publick Accounts 

By ord«r 

ROB : FORSTER for C*^ of the upper house 

Adjourn'd to 9 'oth clock Tomorrow Morning. 

Wednesday April the 21"* 

Met according to adjournment. 

The Artitjles of His Majestys Instructions referred to in the Gov- 
ernor Speec^h were read and debated. 

Whereupon the house came to the Following Resolutions : viz* 

On the 19*** Article — Resolved in the Address to be prepared to his 
Majesty the thanks of the General Assembly be dutifully given to his 
Majesty for his Fatherly indulgence in remitting the Arrears of Quit 
Rents due from Sundry persons in this Province. 

At the same time it may be mentioned that the Arrears in this Pro- 
vince were ver\' small in comparison with South Carolina. 

That the General Assembly accepts of his Majestys Gracious offer of 
receiving the Rent8 for lands in Proclamation money. 

That this house will proceed to regulate and ascertain the Fees of all 
Officers in Proclamation Money and as this House is of Opinion there is 
not a sufficient Currancy of Silver and Gold for a Twentieth part of 
what shall be necessary for the several payments to be made to the Offi- 
cers and for Rents: This house will propose that all such paymentA be 
made in some valuable commoditys or in the Bills : Now currant in this 
Province at proper Rates. And that a Bill for that Purpose be prepared 
accordingly. 

On the 31 — ^The Resolution of the House was 

That as the Inhabitanta of this Province pay so large Quit Rents 
which we are of Opinion amounts to the sum of 1200* ^ Annum which 
sum will increase as the Province becomes more fullv settled it is con- 
oeived we are not obliged to pay the Salaries of any Officers but that 




COLONIAL RECORDS. 296 



Salaries were established by the Lonls Proprietors and by their orders 
paid out of their Revenue arising by the Quit Rents and the sale of 
Land. 

The charge of the Gov* Council and assembly during their Session has 
been allways defrayed by the Publick 

On the 42* — The Resolutions of the House was 

That this will be ready to give such assistance as shall be necessary to 
cause a due cultivation of the Lands hereafter to be taken up but as 
to the Method of cultivating 3 Acres on every 50 which is said to be the 
Rule layd down by his Majesty, it is the Opinion of this House that so 
strict a rule will very much impeed the settlement of this Province, and 
thereby lessen his Majesty's Revenue, and that his Majesty be humbly 
addressM to permit Lands to be taken upon more easy terms and that 
in the said address to his Majesty mention be made of the Deed of Grant 
to the Inhabitants of the County of Albemarle. As also to confirm the 
Titles of such as have purchased Lands and paid their money for the 
same before the arrival of his Excellency the Governor. 

On the 61^ — The Opinion of the House was 

That the Law relating to Jurors do stand, in r^ard none are to be on 
Jurys but such as are in the Lists formed by the Assembly. 

On the 63"* — The House resolved that it Should be further considered 
and that Some proper Method be Provided for the better Government of 
Slaves. 

On the 75*** & 76**" — They are already provided for in the Acts relat- 
ing to Vesterys. 

On the 114*^ — That it be further considered. 

Ordered. That the Committee appointed to draw the address to the 
Governor be a Committe for drawing up an address to his Majesty, and 
to prepare Such Bills as are necessary & agreeable to his Majesty's 
Instructions, Referred to in the Governor's Speech. 

The House waited on His Excellency the Governor with the following 
add res. 

To HIS ExcELL*^ Geo: Burrington Esq"* His Maj**** Cap* Gen" 
& Gov' in Chief of North Carolina 

The humble Address of the General Assembly of North Carolina 

We the Kings most Dutifull and Loyall Subjects the Representatives 
of the People of North Carolina With great pleasure congratulate your 
Arrival in this Province, with that command which his most gracious 
Majesty has been pleased to confer on you ; We have formerly Expe- 



296 (X>LONIAL RECORDS. 



rianccd your care for the Welfare of this country and we rest fully 
assured that We Shall not want your best Endeavours to promote the 
lasting Happiness of the People of this Province We Sincerely promise 
for ourselves that we will not be wanting to do everything that we think 
may contribute thereto and the Honour and Interest of Majesty's Ser- 
vice. 

The several Articles of His Majesty's Instructions which you have 
laid before this House shall be Duly considered to us, and as we propose 
to address his Royall Majesty concerning some of the matters contained 
therein, we doubt not but our dutifull behaviour to you, and what we 
shall propose for his Majesty's service and the Welfare of this Province 
will procure our Addreases a favourable Reception. 

We observe how particularly you recommend to us the settling a 
method to keep the Bills currant in this Country to their Value; We im- 
agine the same is already sufficiently provided for by the Act passed in 
the Biennial Assembly 1729 nor do we find but the Credit given them 
by that Act is preserved by the Currancy they have obtained all over 
this Grovernment but if any better Method can be proposed for estab- 
lishing their value we shall very readily take the same into our Consid- 
eration. 

As Every thing your Excellency rt?commends shall have its due weight 
with us we are of opinion with you that the remote Scituation of Divers 
parts of this Province from Edenton the metropolis of this Grovernment 
will make it necessary that some Provision be made for the more easy 
Administration of Justice in those remote parts A bill for which Pur- 
j>ose wee shall order to be prepared accordingly. 

We heartily thank you for the ease you propose to the Inhabitants 
relating to Wills and Licences a Bill for which Purpose Wee have 
ordered to be prepared: and as your Excellency has indulged us thus 
farr We make no doubt that when we propose other matters of equal 
concern for the good of this Province we shall have your Chearfull Con- 
currence. 

We understand there is a Town already establised on Cape Fear River 
called Brunswick in New Hanover Precinct in Respect to one of the 
Titles of the Illustious House of Hanover and we are informed it is like 
to be a flourishing place by reason of its excellent sc^ituation for the 
Trade of those parts, to promote which or any other place on that River 
that shall be judged more proper. We will readily give such assistance 
as is in our Power. 



COLONIAL RECORDS. 297 



The Services don this Province by the settlement bc^n by you at 
Cape Fear we have a gratefull sence of which we shall make evident on 
proper Occasions and in a particular manner we propose to be mindfull 
thereof in our Address to His Majesty. 

All the other parts of your Excellency's Kind Speech we will take 
into our serious consideration. We hope the Behaviour of the Assem- 
bly of this Province at this Juncture and at all times hereafter will 
demonstrate that the Inhabitants of this Province have the greatest Duty 
and Loyalty to his Majesty, Zeal and affection for your Excellency and 
the Welfare of this Province. 

By order of the General Assembly 

E. MOSELEY Speaker. 

The House returned and M' S|>eaker reported that the Governor 
ordered this House do attend him at Eleven a Clock to morrow morning 

Read the Petition of Merchants and Masters of Vessells &c : 

Complaining of Exorbitant Fees taken by the Collector and Naval 
Officer of Port Bath 

Onlered that the following Resolution be sent to the Governor an 
Council 

Whereas By the Royal Charter granted by King Charles the Second 
to the Lords Proprietors of Carolina it is granted that tlie Inhabitants 
of this Province shall have, posses enjoy all Liberty's Franchises and 
Privileges as are held po.ssest and enjoyed in the kingdom of England. 

And Whereas it is the undoubted Right and Priviledgc of the People 
of England that they shall not l)e taxed or made lyable to j)ay any sum 
or sums of money or Fees other than such as are oy Law established 
Notwithstanding which it appears by Complaint made in most parts of 
this Province that the Officers in General, do demand, take and receive 
from the Inhabitants and Masters of Vessells trading to this Province, 
four times more than the Fees appointed by the Laws of this Province 
to the great Discouragement of the Trade of this Province and the 
Oppression of the People 

Resolved. That this House do wait on the Governor with this Com- 
plaint and that the Council be desired to joyn with this House in request- 
ing His Excellency to issue a Proclamation, declaring such Practices to 
be contrary to Law: and an Oppression of the subjects; and strictly for- 
bidding all Officers to take larger Fees than is by Law appointed, under 
Pretence of difference of money untill such time as the Officers Fees 

38 



298 COLONIAL RECORDS. 



shall be regulated by Authority of Assembly, this House now having 

the same under consideration pursuant to His Majesty's Instructions 

By Order 

WILLIAMS f O* Gen" Assem**^ 
M' Scarborough 
& M' Denman 

Adjourned to 8 *oth clock Tomorrow morning 



By{ 



Thursday April 22* 

Met according to adjournment 

The House waited on His Excellency the Grovernor pursuant to yes- 
terday Order 

The House returned and M' Speaker Reported that the Governor 
caused two of his Instructions to be read before them viz' 37*** & 47*^ 

Resolved. That this House Send the following Request to His Ex- 
cellency the Grovernour. 

The House Request his Excellency the Governor that he will be 

pleased to lay before this House a Copy of the Two Instructions which 

he read to them and that what his Excellency shall think proper to Say 

to this House on those Instructions may be put into writeing 

By order 

WILLIAMS O* Gen" Assem"^ 
By M' Skinner 

& M' Bumham 

Adjourned to 9 'oth clock tomorrow morning. 

Friday April 23* 

Met according to adjournment 

To His Excellency the Governor. 

Voted. That the Rever* M' Nicholas Jones be paid the sum of tenn 
Pounds for officiating Divine Service this Day before the Grovernor 
Council & Assembly and his Excellency the Governor is requested to 
issue this Warrant to the Publick Treasurer for payment of the Same 

Sent to the upper house for Concurrence 

By order 

WILLIAMS O^ Gen" Assem"^ 
M' Symons 
& M' Bumham 



{ 



/ 



CX)LONIAL RECORDS. 299 



Received the following message and the Copy of the 37* & 47** 
Instructions from the upper House. 

M' Speaker and Gentlemen of the House of Bubgesbes 

I think it necessary to cause Two Articles of my Instructions to be 
read to you that no Person in your House may pretend ignorance in a 
Matter where the Kings Commands to me are positive viz* 37** & 
47** you may apply to me when and as often as you desire to Inspect 
the Publick Accounts, and they shall be laid before you. I think it 
absolutely necessary for his Majesty's Service and the good of the Coun- 
try that a Treasurer be appointed, Therefore I shall with advice of the 
Council speedily appoint a fitt Person to execute that Important office 
untill His Majesty Commissionates one 

CH : FORSTER for the O* of the upper house 

Adjourned to 9 'oth clock Tomorrow morning. 

Saturday April 24**. 

Met according to adjournment. 

This House takeing again into consideration that Article of the Gov- 
ernor's Instructions relating to purchase of land whereupon it was pro- 
posed by some Members of this House that this House should address 
the Governor and Council to compel the late Receiver to give Security 
to repay the severall sums received by him for lands in case his Majesty 
shall declare those Grants to be void, with which William Little Esq" 
the late Receiver was acquainted by the House and was heard. 

Ordered. That the Governor and Council be addressed and that Coll : 
Tho : Swann, Coll : Cullen Pollock and M' James Castlaw be a Com- 
mittee and do prepare an address by Monday Morning Next. 

The opinion of this house on the 37** & 47** of his Majesty's Instruc- 
tions was sent to his Excellency the Governor but he not being in Coun- 
cil the delivery thereof was deferred till Monday. 

Adjourned to 9 'oth clock Monday Morning. 

Monday April 26** 

Met according to adjournment. 

Received the following message from the Council 

M' Speaker & Gent* of the House of Burgesses 

Whereas His Majesty in his Instructions to His Excellency the Gov- 
ernor hath ordered & directed that all Fees shall be paid to the officers in 
Proclamation Money and the said Instructions having been laid by his 



300 CJOLONIAL RE(X)RDS. 



Excellency's orders before the Council and House of Burgesses the 
said Burgesses immediately came to a resolution which they soon deliv- 
ered to His Excellency in effect declaring that the said Instructions were 
contrary to Law and tended to the Oppression of his Majesty's subjects 
and the said Burgesses having in their said Resolution Arn^ted and 
assumed to themselves the sole power of Establishing Fees Exclusive 
of the Governor and Council — 

Resolved. That the said Resolution of the House of Burgesses is a 
great invasion of his Majesties Pren^tive and do highly reflect on the 
Honour and Dignity of His Crown. 

Resolved. That the said Resolution of the House of Burgesses openly 
tends to divest the Governor & Council of their share of the l^islative 
authority vested in them by his Majestys Commission and Instructions 
founded on the Lawes of the English Constitution ; and that they setim 
therein to set up and erect some other form of Government than is 
allowed by the Laws of Great Britain. 

By order 
CH : FORSTER for the C"' of the upper House. 

M' Speaker and Gen" of the House of Burgesses. 

In answer to your unreasonable complaint concerning Fees I must 
inform you that I have proposed to the Speaker and most of the Mem- 
bers of your House that myself and all the Kings Officers there are more 
beneficial than here. Having also read the answer Drawn up by the 
Council to the aforesaid complaint, desire you Gentlemen Sedately to 
consider of it, for my own part I cannot refrain from telling you that 
whoever the person was that formed the said Paper of Complaint, I com- 
pare him to a Thief that hides himself in a house to rob it & fearing to 
be discovered, fires the house to make his escape in the smoak. 

GEO: BURRINGTON. 

This House immediately declared that the same complaint was the 
Unanimous Voice of the whole house no one member dissenting thereto. 

That this House never intended to assume to themselves alone the 
Power of establishing or altering Fees, this house having ordered a Bill 
for an Act to be brought in for r^ulating and establishing Fees. 

That this House will give a more full answer to the two Instructions 
which was to have gon a Saturday 

To HIS Excellency the (Jovernor. 

In answer to what your Excellency was pleased to deliver in writeing 
to us with the 37** and 47** Articles of his Majesty's Instructions, we 



COLONIAL RECX)RD8. 301 



are of Opinion that no public money ought to be issued but as directed 
by the Governor Council and General Assembly, and this House is of 
Opinion that by the Act of the Assembly passed in November 1715 
Entituled an Act Publick Treasurer to Account. This House in con- 
junction with the Governor and Council hath a larger Right than only 
to view and examine the Publick Accounts. 

This House is of Opinion that the 47*** instruction doth not extend to 
Officers appointed by Act of Assembly as are the Publick and Precinct 
Treasurers and sundry other Officers. 

And as the office of Publick Treasurer which you are pleased to men- 
tion in particular, this House declares they are very well satisfyed with 
the Ability and Int^rity of the Present Publick Treasurer Edward 
Moseley Esq** who was appointed to that Office in an Act of Assembly 
by the Qovernor Council and Assembly ; and we conceive that such an 
Officer so appointed is not to l>e removed but by the like Power, and 
further this House is of opinion that the Publick Treasurers of our 
neighbouring Governments are appointed in like manner by the Grov- 
ernor Council and Assembly. 

By Order 

WILLIAMS f O^ of the Gen" Assem"^ 
M' Powers 

& M' Sayer. 

The Elections of Newbern and Bath were disputed. 
Ordered. That the same be further considered Tomorrow. Adjourned 
to 9 'oth clock Tomorrow Morn' 

Thursday April 27**» 

Met according to adjournment. 

On Debate this day concerning the Election for Bath Bath Town, it 
appeared to this House that M' Roger Kennion was duly elected and 
returned 

On Pebate it appeared concerning the Election for Newbern Town 
that M' Walter Lane is duly elected and returned. 

Ordered. That leave be given to bring in a Bill for the better regu- 
lating the Elections of Burgesses for the Town. 

Ordered. That Coll: CuUen Pollock, M' Cha: Denman Coll: Tho: 
Swann, M' John Etheridge, Coll: Tho: Pollock M' Walter Lane and 
M' Tho: Smith be a Committe to draw up a more full answer to the 
two papers received from the Governor and from the Council. 



302 (X>LONIAL RECORDS. 



Received the followiug Message from the upper House. 

M' Speaker and Gent* of the House of Bukges8E8 

In answer to your message yesterday we must ol)serve that we find 
greater inclination in you to Cavill and Raise difficultyes than to do any- 
thing thay may tend to his Majesty's Honour and the good of this Pro- 
vince 

Gentlemen — We insist it is the intent of some persons to create ani- 
mositys and ferment Divisions a method too frequently practiced formerly 
as well as now in order to screen and secure themselves from an enquirey 
into their conduct which we believe has not been the most upright and 
regular. 

Nothing can be more clear or more express than the latter part of his 
Majesty's 47*** instruction wherein his Majesty declares that no Officer 
whatever shall be appointed but by himself or his Governor which 
surely excludes the House of Burgesses from any share in the nomina- 
tion of a Treasurer unless you can prove that the Treasurer is not a publick 
Officer. And as to your present Treasurer we agree with you that he is 
a person of sufficient ability and we heartily wish his Integrity was equal 
to it, we must likewise informe you that he was not appointed by any 
lawfull authority, and as to your pretended Laws of 1729 it is very 
obvious to any man who suffers not his reason to be guided by a spirrit 
of Faction that they are void and were passed with no other intent than 
to deprive his Majesty of his just rights settled upon him by the Laws 
and Constitutions of Great Britain 

By Order 

R. FORSTER C^ upper house. 

This house is of opinion that the Several Ebcpressions contained in 
the forgoing paper reflecting in general terms on some of the members 
of this House and on the publick Treasurer in particular are very un- 
presidented and a great Violation and Breech of the Priviledges of this 
House, and as to the caracter of the Publick Treasurer the present 
Speaker of this House who is particularly named therein : The members 
of this House declare they are very well satisfyed as well with his Integ- 
rity as his Ability His Accounts allways appearing to be just and true, 
and have now this Session been examined by a Committee of Both 
Houses. 

Ordered That the Committe appointed to answer the other papers; 
Do draw up an answer to this. 



CJOLONIAL RECORDS. 803 



Read the Petition of Jn*' Gilbert, Cha* Jones Chris: Zehn praying 
they may l)e levy Free — Granteii 

Ordered : That Josiah Montgomery of Hide pree* be Levy free. 

Ordered : That Will" Hooker of Bertie prec* be clear of duty and 
working on the high ways 

Adjourned to 9 'oth clock Tomorrow Morning. 

Wednesday April 28"» 

Met according to adjournment. 

To His Excellency the Governor. 

Voted. The Messenger that went to Cape Fear to Summons the Coun- 
cil on the first arrival of his Excellency the Grovernor in this Province 
be paid the Sum of tenn pounds for his Journey, and his Excellency the 
Governor is requested to issue his Warrant to the Publick Treasurer for 
the payment of the Same. 

Sent to the Council for Concurrance 

By Order 

WILLIAMS C^ Gen" AsBem"^ 

To His Excellency the Governor 

Voted. The Messenger that went to Cape Fear to fetch the Publick 
Seal of this Province be paid the Sum of tenn Pound for his journey. 
And his Excellency the Governor is requested to grant His Warrant to 
the Publick Treasurer for the payment of the Same. 
Sent to the Council for Concurrance 

By Order 

WILLIAMS C"^ Gen" Assemby 

Ordered. That Rich"* & Will" Islands of Currituck precinct be Levy 
Free. 

Read the Petition of Will" Killingsworth Praying that a Ferry be 
established on Roanoke River. 

Ordered. That leave is granted, and that M' James Castelaw & M' 
Arthur Williams do prepare a Bill accordingly. 

The Committe reported to the House that they had prepared a Draft 
of an Answer to the Governors as also an Answer to the two resolves of 
the Council, as also to the message delivered yesterday from the Council 
which were all read and consented to by the House nevertheless this 
House will defer the Delivery of the Same untill further order. 

Ordered. That Cornelius Daniel Jn*" Brock and David Perkins and 
Jn* Proctor of Beauford be Levy Free. 

Adjourned to 9 'oth dock Tomorrow Morning. 



304 CJOLONIAL RECORDS. 



Thursday April 29*^ 

Met according to adjournment. 

Read : The first time a Bill for an Act Entituled An Act To r^ulate 
an ascertaine the Payment of Quitt Rents & Fees of the Officers of this 
Government and passed. 

Read: The first time a Bill for an Act appointing a Ferry on Roan- 
oke River and passed. 

Adjourned to 9 'oth clock Tomorrow Morning. 

Friday April 30'*^ 

Met according to adjournment. 

Sent to the Upper House a Bill for An Act Entituled An Act to reg- 
ulate and ascertaine the payment of Quit Rents and Fees of the officers 
of this Government Also a Bill for appointing Killingsworth Ferry on 
Roanoke River both having been read the first time. 

Adjourned to 9 'oth clock Tomorrow morning. 

Saturday May 1** 

Met according to adjournment. 

To His Excellency Geo : Burrtngton Esq** Governor & Com- 
mander IN Chief &c: 

It was the greatest surprise imaginable to this House when they 
received your Paper in Answer to complaints concerning Fees. 

It is the undoubted Right of the Representatives and nothing more 
projKjrly their Business then to complain when they find the subjects 
oppressed and the trade of the Province injured and we can hanlly find 
a more generall Evil then what we have complained of. 

And as our Laws have stood for near twenty years the Officers Fees 
have been paid in Paper curraucy at the Rates mentioned in the Acts of 
Assembly, and now when we find the Officers taking four times as much 
altho' the same Laws remain in Force our Complaints are called unreas- 
onable — Nor doth what you say of your proposal to some of the mem- 
bers out of this House of having the Fees settled as in Virginia in our 
opinion put that affair in any better but rather in a worse Light, that 
proposal being contrary to the Kings Instructions which recommended 
the Fees to be established in Proclamation Money. 

But what this House is most astonished at is the close of your Paper 
when you tell the House you cannot refrain from telling them that 
whatsoever the person was that formed the said paper of complaint; you 
compare him to a Thief that hides himself in a House to rob it and 
fearing to be discovered fires the house to make his escape in the smoak. 



COLONIAL RECORDS. 306 



We assure you we have sedately considered your paper and the 
answer of the Council sent therewith and we think we have given them 
a sufficient answer so we trust we shall your Excellency when we 
declare that the Complaint we sent was the unanimous Voice of the 
whole House no one member dissenting therefrom. 

And we are of Opinion that such Treatment of any member of this 

House in particular (which seems to be the Intent of your Exoellencys 

harsh Simily) is a great indignity and contempt put on the whole House, 

a Breach of Privilidge and tends to the deterring the members from 

doing their Duty which we are well assured will be as disagreable to 

the Known Justice of his Sacred Majesty to hear as it is grievous and 

hnrtfull to the just Freedom of the Subjects. 

By Order. 

WILLIAMS f C^ Gen" Assembly. 
M' Rustell 

& M' Bell. 

To THE Hon"* The Members of the Council 

This House findeing the two Resolves sent from you founded on three 
particular assertions mentioned in the Preamble to the said Resolves, viz* 
1"* Concerning his Majesty s Instructions 
2*"* The Resolutions of this House thereon; as you say 
3rd 'pj^p Power which you pretend this House hath assumed. 
This House conceiving that you have not only put a wrong senoe on 
the Kings Instructions but allso on the Proceedings of this House, we 
think ourselves bound to clear up such reflections as are cast on us by your 
paper. Wherefore we say to the firet, we are of opinion that you mistake 
the Royall Instruction it appearing to us to be only proposed by his Maj- 
esty that the Fees shall l)e regulated and established by by Act, yett untill 
that is done for which in ol)edience to his Majestys Instructions this House 
direi^ted the 21** day of the instant Aprill a Bill to be prt^pared for that 
pnr[)ose Oflicers ought not to have exacted what Fees they thought projx^r 
but to have observed our Laws provided therefore. 

2*^ This House never declared that the said Instruction was contrary 
to I^aw or tended to the oppression of his Majesty's Subjects ; but that the 
Officers there taking larger Fees than is by Law apjwinted was an oppres- 
sion of the Subjects, nor did this House immediately come to that Reso- 
lution Altho' the Nature of the offence could not but be most highly 
moveing, nor was it so soon delivered after the Instructions were laid 
before as is suggested, for the Instructions came before the House the 19'*" 

39 



306 COLONIAL RECORDS. 



and the Resolution the 21** day of the Instant and then on reading the 
Complaint of the Masters of Vessells, Merchants and Traders, not sup- 
posing that his Majesty's Instructions had the least tendancy to counte- 
nance the Oppression complained of, and in truth nothing could have been 
more amazing unto us that to see our complaint against so Ill^al Practice 
put of with so unjust a construction. 

3«7 This House never arrogated or assumed to themselves such Power 
as is represented in the last part of the Preamble Nor does the House 
conceive that their complaint can be so construed because in your paper it 
is declared that they had the busineas of the Fees under their considera- 
tion pursuant to his Majesty's Instructions, and as the Instruction pro- 
posed it to be done by an Act it ought not to be imagined it would have 
been proceeded on otherwise indeed had this House published any thing 
towards r^ulating the Fees otherwise then with the consent of Governor 
and Council such an attempt would have been highly blameable. And 
as this House hath thus given just satisfaction to the Council in those 
particulars and vindicated themselves from the Aspersions cast on them 
as invaders of the Royall Prerogative or Reflecting on the Honour and 
Dignity on the Crown endeavouring to divest the Governor and Council 
of their part of the legislature or arrogating any other part of Govern- 
ment than is consistant with the Laws of Great Britain and the Charter 
granted by King Charles the Second to the Inhabitants of this Province. 
So we hope you will joyn with us in our request to the Governor that he 
may issue a Proclamation declaring such practices to be contrary to Law 
and an Oppression of the Subjects and Strictly forbiding all Officers to 
take larger Fees than are by Law appointed under Pretence of difference 
of money untill such time as they are regulated by authority of Governor 
Council and Assembly this House now haveing the same under their con- 
sideration pursuant to his Majestys Instnictions 

By Order 

WILLIAMS f O^ Gen» Assembly. 
M' Russell 

& M' Bell. 

To THE HoNotf the Council 

It is the Opinion of this house that the 47 Instruction was never 
designed by his Majesty to vacate Such authorities as are granted by Act 
of Assembly but only to prevent all persons whatever acting by any 
commission from the late Lords Proprietors even such whose right to 
offices by grant from the Proprietors were preserved by the Act of Par- 
liament are (as we understand that Instruction obliged to have their 



COLONIAL RE<X)RD8. 307 



Cotuiuissious renued by his Majesty or the Governor, but we do not 
understand that Instruction in such sence as that those persons who are 
authorized by Act of Assembly must nevertheless have his Majesty's or 
the Grovernor's commission, and we hope we may retain this sence of 
that Instruction until his Majesty's Pleasure be signified thereon without 
those Severe Expressions mentioned in your paper being flung on this 
house or any of its members for whatever you may say we are resolved 
by our conduct and behaviour to Show our Duty and Loyalty to his 
Majesty and to do everything we think may tend to his honour and the 
good of this his Province, and we hope when we forbeare to return such 
injurious language as is given to this House, we shall show we do not 
intend to cavil & raise Dificulties. Nevertheless we think it our duty to 
declare this House is of opinion that the severall Expressions contained 
therein, reflecting in general terms on some Members of this House and 
on the Publick Treasurer in particular are very unpresidented and a 
great violation and breach of the Privileges of this House And as to 
the Character of the Publick Treasurer the Present Speaker of this 
House the members of this House declare they are very well satisfyed as 
well with his Int^rity as Ability. His Accounts always appearing to 
be just and true, and have this present Session been examined by a Com- 
mitty of both Houses, and further we believe it to be our Duty to 
represent unto his Majesty the ill usuage this House in generall and 
some Members in particular have received, as to your opinion declared 
in your message the Laws made in 1729 are void We hope we may 
without Offence declare Our Different Opinion Which is that they ought 
to Remain in Force until the Royal Pleasure is Signified thereon, and 
were those Laws to be otherwise Dealt with we imagine it would cause 
great confusion, in this Province in that it would obstruct the Currency 
of Bills therein established and be Hurtfull in many other cases, on 
which Occ^asion we propose to address His Majesty, and to show that the 
Assembly of this Province never meant to deprive his Majesty of any of 
His Rights. 

What you say of the Publick Treasurer's not being appointed by law- 
ftill authority, we doubt not but you will alter your opinion because were 
it t<) be admitted that the Laws passed in 1729 were Ipso Facto, void as 
Ix^ing made since His Majesty's purchase, which yet we do not grant yet 
nevertheless His ap|>ointment to that Office has been by severall Acts of 
Assembly ever Since the year 1715. 

By Order. 
M' Russell WILLIAMS f C^ Gen" Assem**^ * 

& M' Bell. 



^C* 



COLONIAL RECORDS. 



Received a Bill for ao Act Entitled an Act to regulate and ascertain 
the payment of quit rents and Fees of the Officers of this Government, 
endorsed from the upper house. Pushed with amendments. 

R FORSTER C^ of the upper House 

Adjourned to 9 'oth clock a Monday morning. 

Monday May JJ* 

Met according to adjournment 

Received the following message from His Eicell*' the Gov' 

M' Speaker & Gov' op the Assembly 

As there are certainly several things in your last message very excep- 
tionable I suppose it will be no Breach of Privilidge in me calmly to 
point them out to you nor can it be any injustice to say that the language 
of your last message as well as the former about Fees is very coarse and 
rough and certainly wanted the respect that is due to persons in my sta- 
tion which you will in time be convinced of and oblidged to alter your 
method. 

It is allowed you that the House of Representatives have a right to 
complain when injured but it ought always to be done with Decency and 
good manners which I think is very much wanting in tliat part of your 
last message which tells me I have put the affair in a worse Light and 
accuses me with having made a proposall contrary to his Majesty's 
Instructions in relation to the Fees in Virginia which I only recommended 
as a guide or rule to regulate the Fees here by in Proclamation nmney as 
his Majesty has positively directed they shall be taken for the future. 
And you will find Gentlemen if yon give yourselves the Time to Peruse 
the Kings Instructions that one of them gives the Governor and Conncil 
Power to regulate and Settle Fees, and Tables of such Fees to be Hung 
up in the Respective Offices they l)elong too, I desire to know how you 
nnderstaud this Instruction it appears to me that the Governor and 
Ciuincil arc impowered to regulate and Establt.sh Fees and whither there 
was not Occasion for it at this Juncture must be left to further Enquiry. 

His Majesty has positively declared in his Instructions that for the 
future all Fees shall be paid in Proclamation money which is in Effect 
Repealing all Laws that declare Pees shall be received nthmrars. 

Before the Assembly met myself and the Count^il pursuant ,f.i tlte 
altove Instructions declared what was the Value of Proclamation money 
in Bills as they now pass : This is what you call Oppr**wion Arbitrarj' 
and Illegal Proceedings, General Evil and a Hindraikvtc Trade; ohar^^ 




CX)LONlAL RECX)RD8. 309 



that are very extraordinary in their Nature and ought to have been well 
Supported, but in the manner they are used, are realy very surpriseing 
and astonishing. 

The Council have already in their Amendments to the Bill for Fees 
made it evidently appear that the Officers in their Fees by your Late 
ICmission of Bills of Credit in the Year 1729 were very much injured 
a Crown Sterling being rated before that time at seven shillings and six 
pence by Law; and in the regulation on the late Emission of Bills was 
valued at five and twenty shillings; and it is very manifest that most of 
the Fees now Subsisting were stated before the Emission of any Bills at 
all and that the Bills by this time had it not been for the Emission 1729 
would or ought to have been sunk so that it is an apparent loss and dam- 
age to the Officers if they are obliged to take the Same Fees in Bill of 
the late Emission or anything near it and what Inducement it will be to 
his Majesty to tolerate the late Bills I leave you to judge when I tell 
you it must be represented to the King that these Bills now currant are 
a Hurt to no one but his Officers only, who must Abondon their Em- 
ployments and depart this Province or starve here if they take their Fees 
in the kind manner you prescribe or desire. 

Gentlemen. The disrespect shown me I was informed by some Mem- 
bers of your House was occasioned by one person who pulled the said 
paper out of pocket that he might divert the House and take them of 
from another Subject then under consideration. It was my gtxxl opinion 
of the House induced me to think they were surprised into such inde- 
cent expressions but you now convince me Gentlemen that whoever was 
the Author thereof, it is sufficiently supported by your Patronage. 

Since you sent that gallant paper there have been two Gentlemen of 
the Council have moved to have Proclamation issued which I refused for 
the Same reason you were denyed (there being no occasion) I am con- 
cerned that any Gentlemen either in your House or in the Upper will 
suffer their thoughts to run so much on Proclamations I judge it will 
redound more to your Credit and the good of this Province if you dili- 
gently apply yourselves in perfecting what the King has recommended 
to you in the eight Instructions delivered to your House. 

GEO: BURRINGTON. 

Read the Bill for an Act Entituled An Act to regulate and ascertain 
the payment of Quit Rents and Fees of the officers of this Government 
and after Debate t'was referred untill Tomorrow. 

Adjourned to 9 'oth clock tomorrow morning 



310 COLONIAL RECORDS. 



Tuesday May 4*** 

Met aooording to adjournment. 

The Debate was resumed on the Bill for an Act Entituled An Act to 
r^ulate and asoertaine the payment of Quit Rents and Fees to the offi- 
cers of this Government and passed this House the second time without 
amendments 

Sent to the uper House 

WILLIAMS e*^ Gen" Assem"^ 
M' Etheridge 

& M' Powers. 

Received from the Upper House. 

A Bill for an Act Entituled An Act appointing Circular Courts in 
this Province uppon debate sent the following message to the upper 
House 

To His Excei^ency the Governor and Council 

This House desires to know whether the Power of the Assisting Jus- 
tices in this Province is equal to the Assotiate Justices in England or 
what their Power is, For we have now under our Consideration the Bill 
relating to Circular Courts 

By order 

WILLIAMS O"" Gen" Assem"^^ 

Ordered. That the consideration of the Bill be referred. 
Adjourned to 9 'oth Tomorrow Morning 

Wednesday May 5*** 

Met according to adjournment 

Received the following message from the upper house. 

M' Speaker and Gentlemen of the House of Burgesses 

This House having considered your Message and perused the Warrant 
from his Majesty appointing Will" Smith Esq" Chief Justice are of 
opinion that the full and sole power of holding the Supream Courts of 
Judicature is in the said W" Smith and that the Assistants have not an 
equal Power with the Associate Justices in England nor any Judicial 
Power. 

By order of the Gov : & Council 

R. FORSTER O^ Counc* 



COLONIAL RECORDS. 311 



The Chief Justice sent down his Warrant which was read in the 
House and returned again. 
Sent the following Message. 

To. HIS EXCELL*^ THE GoV' & CoUNCIL 

This House being Sensible that Sundry grants for Land have been 
issued since his Majestys purchasing the Province Some of them on old 
Warrants and Some for raising money towards defraying the charge of 
running the divideing line between this Province and Virginia. The 
purchase money for which was paid to William Little Esq" late Receiver 
General 

It is the Request of this House to his Excellency the Governor and 
the Honorable the Council that they will joyn this house in an address 
to His Majesty to confirm all such titles thereby to prevent any disputes 
that might otherwise arise. 

And further this House requests that the said Will" Little may be 
obliged to give Security to repay to all such persons the purchase money 
received by him for Such Grants as Shall be made Void by his Majesty 
if any such shall be ; in case the said William Little hath not paid away 
the Same bv order of the Government. 

By Order 

WILLIAMS C^ Gen" Assem"' 

Adjourned to 9 'oth clock tomorrow morning 

Thursday May 6"* 

Met according to adjournment. 

Ordered that Will"* Jones of Bertie be Levy Free. 

This House resumed the Debate on the Bill for an Act Entituled An 
Act appointing Circular Courts in this Province. 

Ordered the Same be referred to a Committee and that Coll: Tho: 
Swann, M' Cha : Denman and M' James Castelaw be the Committee to 
consider thereon 

Adjourned to 9 ^oth clock Tomorrow morning 

Friday May T^ 

Met according to adjournment. 

Received the following Message from his Exoell'^ the Gov' 

M' Speaker and Gent* of the Assembly 

In answer to your message of Wednesday I must inform you that I 
am commanded by his Majesty to Send an Account to the Lords of 



312 CX)LONIAL RECORDS. 



Trade \fe Plantations of all Patti'nts of Land granted by Sir Richard 
Everard Baronet and the late Gonncil Since the time his Majesty com- 
pleated his Pnrchase of this Province 

I am convinced the charge given in by the Commissioners appointed 
to run the divideing line betweene this Government and Virginia is very 
modest, I believe the Lords of Trade will not deem it otherwise I 
cannot think it proper for me to joyn in the address you desire: I will 
represent a true state of the affair to the Lords of Trade; as to the last 
Paragraph I think the Persons who signed those Pattents having no 
Authority to dispose of the land may be as lyable as M' Little who 
acted only under them and by their immediate appointment. 

GEO: BURRINGTON. 

The Committee appointed to consider on the Bill for an Act Entituled 
An Act appointing Circular Courts in this Province. Informed this 
House that they had prepared a Bill for an Act Entituled an Act for 
establishing and fixing the Supream Courts in this Province and for 
enlarging the Power of the Precinct Courts in this Province, which was 
read in this house for the first time and passed with amendments. 

Sent to the upper House 

WILLIAMS C"^ Gen" Assem"^ 

Adjourned to 9 'oth clock Tomorrow morning. 

Saturday May 8'*^ 

Met according to adjournment. 

Received the following message from the upper House 

M' Speaker and Gent' of the Assembly 

Resolved. That Nath* Rice Robt: Halton and John Baptista Ashe 
Esq" be and they are hereby appointed a Committee to joyn with Such 
Members as shall be appointed in the Ix)wer House to confer on the sub- 
ject Matter of the Bill now l)efore this House Entituled An Act to regu- 
late and ascertain the payment of Quit Rents and Fees of the Officers of 
this Government 

By oixler 
ROB : FORSTER lor C"' of the uper house 

Ordered. That M' Will" Downing, M'Cullen Pollock, M' Cha: Den- 
man, Coll : Tho: Swann, M' John Etheridge M' Edw : Salter, M' Tho: 
Pollock, M' Rich : Russell, M' Thorn : Smith, M' Willson, M' Walter 
I^ane, M' Will" Williams be a Committe to joyn with the Committe of the 



COLONIAL RECORDS. 313 



Upj>er House to confer on the Bill for an Act Entituled An Act to regu- 
late & ascertain the payment of Quit Rent« and Fees of the Officers of 
this Government. 

Sent — By M' Winn and M' Williams of the upper house 

Received from the upper house a Bill for An Act Entituled An Act 
for establishing and fixing the Supream Courts in this Province and for 
enlargeing the Power of the Precinct Courts. 

Endorsed. Read in the upper house and passed with amendments 

By Order 
ROB : FORSTER ^ O^ of the upper house 

Adjourned to 9 'oth clock a Mnnday morning 

Monday May 10*** 

The Committe of Both Houses met in this House to debate and Settle 
the Bill for Act Entituled An Act to regulate and ascertain the pay- 
ment of Quit Rents and Fees of the Officers of this Government and 
proceeded on the amendments. 

Adjourned to 9 'oth clock Tomorrow Morning. 

Tuesday May ll"" 

Met according to adjournment 

The Committe reported to this House the Severall proceedings on the 
Bill for An Act Entituled An Act to regulate and ascertain the payment 
of Quit Reut*^ and Fees to the Officers of this Government the House 
proceeded to Debate the Same then referred it until 1 to-morrow 

Adjourned to 9 'oth clock to morrow morning 

Wednesday May 12*** 

Met according to adjournment 

"This House took into their further consideration the Bill for an Act 
Entituled An Act to regulate and ascertain the payment of Quit Rents 
and Fees of the Officers of this Government to which they made Several 
Amendments. 

Resolved. That Major Henry Bonner, M' Charles Denman, M' 
Gabriel Burnham, M' Jn° Etheridge, M' James Castlaw, M' Tho : Smith, 
M' Rich : Russell, M' Will : Williams & M' Walter Lane be a Com- 
mitte of thi,s House to joyn Such members of the Council as Shall be 
appointed to examine and Settle the accounts of all Such persons as have 
any claims on the Publick and that they report their. Proceedings to this 
House for approbation. 

Sent to the Council for concurrance. 

40 WILLIAMS e* Gen" Assem"^ 



314 COLONIAL RECORDS. 



Read in this House the second time and passed a Bill for An Act 

Entituled An Act establishing and fixing the Supream Courts in this 

Province and for enlargeing the Power of the Precinct Courts 

Sent to the Upper House 

WILLIAMS C^ Gen" Asseni"^ 
M' Pollock 

& M' Downing 

Adjourned to 9 'oth clock Tomorrow morning 

Thursday May 13*** 

Met according to adjoui^nnient 

Ordered. That Cha : Kerby of Bertie be Levy Free. 

To M' Speaker & Gent : of the House of Burgesses. 

Resolved That John Baptiste Ashe Edra'* Porter & Cornel' Harnet 
Esq" Be, and hereby appointed a ^ommitte to joyn such Members as is 
appointed in the Lower House to confer on, Examine, and Settle the 
Accounts of all such persons as have any claims on the publick 

By Order of the Gov : and Council. 

JOS : ANDERSON f C"^ of the upper house 

Received from the upper house a Bill for an Act Entituled An Act 
for establishing* and fixing the Supream Courts in this Province and for 
enlai^ing the power of the Precinct Courts Endorsed Read the Second 
time and passed with amendments. 

JOS: ANDERSON Clk of y* Coun» 

Read for the third time a Bill for an Act Entituled An Act to r^u- 

late and ascertain the payment of Quit Rents and Fees to the Officers of 

this Government, and passed this House with amendments. Sent to the 

upper house. 

By order 

WILLIAMS. O"" Gen" Assembly 
M' Norfleet 

& M' Scarborough. 

Adjourned to 9 'oth clock tomorrow morning 

May W^ 

Met according to adjournment 

Read the third time a Bill for an Act intituled An Act for establish- 
ing and fixing the Supream Courts in this Province and for enlargeing 
the power of the Precinct Courts and passed with amendments 

Sent to the upper house 

WILLIAMS C*^ Gen" Assembly 



COLONIAL RECORDS. 315 



To His Excellency the Gov' & Council. 

This House taking into Consideration the Charge that M' Chief Jus- 
tice Smith must be at in fitting himself for going the Circuits pursuant 
to the Bill now proposed to be enacted 

Voted. That he be paid the sum of one hundred pounds paper cur- 
. rency the better to enable him to proceed in that service, this House being 
willing to express their good will and esteem they have conceived of the 
said Chief Justices conduct and Behaviour in his Station 
Sent to the upper house for Concurrance 

By order 
WILLIAMS f C^ Gen" Assembly. 

• 

Resolved. That the Commissioners of Edenton be and they hereby are 
invested with Power to make Rules for the better ordering and r^ulation 
of the said Town affairs and that they have power to make and levy any 
equal assessments on the Inhabitants towards fencing in the said town or 
clearing what shall be needfuU, or for defraying any petty charges for the 
good and Benefit of the said town 

Sent to the Gov' & Council for Concurrance 

By order 

WILLIAMS O^ Gen" Assem"^ 

Sent the following message to the upper house 

To THE Governor and Council 

This house having now prepai'ed such Bills as are thought necessary to 
be offered (pursuant to his Majesty's Instructions lay'd before us) this 
session and the present season of the year being proper for our Residence 
on our Plantations, we request that the session may be ended in a few 
days and if any other matters may be thought necessary to be laid before 
the Assembly it may be done at the next Biennial the election whereof is 
now within a few months 

By order 
WILLIAMS f O^ Gen" Assem"^ 

Adjourned to 9 'oth clock To Morrow Morning 

Saturday May 15*** 

Met acconling to adjournment. 

This House takeing into consideration the several resolutions touching 
his Majestys Instructions and other matters proposed to be laid before the 
Lords Commissioners of Trade and Plantations representing the true 



308 COLONIAL RECORDS. 



Received a Bill for an Act Entitled an Act to regulate and ascertain 
the payment of quit rents and Fees of the OflBcers of this Government, 
endorsed from the upper house. Passed with amendments. 

R FORSTER C^ of the upper House 

Adjourned to 9 'oth clock a Monday morning. 

Monday May 3* 

Met according to adjournment 

Received the following message from His Excell*^ the Gov' 

M' Speaker & Grov' of the Assembly 

As there are certainly several things in your last message very excep- 
tionaI)le I suppose it will be no Breach of Privilidge in me calmly to 
point them out to you nor can it be any injustice to say that the language 
of your last message as well as the former about Fees is very coarse and 
rough and certainly wanted the respect that is due to persons in my sta- 
tion which you will in time be convinced of and oblidged to alter your 
method. 

It is allowed you that the House of Representatives have a right to 
complain when injured but it ought always to be done with Decency and 
good manners which I think is very much wanting in that part of your 
last message which tells me I have put the affair in a worse Light and 
accuses me with having made a proposall contrary to his Majesty's 
Instnictions in relation to the Fees in Virginia which I only recommended 
as a guide or rule to regulate the Fees here by in Proclamation money as 
his Majesty has positively directed they shall be taken for the future. 
And you will find Gentlemen if you give yourselves the Time to Peruse 
the Kings Instructions that one of them gives the Grovernor and Council 
Power to regulate and Settle Fees, and Tables of such Fees to be Hung 
up in the Respective Offices they belong too, I desire to know how you 
understand this Instniction it api>ear8 to me that the Governor and 
Council are impowered to regulate and Establish Fees and whither there 
was not Occasion for it at this Juncture must be left to further Enquiry. 

His Majesty has positively declared in his Instructions that for the 
future all Fees shall be paid in Proclamation money which is in Effect 
Repealing all Laws that detJare Fees shall be received otherways. 

Before the Assembly met myself and the Council pursuant .to the 
alx)ve Instructions declared what was the Value of Proclamation monev 
in Bills as they now pass: This is what you call Oppression Arbitrary 
and Illegal Proceetlings, General Evil and a Hindrance to Trade; charges 



COLONIAL RECORDS. 309 



that are very extraordinary in their Nature and ought to have been well 
Supported, but in the manner they are used, are realy very surpriseing 
and astonishing. 

The Council have already in their Amendments to the Bill for Fees 
made it evidently appear tliat the Officers in their Fees by your Late 
Emission of Bills of Credit in the Year 1729 were very much injured 
a Crown Sterling being rated before that time at seven shillings and six 
pence by Law ; and in the r^ulation on the late Emission of Bills was 
valued at five and twenty shillings; and it is very manifest that most of 
the Fees now Subsisting were stated before the Emission of any Bills at 
all and that the Bills by this time had it not been for the Emission 1729 
would or ought to have been sunk so that it is an apparent loss and dam- 
age to the Officers if they are obliged to take the Same Fees in Bill of 
the late Emission or anything near it and what Inducement it will be to 
his Majesty to tolerate the late Bills I leave you to judge when I tell 
you it must be represented to the King that these Bills now currant are 
a Hurt to no one but his Officers only, who must Abondon their Em- 
ploymente and depart this Province or starve here if they take their Fees 
in the kind manner you prescribe or desire. 

Gentlemen. The disrespect shown me I was informed by some Mem- 
bers of your House was occasioned by one person who pulled the said 
paper out of pocket that he might divert the House and take them of 
from another Subject then under consideration. It was my good opinion 
of the House induced me to think they were surprised into such inde- 
cent expressions but you now convince me Gentlemen that whoever was 
the Author thereof, it is sufficiently supported by your Patronage. 

Since you sent that gallant paper there have been two Gentlemen of 
the Council have moved to have Proclamation issued which I refused for 
the Same reason you were denyed (there being no occasion) I am con- 
cerned that any Gentlemen either in your House or in the Upper will 
sutfer their thoughts to run so much on Proclamations I judge it will 
redound more to your Credit and the good of this Province if you dili- 
gently apply yourselves in perfecting what the King has recommended 
to you in the eight Instructions delivered to your House. 

GEO: BURRINGTON. 

Read the Bill for an Act Entituled An Act to regulate and ascertain 
the payment of Quit Rents and Fees of the officers of this Government 
and after Deliate tVas referred untill Tomorrow. 

Adjourned to 9 'oth clock tomorrow morning 



310 COLONIAL RECORDS. 



Tuesday May 4*** 

Met aooording to adjournment. 

The Debate was resumed on the Bill for an Act Entituled An Act to 

r^ulate and ascertaine the payment of Quit Rents and Fees to the oflB- 

oers of this Government and passed this House the second time without 

amendments 

Sent to the uper House 

WILLIAMS O"" Gen" Assem"^ 
M' Etheridge 

& M' Powers. 

Received from the Upper House. 

A Bill for an Act Entituled An Act appointing Circular Courts in 
this Province uppon debate sent the following message to the upper 
House 

To His Exceix.ency the Governor and Council 

This House desires to know whether the Power of the Assisting Jus- 
tices in this Province is equal to the Assotiate Justices in England or 
what their Power is, For we have now under our Consideration the Bill 
relating to Circular Courts 

By order 

WILLIAMS O"" Gen" Assem"^^ 

Ordered. That the consideration of the Bill be referred. 
Adjourned to 9 'oth Tomorrow Morning 

Wednesday May 5*** 

Met aooording to adjournment 

Received the following message from the upper house. 

M' Speaker and Gentlemen of the House of Burgesses 

This House having considered your Message and perused the Warrant 
from his Majesty appointing Will" Smith Esq" Chief Justice are of 
opinion that the full and sole power of holding the Supream Courts of 
Judicature is in the said W" Smith and that the Assistants have not an 
equal Power with the Associate Justices in England nor any Judicial 
Power. 

By order of the Gov : & Council 

R. FORSTER O^ Counc* 



COLONIAL RECORDS. 311 



The Chief Justice sent down his Warrant which was read in the 
House and returned again. 
Sent the following Message. 

To. HIS EXCELL*^ THE GoV' & CoUNCIL 

This House being Sensible that Sundry grants for Land have been 
issued since his Majestys purchasing the Province Some of them on old 
Warrants and Some for raising money towards defrayfng the charge of 
running the divideing line between this Province and Virginia. The 
purchase money for which was paid to William Little Esq" late Receiver 
General 

It is the Request of this House to his Excellency the Governor and 
the Honorable the Council that they will joyn this house in an address 
to His Majesty to confirm all such titles thereby to prevent any disputes 
that might otherwise arise. 

And further this House requests that the said Will"* Little may be 
obliged to give Security to repay to all such persons the purchase money 
received by him for Such Grants as Shall be made Void by his Majesty 
if any such shall be ; in case the said William Little hath not paid away 
the Same bv order of the Government. 

By Order 

WILLIAMS O"" Gen" Assem«' 

Adjourned to 9 'oth clock tomorrow morning 

Thursday May 6"* 

Met according to adjournment. 

Ordered that Will"" Jones of Bertie be Levy Free. 

This House resumed the Debate on the Bill for an Act Entituled An 
Act appointing Circular Courts in this Province. 

Ordered the Same be referred to a Committee and that Coll : Tho : 
Swann, M' Cha : Denman and M' James Castelaw be the Committee to 
consider thereon 

Adjourned to 9 'bth clock Tomorrow morning 

Friday May T^ 

Met according to adjournment. 

Received the following Message from his Exoell'^ the Gov' 

M' Speaker and Gent' of the Assembly 

In answer to your message of Wednesday I must inform you that I 
am commanded by his Majesty to Send an Account to the Lords of 



312 CX)IA)NIAL RECORDS. 



Trade\fe Plantations of all Pattents of Land granted l)y Sir Richard 
Everard Iferonet and the late Gounril Since the time hiH Majesty com- 
pleated his Pnrchase of this Province 

I am convinc^J the charge given in by the Commissioners appointed 
to rnn the divideing line betweene this Government and Virginia is very 
raixlest, 1 l)elieve the Lonls of Trade will not deem it otherwise I 
cannot think it proi)er for me to joyn in the address you desire: I will 
represent a true state of the affair to the Lords of Trade; as to the last 
Paragraph I think the Persons who signed those Pattents having no 
Authority to dispose of the land may be as lyable as M' Little who 
acted only under them and by their immediate appointment. 

GEO: BURRINGTOX. 

The Committee ap])ointed to consider on the Bill for an Act Entituled 
An Act appointing Circular Courts in this Province, Informetl this 
House that they had prepared a Bill for an Act Entituled an Act for 
establishing and fixing the Supream Courts in this Province and for 
enlarging the Power of the Precinct Courts in this Province, which was 
read in this house for the first time and passed with amendments. 

Sent to the upper House 

WILLIAMS C" Gen" Assem**'^ 

Adjourned to 9 'oth clock Tomorrow morning. 

Saturdav Mav 8^ 

Met accortling to adjournment. 

Ri»ceived the following message fn)m the upi>er House 

M' Spkaker axi) Gent' of the Assembly 

Resolved. That Nath* Ri(*e Robt: Halton and John Baptista Aslie 
Esq" be and they are herel)v appointinl a Committee to joyn with Sucli 
Members as shall be a})(K>inte<I in the I^ower House to (H)nfer on the sub- 
ject Matter of the Bill now Iwfore this House Entituled An Act to regu- 
late and ascertain the payment of Quit Rents and Fees of the Officers of 
this Government 

By order 
ROB: FORSTER for C"" of the Ujier house 

Ordered. That M' Wilh IX>wning, M'CuIlen Pollock, M' Cha: Den- 
man, Coll: Tho: Swann, M' John Etherldgt* M' Edw : Salter, M' Tho: 
PollcK'k, M' Rich : Russell, M' Thom : Smith, M' Willson, M' Walter 
Ij;ine, M' Will" Williams lie a Committe to joyn with the C^mimitte of the 



COLONIAL RECORDS. 313 



Upi>er House to confer on the Bill for an Act Entituled An Act to regu- 
late & ascertain the payment of Quit Rents and Fees of the Officers of 
this Government. 

Sent — By M' Winn and M' Williams of the upper house 

Received from the upper house a Bill for An Act Entituled An Act 
for establishing and fixing the Supream Courts in this Province and for 
enlargeing the Power of the Precinct Courts. 

Endorsed. Read in the upper house and passed with amendments 

By Order 
ROB : FORSTER f C'^ of the upper house 

Adjourned to 9 'oth clock a Munday morning 

Monday May 10^ 

The Committe of Both Houses met in this House to debate and Settle 
the Bill for Act Entituled An Act to regulate and ascertain the pay- 
ment of Quit Rents and Fees of the Officers of this Government and 
proceeded on the amendments. 

Adjourned to 9 'oth clock Tomorrow Morning. 

Tuesday May 11 "^ 

Met according to adjournment 

The Committe reported to this House the Severall proceedings on the 
Bill for An Act Entituled An Act to regulate and ascertain the payment 
of Quit Rents and Fees to the Officers of this Government the House 
proceeded to Debate the Same then referred it untill to-morrow 

Adjourned to 9 'oth clock to morrow morning 

Wednesday May 12*** 

Met according to adjournment 

"This House took into their further consideration the Bill for an Act 
Entituled An Act to regulate and ascertain the payment of Quit Rents 
and Fees of the Officers of this Government to which they made Sevend 
Amendments. 

Resolved. That Major Henry Bonner, M' Charles Denman, M' 
Gabriel Burnham, M' Jn° Etheridge, M' James Castlaw, M' Tho : Smith, 
M' Rich : Russell, M' Will : Williams & M' Walter Lane be a Com- 
mitte of this House to joyn Such members of the Council as Shall be 
appointed to examine and Settle the accounts of all Such persons as have 
any claims on the Publick and that they report their Proceedings to this 
House for approbation. 

Sent to the Council for concurrance. 

40 WILLIAMS C^ Gen" Assem"^ 



314 COLONIAL RECORDS. 



Read iu this House the second time and passed a Bill for An Act 

Entituled An Act establishing and fixing the Supream Courts in this 

Province and for enlargeing the Power of the Precinct Courts 

Sent to the Upper House 

WILLIAMS C^ Gen" Asseni"^ 
M' Pollock 

& M' Downing 

Adjourned to 9 'oth clock Tomorrow morning 

Thursday May 13*** 

Met according to adjournment 

Ordered. That Cha : Kerby of Bertie be Levy Free. 

To M' Speaker & Gent: of the House of Burgesses. 

Resolved That John Baptiste Ashe Edm'* Porter & Cornel' Harnet 
Esq" Be, and hereby appointed a ^ommitte to joyn such Members as is 
appointed in the Lower House to confer on, Examine, and Settle the 
Accounts of all such persons as have any claims on the publick 

By Order of the Gov : and Council. 

JOS : ANDERSON f C^ of the upper house 

Received from the upper house a Bill for an Act Entituled An Act 
for establishing* and fixing the Supream Courts in this Province and for 
enlargeing the power of the Precinct Courts Endorsed Read the Second 
time and passed with amendments. 

JOS: ANDERSON Clk of y* Coun» 

Read for the third time a Bill for an Act Entituled An Act to r^u- 

late and ascertain the payment of Quit Rents and Fees to the Officers of 

this Government, and passed this House with amendments. Sent to the 

upper house. 

By order 

WILLIAMS. C" Gen" Assembly 
M' Norfleet 

& M' Scarborough. 

Adjourned to 9 'oth clock tomorrow morning 

May W^ 

Met according to adjournment 

Read the third time a Bill for an Act Entituled An Act for establish- 
ing and fixing the Supream Courts in this Province and for enlargeing 
the power of the Precinct Courts and p&»sed with amendments 

Sent to the upper house 

WILLIAMS a^ Gen" Assembly 



COLONIAL RECORDS. 315 



To His Excellency the Gov' & Council. 

This House taking into Consideration the Charge that M' Chief Jus- 
tice Smith must be at in fitting himself for going the Circuits pursuant 
to the Bill now proposed to be enacted 

Voted. That he be paid the sum of one hundred pounds paper cur- 
. rency the better to enable him to proceed in that service, this House being 
willing to express their good will and esteem they have conceived of the 
said Chief Justices conduct and Behaviour in his Station 
Sent to the upper house for Concurranoe 

By order 
WILLIAMS f C^ Gen" Assembly. 

Resolved. That the Commissioners of Edenton be and they hereby are 
invested with Power to make Rules for the better ordering and r^ulation 
of the said Town affairs and that they have power to make and levy any 
equal assessments on the Inhabitants towards fencing in the said town or 
clearing what shall be needfull, or for defraying any petty charges for the 
good and Benefit of the said town 

Sent to the Gov' & Council for Concurrance 

By order 

WILLIAMS O^ Gen" Assem"' 

Sent the following message to the upper house 

To THE Governor and Council 

This house having now prepai'ed such Bills as are thought necessary to 
]yQ offered (pursuant to his Majesty's Instructions lay'd before us) this 
ses.sion and the present season of the year being proper for our Residence 
on our Plantations, we request that the session may be ended in a few 
days and if any other matters may be thought necessary to be laid before 
the Assembly it may be done at the next Biennial the election whereof is 
now within a few months 

By order 
WILLIAMS ^ O^ Gen" Assem"^ 

Adjourned to 9 'oth clock To Morrow Morning 

Saturday May 15"* 

Met according to adjournment. 

This House takeing into consideration the several resolutions touching 
his Majestys Instructions and other matters proposed to be laid before the 
Lords Commissioners of Trade and Plantations representing the true 



316 CX)LONIAL RECX)RDS. 



state of this Proviuce and as the same will make the address to his Maj- 
esty very large if the same were to be inserted therein Resolved — That 
Coll : Edw : Moseley, Thorn : Pollock and Cullen Pollock Esq" Coll : 
Tho: Swann Cap: William Downing, M' Cha: Denman, M' John Eth- 
eridge & M' Walter Lane or any Four of them be a Committe to draw 
up the said addre&s representing the true state and Condition of this 
Province with respect to its Laws, Currency, Trade, Lands Rents and 
Tennours and other affairs pursuant to the severall Laws of this Govern- 
ment and the votes and Resolves of this House relateingto his Majesty's 
Instructions, and that the same be signed by the Speaker in the name 
and by the appointment of the General Assembly of this Province and 
transmitted to his Grace the Duke of Newcastle Principal Secretary of 
State and the Right Honorable the I^ords Commissioners of Trade and 
Plantations by such Agent or Agents as the said Committe shall appoint. 
And the said Committe shall be empowered to draw out of the Publick 
Treasury to defray the charges of that agency such sums of money as 
they shall think projier not exceeding the sum of £500 Currancy Sent 
to the Gov & Coun* for Concurrence. 

By order 

WILLIAMS f O^ Gen" Assembly. 
M' Kennion 

& M' Islands. 

To the Kings most Excellent Majesty 

The humble Address of the Gen" Assembly to your Majestys Province 
of North Carolina 

MOBT GRACIOUS SOVEREIGN 

We your Majestys mast dutifull and Loyall Subjects the Representa- 
tives of this your Province now met in Greneral Assembly ; with cheer- 
fullness lay hold of this opportunity on our first meeting after the Pub- 
lication of your Majestys purchase of the Sovereignty of this Proviuce 
to acknowledge with the profoundest Gratitude the many Blessings we 
enjoy under your Auspicious and happy reign, it is with the greatest 
Pleasure we observe your Majesty and our gracious Queen Caroline 
always intent on promoting the happiness of all your people, and altho' 
we are so remote from your Royall Presence we find ourselves Neverthe- 
less the Subject of your Fatherly care and Concern. 

We are in duty bound to ac^knowledge as a particular mark of your 
Indulgence the placing over us his Excellency George Burriugton Esq** 
Captain Greneral and Comander in Chief of this your Province a person 



COLONIAL RECORDS. 317 



who by his behaviour during the time he governed this Province for the 
Lords Proprietors rendered himself very agreeable to the people by the 
great care he then showe<l in his due administration of Justice and in 
promoting the Wellfare of this Province, on which occasion his indefati- 
gable industry and the hardshijw he underwent in carrying on the Set- 
tlemen at Cape Fair deserves our thankfull remembran(«. 

The Governor having laid l)efore us several of your Majestys Instruc- 
tions relating to this Province we think it our duty thankfully to ao- 
knowledge your Majestys great Clemency and goodness expressed in 
those Instructions towards the people of this your Province and as some 
of them do necessarily require that your Majesty should be informed of 
the State and Condition of this Country, we have directed a Committe 
to transmit a true State thereof unto his Gra(« the Duke of Newcastle 
one of your Majestys principal Secretarys of State and to the Right 
Honorable the Lords Commissioners of Trade and Plantations. 

That the life of your Majesty and our gracious Queen may be long, 
your reign happy and the Succession of your throne perpetuated in the 
most Illustrious House of Hanover to the latest Ages are the Prayer of 

Your Majesty's 
most Dutiful! 
most loyall and 

most obedient Subjects. 

To His Excellency the Gov' & Council. 

This House hath appointed Coll : Tho : Pollock, Coll : Cullen Pol- 
lock, M' Mac' Scarborough, Coll : Thom : Swann, M' William Williams, 
M' Will Barrow & M' Evan Jones to be a Committe of this House to 
joyn Such Members of the Council as shall be appointed to examine the 
old paper Currancy and see the same destroyed. 

By Order 

WILLIAMS f O^ Gen» Assembly 
M' Kennion 

& W Island. 

Several of tiie members of this House informing that Peter Young 
had uttered divers scandalous spee<*hes reflecting generally on the Mem- 
l)ers of Assembly. The messenger was ordered to bring the said Peter to 
the Barr of this House were l^eing informed of the Charge against him 
and particularly of his threatening M' Walter Lane one of the members 
He acknowledged he spake the words in Passion and hoped the House 
would forgive him. 



318 COLONIAL RECORDS. 



Ordered. That he do in a submissive maiiDer ask pardon on his knees 
at the Barr of this House and that he stand committed to close Prison* 
during the Pleasure of this House. 

The Message from this House appointing a Committe was under writ 
from the Upper House, vizt : Agreed to that the former Committe Will" 
Smith Edm* Porter and Coll : Harnet Esq" be a Committe now to joyn 
such members as are nominated in the Lower House to examine the said 
old paper currency and make tlieir Report to Both Houses. 

By Order. 
JOS : ANDERSON f O*^ of the upper house 

The Resolve of this House concerning Edenton was under writ for 

the upper House (in these words) Concurred with so as such assesmeut 

may be legally made. 

By ordei*. 

JOS: ANDERSON f O^ Council. 

Peter Young having asked pardon on His Knees at the bar of this 
house pursuant to order. 

Ordered. That he be discharged paying his Fees. 
Received the following Message from the upper house 

To M' Speaker & Governor of the House of Burgesses. 

Saturday May 15*** 

This house demands of conferrence of the Lower House at 4 of the 
clock this afternoon upon the Subject matter of two Bills viz* a bill 
ascertaining Officers Fees and payment of Quit Rents, and a Bill for an 
Act Entituled An Act for establishing and fixing Supream Court.s in 
this Province and enlargeing the power of the Precinct Courts. 

By Order 
, JOS : ANDERSON O^ of the upper house 

CLAIMS ALIX)WED BY THE CX)MMITTE OF BOATH HOUSES VIZT: 

To Tho : Murphey for a horse lost in the Country's Ser- 
vice if found to be returned to the Provost Marsh* or 
Deputy for the use of the Publick & immediately 
disposed of by him at vandue for that purpose and 
the money lodged with the Precinct Treasurers unless 
M' Murphey chuses to keep his horse. 22 " 12 " — 

To Do: for his trouble & horse hire to White Oke 2 " 7 " 6 

To M' Will : Wilson for horse hire in the Countrv's Ser- 

vice. 8 " 10 " — 



COLONIAL RECX)RD8. 319 



To M' Roger Kennion for a pair of handcuifs to con- 
fine a criminal. " 15 " — 

To Maj' Bonner for Expence on his Excellency's arri- 
val. 35 " 10 " — 

To 4 Grand Jurymen for Chowan viz* Maj' Bonner. 
M' Tho Lovick M' Will- Arckhill Coll : W- Hard- 
ing Jones 6 days each 6 " — " — 

To 4 Grand Jurymen for Pequimens vizt: M' Cha' 
Den man M' Rich* Kinner M ' Jos* Long & M' Rich* 
Whitbee 8 days each. 8 " — " — 

To 2 Grand Jurymen for Bertie viz* M ' Tho : Gray 
and M' Tho: Kemey 10 days each 5 " — " — 

To 4 Petty Jurymen for Chowan viz* Tho : Mathews 

Jn* Dunning W" Egerton & John Robertson 7 " — " — 

To 3 Petty Jurymen for Bertie viz* Edw* More Wil- 
liam Charlton & Robt Warren 7 days each 5 " 5 " — 

To James Potter for work done about the Court House. 2 " 10 " — 

To Edm* Gale for hiring workmen about the Court 

House. 2 " — " — 

To Peter Young for two Journeys to Cape Fear on 
Publick business including Ferry s and all other 
charge (horse hire excepted) 40£ Twenty being paid 
already 20 " — " — 

To Maj' Bonner going to the Chowan Indians 3 " 10 " — 

To D* for viewing the body of a Negro as Corroner 

and paid the Jury as by Law. 2 " 5 " — 

To Sundry Claims of M' Mackey late Provost Mar- 
shall. 48 " 5 " — 

To John Rogers Deputy Marshall for Craven for exe- 
cuting 2 writs for Burgesses & horse hire to go to 
Core Sound 4 " 6 " 8 

To S' Rich* Everade for going over the Sound upon 
complaint against theTuscarra Indians; Servants boat 
and hands for tenn days 25 " — " — 

To attendance 2 assemblys who could not meet to do 

business for want of an Upper House 10 " — " — 

To John Sanders for apprehending & bringing up to 
Goal Soloman Smith a condemned criminal from Core 
Sound 10 " — " — 

To M' Will" Williams for Victualls to the Tuscarra 

Indians by order of the Governor 1 " — ^* — 



320 CX)LONIAL RECORDS. 



To D* for the Committees Expences this Session 7 " — " — 

To M' Ayliffe Williams for a book for the Journals of 

this House & a Clock for the Office Dore. 2 " 12 " 7. 

259 " 8 " 2. 
Sent to the Governor & Council for concurrance. 

M' Speaker and Governor of the General Assembly 

The Report of the Comm^ of Claims 

Sheweth That upon Examination of Claims we find that the late Fore- 
man of the Grand Jury M' John Lovick and eight others were not in 
the list of Jurors by our Ijaw and therefore not quallified as such and 
moreover on further enquirey we do likewise find seven of the Petty 
Jurymen not quallified to serve in the Generall Courts which being con- 
trary to the Law of this Government, and in that it may tend much to 
the prejudice of the Inhabitants therefore we conceive it our duty to repre- 
sent the same to the House just as we find it having only allowed the 
claims of such as we find duly and l^;ally quallifyed 

JAM : CASTELAW Chairman. 

Upon reading the above Report of the Committe of Claims t'was 
ordered that the list of Claims be Transcribed & sent to the Governor 
and Council for Concurrance. 

This house also considered the Re|>ort of the Committe concerning 
Jurors at the last Generall Court, Whereupon the Provost Marshall and 
his Deputy M' Makey were desired to attend the House where they were 
told that it was the opinion of the House that no person ought to be 
returned as Juror but such as is on the list agreed unto by the Assembly. 

Received the following Message from the Governor. 

M' Speaker and Gov' of the House of Buroesses. 

As an answer to your Message this day by M' Kennion and M' Islands 
I again rejieat what I have formerly said that the business of this Coun- 
try absolutely requires an Agent in London for which reason I recom- 
mended to you in my Speech at the opening this Session, the appointing 
one with a proper Salary, I now consent that an Agent shall be ap- 
pointed by my self Council and Assembly 

GEO: BURRINGTON. 

This house waited on the Governor according to order. Heard what 
the Grovernor & Council offered concerning the two Bills now before them. 

The house returned and M' Speaker reported to the house, that the 
Governor as concerning the Bill for an Act Entituled An Act to r^ulate 



COLONIAL RECORDS. 321 



and ascertain the payment of Quit Renin and Fee8 to the Officers of this 
Government as follows. 

Vizt: In the beginning of the second page. 

It is expressed only Lands taken for the future Shall be roistered 
with the Kings Auditor or his Deputy. It is the Kings Intention that 
all Lands already taken up should be Roistered (19 Instruction) a Pro- 
viso that the Auditor shall keep a Deputy in every Precinct, I think 
we have no authority to compel him, and he may keep his office & 
appoint Deputys as he pleases. 

In the 3* page. 

I my Sixteenth Instruction, It is wrote that all Fines Penalties &•: 
must he reserved to His Majesty his heirs and Successors for Publick use 
& support of Government. 

In the 4"^ 

It is my opinion that Officers acting by Patent in this Government can 
only be turned out of their places by the King upon some occasions a 
suspension may be lawfiill. 

Last Article. 

We cannot by any means postpone the payment of the Kings Quit 
Rents, a Receiver General is appointed tis supposed he is not without 
Instructions how he is to proceed having commission under the Kings 
great seal or warrant. 

And on the part of the Council it was offered that they did not look 
on a 150 1^ cent in paper currency to be an equivalent, and that Pitch 
and Tarr was raised since the Report of the Committe 

And concerning, the Bill for An Act Entituled an Act for establishing 
& fixing tlie supream «)urts in this Province and for enlargeing the power 
of the Precinct Courts, the Governor declare<l he would no more hold 
a Court of Chancery at Edenton and therefore he proposed that this 
House should withdraw the Clause relateing to the Court of Chancery. 

To His ExoELLENtn- the Gov' & Council. 

In answer to the first Paragra]>h we say that as all Grants already 
passed are or ought to Ik? registered in the Secretary s Office; from them 
the Auditor or his Deputy may have Transcrips; but if any Grants 
should not be roistered . there ; we will consent to have some Method 
provided compelling people holding Lands to enter the same on the 
Rent Role as the Receiver of the Rents shall make his Collections, or 
to enter the same with the Auditor or his Deputy so as offices for that 
purpose be kept in every Prec^inct, or after any other manner so it l>e not 
done at the exj^wnce of the People. 
41 



322 COLONIAL RECORDS. 



To the 3* We will use the stile proposed by His Majesty. To the 
4*** We shall be content that in the Cases of Officers holding by Pattent 
makeing a Breach of the Law they may be only suspended or otherwise 
Punished. 

To the last. As the King proposes to receive Proclamation Money 
we are willing for want thereof to make the best Equivalent we can to 
His Majesty and therefore oflTer Tobacco according to the Practice of 
Virginia and as people are not provided to make sufficient for that pur- 
pose this year we propose the payment thereof to be postjwned until it 
can be made; but if ready payment is expected, we shall wnsent that it 
be made in other Commoditys that may be made this present year aceoixl- 
ing to a just valuation. 

This House doth not consent to alter the 150 1^ cent on Bill curraficy. 

Concerning the Court of Chancery — That Court has always used to be 
held at the times and places when and where tlie Greneral Courts have 
been, & all Process thereto returnable to the third day of the Greneral 
Court ; but as that day was generally taken up with the Crown business 
it was ruled that the doing the business in Chancery should be put off 
until the Monday following. And a Court so established we conceive 
ought not to be removed but by the Authority of Assembly. Neverthe- 
less it has been proposed to give ease to the Inhabitants by appointing 
a general Court in each of the three Countys proposed to be erected, so 
we think it may be as necessary to ease them with respect to the Court 
of Chancery & if his Excellency shall be willing we propose that the 
Power of the Court of Chancery may be loilged in the Justices of the 
Countys as it is in Virginia, or in the Chief Justice and other proper 
commissioners appointed for that purpose. 

By order 

WILLIAMS f C^ Gen" Assembly 

Adjourned to 9 'oth clock Monday Morning. 

Monday May 17*** 

Met according to adjournment. 

Received the following Message from his Excel*^ the Gov' 

M' Speaker & Gen* of the House of Burgesses. 

I cannot think you Sufficiently expressed your good will and esteem 
for the Chief Justice of this Province by voteing him so trifeling a sum 
as one hundred pound paper Currency. I think a Gentlemen who pos- 
sesses so high a post as Chief Justice of North Carolina and so eminent 



COIX)NlAL RECORDS. 323 



a Station as the first in his Majesty's Council here, ouglit to be better 

r^uardcd therefore let you know that it is my opinion that you cannot 

make him a less present than eight hundred pounds currency (in value 

is but one hundred pounds Sterling) which I will forthwith issue my 

warrant for if you desire it. 

GEO: BURRINGTON 

The House sent the following answer 

To His Exckllenoy the Gtovernor. 

As we are very well satisfyed with the abilityes conduct and behaviour 
of Mr. Chief Justic^e Smith in his Statition we thought ourselves obliged 
to offer such a sum as might purchase horses for the service he shall 
un<lergo, and we look on ourselves the more obliged to do so in regard 
the first quarterly payment of his Salary is not to commence until Sep- 
teml)er and the reason of our offering no larger a sum was owing to the 
poverty of the Country which at present is incumbered with a large 
Debt. 

We cannot be of the Same opinion with your Excellency to think 
there can l)e such large discount upon our paper currency bills of Ex- 
change l)eing lately sold at five for one, so we hope his honour will rest 
satisfvwl with what the house has voted. 

By order 

WILLIAMS 

The pnx^eedings of the Committe of Both Houses appointed to examine 
the publick Accounts and the old Bills that has l)een exchanged. 

Tuesday April 20*^ The Committe of Both houses met & examined 
the Publick Accounts of Edw* Moseley Esq" Treasurer and do find 
vouchers for the payment of i:2582.0.6 also examine<l 16 bundles of 
old Bills amounting to £7343.10.6. Ordered tlie said Bills remain 
with the Clerk — Wednesday April the 21** John Baptista Ashe Treas- 
urer of New Hanover Precinct exhibited his account of Bills of Credit 
emitte<l in the said Precinct amounting to the sum of £2748.16.0 — 
Edw"* Moseley Esq' Treasurer of Chowan Pre(^inct exhibitted his account 
of Bills of ( -redit enn'tted in the said Pretnnct amounting to the sum of 
£4000.0.0. Edward Moseley Esq" as Publick Treasurer also delivered 
to the Committe seveml bundles of old bills endorsed said to amount io 
the sum of £1062.18.0, Ordered that the same be lodged with the 
former bills. M' Jno : Etheridge Treasurer of Curritucke precinct made 
up his accounts fi)r the year 1729 and paid the Publick Treasurer 



324 COLONIAL RECORDS. 



£43.10.9. Saturday April 2V^ Edward Moseley Esq" Public Treas- 
urer delivered to the Cummitte five bundles of old bills amounting to 
£788.15.0, which with the former parcels makes £9195.3.6, he also 
delivered a lx)x containing the Counterparts of the old bills and the new. 
Ordere<l those bills and counterparts remain with the Clerk — May 1"* 
Edw** Moseley Esq' Publick Treasurer delivered to the Committe six 
Bills ciontaining £359.19.0 which with the former makes £9555.2.6, 
Ordered that those bills remain with the former. 

Monday May 17*** continued. 

Ordered. That all the old pai)er currency which hath been exchanged 
and delivered to the Committe of B<)th Houses amounting to the sum 
of £9555.2.6 and by the Direction of the Committe lodged with the 
Clerk of this House, Ixi forthwith produced at the table. 

The same was accordingly produced and in the presence of the Mem- 
l)ers of the House put into a Box and hx^ked and the Box corded and 
scaled and then delivered to the Publick Treasurer who was directed t*) 
keep the same and to produce it to the Next Assembly the key of the 
box was sealed up in paper and delivered to Cap: Will" Downing who 
was required to keep the same and to deliver it to the Speaker of the 
next Aasembly at the Table, the charge of securing the old bills being 
Thirty five Shillings paid by the Publick Treasurer; to he allowed on 
his accounts. 

His Excellency the Governor sent for this House to attend him, which 
the House accordingly did and the Governor made the following Speech. 

Gentlemen, 

It is now five weeks since I convened yon together and within few days 
after your meeting I laid before you Such of his Majesty's Instructions 
as I was cH>mmanded, in order to have laws framed upon them in all 
which time nothing of that nature has been offered from the House of 
Assembly, but one Bill for the r^ulating Fees and the payment of Quit 
Rents which Bill being thought in the upper house in many things to 
deviate from his Majesty's Instrucrtions, particularly about the Quit 
Rents it could not be passed and you had gon your farthest in it having 
past your last amendments, and that you had nothing now to offer though 
there are several of his Majesty's Instructions no ways yet considered of 
by you, 1 fear it will be to little purj)ose to keep you longer together, 
and indeed the Divisions the heads and the indecencies of vour Debates 
growing Daily among you givc« me butt little r(H)m to \\o\ie that his 
Majesty's Instructions and the true Interest of the Country will have 



COLONIAL RECORDS. 325 



their Due weight with you, there was another Bill sent from the Upper 
House for the ease of the Country by Circular Courts but was lodged 
with such amendments in your House as put a stop to it & finding you 
are not now inclined to proceed upon anything further but have in your 
message desired a Recess I shall comply with your message hopeing 
time will compose you to better thoughts 

Gentlemen 

After the many instances I have given of my affection for this Coun- 
try I need not take pains to convince you, how much I have at heart the 
wellfare and prosperity of it, that cannot be obtained by private and nar- 
row views which I wish I had not occasion to say I find prevails more 
than a publick Spirit, for my part nothing shall be wanting in my 
power for the benifitt of this Province, and I only ask in Return your 
Dutiful 1 behaviour to his Majesty's commands, the only way to recom- 
mend you to the l^est of Kings who never did nor will impose anything 
unreasonable on his Subjects 

Gentlemen of the Assembly 

I do now Prorogue this General Assembly unto the Sixth day of 
Sep***' next, and it is hereby prorogued 

A Copy WILLIAMS C*^ G. Aasembly. 



1732. 

[B. P. R. O. North Carolina. B. T. Vol. 9. A. 20, 21 and 23.] 



PORTER VS. BURRINGTON. 

North Carolina. 

To the Honourable the Lords Commissioners of Trade & Plantation. 

The humble Representation and address of Edmund Porter, lat^ Mem- 
Ixir of his Majesties Council and Judge of the Vice Admiralty Court of 
the said Province. 

Sheweth 

That his Exeollcncy George Burrington Ksq" by and with the consent 
advice of Jaseph Jenour and Rob : Halton Esq" Members of Council 



326 COLONIAL RECORDS. 



by his Majesties appointment and M' John Lovick and Edmund Gale 
of the Governors apiK)intment) hath thought fit to suspend me from the 
aforesaid offices with black and infamous caracters. In as much therefore 
as his Majesty is graciously pleased by the 9** article of his Royal In- 
struction to direct our Governor not to suspend any of the Members of 
Council without goo<l and sufficient cause nor without the consent of the 
Majority of the said Council (unless in matters not fit to be communi- 
cated to the Council) and in case of suspention of any of them his Ex- 
cellency is required to cause his reasons for so doing together with the 
charges & proofs against the said members and their answers thereunto 
to be duly entered upon the Council Books and forthwith to transmit 
Copys thereof to your Lordships &c : Least therefore the Clerk of the 
Council (from whom I can procure no Copy) should be induced to attest 
the proceedings relating to my suspention otherwise than in a genuine 
manner I humbly ask leave in my defence to inclose to yours Ix)rdsbips 
his Excellencies original charge consisting of five general articles Signed 
under his own hand & given me the morning of the Same day I was 
susj^ended annexed to which is my answer and a certification under the 
hands of M' Ashe and M' Harnet Members of Council by which your 
Lordships will perceive that three Members of Council appointed by his 
Majesty did dissent from my Suspention (tho I l)clieve it will be repre- 
sented otherwise and in what manner the Governor vaunted and sported 
with my misfortunes after he had Suspended me from the office of Judge 
of Admiralty the day before and the next day from the Council Board 
not giving me one hours time in the former office to defend myself and 
threw a paper which I told him relating to my defence into the tire with- 
out reading it or suffering any one member of the Council to peruse it. 
During which Trials (if I may so call them) permit me to assure your 
Lordships that the lerned have not described Malice on the furies halfe 
so terrible to my apprehension as this Gentleman appeared, tho he was 
at the Same time my Judge ! In the two first General Articles the 
Governor accuses me with Obstructing all proceedings in Council by 
raising unnecessary disputes and cavils &c : As his Excellency might 
not think it Policy to desend to the particulars of the first and second 
chaise I b^ leave to observe to your Lordships from whence I apprc*- 
hend they are founded 

1*** In faithful Iness to his Majesty and the Trust reposed in me whilst 
a Member of Council I was often under necessitv to differ in Sentiments 
and opinion with the Governor more especially in matters which related to 
Lands wherein I did repeatedly advise him in private not to accept, 



COLONIAL RECORDS. 327 



purchase or otherwise be concerned in the Property of such Lands which 
in all probability was like to be controverted and of Right l)clonged to 
the King here bt^n the Governors resentments and my misfortune 

2**^ I gave an opinion in Council that the best expedient to find the 
frauds that had been Transacted by means of M' Ijovicks emitting blank 
pattents&c: was (if his Excellency thought fit) to issue forth Procla- 
mation to call in all pattents that had been made out from a certain 
time, that thereby compareing the povity of hands, quantity of acres, 
Situation of Land and record of the Same &c: the fraud and injury 
don his Majesty might be disco vere<I. 

S***^ I gave an opinion in Council that it was improper for His Excel- 
lency (who negative power was distinct and Separate in the making 
I^ws) to come into the Council Chamber and by himself alter such 
Bills that were by the Upper House preparing or amending for his 
assent. 

4*"^ I gave an opinion in Council that M' W" Little receiver gen- 
eral under the Lords Proprietors for the Quit Rents and purchase money 
of lands ought to produce a regular Rent Role by which he and his 
Deputies did collect the Same that thereby it might appear obvious to 
the Council what the amount thereof was annually before his Accounts 
could be admitted or he discharged Moreover the Said Little I observed 
(to a Committy of Council) that in one article of purchase money paid 
by Martin Franks he had given credit but thirty Shillings to his 
Majesty whereas in Truth the Sum paid by M' Franks was al)ove three 
hundred pounds, as appears by a Memorandum here inclosed. 

5*^ I gave an opinion in Council that the Governor could not appoint 
M' John Ix)vick and Edmund Gale Members of Council in Derrog* to his 
Majesty's 7^** and 9"* Instruction when seven in the Province did subsist 
and finding these Royal directions were like to be no guide, I drew up 
the enclosed Dissent and prayeil it might l)e entered in the Council 
Books, but it was refuseil me which I looked on as a breach of priviledge 
and of evil cx>nsequence for by that means the different opinion and 
reasoning of Governors and Council would be unknown to his Majesty 
the Secretary of State or your Ijonlships and such matters perhaps only 
inserted in the transmitted Records of Council which the Governor and 
a few members thought proper. 

6*^ I often gave an opinion in Council that the Governor of himself is 
not sole Chancellor (as he hath repeatedly insisted) and this my opinion is 
founded from the 66 & 67 articles of His Majesty's Instruction whereby it 
a])pears that ap|)eals in cases of Error from the Courts in this Province 
in Civil causes, are directed to be made to Governor and Council. 



328 COLONIAL RECORDS. 



7'^ I gave an opiuiou in Council that his Excellency and a less num- 
ber than five of the Council could not hold Courts of Chancery, that the 
Judicial proceeding of such corts were fixed to three certain Termes in 
the year, vizt: March, July and October therefore could not be deemed 
an emergency, so as to tolerate a Quorum of three or four (tho his 
Excellency hath made a practice with that number) to proceed in matters 
of equity — I will not trouble your Lordships to insert any further par- 
ticulars wherein my conscience or opinion led me to assent or dissent 
from the Governor I hope what I have said will be sufficient to convince 
you that I have behaved in Council as became my station, neither hath 
any man in this Government according to my capacity demonstrated a 
greater regard for his Majesty's service, for as soon as it was reported that 
this Province was a purchase to the Crown, I was the first person (let 
who will attribute to themselves) that did by three several Memorials 
advice my Lord Duke of Newcastle concerning such Frauds in Laud 
which I apprehended were carried on as well before as since the said pur- 
chase all which I doubt not have been fully made appear 'ere now to his 
Grace and your Lordships by Sir Richard Everard M' Smith and others. 

My Lords I was apprehensive when I attempted the several Informa- 
tions and matters before mentioned that (considering the policy prejudice 
and strenth of those who such injuries did effect) it was a very hazad- 
ous and dangerous undertaking for one of my fortune and ability but 
my cK)nfidence and dependance lay in finding protection from his Majesty 
and those great officers who are intrusted with his affairs. Wherefore I 
do most earnestly beseech your Lordships to take my distressed case 
under your consideration that others hereafter in these distinguished 
Countrys may be encouraged for their faithfull endeavours to serve his 

Majesty 

I am 

your Ix)rdships 

most dutifull & obedient servant 
Albemarle E. PORTER 

Feb: 19*»» 173J 



MEM'^' MADE BY E. PORTER CONCERNING THE PUR- 
CHASE OF LANDS IN N'^ CAROLINA 

[Rec* with M' Porter's Rep" to the Board dated 19*»» Feb-T^ 173^.] 

Memorand" 

On the twentyth day of Jan"^ 1731 at the House of M" Dunstons in 
Edenton before Col. Moore and Edniond Porter, M' Martin Franks of 



CX)LONIAL RECORDS. 329 



/ 



Nuce expressed himselfe Viz* that he was ready to swere that M' W" 
Little the late Receiver Gen* of the purchase money and quit rents of 
Laud under the late Lords Prop" had received of him £302.57 purchase 
money for 10175 acres of laud for which he had M' Little's receipts and 
that at the time he paid it to M' Little he desired M' Franks not to 
acquaint the then Gov' Sir Rich* Everard with the sum that he had so 
paid And he the said Franks further said that M' Little told him at 
the same time that if he would not let him have half of some lands he 
had on Nuce river it should be the worse for him M' Franks soon after 
meeting with M' Lovick the tlien Sec*^ he told him what M' Little desired 
about the paym' of the money afores"* viz* not to discover the same to Sir 
Rich. Everard at which M' I^ovick (he saith) smiled & walkeil off So 
far the conversation passed before Col. Moore & Ed. Porter. 

On- the 22* Jan*^ M' Franks I met in Eden ton who further said to me 
Viz : You thought I was afraid to let the rela* of y* money be known 
least those people follow me to destroy me " but you are mistaken I 
acquainted Grov' Burrington therewith this mom* & he says it is very well. 
All which when called on I am ready to make oath to 

Test. E. PORTER. 



[/wdorscd] 

EXTRACTS OF MIN. OF COUNCIL & COPIES OF COM- 
PLAINTS & ANSWERS RELATING TO CAl^. BURRING- 
TON'S SUSPENDING M' PORTER FROM THE CK)UNCIL 
& BEING JUDGE OF THE ADMIRALTY. 

North Carolina. 

To the Right Hon"* the Lords Coumiissioners of Trade and Plantation 

Exceptions humbly offered by Edmund Porter Esq" against the Legality 
of his Excellency George Burrington Esq" Governor &c : Susj)ending 
me from the Council Board the 21 "» day of Feb^ 173^. 

1** Because on the 20"* of January aforesaid the Governor put the 
question (l>efore I was called on to answer any charge made against me) 
immediately on his Declaration of my suspentiou as Judge of the Vice 
admiralty, whether I ought not to be suspended from Council, thereupon 
for of the Members viz' M' Jenoure, M' Halton, Deputy Provost Marsh^ 
M' Ijovick and Edward Grale (to shew their willingness to oblige his 
Excellency) voted me unfit to sit in Council and therein prejudged me. 
42 



330 CX)LONlAL RECORDS. 



2**^ Because three of tliosc tour assentiug iiiemlxjrs vizt : M' Jeuoure, 
M' Loviek and Edmund Grale were at the same time themselves under 
an accusation of a Murther thev intendeil on me the T'** of Jan*^ 1730 
and giving a Rout to the Court of Admiralty of this Province, where- 
upon my I^)rds of Admiralty on my representation of the same hath 
given directions to our present Governor (by a publick Letter wrote by 
M' Secretary Burchett, bearing date the 17*** of last May) to make strict 
inquiry therein &<i: which publick Letter Governor Burrington received 
about fifteen days before my suspension, and notwithstanding the said 
directions permitted those three Gentlemen before they were acquitted of 
the facts to sit as judicial members not only to give Judgement on me as 
a Member of Council but also to Judge of my proceedings in the Courts 
of Admiralty which Court and all the Officers thereof they had put to 
the Rout as aforesaid. 

3**^ That the Governors nomination and appointment of M' John 
Loviek and Edmund Gale was as I do apprehend in Derogation of his 
Majesties 7*** & 9^ Instructions when seven did sub«>ist in the Province 
wherefore such votes Extrajudicial. 

4'^ That the Governor by his general charge hath prejudged me him- 
self and the next day brought on my Trial for a further Judgment. 

5****^ And lastly, because the Governors charge is a compound of ill 
nature containing nothing but general accusations without a proof of any 
one particular matter. 

My Lords, 

From the several 1 forgoing recited Observations, I b^ leave to make 
this conclusion 

That admitting the reasons contained in my 2^ & 3* Exceptions to be 
grounds sufficient for excluding M' Jenoure, the Loviek and RI : Gale 
as Legal Judges on these Trials, that then and in Such case the Members 
Diseenting (vizt: M' Ashe, M' Rowan and M' Harnet) was a Majority 
of two against my Suspension and therefore contrary to his Majesties 9'** 
Instruction who is graciously pleased to direct our Governor not to sus- 
pend any of the Members of his Council without gocnl and sufficient 
(^use, nor without consent of the Majority of the said Council <&/? : 

All which is dutifully submitted to your I^)rdsl]i|)s considenition, 
beseeching you if you should he of opinion that I have not merite<l this 
suspention, to grant me your favourable Rei)ort or Re(x)mmendation to 
his Majesty so that I may he restored to my place in C-ouncil thereby to 
wi|)e off from me and my posterity, that undeserv(»d Ixwde of infamous 



COLONIAL RECORDS. 331 



Caract«rs and Epithets which are bestowed on me in the Records of 
Council through the prejudice (more than Justice) of my Enemies. 

This mark of your Indulgence and goodness to me, will ever be 
Acknowledged as becomes 

Your Lordships 
most faithful] and 
obedient servant 

E. PORTER. 

Feb-^ 19**^ 1731. [1732.] 



[B. P. R. O. B. T. North Carolina. Vol. 9. A. 38.] 



LETTER FROM CAP BURRINGTON, GOV OF NORTH 
CAROLINA, DATED 20* OF FEBRUARY 173J. 

To The Right Honourable the Lords of Trade & Plantations. 

I humbly represent to your Lordships that being received with the 
Greate.st Demonstrations of Joy by the People of the Province when I 
published His Majesty's Commission; it must appear very surprising 
that the late Assembly would not pass one of the Acts required, or 
recommended in the King's Instruction, nor of my proposeing, which 
were only designed for the Ease of the People, and their own good ; I 
hud l)een seven or eight weeks in this Country, and held several dis- 
(•ourriies with the leading Men, who seem'd very well satisfyed with all I 
said to them of my Instructions, except the paying their Quit Rents in 
/ cash, and the Great advance of Rents for the Lands to be taken up. 

Inimeiliately before the Assembly I had summoned met, M' Rice the 
Secretary and M' Ashe came together from C!?a{>e Fear to Edenton the seat 
of this Government, till then there was not an immagination of any dif- 
ference or dispute, every time the Council met the business before them 
was transacted with harmony & decency; M' Ashe wiien quallified, 
b^an immediately to oppose me in the Council, and endeavoured with 
false reasoning, and fallacious arguments to impose upon the Judgements 
of the Gentlemen in the Council, he was very unsuccessful in the b^in- 
ning, but in some time gained M' Smith & M' Porter to joyn him. 

Moseley Speaker of the last Assembly and one James Castellaw a 
verv factious Assembly man, came to me the third day after the Assem- 
bly met, and desired me or rather required me, to Promise to give my 
As.sent, to an Act of Assembly to confirm the pretended Laws made 



.^•^2 COLONIAL RECORDS. 



here in 1729 after the King's Purchase; this I absolutely refused, there 
l>eing many tilings in them Acts contrary to His Majesties Service, and 
such as I am forbid by my Instructions to pass; I was also Publickly 
and Privately sollicited to use my Interest and Endeavours that jwsses- 
sion of the Lands, sold & granted by Sir Richard Everard and the late 
Council, should Ix? confirmed to the PuRrhases, this I denied, judging 
any more therein, then sending a true account, would have l)een great 
presumption, these denyals to the Representations <xx?asioned the cool 
answer they returned in their address to my SpeecJi; and their subse- 
quent l)ehaviour. 

I think the Journals of that Assemblv make evident, how much I 
was in the right, and the advantages I obtained in every matter contro- 
verted, I am well assured the Assembly men would have carried them- 
selves in another manner, if the Council had done their Dutv. 

Upon Smith's defection M' Rice the Secretary resolved to go to South 
Carolina, I used my endeavours to i)ersuade him to stay with me till 
the session was ended, but all my arguments proved ineffectual!. 

The Surveyor General's Wife about this time landed in Virginia, 
coming from England dangeroiLsly sick, which caused him to go there, 
by this Ashe, Smith & Porter gained their end for then my own vote 
made but an equality in the Council, which obliged me to put an end to 
the Session ; I have given the Characters of Smith & Porter in a Report 
and letter sent to England last Summer. 

M' Ashe is altogether bent on Mischief, I have been a great friend to 
him, my l)enefits he has returned with ingratitude, his wicked manage- 
ment in Tate's Affair is an undeniable Demonstration that he is a Vil- 
lain, and unworthy of sitting in the Council of this Province (this Tate's 
complaint etc is inserted in the Council Journal. 

M' Cornelius Harnett another of the Council, was bred a Merchant in 
Dublin, and settled at Cape Fear in this Colony, I was assured by 
a Letter I received in England Harnett was worth Six Thousand 
Pounds Sterling, which induced me to place his name in the list 
of Persons to bt* Councellours ; When I came into this Country he 
was reputed by many worth seven Thousand Pounds, but is now known 
to have traded with other men's goods, nor worth anything, and red»M'e<l 
to Keep a Publick Hoiise, How Harnett abused Capt Tate, and what he 
attempted against me in that busyness, may he seen in the Journals I 
am humbly of (Opinion Harnett's sitting in Q)uncil is a disgraw to it. 

It is a misfortune to this Province and to the Governor in particular 
that theiv are not a sufficient numl>er of Gentlemen in it fitt to beCoun- 



COLONIAL RECORDS. 333 



cellonrs, Neither to be Justices of the Peace, nor officers in the Militia, 
there is no difference to he perceived in Dress and Carriage, between the 
Justices, Constables and Planters that come to a Court, nor l)etween the 
Officers and Private men, at a Muster which Parity is in no other Coun- 
try but this. 

Sir Richard Everard the lat^ Governour for the Proprietors had the 
meanest Capacity, and worst Principles of any Gentlemen I ever knew, 
his Administration was e<|ually unjust and Simple, he was under the 
Directicm sometimes of one sett, then of others who advised him for 
their own Interest, and being incapable of Judging, was led to do any- 
thing they put him upon, which brought infinite Confusion on the 
Country, every man did as he pleased, the Militia which was very good, 
l)ecame so neglected that very few men now have serviceable Arms: The 
Roads so n^lected that in my last Progress, I not only found them 
troublesome ; but dangerous to pass. 

I cannot refrain from astonishment when I consider that Sir Richani 
Everard wmplained against the late Secretary and Surveyor for Grant- 
ing the King's I^nds, when it was himself; that the Secretary advised 
him against it has been Proved, that the Surveyor Edward Moseley and 
Sir Richaixl were perfect Friends, is as well known ; as Sir Richard and 
his Son having a large part of those Lands allotted to them. 

I was informed at Cape Fear that the late Surveyor Edward Moseley 
and his relations there (some of them his Deputy's when Surveyor) used 
very unfair methods in their surveying, and claiming Lands they had 
no right too, by which means they imjwsed upon strangers and induced 
many to pay them for Lands, that they ought to have had the liberty of 
taking up, and that they held great quantities more than the Patents 
mentioned, some of these were sumraonded, before the Council m last 
January, Moseley gave in an account I knew to be false, others delivered 
me in Council evasive Papers to prove why they ought to be excused 
from giving in any account of what Lands they claimed, the further 
Consideration of this Matter is referred to a Council in March. 

The Frauds and Concealments of Moseley and his Relations will con- 
stantly oc(«sion them to oppose an Act required in my Instructions to 
oblige all People to Register their deeds for the I^ands they hold in the 
Auditor's office; I judge such an Act, and such a R^stry to be for the 
advantage of all honest men in the Country ; without it the receipt of the 
Quit Rents Intricate and uncertain. 

The Erecting a Court of Exchcqueur has been deferred to the coming 
of a receiver, and Auditor; I humbly give my opinion (as Commanded) 



334 COLONIAL RECORDS. 



that it is not onlv for his Maiest\''s service to have a constant Court of 
Excheq' in this Countrv, but absolutely Necessary. The Chief Justice, 
the Sec^retary, Receiver and Auditor for time being, proper Persons to 
(H>niposc* tlie Court ; but much good crannot be exjKK'teil from it witliout 
tliere was a real, not Nominal I>awyer to Preside. Such a One I hope 
t^) see from England, there is not a man that professes the I.«a\v here 
knows the Proct»edings of an Exchocjueur Court. 

Before the Receiver and Aiulitor are present, I have thought the late 
Receiver's Accoimts could not l)c Pa.ssM and if his Majesty declares the 
Grants void made by Sir Richanl Everard after the Purt*hase, he cannot 
have any money in his hands, ibr this reason alLso, am of opinion his 
Accounts should l>e deferred till the King's Plwisure l)e known. 

Sometime atler Smith the late Chief Justice left his Province I thought 
there had Ix^n no more than four of the Council in the Government, but 
M' Rice was n*tunieil from So: Carolina, and ^P Ashe not gone to Eng- 
land as report^nl, which I know not tillsome weeks after, only two Mem- 
Ijers apj)caring at the Council Summoninl in July, I swore two Councel- 
lours, otherwise* I (Hiuld not have hehl the Cliancery Court, nor n^ularly 
api)ointe<l a Chief Justi(*e, in Septemlier I sent a full aci-ount of this to 
your Ix)rdships; I humbly hojH' this will not l)e judg(Hl a breach of my 
Instructions. 

I desirt» leave to say a little al)out the Kc»es |)ay'<l in this Govern* jMir- 
tieularly of those to the Governor and Naval oi!i<'ei*s, After the death 
of M' Eden Governour of this Countrv, in an Assemblv nine vears 
since thev altered the Fees of this office, which had been till then £1.2.6 
to the Govern' and fifteen shillings to the Naval officer is Sterling money, 
or fresh pork at one i)enny halfpenny |)er pound for Entring and Clear- 
ing etc, every Vessel not l)elonging to the Country and half that money 
for those l)elonging to the Countrv ; this the President and Assembly 
altered by a Clause in an A(;t then )>assed, and made it £»3.11.0 in 
Province Bills to the Naval offiwr, but quite omitted the Governour's 
Fw which is now at four for one £14.14.0 but it is not near so good as 
the old Fees, for fresh jK>rk now sells for a shilling a ]K>und, and less 
than twenty shillings worth of goods l)ought in England will sell for 
more than £14.14.0 Neither will any Mjister of a Vessel |)ay the old 
Fee, some busy People of the Country complain of this, I have not 
beard anv Masters of Vessels that think it unreas<inable it is certain 
the Trade is not less(*ned thcivbv, for more Vessels have wnne this Year 
than I ever knew. 



CX3LONIAL RECX)RDS. 335 



Before the Year viz* the Fees were usually paid in Commodities which 
a« then Rated, were better than four for one in the Present Bills, these 
SjKxaes of Goods now selling from six to t^nn more in Bills than Rated 
till that time. 

As theoflfieers in this Province take their Fees, they are less in value 
than in any of the King's Governm" in these Parts; the Fees aocrueing 
to the Chief Justice, Secretiiry and their Clarkes, are three times as much, 
as to the Governor & all the rest of the officers here. 

Bills will be of Great use to this Country, if His Majesty is pleased 
to allow them, but then, there ought to be no rated commodity's both 
will cause confusion in Trade, and the rateil Goods depreciate the Bills, 
(as Remarked in the Laws. 

Rej)ealing the Biennial Act, would cause the elections to \ye more 
orderly and the Persons chose to l^ehave more dencently in Assemblys 
than hitherto they have done, and if they serve at their own expense 
will be willing to do the busyness before them, and the best & most sub- 
stantial men be Chose. 

The settling Treasurers by the Pretended Act in 1729 is taken from 
the Method in New England, if this were suffered here, these men would 
have such an influence in Elections, that scarce a man could be Chose 
but by their approbation, in the Assemblys they must inevitably carry 
every matter in Debate as they please, I hoj)e the Ijords of the Treas- 
ury will be pleased to appoint one Treasurer for the Province. 

In June last I was so extreamly buisied in writing letters drawing up 
a Report, causing the Laws of this Country to be transcribed, remarke- 
ing uix)n them, making up the Journals of the Council and Aasembly 
and abstracts in the Margins, that I generally was confined to my pen 
twenty hours in every day and night; And as there was not one Person 
in Confinement at that time, and having no assistance in my business; I 
did not make out a Commission for a Court of Oyer Terminer, & Goal 
deliver}^, in December there was a Commission of Oyer etc an<l the 
Court sate, but found no busyness for them to do, the Prisons being 
empty throughout the whole Province. 

The dangerous sickness I was afflicted with last Autumn and tedious 
indisposition that followed, prevented me from finishing the Drafts and 
soundings of the Harbours, and completing the account of the Militia in 
the latter I have made some alterations for the Eiise of the People, in 
April I design to put an end to both, and send them home as Commanded. 

I have held several Conferences with the Tuscaruro Indians some Com- 
plaints against them from the Governour of Virginia, I setled their 



3:^6 a)LOXIAL RECORDS. 



business to the satisfaction of all Parties, they remain in i)erfet't Ea^^ie 
and Quietness. 

I received a Letter in January from the Governoiirof South Can>lina, 
to appoint Conimis'^ioners fi»r running a Dividing Line between the two 
Prrjvinees the Council then sitting, shew'd them the said Govemour's 
letter, and a Paragraph in my Report of the first of July ; they advised 
me not to ap]>oint Commissioners, l^efore I was honoured with an answer 
from England on that Subject. 

It is mentioned in my ReiK)rt that there are no Fortifications in this 
Countr\-. At the South end of an Island called Ocacot*k there is a suf- 
ficient depth of water fi)r any Merchantman to come in, & a secure Har- 
lK)ur, this Island is scjwrated from the main land by a Stmnd about 
fourteen leagues over, that <^nnot Ik? passe<l by a Ve«sell, that draws tenn 
foot water, it has a Communication with many large Rivers that water 
so great a part of this Country, as contains four j>arts in five, of all the 
Inhabitants within the Pn)vince on this Island there is a Hill, whereon 
if a small fort was Erected Cannon woidd from thence Command the 
Barr, Channell and Harbour, there is no one thing woidd cause the trade 
of this Pn)vince to Flourish, like scuttling a Custom House on this Place, 
to ser\'e the three districts of Roani»ke, Currituck and Port Bath Town, 
this would procure a Trade fn)m England, in a little time put an end to 
the Pedling carried on by the Virginians and People of Xew England, 
to this Place ships loads of X^ros might l)c brought and sold well. 

Port Beaufort and the Harl>our at Caj>e Fear, may \ye made secure by 
being Fortified, but the Cost j>rove more than the Country is able at 
present to Discharge, those three arc all the Places in this Countr}* fit 
for shiping to sail into, there arc* a gR^it many Inletts that shift their 
Channels, frec|ucntly the old ones fill and new break out, but none of them 

arc» g<xxl. 

It has lx?en a Policy of the Subtle People of Xorth Carolina never to 
raise any money but what is appi*opriated, to pretend and insist that no 
Publick money can, or ought to Ix^ i>aid, but by a Claim given to, and 
allowed by the House of Burgesses; insomuch that upon the greatest 
emergency there* is no coming at any money to fitt out Vessells against 
a Pirate, to buy Arms, Purchase* Am unit ion, or on any other urgent occa- 
sion. This I ho|)e will Ik» i-edressetl. The whole amount of the Publick 
I^vys, and Powder Money paid by shiping, little Exceeds two Hundred 
Pounds sterling a Year. 

It being hoix^l and believed here his Majesty will be pleaseil to let 
T^inds lx» granted at two shillings |)er hundred, a few Warrants have l)een 



COLONIAL RECORDS. 337 

y" -_ 

issueil lately, to prevent all injustice and Confusion, in this atTair, I have 
altered the Method used heretofore in this Government, was was to leave 
sign'd Warrants in the Secretary's hands to fill up as any man came for 
them, and very often the Deputy Surveyors, kept immbers in their Pos- 
session, by which they made considerable advantages, by their manage- 
ment some people were injured, and others benefitted, to put an end to 
all unfair Practices, the warrants arc now all filled up before my signing, 
and Directed only to the Surveyor General, Who afterwards gives Direc- 
tions to his Deputy^s, All the Warrants made out are entred in a book 
at the Secretary's Office, when I sign them they arc entered in another 
I keep on purpose, and when they come to the Surveyor's hands he do's 
the same I know not any method more fair and just than this : Desire 
to be further instructed by the Lords of Trade, if they see Cause, there 
are not any Returns made of the Surveys, by the time they come into 
the Secretary's Office, I hope to receive a form from the Lords of Trade 
(as formerly desired) to make out the Patents by. 

There seems to be extraordinarv care taken in the 47*** Instruction that 
People should not hold much I^and, but cannot answer the end Designed, 
a very little Money will purchase a vast Quantity of Land in North 
Carolina, any one may buy old Patented Land at this time, the Quit 
Rents at six pence per hundred Acres, under ten pounds Sterling the 
Thousand, the greatest price ever given in North Carolina for an Im- 
proved Plantation, Buildings and all included has not exceeded a Thou- 
sand Pound in Bills, which sixty pounds worth of Commoditys from 
England will sell for, the reason is, the small Value the Planters receive 
for their Pnxluce, a Bushel! of wheat is given for six penny worth of 
English Gooils, a Bushell of Indian Corn, peas, beans, and other Pulse, 
for what costs fourpence, and a barrell of Tarr will not fetch above 
eighteen penny worth, besides the trouble of making the barrel, gather- 
ing and splitting the lightwood, the very bringing it out of the woods 
to a Landing in other Places would be worth the Money. 

It cannot be expected that this Province should increase in People, if 
the Quit Rents are higher here, than in Virginia, and other Govern- 
ments that are more Commodious upon many Accounts and Healthier. 

Great Improvements may be made in North Carolina Here in Iron 
Oar enough to serve all the world, and I believe other sorts will be 
found when the upper Parts of the Province are Inhabited. 

Great quantitys of Potash might annually be made, if the true Method 
was known. 



43 



338 (X)LONIAL RECORDS. 



The soil in some Places pnxluces wild Hemp, small Parcels are cul- 
tivated, some I have seen has excelled in strength, and colour any 
grown or brought into England. 

Flax and Cotton are very good and easily Pnxluced. Mulberry Trees 
that bear the thin leaf proper to feed silk worms grow naturally, this 
Country is certainly as proper and Convenient to produce silk as any in 
the world, the reason so little has been made, is that the very time 
required to look after the silkworms, is the season of Planting and Cul- 
tivating Rice, Tobacco, Indian Com and Pulse. 

The soil and Climate is particularly adapted for producing seeds to 
make Oyl, I put several sorts into the ground when last in the Coun- 
try, the increase was beyond Expectation. 

When this Province is l)etter Peopled, and more Lands cleared of the 
Trees, it may reasonably be thought, these Improvements and many 
others may be undertaken to increase the Trade of Great Britain. 

The Inhabitants of North Carolina, are not Industrious but subtle 
and crafty to admiration, allwavs l)ehaved insolently to their Governours, 
some they have Imprisoned, drove others out of the Countr\', at other 
times sett up two or three supporteil by Men under Arms, all the (Jov- 
ernors that ever were in this Provin(*e lived in fear of the People (except 
myself) and Deaded their Assembly s. 

The People are neither to be cajoled or outwitted, whenever a Gov- 
ernour attempts to affect anything by these means, he will loose his Labour 
and show his Ignorance. They never gave a Governour any Present 
except Sir Rich* Everard, with him they agreed for five hundreil Pounds 
in Bills to pass the Pretended I^aws in 1729, in the name of the Pro- 
prietors when he wjt*< showed the Act of Parliament of the King\< P»ir- 
chase, it must be allowal were those Acts Valid, the Assembly Men 
made a Good Bargain for the People they Represented. 

About twenty men are settled at Cape Fear from South Carolina, 
among them three brothers of a noted family whose name is Moore, 
thev are all of the sett known there, bv the name of the Goose Creek 
Faction, these People were always very troublesome in that Gov- 
ernm* and will without doubt l>e so in this. Alrea<lv I have been told 
they will expend a great sum to get me turne<l out; Messengers are 
continually going and coming fn)m Moseley and his crew tfK) and from 
them. Notwithstanding these Menat»es, and the constant discourse that 
has passed here, allmost from my first Entrance u{)on the Government, 
that I should be superceetled by the Contrivances of a Gentleman in 
England, I have not Ix^en terrifved, but Acted with such Resolution and 



COLONIAL RECORD8. 339 



Firmness, that the Province was soon put in a quiet condition, and has 
so continued without auy Imprisonments or Persecutions. 

I have patiently expected to be Honoured with your Lordp' Com- 
mands, when I am so happy to receive them, and tlie hopes of my being 
Cashier'd extinguished, soon will the factious People here alter their Car- 
riage; it is an insupportable grievance to them, they cannot invent, 
nor devise any stratagems to make me swerve from my Duty to the King, 
or inveigh me to favour some men to the Prejudice of others, by Acting 
Partialy in my Administration. 

I am 

with great Respect 
(your Lordships) 
most humble 

and most obedient servant . 

GEO: BURRINGTON. 
N. Carolina. February 20"^ 173 J. 



[From North Carolina Letter Book op S. P. G.] 



M"^ BURRINGTON TO THE BISHOP OF LONDON. 

N* Carolina Mar 15. 173^ 
My Lord 

I was not able to Prevail with the I^ast assembly to make necessary 
provision to sulxsist a convenient immber of Clergymen but have a very 
good expectation, the ensuing one will come into the measures I proposed. 
ly Marsden continues in the South Part of this Province. He sometimes 
Prt»aches Baptizeth children & marrieth when desired The Rev"* M' 
Bevil Granville nephew to the Lord Ijansclown is also here He was go- 
ing to Maryland but we have hopes he will continue with us if your Ijord- 
ship will procure the usual allowance from the Society 

These are all the ministers of the Ch**. of Engl** now in thLs Gov*: 
there is ouo Presbyterian Minister who has a Mixed audience; and there 
are 4 meeting houses of Quakers. Mr. Jn** Boyd, (the Gentleman who 
delivers this letter), was bre<l at the university of Glasgow; has practised 
Physic in the Colony of Virginia 7 yeai>5, is now desirous to take orders, 
several Gentleman of my acquaintance in this Country give him the 
Chamck' of a worthy, conscientious man, well qualified for the Ministry, 



340 COLONIAL RECORDS. 



they art* ilesiroiLs of having him for their Pastor, aud earnepjtly recpiested 
me to recommend Mr. Boyd to my I^onl Bishop for ortlers, a certifieate 
and an allowanee from the Stxnety, the Better to supjx^rt him, if your 
Ijordship thinks him deserving; as I believe Mr. BoydV designs art* 
piirely to do gcKxl in takeing the Ministry uiK)n him and not out of any 
view of gain. I humbly recH)m mend him to your I^mlship for Orders 
and a wrtifieate. 

I am, my Ijonl, your most humble and most obd* servant, 

GEO: BURRINGTON. 



[From North ('arolina Letter Book op S. P. G.l 



MR. GALE TO THE BISHOP OF LONDON 

Edkntox N** Carolina. April 6, 1732 
My IjORD: 

Your Lordship having l)t»en so g(KKl as to permit me to address you, 
on the account of the State of Religion, in N** Carolina, and not meeting 
with any one in L<mdon, whilst I was there whom your I^)rtlship 
thought fit to send upon sikJi a mission, I take leave to inform your 
Lordship that here is now at Edenton one Mr. Bevil Granville, who 
seems to have the General approbation of the inhabitants, and who was 
designe<l for Maryland at the riYpiest and by the direction of the Ix)nl 
Baltimore, but falling in here in his passage thither, the Gov' has pre- 
vailed with him to stay for one year, and he so well likes the place, that 
he promises to continue with us, in case he has en(H)uragement to sup- 
port, him. For this year the j>eople have made very considerable sul>- 
sc^riptions to his sjitisfaction, but as those methcKls of su]>port are too 
Precarious to be dej^endwl on for contiuuaiu^e. If your I^>rdship thinks 
fit Uy approve of him for the mission upon the f(M)ting I laid down to the 
StHMety, he says he shall very willingly acc(»pt of it, and make his ab(Mle 
amongst us, but as he is under the misfortune of not In'ing known to 
your Ijonlship yet l)eing sensible jof your tender care in not approving 
of any Missionaries but such as are well reconunende<l, l)e l>eggs leave to 
refer your I^)nlship for his charack* to the Lord Ducy & the T^>nl T^ns- 
dowu, who (he says) know him very well, as for myself F have but once 
heard him perform divine si»rvi<'e or pivach, but I must sjiy he did lK)th, 
in so devout aud graceful a manner, that I Ciuinot forl)ear mentioning of 
it to your Ii<»nlship. But as I prt^ume his Exci»llency the Gov' may 



(COLONIAL RECX)RDS. 341 



have writ to you on his acct., Nothing but the duty I owe to your 
Lordship and the concern I have for the yet unhappy state of religion 
in this Province, would have occasioned you this trouble from, 

My Lord, your Lordship's most devoted humble servant 

GALE. 

(P S) My I^nl, Since your Lordship was pleased to talk with me on 
Carolina affairs in general and l^eing in Council when, the Petition of 
Mr. Smith, Ch : Justice against our Gov' and others, was read, I hope 
your Lordship will not take amiss my informing you, that the facts in 
that Petition, now I am upon the Spot, appear to me more notoriously, 
not only to be false and Scandalous, as I said in Ijondon, but to be 
form'd only, by himself and one or 2 busy fellows, without any authority 
that I can learn from the several bodies of people he pretends to repre- 
sent. His accusation against the Gentleman he mentions, and his pre- 
tense of the Gov' ScTcening them, is equally groundless, and as little 
truth is there in his representation of the Gov*" Conduct, who has acted 
with reiuarkable caution and tem[)er. 

Your Ijordship\s &c, 

C. G. 



[From North ('Arolina Lrtter Book op S. P. G.] 



MR. GRANVILLE TO THE BISHOP OF LONDON. 

Edenton, No. Carolina May 6 — 1732. 
My Lord 

From Ix)rd Baltimore's fre(juent solicitations to leave England and 
settle in Maryland & upon his promise to provide for me, in the best 
manner, that, that province would allo^', I took shipping from Dublin 
in order to go there; landing in No. Carolina I accidentally met Mr. 
Burrington, who earnestly entreated and persuaded me, to stay in this 
Province, there being so great occasion for Ministers as you Lordship 
will judge when I assure you that I baptized near 1000 children & per- 
sons in a very short time after my coming in. As Mr. Burrington & 
Mr. Gale are pleased to write in my behalf, I thought it my duty (tho' 
personally unknown to you) to acquaint your Lordship how willing I 
am to fix in a country where the clergy is so much wanted & where so 
lew (»re to settle, hoping that (as unworthy a member as I am) I may 
l)e of some service to that church, whereto I belong, being well assured 



342 CX)LONIAL RECX)RDS. 



of one thing that let my abilities be never so poor, yet the name of a 
minister will hinder the growth of various dangerous sects, willing and 
ready to over run the whole Province. Should your Ix)rdship think 
me worthv of the mission, vou shall always hear that I am industrious 
in the service of G(k1 & these people & that 1 shall act in such a manner 
I hope as to deserve your Lordships approl)ation & as becomes the Per- 
son indulged with the friendship of the afore mentioned Gentlemen. 

I am My Lord : yours &c. 

SEVILLE GRANVILLE 



[From North Carolina Letter Book of S. P. (t.] 



MR. BURRINGTON TO THE BISHOP OF LONDON. 

No. Caromna, May 10, 1732 
My Lord, 

I did myself the honor to address a letter to your Lordship sometime 
since by Mr. Boyd, wherein the Rev* Mr. Granville is mentioned, this 
Gentleman I prevailed with to stay in this countr}' one year. A sub- 
scription has l)een made for him by particular persons, more adequate to 
the circumstances of the cimtributors, than to Mr. Granville's merits, 
who is incessant and indefatigable in his endeavours to promote the service 
of the church of England. Already has christened about a thousand 
chrihlren & is now on a progress in which he will baptize some hundi*eds, 
we fear Mr. Granville will leave us when this year is expired, unless 
your Ijordship with the Smuety think proper to establish him a mission- 
ary in this Province. 

Mr. Ija Pierre a French clergyman has an allowance from s(ime peo- 
ple at Ca|>e Fear in this Govm* which is renewed ; when I wrote the 
former letter was told he had quitttnl that place, but after was certainly 
informed, he had agreed to stay another year. Dr. Marsden oflficiat(*s 
Gratis, at a place called Onslow 40 miles from his own habitation & a 
clergyman benefic^l in Virginia preaches onct* in a month in a preirinct 
named Bertie on the Borders of this c<iuntry, this is my I^onl the (H>n- 
dition we are at present in in respect to Ministers. 

Mr. Gale who came from Engl* hitely brought a copy of complaints 
against me to his Sacnnl Majesty by W" Smith the S* Mr. Gale infornuHl 
me, an order of council passcnl for the (Himplaincr to examine witnesses to 
make go(xl his charge which I think, he will not attempt because he 



COI/)NIAL RECORDS. 343 



knows the chief part to l)e false, as those complaints lye in the c^ounoil 
office, if my adversary doth not proceed in a little time T will send my 
ans' (almost finished) till it is swn I hope your I^ordship nor any Lord 
of the council will entertain an ill opini(m of me, being very wrongfully 
calumniated as I shall in due time make appear. I beg your Lordships 
panlon for presuming to write the foregoing Paragraph, and leave to suIh 
scribe myself as really. 

I am with all due resjK^ct. My Lord 

Your most humble & 

most oW Servant 

GEO. BURRINGTON. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 39.] 



ABSTRACT OF A LETTER FROM CAI^AIN BURRING- 
TON GOVERNOR OF NORTH CAROLINA TO 
THE SECRETARY DATED THE 
27*^ jOF MAY 1732. 

A. He received the Secretarvs letter of 10: June 1731 — Reason of 
his not receiving it S(X)ner. 

B. He refers to His Report sent last year alsoe an answer to this Let- 
ter — The Biennial A(?t must be repealed to bring the people into good 
Disposition. 

C. Many people came to settle there last winter, some of good Ameri- 
(ain Fortunes — He may now make a crwlitable Council, and will write 
next month to the Board on that subject 

D. The l)est conveyance to him is by N. England in Summer, Virginia 
in Winter. 

E. This the first opportunity of sending. 

North Carolina the 27*** of May 1732. 
Sir 

A, I received a letter from you by Captain Daniel Beckman on the 6*** 
of April dated the 10"* of June 1731. the reason it was so long kept 
undelivered was that the vessell went to several places before it came 
here. 

Upon peruseing my papers, I think as good an answer as I am able 
to give to this letter may be taken out of the Report I sent to the Lords 



344 C^IA)N1AL RECORDS. 



of Trd<le last Year, upon the 25*** & 115 Instriietioiis, the whole I^aws 
have \)ct'u .sent to your Board already, whieh I believe have tiiken up 
some of their I^ordships time to examine, the Biennal Act must Ixj 
repealeil Ixifore the people of this Country can Ix* brought into a good 
disposition. 

C A multitude of people have come into this Country to settle last 
Winter, some have very great American fortunes, insomuch that 1 now 
think there are Men here to make up a creditable Council for which rea- 
son (Sir) I desire you will give my Duty to their Lordships, & let them 
know 1 design myself the honour of writeing them a letter on that sub- 
ject next month. 

jD. When the Lords of Trade honour me with their Commands the 
best cx)nveyance is, by the way of N. England in the Summer and Vir- 
ginia in the Winter. 

£, The Packet this letter goes in is the first I have had an opportunity 

of sending since the Receipt of yours 

I am 

(very truely Sir) 

Your most humble 

and most obedient servant 

GEO: BURRINGTON. 
To Allured Popple Esq" 



[B. P. R O. North Carolina. B. T. Vol. 21. p. 104.] 



LORDS OF TRADE TO GOV^ BURRINGTON 

20 JUNE 1732 

To C^apt. Burrington 

Sir, 

We have re(*^ived your letters of the 1" July and 4'** Sept. 1731 and 
shall receive His Maj. pleasure on such [mrts of them wherein his servi(»e 
or the welfare of the Pmvincx* are anv wav concerned But as to those 
paragraphs which relate to yourself and thos<* who have disagreed with 
your measures We cannot but take noticx? that they are couched in a very 
extraordinary j)articularly that where sj>eaking of M' Ashe's declining to 
come to England with the Chief Justice you write in the following words 
By which failure of his Baby Smith will he quite lost having nothing 
but a few lies to support his cause unless he can obtain an Instructor 



COLONIAL RECORDS. 345 



from a Gentleman in Hanover Square Of these words we expect an 

immediate and distinct explanation and arc 

Your meet humble Serv" 

WESTMORELAND 

P. DOCMINIQUE 

T. PELHAM 

EDW. ASHE 

OR. BRIDGEMAN 

Whitehall M. BLADEN 

June 20* 1732. 



[B. P. R. O. Am: A W. Imd: No. 592.] 



BOARD OF TRADE TO THE DUKE OF NEWCASTLE 

JUNE 21. 1732. 

My Lord, 

We take leave to enclose to your Grace the Extract of a Letter we 
have received from Captain Burrington His Majesties Groveniour of 
North Carolina by which he seems to apprehend the Indians of South 
Carolina were preparing to fall upon those under his Government who 
hope to be supported by a Party of the five Nations. 

As an Indian War may be of the most fatal consequence to both these 
Colonies, we have wrote both to Coll : Johnson and to Cap' Burrington 
to desire they will take the best Precautions to prevent the same. We 
have likewise wrote to the Grovernour of New York to interpose his 
authority with the five Indian Nations who are said to \yc concerned in 
this affair. But as her Majesties Orders to these three Governours upon 
this subject will be much more effectual, We desire your Grace will 
please to lay this matter before Her for Her Majesty's Directions therein. 

We are my Lord 
Your Graces 

mo6t obedient & most humble ser'' 

P. DOCMINIQUE 
T. PELHAM 
EDW: ASHE 
ORL'^ BRIDGEMAN 
Whitehall M. BLADEN 

June 21'»» 1732. 

44 



346 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 106.] 



M' SECRETARY POPPLE TO GOV. BURRINGTON 

21 JUNE 1732. 

To Capt. Burriugton 
Sir, 

My Lords Cominiss" for Trade & Plantation.s having under their (con- 
sideration your letter to them of the 4*** Si»pt. last wherein you mention 
some apprehension you had that the Indians of South Carolina might 
make an attempt against those of your Government I am commanded to 
acquaint you that their Lordships think that it will be for His Maj. ser- 
vice and the goi>d of the Province under your command that you should 
use the most effectual means to prevent any misunderstanding among the 
Indians. 

Mv Ijords Commiss" for Trade and Plantations have wrote bv this 
occasion to Col. Johnson and to Col. Cosby to use their endeavours to put 
an end to these misunderstandings. 

I am 

Your most humble Servant 

ALURED POPPLE 

Whitehall 

June 21-* 1732. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 107.] 



SECRETARY POPPLE TO ATTORN^ & SOLIC^ GEN^ 

30 JUNE 1732 

To M' Attornev & M' Solicitor Gen» 
Gentlemen, 

My Lords Comm" for Trade & Plantations having imder their con- 
sideration some papers relating to North Carolina upon which they are 
to make an immediate return command me to send vou the inclased Case 
and Queries thereon and to desire your opinion thereon as soon as jk)s- 
sible. 

There may possibly be some Clause in the Act of Parliament passed 
in the 2* year of His Maj. Reign for establishing an Agreement with 



COLONIAL RECX)RD8. 347 



seven of the Lords Proprietors of Carolina for the surrender of their 
title and interest of that Province to His Majesty that may affect the 
foregoing (»se of which my Lords do not take upon them to judge 

I am 

Gentlemen 

Your most humble Servant 
Whitehall ALUKED POPPLE 

June 30*»» 1 732. 

THE CASE 

The Lords Proprietors of Carolina having always appointed Governors 
of that Province before they made a sale thereof to the Crown those 
Governors with the consent of the Council & Assembly there passed 
Ijaws and have continued so to do ever since the purchase made by the 
Crown not having notice of the said Purchase. 

Q^. Whether any Laws passed after the said purchase by the Proprie- 
tors Governor in their names before notice of sale are valid? 

Q^. Whether the Laws passed in the Proprietors names after notice of 
such purchase and before the King appointed a Governor of his own be 
valid 



[B. P. R. O. B. T. North Carolina. Vol. 9. A. 24.] 



MEMORIAL OF WM. SMITH ESQ" RELATING TO THE 

LAWS OF N* CAROLINA 

[Rec* & Read 13 July 1732.] 

To the Rt. Hon"* the Lords Coiniss" for Trade and Plantations 

The Humble Representation of William Smith Esq" Chief Justice and 
Chief Baron of the Province of North Carolina in America concern- 
ing the present state of the I^aws of the s* Province 

That the said William Smith being ready to depart for the said Pro- 
vince in order to take upon him the execution of his said respective 
offices has first thought it his duty to lay before your Lordships the 
pre:sent state of the laws of that Province to the end that your Lord- 
ships might be pleased to remove some of the difficulties (w*** in the s* 
Smith's humble opinion) obstruct his putting the said Laws in execu- 
tion for the reasons following Viz* 



348 COLONIAL RECORDS. 



That ill the 76*^ Article of the Fundamental Constitutions of the late 
Lords Prop" of the s* Province It is OrdainM that no Act or Order of 
Parliament shall l)e of any fort« unless it be ratified in open Parliam* 
during the same Sessions by the Palatine or Deputy and three more the 
Lords Proprietors or their Deputies And then not to continue longer in 
force but until the next biennial Parliam* unless in the mean time it be 
ratifyeil under the hands & seals of the Palatine himself & three more 
of the Ix)nls Proprietors themselves and by their oitlers published at the 
next Biennial Parliament. 

That in the vear 1707 there were further orders from the said I^rds 
Proprietors corroborating the afores* 76''* Article that no law should l)e 
of force longer than two years unless confirmed by them. 

That by the 12^** Article of their said lordships Instructions to Sir 
Richard Everard their late and last Govern' dated the 17''* of April 1725 
they thought fit even to abridge that length of time and to make the 
continuation of the laws of that Province but for one vear unless con- 
firmed by the s* Lords Prop" 

That ever since the establishment of the said several Constitutions bv 
the said Lords Proprietors as liefore mentioned they have been only six 
several I^ws or Statutes of the said Province duely confirmed in pursu- 
ance of the said Constitutions Wherefore the said William Smith hum- 
bly submits himself to your Ijordships for your directions how to act in 
relation to those Laws which have from time to time been made in the 
said Province but have not as yet received a due confirmation conforma- 
ble to the several limitations of the afores* articles And humbly prays 
Your Lords'* to take the same into consideration & to give him instruc- 
tions accordingly that so he may be enabled to administer justice to all 
parties with Honor to His Majesty & safety to himself 

And your Memorialist shall ever pray &<*. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 108.] 



SEC^RETARY POPPLE TO ATTORN' & SOL' GEN> 

20 JULY 17:V2. 

To M' Attorney & Solicitor General 

Gentlemen 

M' Smith Chief Justice and Chief Baron of North Carolina having 
presented a Rep* to my Lords Commiss" for Trade & Plantations stating 



COLONIAL RECORDS. 349 



some difficulties he labours under with respect to the Laws of that Pro- 
vince I am commanded to send you a copy of the said Rep' and to 
acquaint you that my Lords have given diret'tions to M' Smith to attend 
you upon this occasion to explain more particularly the matters cinitained 
in his said Memorial upon which my Lords desiix? yoirr opinion as soon 
as may l)e 

I am 

Your most hum"* Serv* 

ALURED POPPLE 

Whitehall 

July 20*** 1732. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 108.] 



SECRETARY POPPLE TO SEC. BURCHETT 1732 
JULY 22. (OF THE ADMIRALTY) 

To Josiah Burchet Esq™ 

Sir, 

My Lords Commiss" for Trade & Plantations having received from 
Capt. Burrington His Maj. Gov' of North Carolina and from M' Porter 
late a Member of His Maj. Council & Judge of the Vice Admiralty 
Court there several complaints against each other their Lordships com- 
mand me to send you for the information of the Rt. Hon. the Lords Com- 
miss" of the Admiralty the enclosed copies of so much thereof as relates 
to the said Court of Admiralty and to acquaint you that my Lords Corn- 
miss" have transmitted to Capt. Burringtou and M' Porter copies of the 
said Complaints respectively in order to their taking and interchaning 
upon that place such proofs as they may have to support their several 
charges which my rx)rds have directed them to transmit hither without 

loss of time 

I am 

Your most hum**** Serv* 

ALURED POPPLE 

Whitehall 

July 22^ 1732 



350 COLONIAL RECORDS. 



[B. P. R. O. South Cabolina. B. T. Vol. 5. D. 41.] 



M' ATTORNEY & M' SOLICITOR'S GEN REPORT UPON 

QUERIt:S RELATING TO THE VALIDITY OF 

LAWS PASSED IN NORTH & 

SOUTH CAROLINA 

The Lords Proprietors of Carolina liaving always appointed Governors 
of that Province before they made a sale thereof to the Crown those 
Governors with the consent of the Council & Assembly there passed 
Laws and have continual so to do even since the purchase made by the 
Crown not having notice of the said purchase. 

Q^ Whether any Laws passed after the said purchase by the Propriety 
Governors in their names be/ore notice of the sale are valid? 

Whether Laws passed in the Proprietors names after notice of such 
purchase & before the King appointed a Governor of his own be valid? 

We are of opinion that Laws passed by Governors appointed by the 

Lords Prop" & in their names afi^r the sale and before notice arrived in 

the Province are of the same validity as such I^aws would have been if 

they had been passed in like manner before such sale But that any Laws 

passed in the Prop" names after notice of their having conveyed their 

interest to the Crown are absolutely null and void. 

P. YORKE 

C. TALBOT. 

ll*** August 1732. 



[B. P. R. O. North Carolina. B. T. Vol. 21. p. 120.] 



M' SEC. POPPLE TO JUDGE PORTER 16 AUGUST 1732 

To Edmund Porter Esq" late Judge of Vice Admiralty Court in No. 
Carolina 

Sir, 

My Lords Commiss" for Trade and Plantations have received from 
you and considered a Representation and other papers containing com- 
plaints of the proceedings of Capt. Burrington Gov' of His Maj. Prov- 
ince of North Carolina against you as a Member of His Maj. Council 
there and Judge of the Vice Admiralty Court and have transmitted 



COIX)NIAL RECORDS. 851 



copies thereof of so much as concerns you in the capacity of Judge of 
the Admiralty to M' Burchett for the information of the Ixls Coram" of 
the Admiralty. 

I herewith send you by their I^ordships Order an extract of what 
Capt. Burrington has writ to them by way of complaint against you at 
the same time I am likewise directed to transmit to him copies of your 
forement* Representation and other papers and that my Lords may be 
enabled to make a judgment of the true state of this aifair I have by 
their command acquainted him that their Ijord** expect he should return 
to them such depositions and proofs in his own behalf as he should think 
convenient giving you at the same time full liberty or any other persons 
concerned to make affidavits before any Judge or other Magistrate of 
what they know concerning the subject matter of the said Complaints 
and such Judge or Magistrate be likewise enjoined to summon such per- 
sons as the complainants respectively shall name in order to give their 
testimony in this affair. M' Burrington is further directed to interchange 
with you true copies of the Proofs and Affidavits so soon as they shall 
be made which you are likewise to observe on your part and that twenty 
days be allowed to make his & your reply by affidavits or otherwise to 
be in like manner interchangeably communicated to each other and after- 
wards transmitted hither without loss of time. 

I am 
Sir 

Your most hum"* Serv* 

Whitehall ALURED POPPLE 

Aug* 16*»» 1732. 



[B. P. R. O. NoBTH Carolina. B. T. Vol. 21. p. 109.] 



M' SECRETARY POPPLE TO GOV BURRINGTON 

16 AUGUST 1732. 

To Capt. Burrington Governor of North Carolina 
Sir, 

My Lords Commias" for Trade & Plantations command me to acknowl- 
edge the receipt of your letters of the 1** July and 4''* Sept. last with the 
several public papers you therein mention to be inclosed. 

My Ijords observe the complaints you have made against Mssrs. 
Ashe, Porter & Smith for obstructing His Maj. service and that you 
apprehend they may make some complaints against you. 



352 



COLONIAL RECORDS. 



No such complaints have a.^ yet been lodged in their Ijordships Office 
but by M' Porter which their liordships having had under considera- 
tion command me to transmit to you the inclosed copies thereof And at 
the same time I am likewise directed to send M' Porter a copy of what 
you have writ to my Ix)rds Commiss" by way of complaint against him 
and that my I^rds may be enabled to make a judgment of the true state 
of this affair they further command me to acquaint you that their Lonl- 
ships expect you to return to them such depositions and proofs in your 
own behalf as you shall think convenient giving M' Porter at the same 
time full liberty or any other persons concerned to make Affidavits 
before any Judge or other Magistrate concerning the subject matt-er of 
said complaints & that such Judge or Magistrate be likewise injoined to 
summon such {persons as the Complainants respectively shall name in 
order to give their testimony in this affair That you interchange with 
M' Porter true copies of the proofs and affidavits so soon as they shall 
be made which he is likewise direi^ted to observe on his part And that 
twenty days be allowed to make your and his reply by Affidavits or 
otherwise to be in like manner interchangeably communicated & after- 
wards transmitted hither without loss of time. 

In this manner My Lords will have the whole matter properly laid 
before them and as you renounce any favor from their Lordships and 
demand at the same time their justice I am to acquaint you that you and 
every one else may be assured they will ever meet that from their 
Lordships in every affair that may come under their consideration. 

Until this affair shall in the manner proposed come before their Ijord- 
ships my Lords do not take upon them to judge between M' Porter and 
yourself yet they cant help observing that M' Porter stands aajuitted by 
het old Councillors and only condemned by those whom you have nomi- 
nated for new ones. 

UiK)n this occasion I am to remind you of that part of your Commis- 
sion whereby you are empowered to appoint Councillors whenever the 
Council shall be reduced under the number of seven to which number 
and no further you have liberty to appoint As there is some doubt 
whether there were not seven Councillors in the Province under your 
government at the time you took upon yourself to nominate My Lords 
expect you will send an exact account thereof by which it will appear 
how far you have observed your instructions. 

I am further to acquaint you upon this subject that you have not the 
liberty of altering the rank in which His Maj. has been pleased to place 
the several Councillors in the first Article of your Instructions as you 



COIX)NIAL RECORDS. 353 



acquaint my Lords you have done You will therefore do well to restore 
every gentleman to the rank His Maj. has l>een pleased to place them in 
of which I send you the inclosed List. 

My Lords have read & considered the several transactions between 
yourself the Council and Assembly and command me to acquaint you 
that they think it migiit have been advisable not to have recommended 
so many things as you did to their consideration at once especially as you 
represent the Assembly not so ready to dispatch the matters laid before 
them as you could have wished. 

My Lords observe that you proposed in one of your speeches that the 
Assembly might as they saw occasion send a Deputation from their 
Body to advise with you altho' you may have proposed this in order to 
facilitate the business of the Province yet as it is a very unusual practise 
you will do well for the future to avoid any such thing as well as the 
joining in any conference which the Council and Assembly may have 
together as you have the honor to represent His Maj. person and as such 
are one of the three parts of the legislature of the Province You have 
a n^ative on all their public proceedings and therefore cannot in the 
least intermeddle in debating or voting in either Council or Assembly or 
in any Conference between them. 

Upon this occasion my Lords cant avoid observing the great irr^u- 
lariti&s you have committed in your commerce with the Lower House 
but particularly where you compare one of their members to a thief who 
to prevent his being discovered sets the house on fire and escapes in the 
smoke As every Member of the Assembly has an undoubted right to 
propose whatever he judges for the service of the Province this proceed- 
ing of yours looks too much like intimidating the Members of the 
Assembly and therefore my I^rds are of opinion that a more cool 
behaviour in you may not only be a good example to both Houses but 
may prevent any (complaint against yourself upon this head. 

My Lords having referred several questions upon the Acts of this 
Province to His Maj. Council for their opinion in point of law an 
answer to that part of your letters must yet Ire deferred for some time 
But I am now to acquaint you with resjjeot to that part of your letter 
where you ask the opinion of the Board whether the Receivers of His 
Maj. Quit rent^ may not accept of an etjuivalent for Proclamation money 
that you are steadily to adhere to your instnictions upon all occasions 
and therefore whenever any Act shall be passed It must be enacted that 
His Maj. Quit Rents be punctually paid in Proclamation money And if 
it shall appear that there is not money sufficient to answer the said l>ay- 
45 



354 COLONIAL RECK)RD8. 



ments His Maj. may then upon a proper application agree to take an 
e<iuivalent in the products of the Province 

I am likewise to inform vou tliat the Grand Deed of 1668 from the 
Lds. Propriet" which you mention as pleaded by the people against iky- 
ing any higher Quit Rent than is paid in Virginia can only be under- 
stood as temporary letter of Attorney from the Thirds Prop" revocable 
at their pleasure as in eflFect it was many years ago when they directed 
their Grovernor M' Exlen to grant no Land without reserving one penny 
"^ Acre However as the paying 4 shill** Proclamation Money jxir hun- 
dred Acres as well as paying all Officers fees in the said Currency & 
registring all Grants of I^and are by your Instructions made the terms 
upon which His Maj. has been graciously pleased to declare he will 
remit the payment of the Arrears of quit rents His Maj. Officers may 
soon have directions to collect the said arrears unless the people do 
sjKHxlily think fit to comply with His Maj. terms which are calculated 
for their advantage and for quieting them in their possessions. 

My Ix)rds observe some disputes you have had with the Assembly 
about the appointing a Clerk to that House and find by the Minutes of 
Assembly that they have taken no notice of the Commission you gave 
to M' Williams and have appointeil him their Clerk by their own 
authority But I must remind vou of vour 14*** Instruction bv which 
you are not to allow the Assembly any greater privilege than is enjoyed 
by the House of Commons in this Kingdom where that Offi(*er is ap- 
pointed by His Majesty. You therefore must take care not to give up 
this point wherein His Maj. prerogative is concerned. 

As to that part of your letter which relates to the dispute between the 
Chief Justice and the Assistant Judges My Lords desire you will send 
copies of the Commiss" you have given to the Chief Justice and the 
Assistant Judges that they may judge of the several powers thereby 
granted to them. 

My Ixjrds likewise desire to know how the matter stands with respec^t 
to the power claimed by the Assembly of ch using the public Trea«urer of 
the Province & what has been the ci>n8tant practise and by what author- 
ity M' Moseley was originally appointed for altho' he is styled Public 
Treasurer by several of the Ijaws yet it dont ap()ear to their Lordshi|)s 
how or when he was made so. 

In answer to what you say with respect to the allowanc* not Ix^ing 
sufficient for holding Courts of Oyer and Terminer I am commanded to 
acquaint you that whenever your instnictions mention money Proclama- 
tion money is always therebv intended unless anv other currency is par- 
Hcularly mentioned. 



COLONIAL RECORDS. 355 



My Lords Commiss" having thoroughly considered the settlement of 
the Boundaries between your Province and South Carolina before your 
Instruction relating thereto was concluded are of opinion that you should 
put that instruction in execution and the mther because they cant think 
of advising any alteration therein upon hearing one party only. 

When the Attorney and Solicitor Gen* shall have made their Report 
concerning the Laws of your Province my Lords will then be able to 
give an opinion upon the Act for Biennial Assemblies but so long as a 
doubt remains concerning the force of that Law you ought not to make 
any alteration in the Assembly And whenever any alteration shall be 
tliought necessary it will be more proper to be done by an Instruction 
tiian by an Act of Assembly. 

In answer to that part of your letter wherein you desire the opinion of 
the Board whether tiie Pmprietors of such plantations as are gained to 
your Province of Virginia are not to renew their Patents in North Car- 
olina I am commanded to acquaint you that they are not obliged to renew 
their Patents but only register them. 

You acx][uaint my Lords in your last letter that Warrants have been 
given to several people in the time of the Lords Proprietors to take up 
land and settle to the Southward but no Patents have been issued in pur- 
suance thereof upon which you desire the directions of the Board Upon 
this (xxiasion my Lords desire you will send them a distinct account of 
that aifair a list of the several Warrants with the dates of them to whom 
given upon what consideration what quantities of land are thereby 
intended to be granted what Quit Rents are thereby reserved whether 
any of those Lands have been taken up and whether the particular quan- 
tities of land and the situation thereof are specified in the said Warrants. 

I am your most obed* hum"* Serv* 

ALURED POPPLE 

Whitehall 

August 16"» 1732. 



356 COLONIAL RECORDS. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 29.] 



RICE, MONTGOMERY AND ASHE VS. BURRINGTON. 

North Carolina. 

To His Grace the Duke of New Castle one of His Majesty's Principal 
Secretarys of State. 

The most humble Memorial and Remonstrance of Nathaniel Rice and 
John Baptista Ashe two of the Meml)ers of Council and John Mont- 
gomery Attorney General and Deputy Inspector and Controller Gen- 
eral of his Majesty's Province of North Carolina. 

May it please your Grace 

We b^ your Grace to permit us (by way of Apology for thus address- 
ing you) to shew the reasons induceing us to this Method of representing 
to your Grace the State of this Province. George Burrington Esq** 
Governor being conscious that his proceedings in the administration of 
the Government have been most arbitrary and ill^al has used his utmost 
endeavours to prevent a true State of this Colony being exhibited to his 
Majesty not only by refusing to call Assemblys whereby the people 
might be enabled to remonstrate in a Parliamentary way, but also by 
his arbitrary acting and artfull management in Council in concert with a 
few Members of his own apointment and by mean?of a Deputy Secretary 
a creature of his and by him imposed in a manner upon his principal, he 
has so mutilated altered perverted and misrepresented things in the Jour- 
nals of the Council that scarce any affair transacted at the Board appears 
in a true light. We therefore finding it improbable thro these and many 
other artifices of the Governor that his most excellent Majesty will 
receive any true information of the affairs of this Province, think we 
cannot faithfully discharge a trust reposed in us by our most gracious 
King as officers of this Government unless we truly represent to your 
Grace the deplorable State of this Country ; the many breaches of his 
Majesty's Royal Instructions and the greivances and oppressions Suffered 
by the people, humbly praying your Grace will represent them to his 
Majesty in Such manner as your Gnu« in your great wisdom Shall 
think fitt. What we shall represent to your Grace will be contained 
under these General heads. 

1. His arbitrary exercise of power respecting proceedings in Council 
2**^. His Arbitrary exercise of power relating to the Courts of Justice*. 



COLONIAL RECX)RD8. 367 



3*^^. His arbitrary proceedings relating to the disposition of the Kings 
Lands 

^thiy jjj^ disrespect to and insulting and abusing the Kings oiBcers 
and otliers. 

5tiiiy jjjg illigal and arbitrary actions relating to the Extorting moneys 
from the Kings Subjects. 

We proceed on the first General head. 

l". During a Session of Assembly after his arrival (the only one he 
has suffered to be since he has l)een in the Province) he assumed to him- 
self and affirmed he had a power of acting and of voting as a menil)er 
of Council and of the upper House of Assembly distinct from his power 
of Governor or of his N^ative willed and ordained him by the King, 
and he thereupon procee<led to alter and rase Bills on their readings in 
the upper house without consulting the Council particularly a Bill relat- 
ing to the appointment of Circular General Courts and when some of 
the Council in the most humble manner objected to such a proceeding, 
he flew into a passion, particularly in this case with John Baptista Ashe, 
alhnlging that from him of all men he expec^ted not to have heard such 
an objection or to have received such usuage, expressing himself in an 
angry tone Sufficiently denoting his displeasure, tho the objection was 
made of the said Ashe in the most mild and respectful 1 terms 

2^*^. When by an order in full Council several Gentlemen of the best 
fortune, ability and character in the Country were nominated and ap- 
pointed Justices in the General Commission of the Peace, the Governor 
afterwards l)elieveing those Gentlemen would not be obsequious to his 
arbitrary dictates, or subservient to his ends, the said order by his arti- 
fice was left out of and not entered in the Journal of the Council and a 
commission was by him ordered to be made out by assent of Council 
wherein three Members only were present (and those three Such as are 
always conformable to his pleasure be it what it will) in which those 
Gentlemen were omitted. 

3**^. The Governor being desirous of introducing M' Lovick and M' 
Gale into the Council pretends a very great emergency vizt: the appoint- 
ment of a Chief Justice and assistants M' Smith having withdrawn him- 
self out of the Government without leave as is represented in the Jour- 
nal of the Council the 27*** of August 1731 when those Councellours 
were introduced. Now it is notorious and was publickly known that 
M' Smith left the Province the beginning of the month of June so that 
there were six or seven weeks interveening his departure and this pre- 
tended Emergency Certainly this was time enough to summon the other 



868 COLONIAL RECORDS. 



Members from Cape Fair or any other part of the Government and yet 
none were summoned but he introduced them, two only of the Council 
being present and one of them objecting against it as contrary to his 
Majesty's Seventh Instruction which forbidds his filling up the Council 
beyond the number Seven : It is plain his Intent in thus acting was to 
introduce these Gentlemen into Council and by their means to appoint 
the Chief Justice and assistants which he did being all men he was 
assured would be subservient to his ends: and it was done with design 
Art and management whereas he would represent the matter as if he was 
obliged to it by a sudden and unexpected Emergency. 

^thiy rp^^ ^^^ ^ slurr on the characters of some particular Gentlemen 
and to give them needless vexation and trouble He has exhibited charges 
against them in Council causing them in the depth of Winter (not at the 
usual times of Courts or meetings of Assemblys or Councils) at their very 
great Expenc« and fatigue to travel two hundred miles to answer, and 
when they have ap|)eared and in writing made answer to such charges and 
defended themselves and have prayed that as their charges were their 
defences might be entered in the Journal also, he by his sole power has 
refused and prevented the entry of such written defences and only enters 
short inferences from them of his own making (made out of and after 
such Councils are over) as their answers : whereby things are misrepre- 
sented in' the Council Journal and the true state of such ceases disguised, 
and several ill^al and arbitrary proceedings of his, in such answers set 
forth prevented from coming to the notice of our most Gracious King 
and his Ministry. Such were the ceases of Maurice Moore John Porter 
Edward Moseley John Baptista Ashe and several others whose answers 
tho they humbly requested they might be entered he has forbidden to he 
entered, the reason is plain ; they contain matters which he would c^on- 
oeal, as reference being had to such answers will appear. These two last 
Articles out of a multitude of others which we cx)uld give (were we not 
afraid of tresi)assing on your Gra(«s |)atience) will serve a«» well as in- 
stances of his misrepresenting things in the Council Journal as for his 
arbitrary exercise of ix)wer in it. 

5*"^. On the receipt of a private copy (not attested by any officer) of 
M' Smith's complaint to his Majesty against him the Governor: he has 
proceeded to bring people before him in Council to de<'lare whether they 
imployed M' Smith to complain against him. In tlie choice of such to 
be brought before him he has generally hitherto taken such as he was 
pretty sure would either thro fear or for other cause purge themselves for 
a denial, on so doing such liavc been annplimented and had his thanks 



COI/)NIAL HPXK)RD8. 359 



and .some few who have refused to stand s!ioh an inquisition have highly 
incurred his displeasure so as he has lx*stowe<l on S4)me of them the Titles 
of Roj^ue and Ra>«c«l in Council. In this affair he has without his Maj- 
esty's direc»tions proceeded exparte (no jKirsons being present to cro«8 
examine) to examine Witnesses, one to take affidavits, depositions and 
solemn I)e(*larations on Oath ; many of which are made by himself and 
th(^ jMirtys concerned ; at the cx)ntents of which we shall only at present 
say we are amazed : as for Instance where in some of them it is set forth 
that he bona fide for a full and valuable (xjnsideration purcrhaj!(ed the lands 
mentioned in M' Smith V memorial to his Majesty to which we refer, 
moved to it on the report of a lead mine l)eing on them ; The lands are 
known to be some of the most fertile in America and the Governor has 
(it seems) of them about forty thousiind acres ; but as to the rejjort of die 
lead mine being on them we are confident it was never heard of till these 
solemn Declarations were thought necessary : and if true we cannot con- 
ceive that the mines should render those lands less valuable. There are 
many other (we forel)ear saying falsities) al)surdities and irregularities in 
these his proceeilings which we amid point out to your Grace but forebear 
of Ix^ing too tetlious we shall at present decline it : If his Majesty shall 
think fit to direct a full and impartial enquiry; they will then appear. 

We (N^uld give many other Instances under this Genend Head but least 
we be too tiresome to your (irace we shall proceed to the second g^nieral 
head rt^pec*ting his arbitrary exercise of iK>wer relating to the Courts and 
a<lministration of Justice. 

1**. With respect to the Courts and his own administration of Jus- 
tice, his priK-eedings are without example. He has appoints! a Man 
Chief Justice of this Province whom he has often declared to be the 
greatest rogue in this Country and we can truly say is unskilled in the 
I^wand in all r&spects unqualified to execute that post; and four assist- 
ant Justices of the Supreme Court; one of whom can neither read nor 
write and all very weak persons and unskilled in the Law but Such as 
he imagined fitt for his purpose and the event has to the grief of this 
Province shewn that he was not mistaken. 

He frecjuently appears in the Courts either to influence them, in favour 
of his friends or to the prejudice of those he is displeased with ; and this 
not by his bare presence only, but by openly speaking to and directing 
the Courtis acicording as he is inclined to the party. So intent is he to 
crush those he has conceived a prejudice against that he has forbidden 
the General Court to admit any person to plead there but Such as Shall 
obtain his licence, atho there is no law requireing Such licence. By which 



360 COLONIAL RECORDS. 



means he deprives jxirsons formerly liceiieed and admitted as Attorney 
(being old Practioners) of their business unless by proper ways and 
applic-ation they can procure his favour. And when M' Moseley the 
oldest practioner of the I^aw in this Province (who was licenced and 
practiced near twenty year past) appeared and made a defence for some 
persons who were indicted by the Governors means for supposed facts 
said to be done before his arrival in this Government and which the party 
said to be injured in open Court declared was not of his promoting The 
Governor after the Jury were gone out on that Trial came down out of the 
Gallery (where he and his Lady appearecl to influence the Court and Jury) 
to the Court table where M' Moselev stood with his hand on the Bible 
being about to take the Oaths : and notwithstanding the said Moseley 
prayed the protection of the Court he ordered the Marshall to take the said 
Moseley out of the Court and to bring him before him ; and in Court com- 
manded all his Majesty's subjects to assist the Marshall, and when M' 
Maseley was brought before him he treated him with great scorn and con- 
tempt offering him many indignities; and commanded the Marshall ver- 
bally to commit him to prison. At another time viz. at the General Court 
held in July last some debate arising in Court al)out the granting time 
to the Def* aft-er oyer prayed of certain writings mentioned in a Declara- 
tion whiere the Governor was plaintiff and on which occasion the Gov- 
ernor and his Lawyers pressed for the Defendant to plead immediately, 
the Defendant having no Lawyer M' Moseley told the Court that during 
the many years he formerly practiced as a Lawyer he never knew it 
refused. The Governor went out of Court and immediately aft;er com- 
manded the Marshall to take the said Moselev into to custodv and t»rrv 
him to Goal for what he had spoken in Court, altho the Court declared 
they were no ways offendeil at what he had spoken : accordingly by the 
Governor's verbal order he was carrved to the common Goal and there 
confined, untill by motion to the General Court for a Hal)eas Corpus he 
was brought l)efoi'e the Court an<l discharged by the unanimous Judg- 
ment of the Court, consisting of the Chief Justice and three assistants; 
for which they have (as its said) fallen under the Governours high dis- 
pleasure, who declares he has jK)wer to (H)nimit any j)erson to prison without 
cause shewn for twelve hours, and indee<l he has exercisi^^il this his assumed 
power in another case vizt : in that of Dm-tor George Allen a Physician 
whom he committed and confined in the common Goal ten hours without 
shewing any c^use, and before a Warrant or Mittimus was delivered to the 
(loaler. The severe usuage of M' Moseley is the more to l>e taken notice 
of in as nnich as for near twenty eight years past he has l>een an Inhabi- 



COLONIAL RECORDS. 361 



tant of this Province having a very good Estate and for near half that 
time lias been an Eminent Member of tlie I^wer House of Assemblv 
Ix^ing 5 or 6 times chosen Speaker thereof; the other part of the time a 
Member of the Lower House of Assemblv Council and Survevor Gen- 
eral and has had the greatest Trust reposed in him by the Province ; and 
he is thought by most people to have received this usuage for his endeav- 
ours to hinder and prevent the Governours violent proceedings. Mis- 
erable must be the state of that Province where the Governor. shall take 
on him to hinder Lawyers who have l)ecn received as such by the Court 
for near twenty years past, from pleading or speaking of those he intends 
to crush and injure and indeed this is ex}>erimentally found to be a sure 
means of such persons being left defenceless without any one dareing to 
speake or plead for them. 

To these Instances may be added his eagre desire of Serveing his 
favourites : So partially favourable is he to M' William Little (a person 
whom he consults on all occasions relating to the King's Business tho' 
there are many notorious complaints against him for injustice and wrong 
done to the King as well as to the Subject) that lately in a case vizt. 
Rowell against Jones at his the Said Littles Instancre he granted a writ 
as Chancellour (without any preceeding Suite or Bill brought or filled in 
Chancery by the Plaintiff and without notice given the Defendant 
whereby he enjoyned and ct)mmanded the Offi(«r to oust or put the defend- 
ant who was l)ona fide a purchasor and actually in {ftac^eable and quiet 
p<xssession out of possession, and this without any view or inquest of 
forc^ible Entry ; there l)eing none indeed So much as pretended and to 
put the Plaintiff (who was only Wife of the Vendor and had not the 
least Title or interest in the Lands Sold) into possession which by the 
Officer was accordingly done. And of this when the Attorney General 
complained to the Governor and Council Setting forth what a dangerous 
precedent it might prove, and how grievous a practice it might introduce, 
and praying relief in behalf of the defendant he was denyed it or at 
least he was delayeil being put off as was pretended for want of a full 
Councill (which for Several reasons he then prevented as tis thought its 
being full) tho the Act was committed or done by himself Solely, and 
the Attorney General was insulted and abused having much reproachful 
language bestowed on him and the lye given him in Council by his Ex- 
cellency when he had asserted a Truth as was apparent, by the record in 
the Court of Chancery. Thus he acts in behalf of his favourites: but 
when the case comes to be his own he Sticks at nothing to gain his pur- 
pose, as in the case of M' Porter, who having obtained a Patent for Some 
46 



362 COLONIAL RECORDS. 



Lands, and built and Seated a family thereon consisting of a Man his 
wife and Six Small children, and the Wife big and ready to lay in with 
another ; the Governour making Some trifling and frivolous pretensions 
(as on Examination we doubt not they will appear to be) to the land ; he 
went to the Tenant told him the next day he designed to bum the house 
required him to move his family and goods or otherwise he would burn 
them in it : The poor people frightened with this threat, moved and 
took out as many as they could of their goods to Save them from being 
burned : The Governor was as good as his word, for the next day he 
burnt the house and Several things belonging to the p(X)r Family ; what 
and how fatal by this time had been the End of one under his displeas- 
ure who should have presumed to have perpetrated So wicked an action 
We think we may justly Say the Gallows had been his portion. Give us 
leave to deliver our opinions to your Grace, that it is imjwssible any 
Country Should long Subsist under the Administration of a Governour 
So extravagant (to give him no worse an Epithet) as this ; and we doubt not 
but your Grace comiserating our Condition will justly represent these 
things and the State of this Province to our most gracious Sovereign 
from whose conspicious Justice and goodness we expect and hope for 
relief. 

Some months after the arrival of the Governour in this Province seven 
Negro Slaves were brought into Cape Fear River and sold to sundrj' 
persons soon aft^r it was reported that they were stolen from the 
Spaniards settled at S* Augustin. As soon as the Governour had notice 
of that report he took those slaves from the persons who had purchased 
them and sett them to work u])on his own Plantation with design a<* he 
then declared, that they might be secured for the Spaniards ; but (as it 
plainly appeared afterwards) he sole design was to appropriate them to 
his own use; for not long after the Governor of S* Augustin in conjunc- 
tion with the owner of those Negroes appointed an Agent to demand and 
carry them to S* Augustin who according to his Instructions, applyed to 
the Governour and demanded the same: but so was he fn)m complying 
that he absolutely refused to deliver them, pretending they were the 
property of those persons who bought them upon their arrival in this 
Province. Thus when the Purchasors who bought them he insisted they 
were the pn)perty of the Spanianls : but when the Spaniards, his pretence 
was they were the property of the Purchasors ; on such pretext he keep 
them a long time, till most of them have escaped and are lost to l)oth 
partys. This proceeding of the Governor the Inhabitants upon Cape 
Fair River are apprehensive will be highly resented by the Sjwiniards, 



COLONIAL RECORDS. 363 



and as there is no Fort to protect that young Settlement and being open 
any every way easy to be invaded, they are in great fear the Spaniards 
will make reprizals, by taking their N^roes, as they may without diffi- 
culty. 

S*"^ His arbitrary proceedings relating to the disposal of the Kings 
I^nds The Governour by his Majesty's commission is impowered to set- 
tle and agree with the Inhabitants for lands &c and to grant them by 
and with the advise and consent of the Council, and that such their ad- 
vise and (Xiiisent is necessary, is also plainly implyed by his Majesties 
42 & 43** Instructions to his Excellency : yet so arbitrary are his pro- 
ceeilings herein that he grants Warrants contrary to the Kings Instruc- 
tions in undue proportion to whom and in what manner he pleases with- 
out (K)nsulting or requiring the advice and consent of the Council; whilst 
he refuses others who want Lands and are ready to comply with the 
Kings Instructions : Thus instead of impartially granting Lands accord- 
ing to the Kings Instnictions to such as are capable of improving them 
he uses his power partially and dispences Warrants for the Kings I^ands 
as acts of favour to such as by complying with the Terms and measures 
render themselves well pleasing to him : This is not all he exacts two 
shilling and sixpence for every fifty aci*es he signs a Warrant for; when 
nothing like it is expressed or intended by the Kings Instructions and 
this he requires in Silver or Gold, the scarcity of which is so very great 
in this Province that many j)eople are forced to procure it (with much 
trouble too) at double and treble the real value in currency; while others 
are not able to procure it at all. Thus what his Majesty is graciously 
pleased freely to give unto the people he extorts and demands a consider- 
ation for, to his own use. The consequences of this Method are very 
prejudicial as well to the Kings revenew as to the subject : To the Kings 
Revenew in that, there are many Plantations of which people were put 
into possession by and pursuant to an order of the Governor and Council 
in the time of the Proprietors (M' Burrington then being their Governour) 
till the Proprietors pleasure should be known as to the granting such 
lands in Fee these }>ersons as they have generally l)een at great expence at 
cultivating improving and occupying such Lands, continue in possession ; 
and as Gold or Silver is by the Governor iasisted on and is not possibly 
to Ik* had they cannot take up their lands on the tenure his Majesty pro- 
poses and gracnously offers, and so the King has already been deprived 
of near two years Rent of such Plantations ; except for some for which as 
the possessors could not possibly procure gold or silver; Warrants have 
been granted to others (and those chiefly the Governors creatures) whereby 



o 
o 



64 COLONIAL RECX)RD8. 



people have been tlirown out of such possessions and in a manner ruined, 
Such is the case of one William Grey at Cii\ye Fair, who after he had been 
at the Expence of above two hundred pounds currency for such a possession 
had it taken from him by Coll : Robert Halton one of the Council and 
Provost Marshall of the Province by the Governors appointment, Such 
too are the cases of John Smith and William Bartram, who after being 
at a considerable Expence have had their lands taken by the said Halt4)n ; 
many more Tracts the said Halton hath and yet he has not six souls in 
his family for whom he c^an claim an allowance of land pursuant to 
the Kings Instructions. In the same case are several Inhabitants of 
New River who lands have l)cen taken up by one John Williams, who, 
tho having very few in his family had granted him by the Governor 
(what he calls) rights to lands as at his Rate of selling i^me (it is said) 
or amounted to more than twenty cows and calves delivereil on the Gov- 
ernors Plantation at Cape Fair and accepted in lieu of silver. We can 
give many more Instances of this nature. But these we suppose may 
suffice at present to shew the illegality of his proceeilings in this case, 
which is like to be tlie case of manv more so that we think we may justlv 
say — such a method Ls injurious to the King, prejudicial to the subject 
and detrimental to the settlement of the Province for his thus embaras- 
sing and loading with difficulties (contrar}' to the Kings Instnictions) the 
taking up of lands deters many poor strangers who come in quest of lands 
from settling; it makes many already here talk of removing and discour- 
ages others. from coming who hear of these proceedings. 

^thiy We^sliall now proceed to the 4*** General Head viz* his disrespect 
to and insulting the Kings officers and others. 

In the first general Assembly afl^er his arrival he frequently in Coun- 
cil, or the Upi)er House used menaceing speeches and insulted M' Chief 
Justice Smith particularly on a complaint of contempt offered to M' 
Porter then one of the Council, by one Mackev. The Chief Justice 
Saving the said Mackev might l>e committed for the contempt: The 
Grovernor asked him where he had learnt that law. told him he knew 
nothing of the Law; explained in a contemptuous manner, Saying, a 
pretty Chief Justice ! i-ejKsiting the words several times ; Iwide him give 
an Instance of any (me ci^mmitted for such c<mtempt several Instances 
were* given of commitments of contempts to persons of a lA)wer House 
of Assembly, a fortiori of an upj)er house : M' Smith much agitated and 
disturbeil with such treatment rose from his Chair and was about to 
withdraw fn>m Council the Governor obliged him to sit down again, 
again used reviling language and sc^offed at him. During the same ses- 



COLONIAL RECORDS. 365 



sions he very grossly abused several Members of the Ix)wer House of 
Assembly. He would (with an intent to make differences it was thought) 
sometimes affirm that one Member had informed him of such and such 
a matter, or of such and suc^h words spoken by another member ; the 
member by him alledged to have made the information (and there hap- 
l^ned to be no Witnesses) would deny and then the Governour would 
publickly rail him Rogue, Rascall and villain, this was the case of one 
M' James Castlelaw to whom it is notorious he bears implacable malice. 
The Attorney General is the Subject of his repeate<] Scoffs and jests: he 
is fretpiently l)estowing on him and that publickly Nick-names and 
t(Tms of reproach : He forewarns people from keeping him company, 
and lct,s them know, if they are seen in it, they will incurr his displeas- 
ure; nay he will ojxinly call to persons in the Street, in company with 
M' Montgomery and tell them they are in badd company, and letts them 
know, if they are seen in it, they will incurr his displeasure nay so great 
is his hatred to him, that he never consults him in the Business of the 
Crown, no not even when he is the proper Officer to be consulted, but 
M' Little (in his representation before mentioned) a person notoriously 
disaffecte<l to the illustrious House of Hanover) is in all such cases 
applyed to and by that means executes a large share of the Office of 
Attorney General, and enjoys the greatest part of the perquisites. 

To M' Harnet one of the Council (after having Signed a paper 
together with M' Ashe in answer to one of the Governors put to them 
by the way of query) he writes a letter to let him know that he was no 
longer his friend but had conceived a resentment against him equal to 
the b&seness and ingratitude (such are his expressions) of him and his 
conceited scribler. He, and M' Harnets own House called him Fool, 
Bl(x;khead, Puppy, Ashes, Tool, and this without any provocation or 
any thing then Said by M' Harnet. We could give you Instances of 
many most abusive and scurrilous letters written to Several gentlemen 
of the Province without any provocation but we shall not trouble your 
Grace with such Trifles but proceeil to the 5"* and last General head vizt : 

gthiy jjjj^ illegal and arbitrary Actions relating to the extorting moneys 
from the Kings subjects. 

Ry the ancient laws of this Province, there was a fee of twenty two 
shilling and sixpence in silver money or 180 weight of Pork piTyable to 
to the Governour by every foreign Deckt vcssell trading to this Province; 
on the revisal of the I^aws in 1718 the same fee was again established, 
some of the Governours little Hoarding that Establishment (and fresh 
Pork or Silver not always to l)e ha«l) took of the Masters of Vessells a 



366 COLONIAL RECORDS. 



Barrel of Porke which was at least one third more in value. Thns was 
very justly thought to be a hardship put on the Traders wherefore in the 
year 1723 a Law was made Entituled an Act for the ascertaining Naval 
Officers and Collectors fees; whereby the fees for such vessells were 
established at about three pounds six shillings, as by the several Articles 
in that Act mentioned will appear; and those fees were expressly declared 
by that Law to be payable in the paper currency of this Province, that 
sum of three pounds six shillings being, as near as (X)uld be estimated, 
the value of the Porke or silver article, and those fees so ascertained 
were from that time c*onstantly j>aid in paper currency, no other being 
demandeil untill the arrival of the present Governour whose avaritious 
tamper not being content therewith he causes his private Secretary (who 
acts as Naval Offic»er for him) to take the sum of thirteen pounds fifteen 
shillings in paper currency pretending it his Majesties commands or 
directions that all Officers fees shall be paid in silver money, tho the 
contrary is very apparent from his Majestys Instructions to him. This 
sum of thirteen pounds fifteen shillings is taken altho the Act aforesaid 
is unrepealed ; and were that I^aw repealed we conceive no more ought 
to be taken than the value of twenty two shillings and sixpence the for- 
mer silver fee, whereas now (as we have sliewn) about four times the value 
is taken. The badness of the Inletts is discouraging enough to the mer- 
chants trading hither; but the encrease of fees that are now taken (only 
since tliis Governors arrival) upon such small vessells as generally come 
hither more than used to be, or than the Laws allow l)eing about eight 
shillings ^ Tonn on the vessells trading to this Province is so very 
extravagant that divers Merchants of New England and other places 
have foreborn trading hither. What makes it highly necessary for us 
(who are actually in his Majesties service) to represent this to your Grace 
is not only the great injury done tliereby to Merchants and the People of 
this Province but the abase offered his Majesty, whose name and authority 
he uses to counternance such his unlawfull doings. 

Another Instance of his Extortion is the case of a poor old Man, one 
Lewis Johns, who before M' Burrington's departure last out of this 
Province had for a Bill of Exchange sold him twenty ix)ws and calves 
to be delivered in the fall and the cows to be big with calf again. The 
Man aftfer M' Burrington was gone IxMug given to understand the Bill 
would l)e protested for that reason before forbore delivering the cows 
and calves till the spring was twelve months after, then (the Bill being 
paid) instead of twenty he brought and delivered to M' Burringtons 
overseer thirty (»ws & calves: by which (in the opinion of all indiffer- 



CX)LONIAI. RECORDS. 367 



ent i)eople) he made ample amends for his former default: sometime after 
this during M' Sir Richard Everard's Government this I^ewis John's 
lx?ing aasaiilted by a drunken man with a naked knife in his hand, Lewis 
John's unfortunately struck the man after which stn)ke, in a little time 
he dyetl tho it was the opinion of most people present that his death was 
not occasioned by the stroke there being no mark or sign of hurt, and 
the man very sickly of a weak constitution and on opening of his lx>dy 
by a doctor found to be much disordered and decayed in his liver and 
other internal partt^. However I^ewis John's imediately surrendered 
himself to Justice and in order to his Tryal he was conveyed in from 
Cape Fair to E<lent^)n to the General Court and so were the Evidences 
The Grand Jury found the Bill Ignoramous and he was discharged: 
Since Governour Burringtim's arrival he went to this |K)or mans house 
demanded of him forty or fifty cows and calves more : the man denyed 
paying him any more alledging he had made ample satisfaction, where- 
ujK)n the Governour called him old Rogue, Rascall, Villain and many 
other hard names, threatened to mine him, told him he would have 
him tryed by a Jury of honest men, alluding to his formal Tryal con- 
cerning the death of the Man; and at last by his threats (an attendant 
and creature of his at the same time coaxing and persuading) he extorted 
fmm the poor man his bill obligatory for the payment of twelve cows 
and (jalves more and then he no longer insisted to bring him to tryal. 

The Governour hail formerly a fee of ten shillings in silver for mar- 
riage Licences, but such Governors exacting largely of persons seeking 
Licences (as silver was not to be had) that fee was established by Act of 
Assembly at twenty shillings in Bills : For which the Governor extorts five 
|)ouud8 and such is his practice of disposing of such Licences that their 
end vizt: (the preventing of clandestine marriages) is entirely defeated, 
for w^ithout consultii^ who takes them or directing any security to be 
taken on delivering them out he makes Merchandizes of them, exposing 
them to sale to any purchasor at Ordinarys ale houses or Public;k Taverns, 
employing people keeping such houses as his Brokers to dispose of them 
through the Province; by which means any young persons may and many 
actually are married without and even contrary to the consent of their 
Parents or Guardians. 

These of many more instances of the like nature which we could give, 
we have presumed to lay before your Grace that you may judge how con- 
sistent his Actions are with justice his duty to the King, r^ard to his 
Majesty's Interest, and the Liberty and Privileges of British subjects. 
We again most humbly intreat your Grace so to represent this Matters to 



368 COLONIAL RECX)RDS. 



our most gracious sovereign as you shall judge meet: for from his con- 
sumate justice and clemency (tho your Graces intercession) his poor dis- 
tressed subjects of this Province ho|)e and pray for relief 
We are with the greatest respect & submission 
May it please your Grace 

Your Grace's most Faithfull and 
mast obedient humble servants. 

NATHANIEL RICE. 
BAPTISTA ASHE. 

JOHN MONTGOMERY. 

North Carolina the 16"» of Sep' 1732. 



[B. P. R. O. Am: A W. Ind: No. 592.] 



LORD DELAWAR. OCTOBER 16"» 1732. 

My Lord, 

M' Cole whose head of hair your Grace is perfec^tly acquainted with 
is the occasion of my troubling you with this. He has been informed 
that Captain Burrington Governor of North Carolina is to be recalled 
and is very desirous that your Grace would be so kind as to recommend 
him to l)e his successor. Indeed my Lord it would be an Act of great 
good nature and charity, and I doubt not but he will behave himself 
entirely to your Graces Satisfaction, if my recommendation has any 
weight with your Grace I shall esteem myself happy and own my obli- 
gation ; there being nobody with greater truth and respect, My Lord 

Your Graces 
most humble 

and most obedient servant 

DELAWAR. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 41.] 



LETTER FROM CAPTAIN BURRINGTON TO THE 

SECRETARY. 

N* Carolina the 2* of Nov' 1 732. 
Sir, 

I received two letters from you by the way of South Carolina last week, 
one dated the 16*** of June the other the 21'* That of the 16*** is a Dupli- 



COLONIAL RE(X)RDS. 369 



catc of one you formerly sent me by Capt. Beekman dated the 10*** of June 
17;n. \v*** I answered in last Mav 10*** The addition that for the future 
I must send to the Board of Trade yearly accounts of the I^aws made 
Manufactures set up and Trade carryed on here which may in any man- 
ner atfect the Trade, Navigation & Manufactures of Great Britain I 
will assuredly perform this. 

I can at present only add to what I wrote in my Report on 25*** and 
115*** Instnictions, that abundance of Saw Mills are erecting here by 
which the Builders propose to carry on a Trade in boards and other 
saw'd Timber. 

The Trade of this Country increases pretty /ast and the Province 
flourishes, but I attend the orders of the Lords of Trade before I go 
about makeing or altering Laws, of which much is said in my Report, 
long letter of the 20*** of February and Representation. 

I gave their I^ordships an account in the Representation that I had 
settled the Indian affairs to the satisfaction of all Partys and they con- 
tinue in the same manner tho' there hap[>ens small acts of Hostility now 
and then in hunting on the upper parts of Cape Fear River between 
our Indians and the Cataubes of South Carolina, which we look upon 
to be for our advantage, thinking Indians love and will be doing a little 
mist^hief, therefore had rather they should act it upon their own tawny 
race then the English, in my opinion our affairs are in as good condition 
as c^n l)e desired in res|)ect to the Indians in this and the neighbouring 
Governments. 

I have been intollerably plagued with settling the Militia and altho' 
I was last year and this in every Precinct in the whole Government the 
work is not compleated, the death of two Colonels and my own terrible 
sickness were the hinderance but I shall soon sett out to finish the 
remaining part when returned shall send their Lordships the State and 
Condition of this Province, to them I desire you will give my humble 
Duty, it is in their Power to make this Country one of the best Colonys 
in North America 

I am 
Sir, 

Your most obedient 
humble servant 

GEO. BURRINGTON 



47 



370 COLONIAL RECXJRDS. 



[B. P. R. O. North Carolina. B. T. Vol. 9. A. 42.] 



LETTER FROM CAPTAIN BURRINGTON GOVERNOR OF 
NORTH CAROLINA. IV^ NOVEMBER 1732. 

May it please your Lordships, 

I am honoured with a letter signed by seven of your Lordships dated 
the 20*** of June last by which I have the great satisfaction to under- 
stand I may in a short time expec't His Majesty's Commands in such 
matters as relate to His service in this Province, or wellfare of the same ; 
those commands I impatiently wait for and shall obey with duty and 
reverence when received. 

The extraordinary vile and unpresidented Behaviour of William Smith 
late Chief Justice, & some other Officers in this Government made it 
necessary for me to write to your Lordships some Paragraphs relateing 
to myself and them, which I wish there had been no occasion for, that 
they are couch'd (to use your Ijordships words) in a very extraordinary 
stile I am at a loss to know what may be your Lordship's meaning Couch- 
ing being not customary to me, but the few lines that require an immedi- 
ate and distinct explanation, shall pursuant to your Lordships expectation 
be immediately and distinctly explained. The words as marked by a 
Black line in your I^orships letter are these following; by which failure 
of his, Baby Smith will l)e quite lost having nothing but a few lies to 
support his Cause, unless he can obtain an Instructor from a Gentleman 
in Hanover Square. These words upon due consideration I am sensible 
do require an explanation that your Lonlships may know what is the 
real' meaning of them, so proceed to inform your Ijordships that the 
aforesaid William Smith was a verv idle drunken vouns; man that he 
would frecjuently weep over his (*ups and was horribly given to fibbing 
& boasting of his Family and Interest among the good People of North 
Carolina but to his greiit misfortune there came two men out of the north 
that knew Smith his Father and Mother the accounts these men gave 
of him and his Family was that his Father had Ikkmi a smugling 
Trader but broke & had a statute of bankruptcy taken out by his cred- 
itors against him and that he had also been a)ncerned in carrying on sev- 
eral trayterous correspondencys against the late King, and that Smiths 
Mother was a very mean poor family, both these Northern men that 
knew Smith's Family so well were pleased to say he (Smith) was a Baby 
and ought to be sent home and whipt att school for talking in a manner 



COLONIAL RECORDS. 371 



so false and foolish & ever sence that time he has had the name of Baby 
added to Smith when People have mentioned him in conversation 

I now pro<xied to Ashe the other Person mentioned in the words now 
explaining When I first came into this Country to govern the same for 
the late Lords Proprietors Mr John Baptista Ashe was poor clerke to a 
very inconsiderable Precinct court, but being informed what family he 
was off, and haveing been acquainted with several Gentlemen of that 
name, I gave him a good Place for this Country, caused him to be chosen 
Speaker of the Assembly and promoted his interests upon all occasioiLS 
that offer'd, when I returned to England I left the management of my 
Affairs in this Country to him, which he so managed that instead of 
improvements I found my Estate and chattells a thousand pound ster- 
ling worse then w4ien committed to liis care. And M' Ashe from poor 
became rich, however I was mast extreamly civil and obligeing to M' 
Ashe till he endeavoured to fix a vile scandal upon me in an affair be- 
tween Tate and Harnett in last January which Transaction is in the 
Council Journals ; M' Ashe by himself and Partisans used many induce- 
ments to inveigle the men of North Carolina to advance money far de- 
fraying the charges of a voyage he designed to take for England and ex- 
pences during the time he should solicit his own business and that of 
North Carolina under the denomination of Agent which he designed to 
(x>nfer upon himself and honour Baby Smith with the same Title, but all 
his endeavours and designs were frustrated by the stupidity of these Peo- 
ple, who were not to be persuaded to part with their money, this un- 
expected denyal was the reason Ashe did not keep his word in going 
to England to assist Baby Smith, or Chief Justice Smith in the wicked 
design he rashly and ungratefully undertook to ruin me that had been 
his friend and Benefactor; Ashe failing to raise money for the concerted 
usage remained here, but I am well informed did assist in composeing a 
sett of horrid crimes calculated to make me otlious which were incerted 
in a Petition delivered by Smith to the Kings most Excellent Majesty I 
hojx? your Lonlships have seen those complaints and my answer if not 
be pleased to send for them to M' Delafay. 

I have had several eontroversys in writing with the said Ashe the last 
not l)eing gone home I send by this conveyance to Coll : Bladen (altho' 
his name is not subscril)ed to the letter I am now answering) a Gentle- 
man all men that have the honour to know will allow to be an excellent 
judge of such compasitions. 

I thought Smith would be at a great loss how to proceed in his pro- 
jected <lesigns against me Upon M' Ashe\s breach of promise in not repair- 
ing to London, therefore judged he would want an Instructor, and for 



372 COLONIAL RECORDS, 



Hanover Square I might very well tliiiik that a fitt place of Instruction, 
it was there I used to wait upon two Gentlemen for advise and assistance 
in my own affairs, The right honourable M' Edgcombe allways gen- 
erouse, wise and benificent is one of the persons I mean and the other 
Doctor Sayer dead to my great misfortune whose good sence and humanity 
was known and experienced by many his friendship to me will appear 
by many letters I still retain Other Gentlemen of great parts live in 
Hanover Square, But to he very plain I liad strong intimations that M' 
Smith would make appliaition to a certain Gentleman liveing there, the 
reasons I Ivm\ to l)elieve it as l)ecame a man of honour I wrote to the 
Gentleman himself and others and have had assurances from mv friends 
that I need not in the least doubt his friendship, or think my Enemys 
could find any countenance from him which I have since acknowleilged 
with great pleasure to myself and I hope entirely to his satisfaction. 

My Lords I know my conduct to be blameless and my Enemys vile 
and implacable in their designs to blast my honour and reputation, and if 
I know any person in Hanover Sc^uare or elsewhere should espouse them, 
I shall not lx» afraid to call him to an account but when I am assured to 
the contrary no j)erson can more openly acknowledge his mistake. 

I hojie your Loitlships will receive this as a very sincere and satisfac- 
tory answer and will please to be assured that no Person (!an have a greater 
respect for your Ijordsliips and every Member of your Board which I 
shall on all occasions demonstrate and doubt not of your esteem & favour- 
able rec»eption of everything I lay before You, and hope my Representa- 
tion of the state of this Country and the ac»count of things here formerly 
presented to your Ijordshijis have had your approbation 

I have now the honour to transmit your Lordships Drafts of Beaufort 
and Ocacock Harbours in this Province that of Cape Fear River sent 
some time past I hoi)e you like. 

Next month I design to send your Lordships a further state of the 
Colony and the Council Journals to that time which I hope will give 
much satisfaction. 

I had agreed to give ten Guineas for a Map of the Country which was 
drawn for me but is sent as I am told a present to Coll : Bladen which is 
l)etter then if I had pay'd for it lieing at this time very Poor 

I am 

With due res|K»(!t 
Your Ijoixlships 
Most humble 
and most oliedient servant 

GEO. BURRINGTON. 



COLONIAL RECORDS. 373 



[B. P. R. O. Am: A W. Ind: No. 592.] 



MEMORIAL OF GOV BURRINGTON 15 NOV. 1732. 

To His Grace the Duke of New Castle Principal Secretary of State. 
The Memorial of George Biirrington Governor of North Carolina. 

Herein humbly begs to lay l)efore your Grace, the great injuries done 
him by William Smith Esq" late Chief Justice of this Province and his 
Confederates, who nefariously inverted several matters very false and 
sc^andalous against him with design to mine and destroy his reputation 
and procure his Dismission from the post in which he has the Honour to 
serve his Maje?rt;y That to com pleat their intende<l wicked projection the 
said Smith did deliver a Petition to the King consisting of several Arti- 
cles containing heinous Crimes set forth to l)e committed by your Memo- 
rialist and many Omissions, and great neglects of his duty charged on 
him, an Office Copy of that Petition was brought into this Country in 
the month of May last, your Memorialist having read the same was 
induced in Vindication of his Character to draw up a hasty answer: 
several Gentlemen Voluntarily (in Council) upon their Oaths proved the 
falseness of Smiths accusations which answer and depositions were sent 
to England in the same Month to be laid before your Grace. 

It is not supposed Smith and his Accomplices will attempt to prove 
their assertions, knowing the whole to be only invented, they expected 
those complaints would be credited and my mine compleated by means 
of a great Interest they boasted to have in England : it was industri- 
ously reported throughout this Country, and by many believed I should 
he turned out of my present Imployment when any complaints were 
lodged against me. 

Notwithstanding one year is past since M' Smith obtained an Order of 
Council for examining of Witnesses, in order to prove his all^ations, 
yet nothing has l)een done in the matter on his side, for that reason 
your Grace is humbly prayed to prefix a time for him to make out and 
prove the Charge, or on failure thereof he may suffer according to his 
demerits. 

May it please your Grace 

With truth I aver it was oweing to the faults of some men that had 
the Kings Commissions, the Assembly I held in this Country would do 
no business, many of the then Members have since owned it and expressed 



;574 CX)LONlAL RECX3RDS. 



their concern for suffering themselves to Ik? misled I was unliappyly 
deserte<l by tlie Persons His Majesty appointed to assist in the adminis- 
tration, liad an un(K>nimon task to perform in this Government, which 
from the beginning continued loose and disorderly under tlie taint rule 
of the Ia>tx\s Proprietors, and came to nothing under Sir Richard Everanl 
their last Governor, who was sunk to so low a degree as to be c»ontempt- 
ible and the Government with him. 

Quit Rents Publick Levis and OflBcers Fens were paid in Province 
Bills at Par: they are of so little Value that to be paid in such manner 
Men in OfBcies could not live by their places for which reason pursuant 
to His Majesties 19*** Instruction thai Fees should be paid in Proclama- 
tion money the Officers received their dues in Bills, four for one, which 
is the Rate they were issued at and to be received in payments, in resj)ect 
to Silver Money except in discharge of Publick Levies and Officers Fees, 
but these Bills are little more than half the Value rate<l at, extraordinary 
endeavours were usetl with the People to persuade them this was a griev- 
oiLs impasition and burthen and is made by Smith a tause of Complaint 
tho himself and some others his Associates in this Clamour always took 
their Fees in Bills at four for one and encouraged the inferior Officers 
to do the Same — for my own part the little inconsiderable perquisites 
accrueing to me as Goveniour I offereil to give up entirely to the Assem- 
bly all this is proved by some depositions in support of my answer to 
Smiths Calumnies. 

The said Smith, M' Rice the Secretary and Montgomery the Attorney 
General have not assisted me as the duty of tlieir places requireil but 
contrary thereunto, invent and foment all things they believe may prove 
prejudicial to the Authority of Government and cause uneasiness to 
myself. 

The Inhabitants have been greatly solicited to to raise money by 6ub- 
sc»ription for M' Ashe one of the Council to go home and manage against 
me but the People would not be drawn into so great a folly declaring 
throughout the whole Province their Satisfaction on my conduct and 
gratitude for the services I had done them, when formerly Governour for 
the Proprietors and since (by your Graces favour) honoured with the 
Kings Commission: I cease enlarging on this Subject, designing in a 
future Pa|)er to trouble your Grace with the exact state of this Province, 
and how much I have promoted the Welfare thereof at my own ex pence 
it is now in a quiet onlerly State and flourishing condition. 



COLONIAL RECORDS. 375 



May it pleask Yorii Grack 

I liave served the crown in every reign since the Abdication of King 
James, & always was allowed to behave as became a Man of Honour, 
and the Family whose name I bear; their Services at the Revolution 
and during the life of King William of glorious memory I hope are 
not vet in Oblivion. 

My Lord DrKK 

When my Proceedings have been considered I make no doubt but 
that your Grace will grant I have acted with Zeal and Difigence for his 
Majesties Service justly and honestly upon all (K»cu^ions in the Adminis- 
tration of this troublesome unprofitable Government Therefore your 
Graeme is most humbly recjuested to give such orders as may efTei*tually 
set in a true light the actions of your Memorialist, and his Accusers 

Bv 

Mv liord Duke 
vour Graces 
most obedient 

and most devoted servant 

GEO: BURRINGTON 
North Carolina the lo*** of Novemlier 1732. 



[B. P. R. (). B. T. North Carolina. Vol. 9. A. 26. 27 and 28 ] 

RICE, MONTGOMERY AND ASHE vs. BURRINGTON. 

To the Right Honourable the Lords Comissioners for Trade & Planta- 
tions. 

The Humble Memorial of Nathaniel Ric»e Sec'^ & John Baptiste Ashe 
Esq" Two of His Majesty's Council and John Montgomery Es<i" 
Attorney Gen* and Deputy Inspector and Com|)troller Gen' of the 
afors** Province. 

May it please W L()RI>shii*s 

VV"e sometime since sent to your Lordships a Memorial, or Remon- 
strance against several illegal and unwarrantable Actions of George Bur- 
rington Esc^", Governor of this Province, which we thought it our duty 
to do, for that we plainly perceived the Governor used many Arts to 



:376 COrX)NIAL RECORDS. 



prevent a true state of the Case of the Province being exhibited to yo' 
Lordships. The same reasons still continueing, and the Governor pro- 
ceeding on to still more extravagant Actions, we beg we may not offend 
your Lordships, in presenting this Additional Memorial; & we hope we 
shall be more readily excused, in that we are now forced to fly to your 
Lordships for Protection, for so great is the wrath and malice, which he 
has conceived against us, for opposing him in what mc thought Arbitrary, 
Illegal & destructive to the King's lntere^^, that he sticks at nothing to 
crush & r\un Us, as well as others who submit not to his violent & arbi- 
trary Acts & Measures. 

P' In our last we observed to yo' Lordships that the then Chief Jus- 
tice and the rest of the Judges of the General Court, had fallen under 
the Governor's high displeasure for acting pursuant to the King's In- 
structions concerning the Habeas Corpus Act, as became them in relation 
to his illegal Commitment of M' Moseley, (tho' they were scarce ever 
l)efore known to oppose his Will :) the Consequence of which has been : 
the Chief Justice has been so threatened that he has resigned, and the 
Assistants without any such Ceremony or indeed so much as a Charge or 
Accusation being exhibited against them, have been Arbitrarily removed ; 
directly contrary to His Majesty's 44'** Instruction to the Gov', which 
expressly forbids the displacing or arbitrary removal of Justices without 
(»use: and this he proceeded to do with only two of the Council, vizt 
M' Lovick & M' Gale (one of which had l^een introduced into the Coun- 
cil contrary to His Majesty's 7^** Instruction, there having been then 
seven in the Governm*,) except the Surveyor General of the Customs, a 
Stranger and just arrived in the Province when a full Council was at 
the same time sumon'd, and did meet Time enough to have appointed a 
Chief Justice & Assistant to have Transacted the Business of the Court : 
But the Gov' revolving in his mind what Desiens he had to execute 
found it necessary to displace them, to make room for Instruments more 
proper for his purpose, as well as to be Examples of his Vengeance on 
Judges not entirely subservient to his will. Accordingly displacing them 
he put others fitter for his Designs in their Places; viz* William Little 
Esq", Ch : Justice Roger Moor, M' Owen Jn° Worley, M'roro, Scar- 
boro', all these (except Rog. Moor, who he was sure would never qualify 
or attend, and M' Owen a very weak <fe ignorant man) of bad (not to 
say infamous) Character. The Chief Justice is a Person against whom 
the whole Province (as it were) has exclaimed for his unjust, illegal and 
Fraudulent Practices. He has been publickly accused by Assemblys of 
this Province of Bribery, Extortion and other great Crimes, of which he 



COLONIAL RE(X)RD8. 377 



has never acquitted himself. He is now under accusations of Fraud and 
Injuries done both to the King & Subject. Many are the Cora pi** of 
Multitudes of People against him for many ill^al Acts and violent 
Oppressions both in his private Capacity, and when he has acted as an 
Officer. It is no wonder that a Person so obnoxious to Justice in hopes 
of being sheltered by the Gov* therefrom (as indeed he is) should l)eoome 
entirely subservient to him, and obedient to his Dictates and Comands. 

Of a Court consisting of Persons so entirely devoted to him, most 
People dread the Consequences ; and the next Article (which is M' Ashe's 
Case) will be an instance how much reason they have so to do, 

2"*^ The (Jovernor when he was last at Cape Fair, it being about the 
middle of Sept' last, sent his servants, & with a violent hand took up 
and drove away two Mares of M' Ashe's, branding them with his own 
Brand. M' Ashe coming into Court the last of October (there being a 
great Concourse of People at the Court) declined moving in the Aflfair, 
till the last of the Court, when the Multitude were gone, that it might 
plainly appear he had not the least design to irritate the People; and 
then in the Council Chamber before the breaking up of the Council 
(none but the Governor and Council lieing present) he in the humblest 
manner addressed himself to the Gov' telling him that he was well in- 
formed his Ex(«ll^'' Servants had by his Orders taken up two of his 
Mares and branded them ; that he thought it advisable to apply himself 
to his Excell^ on the Occasion, and to pray him to restore them : The 
Gov' flew into a violent passion, and using much scurrilous & reproach- 
ful I^anguage to the s* Ashe, came up with his face close to M' Ashe's 
& shaking his head at him in a jeering taunting tone & manner called 
him (repeating the words often) pretty fellow, very pretty fellow ! threat- 
ening at the same time to take some of his Negro Slaves. M' Ashe 
mildly answered he was Gov' and might say what he pleased, that 
he would not be provoked to return his ill Language; but that he 
hoped his Excell' would not be olTended (since he had refused to restore 
the Mares) if he sought his right by a Course of Law. The Gov- 
ernor answered No he might go to I^aw & welcome: Whereupon M' 
Ashe the next day filed an Information in the General Court on an Act 
of Assembly of this Province giving Relief in such cases; and this 
methodly Information he the rather chose, liecause it would not touch or 
effect the Governor's Person, the original leading Process here otherwise 
being generally by Capias. Some time aft«r this (M' Ashe being absent) 
the Governor came into Court and calling for the Information read it 
& used much reproachful I^anguage to M' Ash's Council. The next 
48 



378 COLONIAL RECX)RDS. 



day M' Ashe appeared again and the matter was debated in Court ; 
Whereupon the Court gave it as their opinion that such suits could not 
be brought against a Gov' in the Plantation but must be brought at home 
in England, agreable (as they alledged) to the Statute of XI and XII 
W. III. Cap. XII. for such was the Exposition of that statute. We 
think we may be allowed to assert that this Judgment is most prejx)ster- 
ous and extravagant, when we shall have shown how great absurdities 
attend it. It is plain that law was designed for relief of the Inhabitants 
of the Plantations against Govern" comitting great Crimes & Offences, 
giving Power to try Causes in England which before with respect to 
locality or other Circumstances (it might be disputable) were not cog- 
nizable in the Courts there; or where it might be thought that a Gov' 
in Consideration of the Great Power wherewith he was invested, should 
deter or prevent People from seeking their Right. But does it from 
thence follow that Govern" are exempt from answering for Torts or 
Injuries done in the Plantations, anywhere but in England. Surely the 
Lawgivers by that Statute never designed to screen Gov'' from Persecu- 
tions, or to prevent suits for small Trespasses where the i>arty injured 
would venture to try his cause in the Plantations : To say so were to say 
Gov'' were to answer in England for great oppressions, but that if they 
would confine themselves to smaller trespasses or Injuries that Statute 
was a Dispensation for them ; & as in this Case of M' Ashe, the damages 
he sues for are not above £15 sterl : it is not worth his while to sue in 
England to recover them, where he would be i>erhaps at the Expence 
of £200 sterl : before he could recover : he had l)etter sit down with the 
first Lass ; and so the Gov' may go on to take by violence a horse from 
one, a cow fnmi another, and as he shall think proper, whatever other 
small matters or things he wants from others; and this Statute instead of 
relieving the People would be a bar to it, and support such Governor in 
his oppressions should he proceed (being warranted by such a judgement) 
to lay the whole Country under (as it were) a Contribution. 

The obtaining such a Judgm* in his favour one would have thought 
might have contented the Governor for that time, but matters were so con- 
certed between him and his Justices that imediately on M' Ashe's coming 
out of Court, he was apprehended by a Warrant (ready prepared) from 
Judge Owen, for publishing a scurrilous Libel, such was his information 
stiled ; (tho' all manner of Scurrility or even Termes Aggravating the 
Offence, were carefully avoided therein) and was carryed before the Gov' 
and Judge Owen (tho' M' Ashe desired to be carryed before the Chief 
Justice who better understood the Law, but was denyed ;) the Gov' 
directing the Judge to demand of him One Thousand Pound sterl : Bail 



(X)LONIAL RECORDS. 379 



for himself, and five hundred each of his securities, to appear at March 
Court tlien next following, to Answer. The Judge took the words from 
. the Governor's mouth, and repeating them, demanded the same Bail, 
without ever examining into the Cause of Comitm*: M' Ashe refused to 
comply with so unreasouable a Demand ; whereupon he was orderwl 
away, and imediately carryed to the Comon stinking Goal, and thrust in 
among the comon Criminals, by virtue of a Mittimus (i-eady prepared 
t(K),) from the s"* Judge Owen, there to continue till he complyed with 
that Demand, it being a Condition in the Precept and what rendered it 
illegal, M' Ashe |>etitioned the Chief Justice for a Habeas Corpus, and 
after lying sometime in Prison, (viz* about four hours, during which 
time the Chief Justice had been with the Governor) he was brought 
before the Chief Justice, who refuseil to examine into the Ic^lity of the 
Cause of Comitment, (altho' the King by his Instructions, and the Ha- 
beas Corpus Act itself directtnl it;) for he well knew no person was pun- 
ishable for seeking a Remedy by I^aw for any Injury he <»nceiveil done 
him; and indeeil there is great reason to believe that it was purposely 
contrived, that M' Owen should do this drudgery (which could not well 
have l)een done by one that knew better) with a view of engaging Com' 
Walker (whose nephew M' Owen is) to use his Interest for his Nephew's 
sake to support so illegal and arbitrary an Act M' Little therefore denyed 
enquiring into the Cause of Comitm* alledging it was already done by One 
of the Judges and only mitigated the Bail, taking the one half of what 
was before demanded. As it is plain (having Justice so devoted to him) 
he design's M' Ashe's ruin, and as it is very notorious that M' Ashe has 
incurr'd all this his hatred and Malice, for only op}K>sing him in his 
many illegal Acts; More especially in his Breach and Contempt of the 
King^s Instructions relating to his Arbitrary and undue disposal of the 
King's Lands; he begs leave to throw himself under yo' Lordships 
protection; desiring nevertheless no favour if it shall appear upon a due 
and impartial Examination, that he has acted otherwise than as he was, 
(Ixjing one of his Majesty's Council,) in duty bound ; or than according 
to I>aw ; or than as bet^ame an honest man. And what necessitates him 
in this manner to hqj^ yo" Lordships prote<.»tion is, that the Governor, 
(notwithstanding the Judgm' of Court refers him to Great Britain for 
relief) has taken an Effectual method by holding him so long a time (& 
no doubt it will 1k' continued, if thought ne(.^»ssary,) under such Bail to 
prevent his prosecuting that Affair, as well as appearing as an Agent for 
the Country, most of the principal Inhabitants (for want of an Assem- 
bly,) having desired and Impowered him so to do, and to Represent their 
Grievances. 



380 COLONIAL RECORDS. 



The Gov' having Exhibited a Charge in Council, against M' Mont- 
gomery Attorney Gen" of this Province, he was comanded to answer by 
the 31st day of October last; in obedience thereto he filed his answer 
upon the day api)ointed. The Council thereupon proceeded to a hearing 
of that Affair; and the charge and answer thereto being read, a witness 
was examined, and an Affidavit read in support of the cliarge; and the 
next day appointed for M' Montgomery to produce his witnesses, and for 
reading several Depositions, (sworn before the Governor,) in his Defence. 
But his Excell^ perceiving his innocence upon every Article would 
plainly appear, and that the Council, (tho' that the Majority were his 
creatures,) would not be prevailed upon to do so manifest an Act of In- 
jiLstice, as to suspend him; he drop'd the Prosecution and abruptly broke 
up the Council, by which means tlie Attorney Gen" had no opportunity 
of having his witnesses examined, or Proofs read in Council. And his 
Excell' being resolved to make use of every method, he thinks may either 
ruin or injure M' Montgomery, has caused the Charge with the Deposi- 
tions taken against him to be inserted in the Council Journal to be sent 
home, (without inserting the Answer thereto,) in hopes that a Charge 
being seen therein by His Majesties Ministers, and no Answer thereto, 
they would believe he hatl submitted, or could make no Defence to the 
Charge. 

We are sorry to say this is his Method of proceeding in almost every 
Case that comes before the Council ; & so far is he from being ashamed 
of such Practices, that he values himself upon them, as instances of his 
great abilities in Politicks, and the Arts of Govemm* 

^thiy 'pj^g Govern' has, (on pretext of some former old Precedents in 
this Province, of the Governor & Council appointing Precincts, where 
no Precincts before were, (the l^ality of which, more especially of late 
years, has been by the Assemblys deny'd;) proceeded with the advice 
& consent of such of the Council as are of his own Appointment, & 
never oppose his schemes, be they ever so absurd, to divide old Precincts 
estaV>lished by Law, & to enact new Ones in Places, whereby his Arts he 
has endeavoured to prepossess People in a future election acciording to 
his desire, his Designs herein being (as we verily Ixjlieve) either to 
endeavour by his means to get a Majority of his creatures in the Lower 
House, to support him in his arbitrary measures; or if he should fail 
therein, (as it is more than prol>able he will) that this should be a stumb- 
ling Block, to prevent the Assembly's proceeding to busyness he being 
well assured from what has passed in former Assemblies, that the Assem- 
bly would object against such an invasion of their Priviledges, in so 
momentous a point as that of their Constitution, the first thing they 



COLONIAL RECORDS. 381 



should do after their meeting ; and so perhaps break up without pro- 
ceeding so far as to move in Matters which (it is to be thought) he is wil- 
ling should not be heard of or represented elsewhere. For we are well 
assured that he has ernestly promoted such Petitions, (even forming and 
writing some of them himself,) where there was no Necessity for such 
Precincts on the contrary some have not above thirty families inhabit- 
ing them, and can s(»rc« make out a sufficient number of People for Jus- 
ti(«s and Jury. These Considerations moved M' Rice & M" Ashe to 
off'er in Council Objections and Reasons against this Method, which (as 
we have much reason to suspect,) he will not suffer to be entered in the 
C-ouncil Journal, to be transmitted to your I^)rdshij)s ; We l)eg leave 
(having enclosed a Copy thereof,) to offer the same to your Jjonlships 
Consideration. 

fjthiy jj^ takes occasion at Publick Meetings of People, as at Courts, 
or the like, before great Audiences, of reflecting on, abusing, reviling, x 
detracting and defaming Gentlemen without any regard to Truth; some- 
times when they are present, at others when they arc absent and cannot 
speak in their own Vindication, on purpose to injure them in the opinion 
of the People. Such is the Case of M' Moseley, M' Ashe, M' Mont- 
gomery, M' Swan etc. Tho' this Matter otherwise than as it is incon- 
sistant with good-manners, ill becoming the Governor of a Province, and 
very ungrateful and provoking to the Parties, is scarce worth the Rep- 
resenting. For we assure your Lordships he is now so notoriously known 
to have no respect to Truth, that no man suffers in his character from 
any defamatory Report of his, let it relate either to Gentlemen in Great 
Britain, or in tliis Province. 

6"*'^ Sincje our last Remonstrance to your Lordships, notwithstanding 
our frequent Applications to him, and objections against his arbitrary 
Disposal of the Kings I^nds, he has solely proceeded to issue many 
hundred Warrants in undue Proportions, taking to himself two and 
sixpence in silver or gold Virginia Currency, for every 50 Acres. And 
this last Gen" Court tho' the Council unanimously gave it as their opin- 
ion that Warrants ought to l>e issued pursuant to his Ma*^* Instructions, 
& not otherwise; yet he declared his Resolution notwithstanding to pur- 
sue his usual Meth(Hl which he j)erceiving M' Rn^e and M' Ashe designed 
to protest against, abruptly broke up the Council, not meeting them 
afterwartls during that Court or Term; so that they were obliged to file 
the enclosed Protest by way of Caveat in the Secretary's office, to prevent 
(if possible) any more warrants issuing in such an arbitrary manner, and 
so the Consequences which would attend or ensue on such a Practice; 
viz* either the defeating the King's Intent of seating the uninhabited 



382 COLONIAL RECORDS. 



parts of this Province, or very great injuries to the Purchasers of such 
warrants, if His Majesty should not approve of them. 

This so highly provoked him that it is believed to he one of the Prin- 
cipal motives of his violent PnxtHxlings against M" Ashe, purposing it is 
to be feared, (if passible) t^) crush and ruin him, bc*fore he (an Ixj relieved 
by, or shelter himself under yo' Ld^* (and by yo" Ixl** means His Afa^*") 
Protection : As also of his grossly abusing M' Riw, he having used to 
him very scurrilous I^anguage. X Copy of the afor** Pn)test & Caveat, 
we send herewith Uy your Ld^*, w** he would not rec(»ive when oifered to 
1x5 given him by the Dep: Sec^, who informed him of the (x>ntents but he 
pro(«eds still to issue warrants in the same manner to the Pun*hasers, let 
the quality be ever so large, or disproportionate to the Rule prt^crilKnl by 
His Ma*^ He uses many Wiles & Artifices to asperse Gentlemen & to 
blacken their Characters, at the same time endeavouring to impose by his 
Misrepresentations on tlie Ministry, particularly by exhibiting chargt»s 
ag* them in the Council Journal, & when they answer, stifling their 
answers, or making answers for them, as best suits his purposes; as will 
be apparent from some inclased Answer's of M' Montgomery, Col. Mose- 
ley, & Col: Moore; which are true & genuine answers by them made, 
tho' by him either wholly suppressed or altered ; which will be evident 
by comparing them with the Council Journals, a very vile & wicked 
Practice. We give those Instances which now occur, as a specimen, out 
of many of the same Nature which (but that it would be too tedious) 
might be added. Now we have great r(X)m to believe (Nay in some cases 
we are assured) that he has used us in the same manner, and has en- 
deavoured to blacken our Charac^tcrs to the utmost of his Powxt. We 
therefore (afler having assured yo' Ld^ that we have acted in our several 
stations as we w^ere bound by the Ties of Duty to our Sovereign Lord 
the King, & the dictates of honour & conscience, l)cg your Ijordships 
before you shall give ear to any false suggestions of his to our discredit 
or Prejudice, that we may be informed of them; so as to have an oppor- 
tunity of vindicating ourselves from such as|)ersions; And we doubt not 
but your Lordships will pronounce us quite other men, than (it is highly 
probable) he has represented us to be. 

We are with the most profound respirct, 

May it please Your Lonlships, 

Your Lordshi{)s most obedient 

humble servants. 

NATH: RICE. 

JN^ BAPT: ASHE. 

JOHN MONTGOMERY. 
November the IT^ 1732. 



COTX>NIAL RECORDS. 383 



To His Excellency the Govern' in Council 

Nathaniel Rice and John Bapt* Ashe Esq" Two of His Majesty's 
Council humbly shew 

That His Ex"^ the Governor hath issued out and given a very great 
Number of Warrants for Lands to sundry Persons, in undue and large 
Quantities, not observing the Rule of Proportion prescribed by His 
Majestys, of granting Lands by and with the Advice and Consent of 
the Council, viz* of fifty Acres only for every Person in the Grantee's 
Family, For all w'** Lands mentioned in those Warrants the Govern' 
hath taken for every fifty Acres the Sum of two shill' and six Pence 
Virginia Currency in Silver or Gold : Wherefore We think Our Selves 
obliged, out of a due Sense of our Duty to his Most sacred Majesty to 
object against the same; And We do hereby humbly pray his Excel- 
lency that he would be pleased strictly to pursue his Majesty's Instruc- 
tions to him in that behalf given ; And that no Warrants may issue but 
to such Persons & in such Proportions as shall be agreeable to His Maj- 
estys said Instructions 

We conceive Ourselves the more under a Necessity of thus humbly 
remonstrating this Matter to Your Ex"^ for that (if this Method should 
be disallowed by the King) it may hereaft/cr very much injure such Peo- 
ple as have paid their Moneys for such Lands ; but more especially for 
that it is not agreeable, but contrary to his Majesty's Instruction to Your 
Ex*' on that behalf which to his Majestys Council has by Yo' Excell' 
been exhibited and shown 

Reasons and Objections made and humbly offer'd in Council by Nath 
Rice and Jn** Bap" Ashe two of His Ma*'" Council to the Govern' & 
Council against the dividing Precincts and erecting New Ones by the 
Gov' & Council alone without the Concurrence and Assent of the 
Assembly. 

!•* As every Precinct is to send a certain Number of Representatives 
to the lower House of Assembly, such a Method may be destructive of 
and subvert the present Constitution of the Legislature; which as it 
consists of an upper & lower House whose Powers and Privileges are 
separate & distinct they ought in such Points to be independent either 
of the other; more especially in so fundamental a one as is this of Repre- 
sentation For it stands to Reason that if a Power of altering the Form 
of Representation either by adding to, or diminishing the Number of 
Representatives, or by causing an unequal Representation be lodged in 
the Persons of whom the upper House consists ; that then the Lower 



384 COIX)NIAL RECORDS. 



House is dejiendont on and owes it's being, at least the form thereof 
(which is in effect the same) to the upper House; by whidi means the 
upper will be solely, (as it were) the whole liegislature. As for instance 
suppose the Gov" and three of the Council on an Emergency to meet 
(We speak this by way of Supposition and for Argura* sake) and thinjc 
it proj)er to divide a Precinct, whose Inhabitants for some particular 
Ends may be at such Governour's & Council Devotion) into ten Pre- 
cincts; will not by this mean a Majority be obtained in the Ix)wer 
House. 

2. It is absurd to suppase that a Power of the part should be greater 
than or indeed equal to that of the whole Now as the Constitution of the 
Legislature must be antecedent to any Act thereof, it cannot be depend- 
ent on any such Act, much less on an Act of part'; as indeed by this 
Method it would, in that the whole I^egislature would owe its Being (at 
least the form thereof w** as We observed before is in effect the same) to 
the upper House ; And this amongst others, We take to be the Reason, 
that the Ijegislature of Great Britain avoid (tho' many are there the In- 
conveniences ensuing from unequal Representation) endeavouring to rem- 
edy them, or touching on so tender and constitutional a Point. 

3. Another Consequence of such a Method extremely absurd will be 
this : An Order of Gov' & Council only will have force to supersede repeal 
and annull a Law: For if by Ijaw a Precinct is limited & circumscribed 
by certain Bounds and by an Order of Gov' and Council those Bounds 
are altered or taken away and new ones prescribed, is not this in effect 
repealing such Law ? 

4. We conceive such Busyness, as it relates to the Constitution of the 
L^islature, most properly to lie before the Governour Council and Repre- 
sentatives of the People in General Assembly; and as it is to lye pre- 
sumed they are the most cx)mpetent Judges when such Precincts shall be 
necessary so it is that they will readily concur in erecting new ones, 
when they shall be so judged to be for the good of the public and Bene- 
fit of a competent number of Inhabitants 

5. We are of opinion that this method of erecting Precincts, is not 
only illegal and may be attended with many evil consequences; but is 
also not warranted by his Majesty's Royal Instructions which forbids 
erecting new Judicatories without His Majestys Licenc«. Now by this 
Method new Judicatories will Ix; erected. But if it were done by an Act 
of Assembly at the Prayer of the Representatives of the People the 
same would regularly come before His Majesty for His Allowance or 
Dissent. 



a^LONIAL RECORDS. 885 



6. We are the more Confirmed in this Onr Opinion of the Illegality 
of doing it without the Consent of the Representatives of the People in 
General Assembly, from the General Practice of the Neighbouring Gov- 
ernments more particularly Virginia where many Precedents appear in 
their printed I^aws of such Busyness being done by their Gov' Coun- 
cil and Assembly And We are apt to believe our Gracious King (for we 
pretend not in the least to deny or even so much as to dispute the 
Royal Prerogative has given as full Powers to the Gt)vern' and Coimcil 
of Virginia as to the Govern' & Council of this Province Nor can We 
think it the pleasure of Our most gracious Sovereign (who on all Occa- 
sions has shown so tender a Regard to us his People that the Constitu- 
tion of the Legislature of the Province should be on a more precarious 
establishm^ than that of others. 



On Argument in the last Council His Excellency the Govern' seem- 
ing to have taken a Resolution to pass Warrants as before he had done 
which Method We humbly objected against in Council and prepared the 
foregoing Paper designing to have preferred it in Council; but the 
Council breaking up unexpectedly We were prevented putting it in 
But now finding that his Exc^ll^ still continues to isvsue Warrants for 
Lands in undue Proportions & (contrary (as we conceive) to the Kings 
Instructions We think it our Duty to file this bv way of Caution to 
the SecTetary's Office; requiring and desireing the Deputy Secretary to 
prefer the same to his Excell' before he (the Dep Sec''^) sulxsign or make 
out any more Warrants Humbly praying his Excell' that if he shall 
think w* we object reasonable he would be pleased to have Resi)ect there- 
unto. 

(Endorsed)" 

North Carolina 
Com pi* of M' Rice and M' Ashe against the Gov' for granting too 
large Tracts of I^nd and dividing of Precincts. 



North Carolina — Sc* 

October Gen* Court or Term 1732 

To the Chief Justice, and Assistant Justice of the Gen* Court of the 
said Province, Justice of our Lord the King of his Bench 

Be it remembered that John Baptista Ashe comes here into Court y* 
31'* day of October the same Form in his proper person, and exhibits to 
the Justices here a certain information against George Burrington of 
49 



386 CX)LONIAI. RECORDS, 



North Carolina Esq' Governor &" at present of the said Province: The 
tenour of which said Informacon follows in these words: 

To the Chief Justice, and Assistant Justices of the Gen* Court &* Jus- 
tices of our Lord and King of his Bench &• North Carolina Sc* Be it 
remembered that John Baptista Ashe who for himself as owner as well 
as Informer or he that sues in this behalf prosecutor comes here into 
Court y* 31"* day of October the same Term in his proper person and 
for himself as owner as well as prosecutor, or he that sueth, gives the 
Court here to understand & be informed That George Burrington Esq" 
of Nortl) Carolina present Governour of the s* Province at the Precinct 
of New Hanover in the said Province on y* 1 5^ day of Sep* in this 
instant & Year, Did take up, and drive, or did <'ause to be taken up, and 
driven to the s** George Burrington Es<i" & his plantation in the afbres* 
precinct two large black mares, viz* one about the age of nine years of 
the piece or value of fourty pounds, the other about two and a half years 
old of the price or value of fifty pounds, which said mares were not 
properly his own, but were properly the mares of the plaintiff, or In- 
formant, and the aforesaid two man« he did also then & there misbrand, 
or did cause to he misbrandwl, by branding them with a brand not the 
brand of the P** against the Statute or act of Assembly of this Province 
in the like case published and provided : Whcivupon the said John Bap- 
tista Ashe for himself as prcKsecutor or he that sueth, as well as owner 
prays the AdviscMnent of the Court in the premises; And that theafores"* 
George Burrington Es<i" &v may be lawfully therei»f Convicted, and for 
his oiFence may forfeit the value of the said mares & twenty pounds, that 
is to say ten pounds for each mare over and ab<.)vc the value of each of the 
said mares: And that the aforesaid John Baptista Ashe the forfiturc* 
aforesaid may have to himself Ixjing as well owner as he that sueth for 
the same, according to the form of the Statute or Act of Assembly of this 
provinw aforesd And that the aforesaid George Burrington Esq" &c mav 
come hereinto Court to answer in and upon the premises &"" 

JN" ASHE F* or Inform* 

Rich? Rc)e } P'^S^ *" 

Whereupon : David Osheal Gen* Attorney in l)ehalf of his Excellency 
Geoi^e Burrington Esq' Governor Comes into Court & prays the Advise- 
ment of the Court upon the Infermacon and prostrution of John Bap- 
tista Ashe against him, whether they will receive the same, for that he 
sayeth the said George Burrington Eisci" then was and still is his Majes- 
tvs Lieutenant of s* province & Governour in C^heif Chancellor and 



COLONIAL RECORDS. 387 



Supreme Magistrate within y* same and is not to be drawn or compelled 

in this Court in manner aforesd to answer for any Crime or Offence, and 

further tlie said Attorney in behalf of his Excellency George Burring- 

ton siiith and avers that the said mares mentioned in s* prosecution are 

and then were bona fide the property of the said George Burrington 

Esq" and that as Attorney to him & by his immediate orders the s* 

David Osheal will Consent to a rule in behalf of the said Governor 

Burrington, that he will receive a declaration from the said Ashe in 

Trespass, Detinue Trover or otherwise, and plead thereto so or to try 

the Title & property at I^w. But prays this prosecution being scandalous 

& what this Court can not compell the Gov' to answer to n>ay be dis- 

mist. 

D O'SHEAL 

Then Jno Bapta Ashe aforesd comes into Court and objecting against 
a certain paper put or pretended to be put in & preferred to this Court 
by David Osheal Gen' Attorney in behalf of his Excell"^ George Bur- 
rington Esq'* Gov' &c (against whom an informacon had been exhibited 
by the said Ashe) prays that the same may not be received, for that it is 
irregular illegal & contrary to the practice of this Court And he offereth 
these reasons to shew why the said paper ought not to be received but to 
be rejected. 

]•* The said paper seems to be in the nature of a plea to the jurisdic- 
tion of the Court or of a plea of privilege: in both which cases there 
are (certain direct and I^al pleas, which ought to have- been pleaded (if 
such were the Case) according to the practise and rules of this Court and 
not thus ambiguously uncertainly and Contrary to the practice of all 
Courts of Law. 

2^ By way (as it were) of privilege he the said George Burrington 
Esq'* &c by his Attorney aforesd assumes a title which I humbly con- 
ceive is not conferred on him by his Majesty Viz* that of his Majestys 
Lieutenant of the s** Province Neither does he shew how or in what 
manner he is entituled to privil^e or an exemption from Suite in this 
his Majestys supreme Court of Comon Law in this Govern' in which if 
the P' (xinnot have relief, or exhibit this his Suite, he conceives himself 
to be without remedy. 

.jdijr "pIj^ pet jj^ surprised that his Excellency his learned Council should 
trifle so egregiously with this Hon"* Court and the P* as to pretend to 
offer to consent to a rule of receiving a declaracon from the P^ in an 
Action of a different nature of his own proposeing forreign to the pur- 
pose viz* to try the title and property at Law whereas the P* sues not 



388 COLONIAL RECORDS. 



cr 

s =• 



for the mares, but for damages (accruing from a sort or injury done) 
given him by the Law ; in which Case it behoved him to have shewn 
that the Govern' was excepted out of or exempt from the force of such 
Law and not bound by it, Or at least that the Informant had no remedy 
by means or force of the said Law against his Excellency in this Hon"' 
Court. 

The learned Gent might as well urge, should a Govern' think 
fit to cut off a persons earr or nose & such person should pro- 
ceed to cause him to be prosecuted on the Statute against maim- 
ing &c y* the prosecution was scandalous &c and what this Court 
(X)uld not compel such Govern'' to answer to; and offer to receive 
a declaracon from the party injured in Trespass detinue Trevor 
^ Ac to try the title & property at I^aw to his Ears and nose 
^thiy 'pjj^ j>«t jg iiuuibly of opinion, that this action well lies in this 
Court in that it is by Informacon avoiding any scandalous or approbre- 
ious expressions and the penalty is pecuniary without any attack or 
Copies to be Executeil or served on his Excel lencys i)ersons. 

Lastly The P* is well aware that this way of giving in such argu- 
mentative papers is not agreeable to the ancient practice of this Court 
and thinks he ought to have demurred to the paper put in by M' Osheal 
as to an insufficient pleas; but this Hon"* Court seeming yesterday to l)e 
of a different opinion having received and read the said paper but not 
at a plea. He hopes and huiubly prays that his answering in the same 
manner mav not be offensive to this Hon"* Court; And that his Action 
may be received ; and that he may have relief acconling to the advise- 
ment of this Hono"* Court in this his Majcstys Supreme Court of Comon 
Law in this Province : But if this Hon"* Court shall be of a different 
opinion he humbly prays their further advisement. 

Thereupon the Court proceeded to y* following Judgement. 

North Carolixa — ss. 

At a Gen* Court of Sessions of the peace Court of Assize and Gen* 

Goal delivery begun and held at Edenton for the said Province on the 

last Tuesday in CX*t 1732 & by adjournments continued to the 16*** day 

of Nov*^ 1732 

Before. 

William Little Esq- Chief Justice 

^f C3 I u /- Esq" Justices s* Court 

Macrora Scarborough j * 

David Osheal Esq** Gen* Attorney for his Excell^ George Burrington 

Esq'* Gov' pray'd leave to amend exceptions he had put into the Infor- 



COLONIAL RECORDS. 389 



niaoon of Johu Baptista Ashe exhibited to this Court against the said 
Govern' which was granted by the Court, and the same was amended 
and read ; And thereupon John Baptista Ashe put in a replicacon or 
exception thereunto, which was read and the matter I)eing duly argued, 
and fully heard, and by the Court here considered upon and the advise- 
ment thereof desired ; It is the unanimous opinion of the said Court 
that the said Information Ixjing a prosecution against the said George 
Burrington Esq" now Governor here for a Crime or offence alledged to 
l)e done by him whilst Governor which by Act or Parliament is ordained 
else where to be heard & determined, and for that the said Court cannot 
com pell the said Governor here to appear or answer thereto they cannot 
hear & determine the same & will not proceeil in Judgement thereon. 



North Carolina — ss. 

George the Secxind by the Grace of GikI of Great Britain France & 
Ireland King Defender of the faith &c 

To the provost Marshall or his Deputy Greeting. 

We (command you that you have the Ixnly of John Bap** Ashe Esq" 
in our Goal at Edenton unlawfully detained as he sayeth, l>efore William 
Settle Esq" our Chief Justice together with the Cause of his Commitment 
to do & receive as our said Chief Justice together with the Cause of his 
Commitment to do and receive as our said Chief Justice shall in that 
part Consider and have you there this writ 

Witness William Little Esq" Chief Justice at Edenton this 10*^ day 

of November 1732 

WILLIAM LITTLE Ch : Justice 
A True Copy 

^ WILLIAM MACKY D M. 



North Carolina — ss. 

On Complaint of His Excellency George Burrington Esq" Govern' & 
Capt. General: of this Province, that John Baptista Ashe Esq" on or 
about the tenth day of this Instant November in this present year of our 
I/)rd Christ one thousand seven hundred & thirty two did write & pub- 
lish certain Scuirrilous Libells to defame the said Governor against the 
I>eace of His Majesty that now is, and the Statutes or Acts of Assembly 
of this Province in that case made & provided these are therefore in His 
Majesty s name to command you to apprehend and take into your safe 
CustcKly the said John Baptista Ashe and bring him before me or some 



390 CK)LONlAL RECX)RDS. 



other of the Assistant Justic-cs of the Gen' Court to answer abide & per- 
form what our said Justices in tlie premises aforesaid tlien and there shall 
Consider & make due returne hereof Given under mv hand and seal 
this 10'*' dav of November 1732 

To the provost Marsh or his I)cpu'^ these to execute & returne 
A True Copy f WILLIAM MACKY I) M. 



North Cakouxa — ss. 

To the Kw{)er of the (ioal at F>lent(»n 

I send you herewith the b<Kly of pfohn Baptista Ashe Esij" this day 
brought l)efore me and aeeused of writing and publishing certain false & 
scandalous Lilx^ls against His Excclly George Burrington Escj" Gov' 
Capt General Ac of this province against the peace of our Lord the King 
that now is & the Act of Assemblv of this Proviiuv 

Therefore you are hereby strictly charged <S: commanded in his Majes- 
tys name to rec*eivc the siiid Jn° Baptista Ashe and him in Goal to keep 
untill he give lK)nd with two suif* securities, the said Ashe as principal 
in one thousand |H)unds sterling and hissecuritys in five hundred pounds 
ster: each pei*sonally to apjwar l)efoni the Justict^ of the Gen" Court of 
this province at the next Gen" Court to lie held for the same at Edenton 
then and there to do & receive what the s* Justices in this behalf shall 
order or be otherwise discharged by due Course of Law- 
Given under mv hand and Seal at Edenton the 10*** day Nov' in the 6*** 
yeare of his Majestys Reign Anno Dom 1732 

W- OWEN I SEAL, t 



+ + 



True Copy Examined 

^ WILLIAM MACKY D M 



North Carolina — as. 

Att a Greneral Court of Sessions of tlie Peace Court of Assize & Gren- 

eral Goal delivery Ixigun & held at Eklenton for the said Province on the 

last Tuesday in October 1732 & by adjournments continued to the 10**" 

Day of November. 1732 

Before 

William Little Escj'- Chief Justice 

William Owen 1 , ^ „ r . . r » i r^ ^ 

^r cs I 1 > Lsci'* Justice OT sd Court 

Macrera ocarboix)ugh J * 

David Osheal Gentleman Attorney for his Excellency Georjye Bur- 
rington Esij' Governour prayeil leave to amen<I the Exceptions he had 



CX)LONIAL RECORDS. 391 



put into the Information of John Baptista Exhibited to this Court 
against the said Governour which was granted by the Court & ye same 
was amended and read & thereupon John Baptista Ashe put in a Repli- 
cation or Exception thereto which was read & the matter being duly 
argued & fully heard & by the Court here considered upon the advise- 
ment thereof desired it is the Unanimous opinion of the said Court that 
the said Information being a proscc^ution against the said George Bur- 
ringt(m Esq" now Governour here for a crime or offem-e A Hedged to be 
done by him whilst Governour which by Act of Parliament is ordained 
Elsewhere to be heanl & determined & for that the said Couil cannot 
compel the said Governour here to appear or Answer thereto they cannot 
hear & determine the same & will not proceed in Judgment thereon. 

Exam* & Compared with the records 

W» LirrLE Ch : Jusf 



[From North Carolina Letter Book of 8. P. G.] 



MR. LAPIERRE TO THE BISHOP OF LONDON. 

('ape Fear alias New Hanover Nov'- 29, 1732 
My IjOrd 

As I am one, who in Queen Anne's Reign 1708 was by your I^ord- 
ship's most worthy predecessor, sent to South and North Caroh'na to 
oflBciate in Both at several times as minister of the Church of England 
under the Royal and Espiscopal Protections, having for the full space of 
20 yetirs. Shared my office between a French Parish named St. Dennis 
& an English Parish called St. Thomas under the Rev* Mr. Hazell the 
Rector of the same; I was at last called from this former Province to the 
next adjacent (M)untry nameil ( -ape Fear or New Hanover l^elonging to 
North Carolina where I have lx?en already 4 years following my func- 
tions & now I see myself nnder the sad necessity of superseding them, 
for the reasons I shall acxjuaint your Lordship with, the people of my 
charge did at the first carry a fair corres{)ondenc« with me, till one 
Mr. Rich* Marsden came among us with a commission as he said 
from the Bishop of London & from the Honorable Society for the pro- 
p<jgation of the Gospel in Foreign Parts, to l>e an inspector over the clergy 
in these parts of the North, tho' I could never hear that your Lonlship 
had any other commissary l)esides the R^v* Mr. Garden in South or 
North Carolina, moreover the said Mr. Marsden since that time has for- 



392 COLONIAL RECX)RDS. 



saken .such Pretentions; having taken upon him to be a public Merchant 
& traffickant. Since his late voyage to Lisbon in Portugal & follows if 
daily amongst us & thinks it no way inconsistent with the Sacred orders, 
for he it is who has set my hearers against me, with his proffers of serv- 
ing them Gratis, which is the reason why my subscribers have not paid 
me according to their promise in writing & thereby have disable<l me to 
wait upon them as their Minister & compelled me, by the same means to 
work as a Slave, in the field for my living, after gnitifying them w^itli 8 
months of my time. <fe the same Mr, Marsilen himself who had made 
the people of Ca{)e Fear such generous proffers, has lefl them since, hav- 
ing made interest with Gov' Burrington for the new Parish of Core 
Sound & New River tho' not as vet settled but he is contented with the 
private acknowledgements of the inhabitants of that place. I have 
already laid before your Ijordship the first obstacle to my going forward 
in my office, but there is still another my Lord of no less (X)nsequenoe 
viz. the great misunderstanding between the great men of the place & 
Gov' Burrington ; for having at his first arrival applied to his excellency 
on the behalf of their church in order to recommend it, to the Societys 
bounty & your Lordships protection ; his excellency returned them this 
answer' from both ; that this could not be done, till their church can be 
erected into*a Parish & till they could allow to their Minister a parsonage 
& a Glebe, a thing they have not as yet thought upon but have endeav- 
oured to shew in opposition to the Governors wortls that it was a Parish 
& their Vestry is gone so far that way as to assess the country for my 
last Payment which was liefore, consisting of Private subscriptions, but 
they altered it at their pleasure without the Governors cijnsent, so that at 
this time I am the sufferer depending upon no manner of certainty & 
not daring to take the Bare word of thase, who have already sufficiently 
imjK)sed upon my simplicity; therefore my Lord as I account myself 
happy in following your commands, suffer me likewise to desire the favor 
of your paternal advice, tending to the preservation of, 

My Ijord Your Lordships 
Most dutiful & 

Most obedient Servant 

JOHN LAPIERRE. 



COIX)NIAL RECX)RDS. 893 



[B. P. R. O. America and Webt Indies. Vol. 19.] 



GOV JOHNSON TO D. OF NEWCASTLE 

Charles Town Dec' the 15^ 1732. 
My I^)rd, 

In ray last to your Grace I had the Honour to accjuaint you, that I 
had appointed a Chief Baron of the Exchequer, and that I humbly 
prayed His Maj*^' further Instru(»tions on that subject. 

Every thing is very quiet upon the Borders of North and South Car- 
olina; Governor Burrington was indeed some time ago apprehensive that 
our Indians would have disturbed those under his Government; but it 
aflerwanls appeared there was little room to suspect any commotion of 
that kind, and if anything material shall happen upon that on any other 
occasion, your Grace may be persuaded I shall always acquainte you with 
it, but shall ever be cautious how I take up any of your Graces time, 
which is so much better imployeil, on more important matters. 

It is with great satisfaction that I have the Honour to ac(]uaint your 
Grace, that the Assembly have admitted M' Amy and to be their Clerk, 
by which admission one of his Majesties Prerogatives here, («n suffer no 
further dispute. 

The great sickness which raged in this Province last Summer and 
carried off many whites and blacks is now quite over, and the Province 
is now very healthy. 

M' Purrv is latelv arrived with about 120 Swish, 50 of which are 
men, and the rest women and children, they like the Country very well, 
and are very chearfull, I have taken care they should Ik? provide*! with 
all neiHissarvs, and doubt not but that the ace* thev will send to their 
friends of the reception they have met with, will encourage many more to 
come and settle here, which will in time greatly reilound to his Maj***' 
Honour and service. 

I cannot forbear just hinting to your Grace the behavour of the Sur- 
veyor General M' S* John, who has a Head so unfortunately turned, 
that he has not only brought a great deal of uneasiness upon himself, 
but has also given his Maj*** Council and me a great deal of unnecessary 
trouble, he has had the weakness to reject advice given him by myself 
Council and several other worthy Gentlemen and to pin his Faith intirety 
upon one Whitaker late Attorney Gen" (and the Craftsman amongst us) 
who leads him into the most rediculous and aKsurd measures, encourage- 
50 



394 COLONIAL RE(X3RDS. 



ing him to despise the authority of his Maj**** Gevernor and Council 
who design to make a Representation of his conduct to the Ministry, 
which has lieen of manifest disservice to His Majesty, and disturlxnl the 
Peace and quiet of this Province, but the unthinking man Iwleives and 
brags that his Interest in England is so great that let him behave as he 
will all his A<^ions will pass muster 

I am with great respect. My Lord 
Your Graces most obedient 
and most humble servant 

ROB* JOHNSON. 



[From North Carolina Letter Book of 8. P. G.j 



The Petition & Representation of John Boyd to the Society for the 
propagation of the Gospel in Foreign Parts. 

Sheweth, 

That your petitioner hath lived for some time in North Carolina & is 
well acquainted with the (/ountry & there is no minister residing of the 
Church of England in any part of that Government, for want of which 
many of the people are drawn away by Presbyterian anabaptists or other 
Dissenting Teachers, many of their children unbaptised & the adminis- 
tration of the Sacrament of the Lords Supper wholly n^lected. 



[B. P. R. O. Board op Trade Journals. Vol. 42. p. 143.] 



BOARD OF TRADE JOURNAIA 

Whitehall Wednesday June 7*** 1732 

Present 
Earl of Westmorland. M' Bladen 

M' Doeminique. Sir O. Bridgeman 

M' Pelham. Sir H. Croft. 

A letter from Capt Burrington Gov. of North Carolina to the Board 
without date was read and the papers therein referred to were laid before 
the Boardy Viz* 

A schedule of the papers transmitted 



COLONIAL RECX)RDS. 395 



Attested Copies (under the Seal) of the Journals of the Council and 
of the Upper & Lower House of Assembly as likewise of the Acts in 
force in North Carolina. 

Ac^count of Patents for Land in North Carolina granted by Sir Rich- 
ard Everard late Deputy Governor of that Province for the late Lords 

Proprietors. 

[Page 151.] 

Whitehall Friday June 16. 1732. 

A letter from Capt. Burrington Gov' of North Carolina dated 4*"* 
Sept. last was read and the papers therein referred to were laid before 
the Board Viz*: 

M' Porter's reasons against Governor Burrington appointing Members 
of the Council in. North Carolina whilst seven remain. 

Copy of a letter from M' Byrd of Virginia to Capt. Burrington Gov' 
of North Carolina dated 20 July 1731 relating to the nature & fertility 
of the lands in North Carolina. 

Their Ijordships then gave directions for preparing the Draught of a 
letter to the Duke of Newcastle to desire he will move the Queen for 
ortlers to be sent to the Governors of North & South Carolina to use 
all possible precaution to prevent an Indian war as apprehended by Capt. 
Burrington in his aforementioned letter 

Directions were also given for preparing the Draughts of Letters to 

Col. Johnson and Capt. Burrington for the same purpose As also 

another Draught of a letter to Capt. Burrington for a distinct explana- 

^ tion of that part of his letter of the 4*** of Sept. last which relates to a 

Gentleman in Hanover Square. 

The above Draughts of Letters were agreed and signed on June 20"* 
& 21'* 

[Page 156.} 

Whitehall Wednesday June 21. 1732. 

Their Lordships taking again into consideration the letter from Capt. 
Burrington read the 16**" inst. made a progress therein. 

A Representation and Address of E<lmond Porter late of the Council 
and Judge of the Vice Admiralty Court of North Carolina were read, as 
also the following papers referred to 

Extracts of Minutes of Council and Copies of Complaints & Answers 
relating to Capt. Burrington's sus))ending M' Porter from the (^ouncil and 
l)eing Judge of the Admiralty in North Carolina. 

M' Porter's opinion about the appointing of any new Councillor by the 
Governor whilst there are seven Meml)ers of Council in the Province. 



390 COLONIAL RECORDS. 



Memorandum made by M' Porter oonoerning the purchase money of 
lands in North Carolina. 

And their Lordships gave Directions that copies thereof should be sent 
to M' Burchet to be laid Ix^fore the I^ords of the Admiralty. 

Ordered that a letter be wrote to M' Porter with copies of such parts 
of Capt. Burrington's letters as relate to him for his Answers thereto. 

Ordercnl that in the next letters to Capt. Burrington copies of the above- 
mentioned Representation and papers from M' Porter be sent to him for 
his Answers thereto. 

[Page 157.] 

Whitehall Thursdav June 22. 1732 

M' Shelton Secretary to the late Lortls Proprietors of Carolina attend- 
ing he was desireil to give the Board an account of the Grand Deed from 
the said Ix)rds Proprietors in 1668 under which the inhabitants pretend 
a right of paying but 2 sh** per hundred acres for land in North Caro- 
lina whi<»h he pmmiseil to do accoixlingly. 

The Boawl then took into consideration the letters from Capt. Burring- 
ton mentionM in yesteixlay's Minutes and made a progress tliereiu. 

[Page 147. J 

June 9*^ 1732 

A Memorial from M' Shelton setting forth his services concerning the 
sale of ( -arolina and the Bahams & praying the Board's re(x)mmendation 
of him to the Crown was rejid and their Ix)rd'* resolved to consider further 
thereof on Tuesday morning next. 

[Page 158.J 

June 23"* 1 732 

Their Lowlships taking again into consideration the Memorial from 
M' Shelton rvad the 9^ inst. praying the Board's recommendation of him 
to the Crown A certificate to the I^onls of the Treasury wa^ ac<'ordingly 
agreeil and signed. 

[Page 160.] 

Whitehall Weilnesdav June 28. 1732 

The letter from Capt. Burrington Gov' of North Carolina and the 
pa[>ers therein referred to mentioned in the Minutes of the 16*** inst. 
l)eing again considered directions were given for preparing the draught 
of a letter to him thereupon. 

Ordereil that a letter l)e writ to M' Attornev <fe Sol' General for their 
opinion upon a cuse and queries relating to the validity of laws passed 
in North Carolina in the I^mls Proprietors nanu's after the pun^hase of 
that Province bv the (-rown 



COLONIAL RECORDS. 397 



ri>aj?e 162. j 

Whitehall Tuesday Jnlv 4'*' 1732 

The Board tlien took into consideration the Draught of a letter to 

Capt. Burrington order'd to be prepared the 28*** of last month and 

made a progress therein 

July o*** 1732 

* 

The Board taking again into consideration the Draught of a letter to 

Capt. Burrington mentioned in yesterday's Minutes made a progress 

therein. 

[Pagro 163. 1 

July ir»' 1732 

The Board taking again into consideration the Draught of a letter 
to Capt. Burrington mentionM in yesterday's Minutes made a progress 
therein. 

M' Smith Chief Justice of North Carolina and Chief Baron of the 
Court of Exchequer there attending he presented to the Board the War- 
rants from his Majesty appointing him for those Offices which l)eing 
read Ordered that copies be taken thereof And the Board asking his 
opinion with rei?pect to the necessity of holding the Court of Exchequer 
He said he thought that Court the more necessary because the King >vas 
defrauded of much land and that that was a matter only (H>gnizable in 
that CJourt. 

[Page 165.] 

July 12"* 1732.. 

The Board taking into consideration the Draught of a letter to Capt. 
Burrington mention'd in yesterday's Minutes made a progress therein. 

[Pap:el«7.J 

July 13'»» 1732. 

• 

M' Smith Chief Justice & Chief Baron of North Carolina attending 
he presented to the Board a Memorial relating to such laws of the Prov- 
ince as have not been confirmed by the liords Proprietors upon which 
he states some difficulties with respect to the duration of them which was 
read And directions were given for stating the said difficulties to the 
Attorney & Solicitor General 

fPasre 170. 1 

Julvl9^1732 

The letter to the Attorn^ & Sol' Gen* order'd to l)e prepared the 13*** 
inst relating to such laws of North Carolina as* have not been confirmeil 
by the I^ords Proprietors was agreed and order'd to be sent. 



398 COIX)NIAL RECORDS. 



[Page 306.1 

Whitehall Tuesday Janir-^ IG. IT^g 

Pre.sent 
The Secretary laid before the Board the forty four following copies of 
orders in Council and the same were rf*ad 

* * * * 

Order in Council dated 2o^ Nov 1731 repealing an Act passed in 
Virginia for the more effectual preventing the bringing tobacco from 
North Carolina &v 

(Page 247. j 

Whitehall Wwlncsdav Dec ()'** 1732 

• 

M' Attorney and M' Solicitor General's Report upon Queries relating 
to the Validity of Laws passed by the Proprietors authority in Carolina 
before and after noti(»e of the purchase by the Crown was read and di- 
rei'tions were given for sending atteste^l copies thereof to Col Johnson 
& Capt Burrington 



[FrOxM the MSS. Rfx^ords of North Carolina Council Journals] 



COUNCIL JOFRNAIX 

North Cauolixa — ss. 

At a Council held at the Council Chamber in f]denton the 17^^ dav 
of January Anno Dom 173i 

Present 
His Excelly (jeorge Burrington Esq' Gov <X:c 

{Joseph Jenoure Cornelious Harnett ^ Esq" Meml)ers 
Rol>ert Halton John Ix)vick > of his 

John Bap' Ashe Edm** Gale j Majesties Council 

Mathew Rowan Esq' appointed by his Majesties Royal Instruction a 
member of Council within this Province appeared and took and sub- 
scribed the several oaths by I^aw appointed for Qualifictition of publick 
Officers as also the Oath of a Councellor and his place at the Board 
accordingly 

Present Mathew Rowan Esq' 

His Excelfy having laid before this Board a letter he lately Received 
from the (jovernor of South Carolina Dated 27*^ October last desiring 
that Commissioners might be appointed for speedy running out a line for 
Settling the Southern Bounds of this (iovernment Pursuant to his Maj- 
esties R<>yall Instructions But his Exc^elly Having some time l)efore made 



CX)IX)NIAL RF.CORDS. 399 



a proposals to the R* Honobles the T-ionls Comissioners of Trade and 
Plantations on that head which he ordered to be rt»ad. This Board liav- 
ing duly Considered of the same are of oppinion that the said proi)osals 
made by his Exwlly will be of service to his Majesty and save him a 
Very great Expence Wherefore it is the further Oppinion and Advice of 
this Board to his Excelly that he Deferr the appointing Comissioners to 
run the sdid line till such time as he shall know his Majestie's further 
pleasure therein 

Then the Council adjourned till to morrow Morning at Eleven of the 
Clock 

Teusday January the 18**" 

Present 

His Excelly George Burrington Esq' Gov' &c 

f Joseph Jenoure Mathew Rowan 1 t.^ „T.Tkc i_ 2» 

Robert Halton Cornelious Harnett I ^l ^^ ti- 
; T„u^ D^.A A.u^ T.K^ r ....:^i. r his Majes"** 

Council 



The Honoble ^ J^hn^B^iTTshe JolVrWick > his Majes 

Edm'* Gale 



Coll Edward Moseley Treasurer of Chowan precinct M' Charles Den- 
man Treasurer of Perquimons Precinct M' Cullen Pollock Treasurer of 
the South Shore M' Thomas Smith Treasurer of Hyde Precinct and M' 
Simon Alderson Treasurer of Beaufort Precinct Exhibited to this Board 
(in obedience to an Order of Council Passed the 4th Day of November 
last) their accounts of all public^k moneys in their Hands which is ordered 
to Ive on the Table 

Cornelius Harnett Esq' appeared here this day pursuant to an order of 
Council of the 4*** of Nov' last to answer the Complaint of Capt Tate an 
the said Tate appeared also and the said Harnett delivered to this board 
a paper which is as follows Viz* 

Cornelious Harnett of North Carolina humbly sheweth that in obedi- 
ance to the Order of Governor and Council passed Nov' 4th 1731 Con- 
cerning a Complaint said to be made to Governor against him and another 
person by Capt Tate of Bristol he appeareth and for answer thereunto 
Saith 

That he doth not understand that by the Laws of Great Brittain or 
this Province Complaints touching matters of Debt or Contract are to be 
heard or trved before Governor & Council 

That if the same were Cognizable by Gov' and Council he would have 
Expected that the Governor would have proceeded thereon when he was 
last at Cape Fear River in the month of Ot»tober (at which time he sup- 
poses the said Complaint must have been made) The Major Part of his 
Majesties Council being then at Cape Fear River and not have drawn the 



-M) COLONIAL RECXJRDS. 



said IV bv a writ of Supaiia under tlie })enalty of one hundred jK>unds 
and the Debt bv a C'opv of the Onler of Council only two hundred miles 
from the i>lac*e of their residence in the Depth of Winter 

If the Governor and Council shall l)e of Oppinion (as he thinks they 
w^ill not) that thev have jwwer to hear such C\)mplaint he then Offers 
herewith a Paper signed by the said Tate before substantial And Credi- 
ble Witnessc»s wherein he Disclaims his having made any such Complaint 
to the Governor as seeking relief or justice at his hands or from him or 
that the said Tate ever asserted that he v* said Harnett and the other |kt- 
son owwl him the sum of three Thousand pounds in which jKipcr as the 
said Tate denys his ever having promoted any such suit or C-omplaint 
so he forbids any Prosei»ution of the same to which paper he the said 
Harnett Referrs himself 

Frays that in as much as the said Cornel ions Harnett hath been Slan- 
dered and under some Disrupute (,\)nc«rning this matter by means of 
the said order of Council he humbly prays that this his said answer and 
the said |>a{)er signe<l by the said Tate may 1x3 entered for his justifica- 
tion 

CORNELIUS HARNETT 

And then the said Cornelius Harnett Delivered another paper signed 
by the said Tate Endorseil John Tate Retraxit which was in tliese words 
Vizt. 

North Carolina. 

I the subscTibed John Tate do hereby Solemnly declare before the 
j)ersons who SuKscribe a8 Witnesses here to that I never did Exhibitt or 
make any Complaint to his Excelly George Burrington Esq' Governor 
against Cornelius Harnett Esq' of his and another persons Owing the 
sum of three thousjuid pounds as Seeking relief at his hands or Justice 
from him it is true (at least I l)elieve) that occasionally before l)efore 
him as befoi-e others I may have alledged that the said Harnett and the 
Rev* Doct' Richard Mars<len had Injured me in not punctually Com- 
plying with their Contraction with me but I deny Ever to have Aserted 
that thev owed me the Sum of £30(X) for thev never did owe me that 
sum and as I do hereby Deny my promoting any such suit or Complaint 
l)efore the Gov' and so I do as to my part forbid the prosecution of 
the same in Witness Whereof I have hereunto mv hand this 24*** of 

Nov' Anno Dom 1731 

JOHN TATE 

Witnesses Johnathan Shrine John Cox Charles Burn ham John Bap' 
Ashe Sam* Swann 



COLONIAL RECORDS. 401 



Which pa[)er8 being read the said Tate was Sworn and on his Exam- 
ination declared that he was an Unfortunate man and lost his ship upon 
the Middle Grounds of Cape Fear River and that he sold and Delivered 
his Cargoe to Docter Marsden and Mr Harnett for the Value of £2793 
who were to have given him their Bond or Security and that he was to 
have been Paid as soon as he could get Vessels to Carry of the Effects 
and that he had been a great sufferer as well as his owners and expected 
he should be turned out of his Employ and Ruined if he had not those 
Effects paid him and that he made this Complaint to his Excelly the 
Governor about the 2* of October last who told him that he had his 
renietly at Law against Docter Marsden and Harnett for thase Effects 

Robt Hal ton one of his Majesties Council being sworn and Examined 
Saith that Capt John Tate spoke to him and told him he Came to com- 
plain to his Excelly the Gov' against M' Harnett and Docter Marsden 
at the time mentioned in the said Tates Examination and that he accord- 
ingly introduced him to the Gov' 

ROBERT HALTON 

Coll Maurice Moore Ixiing summoned to appear this day before the 
Board to give an account of the Lands he held or Claimed at Cape Fear 
now appeared and Declared that he held about 15000 acres in those parts 
but for greater Certianty reffered himself to the Grants or records in the 
Secretary office and at the same time offered to this Board a paper by 
way of Exception & representation on the affair but his Excelly Con- 
ceiving the same to be a very untrue representation the Said paper was 
laid on the table for further consideration 

Adjourned till to morrow morning 

Wednesday January the 19"* 173^ 

Present 
His Excelly George Burrington Esq' Grov' &c 



The Honoble 






Joseph Jenoure Mathew Rowan ^ j, „ Member 

Robert Halton Cornelius Harnett I >i*. ^r' .. 
T a r> t A 1. TUT '1 > ot his Maicsties 



Jo' Bap* Ashe John Lovick 

Edm** Gale 



Council 



His Excelly delivered the following paper to the Board in relation to 
Mr Harnett affair Vizt Having perused the answer of Mr Harnett to 
the Complaint of Capt Tate now under Examination as well as the 
paper the said Tate signed before Substantial and Credible Witnesses 
(which I think since the Man appears was Needless to have been pro- 
duced) and therefore I consented the same Should have l>een Withdrawn 

51 



4<)2 COLONIAL RECORDS. 



aiul the Mans Examination fairly takon but it boinfr insi.sUnl on that the 
said pa])cr Should lye as a Justification of the said Harnett T am 
ohlidg(*d to make some remarks ujxin that jmper as Mr Harnett answer 
nether of which are writ with decency or tnith as a|)])ears plainly by 
the Said Tatos Examination now Ijefore us upon Oath 

The foul manner of obtainifi^ the jMijier is very Evident from what 
Tate sw«irs Vizt that unless he si^ne<] it he should l)e kept out of his 
money A year longer and the absolutely Denys that he asserted he had 
not made a Complaint to me but now u]><»n his Oath declares ho did 
make such a c^implaint and told me he should l)e quite Ruined and 
udone if not Ii<jHev«l an<l I csuinot help ()bsi;rving h<»w Disingenerous 
it was in the Penner of the pajxT to make the man say he never asertcd 
that the sum of £3000 was owing to him \Vh<»n M' Harnett is not 
Charged with owing so mui^h only near that sum and now the man tell 
von the Debt is i:2793 and t4) what end that strong denval was made the 
|ienman of the pa|KT l)est knows I will make n<i other remark upr>ii 
what the man swears of the unmannerly and slight sjHHX!hes made by the 
pret(;nding (lentlemen made uiK>n my self and the Council only that I 
sure such niisi)ehaviour will Ik; no re< commendation of those (concerned 

M' Harnetts answer is Dividwl into four parts upon which I will 
n*niark as they lay l)efon; mc fii'st M' Harnett s;iys that he appreluMuls 
that the (lov' an<l (Nnux'il have not power to hoar and try Matters <>f 
Debt or C<intract which c^rtianly true except as a (\»urt of Chancery or 
by appi>2U* Xor was M' Harnett (railed her for that end what Mr Har- 
nett was cjdle<l upon to answer was this Tate as you have now heanl 
upon his oath made very Grovious Complaint against M' Harnett which 
if true would gn»atly obstruct the trade of that young settlement which 
as I have Ever Done will allways continue to promote & M' Harnett 
b<?ing a M(»mlK?r of his Majt*sties Council I thought as such it becaoie 
me to Enquire in the truth of it in Order to have represeutwl the Matter 
htmie and I shall always take the same Meth(Kl when I think anv of his 
Majestic»s (.\)uncil Misliehave themselves Wing unwilling to lay Charge 
to the prejudice of any person liveing till I am Satisficnl of the truth 
this as it ac^ting with the grc^atest Tenderness mus have the Approbjition 
of all men who are not wilfully si»t against every thing I do. 

The 2* Article Says that if the Matter had U»en Cognizable b(»fore the 
Governor an<l (Council he Exp«vto<l to have Ikmmi phm'w^UhI against at 
Cape F^oar where I was and a Majority of his Maj«Nsty's Council at the 
same time 



COLONIAL RECORDS. 403 



To this I say that I did not recieve the Complaint till Just as I was 
setting sjiil for these parts but if I had recieved it before I wonder witli 
what Assurance M' Harnett cran assert that a Majority of his Majesties 
Council was then at Cape Fear when it is notoriously known there were 
at that time but four Memlxir of which M' Harnett was himself one tho 
hail there really been a Majority there as is said I could not have pro- 
citeded by his Majesties Instructions upon this Enquiry till the whole 
council had been Sumone<l which has now been done and the Council 
now attends where all other business is transacted And if the Governor 
and Council had been Impowered to try the Debt or Contract as sus- 
gcsted in the answer they must have l>ecn a Court of Record and form 
to have removed anv Court of ReiH)rd from Edenton the seat of tliis 
Government (would have l)een a great and heavy Oppression. 

The ;^* Article only recites what is said in Tate^ paper and the 4*** is only 
to request that the paj)er & answer may be Entred whic^h I allow & order 
these Remarks to be entred with them which will be a lasting Testimony 
of the Candor of the Gentlemen Concerned and of the assistance I recieve 
from some memlxT of his Majesties Council Then His Excelly desired 
that Capt Tate might be further Examined upon (^th how he Came to 
Sign that paper Endorsed his R^'traxit put in yesterday by M' Harnett 
and the said Tate being thereon sworn saith that M' Ashe drew the first 
Draught of the paper put in at the Council Board yesterday by M' Har- 
nett which is signed by the said Tate and that the said Ashe declared 
that if he the said Tate did not Sign to an Instrument to stop the prose- 
cution M' Harnett not pay him in Twelve months and for fear he should 
not he paid his Debt he signed the said {>aper 

Mr Porter late a Deputy surveyor at Cape Fear appeared at this Board 
pursuant to an Onler of Council ]>assed the 4*** of Nov' 1731 and his 
Excelly the Governor asking the said Porter whether upon the Surveys 
he made he runn all the the lines according to his returns made in the Sec- 
retary Office when he was Deputy Surveyor the said Porter answered he 
did not 

The Said Porter being further Sumoned to appear this day to give an ^ 
account of the Lands he holds or Claims at Cape Fear appeared and 
declared he Could not Certainly tell what Quantity but that he believed 
thev were all Recorded in the Set^retarv Office if they were not he would 
(rjiuse them to be retxjrdcd soon 

John Baptista Ashe Elsq' Treasurer of the New Settlements of Cape 
Fear in Obediance to an Order of Council passed the 4*** of November 
last ap|)eared at this Board and Exhibited his Acco* of publick Moneys 



404 COLONIAL RECORDS. 



in his hand which is ordered to lye on y* Table The said John Bap* 
Ashe Esq' one of the late Deputy Surveyors at Cape Fear now appeared 
and gave in a paper which was laid on the Table for further Considera- 
tion. 

The Question being put by the Governor whether the Complaint 
against Esmond Porter Esq' Judge of the Court of Vice Admilty should 
be called and heard to morrow Morning altho he be absent or put off 
till a further Day It was the oppinion of the Councill that the matter Ik* 
Called and heard to Morrow Morning Adjourned till to Morrow Morn- 
ing 9 of the Clock 

Thursday January the 20*^ 173^ 

Present 
His Excelly George Burrington Esq' Grov' Ac 

r Joseph Jenoure Mathew Rowan ^ j, „ Members 

rpL TT ui J Robert Halton Cornelius Harnett I ^^ n i . 

The Honoble -{ t u o t % u t u t • i r of his 

I John Bap* Ashe John Lovick \/r • a.- m -i 

[ Edm'Gale J Majesties Council 

Coll Thomas Pollock Treasurer of Bertie precinct in Obediance to an 
order passed at this Board the 4*** Day of November last appeared this 
Day and Exhibited his acco** of publick Moneys in his Hands which was 
ordered to Ive on the Table 

Read the petition of Thomas Pollock Esq' Shewing that at a ver}- 
great Charge having Obtained patten ts for some Lands lying between 
Roquiss Swamp and Marattoke River in Bertie precinct said to be 
claimed by Tuskaroroe Indians for which Reason your petitioners has 
hitherto forborn to settle the said Ijands tho he is altogether unknown in 
the right the said Indians have to these Lands but not knowing how 
much he may be injured by not settling the same according to the Tenour 
of his pattents praying an order for settling the said Lands or otherwise 
that a minnute may be made in Council for him that the Lands may not 
be I-<apsable Neither be charged with any Rents till Such time as the 
Indians shall remove or quit their pretended Claims. 

This Board is of Oppinion they cannot give up his Majesties Quit 
rents to any pattented Lands but if the said Lands lye within the 
Bounds Claimed by the Indians they are of Oppinion that the said lands 
Ought not to \ye Elapsed till such time as the Said petitioner is allowed 
quietly to possess the same. 

Ordered that no lapse pattents do issue for the Ijands Set forth in Said 
})etition. 



COLONIAL RECORDS. 406 



Mr Charles Harris one of the Late Deputy Surveyors at Cape Fear 
being sumoned to appear at this hoard to give an Aoco* of the practice & 
manner of this Surveys lately made at Cape Fear being Sumoned to 
appear at this board to give an Acco' of the practice and manner of the 
Surveys lately made at Cape Fear did not appear having writ to the 
Governor and Council a Letter of Excuse the same was laid upon the 
Table for further Consideration. 

Read the petition of Mathew Machard against Isaac Ottiwell Collec- 
tor of his Majesties Customs of port Bath which l)eing Sworn to the 
Same is ordered to lye on the Table for further Consideration thereon 

Present 

lAlmond Porter Esq' one of his Majesties Honoble Council Edmond 
Porter Esq' Judge of the Court of Vice Admiralty Appeared and De- 
livered in at the Board a paper which he desired to l)e Entered which are 
in the words Viz* 

To His Excelly George Burrington Esq' Gov' Vice Admiral &c 

Sir 

I was in hopes to have returned timely from Cape Fear to put in my 

answer to the Complaints of Mr Little against me but in my return have 

l)een frozen up in Shallop at three several places which I am able to 

prove being but lately arrived for which reascm I hope your Excelly will 

be so good as to grant me a reasonable time to put in my answer to the 

said Complaints they being of an Extraordinary Nature the granting 

this favour will be an Obligation on 

S' Your Most Obedient Ser* 

E. PORTER 
Edenton January 20th 1731 

Eklmond Porter Eisq' being present His Excielly the Governor directed 
the Complaint filed by M' Little & others agaiiLst the said Edmond Por- 
ter Judge of the Court of Vice Admiralty to he read which was accord- 
ingly done and then the Complaints proceeded on the first article of the 
Charge and a Copy of the Registry of the Court of Admiralty together 
with the Records of the General Court which were Road and the Oath 
of James Trotter taken 

His Excelly the Governor thereupon desired the Oppiniim of the 
Councjil whether the Complainants had made gocKl the first Article of 
their Charge or Complaint against the said Porter who was of Oppinion 
that the Complainant^^ had fully made good and proved the first Article 
in the Said Compl* the article being Read and a Copy of the R^istry 



406 COLONIAL RECX)RDS. 



of the Court of Admiralty Sworn to by the present Roister a^ also the 
records of the General Court on that affair and the oath of M' John 
Leahy Deputy Roister of the Court of Vice Admiralty at the time of 
the tryal mentioned in the second Article Thereupon the Governor 
Desired the oppinion of this Board whether the Complainants had made 
good their Second Article of Complaint who were of the Oppinion that 
the Complainants had made good and fully proved the second arti(Je of 
their Complaint 

3"* Article being read together with a Copy of the Registry of the 
Court of Admiralty sworn to by the present Register & Mr Leahy on 
his oath who was Deputy Register of the Court of Vice Admiralty at 
the time mentioned in the third article Thereupon the Governor desired 
the Oppinion of the Council whether the Complainants have made good 
and fully proved the third Article of their Complaint Oppinion the 
Complainants had fully proved and made goixl the Said Article 

4*** Article being read together with a Copy of the R^istry of the 
Court of Admiralty sworn to by the present Roister and the records of 
the General Court Concerning the same desired the Oppinion of the 
Board whether the Complainants had made out the fouth Article who 
were of Oppinion the Complainant had fully proved and made good the 
said article 

5*** Article was read and the Complainants declaring they had no Rec- 
ords to produce to make out this article and thereupon the present Reg- 
ister of the Court of Vice Admiralty being asked on his oath whither 
there is any Register of that Suit in the Office declared there was none 
delivered to him then the Complainant produced Mr John Leahy who 
at the time mentioned was Deputy roister of the Court of Vice Ad- 
miralty who having heard the fifth article read declared it was true with 
this addition that he drew the Indenture and he believes Mr Porter had 

£30 or there abouts for the sale of the said Edward 

Moor and that he the said Leahy forgave Moor his own fees And Mr 
William Macky being Sworn Said that he heard M' Rowelen Deced who 
bought the said Moor & Moor himself declare the same and that he 
knows the said Moor served his time out Thereupon the Council were 
of Oppinion the fifth article was fully proved 

6*** Article being read together with a Copy of the R^istry produced 
by Richard Rustull Esq' the Register of the Court of Admiralty upon 
oath and the Complainant desireing Mr James Winright (who was sworn) 
might declare whether Judge Porter did not know of the Seizures & pro- 
ceedings Mentioned in the said PonipP l)efore they went upon them 



COLONIAL RECXJRDS. 407 



answered that he the said Porter did know and sent a Deputation by 
him to Docter Patrick Maule to act as Deputy Judge in that affair and 
being asked if any part of the fees came into Judge Porters Hands 
answered that he understood that the Deputy Judge & all the Officers 
paid him one half of their fees Richard Rustell Esq' late Regester of 
the said Court being Sworn and Asked whether any part of the Fees 
Came into Judge Porters hands answered that he paid to Judge Maule 
for the use of Judge Porter one half of all the Fees accruing to him as 
R^ester on the Seizure & Tryal of the three Sloops and that he believes 
the Deputy Judge and Marshall likewise paid the Same Thereupon 
it was the Oppinion of the Council that the Sixth article wa6 fnlly proved 
and made good 

7*** Article the Evidence l)eing gone the Complainant failed in their 
proof 

8'** Article being read together with Copy of the R^istry produced as 
also the records of the General Court the Question being put it was voted 
by the Council the Same was fully proved 

9*** Article being read the Complainants produced their proof it was 
the Opinion of Board that the Said article was ftilly made out and 
proved 

10'** Article Read and the Rt^istry produced and the Evidence of M' 
Ijeahy the Late Deputy Register and others heard there upon Oath 
the Council were of Oppiniou the Articles the Complainants had fully 
njade good and proved 

1 1"" Article and the several Complaints mentioned therein read aud 
Mr Osheal being sworn saitli That after he was discharged from paying 
the Fine and that the* Marshall of the admiraltv had obstructed the 
Deputy Marshal from serving the Habeas Corpus he was again taken 
into custody for the very same thing he obtained his Majesties writ of 
Habeas Corpus for and held to £800 Bail and the Registry being pro- 
duced and the Complainants heard on the several articles of this Com- 
plaint It was the oppinion of this Board the same were fully proved 

12'** Article Read and on hearing the Complainants thereon the Coun- 
cil were of oppinion the same was fully proved 

13*** Article Read and the Complainants Evidences heard thereon the 
Council were of Oppinion the same was fully proved and made good 

Upon the several Articles of Complaint aforesaid Exhibted against 
Edmond Porter Esq' Judge of the Court of vice admiralty Mr Ashe 
refused to vote or give his oppinion but all other members of the Coun- 
cil present were unanimously of oppinion that all the several Articles of 



408 COLONIAL RECORDS. 



the Complaint were fully proved by the Complainant Except the 7"* 
article wherein the Complainants al ledge their witnens to be gone and 
in the Eight article M' Rowan doubteil w^hether the same was fully 
proved 

Ekimond Porter Esq' l)eing present and hear the first article Read & 
pleaded to it but then withdrew and afterwards Came in again several 
times during the hearing and liehaved himself in a very Insolent manner 
to the Governor and Came in and went out of the Council Chamber 
st»veral times and walkt and stood before the Door with his hatt on while 
this Examination was taken 

M' Ashe produced the following paper as his Reasons whi he refused 
to vote praying the same may be Entred which was allowed by the Gov- 
ernor and is as follows 

Upon the several articles of Complaint Exhibited against Ekimond 
Porter Esq' Judge of the C-ourt of Vice Admiralty the said Porter not 
withdrawing which Mr Ashe not appearing to answer the Charge the 
said Ashe gave it as his Oppinion that the Council Could not proceed to 
Examine the Evidem«s because it would be Exparte as it were but 
ought rather if he were guilty of a Contempt or made default to take 
the fact pnx^onfesso and this he gave as his Rcascm why he could not 
proceed to give Oppinion to the Question on each Article as it was put 
Vizt Whether the Fact were fully proved or not 

His Elxcelly the Governor after the Complainants had gone through 
with their proofs and made good their Charge against the said M' Porter 
Caused his Majesties 49*^ and 55*** Instruction to be Read Thereupon 
His Excelly Asked the Opinion of the Board whether the said Porter 
ought not to he suspended from his Office as Jfldge of the Court Vic« 
Admiralty within this Province and thereupon it was the unanimous 
opinion and Advice of the Council that y* said Edmond Porter I^' 
Judge of the Court of Vice Admiralty ought to be Suspended from the 
8* office 

The Governor thereupon having the unanimous Opinion of his Majes- 
ties Council and having heard the several Facts wherewith the said Por- 
ter was Charged made good and fully proved 

His Excelly thereupon by and with the advice and consent of the 
Council did sespend the said Ekimond Porter Esq' from acting as Judge 
of the Court of Vice Amiralty within this Province untill his Majesty 
or the Lords of Admiralty their pleasure be known thereon 

His Excelly the Governor further asked the advice and Oppinion of 
the Council Whether so bad a man as M' Porter was proved to be should 



COLONIAL RECORDe. 409 



be continued a member of Council within this province. Thereupon the 
Council were Unanimously of opinion that the said Edmond Porter was 
not fit to sit at this Board The Governor thereupon Gave M' Porter 
time to the Last Tuesday in March next to Shew reason why he ought 
not to be suspended from the Council But at the Instance of Mr Porter 
it is ordered that the same be heard to morrow at four of the Clock in 
the afternoon the said Porter desiring His Excelly to give him this 
Night the Articles he should proceed upon therein which the Governor 
promised to do 



Fryday January 21'* 173^ 

Present 



The Honoble 



"Joseph Jenoure Mathew Rowan ^ Esq" Memters 
Robert Halton Cornelious Harnett ! f i • , 

John Bap^ Ashe John Lovick f Majesties Council 



Edm* Gale 

His Excelly the Governor having last night filed in the Secretaries 
OflRc^ the Several articles against Edni** Porter Esq' as Reasons for sus- 
pending him from this Board the siune were now read in the words Viz* 

Thursday Eleven a Clock at night 
I complain against M' Porter as a Member of Council 
First. Bet^ause he has made it his whole Endeavour ever since my 
arrival to perplex and obstruct all pro<»eeding in Council by Raising 
unnecessary disputes and Cavils 

2**^. That when his Oppinion has been asked upon aifairs of the 
Greatest Consequence wherein the Peace and Quiet of this Province has 
Depended he hath asserted direct falsehoods with an Intention to Em- 
barras and Perplex the Administration 

3***^. He hath l)ehaved at the Council Board with So much Insolence 
to me that the Council have taken notice of his Rude behaviour in their 
Minutes and have Entered it as their Opinion that he is too bad a man 
to sit at the Council Board 

4thiy That the Council upon a very full Examination of his Vile 
l)ehaviour as Judge of the Court of Admiralty given their oppinion 
that he deserve a Sespension from that Office and he being suspended 
accordingly I think it cannot be proper to Continue him a Member of 
Council^when as such he must sit as a Judge in the Court of Chancery 
for this Province 



52 



410 OOLONIAL RECX)RDS. 



gthiy That he being a Person of very 111 Fame and Character and 
now under many prosecutions & Indictments not only for his barlmrous 
proceedings as a Judge but for Tumults Riots and other disorders I 
think it would be a Reflection on his Majesties Council here to have such 
a Profligate Person sit with them and therefore ask the opinion and 
advice of this Board whether the said f/imond Porter ought not to be 
Suspended from l)eing a Member of his Majesties Council for Nortli 
Carolina. 

There upon the said Edmond Porter gave in his answer to the same 
which was read in these words Viz*. 

North Carolina. 

Fryday following Thursday Elven a Clock at Night 

The answer of Edmond Porter to the Comp** of His Excel ly Greorge 
Burrington Esq' Gov' &c 

His Excelly exhibiting a Charge against me Setting me forth a very 
heanous person and yet alleadging no particular fact Urged me (that I 
might acquit myself and Convince the world that I merited not such 
Titles as in the said Charge are given me) to an immediate answer which 
I shall make in as few words as I can hoping no advantage will be taken 
of any slips which may happen to a thing so hastily Concieved and 
delivered 

1** As to the first Charge I observe it is so General no particular Fact 
being alleadgeil against me that I know not how to answer to it other- 
wise than that it will serve to be apply ed to any of the Council who Dif- 
fering from the (iovernor in Oppinion shall Raise disputes thereon 

2* As to tlie second I observe that the Greneralty of of the Charge 
admits no answer 

3* As to the thiixl Charge I observe that it is also very General saving 
as to the Notiw the Council have taken of my behaviour and the Oppin- 
ion they have already before my Cliarge Exhibited against me delivered 
thereon Entred in a Council which plainly shews that they Viz* such of 
the Council as have so done have Prejudise me how far this Conduces to 
their Qualification of being my Judges in the prcstMit cases I shall leave 
to others to Judge 

4*"^ I must patiently bear the harsh Terms the Governor is pleased to 
bestow on me in this Article and to the proceedings of the Governor in 
my ca*^ as Judge of the Admiralty and the Oppinion of the Council as 
to my Meriting a Suspension from that oflice I shall only say that I 
thought it hard Considering how unavoidably I was delayed from apjiear- 



COLONIAL RECORDS. 411 



ing (being frozen up with my vessell &r from Eden ton and not posible to 
come to it any otherwise than by water which detained me till Wednes- 
day last in the afternoon from my plantation) that I should so imme- 
diately on my very first appearance be pressed to a hearing and that after 
Examination of the Evidence of the Complainants against me I was not 
allowed time to produce those in my defence this I expected because as 
I moved last night I remembered well it was the method observed in the 
Complaints between Sir Richard Everard and M' Lovick against each 
other but this I shall take more particular notice of at another time and 
place. As to the reason given by His Exoelly that because I am sus- 
pended as a Judge of the Admiralty it is not therefore proper I should 
be continued a member of Council I beg leave to observe that supposed 
I was fully convinced of the Charges against me as Judge yet these facta 
were all done before my being in the Council I would therefore b^ leave 
to make this Query Whether after I am nominated by his Majesty of his 
Council in this province and Qualified according to the Law Facts done 
before no wise respecting that office may be Exhibited against me and 
allowed a Sufficient Reason for turning or throwing me out of the Coun- 
cil And if the Governor and Council Shall be of that Oppinion I hope 
it may a standing Rule and that others be also Examined as to past 
actions of their Life before their being in Council as well as me 

5thi7 ^g ^ ^|jg g^j^ Article I must observe as before as to the Greneralty 
of the Charge and the Language bestowed on me (as yet I hope one of 
his Majesties Council by his Excelly in the present case my Judge at 
least one of my Judges as to the prosecutions Indictments and so forth 
against me I beg leave to say that others have been Indicted before me 
and that every accused is not to be concluded Guilty and therefore this 
is no Reason for Suspension or for throwing on me such )iard names if it 
were it would be an Easy matter to make the most Innocent person 
deserve it and to have bestowed on him the Titles of ill Fame and Charac- 
ter and a Profligate Person 

To conclude as your Excelly hath been pleased to suspend me as Judge 
of Vice Admiralty I think it a most insurportable Grieviance that aft^r 
I put in my first paper yesterday prayed reasonable time to make answer 
to the Complaints of Mr Little your Excelly not only overuleii the same 
but my