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Full text of "The State records of North Carolina"

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Cornell University 
Library 



The original of this book is in 
the Cornell University Library. 

There are no known copyright restrictions in 
the United States on the use of the text. 



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THE 



COLONIAL RECORDS 



OF 



NORTH CAROLINA 



PUBLISHED UNDER THE SUPERVISION OF THE TRUS- 
TEES OF THE PUBLIC LIBRARIES, BY ORDER 
OF THE GENERAL ASSEMBLY 



COLLECTED AND EDITED 

BY 

WILLIAM L. SAUNDERS 

SECRETARY OP STATE 



VOL. 11-1713 TO 1728 



RALEIGH 

P. M. HALE, PRINTER TO THE STATE 

1886 



" I 



UNIVERSiTYj 
LIBRARY 



Copyright, 1886, by William L. Saunders, Secretary of State, 
for the benefit of the State of North Carolina. 



PREFATORY NOTES TO SECOND VOLUME. 



The second volume begins with the year 1713 and closes with the end 
of the Proprietary Government in 1728. 

But is 1728 the true date? The facts seem to be that on or about the 
11th July, 1728, the Crown concluded negotiations with the Proprietors 
by an agreement for the surrender of their charters ; that the colonists 
were notified thereof on or before the 12th December, 1728; that from 
and after that date official papers from the colony were sent, not to the 
Proprietors as hitherto had been the custom, but to the representatives 
of the Crown ; that the Proprietors thought their authority was at an 
end; that the Judge of the Court of Admiralty, the Secretary, the 
Council and the Governor of the Province, also, thought the transfer had 
actually taken place; that upon further reflection an act of Parliament 
was considered by the Crown authorities necessary to the legal surrender 
of the government ; that the Lords Proprietors expressed great surprise 
thereat and asked that the surrender be accepted at once, or that they be 
restored to their rights under the charters; that some time before the 1st 
June, 1729, an act of Parliament was passed "establishing an agreement 
with seven of the Lords Proprietors for the surrender of their title," &c; 
that in pursuance of this act a further for^nal deed of surrender was made 
by the aforesaid seven Proprietors to the Crown on the 25th July, 1729 ; 
that the first Royal Governor did not enter upon the discharge of his 
duties until February, 1731 ; that in the interim Governor Everard and 
the other appointees of the Proprietors continued in office ; that the Leg- 
islature met and passed laws, using the customary enacting clause, and 
that it was not until after the arrival of the Royal Governor that there 
was any requirement that statutes should run in the name of the Gov- 
ernor, Council and Assembly instead of the Palatine and Proprietors. 



iv PREFATORY NOTES. 



Upon this statement of facts it is submitted that the government of 
the Lords Proprietors came to an end practically in North Carolina in 
1728, and not in 1729, as is commonly stated. 



In 1712, Colonel Barnwell having been rendered unfit for further 
service by his wounds, returned to South Carolina, and Colonel James 
Moore with a second force of Indians came to the help of the colonists in 
North Carolina. On the 26th March, 1713, Colonel Moore captured the 
Indian fort on Contentnea creek and thereby virtually ended the war with 
the Tuscaroras. A treaty was made in which twenty of the ringleaders 
in the massacre of 1711 were agreed to be surrendered to the colonists for 
punishment, and King Tom Blunt, as he was called, was recognized 
as King of all the Tuscaroras who remained. The others are said 
to have gone to New York, where they became the sixth of the tribes 
called the "Six Nations." Blunt seems ever afterward to have been a 
faithful ally. But the Indian troubles did not end with, the Tuscarora 
war, for as late as 1718 the colonists were still putting troops into the 
field to "catch or kill Enemy Indians." As might be expected, the con- 
dition of the colony for several years was a deplorable one, the people 
being "exceeding poor and distressed" because of the war, whereby they 
were not only decreased greatly in numbers but suffered very much by 
destruction of cattle, houses and plantations. The war was a cruel one. 
Every Indian who was captured was either killed or made a slave. The 
right to make slaves of captive Indians seems not to have been ques- 
tioned, and the opportunity to exercise this right was the great induce- 
ment offered to the South Carolina Indians to come to North Carolina 
under Colonel Moore and fight against the Tuscaroras. In 1713 Colonel 
Pollock, then acting as Governor, bought from the Council eight Indian 
captives at £10 per head for shipment to the West Indies. 

War was then, as now, an expensive undertaking, and this war saddled 
upon the colony a debt that could be met only by the emission of paper 
obligations. The first was in 1712 for £4,000, and the next for £8,000. 
These were the first paper certificates of public indebtedness ever issued in 
North Carolina. Up to this time taxation had been levied only upon the 



PREFATORY NOTES. 



poll, but to meet the present emergency it was also levied upon real estate. 
In the course of a few years the colonists found it necessary to resort 
to still other issues of paper money. In 1714 £24,000 were issued for 
future needs and to redeem the currency already out. In 1717 the 
amount then out was supposed to be about £16,000. In 1722 £12,- 
000 were issued, that being supposed to be sufficient to redeem the whole 
issue then out, less the defaced and lost bills. In the year 1729 also, bills 
of currency to the amount of £40,000 were issued, rated at 500 per cent, 
exchange, £10,000 to be applied to the redemption of former bills and 
the remaining £30,000 to be lent out at 6 per cent, interest on land 
security, the same to be paid in fifteen years in equal payments. The 
value of the bills being uncertain, the Assembly reserved to itself the 
right to declare at their first meeting annually at what exchange the bills 
should pass. 

In this great crisis in the affairs of the colony, brought about by the 
war, the Lords Proprietors, instead of extending a helping hand to save 
their property from destruction by the Indians, were avaricious enough 
to demand their rents in silver, a requirement that the people of the col- 
ony in the best of times were unable to meet. Indeed, owing to the great 
scarcity of coin in the country, the colonists had years before been com- 
pelled to make the ordinary articles of traffic a legal tender at certain fixed 
rates established by law, and suits were brought for so many pounds of 
tobacco for example, instead of for so much money in pounds, shillings 
and pence. 



In 1713, the Proprietors having forbid further hostilities toward Cary 
and his adherents, and Governor Hyde having died, Colonel Pollock 
became Governor as President of the Council, and peace and better order 
obtained in the government. Pollock admits in one of his letters that 
the Quakers, under his administration, were good citizens, a fact doubt- 
less due in great degree to the cessation of hostilities against them. 

In 1715, North Carolina had an opportunity to repay South Carolina in 
kind for her prompt and generous assistance after the massacre in 1711, for 
in 1715 the Yemassee Indians made war on the whites in South Carolina, 



vi PREFATORY NOTES. 



and put the government there to great straits. North Carolina thereupon 
at once sent to South Carolina, under the command of Colonel Maurice 
Moore, what forces she could. The aid thus extended was gratefully 
acknowledged by the South Carolina Assembly, who having invited 
Colonel Moore to the floor of the House, thanked him in person through 
their Speaker for the services he and his men had rendered. 

Bath was made a Port of Entry this year. Prior to this time the coast, 
it seems, was divided into two districts for the collection of customs, one 
being the District of Currituck and the other that of Roanoke. In the 
course of time the increase of population to the southward and the de- 
crease in water at Currituck and Roanoke Inlets made other Ports of 
Entry necessary. 

In this year, also, was made the first revisal of the acts of Assembly 
that has come down to us. This revisal left sixty-nine statutes in force, 
to-wit: "The six confirmed acts," as they were called, six other acts 
specially excepted from repeal, and fifty-seven other acts, then formally 
enacted, some new and some old. 

In 1716, Governor Eden and Governor Spotswood of Virginia seeing 
the difficulties in the way of determining the boundary line between the 
two colonies, agreed upon the compromise line which was finally run in 
1728, and is to-day the dividing line between the two States. 

In 1718, a change was made in the manner of selecting the members 
of the Council. Hitherto each Lord Proprietor had appointed a deputy 
and these deputies composed the Council. From this time, however, the 
appointment of deputies ceased and the members of the Council were 
named as such by the joint action of the Proprietors. 



In 1719, South Carolina threw off the Proprietary Government and 
claimed and received the protection of the Crown. She was led to take 
this step not from any advanced views in regard to government, but 
because, in the straits to which she had been reduced by the Indian war, 
the Crown only was able to extend the help necessary to her existence. 
Appeal after appeal having been made to the confessedly helpless Lords 
Proprietors, and in vain, the colony sought and found refuge in the strong 
arms of the King, 



PREFATORY NOTES. vn 



This action of South Carolina aroused great indignation in the bosoms 
of the Governor and Council of North Carolina, so they said, and very 
naturally, as they were appointees of the Lords Proprietors, and in 
conscience and truth men might well be excused for not being in haste 
to get under Royal rule. It is true too, doubtless, that the weaker the 
government was the better suited it was to the tastes of the people of 
North Carolina. It mattered not to them whether it was called Royal or 
Proprietary, for until they took the government into their own hands 
they knew it only by the burdens it imposed. Whatever protection they 
enjoyed came from themselves. 



About this time, or a little before, were sown the seeds of a dispute as 
to the boundary line between North and South Carolina, a dispute that 
did not end until 1815. Its origin was something after this wise: The 
Lords Proprietors determined to erect a third government in their prov- 
ince of Carolina with the Savannah river as boundary between it and 
South Carolina. The proposition to form a new government, with the 
Savannah river as the northern boundary (substantially what the present 
State of Georgia is) threatened South Carolina with fatal contraction of 
territory. 

At first the northern part of the province was described as that por- 
tion of it lying " north and east of Cape Fear," and the southern part as 
that part lying " south and west of Cape Fear." As early, however, as 
1665, the county of Craven was described as lying south and west of 
Cape Roumania, Craven constituting the southern part, Clarendon un- 
doubtedly belonging to the northern part of the province, and for years 
the Santee river was recognized as the real boundary. The county of 
Clarendon becoming very soon once more a wilderness, uninhabited save 
by Indians and beasts, the question of boundary was one of no practical 
importance. When, however, threatened with the Savannah river as her 
southern boundary, South Carolina very naturally became keenly alive 
to the importance of her northern line, and sought at once to fall back 
northward from the line of Cape Roumania and the Santee river to what 
she claimed to be the earlier line of Cape Fear and the Cape Fear river. 



viii PREFATORY NOTES. 



Certainly with the Savannah river for one boundary and the Santee for 
the other, South Carolina would indeed have been in a narrow strait, and 
it was natural for her to make a vigorous fight for a larger share of the 
province in which she and her northern sister had lived so long as tenants 
of the same owner. On the other hand, to have made Cape Fear river the 
boundary would have been equally hard on North Carolina. In point 
of fact it never was a boundary, and in this connection it must be borne 
in mind that while the Cape was known as Cape Fear from the begin- 
ning, the river was first known as Charles river, then as Clarendon river, 
after which it came to be called the Cape Fear river. 

It was not until after the purchase of the province by the Crown that 
anything like the present line was indicated, and then it was done after 
consultation with the proposed Governors of the two colonies, and doubt- 
less as an equitable compromise between the Santee and Cape Fear lines. 

The change in tone of South Carolina toward North Carolina after her 
transfer to the Crown, was very marked. When she too was a proprie- 
tary government she was kindly enough, but immediately she got under 
royal rule her airs of superiority generally were worthy of the Virginia 
officials in their most arrogant days. The South Carolina agents in Lon- 
don went so far, in 1720, as to ask that North Carolina be blotted out, 
one part to be given to Virginia and the other to South Carolina, for the 
reason that it was the receptacle for all the rogues on the main land in 
America. In 1722 they were formally instructed by their Legislature to 
urge that North Carolina be made a dependency upon South Carolina. 
See documents of those dates. 

But there was some excuse for South Carolina, remembering to what 
straits she was about to be reduced by the formation of a third government 
by the Lords Proprietors. 



In 1722, Governor Eden died, leaving a reputation tarnished, as many 
think, by the not groundless suspicion of having been the protector and 
partner of pirates. The Secretary of the colony, Tobias Knight, who 
was also a member of the Council, wns formally accused of being an 
associate in crime with the notorious pirate commonly known as "Teach 



PREFATORY NOTES. ix 



the Pirate," or "Bluebeard." The Governor and Council quite as 
formally investigated the charges and gravely pronounced him entirely 
innocent. It was to this scandal that Colonel Moseley referred when he 
told Governor Eden he could find men to arrest him, but could find none 
to arrest pirates. 

In 1722, Beaufort was made a Port of Entry. 

In January, 1724, George Burrington was sworn in as Governor of 
the colony, and in July, 1725, was removed from office. The reasons for 
his removal are not given officially, but it was officially suggested by the 
Lower House of Assembly that it was because he was suspected of' a 
design to transfer North Carolina to the Crown, as South Carolina had 
been transferred in 1719. His prompt re-appointment by the Crown 
after the purchase of the colony from the Lords Proprietors would seem 
to indicate that there might be some truth in the suggestion. But if a 
tithe of what was sworn to as to his violence, both in speech and action, 
be true, the wonder is that he got away from the colony alive, and not that 
a conspiracy was formed to kill him, as he alleged. 

Sir Richard Everard succeeded Burrington and continued to act as 
Governor until Burrington's second appearance on the scene, when he 
came as a Royal Governor. He fully sustained the character attributed 
to Burrington for bad language and violent, lawless action. This decla- 
ration may seem harsh, but it is submitted that the documents printed in 
these volumes demand that it be made. It will be borne in mind, too, 
it is hoped, that Eden, Burrington and Everard, and in fact the govern- 
ment officials generally were, then, not North Carolinians but needy ad- 
venturers, who came over here to make their fortunes at the expense of 
the colony — a cormorant brood in that day, at least, not equalled in 
America. 



Inured to danger, and accustomed to meet it unaided, and seeing no 
strength in the government over them, save that which lay in their own 
strong arms and brave hearts, the people of North Carolina, as might 
have been expected, felt but little respect for the Lords Proprietors or 
their representatives. When the government was in accord with the 



PREFATORY NOTES. 



people, it was well; when it was not, so much the worse for the govern- 
ment, for the people were stronger than the government. 

In 1675, when the colony was only twelve years old, the people turned 
out their Governor, Colonel Jenkins. How many Governors they turned 
out before that time we do not know. There were then not more than 
1,500 males, of all ages and colors, in the colony. 

In 1676, the Lords Proprietors declared that the North Carolinians did 
not understand their own interests, and would not regard the interests of 
the Proprietors. 

In 1677, 1678 and 1679, Miller and Eastchurch were turned out and 
the Culpeper Rebellion prevailed. 

In 1680, the Lords Proprietors reported to the Crown that since 1676 
there had been no lawful Government in North Carolina. 

The next unfortunate was Seth Sothel, or Southwell, whom, in 1689, 
the Assembly formally banished from the colony for one year, and from 
the government for all time. He was surprised, so the story goes, upon 
his own plantation and "clap't into a Logg House" and there kept pris- 
oner until "he renounced the Government and took and subscribed a 
strange oath." Now Sothel was not only a Governor, but a maker of 
Governors, for he was a Lord Proprietor, and as such a chartered abso- 
lute master of the soil, if not of the people as well, of Carolina. But for 
all that, the North Carolinians would not have him, and his brother Lords 
Proprietors would not attempt even to force him upon them unwillingly. 

In 1690, Governor Nicholson reported that the North Carolinians were 
a very mutinous people. 

In 1708, 1709, 1710 and 1711, Glover and Hyde were turned out, and 
the Cary Rebellion, so-called, prevailed, until suppressed by a nlilitary 
force from Virginia. 

In 1710, Governor Spotswood, of Virginia, said the Governor of North 
Carolina was on so precarious a footing, and his authority so little, that 
he was forced to submit to others. 

In 1711, he said the North Carolinians were so used to turning out their 
Governors that they thought they had a right, to do so. 



PREFATORY NOTES. xi 



In 1712, Governor Pollock, of North Carolina, said the people were 
still stubborn and disobedient, and that pardon and amnesty had not pro- 
duced the desired effect. 

In 1715, the North Carolina Assembly, under the lead of Moseley, 

" Resolved, That the impressing of the inhabitants, ' or their property, 
under pretence of its being for the public service, without authority from 
the Assembly, was unwarrantable, a great infringement of the liberty of 
the subject, and very much weakened the government by causing many 
to leave it." 

This was the defiance flung by the people, through their Assembly, pub- 
licly, formally and officially, into the teeth of Governor Eden and his 
Council. Nor were the colonists any more complaisant to Burrington and 
Everard than they had been to Eden and Hyde. North Carolina was 
never a bed of roses for Colonial Governors. After ten years' personal 
knowledge of the people, Governor Burrington wrote officially to the 
Board of Trade, saying : 

"The Inhabitants of North Carolina are not Industrious but subtle 
and crafty to admiration, allways behaved insolently to their Governours, 
some they have Imprisoned, drove others out of the Country, at other 
times sett up two or three supported by Men under Arms All the Gov- 
ernours that were ever in this Province lived in fear of the People (except 
myself) and Dreaded, their Assemblys 

"The People are neither to be cajoled or outwitted, whenever a Gov- 
ernour attempts to effect any thing by these means he will loose his Labour 
and show his Ignorance * * - * They insist that no Publick money 
can or ought to be paid but by a claim given to and allowed by the House 
of Burgesses." 

In a word, as Urmstone, the Missionary, said, the people respected no 
authority that did not emanate from themselves, and a Lord Proprietor, 
even if there in person, was "no more regarded than a ballad-singer." 



From the documents printed thus far it will be seen that for many 
years the colony was of very slow growth, and that the reasons therefor 
were, 



xii PEEFATORY NOTES. 



1. Neglect of the Lords Proprietors, who devoted themselves to build- 
ing up the colony at Ashley river and left the one at Albemarle severely 
alone, to be cared for as best it might. From the very outset Ashley 
river was their objective point, and to its settlement they bent all their 
energies, as is evident from their instructions to Yeamans when sent to 
Clarendon. 

2. Want of Ports for Heavy Shipping. — Without ports there were 
of course neither towns nor commerce save the coast trade, which was 
easily monopolized by the enterprising traders of the older colonies in 
New England that had been settled long enough to accumulate capital. 
But it was not upon the commerce of the colony only that the want of 
ports acted injuriously. For the want of suitable ports negro slaves were 
not imported directly into North Carolina, and the planters there were 
forced to buy from Virginia and South Carolina. The slaves so bought, 
as experience proved, were both high in price and poor in quality, and in 
this very important particular North Carolina was at great disadvantage, 
compared with Virginia and South Carolina. 

3. Want of Mills. — This was a serious drawback, as it compelled the 
use of New England flour although wheat grew in Albemarle in great 
abundance and made the trade with New England very profitable to the 
New Englanders. The scarcity of mills and' the inconvenience arising 
therefrom are apparent from the existence of a statute passed as late as 
1715 making mill-sites public property as it were, upon which any man 
who would, might put up a grist mill, whether water mill or windmill, 
if the owner failed to do so. No man in Albemarle might keep a mill- 
site unused. More suggestive reason than this, why, with all their abun- 
dance of Indian corn and English wheat, the people of the Albemarle 
depended upon the New England skippers for flour and meal, even 
though, as was complained, some of the flour was no better than ballast, 
could scarcely be devised. Wheat and corn of home production were 
indeed in the greatest profusion, but meal and flour of home production 
for want of mills were both scarce in quantity and poor in quality. 
And hence, doubtless, the origin of the homely phrase descriptive of the 
diet of the country, "hog and hominy," hominy in that.day not being 



PREFATORY NOTES. xm 



made in mills but in mortars, and hogs being abundant as a consequence 
of abundant corn and inadequate transportation. According to DeGraf- 
fenried, in 1710, "there was in the whole province only one wretched 
water mill." The wealthiest people used hand mills and the poorer 
people pounded their grain in mortars made of oak. 

4. Persistent Hostility of the Grown, its Agents and the British Merchants 
to Proprietary Governments. — North Carolina was not, like Virginia, 
a Royal Province, but private property that the British Crown had 
heedlessly parted with and was constantly seeking to regain posses- 
sion of by purchase, quo warranto, or otherwise. The proceeding would 
doubtless have been a summary one had it not been that some of the 
Proprietors were peers of the realm whose rights could not be trampled 
upon with impunity. This hostility is apparent at a glance, upon inspec- 
tion of the records, chronologically arranged. Step by step the Crown 
proceeded, but always in the same direction. In spite of the charters, it 
was required that the Governors of Carolina should receive Royal appro- 
bation before installation, and that they should give bond and security 
for the discharge of navigation and trade laws ; Attorney-Generals for 
the colony were appointed by the Crown ; Admiralty Courts were also 
created by the Crown to override the local courts; the Crown also 
assumed the right to repeal colonial laws. In a word, one encroachment 
after another was made upon the rights of the Proprietors until they 
gave up the contest and surrendered their charters. 

Looking to this end, too, there was a stream of misrepresentation, slan- 
der and abuse of the Proprietors constantly flowing from the representa- 
tives and agents of the Crown. 

5. Enemy Indians. — One would think from our historians that the 
Red men in Albemarle were the gentlest, if not the loveliest of their 
sex, and that they lived in the utmost peace and harmony with the pale 
faces prior to the great massacre of 1711. Yet the records show, as we 
have seen, that as early as September, 1666, there was an Indian "inva- 
sion," so called, in North Carolina, of such magnitude as to prevent a 
messenger from leaving the colony, and from the common use of the 



xiv , PREFATORY NOTES. 



term "enemy Indians" it would seem that hostilities with the Indians 
were not unfrequent. 

The effect of all this in retarding the growth of the country was very 
great, both in driving old settlers away and in preventing new ones from 
coming in ; so much so that for years after the massacre there was scarcely 
any perceptible increase in the population. A settlement in which the 
government was impotent and the Indians hostile, cruel and barbarous, 
was not an inviting place to stay in or to move to. But for the timely 
aid the people received from South Carolina the settlement on the Albe- 
marle might have been blotted out as effectually as that at Roanoke, one 
hundred and twenty-five years before. Certainly for years, even with 
help from abroad, the colony withered and shrunk under the blighting 
influence of that horrible massacre and the war that followed. 

6. Conduct of Virginia. — The prolonged controversy between Vir- 
ginia and North Carolina about their boundary line doubtless did much 
to retard settlement in the disputed territory, but the Virginia Acts of 
Assembly, beginning in 1679 and continuing until after 1729, forbid- 
ding North Carolina tobacco to be carried into Virginia, did a great deal 
more to retard the growth of the Albemarle settlement. North Carolina 
having no port of her own and tobacco being her money crop, the Virginia 
embargo virtually excluded her from the markets of the world. 

The productions of the country would seem, indeed, both in quantity 
and quality, to justify, in great degree, the extravagant praises heaped 
upon it by the earlier writers, and under different circumstances, doubtless 
would have made it prosperous. In 1707, Robt. Holden, who had been 
Collector of Customs in Albemarle as far back as 1679, writing to the 
Lords Proprietors about North Carolina, says : " It has barred Inlets into 
It; which spoyles the trade of it and none but small vessels from New 
England and Bermudas trades there. The soyle is more lusty than South 
Carolina. It produceth Tobacco; Indian Corne; English Wheat in 
abundance. Beef, Porke, hides, Tarr and so consequently pitch, and 
Furs as Beaver: Otter: Fox and Wild Cat skins, deare skins; Tanned 
Lether, Tallow," &c. 



PEEFATOEY NOTES. xv 



With corn and wheat and beef-cattle and hogs and poultry and game 
and fish and fruits in abundance, the colonists ought to have had the best 
of good living. That Albemarle was a granary of Virginia and her 
butcher-pen we know. But what availed it if the North Carolina soil 
was more lusty than that of South Carolina? What availed it if the 
North Carolina tobacco was better than that of Virginia, as Governor 
Everard declared it to be? and what availed it if North Carolina "hog 
and hominy" were abundant to excess? North Carolina had no port and 
Virginia embargoed her tobacco, her great money crop. 

In 1728, Governor Everard reported to the Lords Proprietors that two 
great causes destructive of the trade of North Carolina were the Virginia 
embargo and the lack of a free port on the Nansemond Eiver. In the 
same year, too, the North Carolina Commissioners that ran the line 
between North Carolina and Virginia, expressed in their journal their 
regret that the line had not run a few miles more northerly and the con- 
sequent "loss of Nansemond Eiver, as it would have given a port for 
shipping tobacco, which the Virginians, by their hard tobacco act, have 
restrained, that would leave North Carolina a large and more flourishing 
country." There was then no Federal Constitution to prevent embargoes 
and other like unneighborly acts. There were then no railroads to give 
one colony access to the ports of another. 

Mr. Fitzwilliam, the Surveyor General of the Customs in the Southern 
Provinces in America, who was also a member of the Virginia Council, 
protested against the passage of the Virginia Act of 1726, among other 
reasons, "because the restraining the people of North Carolina from selling 
or shipping off their tobacco to Virginia, when they have neither ship- 
ping of their own, nor ports to receive them, must of consequence force 
them upon manufactures of clothing for themselves, since they are thus 
prevented of all supplies by the produce of their labor, and thus by a 
partial restraint of trade from one part of his Majesty's dominions to 
another his Majesty's customs are lessened, the consumption of British 
manufactures diminished, and instead thereof a country which begins to 
grow numerous laid under the necessity of falling into manufactures of 
their own, for it is impossible to imagine that a number of people should 



xvi PREFATORY NOTES. 



continue long under the want of necessary cloathing without exerting their 
industry, especially when the country they inhabite is capable of furnish- 
ing them with materials." 

These were the causes, and enough they assuredly were, that discouraged 
adventurers from settling there. North Carolina could reach the world 
only through hostile channels that gave an unfriendly coloring to every- 
thing connected with the Colony. The result was that adventurers went 
elsewhere. The policy of making the place odious was rigorously enforced, 
and the days of rose-colored immigration circulars were at an end. 



It must not be too readily assumed that the evil days ended with the 
Proprietary period, and that peace, plenty and prosperity began with 
Royal rule. As a matter of fact, the colony began its transition toward a 
better material condition during or perhaps even before the time Burring- 
ton was first Governor and before the Proprietors surrendered their char- 
ters. His administration as Proprietary Governor was a brief one, being 
only about a year and a half in duration, yet he says that in that time not 
less than a thousand families came into the colony and that a far greater 
number would have come had they not heard of the great scarcity of pro- 
visions brought about by a great mortality that prevailed among the stock 
and a mighty storm that destroyed the corn in the preceding autumn ; that 
great improvements were made in husbandry; that he was just about to 
inaugurate measures to establish a direct trade with Jamaica to supply 
the colony with rum, molasses, salt, &c; that the Cape Fear settlement was 
in great measure, if not entirely, due to his wise foresight and fostering 
care; that the militia which, on his arrival, was in strange disorder, was 
regulated to the satisfaction of all people, and that justice was so duly 
administered that no complaint was made to him or to the Council and 
no suit brought against officer, civil or military. How much truth there 
is in this statement it may not now be possible to determine, though there 
is doubtless enough to show that the colony had before this time begun to 
rally from its long years of prostration and was entering upon a career 
of prosperity and development. Certainly the demand for land was so 
great that in April, 1724, the Governor and Council upon petition of the 



PREFATORY NOTES. xvn 



Assembly, re-opened the Land Office in violation of the instructions of 
the Lords Proprietors. Mr. Fitzwilliam, too, the Surveyor-General of 
the Customs, as we have seen, in his protest against the Virginia Tobacco 
Act of 1726, said the colony had already begun to "grow numerous." 

The truth is, doubtless, that the colony having at last outgrown the 
obstacles to its progress could no longer be kept back. The growth 
of the papulation shows this. In 1717, Colonel Pollock estimated 
that there were 2,000 tithables in the colony from whom taxes could 
be collected, as a basis for a scheme for meeting the public indebted- 
ness. Two thousand tithables mean about 9,000 population, black and 
white. In 1735, the white population alone was, according to Henry 
McCulloh, near 40,000; in 1732, according to Burrington, the whites 
were "full 30,000 and the negroes about 6,000." From the testi- 
mony of Pollock, Burrington and McCulloh, therefore, it would seem 
that, the estimate of population in North Carolina in 1729 usually 
accepted by historians is much too low. Counting both black and 
white, the population would seem to have been three times greater. 
According to the historians, the population was between 10,000 and 
12,000. According to cotemporary statements, it must have been nearer 
to 30,000 or 35,000. The variance is certainly very great, and the 
weight of authority seems to be against the historians. Beginning with 
such an underestimate it was, perhaps, only natural that the historians 
should continue in error as to the population until the taking of a census 
rendered error no longer possible. But however natural the error was, 
it might easily have been corrected at a much earlier day than 1790, for 
there were data of record, some here, and others in the Public Record 
Office in London, from which a reliable approximation, at least, might 
have been made as to the population. The figures will be given here- 
after. 

The happy time was long in coming. Indeed, it may well be doubted 
whether the history of any other American colony shows a struggle for 
existence as prolonged as that through which North Carolina passed in 
the days of her Proprietors, or as hard. But those days of adversity 
were not without their good results, constituting, as they doubtless did, 



xviu PREFATORY NOTES. 



the formative period in the character of the people. Shut in on every 
side and left to struggle with her enemies as best she might, unaided and 
alone she worked out her own salvation. Now she looks back to that 
period of her existence as men look back to the hunger and the thirst, the 
heat and the cold, the weary marches and countermarches, the hard-fought 
battles of campaigns in which they have borne their flag to honor and 
to victory. North Carolina can well afford, too, in this her day of great 
progress and development, to laugh at the ill temper and ill words of 
writers and neighbors in her early colonial days, for to-day, as a State, 
she stands the confessed peer of the proudest. 



The purpose of the Crown and of the British merchants to make the 
colonies mere "hewers of wood and drawers of water" for themselves 
was unmistakable. The colonies, indeed, were not well planted, even, 
before an irrepressible conflict began between them and the mother 
country and her merchants — irrepressible certainly in North Carolina. 

The British theory about colonies was that they were permitted for the 
benefit of the Crown and the mother country. The interests of the colo- 
nists in the premises seemed not to be a matter for consideration at all. 
To this end, all legislation was shaped, that is to say, to increase the 
revenues of the King and to promote the business interests of England. 
To this end, particular agricultural products were encouraged, while 
others were not ; to this end, certain manufactures in the colonies were dis- 
couraged; to this end, the trade of the colonies was by law controlled in 
the interest of England; and to this end, in short, whenever a conflict 
occurred, the interest of the colony was to be subordinated to that of 
England. This policy was carried so far, that it was even sought by 
Eoyal proclamation to control the prices at which foreign coin should 
be rated for circulation in the colonies, lest the rates should be fixed to 
the detriment of the King and the merchants. 

Such a policy, difficult of execution anywhere, unless colonists were 
content to be "hewers of wood and drawers of water," merely, to the 
people "at home," was especially difficult of practical execution in the 
proprietary governments that existed under chartered rights from the 



PREFATORY NOTES. xix 



Crown, conferred by letters patent under the broad seal. Conflicts of 
interest were of course inevitable, and the local governments being in 
the hands of the representatives of the Lords Proprietors, their interests 
were naturally enough first cared for. It followed therefrom that the 
Proprietary governments, in their practical operations, found favor 
neither with the Crown nor the business men of England, and the Pro- 
prietors being the weaker party in the struggle, it soon became a question 
of time only when a pretext would be found or invented for enforcing 
by the surrender of the charters that had been so improvidently granted, 
the restoration of the provinces to the Crown. Of course such a 
policy could last only so long as backed by superior force, and in its 
execution are to be found the seeds that fruited in the American Revo- 
lution of 1776. 



Memorandum. 

In printing these volumes "copy" has been strictly followed, the 
Editor not feeling authorized to take any liberties with the text, a fact 
that will account for many readings that would otherwise seem to be the 
result of careless proof-reading. For example, in the Legislative Jour- 
nals of 1725, John Baptism Cushe appears as the name of one of the 
legislators. The person intended was without doubt John Baptista Ashe, 
but for the reason given above the name was printed as written. 



COLONIAL RECORDS. 



1713. 

[Council Journal.] 



The Hon W8S 



Esq 1 L ds Pro 1 " 8 Dep* 



North Carolina 

Att a Councill holden at y" house of y° Hon ble Tho" Pollock Esq 1 in 
Chowan on ffryday y 8 9 th day of Jan r * 17f| 

Present the Hon bl8 Tho 8 Pollock, Esq 1 &c 
Tho" Boyd 
Nath Chevin 
W m Eeed 
Christo Gale 
T. Knight 

Whereas by an act of Assembly Instituted an act for defraying some 
part of y° publick charge It is Enacted That an Exact list of the Claims 
due from y 8 publick within every respective precinct sho d be exactly 
drawn up by y 8 C? k of y° Assembly & examined & attested by the Sec' 7 
and Speaker of y" house of Comons on or before y 8 25 th day of Xber 
last and then forthw th deliver to y e Treasurer of every respective precinct 
togetherw" 1 a Due number of y" public bills in proportion to the Debts 
Due in y" said precinct as af sd which said Bills shall be paid on Demand 
to y" severall Claimers proportionable to their Claimes. 

And whereas it doth appeare to this Board that Robert Hicks ye p'sent 
C lk of y* Ass" 7 hath hitherto refused & neglected to draw up y 8 afore ,d 
lists of Claimes, soe that it might be attested and delivered as af d to the 
great Detrim' of y° said Claimers as well as to y" great disincouragem* of 
men to serve y e Country for y" future and in contempt of y 8 at* 4 act. 

It is therefore Ordered by this Board that y 8 said Robert Hicks make 
his person 1 appearance before this Board at y" house of the Hon We the 
Presid' on Saturday y" 11 th of this Instance Jan ry to answare y" said com- 
p 1 ' Upon examination a Senottoway Indyan taken by one of y 8 South 
Carolina Indyans in their march hither It dos appeare y* y" s d Indyan 



COLONIAL RECORDS. 



was sent by y" Seneca's persuant to an order from y e Goverm* of New 
Yorke to Caution y" Tuscaroras ag' going to warr w th y" English here for 
w oh reason it is thought fitt that y 6 said Indyan be purchased from ye 
s d South Carolina Indyan by the publick and sent back to his owne na- 
tion and therefore it is ordered & agreed that y" Hon We the Presid' doe 
purchase y" said Indyan on behalfe of y° publick and take care that he 
be sent as afs a that in consideration of y" said Presid 48 paying for y e said 
Indyan & for y e trouble he has had w th y" rest of y" Indyans he doe have 
and take to his own use three Tuscaroro men & one Mattecumska now in 
his custody. 

It is Ordered by this Board that y e Comission r appointed to make out 
the publick Bills of Creditt doe forthw th proportion out y e Said Bills ac- 
cording to y° Debts Due from y° publick in every p'cinct and deliver y e 
same to ye severall Treasurers in each precinct together w th y 6 Claimes of 
y" said precinct soe Soone as they are Examined and attested persuant to 
y* act of Assbly in that behalfe made and that noe father delay be made 
in that Case as they will answer y e Contrary att their perrills 

It appeareing to this Board that two Core Indyans taken and sent in 
hither from Verg a are Slaves belonging to one M r Drayton & one M r 
Wright Inhabitants of South Carolina 

It is ordered that y e Said Indyans be delivered to Co 11 James Moore 
for y e use and on behalfe of y e Owners afs a 

Upon Petition of John Browne on behalfe of himselfe and und r his 
comand in y" Garrison at Shackelfords plantation praying Liberty 

to plant Come on y" said plantation 

Ordered that y" people in y e afs 4 Garrison have liberty to plant Tend 
& Gather Corn on y e Said plantation dureing the time they Keep Gar- 
rison there as afs d 

Then this Board Adjourned till Monday Morne next. 

Monday Morne Jan^ 12 th this Board niett againe present ut supra 
ecept T Knight 

Whereas the Hon ble Rich 4 Sanderson Esq' Dep'y to y 8 Heyres of Seth 
Southell dec'd One of Lds prop'™ of this province hath not for a Con- 
siderable tyme past given his attendance on y" Councill or Assembly 
nor given any reason why he dos not Come 

And Whereas y" present Emergencys of y 6 Governm' require y e said 
Sanderson 8 attendance or some other in his stead 

It is therefore Ordered by this Board that y" said Rich" Sanderson doe 
give his personall attendance at y e next Councill (having notice thereof) 



COLONIAL RECORDS. 



or that he be suspended in y" Said Deputacon and some other fitt person 
be appointed in his stead And that y e Sec tJr doe take Care to send a Copy 
of this Order to him — 

Whereas Information has been made to this Board that Benjamin Tull 
under pretence of authority hath Impress'd and Kill'd severall Beefs of 
which he hath rendred noe account and hath in a Contemptable maner 
abused y" precinct Court of Corratuck and divers other matter of the 
like nature 

"Whereupon it is Ordered by this Board that y" provost marsh" or his 
Deputy doe take y 6 said Benja Tull into his Custody untill he doe give 
good Security to appeare at y 8 next Councill to be holden at Cap' Jn° 
Hecklefields on y° third day of y° next Gen 11 Court and in the meanewhile 
to be of his good behaviour. 

Mad m Catha Hyde Came before this Board and was admited to prove 
upon oath y e Importation of Eight person into this Governm' (Viz') 
Edw d Hyde Esq r M rs Penelope Hyde W m Clayton Jn° Lovick Mary 
Tudo James Gregory, Andrew Stephenson & her selfe 

Maj r Christo Gale was allowed to prove upon oath the Importation of 
of ffour rights for which he has not as yet taken up any Land (Viz*) 
himselfe twice his daughter Eliza and Author Harris and assigned y" 
same over to Co 11 W m Reed 

Whereas Co" Edw 4 Moseley was Instructed by the Assbly of this prov- 
ince to send an adress from y° said Assembly to y° Gov r of Virg" which 
said adress has been either Carelesly lost or otherwise Imbezled by y° said 
Moseley. 

Whereupon it is ordered by this Board that y° Provost Marsh" or his 
Deputy doe take y" said Moseley into his Custody untill he shall give 
good Security to appeare before y" next Assbly to answer y" afs d Neglect 
and that in the mean while he of his good behaviour 

It is Ordered by this Board that y° Hon ble the presid' Doe give such 
Instruction as he shall think fitt to Maj r Gale who is hereby appointed 
to wait on „y 6 Gov r of Virg a in order to Consert Such measures as may 
be thought proper in y 6 disposal of w' moneys or other things y e Gov- 
ernm' of Virg 1 has Contributed towards Carrying on y" Warr here ag' y° 
Indyan Enemy 

THO B POLLOCK 
THO" BOYD 
C GALE W m REED 

T KNIGHT N CHEVIN 



COLONIAL EECOEDS. 



[From Calendar of Virginia State Papers. Vol. 1. p. 161.] 



THO : POLLOCK TO GOV- SPOTS WOOD. 

Jan 1 " 15 th 17|f. 
Hon d S r 

Since mine by Charleton, I have rec 8 " four of yrs: on by the indians 
that came w th Tom Blunts brother, another by the Guard of the indian 
Priffoners — The 3 d by Charleton, and the laft came w* b goods in the 
cannoe: one teusday the 13th instant. And concerning our not sending 
in to you the indians Coheree and Hancock, I believe it never entered 
into Governo* Hyds thoughts, nor mine, nor any of the Counsels that ye 
would have defired it. And their crimes likewise being chiefly againft 
this Government wee did not imagine it could give any offence to have 
them suffer here : And non here ever questioned but if they had been 
brought in to you, you would have fent them in here to have Rec d their 
deferved punish"" — upon receat of y r honors' last letter, sent away a run- 
ner to Tome Blunt, to defire him to be in at M r Cottens on the 20 th 
inftant; And likewife have appointed the bearer Major Christopher 
Gale, our Agent, to concert what meaffures your honor thinks moft 
advantagious, for carrying on the war w* what y" Affembly hath raifed 
for us. Coll : Moore would lykewife willingly have come in, but the 
deftructione his indians make here of our Catle & Corne is intolerable, 
having already eat up a great deall of the corne that was rayfed by the 
Affembly to maintain the ware, and alfo deftroyed all the Catle wherever 
they have come, so that fome of the people here have been feemingly 
more ready to ryfe upe againft them, then march out againft the enemy. 
So that he is forced to march out w tb them, 'intending, to depart from 
hence on faturday next, and to attact the Fort, he was at in coming in. 

I am doubtfull wee f hall be put to a ftrait for provif ione for the army ; 
all the publick corne that is left, I fear will fcarcely be sufficient for the 
Forces twoe months, And such a fcarcity in the Countrey that no more 
I believe can be raifed, feverall people not being able to pay this last tax. 
So that I beleive ittwill be neceffary, if you thinke to send y l forces 
speedily to our affistance, that provifions be purchased for them out of 
the 1000 th - But if you doe not send them untill our Provif ione is cary d 

round, then wee shall be more capable to judge what we may want As 

for the 180 lb to be laid out in duffels (For fear of the mifcariadge of the 



COLONIAL RECORDS. 



supply that is expected from S th Carolina) I believe it may be convenient 
to reserve so much of it as may purchass three or four bariels powder & 
ball answera ble — If your honor thinke fitting to send out y e forces speedily, 
I leave it to your mature conf ideration, whether it may not be best, whill 
Coll Moore is attacking the further forts, that your forces f hould march 
to Tome Blunts, and either Force him to joine his forces w" yours againft 
the others or attack him as ane enemy. Butt if you thinke it more fitting 
when some Coll Moore's indians (having got fome f laves by taking a fort, 
or fome other blow) have left him, then to fend out yr e Forces to joine 
him to proffecute the warr w' h vigoure and reduce them to a neceffity of 
making Peace — For I am Really persuaded that untill the Tuscaroroes 
have had a fmart blow given them ther can be no Expectatione of a firme 
peace w th them. All w° h I leave to y r honors more ferious confideratione, 
not doubting of y r utmoft indeavor for the good and Peace of this poore 
diftreffed Country — I was much troubled to underftand that the Addreff 
from our Affembly was not caryed in and delivered to you as I had writt, 
and as I certainly expected — But I hope when y r honor hath perufed the 
inclofed (w cb is "a true account of the proceedings in that affaire fo far as 
I know, you will imput it only to my weakness and inadvertency in fault- 
ing too much to others : and can affure you to the best of my knowledge 
ther shall no falf hood to your honor nor no other slipe from his pen who 
fincerely is 

Your honors' 
most obedient humble Servan' 

THO: POLLOCK 



[From Calendar of Virginia State Papers. Vol. 1. p. 162.] 



21 January 1713. 
To Coll: Pollock (From Gov: Spotswood) 

Sir, 
Since an interview which I took so much pains to obtain & to make 
easy to you, hath not been judged of such importance as either to merit 
your presence, or the thoughts of your Government to instruct your 
Agents in any one overture for promoting your Service against the En- 
emy : And since I perceive, both, by your letters and their discourse, 
that I am not to expect any provisions for the Forces desired from hence, 



COLONIAL RECORDS. 



notwithstanding the expreff affurance thereof in your late address, I 
must now plainly tell you, that after having been twice thus baffled by 
your Affembly, I am discouraged from undertaking any thing further 
for your relief. And untill I understand that you have sufficient Maga- 
zines of provisions at Meherrin, Morattuck, & Jenitaatar Rivers, I shall 
not Resolve upon sending any forces: for I have not been used to make 
war after the Indian manner without any measures concerted or promises 
Regarded — I have made some proposals to your Agents for furnishing 
those provisions & Securing the Magazines, and for preserving a Com- 
munication over Morratuck River, which they will impart to you, as 
what I judge necefsary for profecuting the War with Eifect: and if you 
have any other proposals to offer, that may be feasable, I shal heartily 
concur with you in the Execution 6 of them. But I would not have you 
build your proposals entirely on the thousand pounds, for in my opinion 
that sum will be scarcely sufficient for the pay, alone, of such a number 
of men as in prudence may venture among the Tuscarura Towns, much 
less to furnish provisions withall. I am sorry you did not let me know 
sooner, your mind in relation to ye Duffells ! for you will observe by the 
account sent with Major Gale, that I have delivered him here, such a 
quantity of Cloathing as exceeds the sum given by our Afsembly above 
£16, besides the Charges of their transportation hitherto, occasioned by 
the necessity of imploying different persons to purchase them at remote 
places, and the hastening them hither for your service before the charge 
could be computed — You needed not have given yourself so much trouble 
to Appologize for the delay of your Afsemblys' Address : for it is the mis- 
management of weighty affairs, and not the miscarriage of such Trivial 
matters that can effect me — 



Hon 4 Sir 



[From Pollock's Letter Book.] 

Chowan, Jan'y 171f. 



By yours of the 21 s ' instant by Maj Gale I perceive your dissatisfac- 
tion at my not coming in. I really thought that Magor Gale and M r 
Peterson might have. easily offered such reasons for my stay as might 
have been satisfactory ; as the supplying the army with provision of every 
kind to carry out with them ; the fearing every hour of hearing of dif- 



COLONIAL RECORDS. 



ferences and quarrels between our people and the Indians. For the In- 
dians having destroyed all the stocks where they were ordered to be, be- 
gun to spread themselves further without orders, which put several peo- 
ple into such a ferment that they were more ready to Fall upon the South 
Carolina Indians, than march out against the enemy. 

And as for our agents they had such instructions as was thought nec- 
essary, and so far as could reasonbly be given, which I can easily make 
appear to your Honor, if — 

As for your proposals which I had account of from Major Gale of 
your supplying your forces with provisions, on condition the Deputies, 
in behalf of the Lords Proprietors Mortgage all the lands on the north 
side of Moratock, which to the best of my knowledge, is not in our 
power to do, having no such power given us, neither by the Constitution, 
temporary laws, nor no instructions for the Lords Proprietors, that ever 
I see or heard of. And as for our laying up stores of provision at Meher- 
rin, Weekacainie, and pawstantare (?) Rivers, before you can march out 
your forces. I believe there can be little said to that until we see how 
our provisions holds out howsoever, shall lay your proposals before the 
Council as soon as I can get them together, or have their Judgments 
therein, and shall send in their answer. As for your not desiring me to 
build projects entirely on the £1000; I am not conscious to myself of 
projecting anything thereanent unreasonable or impracticable. For you 
may see in a part of a paragraph of mine to you, Dec 28 th having men- 
tioned the £1000 I add, I thought it was a good reserve for the last cast, 
and it was not policy to venture all at one hazard, and In another part 
of a paragraph of the same letter — and as soon as the army is out, and 
we have a little propect how affairs are like to succeed, then to send a 
Deputy or two to give your Honor a true state of our condition, and to 
agree on such measures as you shall think most advantagaus for the peace 
of this government; and in my last to your Honor of Jan'y 15 th after 
having laid down the scarcety of provision in this Country, I add, I be- 
lieve it will be necessary, if your Honor send out forces to our assistance 
that provision be purchased out of the £1000, but if you do not send 
them in until provision is carried round then we shall be more capable of 
judging what we may want: by all which you may perceive I was not 
pressing for the present marching out of your forces ; which was for 
these reasons following: First, I thought Col Moore had a sufficient 
number of men, and that it was not prudence to venture all at one haz- 
ard, but better to reserve; Secondly, I doubted our ability in finding 
provision for all ; Thirdly, I had some fear that your forces joining Col 



COLONIAL RECORDS. 



Moore, quarrels and differences might arise between them, to the endan- 
gering the overthrow of the design. These were all the projections that 
I laid concerning the £1000, or marching out of your forces, that I knew 
of, and if I have erred in my judgment, I shall willingly yield to com- 
ply to what is more reasonable and practible. In the first address to 
your Honor I was not concerned, and in this last, tis true I signed it, and 
wish I were capable of performing it. And they have not only baffled 
your Honor and me, but also themselves, so that a considerable number 
of the inhabitants here are totally ruin of the government. Since trivial 
miscarriages do not effect your Honor, I would intreat the favor to in- 
form me if I have been guilty of any mismanagement in weight matters, 
thereby I might any way incur your displeasure, that if possible it may 
be rectified ; for knowing your favor is of great consequence to preserve 
the peace and quietness of this government, have therefore endeavored 
all I could to procure and preserve it, I have not to my knowledge, spoke, 
write or done anything that may deserve contrary, and shall willingly 
grasp at any oppertunity to rectify that I am 
By William Charleton 



[B. P. R. O. N. C. B. T. 7. p. 59.] 



Craven House Jan 17 y e 26 th 1712-13. 
Present 
Henry Duke of Beaufort Palatin 
John Lord Carteret 
Maurice Ashley Esq re 
S r Jno. Colleton Barr' 
Jno. Danson Esq™ 
Order'd that a Commission be prepar'd for Coll. Nicholson to enquire 
, into the disorders of North Carolina. 

That directions be sent to the President of North Carolina that the 
Brigantine belonging to Emanuel Low seized and condemned as forfeited 
to the Lords Proprietors be restored to the said E. Low or his heirs or 
assigns as a gift by the grace and favour of the Lords Proprietors 

This Case above being not represented fully and plainly to the Lords 
the consideration of that matter was adjourn'd till another time 
Adjourned till Saturday next to examine Coll. Rhett's accounts 



COLONIAL RECORDS. 



Craven House. Jan ry y e 31 st 1712-13 
Present 
John Lord Carteret 
Maurice Ashley Esq™ 
S r John Colleton Barr' 
John Dan son Esq 16 
Sign'd a Commission for Co" Nicholson to enquire into the troubles & 
disorders that were lately in North Carolina 

Order'd that Co 11 Nicholson have a copy of Gov r Hyde's Instructions 
&c. 

Order'd that a letter be writ to Co 11 Politick in answer to his two let- 
ters & to inform him that Co 11 Nicholson is coming with a Comm" to 
enquire into their late disorders and to command them to submit to his 
directions 

It was agreed by the Board that the Order that no Land should be 
sold in Carolina for the future but what was paid for at this Board be 
canceld upon the setling what sum in Carolina is equivalent to £20. in 
London & to be further consider'd of 



[B. P. E. O. B. T. Proprieties. Vol. 9. Q. 30.] 



31 January 171$. 
His Excellency, the Most Noble Henry Duke of Beaufort Palatine, the 
R' Hon" 1 " W m Lord Craven, The R' Hon ble John Lord Carteret, The 
Hon* 1 " Maurice Ashley Esq re Sir John Colleton Bar' and John Danson 
Esq r and the rest of the true and Absolute Lords proprietors of Caro- 
lina in America To the Hon Wo Francis Nicholson Esq r Greeting. 
Many Complaints having been Transmitted to us, relating to very 
great Disorders that have been lately committed in Her Majesty's Prov- 
ince of North Carolina, which Complaints tho in some Measure prov'd 
by Affidavits, have given us so Imperfect an Account of the said Disor- 
ders, that we were not thereby enabled, to lay the same before Her Maj' y 
to receive Her Royal : Commands relating thereunto ; To the end there- 
fore that Her Maj ty may receive a more certain Information of all those 
Illegal proceedings and Disorders, We reposing especial Trust and Con- 
fidence in the Ability Faithfulness and prudent Circumspection of you 
the said Frances Nicholson, have Nominated, Authoriz'd Constituted and 
Appointed, and by these presents do Nominate Authorize, Constitute and 
2 



10 COLONIAL RECORDS. 



appoint You the said Francis Nicholson, to be Our Commissioner to en- 
quire into the aforesaid Illegal proceedings and Disorders and by a full 
Examination of the Affidavits and Allegations on both Sides, to Informe 
us what was the Occasion of them and who were the Authors or Abet-_ 
tors of them and to represent to Us what you shall think to be the most 
proper Expedient to put an end to the same ; And we do hereby Author- 
ize You after you have made enquiry into the said Disorders, to appoint 
such persons as you shall think most fit and proper to represent Us as 
Deputies in the Council of the province aforesaid ; And we do hereby desire 
you to transmit to Us, an account of Your actings and Doings in Execution 
and performance of this Enquiry and Power, in Writing under your Hand 
and Seal, with what Convenient speed you can ; And we do hereby require 
and Command our Deputy Governor, president of the Council Secretary 
Commanders in Chief and all other Officers or persons whatsoever, within 
the said province to Deliver or Cause to be delivered to you or to such 
persons as you shall appoint all such attested Copies of Records, and all 
Accounts and papers whatsoever relating to the premises without any Fee 
or Charge for the same And that they the said Deputy Governor presid' 
and other persons above mentioned be at all times aiding and assisting to 
you the said Francis Nicholson in Execution of the power hereby granted 
to you as they will answer the same at their peril 

Given at Craven House this 31 Bt day of Janu ry 1712-13 

BEAUFORT Palatin 
CARTERET 
M ASHLEY 
J COLLETON 
J DANSON. 



(Endorsed) 
Rec d 
Read 



1 25 th Feb/ 1712-13 



[From the Vestry Book op St. Paul's Parish, Chowan Precinct.] 



At a vestry held at the Hono Mo Thomas Pollock's Esq r president at his 
house on the West Shore in the precinct of Chowan in the province of 
North Carolina. Feb 1 * y e 6 th 1712-13 

It was then ordered that in pursuance of an act of Assembly dated 
March y" 12 th 1710 and likewise by an Order of Vestry met at the House 



COLONIAL RECORDS. 11 



of the Hono Me Edward Hyde Esq 1 president dated December y° 18 th 
1711 appointing the Collection of forty five pounds with the Charge of 
Collecting the said sum to be paid to the Reverend Mr John Urmston. 
Missionary. |/ 

These are therefore to impower you John Hardy to collect and receive 
of every Tythable person in the precinct of Chowan twenty pence in the 
Staple Commodities of the country, and to lodge the same in places con- 
venient upon the Water, giving the said Mr Urmston Notice, and order 
to receive it and for the so doing you shall receive fifteen p r Cent out of 
the said Collection Given under our Hands this 6 th Day of Feb ry 
1712-13. 

Ordered upon Complaint of Mr Thomas Lee that Mr Edw d Moseley 
had bought of him the said Thomas Lee. fourteen hundred feet of plank 
on pretence of laying a Floor and repairing the Church on the North 
Shore in this precinct, and now refused to pay for the same, and therefore 
upon Application made, t'was then to be entred in the Vestry Book that 
We the Vestrymen for the said precinct are of opinion the said M r Mose- 
ley is indebted and obliged to pay for the same and not the parish there 
appearing no order of Vestry for the purchase of the said plank, neither 
hath it been applyed as pretended, but is wasted or destroyed and ren- 
dered useless. 

That Mr Edward Moseley refund the three pounds, received of the 
Vestry on Account of Richard Booth to the Church Wardens for this 
year, the same appearing not due to the said Richard Booth. 

That M r John Bird and M r Samuel Patchet be and are hereby chosen 
and appointed to be Church Wardens of this precinct for the year 
ensuing. 

Ordered that Thomas Wess be Clerk of the Vestry and be allowed as 
formerly. 

Ordered that the Church Wardens for the year ensuing demand of the 
Executor of M r Robert Fendall deceed twelve pounds which the said 
Robert Fendall collected for the use of this precinct, and in Case of 
Refusal to Sue him for the Same. 

That the Bible now in the Custody of M r Nicholas Crisp be delivered 
to Maj r Thorn' Luten. he obliging himself to see it forth-coming. The 
Gift of the Hono We Society de propoganda &c by the Reverend M r 
Urmston. 

That the Bible now in the Custody of M r Thomas Lee be delivered to 
the Vestry when demanded." 



12 COLONIAL RECORDS. 



That the Standard of Weights and Measures is committed into the 
Custody of M r Thomas Peterson and that he demand and receive the 
same wherever they be and that the said M r Thomas Peterson give an 
account thereof to the next Vestry. 

That Cap' Robert West and Cap' David Henderson be and are hereby 
chosen Vestrymen in the room of the Hon" 1 " Edward Hyde Esq 1 our 
late Gov r and M r John Walker deceed — 

That M r Thomas Peterson and M r Thomas Lee do Sue M r Edward 
Moseley pursuant to a former Order of Vestry for the money in his Hands 
which was given for the purchase of Church plate. 

THOMAS PETERSON THOMAS POLLOCK 

THOMAS LEE THOMAS LEUTEN 

WILLIAM DUCKENFIELD LEONARD LOFTIN. 
JOHN BIRD. 



[B. P. R. O. B. T. Virginia. Vol. 13. O. 137.— Extract.] 



COL SPOTSWOOD TO LDS OF TRADE 11 FEB 1712-3. 

Virginia 11 Feb* 171f 
My Lords 

******* 

The honour your Lordships have done me in approving my Conduct 
in relation to the Civil Dissentions in North Carolina is the Greatest 
encouragement I at present have for the continuance of my endeavours 
to assist that unhappy Country I wish I could have received from your 
Lord pa Board directions for my better guidance in a matter of far greater 
consequence, I mean that of their Indian war which would have been so 
much the more necessary in regard to the difficulties I have to struggle 
with here : for such is the natural Disposition of the people towards aid- 
ing their neighbours, that I can very assuredly informe your Lordsp' 
that I am the only person of the Government that ever proposes giving 
any assistance to North Carolina in its distresses, and must alone furnish 
the arguments to obtain the Councils concurrence or to procure any sup- 
plys from the Burgesses : besides that whatever I undertake in behalf of 
that distracted Country I am forced to push on with a great deal of trouble 
and expense to myself. On the other hand there reigns such stupidity 
and Dissention in the Government of North Carolina that it can neither 
concert any measures nor perform any engagements for its own Security. 



COLONIAL RECORDS. 13 



For upon a representation from the President Council & Assembly of 
that Province of their miserable Circumstances which I imediately laid 
before our Assembly with all the Exhortations I could use to move their 
pitty in their distressed Fellow Subjects (as your Lord 1 " may find in the 
29 th page of the Assemblys Journal) All I have been able to obtain 
from our House of Burgesses is only the sum of a thousand pounds, and 
nine hundred yards of Coarse Cloathing for the poor people that have 
been plundered by the Heathen, and (as it was represented) would be 
obliged to ly out in the woods for the protection of the remaining part 
of the Province against their incursions in the Winter Season, Our Bur- 
gesses looking on that Province as the Author of its own Misery, by the 
continued Disorders in the Government and the Licentiousness of the 
People, and tho in the Address they say they have given the supply with 
cheerful hearts, yet the struggle with which it passed in their House is 
an evidence of their disinclination however it must be acknowledged that 
this inconsiderable Sum tho' unequal to the charge necessary for Subdue- 
ing that barbarous Enemy, is nevertheless the greatest Donative ever 
given by an Assembly here to be expended out of the Country. I am 
now Endeavouring to lay out this small supply to the best Advantage 
as soon as the season of the year will favour an expedition against the 
Indians and should have hoped by the assistance of the forces sent from 
South Carolina (which consist of eight hundred and fifty Indians and 
thirty three white men) to have reduced the enemy had the Government 
of North Carolina done their part. But notwithstanding the assurance 
given by their assembly in their Address (whereof I send your Lord p * a 
copy) that they would supply with provisions and the charge of Trans- 
portation what Forces should be sent from hence to their Assistance : 
Upon a conference which I had with some Agents from that Govern- 
ments about three week ago they plainly told me that they furnish 
neither : nor could they make any proposals to me either for helping 
themselves or enabling me to do it. And tho at their request I have 
supplyed 'em with the Cloathing which was intended for three hundred 
men to go out against the Indians they cannot now find one hundred in 
the whole province to go on that expedition. Some deserting the Coun- 
try others absconding and the rest sheltering themselves under the Masque 
of Quakerism. Such gross mismanagements as these have in a great 
measure been the Occasion of their unhappy Circumstances & must 
entail on them further miserys if any accident should happen to the 
Gentleman who commands the South Carolina Indians. For as they are 
made up of a great many different nations and kept together by the sole 



14 COLONIAL RECORDS. 



Authority of that single person there is no question to be made but that 
if he should fall or receive any considerable disadvantage in his attempt 
upon the Tuscaruros all these Indians would imediately disperse and 
leave their friends in a much worse condition than they found 'em hav- 
ing already committed very great disorder in the Country through which 
they passed from which no authority of their officers could restrain them 
# # * * 

A SPOTSWOOD 



[From Spotswood Letters. Vol. 2. p. 2.] 



GOV. SPOTSWOOD TO THE LORDS PROPRIETORS. 

February 11, 1712 [1713]. 

To the Lords Proprietors of Carolina : 
My Lords: 

Since I have undertaken to concern myself in ye Affairs of yo'r 
Lord'ps' province of No. Carolina, in my Neighbourhood, I think my- 
self oblig'd to give y'r Lord'ps- an account thereof from time to time, 
more especially in ye present Conjuncture, while the people labour under 
the presure of an Indian War ; and, passing by sundry transactions I 
have heretofore had w'th that Governm't, (because a relation thereof 
might be as disagreeable to yo'r Lord'ps as they have been to me), I shall 
only mention what is at present in Agitation for ye relief of y't unhappy 
people. 

About the begining of last Novem'r I receiv'd a representation from 
ye President, Council and Burgesses of No. Carolina, setting forth their 
deplorable Circumstances, and praying some Assistance from hence. I 
imediately layed it before our Assembly, then sitting, and that I may 
avoid troubling yo'r Lord'ps with a long Narrative of the Success there- 
of, I send herewith a Copy of the proceedings thereupon, which y'r 
Lord'ps may peruse at y'r Leisure. I shall only briefly tell y'r Lord'ps 
that with much ado I prevail'd with our Assembly to support y'r Lord'ps' 
province with Cloathing for 300 Men, and to raise £1,000 for their fur- 
ther relief in such man'r as I should judge proper. Y'r Lord'ps will 
easily imagine that a Sum so disproportionate to the exigency of Affairs 
(tho' it must be confesed to be the greatest that ever an Assembly of 
Virginia gave to be employ'd out of the Country), requir'd a more than 
ordinary frugality in the managem't thereof to render it effectual for the 



COLONIAL RECORDS. 15 



intended Service. For this purpose I thought it necessary to desire a 
Conference with y'r Lord'ps' Deputys, at some place which they should 
think most convenient, to concert proper measures for employing this 
small supply, being in hopes, with the addition of provisions which the 
Assembly of No. Carolina had engag'd to furnish, I might be enabled to 
furnish such, a body of men to their relief as might in a great measure 
have dispers'd the Enemy and given some relaxation to their troubles ; 
but whether the arrival of the succours from So. Carolina in the mean- 
time under Colo. James Moore, (consisting, as he informs me, of 850 
Indians and 33 white men), made them believe they should have no fur- 
ther occasion of my Assistance, or by what other unaccountable humour 
they were guided, I cannot determine, but it was above Two Months be- 
fore I could prevail with them to give me a Meeting, and then, Notwith- 
standing I took the Trouble of a Long Journey to a place where Mr. 
President Pollock might easily have come by water, I only found there 
Major Gale and one Mr. Petterson, but both so far from having any 
power or Instructions to propose anything for the Service of the Coun- 
try, that all I found they had to tell me was y't I could expect no pro- 
visions from them ; that their men had all either deserted the Governm't, 
absconded in it, or shelter'd themselves under ye Masque of Quakerism, 
to excuse their bearing arms; and that now they had got the Cloathing, 
which I have deliver'd to them, they had no men to use them. So that 
being disappointed both of the provisions I had been promis'd, and of 
the Assistance of men to Act in Conjunction with what I intended to 
raise, and every man at the conference agreeing y't if the Charge of the 
Provisions was to be taken out of ye £1,000 the remaind'r would not 
suffice to pay such a number of men as in prudence I ought to venture 
into the Tuscouroro Country; and lastly, all concluding that without 
some speedy measures taken for the relief of that Province, ye greatest 
part thereof would be abandon'd to the Indians ; I then oifer'd to supply 
the Charge of provisions out of her Maj't's revenue of q't rents of this 
Colony, provided y'r Lord'ps' Deputys would engage to her Maj'tie all 
the Lands to ye Northward of Roanoake River and Chowan Sound, for 
ye repaym't thereof within three y'rs. This could have been no risque 
to y'r Lord'ps If y'r Deputys had any faith on the public Engagem'ts 
of their Assembly ; or, if that should not have prov'd a sufficient Security 
to discharge ye Debt, y'r Lord'ps had then three Years either to Con- 
tinue the paym't of it some other way, or to Obtain her Maj't's fav'r to 
remit it entirely. On the other hand I only run ye hazard of incurring 
her Maj't's Displeasure, by breaking upon a positive Instruction, which 



16 COLONIAL RECORDS. 



restrains me from disposing of any part of that Revenue without a par- 
ticular Warrant. I told Major Gale and Mr. Peterson at parting, and 
wrote by them to the president, that I could not proceed to raise men till 
provisions were ready for their Subsistance ; and I press'd a speedy Res- 
olution ; but I have now waited 3 weeks without receiving any answer, 
and hereby all measures for their Assistance from hence are at a Stop. I 
cannot but aprehend the ill consequence of this unseasonable delay, for 
if Colo. Moore should meet w'th any Considerable disadvantage in his 
Attempt upon the Tuscoururo Towns, it is not to be imagin'd that a 
body of Men, peic'd up of so many nations of Savages as his is, should 
be kept together after being once baffled. Nay, if Colo. Moore alone 
should happen to miscarry, they would imediately disperse, and such a 
disorderly multitude, let loose among the Inhabitants, would prove as 
destructive as the Enemy; Since experience has already show'd how litle 
of discipline or Rule there is among them, and that even Colo. Moore's 
presence and authority Could not restrain them from such ravages among 
the stocks of y'r People, where they were quarter'd, as, (if President 
Pollock informs me aright), hath more exasperated the Inhabitants ag't 
these Auxiliarys than against the Tuscaruros, their Enemys: 



[Fbom N. C. Letter Book. S. P. G.] 



MR RAINSFORD TO THE SECRETARY 

Chow ax No Carolina 

XT ,, n 17 Febrv 17J* 

Hon ble Sir • it 

Since my last to you on the 25 th of July with deep concern I am forced 
to tell you that this Country has been miserably reduced by Indian cruelty 
the Inhabitants are brought to so low an ebb by this unhappy war that 
rather than expose themselves to their enemies they have most of them 
quitted their plantations and entirely thrown themselves on the Virgin- 
ians for relief The Governor of South Carolina .has sent Eleven hun- 
dred Indians in order to relieve this Government and Col Pollock our 
President with his council have levied Five pounds on every titheable 6' 
bushels of corn a quarter part of all their wheat for the maintenance and 
support of these Ashley River Indians The stocks of our English In- 
habitants are all destroyed by their coming to this Country and their 



COLONIAL EECOEDS. 17 



poverty is so great that Virginia has given £1000 Sterling to relieve 
them with 900 yards of Duffle to cloath them so that should they con- 
quer their Enemies without the Charitable support of the proprietors 
they can never afterwards be able to subsist. This is a true account of 
the miserable state the Country now labours under as may appear by 
Governor Spotswood's hint in the inclosed to me. I have already been 
taken by the Savages in my Journey to one Adams to preach and after a 
little Conference let go, but guarded by two of them out of the parts. 
There's scarce a Man even on the North Shore of Chowan River (which 
borders on Virginia) to be found, and that for the women they wont leave 
their plantations to go to a house where I make an appointment, to preach. 
So that very little good at the present juncture can be expected from us. 
Indeed I have been visited with a terrible seasoning to the great hazard 
of my life being given over for 3 months together by those that beheld 
me but it has pleased God to restore me to my former health. The dan- 
ger of Living here at present is such, that it has obliged me to petition 
the Governor of Virginia for a living in his parts for six months only, 
which upon mature deliberation, Hoping that the disorders of the coun- 
try in that time may be composed, he has condescended to gratify me but 
with great caution to the Venerable Society whose Missionaries he would 
no way be supposed to remove I am entertained in Surry parish for the 
time mentioned conditionally That I return to my duty upon the first 
happy opportunity of a peace which I have promised to do and by my 
future diligence I hope I shall answer the pious intentions of the Socie- 
tys sending me over. I am not so remote but a days Journey will fetch 
Carolina, and I shall be sent for on any occasion (by Mr. Garrat) where 
my duty calls for my appearance, my agreement with the people of Surry 
is from the 25 th of March to the succeeding Michaelmas and no longer ; 
and if the Society think fit to stop my salary for that J year I must ac- 
quiesce and submit to their pleasure ; a principle of conscience obliged 
me to lay before you my proceedings or otherwise I must receive the So- 
cietys money as Mr. Urmstone does who has bought a plantation on the 
confines of Virginia and lives to his satisfaction on the plentiful Income 
of what the Society allows him, were it in his power to do the Society 
the services they might expect, yet he has so exposed himself to popular 
hatred by his wretched way of begging and other indiscretions, I am 
unwilling to mention, That no single person in the Government will 
attend his appointment on the score of this selfish principle. I have 
enclosed the late Governor Hide's letter to me before ever I had seen him 
with a design the Society should no way be imposed upon where I have 
3 



18 COLONIAL RECORDS. 



an interest I desire no Missionary may be sent over here since I have no 
way quitted their service only by being forced to it as I may properly 
say in a time of persecution New Castle in pensilvania is vacant by the 
removal of M r Sinclare and should be extreme thankful should the 
Society be pleased to order me there I wish Sir you would propose it at 
a General Meeting for I am very uneasy to be hindered from my duty 
by these unhappy differences. I have drawn upon M r Hodges our 
Treasurer for my half years salary ending 25 th March next and do almost 
hope I may receive the succeeding half year. I mean till Michas upon 
condition I'm ready to attend my duty here on the least notice when occa- 
sion requires me — On the account of my late indisposition I have been able 
only to Catechise children and baptize six Negroes with the advantage of 
what Good I might do thro' God's blessing by preaching and conference 
I might truly have starved and been lost were it not for M r Edmond 
Kearney a Merchant of Hampton, I mentioned in my last who took great 
care to supply me with money and necessaries in my late sickness, which 
mightily reduced my stock by gratifying the Christians and obliged me 
to take from him this half year's salary beforehand I design to deal with 
him entirely while I am in your service and not do as some Missionaries 
continue to buy Goods in London and so neglect the true ends of their 
Mission, by attending their Markets here to the great scandal of their 
profession, I earnestly request that you would please to speak to M r 
Hodges, that my bills may be honored on the very day of payment since 
M r Kearney's civilities to me have been almost inexpressible I have 
nothing more to add but that I am with all truly Christian gratitude for 
favors already done me 

Your most obliged &c 

GILES RAINFORD 



[Fbom Pollock's Letter Book.] 

Chowan Feb 20 th 171? 
Hon d Sir 3 

Yours by Col Moore, and your likewise by your sloop, received : by 
both which your prudent application and indefatigable pains, for our 
preservation is most evident : and I am in great hopes that your forces, 
under the conduct of so wise and discreat a commander as Col Moore 
seems to be, will have the desired effect of reducing our enemies to a 
necessity of making peace on reasonable terms, or of forcing them out 



COLONIAL RECORDS. 19 



of the country. We were at a loss on Col. Moore first coming, for our 
men that we had sent out in August and September in expectation of the 
coming in of some of the forces and staying untill November had eat up 
almost all the wheat and other provisions sent round and our Assembly 
would not consent to send round to Neuse a Sloop almost laden with 
wheat and potatoes which I had stopped with intention to send here 
round, neither would they be persuaded your forces would come at all. 
So that when your forces arrived, thought it best to have them come and 
stay to refresh themselves in Albemarle County until provisions could be 
carried round. And likwise having come to some preliminary articles of 
agreement with some of the chief men of the Tuscaroras who had prom- 
ised to kill and bring in the heads or scalps of all our Enemie Indians 
that were concerned in the war against us, against the first of January 

then next ensuing, or ways hostages for every fort, so 

was willing to see whither these Indians would perform their agreement ; 
but provision being got round to Neuse, and these Indians not coming as 
they had promised, Col. Moore Marched out with the forces from hence 
the 17 th of last month, and marched out from Reading's Fort in Pamplico 
River the 4 th of this month, having been stopped there by extraordinary 
deep snow and bad weather several days. They carried out from hence 
as much provission as they would, and there is sent round to Neuse about 
2200 bushels of corn, and 3 or 400 more ready to be sent round; and 
likewise for fear of want we have laid an embargo on all vessels here 
until 2000 bushels corn more is raised and 100 barrels of pork, so that 
I am in great hopes your forces will want provisions. 

Governor Spotswood with great struggling and difficulty obtained at 
last from his assembly 180 pounds to be laid out in duffels and other 
coarse woollen for the clothing of our people that went out in the army, 
and likewise 1000 pounds more to be managed by him for our assistance 
in carrying on the war. The coarse woollen we we have had, and he 
seems very willing to March out his forces to our assistance; but, pro- 
vision being scarce, we may fall short of supplying either force, and so 
may lose the benefit of both ; and also doubting if the forces join their 
may chance some differences fall out to the hindrance and detriment of 
the action, above all your having been at great charge and much trouble in 
assisting us, and having sent in now sufficient forces, by God's assistance, 
to finish the war; now for others to come in seemingly to the end of the 
war to participate the action with you, seems to me a little unreasonable, 
and would seem ungreateful in us to our deliverers. Upon which rea- 
sons have delayed matters with him until we see how provisions hold 



20 COLONIAL EECOKDS. 



out, and how prosperous Col Moore with your forces may be against our 
enemies. with my utmost gratitude accept of Your Honor's whole- 

some advice in relation to M r Moseley, and should act very unwisely to 

for him here, knowing him so well, as I do, for I know 

he was the chief contriver and carry-er on of Col. Cary's rebellion 
against President Glover, and likewise of the difference between Gov- 
ernor Hyde and Col. Cary, and also, as I can gather from the best intel- 
ligence I can have, the chief instrument that occasioned the difference 
between our Governor and Col Barnwell, as likewise of his not taking the 
fort of Cotechney it being very visible to any thinking man that he en- 
deavored all he could to blacken Governor Hyde's administration, thereby 
to endeavor a change of Government ; and being as may be reasonably 
imagined, in hopes that such an address as he had procured from our 
assembly to send to the Lords Proprietors in favour of Col. Barnwell 
might be an inducement to them to grant him the administration ; and 
then they two, with the interest of the Quakers who are the chief mould- 
ers of the assemblies here, might -have carried matters on here at their 
pleasure. 

as for Col Barnwell's proceeding and behaviour here I will endeaver 
to inform myself what I can theirin, and, if any thing material, will 
send it by the next return of your sloop. Only his transactions here 
with M r Moseley, albeit so open in their effects yet have been managed 
so closely, that unless that letter that he received from M r Moseley some 
two or three days before his making that sham peace with the Indians, 
could be procured, it will be difficult to make any discovery of it. As 
for news our latest from Verginia is their daily expectation of Brigadier 
Nicholson from England with the title of Visitor General of all his 
Majesty's plantations on the continent of America. From Verginia, 
they give out, that he is to go next to South Carolina. 

I am very doubtful the forces will be short of amunition ; for Col. 
Moore at his arrival gave account [of] but about 300 lbs powder that 
he bad left, which with 300 lbs he had of me, and 100 lbs from Ver- 
ginia, and 200 that Col MacKey had left of mine at Bath County, is in 
all 900 lbs powder with shot answerable, which with the 600 lbs you 
sent in now, I doubt, will not sufficient, if they continue any time here 
(the Indians wasting powder at an extraordinary rate). And I should 
be very unwilling to press on the governor of Verginia to have it out 
of the thousand pounds given by the assembly there, he having already 
given me account that he intends it only for the pay of what forces he 
sends to our assistance, of which I wish we may have no occasion • all 
which I leave to your Honor's prudent consideration. 



COLONIAL RECORDS. 21 



as for the payment of the sloop I have taken all the care I can, and 
am promised twenty barrels pork to be sent now in the sloop, and most 
of the remainder I hope will be ready in other country pay, pork and 
corn being very scarce this year here. 

Hon d Sir If yon knew the great trouble, vexation, and uneasiness I 
endure, I am sure you would pity me : all lying on my shoulders, But 
shall not fail to do my utmost endeavor for the safety of the country, 
and the good of the poor people, and leave the success to divine provi- 
dence, being in great hopes that your forces will bring us in a short time 
peace and quietness, and you the honor of conquering our enemies ; which 
is earnestly desired by 

This letter was sent out in the Ashley River, M r Aquilla Paul 
commander, to Governor Craven, Feb 27, 171§. 



[From Pollock's Letter Book.] 



February 24 th 17 If. 
Hon d Sir 

Your's from Reading's Fort received, and am very glad your men 
were all so well and hearty after such a bad spell of weather, and am 
still doubtful, the weather and ways have been so bad since, and so much 
difficulty of getting provision from Fort Barnwell, that you could do 
little of action yet. 

I have account of 2200 or 2300 bushels of corn sent round, some small 
matter more to be sent round, of the public, but doubting it will not be 
sufficient have laid and embargo on all vessels 2000 bushels of corn 
moor is raised and 100 barrels pork, which I hope will go near to last 
until some of their Forts are taken. Tom Blount coming here this day 
with a letter brought by four of his Indians from Albany, a copy whereof 
have sent you ; so hope there is no great danger of the seneca Idians, 
coming to ielp the Enemy. The Indians at weekacanne, I understand, 
are join? of Tom Blount, and he pretends that he will not help nor 
join any of the other Indians, who he says are still in their forts. I 
have great reason to believe he is real, and hope we/ shall find him so. 
Our latest news from Verginia gives us account of the daily expectation 
they have of Brigadier Nicholson, under the title of Visitor General of 
all Her Majesty's Plantations on the continent of America. From thence, 



22 COLONIAL RECORDS. 



it is reported, he is to go South Carolina. The South Carolina packet- 
boat hath stayed here longer than I expected or intended, by reason of 
the badness of the weather and contrary winds, from Little River, she 
bring you ten barrels of beef and two barrels of salt for the Army. I 
hope it will not be long before you have more meat round, and have 
ordered Commissary Green to suppy what he can, wherever to be had. 
Likewise have ordered what provisions is in Captain Royals' Sloop to 
be and sent to you ; I can assure you I shall do what lies in my 

power for the supply of your forces. Pray let us hear from you by all 
oppertinies, for your good success is Earnestly desired by 
Hon d Sir 

Your most obedient humble servant 

THOMAS POLLOCK. 

This letter was sent to the Fork of Neuse by M r Aquilla Pauli, Mas- 
ter of the South Carolina, who sailed from here Feb. 27 th 17 If. 



[B. P. R. a B. T. Virginia. Vol. 58— Extracts.] 



VIRGINIA— JOURNAL OF THE COUNCIL. 

At a Council held at the Capitol 
the 5 th day of March 17] 3. 

The Governor having this day laid before the Council the several Let- 
ters that have passed between him and Colonel Pollock President of North 
Carolina in relation to the assisting that Province as far as the money 
given by the late General Assembly here would permitt and also commu- 
nicating to this Board the subject matter of a conference held at South 
Key which was intended and desired by the Governor in order to concert 
proper measures for expending that small supply in the best manner for 
carrying on the service against the Indian Enemy but that upon Colonels 
Pollocks failing to meet and giving no authority to the agents sent by 
hun to enter into any engagements or make any overtures on the part of 
that Government and their expressly refusing to furnish provisions for 
any Forces to be sent from hence to their assistance notwithstanding the 
engagements of their Assembly to supply .such provisions together with 
the charge of Transportation of the Forces. The Governor was pleased 
to acquaint this Board that he did not think it advisable to proceed any 



COLONIAL RECORDS. 23 



further in levying Forces to be sent to the assistance of Carolina since the 
Fund given by the Assembly of Virginia is insufficient to furnish the 
pay and provisions of such a number of men as can in prudence be ven- 
tured to attack the Tuscaruro Towns and thereupon desiring the advice 
of this Board what further Methods can be taken either for assisting 
Carolina or for defending our own Frontiers since the Indians have lately 
committed three several murders on the Frontier Inhabitants of this 
Colony. Upon consideration of all which the Council are unanimously 
of Opinion that since the Government of North Carolina have contrary 
to their Engagements refused to furnish provisions for any Forces that 
should be sent from hence to their assistance especially when by their con- 
junction with the Forces sent into [from] South Carolina it might have 
been hoped a speedy end would haye been put to the War. It is in vain 
to depend any longer on the Engagements of the Government nor is it 
practicable with so small a Fund to pay and subsist such a body of men 
as is necessary to attack with effect such a numerous Enemy as the Tus- 
caruros are. And therefore all this Government can do under the present 
circumstances is to defend the Frontiers of this Colony against the incur- 
sions of the said Tuscaruros and to prevent their obtaining any subsist- 
ance by their hunting on our Frontiers while the South Carolina Indians 
are attacking them on the other side. 



[From Pollock's Letter Book.] 

May it please your Excellency. 

North Carolina March 6 th 171f. 

This accompanies a letter from me and the Council ; for having seen a 
letter from you to governor Hyde date May 12 th 1712, wherein you inti- 
mate that if their be occasion of the interposition of the five Nations as 
towards making peace with the Tuscarora Indians, that there will be 
occasion of money sent from this government to make presents to the 
Indians and to bear the charges of the person or persons the Indians will 
want to accompany them to Carolina ; to which I doubt not governor 
Hyde hath fully answered, laying down the poverty and inability of the 
country to raise any considerable sum, our own divisions and this Indian 
war having much impoverished the country; and also to fly to the 
Indians and hire them to be mediators of a peace, unless extreame ne- 



24 COLONIAL RECORDS. 



cessity forces, would be derogatory to Her Majesty's honor, and might 
encourage the five nations to set Indians against Her Majesty's subjects, 
for their own advantage. Howsoever, if extremity reduces us to such a 
necessity, which I pray God may not be, we must fly to your Excellency, 
also I understand, by a letter from M r Secretary Clarke to our 
late Governor Hyde, dated the 21 efc of August last, that Col Schuyler 
should report from the five nations, that some of their Indians, who 
were a hunting toward Carolina, were taken and some hanged, which 
is certainly a false report, our people having never taken, killed, or hanged 
any of the five nations that ever I heard of. And to convince them of 
contrary, Col. James Moore, in his coming here from South Carolina, met 
with a party of Tuscaroras Indians killed 8 of them, and took one pris- 
oner who was one of the five nations ; which as soon as I understand, I 
purchased the said Indian, named Anethae, and having no other way to 
send him to his own country but by this vessel, would entreat the favor 
of your Excellency to get him conveyed safe to his own Country, that 
they may see an know the falsity of these reports. 

As to the making clear to the five nations that the Tuscaroras were the 
first causes of the war, I doubt not but Governor Hyde hath given you 
a full account of their taking Baron Graffenried a Swiss nobleman, who 
came here to settle a colony of switzers and Palatines ; and one M r Law- 
son, our General Surveyor Lawson, they killed after a barbarous man- 
ner, and in five or six days after massacred and took about 130 or 140 
of our people, and all without any cause- that we know of, or any com- 
plaint made unto the government and after they had made a sort of sham 
peace with Col Barnwell, they in a very few days boke it, and have con- 
tinued hostilities ever since, until the latter end of Noveinber last ; at 
which time some of the great men from six of their Fort came in, with 
whom we came to some preliminary articles of agreement, amongst which 
one was, that they would cut off all the Core and Coteching Indians and 
all others that had any hand in the massacre of the English, betwixt 
then and the first of January then next ensuing ; and if they could not 
accomplish it by that time, they oblidged themselves to bring in six hos- 
tages from each of the aforesaid Forts. Presently after this agreement 
we heard of Col Moore and the South Carolina forces arrival at the 
Neuse River, and had him in amongst us and kept him and his forces, 
being upward of nine hundred men, from the beginning of December 
until the Twentieth of January to see if the Tuscaroras would keep their 
agreement, which they did not. So Col Moore, with the South Carolina 
forces and some of our went out against them, and lie now against one of 



COLONIAL RECORDS. 25 



their strongest Forts, wherein, (by what Intelligence we can have) there 
is not less than three or four hundred men. If your Excellency had the 
oppertunity of sending the cowhorn mortar that Governor Craven writ 
for they would now have been of great use. 

While I was writing this, one Tom Blount, the chief man of one of 
the Tuscaroroe Forts which is next to us, who hath pretended all along 
that he was not concerned with the other Tuscaroroes against the English, 
and with whom we have had no hostility all this time, came in to me 
with letters from your Commissioners for Indian affairs from albany (a 
copy whereof have herewith sent your Excellency) which, he says, four 
of his Indians brought him from thence. Notwithstanding which letter 
I have lately had information that several of the Five Nations are now 
among the Tuscaroroes; which wants yet confirmation I hope your 
Excellency will take what care you can to hinder the five Nations from 
joining or assisting our Enemies with amies or ammunition. 

The honor of your Excellency's answer by the first oppertunity here, 
or by the way of the Governor of Verginia, will highly oblidge 
Your Excellency's &c 

Sent out by M r Sears, Merchant, of a New York sloop here, who car- 
ried likewise the Seneca Indian. 



[From Calendar or Virginia State Papers. Vol. 1. p. 163.] 



GOV. SPOTSWOOD TO GOV. POLLOCK ABOUT INDIAN 

AFFAIRS. 

To Coll" Pollock, 8 March 1713 

S* 
You do me too much honor, in laying so great Stress upon my favour, 
especially since I perceive you do'nt intend I should show it by any 
present undertaking in yr : behalf. I rejoice very much to hear your 
affairs are not in that extreme necessity and apprehended them to be at 
ye time of yr: Assemblys' address & am glad you have now such num- 
ber of South Carolina Forces, as may be sufficient to do ye work effect- 
ually without ye assistance of Virginia. The Earnestness with w° h I 
pressed the conference at South Key & ye concern I showed upon ye dis- 
appointment I mett with there, was purely out of Consideration of the 
4 



26 COLONIAL RECORDS. 



distressed condition of your People, and my earnest desire to contribute 
to their Relief — I sincerely wish y r Judgment may prove just & that ye 
S° Carolina forces may have no occasion to be joined with any from 
hence, for I'm afraid the Thousand pounds supply will prove but a poor 
Reserve, in case of any miscarriage. But whatever happen, I shal 
heartily Joine any endeavours to assist yr: province as far in me lyes, & 
for that end shal be ready on my part, to preserve with you a friendly 
correspondence, and on all occasions to testify that I am 

&c &c 

Just now I have rec a advice that the Tuscaroroes have surprised & 
rob'ed our Traders going to the Western Indians — I'm very little con- 
cerned for their loss, because they engaged to go so strong & to march 
so far wide of the Tuf ks, as not to be in danger of any attack. But I'm 
extremely troubled lest the enemy have by this means, got a greater 
quty: of ammunition than I could have wished — since I understand you 
are in such want of powder. I shal endeavour to send to Jno : Cottens 
by ye 18 th instant four barrels of powder, w oh may be carryed down to 
you by ye Canoes, in w oh M M Hyde informs me she designs to come up 
at that time, and hope you will have some careful person there to receive 
this supply — 



[From Calendar or Virginia State Papers. Vol. 1. p. 165.] 

To Coll Pollock, Virginia March 19 th 1713 

S r 
Capt : Jones informeing me of his intended Journey your way, I take 
this opportunity to let you know, that after divers applications from some 
of the Tufca ra Indians, who say they left yr: Government on the first 
breaking out of the war & have since remained dispersed on our Fron- 
tiers, I judged it necessary to bring under some Regulation such a num- 
ber of disorderly people ; who declared themselves, resolved not to return 
or submitt to yr: Govern"" and ag" whose attempts the people of this 
Country could no otherwife be secure— The disposition I have made of 
removing them so far from you & placing our Tributarys between them 
and yr : Frontiers, with a constant Guard of white men at their Towns, 
both of the one & the other, I doubt not will satisfy all indifferent per- 
sons of the care taken to render yr Govern" 1 ' secure ag rt all their Designs 
for the future, & the stipulation of delivering up such as were notori- 



COLONIAL RECORDS. 27 



ously guilty of the Mafsacre, — will convince you how much I desire to 
do juftice on thofe Rogues. As I have never held any correspondence 
with yr : Indians or other Inhabitants without communicating the same 
to Coll : Hyde and since his death to yr : Self, so I have now given Capt : 
Jones a Copy of the Treaty with thefe Indians, whereby you may be 
informed of every particular of this Transaction. 



[From Calendar of Virginia State Papers. Vol. 1. p. 165.] 

27 March 1713 
S 1 

Ye 20 th of this inftant I attack No-ho-ro-co fort, on C * * * * 
Creek & ye 23 d In ye morning took itt, with y" Loss of 22 Whit men 
& 24 more wond'd — 35 Indians Kill'd & 58 wond'ed — Moft of ye Dam- 
age wee Rece d after wee had Gott ye fort to ye Ground, which we Did 
in y" firft 3 hours — I have Little elfe to advise y r Hon™ but that ye Qu' 
of ye Ememies Deftroyed is af follows — Priffoners 392, Scolps 192, out 
of ye sd: fort— & att Leaft 200 Kill'd & Burnt In ye fort— & 166 
Kill'd & taken out of ye fort on ye Scout, which is all ; but My Servis 
to Capt : Jones, from your Hon™ ob dt Serv' 

JA: MOORE 



[From Pollock's Letter Book.] 



A copy sent in to M r Drinkwater to be sent to New Bern by 

March 31 Bt 1713 
Hon 4 Sik 

This day by yours of the 26 th instant had the joyful news of your great 
victory over our Enemy Indians, which, as it will I hope be a great 
means to bring safety and peace to this country, so it will redound much 
to your honor to have been the chief instrument of so great and good a 
work. But as the best of metals is mixed with some alloy, so the joy- 
fullest news many times with qualifying circumstances ; as my not hear- 
ing from Capt" Maule nor none of his company makes me doubt that he 
and most of his company are killed or wounded. 

Your offer of Continuance of your service for the good of this poor 
Country is noble and generous, and I heartily wish we could have the 



28 COLONIAL KECOEDS. 



happiness to have you stay amongst us until the war is finished. And 
as for my judgment of what measures are most requisite in this present 
juncture of affairs, I think to the uttermost of our power this blow ought 
to be vigorously followed up until our enemies are forced to submit 
themselves. To do which there is wanting more white men, more Indians, 
and more provision As for white men, you know how difficult it will be 
to raise any number out of this country, but know not some may be 
had out of Verginia, of which it may be now time to concert measures 
with the government there. As for more Indians, it seems some accident 
hath hindered those 200 that Governor Craven writ of were coming. 
And if you send for any more now, it will I believe be July or August 
before we can expect them here. So we must consider what we must do 
for provision for them. We have a sloop with 800 bushels corne, 32 
barrels meat, and some tobacco, now coming round, as I am informed, 
which I believe might be sufficient to maintain the forces now with you 
until August next : and I believe with some pains their might be 4 or 
500 bushels corne now raised. Now wither you think this 4 or 500 bushels 
corne, with what new corn and peaches may be had at the Indian towns, 
and what wheat may be had of the people here, (which I doubt would be 
but little) would last until our new corn is gathered and carried round, 
which I believe might be enough, the 500 bushels corn before mentioned 
will keep them and the forces you have with you one month, and it will 
be hard if what corn and peaches may be had at the Indian towns, and 
what wheat may be had amongst the people here will not last them two 
months more until new corn can be got round to them. So that albeit I 
durst not not engage, yet if you send for such a number of Indians, you 
may assure yourself there shall be no want of my endeavors to supply 
them. For I am really in the mind our Enemies will hardly put any 
more trust in their forts, but rather trust to the swamps and pocossuns, 
where the Indians are better than the whites. 

I have given a rough and unpolished account of the state of our 
Country, and of their ability in carrying on the war, to the best of my 
knowledge with my own opinion that this blow is vigorously to be fol- 
lowed. Now I leave it to your prudent consideration, what number of 
Indians you think will be convenient to send for, and how you think our 
provision will hold out. Also, if we have any white men from Verginia 
I doubt we must expect little more supply of ammunition for the money 
raised there will be for paying of their forces, so ammunition must be 
had from South Carolina. I have much more to write, but the hasten- 
ing away the post hinders me, and makes me write so confusedly, which 
hope you will excuse. 



COLONIAL RECORDS. 29 



I have ordered the Council to met here the 15 th of April, where and 
which time I would humbly entreat the honor of your company to con- 
cert together the proper measures for the peace and safety of this Coun- 
try. I have likewise taken care to provide a messenger to carry your 
letter to the Governor of Verginia, and I doubt not you will have an 
answer in by that time. 

Also some Matamaskite Indians disturbing the people at Matchepungo, 
and as informed, there being some Cores about Mackayes, now if you 
think part of your Indians may be spared from Neuse, I believe they 
may be of service there ; which I leave to your consideration. Only if 
you send any to Pamptico, you must order the sloop with the corn to carry 
so much of it round to Pemptico as you shall see convenient for their 
subsistance. And I believe if Tom Blount should come in, and submit 
to such articles as we shall propose, if it be in two or three weeks, we 
shall have time to send to Governor Craven to stop the Indians coming 
in that may be sent. All which may be considered at your coming. I 
shall add no more but that I sincerely am — 

Postscript 

Sir Pray if Capt Maule be alive, give my humble respects to him 
and all your officers. 



[From Pollock's Letter Book.] 

Chowan April 2 4 1713. 
Hon d Sir 

Yours of the 15 th of last month with the four barrels powder received ; 
for your Honors speedy care about which and the assurance you give us 
of more supply if we have occasion, I acknowledge myself extremely 
obliged. 

I was of the same apprehension with your Honor as to the fatal con- 
sequences that in probability would have followed if Col. Moore's design 
on the Fort had miscarried for want of provision, ammunition or any 
other matter. But (praised be God) that 'fear is now over. For Col 
Moore, by his letter of March 26 th which came to hand but night before 
last, gives me account that they have taken and killed 800 Indians at 
least in the Fort, and of ours 200 hundred white men killed and 24 
wounded. 36. of our Indians killed and 58 wounded. He believes it 
was as hard a battle as was ever fought against Indians. I have not yet 
the particular account of the action, so can give no further account of it. 



30 COLONIAL RECOKDS. 



It has fallen out, as I conjectured, that Col. Moore's Indians, upon 
taking the Fort and getting some slaves, would march, the most part of 
them, home with their booty, so they have now all gone home, only 180 
that stay with him about Neuse Eiver, where he is now expecting our 
resolutions, and most generously offers the continuance of his service for 
the defence of the country. So I have appointed a meeting of the coun- 
cil the 15 th of this Instant and expect Col Moore will be with us by that 
time. 

Now in my judgment this blow ought to be vigorously followed, until 
the Indians submit themselves. To do which there is wanted men, pro- 
visions, and ammunition ; sufficiency of neither of which is to be raised 
or had in this government. So that we have no other way but either to 
lie still and wait until we see if the Indians will come in of themselves, 
and make peace with us; or apply ourselves to our neighboring Govern- 
ments for succor, that is to your Honor and the government of South 
Carolina. Now if we apply ourselves to the government of South Caro- 
lina for more Indians, we could not expect them here before August at 
soonest : which tis true would be a good time to destroy our enemy's corn ; 
but then if we should not be able to supply them. For most people here 
having scarcely corn to last them until wheat time, must live upon it, and 
so can spare little, and many not having any at all. 

Now if we apply ourselves to your Honor, there could not be less than 
two or three hundred white men and one hundred Indians wanting to 
join Col. Moore's forces, to make them of sufficient strength to pursue 
the victory with effect, and to take their forts, if they have any more, 
(but I am of opinion they will not trust any more to their forts) ; and if 
the money raised should be sufficient to pay them, which I believe it 
would not, unless for a very short time ; then where shall the provisions 
and ammunition be had? * 

And if we should lie still and expect them coming in to see us for 
peace, and not follow now upon them after this victory, they may take 
courage to injure us as much as ever, or get help of the Five Nations, or 
of some other Indians, to the lengthening out the war to the ruin of this 
Country so that I see Scyllas and Charybdes on Every side. 

All the public provision now in the government being but 800 bushels 
corn 32 barrels meat, which was to be carried round to Neuse last week 
and may be there might be 3 or 400 bushels corn with great search and 
endeavor more got, which would not be near sufficient to maintain such 
a number of forces as would be necessary to reduce the Enemy Indian 
to submit themselves. 



COLONIAL RECORDS. 31 



Hon 4 sir I have laid the true state of this government before you to 
the best of my knowledge and capacity ; and knowing myself to be of 
weak judgement and without experience in matters of so great moment, 
would therefore humbly beg the favor (by the bearer) of your Honor's 
best advice in this juncture. 

The Matamuskeet Indians have killed and carried away about twenty 
persons at Roanoke Island and at Croatan, and two Tuscaroras have 
killed a man upon this shore, about twelve miles distant from where I 
live 



• [From Calendar or Virginia State Papers. Vol. 1. p. 164.] 

March* 1713 

To Coll : Pollock- 
s' 
Last night, I rec d by Charleton yo vs of the 2 ud instant w ob gives occa- 
sion to rejoice with you upon y a good news of y 6 succeff of yr Forces — 
I very readily agree with you that the pursuing this blow is the surest 
way to put an end to the war, but the difficulties in the execution thereof, 
w ob you have justly stated are too great, to be surmounted by the Reso- 
lutions of two or three persons, how zealous soever they may be — 
Where other means are uncertain, it is prudent to make ye best ufe of 
such as are in ones' own power — You have already experienced how 
ruinous the continuance of this war hath proved to y r Country & there 
is little hopes of bettering yr : Condition, by the prosecution of it under 
the unhappy circumstances you now labour : Wherefore, I think if an 
honorable peace can be obtained while the terror of the late severe Con- 
nection is fresh in y" minds of y r Enemys, it would prove ye best Expe- 
dient to free you from yr : troubles, and in all probability to quiet the 
Tuscoruroes for a long time, at least while the memory of the loffes they 
have sustained remains among them. To this purpose it may be proper 
to talk high to Blunt, as if you expected not only a Reinforce" 1 ' from S° 
Carolina, but that Virginia also was moving to yr : aff istance. This will 
be the more duely credited by him, because upon advice that a Body of 
the Northern Indians have lately croffed our Frontiers, and are gone 
towards Morattuck, in all probability to ye assistance of ye Tuscororoes, 



*The date should be April, 1713. See date of preceding letter, to which it is an 
answer. — Ed. 



32 COLONIAL RECORDS. 



I have ordered all our Rangers w oh compose a Body of near 1 50 men, to 
march that way, and tis very like, some of the Tuscororoes that have 
fled from y r Forces may fall into their hands — It may likewife be proper 
to let Blunt know that you are so well satisfied with his Conduct, and 
especially in delivering up to you, the two persons who committed the 
late murder, that you are willing to conclude a peace with him and all 
other Indians of the Tufcaroro and Masammaskete nation, that will put 
themselves under his Govern" 1 ', and that you will make him King of all 
those Indians under the protection of North Carolina. This proposal 
will stir up his ambition ; and no doubt oblige him to be faithful to the 
English for the future; and it seems reasonable to believe that the Tus- 
caroroes will now very readily embrace such an opportunity of making 
their peace. And by this means, you may also engage Blunt to deliver 
to you the greater part of the murderers that are yet alive. You will in 
all appearance, be more secure by this means of any attempts of those 
Indians, or at leaft if they should again begin their old practices, you 
will be better able to provide ag" them in time of Peace, after the Coun- 
try hath had fome Respite from their present Calamitys. As I have no 
other intention than to contribute to the Relief of yr : province, I shall 
very readily concur with you in thefse or any other measures that may 
be judged proper. And you may affure Blunt, that upon his concluding 
such a peace, he shall be owned by this Gov 4 as the Chief of the Tusca- 
rora Nations. This I offer only as my prefent thoughts, but next week 
I shall have a meeting of the council and then if any thing further can 
be thought of for yr : assistance I shal communicate it to you by Express. 



[Council Journal.] 



North Carolina — ss 



Att a councill holden at y e house of the Hon We Thorn" Pollock Esq r 
Chowan on y" 14 th day of Aprill A no D ni 1713 
Present the Hon" 8 Tho 8 Pollock Esq' presid' &° 
fTho B Boyd ^| 

The Hon- gj£^ Esq" Lds prop- Dep- 

t Tobi 1 Knight J 



COLONIAL RECORDS. 33 



Daniell Richardson Esq r Presented to this board a Comissioii from his 
Excellcy y 8 most noble Henry Duke of Beaufort Pallatine and y" rest of 
y" true and absolute L ds prop* 1 " of Carolina thereby appointing him to be 
Receiv r Gen 11 of this part of y" province of Carolina and also Instruc- 
tions thereon which said Comission and Instructions was read allowed of 
and ordered to be Recorded and then y" said Daniell Richardson tooke 
and subscribed y e several oathes by Law appointed to be taken for his 
qualification and thereupon was admitted accordingly — 

It is Ordered by this Board that from henceforward noe Lands be sur- 
vey'd within a mile of either side of Marattock river and if any Land 
are already Survey'd Within y 8 Bounds afs d It is Ordered that noe Grants 
or pattents be passed for y" Same nntill farther Order of this Board — 

.fforasmuch as it has been represented to this Board that divers per- 
sons in this Governm* and especially in y" County of Bath Doe under 
pretense of -purchase hold large tracts of Land not haveing paid or 
Secured the purchase money to y° L ds prop tM nor haveing any other title 
thereto then a bare Entry and Survey to y 8 great Loss and prejucdice of 
y" L ds prop teB and also to y e hindrance of y" Good Settlem' of the Gov- 
ernm' and this Board haveing taken y c Same into their Consideration. 

It is hereby Ordered that noe person that Doe pretend any title to any 
Land within this Governm' upon purchase as afs d that shall not pay or 
Secure to be paid unto to y" Receiv r Gen" for y° tyme being the purchase 
money due therefore on or before the 25 th day of December next all such 
Lands shall be ffree-and Cleare for any person to enter on and take up 
as if the same had never been entered or Survey'd before and all persons 
that shall from henceforward Survey any Lands on pretence of purchase 
and shall not pay or Secure to be paid y 8 purchase money therefore to y 8 
Receiver Gen 11 as afs d within six monthes after such a Survey the same 
shall be also ffree and Cleare for any other person to enter upon as if y° 
same had never been Survey'd before. 

Dan" Richardson Esq r Receiver Gen 11 haveing represented to this 
Board that by his Instructions y 6 L ds prop trs Doe require that y 8 pur- 
chase money of Lands hereafter to be Sold as also y° Chiefe Rents re- 
surved thereon shall be paid in Sterl money of Great Brittiane on y" 
true Vallue thereof which cannot by any mcanes be strictly Comply'd 
with in this Country and y 8 said Dan 11 Richardson being also directed in 
his said Instructions to take y 8 advice of all matters therein Conteyned 
of y e Presid' & Councill Did apply himselfe to this Board for advice 
herein And this Board haveing Considered thereupon and Compared y" 
afs d Instructions w th y Instructions lately sent upon that head to y° late 
5 



34 COLONIAL RECORDS. 



Gov* Hyde dec" 1 are of oppinion that y° said Dan 11 Richardson may for 
any Tyme within Seaven yeares from y e Date of y" said Gov r Hyde's 
Instructions agree for & Contract w th any person for Lands at y" rate of 
Twenty pounds ^ thousand acres to be paid in any Good & Merchanta- 
ble Commoditys of this country at y e rated price And it is further y e 
oppinion of this Board that Rice well dress d and Cleaned at y e rate of 
Seaventeen shillings & Six pence f! hnnd d w ch is y s true vallue of Sterl 
money. 

Forasmuch as Divers persons were Imploy'd in receiving of Quit 
Rents in this Governm' by y e late Gov r Hyde Dec'd and have not Yet 
Rendered any acco' thereof to this Board 

It is hereby Ordered that all such receivers as afs d within the County 
of Albermarle Doe render a true- & Just account of their preceedings 
therein unto Dan" Richardson Esq r the present Receiver Gen 11 within 
one month after y e Date hereof and all Such persons who have been 
.Imploy'd as afs d in y 8 County of Bath Doe rend 1 Account thereof to y 6 
said Daniell Richardson within Two month after y e Date hereof as they 
will Answare y e Contrary at their perrills 

Daniell Richardson Esq r the Lds Prop' ra Receiver Gen 11 haveing 
requested this oppion of this Board whether it be practicable or possible 
for him to pay the Severall Officers Sallary at quarterly paym' persuant 
to a paragraph of his Instruction for that purpose." 

It is the oppinion of this Board that y" same Cannot be Comply'd 
with and it is sufficient if paym' thereof be made once in every Yeave 

Whereas it dos appear to this Board that there was Twenty Guns 
Impres'd from M r Tho 3 Peterson by Order of the late Gov r Hycle for y° 
Service of y u publick and they not being returned againe 

It is Order" by this Board that y e provost Marsh" or his Deputy Doe 
make dilligent Enquiry & Search for y° Said Gunns and Gather them' 
together and deliver them to y 6 Said Tho s Peterson as Soon as possibly 
he Cann — 

Whereas Daniell Richardson Esq 1 Receiver Gen" is Directed in his 
Instructions to pay unto y e Chiefe Justice of tin's Province the Sume of 
Sixty pounds f Annum for his support in y« Said Office And Maj r 
Christo Gale Esq 1 ' haveing Executed that Office from y° first of July last 
and still Continues in y" Same therefore it is the oppinion of this Board 
that y 8 Said Sallary Doe of right belong and Ought to be paid to y e Said 
Maj r Christo Gale from y« afs d first of July last untill he shall beSuper- 
seaded in that Office 

Whereas the Lds prop tre Doe Strictly require that an exact Rent Roll 
be forthw th taken as well to satisfy their Lds prop'- What Land are dis- 



COLONIAL RECORDS. 35 



posed off as also to enable the Receiv 1 Gen" to demand & recieve y° rents 
Due therein and for the more expedition therein 

It is Ordered by this Board that y e Several persons hereafter named 
be Impowered to take an exact ace* upon Oath of all persons how much 
, Land they hold in this Governm' by Survey or pattent how long they 
have held the Same and w' rent is is Due thereon (Viz') in y e precinct of 
Chowan George Smyth ffra Parrott Lenard Lofflin Jn° Jordan & Tho B 
Perterson Esq rs 

In y° precinct of perquimons Maj r James Coles & Cap' Jno Heckle- 
feild— 

In Pasquotank precinct Dan 11 Richardson Esq r M r Jno Palin Tho 8 Miller 
and Cap* Ludford, In Corratuck precinct M r Ja" Wicker and Cap' Rich- 
ard Sanderson Jun 1 . In the County of Bath Cap' Jno Drinkwater Jno 
Jordan ffarnfold Green & Richard Graves and all persons within their 
Several precincts whoo doe not appear before Some one of y e persons 
above named and give in an Exact account upon Oath as above s d of all 
Such Lands as they hold how they hold y e Same and how long they 
have Soe held And w' Rents are Due thereon without any Concealm' on 
or before the last day of October next Such Lands shall be ffree and 
Clear for any person to Enter upon and take up as if y" Same had never 
been Entered Survey.'d or pattented before 

Mary Burke adm r of y 8 Goods & Chatles of Richard Burke Dec'd 
came before this Board and acknowledged that to her Certaine knowl- 
edge the said Richard Burke in his life tyme did receive of and from 
James Curlee Sen 1 the Sume of Ten pounds Ten Shillings on y° ace' of 
y e Hon We Tho B Pollock Esq r which money was in Consideration of a 
plantation Sold by y 6 Said Richard Burke to Tho 8 Jones of Verg a Shoe- 
maker — 

It is ordered by this Board that for the future any Indyans Shall be sent 
into y" Hon ble presd' for any Crimes or misdemeanors the said presid' is 
hereby fully Impowered to Inflict Such Imediate punishment, on them 
as he shall think y" Crime requires 1,1' as might or Could be done if the 
Councill were there present 

A power of Atto y from Tho 8 Jones of Eliza Citty County of Verg" 
to the Hon ble Pollock Esq r fformerly prove before the Hon We William 
Glover Esq 1 was presented to this Board by y" afs d Thomas Pollock Esq' 
& Ordered to be recorded 

THO POLLOCK 
THO" BOYD 
C GALE N CHEVIN 

T KNIGHT 



36 COLONIAL RECORDS. 



[B. P. E. O. B. T. Virginia. Vol. 58.] 



JOURNAL VA COUNCIL. 

16 April 1713. 

The Governor having this day communicated to the Council a letter 
from the President of North Carolina giving an account that the Forces 
under the command of Colonel Moore had lately taken the Fort of Na r 
hardakba, and therein killed and made prisoners of upwards of 800 of 
the Tuscaruro Nation and that upon the said President of Carolina rep- 
resenting the inability of that Government to prosecute their late success, 
by reason of the departure of the greatest part of the South Carolina 
Indians The discouragement given their Inhabitants by the loss of 
many of their men in the attack of the Fort and the utter impossibility 
of supplying with provisions any Forces that might be sent from hence, 
he had advised the said President to make peace with the Tuscaruro In- 
dians while their late defeat was fresh in their memorys and for that 
purpose to make use of Tom Blunt Chief of those Towns who have hith- 
erto adhered to the English making him an offer in consideration of his 
Fidelity of the sole rule of the Tuscaruro Nation under the protection of 
the Government of North Carolina and to receive as friends all of that 
nation that shall submit to him as their Ruler as the most probable way 
to secure his obedience and establish a lasting peace with those Indians 
and to extricate that Province out of the Calamitys of a war which they 
are not able any longer to carry on. And thereupon asking the advice 
of the Council whether it be probable that any further supplys can be 
obtained from the Assembly of this Colony for enabling the Province of 
Carolina to prosecute the War or whether in the present scituation of 
affairs it be advisable for them to conclude a peace. The Council are 
unanimously of Opinion that it is not probable the Assembly of this 
Colony wjll be prevailed on to give any fresh snpplys towards the assist- 
ance of Carolina considering the present poverty of this Country and that 
the affairs of that Province appear to be much bettered by the destruction 
of so great a number of their Eneinys and as it is not to be doubted but 
that the Indians discouraged witli their late losses will readily embrace any 
Terms of peace that shall be offered them. It is most advisable for the 
Government of North Carolina imediately to treat with the Indians upon 
the Terms proposed by the Governor which appear to be such as will 
render that peace lasting and honourable and bring greater security to 
that and her Majesties neighbouring Colonys than can be expected by 
carrying on a tedious War the event of which is uncertain. 



COLONIAL RECORDS. 37 



[From Pollock's Letter Book.] 

April 21 Bt 1713 
May it please your Excellency 

Since my last of March the 6 th Col. Moore with the forces under him, 
have taken and killed 800 at least in the Tuscarora Fort and it seems, 
hath had as hard an engagement as ever was amongst Indians, since the 
settling of the English. We have killed and wounded in this expedition 
165, whites and Indians. 



[From the MSS. Records of the Friends Monthly Meetings in Pasquotank 

Precinct.] 



At a Monthly Meeting Held in Pasquotank at Symonses Creek the 
17 th 4 lh Month 1713. This Meeting Considering the Gross and Vile 
Aspersions That Thomas Robinson hath Spread abroad against Mathew 
Pritchard tending to Defame the Truth and make Friends odious appoint 
James Davis & Zacheriah Nixon to speak to him to be at the next 
Monthly Meeting. 

Also the Meeting's judgment is that all Friends that do suffer on 
Truth Ac' Either for not bearing arms or Refusing to pay Parish levies 
towards the support of the Churches so called do keep a true ac' of the 
sum they suffer & the day distress is made and Render the same to either 
John Symons or Joseph Gloster Also the queries were read and answered 
to, and Friends Desire is that all Friends be careful to keep work day 
meeting. Also Friends appoint John Morris & Henry White to repre- 
sent the state of this meeting to the Quarterly Meeting. 



[From Pollock's Letter Book.] 

Chowan April 25 th 1713 
Hon 11 Sir 

Your's of April the 7 th received, an am altogether of your opinion, 
that seeing wee are not able to carry on the war, it is best to make an 
honorable peace, if we can, whilst the smart of this blow is fresh in 
their minds : in order to which Tom Blount coming in here to the Coun- 



38 COLONIAL RECORDS. 



oil, we have come unto some agreements with him The chief whereof it 
that for his faithfulness and good service done to us, we will make and 
acknowledge him King and Commander in Chief all the Indians on the 
south side of Pamptico River under protection of this government ; and 
that we will make a firm and lasting peace with him and all the Indians 
that acknowledge him as sachem ; he being to deliver to us twenty of 
the Chief contrivers of the taking the Baron [and] Mr Lawson, and of 
Carrying on the massacre, whom we name to him ; and to deliver up all 
the captives, horses, arms, goods, and cattle taken from the inhabitants, 
and to pursue, kill, and take, as Enemies, the catchneys^ matamuskeets, 
and all other Indians, Enemies to the English ; and to deliver up to us 
any of his Indians that we can make appear hath had any hand in the 
massacre. These are the substance of the chief articles. For security 
of his performance of which he is the 10 th or 11 th of next month to be 
in at the assembly two hostages from each town that is left. 

Tom Blount informs me that most of the other Indians that were not 
in Wahasuke Fort, that was taken were got into an other Fort called 
Cohunke, who upon hearing of the taking of Nahasuke Fort all scat- 
tered, and left their fort, most of them going up Moratock River. 
And likewise he informs me that Couaguanee, the Sachem that went 
with three of Tom Blount's Indians to the Commissioners at albany, and 
procured the letter to this Government, (a Copy whereof I sent to your 
Honor) had come to his town with about ninety or a hundred of his 
Indians, and pursuaded him all he could against the English; telling 
him that they only amused him with fair words to keep him from doing 
them mischief, but when they had destroyed the rest of his nations, he 
might be sure to be destroyed likewise : but if he would take his advice 
he would settle him out of danger of the English. But Tom Blount 
says he would not hear him, but desired him to leave them to themselves, 
and mind his own concerns Now if Tom Blount come in and make a 
peace and do as he promises, we shall have only Matamuskeets, Catech- 
neys, and Cores to deal with, who albeit they may give us a great deal 
of trouble yet am in hopes, if Col. Moore continues with us with his 
Indians, they may be brought under in a short time. But if he do not 
come in and we are forced to go vigorously on with the war, we shall be 
in great want, I doubt of provision and ammunition ; for albeit we shall 
not have occasion of many white men, the Enemies being to be pursued 
only in the woods and swamps, where Indians are the best we shall have 
occasion of more Indians who must have provision and ammunition. I 
shall do my uttermost Endeavor for procuring all for them I can, and 
hope if it will fall out so that we shall want your Honor will assist us. 



COLONIAL RECORDS. 39 



As for a particular account of the seige and attack of the Fort, I leave 
it to the bearer Capt Maule, who was personally present, only that all 
our people behaved themselves extraordinary well, and far otherwise 
than Col. Barnwell represented them last year, and more indeed than 
could be expected from inexperienced men. 

As for Col Moore his indefatigableness in enduring the greatest fatigues, 
his conduct and courage at the seige and attacks were extraordinary, all 
which good qualities are set of with so much modesty that makes them 
more resplendent, and renders him an extraordinary man. 

If any news of importance, be very acceptible, and add to the many 
obligations received by Hon d Sir 

Your most obedient 

humble Servant 

THOMAS POLLOCK 

Sent by Capt Maule and John Lovicke 



[From Pollock's Letter Book.] 

April 30 th 1713. 
Hon d Sir 

Your of April 27 th by your messenger received. And as for Tom 
Blount, he was in with us at olir last Council, and we are come to such 
article of agreement with him as your Honor proposed in your's of April 
7 th and he is to meet us the 10 th or 11 th of the next month at the assem- 
bly fully to conclude the peace, of which by mine to you of the 25 th 
instant (by Capt Maule and John Lovick) have given your Honor a par- 
ticular account. Since mine of the 25" 1 there hath nothing of moment 
happened here, until the very moment before your messenger arrived, I 
had informations that the Matamuskeets (having I believe some of the 
Cores and Catechftee Indians joined with them) being in number about 
50 had fallen on the inhabitants of Alligator River, and, as they conjec- 
tured had killed and taken 16 or 20 of the Inhabitants the rest having 
escaped. Col Moore had sent orders to have one have one hundred of 
his Indians to come and Clear the woods about Matamuskeet ; but but 
believe they are not yet come : and I have sent out orders to the adjoin- 
ing military officers, to raise what men they can, and march after these 
Indians with all expedition ; but fear it may be to no purpose, they hav- 
ing advantage of such dismal swamps to fly into. And unless our aux- 



40 COLONIAL RECORDS. 



iliary Indians can drive them out of these swamps I can think of no 
better way, than of setting a garrison some where near their chiefest 
range, who may hinder their making of corn, and make some discovery 
where they keep their wives and children, which may be a means to make 
them remove. . 

As for the present state affairs here, I have not failed to give your 
Honor a particular account of all material passages since my administra- 
tion ; but shall briefly run over some few things. 

Our own divisions (chiefly occasioned by the Quakers and some other 
evil disposed persons) hath been the cause of all our troubles. For the 
Indians, being informed by some of the traders, that the people that lived 
here were only a few vagabond persons, that had run away out of other 
governments, and had settled hear of their own head, without any au- 
thority, so that, if they cut them off, there would be none to help them, 
this, with the seeing our own differences rise to such a height that we 
(consisting of only counties) were in armes each against the other, 
encouraged them to fall upon the county of Bath not expecting they 
would have any assistance from this county, or any other English plan- 
tations. This is the chief cause that moved the Indians to rise up against 
us, so far as I can understand. 

And as the Quakers with their adherents have been a great occasion to the 
rise of the war, so they with two or three persons more (not in such post 
of profit and trust in the government as they desired) have been the chief 
cause that the war hath not been carried on with that vigour it ought, by 
their disobediance to the government encouraging other to disobey, and 
in severall precints, they, being the most numerous in the election fields, 
choose such numbers of assembly as opposed chiefly what was necessary 
for carrying on the war. So that the generalty of the people, seeing that 
the Quakers for their disobedience and opposition to the government rise 
actually in arms and had attacked the government and council had 
escaped without any manner of punishment, were emboldend to do the 
like; and seemed to want only one to head them to carry on another 
insurrection. 

As for ability in carrying on the war: it is so little that we must if 
possibly we can upon honorable terms, conclude a peace, the country be- 
ing more in debt than I doubt they will be able to pay this ten or twelve 
years, our public bills not passable, and little or no provisions to be 
raised in the Government to maintain any forces out against the enemy. 

At the breaking up of the assembly, shall give your Honor an account 
of what conclusions we come to with Tom Blount, and all other material 



COLONIAL RECORDS. 41 



passages here, and intend then to send the Lords Proprietors a clear view 
of the state of their country so far as I can ; and I shall not be unmind- 
ful to give them a full representation of your great and hearty endeav- 
ours for the good of this poor people and safety of their country. And, 
I hope, when you write home concerning this government, you will do 
me the justice to represent that I have not been neglectful in doing what 
possibly could for the safety of this place 



[Council Journal.] 



North Carolina — ss 

Att a councill holden at y e house of Cap' Thos Lee in Chowan on y 8 
8 th day of May A 10 D" 1713 

Present The Hon Wo Co" Tho 8 Pollock Esq r Presid' &c 
r Tho 8 Boyd ") 
The Hon- ^Gale \ ' Esq" Lds prop* Dep- 
L T Knight J 

Daniell Richardson Esq 1 The Lds prop'" Receiver Gen" moveing to 
this Board for Advice Concerneing Lands formerly purchased and not 
yett pattented by reason of the troubles and Confusions this Country 
has long since layne unc? It is y e Oppinion of this board that Whereas 
Severall persons have taken up and Survey'd Lands according to y° usu- 
all maner after y* rate of ten pounds ft thousand acres before the arivall 
of y e Lds prop 1 ™ Instructions Signifying that noe more Lands should be 
sold at that rate It is farther oppinion of this Board that y 8 Said Dan- 
iell Richardson may receive of all such persons Whose Surveys are 
returned upon purchase before an order of Councill Dated y 8 27 th Day of 
March 1711 persuant to their Ldsps Instructions for that purpose after 
the rate of ten pounds for every thousand acres and that upon produce- 
ing the s d Richardson rec* or Certifficate for y° same or y" rec' or Certificate 
of y" Receiver Gen 11 for y° tyme being as also for y* arrearage of y° Quit 
Rents Due thereon from the Date of y" Survey at y 8 rate Six pence ft 
hundred acres Pattents may & ought to be made out & Granted for y e 
Same 

Whereas Daniell Richardson Esq 1 is_ Directed in his Instructions to 
pay unto y" Atto 8y Gen" of this Province y 8 Sume of forty pounds ft 
6 



42 COLONIAL RECORDS. 



Ann for his support in y° Said Office out of their Ldsps Revenues and 
Edward Bonwicke Esq r haveing Executed that Office from y° first day 
of June last past and Still Continues in y u Same therefore It is y* oppin- 
ion of this Board that y" Said Sallery of fforty pounds f Ann Doe 
of right belong and ought to be paid to y" Said Edw d Bonwicke from y e 
afs d first day of June untill he shall be superseeded in that Office. 

Upon motion of Tho s Robertson by Edw a Moseley his Atto ny ag' Ste- 
phen Scott Showing that y e Said Scott had been bound to him y b Said 
Robertson as an apprentice to Serve him for five yeares to learne y° trade 
and mistery of a Carpenter & house Joiner & that y° said Scott has 
absented himselfe from his said masters service and his Indentures are 
lost either by y" said Scott or otherwise and y b matter being duely heard 
on both sides And there appearing to this board that there was Indentures 
Drawn between them by which y" said Scott was bound to j° Said 
Robertson for y e space of ffive years as afs d 

It is Ordered by this Board that y° said Scott doe returne to his s d 
master againe and that there be new Ind rs drawne between them for y° 
remainder of y" five Yeares yet to Come there being one yeare and two 
months past and that security bej given for y e performance thereof on 
both sides the said Robertson assumeing before this Board that for y" 
future he will not Imoderately correct or abuse y" s d Scott dureing y e Said 
Services. 

Upon Petition of Benja Pritchard being Summoned as an Evidence 
by Tho s Robertson ag' Stephen Scott. 

Ordered that he be allowed for two days Comeing & Two days going 
& two attendence pursuant to an Act of Assembly for that purpose 

The last will and Testa mt of Jno Jones of Coshoke Creek dec d was pro- 
duced before and proved by y e oath of John Bird — who being sworne 
said that he saw y e s d Jno Jones Signe Scale & declare y° same to be his 
last Will & Testa"" and also that he likewise saw Tho" Arnold & Jno 
Holbrook signe y e same as evidence. And farther (being Interogated 
thereto) Said that the Legacy of Land in y e said Will mentioned to be 
given to Eliza Lewerton was given by y° Testator to her and her Hevrs 
for ever that y" word (Heyres for ever) was by him neglected or forgotten 
to be set down he being y° person that wrote v* same 

The last will & Testa mt of Tho" Jones dec d was produced before this 
Board and proved by y 8 Oath of David Henderson one of y» witnesses 
thereto. 

It is Ordered by this board that Cap' Robert West W" Walston Mar- 
tin Griffin and Charles Barber or any three of them being first sworne 



COLONIAL RECORDS. 43 



thereto Doe appraise y" Estate of Thomas Jones dec d and make returne 
thereof accordingly. 

It is Ordered by this Board that Cap' David Henderson Cap' Robert 
West, Jno Hawkeings and Rich d Pickering or any three of them (being 
first sworne thereto) doe appraise y e Estate of John Jones Dec d and make 
returne thereof accordingly. 

Upon Petition of Symon Alderson praying Letters of Administration 
on y* Estate of Symon Alderson his Dec d father as being his Edest Sone 

Ordered that y 8 same be granted as pray d 

Upon Petition of y° Hon Ue Richard Sanderson Esq r showing that M r 
James Addams is Dead Without Will and that be is indebted to your 
petition 1, and therefore prays Administration on his Estate as Greatest 
Creditor 

Ordered that y 8 same be Granted as pray'd 

Upon Petition of Capt. Richard Sanderson Jun* showing that Bartho 
Wolfe is dead without will and considerably Indebted to. him y e s d San- 
derson and thereupon prays Adm tion on his Estate as Greatest Creditor 

Ordered that y 8 Same be Granted as pray'd 

Ordered that M r W m Barrow ffra Garganus Henry Warren & David 
Perkins or any three of them (being first sworne thereto) doe appraise 
such of y s Estate of Robert fiendall in y e County of Bath as Shall be 
presented to them & make returne thereof accordingly. 

Evan Lewis Adm tr of y 8 Goods & Chatties of George Birkenhead dec d 
produced an account to this Board & proved y° same by his Oath by 
which it appeares that he has paid the sume of 05£ 18 05d more than all 
y e Estate of y e said Birkenhead that ever Came to hands doth amount to 
and therefore prays a quietus est which is Granted. 

Upon Petition of the Hon" 8 Rich d Sanderson Esq r praying appraisors 
may be appointed to appraise the Estate of M r James Adams dec d whereof 
he is Adminis tr 

Ordered that W m Leary Tho 8 Taylor fibster Jarvis and Izarccum 
Parker or any three of them being first sworne thereto doe appraise j 
said Estate &■ make returne thereof accordingly 

Upon Petition of Cap' Richard Sanderson Jun r praying appraisors 
may be appointed to^appraise y 8 Estate of Bartho Wolfe Dec d whereof he 
is Adm" 

Ordered that W m Leary John Jones Henry Slade and John Jones 
Jun* or any three of them being first sworne thereto doe appraise y e said 
Estate and make returnee thereof accordingly 



T e 



44 COLONIAL EECOEDS. 



Cap* Eichard Sanderson Jun r pressented an account ag' y e Estate of y e 
Hon" 8 Edward Hyde Esq r Dec'd amounting to y" Sume of £13 03 s 00 
and as his petition was admitted to prove y" Sume by his Oath which he 
did accordingly 

Upon Petition of M rs Mary Lee by and with y" Consent of her hus- 
band Cap' Tho 8 Lee praying that she may have the tuition and keeping 
of her Grandchild Catha Tyler and Infant y* father and mother of it 
being both dead 

It is Ordered by this Board that the said M M Mary Lee have y" Guar- 
dianship of y° said Catha Tyler untill she shall come to the age of twelve 
years 

Upon Petition of Jno Bird praying that appraisors may be appointed 
to appraise y° Estates of Peter Avelin and W m Eawleson dec'd of both 
which he is Exec tr 

Ordered that Cap' David Henderson Capt Eobert "West Tho" West 
and Eichard Pickering or any three of them doe appraise y" said Estates 
being first Swornc thereto before Some magistrate and make returne 
thereof accordingly 

It is Ordered by this Board that y e Hon Ue the presid' be Impowered 
of himselfe to negotiate any affair relateing to y° Warr either with Co 11 
Moore or any others and to send into Verg a and ord r Soe much of y" 
Money given to this Governm' by them to be layed out in provissions or 
other nessessarys as he shall think fitt 

THO' POLLOCK 
THO" BOYD 
C GALE W m EEED 

T KNIGHT 



Hon d Sir 



[Fbom Pollock's Letter Book.] 

May 25' b 1713 



I doubt not you have have had a full and true account of the glorious 
victory obtained by your forces under the command of Col. Moore over 
our Indian Enemies in killing and taking 800 of them at least in their 
strong Fort, winch as it hath dispirited and struck a terror in all of them, 
so I hope it will in a short time bring peace and safty to the people here| 
which will be altogether owing to South Carolina under your Honor's 
government. Col Moore hath bravely and gallantly- discharged the 



COLONIAL RECORDS. 45 



trust put in him, enduring the greatest fatigue with cheerfulness, thereby 
encouraging his men, carrying on the siege of the Fort with great pru- 
dence and discretion, and storming it with great resolution, courage and 
conduct, and his moderation and modesty setting a great lustre on all his 
other virtues. 

AVe have concluded a peace with King Blount and all the other Tus- 
caroras that will come in under him, he being to deliver up all that we 
can prove had any hand in the massacre ; a copy of which articles have 
sent herewith, enclosed, we were induced to this by reason we were not 
able to raise more provision to maintain the army; and also it was 
thought better to have some of them on the frontiers than to have our 
out plantations lie open to the insults of any of them that should 
escape, or of any other straggling Indians. Wherefore would entreat 
your Honor to put a stop unto your Indians coming in here until we 
see if keep the articles of peace or not. If Blount keep the peace, we 
shall have only the Mattamuskeets and Core Indians to mind, who of 
late have done us great mischief, having killed and taken of our people 
since my last to you, about 45 at Croatan Roanoke Island, and alligator 
River, these being about 50 or 60 men of them got together between 
Matchepungo River and Roanoke Island which is about 100 miles in 
length and of considerable breadth, all in a manner lakes, quagmires, 
and cane swamps, and is, I believe, one of the greatest deserts in the 
world, where it is almost impossible for white men to follow them. 
They have got likewise boats and canoes, being expert watermen, wherein 
they can transport themselves where they please. Col. Moore is gone to 
get what Indians are left to go after them, only a few that stay at Core Sound 
to guard the people there from some few of the Cores that lurk thereabout ; 
and I have ordered some of our people to go by water to take their boats 
and canoes, to intercept their passage. If they have good success in this 
expedition. I hope it will end the war. Provision being very scarce 
here, the assembly thought it fit to have Col. MacKey's sloop hired in 
the country's service, to carry off what slaves the Indians have here, and 
to continue in the country's service between South Carolina and here 
until the wars are ended. As for what is owing M r Lahorn for his 
sloop's hire, I have put into the assembly, but the provision being all 
spent to maintain the army, there is no possibility of a raising his pay 
until next winter, at which time, if he employ an attorney, I question 
not the assembly will, raise it for him. Col. MacKey hath behaved him- 
self extraordinary well here; he with his twenty Yamassee Indians 
defending all Bath County from the insults of our enemies, keeping a 



46 COLONIAL EECORDS. 



watchful eye over Neuse and Parnplico from Col. Barnwell's departure 
until Col Moore arrival. As for Col. Barnwell, I can find nothing more 
meterial to be made appear here against him than what your Honor hath 
account of already : as for what private transactions have been carried 
on betwixt him and M r Moseley, they have been kept so in the dark that 
it is next to an impossibility to prove them. 

In answer to your's by M r Roach and one from himself I wrote to him, 
that if any person had wronged him, the law was open and he should 
have justice done him impartially ; and for what goods of his had been 
impressed for the countrys service, on his putting his claims into the 
assembly I doubted not it would be allowed him ; and as to his settling 
here in this government; he being one excepted in the proclamation, if 
he came in and gave bond with security to answer at the provincial court 
what should be objected against him on Her Majesty's behalf, when 
required, that I was willing he should not be called to answer until the 
Lords Proprietors' pleasure therein were known ; notwithstanding which 
he comes with his sloop into Neuse River, and there trades for slaves and 
other goods without entering or clearing with the collector, but gets a 
simple man by threatening and drink to enter and clear his Vessel, and 
so is gone without paying the duties imposed on West India goods by 
our law, as I am informed ; so that he acts with the greatest folly imag- 
inable, expecting Your Honor will protect him in whatever he does 
here. 

Col Cary is newly arrived from England, and I do not understand 
that he hath brought anything from the Lords Proprietors, only says that 
Brigadier Nicholson is to be here very shortly to regulate and settle all 
affairs, and I heartily wish he were, not doubting but being a prudent 
and generous man he would take such measures as would prove effectual 
to bring the people under due obedience and to see that the laws were 
better put in Execution, which is practicable now to be done without 
raising a difference and rebellion again amongst ourselves, which might 
prove fatal in this juncture, while the Indian war continues. 

If your Honor would order Col Moore's stay here with what Indians 
are left, being in all about 120 as I am informed, would be of great ser- 
vice to this country, and I hope would be sufficient in short time to end 
the war here, if Blount keep his articles of peace, which I am in great 
hopes he will, if your Indians do not come in and force him to fly back 
with the rest of the Tuscaroras, for he now being to be the back-guard 
of our frontiers, if he K „ off with the rest, we shall lie open to the insults 
of all of them, and of all other straggling Indians, and by that means 
know no end of the war. 



COLONIAL RECORDS. 47 



Your Honor's extraordinary favors to this poor people are inexpress- 
ible, and ought to be imprinted in all our minds in indelible characters. 
As for my own part, I shall be ambitious to find any ways or oppertunity 
to acknowledge at least my gratitude, and to testify that I am in all sin- 
cerity 

Hon d Sir 

Your Most obedient Humble Servant 

THOMAS POLLOCK 

Hon" Sir 

Col Moore having but about 1 20 or 130 Indians left so far as I under- 
stand ; and if he should think them too few, or that some of them leave 
him and march home, so that he writes that he writ that he hath occasion 
of more Indians, I would entreat your Honor to send them in. For I 
am very desirous that you have the whole Honor of ending the war with- 
out the help or assistance of any of other neighboring government. 

T. P. 



[Fkom Calendar op Virginia State Papers. Vol. 1. p. 166.] 



GOVERNOR SPOTSWOOD TO GOVERNOR POLLOCK ON 
INDIAN POLICY. 

May 1713 
To Coll Pollock, 

S r 

I have rec d yo rs of the 25 th and 30 th of laft moneth, whereby I per- 
ceive you are fallen into the same measures, I proposed for establishing 
a peace with y" Indians, only with this variation, that you insist upon 
higher Terms, than I can think prudent at the Juncture : for as to the 
delivering up to you 20 of the Cheif contrivers of the seizure of the 
Baron & Mr. Lawson, and of carrying on the Massacre, and thofe to be 
named by you, it will be fitt to consider how shocking this will be to all 
the consid ble men of that nation, who will without doubt, beleive that 
they themselves will be the persons pointed at, and rather choose to haz- 
ard their lives, by the chance of war, than submitt to a certain death, by 
yielding themselves your prisoners : the insisting likewise on the deliv- 
ery of such of Blunts Indians, as have had any hand in the Massacre, 
will make them averfe to this Treaty, and render Blunt, incapable of 
Executing what engagements he shall make to you — In my opinion, 



48 COLONIAL RECORDS. 



after so many have been made Captives and destroy'd, and that with 
such exquisite tortures (as I have been told), an Act of indemnity might 
very well be pressed for the rest — Not that I am pleading for any favour 
as due to those Indians. On the contrary, I think all that had any hand 
in y e Massacre deserve death : But in the present Circumstances of. yr : 
Country (of which the Indians are not altogether ignorant) it seems very 
improbable they should submit to worse conditions upon a peace, than 
you are able to force them to, by carrying on the war : and notwithstand- 
ing Blunt may be induced to sign such a Treaty as you propose, yet you 
will be as far as ever from establishing a peace by that means — for the 
experience I have had of those very Indians, hath shown me that they 
are easily persuaded to promise any thing, but that there is no depend- 
ence upon'their performance, except where they can find in it either their 
interest or their Safety. So that if a peace can be obtained with the 
delivery of two or three of the Ringleaders in y e Massacre, and thofe 
named by you before the Treaty, the reft will then imagine y m selves out 
of danger, will neither interrupt ye Treaty, nor be like to break y° peace 
after its conclusion — 

As to the practices of the Northern Indians, I have formerly, and now 
again by the man of war, that carry s M" Hyde given Coll Hunter a 
particular acc ot thereof, and desired him to use his endeavours for pre- 
vention thereof for the future — The inclosed pr. ml : will informe you 
of the latest & most material piece of news we have here — 



[B. P. R. O. B. T. Virginia. Vol. 14. p. 19.— Extracts.] 



LIEUT. GOV. SPOTSWOOD TO LORDS OF TRADE 2 JUNE 

1713. 

Virginia June the 2 d 1713. 

My Lords, 

Since my last dispatch to your Lordships of the 11 th of February 1 
have had little to add to the trouble that gave you relating to the Affairs 
of this Colony, and I doubt not your Lordships will receive with as much 
satisfaction as it is to me to write the happier prospect of affairs in the 
neighbouring Province of North Carolina; the forces sent thither this 
winter from South Carolina under the command of Col 1 Moore have 
obtained a considerable advantage over the Tusearurocs by the taking 



COLONIAL RECORDS. 49 



the only important Fort they had, and it and other Rencounters killed 
and made prisoners upwards of a thousand of that Nation. This blow 
having extremely frighted them, it was necessary to improve it by 
engaging them in a Peace, since the Government of Carolina is utterly 
unable to reduce them by prosecuting the war, and by the information I 
have received from the President of that Country of their disposition to 
fall into those measures I advised for establishing a Peace, I have reason 
to hope it is now very near, if not altogether concluded, the project whereof 
your Lordships will find in the Council Journal of the 16 th of April 
herewith sent. 

The making a peace with those Indians was the more necessary in 
regard of some late discoverys that they have been all along assisted in 
this war by the Senecas and others of the five Nations under the Govern- 
ment of New York-: for while the Carolina Forces were besieging the 
Tuscaruro Fort, a considerable body of those northern Indians came into 
the Tuscaruro Country, and would have persuaded the neutral Towns to 
join with them in raising that siege ; and the same body of Indians meet- 
ing with our Traders as they were going with a cargo of goods of the 
value of £1000 and upwards to traffique with the western Indians, fell 
upon them and plundered them of all they had, and at the same did 
not disown their being Mohacks and other Northern Indians, which the 
Traders likewise very well knew to be true, and was further confirmed 
by some of our Tributaiy Indians who going out upon the news of this 
Robbery mett with and killed severall of them. This brought the rest 
down on our Frontiers, and obliged me to command out all our Rangers 
in search of them, but they were retir'd 'ere our men could come up with 
them, and so escaped with their booty. 

A. ^SPOTSWOOD. 



[Fbom Pollock's Letter Book.] 

Cjjoan June 8 th 1713 
Hon d Sir 

We have concluded now a peace with Tom Blount; a copy of the 
articles have herewith enclosed. What trust may be put in this peace I 
know not, only am in hopes the smart of this severe blow that they 
have had, with the fear they have of South Carolina Indians, may in- 
duce them to keep it for some time, at least until we are more able to 
7 



50 COLONIAL RECORDS. 



withstand it. To observe what measures Tom Blount takes, and to 
be guard to from the South Carolina Indians if they should again attack 
him have sent out a brother of Col. Tom Moore's and one M r Charles 
Glover, who went from hence with him the 2 d of this instant, with Tom 
Blount's wife and two of his children and his sisters son ; whom our 
Indians had taken, and I sent and had redeemed from them. 

An Assembly having adjusted what public claims were put in, and 
enacted the making more public bills to the value of eight thousand 
pounds to pay them and make all our public bills passable for all debts 
for rated commodities of the country, were adjourned until August next. 

Col. Moore, immediately after the breaking up of the assembly, went 
to pamplico, in order to get his Indians together who have been ranging 
all over the Tuscarora Country, to make a decent on the Matamuskeets, 
who have done us great mischief. And some of our people are gone 
after them by water. If it please God to give them good success in this 
Expedition, and Tom Blount keep his articles of peace, I hope it will go 
near to end the war. But I believe it will be necessary to keep what 
South Carolina Indians are here until next fall [at] least, for fear of some 
eruption, and until matters are better settled : only we are much strait- 
ened for want of provisions, there not being sufficient left to supply Col. 
Moore's forces this expedition. I have sent to see what can be raised, 
but I believe it will be very little. If we should want I hope your 
Honor will assist us with some. I believe fifteen or twenty thousand 
weight of biscuit may go near to supply two hundred men until our corn 
come, as for wheat, there is such a scarcity of corn here, that the people 
will be forced to spend most of it themselves. 



[B. P. R. O. B. T. Proprieties. Vol. 30. p. 386.] 

June 18 th 1713. 

To the Right Hon" 16 the Earl of Dartmouth. 
My Lord, 

Charles Eden Esq re *having been recommended to Her Majesty by the 
Lords Proprietors of Carolina to be Gov 1 of North Carolina, and Her 
Majesty having been pleased by Her Order in Councill of the 18 th of 
May 1713, to declare Her Allowance & Approbation of the said Charles 
Eden to be Governor of the said Province accordingly, Provided he 
give good and sufficient security, that he duly observe the Acts relatiiu- 



COLONIAL RECORDS. 



51 



to Trade and Navigation, And We having received a Certificate from 
Her Majesty's Remembrance Office, that the said Cha : Eden has pur- 
suant to Her Majesty's Order in Councill, given the usual Security of 
1000£ for his due Observance of the said Acts, do take this occasion to 
acquaint Your Lordships the inclosed Draught of Instructions for Her 
Majesty's Royal Signature, to the forementioned Lords Proprietors of 
Carolina, relating to the Acts of Trade, being to the like Effect as those 
that have been given to theni, & to all other Proprietors of Plantations 
on the like Occasion. We are 

My Lord 

Your Lordships 
Most Obedient and 
Most humble Servants, 

PHIL: MEADOWS. 
ROB' MONCKTON. 
FRANCIS GWYN. 
Whitehall THO: FOLEY. 

June 18 th 1713. T. HYNDE COTTON. 

Mem 1 The Instructions men 4 in this 
Letter, are the same as those for 
M r Hyde, Entred folio : 337, Ex- 
cept the Additional Clause & the 
two Clauses of an Act, Entred 
folio : 367, w ch having relation 
only to the time of the late War, 
were left out in those to M r 
Eden. 



[Council Journal.] 



North Carolina — ss 

Att a councill holden at y 6 house of y e Hon ble Tho" Pollock Esq r in 
Chowan on y 6 25 th day of June Anno D ni 1713 

Present 
The Hon We Tho s Pollock Esq r Presid' &c 

Tho" Boyd 
Nath Chevin 
Christo Gale 
^ T. Knight 



The Hon We 



Esq 1 Ldsps Dep' 7 



52 COLONIAL RECORDS. 



The Hon We the president haveiug reported to this Board that King- 
Blount hath brought and delivered up to him Eight of our Enemy 
Indyans men and farther signifying his Intentions of sending a Vessell 
to y e Wet Indyas and that he is willing to buy y* said Indyans in order 
to send them off in his said Vessell and be accountable to y e publick for 
y e Same 

Whereupon It is Ordered and agreed by this Board that the Hon We 
Presid' have and take y 6 Said Eight Indyan men to his owne use he 
paying & allowing to y° publick y" Sume of ten pounds f Indyan with 
which he sayth he is Content 

C GALE THO s POLLOCK 

T. KNIGHT THOS BOYD 

N. CHEVIN 



[From Pollock's Letter Book.] 

Chowan June 25 1713 
Hon* Sir 

Yours of the 3 d instant is now before me, and must needs sincerely 
acknowledge that our lives, liberties, and estates are in a manner wholly 
owing to your goodness and generosity, and I wish before you had sent 
out the last forces you had received mine by Col Mackey, who I believe, 
is gone in his sloop for Charles Town For since Capt Moore went from 
hence, the Tuscarora Indians in that other Fort that was not taken, with 
most of the other Tuscaroras, as we are informed, are fled northerly, only 
Tom Blount, who hath but very few left with him, with whom we have 
concluded a peace, the articles of which have sent you in my last by Col 
Mackey, so that we have now only the Matamuskeet, Core, and Catechny 
Indians to deal with, against whom your forces here before and those 
newly come by water in probability are sufficient ; so that your forces 
that are coming in can expect no advantage to themselves by slaves, and 
besides all our corn here in a manner is quite spent, so that most people 
will be forced to spend what wheat they make, and it will be so much as 
possibly can be done here to supply the forces hero already. For which 
reasons immediately on receipt of yours, sent to Col. Moore to send and 
stop them if possible from coming. For their coming in now might be, 
I fear, much to our damage, and no advantage to them, for since if they 
come in they will be force to come and live amongst the inhabitants, 



COLONIAL RECORDS. 53 



until corn is eatible, which will be three months in which time they will 
destroy -a great many of their stocks, which [it] is to be feared would 
cause an insurection against the government. 

I am very sensible of the great charge and expences your Country 
have cheerfully undergone for our safety and heartily wish we were capa- 
ble to make you satisfaction. But I can assure you, the poverty of the 
people here is very great, more than you can well imagine, which I hope 
your Honor, the Council and assembly will consider of. 

As for the sloops hire, and for the arms and amunition sent in to Gov- 
ernor Hyde, shall do my uttermost endeavor with the assembly to have 
it raised next winter in such comodities as may be suitable for your 
parts. 

The army here now are out against the Mattamuskeet Indians, in 
which expedition if they succeed it will go near to finish the war. Our 
latest news from Europe is the Great Turk's causing the King of Sweden 
to be secured and carried a prisoner from Bender to adrianople, for what 
reason is not known, and that peace was proclaimed at London the 9 th of 
April, which at least wants a confirmation. 

Col Thomas Cary is newly arrived here from England, and likewise 
have received a copy of a letter from the Lords Proprietors directed to 
me and the Council, wherein they give an account that they have author- 
ised the Honorable Brigadier Nickolson to enquire into the cause of the 
late disorders of the people in this country, and require that no prosecu- 
tion may be on that account until he came. 

Hon d Sir 

Col Mackey's sloop being now employed in this country's service by 
desire of the assembly, M r Laifghorne's sloop may be cleared at here 
return. I hope by my next to your Honor to give you account of your 
forces under Col. Moore destroying the Mattamuskeets, and finishing this 
tedious war, which is earnestly desired by — 



[From N. C. Letter Book S. P. GL] 



MR. RAINSFORD TO MR. CHAMBERLAYNE. 

Chowan Carolina July the 18 th 1713 
Worthy Sir 

Tho' this be my third to you I have not been honored with a line 
from you since my arrival in these parts — I cannot help concluding you 



54 COLONIAL RECORDS. 



have writ to me in Mr. Urmstones packet which he received by Capt" 
Harvey of the Royal notwithstanding his silence in the matter- 1 need 
not use repetition in describing the miseries of the Government was 
lately exposed to I need only say that we seem not to enjoy peace, tho' 
some mischiefs are done by scattered Indians in the remote parts of the 
colony, all due care is faken by Col 1 Pollock our president to suppress 
them, and wherever they are taken they are destroyed. So that I pre- 
sume in a little time the country may be cleared of these savages. King 
Blount (as they term him) has obliged himself to clear the West Shore 
of Chowan River which he seems to be, indefatigable in the Country is 
miserably poor and there is nothing to be expected from the inhabitants, 
since the Ashley River Indians destroyed their stocks for my part I 
never received the value of a Bushel of Corn since I was concerned here, 
but what I gott by weddings — I did not continue in Virginia near two 
months and even that time my want of health obliged me to it. I am 
now at Squire Duckenfields on the west shore of the Sound, pressed on 
by Capt" Maul our present Surveyor to stay there some time by reason 
of the great want there is of me — I have had several invitations to Vir- 
ginia with great allowances would I accept them as appears by Col 1 
Duke's letter to me who is one of the councillors of that colony, but I 
chose rather to slight them for the service I am engaged in I have 
obeyed the Society's Orders to a punctilio in giving you an account of 
my proceedings half yearly and shall endeavour to do, so during my 
continuance I am melancholy enough that I can have no answer to my 
Bills drawn on M r Hodges which I can't but think is very hard, consid- 
ering I am left destitute in this remote part of the world, you ever ap- 
peared my good friend in London and dare I presume should entreat you 
to solicit him to dispatch this drawn on him now as well as the former — I 
can't imagine how he thinks I can subsist, the country allows nothing 
and of consequence the Society must be my support and I hope for the 
future more punctual payments will be made I design (God willing) to 
continue here till I receive an answer to this, and could then wish for a 
place of settled residence. The difficulties I have gone through are 
almost inexpressible and one distemper or another like the Thunder & 
Lightning continually disturbing me. Thank God, I am extremely 
beloved by the Inhabitants which is notorious enough and were they in 
any condition I should have their assistance I shall never get M r 
Adams' Books from Old Sanders and therefore hope you'll consider me 
by remitting me a parcel in the next Ships that come to Virginia please 
to direct them to meet me at Hampton and care will be taken there to 



COLONIAL RECORDS. 55 



send them me up. The choice I leave to your better Judgment though 
I could wish for some of Physiek, with D r Cave's 2 Vol : of the lives 
of the fathers, and all Colliers Essays and Norris's works, D r Leaks sin- 
gle Vol : would be of use I take all imaginable care to discharge the great 
trust that's reposed in me according to conscience I am ashamed to tell 
you of my fare : for the whole year is one continued Lent fish being the 
constant attendant on the Table I have writ to my good Lord of Lon- 
don as I am in duty bound and also to M r Hodges I beg of you Sir to 
send those Books and remind M r Hodges if you please to pay Shop 
Bills, for when I want money I send to Virginia to M r Edmond Kerney 
Merchant there and he supplys me I shall take no other way of pay- 
ment during my stay here it being the readiest and best. 

I am Sir &c 

GILES RAINSFORD 

Missionary 



The Hon MB 



[Council Joubnal.] 

North Carolina — ss 

At a Councill holden at y° house of y° Hon ble Co" Tho s Pollock Esq r 
in Chowan on ffryday 7 th day of Aug' Ano D ni 1713 

Present the Hon* 1 ' Tho s Pollock Esq r Presid' &c 
"Tho s Boyd ] 

I^Tob' Knight J 

Whereas divers persons in this Gover mt have for a long tyme past held 
Lands on no other title than a survey and doe refuse to pay any Quit 
Rents therefore because they have noe pattents for y e same notwithstand- 
ing their own neglect is y° Chiefe Cause thereof 

Wherefore it is Ordered and Declared by this Board that y e Quit rents 
of all Lands are Due and ought to be Levyed and paid from y° date of 
y 6 Survey notwithstanding pattents are granted for y" same at any tyme 
after 

It being represented & complained of to this Board that Prichard Jas- 
per has sold as a slave one of our ffriendly Indyans Wherefore It is 
Ordered by this Board that the Provost Marsh 11 of Bath County or his 
Deputy doe take y" said Jasper into his custody & him hold until he give 
good Security to appeare before this Board on y e third day of y" next 
Gen 11 Court to answer the said Comp 1 ' 



56 COLONIAL KECOEDS. 



Whereas Comp 1 ' has been made to this board by Maj r James Coles that 
Tho" Bayly Author Winchester Jno Winsloe James ffitch Jn° Newby 
Benja Munday W m Ellat and Jonathan Sherwood in a mutinous maner 
did Contemn and resist the Lawfull authority of this Governm' being 
Imprest on an Expedition ag' Indyan Enemy 

Wherefor It is Ordered by this Board that y 6 Provost Marsh 11 or his 
deputy doe take y e severall persons above named into his Custody & 
them hold untill they give good Security to appeare at y° next Gen 11 Court 
to answare y" said Comp" and in y* mean while to be of their good 
behaviour. 

M r John Porter one of y" Exec trs of y° last will & Testaru' of his 
father Jn° Porter Dec'd produced to this board y" Said last will & Tes- 
tam' of his said father proved before Jonathan Thomas Mayo r of Bridge- 
water in the County of Somersett in the Kingdom of Great Brittian and 
prayed Letters Testamentary thereon And also that appraisers might be 
appointed to appraise y" Said Estate and make division thereof accord- 
ing to y" purport of Said Will. 

Ordered that Letters Testamentary be Granted on the said Will accord- 
ingly and that Co" Edward Moseley Mr James Tooke M r Tho s Peterson 
M r Nicho Crisp and M r Arguste Lymonds or any three of them being- 
first Sworne thereto before some Magestrate doe appraise y e Said Estate 
and make Division thereof pursuant to y" purport of the said Will 
as afs d 

Upon reading of a Letter lay'd before this Board by the Hon bI " the 
presid' from y e Lds prop'™ wherein their Ldsps doe direct us to forbeare 
any Acts of Hostillitys or Severity ag' Co" Cary or his adherents for 
any of their late Crimes or Misdemeanors in this Governm* untill V 
arrivall of Co" Nicholson whome they have authorized to Enquire into 
those Matters 

It is thereupon agreed that all further prosecution ag* y° Said Cary or 
any of his adherents for any Crimes Mutiny s Insurrections or Rebellious 
past be respited untill y° arrivall of said Co" Nickolson pursuant to y* 
Directions of y° Lds prop" 8 afs d or untill wee are Certainly advised that 
y° Said Nicholsons Intentions of Comeing are altered — 

Ordered that Capt Jenkins doe deliver to y" provost Marsh 11 a Mellatto 
Boy which he pretends was bound to him by his parents in order that 
he may be sent to his said parents againe 

It is Ordered and Agreed by this Board that y" Hon Me the president be 
fully Impowered to treat w"' y Meherrin Indyans and to enter into Such 



COLONIAL RECORDS. 57 



Articles or Agreem" w" 1 them on behali'e of this Governin' as lie shall 
think fitt — 

THO» POLLOCK 
THO" BOYD 
C GALE N CHEVIN 

T KNIGHT 



[B. P. R. O. B. T. Virginia. Vol. 58.] 



JOURNAL OF VIRGINIA COUNCIL. 

The 12 th day of August 1713. 
On reading at this Board a Copy of the articles of peace concluded 
between the Government of North Carollia and King Blunt and others 
of the Tuscaruro Nation. It appearing that in the said Treaty no notice 
is taken of any of her Majesty's other plantations, although the Govern- 
ment of North Carolina could not be ignorant that on their account this 
Country hath been particularly in open hostility with the Tuscaruros & 
that in all the advances made by the said Tuscaruro Nation for making 
Peace with this Colony particular stipulations have been insisted on by 
this Government in favour of the people of Carolina ; and since before 
the conclusion of the said Treaty with Carolina the Governor did by 
several Letters desire that Virginia might be included or that Blunt 
should be sent in hither to treat a part and give assurance of his future 
peaceable behaviour to the Inhabitants of this Colony. The Council 
cannot but consider this proceeding of the Government of North Caro- 
lina as an act highly prejudicial to her Majesty's service very disrespect- 
full to this Country and ill deserving that assistance which has been 
given from hence in the Exigency of their Affairs. And therefore the 
Council are further of Opinion that the orders, for seizing such of the 
Tuscaruros as shall come within this Colony be continued and the pris- 
oners now in custody secured untill the said Blunt shall come in to con- 
clude a Peace with this Colony. And the Governor is desired to insist 
with the President of Carolina that he be sent in accordingly. 



58 COLONIAL RECORDS. 



[B. P. E. O. B. T. North Carolina. Vol. 6. p. 29.] 

1713. August 13 th 

HENRY DUKE OF BEAUFORT PALATIN, JOHN LORD 

CARTERET AND THE REST OF THE LORDS 

PROP" OF THE PROVINCE OF NORTH 

CAROLINA IN AMERICA. 

To Francis Brooke Esq* 
Our Surveyor General or to the 
Surveyor General for the time being 
of our Province of North Carolina. 

Charles Eden Esq r our present Governor of North Carolina having 
given us many proofs of his inclination to our service, and his hearty 
Endeavours to promote the general good of our Province aforesaid, We 
are therefore desirous to give him all due Encouragement for the same, 
And We do hereby command you our Surveyor General, to admeasure 
and set out for the use of the said Charles Eden and his Heirs 1000 
acres of land, according to the Rules and Customs of our said Province, 
that Grants in Fee may be passed to him, and his Heirs accordingly 
reserving a Quit Rent of Ten shillings yearly to be issuing out of the 
same to us, Our Heirs and Assigns for ever. 

And for so doing this shall be your sufficient Warrant Given under 
our Hands and Seals at S' James this 13 th day of August 1713. 

BEAUFORT Palatin 
CARTERET 
M. ASHLEY 
J. DANSON 



[Council Journal.] 



North Carolina — ss 

Att a councill holden at y° house of The.Hon We Tho 8 Pollock Esq r 
Presid' &c in Chowan on Saturday y° 19 th day of Aug' A no D ui 1713 
Present the Hon ble Tho s Pollock Esq, Presid' 

(Tho 8 Boyd ) 
The Hon w V Christo Gale VEsq r Lds prop Dep tJr 
(T Knight j 



COLONIAL RECORDS. 59 



Upon Complt made to this Board by Daniell Gutheree Dep ty Marshall 
for y 8 precinct of pasquotank that Robert Morgan Jno Sawyer Sen r Jno 
Sawyer Jun r Edward Williams Richard Hastins and Robert Sawyer did 
uterly refuse to pay y" fine of ffive pounds due from them by act of 
Assbly for not going out in y° Indyan Warr And in Contempt of the 
said Act did by fforce and amies Rescue and take from him y e Marsh 11 
divers g'oods on which he had made Distress for y" Same pursuant to y e 
Said Act. 

Whereupon it is Ordered by this Board that y 8 provost Marshall 
or his Deputy doe forthw* take the severall persons above named 
into his Custody & them hold untill they give good Security for their 
appearance at y" next Gen" Court to answare y" Said Complt and that 
in y" meane while they be of their good behaviour — 

Whereas the Sloop Yamesee Transport now belonging to Capt Edm d 
Bellinger is Imploy'd in y° Service of this Governm' 

It is ordered by this Board that Capt Lyon 11 Reading Cap' Jn° Drinke- 
water Capt Jno Clarke & Tho" Harding or any three of them being first 
Sworne thereto doe forthw th appraise y e Said Sloop w th all her tackle 
furniture & Apparrell and make returne thereof accordingly 

THO s POLLOCK 
THO 8 BOYD 
C GALE 

T KNIGHT 



[From Pollock's Letter Book.] 

Copy to Governor Craven. 

Chowan Sept 1" 1713 
Hon'd Sir 

Yours of August the 6 th by the yamassee packet-boat recieved. and as 
for sending letters by Capt Maurice Moore to request a fresh supply of 
forces with all expedition it is certianly a mistake for I sent no letters at 
all by him, neither knew I of his going until after his departure. My 
letters then sent to you were by M r Paule, the master of the sloop or 
packet boat, dated February 20 th being a month before the fort was taken, 
at which time there was no occassion of sending for more forces : neither 
in any letter that I have sent will you find that I have trifled, been want- 
ing in any promises, or unsteady or uncertian in my councils; all that 



60 COLONIAL KECOKDS. 



are acquainted with me know that I do not use to be so unto any person, 
and much less to one of your worth and character, and whom in a great 
measure I owe my own and the country's safety. And as for what evil 
methods or customs may be in North Carolina, I shall not now determ- 
ine, but can assure you that I hate such base ways as much as any per- 
son under your government. I write not this to raise any contest or dif- 
ferences with your Honor, which I shall always shun, but to justify 
myself if he that was agent, or any other person wrote to you for more 
forces, it was without my knowledge. 

Your ordering Col Moore to leave a sufficient number of Indians 
behind, with a proper officer, to guard our settlement is noble and gener- 
ous, and adds a chain more to the many obligations we have to your 
Honor. 

Hon* Sir Col. Moore ever since his arrival here hath behaved him- 
self nobly and gallantly, and I believe his greatest enemies, (if he have 
any) can not find the least matter to blemish his management And I doubt 
not he will justify that I have not been wanting in my true Endeavors 
to supply and assist your forces. 

Hon 4 Sir As you have been our guardian angel to free and deliver 
us from our cruel and decietful enemies, so I hope, if they should break 
out again, (there being but little trust to be put in Indians) you will con- 
tinue your goodness and generosity towards us, and preserve what you 
have saved. As for your expenses about your arms and ammunition 
and the sloops here, shall not fail to use my utmost endeavor to have it 
satisfied this fall for if there be no occasion of raising of provision to 
maintain any forces, it may easily be done by the assembly, which is to 
meet November next. 

Having great confidence in King Blount, that having suffered so much 
he will now be glad to be quiet, and may be a good guard to our frontier 
where would entreat your Honor to put a stop to your Indians falling 
upon him until we see how he behaves himself Have ordered that the 
Yamassee Galley, on her delivering what is now sent into her at Charles- 
town by Col Moore, to be clear and out of our country pay, unless your 
Honor have occassion to send her here again. 

o 

That no cival jars or discords, nor foreign Enemies molest your admin- 
istration ; but that desired success may attend all your glorious under- 
takings, shall be the wishes of Hon d Sir 

Sent by Col. Moore 



COLONIAL RECORDS. 61 



[From Pollock's Letter Book.] 

Copy to Mr. Hart. 

Chowan Sep' 1 st 
Hon 4 Sir 

Yours of the 1 st of August received, and can never sufficiently acknowl- 
edge the great obligations this poor country has to you ; your industrious 
care and application, next to Governor Craven's having been the chief 
cause of bringing us in such a sure way of conquering our enemies, and 
of having peace and quietness. 

I am much troubled that Governor Craven seems to charge me with 
trifliug, breach of promise, and uncertainty and unsteadiness in councils 
without any cause or occasion that I know of, and I believe none that 
knows can accuse me of any such matters. The chief reason that I can 
gather by his letters is that by letters by Capt Moore he was requested 
to hasten in more forces to our assistance, and when he had sent them we 
ordered them back : which is a mistake for I wrote no letters by Capt 
Moore, neither knew I of his going until after his departure. What let- 
ters I then sent were by M r Paule, Master of the pacquet-boat, dated 
Feb. the 20 th , not requesting any more forces for being a month before 
the takeing of the Fort, we had then no occasion of more forces, and it 
was a surprise to me to hear of more forces coming. Howsoever, as soon 
as I heard of it I sent to Virginia, I sent all over our country to see to 
raise for them what I could, but I found it could not be done. And 
then, there being no enemy to go against but a few Mattamuskeets, 
against whom we had sufficient forces before, concluded it was better to 
send them back, than to have them lie here and destroy and eat up the 
people's stocks without any expectation of advantage to themselves in 
getting slaves : and which I believe would have raised most of the peo- 
ple here against me, at least have given the opposite party (which seems 
now to be more strong since Col. Gary came in) a handle to stir them up 
against me. 

Hon d Sir If it had been with me as it hath been not many years since, 
I would have supplyed them myself. But since the beginning of our 
troubles I have not been less out than £2500, besides £612 sterling in 
bills of Baron Graffenried came in protested so that I am not able to do 
as I would. I doubt not Col. Moore can testify that there hath been no 
want of my true Endeavors of supplying your army. 

Hon 4 Sir King Blount having suffered much this war gives us hopes 
that he will now be glad to be quiet, and may be a good guard to defend 



62 COLONIAL RECORDS. 



our frontier, and cut off what stragglers may be left of the Cores or Co- 
technees, and be a great help to us in destroying the Matamuskeets, that 
are left; wherefore would earnestly entreat your interest with the Gov- 
ernor to put a stop on any more of your Indians coming in against him, 
until we see how he behaves himself. But if he should break out against 
us (there being but little trust to be put in Indians) I hope you will con- 
tinue your goodness towards this poor people, and procure us what help 
would be necessary. 

Our assembly being to meet in November next, shall not fail in using 
my true endeavor to procure of them the raising of the Governor's Money 
for the arms and ammunition he sent and for the hire of the pacquet boat 
in such commodities as may answer. I am incapable of expressing our 
obligations to Col Moore, who ever since his first arrival hath behaved 
himself as a valiant, wise, and prudent commander ought to do. 

As the delivering of innocent captives, of widows and fatherless, of 
aged and impotent from their cruel and barbarous enemies, and the reveng- 
ing innocent Christian blood shed by them must needs be meritorious 
actions (if any are) so albeit these poor people are not able in the least to 
retaliate Governor Craven, you, and the rest of your Government, who 
have been instrumental in our deliverance; yet I doubt not, Heaven will 
pour down its chiefest blessings upon you for such virtuous noble deeds, 
which shall be earnestly wished for by him who most sincerely is, 

Hon d Sir 

Y r M. O. H. S' 

Sir — Albiet the ceasing of the war and discharging of the packquett 
boat may take of much of the occasion and oppertunity of writing to 
you, yet shall be very ambitious of the honor of the correspondnce of so 
worthy a person as you are, and shall not fail of presenting my humble 
respects to you by all opportunities. T. P. 

sent by Col Moore. 



North Carolina 
To Capt Edward Bellenger, Master of the Yamassee Gaily. 

You are, after having taken on board what Col. Moore pleases to send 
by you and having cleared according to law, to make the best of your way 
with the Yamassee Gaily to Charlestown in South Carolina and there 
having entered your vessell as the law requires make delivery of what 
you have according to Col Moore's orders, and then the vessell to be 



COLONIAL RECORDS. 63 



cleared and discharged of this country service, — unless Governor Craven 
have occasion to send here in again here, which if he have then obey 
such orders and instructions as you shall receive from him. Your safe 
and prosperous voyage is hartily wished for by Sir 

Your H Serv* 

T. P. 



[B. P. E. O. Board of Trade. North Carolina. Vol. 5. p. 71.1 



Sir 

The public Business having call'd some of the Lords Proprietors out 
of the Town, their Lordships commanded me to inform you that at the re- 
quest of the Gentlemen of your province they had consented that their 
Order prohibiting the sale of land except such as should be directed by 
Special Warrant, sign'd at their Board should be revok'd and their Lord- 
ships have directed warrants as usual for the sale of Lands to be issued 
out of the Secretarys Office, with such conditions as are expressed in their 
warrant herewith enclos'd to which I refer you. 

I am further directed by their Lordships to transmit you a Copy of a 
Letter they receiv'd from the Lords of Trade and plantations wherein 
Her Majesty is pleased to Command that none of Her Subjects be sent 
from any of Her Majesty's Plantations as Prisoners, without good Proof 
first made of their Crimes and that proof transmitted along with such 
prisoner. 

As to the Letter their Lordships received from you and the Council 
relating to the Boundaries between South and North Carolina, their 
Lordships took that Business into their consideration but thought it a 
matter of such consequence that it required to be more maturely consid- 
ered of, and therefore adjourned it for that time I shall take care to lay it 
before their Lordships at their next meeting and shall endeavor all I can 
to have a determination of that Matter in your Favor. 
I 

Your Obedient humble Serv' 

R. SHELTON 

Sep" 3 d 1713 



64 COLONIAL RECORDS. 



[Council Journal.] 



Noeth Carolina — ss 

Att a Council! holclen in y e house of Co 11 Tho 8 Pollock Esq 1 in 
Chowan on Wednesday y" 22 d day of October A no D ni 1713 

Present the Hon" 18 Tho 8 Pollock Esq r presid' & c 
(Nath Chevin ) 
The Hon Wes { Christo Gale VEsq rs Lds prop tr8 Dep tys 
( T Knight j 

Cap* Tho 8 Lee having represented to this Board that he by virtue of 
a comission from y e late Gov r Hyde for Rainger had taken and secured 
a conoe that formerly belonged to one Jn° Butler who bad fled for divers 
Crimes from South Carolina and pray'd an ord r of this Board to whome 
he might deliver ye' said Conoe 

Orderd that y° Said Canoe doe remaine in the Custody of y e Said Lee 
untill farther Ord r of this Board 

Willfn ffryly haveing represented to this Board that he had taken up 
a Horse Some tyme ago that was a stray & unmarked horse by Virtue 
of a Comission from Wm Glover Esq r the late presid 8 of y° Councill & 
Comand r in Chiefe which said Horse was first taken up by James Long 
by virtue of a comission from Co 11 Cary in y° tyme of his usurpation 
Wherefore prays y e said Horse may be Confirmed to him y e Said ffryly 
by virtue of the afs d Comission And this Board haveing Considered the 
matter it is their oppinion the said Horse Doe properly belong to y e said 
ffryly as afs d and thereupon 

It is Ordered that y" said Horse doe remaine to y 8 said ffryly's owne 
proper use 

Upon Petition of Mad ra Catha Hyde Adm tr of y° Goods and Chatties 
of y 8 Hon Wo Edw d Hyde Esq r praying appraisors may be appointed to 
appraise y' Estate of y 8 said Edw d Hyde 

Ordered that Cap' Robert West M r Jn° Bird M r Jn° Hardy and M r 
Tho 3 West or any three of them being first Sworne thereto Doe Appraise 
all y° Goods & Chatties of y 8 Afs d Edward Hyde as shall be presented 
to them by the said Catha Hyde adm tr as afs d 

Whereas it doe appear to this Board that there is likely to be very 
greate Want of provisions to suply y u Wants of y" army that is Dayly 
expected from South Carolina as well as for our owne force now in arnica 
ag* the Indians 

It is ordered by this Board that uoe Graine be exported out of this 
Governm' either by Land or water untill farther order from this Board 



COLONIAL RECORDS. 



65 



and that all officers Conserned in y* Clearing of any Vessell Doe have 
Due regard to this order 

Whereas it dos appeare to this Board that there has been divers per- 
sons Imploy'd by the Hon bl8 Edw d Hyde Esq* late Gov r of this province 
in receiving and Collecting y e Quit Rents in this Governm' for the end 
therefore that it may appeare to this Board of whome and how much 
moneys there has been rec'd by those persons 

It is ordered by this Board that all snch persons as have been so Im- 
ploy'd by y 8 Hon We Edw d Hydes Esq r in Recovering and Collecting any 
Quit Rents as afs d Doe render a true and Just acco' thereof in manor 
following (Viz 4 ) the name of y" person from whome rec'd the number of 
acres they hold and how many years Due and to whome they have 
accounted for y° same which acco' they shall returne into y" Sec' 7 " Office 
in order to be lay'd before this Board by the last day of November next 
and they will answ r the contrary at their perill 



C GALE 
T KNIGHT 



THO s POLLOCK 
THO" BOYD 
N CHEVIN 



[Council Journal.] 



Esq 1 Lds prop' rs Dep ty * 



North Carolina ss 

Att a Councill holden at y e house of Cap' Tho' Lee in Chowan on 
Wednesday y" 4 th day of Nov 1 A no D™ 1713 

Present The Hon ble Tho 3 Pollock Esq 1 Presid' &c 

\ Tho s Boyd 
N Chevin 
The Hon Wes { W m Reed 
C Gale 
T Knight 

Upon Petition of Maj r Morris Moore showing that one W m Harris a 
Soldier und r his Comand is lately Killed by the Enemy Indyans and 
prays that such of the Estate of said Harris as is to be found in this 
Goverm' may be put into his Custoday for defraying his Just Debts. 

Ordered that y e said Maj r Moore has Adm' ion of y e s d Harris's goods 
Committed to him for y" purpose afs d — 

It appeareing to this Board that Kellam Tyler is Dead and hath left 
One Only Child by name Katherine Tyler liveing & an Infant and Tho' 



Blount being nearest of Kin to y" 
9 



Kelk 



66 COLONIAL EECORDS. 



It is Ordered by this Board that the said Tho B Blount have y e Guard- 
ianship & Tuition of y° Said Katherine Tyler and also Adm tion of all 
Goods and Chattle that were of y" said Kellams on behalfe of y" said 
Katherine and dureing her Minority — 

Upon Petition of Solomon Jordain Showing that One Roger Snell was 
bound to his late wife before his marriage w' h her— untill he shall come 
to y e age of Twenty one yeares which tyme has not yet Expired And y e 
Said Roger has now absented his Said Services therefore prays an Order 
of this Board to take up his said servant againe 

Ordered the y e said Sollomon Jordain be Impowered to take up y° said 
Roger Snell wherever to be found and keep him untill he shall Come to 
y° said age of One & Twenty Yeares pursuant to his former Indent- 
ures — 

Upon Petition of Jno Debt Showing that when he was out in y e Ser- 
vice of this Governm' ag' y° Indyan Enemy the Provost Marsh 11 made 
Distress upon a hand saw belonging to him for five shills Due for his 
Levy's which hand saw is now in y e possession of ffra Beezely being p d 
to him for y" afs d Sume of five Shills by the Treasurer of the Precinct 
of Perquimons And prays that he may have his Said Hand saw againe 
paying y* afs d Sume of ffive shills to y e Said Beezely therefore 

Ordered that y e said ffra Beezely doe deliver to y° s 4 Jno Debt y e 
afs d handsaw he paying & Delivering to him the sume of five Shills in 
good & Merchantable Comodityes of this Governm' at y e rated price 

Whereas Sollomon Jordain haveing represented to this Board that Jno 
Walker former husband of his late wife Eliza Jordain Did by his last 
will & Testam' Order & bequeath a plantation to him belonging in Nuse 
and not Pattented to be disposed off for the paym' of his Debts and the 
said Jordain's father showing that he has & is willing to pay and Discharge 
the Said John Walkers Debts and therefore prays that he may have a pat- 
tent for y e Same Land in his owne name. But for want of the will of 
y e Said John Walker to make the Same Allegation Certainly appeare and 
to prevent y 6 afs d Land Lapsing before he can produce y° Same 

It is Ordered that y e Said Land doe Continue on y" Same foot it now 
stands on untill y e next Councill in Order that y c said will may be pro- 
duced and then if it dos appeare as is above alledged that the s d Jordain 
have a pattent for y" same Land paying to y" Lds prop' 18 rec r the pur- 
chase money now Due therefore. 

Upon Petition of Jno Smith wick showing that a tract of Land on 
Kesiah River Conteyneing 440 acres was formerly granted to Edw d 
Smithwick by Pattent and is Lapsed for want of Seating and prays the 
same may be Granted to him 



COLONIAL RECORDS. 67 



Ordered that y same Land be granted to y° said John Smithwick as 
pray'd 

Upon Petition of Rich d Davenport Showing that a tract of Land 
lyeing on Morratock Conteyneing 640 acres was formerly granted by- 
patt to Wm Jones & is now Lapsed for want of Seating and prays the 
same may be granted to him 

Ordered that y" Same Land be Granted to Richard Davenport as 
pray'd 

Upon petition of John Whitby showing that he being Indebted to 
One Eberniezer White y° Sunie of 10£ Confessed Judgem' for y' Sume 
in y 6 Gen 11 Court in July last upon promise that y e s d Ebineza would 
not take Execution within a Twelve monthes after Nevertheless the said 
Whitby being Imprest by the Hon bl8 Co 11 Boyd to go after y e Indyan 
Enemy the said White then Imeadiately tooke out Execution by virtue 
of which y b Sherrifl'e James Dange levyed & Seized one horse mare & 
yearling of a much greater value than y° said debt and without any 
notice given to yo r Pett r Sold y" horse and he farther showeth that at his 
returne from y° service afs d he went and tended the money to y 6 said White 
upon which he wrote to y e said Dange to deliver y° afs a horse mare and year- 
iug which he utterly refused & still dos detayn the same Contrary to Law 
therefore prays that upon his paying w' is actually Due that the Sherriffe 
may returne his goods agaiiie &c And y e matter being Duely heard & 
Considered by this Board 

It is ordered that y 8 Said Dange doe deliver the said Horse mare and 
yeareling to y" said Whitby againe he paying to y° s* Dange the afs d 
Debt Ten pounds w th the Costs due to y° said Judgem' Deducting there- 
out his reasonable Cost and Charges in presenting this Petition 

Upon Petition of W m Mitchell Showing that Jno ffoster is Dead and 
hath made noe will, & that he is greatest Creditor to y" Dec'd & there- . 
fore prays Letters of Adm ti011 may be granted to him on y e said ffosters 
estate 

Ordered that y c said W m Mitchell have Letters of Adm tion as pray'd 

The Hon ble Co 11 Thos Boyd produceing to this Board a Certifycate 
attested and und r the hand of Phillis Askue Widd & relect of Tho" 
Askue Dec'd thereby Impowering him y e said Tho" Boyd to take 
adm tion on y" said Estate of her dec'd husband as greatest Creditor where- 
upon 

It is Ordered by this board that adm tion be granted to the said Tho" 
Boyd as afs a 



68 COLONIAL RECORDS. 



Tho s Roper having made appeare to this Board that he hath a right 
to £7 13 d out of the Claime Due to Jno Toby who was killed in Warr 
ag' y e Indyan Enemy by a note under y e said Tobys hand which said 
note is either lost or mislaid amongst y° papers of y e Ass Mjr 

Whereupon It is ordered that y 8 said Tho" Roper have y e afs d same of 
£7 13 d out ofy" publick Treasury if soe much of y" Said Tobeys there 
found to be Due & unpa d 

Upon petition of Jno Whitby Showing that his wife who was the 
Widdow & Relect of Tho 8 Russell Dec'd Obteyned Orders for Letters of 
Adm' ion on y 8 Estate of her said former husband in y e precinct Court of 
Corratuck by pretext of which y" said Court did exact security of his 
said wife in her widowhood and afterwards of him y* said Jn" Whitby 
Obliging him to returne and Inventory of y° said Russell Estate to that 
Court of which he haveing failed the Deputy Marshall of the said pre- 
cinct und r pretext of an Order of y e said Precinct Court Did break open 
his the Said Witbys house & Seize and Carry away his Household 
goods as also all his Catle and other things as well of right belonging to 
him y 8 said Whitby as w' was of y 6 former Estate of the said Russell 
Contrary to Equity and Good Conscience 

Whereupon it is Ordered by this Board that the said John Whitby 
have Letters of Adm tIon in right of his said wife on y° afs d Tho 8 Russells 
Estate and that the Said Deputy Marshall of Corratuck precinct Doe 
returne all y 8 Goods Chatties & Catle that he tooke under pretence of 
the afs d Order to the said John Whitby at his Owne house w th all con- 
venient speed as he will answare y 8 Contrary at his Perrell without any 
Cost of y e said Jno Whitbeys either for y 8 Execution of the afs d Order 
or for the Delivery againe of y 8 Said Goods or of any proceedings that has 
been had thereon and that he returne an Inventory of y" Said Estate to 
y" Sec tys Office pursuant to y" purport of his Said Letters of adm tion & his 
Security Given thereon. 

Upoii Petition of W m Mitchell Adm r of y 8 Goods & Chatties of Jno 
ffoster Dec'd praying appraisors may be appointed to appraise the said 
ffoster Estate. 

Ordered Nath Everett John Browning Mathew Addams & Henry 
Middleton or any three of them being first sworne thereto doe appraise 
y° said Estate and make returne thereof accordingly. 

Upon Petition of Co 11 Tho" Boyd Adm tr of y° Goods & Chatties of 
Thomas Askue Dec" praying appraisors may be appointed to appraise to 
said Estate 



COLONIAL RECORDS. 69 



Ordered that Henry Davis Patrick McKuen ffra ffeano & John Mc- 
Knen or any three of them being first sworne thereto doe appraise the 
said Estate and make returne thereof accordingly. 

Upon the Petition of Mary Lawson showing that a Tract of Land in 
Cuscopoung Conteyneing 109 was formerly granted unto James ffewox 
by pattent is lapsed for want of Seating in Due tyme & prays the same 
may be granted to her. 

Ordered that the said Land be Granted to the said Mary Lawson as 
prayd for 

THO s POLLOCK 
THO B BOYD 
T. KNIGHT N CHEVIN 



[Council Journal.] 



The Hon ble 



North Carolina ss. 

Att a Councill holden at y" house of Capt Hecklefield in Little river 
on Wednesday the 5 th day of November A n0 D ni 1713 

Present the Hon We Tho s Pollock Esq r Presid' &c 
Nath Chevin ^ 

w-£:f Es i r Lds p r °p tr De p tys 

Tob Knight J 

Upon Petition of Antho Alexander Setting forth that on y 8 20 th day 
of Aug* 1702 one John Burkett took up and surveyed (by Jn° Anden- 
son Dep' y Survey') a certaine parcell of Land conteyning 154 acres in 
Alligator Creek begining at a Gume by y° side of a great Swamp corn- 
only Called or knowne by the name of ffifty tree swamp running down 
y e s a swamp No 55 E' 46 pole y" No 77 E' 40 poles then No 65 E' 160 
pole then So 20 W 175 pole to y° pocofson then No 41 W 220 poles to 
y e first Station as in & by y° plott & Survey. thereof Signed by y° Said 
Anderson & ready to be produced will more fully and at large appeare 
and further showeth that for a valuble Consideration paid in hand to y" 
s d Jn° Burkett by your pet' y e Said Burkett did make over & Confirme 
unto him y e afs d Tract of Land as in & by a certaine Deed bearing Date 
y" 12 th of June 1705 Acknowledged in open Court Registered & ready 
to be produced will more fully and and at large appeare and farther 
showeth that he hath been ever since in possession of y° said Land either by 



70 COLONIAL RECORDS. 



himselfe Tenant assignes and Constantly and duely paid Quit Rents for 
y° Same rec' 8 for which he hath ready to produce and hath used all opper- 
tunitys to get a patent for y e Same but hath been hindered Chiefly by y" 
Confusion this Governm' hath been of late in Now Soe it is that one 
Mathew Midgett hath Surreptitiously Caused a survey of y e afs d Land to 
be made in his own name and hath under hand procured a pattent for y" 
Same altho he y" s d Alexand 1 was in possession as afs d and being Igno- 
rant of y 8 vile practices of y e Said Mathew Midgett had noe oppertunity 
to put a stop there to and therefore humbly prays that y 8 Said pattent 
may be cancelled & that he y e Said Alexander may have a pattent for y e 
Same as of right is Due to him And thereupon y 8 s" Mathew Midgett 
appeared and made his defence thereto and y 8 said Alexander having pro- 
duced a returne of y 8 Survey returned into y" Sec tys Office for y e afs d 
Land in y" afs d Burketts name as above sett forth in y 8 s d Petition and y e 
whole matter being duely heard & Considered on both sides 

It is Ordered & Decreed by this Board that y 8 Said Antho Alexander 
have a pattent for y 8 Afs d Land according to y" afs d Survey and y" Afs d 
pattent Granted to y 8 afs d Mathew Midgett as afs d is hereby declared to 
have been Surreptitiously obteyned And invalled to all intents and pur- 
poses whatsoever And It is hereby farther Ordered that y" Said Alexan- 
der Doe as Soone as Coiiviniantly he Can lay out his said Laud Accord- 
ing to his former Survey And that Mathew Midgett 'have Liberty to take 
up y 8 Vacant land if any there bee 

Upon the petition of Jonathan Evans Legatee of y° last will and 
Testam' of Richard Evans Dec'd Setting forth that his father Richard 
Evans was seized and possessed of a Certain plantation and Tract of 
Land Scituated lying & being in perquimons precinct Conteyneing three 
hundred and fifty acres and being Soe Seized and possessed as afs d 
Departed this life and by his last will and Testam' Devised y 8 same to 
him y 8 Said Jonathan as in & by y 8 said Will relation being thereunto 
had may more fully apear Nevertheless Peter Jones of y 8 afs d precinct 
well knowing the afs a plantation and tract of land to be y" Said Jona- 
than's Lawfull & rightfull Inheritance one hundred & fifty acres part & 
parcell thereof hath survey'd thereby Obstructing him y° said Jonathan 
to survey the same Contrary to Equity and Good Conscience wherefore 
prays that y 8 Survey made by the said Peter Jones may be null & Void 
And that he may be admited to Survey the Same 

Upon Petition of Mary Plobbs praying for an Escheat of a tract of 
Land in Nuse now in her possession fomerly belonging to David Whar- 
ton Dec'd 



COLONIAL RECORDS. 71 



Ordered that she has y 8 first right to that Escheat Complying w tb such 
Instructions as wee may receive from y° Lds prop' ra on that acco* 

Upon Petition of Richard Graves praying that he may Escheat a Cer- 
tain Tract of Land formerly belonging to David Wharton Dec'd lyeing 
between Cate's Creek & Island Creek in Nuse river 

Ordered that y e said Richard Graves have y e first right to y e said 
Escheat Complying with such Instruction as wee may receive from y° 
Lds prop™ on that acco' 

Upon Petition of John Walker of Corratuck precinct setting forth 
that he entered a tract of Land in Corratuck afs d w' h M r Tho Swann 
Dep' 7 Survey 1 in Nov 1 last & lay'd rights in his hands and requested him 
to survey y e Same Notwithstanding which he neglects Soe to doe & has 
now entered y 8 Said Land for another person and y e Said Walker have- 
ing settled on y e Same Land cloe therefore pray that a warr- may be 
directed y e Said Swann Comanding him to survey y 8 Same Land for him 
pursuant to his former Entry as afs d And it appearing to this Board 
that it has been wholly y 8 neglect of y" Said Swann that y" afs d Walker 
had not his Land duely lay'd out unto him as of right he ought in Due 
tyme and that y" same doe of right belong to him. 

Whereupon It is ordered by this Board y" afs d John Walker have y" 
s d Land laid out for him & that a warr' be directed to y 6 Survey' for that 
purpose. 

Upon Petition of Co" W m Bruce Showing that Peter Warden late of 
this Governm' is Dead without will and is Indebted to him y" s d Bruce 
in y" full & Just sume of fforty pounds by Specialty And thereupon 
prays Administration of Said Wardens Estate as greatest creditor 

Ordered that y 8 Said W m Bruce have adm"°° as pray'd and that Jn° 
Stafford George Bell W m Hancock Sen 1 & Jno Slocomb or any three of 
them being first sworne thereto doe appraise y° Said Estate of y 8 Said 
Peter Worden as it shall be presented to them by y° afs d W m Bruce 

It is ordered by this Board that Natli Chevin Esq' Collector of y e 
Queen's customes doe cleare M r James Tooke's Sloop with her Loading 
any former Order of this Board notwithstanding. 

Upon Petition of Richard Corp showing that Eliza Deane Widd is 
dead and hath made noe will and that he marry y 8 only Daughter of y° 
said Deane therefor prays Administration on ye said Deane's Estate in 
right of his wife as nearest of Kinn 

Ordered that Adm' ion be granted to ye said Richard Corpe as prayd 

Upon Petition of Cap' ffred Jones showing that he hath two tracts of 
Land Surveyd upon Morattock river (Viz') one conteyning 4700 acres 



72 COLONIAL RECORDS. 



by warr' dated Nov 5 1706 and another tract containing 440 acres by 
warrant of y" same and one tract of 600 acres by warrant of same lyeing 
on Nnse River and one other tract of 600 acres by warr' dated Aug* I s ' 
1706 lyeing also on Nuse river and ever Since that tyrne been ready to 
pay y" purchase money for y° same and still is ready provided he may 
have assurances for y e same and for as much as there is at present noe 
receiver in the Country on the Prop' rs acco' to receive y" said purchase 
money this boarde doe not think it proper to make or give any purchase 
pattents Nevertheless for secureing the said Jones's title to y° af sd land 

It is hereby Ordered that noe Collaterall Surveys or patentts thereupon 
Granted for any part of y° said Laud by what meanes soever made or 
obteyned Shall be of any Effect and that y" said Jones shall have pattents 
for y* same soe soone as any purchase pattents shall be granted from this 
Board for Complyeing w' h such Instructions as the Prop'™ in that Case 
shall send to this Governm' and that y" said warr' & returnes be recorded 

Whereas we are credibly Informed that Co 11 James Moore may be 
dayly Expected in w th the South Carolina fforces 

It is hereby Ordered that y° Hon We The president Doe give such In- 
structions and make such agreem" or Treatys w' h the said Co 11 Moore or 
ye Indyans in relation to carrying on this warr as he shall think Con- 
venient and Enter into such other Articles or agreem' w' h Tom Blount or 
any other of our Neighbouring Indyans as he shall think proper. 

Whereas we are Informed by the Reverend M r Jn° Urmston that M r 
Richard ffrench have and Doe take upon him to Administer y° Holy 
Sacram' of Baptisme and to marry person without being duly qualified 
for y e same 

It is Ordered by this Board that y° provost Marsh 11 Doe Sumons y" 
said Richard ffrench to appeare at y" next Councill to be holden at Capt 
Hecklefield on the third day of the next Gen 11 Court to answere to y e said 
Comp 1 ' and that he forbid y' said ffrench to marry or baptize any person 
in y e meanwhile 

Upon Petition of Tho 8 Snoden Sen r Showing that a tract of Land 
Scituated in perquimons precinct Conlevneing One hundred and Eio-ht 
Acres pattented in name of Benjamin Nicholson is lapsed for want of 
seating according to y" tenour of an act of Assbly in such Casts made & 
provided and prays y e same may be granted to him 

Ordered that y° said Land be granted to y" said Tho s Snoden as 
pray'd 

Upon Petition of Richard Lcary showing that a tract of Land on 
Island called Bats's Grave Scituate in Albemarle Sound formerly Granted 



COLONIAL RECORDS. 73 



to Richard Davenport is Lapsed for want of seating in Due tyme persu- 

ant to y" purport of an act of Assembly in that behalfe made and prays 

y e same may be granted to him 

Ordered that y e said Land be granted to y" Said Richard Leary as 

pray'd 

THO a POLLOCK 

T KNIGHT THO» BOYD 

C GALE W m REED 

N CHEVIN 



[B. P. R. 0. B. T. Virginia. Vol. 58— Extract.] 



Virginia 

Journal of Council in Assembly Friday Nov* 6 th 1713 
The Governor was pleased to make the following speech 
Mr Speaker 

Gentlemen of the Council 

and House of Burgesses. 

*P *T* -T* 'T' 

The Cloathing you intended for the relief of North Carolina has all 
been bought up and delivered but the greatest part of the thousand 
pounds still remains unexpended which has been occasioned by that Gov- 
ernment declining to join in such measures as I might reasonably think 
this sum was appropriated for, You shall have laid before you a particu- 
lar account of what has been expended whereby may be observed that 
part has been for stores of war sent to North Carolina and the rest for 
expeditions undertaken against the same Indians who were fighting 
against that Government. 



[From Pollock's Letter Book.] 



November 16 th 1713 
Yours of Oct. 16 th came to hand last night, and as for the Meherrin 
Indians", you have had wrong information concerning them : for they 
have answered to our Courts, they have submitted themselves to this 
10 



74 COLONIAL EECORDS. 



government, they have paid tribute here ; so that they have not always 
been accounted in your government; but, on the contrary, have always 
here been taken to be in this ; and it was only the convenience of trade 
that drew them to submit to yours, and the weakness of this government 
that suffered it. And moreover, they, living in the controverted bounds, 
are as much in our government as in yours, until the line determine 
under which they are. 

And as the tributary Indians under this government are as much under 
Her Majesty as the tributary Indians of any other of Her Majestys 
plantations, so if I had endeavored to recover or presume and insure? the 
right to these Indians for the Lords proprietors, I can not see wherein it 
would have been any encroachment on Her Majestys rights, which I shall 
always study to preserve to the utmost of [my] power. As for your 
Honor's acquainting us that we may not expect any assistance of men 
from the Meherrins, and that you have ordered them not to acknowledge 
our government, all that I can say to it at present is that if Her Majes- 
ty's subjects under your government had laboured under the hundredth 
part of the difficulties and trouble that the poor people of this govern- 
ment have, I should not only not have hindred those Indians that you 
had any pretence of right to, but have allowed and encouraged all other 
tributary Indians here, and all other Her Majesty's subjects to assist 
what they could. I think it very hard you should blame me for not 
appointing Commissioners to lay out the bounds, when I never had any 
orders thereanent, either from Her Majesty or the Lords Proprietors. 

I hope your Honor will take no exceptions at my lawful endeavors to 
maintain my masters, the Lords Proprietors, rights, so far as lawfully I 
can, it being my duty. 

We have had nothing of moment worth communicating to you these 
several months last past, only that some scattered parties of our enemies 
do still distress us out of their swamps and lurking-places, killing many 
of our people. 

But King Blount's men very often come up with some of them, hav- 
ing killed, taken and brought in the scalps of near thirty of them. And 
are in great hopes that, according to his promise, as soon as the people come 
from the northward that he expects that he will soon clear us of these 
straggling parties, which without his help we never shall be able to do 
ourselves. We have a report here that you are on some treaty with the 
Tuscaroras, and that there are intentions of drawing them in under your 
protection, and settling them in your limits ; which seems to me so unjust, 
and the consequences so apparently destructive to Her Majestys subjects 



COLONIAL RECORDS. 75 



here, that I can never think, those that mind their own interest more 
than your Honor? or safety and prosperity of Her Majesty's subjects, 
can pursuade your Honor to consent to it. King Blount had been with 
you long before this^but his sickness and lameness hath hindered him, 
as for what orders Her Majesty hath given concerning the controverted 
lauds, I know not, but can assure -you, since I was confirmed in the 
administration, have given no allowance to the taking and settling lands 
there. 

Hon 4 Sir I have on my part earnestly endeavoured for a fair and 
friendly correspondence, which would be most acceptable. 



[From N. C. Letter Book. S. P. G.] 



MR. RAINSFORD TO GENERAL NICHOLSON. 

Chowan, North Carolina Dec. 1 1713. 

I had the honor of a Letter (which you were pleased to convey) from 
the Society delivered me by the hands of our most worthy President, 
Col. Pollock. I understand my duty in part is to inform your Excel- 
lency what Libraries there are of the Society's in general, and of my own 
in particular in this Government. As to my own particular share of 
books, I received none except a parcel of small tracts with some prayer 
books which I dispose of where I see most occasion, and where the ne- 
cessity's of the people require, and where I find they are ready to put 
them to the use intended by the Society. I had an order of the Society's 
for the books of my Predecessor, the Rev d Mr. Adams who died in 
Curatack, amounting to the value of Ten pounds, and now in the hands 
of Mr. Richard Sanderson, but never received one, tho' I often applied 
for them. The place where I at present officiate is on the west shore of 
Chowan River, where there are a considerable number of Inhabitants 
well disposed to the Interests of our Church as truly zealous in the de- 
fence of the country from the common enemy. Thanks be to God we have 
no disturbance among ourselves, but all people hearts unite and every 
Member of the Government is as happy as the times will admit of under 
the wise and prudent administration of our good President. I heartily 
thank your Excellency that you were pleased to condescend to take notice 
of me in your Letter to the President, and shall readily shew my grati- 
tude by a cheerful and submissive obedience to your commands. There 



.76 COLONIAL RECORDS. 



is a great want of school masters in this Government for the instruction 
of children, which I hope you will be pleased to lay before the Society 
as you in your wisdom shall think fit. Please to pardon this presump- 
tion, and look upon it only as a branch of my duty which engaged me to 
let you know I received your commands, and how much I am (but with 
all due regard to the disturbance between us) 
Your Excellency's &c 

GILES RAINSFORD— Missionary. 



MR. URMSTONE TO GENERAL NICHOLSON 

North Carolina Dec' 1 — 1713 
Honored Sir 

The good news of your Honors safe arrival at Boston was very wel- 
come to most here and has increased rather than abated our longing desire 
of your presence here ever since we heard of the Lords prop™ their good 
intentions towards us in empowering so honorable a person to regulate 
the disorders and unaccountable confusions which the unhappy country 
hath been so long involved in the happy effects of the prudent care of 
other colonies when under your command makes your coming among us 
look the auspicious If ever we shall be a people worthy the care and 
protection of our mother country we must date it from the day of your 
arrival which God grant may be safe and speedy but give me leave to 
tell you your honor will have a pretty hard task on it I believe I need 
not tell you what a strange mixture of wretched mortals we have here 
many impatient of all discipline whether spiritual or temporal not a whit 
better than those St. Paul fought with at Ephes. & poor Col 1 Hyde 
during his short reign was vilely puzzled with them but the honest gentle- 
man our now honorable president hath met with many more difficulties 
not only a refractory disobedient and gainsaying people but a potent and 
cruel Enemy to struggle with when he took upon him so heavy a burden 
the Indian War was just begun but by his unwearied diligence and wise 
conduct hath been carried on with great success — A country preserved 
which every body that was but least acquainted with our circumstances 
gave over for lost and the Enemy forced to a peace upon Honorable 
terms our intestine broils and contentions (to which all the misfortunes 
which have since attended us are owing) are in a great measure appeased, 
factions and parties no longer heard of and all having sufficiently smarted 
for their past divisions agree in their good esteem and approbation of his 
administration his public spirit and earnest endeavours for the welfare of 



COLONIAL RECORDS. 77 



this Government tho' at the expense of a great part of his estate hath 
gained him a great influence over all sorts and if not blessed with a 
■ plentiful fortune he could never have waded thro' so many difficulties 

A perfect insight into the Interests of the country and a good estate are 
needful for a Governor and are very engaging with our folk and without 
that I plainly saw in Col 1 Hyde the character will be despised and the 
honor due unto it not supported — 

Sir in obedience to the commands of the Hon We Society & your honor 
I make you a humble tender of my best respects and take the liberty of 
assuring you I shall always have a due regard for the power wherewith 
you are invested by the Hon bl6 Society with reference to us Missionaries 
as well as to the merits and repute your indefatigable pains and generous 
concurrence in the promoting our most holy Religion as by law estab- 
lished hath deservedly gained you from all good men but to give you as 
directed a succinct account at present of all matters relating to my Mission 
would be too tedious — At a General Assembly next after Col 1 Hydes taking 
the Government on him a very favorable act was made in order to establish 
our Church but thro' the opposition of sectarists who are unwearied in 
seducing and perverting unsettled minds and stirring up an aversion in 
all that will harken them against our hierarchy and by reason of the 
poverty misery and calamities circumstances the country is reduced to — 
all Essays and attempts have proved abortive little or nothing done pur- 
suant to the said act neither know I when it can be expected there should 
be for my part I despair of ever seeing it the fatigues and hardships I've 
been continually-exposed to have quite wearied me, my constitution which 
has been heretofore healthy and strong and sufficiently tried by long and 
repeated Journeys and frequent change of climates is now broken — The 
air of America has been more disagreeable than that of a great part of 
the known world besides my health and strength are very much im- 
paired — 

I have supplied to the utmost of my power the whole county of Albe- 
marle which is of a great extent above three years and an half have left 
no corner of it invisible I never was so hard put to it in all my life to 
keep soul and body together and subsist my poor distressed family I 
have been ill used by one whom I intrusted 'to receive my Salary and 
lay it out in Goods which would have turned to a good account here but 
for want thereof have been forced to draw Bills for England to the value 
of £250 St. of which I could have easily made a thousand pounds this coun- 
try pay besides £45 St. I am to pay for my plantation when a dispute 
about the title is ended, which I believe will come before your honor. 



78 COLONIAL RECORDS. 



My fellow laborer Mr. Rainsford, was with us two or three days in 
August 1712 and returned to Virginia on pretence of fetching in his 
goods, but loitered there till the Indian War broke out, which deterred 
him from coming again till about a month ago. He is now set down in 
my parish and saith that when the Inhabitants have once heard him 
they'll forsake me, and I must be turned out. I fear he is of a very 
contentious temper, I have seen him but once, and that was by chance. 
His carriage towards me was very haughty, as if I was some contemptible 
inferior — a rupture, which is almost unavoidable, would be of ill conse- 
quence, create mirth and diversion, among our adversaries who are 
always ready with or without cause to revile and reproach us, and it 
would be very repugnant to the business and disposition of a missionary. 
I understand he expects his salary from the commencement of his Mis- 
sion, albeit he has done nothing for it. Mr. Gordon, my predecessor, 
was not at all out of the way in. demanding an hundred pounds ^per 
annum to come back again hither. I wish I had gone where at first 
designed although I have had here the augmentation he desired but 
believe that would not have engaged a timorous man to have stayed here 
so long as I have done. If your honor would vouchsafe to prompt the 
Society to take into consideration my mean circumstances the loss which 
I sustained in the mismanagement of their bounty the pains I have taken 
for want of assistance and the little prospect of any encouragement from 
the country it shall ever be acknowledged as an extraordinary act of your 
accustomed goodness and charity (for in truth I am very poor) by 
Honored Sir &c 

JNO URMSTONE 



[Prom Calendar op Virginia State Papers. Vol. 1. p. 170.] 



MESSAGE OF GOV. SPOTSWOOD TO THE H. OF BUR- 
GESSES IN REGARD TO THE RELIEF AFFORDED 
THE PEOPLE OF N. CAROLINA. 

December 7 th 1713. 
M r Speaker & Gen 18 of y e 

House of Burgefses — , 

I herewith send you a particular Ace' of what 
has been expended out of the sum, you appropriated last session for y" 
Relief of N° Carolina, & as ye proper vouchers that accompany it may 



COLONIAL RECORDS. 79 



sufficiently testify y' there has been no Fraud, so I'm persuaded each 
Article will show that there has been neither Extravagance nor Negli- 
gence in ye Disbursements & I can further assure you, y' every material 
expence has been alM'ays first resolved on in Council — I have not only 
supplyed that distracted Province w th more cloathing than their Presd' 
asked, & furnished whatever Ammunition & Stores of war he wrote for, 
but have also prefsed that Govern" 1 ' by repeated letters to give me a meet- 
ing at such time & place as their Pres dt should think convenient, in order 
to concert the most effectual measures for our assisting them : & even at 
last, to urge them to it, I undertook in ye depth of winter a journey to 
South Key. but it was thought fitting to send to meet me then only two 
Persons, who had no other Powers, than to receive y° cloathing, and to 
hear what I had to propose, & those Deputys plainly declared, that if I 
marcht any men to their assistance, I was not to expect from their Coun- 
try, any Provisions for them, & that tho their Afsembly by their address 
(w ch moved you Gent s of y e House of Burgefses, to grant the supply last 
Session) had solemnly promised to provide the same, yet would not their 
Government agree to give the least security for reimbursing me, if I did 
find out means to furnish the Provisions — Thus have I been necessitated 
to confine my undertakings against ye Tuscoroura Indians, to this side 
of Roanoke River, where I might have it in my power to subsist the 
men, that were commanded out — : & as I have in this service, chiefly 
made use of the Rangers, who are paid by another fund, & of our Tribu- 
tary Indians, who are always willing to march out for small Rewards, I 
have not expended half the sum I was entrusted with — But seeing that 
after all my zealous Endeavours & the Trouble & Expence; I have myself 
for these 3 years last past been at in behalf of our neighbours in N° Caro- 
lina, they have continually frustrated my Designs & put the worst con- 
struction upon them, how honestly or affectionately soever I laid them 
for that Countrys' Service, I must now desire to surrender my Trust, not 
doubting but the seven hundred & odd pounds w ch remain, can be readily 
applyed for the Security & benefit of such of her Mat 7 " Sub* 8 as will not 
prove ungratefull — 



80 COLONIAL RECORDS. 



[Records or General Court.] 



RECORDS OF GENERAL COURT. 

North Carolina ss 

At a Gen" Court holden for the province afs d on Tuesday 31 March 
Anno D ni 1713 

f The Hon Christo Gale C. J. 
P'sent <^ Thos Miller 1 j t j 

( Capt Jno Pettiver f 

And then the Court adjourned till y B morrow morning Eight of the 
Clocke. Wednesday Eight of Clocke the Court meet & satt 

P'sent utt supra. 

Antho Hatch Esq r one of her Matyes Justices of y e peace for this 
Governm' Tooke & subscribed y° severall oaths by law appointed for his 
Due Qualificacon together w' h y° oath of a Justice of peace and took his 
place at y e board 

And then the Court adjourned for an hower att an hower the Court 
meet & satt 

Nath : Chevin Esq 1 attorney of Co 11 Rob' Quarry Esq 1 personally came 
into Coui't & acknowledged the Sale of a plantation and tract of land 
containing ffour hundred acres lying on y" s d W' side of little river in the 
p'cinct of pequimans unto Cap' Rich d Sanderson 

Ordered to be Registered 

Upon petition of John fforree producing therew th an assignm' from 
Mary Whitte widd & relict of vinccnt Whitte Deed : to the right of 
admin istracon on the goods and Chattel Is of y" Deed : 

Ordered that the said Jn° fforrey have administracon on all and singu- 
lar the Goods and Chattells of y e said vincent white Deed and that 
Antho Markum Sen 1 Antho Markum Jnn Tho 8 Mackreel & Jn° Meades 
or any three of them : Inventory & apprize the Estate of v" said vincent 
Whitte as the same shalbe shewed unto them by the administrator bein»' 
first thereunto sworne before a Magistrate The Gent of the Grand Jury 
were sworne & are as followeth (viz') 

M r Jn° Jordan : M r Ebenezer Whitte M r Rich" Burtenshaw Sen M r 
Mathew Midgett M r Geo Harris Mr Bartho : Phelps M r Sam 1 Paine M r 
W ,n Carsewell M r Jn° Frueaile M r Jn° Harsell M r Tho 8 Avery M 1 Jn° 
White Sen M r Jn° White Jun r M r W m Jones M r Thomas Hieks M' Pat : 
Eggerton M r Jn° Clarke M r Jn° Hicks M r ffra : Hendrick 



COLONIAL RECORDS. 81 



u 



Co 11 TJio s Boyd Esq 1 ' Comes to proc his suite ag' Cap' W m Bray : and 
saith that the Def Stands Justly Indebted to the p" in the full Sume of 
fforty shillings: w oh from him he unjustly Detaiueth &c: and the Def 
being Called to make answer thereunto cutue not Whereupon the p 
prayd an attachni' ag* the Estate of the Def which was granted. 

Coll Tho 3 Boyd Esq r comes to pros his suite ag' Dan 1 MacKee : and 
Bartho: Phelps in a plea of Debt: and Saith that The Defts stands 
Justly indebted unto him the pi' in the full Sume of Tenn pounds cur- 
rent money of No: Carolina and* the Def 8 in persons appeares and con- 
fesses : fore one Barrill Stone Pitch & one Barrill of good sound Beafe 
and one good young Gentle cow & calfe according to the Condition of 
the obligation 

Ordered that the said Def 3 pay unto y 8 s d Co 11 Tho 8 Boyd : pi' one 
Barrill Stone pitch one good sound Barrill Beafe & one young Gentle 
cow and calfe with Costs alias Exe. 

Capt' Ju° Petiver Esq r comes to proc his Suite ag' Bartho : Phelps : 
in a plea of Debt and Saith That : the said Bartho : Stands Justly In- 
debted unto him the s d Jn° the full Sume & quantity of Three Barrills 
of Pitch to be Delivered att his the s d Johns Landing as by his noat 
under his hand into Court brought may appeare and the said Def in 
person Came & Confesses according to specialty. 

Ordered that the said Bartho : Phelps pay unto Jn° Pettiver Esq r the 
Said Sume and Quantity of three Barrills of Pitch Delivered at his y" 
Said Jn° Pettivers Landing according to Specialty w' h Costs alias Exa. 

Cap' Jn° Pettiver Esq r comes to pros his Suite against Jn° Snell in 
a plea of Debt and Declares for the Sume and quantity of nine Barrills 
of Marchantable Pitch w oh to him he oweth: & from him unjustly De- 
taineth &c : as in and by his noate under his hand into Court brought 
may appeare and the said Def in person appeares and confesses. 

Ordered that the said Jn° Snell pay unto John Pettiver Esq 1 nine 
Barrills of Marchantable Pitch according to Specialty with Costs alias 
Exa 

Lett Execution be stayed for three months 

A power of attorney : from Nath : Pi r kins of Boston to Cap' Jn° Pet- 
tiver Esq r was proved in Court by the oath of Tho 3 Parris and ordered 
to be recorded 

Math : Perkins of Boston by : Tho 8 Snoden his Attorney : Comes to 
pros his Suite ag' Robt Coomes : in a plea of Debt : and Declares lore 
y e Sume of Three pounds four Shillings and Six pence w oh to the said 

11 



82 COLONIAL RECORDS. 



Nath : Pirkins he oweth & from him unjustly detaineth &c and the said 
DeP in person appeares & Confesses 

Ordered that Rob' Coomes pay unto Nath Pirkins y° sume of Three 
pounds four Shillings & Six pence with Costs als Exe 

Nath : Pirkins by Tho s Snoden his attorney comes to pros his Suite 
ag' Rob' Coomes in a plea of Debt and Declares for the Sume of ffifty 
Shillings w ch to him he oweth: and from him unjustly Detaineth &c 
and the DeP in person appeares & Confesses 

Ordered that Rob' Coomes pay unto Nath Pirkins the said sume of 
ffifty Shilling according to Specialty w' h Costs als Exe 

Tho s Snoden Conies to pros his Suite ag' Rob' Coomes in a plea of 
Debt and Saith That the s d DeP Stands justly Indebted unto him y 6 p 1 ' 
in the full Sume of ffifty Shilling in good marchantable fresh porke and 
the said DeP appeares in person and Confesses accordingly. 

Ordered that Rob' Coomes pay unto the Said Tho" Snoden the said 
Sume of ffifty shillings in porke according to Specialty with Costs als 
Exe 

W m Robbison and Laurana his Wife personally Came into Court and 
acknowledged the assignem' of a pattent containeing four hundred forty 
five acres of Land lyeing in pascotank p'cinct to Rob' Keelt : 

Ordered to be registered 

A Will of Alexander Smith Deed : was proved in Court by the oathes 
of Geo. Haughton Joshua porter and W m Smith Evidences thereunto. 

Tho" Harris by Thos. Snoden his attorney Comes to pros his Suite 
ag' : Edw a Willams from an Importance the last Court and Saith That 
he y e Sd Tho a the first day of August last past was Seized and possessed 
of a certaine plantation and Tract of Land Lyeing and being in y" p r cinct 
of Chowan within the Jurisdiction of This Court Containing- one hun- 
dred Sixty Eight acres; As his proper & Rightful Inheritance and 
being Soe Seized & possesst as afs d the said Edw d afterwards (to witt) 
on the 28 th Day of the Said month of aug' with force & annas into the 
Same Did Enter & him the s d Thos' thereof Did Dissease and the 
Corne thereon Standing & Groweing with Certaine Treasts Did feed 
Tread Down and consume and other thing to him Did Enorminous and 
ag' the peace of our Sovereigne Lady the Queen that now is and to his 
Grevious Damage &c : and the DeP by Ed\v d Bonwicke his attorney 
Comes and Defend the force & Injury when «&e whatsoever eve and for 
plea Saith that he is not Guilty and of this he putts himself upon the 
Country and the p H in like manner wherefore it was Comanded the 
Marshall that he Cau.se to Come Twelve &c whome &c bv whome & 



:c 



COLONIAL RECORDS. 83 



who neither &c and there came" (to viz 1 ) M r Tho 8 Swann M* Tho 8 
Harvey M r Augustine Scarbro M r Tho s Collings Mr James Thiggpen 
M r Rich d Stamp M r Jno Davis M r Rob' Keelt M r Rob' Temple M r Jn° 
fforree M r Tho 8 passingham & M r W m Rayfield who being sworne say 
wee of the Jury find for the pi' Tenn pounds Damage with Costs 

Ordered that Edward Williams pay unto Tho" Harris Tenn pound 
w' h Costs alias Exa Isaac Willson Comes by Tho s Snoden his attorney 
comes to pros his Suite ag' Jn° Whittby and Declares for y" Sume of 
five pounds Eighteen Shillings and one peny halfe peny in good Tarr: 
w cb to him y s said Isaac: he oweth and from him unjustly detaineth &c 
And the Def ' being called to make answer thereunto Came not Where- 
upon the p" by his attorney af d prayed an attachm' ag' the Estate of y° 
Def w ch is Granted. 

Mosely vs Davis Cont. till next Court by Consent of pi' & Def. 

And then the Court adjourned for an hower 

att an hower the Court meet & Satt 

Ebenezer White : Comes to pros his Suite ag' Jn° Whittby in a plea 
of Debt and and Declares for the Sume of Ten pounds Ten Shilling w ch 
the s d Def to him Doth owe and from him unjustly Detaines as in & 
by one Certaine Instrum' of writteing obligatory under the proper hand 
of y e Def here in Court brought Doth & May appeare &c and the Def 
being Called to make answer thereunto Came not whereupon the pi* 
prayed an attachm' ag* y e Estate of y e Def w ch is Granted 

Edw d Moseley : by Tho 8 Snoden his Attorney Comes to pros his Suite 
ag' Tho 8 Holmes and Declares for the Sume of nine pound Sixteen Shil- 
lings : And five pence w ch the Def by his Certaine Noate or bill • under 
his proper hand to him the s d p" Doth owe & from him unjustly 
Detaineth &c : and the Def was Called to answer thereto but Came not 
whereupon the pi' prayed an order ag' the Marsh 11 

Ordered that the Marsh 11 of Albemarle County have the body of the 
said Tho s Holmes att y" next Gen 11 Court als Judgm' ag' the Marsh 11 
and the s d Marshall prayed an attachm' ag' the Estate of the s d Def 
which was granted him * 

Moseley v Jennett Con' by Consent 

Edw d Moseley : Comes to pros his Suite ag' Bartho : Phelps in a plea 
of Debt and Saith That the Def Stands Justly Indebted to him y e p 1 ' in 
y" full Sume of Twenty Shillings &c and the Def in person appeares & 
Confesses 



84 COLONIAL RECORDS. 



Ordered that Bartiio : Piielp* pay unto Edvv d Mosely Esq' the said 
Sume of Twenty Shillings w th Costs als Exa 

Jn° Newman by Edw d Moseley his attorney Comes to pros his accon 
ag' Obadiah Rich in a pica of y e Case : and Declares for the Sume of 
Six pounds Two Shillings and Eight pence : by acco' w ob the Def ' from 
him unjustly Detaines and the Def was Called to answ r thereunto but 
Came not Whereupon the p" by his attorney afs d prayed an attachni' ag* 
the Estate of y B said Def which was Granted accordingly * 

Jn° Newman by Edw d Moseley his attorney comes to pros his Suite 
ag' Jn° Dunn in a plea of the Case and Saith that the Def Stands Justly 
Indebted to him the p 1 ' in y 8 full sume of one pound Seventeen Shillings 
& a penny for Sundry good & wares by the p" to the Def Sold & Deliv- 
ered the- acco' of w oh is ready to be produced, and the Def was Called to 
answer thereunto but Came not wherefor the p 1 ' by his s d attorney prayd 
an attachm' ag' the Estate of y 8 Def w 8h was Granted 

Jn° Newman by Edw a Moseley his attorney Comes to pros his Suite 
ag' W m Willson Sawyer in a plea of Debt and Declares for the Sume of 
Eight pounds Curr' money of this province w ch to him he oweth & from 
him unjustly Detaineth &c and the Deft was Called to answer thereunto 
but Came not Wherefor the p" by his attorney afs d prayed an attachm' 
ag' the Estate of the Def 1, which is Granted 

Upon : petition of Jn° Whitte Sen & Jn° Whitte Jun r 

Ordered that the s d petition" be allowed the Sume of Eleven Shillings 
and Eight pence Each for their Traville & attendance being Sumon as 
Evidences by Tho" Harris ag' Edw d Williams in an accon of Tresspass 

Upon petition of Margreat Burnsby : praying to be admitted to Chuse 
hir Guardian Did of her own : volluntary and free Consent make Choyce 
of Joseph Oliver w 8h is admitted of by the Court 

Jn° Newman Came into Court and proved an acco' upon oath ag' Jn° 
Dunn fore the Sume of one pound Seventeen Shilling & a penny 

Upon petition of John Newman praying to prove his acco' ag' Obadiali 
Ricli Did prove the same upon oatli : amounting to y" Sumo of Six- 
pounds Two Shillings & Eight pence. 

Sam 1 Holland march' of Boston by Tho 8 S'noden his attorney Comes 
to prosecute his Suite ag' Isaac Willson of a plea That he doe render 
unto him the said Sam' y° Sume of flbrty four pounds fourteen Shillings 
& Six pence which to him he oweth & from him unjustly Detaineth &c. 
and Saith That he the Said Isaac; Stands Justly Indebted unto him the 
s d Sam 1 in the full & Just Sume of fforty ffour pounds forteen Shilling 
& Six pence payable in good marchantable wheat Porke or Pitch as in A 



COLONIAL EECORDS. 85 



by an acco' bareing Date att Divers times from the ninth day of ffeb ry 
one Thousand Seven hundred & Seven untill the Twenty firs day of 
ffeb ry one thousand Seven hundred & eight ready to be produced in Court 
relation being thereunto had Doth & may more fully appeare Neverthe- 
less Isaac y° afs d Sume of fforty four pounds ffourteen shillings & Six 
pence to the s d Sam 1 hath not payd : but y e same to pay hath hetherto 
refused and Doth as yett refuse &c. and the Def* by Edw d Bonwick his 
attorney : Comes and Defendes the force & Injury when &c: and Saith : 
That for the Insufficicnces and Imperfections in the p Its Declaracon he 
this Def cannot neither by y 8 Law of y e land is he bound to make answer 
thereunto and this he is ready to averr wherefor want of a Sufficient 
Declaracon and Sufficient matter therein to be contained he the said Def 
prayed Judgm' if y" pi' afs d his accon afs d by the law ought to have & 
mainetaine &c. 

Et pro : Causis 

ffor that the pi' Does not Shew in his Declaracon w' the Debt in the 
Doc : mencon was Contracted for and y 9 pi' by his Attorney : afs d Saith 
that his Declaracon is good & valid in Law and prays as in & by the 
Declaracon &c — Which being; Considered by the Court the Said Demur- 
rer is allowed good : Whereupon it is 

Ordered that y e Suite be Dismist & the p" pay Costs alias E xa 

Jn° Jones assignee of dame Cath : Hyde Comes to pro 3 his Suite ag' 
ERasmus Harsleff in a plea: of: Debt and Saith That the Def Stands 
Justly Indebted to him y" pi' soe qualified in y° full & Just Sume and 
quantity of Six Barrills of Pitch : as by a Certain Noat or Bill under 
his proper hand may appeare &c and the Def in person appeares & 
Confesses 

Ordered that Erasmus Harseleff pay unto John Jones in y° qualifica- 
tion afs d the Sume or quantity of Six Barr 1 of Pitch alias E xa Lett Exe- 
cution be Stayed till Chrismass next 

Jn° Jones assignee of danie : Cath Hyde : comes to prose his Suite ag' 
Jn° Relfe in a plea of Debt and Declares for the Sume of: Twelve 
pounds Curr' money of this province w oh to y e p" in that qualificacon he 
oweth ; & from him unjustly Detaineth &c and the Def was Called in 
the useall form but Came not Whereupon the p" prayed attaehm' ag' the 
Estate of the S d Def w ch is Granted 

And then the Court adjourned till the Morrow morneing Eight a 
Clock 



86 COLONIAL KECOKDS. 



Thursday Morne Eight a Clock the Court Meett & Satt 

A Convayance of a Tract of Land was acknowledged in open Court 
by Harris willoby & mary his wife according to y e Custon of this prov-' 
ince unto ffra Laydaine 

Ordered to be Registered 

Edw d Bonwicke Esq' her Ma' ys Attorney Gen 11 comes to pros his In- 
dittm'ag' Christo Duddley : (a ls ) Christo Duddy of y" p'cinct of Cho- 
wan planter and Saith that he the Said Christo : Duddley : the tenth day 
of Jan r7 anno D ni 1712 att Chowan af sd : with force & arms to witt) with 
swords staves and knives on the body of one W m Jones (by lawfull warr' 
being authorised and made arrest master in the Execution of his Said 
office then and there being he the s d Christo : Duddley not regarding the 
authority to the said W m Jones Granted) Did make an assault and him 
the s d W m Jones then and there did beat wound and evill entreat Soe that 
his life it was Despaired and other enormities to him did doe ag' the peace 
of our Soveraigne lady the Queen &c : and the Def ' by Edw d Moseley 
his attor Comes & Confesses and throwes himself upon the mercy of the 
Court w oh being Considered by the Court here 

Ordered that y° said Christo : Duddley be fined the Sume of Ten Shil- 
lings and that he give sufficient Securety for his good behaviour till the 
next Gen" Court & for his appearance thereatt 

Henry Pendleton being bound over by recognizance to this Court made 
his appearance & is Dismist without Day 

A Deed of Sale from Tho" Towers & Cath his wife of a Tract of land 
lyeing on y° sand banks was acknowledged in Court in y" useall forme by 
y e s d Tho s Towers & Cath his wife unto Erasmus Harseleff 

Ordered to be Registered 

A power of attorney: from Cornelias Rattleff to M r Ja: Tookes 
March' was proved by the oath of Henry Pirkinson and ordered to be 
recorded 

Maj r James Coles Exhibitted an acco' of his administracon on the 
Estate of David Harris Dec d AVherein he appeares to be fifteen pound 
ffour Shillings & Sevenpence Indebted to y e said Estate 

A power of attorney : from Mieajah Perry & Conip* March* of Lon- 
don to M r Lewis Conner March' of Virginia proved and attested by the 
Notary Publick was produced to this Court and ordered to be recorded 

Edw d Bonwick Esq 1 her Matyos attorney Gen" Comes to prosecute 
the presentm' of the grand Jury ag' Mary Brothers otherwise called 
Mary Brothers of y° p'cinct of pascotank in y' province afs d Spinster for 
that She the Said Mary Brothers the last day of July Anno Dni 1712 



COLONIAL RECORDS. 87 



att Fascotank afs d was Delivered of a Bastard Child ag' the peace of our 
said Lady the Queen and ag' the forme of y° Act of assembly in that 
Case made & provided <fec and the Said Mary Brother Came and Confest 
to the Said Indittem' and upon her Oath : Did Declare : Geo : Ellis to 
be the ffather of y" said Child 

Ordered that the s d Mary Brothers be punished by receiving Twenty 
one Stripes on her back or pay ffifty Shilling according to the forme' of 
an act of assembly made & provided 

Whereupon : Dan 1 Guthrie Came and assumed paym' of the s d fine of 
ffifty Shillings 

M r Jn° Lovicke being bound over to this Court by recognizance made 
his appearance- and is dismist without day 

Robison v Oliver Continued till next Court by Consent of Def ' and 
pi" attorney 

Tho" Peterson by Edw d Moseley and Edw d Bonwick his attorneys 
Comes to prosecute his Suite ag' Geo Harris and Saith that the s d Def 
stand Justly Indebted to the p" in the full Sume of nine pounds Thir- 
teen Shillings & Eleven pence by his assumtion for & on acco' of David 
Prichard Deceased and the Said Def appeares and Confesses w' h halfe 
Costs 

Ordered That Geo : Harris pay unto Tho s Peterson Esq 1 the Sume of 
nine pounds thirteen Shilling & Eleven pence w' h halfe Costs of Suite 
alias Exa 

Cap' Jn° Pettiver in open Court acknowledged y" Convayance of a 
Tract of Land lyeing on the South Shore in the p r cinct of Chowan unto 
M r Antho : Hatch and M r Geo : Durant 

Ordered to be Registered 

Joseph Jordan ; Comes by Edw d Moseley his Attorney to pros his 
Suite ag' W m Willson of a plea of Tresspass upon the case and Saith 
That The Said W m Willson Evilly Intending and Maliciously purpose- 
ing to Take away and destroy the good name fame Credditt Estamation 
& repute of him the s d Jos : & also : to bring him the s d Jos : Innocently 
into Danger of forfeiting all and Singular his Chatties Land & Tenements 
of Loseing of his life the ffifth day of Jan r y A n0 D ni 17|f at new: begun 
Creek : in the p'cinct pascotank : & w' h in the Jurisdiction of this Court 
These false feigned Scanderlous malicious & abrobrious words following 
(then & there having Speech & Comunicacon w' h Divers faithfull honest 
and worthy persons of this Goverm' and with the said W m of & Con- 
cerneing a report that Eliza: the wife of the said William had Spread 
Concerning the Said Jos: Jordan to wit That Jos: Jordan: (the p" 



COLONIAL RECORDS. 



meaneing) had broake open : a Chist : of a March" that lived at his the 
Said Josephs house: and Stole a knife & Sold it to Jane Man) In p r sence and 
hearing of divers of his neighbours and other faithful & Credible persons 
of this Goverm'then & there being p r sent and heareing openly & publickly 
& w th a loud voice did say affirme and Declare : and publish to the said Jos : 
I say : So : too : Tis : true and : the Said William afterwards, out of, 
for/and to the Same Malice Envy : and Evill Intention on the Same day & 
yeare att New-begun Creeke afs d : in y p r cinct afs a : there other false 
feigned Scandalous Malicious & abrobrious words following in p'sents & 
hearing of Divers of his Neighbors and other faithful and worthy per- 
sons of this Goverm': then and there being p'sent and heareing, openly 
publickly & w th : a loud voice Did Speak Declare & publish to the Said 
Jos : Jordan (viz 1 .) you (meaning the p 1 ' are : a Thief and : He prove : 
you : so : (the Said PI' meaning) whereas in Truth : the s d Jos : Jordan 
no Robery, Theft or ffelony ever Comitted or Perpetrated By reason of 
y e Said Saying Speaking and affirmeing of w oh false feigned & Scandal- 
ous words the s d Jos : is not only Extreamly hurt & Damlifyed in his 
good name fame Creditt & Estamacon afs d : amongue his neighbours & 
other faithfull & honest persons of this Goverm' w' h whome the 
Said Jos : used to keep Company & familorlily but also Innocently to be 
brought into Danger of of forfeiting all his Chatties Land & Teneni" 
and of looseing his life whereby the s d Joseph Saith he is Damnified & 
hath damage to y 6 vallue of ffive hundred pounds and thereupon Ac and 
the s d Def by Edw d JBonwicke his attorney Comes & Defends the 
force and Injury when &c and Saith that for the manifold Insufficiencies 
Imperfections & uncertainties in the p" s Decl : and the matter therein 
Contained he the Def Cannot neither by the law of the land is he bound 
to make answer thereunto and this he is ready to aver &c Et pro : Causis 
for that the p" in his Decl : afs d : hath not alleged any words that are 
acconable the words (you are a Theife and He prove you so;) being all 
the words that is alleadged in the p lts Decl : ag' the Said Def thev im- 
port Something in Generall but in particular nothing for one may be a 
Thiefe of Soe Smale a matter that the law takes no notice of w oh : Demurrer 
being Joyned by the pi' : and Duely Considered by the Court: here it is 
there oppinion that the s d Demurrer be over Ruled and it is hereby over 
Ruled and because it Doth not appeare to y" Court here w' : Damage the 
p" : has Sustained by reason of the Trespass therefor it was Comanded 
the Marshall that he Cause to Come Twelve &e: whome &c: by whome 
&c: who neither &c: and there came to witt M r Tho s Swann M r 
Augustin Scarbro M r Tho s Harvey M r Griffin Jones M 1 ' Tho' Pas- 



COLONIAL RECOKDS. 89 



singham Mr Rob' Temple M r Jn° fforree M r Jn° Man M r James 
"Ward M 1 ' Alex Spence M r ffra Beaseley & M r Truman M°bride who 
being Sworne say we of y" Jury find for the p" five pounds Damage 

Ordered that W m Willson pay unto Joseph Jordan y" Sume of five 
pounds with Costs als Exa 

Co 11 William Reed Esq r by Edw d Moseley his attorney Comes to pros 
his Suite ag' Henry Slade of a plea : of Trespass and Saith That whereas 
the said Henry Slade the last week in march A no D ni 1710 by force & 
armes &c : the Inclosed plantation of him the s d W m in Coratuek p'cinct 
did break : and a Cow & Calfe there found by him the s d Williams of the 
price of fifty Shillings did take & drive away and other Enormities to 
him he did &c : and the Def' was called to answ r thereunto but came 
not Whereupon the p" by his attor afs d prayed an order ag' the Marshall. 

Ordered that the Marshall of Albemarle County have the body of the 
Said Henry Slade Sen r att the next Gen 11 Court als Judgm' ag' the Mar- 
shall fore the Debt and Damages afs d 

and the said Marshall prayd an attachm' ag' the Estate of the Said 
Henry Slade w oh is Ordered accordingly 

Jn° Relfe was Called to pros his Suite ag' Jn° Treveaile but Came not 
whereupon the Def prayd an Non Suite w ch was Granted 

Ordered that the Suite be Dismist and the pi' pay Costs alias Exa. 

dame Cath : Hide adm r of y c goods & Chatties w ch were the hono We 
Edw d Hides Esq r Deed Comes by Edw d Moseley her attorney to pros : 
her Suite ag' Christo : Dudley and Saith the Def 8 stands Justly In- 
debted' to y 6 pl' B quallified as afs d in y" Sume of Eight pounds for & in 
Consideracon of a horse by : the Said Edw d in his lifetime Sold & De- 
livered to the Def' 8 and the said Def' s in person appeares & Confesses 

Ordered that Christo Duddy pay : unto : dame Cath Hide adm r of y° 
goods & Chatties of hono Wo Edw d Hides Dec d the Sume of Eight pounds 
with Costs alias Exa : 

Upon petition of Joseph peggs 

Ordered that y e s d Jos : peggs be paid the Sume of five Shillings & 
Tenn pence for his travill and attendance being Sums : as an Evidence 
by Jos : Jordan ag' W m Willson 

And now here att this Court Came Joseph : Glaister and for plea Saith 
non cull ^ pat : w ch being Joyned by the p 1 ' it was Comanded the Mar- 
shall that he Cause to Come Twelve &c : by whome &c who neither &c 
and there Came to witt M r Tho 8 Swann M r Augustine Scarborough M r 
Tho 8 Harvey M r Griffen Jones M r Tho 8 passingham M r Rob' Temple 
M r Jn° fferree M r Jn° Man M r James Ward M r Alexander Spence M r 
12 - 



90 COLONIAL KECOKDS. 



ffra Beaseley M r Truman M'bride who being Sworn Say we of y e Jury 
find for the Def 

Ordered that the Suite be Dismist & the p 1 ' pay Costs alias E xa 

Henry Speller March* by Tho 8 Snoden his : attorney Comes to pros 
his Suite ag' Jn d Eelfe in a plea of Debt and Declares for the Sume of 
Twelve pounds w oh to him he oweth &c and y B Def being Called : Came 
not and the Marshall having returned a Cepi Corpus on y e writte the s a 
p 1 ' by his attor af sd prayed an order ag' the s d Marshall 

Ordered that y" Marshall of Albemarle County have the body of y° 
Said Jn° Relfe att y u next Gen 1 Court alias Judgm' ag* the Marshall 

and the Said Marsh 11 prayd an attachm' ag* the Def B Estate 

Ordered that an attachm 4 goe out ag' the Estate of y° Said Jn° Eelfe 
att y° Suite of y° Marshall of albermarle County for the Debt & Dam- 
ages aforesaid. 

Upon petition of Jacob Sherwood 

Ordered That the Said Jacob Sherwood be allowed the Sume of five 
' Shillings & Ten pence for his Traville and attendance being Sums an 
Evidence by Jos : Jordan ag' W m Willson 

M r Jn° Lovicke, attorney of dame Cath Hide adm r &c; Came into 
Court and acknowledged the recept of a Judgm' Confest by Christo: 
Duddley att this present Court for y" Sume of Eight pounds with Costs 

Tho" Swann of y e p r cinct of pascotank : Marcht : Comes to pros his 
Suite ag' Obadiah Rich : of y° p'cinct afs d and declares fore y e Sume of 
Three pounds Ten Shilling & Six pence w oh to him he OAveth : &c : and 
the Def being Called Came not whereupon the s d p 1 ' prayd an attachm' 
ag' the Estate of y° Def which was Granted 

Ordered y' an attachm' Issue out ag' the Estate of Obadiah Rich att 
y 6 Suite of M r Tho" Swann for y» Debt afs d with Costs of Suite. 

Tho s Swann of pasquotank : p'cinct Comes to pros: his Suite ag' James 
McDaniell of y° s d p'cinct in a plea of Debt and Saith That the Def by 
one Certaine Instrum' of writting obligatory under his proper hand 
became Indebted to him y" s d p 1 ' in y° Sume of ffour pound Six Shil- 
lings & five pence and y° Same to render Doth refuse &c: and the Def 
being Called to answer thereunto Came not and y° Marsh 11 having 
returned a Cepi Corpus on y" writte y° pi' prayed an order ag' y° Marsh 11 

Ordered y' y" Marshall of Albemarle County have y° body of y" said 
James McDaniel at y" next Gen 11 Court alias Judgm' ag' y° Marshall 

and the Said Marshall prayed an attachm' ag' y° Estate of y° Def 
which is Granted and ordered accordingly 



COLONIAL RECORDS. 91 



Tho s Swann of Pasquotanke Comes to pros : his Suite ag* Jn° McDan- 
iell of y° same place in a plea of Debt and Declares for y 6 sume of Two 
pounds Two Shillings & nine pence w oh to him he oweth & from him 
unjustly Detaineth &c: as by his Certaine writteing under y" proper 
hand of y e Def may appeare and the Def being Called to answer there- 
unto Came not and a Cepi Corpus being returned on the writte y° pi' 
prayed an order ag' y e Marshall. > 

Ordered that y e Marshall of Albermarle County have the body of y e 
Said Jn° McDaniell att the next Gen 11 Court alias Judgm* ag' the Mar- 
shall 

And y e Said Marshall prayed an attachm' ag' y e Goods & Chattells 
of y e Def which is Granted and ordered accordingly 

and then the Court adjourned till the Morrow morning Eight of y° 
Clocke 

ffryday Morne the Court meet againe according to adjournm' & Satt 

Martin ffranck by Tho a Snoden his attor Comes to pros his Suite ag' 
Jn° Smith march' and Declares for 4£ as f3 warr: and y b Marshall 
haveing returned an non est Inventus on the writte y" p" by his attor 
afs a prayd an attachm' ag t y e Estate of y 6 Def which was Granted. 

Tho s Peterson: Esq 1 factor to Tho B Bayfield and new Pisilvania 
Comp a by Edw d Bonwicke and Edw d Moseley : his attorneys Comes to 
pro 8 his Suite ag' Eman 1 Lowe : and W m Vaughan in Comp a in plea of 
y e Case : and Declares for y* Sume of ninety pounds for & in Consider- 
ation of y e Hull : of y e Sloop : Ronoak : March' by the pi' Sold & 
Delivered to y e Def 8 in Compa and also y" Sume of Ninety four pounds 
in Consideration of anchors Cables Sailes rigging &c: by y a Said p" 3 
Sold & Delivered to the Def s in Company as ^ agreem' the 22 d of aug* 
1709: all of w oh amounting to y" Sume of one hundred Eighty four 
pounds : &c : and the s a Def" appeares & Confesses 

Ordered that Eman 1 Lowe & W m Vaughan in Comp" pay unto Tho 8 
Peterson Esq r in his afs a Capacity the Sume of one hundred Eighty four 
pounds with Costs alias Exa 

W m Vaughan & Company by Tho 8 Snoden their attor : Comes to pros 
his Suite ag' Roland Buckley : and Declar for the Sume of Two pounds 
Two Shillings and Seven pence by acco' as in and by the S d acco' Doth 
& may appeare &c : and the Def being Called Came not whereupon y e 
pi" by their attor af si prayd an an attachm' ag' ye Good & Chatties of y° 
Def 8 w ch is Granted and ordered accordingly. 

Nath : Pirkins March' of- Boston by Tho" Snoden his attorney comes 
to pros his Suite ag' Richard Burtenshell in a plea of Debt and Saith that 



92 COLONIAL RECORDS. 



ye Def by one Instruni' of writteing obligatory under his hand Doth 
owe and Stand Justly Indebted unto y* p Us the Sume of Eleven pounds 
five Shillings and the same from him unjustly Detaineth &c: and 
the Def ' by Edw d Bonwicke his attorney Comes & Confesses for y e Sume 
of Two : pounds & Six pence. 

Ordered : That Rich d Burtenshell pay unto Nath : Pirkins y" Sume of 
Two pounds & Six pence with Costs als Exa 

Peter Marshe : was Called to pros his Suite ag' Geo : Cooper but Came 
not whereupon the Def by Tho 8 Snoden his attor : prayd an non Suite 
ag » y 8 p 1 ' 

Ordered that y e Suite be Dismist & y 8 p 1 ' pay Costs als Exa 

Sam 1 Holland march' of Boston by Tho. Snoden his attorney Came to 
pros his Suite ag' W m Luffman in a plea of Debt and Declares fore the 
sume of five pounds Eighteen Shillings w ch to him he oweth and from 
him unjustly Detaineth &c: and the Def was Called but Came not and 
y 8 p" by his attor afs d prayed an order ag' y" Marsh 11 

Ordered that y e Marshall of Albermarle County have y" body of y" s d 
W m Luffman att y" next Gen 11 Court als Judgm' ag' y" Marshall. 

and y e Marsh 11 prayed an attachm' ag' y e Estate of y 8 Def w oh was 
granted and Ordered to Issue 

Tho s Spencer being bound over to this Court by recognizance made 
his appearance and is Dismist without day 

Tobias Knight Esq 1 by Edw d Moseley his attor Comes to pros his 
Suite ag' W m Houghton in a plea of y 8 Case : and Saith that y" Def 
Stands Justly in Debted to y" p 1 ' in y 6 Sume of one pound Ten Shillings 
and Six pence and y 6 Same Doth refuse to render &c : And y e Def was 
Called but came not, Wherefore y 6 p 1 ' by his Said attorn prayed an ord r 
ag' y" Marshall 

Ordered that y° Marshall : of y 8 County of Albermarle have y" body 
of y° said W m Houghton att y 8 next Gen" Court als Judgm' ag' y e Mar- 
shall 

and the said Marshall prayed an attachm' ag' y e Estate of y" Def w ch 
is Granted and ordered accordingly 

Blish v Sparrow attachm' Continued 

Jacob : Overman of y" p'cinct of Pasquotank : Conies to pros his Suite 
ag' George Scarbrough in a plea of Deb' and Saith that y 8 Def by his 
writteing obligatory under his hand &c Did acknowledge to one & Stand 
Justly Indebted to y 8 p 1 ' in ye Sume of one pound Seventeen Shillings 
& Six pence in fresh porke and y° same Doth Deny & refuse to render 



b 



COLONIAL RECORDS. 93 



&c : and the Def ' was Called but Came not and a Cepi Corpus being- 
returned on y" writte y e pi' prayed an order ag' y e Marshall 

Ordered that y e Marsh 11 of albermarle County have y e body of y" said 
George Scarbrough att y" next Generall Court als Judgm' ag' ye Marsh 11 

and y b Marsh 11 prayed an attachm' ag' the Estate of y" Said Georg 
Scarbrough w cb is Ordered to issue accordingly. 

Jacob Overman of pasquotank : Comes to pros : his Suite ag' W m Scar- 
brough in a plea of Debt : and Declares : for y° Sume of: one pounds 
Two: Shillings & Eight pence in fresh pork: w ch to y" P' y e Said Def 
Doth owe & from him unjustly Detaine &c and the Def was Called but 
Came not according to returne of y" writte wherefor y b p 1 ' prayed an 
order ag* y e Marshall 

Ordered y' y e Marshall of y e County of Albermarle have y e body of y" 
Said W m Scarbrough : att y" next Generall Court als Judgm' ag* y 6 
Marshal] 

and y c Marshall prayed : an attachm' ag' y e Estate of y 8 Said William 
Scarbrough w ch is ordered to Issue accordingly 

M r Henry Swann Comes to pro 8 his Suite ag' Cap' Tho s Collins of 
y e p r cinct of pequimans of a plea of Debt and Declares fore y e Sume of 
one pound Eighteen Shillings & four pence w oh to him he oweth &c: and 
y e Def 3 was Called and Came not according to returne of y e writte 
whereupon y e pi' prayed an order ag' y e Marshall 

Ordered that y e Marshall of y° County of albermarle have y° body of 
y e Said Def 8 att y e Next Gen" Court al 8 Judgm' ag' y e Marsh 11 

and y e same Marshall prayed an attachm' ag* y" Estate of y" afs a Def 
w cb is Granted and ordered accordingly 

Mayo v Musheo in Debt Dismist : 

Stamp : assignee v. Hartley in Debt Cont : 

and then y° Court adjourned for an hower 

att an hower ye Court Satt againe 

an now here at this Court appeared Jos : Glaister to y e Declaracon in 
Ejectione firnie for Seventy five : acres of land with the appurtenances 
&c: Lyeing on Nobbs Crook Creek: according y e order of y e Last Court 
and for plea Saith Non Cull fJ : pat : whereupon it was Comanded y° 
Marshall y' he cause to Come Twelve &c whome &c by whome &c : who : 
neither &c and there Came to witt : M r Tho 8 Swann : M r Augustine 
Scarbrough M r Griffith Jones M r Tho 8 Harvey M r Tho 8 passingham M r 
Rob' Temple M r Jn° fferree M r Jn° Man M r James Ward M r Henry 
Speller M r ifra Beasely and M r Truman M°Bride who being Sworne Say 
we of y" Jury find for the Def 



94 COLONIAL EECOEDS. 



Ordered that y 6 Suite be Dismist & y e p 1 ' pay Costs a Ifi E xa 
Peterson v Lakar : Case : Continued by Consent 
Glover v Cheaves : Trespass : Continued by Consent 
Cap* ffra 4 : Jones . of y° Collony of virg a by Edw d Moseley his attor- 
ney comes to pro 8 his Suite ag* Eman 1 Cleave : Latte provost Marshall of 
y 8 County of Bath in an accon of Detinue and Saith : That whereas : y e 
Said ffrad formerly: to witt, y e ninth day of: July in y e Court of o r 
Soveraigne Lady y e Queen, before William Gray Esq r and his associates 
the Justices of her y° said Lady y 8 Queen : of y e County Court of Bath : 
at Bath Town : by y e Consideracon of y e Same Court had recovered ag' 
one Co" Tho s Cary : by y° name of Co" Tho s Gary : as well a certaine 
Debt of 49: 19: 11 as of 6-12-6- Costs: whereof he was Convicted as 
by record and process thereof : in y e Said Court afs d manifestly appeareth : 
upon w ch Same Judgm' the S d ffra d for y" more Speady : recovery of his 
Deb' & Costs afs a afterwards viz' the ninth Day of July Anno : D ni 
1712 had pro 8 out of y" afs d Court of y e Said Lady y 8 Queen afs d a cer- 
taine writte of y e Said Lady y c Queen of: causing to be made ag st the 
Said Co" Tho s Cary to the then provost Marshall of Bath County 
Derected, by w oh Said writt the Same now : Lady y 6 Queen to y e S d 
Then provost Marshall of Bath County Comanded, y' of y e good & 
Chatties of y" afores d Co" Tho s Cary: in y e County afs d he should Cause 
to be Levyed — as well a Certaine Debt of 49 : 19 : 11 : w cb y e Said ffra d 
had recovered in y" County Court of Bath: ag' him as y" afs d 6-12-6 : 
Costs : and that he Should have that money to render to y" Said ffrad 
Jones for his Debt & Costs afs d and that at y" returne of y" Same writte 
before y 6 afs d Justices of y" Said County Court of Bath the afs d Eman 1 
Cleaves then provost Marsh 11 of y e afs d County of Bath returned y e writte 
afores 4 ) to him in forme afs d Derected (That is to say) That he y e Same 
then Provost Marsh 11 of Bath County by vertue of y° Same writte had 
Taken Divers goods & Chatties w oh were of y" afs d Co 11 Tho s Caryes 
to y" Value of y° Debt & Costs afs d , That is to say one negro man one 
old maine Saile one old fore Saile one old Jebb : by w oh accon Did grow : 
to y° Said ffra d Jones to Exact and have of y° Said Eman 1 Cleaves the 
goods & Chatties afs d to y" value afs d Notwithstanding ye Said Eman 1 
Cleaves altho. often requested the goods & Chatties afs d to y 8 value afs d 
to y e Said ffra d Jones hath not Delivered, &c: and y" Deft was Called to 
make answer thereunto but Came not according to returne of y 6 writte : 
whereupon y" pi' by his attorney afs d prayed an order ag' v 8 Marshall 

Ordered y' y° Marshall of y" County of Bath have y° body of y 8 said 
Eman 1 Cleaves att y" next Gen 11 Court a la Judgm' ag' y° Marshall 



COLONIAL RECORDS. 95 



and the Marshall prayed an attachm' ag' y e Estate of the Said Def 
w ch is Granted and ordered accordingly 

Goodlatt Ex rx v Nickollson Ejectm' Continued 

Chevin v Earley adm r case Continued 

Jonathan Standley & Elizabeth his wife personally Carne into Court 
and acck no a Convayance of a plantation & tract of land lyeing on y° s° 
w' side of little river in y" precinct of pequimans unto Cornelias Rattleff 

Ordered to be registered 

M r Tho s Parris of y° precinct of pequimans by Tho s Snoden his attor- 
ney : Conies to pro 8 his suite ag' Soil" Jordine in an accon of Trover & 
Conversion and Declares of a boat of y" value of Ten : pounds w oh by 
finding Came to y e possession of y e Def and y° said Def by Edw d Mose- 
ley his attorney : Comes and Confesses for Nine pounds 

Ordered that Soil Jordine pay unto Tho s Parris the Surne of nine 
pounds with Costs a 18 E™ 

Lett Execution be Stayed till y e tenth day of December next. 

Nath : Chevin Esq 1 Comes to pro 8 his suite ag* Co 11 W m Reed Esq 1 ' in 
a plea of y e Case and Declares for y e Sume of Twenty nine pounds five 
Shillings for Certain Indian Slaves by y° publick : Sold & Delivered to 
y e Def and in Consideration thereof the said Def Did assume well & 
Truly to pay y" af Sume of Twenty nine pounds five Shillings into y° 
hands of y 6 Said Nath : Chevin : for y" use of the publicise who was 
fully authorized and Impowered to require and receive the same never- 
theless &c : and the Def by Edw a Moseley his attorney Comes and for 
plea Saith, that he did not assume in manner & forme &c : whereupon it 
was Comanded the Marshall that he cause to Come Twelve &c : whome 
&c : by whome &c : who neither &c : and there came to witt, M r Tho s 
Swann M r Augustine Scarbrough M r Griffith Jones M r Tho 8 Harvey M r 
Tho 8 passingham M r Rob' Temple :' M r Jn° fforree : M r Jn° Man M r J a 
ward M r Henry Speller M r ifra Beasely & M r Truman McBride who 
being Sworne Say we of y 8 Jury find for ye pi' 

Ordered that Co 11 W m Reed Esq r pay unto Nath Chevin Esq r for y° 
use of y e publicke y e Sume of Twenty nine pounds five Shilling w' h costs 
als Exa 

Tobias Knight Esq r & Cath his wife adm r of y° goods & Chatties of 
y° hono Wo W m Glover Esq r Dec d by Edw d Bonwicke~their attorney Come 
to prosecute their writte of Scire fa : ag' Jn° porter Esq 1 and Declares for 
a Judgm' obtained by y° af sd W m Glover ag' the s d Jn° porter for ye Sume 
of one Thousand pounds Ster 1 &c and the Def by Edward Moseley his 
attorney: Comes and Defends y° fore and Injury when &c: and prayes 



96 COLONIAL RECORDS. 



Judgment of y u writte af sd &c because he Saith that y" same is imperfect 
and Insufficient and Containes manifest variance in it Selfe and this he is 
ready to averr Whereby he prayed Judgm' of y* writte afores d &c: and 
y 6 Same being Considered by y e Court it is there oppinion that y" same 
plea is good to abate y" Said writte and it Doth hereby abate. 

Jacob : Overman : of y" precinct of pasqnotank : by Edward Mose- 
ley his attorney comes to pros his Information ag' William Willson 
Lawyer of y e p'cinct afs d and Saith : That whereas in & by an act made 
for y° Good Governm' of this province Intitled (an act Consearning Ser- 
vants & Slaves amongue other things it is Enacted That whosoever Shall 
buy Sell Truck or Trade borrow : or lend to or with any Servant or Ser- 
vants Slave or Slaves w' h out y° Lycence or Consant of his or their mas- 
ter or owner : Shall forfeite and pay Tenn pounds to y° Master of y° 
Said Servant or Slave to be recovered by Informacon in any Court of 
record in this Governm' &e nevertheless the Said William Willson y e 
S d act nothing minding or regarding but the Same and the authority 
thereof altogether Contemning & Dispiseing Did on or aboute y" 20 th 
day of December ano : 17x§ without y u leave or knowledge of him y c 
Said Jacob Sell & Deliver unto a Man Slave to him belongen named 
petter a Turckey Cock to y° valine of five Shillings to y" Grate Damage 
of him y° Said Jacob & Contrary to y° afs d act and y e DeP appeares & 
for plea Saith non Cull : per : partrium wherefor it was Comanded the 
Marshall that he Cause to Come Twelve &c; whome &c: by whome &c: 
who neither &c : and there Came (viz 1 ) M r Tho s Swann M r Augustine 
Scarbro : M r Griffith Jones M r Tho" Harvey M 1 ' Tho 6 passingham M r 
Rob' Temple M r Jn° fforree M r Jn° Man : Ja : Ward : M r Henry Speller 
M r ffra Beaseley and M 1 ' Truman McBride who being Sworne sav we of 
y Jury find him Guilty whereupon y" p" prayed Judgm' on y" afs d act: 

Ordered that W m Willson be finecfy" Sume of Tenn pounds according 
to the Tenor: of y e afs d act to be payd to y" Said Jacob Overman with 
costs : 

and the said Jacob Overman comes and remitts the fine afs d Except 
fforty Shillings on Condition that y* Said William Willson pay the ac- 
cruing costs which being Submitted to by the Def 

Ordered that y" Sume of Eight pounds part of y° afs d fine be remitted 
on y° afs d Condition and it is hereby remitted, and it also ordered that 
the Said William Willson doe pay unto Joseph Jordan : five Shillings to 
Rob' Cartwritte Ten Shill & Ten pence. 

to Joseph peggs and his wife one pound one Shilling & Eight pence 



COLONIAL RECORDS. 97 



to W m Cart-wright y° Sume of Eight Shilling & four pence for their 
Travill and attendance being Sumons as Evidence by Jacob overman ag' 
y° Said Will™ Willson als Executions Nath Chevin Esq 1 Comes to pros 
his suite ag' Jn° Blish march* in a plea of Debt and Saith : That y° 
Def by his Certaine writing obligatory under his hand Dated the 26 th 
day of March Ano Dm 1712 Did oblige himselfe well & Truly to pay 
unto the p u y e Sume of Eleven pounds on or before y° tenth day of 
march then next Ensuing nevertheless : &c : and the Def by Tho" Snoden 
his attorney Comes & Confesses 

Ordered that M r Jn° Plish marcht : pay unto Nath : Chevin Esq r y e 
Sume of Eleven pounds with Costs als Exa 

Lett Execution be stayed till y° first day of August next 

a will : of Stephen Swaine dec* was proved in Court by the deposi- 
tion of M r Tho" Snoden attorney : of y e Dec d annexted to ye Said will 
to w ob he gave his oath in Court : and thereupon Edw d Moseley attor- 
ney : of Sam 1 Sprewell Came into Court and in behalfe of y" Said Sam 1 
Entered a Caveatt ag' the : propotte of y° Said will w ch was admitted of: 
and referd to y e Court of Chancery. 

Griffith Jones : of pasquotankes dimes to pros his Suite ag' Jn° Creach : 
in a plea of: Case : and Saith the y° Def Stands Justly Indebted to y" 
p 1 ' in y e full Sume of: Two : pounds Sixteen : Shillings & Tenpence fore 
Divers goods "wares and marchandizes : by y e p 1 ' Sold & Delivered to y" 
Def &c : and an non est Inventus being returned on y" writte y e p 1 ' prayed 
an attachm' ag' y e Estate of ye Def w ch is Granted & Ordered to Issue 
accordingly 

Jn° Blish : march' Comes by Tho E Snoden his attorney to pros his 
Suite ag' Cap' Rich d Sanderson : of y" precinct of Coratuck in an accon of 
Trover and Conversion and Declares for Certaine Indian Slaves w oh by 
finding Came to y° possession of y" Def ts and the Said Def by Edw d 
Moseley his attorney : Comes & prayes an Importance : to y° next Gen 11 
Court and he hath it and thereupon it is ordered that it be a Rule of this 
Court That y e Def plea to Issue in fact y 6 next Gen 11 Court 

Jn° Blish & Comp" by Tho 8 Snoden their attorney : Comes to pros : 
their Suite ag' Cap' Rich 4 Sanderson in an accon of Trover & Conver- 
sion and Declares for a Certaine Indian man : Slave called John Cone- 
way w oh in y e first day of apprill : they the Said p lts were possessed of as 
their own proper Goods & Chatties and y' afterward : (viz') in y e month 
of June last past by finding came to y° possession of y" Said Def and 
the Said Def by Edw d Moseley his attorney Came and prayed liberty 
thereof to Importe to y" next Gen 11 Court and he hath it 
13 



98 COLONIAL RECORDS. 



and thereupon it is ordered that it be a Rule of this Court That y 6 Def 
plead to Issue in fact : y" next Gen 11 Court 

M r William Swann came into Court and made Tender of a Judgm' 
obtained ag' him at y° Suite of our Soveraign Lady the Queen in July 
Court last for y 6 Sume of nine Shillings & one peny and allsoe one other 
Judgm* obtained ag' him at y e Suite of our Said Lady y e Queen in Octo- 
ber Court last past : for y 6 Sume of one Shi 11 and Six pence 

A will of M r Alexander Goodlatts Deed was proved in Court by the 
oathes of M r Edward Moseley : and M rs Elizabeth Hecklefield 

Edw d Moseley: Esq r Comes to pros: his Suite ag' Tho 8 Sparrow: 
Gent : in a plea of y e Case and Saith That y" Def Stands Justly In- 
debted to y° pi' in y° full Sume of forty one pounds Eighteen Shillings 
& Eight pence current money of No. Carolina as by acco' thereof here in 
Court brought Doth & may appeare &c: and y° Marshall haveing 
returned an non est Inventus on y° writte y e p 1 ' prayed an attachm' ag' 
y e Estate of y e Def w oh was Granted 

And then the Court adjourned to the Court in Course 

THOMAS MILLER JOHN PETTIVER C. GALE 
ANTHO: HATCH 



[Kecords op General Court.] 



p r sent 



Esq rs Justices 



No: Carolina — ss 

Att a Gen 11 Court holden for the province afs d att the house of Cap' 
Jn° Hecklefields in little river on Tuseday the 28 th Day of July Anno 
Dni 1713. 

The Honno Wo Maj r Christo: Gale 
Cap' Tho 5 Relfe 
Tho 8 Miller 
Cap' Jn° Pettiver 
Antho Hatch 
And then adjourned till y e morrow morning Eight of y e Clock : 

Wednesday y e Court meett according to adjournm' 

p r sent utt Supra 

TheGentmen: of the Grand Jury wore Swonie & are as followeth 
(viz') M r Jn° Relfe M r Jn° ffalinor M r Rich 11 Devenport W Tho s Lon<r 
M" James ffleming W W" Jones M r Dan 1 Smith M r Pat Quidley W 
W m Scarbrough M r Sam 1 Paine M r Pat Callihorne M r Jn° Whitt'e M r 
Tho 8 Harding M r W m Right M r Humphry Yince & M' W m Wallston 



COLONIAL RECOEDS. 99 



Nath : Chevin Esq r Comes to pros his Suite ag' James ffleming in a 
plea of Debt and Saith y e Def Stands Justly Indebted to him y 6 p" in 
y* full Sume of Three pounds five Shill & four pence and the Def in 
person appears & Confesses 

Ordered that James ffleming pay unto Nath : Chevin Esq r the Sume of 
Three pounds five Shillings & four pence with Cost als Ex oon 

Nath : Pirkins march' of Boston by Tho s Snoden his attor Comes to 
pros his Suite ag' Jn° Mixon in a plea of Debt & Declares That y e Def 
Stands Justly Indebted to y° p" in y" full Sume of Seven pounds Three 
Shill & Six pence ^ bill in fresh porke &c: and the Def by Edw d 
Moseley his attorney Comes & Defends the force & Injury when &c. and 
prayes oyer of y 8 writteing obligatory mentioned in y 6 pit Declaracon & 
it was read nnto him in haec Verba No : Carolina : ss : &c d Whereupon 
the Deft prayes Judgmt of y 8 writte & Declaracon afs d &c a Because That 
there is a variance between the pit 8 Declaracon and y e Specialty men- 
tioned therein the Declartion not Mentioning that the Said 7-3-6 Should 
be paid in porke but in Pitch & this he is ready to aver Whereby he 
prayes Judgmt of y e Writte & Declartion as afs a &c : w oh being Consid- 
ered by the Court here the s d plea : is allowed Good & Sufficient to abate 
y° writte & Declarcon &c : 

Ordered that the Suite be Dismist & y e pit pay Costs als Ex con 

Upon petition of M rs Ann De La More widdo & relict of ffra : De 
La More Esq 1 Deed : Shewing that the Right of administracon of the 
Goods & Chatties of the s d ffrancis Doth to her belong 

Ordered : That She have administracon as prayed and that Capt : Jno 
Robison Jno Palm M r Jno Man : & M r Dan 1 Guthrie or any three of 
them Doe apprise the Estate of the s d ffrancis De La More Esq r being 
first Sworne thereunto befor a Majestrate 

Capt : Jno Pettiver Esq r Comes to pros his Suite agt : Cary Godbey in 
a plea of Debt & Saith the Deft Stands Justly : Indebted to him by his 
bill or writteing obligatory und r his hand &c : in the full Sume of five 
pounds &° & the Deft : appears & Confesses according to Specially 

Ordered : That Cary Godbey : pay : unto Capt Jno Pettiver the Sume 
of five : pounds with Costs als Ex 00 " 

Isaac : Willson by Tho" Snoden his attorney Comes to pros his Suite 
agt: W m Johnson in a plea of Debt & Saith the Deft Stands Justly 
Indebted to him y 8 Said Isaac in the Sume of Three pounds Six Shil- 
lings as f! Warr and the Deft : was Called & Came not and a Cepi Cor- 
pus being returned on the writte the pit: prayed an ord r agt the Mar- 
shall 



100 COLONIAL RECORDS. 



Ordered : y' the Marsh 11 of Albemarle County have the body of the 
s d W m Johnson at the next Generall Court als Judgm' ag' the Marsh" 

Eobison ag' Oliver Edw d Moseley attorney of the Def ' Saith he is not 
Informed of any answ r to make for the Said Oliver whereby : the s d Jn° 
Eobison remains ag' the s d Oliver thereof undefended 

Ordered That the s d Jn° Robison recover ag* the Said Oliver the Sume 
of Six pounds Eight Shillings & a peny halfepeny with Costs als Excon 

Edw d Moseley Esq r by Tho s Snoden his attor Comes to pros his Suite 
ag" W m Redditt in a plea of Debt and Declares that the Def Stands 
Justly Indebted to him the s d p" in the full Sume of: one pound Thir- 
teen Shillings & Six pence in fresh Porke as |3 Warr : and the Def was 
Called & Came not whereupon the p" prayed an attachm' ag* the Estate 
of: the Def w oh is Granted 

Edw d Moseley Esq 1 by Tho s Snoden comes to pros: his Suite ag' 
Phillipp Wallston in a -plea of Debt and Saith That the Deft Stands 
Justly Indebted to him the p" in the Sume of one Barrill of Pork as "ty 
Warr and the Def was Called & Came not Whereupon : the : p u prayed 
an attachm' ag' the Estate of the : Def w oh is Granted 

Edw d Moseley Esq* by Tho' Snoden his attorney comes to pros his 
Suite ag' Edw d Bryan & declares that the s a Bryan stands justly indebted 
to him the s d Edward Moseley in the full Sume of one pounds Eighteen 
Shillings & four pence by his Note or writteing obligatory : and the : 
Def being Called : to answ 1 thereunto & Came Not whereupon the p u 
prayed an attachm' ag' the Estate of the Def w oh was Granted 

Edw d Moseley Esq r by Tho 8 Snoden his attorney Comes to pros his 
Suite ag' Tho s Man : in a plea of Debt & Saith : the Def Stands Justly 
Indebted to the p" in the Sume of: Two pounds Eighteen Shillings & 
four pence by his noate under his proper hand &c : and the Def was 
Called but Came not and thereupon the p H prayed an attachm' ag' the 
Estate of the Def w oh is Granted 

Whitte ag' Alexand' and the Def by Edw d Moseley his attor appeares 
and prayes Liberty thereof to Importe unto the Day of the next Gen 1 
Court and he hath it the Same Day is Given to the p 1 ' likewise 

Capt'Jno Byrd by Tho 8 Snoden his attorney : Comes to pros his Suite 
agt James Curlee in a plea of Debt tfe Saith the Deft by his Noate und r 
his hand Stands Justly Indebted to the pit in the Sume of one pound 
Seven Skill & nine pence and the Deft was Called to ans\v r thereunto : 
but Came not and the pit thereupon prayed an attachmt agt the Estate 
of the Deft w oh was ordered accordingly 



COLONIAL RECORDS. 101 



Jno Blish : marcht Conies to pros his Suite agt Geo : Cooper Deft in 
a plea of Debt and Declares that y° Deft Stands Justly Indebted unto 
him the s d Jno in the full Sume of Three pounds one shilling and Three 
pence : and the Deft was Called but Came not and thereupon the pit 
prayed an order agt the Marshall. 

Ordered that the Marshall : of Albemarle County have the body of 
y" s d George Cooper att the next Gen" Court als Judgmt agt the Marshall 

and y" marsh 11 prayed an attachmt agt the Estate of y" Deft w oh is 
Granted 

Jn° Blish : march' Comes to pros his Suite ag' Jn° Powell in a plea of 
Debt and Declares for y e Sume of fforty Shillings w oh the Def to him 
Doth : owe &c a : and the Deft was called : & Came not : and thereupon 
the p" prayed an ord r ag' the Marshall : 

Ordered that the Marshall of y b County of Albemarle have the body 
of the s d Jn° Powell at the next Gen 11 Court als Jndgm' ag' y e Mar- 
shall 

And the Said Marsh 11 prayed an attachmen' ag' the Def' s Estate w oh is 
Granted 

A Will of M M Easter Pollocke Dec d was proved in Court by the oath 
of M r Rob' Hicks att the Instance of Maj r Tho s Luten Executor there- 
unto. 

Isaac Willson by Tho 8 Snoden his attorney Comes to pros his Suite 
ag* Jn° Whittbey Def and Saith : that the s d Def Stands Indebted to 
him the p 1 ' in the Sume. of five pounds Eighteen Shillings & a peny 
halfe peny : and the Def in person appeares and Confesses 

Ordered that Jn° Whittby pay unto Isaac : Willson the Sume of five 
pounds Eighteen : Shilling & a peny halfe peny w' h Costs als Excon 

Edw d Moseley Esq r Comes to prosecute his Suite ag' Jn° Davis in a 
plea of the Case from a Continuance and Saith that the s d Jn° Stands 
Indebted to him the s d Edw d in y e full Sume of Three pounds & Seven- 
teen Shillings & eight pence and the Def was Called but: appeared not 
nor any one for him to say : anything in barr : or reterdacon of y 8 said 
accon whereby the s d Edw d remaines ag' the s d Jn° thereof undefended, 
it is therefor Considered & ordered by the Court here that the said Edw d 
Recover ag' the said Jn° y e said Sume of Three pounds Seventeen Shill 
& Eight pence : with Costs of Suite & the Def in Mercy, &c 

Godffrey Sprewell: personall Came into Court and acknowledged a 
Convayance Containeing one hundred acres of land to Jn° Devenport 

Ordered to be Registered. 



102 COLONIAL RECORDS. 



Will m Wilkerson personally came in Court & acknowledged a Con- 
vayance of nifty Two acres of land to Jn° Devenport 

Ordered to be Registered 

Ebenezer Whitte Comes to pros his Suite ag' Jn° Whittbey in a plea 
of Debt and Saith y° Def Stands Justly Indebted to him y° p" in y e 
Sum of Tenn pounds Tenn Shillings in good Pitch or Tarr and the Def 
in person appeares and Confesses : 

Ordered that Jn° Whittbey pay unto Ebezer Whitte y e Sume of Tenn 
pounds Tenn Shillings w th costs als Ex 00n 

upon petition of W m Booth as marrieing Hester the widdow : & relict 
of Adam Lewis Deed praying Administracon of the Goods & Chatties 
of the s* Adam Lewis 

Ordered that the Said W m & Hester have administracon of y e goods 
& Chatties : of y e s d Adam Lewis : Equally Granted to them both : 

Caj) 4 W m Maulei being lawfull : Sums: as a petty: Jury: man & 
Called Came not : wherefore : it is ordered : by the Court here that the 
s a W m Maule be fined the Sume of Twenty Shillings according to Rule 
of this Court 

Jn° Jones Carpenter : being lawfully Sumons as a petty Juryman & 
Called Came not wherefore it is ordered by the Court that the s d Jn° 
Jones be fined the Sume of Twenty Shillings according to Rule of this 
Court : 

The paniell of Jurors : Sworne to try the Issues between Jn° Newman 
p" and obadiah Rich : Def being Eroniously Impanielled is Discharged 
from their verditte and they are hereby Discharged 

Jn° Newman : March* by Edw d Moseley his attor : Comes to pros his 
Suite ag' obadiah Rich : Def in a plea of the Case and Declares that the 
s d Obadiah Stand Justly Indebted him ye Said Jn° in the full Sume of 
Six pounds Two : Shillings & Eight pence : for & in Consideration of 
Sundry wares : Goods & marchantizes : Sold & Delivered to him the said 
obadiah and the Said Def by Tho 8 Snoden his attorney Comes & De- 
fends & force & Injury when &c : and for plea Saith Nill Debitt perpa- 
trum and for Tryall puts himselfe upon the Country & y° p" in like 
manner and thereupon it was Comanded the Marsh" that he Cause to 
Come Twelve &c : whome &c : by whome &c : who neither Ac and there 
Came (to Witt) M r Tho" Swann : M r Griffith Jones M r W m Norris Cap' 
Jn° Bird : M r Rob* Lowre M r David Baley M r Ebcn : Whitte M r W m 
Whitte M r W m Parker M' Tho" Parris M r Jn° fforree and M r Zach : 
Kenton Avho being Sworne Say we of the Jury find for the Def 

Ordered that the Suite be Dismist A the p H pay Costs als Ex oou 



COLONIAL RECORDS. 103 



Sam 11 Sprewell: personally: Came into Court and acknowledged &■ 
Conveyance of one Hundrey & Seventy acres : unto Joseph Cannons 
Ordered to be Registered 

upon : motion of: Sarah : Carswell Ex' nx of ffrancis Carswell praying 
to prove the last will & Test-am' of her Deed Husband y" Same was 
proved in Court by the oath of Hannah Mansfield : and y° Said Sarah 
praying appraisers of y° Goods & Chatties of y e Deed 

Ordered That Cap' W m Ludfford M r Jn° Woodley M r Andrew Will- 
son & M r Cornelias Pitch Patrick or any three of them do appraise the 
Estate of the Said ffra Deed being first Sworne thereto before the next 
Majestrate 

A power of attorney from : Sarah : Carsewell to Jn° Horsall was 
acknowledged in Court by the Said Sarah : & ordered to be recorded upon 
motion of Edw d Bonwicke : her Matyes attorney Gen" 

Ordered that the Marshall take into his Coustody the body of Denis 
Ryordau untill he answ r to Such : matters & things as on her Matyes 
behalfe shall be objected ag' him. 

Tho a Swanu by Tho 8 Snoden his attor: Comes to pros his Suite ag' 
James McDaniell in a plea of Debt & Saith : ye Def Doth : owe & 
Stand Justly Indebted to him the s d Tho" in the full Sume of four pounds 
Six Shillings & five pence and the Def in p r son appeares & Confesses 

Ordered that James McDaniell pay unto Tho s Swann : the Sume of 
four pounds Six Shillings & froe pence w' h Costs al s Ex ™ upon: Motion 
of Tho' Passingham praying to be allowed praying to be allowed for 
his Travill & attendance : being Sumoned as an Evidence by Tho' Swann 
ag' James McDaniell 

Ordered : That : the Said Tho s Passingham be allowed the sume of 
Eleven Shillings & Eight pence for Two : Courts : Comeing & goeing 
and his attendance thereatt 

upon Motion of Edw d Bonwicke Esq' her Matyes attoney Gen 11 

Ordered that the Marsh" Take into bis custody : y e body of Doct r 
Godfrey Sprewell to answ r to Such matters as shall be objected ag' him 
w ch being heard and Considered 

Ordered that: Doct r Godffrey Sprewell: find Security for his good 
behaviour till the next Gen" Court for y" Sume of Ten pounds upon 
petition of Jn° fforree praying to prove an acco' ag' the Estate of Vincent 
"Whitte Dec 4 Did prove the Same by his oath &c 

Jacob : Overman : personally : Came in Court & acknowledged Co" 
Edw d Moseley hiss attorney a Dead : of Sale from : Co" Tho 3 Cary : to 
James Tookes & Co" Edw a Moseley was proved in Court by the oath of 
M r Tho B Parris 



104 COLONIAL RECORDS. 



Ordered to be Recorded 

And then the Court adjourned Till the morrow morning Eight of the 
Clocke 

Thursday the Court Meett againe according to adjournal* 

an assignment' of a platte of 304 acres of land was acknowledged in 
Court by Jn° Horsell to Jn° Devenport 

Ordered to be Registered 

a power of attorney from Tho" Handrey March* of Boston to Jn° palin 
was proved by the oath : of W m Vaughan & ordered to be Recorded 

Co 11 W 1 " Reed : by Edw d Moseley his attorney Comes to pros his Suite 
agt W m Russell in a plea of the Case and Saith the Deft Stands Justly 
Indebted to the pit in the Sume of Twenty pounds Seventeen Shillings & 
Three pence and the Deft was Called & Came not whereupon the pit by 
his attorney afs a prayed an attachmt agt the Estate of the Deft w ch is 
Granted 

Co 11 William Reed by Edw d Moseley his attorney : Comes to pros his 
his Suite ag' W m Russell in a plea of Tresspass and Saith : that the Def ' 
the last Day of June or begining of July anno Dni 1711 by force & 
armes &c : the plantation or Inclosed Ground or pasture of him the s d 
p" in Coratuck p r cinct Did Breake & a Six year old Bull therefound 
belongen to him thep" of the price of fforty Shillings Did Take kill & 
Carry away : and other harmes to him Did Doe : &c : and the Def* was 
Called to answ r thereunto but Came not whereupon the p" by his attor- 
ney afs d prayed an attachm* ag' the Def' a Estate w ch was Granted 

Miles Cary Gent : of virg a Comes by Dan 1 Richardson & Edw d Bon- 
wicke his attorneys to pros his Suite ag* James Tookes march' in an aecon 
of Tresspass : & Contempt ag' the forme of a Statute made by the Grand 
assembly: of this province between the 21"' Day of Jan r y anno Dni 
170f and the Eight Day of march then next following: Entitled an Act 
Consearneing Servants & Slaves: and Saith: That: he y" said James: 
Doth: harbour; and Detaine a Certaine Negro Man Slave to him the 
Said Miles belongen ; Comonly Called Stephen : Contrary to y* forme of 
the afs d act &c: and the Def by Edw" Moseley his attorney Conies & 
Defendes the force & Injury when &c and for plea Saith Nou Cull per 
patriam and for Tryall : &c whereupon it was Couianded the Marsh" 
That he Cause to Come Twelve &e : whome &c : who neither &v : and 
there Came (viz 1 ) M r Tho 8 Swann M r Griffith Jones M r \\ m Norn's Cap' 
J no Bynl Eben : Wliitte M 1 W m Whitte M' \Y» Parker: M 1 ' W» Swann 
M r Henry Speller M r Rich" Smith M r Robt Hickes and M r Edm d Gale: 
who being Sworne Say, we of the Jury find for the p" and thereupon the 



COLONIAL RECOUPS. 105 



Said Deft by his attorney af's d rnov d for arrest of Judgmt and Day is 
Given him Till the Second Day of the next Gen" Court &c: 

The Gentmen of the Grand Jury made their p r sentm ts and are Dis- 
mist from further attendance at this Court and then the Court adjourned 
for halfe an hower 

at halfe an hower the Court meett againe 

Rieh d Stamp : assignee of Bartho : Phelps Comes to pros his Suite ag' 
Archable Hartley in a plea of Debt and Saith the Def Standes Indebted 
to him the said Richard Soe qualified in the Sume of: Six pounds &c: 
and the Deft was Called & Came not whereupon the pit prayed an ord r 
against the Marsh 11 

Ordered that the Marsh" of Albemarle County have the body of the 
Said Archable Hortley att the next Gen 11 Court a 18 Judgmt agt the Mar- 
shall. 

And the Marshall prayed an attachmt agt the Estate of the Deft w oh 
was granted 

A will of Sam 1 Slocombs : being produced in Court proved by the 
oathes of Ann Brice & Louis Thomas w ch Said will mentioneing That his 
Mother Elez a Smith and his Brother Jno Slocomb & Margreatt Davis to 
be Gen 11 Legatees and there being no Executo r in the Said Will appointed 

Ordered That : administration of all & Singular the Goods & Chatties 
of y" Said Sam 1 Dec d be granted unto the Said Elez" Smith Jno Slocomb 
and Margreatt Davis Cum : Testamento annexo : and that : ffarnifold 
Green Jno Nellson Jun : Jno Smith & Rich d Hill or any three of them 
Doe apprise y" Estate of the s d Sam 1 Slocomb Dec d being first Sworne 
thereunto befor a magistrate 

upon motion of Jn° Swaine praying apprisers of the Goods & Chat- 
ties of Stephen Swaine Deed 

Ordered that M r Jn° ffalinor M r Tho' Clarke M r James Ward and M r 
Joshua Calloway or any three of them Doe apprise the Estate: of 
y° Said Stephen Swaine Deed being thereunto Sworne before a Mages- 
trate 

Mary Lawson : widdow by Tho" Snoden her attorney Comes to pros 
his Suite ag' Jn° Rutter in a plea of Debt and Saith That the s d Jn° 
Stands Justly Indebted to her the s d Mary : in the full Sume of Two 
Bar 1 " Pitch & one Barrill : of Tarr and the Def in p'son appeares & 
Confesses 

Ordered that Jno Rutter pay unto Mary Lawson the Sume or quantity 
of Two : Barrills of Pitch & one Bamll of Tarr according to Specialty 
w th Costs 

14 



106 COLONIAL RECORDS. 



And thereupon s a Mary by her attorney afs a pray by reason of his 
Insolvency that the s d Jno may be Comitted in Custody of the Marshall : 
untill he hath paid or Secured to be paid the Said Debt & Costs afs d and 
it was ordered accordingly. 

Jno Robison : & Sarah : his wife & Jno Nixon : Executo™ of the Last 
will & Testamt of Jno Harris Deed : Comes to pros their Suite agt W m 
Wallston in a plea of Trespass upon the Case & Declares : That : the 
Deft Stands Justly Indebted to the pit qualified as afs d in y e Sume or 
Quantity of one Tune of Barrills & five yds of Scotch Cloth &c : and 
the Deft by Edw d Moseley his attorney Comes & Defends the force & 
Injury when &c: & prays oyer: of the Lett 1 Testamentary: and to him 
it is read in haec Verba, whereupon the Deft prays Judgmt of the De- 
clarcon afs d because he Saith that there is Variance or misnomer between 
the Declar : & the Lett 18 Testamentry mentioned there in the Declar : 
mentioning that one Nickson is one of the Executo 18 & pit to the De- 
clarcon whereas in Truth: the afs d Lett™ Testamt ry Doe not mention 
any such person & this he is ready to aver Wherefore he prays Judgmt 
of the Declarcon afs d &c : w oh being Considered by the Court the s d plea : 
is allowed Good & Sufficient to abate the accon and thereupon is ordered 
that the Suite be Dismist &c 

upon petition of W m Jones 

Ordered that the Said W m Jones be allowed the Sume of Sixteen Shil- 
lings & Eight pence for his Travill & attendance Two Courts being 
Sumoned as an Evidence : by s Jno Eobison & Sarah his wife & Jno 
Mixon Executo 18 of the Last will & Testament of Jno Harris Dec 4 agt 
W m Wallston als Ex oon 

Tho 8 Handry marcht of Boston by Jno palin his attorney comes to 
pros his Suite agt Rich d Morton Late of the p r ecinct of Coratuck Tailour 
Deft in a plea of Debt and Declares: That the Said Rich 4 Stands 
Indebted to him the said Tho 8 & comp. in the full Sume of: one pound 
Seventeen Shillings & a peny in & by his Noate under his hand Dated 
the 16 th Day of Jan'y anno : 1711 : and the Deft was Called & Came not 
and thereupon the p u by his attorney afs d prayed an attachmt agt the 
Estate of y° Deft w ob is Granted 

And : then : the Court : Adjourned to the Court in Course 

C. GALE Ch: Just: 
JOHN PETTIVER 
THOMAS MILLER 
ANTHONY HATCH 



COLONIAL RECORDS. 107 



North Carolina — ss 

Att a Gen 11 Court held for the province afs d at the house of Cap' Jn° 
Hecklefields in Little River on Tuesday the 27 th Day of Octo r Anno 
Dino 1713 

Present the : Honab 1 " Maj r Christo : Gale : Esq r Chiefe Justice and his 
associates 

The Court being Called W m Armure : bound over by Recognizance 
made his appearance : at the prayer of the Informant is Dismist w' h out 
Day And then Court adjourned till y 6 morrow morneing Eight of Clocke 

Wedness" att Eight of y 6 Clock y° Court Meett & Satt 

p r sent uttsupra: 

And now here at this Court came Jno Blish by Tho s Snoden his attor- 
ney & prayd that y e Marsh 11 would bring forth : y e body of Geo Cooper 
according to order of y e last Court wherein haveing failed ye pit prayd 
that Judgm* might be Confirm'd ag' y" Said Marsh 11 Ordered y* y e 
Marsh 11 of Albermarle County pay unto Jn° Blish : march* the Sume of 
Three pounds one Shill & three pence with Cost alias Ex oon and y° 
Marsh" prayed Cont : of y e attachmt ag' y e Estate of y 6 Deft w oh was 
Granted 

And now : here att this Court Came Jno Blish marcht by Tho s Snoden 
his attorney and moved that the Marsh 11 would bring forth the body of 
Jno Powell according to order of y° Last Court wherein haveing failed 
The pit by his attorney afs d prayed that Judgmt might be Confirmed agt 
the Said Marshll 

Ordered that: the Marsh 11 of Albermarle County pay unto Jno 
Blish : marcht The Sume of Two pounds with Costs : alias Excon And 
the Marsh" prayed Continuance of y° attachmt agt y e Estate of y° Deft 
which was Cont : accordingly 

And then the Court adjourned for an Hower 

According tp adjournmt the Court meet and Satt 

Henry : Speller marcht by Tho 8 Snoden his attorney : Comes to pros 
his Suite agt Jno Relfe : in a plea of Debt and Saith the Deft Doth owe 
and Stand Justly Indebted to him y e p 14 in y 6 full Sume of Twelve 
pounds as by his Certaine bill under his proper hand may appear and 
the Deft in person appeares & Confesses. 

Ordered that Jno Relfe pay unto Henry Speller the Sume of Twelve 
pounds with Costs als Excon 

Jno Relfe by Edw d Bonwicke his attorney Comes to pros his Suite 
agt Henry Speller marcht in a plea of y e Case & Saith : the Deft Stands 



108 COLONIAL RECORDS. 



Justly Indebted to him y" pit the Sume of Seven pounds fifteen Shill by 
accot here ready to make appear and y° said Deft Saith nothing in barr 
or Retardation of y c Said accon "Wherefore y e said pit remaines agt y 8 
Said Deft thereof undefended therefor it is Considered by the Court here 
yt y 6 s d pit recover agt the Said Deft the Said Sume of Seven pounds 
fifteen Shill with Costs als Excon 

Jno peny : marcht was Called to pros his Suite agt Lieut Coll Theophe- 
lous Hastings but Came not whereupon y 6 Deft by Danl Richardson his 
attorney prayed an non pros 

Ordered that y e Suite be Dismist & y e pit pay Costs als Excon. 

Jere : Symons by Dan 1 Richardson attorney Comes to pros his Suite 
agt David Northy : Deft in a plea of y° Case and Saith the Deft Doth 
owe & Stand Justly Indebted to him y e p" in the Sume of Ten pounds 
and the Deft was Called but came not and y e p lfc thereupon prayed an 
order asrt the Marsh 11 

Ordered -that y° Marsh" of Albermarle County have y° body of the 
Said Davicl Northy att the. next Gen 11 Court als Judgmt agt the Mar- 
shall :' 

And the Marsh 11 prayed an attachmt agt y 6 Estate of y" Deft which is 
Granted. 

Griffith Jones of y° precinct of pasquotank Comes to pros his attachmt 
agt Jno Creach : of y" Same place and the Deft was Called & Came not 
and the Marsh 11 haveing returned attacht of the Deft 8 Estate one yeare- 
ling Colt : and one blacke and Whitte Cowe marked on the Right Eare 
w th a Cropp and on the left w th and under Keell w tb a Calfe by her of y' 
Same Collour unmarked and the pit thereupon proved an accot by his 
oath : agt y° Deft y e ballance whereof was Two pound Seven Shill :„ and 
Ten pence 

Ordered that y e Goods attached be Condem'd to Satisfye y e af' d Debt 
And Costs to y" Said Griffith Jones and that y B Marshall have y" Same 
apprised according to act of assembly 

Jonathan Bateraan personally Came into Court & acknowledged a 
Convayance of one Hundred & fifty one acres of Land Lyeing in Cuse- 
opernon unto Jno Birkett 

Ordered to be Registered 

And now here at this Court Came Richard Stamp : and moved that 
y e Marsh 11 would bring forth y" body of Arehable Hartley according to 
order of y° last Court wherein haveing failed y 6 Plaintiff pravd that 
Judgment be confirmed against y° Said Marshall according to y° af sd order 

Ordered that y e Marshall of Albemarle County pay unto Rich d Stamp 
y e Sume of Six pounds with Costs a ls Ex co " 



COLONIAL RECORDS. 109 



And the Marshall pray'd Continuance of y e attachment against y° 
Estate of y° Defendant w oh is Cont : accordingly. 

Will m Lewis of y" County of Bath by Edw d Moseley his attorney 
Conies to pros his Suite against Co" W m Brice and Saith the Defendant 
Stands Justly Indebted to him y° Said Plaintiff in y e Sume of fourteen 
pounds &<i and the Defendant was called but Came not & thereupon y° 
Plaintiff prayd an ord r against y e Marshall 

Ordered that y" Marshall of Bath County have the Said Co 11 W m Brice 
at y" next Gen 11 " Court alias Judgment against y e Marshall 

And now here at this Court Came Samuel Holland marcht by Tho 
Snoden his attorney and moved that y* Marshall would bring forth the 
body of W m L u if man according to order of the Last Court wherein have- 
ing failed the Plaintiff prayd that Judgment might be Confirm'd against 
the Said Marshall 

Ordered that the Marsh 11 of Albermarle County pay unto Sam 1 Hol- 
land the Sume of five pounds Eighteen : Shillings w th Costs alias Excon 

And y" Marsh 11 prayd Continuance of y" Attacht agt y 9 Estate of the 
Deft w ch is Cont : according 

Jacob Overman of y e precinct of pascotank weaver Comes to pros his 
Suite agt Geo : Scarbrough in a plea of Debt and Saith y 8 Deft is Justly 
Indebted to him the pit y e Sume of one pound Seventeen Shillings & Six 
pence as by his bill under his hand Doth & may appear and the Deft 
appeare in person and Confesses accordington Specialty 

Ordered that Geo: Scarbrough pay unto Jacob Overman the Sume of 
one pounds Seventeen Shill & Six pence w th Costs alias Excon 

and now : here at this Court Came : Capt ifrad Jones by Edw d Mose- 
ley his attorney & moved that the Marsh 11 would bring forth y 8 body of 
Eman 1 Cleave according to ord* of y° Last Court wherein having failed 
the pit by his s d attorney pray'd that Judgmt might be Confirm'd agt the 
s'd Marsh" for the Debt & Damages afs d 

Ordered that y 8 Marsh 11 of Bath County pay unto Capt Ifrad Jones 
the Sume of nifty Six pounds Twelve Shilling & five pence w th Costs 
als Excon 

A will of Gilbert Goodales was proved in Court by the oaths of M r 
W m Stevens : & Margreat Slatter at y" Instance of Rich d Whittbee Ex- 
cuto r thereunto 

Capt Jno Robison : Comes by: Edw d Bonwicke his attorney to pros 
his Suite agt Martin : ffrancke Deft in a plea of Debt and Saith : that y 8 Deft 
afs d stand Justly Indebted to him y 8 pit in y 8 Sume of Twenty four 
pounds Thirteen Shill & four pence as by his: Certaine bill mid* his 



110 COLONIAL RECORDS. 



proper hand Doth and may appeare and y" Said Deft in person appeares : 
& Confesses for Twenty Three pounds Twelve & Eight pence. 

Ordered that Martin ffrancke pay unto Capt Jno Robison y e Sume of: 
Twenty Three pounds Twelve: Shill & Eight pence with Cost alias 
Excon 

Upon: petition of Ezeriunn Parker praying to be allowed for his 
Travill & attendance being Sumons as an Evidence by Jno peny agt 
Lieut Coll Theophelous Hastins 

Ordered that y e Said petition 1 be allowed for Two days Comeing & 
Two dayes goeing and one dayes attendance according to act of assembly 
made & provided 

Danl Guthrie Comes to pros his Suite agt Christo : Bailes in a plea of 
Debt and Saith the Deft Stands justly Indebted to y e pit in y e Sume of 
Ten pounds and a non est Inventus being returned on y" writte the pit 
prayed an attachmt agt the Estate of y e Said Deft w oh was Granted 

Mary Lawson Ex trix agt Bartho Phelps and the Said Deft in person 
Comes & prayes a Speciall Importance to y" next Gen 11 Court and he 
hath it and upon motion of y" pit by her attorney afs d 

Ordered that he Continue in Custody of y e Marsh" untill he give Secu- 
rety for his appearance at the next Gen" Court 

Watt : Price assignee of Jno Tho s Comes to pros his Suite agt adol- 
phus Hanson and Saith the Deft Stands Justly Indebted to him the pit 
in y° afs a quality the sume of four pounds as ^ warr and y° Deft was 
Called & Came not according to returne of y e writte and y e pit thereupon 
prayed an order agt y° Marsh 11 

Ordered : That : the Marsh 11 of the County of Albemarle have the Body 
of The Said Adolphus Handson at the next Gen 11 Court alias Judgmt 
agt y e Marshall 

And the Marsh 11 prayed an attachmt agt The Estate of y° Deft w° h is 
Granted 

Mary Lawson : Ex Mx of the Last will & Testamt of: James ffewox : 
Dec 4 : Comes to pros her Suite agt Jno ffisher and Saith y 6 Deft Stands 
Justly indebted to y 6 pit in y* Sume of Six pounds as ^ warr : and an 
non est Inventus being returned on the writte y e pit prayed an attachmt 
agt y e Estate of y" Deft w° h was Granted 

Jno Hollum by Tho" Snoden his attorney Comes to pros his Suite 
agt Jonatha : Bateman in a plea of Debt and Saith the Deft Stands Justly 
Indebted to y b pit in the Sume of Eight pounds as ^ warr and the Deft 
in person appeares and Confesses 

Ordered that : Jonath : Bateman pay unto Jno Hallum the Sume of 
Eight pounds with Costs alias Ex con 



COLONIAL RECORDS. Ill 



Upon petition of: Jacob : Overman 

Ordered that y° s d Jacob : Overman be allowed y° Sume of five Shill 
& Tenn pence for his Travill & attendance being Sumoned as an Evi- 
dence : by Wattkin price agt adolphus Hanson 

And now here at this Court : Came James Tookes by Edw d Moseley 
his attorney : and gave here in Court the following reasons in arrest of 
Judgmt &c : 

1 st The Verditte is 111 : the Jury : Carying w th them : Severall papers 
Dispositions &c w ch w£re not read in Court : Sealed up : & Delivered by 
the Court to the Jury 

2 ly Those papers had they been : read ought not to have been Caryed 
from y 6 Barr by the Jury 

3 ly Judgmt ought not to be affirm'd on that Verdi tt it being an ill 
verditt not finding wt ought to have been found : 

4 l7 The Declaracon Containes Duplicity of matter 

5' 7 The Declaracon is not : Certaine percise mention : not being made : 
of y" quantity of time w° h the negro : is Saith to be kept : 

6 l7 The act : or penall Statute upon w oh This accon is founded Doth 
not warrant or mainetaine y e Declaracon as layd by the pit whereupon y" 
Deft afs d for y" Reasons afs d prayed y° Judgmt may be Sett a Side : and 
y" pit by his attorney : moved That the Deft might make Affidavit to the 
reason afores d as the rule of y e Law : in that Case : Directs there being 
matter of fact Contained in them Whereupon the Deft waved those rea- 
son wherein the matter of fact : was Contained and Insisted on the mat- 
ter of Law only : w cb being Argued on Both Sides the Court resolved to 
advise thereon till tomorrow morne 10 of y° Clocke 

And then the Court adjourned for an hower att an hower the Court 
mett & adjourn'd till y° morrow Eight of y e Clocke 

Thursday morne Eight of y" Clocke y e Court meett & Satt 

Bartho: Phelps personally: Came into Court: & acknowledged a 
Conveyance: of: Two: Hundred & fifty: acres of Land unto: Will m 
Whitte 

Ordered to be Registered 

Jno Porter : assignee of Tho" Collings by Edw d Moseley : his attorney 
Comes to Pros his Suite agt Tho s Averitt and Saith the Deft Stands 
Justly Indebted to the pit the Sume of Twenty pounds as ^ warr : and 
the Deft appeares and confesses according to Specialty 

Ordered that Tho s Averitt pay unto Jno Porter y e sum of Twenty 
pounds with Costs alias Excon 



112 COLONIAL RECORDS. 



Smith : wicke agt Haughton 

And the Said pit by his attorney Conies and prayes an : Imparlance 
unto the next Genii Court and it is Granted 

Tho' Harris Geo: Scarbrongh : Jno Relfe Wffi Stephen. Ambrous 
McCoy were lawfully Sumoned on y° petty jury : being Solemnly Called 
Came not and thereupon it is ordered that y* Severall persons above 
named be fined The Sume of Tenn : Shill Each : according to Rule of 
this Court 

and then the Court adjoura'd for an hovver 

Att an hower the Court mett and Satt 

In : the aecon : Depending between : Miles Gary : pit & James Tookes 
Deft Cont : Till This Day 10 of y" Clocke for the Court to advise on and 
the Court haveing advised and considered the Severall reasons and alle- 
gations offered by the Deft in arrest of Judgmt Itt is y" oppinion of this 
Court That the Said reasons ought to be overruled & they are hereby 
Over Ruled and thereupon it is 

Ordered : That : James Tookes pay & Deliver to the Said Miles Cary : 
the Said Negro Slave named Stephen as alsoe the Sume of Ninty : Two 
pounds Ten. Shill for a hundred Eighty: five Day: Detaineing of the 
Said Slave : Conrary to y° forme of an act of assembly in that Case made 
& provided alias Excon And thereupon the Deft by his attorney afs d 
prayed an appeale to the Hon Me Court of Chancery w ch is Granted the 
Deft giving Security: to pros his Said appeale : with Effect 

Whereas it is Testified to y° Court here That a Judgmt hath been 
recovered by : Capt Jno Norton agt James Bowman Black : Smith in 
precinct Court of Coratucke for y" Sume of Three pounds forteen : & 
Ten pence w th Costs of Suite and the Said Deft is Departed the Said 
precinct : Soe that by : any precept of y e Said Court he Cannot be Taken 
Testatum Ca : Sav : awarded 

Whereas : it is Testifyed to the Court here That : a Judgmt hath : been 
recovered by Capt Jno Norton agt James Bowman, Black Smith in the 
precinct Court of Couratucke, for y" Sume five pounds one Shill : & five 
pence : w* Costs of Suite and the Said Deft is Departed the Said precinct : 
Soe that by any precept -of that Court he Cannot be Taken Testatum 
Ca : Sa: awarded. 

A power of attorney : from Jno Smith marcht to Co" Tho' Boyd was 
j) roved in Court by the oath of Tobias Knight Esq r 
Ordered to be Recorded 

A power of attorney from Ebenez r Whitte to M r Dan 1 Guthrie was 
proved in Court : by the oath: of James Dange 
Ordered to be Recorded 



COLONIAL RECORDS. 113 



Micajah : Perry : & New : Pinsilvania Comp 1 agt Tho" Petterson : 
Capias adcomputanduni awarded 

Upon : Informacon of Edw d Bonwicke attor Gen" That Robt Morgan 
Jno Sawyer Sen 1 Jno Sawyer Jan 1 : Edw d Williams Richard: Hastings 
& Robt Sawyer Did utterly refuse to pay : the fine of five pounds Each : 
Due from them by an act of assembly : for not Goeing to y° Indian 
warr and in Contempt of y° Said Act : Did by force & armes Rescue and 
Take from the Marsh 11 Divers Goods on w ch he had made Distress for y e 
Same persuant to y e Said act thereupon an order of Councill was Dereoted 
to y* Sd Marshall to Take the afs d Delinquents into Custody : to give 
Security : for their appearance at this Court and the Sd Delinquents not 
appeareing a Capias is awarded 

Martin ffranke : Came into Court : & Discharged the Judgmt obtained 
agt him this Court by : Capt Jno Robison for y" Same of Twenty Three 
pounds Twelve Shill : & Eight pence : with Costs of Sute 

Mary Lawson Ext rix of the Last will & Testament of Geo : Gladstaine 
Deced by Tho* Snoden her attorney : Comes to pros her Suite agt : W m 
Whitte and saith the Deft Stands Justly Indebted to her y° pit qualified 
as afs d one young Maire of Two : yeares old : as by a Certaine written 
Obligatory und r his proper hand may appear; and the Said Deft in per- 
son appeares & Confesses according to Specially 

Ordered : that : W m Whitte pay unto Mary Lawson in her quality afs d 
one young maire of Two yeares old or the value thereof with Costs als 
Excon 

And now here at this Court Came : Isaac : Willson : by Tho e Snoden 
his attorney : & moved that the marsh 11 would bring forth : the Body : of: 
W m Johnson : according to order of the last : Court wherein haveing 
failed the pit prayed that Judgmt might be Confirm'd agt the said Mar- 
shall " 

Ordered That The Marsh 11 of y e County : of Albermarle pay unto : 
Isaac : Willson the Sume of Three pounds Six Shill with Costs : alias 
Ex con 

And the Marshall: prayed a Continuance of the attachmt agt the 
Estate of y e Deft which was Granted 

Jno Blish Marcht Comes by Tho" Snoden his attorney to pros his Suite 
agt Capt Rich d Sanderson in an accon of Trover & Conversion & Saith 
That he the pit on the first Day of apprill last past was Seized & pos- 
sessed of one Indian woman Slave named Ann & one femeal Child as his 
own proper good & Chatties and being so Seizetl & possessed as afs d the 
afs d Slaves afterwards (viz 4 ) in y e month of June last past by finding 
15 



114 COLONIAL RECORDS. 



Came to f Custody & possession of y e Deft Nevertheless the Deft very 
well knowing the afs a Slaves to be y 6 ' proper lawful : & Rightfull Estate 
& Inheritance of y" pit yett minding & Intending the pit of y* Same 
wholey : to Deprive & Defraud the afs a Indian Slaves to y e pit to Deliver 
or restore hath hitherto Gainsayed & Doth as yett Gainsaye : to y° pits 
Damage Sixty pounds &c : and the Deft by Edw d Moseley his attor 
Comes & for plea Saith Non Cull, and for Tryall putts himselfe upon 
the Country and y" pit in like manner Whereupon : it was ordered the 
Marsh 11 that he Cause to Come to morrow morneing eight of y° Clocke 
Twelve &o whome &c by whome &c who neither &c & on the morrow 
Eight of y B Clocke there came (vizt) who being Sworne say : wee of y" 
Jury find for the pit 30£ and the Deft by his attorney afs d moved in 
arrest of Judgmt and for these Causes; for that the time & place of y° 
Conversion in not mentioned in the pits Declarcon and the matter being 
Debated on both sides & Considered by the Court here it is the oppinion 
of this Court that Judgmt ought to be therefor Stayed : & it is" hereby 
Stayed &c 

Tho° Pendleton : by : Dan 1 Richardson his attorney : Comes to pros his 
Information ag' Daniell Guthrie : and Saith that : Whereas In : & by an 
act: made by The Grand assembly: of this province between y e 21 th day 
of Jan r y : Anno Dni 170| and the Eight day of March then next fol- 
lowing Intitled an act Consearneing Servants & Slaves by w oh Said act, 
it was (interalia) Enacted in y e following or the like words (viz 1 ) and be 
it further enacted by the authority afs d That whosoever buy sell Trade 
or Trucke Borrow or lend to or with any Servant or Servants Slave or 
Slaves w th out the Lycence or Consent : of his or their : master or owner 
for any Comodity* whatsoever Shall forfeit & pay : for every : Such 
offence Ten pounds to be recovered as afs d as in & by the Said act relacon 
being thereunto had Doth & may more fully appear : Notw th standing w oh 
s d Dan 1 Guthrie & Mary his wife of y° p r cinct afs d & w th in the Jurisdic- 
tion of this Court : & Especially she The Said Mary : the afs d act noth- 
ing or regarding but y° Same & the Authority thereof altogether Dispise- 
ing and as well in Contempt thereof as Contrary to y° purport : True 
Intent & meaneing thereof: She y° Said Mary Did in y" month : of June 
last past on a Sabath Day Deale Trucke & Trade to & with a negro : 
woman to him the said Tho" pendleton belongen Comonly Called or 
known by the name of Jenny : and of her Did Take & receive Two : 
Sticks of whalebone to y" value of Two : Shills in Cousideracon where- 
of She the Said negro woman Did or was to have & receive of her that 
Said Mary Two : fouls or Dunghill Cockes w th out y" Leave Lycence 



COLONIAL RECORDS. 115 



Consent or knowledge of of him the Said Tho 8 pendleton and as well to 
the Great Damage of him y° Said Tho" pendleton as Contrary to y° True 
Designe of y" afs d act whereupon &c and the Said Def ' by : Tho B Snoden 
& Edw d Bonwicke his attorney Comes to y" Pits Informacon : Doth : 
Demurr : w ch being Joyned by the p" and Argued on both sides : and the 
Court have Considered y° Severall Causes offerd by the Def it is y" 
oppinion of this Court that y" Said Demurrer ought to be overruled & it 
is hereby over Ruled and thereupon the Def by his attorneys afs 4 moved 
for an arrest of Judgm* till y 8 next Gen 11 Court & it is Granted 

Concordatur 

Upon petition of Tho 8 Bateman & Mary his wife 

Ordered that y° Said Petitioners be allowed the Sunie of Eight Shill : 
& four pence Each for their Travill & attendance being Sums as Evi- 
dence by Jn° Butler ag' Jonath Bateman als Ex c ° n 

Jn° Bailes Rob' Temple Jn° Birkitt Edw a Smithwick being lawfully 
Sumons on y e Grand Jury : were Sollomly Called Came not and there- 
upon it is ordered That the Said persons be fined y e Sunie of Twenty 
Shill Each according to Rule of this Court 

And then the Court adjourned till the morrow morneing Eight of the 
Clocke 

ffryday morne Eight of y e Clocke the Court : meett & Satt 

Jn° Porter : by : Edw d Moseley his attor Comes to pros his Suite ag' 
Jn° Salley: and Saith : That he the Deft Doth owe & Stand Justly 
Indebted to y" p 1 ' in the full & just Sume of forty nine pounds. Three 
Shill: & Six pence halfe peny: as in & by acco' Settled and adjusted: 
between them : Doth appear &c and the Said Def was Called & Came 
not according to returne of y" Writte whereupon the p" prayd an order 
ag' the Marshall 

Ordered that the Marshall of y e county of Albemarle have the body 
of the s d Jn° Salley at the next Gen" Court alias Judgm' ag' the Marsh" 

Mary Porter widdow : & Jn° Porter Exeuuto 18 of y 6 last will & Testa- 
ment of John Porter Dec d : Comes by Edw a Mosely their attor to pros 
their Suite ag' John Salley in a plea of Debt & Saith that the Def bj{ one 
writteing obligatory under his hand Dated the 15 th of Octo r 1710 Did 
acknowledge himselfe to Stand Indebted to y e said Jn° porter Dec d the 
Sume of Seventeen pounds & Ten pence : in Sundry Species of this 
Country as f) warr. and the Def was Called and Came not wherefor the 
p" prayd an order ag' the Marshall 

Ordered that the Marshall of the County of Albemarle have the body 
of the Said Jn° Solley at the next Gen" Court alias Judgmn' ag' the Mar- 
shall 



116 COLONIAL RECORDS. 



May porter widdow and Jn° porter Executo 18 of the Last will & Testa- 
ment of Jn° Porter Dec d by Edw a Moseley their attorney Conies to pros 
their Suite ag' Jn° Salley in a plea of y e Case and Saith That The Said 
Def Stands Justly to ye p" s in their quallification the Sume of ffifty 
pounds Eight Shillings & a peny in "Skins at Two Shill f* pound : for 
Divers wares Goods & marchandizes by the s d Jn° Porter Dec d : Sold and 
agreed for to & w th y 9 Def &c and the Said Def was Called & Came not 
according to the returne of the writte wherefore the p lts by their attorney 
prayed an order ag' y 8 Marshall 

Ordered that the Marshall of the County of Albemarle have thee body 
of the said Jn° Salley at the next Gen 11 Court alias Judgm* ag' the Mar- 
shall 

Henry Speller: James Thiggpen & Bartho Phelpes being lawfully 
sumoned on the petty jury : Solemnly Called made Default 

Ordered that the said persons be fined the Sum of Tenn Shillings Each 
according to rule of This Court 

And then the Court adjourned for an hower 

att an hower the Court meett and adjourned to the Court in Course 

C. GALE Ch: Jus' 



1714. 

[From North Carolina Letter Book op 8. P. G.] 



MR. URMSTONE TO GENERAL NICHOLSON. 

North Carolina, Jan. I s ' 171|. 
Honored Sir : 

I have some time ago congratulated your safe arrival at Boston, but in 
hopes still of better things dare not to be so plain with you, beino- under 
some obligation of shewing mine to some who perhaps might have dis- 
liked, tho' would neither contradict nor yet remedy what I could, and 
now as heretofore for near these four years have had too much reason to 
complain of. This is now the time of payment, whilst people have it: 
Vestries have been summoned, but to avoid payment would not meet, 
and thus they have served me ever since I came among them, so that I 
fear I must retire into the next Government for relief, which will be an 



COLONIAL RECORDS. 117 



eternal reproach to this Government, and the total ruin of me and my 
poor family. If these find your Honor at Boston and you shall think 
fit to intercede with our Governor and Council to provide for me till you 
come, I shall be very glad to see you here, but without your letter cannot 
hope to be so happy. I have made use of my witts to live hitherto, but 
now am at my witt's end. Starve nor dig I cannot, and beg I am 
ashamed. I humbly entreat your honor to peruse the inclosed and for- 
ward them according to directions. These with my humble respects are 
from 

Honorable Sir, 

JOHN URMSTONE. 



[Council Journal.] 



No Caeolina — ss 

Att a councill holden at y 6 house of the Hon ble Tho 8 Pollock in 
Chowan on Saturday y e 23 d Day of Jan"* 17f§ 

Present 
The Hon ble Tho 8 Pollock Esq r Presid' &c 

(Nath Chevin ) 
The Hon w V W m Reed VEsq 1 Lds Prop trs Deputys 
( To Knight J 

Complaint being made to this Board by King Blount & divers of his 
great men that Meherrin Indians have taken two Indian children belong- 
ing to y" s d Blount &c whose parents are at amity to us and Doe De 
tyne the Same as Slaves 

Wherefore tis Resolved by this Board that y 6 President Doe write to 
y e s d Meherrin Indians Commanding them to deliver the s d Indians as 
they shall answare the Contrary at their Perrill and upon refusall that 
y e President doe take such further measures as he shall think fitt to com- 
pell them thereto 

It appeareing to this Board that there will be a nesessity of a small 
quantity of Corne to be raised for the support of King Blounts Indians 
who are employ'd in the service of this Governm' It is resolved by this 
Board that the Hon We the President doe impress 150 bushells of Corn & 
Cause it to be Lodged at W m Coys Garrison for y" use of y° afs d Indians 



118 COLONIAL RECORDS. 



It is Ordered by this Board that noe lands be Survey'd for any person 
w th in twenty miles at least of Cape ffear river & Soe up to y 8 head of 
Trent river till further orders from this Board 

THO 8 POLLOCK ' 
THO 8 BOYD 
T KNIGHT N CHEVIN 



[Feom the Vestry Book of St. Paul's Parish, Chowan Preoinct.] 



At a Vestry met at the church on the North Shore of the Sound in 
Chowan p'cinct March y° 2" 17-^f 

Present 
The hono ble Thorn 8 Pollock Esq psi dt 
William Duckenfield Esq 
Thomas Peterson 
Thomas Luten 
Thomas Lee 
Leonard Loften 
Samuel Patehet 
And they having taken into Consideration the Letters from the Hono We 
Society by the Hono bls Co 11 Nicholson, together with one from his Hono. 
the following Answers to the Said Letters were ordered. 

To Hono ble Society de propoganda &c 
S ra 

We whose names are here underwritten Vestrymen and Church War- 
dens of the precinct of Chowan in the County of Albemarle in the 
Province of North Carolina do for our Selves and on Behalf of the Rest 
of the Inhabitants of this said precinct in a most Grateful Manner, 
Return our hearty Thanks to the Hono bIe Society &c. for their great Care 
of our Souls' Health in Sending over Missionaries to preach the Word 
of God and Administer the Holy Sacraments among us. We and the 
whole English America ought to bless and praise the Almighty for hav- 
ing put it into the Hearts of so many Honorable and Great persons to 
think of their poor Country Folks whose Lot it hath been to come into 
these Heathen Countries, Where Ave are in Danger of becoming like the 
Indians themselves, without a God in the World. 



COLONIAL RECORDS. 119 



We of this precinct : with the Rest of the Goverm' in particular have 
been for some time happy in the pious endeavours of divers of the Clergy 
Miss 7 and others who have Set up the Worship of God according to the 
Church of England by Law established amongst us. but by the poverty 
of the Country, Unsettledness and Opposition of Sectaries. We never 
yet were able to make due provision, for those of that holy Order, which 
hath We fear been the Occasion of their short Stay with Us. None of 
them ever abode so long here as the Reverend M r Urmston hath done. 
Yet have not been So happy in him neither as We would have desired, 
by reason that for the most part, there hath been no other Minister in 
these parts Since his arrival ; and seeing the Confusions and Distractions 
of this Unhappy Colony, were so great, the opposers of the holy Church 
so numerous and their Endeavours to subvert the same indefatigable, he 
hath made the other precincts Sharers with Us in his Ministry. " His 
great pains and unwearied Dilligence to keep together those of our 
Church, hath had good success, and will undoubtedly be very acceptable 
to the Society. It were to be wished he had met with due Encourage- 
ment proportionable to the great Feteagues and hardships, which he 
hath Undergone, but fear he hath failed thereof. We of this precinct 
allowed him according to our first act of Assembly in Favour of the 
Church of England, [which was not obtained without hard Strugling] 
30£ p r annum, for the first year, and half hoping the other precincts 
where he officiated would have done the like. We cannot say we have 
fullfilled our promise. As for the two years last past he hath been pre- 
vailed with, and indeed Necessitated, not being able to travel any longer 
about the country to confine himself to this precinct, where his Residence 
hath constantly been. We have a large parish, many poor inhabitants, 
and those Seated at a great Distance from each other, passages very 
Uncertain by Reason of a broad River, which runs through the 
Heart of the Parish, near 100 miles in length, and in many places 
broad, and but one sorry Church on the North Shore of the Sound 
never finished, no Ornaments belonging to a Church, nor wherewith to 
buy any except the Bounty of the Hono We Col Nicholson Viz' 10 pounds, 
part of the 30 IbB given by him when Gov r of Virginia to three Parishes 
of this County which is not yet expended for want of an addition ac- 
cording to the Intention of the Donor, parsonage House and Glebe we 
have none, nor a School : The first Library of great Value Sent us by 
-the Direction of the Reverend Dr Bray, thro' an unhappy inscription 
on the Back of the Books or Title page. Viz* Belonging to the parish of 
S' Thomas of pamlico. in the then rising but now miserable County of 



120 COLONIAL RECORDS. 



Bath falsly supposed to be the Seat of the Governm 4 was lodged there, 
and by that means rendered useless to the Clergy, for whose service it 
was chiefly intended, and in what Condition We Know not. We fear 
the worst by Reason of the late war. The Library, sent in by M r Gor- 
don was all left with Mr Wallace late Minister of Keketan in Virginia 
Save Witby's Annotations on the New Testament. 2 Vol Fol and Pear- 
son on the Creed, which we have, the said M r Wallace upon due Appli- 
cation refused to deliver the Books, without an Order from the Society 
or M r Gordon. There were missing Collection of Cannons. Peveridge 
on the Catechism Bennet ag' the Quakers. Lucas of Happiness 2 Vol. 
8vo. Eachards Ecclesiastical History fol. and now the said Mr Wallace 
is dead we fear the like ill Fate may attend the rest, those Charity 
Books to the value of 5 lbs the generous Gift likewise of the Society 
have been since Mr. Gordon's Departure, disposed of as was intended. 
What relates to the other parishes, within this Government, we presume 
will be laid before the Society by their respective Vestries, their neces- 
sity We believe to be great, but being under the like unhappy Circum- 
stance beg leave only to supplicate for ourselves, and to pray the Hono blB 
Society to continue or rather add to the Salary of M r Urmston to the 
End he may be ennabled to stay with us. and that they will out of their 
great Charity concur with our Honest but weak Endeavors to establish a 
Church, Ministry, and a School, with the allowance of 10 or 15 lbs p r 
Annum to a person whom We shall make Choice of to teach our Chil- 
dren in this p'cinct and we shall be bound ever to pray that God All 
mighty may increase their Store and Strengthen their Hands in the car- 
rying on the great Work they have so piously undertaken, and may 
meet with happy Success in that their Glorious Design. 

So prays S ira - 

Your most obliged poor Countrymen 

of the Vestry aforesaid. 



To the Hon"' 6 Co" Nicholson 

Honoured S r 

The Reverend M r Urmston having acquainted Us with your Hon 
good Intentions towards this poor Country particularly Us of this par- 
ish and the Continuance of your Generosity to usward. 

We humbly pray your Acceptance of our unfeigned thanks for all 
your Favors. Hoping We have complied with the Orders of the Holy 
Society in the enclosed. We humbly beg your Hon 1 would pleased to 



COLONIAL RECORDS. 121 



concur with our Request to* the Society, and promote the Interest of a 
poor Country which you seem to wish so well. Your presence here is 
very much desired, ajl honest men and Friends of the Church are big 
with Expectation of the great Influence your good Endeavours may 
have over us all, to confirm and make all the Members of our Church 
adhere more Zealously to the Interest thereof. 

Silence the Gainsayers and reduce the Authors of our late Confusions 
to a due Obedience to all lawfull authority in Church and State. 
These with all unfeigned and humble 
Respects are from 

Hono d S r 

Your &c. 



Upon Complaint from M r Urrnston that the Sherriif Jn° Hardy had 
failed in the Collection of forty _ five pounds ordered to be paid to the 
Said M r Urrnston. December y° 10 th Anno 1711. 

Ordered that the said John Hardy do give an Account to the Church 
Wardens, who ordered him to Collect the Same of all he hath received 
and paid on that account on or before the last of this month. 

Ordered that the present Church Wardens pay James Beasley for a 
Desk in the Church as soon as it can be raised. 

Ordered that Doct r Spruill be paid for the Cure of Ebenezer Aldridge. 
his Claim of twelve pounds by the present Church W'ardens as soon as 
money can be raised. 

Ordered that Mr Moseley be allowed forty Shillings for the Board of 
the Said Eben : Aldridge for four months by the present Church War- 
dens as soon as money can be raised. 

That M r Edward Moseleys Request for an allowance towards his Loss 
in the plank bought for the use of the Church be referred to the consid- 
eration of the next Vestry 

THO LEE THO a POLLOCK 

LEONARD LOFTIN W m DUCKENFIELD 
THO s PETERSON THOMAS LUTEN 



[Fkom Noeth Carolina Letter Book, S. P. G.] 

MR. RAINSFORD TO THE SECRETARY 

Chowan N. Carolina March 30 th 1714 
Worthy Sir 

Since my arrival here I have writ several letters to the Society accord- 
ing to their directions half yearly & particularly relating to my Mission 
16 



122 COLONIAL RECORDS. 



and proceedings in this Government. I can't suppose my letters to have 
miscarried by reason of my Bills being protested by the Treasurer as 
soon as exposed to view I can't but think this is severe usage considering 
the inexpressible hardships and inconveniences it exposes me to I need 
not tell you that neither Mr. Urmstone nor myself has ever received any- 
thing by way of support by the contribution of the Inhabitants but my 
own particular losses have been considerable in this Government whether 
I respect the horses I have lost here the great expenses I have been at for 
a guide to inform me in the road (which has been no less than £20 yearly) 
my everlasting fatigue in going by water and hiring hands and now the 
great misfortune of having my Bills protested. This last particular had 
almost ruined me by destroying my credit which has been upheld ever 
since my arrival by that worthy Gentleman Mr. Edmund Kearney out 
of profound respect to the Society and now this every thing not only 
exposes me to want but even to the dangers of a Gaol — The fatigue of 
being an itinerant I am not able longer to undergo and have accordingly 
quitted the 25 th of this instant the Societys employ I designed instantly 
home but can't possibly leave America till Mr. Kearney is every satisfied 
for the sume he has lent me — 

It's well however known to the Society that I left an excellent cure 
in England — That I came here not out of necessity but choice not for 
interest but conscience when I entered into their employ and I had rather 
serve the Society 7 year gratis than to let this Gentleman suffer for his 
undeserved civilities I am now with him in order for Virginia where I 
shall supply some vacant Parish till I receive an answer to this and 
accordingly have sent those two Bills a second time which have been once 
protested hoping that Hon" body will consider my condition in so 
remote and helpless an abode and pay them now punctually to Mr. John 
Porterfield that I may be easy under these heavy and almost insupport- 
able circumstances I have put the two forty pounds bills into one Eighty 
pounds that it may be less troublesome to the Treasurer — There is this last 
half year due to me still with the proceeding half year that I have not 
heard of tho' drawn for this I shall omit drawing for till I see Col 1 
Nicholson who is expected in two months time I formerly mentioned my 
readiness to serve the Society in any other part of America except this 
of North Carolina provided I may be a settled Incumbent and' have no 
greater difficulties to grapple with than the rest of my brothers employed 
in this service I now sincerely offer myself to any place the Society shall 
please to appoint me I have faithfully and conscientiously discharged my 
duty during my continuance in these parts and at the first return to 



COLONIAL RECORDS. 123 



answer to this shall go to Britain unless the Society disposes of me as I 
propose — 

The Colony is now at peace the whole body of the Indians being 
entirely destroyed — I never yet received a Book of Mr. Adams's Mr. 
Sanderson who had them at his death having disposed of them to those 
who neither will use them nor return them Mad m Hyde sold me all the 
Societies Books committed to her care for Eggs Butter &c. when they 
were to be disposed of gratis according to the interest of the Society — 

I can safely say that my lodging for the best part of my time in this 
Government was in an old Tobacco house & exposed to even in my bed 
the injuries & violence of bad weather with infinite other inconveniences 
only to settle myself where I thought I had an opportunity of doing 
most good. 

Mr. Urmstone told me he immediately designed home soon after the 
arrival of Co 11 Nicholson and truly I don't see how the country any way 
deserves a Missionary among them for behave yourself with the greatest 
caution and reserve and shew the fairest example of a Christian life yet 
notwithstanding they'l traduce slander and bely you and if you seriously 
tell them of their faults they" not only absent themselves from Divine 
service but as much as in them lies hinder others from the performance 
of what God and religion require at their hands I once more entreat 
your Venerable body the Society that my Bill may be paid in order to 
my future quiet and I shall ever acknowledge it to be highly charitable 
and condescending in them for so distinguishing an act of their bounty 
and goodness shewn to their Missionary as well as most grateful most 
obliged thankfull 

humble servant 

GILES RAINSFORD Miss: 

I formerly writ to be discharged from this cue and if the Society took 
it into consideration as I suppose they did and discharged me at their 
Board there remains their bounty of a years salary (as appears by their 
collection of paper) which I presume is intended to carry me home 



[Council Journal] 



North Carolina ss 

Att a Councill holden at y e house of Cap' Jno Hecklefeild in Little 
River on Wensday April y° 7 1714 



124 COLONIAL RECORDS. 



The Hon Mes 



Esq 1 Lds prop trB Dep tys 



Present The Hon ble Tho s Pollock President &c 

f Thos Boyd 
Na: Chevin 
W m Reed 
T Knight 

Upon Petition of M r Joell Martin Attorney to M r Jno Morgan Exec r 
of y" Last "Will of Capt James Beard dec d praying Letters Testamentary 
upon behalf of y° s d Morgan upon y e afs d Will 

Ordered that letters Testamentary be granted as pray'd for 

Obadiah Rich acknowledges himself to Stand Justly indebted to our 
Sovereign Lady the Queefte in the Sume of ffifty pounds & T McBride 
in the Sume of fifty pounds to be levyed upon their goods & Chatties 
Lands and Tenements Upon Condition that y e s d Rich doe appeare at y e 
next Gen 11 Court to be holden for this Governm' to answer to such mat- 
ters as shall be objected ag' him & in y" meantime to be of his good 
behaviour 

Whereas the Dep' Marshall of Curratnck have returned a warr* exe- 
cuted ag' Rich 4 Smith to appear before this Councill but neither the s d 
Marshall nor the s d Smith appearing It is hear by ordered that y e said 
Mars 11 have y 6 body of y" said Smith at y" next Gen" Court to be holden 
there to answer the said Complt as he will answer y Contrary at his 
peril 

Dan 11 Richardson Esq r the L ds proprie rB Receiv r Gen 11 representing to 
this Board that there is a nessessity of appointing some persons to recieve 
y' fSchase money in the County of Bath & pray's the opinion of this 
Board whither if he appoints such persons as afs d the Charges that he 
shall be at for receiving Storage &c may not be allowed upon his acc ts 
with y e Propriet rs 

Whereupon this Board haveing duely Considered the matter. It is 
their opinion that all Such reasonable Charges as y e afs d Richardson Shall 
be at as afs d ought to be allowed to his Cred' on y° Prop 4 ™ Ace 13 as afs d 

M r Charles Worth Glover having reported to this Board that he was 
Resident at King Blounts Town four months by a form r order of y e 
Assembly by w ch order he was to have received ten pound for y» first 
month & £5 for every month after wh* h amounts in the whole to £25 to 
be pd at his returne but Contrary to Expectation the Treasurer refuses to 
pay the same untill next year 

Wherefore it is ordered that y° Treasurer of Pequimons prec' Doe pay 
y° afs d Sume of £25 to the S d Charles Worth Glover without Delay 

ffor as much as it has been represented to this Board by the Commons As- 
sembled that by reason of y° continuall Outrages * Hostillitvs Committed 



COLONIAL RECORDS. 125 



by the Indians in the County of Bath the People Inhabiting that County 
cannot soe readily comply with the paym' of the fSchase money for the 
Land as by Act of Assembly is required and therefore prays that a fur- 
ther time may be granted to them for that fipose and that their Settled 
Lands may not Lapse in the mean time which matter being Considered 
by this Board 

It is Ordered that no Lapsed pattents be granted for y" future for any 
Settled Lands in the County of Bath until] futher Orders from this 
Board but that untill such futher order the people who are the owners & 
possessors thereof have Liberty to provide and secure paym' for the Same 
And tis further ordered that whenever this order shall be altered notice 
thereof shall be given to y 8 People by Proclamation at least ffour months 
before. 

Whereas many People haveing taken up Land upon the Morratock 
River & the brandies and Pattented the same but are not capable of set- 
tling them by reason of the Indians ^suant to y e purport of the same 
pattents — 

It is ordered that such Land Shall not Lapse for want of seating till 
one years notice thereof be given from this Board 

Cap' W m Hancock haveing Complained to this Board that he having 
imprest & Commanded Jno Tanyhill W m Hutson ffrancis Hill Edw 1 " 
Pearce Tho 8 Jones Geo Moy Jno Hainan Jno Slocomb Tho" Masters Jno 
Sheaver & Christo Miller to march out w' h him ag' the Indian Enemy 
they utterly refused to obey his comand in Contempt of the authority of 
this Governm' 

Therefore It is ordered by this Board that y" Provost Mars" of the 

County of Bath take the severall fJsons above named into his Custody 

untill they give good security for their appearance at y e next Gen 11 Court 

to answer the s a Contempt 

THO POLLOCK 

THO 8 BOYD 

T KNIGHT N CHEVIN 



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



MR. URMSTONE TO GENERAL NICHOLSON 



North Carolina April 12 1714. 
Honored Sir 

As soon as possible after I was favoured with one from the Society 
inclosed in your honor's I sent to the several Vestries within this 



126 COLONIAL RECORDS. 



wretched Government in number seven and exhorted them to lay hold of 
this opportunity of obtaining Missionaries and School masters which are 
much wanted — I know not how quick they may be in complying with 
your commands if know them I am not apt to believe they'l not be over 
forward, such slow bellys to all that concerns souls health : most here 
had rather be without them. I am sure they are not worthy of any 
and were their usage of me known I am persuaded none would be so 
mad as ever to come among them they'l neither pay Minister nor School- 
master nay they had need to be hired to go to church or send their chil- 
dren to school I and all my predecessors have been laden with calumnies 
reproach and scandalous falsehoods instead of wealth nay having had the 
hard fortune of staying against my will longer with them than any of ruy 
function ever did — I find them more prone to take from us by fraud and 
extortion what we bring with us and seem unwilling we should live 
though at our cost by them — 

I cannot but wonder the Society should want to be informed about the 
state of this sorry country since I have sent them so many and such dis- 
mal accounts of it I fear I have been abused for my custom hath 
been to send my letters open to a certain Member of the Society who 
either hath not delivered them or else they were not believed I have often 
prayed for a removal or rather leave to go home and had I been able I 
should long 'ere this have left the place 'tis very grevious to live in so great 
want of food and raiment and indeed all necessaries, to hear the com- 
plaints of a poor Gentlewoman I brought from her friends who had she 
not been my wife would never have endured so much baseness and above 
all things the continual danger we have been in a long time of being sacri- 
ficed by the Indians, frightful reports of daily murders committed in the 
neighborhood — I blessed God we have escaped with our lives but have suf- 
fered more than any other family in the Government for all that lost either 
houses goods or provisions were relieved and taken care of whereas we are 
neglected I have frequently begged both in public and private for 
relief if not allowance as their Minister at least their charity as a chris- 
tian and Inhabitant but it availed nothing; many would say why did I 
not labour & make corn they saw no reason why I should not work as 
well as they. 

I cannot see how it will ever be possible to settle a Ministry here the 
people live so scattered and remote the Parishes so large that they can- 
not be supplied without much labour and charge— I have been open 
exposed to great danger and a great expense and at last bought a couple 
of Negroes and a canoe in order to servo my cure and forced to hire a white 



COLONIAL RECORDS. 127 



hand to teach them as well as make them work, weary of that charge I 
resolved to buy me an English Servant was cheated with one by Thomas 
Jones who out of pure kindness spared me one whom his brother had 
tried for 8 months and not being able to manage him let me have him 
for £14 Sterling he could not have found such another villain in all 
America he first robbed me and at 3 weeks end ran away — I sent after 
hi in but cannot hear of him — This is the 4 th white servant I've lost since I 
left England I was most abominably cheated with a Negro who died 
within ten days after I bought him — I've been very unfortunate in cows 
and horses my Salary spent in Bills the worst way of improving it ; My 
attorney abuses me has suffered two Bills to come back protested and I 
fear will serve other two which I since drew upon him in like manner, 
so that I shall be very miserable, nothing coming in from the Country 
nor credit — 

We had great plenty of corn wheat and Porke and hoped I should 
have had a little of each if I had not employed my hands in the service 
of an ungrateful people I might have had grains of all sorts. I prest the 
vestry to meet me and provide for me in time but could not prevail til the 
arrival of your honor's letter and then 'twas with great difficulty after 
six voyages and ten days spent myself and hands attending upon the 
Gentry : some were for allowing me nothing, others said it was too late, 
the people having disposed of all the provisions they could spare — They 
agreed upon an answer to your Honour and the Society 'tis ordered to be 
written over fair I guess by Christmas next twill be ready to send, I 
would have inserted their treatment of me it might perhaps have been 
encouragement for other to come from England, I do not suppose they'l 
let me see much less sign it — They do not allow me to sit in Vestry, at 
my first coming I prevailed with the Assembly to make an act for estab- 
lishing the Church but was not consulted about it The former act offended 
the Society in reserving a Power to the Vestry to turn out and hire Min- 
isters at pleasure. 

I think this is of worse consequence for now they are at their liberty to 
allow any thing or nothing and accordingly the purpose to serve me — 
Co" Hyde engaged this Parish to pay me £45 for. the time past to Christ- 
mas 1711 tis not much above half collected and of that I have received 
£11 odd shillings they promised me £60 per annum ever after but now 
will pay me nothing — a year hence we may have another Vestry and 
then the Sheriff must account for his mismanagement — If I have no 
goods from England this spring I know not what will become of me — 
M r Rainsford acted very unfair ; he would have forced me out of this 



128 COLONIAL RECORDS. 



Parish, no other place would please him he offered to serve it gratis and 
told the people the Society did not expect the country should allow any 
thing, that doctrine was very edifying but in a short time he became as 
contemptable as he endeavoured to render me he is now in Virginia but 
will not be entertained. Reckoton and Nansimond rejected him I am 
told the Governor has threatened the latter to compel them to receive him. 

I acquainted your honor in a former if I mistake not that the Library 
my Predecessor M r Gordon should have brought in was left with M r 
Wallace of Virginia he is dead and I fear the Books will be lost — I have 
desired an order more-than once from the Society or M r Gordon to demand 
them but have no answer from that or a thousand other things very ma- 
terial relating to my Mission ; surely paper and ink must be dear in 
England The Vestry of Coratuck where M r Adams late Missionary 
died detain his Books on pretence they were at some charge in fetching 
them out of Virginia and will appropriate them to that Parish where no 
Minister will scarce ever reside. The famous Library sent in by Dr. 
Brays directions is in a great measure destroyed I am told the books are 
all unbound and have served for some time for waste paper. 

I humbly beg of your honor to order £20 Sterling to be laid out as 
follows and sent by the bearer and I'll send yon my Bill upon the Treas- 
urer viz. Sugar the best sort — Molasses and Rum of each a barrel, the 
best pale or slack dried Malt a hogshead with hops proportionable the 
three former are as precious here as gold of Arabia with them I can buy 
Provisions — I shall want 3 or 4 Sickles a gallon of the best sallet oil Nut- 
megs 2 ozs. Ginger 2 lbs. black pepper as much cinnamon cloves mace each 
3 ozs. ink powder two papers and if money will hold out a barrel or two 
of cider will be very welcome — I should not have taken this liberty had 
I any acquaintance there I desired the Society to give me credit there or 
at Barbadoes £20 per annum but am neglected twould have done me 
great service— Many begin to doubt of your honor coming hither and 
more do not desire you may— if you do not here will be no abiding for 
me, I therefore crave I may be dismissed if your Honor cannot do it 
I entreat you to press the Society to do it— I find by virtue of an order 
made since I left England 'tis not prudent to remove without leave first 
obtained I beg pardon for my tedious long letter and your acceptance of 
the most humble respects of 

Your Sir etc 

JOHN URMSTONE 

Missionary. 



COLONIAL RECORDS. 129 



[Council Journal.] 



North Carolina ss 

Att a councill holden at y 6 house of Capt Jno Hecklefield in Little 
River on ffryda'y the 28 th day of May Ano Dom 1714 
Present the Hon" 16 Tho s Pollock Presid' &c a 

( Tho s Boyd ) 

The Hon" 1 " I N Chevin V Esq 1 Lds prop' 18 Dep ty3 

(Tob s Knight j 

The Hon bl ° Charles Eden Esq r Presented a Coniission to this Board 
from his Excellcy The most Noble Henry Duke of Beaufort Pallatine & 
the rest of the R' Hon bIe & Hon Wo the Lds prop trs of Carolina thereby 
appointing him Gov' Cap* Gen 11 & Adm 11 of this province which said 
Comission was read allowed and ordered to be recorded and the y° said 
Charles Eden tooke and subscribed the several oaths by law appointed to 
be taken for his qualification together w th the Oath for y" Due Observa- 
tion of y" Laws of Trade and Tooke his place at y e Board as Gov r 
accordingly — 

Then the afs a Councill being continued there was present 
The Hon ble Charles Eden Esq r Gov r Cap' Gen" & Adm 11 &c 
f Thos Pollock ) 

The Hon"- \ ^CWuf f ^ Lds P ro P' IS ^^ 
I To Knight J 
Then a Proclamation was Issued out & published for y° Continuance 
of all Officers & Majestrates both Millitary and Civill and all process 
Depending untill the Gov™ pleasure Should be farther Knowne thereon 
Then this board adjourned till tomorrow morne 

Saturday Morne May 29 th 
This Board met according to adjournment there was present ut Supra 

together w th the Hon We Maj r Christo Gale 

Whereas report has been made to this board that y e Hatteress Indyans 

have lately made their Escape from y e Enemy Indyans and are now at 

Co u Boyds house 

It is ordered By this Board that the afs d Co" Boyd Doe supply the 

Said Indyans w' h Corne for their Subsistance untill they can returne to 

their owne habitations againe and lay his Acco' thereof before y e next 

Assbly 

17 



130 COLONIAL RECORDS. 



fforasmuch as there is like to be a great Want of Corne in this Gov- 
ernm' for y° Supply of our fforces ag* y e Indyan Enemy 

Wherefore It is ordered by this Board that y e Severall Officers of y° 
Customes within this Governm' doe not from hence forward permit any 
Vessell now to be entered to take any Corne on board till farther Order 
from this Board And that they signify y" same to y e Masters of y e Ves- 
sells at y" tyme of their entry. 



[Fkom N. C. Letter Book of S. P. G.] 



M r URMSTONE TO THE SECRETARY. 

North Carolina June 12 1714 
Sir 

You say in yours of Dec r 18 1713 which came to hand two days ago 
that mine to Mr Hodges dated Oct 1 22 nd 1712 was at last communicated 
to the Board. I wonder what has become of divers older as well as 
fresher date of far greater moment. I gave bond for the books which 
M r Gordon should have brought me but left with Rev d M r Wallace late 
Minister of Richetan on James River Virginia where greatest part of 
them still are. I did indeed after the decease of Mr Adams demand his 
books but was denied them and so will every one that is not musket 
proof — the Vestry pretend that they are appropriate to that Parish so 
that I believe neither Society nor their Missionarys will ever be the better 
for them, they'l do by them as the gentry of Bath have done with that 
famous Library the Rev" Dr. Bray sent in here as of £100 value — make 
waste paper of their Books rather than the clergy should have them such 
is their esteem of our functions in all other respects were it in their power 
they would deprive us of food and raiment too — I and my pore family 
are brought to that pass : I brought £50 worth of Books with me, they 
are mostly destroyed in the way & through want of safe custody apparel 
& necessaries we had sufficient but now being forced to sell our bedding 
cloths off our backs & all the movables we could spare for a little pro- 
visions — we are destitute of goods & naked & instead of Books I've 
gotten a parsel of Tools fit for all trades set up for my Library which I 
am forced to make as much use of as I should do of Books had I leisure 
contempt enough without any fault of mine I call God and all good men 
to witness : but such is the fate of the greatest part of the Ministry, 



COLONIAL RECORDS. 131 



thanks to the mismanagement of the reformation and the Worldly mind- 
edness of too many who have the good fortune to know the great Men 
and some by merit but more by indirect not to say unlawful ways have 
attained to great preferments yet the contempt brought upon us the 
inferior rank reaches unto them their pluralities of fat benefits does not 
screen them from partaking with us but they can better bear it — Nil 
habet insese divirus Paupertas — 

You say complaint has been made that some indiscreet & negligent 
actions have exposed me to the hatred and contempt of the people, it is 
no wonder for, 'twas so from my first setting my foot into this wretched 
hole 'tis well I have any discretion left since I am almost bereft of the 
little sense & reason I was once Master of, my sacred character is suffi- 
cient to draw hatred & contempt upon me from a pack of profligate & 
loose people & zealous sectarists whose whole endeavour it is to load 
me with reproaches — This colony chiefly consists of such our Vestries 
not excepted, however I procured after 7 months entreaty many long & 
tedious Journeys & voyages sometimes 3 or 4 days abroad with 3 servants 
divers appointments & as many disappointments I got I say 7 of our 
Vestrymen together at last who persuaded with much difficulty to draw 
up an account of the state' of this Parish which had not been obtained 
did not they fear Col 1 Nicholson would come in and be displeased with 
them at the request of the s d Coll 11 I communicated both this & that from 
the Society to all the Parishes within this Government but hear not of 
any thing done save in my Parish the great reason of our Vestrymen 
their unwillingness was fear of being obliged to do some thing for me it 
being then pay time & great plenty of all sorts of provisions yet pore 
was put by, neither the £45 ordered in Dec r 1714 & then due nor any 
thing from the time since that could be obtained nor ever liked to be they 
were forward enough to magnify their poverty & beg further assistance 
of the Society but in very deed worthy of none — These Vestrymen you'l 
say, can be no better than enemies to me, nay two of them were professed 
anabaptists & 3 vehement Scotchmen Presbyterians one descended from 
Quakers & I believe never Baptized & still I suspect no friend of the 
Church yet these very men in their said account will take all such accu- 
sations alleged against me, tho' unjust in all other respects yet have done 
me that justice even before I know I was accused I cannot but lay it 
very much to heart that the Society to harken to the complaint of some 
idle person & so regardless of the repeated requests I've made for their 
.assistance and directions in many difficult cases & the frequent dismal 
relations of my misery which increases daily upon me; I am now in 



132 COLONIAL RECORDS. 



manifest danger of starving for want of bread & except am relieved as 
soon as the wheat is reaped I know not what to do : the sloops from N. 
England sweep all our Provisions away — We have twice as many vessels 
this year as ever were wont to come, there are above 7 now waiting like 
as many vultures waiting for our wheat & more daily expected, they sell 
their goods at exorbitant rates & thus we are rendered poor no marvel I 
suffer then for come what will out, let who will go unpaid, Rum long 
sweet'n alias Mollasses glyst r Sugar must be had — I've nothing to buy 
any thing witli but Bills : £20 in English goods would do me more good 
than any years salary in this way of managing but how to come at that 
now I know not since we are not allowed attornies — I had one as I sup- 
posed a Friend but the worst of Enemies, sent me but one remittance 
since I left England but never was worthy to know what nor of what 
value till the other day when in a huff by reason of my complaint of ill 
usage he has sent an account of all his management — I could not so much 
as hear from him ; he charges me with the postage of a multitude of 
Letters — I never wrote to him but sent one inclosed to some of the 
Society but fear they were not all delivered he paid what Bills he listed 
& has sent others back protested which puts me to an unnecessary charge 
and endless shame and disgrace ; for want of goods I've been forced to 
draw upon the Treasurer supposing my friend to be dead; he said he 
could not supply me by reason of my salary was not duly paid, once 
stopped because I had left my cure and again for drawing upon the 
Treasurer what must I do in such case : I've drawn more than my Sal- 
ary will pay by Michaelmas next — my plantation must be paid for or I must 
turn out and whither to go I know not I have not a morsel of either 
Pork or Beef against Winter nothing to buy with nor can I draw hard 
fate, will nothing draw compassion ? I was not sold a slave to Egypt 
nor yet deserved to be banished to the Gyaril. must I make brick with- 
out straw & my task be increased : I hope for Milder Task Masters — 
and after all my unparelled hardships & fatigues for 4 years together be 
still told that I am idle & negligent of my cure I challenge all the 
clergy in the Cliurch to equalize what I have done & suffered for so long- 
time together if I continue here I hope for better encouragement as if I 
fail therein & am forced to come home — care will be taken of 

Sir &c 

JN° URMSTONE Misson* 

I shall comply with my duty & your instructions in my next Notitia 
Parochiulis that I am preparing but have not now time to finish 



COLONIAL RECORDS. 133 



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



M r MILES GALE TO THE SECRETARY 

Hon" Sir, 

Your letters received from his Excellency the present Gov r Eden and 
my Eldest Son Chr. Gale. I sent for Son Tho : to come over and resolved 
either to go into the West Indies (as kindly invited both by the Gover- 
nor and his Eldest Brother) or write his Excuse, he has chosen to do the 
latter. The work is of that nature, as I was no hindrance to his going & 
could wish to go myself (tho' now aged 67) rather then Heathenisme, or 
any other Schism from the Church of England should prevail, 3 of my 
Sons upon their own choice have gone to Carolina, where two of y m are 
well married and one dead. I have made all the Enquiry in my power 
after some to go as Missionaries, they like the terms but dread y' voyage 
and the heat of that climate. I heartily wish & hope Religion may be 
taken care for in that Heathenish Country, by those in whose power it 
is — desiring my Service may be acceptable to y r Hon ble Soe 7 praying for 
all your healths and happiness I conclude Worthy Sir 
Yours &c. 

MILES GALE— Rect 1 

de Wighley. 



M» MOSELEY TO GEN 1 NICHOLSON 

Chowan, N. Carolina 15 th July 1714. 
The laudable designs you have constantly persued of advancing the 
Interest of the Church in America among other matters of your great 
intentions for promoting that Service Led you to bestowe of your own 
generosity the Sum of Thirty pounds to be distributed in three of the 
precincts of North Carolina which you lodged in the hands of M r 
Walker my predecessor at my intermarriage with his Widow I found 
the money had not been applied by reason of his Death soon after your 
gift tho' he had taken care to have it mentioned in the Vestry book of 
this precinct that the part belonging to it. viz. Ten pounds should be 
laid out for a piece of plate for the communion Service, mentioning the 
Donors gift and I perswaded myself the like care was taken by him in 
the other two precincts Poquimans and Pasquotank tho' I cannot learn 
there is anything appeares on their Books. 



1,34 COLONIAL RECORDS. 



I have paid Pasquotanck precinct who have misapplied the money 
contrary to your Excellencys intentions by parting with it to satisfie, 
such Engagements as the produce of our Country would have been suffi- 
cient for, viz' Some debts and howe to raise so much plate at present they 
knowe not what measure to take. 

The same steps were begun by the Pequimans, and I fear the Chowan 
Money, but I lodged it in M r Pere Dummers hands of Boston towards 
procuring Church plate where at present I find it lyes to wait Y r Excel- 
lency's further orders altho* they have constrained me to give orders for 
the removeale of the money without any apparent intentions of applying 
it to the uses you so generously proposed. For those reasons I have 
presumed to trouble your Excellency with these few lines to request you 
to give your orders to M r Dummer to send it to the precincts of Chowan 
and Pequimans in such plate as you shall please for the service of the 
church as you designed it he has my letters accompanying this to observe 
your orders for that purpose which if you do not or order I can hardly 
think the Church will be the better for so pious and charitable a gift. 
Begging your Excellency's pardon for the trouble I give you in perusing 
this Scrawl and leave to present Your Excellency my hearty Sincere 
thanks for the favours you are pleased to show me when in Company 
Quarry I waited on Your Excellency in your Government of Virginia 
I crave leave to subscribe myself &c 

EDWARD MOSELEY 



[B. P. R. O. B. T. Virginia. Vol. 13. 0. 169— Extract.] 



COL SPOTSWOOD TO LDS OF TRADE 

July the 20 th 1714 
My Lords 

Your Lordships will recieve together with the Duplicate of the Laws 
and Journals of the last Assembly the proceedings of the Council and 
proclamations since my last letter upon which I shall only give your 
Lord" 8 the trouble of one Remark that finding the Government of 
Carolina continue to make surveys within and even beyond the contra- 
verted bounds and that on their encouragement great numbers of loose 
and disorderly people daily flocked thither who would be restrained by 
no orders from trading with the Indians I proposed to that Government 



COLONIAL RECORDS. 135 



the running both the lines in dispute, and removing all persons that had 
settled between those Boundary as being seated there without any law- 
full authority : and because it would be most convenient that each Gov- 
ernment should be at the expense of running that Line next to its own 
Inhabitants, I undertook the running that Boundary next to Virginia 
which the Proprietors claimed, at the charge of this Government pro- 
vided they would be at the charge of running the other claimed by Her 
Majesty : but tho (in pursuance of the resolution of the Council in that 
matter the 30 th of March last) I have already performed my part the 
President of Carolina alledging for his excuse the expectation of a new 
Governor did not think fitt to take any measure for performing them I 
have since seen M r Eden who is appointed Governor of that Province 
and find that he has no manner of Instruction from the Proprietors con- 
cerning the Bouudarys : and as to the Proposal of marking out the 
Southern Boundary he has delayed giving me an Answer until upon 
consulting with his council he shall inform himself of the nature of 
that dispute If he should likewise refuse, I have determined to run that 
line also as soon as the woods are practicable and then to remove all the 
People seated within those contraverted bound which will be the most 
effectual way to bring that dispute to a speedy determination, it being 
now the Interest of that Government to delay it since by disposing of 
the land and receiving the Quitrents they reap the same advantage, as if 
it were actually adjudged to be their property and so unfair hath M 1 
Moseley and the other Surveyors of that Province been that tho they 
pretend no further than a "West line from the mouth of Nottoway River, 
yet upon making out that Line I find severall people seated even to the 

Northward of it who had their Lands by Carolina Patents 

****** 

My Lords 

Your Lordp' 

Most Dutifull and 
Most Obedient 

Humble Servant 

A SPOTSWOOD. 



136 COLONIAL RECORDS. 



[B. P. R. O. Plant. Gen. B. T. Vol. ix. K. 35.] 



EEPORT OF THE ATTORNEY GENERAL TO LORDS OF 

TRADE. 

22 July 1714. 

To the Right Hon" 10 the Lords C6m rs of Trade & Plantations 
May it please your Lordships 

In obedience to you Lord ps Comands signified to me by M r Popple I 
have considered of the several papers transmitted to me & herewith 
returned And your Lordships having demanded my opinion to your 
returning an Answer to the Order of the Lords of the Cofnittee of the 
Council dated the 5 th day of June last whereby your Lordships were 
desired to examine & inform yourselves how and by what Grants or 
Authorities the Plantations in America do claim the liberty & power of 
making Temporary Laws to continue in force for so short a time whereby 
her Maj. prerogative of approving or disapproving such Laws is evaded 
and to propose to that Committee what methods you shall judge most 
proper to be taken in order to the setting aside those practices so preju- 
dicial to her Maj. interest and the trade of her subjects And I do mo^t 
humbly certifie your Lordships That as to such Laws which are made in 
Her Maj. Plantations not granted in property to any Subject, the mischief 
complained of may be prevented by her Maties Instructions to her Gov- 
ernors thereof And there is already among the Instructions a copy whereof 
was sent me a full Instruction for that purpose And therefore all that I 
conceive necessary to be further done as to them is to require a due 
observance of that Instruction by her Maties Governors. 

As to Laws to be made in the Proprietary Plantations I am of opinion 
that mischief cannot be remedied there but by Act of Parliament of 
Great Britain, for that the Proprietors thereof have a right vested in 
them of the power of making Laws granted by their charters and are 
not nor can now be put under any other restraint or regulation than such 
as are contained in their respective charters but by Act of Parliament. 

All which is humbly submitted to Yo r Lord ps great wisdom 

EDW. NORTHEY 

July 22. 1714 



COLONIAL RECORDS. 137 



[From N. C Letter Book or S. P. G.] 



CO": POLLOCK TO GEN 1 NICHOLSON. 

Chowan, Aug' 3 rd 1714 
May it please your Excellency 

I received yours by Cap' Dumming with her Majesties speech to this 
parliament for which return you my humble thanks Gov r Eden arrived 
here last May all being in peace and quietness only one or two small par- 
ties of Enemy Indians that continue to do mischief on our Frontiers 
Co 11 Carey is gone for the West India's but intends to return again this 
fall. 

The Church Wardens and Vestry of the precinct of Chowan desired 
me to send the two enclosed to Your Excellency and indeed we have very 
great want not only of Schoolmasters but also of Ministers, for Albeit 
Da Urmstone hath continued among us ever since his arrival he hath had 
little encouragement yet Dr. Rainsford hath been very little time in this 
Country only about two or three months, about the time I rec d your first 
letters but hath continued all in Virginia so that he deserves nothing of 
the Society, that wished for success may attend all your noble and glo- 
rious undertakings shall be earnestly desired. 

Your Excellency's most h We Serv' 

TH° POLLOCK. 



by Mr Glover 



[From Pollock's Letter Book.] 

August 3 d 1714 



May it please your Excellency 

Yours by Capt. Dimming recieved, with her Majesty's speech to this 
Parliament, for which return you my humble and hearty thanks. Gov- 
ernor Eden arrived here last May, all being in peace and quietness, only 
one or two small parties of enemy Indians, that continue to do mischief 
on our frontiers. Col. Cary is gone for the West Indies but intends 
again this fall. 

The Church wardens and vestry for the precinct of Choan desired me 
to send the two inclosed letters to your Excellency. And indeed we 
have very great want not only of school masters but also of ministers. 
For albeit Doctor Urmstone hath continued amongst us ever since his 
arrival, albeit he hath little encouragement from the people, yet Doctor 
18 



138 COLONIAL RECORDS. 



Rainsford hath been very little time in this country only about two or 
three months about the time I recieved your first letters, but hath con- 
tinued all along in Verginia; so that he deserves nothing of the society. 
That wished for success may attend all your noble and glorious under- 
takings shall be earnestly desired by 



[Fbom N. C. Letter Book of S. P. G.] 



M r URMSTONE TO THE SECRETARY. 

North Carolina, Aug. 7 th 1714 
Sir 

During the last half year the State of Religion is much the same 
changes for the better are not easily brought about the people are daily 
more unkind — I've baptized 59 whereof two were adults — We have not 
had the Lords supper administered in public during that time I have 
some hopes of better things in many respects thro' the endeavours of an 
honest Gentleman our nowe Governor he seems resolved to promote the 
Church discipline being a strict observer thereof himself. He must expect 
to meet with many difficulties some insuperable — I wish a letter were sent 
to him, it would be of ... . use — he purposes to redress many of my 
grievances which will render life more comfortable I am sorry we are not 
like to see Co" Nicholson here — if a Bill for .£14 payable to Tho s Jones 
of Virginia be unpaid I pray it may never be paid thro' the perfidous 
dealing of my agent at London I worse than I thought for, in 

want of many things but must not draw if my Salary had been duly 
paid and invested in goods I had been one of the richest in this famous 
Colony whereas I am nowe the poorest — £30 in goods would have done 
me more good than thrice that has, being forced to give 4 or 5 hundred "ty 
cent for all what I give Bills for I have not received the Catch ms sent by 
M r Rainsford — He never disposed of gift Books valued £5 — He made 
more by his voyage & years Salary than I've done these 5 years and never 
did anything for it — a handful of Indians who would not come into the 
treaty with the rest have spilt more innocent blood than all the rest & 
we cannot cause our men to go against them nor willingly pay those that 
will, they rove from place to place cut of 2 or 3 Families today & within 
2 or 3 days do the like a hundred miles off from the former they are like 
deer — there is no finding them. We have men out after them to sue for 
peace — I am Sir &c 

JOHN URMSTONE 



COLONIAL RECORDS. 139 



[Council Journal.] 



The Hon"" 



Esq ra Ld B prop'™ Dep tjr 



North Carolina — ss 

Att a Councill holden at y e house of Maj r Jno Hecklefield in Little 
River on 10 th day of Aug' 1714 

Present the Hon ble Charles Eden Esq r Gov 1 Cap' Gen" & Adni 11 &c 
Tho 8 Pollock 
Tho s Boyd 
N Chevin 
W m Reed 
_ C Gale 

ffraneis ffoster Esq' presented to this Board a Deplacon from y e Hon b1e 
Jno Danson Esq 1 one of y e true and absolute Ld 8 prop' r3 of this province 
thereby appointing him to be his Deputy which was read approved of 
and ordered to be reccorded. 

And then y° Said ffra ffoster tooke and subscribed the severall Oathes 
appointed to be taken for his quallification and then tooke his place at y" 
board accordingly — 

Then this board adjourned untill to morrow morne 9 of the Clock. — 

Aug' 11 th this board met againe p'sent ut Supra 

Upon motion to this Board by M r Henry Clayton setting forth that 
M r Jacob Peterson late of this Governm* was possessed of a tract of 
Land at y E Sandy banks which at his Decease he bequeathed to Mary his 
then wife who since intermarryed w' h one James Coles — late of this 
province Dec'd who in his life tyme Survey'd y" same Land in his own 
name. And pray's that she y e s d Mary Coles since intermarryed w' h y e 
Said Henry Clayton) may have a Pattent for y e Same Land in her owne 
name. And Thos Harvey who is a Legatee of Halfe y" Lands of y e said 
James Coles appeared and say's that one halfe of y" said Lands belong's 
to him as part of y e Said James Coles Lands and y e mater being debated 
& heard on both sides It is y e oppinion of this board that y e right of y° 
s d Land was in y e Said James Coles and that it ought to be disposed off 
pursuant to his will — 

Upon the Petition of Cap' Nich Crisp Setting forth y' about Six or 
Seven years agon he tooke up and Survey'd Six hundred & Twenty acres 
of Land on Morratock river a Place Called Skanwankee and hath duely 
p d y" Quit rents for y e Same as well as y c purchase money to y" Lords 
prop' r receiver Gen" as by y° same Survey & rec' may appeare. And far- 



140 COLONIAL RECORDS. 



ther that upon his making applycation for a pattent for y B same Land 
he is advertised' that an ord* ispass'd in y e Councill (long since his taken 
up y" s d Land) that y 6 same is reserved for hunting Quarters for some of 
y e Tuskurora Indyans which ord r he Conceives is not well grounded in 
as much as he who has right to y° Said Land was not Called to make 
his Title thereto. And he is further advised that y" said Order is 
passed Since y a Tusks Articled w th y e Governm' to be Confined and 
bounded between y" two rivers of Pamplieough and Nuse. And that if 
y e Indyans should be permitted to have hunting Quarters on y e Said 
River of Morattock it will very much prejudice y° setleing that river 
w cb is Capable of Seating Some hundreds of familyes. And he farther 
Showeth that notwithstanding his right is so apparant to s d Land he has 
always been ready to make some reasonable Complyance to such Indyan 
or Indyans as should lay any pretenses to y° s d Land and which he is 
still ready to doe therefore prays that he may have a pattent passed for 
y e s d Land according to his purchase &c And y e matter being Consid- 
ered & it appearing to this board that y e said Crisp has actually p d y e 
purchase money for y° Same Land. 

It is ordered that soe soone as y" said Crisp shall have agreed w th - y" 
said Indyans or that y" said Land shall by any other means be freed from 
y e Indyans title the s d Crisp shall have a pattent for y e same And that in 
y e mean tyme his Title be and shall be preferable to any other title of 
any Englishman 

Upon Petition of Mary Relfe widd Setting forth .that her deed husband 
did in his life time by orde r of this, board Survey and lay out for y" 
Yawpun Indyans Ten thousand two hundred & forty acres of Land and 
pray's that y e Said Indyans may be ordered to pay her for y B Same 
amounting to Eleven pounds Eighteen Shills. And y e Said Indyans 
appeareing Confessed that they were to pay one halfe of y Charge and 
noe more. 

Whereupon it is Ordered that y° Said Indyans doe pay unto y" Said 
Mary Relfe y e Sum of five pound nineteen shills being the one halfe of 
y" Charges as afs d 

Upon Petition of Jno Hoyter on behalfe of himselfe and the rest of y" 
Chowan Indyans therein setting forth that y° Said Indyans had granted 
to them in the Administration of Gov r Arohdale for their settlem' a tract of 
Land on y" Eastern side of Bennets Creek including Meherins Neck of 
Twelve Miles Square which not being laid out according to y" directions 
of y* Order of Councill they aplv'd themselves to y" Hon bI * President 
Glover & y e Councill then being to have y'sauie laid out upon w oh it was 



COLONIAL RECORDS. 141 



ordered that a tract of six miles square within those bound should be 
laid out- for their setlem' w oh yet hath not been done and further that 
most of y said Indyans have been upon Eight Expiditions ag' the Indyan 
Enemy of this province and during the time they were in y s Countys 
Service they Suffered Considerable loss in their plantations & Stocks 
loosing Seaventy five head of hoggs a Mare & Colt their Corne destroy'd 
by horses & Cattle their fences burnt & fruit trees destroyed by all w oh 
& y e wearing out of their clothes they are reduced to very great poverty 
and pray's that their Land may be laid out according to y e intent of y° 
Grant and that they may have some allowance made for their services & 
Losses, &c and this board haveing Considered the whole matter 

It is ordered that Co 11 W m Maule doe Examine in the former Survey 
Made by Co" Moseley and Doe see whether y" same be made pursuant 
to former order of y e Councill & Whether it Conteyns y 8 Quantity & 
Make report thereof to this Board. 

Upon Petition of Mr Jno Lillington that about four years Since by 
virtue of a commission from Edw d Moseley Esq r the then Survey 1 Gen" 
he made divers surveys in y e County of Bath but had not made returnes 
thereof into y e Sec' yB Office by reason he intended to make returne of 
those w' h some others ag' y e next Octo r Gen 11 Court. And it hapning 
afterwards that y e Indyans burnt his house where his papers were by 
which he is incapable of returning those survey's therefore prays that 
he may have Leave to resurvey & returne those Survey's he had then 
made &c And y° matter being duely Considered by this Board. 

It is hereby ordered that y e Said John Lillington have power and 
authority to resurvey Such Lands as he has already survey'd & make 
returne of y" Same to y e Sec' 78 Office and that he be then Impowered to 
demand & receive his usuall ffees for y e Same — 

It is ordered by this Board that Cap* W m Vaughan be sent down to 
Sandy banks w' h nine White men more und r his Comand to wait y° Comeing 
Pagett and y" rest of y e Indyans in order to Consert Measures for agen 11 
peace pursuant to their former promises and that Twenty bush lls Indyan 
Corns be sent down w* h him for their support as also for y" support of y° 
people already there and that Cap' Vaughan doe take down w' h him 
fhsher y" Indyan from y° Poteskey' Toune 

Complaint being made to this Board by W m Bell Treasurer of the 
Precinct of Corratuck that Samuell Ballanne W m Ballanne Robert 
Smyth Andrew M°fureon Dan" M°furson all of y° afs d precinct of Cor- 
ratuck have and still doth utterly refuse to pay unto y e Said Treasurer 
their publick Levy's and other publick dues or to pay any obediance to 
rliis Govern m' 



142 COLONIAL RECORDS. 



Wherefore it is hereby ordered that y e provost Marsh 11 of y e County of 
Albemarle or his Deputy doe take them y e Said Sam 11 Ballaine W m Bal- 
laine Rob* Smyth Andrew M°furson & Dan 11 M°furson into his Custody 
and them hold till they give good Security to appeare at y° next Gen 11 
Court to Answer y e s" Contempt 

It appeareing to this Board that Co 11 Edw d Moseley hath in his Custody 
divers depositions by him taken on behalfe and by order of this Gov- 
ernmn' and other papers relateing to y e boundarys between us and Verg* 
being formerly one of y e Comissioners on behalfe of y e Lords prop trs for 
Setleing and Assertaineing the Said Boundary's and also that he y e Said 
Moseley never yett delivered to this Governm' any Coppy's of his Jour- 
nalls & proceedings in Discharge of that Commission 

Wherefore it is ordered by this board that y e Said Co 11 Edw d Moseley 
doe forthw th deliver to y e Hon We Charles Eden Esq' Gov r &c all such 
papers and depositions as he hath relateing to y" Said boundarys as afs d 
and also true copy of his Said Journ"" & proceedings in y e Executions of 
y° afs d Comission that a true state of y e mater may be knowne & this 
board be enabled to lay a true ace* thereof before y° Lds prop" 3 



[B. P. E. O. Proprieties. B. T. Vol. 30. p. 418.] 



REPORT TO THE L d8 OF THE COMMITTEE OF APPEALS 
FROM THE PLANTATIONS, IN RELATION TO TEM- 
PORARY LAWS PASSED THERE. SEP 2" d 1714 

To the Right Hon We the Lords of the Committee for Hearing Appeals 

from the Plantations. 
May it please your Lordships 

In obedience to your Lordships Order of Reference, of the 5 th of June 
last, directing Us to examine & inform Ourselves, by the best means We 
can, how and by what Grants or Authoritys the Plantations in America 
do claim the Liberty and Power of making temporary Laws for so short 
a time that the Prerogative of the Crown for approving or disapproving 
such Laws is evaded ; and to propose to your Lordships what Methods 
We may think proper for setting aside those Practises; We have con- 
sidered the same, and also had the Opinion of his Majestys Attorney 
Gen 1 therein, "Whereupon We humbly take leave to represent to your 
Lordships, 



COLONIAL EECORDS. 143 



As to the Laws to be made in the Proprietary Governments, We are 
humbly of Opinion that Mischief cannot be remedied there, but by an 
Act of Parliament of Great Britain For that the Proprietors thereof have 
a Right vested in them, of the power of making Laws granted by their 
Charters and are not, nor can now be put under any other Restraint or 
Regulation than such as are contained in their respective Charters, But 
by an Act of Parliament. 

As to Pennsylvania, We are informed, Directions were given for per- 
fecting the Agreement with M r Pen, and for preparing an Act of Parlia- 
ment, to supply his incapacity, and to alter the Method complain'd of as 
to temporary Laws; and the time limited for transmitting and approving 
Laws made there ; But during the last session of Parliament, a Bill for 
that purpose could not be settled in regard of some Differences between 
the Mortgagees and the Family of M r Pemi. 

We humbly take leave to represent that there is not any obligation by 
Charter to return the Laws made in the Proprietary Governments of 
Carolina, Connecticut and Rhode Island for the Approbation of the 
Crown, and therefore We think it necessary that an Act of Parliament 
be pass'd to oblige them to transmit their Laws and to have them sub- 
mitted to his Majesty's approbation 

All which is most humbly submitted 

Whitehall GUILFORD 

Sept r 2 nd 1714 PH. MEADOWS 

ARTH. MOORE 
JN° SHARP 
SAM 1 PYTTS. 



[Fbom N. C. Letter Book op S. P. G.] 



M r URMSTONE TO THE SECRETARY 

North Carolina Sep' 22 nd 1714 
Sir 

Since my last my hopes are blasted : We were then going to have an 
Assembly from whom thro' the Governors assistance I expected some 
redress of the many grievances I've formerly laid before the Society the 
loss of Bath county if not the whole Government is threatened, to pre- 
vent which our honest Governor was wholly bent but after near a fort- 
nights time spent to no purpose he was forced to send them home — We 



144 COLONIAL RECORDS. 



daily hear of families cut off & destroyed 'tis difficult to raise men to 
secure the frontiers but more difficult to find provisions to subsist them, 
the Northern Indians Seueeas I think they call them, are designed 
speedily to join our Enemies which if true will complete the ruin of this 
wretched Country — Our confederate Indians seeing we are not able to 
vanquish such a handful daily desert us to join them & by the unwill- 
ingness of the rest to go out with us against them according to capitula- 
tions we may too justly fear they'l break peace with us & having expe- 
rienced the cowardice of our Quakers & there adherents who like other 
sectarists never care to fight except it be against the Church & Crown 
the Indians will not dally nor trifle with us as they did at first. 

We expect to hear that famous city of Bath consisting of 9 houses or 
rather cottages once stiled the Metropolis & seat of Government will be 
totally deserted & yet I cannot find means to secure that admirable col- 
lection of Books sent in by the Rev d D r Bray for the use of the Minis- 
try of this Province but it will in all probability serve for a Bonfire to 
the Indians — these Indians who do us all this mischief were at first but 
a handful about 30 in number the remains of 3 small nations who were 
cut off & taken by the forces from South Carolina who meeting with 
little or no opposition increased daily so that now we are forced to sue to 
them for peace but fear we shall not obtain it — These are from 

Sir &c 

JNO URMSTONE Mission^ 



[From Pollock's Letter Book.] 

North Carolina October 20 th 1714 
May it please your Lordships 

had no particular comands nor instructions from the [Lords 

Proprietors Board save that by General Nicholson, now no answer 
[fro]m the Board nor your Lordship of my letters gives me occasion to 
doubt that my letters miscarried and came not to hand. Wherefore 
thought it my duty, to justify myself not to be guilty of so great a neg- 
lect. Governor Hyde deceased Sept 8 th 1712, and I "entered on the ad- 
ministration Sept 12 th ; since which time have sent two to your Lordship 
in each of which enclosed a letter to his Excellency the Palatine and rest 
of the Lords Proprietors, under a flying seal for your Lordship to 



COLONIAL RECORDS. 145 



peruse. My first letter to you dated Sept 20 th 1712 (a copy whereof 
is enclosed) I delivered myself to Baron Graffenreid, who was then 
[goin]g to Verginia; and he tolcl me that the Governor of Verginia 

took care his letters to London with his own pacquets, and that 

there was no they would come safe to your Lordships hands. 

second letters, dated April 2 d 1713' immediately after the taking great 
Indian Fort I sent into Verginia, and know they came to Baron Graf- 
fenreid who was theu in Verginia I would have sent [your Lordjship 
copies of all, but the state of affairs being much altered, and they being 
long, thought it not worth while to trouble your [Lordshijp with them. 
What reason Baron Graffenreid to conceal [or] keep up my letters, I 
know not. I took him for a man of honour and integrity, but have 
found the contrary to my great loss. 

The land I mentioned in my other enclosed to your Lordship, I re- 
served [and k]ept clear from being taken up by any other person so long 
as I had the power, expecting to have heard from your Lordship. But 
now the power being taken out of my hands, and a new General sur- 
veyor appointed, I know not how it may be. I have not been wanting, 
neither in person nor estate, to the uttermost of my power for the safety 
of Her Majesty's subjects here, and defence of this your Lordships coun- 
try; which, it hath pleased God hath not been unsuccessful, the fire of 
difference and division amongst the people being in a manner extin- 
guished, most of our Indian enemies killed, taken, submitted or fled, so 
that there is but about forty or fifty enemies left that we can here of. 
The Quakers, though very refractory and ungovernable in Mr Glovers 
and Governor Hydes administration, yet since I have concerned, must 
needs acknowledge they have been as ready (especially in supplying 
provision for the forces) as any others in the Government. If your 
Lordship think convenient to procure the Surveyor General's place for 
my son, I shall take it as an extraordinary favor; and if any ways I 
can be serviceable to your Lordship here, you shall need but to com- 
mand who most sincerely is 

Your Lordship's 

Most obedient 

Humble Serv' 



19 



146 COLONIAL RECORDS. 



[Council Journal.] 



The Hon Wes <^ 



North Carolina 

Att a Councill holden at y 6 house of Maf John Hecklefield in Little 
River on Saturday 6 th of Novem' 1714 — 

Present the Hon Me Charles Eden Esq 1 Gov' Cap' Gen u and Adm" &c 
"Tho s Boyd ~\ 

CGale^™ f Esq* Lds prop to Dep*° 

ffra ffoster J 

This Board this day haveing rec d Certain advice from the Governm' 
of Verg a of the Decease of her late Majesty Queen Anne of Blessed 
Memory did thereupon Issue out a proclamation proclaiming his Matys 
King George King of Great Brittaine ffrance & Ireland in following 
words (vizt) 

By the Hon ble the Gov r and Councill 

A PROCLAMATION 

Whereas Wee have rec d Certaine Information of the death of our late 
Sovereigne Lady Queen Anne of Blessed Memory by whose decease the 
Inperial Crownes of Greate Brittiane ffrance & Ireland are Solely and 
Rightfully Come to the High and mighty Prince George Elector of Bruns- 
wick Lunenburg — 

Wee therefore doe by this our proclamation with one full voice & Con- 
sent of Tongue and Heart Publish and proclaime that the High and 
mighty Prince George Elector of Brunswick Lunenburg is now by the 
Death of our late soveraigne of happy memory become our Lawfull and 
rightfull Leige Lord George by the grace of God King of Great Brit- 
tiane ffrance and Ireland Defend 1 of the faith &c To whome wee doe 
acknowledge all faith and Constant Obedience w th all hearty and humble 
affection Beseeching God by whome Kings and Queens doe Raign to 
bless the Royall King George w th long and happy Years to raigne over 
us. Given &c the 6 tb day of Nov r 1714. 

And then the Hon ble the Gov' & Councill above named tooke and Sub- 
scribed the Oathes of allegiance to his Majtys King George and the Sev- 
erall Oathes appointed to be taken for their Quallincation and the Hon MG 
the Gov r at the same time tooke the Oathes for the due observation of 
the Laws of Trade. 

Then Tobias Knight Sec* and Collect 1 of his Majtyes Customes of the 
district of Corratuck tooke and subscribed the severall Oathes by Law 
appointed to be taken for quallincation. 



COLONIAL RECORDS. 147 



Upon petition of the poore pallitines Showing that they were disap- 
pointed of the Lands Stock and other necessary which was to be pro- 
vided for thern and that they are reduced to great want and poverty by 
the late war and preys that they may have Liberty to take up four hun- 
dred Acres of Land for each family at the rate of Ten pounds 1$ thou- 
sand acres and that they may have two years day of paym' for y 8 same. 

Ordered that they have Liberty to take up y° Said Quantitys of Lands 
And that their Case be represented home to y° prop" 8 as well in relation 
to y e purchase as to y 8 time of paym' and that till their answ r be received 
their Lands shall not lapse for None paym' thereof 



[Council Journal.] 



North Carolina 

Att a councill holden at the house of the hon Ue Charles Eden Esq r 
Gov r Cap' Gen" & Adm 11 

ffryday 17 Dec 1714 

Present Charles Eden Gov 1 &c 
f Nath Chevin ) 
The Hon ble <^ C Gale VEsq r L ds prop ,ra Dep* 3 

( ffra ifoster j 

The Hon" 18 the Gov 1 haveing reported to this Board that Co 11 Tho s 
Boyd who was deputy to the R' Hon ble the L d Craven has resigned his 
Deputacon and that he has appointed Tobias Knight Esq 1 to be Deputy 
to the Said L d Craven in the roome and stead of the said Tho s Boyd 
untill his Ld dB p s pleasure shall be further knowne. — 

Which being approved on by this Board the said Tobias Knight tooke 
and subscribed the severall Oathes by L^w appointed to be taken for his 
quallification and then tooke his place at y e board accordingly. 

The hon We the Gov 1 haveing laid before this Board a Petition from 
divers of the Inhabitants of the precincts of Beaufort and Hyde to him 
directed thereby praying that y 8 persons appointed to keep Garrison at 
y 8 house where M r Reeding did Live might be ordered to keep y" said 
Garrison y 8 house where James McCoy lately lived as being most proper 
for y° Defence of y e Inhabitants ag" the Enemy and the board haveing 
Considered thereof. It is their humble request that y 8 Hon" 8 the Gov r 
will be pleased to give out his orders to the officers of that Garrison to 
detach such a number of the White men and Indyans as he shall think 
fitt to keep y° said Garrison at McCoys and that he will order the 
remainder to keep & support y" Said Garrison at Reading's 



148 COLONIAL RECORDS. 



[From Records of General Court.] 



North Carolina ss 

at a Gen 11 Court held for y e province afs a at the house of Cap' Jn° 

Hecklefields in Little River the last Tuesday in March Anno .Domini 

1714 

Present 

The Hon w ° John : Pettiver j E Justices> 
Antho : Hatch J ^ 
The Court is adjourned Till to Morrow : Morning Ten of y e Clocke 
Wednesday Ten of y 6 Clock the Court meett 

P'sent : Cap' Jn° Pettiver \ 

Thomas Miller VEsq rB Justices 
Antho Hatch J 

The Court is adjourned till Monday next being the 5 th of Apprill 
Monday the Court Mett accordingly 

The Court is adjourned till y" Morrow Ten of y e Clocke 
Tuseday Ten of y e Clocke the Court Meett & Satt 
p'sent The Hon ble Cap' Rich 4 Sanderson"] 

Cap' Jn° Pettiver I -p, „ T , . 

Thomas Miller f Esq™ Justices 

Antho Hatch J 

Cap* Rich d Sanderson : Esq r one of the Justices for the body of this 
Goverm 1 Tooke & Subscribed the Severall oathes by Law appointed 
together w th y" oath of a Justice and Took his place at y° board 

Richard Booth of y" p r cinct of Chowan Came into Court by Edw 4 
Moseley his attor w th out writte by Edward Mosely his attor : and confest 
Judgm' to The Hon Wa Tho 8 Poljock Esq r for y 6 Sume of: 18£ 12 s 4 d w' h 
Costs 

Ordered that the Said Rich 4 Booth : pay unto The Hon" 1 ' Tho 8 Pol- 
lock Esq* the Said Sume of 18£ 12 s 4 d w' h Cost according to specialty 
alias Ex 00 " 

Cap' Rich 4 Sanderson acknowledged a Convayance of 400 : acres of 
Land Lying in Little River to Tho s Robison 

Ordered to be Registered 

Joseph Peggs : Came into Court & proved an acco' upon oath ag' the 
Estate of Tho" Snoden Deced : for y° Sume of 2£ 7 s 4 

A Will of Richard Devenports Deced was proved in Court by the 
oath of Cap- John Pettiver who likewise Swore he Saw Joseph Green : 
Signe the Same as an Evident© thereunto 



COLONIAL RECORDS. 149 



It is Ordered that all persons bound over by Recognizence to this Court 
be and are hereby continued to the Court in Course and all Juryes Im- 
panled are thereupon Dismist from further attendance at this Court 

Co 11 Tho s Boyd Esq r Comes to pros his Suite ag' Tho 8 Collings in a 
plea of Debt and Saith the he y° Said Thomas Doth owe & Stand Justly 
Indebted to y 8 p u y° full Sume or quantity of 20 bush 11 of Indian Corne 
■$ Warr The Def ' was Called and Came not Whereupon y° p 1 ' afs a pray'd 
an ord r ag' the Marshall 

Ordered that y 6 Marshall of Albermarle County have the body of y e 
Said Thomas Collings at the next Gen 11 Court alias Judgment ag 1 the 
Marshall 

and the Marshall prayed an attachm' ag* the Estate of y e Def w° h was 
Granted 

A power of attor : from Mary Spellman to Augustine Scarbrough was 
proved in Court by the oath of M r Tho 8 passingham by vertne of w oh 
Said power the Said Augustine Scarbrough acknowledged a Convayance 
of 300 acres of land more or less lyeing the fork of y 6 Creek : known 
by the Name of Lakares Creek unto Robert Harman 

Ordered that y e Said Convayance together w th the Said Power of 
attorney be Recorded 

M r Will m Vaughan Came into Court & proved an acco' upon oath : 
ag' the Estate of M r Tho 8 Snoden Deced for y° Sume of 3; 15; 9— 

And now here at this Court Came Will m Lewis and moved that the 
Marsh" would bring forthe body of Co 11 Will m Brice according to ord r of 
y e last Court wherein haveing failed the p 1 ' moved that Judgment might 
be Confirm'd ag' the Said Marshall according to y 6 afs d order 

Ordered that y e Marshall of y" County of Bath : pay unto Will m Lewis 
the Sume of £14 : with Costs according to Specially alias Ex™ 

upon motion of Richard Smith by Dan 1 Richardson his attorney Shew- 
ing that being arrested on y" Court Day : Contrary to the Law of this 
Land by one Lewis Conner of virg" wherefore prayes the benefitt of an 
act Intitled (an act) arrests prohibitted on Certaine Dayes) w oh act being 
read and argued : on both sides : and. thoroughly Considered by the Court 
here it is oppinion of this Court that the Said arrest is Insufficient & 
Invalled and thereupon it is 

Ordered that the Said Richard Smith be Discharged from the said arrest 



Goodlatt Ex fex ag' 
Nickollson in Ejectm 1 
of Lands & Tenem'" 
in y e p'cinct of 
Pequimons in y° 
County of Albermarle j 



and the Said Def by Edw d 
Bonwicke his attor Comes and 
for plea Saith Non Cull : and 
thereupon it is ordered the 
Marshall : that he Cause to 
Come at the next Court in 



Course Twelve &° whome &c : by whonie &c : who Neither &c : 



150 COLONIAL RECORDS. 



Charles worth Glover by Edw d Moseley his attor : Comes to pros his 
Suite ag' Eman 1 Cleave late provost Marshall of y e County of Bath in a 
plea of Trespass upon the Case and Declar as ^ Warr : and the Def ' by 
Daniel Richardson his attor Conies & Saith That y e p Its accon afs d ought 
to abate for the Insufficiency & uncertainty of y° Deck filed ag' this 
Def by the p u w oh being argued & Considered by the Court here it is 
their oppinion that the Said accon ought to abate and it Doth hereby 
abate 

James Minge Excuto r &c of Mathias } , ,, ^ • i 
Giles ag' Ralph ffletcher & Jane Morgan V-p. ~, , -p,, d 
Ex rs of James Morgan Deced in Case J ' 

Moseley there attorney Comes and Saith the accon afs d ought to abate 
because no profite Con Curia in the p u Decla is Mentioned 
Ordered that the writte abate 

James Minge : Ex r &c : } and the Said Def by Edw d 
of Mathias Giles ag 4 V Moseley his attor Comes and 
W m Lacy in Case j Saith the 

p lts accon afs d ought to abate 
because no pro : lite Curia in the Decla is mentioned 
Ordered that The writte Doe abate 

Tho s Johnson assigne of "" 
Moses Reynaud Ex r &c 
of Benja: Reynaud 

Deced ag' John Mixon The accon afs d 

in Debt J ought to abate by 

reason no pro fite Con Curia in the pi' Decla is mentioned 
Ordered that The accon Doe abate 
And : then the Court adjourned to The Court in Course 

RICH" SANDERSON 
ANTHO: HATCH 



and The Said Def 
by Edw d Moseley his 
attor : Comes & Saith 



1715. 

[From the Vestry Book op St. Paul's Parish, Chowan Precinct.] 

At a Vestry met at the Church on the North Shore of the Sound in 
Chowan Jan ry y e 3 d 17 If 

It was then ordered. 

Imprimis that in the place of M< Tho s Peterson deced the Hono Me 
Charles Eden Esq' Gov' &<•. be and is hereby chosen Vestry Man and in 



COLONIAL RECORDS. 151 



the Abscence of M r Tho" Lee Coll Edward Moseley hereby is chosen 
Vestryman. 

Item Upon M r David Henderson's declaring himself a Dissenter from 
the Church, and that it is Contrary to his Conscience to act as a Vestry- 
man. He the said David Henderson is hereby dismissed from being a 
Vestryman in his place M r John Hardy be and is hereby chosen a Ves- 
tryman. 

Item that at the Request of M r Edward. Smithwick to be dismissed 
by Reason of his Age and Infirmity. He be and is hereby dismist from 
being a Vestryman and in his place Cap' Henry Bonner be and is hereby 
Chosen one of the Vestry. 

Item that M r Hardy do attend, and lay before the next Vestry his 
account of the Collection made by him for the Use of the parish by 
Order of M r Tho" Peterson deceed and M r Tho 8 Lee. the then Church 
Wardens. 

Item that Co u Moseley be allowed and paid by the present Church 
Wardens three pounds for and in Consideration of the Loss Sustained in 
plank which he provided for the Use of the Church. 

Item it is resolved by the Vestry now present, that the next Assembly 
be petitioned by Co" Moseley on behalf of the Vestry to divide this 
parish and make two parishes of it. 

Item ordered that Cap' Nich 1 Crisp be desired to demand of the widow 
Peterson and all others who have any part or parcel of the Weights and 
Scales, and Measures belonging to the Standard for the use of this parish 
and keep the same. 

Item that the Church Wardens pay to Thomas Luten Jun r Ten shil- 
lings for the Writing two Letters. 

Ordered that the Church Wardens do Collect or Cause to be collected 
the sum of two Shillings and Six pence of every Tythable person in this 
precinct. 

And that after the Comissioners for Receiving the other Debts of the 
precinct are paid the Remainder be paid to the Rev d Mr Jn° Urmston in 
part of the one hundred and ten pounds which is due to him for officiat- 
ing 'till last New Year's Day. 

Ordered that Cap' Robert West and M r Leonard Loftin be Church 
Wardens 'till next New Years Day — 

THOMAS LEUTEN JOHN PATCHER 

JOHN BLOUNT SAM 11 PATCHER 

ROB' WEST EDWARD SMITHWICK 

EDWARD MOSELEY W m DUCKENFIELD 

HENRY BONNER. 



152 COLONIAL RECORDS. 



[From N. C. Letter Book op S. P. G.] 



M r RAINSFORD TO THE SECRETARY 

Pastotank 19 th Jan y 171 [5] 
"Worthy Sir 

I rec d both your letters but that of the 18 th Decemb 1 came to hand but 
November last I am extremely concerned at the mortifying consideration 
of my disobliging the Society in the business of M r Ward & Quigley 
should I go about to lay before you the many advantages they made of 
my necessity the compass of a letter would, not be sufficient to unravel 
the several items of their extortion but I am in some measure satisfied 
with the care consideration of what pennance I inflicted on myself for 
so unwise and so unwarrantable a practice the fault I hope is not unpar- 
donable with the Society since this acknowledgement of- my guilt may 
wipe away the stains of a reproachful Crime the pure effects of my neces- 
sity durum dum necessitas, I found a true saying in the very instance 
before me, however I'm thankful to you for the kind reproof which was 
done as the apostle enjoins in the spirit of meekness and forbearance as 
to the present state of the Government the Indian differences are all com- 
posed and Peace and Quietness seems to flourish in our land. You are 
pleased to give me an account of Fifty one pounds and ten shillings due 
to me at Xmas 1713 I have drawn for the Eighty pounds Sterling some 
time since which was formerly protested in 2 forty pound Bills and should 
this meet with the same fate I cannot tell what will become of me But 
the consideration of the last Standing Ord n made by the Society relating 
to Missionaries Bills forbids me to suspect any such proceedings I have 
now drawn on the Treasurer for £12 5s S tg which Sir I hope you will 
add this one trouble more to the rest you have undergone for me of see- 
ing it paid. Protesting of Missionaries Bills, when the Salaries due to 
'em brings great scandal on the drawer and makes us little in the eyes of 
these prying animals. 

I have been five months together in Chowan Indian Town & made 
myself almost a Master of their Language & therefore upon my hearing 
of the Gov 1 of Virginia's project of settling of 4 Nations of Indians at 
the head of Meherring river, I offer'd myself as Missionary to 'em with 
the proposal of having one hundred pounds sterling yearly paid me for 
my trouble 'Tis thirty miles beyond Inhabitants, & the great good I may 
do, thro' Gods Fatherly assistance among those unenlightened creatures 
may redound to Gods great Glory and my Comfort. I have enclosed the 



COLONIAL RECORDS. 153 



Gov' of Virginia's answer to my letter and hope to meet some Encour- 
agement from the Society in relation to this affair Charles Eden our 

new Gov 1 tells me he'l acquaint the Society in this apportunity of a pas- 
sage home, of my behaviour and deportment since his arriv.al among us 
& how indefatigable I have been in that grand Concern the Care of Souls, 
so that I need say no more on this head but leave it to his report. I 
shall only add that I have brought over to the Church one Patrick Lawler 
on Bennetts Creek from a Rank violent Papist, to a Sound Orthodox 
Believer I have Baptized upwards of 40 Negroes in this and the Neigh- 
bouring Governm' in the compass of this past year Besides (w oh is almost 
an impossibility here) Christened 3 children of one Peirce a Quaker's by 
the consent of the mother tho' seemingly of that persuasion — In Nanse- 
mond County bordering on Carolina, I have sav'd upwards of 200 Souls 
from embracing Quakerism by my Preaching & conference among 'em & 
have made y° ignorance of their great Apostle Joseph Gloster in a dis- 
pute appear to whole Multitudes & yet their prejudice to our establish- 
ment is such y* I fear there is no possibility to win upon 'em — I found 
myself obig'd in conscience to continue for some time with these People, 
by reason of their lukewarmness & indifferency to our own constitution ; 
but by my constant catechising & teaching they are become tolerable pro- 
ficients in the knowledge of y 6 Gospel — This very action occasioned Mr 
Urmstone's Report of me y* I do not altogether continue in v* Govern- 
ment I was appointed to, whereas my commission from Mr. Chamber- 
layiie was to be a general Itinerant in this Colony, but if I see a Sheep 
going astray in y° wide wilderness I must not step out of my own Pas- 
ture to save it — Alas poor man ! I never sold y e Societys Books for 
butter come & eggs but made conscience of dispersing them according to 
y° true intent of y e Donors — I wish I had some small Tracts remitted 
me with Bibles & Prayer Books w cb are very much wanting here — I 
sadly want Bennetts confutation of Quakerism w oh with the rest of his 
works — Jones's translation of Lunibarck to lend about, I cou'd wish for 
some good Discourses on y" Passion w th all the Sermons preached at 
Boyles Lectures particularly Dr. Bentley's Spark on y 8 festivals, these 
if stopt out of my Salary. I have not one of y e Societies collections 
of Papers, otherwise I shou'd take my measures according to y 6 instruc- 
tions you were pleased to give me — I beseech you to pardon what is past 
& hope to meet suitable encouragement from y" Society (y e necessary 
reward of my future diligence) in all religious performances undertaken 

by S r Yours &c. 

GILES RAINSFORD 
20 Mission. 7 



154 COLONIAL RECORDS. 



[B. P. B. O. B. T. Plant. Gen. Vol. 9. k. 38.] 



M 1 SECRETARY STANHOPE TO THE COUNCIL OF 

TRADE. 

Whitehall 23. Feb ry 17 If 
My Lords & Gentlemen. 

I an commanded to transmit to you the enclosed Scheme relating to 
his Majesty's Plantations in America, and to signifie to you his Majesty's 
Pleasure, that you take the same into your consideration, & how far 
what is laid down in it may contribute to the Improvement of the said 
Plantations, & report your Opinion thereof. I am. 
My L ds & gentlemen 
y r most humble and 
most obedient servant 

JAMES STANHOPE. 



OF THE AMERICAN PLANTATIONS. 

The Brittish Plantations in America were but thin of people till the 
persecution of Dissenters in the Reign of King Charles the first, by 
which, and the Civil Wars, great numbers , were forced to settle there. 

When the Plantations had but few Inhabitants, Justice in Criminal 
Cases was administered by Marshal Law, and Cases Civil in a sumary 
way. 

On the increase of people and propriety amongst them, it was found 
necessary to establish a better method for their Government and the ad- 
ministration of Justice. To this end power was given by Letters Pat- 
ents to divide each Colony into districts with Liberty to the Inhabitants 
to elect Members to represent them in a General Assembly (in the nature 
of a house of Commons) to consent to the passing of Laws, and the 
raising of money for the publick uses. And a Council of the Inhabi- 
tants was likewise appointed to assist the Governor (the number of which 
was usually twelve) and all Laws were to pass by the concurrence of the 
Majoritys of the said Councill and Assembly, with the consent of the Gov- 
ernor. They had power likewise to erect such and so many Courts of 
Justice amongst them as they thought fit. 

Pursuant to such powers many and different Courts were established 
in the several Colonys. Which being erected by Persons not knowing 



COLONIAL RECORDS. 155 



the methods of administering Justice, and filled with Judges made of 
the Merchants Planters and others in Trade and Comerce,- and not 
learned in the Law, Justice could not be so well administered by such 
persons as if they had been more knowing, and less interested. And 
such persons only are hitherto made Judges in the Plantations. 

Courts thus erected and filled with such persons, tho' at first it might 
be necessary, has in process of time produced many gross errors partial- 
itys and delays in the administration of justice. 

Many persons have withdrawn themselves, their Estates and great 
stocks out of the Plantation Trade to prevent the wrongs which they or 
their posteritys might suffer for want of justice. Which Stocks if con- 
tinued would have much encreased, if not doubled the Plantation Trade. 

During the Reign of King Charles the second Little was done to 
amend the administration of Justice in the Plantations or for the 
Improvement and encrease of them, except some Acts of Parliament 
then passed to retain the benefit of them from forreign Nations. 

In the Reign of King William of Glorious Memory, a Council for 
Trade and Plantations was erected with very good Power and Instruc- 
tions which if they had bin well executed might have produced much 
good. 

ADVANTAGE BY THE PLANTATION TRADE 

It appears by the Inspector Generals abstract that the Importations 
from the Plantations have bin one year with another about a Million 
Sterling f! Ann : And the Exportation from England to the Plantations 
about Seven or Eight hundred thousand pounds. 

The said abstract shews that in the year begining at Christmass 1700. 
(about which time the Council of Trade was erected, the imports from 
the Plantations were 1,226,701, and the exports to them 682,414, mak- 
ing together 1,999,115. S r Josiah Child in his printed book of Trade 
affirms that the Plantations imploy two thirds of our shipping, and did 
thereby, and by taking of our manufactures give sustenance to near two 
hundred thousand persons in England. 

THE PLANTATIONS SEVERALLY CONSIDERED. 

In order to the better Government and Improvement of the Planta- 
tions, it is necessary to consider which of them are of greatest advantage, 
and which of the least, or rather which are disadvantagious to Brittain. 

By the Inspector Generals account to importations from the several 
plantations in the said year 1700 stood thus. 



156 COLONIAL EECOEDS. 



Antego. 

Barbados. 

Bermudos 

Carolina 

Jamaica 

Mont Serat 

Imported from. Nevis and \ 

S' Christophers J 

New England 

New Providence 

New York 

Pensilvania 

Virginia and 1 
Mary Land J 



£ 


s. 


d. 


87,773 


11 


2 


356,024 


6 


0i 


1,232 


6 


8 


14,058 


14 


6 


239,758 


18 


n 


42,343 


4 


6J 


88,345 


12 


9 


41,486 


9 


9 


3,704 


19 


n 


27,567 


10 


0| 


4,608 


8 


6f 


317,302 


12 


iii 



Total £1,224,206 18 



By which it appears that our Sugar and Tobacco Collonys are of great- 
est advantage, and deserve most regard. 

All our Sugar Collonys are Islands, and produce few things that Eng- 
land does, for which reason, and because they want manufactures, they 
are incapable of subsisting by themselves; and being under a necessity 
of being supplyed from abroad, it is much the interest of Brittain to 
have it done from thence. 

Virginia and Maryland are the Tobacco Collonys, their Trade being 
under some discouragements of late, they plant less Tobacco, and more 
provisions, and are improving in some manufactures. They mar be 
capable in time of subsisting without any supplys from Brittain. 

Our other Collonys on the continent of America are Carolina, Pensil- 
vania, the Jerseys, New York and New England. These vast tracts of Land, 
and several of them, especially New England are much more populous 
than the other more advantageous Collonys. They produce most of the 
same things that England does, and are capable of subsisting without 
any dependence on it. 

They supply our Sugar Collonys with provisions and some manufac- 
tures, which England formerly had the advantage of furnishiug them. 
In return for which goods they carry back Sugar and other produce of 
the sugar collonys, which is consumed in the said Plantations on the 
Continent; and thereby the benefit that such sugar and other sroods 
would bring us by their importation and exportation again in Porreigu 
Trade is likewise lost. 



COLONIAL KECORDS. 157 



OF THE PLANTATION COUETS. 

It has been observed in what manner the Courts of Justice were 
erected, and what sort of persons were made Judges in them. 

The Laws and establishments of the Courts being different in the 
severall Collonys, a particular and distinct account of each of them 
would be too long to insert here. Here follows the state of one of them 
in one of the collonys, by which and some observations thereon, the con- 
dition of the rest may be conjectured. 

In one of these Islands (not so large as some County in England) 
there are usually about one hundred and fifty Justices of the Peace. 
Nine Courts of Justice for Civil affairs, besides the Petty sessions of the 
Justices, and the Court of Grand session held two several times in the 
year for Criminall matters, or Pleas of the Crown. 

In the civil Courts there are forty four Judges, or Justices, not one of 
which learned in the Law. 

The Court of Grand Session is held by the Governor, Council, and 
the Judges and all the Justices of the Peace, if they think fit to sit there, 
but there are seldom above 60 or 70 of them at one time on the Bench. 

Thus most of the Chief persons being Judges or other Magistrates, 
there are few of note left to do Justice upon, and if they should do it 
against each other it might be retaliated upon them, and few persons can 
be prosecuted who are not dependant upon, or of Kindred to some of 
these persons. 

Such Courts produce (as might well be expected) many gross errors 
and great partialitys, especially in the most considerable Cases. Persons 
wrongfully possessed of Estates belonging to others, persons indebted and 
Merchants and factories trusted with the Estates, and consignments of 
others, and not willing to account fairly and pay their creditors, have by 
the favour of Governors bin put in these judicial places, by which they 
engage the comon interest in their defence and protection. And this 
together with difficulty in recovering debts, is the chief reason that the 
Brittish Merchants are worse used by their factors in America then in 
any other part of the world, which they proverbially attribute to the 
effect of the climate, being ignorant of the true Cause. 

It is the interest of those who inhabit the Plantations to break (if they 
can) the Laws by which they are restrained from Trading with any 
Nation but Brittain, and they do frequently break them, to our great 
prejudice, and are safe in so doing, being both partys and Judges. 



158 COLONIAL RECORDS; 



In the said Grand Court for tryal for crimes ; Murders, Fellonys, and 
other great crimes frequently escape punishment, when at the same time 
words of the least disrespect to the Governor, or other principal persons 
in the Island are severely punished. One person for some disrespectfull 
words of the Governor was fined two thousand pounds, and laid in 
Prison till he paid it. And another for disrespectfull words to one of the 
Councill was striped naked and whipped at a Carts tail through the chief 
Town, although he was then in a sad condition, one of his armes, and 
Legs being bound up in Splinters, which he had broken a few days 
before. This person had born the late Queens Commission as a Lieu- 
tenant in the Militia of that Island, and had a sufficient Estate to have 
paid any reasonable Fine, and although he did offer and earnestly pray 
the Court to inflict imprisonment, and any Fine whatsoever on him, 
rather than such an ignominious punishment, yet he could not prevail. 

Sometimes the said Justices quarrel with each other on the Bench in a 
most scandalous manner, and at one Court they shoved and justled the 
Chief Justice, and laid their hands on their Swords on the Bench, and 
were going to draw on each other, if a company of the guards had not 
immediately rushed into Court with Muskets charged and presented, with 
whose assistance one part of the Justices sent the others to prison. 

This transaction and the whipping of the aforesaid person, were com- 
plained of in England, and fully proved, and have lain before the Board 
of Trade about six years to no Purpose. 

It is usual with people in the plantations to engage in Suits at Law 
tho they are advised against it, they know the ignorance of their Courts 
and say they will try their luck for they have friends on the Bench. 
This is so great an encouragement to litigiousness that there have bin 
above nine hundred Causes in one year, depending in the aforesaid small 
Island. To the great prejudice of trade, and neglect of their Plantations. 

OF PLANTATION GOVERNORS. 

Governments have bin sometimes given as a reward for Services done to 
the Crown, and with design that such persons should thereby make their 
fortunes. But they are generally obtained by the favour of great Men 
to some 'of their dependants or relations, and they have bin sometimes 
given to persons who were oblidged to divide the profit of them with 
those by whose means they were procured. The Qualifications of such 
persons for Government being seldom considered. 

The Governor is by his Commission made Captain General, Chan- 
cellor, Chief Justice, and Admiral, which are great and different powers, 



COLONIAL RECORDS. 159 



and can never be justly executed by one person, unless he have some 
reasonable knowledge of the matters in which he is to exercise such pow- 
ers. This is seldom to be found in one man, and never was so in any 
of the said Governors. So that if a Governor should be a good man, and 
intend to do well, yet his want of knowledge in those things that most 
nearly concern the peace and happiness of the people, will make him 
subject to many and great errors, and the being misled by others ; and 
render him utterly incapable of Judging whether the inferior parts of the 
Government under him be rightly administered, or of applying fit rem- 
edys if it be not. 

Thus the people may be very much oppressed and injured, and many 
Complaints be made of them in Brittain, aud yet such a Governor may 
not be so blamable, as those who procured his being sent to execute 
powers, of which they knew he was not capable. 

A bad Governor invested with all these extraordinary powers, does 
thereupon grow haughty and insolent, he knows those who had power to 
put him in, had also power to protect him in a great measure from all 
complaints that may be made against him. He knows the great trouble 
and hazard they must run, and the great charge, vexation, loss of time 
and damage to their Estates, who are forced to take long and dangerous 
voyages to prosecute him. He knows that most of the Planters will 
rather beare any Injury than thus seek for an uncertaine redress, and that 
not one Planter in a hundred is able to beare the expence. He likewise 
is sensible that after they have proved all they can against him, the worst 
that can happen is, that after they have spent two or three years after this 
manner, he may be recalled, when the usual time of such Governments 
is almost expired. And may enjoy at quiet in Britain the fruites of his 
oppression and rapine. 

Such a Governor sells his judgments and decrees to the highest bidder, 
and all places both Civill and Millitary without any regard to the fitness 
of the persons to execute them which multiplies oppressions. He pro- 
tects the inferior Officers and others who pay him yearly pencions, in the 
neglect and breach of their duty; so that all complaints and prosecutions 
against them are in vain. He encourages and protects those who declare 
of his party against all others, in their insults, oppressions and violence. 
The greatest crimes committed by any of his party escape unpunished, 
and the smallest transgressions in the other are magnified into the greatest 
crimes. By arts and violence he forces the people to chuse such members 
for the General Assembly as he knows will consent to the raising of most 
money by taxes on the people, which is done on pretence of building, or 



160 COLONIAL RECOEDS. 



repairing forts, storing Magazines, and other publick uses of the place ; 
but really with design to get most of it for himself in a covert manner. 

These things are not aggravated, but much less said of them then might 
have bin with truth. This is apparent by the following fact, which was 
clone about eight years since. 

The person above mentioned who paid the two thousand pounds fine 
for words spoke by him against a Governor, did afterwards complain to 
the late Queen, of the said proceedings, and excessive punishment; 
whereupon he obtained an order to have the said mony returned him by 
the Governor, who had received it. 

The Governor enraged that he was ordered to part with the mony, 
resolved on a more severe revenge, and with the assistance of a person 
he used to imploy on such occasions, suborned one to swear high Treason 
against the aforesaid person, and thereupon sent him to prison, used him 
severely, and threatened to hang him in a few days, giving out, and 
making the prisoner beleive, that he had two possitive witnesses against 
him. 

The Treason he was charged with, was a Confederacy with the French 
Governor of Martinico to deliver up several Brittish Islands into the 
Hands of the French King. The prisoner (who was a weak sickly old 
man near seventy years of age) to save his life and obtain his Liberty, 
was at last forced to give the said two thousand pounds privately to the 
Governor. Whereupon lie was delivered out of prison without any trv- 
all, or being bound to appear at any Court to answer it. 

The acquitting of him in this manner, was alone a violent cause to 
presume he was not guilty of any Treason and that he had bought his 
Liberty of the Governor. 

Full proof of all this matter was afterwards exhibited to the late Queen 
and Council, and laid before the Board .of Trade. And the General As- 
sembly of the Island made a full representation thereof in the most zeal- 
ous manner, humbly praying her Majesty's protection of their Lives, 
Liberties, and Estates. 

All which produced no other effect then the paying back of fifteen 
hundred pounds of the money by the Governors agent, who had received 
it, and this was done by Composition the person grieved loosing the rest. 
And no person was punished, or any effect uall remedy advised or pro- 
posed by the Board of Trade against such wrongs for the future. 

All nations hut the Brittains have Civil Governors, or Chief Justices, 
in their Collonys, as well as Military. They rightly Judge that no per- 
son can administer Justice, but those who understand it. And till it be 
so with us, no Plantation can be governed. 



COLONIAL RECORDS. 161 



OF APPEALS AND COMPLAINTS FROM THE PLANTA- 
TIONS 

As appeals to the Prince from inferior Jurisdictions, are the rights of 
the subjects in all nations, they would contribute very much towards 
keeping Governors, and Plantation Courts in awe, if they were allowed 
from thence, as was formerly practised. 

But in the year 1689, the Governors by their Instructions were, 
directed not to suffer any appeal to be made to the King, unless the Es- 
tate, or matter contended for, did amount to the value of five hundred 
pounds. 

This Instruction covered the Governors and Courts from an Inspection 
into their conduct in all cases of a less value, thereby giving them the 
ultimate Jurisdiction in all other cases. And whereas most of the Suites 
amongst them concern Traffick and not one in fifty of so great a value 
their power was thereby made absolute in all the rest. 

This has subjected the people to many grievous wrongs, but it has 
made Governments and Judicial places worth more money when they are 
sold. 

In many cases whereby the said Instruction Governors ought to allow 
appeals, they frequently refuse them, pretending that the Land, Estate, 
or Negro Slaves sued for are not of the value of £500 tho' they are 
worth much more. Some have bin forced to come from the Plantations, 
and on Petition to King get leave to appeal, and then return to the Plan- 
tations, and come back again with their appeal, and with the papers and 
writings necessary for the prosecution of it. And thus they are forced 
to two or three long Voyages, with great hazard, expence, and loss of 
time, before they can obtain Justice. 

Where appeals have bin made against sentences and Judgments of the 
Courts, and all the proceedings and Records transmitted under the seal 
of the Plantation, it is not to be doubted but Justice has bin don, the 
whole matter appearing by such papers, and the ultimate Judgment given 
by the King in Council. 

But on Complaints of grievances, and of many great oppressions, 
which have not been done in a Judicial way, and where the proceedings 
were not of record, and consequently could not be proved so fully before 
the King, as in the aforesaid case of Appeals, the persons injured meet 
with unsupportable difficulties and have seldom bin relieved on their 
complaints. 

21 



162 COLONIAL RECORDS. 



The Complaints are commonly against Governors, who being the 
Chancellours have the keeping of the great Seal of the Colony, and will 
not suffer it to be put to any papers that may be used against them, untill 
a speciall order for that purpose can be obtained from the King. 

This forces who have cause to complain to address themselves first by 
Petition the King praying to have his Majesty's order to the Governor 
commanding Him to let them have Copys of such Records and Papers 
as they want, attested under the Broard Seal. "Which being obtained 
and carried to America, they may be able after a year or two thus spent, 
to return again to Brittain prepared to prove their grievances. 

But as it very seldom happens that such oppressions can be fully 
proved without the Depositions of Witnesses, and as there is no Law 
by which witnesses can be compelled to depose in such extrajudicial cases, 
or any power in the plantations, except the Governors themselves to take 
their Depositions and return them authentically to Brittain, if they were 
willing to be examined, for this reason it often happens that the greatest 
wrongs done there cannot be proved in Brittain. 

And where the persons oppressed can prevail with Witnesses to come 
over from the Plantations, they must bear the expence of it, and likewise 
pay them for their trouble, hazard, and loss of time, which with their 
own charges in the prosecution may amount to above a thousand pounds. 
This is what few of the Planters can bear, and several have been ruined 
by it. 

This sort of complaints are begun by Petition to King in Council, 
upon reading there, it is referred to the Board of Trade, to examine into 
the matters complained of, and report their opinion to his Majesty. As 
these Complaints are always grounded upon breaches of the Laws, Con- 
stitutions and rules of Government in force in the Plantations, of which 
no person can judge truly or make any reasonable report to the King, 
without having a perfect knowledge of the Plantations, and of then- 
Laws and Constitutions; as likewise of the Laws of Brittain, so that 
there being seldom or never hitherto any such person in the said com- 
mission, the subject of such Complaints has seldom bin truly understood 
by the Board, and consequently could not be rightly reported by them to 
the King, whereby his American subjects have failed of that Justice and 
relief they otherwise might have had. 

That Board having found it difficult to make such reports as they 
ought in such cases have kept the matters referred to them a lono- time 
under their consideration and have had severall hearings of the partys 
concerned, who have frequently been forced to attend above twelve 
Months, before they were able to get a report made to the King. 



COLONIAL RECORDS. 163 



The said Commissioners having power by their Commission to exam- 
ine Witnesses on Oath, but always refusing to exercise that power (as it 
is necessary they should) they are thereby the less able to make their 
reports with exactness and truth. The not exercising such power, has 
occasioned much Confusion, variety of opinions and different proceedings 
at that Board at several times. The Board have sometimes directed the 
partys concerned to carry their Witnesses to a Master in Chancery, and 
get the Depositions taken in writing, which they have after received as 
Evidence. At other times they have refused to receive such Depositions 
as evidence, and at the same time have admitted the examination of per- 
sons viva voce, who were not upon Oath. And at other times have 
allowed nothing to be good Evidence, but what came over from the 
Plantations under their Broad Seals. 

This uncertainty, and variety in their proceedings has often produced 
more trouble, and greater oppressions then what were at first complained 
of, and generally their reports to the King amount to little more then 
giving,their opinion, that the Complaints & proofs should be sent back 
to the Governor for his answer. 

The Governors generally delay their Answers as long as they can, and 
after their Answers are returned to Brittain, there is usually so much 
time spent in a further consideration of them, that their Governments 
expire, and they are recalled before there be a finall determination. And 
so the matter commonly ends, the persons wronged knowing they can 
have no further relief on the said complaints. 

Thus after two or three, and sometimes four or five Years excessive 
charge and trouble, and severall long Voyages from the other part of 
the World, the unhappy American Subjects are forced to bear their 
oppressions. 

OF THE COUNCIL FOR TRADE AND PLANTATIONS. 

The Board was erected about fifteen years since, as has bin before 
observed. By their commission they are directed to enquire into the 
severall obstructions of Trade, and the means of removing the same. 
And particularly to inform themselves of the condition of the respective 
Plantations, as well with regard to the Government and administration 
of Justice in those places, as the Commerce thereof. And to consider 
how the Collonys there may be eased, and secured, and rendered more 
beneficial to England. To look into Governors Instructions and see 
what is fit to be added, omitted or changed in them. To take an account 
yearly by way of Journal of the administrations of such Governments. 



164 COLONIAL RECORDS. 



To hear complaints of Oppressions, and Male Administrations from the 
Plantations. To examine into and weigh such acts as shall be passed in 
the Plantation Assemblys and to consider whether they are fit for his 
Majesty to consent to, and establish for Laws. And upon these and 
severall other heads, to make representations to his Majesty of such reg- 
ulations as are fit to be made in the Plantations. As by a copy of the 
said commission will more fully appear. 

If this power had bin always vested in Persons of Knowledge and 
Integrity, to whom the plantation affairs were well known and unani- 
mous in the design of promoting the public service only, it might have 
produced much good. But there having bin many persons att severall 
times put into that commission for different reasons than their ability, to 
discharge such a trust (as is well known) it has not hitherto produced 
such effects as might be expected from it. And it was impossible that 
Board should make a right Judgment of wrong oppressions, and Male 
Administrations, and of Acts sent from the Plantations to be passed into 
Laws, or be able to represent what regulations were fit to be made in the 
Governments, and administration of Justice unless some at that Board 
had a perfect and personal knowledge of the Nature of the Plantations, 
and of the people, as likewise of their different Laws and Constitutions. 

Many instances might be here given of many incredible things done, 
and omitted by that Board, but since the design of this is not to reflect 
on past miscarriages, but to prevent the like for the future, and since 
there is now reason to expect from his Majesty's wisdom and the Justice 
and Prudence of his Ministers that the said Councill will be in a short 
time better filled, two instances need only be now mentioned. 

They are by the said Commission directed to examine and look into 
the usuall Instructions given to Governors, and to see if any thing may 
be added, omitted or changed therein to advantage. As likewise to con- 
sider what trades are taken up and exercised in the Plantations which 
are or may be prejudicial to England. They have accordingly had the 
consideration and setling of all such Instructions, in which nevertheless 
a Clause has bin constantly incerted comanding Governors to endeavour 
and encourage the setting of Workhouses to set the poor at Work, and 
many Manufactures are made in the Collonys on the Continent of Amer- 
ica, which encrease daily, so that in time they may supply our Suo-ar 
Collonys as well as themselves with things that make a great part of our 
Brittish Trade, to our great prejudice, and contrary to the Pollicy of all 
other Nations. 



COLONIAL RECORDS. 165 



They likewise continue the aforesaid Instructions against appeals, and 
have bin so far from advising a change thereof, that about thirteen years 
since, when on the Petition of many Merchants and Planters about it, 
a Committee of the Privy Council made a report that it should be 
altered ; the then Board of Trade made an Interest to have it referred 
back to them, and on their report it has been continued. 

THE WAY TO PRESERVE AND IMPROVE THE PLANT- 
ATION TRADE. 

This may be best done by a good Council for Trade and Plantations, 
filled with persons of Integrity, and resolution, and fit for the Business 
they are imployed in. 

In order to this besides one or two Lords, which are usually in that 
Commission there might be one or two persons of note who well under- 
stand the constitution and affairs of Brittain and if they have bin Ambas- 
sadors, or Envoys abroad they may be the better qualified. Two Mer- 
chants of reputation, who have bin concerned in general Trade, and have 
given it over, are likewise necessary. And as the Plantations are to be 
the greatest part of their Province, it is necessary there should be some 
at that Board who have lived in the Plantations, and have a perfect and 
personal knowledge of them, and especially of their Laws, Customs and 
Constitutions of their severall Courts, as likewise of the Law of Brittain, 
it being impossible to understand the Laws perfectly of the Plantations 
without the other, most of the English Laws being in force in the Plan- 
tations. 

If any who have bin Plantation Governors or others who have served 
the Crown in Superior Stations in America, have done their duty and 
have behaved themselves with an unblamed Integrity, such persons might 
not only be of great service at that Board but their Imployment in that 
Commission would be a great encouragement to all others in the service 
of the Crown in America, to behave themselves well, when they have 
such a prospect of being employed after their return to Brittain. This 
alone would produce many good effects. 

But as such Commissioners if they do their Duty, may be forced to 
disoblige many Governors, and other great Men, by whom such Gov- 
ernors may be favoured and supported in Brittain, it will be absolutely 
necessary to encourage them that they be personally known to the King, 
and not removable from that Board, without some fault and his Majes- 
ties immediate knowledge. 



166 COLONIAL EECOKDS. 



Such a Council would be able to make proper observations on the State 
of the Plantations, and everything concerning them, and full representa- 
tions thereof to his Majesty from time to time. On which fit remedies 
may be applyed 

As no part of the British Dominions has been hitherto so little under- 
stood, and so much neglected, so there is more room there then in any 
other part of the Kings Dominion for the gaining much Honour to the 
administration of his Government and much good to his Subjects. 
, As a great part of his Majesties personal Revenue arises on the Plan- 
tation Trade, as well as of the publick revenue, so both these are fallen 
by the decay of the Plantation Trade, and will encrease when that is 
improved. 

There is likewise a casual revenue arising to his Majesty in all the 
Plantations, which if well managed might amount to a good sume; but 
by neglect, connivance, and fraud, it is now become so little that it is scarce 
thought of. 

His Majesty's Honour and Interests is more peculiarly concerned in 
the good Government of the Plantations, then in any other of his Brit- 
ish Dominions, for his power is greater over them, then over any other 
of his Subjects. 

All appeals from thence are determined by his Majesty in Council, and 
not by the House of Lords, as they are from the rest of his Dominions. 

His Majesty has power to repeal any of the Plantation Laws, without 
the concurrence of the Plantation Assemblys by whom they were made, 
or of any other whatsoever. Which cannot be done in the rest of his 
Dominions. 

He has power to errect any new Courts of Justice, or to change those 
already established. And in most things the will of the Sovereign has 
hitherto bin the Law of the Plantations. 

October the 18 th 1714. 



[From Pollock's Letter Book.] 

TT , n . North Carolina Febry 10 th 1715 

Hon" Sir 

Yours from Berne dated April 30 th 1714 came to hand and [am glad 
to] understand you have got safe to your own country, and I should [be] 
well satisfied, (if for your advantage and to pay if? your creditors) [you] 



COLONIAL RECORDS. 167 



could procure a new surety. But I could never have expected Baron 
Graffenreid, whom I always took to be a man of honour and honesty, 
would have proposed to me to give away the matter of 900 pounds ster- 
ling money of England for nothing. You know how readily and fully 
[I served] you ; you can not but remember your reiterated promises that 
I should be fully and honestly satisfied. And now to propose to put me 
off with [nothing?] is what I never expected from you. Your 

debt to me was 612 pounds, besides some other small debts I [paid] by 

your desire, after making up accounts : Your debt to Cap and his 

brother was fifty six pounds which makes 668 pounds, the bills being 
pro[tested] the change and reexchange at 15 per cent is 91 pounds 4 
shillings] makes with the charge in England for the protest near 770 
pounds. To [which] will be two if not three years interest due before I 

can have it of you at London, which with the other small debts 

I have paid here for [you] and trouble of taking care of what insignifi- 
cant matters you [left] here, having been forced to pay M r Graves for 
the surveying your land, and the heavy charge of a Land tax, will make 
your debt near 1000 pounds sterling money of England, of all which 
have received [but] 312 pounds in our public bills for your sloops et 
eact., which are of no use, seeing I can purchase nothing for them, but 
lie dead on my hand. And as for your goods, if you left any of any 
value, your friend Mr Mitchell, the Major, and others of your people 

had conveyed an I having got nothing, save a little iron and some 

rusty nails for .... and other small things of little value. 

You know that you purchased only 15000 acres of land of the Lords 
Proprietors, which is but 150 pounds sterling money, whereof at mill 
Creek? there is only 8500 acres surveyed ; the other 5000 acres not being 
yet taken up, which I intend to take up at White Oak River, as you 
designed. As for your two or three other small tracts, you not having 
paid the purchase to the Lords Proprietors, they were by a law made 
here, with all other lands in Bath county that had not paid the purchase, 
lost : so I was oblidged to purchase them of the Receiver General. And 
all the land, and what else is come to me of yours, is not really of the 
value of 200 pounds. And if you will pay me at London, so that I 
may be sure to have the money seven hundred pounds sterling money, 
within this twelve month, you shall have what land you purchased of 
the Lords Proprietors, you shall have the public bills I had on your 
account, and what other small matter of goods I had of yours or the 
value as they are appraised. 



168 COLONIAL RECORDS. 



[Council Journal.] 



North Carolina — ss 

Att a councill holden at the house of the Hon ble Charles Eden Esq r 
Gov 1 &c in Chowan on ffryday the 11 th day of ffeb ry 17ff 

Present The Hon blc Charles Eden Esq r Gov 1 Capt Gen" & Adm" 
Tho s Pollock 1 



Esq r Lds prop trs Dep ty8 



Na: Chevin 
The Hon* 1 - { Christo Gale 
ffra ffoster 
T Knight 

Upon Petition of Robt Sherive setting forth that one Robert Wil- 
liams formerly surveyed a tract of Land in Bath County Conteyneing 
three hundred and Twenty acres but never p d any purchase money for 
y e same nor Improved it by any ways but diserted it and since dyed 
leaveing no Heyrs in this Governm' and that y e said Sherive treated w" 
Co 11 Tho" Cary whoe was then Gov r and Receiver Gen 11 to y e Lds prop' 13 
and he assured him he might take up y" said Land w ch he did and payd 
y" purchase money therefor to him y e said Cary who delivered him a pat- 
tent for same But soe it is that on search in y e Sec ty Office he find that 
y e said pattent Came out of y" Office in y" name of y e said Williams and 
stands so recorded but was altered into y 8 said Sherives name by y° s d 
Cary therefore prays that in regard he knows nothing of y 8 Said Cary" 
unfair dealing but verily believed y e Said pattent was recorded in his 
own name and in regard that he has actually p d y 8 Consideration money 
to y 8 prop trs and done all other things necessary to his title that y° record 
may be altered & made agreeable to y" pattent. 

Ordered that y e said record be altered as prayd for y* severall alliga- 
tions in y 8 Said Petition appeareing to this board to be true. 

There haveing been this day a peace Concluded with the Cores and 
others our Enemy Indyans It is Considered & agreed upon by this board 
that y e said Indyans together w tu Pagetts men have Liberty to Setle at 
Mattemusket and the Hon ble the Gov r is hereby requested to Comission 
& Impower Some person to live w tu y 8 Said Indyans the better to Inspect 
into their behaviour and to remit accounts thereof to him as often as he 
shall be thereto required for which service he shall be allowed out of y" 
Publick 2 s 6 d f day 

Whereas report has been made to this Board that one Stephen Swet- 
nani formerly survey 'd a tract of Land on Derehams Creek in pamplico 



COLONIAL RECORDS. 169 



Conteyneing One thousand Acres and afterward Sold y" same to the 
Hon ble Willm Glover Esq r since clec'd, but that before the said Glover 
Could Prosecute his Title a pattent Issues out of y 6 Sec' 7 Office in y° said 
Swetnams name without any Privity or knowledge of y" alteration of y e 
title afs d which said pattent was afterward by the Hon blB Co" Tho s Cary 
then Gov r altered into y B Said Glover name and it appeareing to this 
Board by the Depsitions of the Said Cary & Co 11 Christo Gale as also by 
rect 3 under y e Hand of y 8 Said Cary and Swetnam that the said Glover 
actually p d y e Considerations Money for y e Same Land to y e Said Swet- 
nams and also y" purchase Money to y" Said Cary who was then y* Lord 
prop tre Receiver. 

It is ordered that y" afs d Record of y° afs d pattent be altered and made 
in y e name of Willm Glover 

Daniel Richardson Dr 

To Purchase money Reced at ,£10 ^ 1000 Acres 
To y B Quitt Rents to Mich 3 1713 At 6 B f 100 Acres 
To Purchase money Reced at £20 "§ 1000 Acres 
To y e Quitt Rents y r of to Mich 8 1713 at I s f 100 Acres 
To y e Quitt Rents to Mich 8 1713 at 2 8 f 100 Acres in 

Chowan 
To Do for purchase Lands at 6 8 f 100 Acres 
To Do in Pasquotank at 2 B f 100 Acres 
To Do for purchase Lands at 6 s f 100 Acres 
To Do in Perquimans at 2 8 "§ 100 Acres 
To Do for purchase Lands at 6 s f 100 Acres 



North Carolina ss 

Cha Eden Esq 1 Governo r Cap tn Gen 11 & Adm 11 of y" s a province 
These may certifie that on ye 14 th day of Feb^Hlf Dan 1 Richardson 

Esq r p'sonally came and appeared before me and made Oath y' y c within 

Acco* 8 were true 

In testamony whereof I have hereunto sett my hand and fixed my 

Seale oT Amies y° day and yeare above s d 



£ 


s. 


d. 


482 


19 





38 


.6 


.4 


137 


.8 





2 


.4 


1* 


206 


5 





5 


.10 


.4 


150 


.13 


7 


5 


18 





73 


2 






1 


6 


102 


7 


10* 



Feb 5, y e 14th 17f|. 

Errors 



22 



CHA EDEN 



D. RICHARDSON 



170 COLONIAL RECORDS. 



Due to y e Lds pro r By Ballance 

Excepted 
Ree r Gen" 



[Council Joubnax.] 



125 — — 

90 



Et Contra Cr ' £ s. d. 

By sallary paid the Hon We Chas Eden Esq r 1 o™ 

from y 6 13th of July 1713 at £300 $ Anffi / 
By Do paid President Pollock 131 9 11 

By Do to M r Secretary Knight from y e ) -. o^ 

day of Jan. 17j| at £40 f Ann J U 

By Do to Major Ch r Gale Chief Justice \ 

from the 1 st clay of July 1712 at £60 f Ann / 
By Do to M r Bonwick Att Gen" from y e \ 

l 8t June 1712 at 40 f ann J 

By Allowance for receiving y" Quitt Rents at \ qi i « 

Chowan at £16 f C* / 

By Do in Pasquotank at £12 f C 18 15 

By Do in Perquimons at £12 f C 7 8 

By my own allowance at £10 f! C for \ 1 .. n , 

£1102 T 10J d / nu 4 

By 8 dayes attendance on y° Assembly to ] 

get the Quitt Rents pd at Certain Convenient > 3 4 

places at 8 s ^ diem j 

By Attending Council to Get Ord rs Ab* my | 1 

Instructions j 

By 18 dayes attending y° Assembly abt 1 „ , 

the Act for sale of Lands J 

By paym' in p' of Coll" Hydes sally 1 
at £200 ^ Anno J 

By pens Ink & paper C 



25 






] 


10 


— 


932 


10 


11 


169 


16 


Hi 


102 


7 


10J 



North Carolina — ss 

Att a councill holden at y house Cap' Richard Sanderson at Little 
River on Thursday the 10'" day of Mar 17|| 

Present the Hon ble Charles Eden Esq 1 Gov 1 Cap 4 Gen" and Adm 11 
f Thos Pollock 1 



The Hon" 18 



Nath Chevin 
Chr Gale 
ffra ffoster 
T Knight 



Esq 8 Lds prop' rs Dupetys 



COLONIAL EECORDS. 171 



The Hon ble Co" Tho 3 Pollock being this day appointed Deputy to his 
Grace the Duke of Beaufort tooke and subscribed the severall Oathes by 
Law appointed to be taken for his qualification — 

Upon Petition of Richard Swinson setting forth that one Robert ffen- 
dall being lawfully Seized and possessed of a Certain parcell of Land in 
y* forke of Kendrinks Creek by entry and survey sold y e same to one 
W m Browne who Impowered one . Isaac Wilson to dispose of y e same of 
whome lie y" said Swinson bought the same for a valluable Consideration 
of Eighteen pounds six shillings as he can make appeare by ree ts for y" same 
und* y" hand of the said Wilson But so it was that y e Piatt of the afs a Land 
being in y 6 Keeping & Custody of Jno Lillington was burnt at pamplicough- 
in y e Massacre 1711 Since which one W m ffryly intending y c utter ruin 
of y e said Petition 1 (who hath allready lost most of his stock Corne & 
Moveable goods by Incursions of y e Enemy Indyans) hath entered and 
Survey'd the same Land and gives out that y e right of y c afs d Land is 
in him and that he will take out pattent for y e same in his owne name 
and further sitting forth that his great poverty and age render him inca- 
pable of subsisting if he should lose his land Such Sinister practices of 
y e said ffylye humbly prays that ye survey of y e said ffylye may be set 
aside Seeing it is of latter date then the Said Survey lost in y* massacre 
and that he may have y e liberty of surveying & pattenting the same &c 
And the said ffryly appeareing and y° matter being Debated on both side 
and duely Considered of by this Board. 

It is ordered that y* afs d survey of ffryly be sett aside and that y e Sur- 
vey 1 Gen" doe returne y 6 same in y e said Swinson name 

Upon Petition of divers of the Inhabitants on y 8 Sound side in 
Chowan precinct therein setting forth that y e Road from Docf Urmston's 
to Yawpim being Cleared out y" Sound side was very prejudicial] to 
their plantations and pray's the same may be Cleared backwards in y e 
woods, 

Ordered that the road backwards in the woods be from henceforward 
deemed and taken for y° horse road and not on y e sound side from y e s d 
M r Urmstons downe to Yawpim 

Upon Petition of the Hatterass Indyans praying Some Small reliefe 
from y e Country for their services being reduced to great poverty 

Ordered that they have 16 bushels Corne for their present supply out 
of the Publick Store. 

Ordered that King Blount have one hundred bushells of Indyan Corne 
out of the Publick Store for y° support of him and his Indyans in 
regard of their services being reduced by the Same. 



172 ' COLONIAL RECORDS. 



Upon Petition of Jn° Bernard Chenywolfe showing that one Robert 
Williams formerly surv yd a tract of Land Conteyning 190 acres in y e 
forke of Greens Creek in Nuse and soone after dyed leaving noe Heyrs 
in this Governm' but before his Death was knowne a pattent Came out 
of the Sec ty Office and Co" Tho s Cary who was then Gov 1 & Receiver 
Gen" for y" Lds prop*' haveing the s a pattent in his owne hands Sold ye 
same Land to' one Tho 8 Yates who sold the same to Chenywolfe now in 
regard the said Yates actually and Bona fide paid the Purchase Money 
and Q' Rents for y e same Land and y e pattent being altered into y e said 
Yates's Name by the said Cary he pray's that the Said Record may be 
altered agreeable with the Said Pattent which is granted 

Upon Petition of the Porteskyte Indyans showing that the Inhabitants 
of Corratuck Banks have & doe hinder y B Said Indyans from hunting 
there and threaten them to breake their guns and that they Cannot sub- 
sist without the liberty of hunting on those their usuall grounds. 

Whereupon it is hereby ordered that y e said Indyans from hencefor- 
ward have Liberty to hunt on any of the said Banks land that noe Eng- 
lishman presume to disturbe them thereon without application made to 
this Board. 

Upon Petition of George Bell setting forth that he had two serv'" 
bound to him by the precinct Court of Craven in . y 6 month of July 
17-f! namely Charles Coggdaile and George Coggdaile as by Indenture 
may appeare. And further that y° Court af sd have pretended to sett y e 
said Serv' at Liberty as he is informed by reason that they could not per- 
fectly read and write when as the time of their servitude is not half 
expired And he further claimes that during the time they were with 
him they were well used and much time allowed them to perfect them in 
their reading and writeing and that he intended to Instruct them in y" 
building of Vessells Therefore prays that in regard there is no other 
allegation made appeare ag' him they may remain w th him till y° time in 
the Indenture Specifyed be expired &c And the matter being considered 
by this board 

It is ordered that the said Charles and George Coggdaile do remain 
with their said Master pursuant to their former Ind 18 notwithstanding any 
order of the Precinct Court unless sufficient Cause be Shown to this Board 
to y° Contrary 

Upon a Caveat entered by James Blount ag' a Pattent goeing out for 
a peace of Land lately surveyed by Henry Bonnes in Mattamousket 
Creek and a motion thereon made alledging that the said survey does 
a former Survey belonging to y e said James Blount It is 



COLONIAL' RECORDS. 173 



ordered by this board that Co" Will m Maule and Co" Edward Moseley 
doe Make a tryall of both y e said Surveys and report the speciall matter 
to this board by y 6 last of July next. 

Mr. Emanuel Low prefering a petition to this board ag' Mathew Mid- 
gett therein setting forth that y" said Midgett had feloniously broke open 
his store house in the time when the Hon ble Edw a Hyde was Gov r here 
and had take thereout a quantity of Rum & Sugar &c and pray's y e Gov r 
warr' to appehend him therefore and it appearing to this board that y" 
What y* said Midgett did in that regard was done by y° authority of the 
Government and that y" Said Low has been considered & satisfied for y e 
same. Therefore It is the opinion of this board that y e Same Petition is 
altogether' Scandolous Infamous Seditious and false And therefore it is 
ordered that y" Same be & is hereby rejected as Such. 



[B. P. R. O. B. T. North Carolina. Vol. 6. p. 33.] 



LETTER TO CHA: EDEN ESQ r GOVERNOR OF NORTH 

CAROLINA. 

To Charles Eden Esq 18 
Sir, 

It having been represented to Us that an Act of Assembly was pass'd 
in Our Province of North Carolina in Nov r 1713, that all Persons who 
have taken up any Lands there, and have not paid the purchase Money 
within three Months after the Date of the said Act, otherwise any other 
Person might lawfully purchase the said Land paying the purchase 
Money to our Receiver General. 

This Law indeed seems plausible and intended for Our Service (tho' 
at the same time We think the Assembly need not have made any Law 
relating to the purchasing of Our Lands) but we are given to understand 
that a very ill Use has been made of this Law, and under Colour thereof 
several poor Persons who have lost their Husbands or Fathers, or have 
otherwise been reduced by the late War, and are consequently objects of 
Compassion have for want of the payment of their purchase Money at 
three Months end, been dispossessed and other Persons (several whereof 
are Our officers) did pay the purchase Money for the said Land with an 
Intention to sell the same at great Advantage. If this be the truth of 
the Case, there has been the greatest Oppression and fraud imaginable 



174 COLONIAL RECORDS. 



practis'd under Colour of Law, for by this means the Poor people who 
by the Calamities of the War have been render'd incapable to pay the 
purchase Money within the time limitted have lost their Lands, and the 
Rich Men by payment of the first purchase Money have got possession 
of the same to their own Advantage but to the ruin of several poor 
Widows and Orphans. 

If this appears to be the Case, We will highly resent it and censure 
such of our Officers who have been coucern'd in these ill Practices, and 
We require you strictly to examine this matter and make your Report of 
the truth thereof by the first Opportunity. 

We in the meantime are of Opinion that the Persons who are turned 
out of their Lands by the unjust Advantage that has been taken of this 
Law shou'd have their Lands restor'd to them again upon paying back 
the purchase Money with the Interest thereof within a year after your 
Receipt of this to those persons who advanc'd the same under Colour of 
that Law, and that such persons who by the War have been utterly dis- 
abled from paying the purchase Money shall be assisted by Our publick 
Money they giving Security for paying Principal and Interest to Our 
Receiver General within three years. 

And if any Difficulties shall happen to arise upon Lands having been 
transferr'd from one to another so that some parcels of those Lands ma}' 
now be in Possession of Persons who have purchas'd bona fide at consid- 
erable Rates beyond what was the Original Price of those Persons who 
procured this Law for obtaining this very Advantage, We commend this 
and all other intricacies that may arise to the Assembly, and We hope 
they will provide for the same, it being our Intention that the poor Orig- 
inal Purchasers shou'd not be defrauded. 
We are 

Your very loving friends 

CARTERET Palatin s 
M. ASHLEY 
P. COLLETON 

J. DANSON 

S' James' March 26 th 1715. 



COLONIAL RECORDS. 175 



[B. P. R. O. B. T. No. Carolina. Vol. 6. p. 31.] 



LETTER TO M r EDEN GOVERNOR OF NORTH CAROLINA. 

ToCha: Eden Esq re 
M r Eden. 

We received your Letter, Dated Sept r y fc 15 th 1714, Your opinion in 
relation to the Money Bills not being accepted in Payment for the pur- 
chasing of Lands, was just, aud we return you our thanks for your Care. 

You say, that in your Instructions, four of our Deputies are to be 
join'd with you in determining publick matters, But you desire that two 
only with your Self may be a sufficient number for that purpose We 
think that too material a point to be altered, but we are willing to give 
you all reasonable assistance in our Power, and have therefore sent you 
Blank Deputations for you to put in such Persons Names into them, as 
you shall think willing to give their Attendance, and will be most ready 
to assist you in the Administration of your Government. 

We readily comply with your request in making M r Christopher Gale, 
Our Chief Justice, and have given Our Secretary Orders to draw a Com- 
mission and prepare Instructions accordingly. 

We wish you Success in "the Treaty of Peace with the Indian Cap- 
tains, and we doubt not but your care and jmidence will bring that War 
to a happy conclusion. 

Tho' we are convinced that a re-survey of the Land in your Province 
might tend to the Advantage both of us and every Planter, yet we think 
it proper, to have that matter a little longer deferr'd, least the peace and 
quiet of the Country should by that means at present be interrupted. 

We hope that you will take care that our Receiv r General M r Rich- 
ardson, do send his Accounts to us as soon as the next General Courts 
are over; and that such Effects of Ours as are N in his hands, and are 
proper to be sent to Europe, be constantly remitted to us by all conven- 
ient Opportunities. 

We think it proper to give all due Encouragement to such persons as 
are willing to come and settle among you, and we do therefore hereby 
require you to give a Power or Liberty to any New England Men or 
others to catch Whale, Sturgeon or any other Royal Fish upon your 
Coast, during the Term of three years, they paying only two Deer Skins 



176 COLONIAL RECORDS. 



yearly to the Lords as an acknowledgment to them for the same. So we 
bid you heartily farewell and are 

Your very loving Friends 

CARTERET Palatin 
M. ASHLEY 
J. D ANSON „ 
S' James' 

March 26 th 1715. 



[Fkom North Carolina Letter Book of 8. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina April 13. 1715. 
Sir 

I've little to add or vary from w' I have formerly written, my cir- 
cumstances are little or nothing better'd. The Vestry's very averse to 
meet & with much difficulty have been prevailed to order me some 
money but then no care is taken for collecting it — The Chh : Warden of 
Pascotank Precinct was ordered to collect £30 for y e first year after my 
coming into this wretched country & hath had it in his hands these two 
years & I cannot receive it without an arrest w oh would cause clamour 
enough ; The Vestry for Chowan where I reside, last December order'd 
me £110 for y e 3 years last past, but the time is lapsed for y" collection 
this year & w ch was to serve me for a little provision I know not : I've 
nothing to buy w th & not able to raise any — If I had not with the 
utmost slavery made a little corn, we shou'd have all perished ; I've not 
a morsel of any thing save corn ; Beef or Mutton is not eatable at this 
time of y" year, nor can we expect any till August. I have been obliged 
to pay for my plantation at last or must have turned out after Improve- 
ments w ch amount to near £50—1 have drawn a Bill for £60 Stg. upon 
the Treasurer, w oh I hope he will pay in time, if money be not just due; 
The person it is payable to will stay to take it as it becomes due ; I must 
draw for £40 more in a short time, so y 1 Goods I must expect none from 
England this year & tis very hard buying necessaries here at such exor- 
bitant prices. I have often prayed for some relief, if it can be had 
towards paying for my expenses I am at, but am not so happy We are 
at Peace, thanks be to God, with the Indians & among ourselves. . I hope 
we shall have a comunion these Holy time but fear my Congregation 



COLONIAL RECORDS. 177 



will be small by reason it never was yet administered in our Chappel ; I 
intend to go all over y" next Country towards y" end of this month for 
y° first time & if I find it practicable may Visit them oftener till y' p fc 
of y Government can be better supplied. 
I am Sir, 

Your most humble Servant 

JN° URMSTONE 

Mission 17 



[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 46.] 



GOV. CRAVEN TO SEC. LORD TOWNSHEND. 

23 May 1715. 
R' Hon ble 

The Neighbouring Indians with whom we have had a long and con- 
tinued Amity, haveing for almost these two months last engaged them- 
selves in a most bloody war against this part of his Majesty's Dominions, 
I held myself obliged to give your Lordship a plain and true account of 
the present State of this Colony being well assured that it will be as 
soon as possible laid before his Majesty by your Lordship. 

I have no necessity to acquaint your Lordship, that South Carolina is 
of all the Dominions belonging to the Crown of Great Britain in North 
America, the utmost frontier haveing the Spaniard at St Augustin or 
Florida and. the French at Movill on the great River Mechassipi on the 
South and on the South West : St Augustine is not above seventy Leagues 
from our Settlements, from which place we have reason to believe Our 
Yamasee Indians who first began this warr upon us have received their 
principal incouragement to Attack us. These Yamase's being look'd 
upon by other Nations to be the most warlike, have prevailed with 
almost all the rest to become their Confederates and Allies so that we 
compute that we have at least 3000 Indians engaged against us, all of 
them till now entirely in our Interest and with whom we had a constant 
Trade and commerce. 

About the middle of Last Aprill one of the said Yamasee Indians 
gave Some Hint to a Trader or two that lived amongst them of the 
horred design they had been sometime contriving to cutt of all the Eng- 
lish and become sole Masters of their fine and flourishing Plantations, 
this astonished the poor people, and caused them to begg only so much 

23 



178 COLONIAL RECORDS. 



time as they could come to me to Charlestown and returne again, and 
they assured the Indians that any thing would be done to give them 
Satisfaction, with which they seem'd Contented. 

The two Traders made all the Dispatch, rideing night and day, to 
acquaint me with what had happened; upon which the Council was 
called, and we dispatched the Messengers to let the Indians know that 
some of our Chief men should meet them forthwith at a place appointed, 
to hear and redress their Complaints and Grievances if they had any. 
The Indians waited for the return of the Messengers, but they had not been 
with them above twelve hours, but without more adoe they were knock'd 
on the head by the Indians, with Several more white people who were 
barbarously Tortured and Murthered by them. 

The adjacent Settlements were some of them imediately destroyed by 
the Indians but most of the people escaped by wonderfull Providences ; 
this horrible and amazeing account of Several Massacres being brought 
to me from Several hands, I soon mounted a Party of Men, and with 
them together with a small number of Indians who live among us, I 
marched to attack the Yamasees before they were joyned by other Indians ; 
It pleased God to give us Success against a much more numerous Party 
of Indians, They received an unexpected Defeat from our handfull of 
men with the loss of Eleven men killed outright and twenty wounded 
on our side The Enemy having suffered very much in this Engagement, 
insomuch that haveing lost several of their chief Warriors and abundance 
of them being wounded, they flew from their Towns and Settlements and 
left their Provisions and good Plunder for our men they have not as yet 
been so hardy as to shew themselves but Keep in unaccessable Swamps 
and unapproachable fastnesses 

The Country is now very active in Fortifying Several Places, which 
may hinder the Indians from comeing lower into our Settlements, and is 
so Industriously Employed for their defence that all manner of other 
Business is laid aside, so that there will be hardly any Rice or other pro- 
vision Planted which will therefore be much wanted next vear. 

I humbly beg your Lordships pardon whilst I presume to acquaint 
you further that I take all suitable measures for the Preservation of the 
Colony besides white men (which I am sorry to say it are but few, being 
not above fifteen hundred in the whole Province and they too at great 
distances from one another and dispersed in several Forts) I have caused 
about two hundred stout negro men to be enlisted and these with a party 
of white men and Indians are marching towards the enemy : but the 
greatest discouragement I meet with is the want of arms and amunition 



COLONIAL RECORDS. 179 



for which I am now sending to New England but I am afraid they cant 
sufficiently supply us. besides I am endeavouring to bring off some of 
the Confederate Indians and make them our Friends again by presents 
and by all the most probable waies can be thought of It is great pity my 
Lord so fine and flourishing a Country should be lost for want of men 
and arms a Country so beneficial to the Crown by its trade and once so 
safe to other Colonies by reason of the vast number of Indians it was in 
alliance with I have no occasion therefore to press your Lordship to con- 
sider that if once we are driven from hence the French from Movill or 
from Canada or from old France will Certainly gett footing here if not 
prevented and then with their own Indians and with those that are now 
our Enemies they will be able to march against all or any Colony on the 
main and threaten the whole British Settlements. 

People here are under such a dreadful Consternation and Surprize 
haveing the most barbarous enemy on earth to deal with that they are 
many of them for going off but I shall take all Imaginable care to pre- 
vent this Evill and have made them somewhat easy by giving them 
assurance that his most sacred Majesty will send them a speedy and suf- 
ficient Supply of everything. 

I am persuaded your Lordship will be pleased to use your best offices 
for this Assistance and preservation of this hopefull Province, which 
without timely supplies from the Crown, will be in the utmost danger of 
being overrun by the Heathen Enemy; Your Lordship will most "cer- 
tainly lay the Calamities now befallen a distressed people to heart and 
forward every thing which may tend to their security which will infalli- 
bly receive Everlasting acknowledgments from them and from no one 
sooner than from 

May it please your Lordship 

Your Lordships 

Most obedient 

humble servant 
CHARLES CRAVEN. 

South Carolina May 23 d 1715 



180 COLONIAL RECORDS. 



[Council Journal.] 



North Carolina — ss 

At a councill held at Chowan The 25 th day of May Anno Dom 1715 
Present the Hon We Charles Eden Esq' Governor Command 1 in Chiefe 
& Adm 11 

rC°" Tho 8 Pollock 
Nath Chevin 



The Hon- < ^ ^ 



Esq™ the L ds Prop" Dep w 



^Tobias Knight 

Ordered That Cap' Benja West Cap' Jn° Palin Cap' Jn° Norton Com- 
mand" in The Hon ble ye Governo™ own Regim' do forthwith draw out 
their Companyes and declare, to them that so many as shall voluntarily 
go to South Carolina under the Command of Co 11 Theophilus Hastings 
to aide and assist that Government against their Indians now in Rebel- 
lion Each person shall immediately Receive out of y* publick Treasurie 
five pounds for and towards providing them with necessaries for their 
Expedition and from and after their Landing in South Carolina shall as 
Further Encouragment be allowed by that Government Two Shillings 
f) diem for so many days as they shall actually be in and upon that 
Service and that they shall be "brought back again hither at the publick 
Charge In Case the Necessity of affaires will not admit of y r returning 
by Land But in Case they doe returne by Land Then to be Supplied 
with Provisions from South Carolina for such their Maxell and in Case 
of any Obstinacy and Reluctancy in their the Said Cap' ns people Each 
Cap' n is Ordered to draw out Tenn able men from Each of y r Companyes 
provided they are not those who have y e most numerous familyes and to 
see them well provided with armes and amunition and to put them under 
y e said Co 11 Hastings Orders giving a Servant in every Tenn men who 
shall receive Three Shillings "$ diem 

Ordered also that Fifty men be raise and Sent to the aide of South 
Carolina under y" Command of Co" Morris Moore by Land and that they 
have y° same Encouragm' as in the above Orel' with the advance money 
of Five pounds a Head for Each private Ccntinell and Tenn pounds for 
y e Cap" 1 and Seven pounds Tenn Shillings f head for Each Subalturn 
Office 

Ordered that orders be forthwith sent to Cap 1 ' 1 Drinkwater to Com- 
mand him to keep a constant patrole between Pamplico and Nuse and 
that he assist the pacqnet from So Carolina w" 1 all provisions and other 
necessary w for their returne 



COLONIAL RECORDS. 181 



The Hon* 1 ' the Govn r is likewise requested by this Board to Write to 
y" Govern r of Virginia and acquaint him that the Govern 1 of South 
Carolina desires all persons Comeing out of that Governm' without par- 
ticular Permitts may be secured and sent back with all Expedition. 

Upon Petition of Nath Chevin Esq 1 Shewing that a tract of Land 
Containing Two hundred and seventy Two Acres at Cowhall, Survey'd 
and Patt by Richard Lewis is Laps'd for want of Seating and prays that 
the same may be Granted to himselfe. 

Ordered that y" same be Granted as praid for. 



[Council Journal.] 



North Carolina ss 

Att a council holden at y e house of Cap tn Fred Jones in Chowan June 
7 th 1715 

Present the Hon We Charles Eden Esq 1 Govern 1, Cap" 1 Gen" & Adm" 
Tho 3 Pollock 
Nath Chevin 

The Hon" 68 { ^^^ )■ Esq 1 Lds propriet 18 Dep tiei 

Fra 8 Foster 
T Knight 

Upon Petition of Robert Hicks Showing that a Tract of Land on 
Rockahock Creek is in Chowan formerly Pattented by M r James Frack- 
low is Lapsed for want of being Seated in Due time pursuant to the 
Tenor of y e Said Pattent and prayes y 8 same may be Granted to him 

Ordered that y same be Granted as pray'd for 

Upon Petition of Robert Hicks Shewing that a Tract of Land of One 
hunderd and ninty Six Acres lying at the Beaver Dams on the Indian 
Town Creek in Chowan formerly pattented by M r James Farlow is 
Lapsed for want of Being Seated in due time pursuant to y" Tenor of 
Said Pattent prayes the same may be granted to him 

Ordered that the same be granted as pray'd for 

Upon Petition of Thos Roper Shewing that Cap tn Cornelius Swillivan 
has Rece'd y e Wages of one Anthony Morrall which was due to y° said 
Morrall for his services in the Warr against the Indian Enemie and that 
the said Morrall at y° same time was an Indented Servent to the said 
Roper and therefore his said Wages was due to him and prayes whereas 
the said Swillivan has some money due to him in the publick Treasurie 



182 COLONIAL RECORDS. 



here he may have so much money of what is due to y" said Swillivan as 
y 8 said Morrells Wages Amounted to 

Ordered that if there be moneys Sufficient in the Treasurie of the 
said Swillivan as will answer y e Said Morralls Claims or so much as 
there shall appear to be the same shall be stopped or Lodged in the hands 
of Co 11 Edward Moseley Treasurer and paid to y" said Tho s Roper pro- 
vided the said Swillivan Shew no Cause to y e Contrary within one yeare 
from y' Date hereof. 

Whereas by an ord r of Council dated y e Eleventh day of Nov br 1713 
Thos Roper was Impowered to receive the sum of seven pounds Thir- 
teen Shillings out of the Claimes due to John Toby being due to him 
and it now appears to this board that Cap'" Cornelius Swillivan un d pre- 
tence of being Admin tr to said Toby has received all y" claims due to y" 
s 4 Toby 

Wherefore it is hereby Ordered that if there be any money of the said 
Swillivan in the Treasurie that the Treasurer do pay to the said Roper 
y° Above said Sum out of y e said Moneys 

Upon Petition of Cap tn Fred k Jones Showing that in a survey of One 
Thousand Nine hundred and Ninety Acres of Land laid out for him in 
Matchepungo by John Lawson Esq 1 Late survey 1, there is at Least four 
hundred acres of Land Less than his Complem' and that he hath paid 
the purchase money for that of One thousand nine hundred Ninety and 
nine Acres and therefore prayes that he may have as much Land laid 
out to him adjacent to y e said survey as will make up his said Compli- 
ment of One Thousand Nine hundred & Ninety Nine Acres as afs d 

Ordered that the Survey 1 Gen" or his Deputy do carefully survey the 
aforesaid Tract of Land and report to this Board what Certain q* there is 
contained therein and that a Caveat be entered against any pattent being 
Taken out or Survey made for one John Bright until! y* said Cap' Jones 
Land be Laid out as afs d 



North Carolina ss 

Att a Council holden at the Hon" 16 the Govern 1 house in Chowan on 
Teusday the 5 th day of July 1715 

Present the Hon Me Charles Eden Esq r Govern' Cap' Gen & Adm" 
f Nath Chevin " 

The Hon- £' Foster f E < Lds P ro P ri ^ De P ties 
[ T Knight 
The Hon" 16 The Govern' heaving Laid before this Board a Letter from 
the L ds proprieto' 3 wherein they say that Complaints have been Laid 



COLONIAL RECORDS. 183 



before their Board of Divers Wrongs Injuries & Oppressions which have 
been perpetrated and done Especially by y r Ldspp 8 Officers here under 
Collour and pretext of a Certain Act of Assembly Intitled an Act &c 
and that Divers Widdowes and Ophans have been Ruined theirby and 
Tho 8 Lee who made y e Said Complaints hath been this Day before this 
Board and examined thereon, that the Hon w * y° Govern 1 Might be the 
Better enabled to report y" Truth of y e said Complaints to their Ldpp" 
pursuant to y* Said Letter and being Interigated upon Oath whither he 
knew of any persons really Injured under Collour of that Law or any 
particular Widder & Orphan ruin'd or that had Suffered thereby or any 
Wrongs or Injuryes done by any of their Ldpp s officers either under 
Collour of that Act or in the Execution of their Officers Answered that 
he knew none 

Wherefore it plainly appears and it is the oppinion of this Board that 
the said Lee had not the least Grounds or Reasons for Such Complaints 
but that the same was most malitiously Designed to Crate misunderstand- 
ings between y" Ldp 8 and y Officers and to stirr up strife and sedition in 
the Government and to Disturbe y c Peace and Tranquillity of y" Same 

And upon Further Complyance to y r Ldps orders the Hon ble the Gov- 
ern 1 hath Issue'd out his proclamation requireing all persons that have 
any Just Grounds of Complaint on y B Said matters that they make the 
same appear to him by the third clay of the next General Assembly and 
they shall be heard. 

The a proclamacon was Issued out by this Board prohibiting the 
Exportacon of all sorts of Graine but such as shall be purchased for and 
Carryed to South Carolina. 

Then a proclamacon was Issued out by this Board warning all persons 
not to go out of this Governm' without particular permitts had from y° 
Governo* 

Forasmuch as the Hon"' 6 the Governo r hath laid before this Board a 
Letter from his Maj tie Governo r of Verginia purporting that he has 
Issued out a proclamacon Commanding all y" Magistrates in the adjacent 
Counties to this Country that they apprehend all persons that shall come 
from this Countrey in to that Government without particular permitts 
from y e Governo r for so doing and send them under the conduct an Officer 
into this Country 

Wherefore it is hereby Ordered that Tob" Knights at the horsepool 
and W m Brapwell on y e west shoare of Chowan and Tho 3 Williams And 
James Brown at Caratuck or either of them are hereby Appoynted to 
receive all Such persons that are brought in from Verginia as aforsaid 



184 COLONIAL RECORDS. 



and Deliver'd to them and that they Immediately on Receipt of Such 
persons doe Cause them to pay unto such officer or officers as Shall bring 
them in 20° Each man and carry them before the next Magistrate who 
is hereby required to Committ such person or persons to y e Custody of 
the Provost Marshall or his Dep' y imtill they shall find good and Suffi- 
cient Security for their Appearance at the next General! Court then fol- 
lowing to answ r to such matters as Shall be Objected against them 

The Secretary haveing by our Ord r liad before this Board a Report of 
y 8 Reasons on which the Government made and passed the Laps act to- 
gether with a Coppy of y" said act and the severall Orders of the Coun- 
cil passt in relation thereto. 

It is Ordered by this Board that the Secretary do draw up the same 
fairly in our names and sign it by our Order and send it home to y e L 
proprietor by the first Oppertunity , 



ds 



The Hon"- { p C .Z }■ Esq' Lds prop'" De P *- 



North Carolina ss 

Att a Council holden at the house of Cap' Sanderson July 28 th 1715 
Present the Hon We Charles Eden Esq' Gov 1 Cap' Gen" Adm 11 
f Nath Chevin 

W m Reed 
} C Gale 
[T Knight 

It is Ordered by this Board that for the better Conveniency of people 
passing and repassing thro' the Country a Good and .sufficient Ferry be 
duly kept and attended over piquimons river from M rs Annie Willsons 
to James Thickpenn's and that M rs Wilson do keep y e same and that no 
other persons presume to Ferry over any horse or men within at least 
five miles either above or below that place 

Upon Petition of Cap'" Sanderson Ordered that the Dorteskite Indians 
be Summoned to appear at the Next Council and y' in the mean while 
John Jones do forbeare to burn any Lightvvood on y° same Land 



[B. P. R. O. B. T. Virginia. Vol. 14. p. 55.1 

PROCLAMATION FOR TAKING UP PERSONS COMING 

OUT OF NORTH CAROLINA WITHOUT 

PASSPORTS 

Whereas the Governor of North Carolina hath represented to me that 
divers of the Inhabitants of that Province being apprehensive of an 



COLONIAL RECORDS. 185 



Indian War are preparing to leave the Country whereby the said Prov- 
ince and the Inhabitants that remain therein will become a more easy 
prey to their Enemies and hath thereupon desired that some effectual 
course may be taken for preventing such desertion by prohibiting the 
entertaining any such deserters within this Province I have therefore 
thought fit by and with the advice of the Council to issue this Procla- 
mation hereby requiring all Justices of the Peace, Sheriffs and other 
Officers within the Countys bordring on North Carolina that during the 
present apprehension of danger from the Indians they cause to be taken 
up all persons being Inhabitants of the said Province or of South Caro- 
lina who shall be found coming into any of the said Countys without 
a Passport from the Governor of North Carolina for the time being or 
such persons as shall be appointed by him for granting the same and the 
person or person so taken up to cause to be conveyed from Constable to 
Constable untill they be delivered to some Magistrate with the said Pro- 
vince of North Carolina, Hereby requiring all His Majesty's subjects to 
be aiding and assisting in the execution hereof as they will answer the 
Contrary at their Peril and I do appoint this proclamation to be read 
and published in all Court Houses and in all Churches and Chappells 
within the Countys aforesaid. 

Given at the Council Chamber the 15 th day of June 1715. in the first 
year of his Majestie's Reign. 

A. SPOTSWOOD. 



[From N. C. Letter Book of S. P. G.] 



M 1 URMSTONE TO THE SECRETARY 

North Carolina June 12 th 1715. 
Sir 

I was favoured with yours of Dec r 17 th f! Cap' Godfrey whom I have 
not yet seen, I believe he'll not be able to come so far up in the Country ; 
he was but 7 weeks on the passage, I fear he is come in a wrong time, 
for, we are in great confusion the cause I have already given you in two 
letters p r via Boston & Virginia, this comes by South Carolina and if 
the others failed, comes to advise that by an express, sent from thence for 
our aid, we are informed that the neighboring Indians fell on Good Fri- 
day last upon the Inhabitants, In the South parts of that Government 
24 



186 COLONIAL RECORDS. 



and cut most of them off. After the most barbarous and inhuman Mur- 
ther of some of the principal (viz') Agents & Traders ; who they pretend 
had wrong'd 'em. I wonder they should send to us, who refused to 
defend ourselves and had it not been for them, must have been a sacrifice 
to the Enemy and stand still indebted to them for their kind assistance 
in large Sums but equally unwilling to pay or return kindness. If all 
those nations be joyn'd I fear 'twill go hard with us and them too, those 
are numerous and a warlike people the English have taught them to beat 
their Masters. There have been here a Body of Strange Indians on our 
borders some say 40 or 50 but now we hear upwards of 200 They have 
pitched their Camp in that part of the Tuskaruroes Country vacated by 
the late Warr, seized on a Fort & Trenches which cost as much blood 
and not demolish (like Wise Soldiers that we are) they may annoy us but 
not to be subdued, we have a small body to go out 200 p' Tributary 
Indians 150 are bound for South Carolina and the rest to speak with 
these Indians, and I fear shall catch a Tartar they have committed some 
hostilities against our tributary Indians, and if we attack them let the 
success be what it will, Tis more than probable we shall bring 'em upon 
ourselves and when joyn'd by their followers will finish the ruin of this 
wretched place, but I must not complain either here or in England, I've 
had reason too much God Knows for't and you made the same answer in 
effect that I have often received from this Gentry : if you compare former 
letters you'l easily guess at my Circumstances. My complaints have been 
communicated to the proprietors who are highly incensed against me, and 
have represented me as a Spy to the country I live in, and now I am 
treated little better unthankful Lords, but far more ungrateful vassals 
our Quaking Lords Danson & Ray were mightily offended with a letter 
of mine to them, which they say I had better let alone except I had 
written more like a Missionary : they may and ought to be ashamed of 
their famous Country, they would have all men do as Lawson did write 
whole Volumes in praise of such a worthless place: he has had his 
reward : all I can say to it is ; there is not the like to it under the sun. 
Siberia in Muscovy are outed one by this : but if I know the Circum- 
stances or the people I am of opinion this Heptarchy cannot stand long. 
For Gods sake use your endeavors with the Society to advance one 20 
and send me credit for the same at Barbadoes or Boston. Your best way 
of sending to me is by way of New England order yours to be left with 
or under care to Jno Jekyl Esq Collector of the Customs at Boston — 
these are from Sir 

Your most humble servant 

JOHN URMSTONE 



COLONIAL RECORDS. 187 



M r URMSTONE TO THE SECRETARY. 

North Carolina June 21"' 1715. 
Sir 

Yours of December 17 th f) Cap* Godfrey I rec a 10 days ago by which 
I understand I must not expect any addition to my Salary 'tis true I am 
allowed more than most Missionaries but then it ought to be considered 
that my Lot is such a Wretched Hole as is not to be parell'd, my circum- 
stances very mean, a numerous family, obliged to buy house land servants 
and stock at the worst hand besides abundance of necessaries which every 
one must have that will live here, everything that is useful to a Farmer 
with Tools for divers trades and he that cannot use them himself must 
have others, whose demands are very exorbitant especially of me : The 
fate of most Clergymen. We pay 5 or 6 hundred p r C for- all goods 
imported 20£ ^ A nn sent in English goods yearly would have been of 
more service than my whole income, at the rate I have been forced to part 
with it, the Country will never be brought to make any provision for a 
Minister ; they have all in general imbibed a Quaker like abhorrence of 
Hirelings, as averse to be at any charge in the saving of their souls as 
their Country ; praying and fighting they equally dislike which are at 
this time like to prove pernicious tenets for we are nowe in more danger 
of being destroyed or driven out by the Heathen. I suppose you will 
have the unwelcome news 'ere this arrives of the loss of a great part if 
not all South Carolina, if all the neighboring Indians be joyned, the 
Inhabitants cannot withstand them, all endeavours have been used to send 
them some help, but fear our men will be attacked by the way, for the 
Indians are coming down upon us, have cut off some of our friendly 
Indians at Cape Fare, a small party have been seen within our Govern- 
ment so that we have too much reason to fear the worst. God knows 
what account my next may bring. I beg of you recommend us all to 
the prayers of the Society and believe me \ 

Sir 

Your unfortunate poor Fr d 

J URMSTONE 



[B. P. R. O. B. T. Proprieties. Vol. 30. p. 424.] 



To the Right Hon ble the L as 

Com rs of Trade & Plant" 8 
My Lords & Gentlemen, 

The inclosed Letter from Carolina to the R' Honourable the Lord 
Yiscount Townshend, having been laid before the King, I am ordered to 



188 COLONIAL RECORDS. 



transmit the same to you, & to signify to you His Majesty's Pleasure 
that you do forthwith enquire into the State of that Province, & under 
whose directions it is at present, & report your opinion on these points, 
as also of what you may judge may be the most proper and speedy 
Method of assisting and supplying them under their present Necessity. 
For your further Information in this matter, I herewith transmit to you 
a Letter I have received from Col : Spotswood Lieut : Governor of Vir- 
ginia; w ob being on the same Subject, I thought it might be of use to 
you touching your Inquiry in this Matter. I am 

My Lords & Gentlemen 
Your most humble & 
most obedient Servant 

JAMES STANHOPE. 
Whitehall 
July 7 th 1715. 



[B. P. K. O. B. T. Proprieties. Vol. 9. Q. 47.] 



LORDS PROP 18 OF CAROLINA TO LDS. OF TRADE 

8 July 1715. 
My Lords. 

We receiv'd Letters two days ago from Carolina, which give us an 
account of the deplorable Condition his Majes' 7 ' 8 Subjects in that prov- 
ince at present are in, by an Invasion the Indians have lately made upon 
them, who have exercised the greatest barbarities in torturing to Death 
most of the British Traders That were amongst them ; And the case 
seems to be the worse, because it does not proceed from any provocation 
given to them as we are inform'd but it is the Opinion of that Country, 
that all the Indian Nations amounting to ten thousand in number have 
combined to ruin, if they are not in time prevented, all the British Set- 
tlem' 8 on the Continent of America, to which Carolina is a Frontier. 
We the proprietors have met upon this Melancholy occasion and to our 
great Grief find that We are unable of Ourselves to afford suitable assis- 
tance in this Conjuncture, and unless his Majesty will graciously please 
to interpose by sending Men, Amies, and ammunition we can foresee 
nothing but the utter Destruction of his faithfull Subjects in those parts. 
The Hon He Charles Craven Esq re , Our Governor of South Carolina has 
behaved himself as a man of his quality ought with the utmost Bravery 



COLONIAL RECORDS. 189 



and to his Conduct it is oweing, that the Country is not already taken 
by the enemy. We would most willingly give at our Board sufficient 
Security to repay to the Government such sums of money as shall be 
expended upon this necessary occasion, if some of our members particu- 
larly his Grace the Duke of Beaufort, and the Right Hon ble the Lord 
Craven cou'd by reason of their Minority be bound Whatever assistance 
is by his Majesty's Goodness afforded, we hope may be speedily sent, We 
retain one ship on purpose to carry amies, and others shall we procure 
to go at a Days warning. We have consulted General Nicholson who 
has commanded forces against these Indians and he gives in the follow- 
ing estimate as necessary for the Defence of the Province, viz' three 
hundred barrels of powder fifteen hundred Musquets with Bayonets two 
thousand Cutlasses, forty Cohorn mortars with hand Grannadoes Co 11 
Nicholson is likewise of opinion, that it will be highly necessary, that 
all his Majesty's Subjects in the several Colonies upon the Continent be 
by proclamation prohibited to sell any Armes, ammunition &c to the 
Indians and that the French and Spanish Ministers may be desired to 
give the same Directions to their respective Colonies in those parts. All 
which is recommended to Your Lordships Wisdom, and we intreat Your 
Lord" 3 to make a Report to the Secretaries of State Or Council as soon 
as You can conveniently. 

We are My Lords 
Your Lord ps 

Most obedient 

Humble servants 

CARTERET Palatin 



JAMES BERTIE for Beaufort 
J COLLETON 



S< James's July the 8 th 1715 
Since this was wrote We 
have receiv'd from Your 
Lord 1 * a L re and shall be 
ready to attend You, on 
Monday morning next, if 
it suit with your Lord ps 
Business or any other Day 
that You shall appoint 



(Endorsed) 



190 COLONIAL RECORDS. 



[B. P. R. O. B. T. Vol. 5. New York. Bdle. 4.] 



COLONEL HEATHCOTE TO LORD TOWNSEND 

Manor of Scaesdale July y e 12 th 1715. 
My Lord 

I am sorry that what I foretold in my private letter to your Lordship 
in March past proves a truth, as that the French had for some time & 
were then with great diligence laying their designes with the help of the 
Indians, on the first breach, to cutt off & become masters of these parts 
of his Majesty's empire, & gave your Lordship my reasons for being of 
that opinion. It will be altogether needless to trouble your Lordship with 
any duplicate of that letter, because I sent the same by two several con- 
veyances & doubt not of its having come to hand. The perticular accounts 
of the Callamitys of Carolina your Lordship will undoubtedly have had 
from the Governor there, with much greater exactness then I can pretend 
to do it, but 'tis very certain that all those poor people are drove from 
their settlements into Carlestown and other fortyfied place and there starv- 
ing & in great distresse, nor have I yet heard that the Governments of 
this Continent have done anything for their relief & assistants. Besides 
the flames w oh have broke out in those parts, the fire is beginning nearer 
us ; the French haveing as I am credibly informed, enter'd our Ononda- 
goes country, with intent to build a fort there, & cutt off our trade & 
communications with the Five Nations of Indians. Had they not very 
good assurances of debauching our Indians they would not have made so 
bold an attempt. What steps are taken to prevent the mischievous conse- 
quences of it your Lordship will undoubtedly receive by this vessell, w ch , 
haveing been for sometime out of town, is unknown to me; but that 
I might not be wanting tho' at this distance to do what good I could, I 
sent Coll Hunter our Governor my thoughts by letter, of w eh the enclosed 
is copie. I have as yett received no answer from him, so don't know what 
conclusion he has drawn upon it, and the Man of War talking of sayl- 
ing this week, durst not adventure to stop this longer. If anything should 
be resolved on upon it, here and afterwards att home, what ever directions 
are given to the severall Governments, it must be done in so full a man- 
ner that they may not dare to dispute His Majesty's orders ; of w ch we 
have formerly had examples enough. For when in King William's time 
the war lay wholly on this Province & Coll. Fletcher then our Governor 
obtain'd an order from His Majesty for Virginia, Maryland, Connecticut 
& other Govern mls to send men & money for onr assistance, they all of 
'em found ways to evade it; & the French who were no strangers to our 



COLONIAL RECORDS. 191 



Constitution, were always so crafty, as not to suffer their Indians to make 
war on more than one Province or Collony at a time ; & the others were 
so besotted, as allways to sit still. For when the French for many years 
pressed our Frontiers, our neighboring Government of Connecticut, whose 
towns lay as much exposed & seemingly as much danger as ours^ being 
unmolested, they refused giving any assistance, & could patiently bear to 
see our settlement destroyed & people murthered, & when towards latter 
part of the war our Indians & those of Canada had agreed not to molest 
either of the frontiers, then the French made war on Connecticut, & we 
as kindly refused to assist them & satt quiett while their towns were cutt 
of & lay'd in ashes, & abundance of their people kill'd & tortured : & 
after this unaccountable managem' on our side, the crafty French, who 
are but a handfull in comparrison of the English, on this Continent have 
generally out done us. My Lord, did I not appprehend our danger to be 
very great, & his Majesty's subjects here on the brinke of ruine, by w° h 
meanes these vast countreys, w oh in time would become by much the most 
vallewable Jewells belonging to the British crown abroad, will be lost and 
destroy'd, & yet the designes of France are very near being ripe for our 
ruin, I would not have presumed to have been thus troublesome to your 
Lordship, for w oh I do very heartily ask pardon begging leave to assure 
your Lordship that I am with all imaginable regard. My Lord 
Your Lordships most obedient 

humble servant 

CALEB HEATHCOTE. 
The Right Hon" 10 the Lord Viscount 
Townsend His Ma tyB Principle 
Secretary of State. 



[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 48. J 



LDS. PROP rs OF CAROLINA TO LDS OF TRADE. 

15 July 1715 
My Lords * 

We received your Lordships letter last Night And in Answer to the 
several Questions therein propos'd to us by your Lord" 8 We say 

l Bt That we have given Orders to the government of South Carolina, 
immediately upon the Receipt of our Letters to imploy such goods and 
Effects as Our Receiver has in his hands (which we conceive may amount 
to near two thousand pounds) towards procuring arms and ammunition 
for the Defence of that Government 



192 COLONIAL RECORDS. 



2 d That the Assembly did send in May last to the Value of two thou- 
sand five hundred pounds to New York, New England &c for the pur- 
chasing of arms and ammunition to inable them the better to defend 
themselves against their Indians Enemies, that whatever effects, we have 
from thence lately receiv'd, shall be as soon as may be despos'd of and 
the produce thereof apply'd to the publick Use of the province. There 
is a vessel lying in the River and now ready to sail with our orders, of 
about one hundred ton Burthen and that others will be sailing in a very 
short time after 

3 rd If his Majesty shall be Graciously pleased to send his Royal Orders 
for any men from his Majesty's Garrisons in North America, We do not 
doubt, but the Government of Carolina will send ships and Provisions 
for their Transportation. 

4 th That it is humbly submitted to his Majestys great Wisdom , What 
sum of Money his Majesty will be pleased to grant for our assistance 
And great care shall be taken when the province can be resettled, that 
the same shall be repaid from the Effects and produce of the country as 
soon as may be 

5 th If the Lords who are not Minors should surrender for themselves 
that would give the King no better Title than he has already, for the 
Title of the Miners wou'd still subsist. And that in case the money 
advanced as aforesaid by his Majesty shall not in a reasonable time be 
repaid. We humbly conceive his Majesty will have an Equitable Right 
to take the Government into his immediate protection. That the Pro- 
prietors have continually supported and defended the Government when 
attack'd by the French or any other Enemy. That neither his Majesty 
nor any of his predecessors have ever been at any Charge for the sup- 
porting or defending the province of Carolina from the first grant thereof 
to the proprietors, which is about fifty years ; And the proprietors hope 
when this War is over, his Majesty will never have any further trouble, 
for any Charges or any expenses whatsoever. We are 
My Lords 

Your Lords 1 ' 3 

Most obedient and 

Most humble Servants 

CARTER Palatin 
St James's M ASHLEY 

July y" 15 th 1715. T. COLLETON 



£5'}l.M 7 171. 



(Endorsed) 



J DANSON 



COLONIAL RECORDS. 193 



[B. P. R. O. B. T. Journals. Vol. 25.] 

Whitehall. Friday July 8 th 1715. 
At a Meet* of H. M. Com rs for trade & Plant" 

Present 
M r Molesworth M r Chetwynd 

■M'Cokburne M r Cooke 

A letter from M r Sec. Stanhope of the 7 th inst. transmitting to the 
Board two letters one from M r Craven Gov r of Carolina dated 23 rd May 
last the other from Col. Spotswood Gov r of Virginia dated 27 th of same 
month relating to Hostilities committed by the Indians in Carolina was 
read together M r Craven's and Col. Spotswood's said letters ; thereupon 
a letter was immediately writ to the Lords Proprietors -of Carolina 
inclosing copies of the last mentioned letters and signifying this Board's 
desire of an opportunity to discourse with them thereupon any morning 
the next week that their Lordships shall appoint. 

July 13 th 1715. 

The Lord Carteret one of the Lords Proprietors of Carolina coming 
to the Board with M r Kettleby, M r Johnson & M r Shelton the letter 
from M r Sec 17 Stanhope of the 7 th inst. mentioned in the Minutes of the 
8 th referring to the Board two letters one from M r Craven the other from 
Col. Spotswood relating to an Insurrection and Hostilities committed by 
the Indians in Carolina was again read, thereupon the Lord Carteret 
acquainted the Board that the Lords Proprietors had petitioned his Maj. 
for some assistance towards the preservation of the said Province which 
they are unable to support of themselves, the minority of two of the 
Proprietors making it impossible to raise money by mortgaging their 
Charter that their Charter will be a virtual security for what His Maj- 
esty shall please to advance them in arms ammunition & other necessarys 
for the defence of the Province tho' it will not be so to any private per- 
sons That besides what is mentioned in the Lords Proprietors letter of 
the 8 th inst. they were informed that six small field pieces or rather some 
Harquetusess were necessary to be sent as soon as possible and his Lord- 
ship desired the Board would please to represent to his Maj. the ex- 
tremities to which the Colony is reduced and what his Maj. may fitly do 
for their present relief. 

M 1 Johnson observed that tho' Carolina is at present under Propriet rs 
it is a frontier to the Colonies under his Maj. immediate government and 
25 



194 COLONIAL EECOEDS. 



therefore he hoped his Maj. would please to send the supply of Arms &c. 

as desired 

The Board then desired my Lord Carteret would please to let them 

have in writing any further particulars he should necessary to move his 

Maj. for on this occasion 

July 14 th 1715 

M r Sec. Stanhope came to the Board who had some conference with 
him in relation to the present state of Carolina and the relief to be given 
to that Province upon the invasion and hostilities committed by the 
Indians after which the Lord Viscount Townshend coming likewise to 
the Board he acquainted them that the Lords of His Maj. Cabinet Coun- 
cil desired their attendance at his Lordship's Office, Whereupon the 
Board went accordingly & being returned a letter was immediately writ 
to the Lords Proprietors of Carolina with several Queries for their 
Answers in writing tomorrow morning and desiring their Lordships will 
please to come to the Board at the same time 

Ordered that M r Banister, M r Byrd and M r Shirrif be desired to 
attend the Board tomorrow morning 

July 15 th 1715 

The Lord Carteret and M r Asheley two of the Lords Proprietors of 
Carolina coming to the Board as desired, a letter from their Lordships 
in answer to the Queries sent them yesterday relating to the present con- 
dition of that Province and- relief to be sent them was read and their 
Lordships entering into conference thereupon the Lord Carteret was 
pleased to say in relation to the 2 ad Query, that the effects they had lately 
received from Carolina were rice and might be disposed of for about four 
hundred pounds sterling which they were willing should be applied to- 
wards paying (for the arms now proposed to be sent. That 1500 or even 
1000 musqnets cannot be immediately furnished here but by his Maj. 
office of Ordnance & if the Government think fit to give them credit on 
this occasion their said effects will be so far a security towards the pay- 
ment of them. That they are not sure of being supply'd with arms and 
ammunition from New England & New York etc. to which places the 
Assembly of Carolina have sent the value of 2500 pounds as mentioned 
in their Lordships Answer to the said 2 d Query and therefore they desire 
credit from his Maj. who will always have an equitable demand on the said 
Propriet™ and have that influence over their charter which no private per- 
son can nor for that reason will any such persons lend money upon the 
said charter His Lordship being then asked if Carolina was not already 
indebted to Virginia for assistance upon a former occasion He said it was 
but he knew not exactly how much However he did not doubt but that 



COLONIAL RECORDS. 195 



they should make Virginia amends and likewise be able after the present 
exigence to repay His Maj. and the public what should be now advanced. 
His Lordship hereupon took notice that Col. Spotswood acted prudently 
as Gov. Virginia in sending assistance formerly to Carolina it being bet- 
ter to fight an enemy at a distance than within his own Governm' As to 
provisions the Lords Proprietors were of opinion there would not be 
occasion to send any to Carolina from hence. 

In relation to the 3 rd Query it was observed to the said Proprietors 
that Transport ships to be sent from Carolina to fetch what men his Maj. 
might think fit to order for Carolina from any of the Northern Colonies 
would have too long a voyage and come too late for the intended service 
Whereupon the Lord Carteret said that the Proprietors did not desire any 
men but if the King would send some, Merchant ships might be found 
here to transport them but that the Proprietors were not able, at present to 
hire such ships themselves & therefore they pray'd credit from the gov- 
ernm' to enable them to do it — It was then desired of them to signify 
what number of men would be necessary — The Lord Carteret said about 
500 would be sufficient But the said Proprietors declaring that they 
expected the Officers who should command the men to be sent from hence 
should be subject to the directions of their Gov r of Carolina, the Board 
took notice of the difficulty that would arise at his Maj. Officers submit- 
ting to the orders of any person not in immediate commission from him 
As to the subsistence of any men to be sent to Carolina the Lords Pro- 
prietors declared they did not doubt but the Province would maintain 
them for the time they should have occasion to be there. 

In further Answer to the 4 th Query the Lords Proprietors desired 300 
barrels of powder 1500 musquets with Bayonets 40 Cohorn Mortars 
with hand Granadoes and said that the demand for the present service 
would not amount to £5000. 

And upon the 5 th Query relating to their Lordships surrendering the 
government of the said Province, they said they were willing to do it for 
an equitable consideration and not otherwise. That they thought any 
particular Proprietor surrendering his right would be to advance the 
interest of the rest That their Lordships Ancestors had been at very great 
expense in settling and improving this Colony which in customs on the 
product thereof had been of considerable benefit to this Kingdom there 
being annually produced in Carolina as the Lord Carteret informed the 
Board 3000 tons of rice one third of which is spent in the country and 
the customs on the other two thirds imported here amount to £10,000 f) 
annum or a greater profit to this Nation if the said rice be re-exported 



196 COLONIAL RECORDS. 



by the returns, fifty thousand deer skins the duties whereof are one thou- 
sand pounds besides great quantities of pitch tar and other Naval Stores 
That their Quit rents amounting to about £2000 per annum that country 
money, are applied to the payment of the Gov rs salary which is £300 per 
annum and for maintaining the other public Officers in that Governm' 
That a duty is raised in Carolina of a penny per skin exported which is 
applied to the maintenance of the Clergy there That in 1707 when Caro- 
lina was attacked by the French it cost the Province twenty thousand 
pounds and that neither His Maj. nor any of his predecessors had been 
at any charge from the first grant to defend the said Province against the 
French or other enemies. 



[B. P. R. O. B. T. Proprieties. Vol. 9. Q. 49.] 



TO THE RIGHT HON ble Y° LORDS COMMISSIONERS FOR 

TRADE 

(18 th July 1715.) 
We the underwritten the agent for Carolina and Merchants trading 
thither, beg leave humbly to represent to your Lordships the deplorable 
condition of that Colony and that unless it is speedily reliev'd it must 
inevitably perish and all his Majestys Subjects there fall a Prey to their 
barbarous Enemys. 

Most of us have great Debts and Effects there, some of us large plan- 
tations and the Loss of these wou'd be considerable ; But when we reflect 
upon the Ruine of so flourishing so hopeful a provinqe that has for many 
yeares taken off so much of our English Manufactures, and brought such 
a large Revenue to the Crown by the Dutys upon Rice, Skins, pitch Tar 
and other Naval Stores & Commoditys imported from thence, and yet 
from the first Settlement of it, not put the Crown to one penny Expence, 
When we reflect upon the loss of so many English mens Lives, Persons 
who have always behaved themselves dutifully to the Crown and never 
by any act forfeited their Right as Subjects to a protection and yet are 
now in imminent Danger of being massacred by Savages and perhaps of 
being rosted in slow Fires scalp'd stuck with Lightwood and other inex- 
pressible Tortures. When we reflect upon this general Revolt this con- 
certed Defection of the sev 1 distant Indian Nations, who never yet had 
policy enough to form themselves into Alliances, and cou'd not in all 
Probability have proceeded so far at this time had they not been incour- 



COLONIAL RECORDS. 197 



aged, directed and supply'd by the Spaniards at Fort Augustin, and 
the French at Moville, and their other Neighbouring Settlements That 
Carolina being the Frontier of all the other English Settlements upon 
the Continent, If that should miscarry all the other Collonys wou'd soon 
be involv'd in the same Ruin, and the whole English Empire, Religion 
and name be extirpated in America. 

These dreadful Considerations, My Lords, supersede our present con- 
cern for particular Losses and make us apply to your Lordships for im- 
mediate relief and Assistance against this publicise Calamity. 

According to our best and latest Advices, Our men, who at first were 
snccessfull against the Indians being at last over fatigued and harrass'd 
with their marches and counter marches in the woods have been defeated 
in two several Engagements, and the Indians have posted themselves at 
Edistow River to the Southward, and at Goose Creek to the Northward, 
in the very midst of our Settlements so that Charles Town, the only 
defencible place in the Province is in a manner block'd up and the 
Enemy in the mean time exercises a licentious Cruelty in ravaging burn- 
ing, murdering and torturing all before them. 

The Town being fortify'd may perhaps hold out some months but in 
what a miserable Condition must the poor People be, drove from their 
Plantations, imprison'd between mud Walls stifled with excessive heats, 
appress'd with Famine, sickness, the Desolation of their Country Death 
of their friends. Apprehension of their own fate, despairing of Relief, and 
destitute of any hopes to escape. They have indeed sent to New Eng- 
land to buy some arms and ammunition there of which they are in very 
great Want, and the Lords proprietors have sent Order to their Receiver 
to apply all their Effects in his hands to the use of the Publick and have 
likewise given Direction that several hundred pounds worth of Goods, 
which have been lately remitted to them here, shou'd be sold and the 
produce thereof immediately sent back towards their Assistance These 
indeed are great Instances of Generosity and Goodness in their Lordships, 
but the Enemy is above twelve thousand strong, plentifully furnished 
with arms, ammunition and provisions and assisted by the French and 
Spaniards as we have reason to apprehend and the English not above 
two thousand able to bear arms their negroes not above sixteen thousand, 
some of which might be armed in our Defence if we had any arms to 
supply them withall, But in that too there must be great Caution used, 
lest our Slaves when arm'd might become our Masters. 

See this Exigency therefore We have nothing left to do but to throw 
ourselves at his Majesty's feet on the behalf of that distressed province 



198 COLONIAL RECORDS. 



humbly praying by your Lordships. Mediation, that some men arms 
and ammunition may immediately be sent to their Rescue Immediately, 
or else it will be too late. 

What Quantity of arms and ammunition will be sufficient has already 
been laid before your Lordships in an Estimate made by Gen 1 Nicholson, 
We think some Harquebusses and Deakes shou'd be added, besides what 
the General has mentioned because according to our last accounts, there 
will be a necessity of erecting Forts near the out settlements for our 
future Security. 

There is a Ship now lying in the River call'd the Industry of one 
hundred tons Burthen, John Woddin Comander; ready to sail to Caro- 
lina, and only stays at our Request for the iffiediate transportation of 
such Arms and amunition as his Majesty will graciously please to furnish 
us withall. 

This with some new assurances of a speedy Reinforcement of men, 
may, we hope, encourage them to hold out a little longer but if this ship 
shou'd go thither in Ballast and bring them nothing more solid than 
words or promises of Assistance, We are apprehensive, Despair wou'd 
suggest to them that their Miseries tho known here, were not duly 
regarded, and that there was no Prospect of any timely Relief, and that 
their only Way was at once to desert the Province and each shift for him- 
self. What the consequences of this wou'd be to all America, we leave 
to your Lordships Consideration. 

As for the number of men we think eight hundred will be at least 
sufficient and that they need not stay there longer than eighteen months. 
In that time our out ports may be made defensible and our savage ene- 
mies pretty well reduced the Country reestablished and the Planters 
inabled to reap the fruits of their Labours and if there should be any 
farther Occasion for them we hope the Country by that time may be in a 
condition to subsist them. It will be impossible for the Country so 
impoverished at present to do anything towards paying or subsisting the 
soldiers but if they are supply'd hence with a sufficient Quantity of meal 
there can be no want of other provisions All Parts of the Country 
abounding with Plenty of the best sorts of Flesh, Fish, and Fowl. 

What Number of Ships will be sufficient to transport these soldiers 
thither we must submit to your Lordships judgment. We humbly appre- 
hend that it will be proper for his Majesty to order a Proclamation to be 
published in all the English Colonys prohibiting any Person under Pen- 
alty of Death to furnish the Indians that now are, or hereafter shall be 
at war with us with any manner of warlike Stores, Guns or Gunpowder 



COLONIAL RECORDS. 199 



My Lords nothing but the utmost Expedition can save us and besides 
the immediate Exigency of our Circumstances, this is now a proper Season 
for Voyages to those Parts We return your Lord 18 many thanks for the 
great Concern your Lordships have expressed for the sufferings of his 
Majesty's Subjects, and your hearty Inclinations to have them speedily 
relieved ; We desire your Lordships to represent these things effectually 
to his Majesty and to do what lyes in your Lord 1 " Power to have those 
Succours immediately sent which will be an act of Humanity as well as 
justice, and put all persons who have any Interest in or wish well to 
America, under the highest Obligations of Gratitude to your Lordships, 
and in a most particular manner 

Your Lordships most humble servants 
ABEL KETELBEY 
JOSEPH BOONE 
M SAMUELE BARON STEPHEN GODEN 

MICH COLE H WIGGINTON 

JOHN LLOYD RICHARD HIGGINSON 

JOHN PAYNE JAMES CRANE 

JOHN BELL DAV a GODIN 

W m WRAGG PHILL WOODWARD 

JOSEPH WRAGG DAVID GUIRARD 

EDWARD CRISP ANDRE BOW 

GEO LIVINGSTONE JOHN METCALFE 

W m NEWBURY. SAM 1 PICKERING 

ROB' JOHNSON 
AND PERCIVALL 



(Endorsed) 



g-n 18- July 1715 



[Council Journal.] 



Att a Council holden at y° Hon ble the Governo" 8 house at Sandy point 
Sep br y 6 13 tb 1715 

Present The Hon ble Charles Eden Esq 1 Gov 1 Capt Gen" & Adm 11 
( Nath Chevin "| 

The Hon"- chrifSde [ EsqI Lds P"**" Dep ' y8 
[ T Knight J 



200 COLONIAL RECORDS. 



Ordered that a proclamacon be Issued out for y e Assembly* meeting at 
Cap'" Richard Sanderson in Little Eiver instead of the Church in 
Chowan which was the place of y e last meeting 

The Governo r haveing made known to this Board that the Core 
Indians have made a Revolt and Dangerously wounded one of his Maj 463 
Subjects named Robert Shreive. It is y e Opinion of this Board that 
the said Action is a violation of the peace lately made w th y° said Indians 
and that proper measures may and ought to be taken for the Entire 
Destruction of y e Said nation of Indians as if there had never been a 
peace made with them and for the Security of Nuse river it is the further 
Opinion of this board that the Tenn Troupers with as many Indians as 
y" Governo r shall Judge necessary to be allowed for y e Garrison at Co 11 
Brices to Range upon y e Frontiers and to be in a Constant readiness 
upon any alarm y' shall be made. 

George Tompson haveing preferr'd a petition to this board setting 
forth his quallifications fitting himselfe for a Pilot of Ronoak Inlett and 
praying he may be appointed to that trust This Board haveing Exam- 
ined the said Thompson and finding him very Well acquainted with that 
Inlett and that he has Fitted himselfe with a good Boat and Two able 
young men to attend y e said Business have 

Order'd that the said George Tompson be appointed Pilot of Ronoak 
Inlett and that no person else for hire presume to Pilot any Forreign 
Vessell from y e Inlett without having first passed his Examinacon before 
this board and have a War' from y e Governo r for that purpose as they'l 
answer y" Contempt at their perrills 



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



THE SECRETARY TO MR COMMISSARY JOHNSTON. 

September 16. 1715 



Reverend Sir 

* 



I am directed to acquaint you that the Society have lately received a 
Letter from Governor Eden dated from North Carolina complaining of 
the great want of a good Missionary to officiate there,' there being but 
one Missionary Viz' M r Urmstone in all that Government 

The Society have considered thereof and being of opinion by the ac- 
count they have received from your parts that several of the Parishes in 



COLONIAL RECORDS. 201 



South Carolina where Missionaries have been sent are totally deserted and 
not likely to be soon settled again they have thought fit to order that 
you with the advice and approbation of the majority of the Missionaries 
do appoint one of your number (a single man and one who has been 
obliged to leave his Parish) forthwith to repair to and officiate as the 
Society's Missionary in North Carolina of which you will inform the 
Society by the first oppertunity ; so wishing you all a happy deliverance 
from the troubles you lye under 

I am &c 

W. T. 



[B. P. R. O. Proprieties. B. T. Vol. 10. Q. 57.] 

MEMORIAL FROM M r KETTLEBY AND SEVERAL MER- 
CHANTS TRADING TO CAROLINA RELATING TO 
SOME INDIANS TRADING GUNS PREPARING TO 
BE SENT FOR VIRGINIA, WHEREWITH THEY 
APPREHEND Y e INDIAN ENEMY 
MAY BE SUPPLY ED. 

The Right Honourable the Lords Commissioners of Trade and Planta- 
tions. 

We the Agents of Carolina and Merchants trading thither, begg leave 
to acquaint your Lordships that We have an Account of several consid- 
erable Quantities of Indian trading guns, which are bespoke and ordered 
to be got ready for Virginia 

Though we cannot in Justice and Gratitude but acknowledge the hon- 
orable Behaviour of the Governor of Virginia and his readiness to assist 
our Province Yet we have too much Reason to fear that their private 
Indian Traders will have more regard to their oato gain, than the security 
of their distressed Neighbors, or the Publick good : and will endeavour 
to make their advantages by selling arms and ammunition to our Indian 
Enemies, who according to our last accounts, begin to want a supply 
thereof. 

Whether the Governour by his own Authority, without any directions 
from his Majesty or your Lordships will or can Effectually prohibitt the 
Indian Traders from furnishing our Indian Enemies with Gunns or Gun- 
powder We cannot tell ; And therefore humbly repeat our Instances to 
your Lordships, that such proper Methods may be forthwith taken, as 
26 



202 COLONIAL RECOEDS. 



your Lordships shall think most conducive to prevent the Virginians 
and other Inhabitants on the Continent, from supplying the Indians that 
now are at warr with Carolina or may hereafter join against us with any 
Gunns Gunpowder or other warlike Stores under the Severest penalties. 
We are the more urgent upon this Head, because the safety of the 
whole Province seems in a great measure at present to depend upon it : 
We have not as yet been able to obtain any relief any arms or any men 
from England : Our last advices give us grounds to apprehend, that some 
men, which were ordered from North Carolina to our assistance, are cut 
off by the Enemy and that an Inundation of Indians will fall down upon 
the Settlements, now about the beginning of Harvest: if so, nothing can 
save us, but their want of Ammunition. 

Your Lordships zeal and Readiness for the relief of Carolina encour- 
ages us to apply to your Lordships upon this occasion not doubting but 
your Lordships will continue your good endeavours for preserving the 
Province and thereby lay new obligations 
Your Lordships 

Most obedient humble servants 

ABEL KETELBEY 
W m RHETT JUN r JOHN LLOYD 

RICHARD HIGGINSON SAMUELL BARON 
JAMES DEANE NAT 1 BRADLEY 

MICH : COLE ROB' JOHNSON 

HENRY DANREL W m WRAGG 

STEPH: GODIN JAMES KINLOCK 

JOHN STYLEMAN ANDRE BOW 

JOSEPH WREN 

(Endorsed.) 

Refd } 16th Se P tT 1715 Q 57 



[B. P. R. O. B. T. Virginia. Vol. 14. p. 54.— Extract.] 



LIEUT. GOV. SPOTSWOOD TO LORDS OF TRADE. 
24. OCTOBER 1715. 

Virginia October 24 th 1715. 
My Lords, 

***** 
* * * * * * * 

There are now two Gentlemen come as Agents from South Carolina to 
treat with this Government for a further assistance of Men; but the 



COLONIAL RECORDS. 203 



treatment those already sent have found there has entirely disabled me 
(tho' I were never so willing) to afford them further succours ; for tho' 
the chief encouragement for raising the men here, was the promise of 
that Government to send hither an equal number of slaves to work on 
their Plantations during their absence, yet not one hath been sent, nor 
any great prospect of their being sent at all, so as to do the service 
expected of them : Another condition was that, the Virginians should 
be commanded by their own Officers, and should act in one body, but 
even that also is broke, the Governor of Carolina not allowing of my 
Commissions, and disposing the men into Garrisons remote from one 
another. And in short almost every one of the Articles are violated, 
and such complaints from the men, of ill usage, in respect of the pay 
and cloathing promised them, that I am persuaded I could not find one 
man in this Colony that would ingage in that service. And as this body 
of 150. men sent to South Carolina, is the first assistance of that kind 
which I can understand has been given by any of His Majesty's Planta- 
tions here to the other^ So I am afraid the great discouragements this 
hath met with will make it the last. And it is the more ungrateful in 
the Government of Carolina to treat our men in this manner, considering 
the signal service they have done them; for while the Governor had 
drained all his Garrisons for an Expedition against some Indians to the 
North West, about 700 Indians fell upon the Southern parts of the 
Province, and destroy'd all before them, within a few miles of Charles- 
town, but the Forces sent from hence arriving just at that time, immedi- 
ately march'd, met with and defeated that Body of Indians; and 'tis to 
them that the preservation of the rest of the Country is owing : but the 
Treatment of the Virginia Forces may be easily accounted for from the 
alteration of the Carolina Affairs, which are not now under the unhappy 
sittuation they were in, when these men were raised ; for since the last 
defeat, the Indians appear no more on their Frontiers, and the Northern 
Nations ceasing their Hostilitys and suing to this Government for Peace 
'tis probable the others will soon follow their example. 

***** 
****** 

I am with all dutifull respect 
My Lords 

Your Lordships 
Most obedient 

most humble servant 

A. SPOTSWOOD. 



204 COLONIAL RECORDS. 



[Council Journal.] 



North Carolina ss. 

Att a Council holden at y e house of Cap to Richard Sanderson in Little 
River on Wensday the 23 d day of Novem br Anno Dom 1715 

Present the Hon We Charles Eden Esq r Governo 1 Cap tn Gen" & Adnr" 
Nath Chevin 



Esq 1 Lds proprieto' 8 Dep" 



W m Reed 
The Hon bles { Chr Gale 

Fra s Foster 
T. Knight 

Upon Petition of Jonathan Seares Setting forth that a Tract of Land 
Lying between Meherring River & Creek was formerly Granted by 
Pattent to Tredle Keeffe is Laps'd for want of setting in Due time and 
prays the same may be granted to him 

Ordered that the same be granted as pray'd for 

Upon Petition of Divers of the Inhabitants of Bath County praying 
a Longer time for the payment of Securityof their moneys due for the 
purchase of y r Lands It is 

Ordered that no more Laps pattents be granted out of y e Office untill 
the Twenty Fifth day of June next and that a proclamacon do Issue out 
to give Notice to y e Inhabitants of that County thereof 

The Hon We the Governo' haveing Laid before this board Some pro- 
posals agreed to between himselfe and Govern' Spotswood relating towards 
Settling the Boundaryes between both Governments It is the Opinion of 
this board that y 6 same is for y 6 Interest of this Governm' and y" Pro- 
pri rs and therefore is highly approved of and this Board doe Request the 
Govern' to signe y e same as soon as may be 

Upon Petition of y° Porteskill Indians Setting forth that they had 
Sold Some small Tracts of y' Land to M' John Jones Isaac Jones & Cap'" 
Richard Sanderson & also y° Lightwood on y° Land to Cap" 1 Sanderson 
and prays that they may have liberty To Confirm their Titles to y* same 
Land and Lightwood 

Ordered that the said Indians are hereby impowered to make good and 
sufficient Titles to y 8 aforesaid Jiahn Jones Isaac Jones and Richard San- 
derson for Such Lands and Lightwood as they have alreadie sold to them 
provided y° said Lands nor any part thereof doe come within y° Line or 
Boundaries of y" Land formerly sold by the said Indians to Coll W m 
Reed and also that they on no pretence whatsoever doe sell or dispose of 
any more of their Lands nor that any person presume to Bargain Con- 
tract or agree w" 1 the said Indians for any more Lands without Leave 



COLONIAL EECORD8. 205 



first had and obtained from, this Board for so doing and provided alwayes 
that the said Indians have free Liberty to hunt on any of the said Lands 
so sold as aforesaid without any molestacon of y° said John Jones Isaac 
Jones Cap'" Sanderson or their Heires or assignes 



[B. P. R. O. B. T. Virginia. Vol. 60,] 



JOURNAL VA COUNCIL 

1 November 1715 
For the better and more speedy determination of the dispute concern- 
ing the boundarys between this colony and North Carolina, it is the 
opinion of this Board that it be proposed to the Governor of North 
Carolina to agree that from the mouth of Carratuck River or Inlet and 
setting the compass on the North shore thereof, a due west line be run 
and fairly marked, and if it happen to cut Chowan river between the 
mouth of Nottoway river and Wiccon Creek, then the same direct course 
shall be continued towards the mountains, and be ever deemed the divid- 
ing line between Virginia and Carolina, but if the said West line cutts 
Chowan River to the Southward of Wiccon, then from that point of In- 
tersection, the bounds shall be continued up the middle of Chowan River 
to the entrance of the said Creek, and from thence a due west line shall divide 
the two Governments ; as on the other hand, if the said West line cutts 
Black water River to the Northward of Nottoway, the bounds shall be 
continued down the middle of Blackwater, to the middle of the entrance 
of Nottoway River, and from thence the line to be run due West for the 
dividing bounds between the two Governm* 8 That if the said due West 
line shall pass thro' Islands or small strips of Land which might more 
conveniently be included in the one Province or the other by natural 
water bounds, the Commissioners of both sides shall have power to set- 
tle natural bounds and that all such variations from the West line be 
particularly noted in the Maps of the said Bounds to be put upon the 
Records of both Governments. 



206 COLONIAL RECORDS. 



[Laws of North Carolina, MSS. Revisal 1715, Chapter 3.] 



AN ACT TO ENCOURAGE THE BUILDING OF MILLS. 

Be it enacted by his Excellency the Pallatine and the rest of the true 
and absolute Lords Proprietors of Carolina by and with the advice and 
consent of the rest of the Members of the General Assembly now met 
at Little River for the N° East part of the s a Province And it is hereby 
enacted that if any person or persons shall be desirous to build a Grist 
Mill, either Wind Mill or Water Mill, within this Governm* it shall be 
lawful for the Surveyor General or his Dep' 7 by a warrant from the 
Precinct Court to lay out for such person or persons so desiring to build 
a mill two acres of land for a Water Mill and half an acre for a Wind 
Mill in such manner as for that use shall be most convenient upon or 
out of any man's land which said land shall be appraised by four honest 
men of the neighborhood appointed by the Precinct Court who shall 
make a true return of their appraisement upon oath to the same Precinct 
Court and the owner of the said land for the consideration money by the 
said Appraisers appointed shall be bound to make a conveyance of the 
same land to him or them that build such Mill or Mills their heirs or 
assigns with liberty of egress and regress to and from the same under 
this condicon and express limitation and provision that such person or 
persons to whom the said lands shall be conveyed do erect build and 
finish on the land so conveyed a substantial working Mill within the 
term of two years after the date of the conveyance to be void and of 
none effect. 

Provided always that the Court shall first give the owner of the land 
notice of the mocon of any person tp build a mill on his land and if the 
owner will give security to build a substantial working Mill on any part 
of his land then the mocon of such person or persons to be rejected. 
And also provided that in the laying out the aforemenconed two acres or 
half acre no person's garden or "orchard be injured thereby. 

And it is hereby further enacted by the authority afores 4 that whoso- 
ever shall build such mill or mills shall have liberty to make use of any 
timber for that purpose on any lands adjacent, making full satisfaction to 
the owners thereof and to be appraised as is afores 4 . And it is 
further enacted that all such mills as are or shall be built as afores 4 shall 
be deemed Publick Mills and the owner thereof or such as occupy and use 
the same shall be obliged as soon as their turn comes in course or as possi- 
bly they can to grind wheat and Indian corn for all such persons as shall 
require the same and shall take care that the same be forthcoming 



COLONIAL RECORDS. 207 



again to the owner on demand the lawful Toll only excepted under pain 
of double the value to be immediately levied by a warrant from the next 
Justice of the Peace and paid to the party injured which being well 
ground without any fraud or deceit they shall not have or exact any 
larger or greater toll than one eighth part of wheat and one sixth part of 
Indian corn under the penalty and forfeiture of ten times the value of 
the wheat or corn so brought to the mill, one half to the Poor of the 
Parish the other half to him or them that shall sue for the same to be 
recovered by accon of Debt, Bill, Plaint or Informacon made to the Pre- 
cinct Court, wherein no injuncon or wager of Law shall be allowed or 
admitted of. 

CHA. EDEN 
N. CHEVIN 
EDW d MOSELEY C. GALE 

Speaker FRANC 8 FOSTER 

T. KNIGHT 



[Laws of North Carolina, MSS. Kevisal of 1715, Ch. 8.] 



AN ACT FOR ESTABLISHING THE CHURCH & APPOINT- 
ING SELECT VESTRYS. 

This Province of North Carolina being a member of the Kingdom of 
Great Britain; & the Church of England being appointed by the char- 
ter from the Crown to be the only Established church to have Public 
encouragement in it : Wee, therefore, to express our gratitude to the R" 
Hon We the Society for promoting the christian Religion in Forreign parts, 
and their Zeal for the promoting our Holy Religion by making such 
provisions for the building of Churches & Chappels & maintainance of 
the Clergy as the circumstances of this Government will admitt, Do pray 
that it may be enacted, And 

Be it Enacted by his Excellency the Palatine &c. It is hereby enacted 
that this province of North Carolina be divided into parishes according 
to the Divisions & precincts hereafter menconed that is to say — Chowan 
precinct into two parishes, to be divided by Albemarle Sound & Chowan 
River & shall be distinguished by the names of the Eastern parish of 
Chowan & the South West parish : Pasquotanck precinct into two parishes 
to be divided by Pasquotanck River & shall be distinguished by the 
names of the North East parish of Pasquotanck & the South West par- 



208 COLONIAL RECORDS. 



ish of Pasquotanck : Perquinrins, Carrituck & Hyde to be parishes & 
bounded by the limits of the several precincts : The remaining part of 
Pamplico River and the Branches thereof, commonly called Beaufort pre- 
cinct to be one parish by the name of St. Thomas parish : And Nuse 
River & the Branches thereof by the name of Craven parish to which 
all the Southern settleTments shall be accounted a part of the same parish 
untill further Divisions be made. 

And Be It Further Enacted by the authority aforesaid that there shall 
be a Vestery in each & every of the aforesaid precincts and parishes con- 
sisting of the Ministers of the parish, when any such shall be there resi- 
ident, & Twelve men whose names are hereafter mentioned. 
Eastern Parish of Chowan Precinct. 
The Hon. Chas. Eden Esq. 
Col. Edw 4 Moseley Mr. Jas. Tarloe 

Cap' Fred k Jones Capt Henry Bonner 

Maj. Tho 8 Luten Mr. John Blount 

Cap' Nich : Crisp Mr. Sam 1 Padget 

Mr. Tho 8 Bray Mr. Tho 8 Garrett 

Mr. John Jordan 

So : West Parish of Chowan Precinct. 

Col. Tho. Pollock John Worley Esq. 

Col. Wm. Maul Mr. Lewis Bryant 

W m Duckenfield Esq. • Mr. Jno. Holbrook 

Maj. Rob' West Mr. Rob' Lanier 

Cap' Jn° Bird Mr. Len d Sarson 

Mr. Jno. Hardy Mr. Lewis Williams 

Perquimans Parish. 

Francis Foster Esq. Mr. Henry Clayton 

Col. Maurice Moor Mr. Jos. Jessop 

Col. Jn° Hecklefield Mr. Sam 1 Phelps 

Thomas Hardy Esq. Mr. Richard Whidby 

Capt. R d Sanderson Mr. Wm. Kitchmy 

Mr. Ja 8 Mings Mr. John Stepney 

So : West Parish of Pasquotank Precinct. 
Nath 1 ChevhvEsq. Mr. Antho. Hatch 

Col. Tho 8 Boyd Mr. Jonath" Jacocks 

Tobias Knight Esq. Mr. Jn° Palin 



COLONIAL RECORDS. 



209 



Mr. Jn° Jennings 
Mr. Rich" Wadren 
Mr. Edm d Gale 



Mr. W m Norris 
Mr. Rob' Lowry 
Mr. West 



N° East Parish of Pasquotank. 

Thomas Miller Esq Mr. Gab 1 Burnham 

Mr. Jn° Solley Mr. Tho" Sawzer 

Mr. Jn° Relt'e Mr. Henry Sawyer 

Mr. Jn° Bell Mr. Alen r Spence 

Mr. Sam 1 Bernard Mr. Rob' Sawzer 

Cap' Jn° Norson Mr. Jno. Upton 

Corratuck Precinct Parish. 

Rich d Sanderson Esq. Mr. Foster Jarvis 

Col. Wm. Reed Mr. Benj. Tull 

W m Swann Esq. Mr. Jos. Sanderson 

Tho: Vandermulin Mr. Jos. Wicker 

Mr. Tho. Taylor Mr. W m Luffman 

Mr. W m Williams Mr. W m Stafford 

St. Thomas Parish. 



The Hon" 10 Cha 5 Eden Esq. 

Col. Christop 1 Gale 

Tobias Knight Esq 

Mr. Jn° Porter 

Dan 1 Richardson Esq. 

Mr. Tho s Worsley 



Co 1 Em 1 Cleeves 
Mr. Jn° Jordan 
Mr. Sam 1 Slade 
Mr. Rich 4 Jesper 
Mr. W m Cording 
Mr. Henry Slade 

Col. W m Brice 
Maj. W m Hancock 
Mr. Jno. Nelson 
Mr. Jn° Slocomb 
Cap' Rich d Graves 
Mr. Dan 1 Mcffarlin 
27 



Cap' Jn° Drinkwater 
Cap' Jn° Clark 
Mr. Jn° Adams 
Mr. Patrick Maule 
Mr. To" Harding 
Mr. Jn° Lillington 

Hyde Parish. 

Mr. W m Barrow 
Mr. Jn° Proctor 
Mr. Rob' Spring 
Mr. Rich 4 Dane 
Mr. Rich* Harvey 
Mr. Rob' Green 

Craven Parish. 

Mr. Jn° Smith 
Mr. Jn° Mackey 
Mr. Tho 8 Smith 
Mr. Jos. Bell 
Mr, Martin Frank 
Mr. Jaco : Sheets 



210 COLONIAL RECORDS. 



which said Vestrymen are to be summoned by the Marshall or his 
Deputy in each precinct or parish to meet together at the church, chap- 
pel or Court House in every precinct, Or if there be none, then at such 
other place as the Marshal shall appoint within forty Days after the pub- 
lication of this Act; Or if any person or persons appointed by this Act 
to be a Vestryman shall fail to meet as aforesaid, upon such summons, 
he & they shall forfeit, & pay the sum of Three pounds. 

And if the Marshal shall refuse or neglect to summons the Vestrymen 
as is before menconed & appointed he shall forfeit the sum of Twenty 
shillings for every Vestryman not summoned. 

And Be It Further Enacted, by the authority aforesaid that all & 
every person or persons who by this act are appointed Vestrymen within 
any parish or precinct within this Government shall on or before the 
Easter Monday next ensuing the Ratification of this Act; and all and 
every person who at any time hereafter shall be elected a Vestryman or 
become a member of any Vestry within this Government, shall within 
one month after his becoming a Vestryman, or Member of any Vestry 
before some one or more Justice or Justices of the Peace within that par- 
ish or precinct besides taking the Oaths by Law enjoyned make & Sub- 
scribe the Declaration following, viz. I, A. B. do declare that it is not 
lawfull upon any pretence whatever to take up Arms against the King & 
that I will not apugne the Liturgy of the Church of England as it is by 
Law established. 

And that all & every person who shall neglect & refuse to do the 
same within the respective times aforesaid shall be deprived of such his 
place of Vestryman & of being a member of such Vestry to all Intents 
& Purposes, & such places shall be actually void ; & if such person is 
not a known & publick Dissenter from the Church of England, he shall 
also forfeit the sum of Three pounds. 

And that from & after such neglect or refusal it shall be Lawfull for 
the remaining part of the Vestrymen to proceed to the election or nom- 
ination of some other discreet Freeholder of the respective parish, in the 
Room of Such persons so neglecting or refusing as aforesaid. 

And if such person so to be elected in the Room of such person so neglect- 
ing or refusing, shall also neglect or refuse to make & Subscribe the Declar- 
ation & Acknowledgment in manner & Time aforesaid ; In such cases, if 
the Vestry shall not proceed to election within one month after such 
vacancy, that it shall be Lawfull to & for the present Incumbent (if any) 
& for want thereof, the Commander in chief of the Government for the 
time being, under his hand & seal to select & nominate a discreet Free- 



COLONIAL RECORDS. 211 



holder of the parish in .such vacant Room, which person so to be elected 
& nominated, after his making Subscription in manner & time aforesaid, 
shall bee deemed and taken to be a Vestryman or member of such Ves- 
try, as if he had been expressly nominated by the Act. 

And Be It Further Enacted — by the Authority aforesaid that the Ves- 
trymen of every Precinct or Parish, or the greatest part of them shall 
choose two persons who are Vestrymen to be Church "Wardens, who 
shall continue in that office one year & no longer, unless he or they shall 
be willing, and then two other Vestrymen shall succeed in the same 
office for the next year & so successively, until every Vestryman hath 
served in the office aforesaid. 

And Be It Further Enacted by the Authority aforesaid that if any 
pei-son who shall be chosen Church Warden shall refuse to execute that 
Office, without lawfull cause, he shall forfeit and pay Thirty Shillings, to 
be levied upon the Estate of the person refusing — by Order of the Ves- 
try or greater part of them, to be disposed of for the use of the parish, 
upon which such person shall be excused 'till his turn come again in 
course. 

And the Church Wardens in each respective parish and their Succes- 
sors shall have full power to call the Vestrymen together & to appoint 
the time of their meeting, & in case of their neglect so to do when occa- 
sion shall require, it shall be Lawfull for three or more of the Vestry to 
do the same. 

And if any Vestryman shall fail to give his Attendance at such time 
of meeting without Lawfull cause to be allowed & approved of by the 
Vestry or the greatest part of them, shall forfeit and pay Tenn Shillings 
for every such Default to be Levied & disposed of in manner aforesaid. 

And Be It Further Enacted by the Authority aforesaid, that'the sev- 
eral Church Wardens & Vesteries or the greatest part of them shall use 
their best & utmost endeavors to procure an able and Godly Minister 
qualified according to the Ecclesiastical Laws of England — & a person 
of a sober life & Conversation to be Clerk, & to raise "for him or them, 
such Stipends yearly as they shall think convenient, so as such sum or 
stipend for the Minister be not less than Fifty Pounds yearly ; & that in 
the raising thereof & all other parish charges, the whole do not exceed 
five shillings per Poll on all the Taxable persons in the parish. Pro- 
vided allways that such Minister for whom such moneys are to be raised 
yearly be constantly resident in the parish & do not omit officiating at 
the Church or chappel within the parish above One Sixth part of the 
Sundays in the year, unless permitted by the Church- Ward ens & the 
Vestry to officiate in the Neighboring vacant parishes. 



212 COLONIAL RECORDS. 



And Be It Further Enacted by the Authority aforesaid that the Church 
Wardens & Vestrymen, or the greatest part of them, in each respective 
precinct or parish aforesaid & their successors forever shall have full 
power and Authority to purchase Land for a Glebe to build one Church 
& one or more Chappels in every respective precinct or parish aforesaid, 
as they or the greatest part of them shall think necessary, & the same as 
often as need shall require to repair & also to provide and take care to 
satisfie and pay all Parochial Charges out of such Gifts, Goods, & Chat- 
tels as shall come to their hands for the Church or parishe's use, towards 
the payment of which parochial charges all the Fines & Forfeitures of 
this Law incurred shall be Levied by the Church- Wardens in each 
respective precinct or parish & by them accordingly applied. 

And Be It Further Enacted, by the Authority aforesaid that for the 
defraying or paying whatsoever charges shall or may from time to time 
arise by force of this Act, or which shall properly be a parish charge, 
altho not menconed in this Act. It shall & may be Lawfull for the sev- 
eral Church Wardens and Vestrymen or the greatest part of them & their 
successors in every respective precinct or parish aforesaid to raise & levy 
money Joy the Poll so as the same do not exceed Five Shillings by the 
Poll p r Annum : which sum or sums of money so laid equally by a Poll 
tax, shall after Twenty days notice given by the Church-Wardens to the 
parishioners be paid by the time appointed for the payment thereof, either 
at the Glebe-Church, chappel, or at such other place as by the Church- 
Wardens shall be appointed, under the Penalty of Double Distress to be 
made by the Church- Wardens on the Goods of such person refusing or 
neglecting to bring the same by the time appointed. 

And Be It Further Enacted, by the Authority aforesaid, that the 
Church Wardens of every precinct or parish aforesaid shall take due care 
& order that all such sum or sums of money as Vestry shall order & 
appoint, be duly raised & applyed & payed to such uses as by the said 
Vestry shall be directed for which the Church- Wardens shall be allowed 
on their Acct 8 the nam of Three p r cent & no more. And if any Church- 
Warden shall refuse or neglect to perform his duty therein he shall be 
obliged to make good and pay all such sum and sums so ordered by the 
said Vestery to such person or persons as should have had the same had 
the taxes been duly levied & paid excepting Insolvents. And to prevent 
Illegal & Unlawf'ull Marriages not allowable by the Church of England 
but forbidden by the table of Marriage 

Be It Enacted by the Authority aforesaid that no Minister, Priest, or 
Magistrate (who is hereby impowered to join persons together in Mar- 



COLONIAL, RECORDS. 213 



riage in such parishes where no Minister shall be resident,) either upon 
License, or after the persons intending to marry have had the Banns of 
Matrimony published Three times by the Clerks at the usual place of 
celebrating Divine Service, by affixing such their intentions at the Court- 
House door two distinct Courts, shall presume to join together in Mar- 
riage any persons whatsoever contrary to the Table of Marriages which 
the Church-Wardens & Vestry are hereby to cause to set up in all 
Churches & Chappells under the Penalty of Five Pounds : Nor shall 
any persons forbidden to intermarry by such Table of Marriages pre- 
sume to be joined together in Marriage under the like Penalty of Five 
Pounds : & that no Lay person, in any parish where a Minister or Priest 
is resident shall join any persons in Marriage under the Penalty of Five 
Pounds: One Half to the Parish for the Use of the Poor & the other 
to the Minister resident or incumbent; And that it shall & may be Law- 
full for every Minister to take & receive of every person or persons by 
him married the sum of Five Shillings & no more. 

Provided such persons come to the Parish Church or Chappel at Time 
of Divine Service, for Solemnizeing such Marriage. 

Edw 4 Moseley CHAS: EDEN 

Speaker. N. CHEVIN 

C. GALE 
FRAN" FOSTER 
T. KNIGHT 



[Laws of North Carolina, MSS. Revisal, 1715.] 



AN ACT RELATING TO THE BIENNIALL AND OTHER 

ASSEMBLIES AND REGULATING ELECTIONS 

AND MEMBERS. 

Whereas His Excellency the Palatin and the rest of the true and abso- 
lute Lords Proprietors of Carolina haveing duly considered the Privi- 
ledges and Immunities wherewith the Kingdom of Great Britain is 
•induced and being desirous that this their Province may have such as 
may thereby enlarge this Settlement and that the frequent sitting of 
Assemblies is a principal safeguard of their peoples Priviledges have 
thought fit to enact. 

And be it enacted by the said Palatin and Lords Proprietors by and with 
the advice and consent of the present Grand Assembly now met at Little 



214 COLONIAL RECORDS. 



f 

i 



River for the North East part of the said Province and it is hereby 
enacted That for the due Election and Constituting of Members of the 
Bienniall and other Assemblies it shall be lawfull for the freemen of the 
respective precincts of the County of Albemarle to meet the first Tues- 
day in September every two years in the places hereafter mentioned that 
is to say the Inhabitants of Chowan at the Land laid out for a Town on 
the Fork of Queen Arms Creek the Inhabitants of Perquimons at the 
upper side of the Mouth of Buttons Creek The Inhabitants of Pasquo- 
tank at the plantation now in Possession of M r Joseph Glaister on new 
Begunn Creek The Inhabitants of Currituck at the Plantation of M r 
Thomas Vandermulin The Inhabitants of Beaufort in Bath, in Bath 
Town, The Inhabitants of Hyde precinct at the Plantation at M r Web- 
stersons, the Westside of Matchapungo a River The Inhabitants of 
Craven at Swifts Plantation at the mouth of Handcocks Creek The Inhabi- 
tants of New Bern at the Town so called and then there to chose such 
members as are to, sit in that Assembly which shall be five Freeholders 
out of every precinct in Albemarle County aforesaid. 

And be it further enacted That it shall and may be lawfull for the 
Inhabitants and freemen in each precinct in every other County or Coun- 
ties that now is or shall be hereafter erected in this Government aforesaid 
to meet as aforesaid at such place as shall be adjudged most convenient 
by the Marshall of such County unless he be otherwise ordered by the 
special Commands of the Gov r or Commander in Chief to choose two 
Freeholders out of every Precinct in the county aforesaid to sitt and vote 
in the said Assembly. 

And be it further enacted That the Burgesses so chosen in each pre- 
cinct for the Bienniall Assembly shall meet and sitt the first Monday in 
November then next following every two years at the same place the 
Assembly last satt. Except the Palatins Court shall by their Proclama- 
tion Published Twenty days before the said meeting appoint some other 
place and therewith the consent and concurrence of the Palatins Court 
shall make and ordain Laws as shall be thought most necessary for the 
good of this Government. 

Provided always and nevertheless that the powers Granted to the 
Lords Proprietors from the Crown of Calling Proroguing and dissolving • 
Assemblies are not hereby meant or intended to be invaded limited or 
restrained. 

And it is hereby further enacted by the Authority aforesaid that no 
person whatsoever Inhabitant of this Government born out of the Alle- 
giance of his Majesty and not made free no Negro Mullatto or Indians 



COLONIAL RECORDS. 215 



shall be capable of voting for Members of Assembly and that no other 
person or persons shall be allowed or admitted to vote for Members of 
Assembly in the Government unless he be of the Age of one and Twenty 
years and has been one full year resident in the Government and has 
paid one years Levy proceeding the election. 

And be' it further enacted that all persons offering to vote for Members 
of Assembly shall bring a List to the Marshall or Deputy taking the 
Poll containing the names of the persons he votes for and shall subscribe 
his own name or cause the same to be done and if any such person or 
persons shall be suspected either by the Marshall or any other Candidates 
not to be qualified according to the true Intent and meaning of this act 
then the Marshall Deputy Marshall or other Officer that shall be appoint- 
ed to take and receive such votes or Lists shall have power to administer 
an Oath or Attestation to every such suspected person of his Qualifica- 
tion and Ability to choose Members of Assembly and whether he has 
not before given in his List all that Election. 

And be it further enacted That every Officer or Marshall which shall 
admit of or take the vote of any person not truly qualified according to 
the purport and meaning of this act provided the Objection be made by 
any candidate or Inspector or shall make undue return of any person for 
Member of Assembly shall forfeit for such vote taken and admitted and 
for such returns Twenty Pounds to be employed for and towards the 
building of any Court House Church or Chappels as the Governor for 
the time being shall think fit But if no such building require it then to 
the Lords proprietors and Twenty pounds to each person of Right and by 
a Majority of Votes ought to have been returned to be recovered by Action 
of Debt Bill plaint or Information in any Court of Record in this Gov- 
ernment wherein no Ession Wager of Law or Protection shall be allowed 
or admitted. 

And be it further enacted That every Marshall or Officer whose Busi- 
ness and Duty it is to make return of Elections of Members of Assem- 
bly shall attend the Assembly the three first days of their sitting (unless 
he have leave of the Assembly to depart) to inform the Assembly of all 
Matters and Disputes as shall arise about Elections and shall shew to the 
Assembly the List of the votes for every person returned and have-made 
complaint of false returns to the Assembly and every Marshall or other 
Officer as aforesaid which shall deny and refuse^to attend as aforesaid 
shall forfeit the sum of Twenty Pounds to be recovered and disposed of 
in such manner and form as the forfeitures before by this act appointed. 



216 



COLONIAL RECORDS. 



And be it further enacted That whatsoever Representative so elected 
as aforesaid shall fail in making his personal appearance and giving his 
attendance at the Assembly precisely at the day limited by the Writ or 
on the day appointed for the meeting of the Biennial Assembly when 
the Election is for a Biennial Assembly shall be fined for every days 
absence during the sitting of the Assembly (unless by disability or other 
Impediment to be allowed by the Assembly Twenty shilling to be Seized 
by a Warrant from the Speaker and so to be applied to such Uses as the 
Lower House of Assemby shall think fit. 

And be it further enacted That every Member of the Assembly that 
shall be elected as aforesaid after the ratifying this act shall not be quali- 
fied to sitt as a Member in the House of Burgesses before he shall wil- 
lingly take the Oath of Allegiance and supremacy the Abjuration Oath 
and all such other Oaths as shall be ordered and directed to be Taken by 
the Members of Parliament in Great Britain. 

And be it further enacted That the Quorum of the House of Bur- 
gesses for voting and passing up Bills shall not be less than one full half 
of the House and that no Bill shall be signed and ratified except there 
be present eight of the Members whereof the Speaker to be one and in 
case eight Members shall meet at any Assembly those eight shall have 
full power to adjourn from day to day till sufficient Number can assem- 
ble to transact the Business of the Government. 

Edw" Moseley CHAS : EDEN 

Speaker N. CHEVIN 

C. GALE 
FRAN 8 FOSTER 
T. KNIGHT 



1716. 

[Council Johenal.] 



North Carolina ss 

Att a Council holden at the house of Cap' Fred k Jones in Chowan on 
21 st day of January 171| 

Present the Hon" 6 Charles Eden Esq r Gov r Cap' Gen" & Adm 11 
f Nath Chevin 



The Hon bles i 



Fra 8 Foster 
Chr Gale 
T Knight 



Esq 1 Lds prop'™ Dep'* 9 



COLONIAL RECORDS. 217 



Co 11 Christopher Gale Presented a Commission to this Board from the 
Lds proprieto™ Appointing him Chiefe Justice of this Province and 
pray'd the same might be read and Admitted of And the Question being 
put to this Board by the Governo r whither the Said Commission ought 
to be published and Take place before the Instructions Came over or not 
and it passt in y" Affirmative and thereupon the Said Commission was 
read and admitted of accordingly. 

Major Tho Luten preferrd a petition to this Board praying that Let- 
ters Testamentary might be Granted to him on y e Last Will and Testam' 
of M" Ester Pollock Dec'd and y e hon ble Co 11 Tho s Pollock Late husband 
of y* s 4 Ester haveing made known to this Board his reasonable Excuse 
for not appearing at this time 

It is Ordered that the subject matter of y e Said Petition be referr'd to 
y" 3 d day of y* next General Court and that if the said Co 11 Pollock 
appear not at y' time this Board will proceed to determine y" same 

Then this Board adjourned to y" Governo™ house on Munday next. 

Att w" h time and place this Board mett present ut Supra 

Upon Petition of Lewis Conner Esq r Setting forth that he did on y* 
22 day of June 1713 make an Entry with Tho a Pollock Jun r the then 
Surveyo r Gen 11 of all y e Land Swamp and Lowe Ground from the head 
of his own Land in Pamplico y' he bought of Major Barrow up to y° 
head of Aldersons and y* which was Collingwood Wards cleare across y° 
neck to Matchapungo Creek or as farr as the Land of Major Barrow and 
others adjoyning and that Conformable to y e Custom of this Governm' 
he did request the Surveyo 1 Gen" to Survey or cause y e said Land to be 
Surveyed for him and did Treat w' h y e Lords Receiver General for 
and Concerning the payment of y e Purchase money for y" same but either 
by the remissness of y" Surveyo r or for some other reason to him y e said 
Conner unknown the said Land is not yett laid out and that he has adver- 
tised y* one M r John Porter is takeing up part of y" same Lands and 
therefore prayes that this board will Order y" present Surveyo r Generall 
or his Deputy to survey and lay out the same according to his said Entrey 

Ordered that the Survey 1 Gen 1 ' or his Dep ty do' lay out the aforesaid 
Land pursuant to y c purport of y" said petition provided he do not inter- 
fere w th the proprieto™ Instructions or afly other former war* 8 or Enteries 
thereon 

Upon Petition of Katherine King Widdow and relict of John King 
dec'd Shewing that a Tract of Land Lyeing on the Middle Branch of 
Salmon Creek belonging to John King her late husband Containing Six 

28 



218 COLONIAL RECORDS. 



hundred and Forty acres is Lapst for want of being seated in due time 
pursuant to y" pattent and prays the same may be granted to her 
Ordered that the same be granted as pray'd for 



[From N. C. Letter Book of S. P. G.] 



M r URM8TONE TO THE SECRETARY. 

North Carolina Feb y 14" 1 171£ 
Sir 

I have lived this place five years in hopes of some provision being 
made for me here, but now I plainly see they never intended it with great 
difficulty & charge I prevailed with seven of our Worshipfull vestrymen 
to meet March 2 ud 171f in order to answer Col. Nicholson's letter and 
comply with the demands of the Hon* 1 " Society, but if you have that 
account they gave of the Circumstances of their parish, you'll find no 
mention of what they allowed me, nor could I engage them to resolve on 
anything notwithstanding I prest them very earnestly. On the 3 d of 
January following the like number with much solicitation were pursuaded 
to meet again, but 'twas to divide the parish & make two of it, so that 
they might not be at the trouble of crossing the Sound (and yet they 
would have obliged me to do it 3 times in a month) they then endeav- 
oured to put me off as before, but at last agreed to allow 110 for the 3 
years past. Had I officiated in another parish alternately as the Vestry 
act empowered rae, they ought to have paid me 30X ^ Annum in 
each, but the difficulty of attending upon two parishes being great 
they offered me the hire of 2 parishes provided I would goe the River, 
as heretofore, which was not possible for me to do before, I had a canoe 
and servants & when furnished therewith whilst abroad my family 
starved at home, so that I was constrained to keep my hands at home 
and make Corn or we must have fasted. I was very much blamed, and 
seeing I had not answered their Expectation it was thought great gen- 
erosity to give me £110 from that time to this I could never prevail 
with them to meet: I went and wrote to the church warden who -was 
to collect the money diverse times but to no purpose, he never designed 
it, Another year is expired and now some of the bards tell me, truly they 
did not hire me the last year, nor will ever employ me more but are 
Mustering & contriving to pay me as they have done all before me, with 
lyes and all manner of scandalous stories, lading me with reproach and 



COLONIAL RECORDS. 219 



contempt, so that now I am in a fair way to be starved. I have no grain 
of any kind whatsoever, nor any sort of provisions Save 5 young porkers 
which weigh about Quarter each and have nothing to buy with ; no 
longer credit at Boston by reason of nonpayment of my Bills in Eng- 
land. I wont to have rum sugars and Mulasses from thence and with 
that I could buy provisions; we are all naked and the Winters very 
severe; I have lately lost a Negro he was merely starved for want of 
clothes and a warm lodging and I shall be obliged to sell the other Negro 
to keep us till I hear from you which I pray may be with all speed. 
Here I cannot stay therefore beg I may return home and be allowed my 
Salary according to the Standing orders of the Society 11.18 Page 56. 
otherwise I shall not be able to procure us a passage, for my Plantation 
and all I have will be siezed for debt except my Bills be paid in Eng- 
land, but* so many have been sent back protested, that 'tis generally 
believed the Society will pay no more, at least many here wish they may 
not, I have been at great charges and trouble in endeavouring to get 
my house fit to live in with the addition of a couple of little rooms one 
a shop for me and the other a kitchen to dress our victuals when God 
sends it, it hath cost me near 100 too besides dyet, lodging and the 
attendance of all my family for a great part of a year. This order for 
£110 gained me Credit with the Workmen but being disappointed by 
the Churchwarden, have been forced to raise all the money I could, have 
borrowed £50 and some work is still owing for, I owe a servant maid 
that my Wife brought from England upon Wages, for 4 Years service, 
the poor Girl is almost naked, many may wonder how I came in such 
circumstances, but 'tis easily made appear; have no support from the 
wretched folks I was constrained to anticipate or draw faster than money 
became due, I had but 50 pbt against Sterling money and gave 5 or 600 
pr ct for every thing that I bought except victuals which truly is cheap 
enough & generally very plentiful ; we made most years 50 or 60 Sloops 
and other Vessels with all* sorts of good provisions and God knows reap 
small benefits by it. Goods are sold at such exorbitant prices, If I could 
have had the money that has been clue to me from the Society invested 
in Goods, I might have lived handsomely and had a thousand pound in 
pitch which would have fetch't as much in England clear of all charges. 
I am told Mr. Rainsford is designed for England in order to be admitted 
Pensioner again for this miserable place; I wonder at it, for he had tho' 
a short yet a full taste of the temper and nature of these Ephesian 
Beasts, & their treatment of Ministers, he had a plentiful reward for 
the service he did, was laden with Scorn Contempt & Calumny, abun- 



220 COLONIAL RECORDS. 



dance of Scandalous, I hope false, Stories are told of him ; tis said, pro- 
vided I could have removed he would have staid in the Parish and not 
have taken a farthing of them (which was a very endearing article) for 
he had a sufficient support from England ; if- true, I believe he'll be of 
another opinion now, for he has married a Sorry girl in Virginia, besides 
his way of living requires a good income; We have had all our Laws 
revived and amended where needful it was (and still they are confused 
and simple enough) and 'tis said they are to be sent to the proprietors for 
their approbation and then be printed it would be well if you could pro- 
cure a Copy of the Vestry Act, I suppose the Society will not allow of 
it; for 'tis in the power of every new Churchwarden to continue or not 
their Minister : Likewise it ought to be specified that the Ministers Salary 
be paid in the Staple Commodities of the Country, viz', Corn, "Wheat, 
Beef and Pork & pitch at his dwelling house for 'tis not with his labour 
to collect it, but beware such another may never pass and in after ages 
perhaps these Amendments may be made with the consent of an Assem- 
bly, I beg of you to desire the Treasurer to send me an account of all 
the money paid to my use since my late Attorney refused to act for me 
he sent me a Balance to Sep 29 th 1713 he had then in hand £14 : 16 : 6 
I draw'd a Bill for £10 upon him since that and he sent it back pro- 
tested I long to know what has become of my money from that time : 
According to my drafts I shall owe "but seven pounds the 25 th of the 
next month if all my bills were paid, but Mr Jekyl at Boston writes me 
that my last Bill of £20. payable to him is not paid, and there is another 
to Thomas Haudrey Merchant for 37£ come back protested, Mr. Tryon 
said he no effects, and yet since both these, one to Thomas Lee who went 
from hence for 20£ was punctually paid. If my attorney has received 
any thing since my ace' he has wronged me : he pretended he would never 
be concerned for me; & accordingly in one to Mr Hodges I revoked the 
power given him and desired no more money might be paid to him. 

I sent my Journal tfc Michaelmas last by way of Virginia, date X bOT 
16. I should be glad to know it came safe for 'twas kept here 3 Weeks 
and I have no great reason to believe it was opened, if not destroyed you 
know my seal without doubt We have had no News a long Time from 
North Carolina, God knows what condition they are in, we have great 
reason to wish for their success. I am 

Sir your most humble Servant 

JN° URMSTON 

Missionary. 



COLONIAL RECORDS. 221 



[Spotswood Letters. Vol. 2. p. 141.] 



Virginia, Feb'y 16th, 1715 [1716.] 
To the L'ds Comm'rs of Trade : 

My Lords : 

***** 

After so many years spent in fruitless Endeav'rs'to ascertain ye Boun- 
darys between this Colony and No. Carolina, and the frequent trouble 
w'ch that dispute has occasion'd to y'r Lo'ps' board, I hope ye pro'sal 
w'ch I here enclose will be the more acceptable, as it is the only Overture 
which has been made from ye beginning, wherein both Governm'ts could 
be brought to acquiesce; And indeed is the only Expedient I can think 
of to put a speedy end to this Controversy, for while both sides insisted 
on the boundary which each claimed and brought positive Evidences to 
support their pretensions, while the Observations of the Lattitudes were 
disputed, and the Instruments by w'ch they were taken Questioned, and 
that, notwithstanding the repeated orders of her late Maj'tie for ye pro- 
prietors to appoint new Commiss'rs, four years have pass'd without any 
Step made on that part towards complying with those Orders. It was 
not easy to foresee an end to this Contest, tho' the Inconveniencys to both 
Governm'ts by the continuance of this dispute is very obvious, and likely 
still to increase — many people settling themselves in those contraverted 
Lands who own obedience to ye Laws of neither Province. If the Obser- 
vations of ye Comm'rs and Survey'rs of this Governm't are just, his 
Majesty can be no great loser by runing the boundary as propos'd in ye 
enclos'd Paper, viz., a due West Course from Corrotuck's Inlett; but if 
these observations should prove erroneous, whatever shall be lost thereby 
will be made up by saving a great expence in runing this Course rather 
than the transverse line from Curratuck to Wicconi, through one of the 
most unhabitable and impracticable wilderness that is known in these 
parts, where the best Artists we have must have been at a loss to Steer 
to the point designed, and consequently must make divers Experiments 
which would increase the Charge. But without arguing any more upon 
the Advantages of this Proposal, I shall only add that I have acted herein 
what I think most for his Maj't's Service, according to ye present Light 
I have of that affair, and shall submit to y'r Lo'ps to lay it before his 
Maj'tie with such Recommendation as you judge it deserves; And if his 
Maj'tie shall approve thereof, and that the Lords Proprietors will readily 
come into it, I shall then hope for the Satisfaction of seeing a speedy 
determination to a very intricate and perplex'd business. 



222 COLONIAL RECORDS. 



To prevent any Cavils w'ch may arise in laying out the Boundarys, I 
humbly propose that y'r Lo'ps would be pleas'd to obtain such Instru- 
ments to be Sent in hither as shall be approv'd on by his Maj'tie and 
the Lords Proprietors, and that directions may be also sent in what man- 
ner the charge shall be defrayed, since there will be occasion to employ 
several people for marking out the Line, and in some places to make use of 
boats, of which it is reasonable the Proprietors should bear their proportion. 

I shall observe y'r Lo'ps' directions as to ye other particulars men- 
tion'd in y'r Letter, of w'ch y'r Lo'ps shall have an Acc't as occasion 
offers, being desirous of nothing more than to give y'r Lo'ps proofs of 
the Respect w'th w'ch I am, &c. 



[B. P. E. O. B. T. Virginia. Vol. 14. p. 64.] 



PROPOSALS FOR DETERMINING THE CONTROVERSY 
RELATING TO THE BOUNDS BETWEEN THE GOV- 
ERNMENTS OF VIRGINIA AND NORTH CAROLINA: 
MOST HUMBLY OFFERED FOR HIS MAJESTYS 
ROYAL APPROBATION, AND FOR THE CONSENT OF 
THE RIGHT HON ble THE LORDS PROPRIETORS OF 
CAROLINA. 

Foreasmuch as the dispute between the said two Governments about 
their true Limits continue still, notwithstanding the several meetings of 
the Commissioners, and all the proceedings of many years past in order 
to adjust that Affair and seeing no speedy determination likely to ensue, 
unless some medium be found out, in which both partys may encline to 
acquiesce: Wherefore both the underwritten Governors having mett and 
considered the prejudice done both to the King's and the Lords Proprie- 
tors Interests by the continuance of this Contest, and . truly endeavour- 
ing at a Decision which they judge comes nearest to the Intention of the 
Royal Charter, granted to the Lords Proprietors, Do with the Advice 
and Consent of their respective Councils Propose as followeth. 

That from the mouth of Corratuck River or Inlett, and setting the 
compass on the North Shore thereof a clue West Line be run and fairlv 
marked ; and if it happens to cutt Chowan River between the mouths of 
Nottoway River and Wiccons Creek, then shall the same direct course 
be continued towards the mountains, and be ever deemed the Sole Divid- 
ing Line between Virginia and Carolina That if the said West Linecutts 
Chowan River to the Southward of Wiccou Creek, then from that point 
of Intersection the bounds shall be allowed to continue up the Middle 



COLONIAL RECORDS. 223 



of the said Chowan River to the middle of the entrance into the said 
Wiccon Creek, and from thence a Due West Line shall divide the said 
two Governments. That if the said West Line cuts Blackwater River 
to the Northward of Nottoway River; then from that point of Inter- 
section, the Bounds shall be allowed to continue down the middle of the 
said Blackwater River to the middle of the Entrance into the Nottoway - 
River, and from thence a Due West Line shall divide the said two Gov- 
ernments. That if a Due West Line shall be found to pass through 
Islands or cut out small slips of Land, which might much more conven- 
iently be included in the one province or other, by natural water bounds ; 
in such case the persons appointed for running the Line shall have 
power to seale natural bounds, Provided the Commissioners of both sides 
agree thereto, and that all such Variations from the West Line be par- 
ticularly noted in the Mapps or Platts which they shall return to put 
upon the Records of both Governments. 
All which is humbly submitted by 

CHARLES EDEN. A ' SPOTTSWOOD 



[From N. C. Letter Book of S. P. G.] 



M r URMSTONE TO THE SECRETARY 

„. North Carolina Feby 28 th 171f 

Since the delivery of mine pr. this same opportunity and the Copy 
thereof ^ via Boston, I understand that a Copy of our law is sent f) 
Godfrey so that if the Society think fit to procure a sight of the Vestry 
Act there must be no delay. I presume they'll not approve of it what 
I think most material to be added is that it be not in the power of the 
Vestry to remove their Minister at pleasure, that the Ministers Salary be 
paid in spetie of the Country produce at his own house : that a Table of 
Fees belonging to the Surplice, as Weddings, Burials, Funeral Sermons 
&c be agreed on by the Vestry and made publick : but nobody be burried 
but by the Minister nor marryed ; that the Minister be exempt from all 
taxes, Imprefts or Levyes upon him or any belonging to him ; all liber- 
ties & privileges, as is practised in England be continued and observed, 
as far forth as is consistent witli the Country, that the choice of one 
Church Warden yearly be allowed him, that the Vestry do meet at least 
once every Quarter, in Easter week especially and chuse Churchwardens 
and whatever else the Honorable Society may think fit and can be ob- 
tained of the Lords Proprietors. 



224 COLONIAL EECORDS. 



The Proprietors must be prest to use their Interest with the Colony to 
have all such amendments made the next assembly after the return of 
the Laws, for the proprietors have not Authority enough to ratify them 
without the Consent of an Assembly. This sending of the Acts to be 
perpetuated by the Proprietors is the only Step made since the settlement 
■ of the Colony to make it a regular place, soon after the grant of this 
Colony to the proprietors they made several laws and constitutions which 
are in Print but these have been little regarded for many years, if not 
quite set aside and the Lords power of little Force, they were wont to 
have all Acts of Assembly confirmed by the Lords or else they were not 
in force above two years; but of late they never trouble the proprietors 
at all but passed and annul'd Laws at pleasure and at the first meeting 
of every Biennial the old laws were confirm'd and to be continued for 
the two years following and by that means, evaded the Lords, approving 
or disallowing their Laws, according to the power they reserved to them- 
selves on the Fundamental Constitutions I suppose the Lords will scarce 
approve of all the Acts. 

This comes fJ a friend passenger in Capt" Godfrey ; I pray acquaint if 
mine by him and the Copy ^ Boston come to hand under the Seal of Sir 

Your humble Serv' 

JOHN URMSTONE 



[B. P. R. O. B. T. Proprieties. Vol. 10. Q. 72.] 



LETTER FROM THE ASSEMBLY OF SOUTH CAROLINA 
TO THEIR AGENTS IN GREAT BRITAIN, DATED THE 
15 th MARCH 17if GIVING AN ACCOUNT OF THE ILL 
STATE OF THAT PROVINCE. 

Gentlemen, Charles Town. March y 15 th 17tf. 

Wee have lately seen a letter from M r Beresford dated December y" 
27 th 1715 directed to the Commission 13 appointed by y 8 late Assembly to 
correspond with you wherrin he mentions y" receipt of one from the said 
Commission™ dated August the 25 th 1715 with the address of our late 
house of Commons to his Majesty, to take the immediate Government of 
this Province into his own hands. We are glad to hear that you have 
delivered the same & rejoyce at the hopes you give us that something 
will be done at Court in our favour, at the same time we wonder that his 
letter should come onely from M r Beresford, expecting that you both 
should act joyntly in all things which concern the good of this Province. 



COLONIAL RECORDS. 225 



Wee the Members of Assembly now sitting have thought fit by this 
oppertunity to send another address to his Majesty on the same head & 
desire that you will deliver y° same and that you will with your utmost 
application endeavour to get our request fullnlled for according to all 
human probability unless his Majestie doth take this Province under his 
immediate protection and sends us men to defend us and money to defray 
our Charges this once flourishing Collony will be reduced to nothing and 
become a pray to our Barbarous Enemies. 

According to a moderate computation of y° Charges that this Govern- 
ment has been at for the Support of the Warr it amounts to near one 
hundred and forty thousand pounds what farther Charges we shall be 
at God alone knows, we need not use any arguments to make you sensi- 
ble that this will be a greater burden than this poor Province can possi- 
bly bear. 

We are now to inform you that the Forces wee had from Virginia and 
North Carolina are upon their departure home, being unwilling to stay 
any longer and our Government is y° more willing to gratifie them in 
that particular by reason the charge we are at in maintaining them is 
greater than we can bear. 

We hope Gent 1 when you have duely weighed all these particulars that 
you will be fully convinced that our aifairs do still look with a very dis- 
mal] aspect and that no endeavours in you will be wanting to get as 
immediate assistance which onely under God can save this Province from 
utter ruin. 

The vessel by whom you will receive the address to his Majestie & 
this letter is just now going over the Barr which obligeth us to come to 
a conclusion and to be very short in the relation of the affairs of this 
Province with the Government of Virginia. Wee shall onely mention 
that we are now finding out some means to give that Governm' all the 
satisfaction they can in reason desire the particulars of which you shall 
have by our next. Wee should not have mentioned anything on this 
head at this time had not the Govern 1 of Virginia sent us word that he 
would endeavour to make us look as odious as he could both at home in 
England and in all the Kings Govm ts in America upon the account of 
our non performance of every particular branch of the Treaty of assist- 
ance agreed upon between that Gover mt and our agent sent thither for 
that purpose. At the same time we must confess that if our late Assem- 
bly had fully complyed with that agreement it would not have cost this 

29 



226 COLONIAL RECORDS. 



Province near so much money as the measures we shall now be obliged 
to take 

signed by order of y° house 

THO: BROUGHTON. Speaker. 

We order you to lay the State of this Province as you now receive it 
from us, before his Majesty as we have promist in our address you 
should. 



[Council Journal.] 



The Hon" 16 



North Carolina ss 

Att a Council holden at the house of Capt. Rich d Sanderson at Little 
River on Thursday March y" 29 1716 

Present the Hon bIe Charles Eden Esq* Governo r Cap* 11 Gen 11 & Adm" 

f Nath Chevin ' 

FrSorster \ Es( ? Lds P ro P rietorS De P' ys 
T Knight 

Upon Petition of Francis Forster showing that Samuel Charles has 
made a Survey of a Tract of Sunken Land and Swamp Joyning upon 
him to his Great Prejudice and without giving him any notice thereof 
Contrary to y e Lawes in that behalf made 

Ordered that the said Charles be summoned to appeare at the next 
Council to shew cause why the said Foster may not have y° first refuse 
of ye Said Land and that in the meane time he forbears to make any 
further proceedings thereon 

Upon Petition of Gabriel Newby Shewing that a Tract of Land for- 
merly settled and Inhabited by Charles MacDaniel in Perquimons River 
has been Disserted for this one and Twenty years and no heire appearing 
y° same nor any person to pay the Rents thereof the said Newby prays 
that a war' may Issue out to appraise y e Labor done on y" same land and 
that the same may be Granted him y e said Newby pursuant to y° act of 
Assembly in that behalfe made and provided. 

Ordered that a War' do Issue out upon the said act pursuant thereto 
as pray'd for in y° said Petition 

Upon petition of Thos Boswell praying that a partition of a Tract of 
Land wherein his wife and Elizebeth Watter her sister are Joynt Ten- 
ants and that Elizebeth having sold her part in the said land prayes that 



COLONIAL RECORDS. 227 



an order may Issue out to the Surveyo* for to make an Equal division 
thereof that each party may know their own share 

Ordered that the Surveyo r Gen 11 or his Dep ty Do make partition of 
Said Lands as in y" Said partition prayd. 

Upon Petition of Francis MacClendon Shewing that a Tract of Land 
Containing Four hundred Acres was Granted to Michael Hill by pattent 
dated y e 5 th day of March 17-^- Is now laps'd for want of being Seated 
in due time pursuant to y e said Pattent and prayes that the same may be 
granted to him 

Ordered that the same be granted as pray'd for 

Upon Petition of Thos Ashley Junio r Shewing that a Certaine Tract 
of Land lyeing in Chowan precinct Containing One hundred and Twenty 
Acres was Granted to Tho Ashley Sen 1 by Pattent bearing date 
is Laps'd for want of being seated in due time pursuant to y e said Pattent 
and prayes that the same may be granted him 

Ordered that the same be granted as pray'd for 

Upon Petition of James Boon Shewing that a Tract of Land Lyeing 
in Chowan precinct Contayning five hundred and Seventy five Acres was 
granted to Tho s Sessims by pattent dated the fourth of Novem br 1707 is 
Lapsd for want of being seated in due time pursuant to y" said pattent 
and pray that the same may be granted him 

Ordered the same be granted as pray'd for 

Upon Petition of Benj n Blount Guardian to his Bro r John Blount 
Showing that he is not Capable to discharge the trust in him reposed 
and prayes that Jacob Blount another Bro r of y e said John may be 
appointed Guardian to y° said John in his stead 

Ordered that Letters of Guardianship do Issue out to the said Jacob 
Blount as prayd for 



[From N. C. Letter Book op S. P. G.] 



COLL. EDEN TO THE SECRETARY 

Chowan North Carolina May 10 th 1716 
Sir 

I rec d the honour of yours dated Nov r 18 th last but the 5 th day 
As soon as the Vestry's can be called of this precinct, the place of M r 
Urmston's residence, I shall in obedience to the Commands of the Most 
Honorable Society recommend that Gentleman's case to them and make 



228 COLONIAL RECORDS. 



not much doubt the members will relieve him in the affair he complains 
of to your Board and as for the Precinct of Pasquotank he has already 
rec a part of that money and the residue will be paid in by Tuesday in 
Whitsun week which is the time appointed by that Vestry for it; I have 
particularly recommended that matter to the Secretary of this Province 
who I am well assured will take all necessary care of him. 

If M r Urmstone is not so happy in this place as he might have been, 
I doubt he has but himself to thank for it; He has been but a moderate 
conductor of his affairs, which I believe has run him into so many ill 
conveniences that he easily might have avoided, But having spoken so 
largely of that Gentleman already, I care not for mentioning him now, 
nor should I have done it had it not been in regard to the Country 
whereof I have the Honour to be Governor. 

I take the liberty to enclose with this an Abstract of an Act of Assem- 
bly made here the last Winter which I beg Sir you will lay before the 
Society. It may serve to give those Gentlemen a specimen of the incli- 
nations of these poor people Tenn 13 to my Masters the Lords proprietors 
w ch are not so black as they have been painted, but on the Contrary are 
as willing as any of his Majesty's Subjects on the Continent to contribute 
to the utmost to the subsisting of Ministers that are Gentlemen of good 
lives and affable behaviour & conversation. Though hitherto it has been 
their misfortune to be in a manner void of such necessary instructors, I 
dare not presume to ask any favor of the Gentlemen of the Society. 
They being the only Judges how, for they can extend their nursing care 
to a poor uninstructed people. But if we cannot be so happy as to pro- 
cure ministers for each four parishes would they but please to send us 
schoolmasters qualified, as mentioned in their mosf excellent rules. I 
verily believe the Inhabitants would willingly pay them the greatest part 
of their Salaries established by the Act for reading the Service and Cat- 
echising the Children reserving the overplus to any of your Missionaries 
who should visit them twice or thrice in the year. 

In most of the parishes they have already established two or three 
readers who are the most capable persons we can get here. To some of 
which they allow pr. Ann thirty pounds. To others twenty pounds and 
to none less than Ten pounds. 

The Gentleman you mentioned to be ordered from the Southward to 
Bath County is not yott arrived whenever he does I wish he may be 
such an one as they have need of otherwise he may prove of ill conse- 
quence by giving room to Sectaries breaking in upon the people, who 
as yet have few or none amongst them. How soon they mav be fur- 



COLONIAL RECORDS. 229 



nished I know not. They beginning now, to reap the benefit of Peace 
with the Heathen, which since my former I have had the good luck in a 
great measure to procure for them & make but little doubt of Establish- 
ing that great blessing. 

I intend in the. Fall to settle at Pemptisough with my Family & entreat 
your Favour with the Society, that an honest Gentleman may be 
appointed thither, where I am confident the poor People would do any- 
thing to encourage him to discharge so great a Trust, and whilst I am 
speaking for what I should esteem my own particular happiness to have 
the conversation of such an one, So you may be assured I would let noth- 
ing be wanting in my part make every thing Expedatious. 

I beg my most humble duty to the most Honourable Society, whose 
commands I shall always Esteem my happiness to Obey whenever you 
communicate them to him who is with great respect 
Sir Your Most humble Serv' 

CHARLES EDEN. 



[B. P. R. O. B. T. Proprieties. Vol. 10. q, 77.] 



MEMORIAL FROM M r BERESFORD, REPRESENTING THE 

PRESENT STATE OF SOUTH CAROLINA. 

(23 rd June 1716.) 

To the R' Hon Me the Lords Commissioners of Trade and Plantation. 
May it please your Honours 

The present State of South Carolina is as follows. 

That Province having for a year past been engaged in Warr with the 
Indians Numbers of its Inhabitants have been destroyed by Fire and 
sword and many more have deserted the Place. 

The small number of whitemen (fit to bear arms) that are left continue 
to desert the Province and had not the Government of Virginia and 
North Carolina sent to their assistance about two hundred men (for part 
of whom they were obliged to consent to Terms almost impossible to be 
complied with) many more if not the greatest part of the present Inhabi- 
tants would in all probability have deserted. The whole Province being 
thus distressed and despairing of further assistance from other American 
Colonies as also from the Honorable the Lords Proprietors of that Prov- 
ince were under a necessity of making application to the King and Par- 
liament to enable 'em to subdue or reduce their Enemies to Reason. 



230 COLONIAL RECORDS. 



Accordingly their Case by Petition from their agent and severall Mer- 
chants of London trading thither was on the 9 tb of Augs' last laid before 
the Parliament and after an Examination before the Committee. The 
Honorable House of Commons were pleased to address his Majesty to 
send to the assistance of Carolina such supplies as in his great wisdom 
should be thought needfull, the charge of which to be made good in the 
next aides 

Whereupon his Majesty was graciously pleased to send a sufficient 
Quantity of arms & ammunition but the unnatural Rebellion obstructed 
sending men. 

By advices since the said Stores of War were sent which came with 
Petition from the Upper and Lower Houses of Assembly of that Prov- 
ince to his Majesty for relief and protection it has been represented that 
a supply of men and money is the chief of what they stand in need of 
without which they are in the greatest danger of loosing that Province, 
the remaining small number of its Inhabitants being almost wearied out 
through continual fatigue and the charge insupportable. 

A second Petition from the Agents Merchants and others to the King 
praying that some of the Rebels who petitioned for to be transported 
might be sent to Carolina to serve in the time of their Extremity until 
better provision could be made for them was under the consideration of 
his Majesty and the Lords of the Council. By other Letters and advices 
received the beginning of March last from the most interested and credi- 
ble Inhabitants it appeared that notwithstanding they had made peace 
with one Nation of their Indian Enemies they were still obliged to em- 
ploy all the force of Whitemen they could raise together with many of 
their black slaves against those Nations of Indians who were the for- 
wardest to begin the War and have since comitted the greatest Barbarities. 

All which Representations and Applications being made to this Gov- 
ernment and also by proper persons here made known to the Honourable 
the Lord Proprietors and no sufficient assistance sent them. About the 
beginning this instant June arrived here from that Province another 
address to the King and a letter from the Assembly there very plainly 
setting forth their present State which having been shown to the Hon- 
ourable the Lord Cartwright and others the Lords Proprietor*- of that Pro- 
vince they have signified their dislike thereto and as we have too much 
reason to fear will not only refuse to consent to what may be necessary on 
their parts but also endeavour to invalidate the said Representation which 
obliges us the more earnestly to make all the application we are able that 
the condition of those distressed subjects may in the most effectual man- 
ner be laid before and come under the consideration of his Majesty and 



COLONIAL RECORDS. 231 



the Government with the greatest Expedition. The objections answered 
and the Province assisted by this Nation with men and money which if 
timely effected may prevent the destructive confusion if not utter ruin 
of that Frontier to the French Spaniards and Indians of all the English 
Plantations on the Main of America whose scituation and Extent makes 
it capable of improvement in the best of commodities and Trade, on which 
subject we beg your Honours Patience will suffer us a little to enlarge 
and also to deliver some copies of the yearly imports and exports of the 
Province before their present troubles and thereby to expose the designs 
of the French and make known the advantages which will accrue to this 
Nation by preventing them and encouraging the cultivating of that fruit- 
ful Land. By many former circumstances as well as by the late Let- 
ter from the Assembly of Carolina there is too much reason to be assur'd 
that the French (who live and trade with the Indians from Quebeck and 
along the Lakes of Canida and Southward too and down the great river 
of Messisippi to Fort Morilla scituated on a River near the Mouth of 
the said great River with the Bay of Mexico) have stirred up and 
encouraged severall Nations of Indians to this War. 

And as the French have of late years (very far with the bounds of the 
Charter of Carolina) settled themselves on the back of the improved part 
of that Province by which they are as near those Indian Settlements who 
were in alliance with Carolina as the English there are, and thereby hav- 
ing possessed themselves from the Northermost part of the Sea to the 
Southermost on the back of all the most valuable Brittish Plantations 
and Colonies on the Main of America and having with them very numer- 
ous Nations of Indians. Tis too obvious what they (especially South 
Carolina) must expect whenever a Rupture with France may happen if 
not before It's also as obvious how formidable the French will grow 
there during Peace, considering how industrious they are in frequently 
supplying their Settlements with People &c. An Instance of which we 
were let to know by late advices from France that shipping with Men 
and Women were going from Brest to their New Colony Luciana on 
Missisippi which by the small number of Inhabitants in Carolina the 
French had the opportunity to begin and by the present troubles with 
the Indians are encourag'd to encrease. 

Carolina being the only Southern Frontier of all Brittish America both 
to the French and Spaniards who have sheltered those very Indians who 
comenced this present War with the English it is humbly presumed that 
a settlement of his Majestys Subjects on one of the Bahama Islands (now 
inhabited only by a few scattered English Settlements notorious for being 
without Governmen* &c) with a small garrison there it being on the 



232 COLONIAL RECORDS. 



Eastermost side of the Gulf of Florida, and the like Settlement and 
Garrison on Port Royall Island adjoyning the main land of Carolina on 
the opposite side of the Gulf, and as occasions might be vessels appointed 
to attend that short Cruise would be the greatest security imaginable not 
only to Carolina but to other American Colonies possest by the English. 

Those Islands being a very pleasant and profitable Climate when pro- 
tected and encouraged will very soon florish and fill with Inhabitants and 
in some measure deter the French from increasing their Settlements on 
Mesissipi for as much as it will be difficult for any ships to come through 
the Gulf (as all Spanish Galloons and French from Mesissipi and Morilla 
are obliged to) but they will be discovered. Port Royall Island hath an 
extraordinary Harbour for shipping by all Pilots allowed to be the best 
upon the coast of Carolina having about four fathom Water on the most 
difficult Entrance and abounds with Provisions and Naval Stores and 
amongst the Bahama Islands it is beyond doubt there want not the like 
advantages for such an undertaking. 

That in time of Peace it is much more adviseable to make such Settle- 
ments on the said Islands than in time of War is humbly presumed 
wants no Demonstration. 

Carolina being thus circumstanced and capable of affording greater 
quantity of valuable produce than any other part of British America, as 
the best of Rice in abundance, all manner of Timber for building, ship- 
ping in great plenty, Pitch, Tar, Turpentine, Rossin, Indigo and Silk 
which has been manufactured in London and proves to be of extraordi- 
nary Substance and Lustre omitting to mention the great quantity of 
provisions and other necessarys it affords the Plantation. 'Tis humbly 
hoped the King and Parliament will be of opinion that it merits a par- 
ticular notice and Protection. 

That Colony being capable of producing sufficient quantities of many 
of the aforesaid commodities not only to supply great Brittain but several 
other parts of Europe the first costs of which being paid for in british 
manufactorys and the whole freight redounding to his Majestys Subjects 
are circumstances worthy the notice of the Legislature. 

If the Inhabitants of Carolina and the Bahama Islands were more 
numerous and protected it is not doubted but that several other produc- 
tions would thrive well in that climate as sentchanel, sugar, Fruit Coffee 
Olives Spanish vines Drugs and Cotton Wool & has been tryed & comes 
to perfection not to enlarge on the mines of silver if not gold which are 
expected to be found in the Appalatia Mountains, scituate between the 
Frenches new settlement on Mesisseppi and the improved Part of 
Carolina. 



COLONIAL RECORDS. 233 



There are also great quautitys of Cedar & Cypress far exceeding any 
Norway Deals being free from Knots of curious white colour, great 
lengths proper for floring of the most magnificent Buildings. The Cedar 
for some uses far exceed any other sort of wood and at the request of 
some Noblemen and Gentlemen of this Nation hath been brought into 
this Kingdome but the Importers being obliged to pay duty for it as 
Sweetwood amounts to a Prohibition the further Importation thereof has 
been quite discouraged our navigation lessend and and given to Foreign- 
ers of whom we purchase in part with Money and loose the advantage of 
Freight 

RICH* BERESFORD. 



A DEMONSTRATION OF THE PRESENT STATE OF 
SOUTH CAROLINA. 

The value of the Province the year before the Indian War 
viz' Lands, Negroes, Stock Merchan dez and all other Prof- 
fitt and Improvements by an Assem bl the sum total 
amounting to , £709,763 

The value of the Province is diminished by destruction, | 

desertion &c : at least a third which is / £236,587 

The Bills of Credit made current before the War and now 1 

extant are / £44,000 

The Debts and Bills since the War £140,000 

The value of Ten thousand Negroes at Twenty pounds 
each which being the only thing the Inhabitants can 
carry with them when they desert the Province or im- 
prove their Lands and subsist themselves with, while 
there they will never part with and therefore the sum 
of them to be deducted which is £200,000 

The remaining sum to be exosted before their Debts will" 
be equal to the value of their Lands and other Stock 
after which (in point of Interest) it seems to be equal 
for the Inhabitants to leave the Province or stay & pay 
the Debt if their Troubles were at an end, but if the j> 89 176 

War continue & the Inhabitants remain on the Land 
there is too much reason to fear they will be reduced to 
the miserable condition of their Neighbours in the Ba- 
hama Islands, which we hope his most gracious Majesty 
the King under God will timely prevent £709 763 

30 



234 COLONIAL RECORDS. 



[B. P. R. O. Journals B. T. Vol. 26. p. 36.1 



Whitehall Thursday June 28 th 1716 

At a Meeting of H. M. Com" for Trade & Plant 8 

Present 
M r Cockburne M r Cooke 

M r Chetwynd. M r Docminique 

M r Addison. 
M r Boone & M r Beresford attending with M r Godin and another Gen- 
.tleman lately come from Carolina M r Boone acquainted the Board that 
he was ordered by the Assembly of Carolina to return their Lordships 
thanks for their endeavours to put that Province" under the im- 
mediate protection of the Crown, And being asked how the Indian 
war stood there at present, they said it was not yet over nor had they 
heard that any advice was arrived at Carolina of assistance by means of 
Brigadier Hunter from the Indians at New York That in their opinion 
that war could not be put an end to by Indians only without the assist- 
ance of white men — But it being observed to them that the Province of 
Carolina had not comply'd with their engagements to Virginia for the 
assistance they have had from that Colony, M r Boone said that their first 
Contract became impracticable but that the Province of Carolina had 
allowed fifty shillings a head per month in lieu of each Negro woman 
they were to furnish and that he did not doubt but the difference be- 
tween those Colonies would be soon accommodated. 



[B. P. R. O. N. C. B. T. p. 89.] 



Lindsey House July 27 th 1716. 
Present 
Lord Carteret Palatin 
M r Bertie 

S r Fulwar Skipwith 
S r John Colleton 
M r Danson. 
Resolv'd that Blank Deputations be sent to North Carolina 
M r Eden's Report about the laps'd land in answer to their Lord ps let- 
ter to him of 26 th March last with several Queries to M r Lee and his 
Answers were read 



COLONIAL RECORDS. 235 



And their Lord" 8 were of opinion that M r Eden's said Report & Re- 
marks &c are a full and just vindication of their Lord pB Officers in that 
part of the Province from the unjust and malicious complaints of M r 
Lee in relation to the Laps'd Land. 

It was their Lord ps opinion that the Tenants ought to be held to their 
covenants in their Grand Deeds in relation to the payment of their Quit 
Rents but that all the purchase money now due for land should be made 
in Sterling Money or sixteen penny weight the Crown or in the produce 
of the Country equivalent thereunto And their Lordships resolv'd to put 
a stop to the selling of lands of North Carolina but at their own Board 

Ordei^d that a letter upon this subject be prepared by the Secretary to 
the Council and Assembly of North Carolina. 



[B. P. E. O. B. T. No. Cakolina. Vol. 6. p. 35.] 



LETTER TO THE COUNCIL & ASSEMBLY OF NORTH 

CAROLINA. 

1716. August 1 st 
To the Council and Assembly of North Carolina Gentlemen, 

Our Governor M r Eden having sent the Laws of our Province of 
North Carolina, as they were revised and settled by you at the last meet- 
ing of your Bienniall Assembly which began on the 13 th Nov r 1715 
that we might peruse and give Our Approbation of the same ; We do 
hereby assure you that we will carefully look them over, and ratify and 
confirm such of them as may any way contribute to the good Govern- 
ment Trade or Welfare of our said Province, and shall take care to 
transmit them to you with what convenient speed we can. 

But in the mean time we cannot but take notice how unreasonably you 
concern yourselves in matters relating only to Us, which is our property 
vizt. You wou'd in a Clause of your last Act of Assembly oblige Our 
Receiver to take your Bills for the purchasing of Our Lands, and for 
the payments of the small quit Rente we have reserved by the Deeds of 
Sale. We think you have nothing to do with our Lands and therefore 
you must expect to receive that Clause ai least, in that Act of Assembly 
repeal'd. 

We are of opinion that our Tenants ought to be held to their Cove- 
nants in their Grand Deeds in relation to the payment of their Quit 
Rents and that all the purchase money now due for Lands sliou'd be 
made in sterling money or at sixteen penny weight the Crown, or in the 
produce of the Country equivalent therunto. 



236' COLONIAL RECORDS. 



We are further to inform you Gentlemen that we have resolv'd that no 
more Land shall be sold in Our Province of North Carolina, but that 
such sales of Land only as are made here at our Board shall be gtfod. 

We desire you to remember that all Laws pass'd by the Assembly, 
after they are repeal'd by Us are voyd, and that no Law whatever either 
already pass'd or that hereafter shall be pass'd can be in Force for any 
Longer time than two years, unless such Law is within that time con- 
firmed under the Hands and Seals of Lord Palatin and four more of the 
Lords Proprietors. 

M r Eden has sent to us a Petition he received from the Freeholders 
and Inhabitants of Bath Town in the County of Bath may be made a 
Sea Port Town, and a Corporation ; We are very willing to indulge the 
Inhabitants of our Province in any reasonable Request, and we have 
therefore order'd Our Secretary to draw an Instrument to signify to the 
Custom house here Our Pleasure that the Town of Bath shall be made a 
Sea Port Town, and to send a Duplicate of the said Instrum' to you that 
you may lay the same before the Surveyor General of the Customs when 
he shall arrive in Our Province of North Carolina. 

We doubt not Gentlemen of your Endeavours for the Good of our 
Province; So We bid you heartily farewell, and are, 
Your very loving Friends 

CARTERET Palatin 

JA : BERTIE for Beaufort 

FULWAR SKIPWITH for Craven 

M. ASHLEY 

J. COLLETON 

J. DANSON 

August y° 1 st 1716. 



[B. P. E. O. B. T. No. Carolina. Vol. 6. p. 39.] 



1716 August 1st 
John Lord Carteret Palatin, Henry Duke of Beaufort, William Lord 
Craven, Maurice Ashley Esq™ S r John Colleton Bar' John Danson 
Esq 10 and the rest of the true and absolute Lords Proprietors of the 
Province of Carolina, To all to whom these presents shall come Greet- 
ing. 

Whereas by a Royal Charter bearing Date the 30 th Day of June in 
the 17"' year of the reign of King Charles the 2 d there is granted to us, 



COLONIAL RECORDS. 237 



Our Heirs and Assignes, full and absolute Power and Authority to make, 
erect and constitute within the said Province and Territory, such and so 
many Seaports, Harbours, Creeks and other places for Discharge and 
unlading of Goods and Merchandizes out of ships, Boats and other Ves- 
sels, and for lading of them in such and so many Places and with such 
Jurisdictions, Privileges and Franchises, as to Us shall seem most expe- 
dient, and that all and singular the ships, Boats and other Vessells which 
shall come with Merchandizes and Trade into the said Province or Ter- 
ritory, or shall depart out of the same shall be laden and unlade at such 
Ports only as shall be constituted by Us the Lords Proprietors of the 
Province aforesaid, Our Heires and Assignes and not elsewhere, any Use, 
Custom or anything to the contrary in any wise notwithstanding. And 
whereas several of the Inhabitants of the Province of North Carolina 
have represented to us the several and great conveniences and advantages 
that may accrue to his Majesty's subjects in General by constituting and 
erecting a Port at Bath Town in the County of Bath, being, as the 
alledge the most proper place within the said Province for ships to take 
in Masts, Pitch, Tar Turpentine and other Naval Stores for the use of 
his Majesty's Fleet, and which may be purchased by such Merchandizes 
and Comodities, as are of the Growth, Production and Manufactory of 
his Majesty's Kingdom of Great Britain. We therefore (being desirous 
to render the Province of Carolina as usefull as may be to this his Maj- 
esty's Kingdom of Great Britain, and also considering what great Tracts 
of Land lye contiguous to the said Bath Town which may afford great 
quantities of Naval Stores Pursuant to the said Power granted to us by 
the said Charter & Patent have erected, constituted and appointed the 
said Bath Town, within the Province of North Carolina aforesaid to be 
a Seaport for the Discharge and unlading of any Goods, Merchandizes 
or Wares out of any ships, Boats or Vessels whatsoever, and for lading 
the same again, but with such Jurisdictions, Privileges and Franchises as 
to any other Sea Port within the said Province of Carolina shall in any 
wise belong or appertain. Provided always that all ships and vessels 
whatsoever coming into or going out of the said Port of Bath Town in 
the County of Bath aforesaid, and lading or unlading any Goods or Com- 
odities there, and the Masters and Commanders thereof and their ladings 
shall be subject and liable to the same Duties and Visitations, Searches, 
Penalties and Forfeitures, as any Ships and their Ladings and any Com- 
manders and Masters of Ships are subject and liable to, by virtue of any 
Act or Acts of Parliament relating to Trade and Navigation in any other 
Sea Port whatsoever in any of his Majesty's Provinces Colonies or Plan- 



238 COLONIAL EECOEDS. 



tations in America. Given at S' James' under our Hands & Seals this 
1 st Day of August A. D. 1716. 

CARTERET Palatin. FTJLWAR SKIPWITH for CRAVEN. 
J. COLLETON JA: BERTIE for BEAUFORT, 

M. ASHLEY. J. DANSON. 



[B. P. R. O. B. T. No. Carolina. Vol. 6. p. 37.] 



LETTER TO THE GOVERNOR OF NORTH CAROLINA. 

To Charles Eden Esq re 
Sir, 

Your Report, in answer to our Letter wrote to you 26 th March 1715 
concerning the ill use some of our Officers made of the Law pass'd in 
the Assembly, relating to laps'd Lands, And also several Queries you 
put to M r Lee and his answers thereunto, and a Petition of the Inhabit- 
ants of Craven Precinct, with your Remarks upon the Cases of the sev- 
eral Petitioners were this Day read at Our Board, and after a due con- 
sideration of those papers, we were all of Opinion, that they were a full 
and just Vindication of our Officers from the unreasonable and malicious 
Complaints made against them by M r Lee. But that which gives us 
great satisfaction in your Report, is where yon take notice that the Inten- 
tion of our Letter to you was the Relief of Orphans and Widows and 
others who were render'd Objects of Compassion by the Calamities of the 
War, but you say hitherto very few have appear'd under those Circum- 
stances, but if at any time such shall make their Case known, with very 
great pleasure you will do every thing in your Power for their Relief 
that we can require of you, This is all that We desire of you ; For what 
We have constantly at heart is, that justice may be carefully and duly 
administer'd in Our Province, and that the Peace and Satisfaction of all 
the Inhabitants under Our Care be most effectually established. 

The Body of your Laws have been laid before Us, We shall take care 
to peruse them, and repeal or confirm them after due Consideration, as 
"we shall think most proper and convenient for the Service of the Coun- 
try. What We have clone in relation to the Bills passing in payments 
to Us for our Lands and for our small Quit Rents, We refer you to our 
Letter to the Councill and Assembly, but we have resolv'd that no Land 
shall be sold in the Province under your Care, but that such sales only 



COLONIAL RECORDS. 239 



of Land as are made at our Board shall be good and of this We expect 
you shou'd give M r Maule Our Surveyor General notice. 

We have consented that Bath Town according to the Petition sent by 
you shall be made a Sea Port Town, and we have given our Secretary 
Orders accordingly. But how or after what manner it shall be made a 
Corporation we have taken time to consider of. We wish you all hap- 
piness and success in your Government and are, 

Your very loving Friends. 
CARTERET Palatin 
JA: BERTIE for BEAUFORT 
FULWAR SKIPWITH for CRAVEN 
M. ASHLEY 
J. COLLETON 
J. DANSON 
August 1" 1716 



[Council Journal.] 



The Hon bl6S 



Esq r Lds prop' ra Dep' ys 



Noeth Carolina — ss 

Att a Council holden at the Chappell in the Precinct of Chowan on 
Fryday y e 3 d day of Aug 8 ' 1716. 

Present The Hon Me Charles Eden Esq r Governo r Cap' Gen" Adm" 
Tho" Pollock 
Nath Chevin 
W m Reed 
Ch r Gale 
Fra s Foster 
|^ T Knight 

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

Ordered that the same be granted as pray'd for 

Upon petition of William Barber Shewing that his Father Charles 
Barber had a Tract of Land Containing acres Granted to him by 

Pattent dated April 1712 which said Land is now Elapsed for want of 
being seated in due time pursuant to the Tenor of y" said pattent and 
prayes y e same may be granted to him 

Ordered that y" same be granted as pray'd for 



240 COLONIAL RECOKDS. 



Upon Petition of Co" W m Maule Shewing that a Tract of Land lye- 
ing upon y e horse swamp in Chowan was formerly Granted by Pattent 
to. John Early which said Land is now Lapsd for want of seating 
pursuant to y e Tenor of y e said Pattent and prayes that the same may be 
Granted to him 

Ordered that the same granted as prayd for 

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

Ordered that the same be granted as prayd for 

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

Ordered that the same be granted as prayd for 

Anne Smyth by an Instrument of writeing under her hand and pro- 
duced to this Board made a Publick renunceacon of her Guardianship 
to Anne Mackoy an Orphan child of James Mackoy's Deed and prays 
that Mr John Porter may have y° Guardianship of y° said Orphan 

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

Upon Eefferrince from the Last Council board Major Thomas Luten 
comes by his Petition Setting forth that Madam Polluck by her Last will 
and Testament bearing date y" Twentyeth day of May 1712 haveing 
nominated and appointed him the said Luten to be Executo 1 of her Last 
will and Testament and for y" Continuacon of the Executorship of divers 
other Wills whereto she was Executr she did in that her Last will and 
Testament by a particular Clause nominate and appoint yo r petitioner to 
be Execut r to all those wills to which she was Executr x of and he havein 
according to Law Caused the will to be provd in the General Court of 
this province and prayes that it may be entered upon Record and that he 
may have Letters Testamentary Granted thereon according to Law that 
the Execucon of those wills and Testaments whereof she was Executr 1 
may not be retarded and that such things in action as pertaine to y" said 
Ester may be fully Administered according to Law 

And Farther prayes that if any Caveat be entered against Letters Tes- 
tamentary being Granted on y" said Esters Will that he may have a 



COLONIAL RECORDS. 241 



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

And the Hon bl8 Thomas Pollock who was the Husband of the said 
Hester at the time of her Decease haveing duly Entered a Caveat against 
y e probate of y° said Will or against any Letters Testamentary being 
Granted thereon likewise came this day and argued his reasons for y° 
same and this Board haveing duly heard and Maturely considered the 
reasons urged on both sides are of Opinion and do hereby Order Adjudge 
and Declare that so farr as the said Will relates to the Estates y' was of 
Co 11 William Wilkenson Decs'd y° former husband of y e said Ester or y" 
Estate that now is of the said Coll Thomas Pollock is voyd and y' and 
that Letters Testamentary ought not to go out thereon But that Letters 
Testamentary may be granted on the said Will so farr as it relates to the 
Executorship of M r Harveys will therein mentioned 

Upon Petition of John Avery Shewing that sometime in August 1713 
y e said Avery being in Prince George's County in Virginia met with one 
John Fox aged ab' fifteen years who being Desireous to live in North 
Carolina to learn to be a Ship Carpenter bound himselfe an apprentice to 
y 8 said John Avery for Six years before one Stith Boiling Gent one of 
her Maj" 88 Justices of y" said County as is practiable in y e Governm' of 
Virginia whereupon y e said Avery brought y" said Fox into North Caro- 
lina with him and Caused the sd John his said Apprentice to be Taught 
and Instructed to read and write and was at other Charges and Expences 
concerning him and haveing now made him serviceable and usefull to 
him in y" Occupation of a Shipp Carpenter to y° Great Content and 
Seeming Satisfaction of the said Foxes Mother and Father in Law one 
Cary Godby of Chowan Precinct But y e Said Cary intending to profKtt 
and advantage himselfe by the Labour and usefullness of y e said John 
Fox hath advised the said Fox to withdraw himselfe from yo r petition' 8 
service and to bring along with him his Indentures of apprenticeship & 
is now Entertained and harboured by the said Cary Godby and there- 
fore prayes that the s d Fox may be apprehended and brought before this 
Board their to be dealt with according to Law 

Accordingly the said Fox and y" said Godby this day appear'd and y 8 
matter being debated and maturely Considered by this board 

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

31 



242 COLONIAL RECORDS. 



Upon Petition of Emanuel Lowe Gent Showing that his Father in 
Law John Archdale Esq r Govern 1 of North Carolina purchaseing a Tract 
of Land in Pasquotank precinct lyeing in the mouth of New begun 
Creek Containing One Thousand and Six Acres Gave y e same unto y e 
said petitioner and y* some time in the month of February Anno Dom 
1696 dureing the time of his being Governo r of Carolina he sign'd and 
pats' a purchase pattent for ye same according to y" Custom of N° Caro- 
lina in y e petitioners name and y 6 petitioner not being then an Inhabitant 
of N° Carolina the said John Archdale Esq r left the same in the hands of 
Daniel Akehurst Esq 1 Attorney of y" said Archdale who afterwards 
caused the same to be recorded in the Secretarys Office by order of y" 
said John Archdale Esq 1 which Orriginal pattent has been seen by divers 
persons particularly by M r Joseph Jurdane who married the Daughter of 
y" said Akehurst and by M r W m Everigen but the Pattent being lost your 
petition 1 " Title to y B same may be like to be called in Question prayes 
that a purchase Pattent for y e same One Thousand & six Acres may be 
granted him 

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

Upon Petition of James Beezly setting forth that a Tract of Land on 
Morratack River formerly Granted to Rich d Davenport is Lap sd for want 
of being Seatted in Due Time pursuant to y e said Pattent and prays y e 
same be granted to him 

Ordered that the same be granted as pray'd 

Then this Board adjourned till to morrow nine of y 6 Clock 

Saturday Morning Nine of y° Clock this Board mett at the house of 
y e hon ble y° Governo 13 

Present the hon bl8 the Governo" &c 
' Tho 8 Pollock 1 
W m Reed 
The Hon" 1 " { ffra s Foster 
T. Kuight 
^ N Chevin 

The Hon Wo Governo' haveing Communicated to this Board a Letter 
from the Governo 1 of Verginia thereby acquainting him of his Intention 
to Settle the Enoe, Sawra & Keeawawes Indians at Enoe Town and to 
desire y" Concurrence of this Government thereto which being Consid- 
ered by this board it is their Opinion that this Governm' cannot by any 
means Concur in that affaire by reason that a Letter lately received from 



Esq" Lds proprietors Dep u 



COLONIAL RECORDS. 243 



y e Governo' of South Carolina and also laid before this board wee are 
assured that Sawraw Indians are now in Actual Warr against y° Inhab- 
itants of that Governm' and we have also reason to believe that the Enoe 
and Keeowaws are also engaged in y e Same Warr 

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

The Hon* 1 * the Governo r haveing also communicated a Letter to this 
Board from y e Governo r of South Carolina wherein he desires that some 
of our Indians and white men may be sent out to annoy the sawraAvs and 
other of y e Northward Indians and Enemies to that Government 

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

The Hon ble the Governo r haveing Laid before this Board some papers 
said to be a Coppy of the Journal of the Lower house assembly Dated 
in Novem br 1715 wherein amongst other things are Conteyned the follow- 
ing Resolves (viz) Resolved that that the Impressing the Inhabitants of 
this Governm' or their Effects under pretence of its being for y" Publick 
Service without Authority of Assembly is unwarrantable A Great In- 
fringm' of the Liberty of y e Subjects and very much weaken y° Gov- 
ernm' by causeing many to Leave it 

Resolved that the Late 111 Treatment of y 6 Core Indians Contrary to 
the articles made with them and the Teno r of an Act of Assembly relate- 
ing to Indyan Affaires very Injurious to the Justice and Regulation of 
this Governm' and is likely to involve this Government if not a Warr 
\v tb y e Indians. 

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



244 COLONIAL RECORDS. 



Resolved that Co 11 Edward Moseley Speaker M' Joseph Jessup Co" 
Thos Boyd M r W m Swan M r John Porter Cap' Fred k Jones and M r 
Daniel Macfarlan or any four of them have full power and Authority to 
represent the Deplorable Circumstances of this Governm* to y e Lds pro- 
prieto ra and that their Ldsps be Intreated to accept of y e Publick Bills 
of Credit for y e purchase of Lands in this Governm' as well as in South 
Carolina 

It is the Opinion of this Board that the said Resolves and Every of 
them were Clandestinly obteyned and entered in the said Journal on 
purpose to Torment and Create Differences unreasonable Jealousies and 
Contempt of y 8 authoritys of this Governm' for that no such resolves 
were ever Published at the same Assembly nor Communicated to y° 
upper house at the time of y e Setting of y" said Assembly as in such 
Cases are used and ought to have been and particularly As to the first 
resolve it is the Opinion of this Board that the same Tends very much 
to y e Infringement of y° Authorityes and powers of y 6 Government for 
that it is undoubtedly prerogative to imppress and provide such necessa- 
ryes as they shall see fitting on any present Invasion Insurrection or 
other pressing Emmergensies or unforseen necessaties 

As to y° Second Resolve it is y" Opinion of this Board that the same 
could be devised for no other Intent or design than to Create Jealousies 
and 111 affections in y e People to wards y e present Administration of y e 
Governm' for y' the Core Indian had always Since y e Treaties of peace 
with them the Greatest Indulgences till by an Open violacon of y e said 
Treaties they attempted to murther one of her maj' ies subject and stood 
out as Enemies in the utmost Deffyance of this Governm' and that what 
proceedings was afterwards had and Done Against them was done by and 
with y B Concurrencie and assent of y e Governor and Council upon upon 
mature Consideracon thereof first had 

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

And to y° Fourth resolve it is likewise the Opinion of this Board that 
the same was Devised on purpose to give some 111 and Disaffected per- 
sons the Liberty Clandestinly to vent their own malice to y 6 Lds pro- 
prieto™ against y° present administration under the nocon and ombrao-e 
of the Representatives of whole County. 



COLONIAL RECORDS. 245 



[From N. C. Letter Book op S. P. G.] 



LETTER FROM W RAINSFORD DEL" BY HIMSELF. 

Ang st 17 th 1716 
AVorthy S r 

The enclosed is a copy of a letter formerly sent to the Society by the 
Governor of North Carolina laying before 'em the then as well as present 
miserable State of the Inhabitants, for want of Missionaries to enlighten 
'em with the bright Shineing of Christianity in the dark corner of y" 
earth : His Honours meeting with no return of his first letter occasion'd 
the trouble of this, and he begged of me (being formerly a Missionary 
there) not only to deliver it to their Secretary with my own hands, but 
in his and the Country's name to implore further assistance from the 
Venerable Body in so momentous a concern. 

Since my arrival here I have been to wait upon my Lord Bishop of 
London with a letter from the Governor of Virginia relating to my own 
particular behaviour and managements in the plantations abroad ; His 
Lordship upon reading of it was pleased to express a great deal of satis- 
faction for the good services done by me in those parts; and ordered me 
to waite on the Society to know their pleasure whether they were inclined 
to send any further assistance to North Carolina the place it formerly 
belonged to. That poor Colony will soon be overrun with Quakerism 
and infidelity if not timely prevented by your sending over able and 
sober Missionaries as well as Schoolmasters to reside among them. These 
two years past every third Sunday I constantly preached in Albemarle 
County in North Carolina and have engaged others from going to Qua- 
kerism as can be attested by the Inhabitants : While I was in the Society's 
employ I served 'em faithfully and to the uttermost of my power and I 
shall again whenever there is occasion for the service of, Sir 
Your most Obe' & Humble Serv* 

GILES RAINSFORD. 



M r GUY TO THE SECRETARY.— (Extract.) 

I desire you to return my hearty thanks to the Hon Me Society for their 
seasonable relief and acquaint them that I shall always be ready and 
Careful to observe their directions. An instance whereof I have now 
given the Clergy at the said meeting when the Honorable Society's letter 
was produced before them by the Rev d the Commissary — wherein orders 



246 COLONIAL RECORDS. 



was given to him (with the advice and consent of the majority of the 
Missionaries to send one to North Carolina: Tho I was of opinion with 
the rest of my Brethren that none of us came directly within the fore- 
mentioned order as is expressed in our public letter- of thanks the 25 th of 
January yet in obedience to the Society's order and to express my readi- 
ness to promote their pious designs offered myself to undertake that Mis- 
sion but my loveing Brethren considering that I was- marry'd and my 
wife near the time of her delivery would not approve of my going & 
therefore chose the Rev d M r Taylor (being willing) to undertake that 
Mission 



[Council Journal.] 



Noeth Carolina ss. 

Att a Council holden at y° house of y e hon bIe Co 11 Thos Pollock in 
Chowan Precinct on Thursday y e 23 d day of August 1716 

Present the Hon We Charles Eden Esq r Governo 1 Cap'" Gen" & Adm" 
( Tho s Pollock ) 
The HoiW Nath Chevin VEsq r Lds proprieto r Dep ties 
[T Knight J 

Ordered that a proclamation be Issue out for Dissolving this present 
Assembly 

Upon Petition of Cap' Richard Sanderson praying Appraisers may be 
appointed to apprise y e Land assigned and laid out by act of Assembly, 
for a Town on Roanoake Iseland pursuant to y" said Act 

Ordered that Jno Man John Scarbro William Scarbro William Tillet 
Ralf Matham Daniel Lyndsey Thos Johnson William Johnson Moses 
Rinoe Tho E Spencer Joseph Berkeley Archibald Hartley being first 
Sworne thereto before some majistrate Doe appraise the said Land and 
make returne thereof accordingly 

The Hon ble the Governo r haveing laid before this Board a Letter from 
Co 11 William Brice Importing that a partie of Indians supposed to be 
Sawras have lately fallen upon them and Killed one white man and an 
Indian slave of y 8 said Brices and that the said Indians Appeare to be 
Extremely well armed provided with Ammunition and other Necessaryes 
by which we are Induct to believe that they are a party of those Indians 
who have been lately Treating with the Government of Virginia and 
have been there Supply'd with those armes Ammunition &c Wherefore 
this board do humbly request that the Governo r will be pleased to write 



COLONIAL RECORDS. 247 



to the Governo* of Verginia and desire him that he will not suffer any 
persons to trade with y e said Sawra Indians or any other of the South- 
ward Indians until! they shall Conclude a perfect peace with the Inhab- 
itants as well of South Carolina as of this Government. 



[B. P. E. O. B. T. Virginia. Vol. 60.] 



JOURNAL OF VIRGINIA COUNCIL. 

November 3 rd 1716. 
On reading at this Board sundry letters from Co" Eden Governor of 
North Carolina signifying that he hath declared war against the Saraw 
Indians & desiring the assistance of this Government for cutting off that 
nation it appearing to this Board by the aforesaid letters that the occasion 
of the war which the government of North Carolina have thought fit to 
enter into with the Saraws is grounded upon a rencounter between some 
of the inhabitants of that Province and a party of Indians supposed to be 
Saraws wherein the English were the Aggressors and attacked the Indians 
first without any provocation given on their part. This Board are of 
opinion that it is not advisable for this Government to assist in a war so 
unjustly begun & especially considering that the Saraws are under a 
treaty with us (by the consent & approbation of the governm' of South 
Carolina) & have the public faith for their safe passage into this govern- 
ment for concluding a peace And therefore the Council do approve of 
the Answer which the Governor hath already given to Co 11 Eden on this 
occasion as agreeable to the sense of this Board. 



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



M r URMSTONE TO THE SECRETARY— (Extract) 

North Carolina 

Nov r 13 th 1716 
Sir 

I have already acquainted you with the Report of your Letters by 

Capt n Godfrey (who to the Great astonishment of every body is come a 

second time with a small ship from London) that to the Vestry of Pas- 



248 COLONIAL RECORDS. 



quotank was delivered but is misunderstood by them : they imagine you 
want to knowe what they are willing to allow a Missionary and intend to 
make as large offers they did to me at my arrival & doubtless will be as 
well performed That Parish is now divided into two: the poorer half 
proposed to furnish me with a good House, Land, Stock of all kinds, and 
allow me £100 per annum, if I would abide altogether on their shore and 
yet the whole precinct was hard put to it to raise £30 in five years; it 
was collected in the produce of the Country in the space of three years and 
after 20 Journies 50 miles an end and several vestrys I first got £20 in 
paper money, and a year after with much ado, the remainder in like pay. 

This I have formerly suggested but suppose I am not believed, and no 
wonder, for it is not credible that a minister should be so treated by a 
people who would be thought Christians; and think you the Vestry will 
ever own it! convince me of an untruth they cannot I defy them. 

There was a vestry appointed for Chowan where I have resided six 
years and a half; several Essays have been made towards a meeting but 
there were a majority, at least we had Eight (whereof two refused to 
qualify themselves as the Act which I sent to the Society) directs and 
nowe they pretend without a new Act they are no vestry : all to evade 
paying me hoping by that means to drive me out of the Country as they 
have several others before me and so save their money. I offered to name 
others in the place of those that refused to act, but was answered that I 
was never levied by the parish and therefore not incumbent, the Gov r dare 
not take upon him to do it, for a great part of the Colony are ready to 
unite against him for attempting to remove some of our great officers. 
They say they will have him out by one means or another 

I am like to have a fine time out amidst such confusion : I took great 
pains this year to make divers sorts of grain Barley, Wheat, & Indian 
Corn, it pleased God to destroy all or most, quite throughout the Gov- 
ernment, we must be supplied from abroad or starve and to complete our 
ruin, we have no meat in most parts. I did once hope to have had pork 
& Bacon of my own, but shall not have a morsel save wheat I feed with 
Indian Corn which is very scarce with me. I have not enough to keep 
me with Bread six months — no Beef, Butter or Cheese no fat to butter 
one nor make soap, no Tallow to make me few caudles, so that we 

shall have a tedious winter long and Dark nights, hungry bellies and 
dirty linen, I have nothing to buy with, let one wants be what they will : 
swamp water goes down worse in winter than in Summer. My Credit 
is lost, I have had so many Bills protested that no body will trust me 
blessed circumstances but custom makes them something easier this is 



COLONIAL RECORDS. 249 



not the first complaint I have made, but expect I shall not be believed 
or not regarded wheretofore, 'tis strange living when a man is continually 
cracking his Brains how to get a Belly full of meat. I was not in Lan- 
cashire my native County at the time of the Rebellion, nor if there, 
would I have joined the Rebells, and why. I must, remain in Exile I 
know not, but if it be my doom, I pray I may have £40 per annum in 
two Bills of Exchange payable at Barbadoes, that in West India Goods 
would Keep my House handsomely. I made the like suit to the Society 
3 or 4 years ago and if complied with I had not needed to run into debt 
as I have done and draw faster than money became due, I hope I have 
some in Bank now & will eat Boild Corn and salt the year out, before 
I'll draw any more. Notitia Parochialis. I travelled as soon as the 
heat of summer was over quite through the Government from end to 
end, 100 miles southward, beyond Menze River 60 miles westwards Vir- 
ginia, and as far northeast. I baptized in the last half year 279 whereof 
11 adult, tho' the parents neglect, want of passage by land and water. 
I left many unbaptized in my travels I found the people of a temper 
throughout the Government very indifferent to religion will be at no 
pains or trouble about souls health and at the same time complain of me 
as if I were bound to go to every house, we have had no communion since 
Easter was twelve months as to other matters we continue statu quo 
These with my humble respect to the Honourable Society especially those 
who I am known to, are from 
Sir 

Your most humble serv' 

JOHN URMSTONE Missionary 



[Council Journal.] 



North Carolina — ss 

Att a Council holden at y" house of Cap' John Pettiver in Pequirnons, 
on Thursday y e 15 th day of Nov br 1716 

Present the Hon" 16 Charles Eden Esq 1 Goveruo r Cap' Gen" and Adm 11 
f Nath Chevin ) 
The Hon M V W m Reed VEsq r Lds proprieto 18 Dep' ies 
(T Knight J 
Cap'" Frederick Jones presented to this Board a Deputacon from Lady 
Blake Guardian to Joseph Blake one of the True and Absolute Lds pro- 
prieto 18 of Carolina thereby appointing him to be Dep' 7 to y" said Joseph 

Blake which was read allow'd and ordered to be recorded 
32 



250 COLONIAL RECORDS. 



Then the said Cap tn Fred k Jones took and subscribed the Severall 
Oathes by Law appointed to be taken for his Quallifycation and tooke 
his place at y" Board Accordingly 

The Hon ble y e Governo 1 laid before this Board a Letter from y e Lords 
proprieto rs directed to y e Council and Assembly of North Carolina and 
their being at present no Assembly the said Letter was opened and read 
wherein y e said Lds proprieto 18 has given this Board to understand that 
the Clause in the Act of Assembly oblidgeing the Receiver Gen 11 to take 
the Bills for Quitt rents &c be repealed and y' they Expect the purchase 
money and Quitt rents to be paid in Sterling money of Great Brittain 
or in the produce of y 6 Country to the value thereof 

Whereupon Daniel Richardson Esq 1 Receiver Gen 11 made application 
to this board to know how he should proceed in his Collection of y 6 Quitt 
rents that are now in arreares In answer to which this Board are of Opin- 
ion that he ought to pursue y e Lds prop rs Instructions to him but in regard 
of y" Great Scarcity of this present Yeare It is likewise the opinion of 
this board that where people are poor and readie to pay without further 
Trouble that he only recieve one yeare and lett y° Remainder stay in 
Arrears till y e next 

This Board taking into their Consideracon the Great Scarcity of Grain 
in the Country Doe ord r that no Grain be Exported from hence forward 
till farther Order from this Board and that the Collector and other Offi- 
cers of y e Customes within this Government and all others whom it may 
Conserne doe take notice thereof 

Ordered that the Secretary doe prepare a Letter to the Lds proprieto 18 
setting forth the Inconvenience that will Accrue to y B Country and y° 
Ldps by stoping the sales of Land 

Upon Petition of Gerrard Linch and Kathrine his wife Relict of Henry 
King Deces'd praying that Dividers may be appointed to Divide y e Estate 
of y" said Henry King 

Ordered that John Hardy Esq 1 Capt n David Henderson Lewis Brian 
and Tho 8 West or any three of them doe make an Equal Division of all 
y c negroes Goods & Chattells that were y° said Henry Kings into three 
Equal parts and then the said Katherine have her first Choice of one 
third thereof and that then the said Dividers do divide y e remaining 
Two Thirds equally betwern y" several Children of y° said Henry King 
the Eldest takeing his first choice and so proceeding to y° youngest and 
that the said Girrard Luich doe at y e next precinct Court held for 
Chowan precinct Give good and Sufficient Security for such parts of y* 
said Estate as shall be due to such young Children as remains under the 
Care of him y° said Gerrard and Catherine 



COLONIAL RECORDS. 251 



[B. P. R. O. Proprieties. B. T. Vol. 10. Q. 96.] 



EXTRACTS OF SEVERAL LETTERS FROM CAROLINA 
RELATING TO THE INDIAN WARR AND THE PRE- 
JUDICE THAT PROVINCE HAS RECEIVED FROM 
THE VIRGINIA INDIAN TRADERS REFER'D 
TO IN M r BOON & BERESFORDS RECE d 
Y e 5 OF DECEMBER 1716 

SOME PARAGRAPHS OF LETTERS PROM SOUTH CAROLINA. 

May y 6 15 th 1715. 

The Sarraws give out amongst the Wineaus and Norward Indians 
that they are ordered by the Virginia Traders to destroy this Country 
and do their utmost Endeavours to draw those Indians with the Wace- 
maus to their party, they offer them plunder and threaten they will des- 
troy all that will not side with them 

June y e 19 th 1715 

We have an account ^ some Indians that are lately taken that the 
Virginia Traders encouraged our Indians to do what they have done & 
promised to supply them at a much easier rate than our Indian Traders 
did and that they would give them much better treatment. We have 
the names of some of them who encouraged them to commit this barba- 
rous act. I shall not say any more of this matter till we have a further 
account. 

April y" 5 th 1716. 

S r 

I perceived in the accounts of our affairs in England that the Lords 
Comm 1 * of Trade are informed by M r Byrd of Virginia several things 
which he knows but little of. But in one particular he is right, which is 
our Traders trusting so largely their Goods to the Indians, but as to 
every thing else it is false notions of the management of Indians who 
are naturally proud and only want good stores of our goods to set them 
on mischief. And if they were to have a good supply of goods at Vir- 
ginia rates they would soon be our Masters, no people keeps their Indians 
in so much subjection as the Spaniards and only by keeping them poor, 
M r Bird makes mention of their Tributaries in how great order they 
keep them, which altogether are but very few and compounded of at least 
eighteen or twenty different nations and the largest of them not above 



252 COLONIAL RECORDS. 



eighty men and some but ten men. I heartily wish Virginia had all our 
Indians so we were but secured from them. That they may try whether 
their cheap selling them goods and kind usage would avail anything to 
such a number. There's another false ascertion from a new England 
Merchant that we used to set our Friendly Indians together to war on 
each other for the advantage of slaves, which you know to be Falce and 
that it was always our- care to keep them at Peace which we dearly pay 
for now. 

I desire you will also take notice of the False Eepresentation of the 
Virginians in England when S r Nathaniel Johnson was our Governor, 
wherein is asserted that the Cattabas are in their Government which to 
your knowledge is not & I have taken the Latitude of the most northern 
Towns of those Indian Settlements which I found to be to the north- 
ward of Charles Town but 89 miles 

April y e 23 rd 1715. 

Two or three days since came an old Indian Man from the Wacca- 
mawC Indian y* lives not far from the Wineaus Settlements he desired 
peace for those people, he declares that the Sarraws have ammunition 
from Virginia and that it is those who have done us the Mischief this 
Warr on the other side of Santee River. 

August y e 6 th 1715. 
Wee knowing that it was impossible the Waccamaus should be Sup- 
plied with ammunition from the Spaniards asked them how they came 
by it Since this war ; they answered that what little they had they got 
from the Sarraws who constantly used to carry Slaves, Skins and other 
goods taken from us (of which they had a large share) to Virginia in 
lieu of which they returned home with Ammunition and what else they 
wanted, this being a great abuse, we hope you will represent it as such 
for this means they have been and still are enabled to hold against us. 

Carolina Aug st 30 th 1715 

S r 

Our Negosation with Virginia you have a Relation of in our publick 
Lett 1 Nevertheless it may not be useless that I give you my thoughts on 
the designes and management of those Gentlemen. 

They advise us that our Northern Enemies have courted them for a 
Trade with them, and that they have layd them under a promise of a 
ceasation of arms against us ; and have order'd them to return with a 
certain Number of y" great men; y" which are to consist of all our 
Northern Enemies ; Math whom y e Coll Spotswood writes us v' hee 



COLONIAL EECOEDS. 253 



thinks if hee brings all of them to a Nutralitie it will be very much to 
our advantage. 

And I believe he designs no more, because Cap' Evans whom he sent 
hither as commander in chief of all his Forces: Declares that all his 
Instructions are that he shall not Fight against our Northern Enemies, 
wherefore I believe that Evans will return for Virginia. 

Now S r knowing how they treated the people of N° Carolina when 
they were at war with y° Tuskaroras, together with the fund of money 
layd out (and by whom) for y° carrying on of y B Indians Trayd. 

I must judge they are willing to have us in a continual war with our 
Southern Indians that they may have the whole Trade with the Northern ; 
Because it's certain as long as our war continues with any one party we 
cannot trade with the other. 

Butt a far greater mischief attends any of our Enemies being brought 
to, or allowed to be Nuters, because under that covert they will both 
supply and assist our Enemies : then the sweat and Blood of our people 
will center in the coffers of the Indian trading company of Virginia 
(the w oh I think they hope for). You will find in our address to y" 
King, we pray him to command that a war be proclaimed in Virginia 
with all our Enemies And I hope you will with all earnestness press it, 
the which being granted, we have reason to judge would soon end the 
war: But if the contrary and any of our Enemies stand nuter, the 
charge will ruin us and we must leave this our hopefull place. 

April 21. 1716. 

I find by an address of thanks from many merch 48 and others of Lon- 
don to Coll Spotswood Governor of Virginia he is esteemed to be our 
only supporter and deliveror out of the Hands of our Enemies now it 
must be confest that upon the arrival of M r Middleton who was sent to 
desire his assistance our messenger was receaved & treated at first sight 
with great civility and large promises of assistance but when the terms 
came to be stipulated he was forced to promise that for every man they 
suffered to come we should return an able Negro woman instead which 
should continue there and make good all the time each man should be 
absent and that the transportation of both black and white to and from 
the places should be at our cost and every man so sent should have 30 
f) month and that we should pay what debts they ow'd in Virginia as 
far as that 30 *® month would reach the number of men sent was 

But their officers and about 10 more excepted they were the most igno- 
rant creeping naked people that ever was seen for such a number to- 



254 COLONIAL RECORDS. 



gether and I verily believe many of them did not know how to load a 
gun some of them did confess they never did fire one, the armes that 
were sent with them were like themselves and so broke and out of order 
that above three quarters of them were sent to the smiths to be mended 
and M r Middleton told us that the Governor had several hundred of 
choise armes which he desired part of for those men, the Gov' answered 
they were the King's and he could not spare them. He also supplyed 
us with some powder and shot but set such price on it in Buckskins y 
we could buy powder at 4 pound f! 66ft) cheaper in our own town when 
that arrived. 

When M r Middleton arrived and let us know his negotiation we were 
amazed at the sending of the Negroes and could not think it by any 
means practicable but in lieu thereof offered the men 50 s ^ month with 
which they were content so that they had 4 pound "$ month : the which 
we thought generous. 

Now the Governor of Virginia taxes us with breach of contract and 
has upbraidingly writt to us on this foot, the whole story is too long to 
recite : and I suppose you are thoroly tyred with the potaige you have 
had &c. Whereupon know my resolution is to propose that the whole 
stipulation and other passages that have happened be truly copied and 
put in print in London that the world may see how Coll Spotswood has 
dealt with us and then they may judge whether his regard were not 
paid to our Buckskins and whether his ignorant mortals have defended 
us for we have sent back all that were willing to go and were glad to be 
eased of the charge altho we should be glad of a number of good men 
that our Planters might return to their Homes. 

(Indorsed) 

le'ad} 5 ^- 1716 
Q, 96. 



[Extracts from Journal of South Carolina House of Assembly 1716.] 



[No 5— Page 8— Page 338. Original.] 

Governor Hunter and Governor Eden claim also our best acknowl- 
edgments as persons sincerely affected with our calamities. The one 
sending us a very considerable assistance in gallant & expert officers and 
soldiers; & the other laboring witli the greatest application and industry 



COLONIAL RECORDS. 255 



to engage the warlike Senekas in our cause, a people who by the power 
of their arms and terror of their name, are alone equal to the War, and 
sufficient to subdue all our enemies, and whom we may daily expect to 

that purpose. 

#*# *## * * * * # 

CHARLES CRAVEN. 

Upon a motion being made, that an address of thanks be returned to 
ye Governor for his speech made to the House ; Ordered that Arthur 
Middleton Esq. Maj James Cockran, M r Benj. De La Conseillere and 
M r Tho s Diston be and they are hereby appointed a committee to draw 
up an address to that purpose and that they prepare and bring in the 
same tomorrow morning. 

[Page 9—838 in the Original.] 

The House being informed that Lieut. General James Moore 
and Col. Maurice Moore attend according as the House desired, who 
according to order being admitted in, M r Speaker (by direction from 
the House) informing them that the House desired to know their 
opinion, whether or no, one hundred white men might not be suf- 
ficient to go along with ye said Indians or ye aforesaid expedition, 
they declared, they were of opinion, that one hundred white men were 
certainly sufficient for that purpose ; and then they withdrew. 

Lieut. James Moore being sent for again was (by M r Speaker) desired 
to let the House know if he had discoursed with Cherokee Hecky relat- 
ing to the aforesaid one hundred white men, & he informed the House, 
that he had already discoursed with him on that subject, who told him, 
that one hundred white men were sufficient to go on the said expedi- 
tion. 

The House proceed to take under debate the other part of the afores- 
said written message, relating to the number of arms and ammunition ; 
and after some time spent therein ; Resolved ; that two hundred arms 
and ammunition proportionable be provided for the aforesaid expedi- 
tion. 

Ordered; that the Clerk of this House draw up an answer to ye afore- 
said written message of the Governor and Council. The Clerk having 
drawn the said Message, it was agreed to by the House and ordered to be 
engrossed. 

[Page 16— Page 343 in the Original.l 

A Message from the Governor and Council by Capt. John Croft Dep. 
Secretary with a petition from Col. Maurice Moore recommend to the 
consideration of this House. 



256 COLONIAL RECORDS. 



Resolved ; That this House will, at their meeting this afternoon take 
the same into consideration. 

In the afternoon the House met according to adjournment. 

The House (according to order) proceeded to take into consideration 
the petition of Col. Maurice Moore, which was thereupon ordered to be 
read, the said speech was read accordingly ; Upon motion and debate of 
the same. 

Ordered; That Col. Maurice Moore be desired (by the Messenger) to 
atttend this House, and when come into the same M r Speaker do give 
him the thanks of this House for his service to this Province, in his 
comeing so cheerfully with the forces brought from North Carolina to 
our assistance, and for what further services he and they have done since 
their arrival here. 

The House being informed that Col. Maurice Moore attended ; it was 
ordered that he should be admitted ; who was admitted accordingly, and 
M r Speaker (according to order) gave him the thanks of this. House for 
his said services; And having expressed his acknowledgment to the 
House for that favor, he then withdrew. 

On a further debate of the subject matter contained in the petition — 

Resolved; That for the encouragement of the private soldiers who 
came from North Carolina to the assistance of this Province, to continue 
longer in the service of the same in the expedition to the Cherokees, and 
also for such other soldiers as may serve therein, that the sum of six 
pound current money per month be allowed to each of them, and so 
proportionable during the time they shall remain in the said service and 
that such of them who shall provide themselves horses shall be allowed 
seven Pounds per month. 

Resolved ; That for an encouragement to the officers who shall com- 
mand the said soldiers in the said Cherokee expedition ; that the Lieut. 
General of those forces be allowed forty Pounds per month ; three other 
officers each sixteen Pounds per month and one other officer twelve Pounds 
per month, and so proportionable during the time they shall remain in 
the said service. 

Ordered; That Col. Maurice Moore, (by the messenger) be desired to 
attend this House who attending accordingly; Ordered ; That he be ad- 
mitted in ; and that the two above resolutions be read to him when he is 
so admitted. The said Col. Moore being admitted accordingly, and the 
aforesaid resolutions read to him by the Clerk He declared that the 
encouragement therein given was sufficient and after desiring copies of 
the said two resolutions, he withdrew. 



COLONIAL RECORDS. 257 



Resolved ; That copies of the said resolutions be given to Col. Maurice 
Moore according to his desire, and Ordered that the same be attested by 
the Cl lk of this House. 

M r Tho" Diston made a Report, from the Committee appointed to buy 
the Indians trading goods, which are to be sent to the Cherokees; That 
they had agreed for several goods for that purpose which Report he read 
in his place, and afterwards delivered in at the table. 

The Committee appointed to buy the Indian trading goods, do Report, 
That the Said committee have bought most of the said goods this House 
ordered them, the particulars whereof will appear by the several Bills of 
parcels now laid before this House, but that there is still wanting 62 guns 
and 25 hangers to complete the complement of goods this House ordered 
the said Committee to contract for. 

Upon debate of the subject matter of said Report, 

Ordered ; That an endorsement be made on the back of the account of 
every parcel of goods bought for the use of the Cherokees, and that the 
same be in the following form of words, viz ; Pursuant to a resolution of 
the General Assembly, impowering a Committee of this House to buy a 
certain quantity of Indian trading goods, arms and ammunition for the 
use of the Publick, this engages the public faith to make payment and 
satisfaction for the within mentioned goods amounting to the sum of 
at the time and after the manner herein specified. 

Ordered ; That M r Speaker sign the same and that it be sent to the 
Governor and Council for their concurrence. 

[Page 28 — Page 350 in Original, j 

Thursday March 8 th 1716. 

The House met according to adjournment. 

The Clerk (according to Order) having prepared the address to the 
Governor, directed to be drawn yesterday by the House; he read the 
same at the table which was agreed to by the House without any amend- 
ments. 

Ordered ; That the said address be engrossed. 
May it please your Honors. 

This House having under their consideration the expediting the send- 
ing away the forces for the intended expedition to the Cherokees humbly 
desire your Honors to commissionate Lieut. General James Moore for 
that purpose, and four other officers under him, to three of which this 
House thinks fit for their encouragement to allow sixteen pounds each 
per month, and to the other twelve pounds per month. And do recom- 
33 



258 COLONIAL RECORDS. 



mend to your Honor Col. Theophilus Hastings, Col. Alex r Macky, Major 
John Herbert and Capt. Joseph Ford to be the said officers. 
Ordered ; that M r Speaker do sign the same. 

THO. BKOUGHTON Speaker. 

Ordered; that Benj Schenckingh & Capt. Walter Izard do carry the 
same message to the Governor. 

Resolved ; that a message be sent to the Governor relating to the offi- 
cers who are to command the forces designed for the Cherokee expedi- 
tion. 

Ordered ; that the Clerk draw up immediately a written message for 
the purpose, which was drawn up (according to order) and accordingly 
read by him at the table, to which the House having agreed with some 
amendments. 

Ordered,; that the said message be engrossed. 

[Page 37— Page 355 Original.] 

Upon motion, Ordered; That Col. Maurice Moore be by the messen- 
ger of this House desired to attend this House immediately ; who attend- 
ing accordingly, ordered ; that he be admitted in, who was accordingly 
admitted. And M r Speaker (by order of the House) acquainted him 
with the desire of the House, that he give orders to draw up the forces 
that came hither with him from North Carolina, somewhere without the 
Town, in order to know which of them will continue longer in the ser- 
vice of the War; which he promised to see and get done forthwith ; and 
then withdrew. 

[Page 40— Page 357 Original.] 

Upon motion ; Ordered ; that the Commissioners appointed by an act 
of Assembly, for raising forces &c do draw an order or orders on the 
paymaster to the Army, to pay the forces that came from North Carolina 
under the command of Col. Theophilus Hastings to the assistance of this 
Province what money is due to them, in order to their being sent home. 

Ordered ; that M r Speaker sign this order, and that it be sent to the 
Governor and Council for their Concurrence. 

THO 8 BROUGHTON Speaker. 

No 5. Assented to in the Upper House. 

CHARLES CRAVEN. 

Ordered ; that Capt Edw. Hyrne & Mr Samuel Wragg carry the Said 
order to the Governor & Council. 

A Message from the Governor & Council by Capt. John Croft Dep. 
Sect ry who returned the order signed by the Governor, relating to paying 



COLONIAL RECORDS. 259 



Col. Hastings men, & sent the petition of William Gray recommended 
to this House. 

[Page 72 — Page 371 in Original.] 
A written message from the Governor and Council by Capt. John 
Croft Dep. Sec try and with a letter from Col. Theophilus Hastings to Lieut. 
Gen. James Moore recommended to the consideration of this House. 

M r Speaker and Gents. 

I have sent you the messenger that brought me the express from the 
Cherokees, that if you have any inclination to examine him he is there 
ready to answer the questions, I desire you to send me back Col. Hast- 
ings letter. 

CHARLES CRAVEN. 

The House being informed that Patrick Carrill who brought the said 
letter to the Governor attended he was admitted in, and examined as to 
some matters relating to the same and then withdrew. 

[Page 170— J 

Friday Nov. 16 th 1716. 

The House being informed, that the Commissioners of the Indian 
Trade, attended in order to lay an account of their proceedings as such, 
before this House. 

Ordered ; that they be admitted in who were admitted accordingly ; 
and having laid their several papers, relating to their proceedings & 
Col. Hastings journal before the House ; they then withdrew. 

Resolved ; that the said proceedings, Journal and papers be taken in 
consideration at the meeting of the House this afternoon. 

The House adjourned till the afternoon three o'clock. 

In the afternoon the House met according to adjournment. 

The House taking under Consideration and debate, the demands made 
by Col. Theophilus Hastings principal factor of the Indian trade upon 
the Commissioners thereof. 

Upon reading the first article of said demands ; 

Resolved ; that it is the opinion of this House, that three assistants 
are sufficient for and that so many be allowed the said Hastings, and 
that they be under him in carrying on the Indian trade at the Cherokees. 

Upon reading the second and third articles of the sain.e. 

Resolved ; that no expenses be allowed the said Hastings during the 
time of his stay in Charles Town, nor any thing allowed him to buy 
baskets or any thing else among the Indians for his own use ; but that 



230 COLONIAL RECORDS. 



for his encouragement, the sum of twenty Pounds over and above what 
the Commissioners of the said trade do allow him, be paid annually, out 
of the profits of the stock of the said trade. 

Upon reading the fourth article of the same. 

Resolved ; that a blanket be given each of the two Indians who came 
down into the settlements along with the said Hastings. 



[From N. C. Letteb Book of S. P. G.] 



M r URMSTONE TO THE SECRETARY. 

North Carolina Dec 1 15 th 1716 
Sir. 

In my last of Nov' 13 th last past I gave you an account of the extra- 
ordinary pains I have taken the last autumn ; that I had visited all the 
corners of the Colony however obscure or inaccessible, Baptized great 
numbers, but not all that wanted it, through the stupid neglect of Parents 
&c and want of assistance in passages over all the petty creeks and 
swamps, wh° h are almost between every House : the humours of the peo- 
ple in general being such, that when their turn is served, they care not 
who goes unserved. If I must continue here I shall attempt another 
progress in the Spring, God willing provided the Society shall not think 
fit to send more Labourers in this uncultivated vineyard and and then 
possibly I may stop the mouths of many complaints of neglect in my 
late endeavours. 

By waiting to see what the Vestry would do & expecting an account 
of money is due to me from the Society and all my debts paid, I am 
reduced to great straits, in so much that I am now forced to draw afresh 
or starve ; supply I expect none from the Country. The Governor can 
T do me no service, for all are ready to kick against him and the sure way 
not to speed is to desire his assistance, Governors and Ministers here are 
generally accounted useless, Burdensome and ever enemies to the Coun- 
try. I pray you therefore desire the Treasurer to the Society to pay to 
Joseph Jekyll Esq r His Majesty's Collector of Customs at Boston in 
New England, or his order 20 pounds sterling (bills of equal date being 
produced) and if his correspondent the Bearer hereof will undertake it 
pay likewise 40 pounds of like money to be invested in goods to buy me 
.'! or 4 Negroes in Guinea; but if he refuse I beg some body may be 



COLONIAL RECORDS. 261 



employed to engage some Guinea Capt" or Merchant to be delivered to 

the aforesaid Jo n Jekyll or to me 3 Negroes men of middle stature 

about 20 years old and a Girl of about 16 years, here is no living with- 
out servants there are none to be hired of any colour and none of the 
black kind to be sold good for anything under 50 or 60£ white servants 
are seldom worth keeping and never stay out the time indented for. I 
likewise desire a Bill of Exchange for £20 sterling payable to me or 
order at Barbadoes. I believe I have more due for according to my 
account : on the 25 th Instant there will be an hundred pounds coming to 
me. I shall be glad to hear my requests are complied with and till then 
must struggle with a hard Winter, scarcity of Provisions, and rub through 
many more difficulties with all the patience I am endued with and ever 
be, Sir, 

Your most humble Serv' 

JO n URMSTONE 

Missionary 



[Reooed9 op General Court.] 



At a Generele Court of Oyer & Terminer & Gen e11 Gaol delivery held 
at the House of W m Branch in Chowan Precinct the 2 d Aiig Bt 1716 
Pres' Christopher Gale esq' Ch Justice 

rpi TT ' > Esq™ his Assistants 

The Grand Sury Impaneled and sworne 
Jos ph Sanderson fforeman 

R d Lewis Jn° Robinson R d Sewell 

Jo a Porter Tho s Rogers Dav d Jones 

Tho 8 Luten Jun r Edw d Howcott Jn° Jennet 

Jam 8 Ward Tho 8 Everitt Martin ffred k Razon 

Jam 8 Blount ffra 8 Branch W m Leary 

Tho 8 Yates Geo 1 Houghton Jn° Woodhouse 

W m Yates Walis Bray 

Jacob Rightley Bound to appear at y 8 Court appeard, and is dismissed 
without day paying costs 

Jn° Worley esq r is appointed overseer of the Highway from M r Longs 
on the South shore to the fflatt swamp and all person within the s d Lim- 
its are required to work on the same Roads 

Jn° Worley esq 1 desiring a road to be cleared from the Paupan Neck 
to Kendricks Creek. 



262 COLONIAL RECORDS. 



Ordered that Jam 8 Long, Tho 8 Long, Jam" Hooper Tho Hawkins 
Tho" Stealey Benj m Blonn' R d Canaday, R d Swinson Jn° Browney Nich 
Brightman Jn° Swain & Jn° Simpson be appointed a jury to lay out the 
same being first qualify'd and that they observe the Law in that case 
made and Provided. 

Upon the Petition of W m Stephens setting forth that an apprentice of 
his Jn° Putter deserted his service and is detained by Jam 8 Thickpen and 
the s a Thickpen appearing and shewing no Lawfull cause for detaining 
him, Ordered that the s a Apprentice be returned to his s a Master and 
continue with him according to his Indenture 

Upon the hearing of sundry complaints of W m Wilkison and Sarah 
his wife, & Jn° Hassell. 

It is ordered that the s d Jn° Hassell give security that he shall not 
cohabitt. with the s d Sarah Wilkison 

And now here at this day Jn° Wattson in Custody of the Marshall to 
the barr here brought in his proper person came and being asked how of 
the Crime afs d he would acquitt himself, said, that he is not thereof 
Guilty & of this he putts himself upon the Country and Dan" Richard- 
son who on this behalf followeth for the King likewise 

Therefore immediately came a Jury thereof, and the Jurors of that 
Jury by the Marshall Impanneled being called (y' is to say) Henry Bon- 
ner Lem 11 Taylor Tho : Spight, Jn° Harlow Xph r Dudley Edw d Jack- 
son ffra 8 Pridgeon, Cha s Hopten, W m Thompson John Goodin, Orlando 
Champeon, Jn° Beverly Appeard, who to speak the truth of and upon 
the premises chosen, tryed and sworn say upon their oaths 
We of the Jury find the Def' not Guilty 

Ordered that the s d Wattson be dismissed without day paying his fees 
And now here at this day Dan 1 Richardson Esq r Attorney Generall of 
our Lord the King being p'sent here in Court in his proper person and 
being spoken to and asked if he against the said Mary Lee had any 
Information or presentment to make that the same might be laid before 
the Grand Jury answered, No. Whereupon by the Court here the said 
Mary Lee is dismist without day 

To the Hon bIe Christopher Gale Esq r Ch : Justice & to his assistants 
for holding the Genell : Court for this province 

The Jurors for our sovereign Lord the King that now is presents 
Hugh Davis of the Precinct of Pequimons in the County of Albemarle 
in the Province af d ffor thaUie the s d Hugh Davis on or about twentieth 
day of Nov' 1715 did unlawfully niismark seven pigs belonging unto 



COLONIAL EECOEDS. 263 



Cap'" John Pettiver Esq* Contrary to an act of assembly in that behalf 
made and provided. 

DAN 1 RICHARDSON Attorney Gen u 

And upon this at the self same Court before y° af 8d Justices the af 8d 
Hugh Davifc in Custody of the Marsh 11 to the Barr there brought in his 
proper person came and being asked how of the crime af B he would 
acquitt himself said that he is not thereof Guilty and of this he putts 
himself upon the country and Dan 1 Richardson who in this behalf fol- 
loweth for the King likewise 

Therefore imediately came a jury thereof & the Jurors of that Jury 
by the Marshall Impanelled being called (that is to say) Henry Bonner 
Lem 11 Taylor, Tho. Spight, Jn° Harlow Xph r Dudley Edw d Jackson 
ffra" Pridgeon Cha" Hopton, W m Thompson, Jn° Goodin, Orlando 
Champion, Rich 4 Batchelor appear'd who to speak the truth of and upon 
the premises chosen tryed and sworn say upon their Oaths 

"We of the Jury find the Def not Guilty 

Ordered that the s d Davis be Dismiss 4 without day paying his fees 

To the H6n We Christopher Gale Esq r Ch Justice & to his assistants 
for holding the Gen 11 Court for this Province 

The Jurors for our Sovereign Lord the king that now is presents M r 
Tho" Lee in the Precinct of Chowan in the County of Albemarle in the 
Province afs d for that he the s d Tho a Lee on the tenth day of July 1716 at 
Chowan afs d maliciously a certain false Libell in writing to the Defaming of 
Cap" Jn° Worley Esq 1 one of the Justices of the afs d Generall Court did 
issue forth and Publish containing Inter alia these false and scandalous 
words following Thro' his ignorance and spight to me (meaning him the s d 
Thomas Lee) I am like to be a great sufferer in many particulars for he 
takes opportunity (meaning him the s d John Worley) of giving ill advice 
to my servants, and to give it to the prejudice of their master, and upon 
complaints made to him for debts above the Value of Twenty shillings 
he does not stick (meaning him the s d Jn° Worley) to intermeddle with- 
out law on his side but grants orders for the same and severely repri- 
mands the Constable and Comands him not to give Copies of the War- 
rants & Orders he Executes, he exacts more ffees than the law allows 
which is contrary to the Oath, and when Goods are taken in Execution 
and the money Tendered he orders the officers not to Deliver them, & y' 
Instead of doing his duty (meaning him the s d John) he broke the Peace 
whereby, the s d John is Scandalisd &" And is against the Peace of our 
Lord the King that now is his Crown and Dignity. 



264 COLONIAL RECORDS. 



Wee the body of the Grand Jury for Albemarle County in the Prov- 
ince of North Carolina do present Charity Brown for that she hath a 
Bastard Child at the House of M r Thos a Rogers in this Precinct of 
Chowan 

Also in Currytuck Precinct one Edw a Boune leaving a wife in Vir- 
ginia and keeps a whore in this Goverm' by which it very plain appears 
that She hath severall Bastards by him the s d Boune. 

Also one Susanah Brown living at Petty Shore hath two Bastards 

Information of Cap* Jn° Worley also who keeps in his house the wife 
of Jn° Hawkins she having severall children Contrary to Law. 

JOS 1 * SANDERSON 

Adjourned to the Court in Course 

C. GALECh: Just: 



North Carolina — ss 

Charles Eden Esq r Govern 1 Cap' Gen e11 & Adiii u of this Province 

To Richard Sanderson, Jn° Blount, Tho s Miller Griffin Jones, Tho : 
Harvey, Jn° Palin, Rob' West Jn° Worley, Benj m West, Jn° Hardey Esq r 
Greeting 

By vertue of a Commission and Instructions from his Excelly the 
Palatine and the rest of the R' Hon ble & Hon* 1 * Ld s Prop' 6 of Carolina to me 
directed thereby appointing me Govern 1 Cap'" Gen" & Adm 11 of this 
Province of North Carolina with full power and authority to coruission- 
ate and appoint all officers within the same as well civil as military. 

I therefore being well assured of your Prudence Loyalty and Integ- 
rity doe hereby comissionate and appoint you joyntly and severally (dur- 
ing my pleasure) Justices of the Peace of this Government to keep or 
cause to be kept his Maj' s Peace as also all laws and Ordinances made for 
the well Governm te of the same. 

And forasmuch as the Ld s Prop r have by their Cofnission under thejr 
hands and Great Seal to Christopher Gale Esq r their Chief Justice re- 
quired me and their Ld sps Deptys here to Comissionate and appoint cer- 
tain Persons of known skill and ability to be assistants to him the s a 
Chief Justice in holding of Courts and hearing and determining of all 
Pleas y' may be brought before him. Therefore I do by and with the 
advice & Consent of the Council af Bd hereby authorize and Impower you 
and any or every two of you being present to be associates or assistants 
to the s d Chief Justice in holding a General] Court for y° Province at the 
times hereafter Expres'd (That is to say) on the last Tuesday in the 
Months of March July and October yearly and in y« holding of all 



COLONIAL RECORDS. 265 



pleas, hearing and determining of all actions suits and causes whatsoever 
as well civil as eriminall Real Mixt Personall or any other kind or nature 
whatsoever to proceed thereon and award Judgements with as full power 
and authority as any Justices of the Generall Court heretofore might, 
could or ought to have done in all things proceeding according to the 
Laws and customs and Usages of this Government, and as neer as may 
be according to the Laws and Customs of Great Brittain Given under 
my hand and seal of the Colony this 22" day of October in the third 
year of the Reigne of our Sovereign Lord King George Annoque Dom. 
1716 

Recorded this CHARLES EDEN 

1 st Nov 1 1716 
R. Hicks Cl'k Court. 



At a General Court of Oyer & Terminer & General Gaol Delivery 
held at the House of W m Branch y" in Chowan Precinct the 1 st Nov 1 
1716 

Pres nt Christopher Gale esq r Chief Justice 

Jn°°H2dey ey } EsqrAssistante 

The Grand Jury are Impanelled and sworn 

Joseph Sanderson fforeman 
R d Stamps Hen r Bonner W m Russell 

R' Keele Tho : Luten Jun r Lem 11 Taylor 

Edw. Howcott Jn° Marks Jn° Jones. 

Na. Averitt W m Eggerton Tho. Rogers 

Jos a Porter W m Bonner Jac b Blount 

Upon the Peticon of Tho 8 Lee praying y' the main Road from the. S. 
W. side of Middle neck Bridge to the S. W. side of ffrylys bridge may 
be his established Bounds to Maintain and keep as a publick road at his 
own Costs and y' he be Excus'd from any further duty on the Roads. 

Ord d y' it be Granted. 

Upon the peticon of the Inhabitants on the South Shore praying y* 
the Inhabitants from' ffryly's Bridge to the flatt Swamp may have y' 
part of the road assigned them & y 4 the Inhabitants from the S. W. side 
of Middle Neck Bridge to M r Longs may keep y' part of the Road in 
Repair and y' Cap' n Jn° Worley be continued overseer of the lower Dis- 
trict & Mr Tho s Lee be Overseer of the upper district. Ord d that it be 
granted. 

34 



266 COLONIAL RECORDS. 



Upon the Peticon of John Swain praying that Elizabeth Swain his 
Sister an Orphane Girle bound by the Precinct Court of Chowan to John 
"Worley Esq r May in the time of her service be taught to read by her 
said Master 

Orderd, that she be taught to read 

Orderd, y* a capias go out against Jn° Molton Seu r for contempt in not 
appearing as an evidence in the Case between our Sovereign Lord the 
King & Bartho. Barrett being twice sumoned 

Att this Court personally before the Justices af ea appeared Tho 8 Lee 
who to the Presentment Ehibited against him at the Instance of John 
Worley Esq 1 at the Court held the 2 d day of Aug 8 ' last Pleaded not 
Guilty therefore Immediately came a Jury thereof and the Jurors of that 
Jury by the Marshall Impanneled being Calld, (That is to say) Jam 8 
Williamson Jn° Watkins, Tho 8 Kirke, Cha 8 Wilkins, Jac b Lewis W m 
ffallow, Jam 8 Ward Xph r Dudley, Jn° Ward, Obed Rich. Tho 9 Blount, 
Tho 8 Bettorly appeared who to speak the truth of and upon the premises 
being chosen tryed and sworn And the Letter in the s d Presented men- 
tioned being produced and proved in hac verba 

July 10*1716 
May it please your Hon 1 ' 8 

I did not believe I should have reason so suddainely to complain to 
your Hon 1 y* I now find your words true when you told me at your 
house when I refused to act as a Justice of Peace y* I might lett it alone 
and be piss'd upon and be D — n'd for you would then make Worley a 
Justice &c 

If I am not piss'd upon by him I think I am as badly used what thro 
his Ignorance and Spight to me I am like to be a great sufferer in many 
particulars for he takes opportunity of giving ill advice to my Servants 
which I can prove if there be occasion. I did believe y' Justices were 
sworn not to give advice and to give it to the Prejudice of their Master 
where no maner of ill usage has been offer'd to them makes the case the 
more bad. 

Upon complaint made to him for debts above the value of twenty shil- 
lings he does not stick to Intermeddle without Law on his side but grants 
orders for the same & severely repremands the Constable and comands 
him not to give coppys of y" Wa n ' & Orders he executes, he exacts more 
ffees than the Law allows which is contrary to the oath and when goods 
are taken in Execution and the money tendered he orders y* Officer not 
to deliver them but orders them to be appraised the same day that they 



COLONIAL RECORDS. 267 



are taken Contrary to the Laws & makes y e Complainer take paper money 
when the Law saies y° property of the Goods taken in execution is vested 
in the Officer for the use of the complainer 

The matters are not my own Cases, but generally y" same has been 
dealt to other of the Neighbours which are ready to be proved wften 
Occasion shall require. 

I very lately went myself to him and civilly required a Copy of Orders 
against me particularly an Acco' y' ffryly had sworn against me which 
money has been received by the Justices Orders & which of right belonged 
to me when satisfyd, but instead of his doing his duty he broke y 6 Peace 
by kicking me as I went out of his house. 

I know y' the Law gives me a remedy ag st Justices & officers y' Exceed 
their Authority, but being willing to live peaceably without contention I 
make y c matter known to your Hon 18 who has the powers of making 
these Ignorant and Illnatured Officers, hoping you will remove such from 
their stations, rather than I should be forced to make a publick Demand 
of Justice for satisfaction of so many wrongs received which I am very 
unwilling should be made Publick believing y 3 method to be more Charit- 
able 

If your Hon 1 has the least Doubt of the truth of these matters laid 
against the Justice I shall at any time lay before you sufficient proofs to 
convince your Hon 1 and all mankind of the truth of them. 

I now give your Hon r another convincing proof of my desires to live 
peacably for altho I might Justly expect to be kept free from any trouble 
of procuring my money concerning the Horse since your Hon r took the 
Horse to yourself & paid me yet I return your money rather than con- 
tend against you & to receive further marks of your displeasure. I am 

Your Hon rs most humble Serv' 

THOMAS LEE 

The Jury aforesaid upon their Oaths say Wee of the Jury find the 
Defend' not Guilty 

Ordered that the said Thomas Lee be Dismist without day. 

And now here at this day came the afs d Charity Brown and p a the fine 
of ffive pounds in Court together with all fees accruing Wherefore the 
said Charity Brown is Dismist without Day 

And now here at y s day came afs a Worley and acknowledges that he 
keeps the said Mary Hawkins as a hierling and no otherwise. The said 
Worley is Dismist without day 

John Norton bound to appear at y" Court made his appearance, upon 
which M r Attorney Gen" Exhibited the following Indictm' to the Grand 
Jury 



268 COLONIAL RECORDS. 



To the Hon We Christopher Gale esq 1 Chief Justice Justice of North 
Carolina and to his associates &c 

The Jurors for our Sovereign Lord the King that now is Presents 
Cap" Jn° Norton for that whereas the s d Cap" Jn° Norton on the 29 th day 
of"Sept r 1716, and in the third year of the reign of our Sovereign Lord 
George by the Grace of God King of Great Britain ffrance & Ireland 
&c at Pasquotank in the County of Albemarle in the Province afs d did 
by the shooting off of a gun value ten shillings mortally wound Tho s 
Johnson one of his Maj ts Liege subjects of the Province afs d whereof he 
died the s d day and year afs d which is contrary to the Peace of his s d 
Maj to Realm & Contrary to the Dignity of his crown &c 

DAN 11 RICHARDSON ,P Duo Rege. 
which Bill being returned by the Grand Jury Billa Vera p Infortunum. 
Uppon this at the self same Court before the afs d Justices the afs d John 
Norton in Custody of the Marshall to the bar there brought in his 
proper person came and being asked whether of the crime afs d he 
was guilty or not Pleaded Guilty. Whereupon Tho s Boyd and Tho" 
Swanlin in behalf of the s d John Norton acknowledged themselves 
indebted to our Sovereign Lord the King y* now is his heirs and succes- 
sors in the sum of twenty five pounds each to be levy'd upon their sev- 
erall goods and chattells Lands & Tenem* 8 with condition. That if the 
s d John Norton doe well behave himself towards his Maj ty and all his 
lege People for twelve months and a day next coming then the before 
recognizance to be void otherwise to remain in full force and vertue. 

Bartholomew Barrett Bound to appear at y s Court made his appearance, 
upon which M r Attorney Gen" Exhibited the following Indictm' to the 
Grand Jury. 

The Jurors for our Sovereign Lord the King upon their oaths do 
present Bartholomew Barrett of New England Mar 1 - on the sixth day of 
October in the third year of the Reign of our Sovereign Lord George by 
the Grace of God of Great Brittain, ffrance and Ireland King defender of 
y e ffaith &c not having the fear of God before his eyes but being insti- 
gated by the Devil with force and arms of his malice forethought upon 
William Whitehouse late of the same place tv serv' to the s d Barrett at 
Chowan Precinct in the County of Albemarle & Province afs d being then 
and there in the Peace of God & of our Sovereign Lord the King did 
make an assault and Divers blows kicks and bruises with his hands, feet 
and other weapons, did then and there voluntarily & feloniously murder 
and kill the said William Whitehouse and then and there mortally, beat 
bruise and wound the back and side of the s d William Whitehouse of 



COLONIAL RECORDS. 269 



which wounds and mortall bruises the afs d William Whitehouse did lan- 
guish untill the evening of the afs d Sixth day at which time he Dyed and 
so the Jurors afs d say that the said Bartholomew Barrett on the s d sixth 
day of October in the year abovesaid at Chowan afs d in maner & form 
afs d of his malice forethought, voluntarily and feloniously did mortally 
beat bruise and wound the afs d William Whitehouse, so that of the same 
beating, bruising and wounding on the Evening of the afs d Sixth day of 
October he dyed ag st the Peace of our Sovereign Lord the King his crown 
and dignity &c 

DAN 11 RICHARDSON P Duo Rege 

which bill of indictm' being Returnd by the Grand Jury Ignoramus. 
And the attorney being present here in Court and having nothing fur- 
ther wherewith to charge the s d Bartholomew Barrett. The s d Bartholo- 
mew Barrett was Dischargd' by Proclamation according to Law 
Adjourned to y e Court in Course 



1717. 



[From N. C. Letter Book of S. P. G.] 



COL EDEN TO THE SECRETARY 

North Carolina Jan y 17 th 1716r71 
Sir 

I am honored with two of yours, one bears date the fourteenth of May 
the other the 25 th 1716. To the former I can soon make an answer there 
being but one Missionary (and never another Clergyman) in my Govern- 
ment which is M r Urmston whose duty and affection to his Majesty King 
George I believe the most Honorable Society will not doubt of for as to 
that part I think the Gent, is unquestionable and I shall again lay hold 
of this opportunity to lay before your board the great want there is of a 
Clergyman amongst us, notwithstanding this Gent does all he is able in 
the discharge of his function and spared for no pains. Yet there are 
still hundreds of children and others unbaptized and are like to remain 
unless some further charity be extended to them. 

As to that of the 25 th I shall say little now having transmitted form- 
erly to your predecessor M r Taylor an abstract of our Vestry Act which 



270 COLONIAL RECORDS. 



I hope came to hand, if it has not or it is not satisfactory, upon your 
acquainting rne, shall send a copy of the whole act; but I must observe 
tho' that act seems very suspicious it is at present of very little benefit to 
your Missionary for the money raised thereby as well as all other public 
moneys are paid in public Bills of Credit which are at a vast discount 
whilst in hath [truth ?] our vestry have not been so ready in assisting this 
Gent, as they ought to have been which fault I hope will in a little time 
be remedied not only as to M r Urmston's part but towards any other per- 
son whose lot it shall fall to come amongst us. 

I did myself the Honor to implore of the Society a Missionary for the 
County of Bath a place of much larger extent than this of Albermarle 
and altogether hitherto neglected which I must again entreat you to men- 
tion to the Board if there is not one already appointed for that service — 
Mr. Taylor indeed mentioned a Gent, that was to come from South Car- 
olina amongst us, but I never heard anything of him, nor do I believe 
we ever shall, I have been so full before in relation to the poor people of 
that County that I shall forbear any further addition at this time more 
than intreating my most humble duty to the most Honorable Society 
whose commands I shall always obey with great readiness which con- 
cludes as I really am, Sir 

Your most humble Serv' 

CHAS. EDEN. 



LFrom N. C. Letter Book op S. P. G.] 



Sir 



M r URMSTONE TO THE SECRETARY 

North Carolina Jany 29 th 171f 

I am persuaded you will never have any answer to two Letters to the 
Vestries and Church Wardens of Chowan & Pasquotank: the former is 
in my hands still not knowing to whom I must give it, for thro' default 
(I may say wilful neglect) in not meeting in due time those appointed to 
be of the Vestry and have no power to meet or act till nominated afresh 
by an additional act to that of the late assembly and if that is ever 
brought into debate: it will be annulled, I sent, the act inclosed in one of 
June 19 th last past which if it has come to hand will satisfy the Honor- 
able Society in many particulars; did it take place (but fear it never 
will) it is the most favorable I could obtain from the Assembly. I did 



COLONIAL EECOKDS. 271 



not think there could have been such a construction put upon these words, 
which impower the Church wardens to procure a Minister which now are 
taken to be equivalent to that odious phrase of hireing or dismissing at 
pleasure yearly a minister, I altered the good old term, but dared not to 
go any further pursuant to our fundamental constitutions. All our acts 
were sent last Feb/ to be confirmed by the Lords Proprietors, or as the 
term is perpetuated without which no act is in force longer than two 
years, but of late the people assume that power to themselves by causing 
all such Laws, as they think fit to be confirmed at the first meeting of 
every Biennial, & enact laws contrary & destructive of former Laws 
which have been perpetuated. I am of opinion diver of the aforesaid 
Laws will not be allowed by the Prop tra and the Vestry Act will be 
in danger of being laid aside. The fundamental constitutions were 
intended to be unalterable, but now as little regarded as Magna Charta 
in England, this Lawless people will allow of no power or authority in 
either Church or state save what is derived from them. A proprietor 
were he here would be looked on no better than a ballad singer, what 
can a Governm' do or what success or order in the great design of estab- 
lishing our church can be expected by a poor despised and contemptible 
Missionary. 

The Governor would concur with me in appoint"* a new Vestry, but 
our Vestrymen (that should be) say I am not incumbent, because forsooth 
not hired by them and his Honor's appointment will not signify any 
thing, he has offered to induct me in order to entitle me to the Salary 
allowed by this late act but all in vain for it will never be paid. I hope 
his Letter to the Society which comes by the same opportunity will 
answer their demands as to my Loyalty and conformity to the present 
Governm' under King George, whom God long preserve my Endeavours 
in the discharge of my duty and the treatment I have met with and like 
to expect whilst in this wretched corner of the World, so that I shall not 
need to add in my reference to the two L res of April 23 rd and May 14 th 1716 
which with one of June 11 th I received altogether pr via South Carolina 
Dec* 29 th I have not heard of any such person as Mr. Francis Phillips, 
mentioned in this last, in these parts, if he comes this way I shall obey 
the order sent me. 

This is the 10 th I have sent to the Honorable Society within 13 
months under the several dates ut infra all the Letters p* Boston were 
sent under a cover to Jo 11 Jekyll Esq. Collector there, my very good 
friend and old acquaintance. I have often intimated that the quickest and 
safest way of sending to me was under cover to him. If these Lines 



272 COLONIAL RECORDS. 



become to hand and would be complied with I might hope to live some- 
thing easier than I have hitherto done, but having no answer to any of 
them it afflicts me sore, my misery increasing the longer I stay, could I 
dispose of my dear Plantation without much loss I would not stay a day 
in the Country, for I am in apparent danger of starving, we are threat- 
ened with famines there's not half grain in the Government subsist the 
Inhabitants, little or no pork ; for my part, if not supplied from Boston, 
I shall not have a morsel of any kind of food within these six weeks; 
I thought I should have had corn and wheat sufficient for my use, but 
thro' bad seasons and the worm I did not reap the 10 th part of what I 
might reasonably have expected. I had a fine stock of Hogs, but am 
in danger of loosing them all, we had no meat and for want of corn they 
die daily. 

My Kind Parishoners are in hopes I must fly and then their debt for 
nigh six years service is paid, whilst one is gaping after my Plantation, 
another, my servants and stock at their own price, it is inconceivable 
nay past expression what I and my poor family have endured for almost 
seven years and it is like to be worse with us than ever. If money will 
hold out I may be supplied with a little cheese of all sorts, butter and 
malt unground, I have not a Gown to my back nor hat to my head nor 
indeed any other decent apparel I am in great want of a good & large rugg 
& quilt, a pair of large Blankets, with a good Ticking for a bed bolster and 
pillows. I beg some honest man may be employed to buy them for me, 
and there with an easy saddle and curb, Bridle and some paper and wax. 
I once made bold to hint that one common agent for all Misionaries 
would be of great service to us, I had rather pay commission than be 
cheated by pretended friends or relations. If the Society would be 
pleased to advance me half a years salary it would be deemed a gift and 
put me in a way of living that I should not need to draw so fast. In 
my last I desired two Bills of £20 sterling each payable at Barbadoes; 
with West India Goods to that value. I could buy provisions to serve 
me handsomely 12 months. My good Lord and late R' Rev d Diocesan 
promised me, if the Society did not make any addition to my salary that 
he would make me partake of some private Benefactions, but never heard 
from his Lordship. I recommend myself and my poor family to the 
generous Bounty of the Honorable society begging their prayers for us 
and rest, Sir, your most humble serv' 

JO" URMSTONE, Missionary 



COLONIAL RECORDS. 273 



DATE OF LETTERS. 

F via Virginia Dec 1 17 1716 

P r M r Gray passenger in Godfrey success, under cover to John Rivet at 
the Hand and pen in St Albans Street London Feby 14. 171f 
Copy thereof p r Boston do 27 
P r Boston do 29 

P r M r Port 1 now Prisoner in the fleet April 3rd. 
P r Boston do " 31 

P r Virginia June 19 
Under M r Chevants cover to M 1 Hear at the Custom House Oct 25 

P r Boston Nov 1 13 

via cover 

I am told this Brigantine returns with all speed. 

P. S.— Sir 

The master by whoin this comes returns hither so that you may send 
by him he is to be spoken with at Jacob Atkinson's at the 3 Tuns on 
little Tower Hill If you can procure a Gown and Cassock Ingram in 
Pater Noster Row has my measure I should be glad of a riding coat for 
thro' want of that I have torn my gowns in the woods. 



[Fkom N. C. Lettek Book of S. P. G.] 



THE CHURCH WARDENS AND VESTRY OF BATH 
COUNTY IN NORTH CAROLINA TO THE SECRE- 
TARY.— (Extract.) 

North Carolina Bath County. 
March 10 th 1716-7 
May it please the Honorable Society 

We have been told that several of your Missionaries that have arrived 
in North Carolina, were ordered by your Honorable Society for this and 
the adjacent Parishes ; but as yet we have not been so happy to have one 
Missionary resident in all the country and of all those that have come to 
North Carolina, it has been very rare that they have so much as visited 
these parts so that many of the children of these parts are yet unbaptized 
even to ten or twelve years of age notwithstanding of which the people 
of this country are kept from Dissenting from the Church of England 
by the care which has been taken to appoint readers pursuant to the act 
35 



274 COLONIAL KECOKDS. 



of Assembly for Establishing the Church and appointing select Vestry, 
an abstract whereof is here inclosed, by that act, it may easily be per- 
ceived how we'll inclined to the Church of England the whole Govern- 
ment is in general by the care taken that the Salary of the Minister shall 
be less than £50 per annum, although at present there are a few of the 
Parishes where the five shillings per pole will not fully amount to the 
£50 per annum, but this may be helped by the annexing to such Parishes 
as are adjacent till such times as they come to be better settled and able 
of themselves to make suitable Provision. 

At present this is our unhappy circumstances as well as of the other 
Parishes in Bath County which have been extremely reduced by the late 
Indian War in which many scores of unbaptized Infants (who remained 
so for want of opportunity only) were barbarously murdered but seeing 
that war is now terminated and our country very likely to flourish again 
in all other respects except the only 

Necessary Vi z* That of Eeligion We therefore humbly beg your Hon- 
orable Society will consider our present deplorable state and alot some 
good Divine of Exemplary Life and conversation tho' of less learning 
for a Missionary to these parts and we do assure your Honors That we 
always make such further suitable allowance for the maintenance of such 
a one as not only the Laws of Government but even our own private cir- 
cumstance will admit of. 

This comes by Christopher Gale Esquire Chief Justice of North Caro- 
lina who has been very serviceable to these parts in promoting religious 
worship by whom your Honorable Society may be more fully and truly 
informed of the present state and condition of these parts than is possi- 
ble for us to do in the compass of this Letter. 



[Records of General Court.] 

28 th March 1717 
Att a General Court of Oyer & Terminer and General Gaol delivery 
held at the House of W m Branch in Chowan Precinct the 28 th March 
1717 

Present Christopher Gale esq' Ch. Justice 
Jn° Worley "1 

Tho" Harvey > Esq ra Assistants 
Jn° Hardy J 



COLONIAL RECORDS. 275 



Ordered, that a Venire do go out against W m Williams to answer the 
p'senttn' of the Grand Jury for not keeping the road clear and repairing 
the bridges in his district. 

Ordered, that a Venire go out ag st Edw a Bonney to answer the p'sent- 
ment of the Grand Jury for leaving his wife in Virginia and keeping a 
whore in this Governm' 

W m Steward Bound to appear at this Court made his appearance and 
no Information appearing against him. Ordered, that the s a Steward be 
Dismist without Dayj 

John Beverly bound to appear at y e Court made his appearance, and 
no Information appearing against him is Dismist without Day 

Adjourned to the Court in course 

C. GALE, C. J. 



[Council Journal.] 



Esq r Lds prop™ Dep' ys 



28 March 1717 
North Carolina ss 

Att a Council holden at y° house of Fred k Jones Esq' in Chowan on 
Thursday the 28 th day of March 1717 

Present the Hon Me Charles Eden Esq 1 Governo 1 and Cap tn Gen 11 and 
Adm» 

''Tho 8 Pollock 
N Chevin 
Fra Forster 
T Knight 

Ordered that Simon Privet be Subpcena'd to the next Council to 
Answer the Complaint of Sarah and Christian Privet Daughters of John 
Privet Dece'd relating to a Tract of Land held by the said Simon 

Whereas Jacob Miller Adam Moore and Jacob Schulz have been sent 
out by Order of this Government pursuant to an Order of the Assembly 
to Range the Country after the Enemie Indians 

It is Ordered that Richard Graves Treasurer for the Precinct of Craven 
do pay to the said Rangers their wages for the time they was upon that 
service pursuant to an act of Assembly in that behalfe made and pro- 
vided. 



276 COLONIAL RECORDS. 



[Fkom Pollock's Letter Book.J 



COPY OF A LETTER SENT TO SIR ROBERT POLLOCK 
BY CAPT HENDERSON'S KINSMAN 

North Carolina April 3 d 1717 
Hon 4 Sir 

It being very natural for all people who are absent to have a great 
desire to hear of their relations, and I being here settled in a remote cor- 
ner of the earth, far distant from my native country, and having had no 
letter or certian news concerning my relations these many years last past, 
and not knowing whom I can write to that can inform me; therefore, 
out of the certian knowledge I have of your generous and virturous 
nature, and the acquaintance, neighborhood and small relation I had with 
you before I left Scotland, presumed to trouble you with these few lines, 
humbly entreating the favor of you to favor me with what account you 
know of my relations. 

I have been informed that my brother mr James Pollock of Balgray, 
deceased many years since leaving two sons his eldest son Thomas, (who 
succeeded to the estate) I "heard was married to a daughter of Dunlop of 
Houssell, and has had several children by her : and hear that he coming 
over to america, is either lost at sea, or taken by the sally sallie? men, 
which I hope is but a false report. As for his brother James I have 
heard nothing of him. My sister Hellen Helen was married to David 
Robe, minister of Erskine: and here that upon the revolution, on 
King William's coming in, remove himself and family to Ireland. 
And my sister Margaret was married to one M r George Pollock, then 
minister of Ballantree, afterwards removed to Kilmarnock, and since I 
understand is dead. Now what your Honor can inform me concerning 
my aforesaid relations will be a very great kindness, for although I have 
commonly an acconnt of all the public news, it gives me no satisfac- 
tion as to my relation. I have another favor also to beg of your 
Honor, which is when I came from Scotland I had several debts due to 
me, all which bonds I left with my brother Balgray, taking his receipt 
for the snme, a copy of most of which is here inclosed. Now what I 
would entreat is if you could conveniently know of the men that owed 
me the money, (being most your neighbours) whether tliev paid it or 
any part of it to any person For I understand that one M r Robert Ham- 
ilton late of Glasgow now of London merchant hath received most of it, 
without giving me any account of it. 



COLONIAL RECORDS. 277 



Now when I came from Scotland this Robert Hamilton being my inti- 
mate acquaintance, by his importunity pursuaded me to take about thirty 
three pound sterling money of his in venture with my own, which money 
in my first seven or eight years, (by my often trading from one place to 
another, unacquaintedness in trade of America, and a considerable loss I 
had by the Spaniards taking New Providence, and low markets was 
brought to a very little, of all which, from time to time acquainted Robert 
Hamilton, and in the year 1689 I wrote to him that, altho the stock was 
brought very low, yet that I was unwilling he should be a loser by me, 
and therefore enclosed in his a letter to my brother, Balgray, to pay him 
his principal sum and interest; of which I never had any account of my 
Brother. And since then. M r Hamilton having an attorney here, I 
gave him a particular account of his stock, which was about forty pounds 
our country pay here, offering him his money, which he could not then take 
his vessel being loaden. And shortly after I had a letter from M r Ham- 
ilton desiring rather to have his principal stock and interest in Scotland 
than take the produce of it here, this being about the year 1698, and 
pressing upon me that if I would be diligent and careful of making the 
most of what I had in Scotland, and the overplus he would faithfully 
and honestly send me in here, or pay to whom I should order him. 
Upon which I (having a great opinion of M r Hamilton's honest,) sent 
him in a power of attorney of all my concerns excepting the debt due 
from my brother. In some short time after I had account from him, 
that he had employed one M r James Dunlop a writer in Glasgow, to act 
for him as concerning the recovery of my debts and other concerns, but, 
my brother being dead, my sister in law would not deliver up the bonds 
and other papers that I had left in my brother's hands ; and by several 
letters after complaining that he had been at considerable charges, and 
although his uncle Mr Colin Campbell of Blithwood had been a great 
assistance, yet had scarcely recovered so much as to satisfy himself. And 
yet I understand the stone house I had in the Trongate of Glasgow, a 
few duty duety I had out of the land where the eastern sugary stands, 
and of some land of Walter Nilson, and of one William Sterling, late 
writer in Glasgow, is disposed of, and, I believe, three or four acres of 
land I had at the bromelaw at Glasgow ; all which, before the year 1701 
(at which time I heard he had disposed of most of it) with the debts due 
and interest clue untill then could not amount to less value than six or 
seven hundred pounds sterling; and his thirty three pounds, with interest 
from the year 1682 to the year 1701 could not amount to upward of 
seventy or eighty pounds at the most ; which seems to be a considerable 



278 COLONIAL RECORDS. 



difference. Howsoever I should not have realised it if my Relations had 
got it. I could add a great deal more concerning M r Hamilton his writ- 
ing and promises to me, but I doubt have been too troublesome already. 

I was hartily glad to understand that you were not concerned in their 
late troubles in Scotland, and that you were safe in your command at 
Inverlockie, and it would be a great satisfaction to me to understand the 
welfare and prosperity of you and your family. 

I have had intentions these many years past of my returning once 
more to my native country, but several matters unexpectedly falling out 
have hindred me; especially some differences here amongst, the people of 
the country, and a long, civil and expensive Indian war, and now being 
old, and not able to endure the fatigues of such a long passage, and being 
(praised be God) indifferent well settled here and having three hopeful 
sons, Cullen, George, and Thomas, doubt I shall not have the happiness 
of seeing any more my beloved native country. I your Honor can spare 
so much time from your public business as to enquire a little after the 
afore mentioned matters, and honor me with some particular account of 
it, it will be a great satisfaction to me, and infinitely oblidge me : and 
albeit I cannot propose any ways of retaliating such kindness, yet it shall 
it shall be imprinted in indelible characters in his mind who most sin- 
cerely is 

Hon 4 Sir 

your most obedient Humble Servant. 

Hon d Sir If you favor me with an answer, please to direct your let- 
ter for me in North Carolina to the care of Mr William Wellsteed, Mer- 
chant in Boston in New England : and letters for the place often miscar- 
rying if you send duplicates, by other oppertunities some may come to 
hand. My most humble respects to yourself and family ; which also 
please to accept from my sons, 

Hon d Sir Yours 

THOMAS POLLOCK 



[From N. C. Letter Book of S. P. G.] 

i 

MR. URMSTONE TO THE SECRETARY. 

North Carolina May 1st 1717 
Sir 

I have nothing to add to nor alter in my last Letters per Captain 

Luckese Commander of a Brigantine bound for London dated Jany 29 th 

& copy per via Boston Feby 2 nd last past save that I am still struggling 

for life in this wretched place. If a sloop expected from New York with 



COLONIAL RECORDS. 279 



flour & Biscuit do not arrive within these 10 days I shall not have a 
morsel of Bread to eat. I have had no Beef in my house these six 
months nor anything else save fat pork and that almost gone. I got by 
chance a barrel which has been in salt 1 8 months ; it is profitable victuals 
a little goes a great way : I have no other eatables ; peas and Beans I am 
like to have some but neither Bacon nor Butter to eat with them — Jovial 
living. The country is in a miserable condition ; we lost almost all our 
Hoggs and abundance of cattle are lately dead in all parts of the Govern- 
ment, of the murrian and mire. I have been a great sufferer that way ; 
out of my poor stock, I have lost to the value of £30 very near. 

If I must linger out my days here I must have a couple of Negroes 
and a woman all born among the English, the woman used to house 
work. If the Hon ble Society could spare them out of Coll. Codrington 
Estate I would allow more than would buy six others newly come from 
Guinea, new negroes are of no use to me. My Parochial account is very 
short; from Michaelmas to Lady day I baptized 17 Infants was not able 
to go abroad by land for want of Horse, nor by water having nobody to 
row me, "nor wherewith to hire and if I had men will nqt be hired. I 
went this winter 7 times to the Church in the neighbourhood (i e that is 
4 miles distance) and met not a congregation ; so indifferent are our Gen- 
try in their Religion they had rather never come to church than be obliged 
to pay me any thing, they cannot endure the thoughts of it : they wonder 
I do not leave the country and their debt would be paid ; that is the way 
they have treated all of my Function before me and would have the 
world believe they are no changelings. This comes f^ via Boston under 
cover to Mr Jek your collector there. 

I am, sir, your most Humble Serv'- 

JOHN URMSTON. 



[B. P. R. o: Virginia. B. T. Vol. xv. p. 106.] 



REPRESENTATION FROM SEVERAL MERCHANTS TRAD- 
ING TO VIRGINIA AGAINST AN ACT PASSED THERE 
RELATING TO FOREIGN DEBTS. REC' d 17 
APRIL READ 6 MAY 1717. 

A Representation of sundry Merchants trading to Virginia for repealing 

the Act of Assembly concerning Foreign debts 
My Lords, 

About the year 1663 there was an Act of Assembly passed in Virginia 
intitul'd an Act concerning Foreign debts the purport of which is to bar 



280 COLONIAL RECORDS. 



all creditors living in Great Britain from recovering debts justly due to 
them from any person that goes over to that Colony unless such Debtor 
had carried over thither effects to the value of such debts. 

Now we humbly conceive that this Act is notoriously unjust in itself 
unequal to his Maj. subjects of Great Britain and very infamous to that 
Colony and therefore since to this day it stands unrepealed by any sub- 
sequent Act and has been pleaded not long since in the Courts there in 
bar of very just actions, we humbly beg that your Lordship will be 
pleased to lay it before his Majesty in order to its being repealed 

MICAJAH PEREY. 

THO. SANDFORD 
HUMPHREY BELL. BENJ. BRADLY. 
HENRY DEE. WM. DAWKINS. 

SAM. HASWELL. 

JOHN HYDE. 

W. BYRD. 

W m HUNT. 

RICHARD PERRY. 

JAM. BRADLY. 

JOHN MAYNARD. 



[B. P. R. O. Board op Trade Journals, p. 250. J 



Whitehall. Friday May 10 th 1717 
M r Boon and M r Beresford agents for Carolina attending as they had 
been desired were acquainted with His Maj's having been pleased to refer 
to this Board the Representation inclosed in M r Secretary Addison's let- 
ter of the 30 th of the last month relating to the present miserable state of 
South Carolina and to a supply of men desired by that Province for 
reducing the Indians with whom they are at war And being asked 
whether the said Representation was presented to His Majesty by them 
and what they had to offer relating to that matter They said they had 
lately received and presented to the Lord Carteret a letter from the Gov r 
& Council of the said Province to the Lords Prop' 8 dated 26 lh January 
last upon the same subject of which they produced a duplicate which was 
read and a copy taken thereof That upon their application to the Lord 
Carteret Palatine of the said Province and presenting him the printed 
case his Lordship had promised them to lay state of the condition of the 



COLONIAL RECORDS. 281 



said Province before His Majesty and to desire the necessary supplies 
which they believed his Lordship had done by the foreraentioned Repre- 
sentation — These gentlemen being then ask'd what number of men from 
thence they thought necessary for subduing the Indians and how long 
they proposed such men should continue in Carolina they declared their 
opinion that not less than 600 men would be effectual 200 whereof might 
be disbanded in 12 months, 200 in 18 months and 200 in two years after 
their arrival in Carolina — M r Boon & M r Beresford, added that the Lord 
Carteret had declared to them he was willing to surrender his share in 
the Proprietorship if the not doing it were such an obstacle as to hin- 
der the relief of the Province. 



[B. P. R. O. Board or Trade Journals, p. 270.] 



Whitehall Friday May 31 st 1717. 
The Lord Carteret one of the Lords Proprietors of Carolina coming 
to the Board their Lordships had some discourse with him relating to the 
present state of that Province and to the Representation from the inhabi- 
tants of South Carolina referred to the Board by M r Sec. Addison's let- 
ter of 30 th of last month mentioned in the minutes of the 6 th inst. His 
Lordship among other things said that the Assembly of South Carolina 
being dissolv'd, they had now no Agents, But that the persons who 
styled themselves such, had desired him to present their paper to the 
King, which his Lordship had done when the same was drawn so as to 
be supported by the letters those Gentlemen produced from thence that 
his Lordship had since private letters from Carolina which bring advice 
of a Peace being made with the Indians which his Lordship observed 
seems probable since the Yamasees the first authors of the war were cut 
off" That there had never been a regular war with the said Indians in 
Carolina but many settlements which were made too scattered & remote 
from each other had been destroyed at several times tho' the whole Colony 
was never in so apparent danger of being lost as was suggested That if 
the said Province be supply'd with the men they desired the Assembly 
had never agreed how to dispose of or provide for them That the Lords 
Proprietors would be glad to have more men sent thither in any manner 
but that it could not be expected His Majesty should send and maintain 
them there That the Province may be run in debt as alleged but that the 
Lds Prop" 1 have applyed all their profits towards its support and bought 
36 



282 COLONIAL RECORDS. 



& sent 250 muskets which they have heard are actually arrived in Caro- 
lina My Lord added that he did not doubt but when Col. Johnson the 
present Gov 1 arrives he will find all things quiet in the said Province and 
therefore his Lordship desired the Board would suspend their Eeport to 
His Majesty upon the forement 4 reference until fresh advices should 
arrive from thence. 



[Council Journal.] 



The Hon*" 



> Esq rs Lds Prop trs Dep u 



North Carolina 

Att a Council holden at the House of the Hon ble Co" Thomas Pollock 
in Chowan on Tuseday the 4 th day of June Anno Dom 1717 

Present the Hon ble Charles Eden Governo r Cap tn Gen" & Ad 11 
fTho a Pollock 
Fred k Jones 
Fra B Foster 
T Knight 
N Chevin 

Upon Petition of John Gray setting forth that a Tract of Land lying 
in Chowan Containing acres was formerly granted by Patent to W m 
Fulk is now Lapsed for want of being Seated in due time pursuant to 
the Tenor of the said Patent and prayes the same may be Granted to 
him 

Ordered that the same be Granted as pray'd for . 

Upon Petition of John Nairn e shewing that a Tract of Land formerly 
Granted by Patent to Edward Howard is lapsed for want of Seating and 
prays the same may be Granted to him 

Ordered that the same be Granted as pray'd for 

Upon Petition of John Nairn Shewing that a Tract of Land formerly 
Granted by Patent to John Miner is Laps'd for want of being Seated 
in due time and prayes y e same may be granted to him 

Ordered that the same be granted as pray'd for 

Then this Board Adjourned till to morrow morning 9 of the Clock 

Wenesday morning June the fifth 1717 this board mett again 

Present Ut Supra together with Co" Reed 

Upon Petition of Catherine Morby shewing that her late Husband 
George Morby is Dead and hath left no Heires in this Goverm' by which 
means a Tract of Land on the Head of Cashoke Creek whereon he lived 
is become Escheatable and prayes the same may be granted to her 

Ordered that the same be granted as prayd for and that a Warr* be 
directed to the Escheat master accordingly 



COLONIAL RECORDS. 283 



Upon Petition of Henry Bonner showing that a Tract of Land Lying 
on Morratock River was formerly Granted to Tho s Hoskins by Patent 
and is now lapsd for want of being seated in Due time pursuant to the 
purport of the said Patent and prayes the same may be Granted to him 

Ordered that the same be granted as prayed for 

Upon Petition of Henry Lysle Junio r shewing that a Tract of Land 
on Cashoke Creek formerly Granted to Henry Lysle Senio r by Patent is 
Elapsed for want of being seated in due time pursuant to the Purport of 
the said Patent and prayes that the same may be Granted to him 

Ordered that the same be granted as prayed for 

North Carolina ss 

Whereas the Tuscarora Indians by their articles of peace with this 
Governm' were bounded and Limited for their future Settlement to a 
certain Tract of Land lying between Onion quits-tan Creek on Pamplico 
River and Nuse river to which settlement they were to repaire so soon 
as the Warr should be over But for as much as the Indyan Warr is since 
broken out in South Carolina the aforesaid Tuscarore Indyans have Sig- 
nified to this Government that they are in Danger of being Attacked 
and destroyed by those Indyans and therefore has prayed to be allowed 
a Settlement on Morratock River for their further Security Now be it 
known that it is hereby mutually agreed on between the Hon ble Charles 
Eden Governo 1 Cap' Gen 11 and Adm" of this Province by and with the 
Advice and Consent of the Council for and on behalfe of himselfe and 
the Inhabitants of this Governm' and King Blount for and on behalfe 
of himselfe and y° rest of the Tuscarora Indyans that for as much as 
the said Blount and his Indyans have been very Servicable to this Gov- 
ernment and still Continues so to be And as a particular mark of Favor 
from this Government They do hereby Give unto him the said Blount 
for his further and better support of himselfe and his Indyans all the 
Land lying between M r Jones's Lower land on the northside of the Mor- 
ratock river to Quitmak Swamp And the said King Blount doth hereby 
agree to remove all his Indyans from off the other Lands down to 
Roovosskee by Chrismas next And that they shall not molest nor dis- 
turb the Inhabitants nor their stocks in Hunting in any of the adjacent 
Grounds but that they shall take all the due Care therein they can and 
that they shall not nor will not Claim any Right or property to anv 
Other Lands hereafter on Either side of Morratock River 

In Witness whereof the said Parties have Interchanably Set their 
hands and Seals this fifth day of June 1717 



234 COLONIAL RECORDS. 



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



MR. URMSTONE TO THE SECRETARY. 

North Carolina 
June 22 nd 1717. 
Sir 

You will say my other Letter of the same date needed no additions 
but cannot avoid acquainting you that by the same opportunity comes 
one of our great Dons upon an Embassy from the whole country fraught 
with complaints against the Governor (I suppose I shall not escape) he is 
a Clergyman's son in Yorkshire bears the great name of Gale, I know 
not how near a kin to the late Dean of York, he has a little smack of 
school learning, was sometiihe Clerk to a country attorney at Lancaster, 
the occasion of his coming into this hiding place is unknown to me tho' 
I suppose not uncommon with other our worthy Patriots a great show of 
Learning gained him great Esteem among the Beast in the woods he has 
past long for an Oracle, gone through all the Offices in the Government 
save that he is said now to push for, i e, that of the Governor. 

Upon the breaking out of the Indian War he went to South Carolina 
for assistance there he prevailed with Mrs Blacke one of the Proprietors 
to make him her duty (depty); in his return he was taken prisoner by 
the French and carried to Martinio, at length he came back to us, was 
for his good offices and sufferings, presented with a purse of money, made 
Colonel of Bath County then the heat of the war but by reason of his 
unfitness laid that down and being deemed learned in the Law was made 
Chief Justice of the whole Province Being arrived to this High Pitch of 
supposed grandeur he grew very impertinent, he hath often opposed me 
in matters relating to church discipline and all the authority he had could 
assign was the practice of a poor country Parson his father, I believe him 
equally knowing in everything else he pretends to, In our debates when 
he had no other answer he would appeal to his dignity and Imaginary 
power which he thought gave authority enough to all he asserted, nay he 
did not stick once to rebuke me for contradicting him telling we were not 
equals and that I ought to pay a greater defference to what he said, how 
false soever; as to the first I was entirely of his mind and as to the lat- 
ter I cannot see why I should be borne down by such a Blockhead when 
I had good authority for what I said, lie intends to dethrone the Gover- 
nor, tin's is publicly known and if he succeeds him not then he will mine 



COLONIAL KECOKDS. 285 



Missioner, but this is only whispered, for if not forced he would not be 
thought to take up with so mean a station. 

His complaints against the Governor, I must confess are not altogether 
groundless, his honor has acted towards all men very arbitrarily not to 
say unjustly, his treatment of me has been very base and scandalous, yet 
he never break my Head without giving me a plaster not always healing, 
for after having trampled upon and prostituted me to the people in order 
to curry favor with them it is no such easy matter to effect a thorough 
cure; what signifies such favors as subjects a man to daily affronts and 
abuses, we have been often at variance : I have resented his ill usage, more 
than once, have not visited him for several months together, but the 

greatest difference we ever had was owing this Incendiary, my Lord 

Chief Just — fs and now he with a pack of Knaves and seditious 

rascals is combined to set us all in flames and rather than not gain his 
point he will do his utmost to subvert that little settlement we have with 
the greatest difficulty attained to in Church and Government. This is 
not the first voyage he has taken upon the like Errand and if the Pro- 
prietors will harken to such a Bout few then they must never hope to see 
this a settled country. 

I cannot say but the Governor is a strange unaccountable man, having 
all that either the Land or Sea service furnisheth t'wards the making a 
complete ruffian besides some great accomplishments acquired in his voy- 
ages along the coasts of America, a stranger to him would straight 
imagine upon a slight acquaintance that he had been a boatswains mate 
who are commonly the greatest reprobates in a man of war, fit only to 
command the forecastle Gang, and seeing the Genius and temper of this 
People are so like to the said Gentry, there cannot be a fitter man to. 
govern here, the Lords will suffer by the change and we shall be like the 
Frogs in the Fable. He is well known to Coil n Handyside late Gov r of 
Jamaica and I believe Councell Kittleby has some knowledge of him. 

As to my particular I care not what this sower of Sedition can say 
against me, it has been his constant Business to oppose me in every thing 
I went about in furtherance of the great errand I was sent upon ; This is 
he that chiefly hindered me from having the Library sent in by the Rev d 
Dr. Bray in my custody as was intended by the Donor, this is he that 
first started a notion that the Society did not expect the Country should 
make any provision for me, they having allowed me a sufficient mainte- 
nance, this is the copper smith for he hath done me much harm ; and if 
he applies himself to the Society it will easily appear what a fit person 
he is to make a Priest of and how much he hath benefitted by that excel- 



286 COLONIAL RECORDS. 



lent collection of Books which have been injuriously detained from me. 
I excuse not the Gov' in many things but cannot think him so black as 
he will be represented nor would I have him changed except we be 
assured of a better who will scarce be found to act a part in our comedy— 
I am, Sir, your most humble servant 

JO" URMSTON Missionary 

P. S. I have gained mightily upon the Gov r since the Death of his" 
wife, who a strange meddling troublesome proud woman, and put him 
often upon doing that which he had no mind to ; I believe for the future 
we shall always have a good understanding. I wish he may find favour 
with the Honourable Society so as to prevent his being twined I have 
heard say counsel Kittleby was not his friend : if a member of the So- 
ciety he may be pursuaded to act for him, Tis in his power to do the 
Gov r good service and to stop the mouth of this Babler. 



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



MR. URMSTONE TO THE SECRETARY— (Exteact). 

North Carolina June 22 — 1717 
Sir 

Since my last per via (New England dated May 1 st - I have received 
one from you of July 16 th . 1716 by South Carolina; at my first coming 
hither I sent divers of my Letters open to a certain member of the 
Society to be by him first perused and then delivered in at the next 
Board ; the little good effect they had (albeit the contents I thought would 
have drawn pity from a heart of Stone) made me suspect my friend and 
therefore have not been guilty of that which I now find is deemed a 
fault, for many years, but perceive as little regard to me as before; not- 
withstanding I ever had fresh matter of complaint, and as long as I stay 
here I need not fear wanting that with hard strugling we have had a 
vestry at last in my parish viz' on the north shores of the Sound in 
Chowan there were but seven vestry men and they chose in a new mem- 
ber in room of one who positively refused to qualify himself as the late 
act directs by declaring under his hand that he would not oppugn (a soft 
word for tender consciences instead of conform to) the Church of Eng- 
land, for, he said he must go sometimes to the Quakers meeting and it 
he saw cause he might one time or another oppugn &c. 



COLONIAL RECORDS. 287 



The absent members will not agree to what was then enacted and many 
of those present seem to dislike of what they then did pretending they 
were overawed by the Governor, by whose order . the Vestry was called, 
who is since gone to live in the County of Bath so that all the good his 
honor intended me will come to nought. It was proposed by the Gov r 
and minuted down that I should be inducted, the majority were consent- 
ing, but now unwilling to part with the power so valued by them of 
choosing or hiring yearly ministers. It was then ordered that every 
Titheable in the Parish should pay me five shillings towards the raising 
Fifty pounds for the last year ending January 1 st last past, the number 
of the Titheables is not sufficient to raise such a sum and they have not 
power to Levy above five shillings per Titheable for our Parish contains 
not a third part of the Inhabitants which are in the precinct and afore 
time were one parish, as for the arrearage for four years with 18£: form- 
erly due which by agreement ought to be £258 but was by an after Ves- 
try reduced to £150 and ordered by the then churchwardens to be col- 
lected, that cannot be raised unless the other parish or part of the Pre- 
cinct which before seperation was equally obliged per a new act be com- 
pelled to pay their share. In plain English 'tis to put me off from insist- 
ing upon what is my just due; neither do I think I ever shall receive 
what is now ordered; for notice has been given by the present church 
wardens according to the Vestry Act to pay their Levy on or before the 
first of this month, upon pain of forfeiting double tax, and as yet I have 
received but six pounds in paper ; this paying of money such as it is, 
puts them quite out of humor : they cannot endure to be at charges upon 
what they value so little Religion. 

I have given you an account in former letters of the great scarcity of 
Provisions throughout the Country ; I thank God we have with hard 
struggling and many an empty Belly got over it. It was not so grevious 
to my family as many others, because accustomed to want our north 
Colonies have taken advantage of our necessity and have made us pay 
dear for the worst of Bread and meal : what cost them but seven shillings 
we have paid 40 s for in pitch and tar besides divers ways of cheating us. 
Our Governor bought a couple of Barrels of meal and one of them proved 
half Ballast. We have hitherto had a very seasonable year, there is great 
prospect of plenty of Grain and fruit but if the winter afford us meat — 
we have no Hogs so many died of Poverty last winter and the Black 
Cattle are almost all destroyed by murrain, so that we shall not suddenly 
recruit. In these difficult times I have been forced to draw upon the 
Treasurer as often as I met with any body that knew what to do with 



288 COLONIAL RECORDS. 



a Bill of Exchange I have purchased Pitch to buy food with, gave more 
than it would sell for in London, some proved nought some not full casks 
and more not yet paid, and thus I have been puzzled to keep soul and 
body together. Since the 21st of December last I have drawn for £85 
and am still in want, tis not twice £80 will maintain me at the rate I am 
forced to manage £20 yearly paid before hand in Goods vendible here, 
would have done me more service than my salary. I never bought so 
much goods for £80, my necessity still obligeing me to anticipate, and 
often draw before money become due. 

These accounts are tedious I doubt & scarce believed, seeing the Society 
requires it under the Parishioners own hand, which I think not to be 
expected. It was agreed that we should hold a Vestry every first Sun- 
day in the month, but we have none since the first, nor I believe ever 
shall ; the first Sunday in the month we had one church warden and 
three Vestrymen. I delivered the Societies Letter dated June 11 th 1716 
directed to the Church wardens and Vestrymen of Chowan ; they read 
it and gave it to me again, saying they knew not what answer to return ; 
so little regard is had to so great authority and less gratitude to so gen- 
erous benefactors, it is all one to them whether they have a minister & 
church to go or not. 

My quondam fellow Labourer the Rev d Mr. Rainsford meeting with 
some of my Parishioners in Virginia told one I was to be turned out, to 
another recalled, they would be glad of either for then the debt due to 
me would be paid. I have more than once desired the Letter and if not 
provided with two nego young men and a negro girl all born among the 
English and used to work & a Bill or Letter of Credit to Barbadoes for 
the £40 yearly as I have formerly requested it will be utterly impossible 
for me to stay here much longer. 



[I'bom Pollock's Letter Book.] 

Julv 8 th 1717 
Hon" Sir 

This day King Blounts son came in here, sent in by his father to me 

that I might acquaint you that two of his men lately discovrd beyond 

Catchne Creek about twenty strange Indians, and judges thev are coming 

either upon him or the English; and would disire your Honor to take 

some care of the people at pamplico and Neuse. And likewise King 



* 
COLONIAL RECORDS. 289 



Blount desires to acquaint you that he is daily expectation of the Saras 
and other Indians falling upon him, they having lately taken one of his 
men. 

Albeit there is no great certainty in the Indian News, yet I thought it 
proper to acquaint you now therewith, that you may take such order for 
the security of the people at Pamplico and Neuse as you shall think nec- 
essary, by giving the people notice to be in readiness, and to have a care 
of themselves, until further news may be heard, or by what other methods 
you think most convenient : and also that you send in here what orders 
you think necessary in case the Indians fall upon Blount, unless you 
think it time enough when you come into the General Court or the next 
Council. 

Blounts son likewise inquired of me if I had not heard that the Sarah 
Indians had killed nine or ten of the Verginia traders, and taken their 
goods, which he says was reported by one of them that escaped. I 
am in great hope if there be a general Court, to have the happiness to see 
your Honor, and should be glad if M r Henman could, be in two or three 
days at least before tljAcourt. I have no more to add but that I am 
most sincerely Your Honor's 



[Council Journal.] 



North Carolina ss 

Att a Council holden at the house of the Hon Wo Co 11 Thomas Pollock 
in Chowan on Thursday the First day of August 1717 

Present the Hon" Charles Eden Governo 1 Capt n Gen 11 and Adm" 
Tho s Pollock ) 

Nath Chevin V Esq IS Lds Prop rs Dep ties 
T Knight j 
Upon Petition of John Seshons setting forth that Whereas one Edward 
Bery Deceased left a Widdow and four Children with a small Estate the 
Widdow administerd and it was appraised and she paid the Debts as farr 
forth as there was anything to pay afterwards by Accident she and Two 
Children were drowned and there was Two Children left a Boy and a 
Girle which by order of Co rt the Children was committed to his Care to 
bring them up and what little their Mother left, was Committed into his 
hands he being their Uncle their Mothers own Bro r the two Children 
being both dead all that belonged to them is now taken out of his hands by 
37 



■f 
290 COLONIAL KECORDS. 



Henry Miller and the Land is Threatened to be taken away also w oh the 
petition"' has paid for part of it to the Childrens Father but he being 
killed by the Indyans it was never acknowledged to him and therefore 
prayes that it may be taken into Consideracon that he may be Relieved 
therein &c 

Ordered that the Evidence on both side be Examined before Mr John 
Hardy and the Depositions returned to the next Council and that in the 
mean time M r Spellar do prepare & bring in his Ace' of the said Adniin- 
istracon. 

Upon Petition of William West setting forth that he being a Trades- 
man and willing to settle in this Goverm' and Endeavoured at his first 
Comeing in to Get some Convenient Settlement but found all the lands 
near to the Water were taken up upon which he Intended to leave this 
Goverm 4 but was advised of a Small Tract of Land on the head of Cas- 
hock Creek Survey'd and Patented Several years agoe which he accord- 
ing to the Usual Costume petitioned for as Laps'd land and had it 
Granted but afterwards one Henry Lysle made Application and pre- 
tended a right to the said Land and that he hadgfold it to his Father in 
Law and obliged himselfe in the penal sum of Fifty pounds sterl. to 
make him a Title to it upon which he had an Order Granted him for the 
Said Land and the said West believing his petition to be matter of Fact 
and not desiring the ruin of any person neglected to appear in his Own 
right But since finding that the said Henry Lysles Informacon was noto- 
riously false and that there was no such sale as he said there Mas and 
indeed no right to the Land he therefore requests to have his land Granted 
him again 

And saith he being a stranger in the Country the said Lysle thought 
to have made a prey of him and now laughs at him and Employs people 
to sell him the Land he prayes the same be taken into Consideracon and 
that he may have reliefe therein y* 

Ordered that Henry Lysle be served with a coppy of the petition and 
to appear at the next council. 

Upon Petition of Wm Charlton Exec r of the last will and Testament 
of Edward Smyth wick Deceast praying proper persons may be appointed 
to appraise and divide the Estate of the said Deceas'd 

Ordered that Henry Speller, John Bentley Philip Ward and Luke 
Metle or any three of them being first sworn before some Magistrate do 
Appraise the said Estate and make Division thereof according to the said 
Last will and Testam' of the said Decc'd 



COLONIAL RECORDS. 291 



Upon Petition of Robt Fewox shewing that a Tract of land called the 
Second Creek was formerly Granted to his Father James Fewox and is 
lapsd for want of seating prayes the same may be Granted to him 

Ordered the same be Granted as pray'd for 

Upon Petition of Jonathan Bateman and Elizabeth his wife shewing 
that John Anisly late Husband of the s d Elizabeth being a Forreigner 
dyed seized of sundry Lands in this Goverment and left no Issue there- 
fore prayes that they may have Liberty to Estcheat the said Lands and 
that a Warr' may be directed to the Escheator accordingly. 

Ordered that the same be granted as Prayd for. 

Ordered that the Matter of Privetts be continued and that Coppy of 
the Case and Subpheana be sent a new 

Upon Petition of Martin Frederick Rasor shewing that a Tract of Land 
Containing One hundred and Eight five Acres in Chowan was formerly 
Granted by patent to Francis Parrot and is Lapsd for want of being 
seated in due time and prayes the same may be Granted to him. 

Ordered that the same be granted as pray'd for 

Tobias Knight, Esq 1 was by the Governo r with the advice and Con- 
sent of the Council Constituted Chief Justice of this Province Co 11 Gale 
haveing departed this Goverm' whereby the said Commission was become 
Vacant and thereupon the said Knight took and subscribed the Severrall 
Oaths by Law appointed to be taken for his qualificacon. 



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



THE CHURCH WARDENS AND VESTRY OF PASQUO- 
TANK PRECINCT NORTH CAROLINA TO 
THE SECRETARY. 

Pasquotank Precinct 
August 10 th 1717 
May it Please the Hon ble Society 

We received the favor of yours of June the 11 th past signed by your 
Secretary Mr Humphreys and in answer thereto take leave to inform 
you that by an act of the last Assembly made Jan y 1715 the Precinct of 
Pasquotank was divided into two parishes, each Parish has power to 
raise £50 per annum by the Poll, which with the allowance made by 
you Honr to Missionarys would be a very handsome maintenance, could 



292 COLONIAL RECORDS. 



we be so happy as thro' your charitable disposition and appointment to 
enjoy one. Since the death of poor Mr. Adams we have been altogether 
deprived of that happiness the present Missionary living in Chowan 
precinct about 30 miles distant from hence and seldome comeing down 
above once a year, so that he has very little allowance from hence save 
what presents he has made him upon particular occasions which are some- 
times very considerable, as to the manner of pay in this Country, we 
must beg leaye to inform your Honors, that there is no running cash, 
but that to supply that defect all our commodities are rated and answer 
the same end. 

And now since your Honorable Society has given us this occasion of 
addressing ourselves to you we beg leave to further represent to you that- 
some years ago his Excellency Francis Nicholson gave to this precinct 
(as well as Chowan prequimons) the sum of 10£ sterling to be employed 
towards the building of a church, but that money being not made use of 
till the year 1708 after much solicitation and management by Mr. Glover 
and Mr. Knights, the same was lent to Mr. Glover by order of the 
Vestry, a copy whereof is here enclosed, since which Glover is dead and 
his widow married to said Knight who by one artifice or other will in 
all probability deprive the Parish of that money as may appear by his pro- 
test to the Vestry here also enclosed unless some ways relieved by your 
Honorable Society either by representing the case to our Lords Proprie- 
tors whose officer he is or otherwise as"" you in your wisdom shall think 
fit to direct or advise. We are in all humility your 
Honors most humble servants 

EDM d GALE 
JOHN PALIN 
Church Wardens & others 



[From N. C. Letter Book of S. P. G.] 



GOV. EDEX TO THE SECRETARY. 

„ TT ,, Noeth Carolina Oct r 8— 1717 

Most Honour d 

The Lds prop 8 of Carolina having thought fit to Hon r me with y e 
Governm' of the North part of their Ldps. Province I take leave as I 
think it is my duty to remonstrate to you the deplorable state of Reli- 



COLONIAL RECORDS. 293 



gion in this poor Province, it is now almost four months since I enter'd 
upon the Governm' where I found no clergyman upon the place but M p 
Urmstone one of your Missionaries who is really an honest pains taking 
Gentleman & worthy your care but poor man w th the utmost endeavours 
is not able to serve one half y e Co 7 of Albemarle w ch adjoins to Virginia 
when as the County of Bath is of a much larger extent and wholly des- 
titute of any assistance, I cannot find but y 8 people are well enough 
inclined to imbrace all opportunity of attending y" service of God & to 
contribute to y" utmost of their ability tw'ds the support of such Mis- 
sionarys as you shall in your compassion to their circumstances think fit 
to send amongst them, but our tedious Indian War has reduced y e coun- 
try so low that without your nursing care the very footsteps of Reli- 
gion will in a short time be worn out & those who retain any remem- 
brance of it will be wholly lead away by the Quakers, whereas a few of 
the Clergy of a complaisant temper & regular lives wou'd not be only 
the darlings of y° people, but wou'd be a means in time to recover those 
all ready seduced by Quakerism — This is what I thought myself under 
an indispensible obligation to lay before you for your serious considera- 
tions & at y° same time I take leave to recommend to you the person 
from whose hands you'l receive this Viz" M r Tho s Gale (a near Relation 
to y e late Dean of York) late of Trinity College in Cambridge who I 
doubt not will come otherwise recommended as a very proper person for 
your service if he shall meet with your approbation — 

There has been destroyed by the Indians since y e beginning of y" warr 
above four score unbaptized Infants & there are a great number in y e 
county of Bath even to seaven years old now under that circumstance for 
no other cause but want of opportunity & as yet there are no Quakers in 
that county. 

The growth of them in it I hope the charitable care of y r most 
Honorable Society will effectually prevent I wish I could be any ways 
instrumental in serving any thing sent by you in these parts whenever 
an opportunity offers with great readiness I shall be glad to show [how] 
much I am most Honorable Gentlemen 

Your Obed' & most humble Servant 

CHARLES EDEN 



294 COLONIAL RECORDS. 



[From N. C. Letter Book of S. P. G.] 



MR. URMSTONE TO THE SECRETARY. 

North Carolina Oct 23 rd 1717. 
Sir 

In my last I acquainted you with a further Hardship than I have 
hitherto met with. I borrowed £30 to pay for the repairing my Houses. 
I was to pay it out of the Parish Levy which ought to have been raised 
six years ago. My Creditor is now Church warden and is obliged to 
collect my Salary which will at Christmas next amount to a hundred 
pounds besides £140 arrears due from the precinct before it was divided 
into two parishes, it ought to have been £240 but twas no wonder for 
their making such a defalcation was in order to cut off the whole, for 
unless it be to pay my debts I shall never see a farthing of it. The 
Church warden is a great Lawyer and Keeps the whole community in 
awe of him : he has taken upon him to recover two other debts and has 
arrested me in three severaj actions and threatens to seize my House and 
goods; all the Debt is but £90 and yet he will not take the Parish pay; 
it will be very severe, not to say unjust, they say I am not their Minister 
because forsooth not hired they are resolved to keep up that good old 
Custom, so that I am not entitled to the Salary allowed by Law I am 
blamed for not keeping constantly to my Parish, it is hard neither to pay 
me nor allow me to go to those that would. The Governor pressed me 
to make the other Country a visit, hoping they would have regard to my 
two former Journeys as well as last but find they are all of Carolina 
Principles : I went to a hole where I never was before : I baptized 63 
children and one adult a young woman they say there are unbaptized not 
out of Principle, as a supine neglect of parents and their own shamefaced- 
ness, and I forbear not to be wrought upon, there was a great congrega- 
tion most out of curiosity having never seen the face of a minister, 15 
more I baptized the last six months I have not to add to my nota Paro- 
chialia. My people are as remiss as ever, a parish Levy puts 'em quite 
out of conceit with the Church : I preach often to 9 or 10 and sometimes 
ride five miles in vain not to find a soul there. Mr. Taylor arrived here 
about a month ago but is not fixed not being able to find a House to put 
put his head in, There's no living here for a Clergyman except he will 
keep house : I believe he will return to South Carolina, he is as unfit a 
man as they could have chosen, neither was it fair to send him. I under- 



COLONIAL RECORDS. 295 



stand the Society ordered one of their Missionaries whose parish was 
abandoned by reason of the War with the Heathen : he is not able to ride 
five miles were it to gain the world, he is aged and very infirm I have 
acquainted him with my usage he insists on being chosen or inducted for 
Life, which no Parish here will comply with. If my late letters are 
come to hand I hope for a favourable answer, if not you may expect to 
see me next spring, here I can not live without servants. These with 
my humble duty to the Honorable Society and earnest request for their 
Prayers are from, sir, Your most humble serv' 

JOHN URMSTON 

Missionary. 



[From Pollock's Lettek Book.] 



Salmon Cbeek Nov. 13 th 1717 
Hon d Sir 

M r Charleton did not call here at his return from Blount. Wherefore, 
I believes he intends himself unto the assembly to give you a particular 
accouut of his management with Blount. I understand by Col Maule 
that the Indians that were at Blounts upper town, called Uneray, are 
gone from thence he knows not where. 

I am hartily sorry to understand of the great difference hath happened 
between your Honor and Mr. Chevin, and can not but blame him much 
for his great indiscretion, But being an old friend and acquaintance of 
mine, I humbly beg your Honor to moderate your resentment against 
him, knowing there is no man free of failings, and that revenge may be 
carried on too far, and it is at best but the frailty of human nature, where 
as to pardon offences, especially those that are great, is more than human, 
and is even divine, and participates of the goodness of God, who pardon- 
eth our greatest sins ; and the example of our gratious Sovereign may be 
a motive, who hath ever pardoned his greatest enemies. And besides, it 
must need lay such an obligation upon M r Chevin, as to make him always 
hereafter have a great care not to fall under your Honor's displeasure. 

I wish your Honor happy success with the assembly in what concerns 
the public, which, I believe, may at present lie chiefly on these three 
things vis the currency of our bills, the suppressing the enemy Indians 
that lie out, and the providing a magasine of ammunition always ready 
in case there should be occasion. For it is the prudence of almost all 
well governed states to provide for war in time of peace. 



296 COLONIAL RECORDS. 



As for the currency of the public bills : our country debt, I believe 
exceeds not 16000 pounds and there being not less than 2000 titheable 
persons in the Government, which at 30 shillings per poll amounts in 
three years to 9000 pounds ; and, I believe there is not less than a mil- 
lion of acres held in the Government, which at 40 shillings per 1000 in 
three years amounts to 6000 pounds : and for raising the other 1000 
pounds a duty might be laid on all strong liquors imported from any 
where but the West Indies which in three years might easily raise the 
other 1000 pounds, to balance and clear all the country debts. And it 
is very evident that the importing so much strong liquor into the country 
greatly impovereth the people. And then if your Honor and M r Rich- 
ardson would consent to take all public payments in the bills I do not 
see but it would make them very current in a short time. 

And as for suppressing the enemy Indians; in my opinion, Indians 
are the most likely to do it, and with less charge than otherwise ; and 
those Indians that goes out ought to have great encouragement of the 
assembly, otherwise I doubt it may be a long time before they are sup- 
pressed. 

Then, as for a public magasine : there shonld nothing be taken of the 
vessels but powder, shot, and flints, until there is so much had as may be 
thought necessary, and then other pay may be taken in such specie as 
guns may be purchased. For guns are very much wanted, especially 
here in the frontiers, where may be most occasion of them. 

And care ought to be taken that the treasurers be diligent, careful, and 
expeditious in taking in the public taxes, at the time of payment, and 
that the bills be sunk as soon as they come into the treasury. 

Your Honor's excuse for my enlarging so much on such things is 
humbly craved by him who sincerely is — 



[Council Journal.] 



North Ca r< > una — ss 

Att a Council held at Co" John Hecklefeild House at Little River on 
the 22 day of Novem br Anno Dom 1717 

Present the Hon Mo Charles Eden Governo* Cap"' Gen" & Adm" 
W m Reed 



Fra B Foster 
Tobias Knight 
Fred k Jones 
Rich d Sanderson 



Esq ra Lds Prop rs Dep^ 1 



COLONIAL RECORDS. 297 



Upon a Complaint made by John Hoyter King of the Chowan Ind- 
yans that Ephraim Blanchard and Aaron Blanchard had settled upon 
those Indyans Lands without their leave 

It is Ordered by this Board that the said Blanchards do attend the 
next Council to Shew Cause for their so doing and that in the mean time 
they desist from doing anything further on their said settlements 

Upon Petition of Andrew Barrow Jun r for Lapsing a Tract of Land 
lately belonging to his Father Containing Two hundred and Sixty Six 
Acres for want of Seating according to the Patent formerly Granted to 
his said Father. 

It is Ordered that the said Petitioner have a Patent for Lapsing thereof 
if he thinks fitt 

Upon a Petition of M r W m Williams on behalfe of the Two Daughter 
of Timothy Peade Deced to get an Order for a Warr' to survey a Tract 
of Land in Curratuck Containing six hundred and Forty Acres accord- 
ing to an Entry thereof made in that Precinct Co rt the Twenty third day 
of March 169J and since the said Entry made survey'd by one Marma- 
duk Everedge and Richard Everedge during the non age of their Bro r 
Deced whose Heires they are 

It is Ordered that the said Everadges or Such Persons as now live 
thereon or are in the possession thereof do attend the next Council to 
Shew Cause why the said Petition shall not be allowed. 

Upon a Mocon made by M r Richardson Lds Prop™ Rec r Gen 11 to 
know whether he should receive what Quitt Rents are now due from 
this Go verm' 

It is the Opinion of this Council that he Ought to receive them and is 
Accordingly by us Ordered so to do 



1718. 

[From Pollock's Letter Book.] 



February 16 th 171| 
Hon d Sir 

Yours of the 4 th instant came to hand the 10 th and Capt Jones had 

been over here the day before with two proclamations for liberty of 

exporting grain. He had received them from M r Ash. We were both of 

38 



298 COLONIAL EECOEDS. 



opinion it might be time enough. to consider the same at the meeting of 
the Council next month. I question not but that Col. Gaile will repre- 
sent matters against your Honor and those of the Council in the blackest 
characters he can,' and that he will want no assistance his party can afford 
him ; as clearly appears by what was done last assembly in his favor, (if 
I be rightly informed.) But the best of it is they have nothing (that I 
know of) that is material to alledge either against your Honor or any of 
the council ; and the Lords Proprietors have been of late years so imposed 
upon and troubled with idle complaints, that I am much persuaded they 
will take little notice of what he or any of his party can alledge. 
As for Col. Brice Major Handcock, and Captain Stones offer of bringing 
these skulking enemy Indians in alive or dead ; it seems very strange 
and unaccountable to me, that their own lives, their wives families and 
estates being in danger all this time, and could not do it, and that now 
out of the hopes of a small matter of profit, pretend to do it. This gives 
me some thought of what might be the occasion of their coolness and 
slighting of Blounts Indians that went in to help them. And then the 
beginning of our Indian war, and so the chief cause of the continuance 
of it until now, so as I apprehend, hath proceeded from Neuse; and all 
that I doubt instead of endiug our war, they may be the occasion of 

beginning another greater and worse . However, I should be 

better satisfied if I understood the scheme by them laid to do it, and who 
is to be their partizans and your Honor may be assured that in case these 
enemy Indians were taken or killed, so that peace were fully restored to 
the country, I should not be wanting of contributing my full part to 
those that would do so much good to the country. 

There being no news of moment here, have no more to add, but that 
I sincerely am &c 



[B. P. R. O. N. C. B. T. 7. p. 96.1 



St James February 19 th 17|f. 
Present 
Lord Carteret Palatin 
M r Ashley 

M r Bertie for D. of B. 
S r John Colleton 
S 1 F. Shipwith for L. C. 
M r Danson. 



COLONIAL RECORDS. 299 



M r Gale Chief Justice of North Carolina attended & laid some pro- 
posals before the Board and it was agreed that M r Gale should haVe a 
new Commission for Chief Justice and that a L re be writ to the Gover- 
no r to give notice to the Council of such Commission within fourteen 
days after M r Gale shall produce his Commission to the Govern r in order 
to qualify himself by taking the Oaths. 

That the number of Assistants shall not exceed two as in the Com- 
mission and that the two Assistants shall not have power or authority to 
hold Courts without the Chief Justice but the Chief Justice may hold 
the Courts if the Assistants do not attend And when all three are present 
the majority of votes to prevail. 

That a letter be writ to the Govern 1 to recommend an Act of Assem- 
bly for settling the fees for the Chief Justice and that M r Gale may have 
his salary during his absence. 

Agreed that M r Eden be made a Landgrave 

That there be no deputations sent to North Carolina but that a Coun- 
cil be appointed as in South Carolina 

That the Lords will consider further about the laws 

That M r Moseley's Proposals be referred to the Gov 1 & that he & M r 
Moseley be order'd to make their joint Report in relation to that pro- 
ject 

A Letter from M r Popple to the Sec ry was read wherein Proposals 
sign'd by M r Spotswood & M r Eden for settling the Bounds between 
North Carolina & Virginia were inclos'd 

Order'd that a letter be prepar'd to the Board of Trade signifying that 
the Lords do approve of the proposals & desire they may be executed. 



[B. P. R. O. B. T. Journals. Vol. 27. p. 119.] 



Whitehall Thursday Feb rjr 20 th 171| 
At a meeting of H. M. Com™ for Trade & Plant 8 

Present 
M r Chetwind. M r Pelham. 

S r Charles Cooke. M r Pulteney. 

M r Dominique. M r Bladen. 

An Order of Council of the 9 th inst referring to this Board a Repre- 
sentation from the Lords Proprietors of Carolina which recommends Sir 
Robt Montgomery for his Maj. approbation to be Governor for life of 



300 COLONIAL RECORDS. 



the most southern part of the said Province beyond the Savane River was 
read together with a copy of the said Representation as likewise a Memo- 
rial from the said Sir Robert Montgomery upon that subject all which 
their Lordships resolved to take into further consideration the first oppor- 
tunity 



[B. P. R. O. B. T. Journals. Vol. 27. p. 129.] 



Whitehall Tuesday Feb" 3, 25 th 171$ 
Sir Robt. Montgomery attending as desired their Lordships had some 
discourse with him concerning the new Settlement which he intends to 
make in the Southern Part of Carolina wherein he said that he proposed 
to take thither five or six hundred men at the first and some few women 
and that the remainder of their families should be transported after they 
had established and fortified themselves. That he computed the charge 
of every 3 men would be £100. and to carry on this undertaking he 
assured their Lordships that he had with the assistance of his friends and 
relations a certain fund of thirty thousand pounds and desired no support 
either from the Crown or Carolina. That he desired to be Governor 
for life and independant of the Governor of Carolina for that after he 
had ventured his fortune the Lords Proprietors might otherwise appoint 
a Governor with whose conduct perhaps Sir Robt. might not be satisfied 
which he said would be inconvenient, and he promised to bring to the 
Board the Grant he had from the said Lords Proprietors. 



[B. P. R. O. Board op Trade Journals. Vol. 27. p. 132.] 



Whitehall, Thursday Feb ry 27 th 17lf 
Sir Robt Montgomery attending communicated to their Lordships the 
Grant which he hath by lease & release from the Lords Proprietors of 
Carolina of a tract of land in that Province which lie proposes to settle 
and whereof he desires the govern' for life 



COLONIAL RECORDS. 301 



[B. P. R. O. Board of Trade Journals. Vol. 27. p. 140.] 



Whitehall. Wednesday March 5 th 171 J 
Col. Blakiston & M r Micajah Perry attending as desired they were 
sevrally asked their opinions concerning the proposal of Sir Robt. Mont- 
gomery for making a settlement in the south part of Carolina particu- 
larly as to its effecting Virginia Whereupon they said they thought it 
would be no detriment to Virginia but if the direction of such a settle- 
ment were under the care of a good man it would be a public advantage 
especially to Carolina itself. 



[B. P. R. O. Board of Trade Journals. Vol. 27. p. 143.] 



Whitehall. Friday March 7 th 171 £. 

Upon consideration of the grant made by Lease & Release from the 
Lords Prop™ of Carolina of a tract of land in the South part of that 
Province to Sir Robt. Montgomery of which tract Sir Robert desires 
the govern* for his life Ordered that copies of the said Lease & Release 
be sent to M r Attorney General for his opinion whether anything be 
contained therein prejudicial to the right of the Crown. 



[Council Journal.] 

29 March 1718 
Noeth Carolina ss 

Att a Council holden at the House of Co" Tho 3 Pollock in Chowan on 

Saturday the 29 th day of March 1718 

Present the Hon Wo Charles Eden Esq r Governo r Cap tn Gen" and Adm" 

Tho 8 Pollock "J 

T KnVght Esq- Lds Prop" Dep- 

Rich" Sanderson J 
Upon Petition of Henry Speller Setting forth that John Berry Dying 
seized of a Certain Tract of Land lying Kesiak Neck and Leaving no 
Heires or any Will the same Estcheats to the Lds prop rs and prayes that 



302 COLONIAL RECORDS. 



a Writt may Issue out to the Escheator to Enquire whether the said 
Lands do Estcheat &c~ 

Ordered that a Writt of Estcheat do Issue 

Ordered that Enquiry be made into the Bounds of a Certain Tract of 
Land late Alexander Goodgroomes and a Tract now belonging to Tobias 
Knight Esq r on or near newport River and that a Report of the same be 
made to-the next Council whether the lines interfere with each other or 
not 

Upon Petition of William Stephenson praying a writt of Estcheat for 
a Tract of Land Containing One hundred Acres lying on Deep Creek in 
Little River between Thomas Holloways and the Creeks Mouth called 
Graces. 

Ordered that a writt do Issue to Enquire whether the Same land do 
Estcheat accordingly 

Upon Petition of Laurance McGew setting forth that Thomas Mnrry 
four years agoe survey'd and patented a Tract of Land of One hundred 
Acres lying on the North Shoare of Chowan which land is now Elaps'd 
for want of being Seated and prayes the same may be Granted him 

Ordered that the same be granted as pray'd for 

Ordered that Henry Lysle and William West do both appeare at the 
next Council to answer the said West petition 

Upon Petition of Thomas Bray Setting forth that a Certain Tract of 
Land of Six hundred and forty acres was formerly Granted to George 
Smyth by Pattent bearing date the first day of April 1714 which Land 
is Lapsed for want of Seating the same pursuant to the Tenor of such 
Patent therefore prayes the same may be granted him 

Ordered that the same be granted as pray'd for 

Upon Petition of Samuel Brown Setting forth that he survev'd and 
Patented Three tracks of Land lying in Catawalskee meadow in the 
Precinct of Chowan which Land is Elaps'd for want of Seating in due 
time pursuant to the Tenor of the said pattent and therefore prayes the 
same may be granted to him 

Ordered the same be Granted as pray'd for 

Upon Petition of John Bateman setting forth that John Ainsly a Free 
Dennizen Died Seized of a Certain Tract or parcel of Land lyeing in 
Scuppernung and leaveing no Heirs nor any will the same Escheat to the 
Lds prop™ and prayes that a Writ may Issue to the Escheator to Enquire 
whether the said Lands do Estcheat &c 

Ordered that a Writt of Estcheat do Issue 



COLONIAL RECORDS. 303 



Ordered that Thomas Stacy and Simon Privet be Summoned to an- 
swer the Mocon of Christian Privet at the next Council 

Tobias Knight Esq' Sec ry of this Province haveing Offered divers 
Blank patents to this Board to be signed the Question was put by the 
Hon blB the Governo 1 whether this Board should sign any Blanck patents 
as formerly or not and it pass'd in the affirmative Nemine Contradicente 

Upon Petition of Mathew Cay well setting forth that a Tract of Land 
Containing four hundred and ninety Acres lyeing on the south side of 
Allegator Creek which was patented by his Brother William Caywell 
and by him Elapsd for not being seated in due time pursuant to the 
Tenor of the said patent and therefore prayes the same may be Granted 
him 

Ordered that, the same be Granted as prayd for 

Upon Petition of William Maule therein setting forth that Robert 
Paterson four years agoe Surveyd and Patented a Tract of Land Lying 
on the South side of Potakashe in Chowan Precinct w oh said Land is 
now laps'd for want of being seated in due time pursuant to the Tenor 
of the said Patent and therefore prays the same may be Granted to him 

Ordered that the same be Granted as pray'd for 

Upon Petition of Co 11 Maurice Moore therein Setting forth that some 
time in December 1714 M r John Blount obtained a patent for Six hun- 
dred and Twenty Seven Acres of land Joyning to the Land whereon he 
now lives in Chowan precinct and that the said Blount hath not Seated 
the same according to the purport and Tenore of the said whereby 
the said Land is Lapsd and therefore prayes the same may be Granted 
to him 

Ordered that the same be Granted as pray'd for 

Upon Petition of John Bennet therein Setting forth that about the 
beginning of the late Unhappy Indyan Warr in this Goverment he 
bought of one Edward Berry a Certain peice of Land lying in Cashi 
where the said Berry then dwelt Containing Two hundred Acres and 
paid the said Berry y e full Consideracon money for the same after which 
and before the said Land was secured and Convey'd to him the said Berry 
was unfortunately killed so that he Could never get a Title to the said 
Land wherefore he praye a patent for the said Land &c 

Ordered that the same be Granted as pray'd for 



304 COLONIAL RECORDS. 



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



M 1 URMSTONE TO THE SECRETARY 

Noeth Carolina 
May 2 nd 1718 
Sir 

Since my last of October 23 rd last past ^ Via Boston I have been in 
Curratuck where I baptized 35 children and the Mother of one of them; 
she hath 3 sisters and 2 Brethern all adults the sons and daughters of an 
Anabaptist who pretends to be a Physician Fortune Teller and Conjurer, 
always chosen Burgess for that precinct and a leading man in our As- 
semblies a fit Man you will say, for a Vestry man, but we have too 
many such in other Vestries whence it is we find so little favor among 
them; they rather oppose than promote the Interest of our Church 
rather than be subject to such M r Taylor my fellowe Laborer relies upon 
the Voluntary contributions of a fewe in the Neighborhood (I commend 
him not for it) but being unable to travel he keeps to one house has the 
4 of Chamber for his apartment and the Liberty of a large room to 
Preach in there's one Crisp my Neighbor gone for England, I doubt not 
but impower'd to endeavor to procure more and better Missionaries that 
will enrich the People but take nothing from them, this is the squeamish 
Gent" who instead of conform to would have it said in the Vestry Act 
every Vestry man should promise not to oppugn the Church as by Law 
Established and after all tho' appointed, refused to become a Vestry man 
I am 

Your most humble serv" 

JOHN URMSTONE 



[From Pollock's Letter Book.] 

TT , . May 3 d 1718 

Hond Sir J 

I had the favor of your kind letter of April the 9"' with the writing 
enclosed, and to make what discovery I could if their was any evil design 
of the Tuscaroras or Senecas against us, I sent out Mr Charlton to 
Blount's town, on another pretense, to make what discovery he could, 
who returned last week, and says he could not find nor perceive that 



COLONIAL IiECOEJDS. 305 



these Indian had any evil design against the government : and that Blount 
was very kind, and earnest to send out twelve or thirteen of his men 
against the Enemy Indians at Neuse. And when Charlton told him 
that he had not heard any thing yet that the corn was carried to Neuse, 
or landed there, but Blount told him it was no matter, he would send 
out his men to Pemptico, and that they might stay hunting about Pamp- 
tico, until your Honor had account that the corn was landed at Neuse. 
Only Blount desired one favor of your Honor: that if his people should 
have the good fortune to catch or kill these enemy Indians, yet there 
could not be a slave a head to each of them, but that several of his men 
who might be there, and as forward and as ready as* the other to catch or 
kill them, yet might not catch any of them, might yet be allowed some 
gratuity for their trouble, as a blanket or some such matter. This is 
what account I have had from Charlton. 

And as for the Senecas' rudeness at Wekocanaan : it is either natural 
to them to be so, or else they have a mind to drive away the people from 
their settlements their it lying in their way to Blounts town ; and I can 
not understand that Blount is so desirous of so many of the Senequas 
coming among them and spending up their provision, only can not help 
it, and is obliged to keep in with them I doubt not but that your 
Honor remember that about two years since I had a writ of escheat 
directed to John Palin Esq 1 escheator General, to enquire by a jury of 
twelve good and lawful men whether the plantation at Sandy Point were 
ascheatable or not, which I deferred to use on the following reasons : 
First, because I was willing (if it could have been done) to have had it 
first determined concerning the validity of the will secondly, there being 
other two tracts of land escheatable as well as the plantation at Sandy 
Point, I was willing to have it all done at once ; Lastly and chiefly, 
was because the Escheator was command to inquire whether the said land 
was escheatable or not, which in my humble opinion, and so far as I can 
find, is not right as it ought to be. For all that the escheator is to find 
(so far as I can understand it) [is] whether the person that died seized 
had any heirs in the Government or npt ; for whether a will or no will, 
is no part of the escheator' s duty to inquire into : and this would give 
only a handle or pretence to some to amuse the Jury, and may be the 
judge too, by pretending albeit there was no heirs in the government, 
yet there being a will the land was not escheatable, and so over rule the 
Jury to bring in their verdict that the land is not escheatable. To pre- 
vent which I have enclosed a form of a write of escheat which I believe 
may be more proper. For the finding of the Jury, that such persons 
39 



306 COLONIAL RECORDS. 



hath no heirs in the Government, can be no detriment or hindrance to 
any person that is donee, or devisee of any land by will, nor unto any 
heir, if he come in and make claim in the time the Law allows. 

Also I have included in the form of the writ, to inquire wither Col 
Wilkison hath any heirs in this Government, which being for the same 
land, I believe may be included in the same writ, and can be no preju- 
dice to any person, but may obviate some pretensions that may after- 
wards arise. All which I leave to your Honor's more mature consider- 
ation to do therein as you shall see most convenient; only entreat the 
favor of your answer by the first opportunity. For I would willingly 
have this matter brought to an end ; and I doubt not by the first letter 
to some of them from Col Gale there will be some other amusements of 
new Law books, gudges, or Attorney General's opinions et cet. 

My son Thomas recieves with his utmost and real acknowledgement 
your Honor's favor to him, but pretends himself as yet uncapable of act- 
ing in these posts; wherefore he humbly begs your excuse at present. 
But I am in great hopes he will endeavor to improve himself, and make 
himself capable of being serviceable to your Honor and the country in 
some short time. 

Having no news here of any moment; only there is a report that some 
of the pirates have come in and submitted themselves to the government in 
Verginia, and brought in considerable quantities of money with them. 
Your news-books, which I recieved by Capt" Lovick, after perusal shall 
return them. Your Honor's excuse for this long scrawl is humbly begged 
by him who most sincerely is 
sir 
Your most obedient 

Humble Servant 

THOMAS POLLOCK 



[B. P. E. O. N. C. B. T. 7. p. 101.] 

St James' July y° 29 th 1718 
Present 

Lord Carteret Palatin 
M r Ashley 
S r John Colleton 
M r Danson 



COLONIAL RECORDS. 307 



Order'd that a letter be writ to the Gov' of North Carolina signifying 
their Lordships pleasure that all the former Deputations, the old method 
of making & appointing the Council be revoked And that M r Eden do 
immediately constitute a Council consisting of himself & ten Councillors 
as the custom is hi Ids Majesty's other Colonies to be assistant to him in 
the administration of the government and to make up a part in the Leg- 
islature. *- 

Order'd that the Laws of North Carolina be brought to the Board 
next week 



> Esq™ Lds prop rs Deputys 



[Council Journal.] 

North Carolina 

At a Council held at Sandy Point in Chowan July 31 st 1718 
Present the honble Charles Eden Governor Captain Gen" & Ad" 

Thomas Pollock"' 

William Reed 

ffra ffoster 

ffred Jones 

Rich 4 Sanderson^ 

Upon Petition of Mathew Pritchet praying Adm tn on the Estate of 
Patrick and Gregor M c kgreory may be given to Jane Pike Widdow in 
behalfe of her Children as nearest of kin 

Ordered that y" same be granted as pray'd for 

Upon Petition of M r John Blount praying an order for a survey upon 
a Tract of Land Lapsd last Council by Co" Maurice Moore belonging 
to the afos d Blount 

Ordered that the surveyor General or his Sufficient Deputy M r James 
Beesly M r Rich d Lewis and M r Thomas Luten J r or any Two of them 
with the Surveyor General or his Sufficient Deputy some time between 
the first of October and the Twenty fifth of the same next ensuing or 
sooner if it can be clone doe make a Survey upon the afors d Land and 
return the same with a View thereof upon Oath whether the same be 
sealed or not according to leave, to this Council and that y" s a Blount 
and Moore be served with Coppy of this order and attend accordly 

Upon Petition of Rieh d Shuner setting forth that he survey d near the 
punch Bowie at the Bear Swamp in Perquitnons precinct 800 acres of 
Land which was returned in two Surveys of 400 Acres each and obtained 
pattents for the same which was seated as near as this petitioner could in 
the midleof the Two Tracts but for want of adivission line is appreheu- 



308 COLONIAL RECORDS. 



sive one of the s d Tracts is Lapsable for want of seating therefore prayes 
an order of this Board for Lapse pattents for the afs d Lands 
Ordered that the same be granted 

Upon Petition of Mary Williamson late wife of Christopher ffirebent 
praying for a patent for some Lands her Husband Dyed possessed of 

Ordered that the right to the s d ffirebents lands be in the said Mary 
Williamson and that if the s d Lands be not in the Controverted Bounds 
pattents Issue out for the same 

Upon Petition Sarah Mary and Rose Blount prayes for a pattent for 
640 Acres of Land in pamlicough the pattents for the same being burnt 
by accident 

Ordered that upon the Governors enquiring into that matter if it 
appeare as the petition Sets forth a new patent Issue for the same 

Read the Petition of Lemuel Lanier. 

Ordered that it lay till the next Council and that the s a Lanier attend 
this Board to make out what he sets forth in his petition 

Upon Motition of Daniel Richardson Esq 1 praying for Letters of 
Adm n on behalfe of the Ld B Prop™ on the Estate of Co 11 Thomas Gary 
Dece d 

Ordered that the same be granted 

Upon a Complaint of Cap* John Hoyter, king of the Chowan Indians 
that the neighbourhood intrude upon him and his people and take away 
their Lands 

Ordered that the Surveyor General or his sufficient Deputy at ten days 
notice attend ffred Jones Esq r up to the said Indian Towne and follow 
his directions in laying out the s d Indians Lands and that the Sec ty or his 
Deputy send him Coppys of all orders passed relating to grants made to 
the aforesaid Indians as soone as possible. 

Whereas the present Assembly stands adjourned till the first day in 
August next its Ordered by this Board that they be further adjourned 
till the second day of November next ensuing and that a proclamation 
Isue accordingly 

This Board taking the Act of Bath County into their Consideration 
it is their opinion and desire that the Governor as soone as possible raise 
foure parties of men to consist of Ten white men and Indians each to 
be under the comand of any person or persons he shall Judge capable 
to be Employ in destroying' the Enemy Indians and that he supply them 
with provissions and other Necessary s fit for such an Expedition by 
Impressing or otherwise as he shall think most proper and that each 
partie of men be employed at the following stations Viz' one party at 



COLONIAL RECORDS. ' 309 



the forke at Neuse one party between Adams Creek and Trent river one 
party on the north side of the Neuse rangeing towards bear river and 
one other party at Core Sound and the provost Marshal for the County 
of Albemarle is forthwith ordered to make an end of Impressing the 
hundred and fifty Bushell of Corne and other grain ofder'd last Council 
and see that its sent away directly to Captain Catling at Nuse at the s" 
provost Marshal is hereby Impowered to Impress any proper Craft and 
persons to carry the s d corne to Neuse as afs a 

Whereas several indirect practices and abuses hath appeared to this 
Board by persons Lapsing Lands without the party appearing from 
whonie the Lands were taken 

Ordered that for the future pattent shall not pass for Lapse Lands till 
notice be given to the party in possession and this Board is sattisfied that 
the s d Lands are Lapseable and that no pattent shall be Issued by the 
sec ty or his Deputy until they have passed the Examination of Co 11 
Thomas Pollock aud ffred Jones Esq r who are appointed inspectors into 
that affair 

It being represented to this Board that divers entries of Land are 
daily made in the Controverted Bounds and other Iregularitys Commit- 
ted by entries of Lands in other plases 

Ordered that the Surveyor General at the Councils held in the months 
of March July and October yearly lay before this Board copys of all 
his Entries and Surveys of Lands with a coppy of his Instructions the 
first Council that sits and that he attend the Board in person and be 
served with a Coppy of this order 



[From N. C. Letter Book of S. P. G.] 



M r URMSTONE TO THE SECRETARY.— (Extract.) 

North Carolina 18 th 8ber 1718 
Sir 

America and the Climate Kills many I am Informed there have 

9 or 10 Clergymen died in Virginia since I came into America, and not 
many less in South Carolina, some are of opinion that my life is owing 
under God to poor living sparing and ordinary diet with much exercise 
and sometimes hard labor — but age makes me abate of the latter so that 
I feel my fare will be worse if that can be, I set out to-morrow to a place 
near a hundred miles off', must cross a broad Water near 12 miles in a 



310 " COLONIAL RECORDS. 



canoe, where M r Keith stopt when in the province, where I hope to get 
a little beef and pork if I fail we shall inevitably Starve, and to go a 
begging will avail little. I've tried that nay more than once, my family 
have had little else for sometime, but a little boiled corn such as others 
feed their Hogs with, and now and then mush, alias hasty Pudding 
made of Indian Meal, or rather water Porridge such as is eaten in the 
north of England, and would be good food had we a little salt butter to 
it. The longer I stay here the poorer I growe — Apparel, and House- 
hold stuff wear out, and how to recruit I knowe not, my Salary as man- 
aged will not keep us, nothing is to be expected from the Parish I can- 
not prevail with the Vestry Men to meet, the Governor has endeavor'd 
to cause them but in vain he has Difficulties enough to grapple with, this 
Country abound with Men of all sorts and fashions, opposers of all that 
wish well (to) it,' the spirit of contradiction reigns here, they are not 
to be governed, but by methods of their own contriving, like no religion 
but one of their own making and will be served in their own way — I 
have more than once, desired that I might receive half my Salary yearly 
at Barbadoes, either by Bills of Exchange, or General Letter of Credit. 
I want many things, from them, my Bill will not pass there for want of 
an indorser, which is wanted in other Governm' 8 , also to my great disap- 
pointment Goods arc to be bought uowe in Virginia at the first cost in 
England, a Couple of Good Slaves, that speak English, and that have 
been used to plantation Work, and a Wench for the House I want sore ; 
my son is grown up and hath great offers made him in England 'tis not 
justice to make a negro of him, as he has been for several years, work a 
hoe and axe, and may live like a gentleman in England, which he must 
never expect to do here, there being but few of that degree among us I 
am denied one of the greatest Comforts of Life in conversation, with 
either the living or the dead, the Library at Pamptichoe, sent in for the 
use of Clergymen by Dr. Bray in all appearance will be to all destroyed, 
that place being abandoned and so will all the country be in a short time 
for fear of 7 or 8 Indians, the remnant of some of the Towns are 
destroyed in the late War, who with the assistance of some from the 
North, and South, do great mischief and threaten the whole Colony, so 
helpless are we and a prey to ev'rv body, that will attack us the Books 
Mr. Gordon should have brought in, and did of right belong unto me, 
were left with Mr. Wallace late Minister of Reekotau in Virginia, and 
those Mr. Adams left at his death and demanded by me are detained by 
the Worthy Gent" of the Vestry who say they are' appropriated to that 
Parish, and no man shall have them except he'll reside, which I would 



COLONIAL RECORDS. 311 



not do for £500 per ann m Now I beg as I have often done, once more 
that the Hon ble Society may procure an order from the Proprietors to the 
Gov r and Counsel for the delivery of the said Library and those Books 
in Carratuck, which the said Mr. Adams brought in or else send in 
others These several requests^ I have made more than once, and if they 
came to hand ; I cannot see why I have no answer, except the Society 
will oblige me to leave the country, the people would be well pleased, for 
by that means they would avoid paying me £240 which is due to me and 
were it not for the hopes of receiving that money one day I should be 
equally willing to leave them for I am quite weary of my life I was in 
hopes of selling my plantation for half worth and whenever I part with 
it 'twill be at that day yet I must do it unless the Society will comply 
with what is desired and let me have a favorable and kind answer with 
all speed. These are from Sir 

"Your most humble servt 

J URMSTONE 

Missionary 



[Council Journal.] 

30 Oct 1718 
North Carolina— ss 

At a council held at the house of Co" Thomas Pollock Octo 1 ' the 30 th 
1718 

Present the Hon bIe Charles Eden Governor Cap' General & Adm 11 
Thomas Pollock ^| 

feffiS Esq" Lds prop- Deputys. 

Rich 4 Sanderson J 
The Hon ble the Governor having laid before this Board several papers, 
proposals & Instruments between himself and the Governor of Verginia 
towards adjusting and determining the Boundarys between this Gover- 
ment and that of Verginia and haveing likewise made known to the 
Board that he has orders from the Lds Proprietors to settle the same 
agreeable to the proposals afors d 

Its therefore Ordered that ffred Jones Esq 1 Coll William Reed and 
Capt Rich* Sanderson or any two of them be and are hereby apointecl 
Comissioners for that punpose who with the Surveyor General on the 10 th 
of May next ensuing are to proceed to lay out a line between the Two 
Government agreeable and according to the Instruments Signed by both 



312 COLONIAL RECOEDS. 



Governors afors d for that end and' that the Surveyor General give the 
Governor of Verginia timely notice of this order that Comissioners may 
be by him appointed to meet the Comiss rs of this Goverment at the time 
afors d for the purposes an intent afors d and likewise that the Surveyor 
General procure six freeholders of this Government to attend the Com- 
missioners while the s d line is running and all other charges he or they 
may be at in and about the premises they are hereby directed to draw 
upon the Lds Receiver General who has orders to answer and pay the 
same out of their Ld sps Revenues 

Its represented to this Board the setting of the last Council that divers 
Iregularitys and abuses were Committed in Lapsing lands where upon 
our order framed in these words viz' that for the future pattents shall not 
pass for Lapsed Land till notice be given to the party in possession and 
that this Board is sensible that the Lands are Lapsable 

Which order being again Considered off by this Board and found to 
be hindrance of settling Land pursuant to the pro TiBU mentioned in the 
pattent 

It is therefore further ordered that upon any persons petitioning for 
Lapsd Lands for the future pattents shall immediately be granted which 
s" pattents shall Lye in the Sec ty Office till the person in possession have 
notice given him by the Constable of the precinct where the land Ives 
and if such person after notice as afs d shall not showe sufficient reason to 
this Board why pattents should not Issue by the setting of the next 
Board after such Lapse pattents are obtained that then the Sec ty deliver 
the pattent to y e persons praying for the same 

Co 11 William Reed Petitions for a Lapse pattent for 640 Acres of Land 
lying in Pasquotank surveyed by Augustine Scarborough being not Seated 
as the pattent directs 

Ordered that a pattent Issue pursuant to the afs d order 

Upon Petition of M r .John Blount praying an order might pass for a 
Resurvey upon the Land now in dispute between Co" Maurice Moore 
and the s d Blount and this Board by the surveyors returne now laid be- 
fore them being made sensible that the Quantity of Land wanting to 
make up an Acre is not so much as the fence stands upon 

Its therefore Ordered nemlne Contradk-ente that the Surveyor General 
make a resurvey of of the s d Land without the fence so fiirr as the s d 
fence extends as pray'd for and that M r Blount give notice to Co" Mau- 
rice Moore that he may attend and this Board being in all likelyhood to 
continue setting a Considerable time by reason of the assembly meeting 
Therefore its further ordered that the returne of the afs" survey be made 



COLONIAL RECORDS. 313 



this present sitting of the Council and that all persons formerly ordered 

to view the same attend this Board as afsd 

Upon Petition of Henry Lisle setting forth that he is sattisfied and p d 

by W m West for a Tract of Land now in disput between him and the s d 

West praying that a pattent for the s d Land goe out in the s d West name 
Ordered that the same be granted as prayed for 

CHARLES EDEN 
THO* POLLOCK 
W m REED 
FFRA FFOSTER 
RICH d SANDERSON 



L COUNCIL JOUKNAL.] 



4 November 1718 
North Carolina — ss 

At a Council held at the House of Co" Tho s Pollock Nov r y° 4 th 1718 
Present the Hon* 1 " Charles Eden Esq 1 ' Governor Cap' General etc 
Tho s Pollock -I 

William Reed ! -n, rs r -, t „ ^ , 

ffred Jones \ Es< l Lds P r0 P De P ut ^ S 

Rich d Sanderson J 

Two Letters being laid before this Board from M r Sec ty Knight Dated 
Octo r y e 30 th 1718 giving an ace' that a great body of Indians are now 
about Bath Town that tliey have seized M r Worsleys daughter and sonn 
with a white servant and Negroe and that Rangers have been sent out in 
search of them who have rataken M r Worseleys son this Board haveing 

duly considered of the said Letters and Examined Adershire 

one of the Rangers who was at the retaking the afs d young man from the 
Indians and not being fully sattisfied of the information it is there opin- 
ion before anything further be done it that a messenger be immediately 
sent away to Bath Towne to M r Sec' 7 Knight with orders for him to send 
the s d M r Worselys son directly into the Council who will continue sit- 
ting til the return of the s d messenger and that M r Sec' 7 returne a very 
full ace' of the matter and of every thing that may have happened since 
his dated as afors d in the afternoone Then this Board adjourned til the 6 th 
of this Instant Novem r to M r Grils House in Matitracomack Creek 
Nover 6 th The Board met again Present the Hon" 6 the Governor 

William Reed ) 

ffred Jones V Esq rs Lds Deputys 

Rich d Sanderson ) 

40 



314 COLONIAL RECORDS. 



Upon Petition of Co" Edward Moseley as Attorney of M r Maurice 
Moore setting forth that an order passed last Council for a Resurvey on 
the Lands in dispute between the s d Moore and M r John Blount was 
obtained Exparte and prays that persons before ordered to view the s a 
Land doe first make their returne to this Board before any new proceed- 
ings be had thereon 

Ordered that the subject matter of the s a Petition be taken into Con- 
sideration on Munday next and that no proceedings be had thereon till 

then 

CHARLS EDEN 

WILLIAM REED 

FFRED JONES 

RICH* SANDERSON 



[B. P. K. O. N. C. B. T. Journals. 7. p. 107.] 

Nov r 7 th 1718. 
Present 
Lord Carteret Palatin 
M r Ashley 
S r John Colleton 
M r Danson. 
A letter from M r Eden & the Council of North Carolina setting forth 
that the prohibition of the sale of land in North Carolina is inconsistent 
with the selling of the Province &c. was read and their Lordships agreed 
to consider further of that matter when they have received an answer 
from that Province in relation to M r Moseley's Proposals for the better 
ascertaining the Chief Rents. 

' Agreed that M r Eden may have a Title and that the Order under M r 
Eden and Col. Spotswood's hands may be approved of, and consented to 
by his Majesty 



[Council Journal.] 



North Carolina ss. 

Att a Council holden at the Court House in Chowan November the 
11 1718 

Present the Hon" 1 " Charles Eden Esq r Governor etc 
f Thos Pollock ) 

J William Reed „ „ T , . ^ 

ffred Jones f. Es( l Lds P ro P Deputys 

^Rich" Sanderson J 



COLONIAL RECORDS. 315 



Mr John Hardy appeared before this Board and made a returne of his 
proceedings about the Alarme lately made in pamlicough which with some 
Letters from M r Sec ty Knight and deposition brought in and now laid 
before this Board by Cap' John Worley proves the whole affair a Vil- 
lianous confedercy of M r Worseleys Children and servants with his slave 
Pompey in order as it is believed to keep the s d Slave from the derserved 
punishm* due to him for former Roguerys of this kind done by the s a 
Pompey which being duely weighed and considered of by this Board 
and the ill Consequences that attends such false reports and Alarmes and 
for the Terror of others it is hereby Ordered that M r Thomas Worsley 
before the Marshall discharge him give bond with sufficient security in 
the sum of Five hundred pounds that he and his Daughter Mary like- 
wise attend the Governor and Council or General Court at the next meet- 
ing and stand to and abide such orders as shall be passed ag* them and 
not depart without leave of the Court and that they be of their good 
behaviour in the meantime. 

And it is further Ordered that the Marshall or his Deputys in the face 
of the Courts immediately give to John Worseley son of the afs d Thomas 
Worseley 39 lashes well laid on on his bare back and its further Ordered 
that Nathaniel Ming servant to the afors d Thomas Worseley in Consid- 
eration of his being servant and discouvering the above s d Roguery have 
but 29 lashes on his bare back at the same time and place with M r 
Worseley son 

And its further Ordered that all possible means be used towards apper- 
hending and takeing the afos d Indian slave either Dead or alive and in 
case he should be taken alive that the Governor desired to bring the s d 
slave to speedy Justice. 

Its likewise further Ordered that M r William Charlton immediately 
repair to Blounts Towne and give him an accompt of the discovery made 
in the affairs of Pompey and to let him know the Services done by one 
of his Indians named Johnny and withall that as the Governor from 
time to time informs him of occurrances as they happen that this Board 
expects the same from him and that he will encourage any of his Indians 
to scout out in order to apprehend the s d Pompey that they shall have a 
sufficient reward for the same 

The Surveyor General not haveing laid before this Board his Instruc- 
tions returns and Copy of entries pursuant to an order passed last Coun- 
cil is hereby ordered without fail to lay y e same before the Examiners 
that pattents may Issue. 



CI 6 COLONIAL RECORDS. 



This Board finding it necessary to continue Rangers in. Bath County 
do hereby order that Rangers be continued subject to the Governors direc- 
tions and that the provost Marshall impress the remainder of the Corn 
unpressed and so much more as will make up the quantity 200 bushels 
and that he shall deliver the same to such person or persons as the Gov- 
ernor shall order and appoint and take receipt for the same 

Upon Reading the petition of King Squires and Mackay its ordered 
and declared that all entrys and surveys and patten ts that heretofore have 
been or hereafter shall be made or granted or any sales by them made 
without leave from the Goverment and Council by them and their people 
of the Lands appointed for the Settlement of the Marmiskeet Indians 
shall be invalid and of no Effect to all intents and purposes as if the 
same had never been made or granted and to prevent all further compl" 
its ordered that the Sec' y and the Surveyor General be acquainted here- 
with 

Ordered that writs are Issued for calling an Assembly to Seat y e Court 
House in Queen Anns Creek the first Tuesday in March next 

Upon Petition of John Lovich Setting forth that some months before 
Governor Hyde dyed he entered with the Surveyor General a Tract of 
Land containing by Estermation four thousand acres of Land lying in 
Bath County knowne by the name of Core Towne and by reason of the 
Indian Warr which made it very dangerous to go out in those parts it 
was not survey'd by him before his Death after which Adm 4 "" 1 being 
granted to the widdowe of the s d Governor Hyde she entered the s d Lands 
in her owne name and soone after left the Goverment leaving the care of 
the Afs d Lands in her Atturneys hands who promised Her to see it saved 
to her and further Sheweth that his the petitioners Unkill Edward Pard 
of London formerly lent Governor Hyde a Considerable Sum of money 
which he promised to pay to the petitioner who came out of England 
with him upon the afs d promises and lived with him till his Death but 
never reed one farthing of the afors d money tho he had abundance of 
Assurances that he would do it as soone as the Government was Settled 
(it being then in the greatest Confusion) but his Death prevented, And 
the Widdowe being sensible of the afors" Debt had discourse with peti- 
tioner several times about it and seemed very much Concerned it had not 
been paid and being willing to make some satisfaction as well for the 
money clue to him upon his Unklcs accompt as his Owne Services o- av e 
your Petitioner a Deed for the s d land which is here produced the Peti- 
tioner liaveing such Title as afs d has often moved the Governer that he 
might take out patients for the s" Land and has been and now is ready 



COLONIAL RECORDS. 317 



to pay the purchase therefore but has allways been denyed by reason as 
your Petitioner is told that Co 11 Tho s Pollock had made an offer of the 
afors d Lands (dureing the time of his being President) to the Lord Car- 
teret for a Barony and til his answer is reed is stil denyed the same, to 
the great hindrance of their Lds settlement as well as private Damage to 
this Petitioner, the premises being duely Considered by this Board the 
Petitioner prayes an order of Council forbiding any Entries to be made 
on the s d Land claimed by the petitioner and in case the Ld Carteret doe 
not in Some time lay claim to the same that the petitioner and no other 
have right and Title there to 

Ordered that in case the Ld Carteret doe not make his claim in some 
reasonable time that the right and Title to the s d Land be in the s d John 
Lovich and that all entrys or Surveys made on the same Land for any 
other person be null & Void 

Upon Petition of John Cain setting forth that John Hendricks dyed 
Seized of a Tract of Land lying on the East side of Cascupernung river 
being the point of the river and that he hath made no Will nor is there 
any relations of the s d Hendrick to be found praying a writ may Issue to 
enquire wether s d Land doth escheat & that a pattent may be granted to 
him for the same 

Ordered that a Writt of Escheat doe Issue for the same 

Upon Petition of Cap' Richard Sanderson Setting forth that John 
Hendricks late of this province is Dead and that he dyed Seized of a 
Tract of Land Containing 600 Acres lying on the Sand Banks between 
Cap' Sanderson and Thomas Evans lines which s d Land cloth Escheat to 
the Lds prop' 3 for want of Heirs of the s d Hendricks prays a writ of 
Escheat may goe out to enquire whether the same doth Escheat and that 
the petitioner may have a pattent for the same 

Ordered that a writt of Escheat do Issue for the same 

Upon petition of Co 11 William Reed Shewing that John Jones Jun r 
Survey'd 200 Acres of Land or thereabouts lying on the Broad neck at 
the mouth of North River and pattented the same and afterward Sold it 
to the Pet r but the same hot being seated pursuant to proviso in the pat- 
tent he prays a Lapse pattent may be granted for the same 

Ordered that the same be granted as prayd for 

Upon Petition of Co 11 William Reed Setting forth that John Jones 
Jun r formerly pattented a Tract of Land containing 248 Acres or there 
abouts lying at Powell point the which y" s d Jones has sold to one Thomas 
Williams and the Same not having been seated by either of them as the 
pattent directs prays a Lapse pattent may be granted to him for the same 

Ordered that the same be granted 



318 COLONIAL RECORDS. 



Upon Petition of Cap' James Browne setting forth that one William 
Joy about 20 years Since took up a parcel of Land in Pasquotank Pre- 
cinct Containing 216 Acres or there about which Land the the s d Joy sold 
to one Nickolas Algate but neither of them haveing Seated the same as 
the Law directs prays a Lapse pattent for the afors d Land may be granted 
him 

Ordered that the same be granted 

Upon Petition of fired Jones Esq r Shewing that about five years since 
Mr Lewis Connor of Verginia pattented a Tract of Land lying on the 
long ridge Containing 640 Acres which is not seated as the ^ r vis in the 
s d pattent directs praying a Lapse pattent for the same 

Ordered that the same be granted as prayed for 

The Petition of Co" William Reed was read shewing that Stephen 
Scot pattented a Tract or parcel of Land in the Broad Neck Containing 
400 Acres or thereabouts now in the possession of Edward Son of the 
said Stephen Scot neither of which haveing seated the same as Lawe 
direct he prays a Lapse pattent may be granted to him for the s d Lands 

Ordered the same be granted 

Upon Petition of Co" William Reed setting forth that Augustine 
Scarborough in the year 1708 Pattented a Tract of Land lying in Pas- 
quotanke Containing 567 Acres but did not in his life time nor any one 
Since his Death seat the Same as by Lawe they ought prays he may 
have a lapse patent for the same 

Ordered that the same be granted. 

Read the Petition of Jacob Miller shewing that James Walker late of 
this province dyed Seized of a Tract of Land Containing 800 Acres 
lying on the South Side of Nuse river which Land is Escheatable to the 
Lords prop' 3 for want of Heirs of the s d Walker praying a writt of 
Escheat may goe out to enquire whether the said Land doth Escheat and 
that he may Obtain a patent for the same 

Ordered that a writ of Escheat do Issue for the Same 



[From Pollock's Letter Book.] 



Dec 8 th 1718 



Hon" Sir 

I have herewith enclosed my real sentiments as to the queries proposed 
l»y M r Knight, but must needs acknowledge my weakness in such hidi 



COLONIAL RECORDS. :1J 9 



matters, and want of time, being unwilling to detain the messenger too 
long: and to answer to what you desire in the postscript of Mr Knights 
letter, I declare that I never heard any thing of any applications to Ver- 
ginia concerning Capt" Thach, nor nothing of any intended expedition 
out of Verginia, until I heard that Capt Brand was come in, and that he 
and Col Moore and Capt" Veall were gone to Pamplico. 

There seems to be a great deal of malice and design in their manage- 
ment of this affair : wherefore I hope your Honor will be very cautious, 
and not to give them any opportunity to take advantage, which you 
no some people are ready and willing to do. And the Statute 11 and 12 
King william being that all Governor in the said plantations under pro- 
prietors shall assist the commissioners, as is before expressed in the 
answer, and believing that Governor Spottswood would not act as he does 
by that old commission to Governor Nicholson ; wherefore it is good, in 
my opinion, to be easy in the matter, and ready to do as the law directs, 
that they may be disappointed if they expect any advantages by your 
refusal. And as for the trial of the men, if they will have it in Ver- 
ginia, it [will] ease your Honor of a great deal of trouble, and take off 
the odium of it from this government. 

I hope your Honor will pardon my freedom, and take it in good part, 
and if I have erred any way in my opinion, please to attribute it to my 
weakness and want of a right apprehension of the matter, and not to be 
the want of sincerity of him who is * * * * 

As for the sugars or other goods delivered, or landed to be delivered, 
to the Governor, to be secured for those that can make appear a right to 
them it seems to me that they can not be seized or carried out of the 
government, until by Judgment and condemnation the property be deter- 
mined to be in the King, the Lords Proprietors or recovered by due 
course of law by the owner, and it seems to me the goods being in this 
government, or in some superior government, which is only in England, 
unless the government of Verginia have a commission from our present 
King thereanent according to the statute the 11 and 12 King William, 
which statute was only for seven years, and in the fifth of Queen Anne 
continued for seven years more and lastly in the first of our present King 
revived and continued for five years more and to the end of the next ses- 
sion of Parliament. 

Then as for Governor Spottswood sending in forces here to apprehend 
Capt" Theach and his men, it seems very dark and strange to me for by 
the foresaid Statute 11 and 12 of King William the power of trying 
pirates is only given commissioners to be appointed by the King under 



320 COLONIAL RECORDS. 



the great seal of England or the seal of admiralty. So that unless the 
Governor of Verginia be appointed by Commissioners as aforesaid from 
our present King thereanent, I know not by what authority he could 
send in warlike forces into this Government without the consent of the 
Government. And I should think if he had a commission from our present 
King to act in this manner, it would have been easv to have expressed 
it more fully in his power given to Captain Brand, and it would have 
been reasonable (as I take it) to have sent in a copy of it to the Gov- 
ernor here, that he might have had some guide and directions how to pro- 
ceed in this matter. For as for King Williams commission to Governor 
Nicholson, (as I take it) it was determined at farthest in six months after 
his death, and so I believe can be no sufficient authority for any other 
Governor of Verginia to act by : and also by the same commission the 
Governor of Carolina seemed to be of equal power with the Governor of 
Verginia in the trial of pirates. 

And whereas by the King's proclamation all admirals, Captains, Gov- 
ernors, & cet. are commanded only to seize on and take such of the 
pirates who shall refuse or neglect to surrender themselves according 
to the proclamation : 

Now abeit that Theach and his men have come in and surrendered 
themselves, according to the proclamation, yet if they have been guilty 
of piracy after the 5 th of January last, whether this may not be accounted 
a refusing or neglecting to surrender themselves according to the Law 
intent and meaning of the proclamation. 

And as for carrying out such person to be tried in Verginia, unless as 
is said the Governor of Verginia has a particular commission from the pres- 
ent King, I cannot see how he can legally do it, for, if the act by virtue of 
the commission to Governor Nicholson, by the same commission the 
Governor here hath the same power, and the persons being inhabitants 
of this of this government ought to be tried here, for where two person 
have equal rights, he that hath the possession ought to have the preferance 

I have given my opinion and true sentiments in the matter proposed, 
according to the best of my knowledge impartially, but must acknowl- 
edge my weakness and uuacquaintedness in affairs of such high concern, 
and also want of time, having but little time to peruse the papers and 
return — * * * 



COLONIAL RECORDS. 321 



[Council Journal.] 

30 Dec 1718 
Noeth Carolina ss 

At a Council held at the house of M r Chief Justice Jones's December 
30th 1718 

Present the Hon bl6 Charles Eden Esq Governor Captain General &c 
Thomas Pollock') 

ffred^tnes \ ^ Lds P ro P* De P ut - ys 

Rich 4 Sanderson J 
M r Maurice'Moore and M r Edward Moseley on the 27 th day of Decem- 
ber last having been comitted to the Custoday of the Provost Marshal 
for illegally possessing themselves of the Sectys Office the Journals at 
the Council and several other papers Relateing to the goverment lodged 
at Sandy Point the Dwelling house of Cap' John Lovick Deputy Sec ty 
and the Hon We the Governor haveing called this Board upon the same 
and laid before them his reasons for so doeing 

It is the Opinion of this Board that the s d Moseley and Moore are 
guilty of high Crime, and misdeameaners being not only tending to the 
manifest Injury of the people and Subverting the quiet of the goverment 
but a high contempt and dishonor of the Supreme authority thereof in 
entring into the Offices Afors d and detaining near twenty four hours the 
records papers and Journals afors d and that the Governor has Justly and 
warrantably committed them for such their crimes and being further 
informed that after the committment of the said Moore and Mosely they 
used several dangerous and seditious speeches and expressions endeavour- 
ing thereby to raise Sedition and disturbance in the Goverment 

Wherefore its hereby ordered that M r John Lovick Deputy Sec ty M r 
John Blount and M r Thomas West be Examined upon Oath and their 
Depositions taken relateing to the premises afors d which were accordingly 
taken 

Then the Board adjourned until to morrow morneing early 
Wednesday Morneing this Board met againe present y 8 same 
This Board haveing taken the depossitions of several persons and 
duly considered the Act intitled an an Act for the better and more Effec- 
tual preserving the Kings Peace and Establishing a good and lasting 
foundation of Government in North Carolina they are of opinion that 
M r Edward Moseley is guilty of a breach of that Law where upon it is 

41 



32^ COLONIAL RECORDS. 



Ordered that the s d Edward Moseley do stand further Committed as 
well for the same as also for the charge High Crimes and Misdemeanors 
for which he is now in Custody and further that the afs d Maurice Moore 
do likewise further stand commited for the several Charges of High 
Crimes and Misdemeanors he is now also in Custody until next General 
Court held in March next unless they the s d Edward Moseley and Maurice 
Moore shall in the meane time demand and give good and sufficient bail 
to Richard Sanderson Esq* in the sum of Two Thousand pounds each 
to answer the causes they allready stand Committed for, and the s d Mose- 
ley in the further sum of one thousand pounds to answer the breach of 
the afors d Lawe and also for their appearance the first day of the s d 
Court and in the meanwhile to be of their good behaviour and that the 
Atturney General be ordered to prosecute them for their offences 

Ordered that the Sec ty prepare a proclamation for the better preserving 
Kings peace and for the observing the penal Laws and that it be pub- 
lished as soon as possible 

Whereas the Hon* 1 " the governor haveing laid before this Board a 
Narative of his proceedings about the Surender of Thache and his Crew 
to him and of Some disorders committed by them while at Bath Towne 
and By what means they were quieted together with the manner of his 
clearing out for the Island of St Thomas and his returne to Bath Towne 
the second time with his bringing into this Governm' as he pretended a 
Wreck laaden with sugars with a full accout of his behaviour till the 
Sloops of Warr from Verginia attacked and killed him at Ocacok Inlet 
as also the steps taken by the Governor of Virginia and Cap' Ellis Brand 
(Comander in Chief of both the afs d Sloops) since Thaches Death with 
their demands as to the people that had surrendered themselves to this 
Government and their Effects and the conclusion that he came to there- 
upon And the Governor haveing further informed the Board that on the 
27 th day of December last he had information that M r Maurice Moore 
and M r Edward Moseley took into their possession the Records of the 
Goverm* and possessed themselves of all his owne papers keeping him 
out of his owne Lodging roome and barring the Secty from his office 
upon which he committed them both to the provost Marshall and their 
being a full accompt upon Oath of their Impudent behaviour since and 
Threatning speeches. 

Ordered that the Secty prepare an address to the Lds prop trs upon the 
subject and as soone as finished that the Deputy Sec ty attend the members 
of this Board with it for their approbation and signeing 



COLONIAL RECORDS. 323 



Whereas this Board having considered that the time of Collection draw- 
ing very neare and that after the 25 th of March a much greater sum of 
the publick money will be ready to be sunke have deffered the calling of 
the Assembly to the Consideration of the next Board 

Upon Motition Co" Thomas Pollock praying a writt of Escheat for 
all the Lands that Co" Willialn Wilkenson died seized of and all the 
Lands of Ester Wilkenson who afterward Married the s d Co" Thomas 
Pollock. 

Ordered that the same be granted. 

Whereas it hath been by long experience found by the frequent and 
Necessitous meeting and Calling the Council together that the same is 
very expensive as well as burthensonie to them by not only neglecting 
their own private business but also by their Travelling so farr distant 
from their owiie habitations as, most of them must and the trouble they 
are forced and compelled to Create to some one or other of them in enter- 
taining the rest of them and their servants many times several days 
together wherefore the Hon We the Governor by and with the advice and 
Consent of this Board have well Considered the same and in order to 
Redress the afs d inconveniencys and that each of the Council may with 
more cheerfulness and readyness Attend the meetings afs d they have 
thought it very reasonable that the expences of the meeting of the Council 
should be for the future borne & defrayed out of the Lds prop tr Revenues 
and thereupon have ordered their Lds Receiver General to pay and defray 
the same according to an article in his Instructions for doing all such 
matters as the Governor and Council shall think reasonable 

Upon Petition of Rich" Sanderson Esq r Son and Heir of Rich d San- 
derson Esq 1 praying that Estate. whereof his s d Father Dec'd Died pos- 
sessed might be and remain in his possession untill the Controversy about 
proving his late Father will be determined 

It is Ordered that Co 11 William Reed M r Thomas Taylor and William 
Bell of Couratuck or any one of them in Conjunction with the above 
named Richard Sanderson doe take into their care and possession the s d 
Estate and make a true Inventory thereof he having given security before 
this Board for his returning the s d Estate or so much thereof as shall 
hereafter appeare to be due and of right belonging to M r Thomas Swan 
they giving notice of the time of the Inventorying the same to the s d Mr 
Swan that he may be then there if he thinks fitt 

It being represented to this Board that the Surveyors of this Province 
by their not perticularly mentioning in their returns where the Land 
returned by them lyes is of great prejudice not only to the people but 



324 COLONIAL RECORDS. 



also to Lds prop era wherefore its ordered that hereafter all returns shall 
be very full and particular as to the Scituation of the Land and the Sec ty 
and his Deputy are hereby ordered not to make out pattents for any 
Land unless such returns are very full and Intelligeable 

Ordered that the secretary and the surveyor General by the Sitting of 
the next Council bring in and lay before this Board all the Blank War- 
rants for Land that either of them may have in their keeping or posses- 
sion without fail 

Ordered that it be a standing rule for the future that the Minutes of 
the Council be signed by this Boad allways before their breaking up 

Ordered that the Secretary prepare a Letter to be sent to the Lords 
p r0 ptra f or tne Recomending ffred Jones Esq r to be Chief Justice of this 
province 

CHARLES EDEN 
THOS POLLOCK 
FFRA FFOSTER 
FFRED JONES 
RICH d SANDERSON 
Coll William Reed comeing in after this Board broke up and Two of 
the member gone the whole affaires of this Council was Communicated 
to him by the Governor Co" Tho 3 Pollock and M r Chief Justice Jones 
and haveing thouroly examined the same and agreed to all the proceed- 
ings has hereunto Set his name 

WILL REED 



1719. 

[From the Spotswood Letters. V t 6l. II. p. >272.] 

February ye 14th, 1718 [1719.1 
lo my Lord Cartwright: J 

My Lord : 

The Neighborhood of your Lordship's Province of Caro- 
lina has afforded me divers opportunity* during my Administration here 
of Testifying my Regard to the Interest of the Hon'ble Proprietors and 
the Relief of the People, as well during the Civil Commotions in the one 
as the Indian War, wherein both has been mim-Hsfullv enea^ed. As I 



COLONIAL RECORDS. 325 



cannot be unconcerned when any. Dangers Threaten the King's Subjects 
in that Neighbourhood, I hope the part I have lately acted in Rescueing 
the Trade of North Carolina from the Insults of Pyrates upon the Earn- 
est Solicitations of the Inhabitants there, will not be unacceptable to 
Your Lords'p, and it is more necessary I should give Your Lord'p a true 
Relation of that matter, because I perceive some of your Officers in that 
Governm't inclinable to misrepresent it as an Invasion of the Rights of 
the Proprietors. Your Lord'p will, therefore, be pleased to know That 
about the beginning of last June, one Capt. Thatch, a Notorious Pyrate, 
refused to accept of his Majesty's pardon offered him by the Governor 
of South Carolina about eight days before he Lost his Ship at Topsail 
Inlett, with one of the four Sloops he had in his Company, upon w'ch 
he and his Crew pretend to Surrender to the Governor of No. Carolina, 
most of his people dispersed, some going towards Pensilvania and New 
York, and others betaking themselves to their former Villanies, under 
the Command of Major Bonnet Thatch, w'th about 20 more, remained 
in No. Carolina, and kept one of the Sloops, pretending to Employ 
themselves in Trade, but both their discourses and Actions plainly show'd 
the wickedness of their Designs. The Inclosed Affidavit of one of the 
Inhabitants of that province, and M'r of a Vessell there, will best display 
Thatch's insolent behaviour, and how little sensible that Abandoned 
Crew were of the Clemency they had received. Upon the repeated Ap- 
plications of Trading People of that Province, and the Advice that Tach 
had taken and brought in hither a Ship Laden w'th Sugar and Cocoa 
without either men or Papers, I thought it necessary to put a Stop to ye 
further Progress of the Robberys, and for that purpose, having pre- 
vailed with our Assembly to give considerable Rewards for the Appre- 
hending and destroying of these and other Pirates I hired two Sloops, 
furnished them w'th Pilotts from Carolina, concerted w'th the Capt's of 
his Maj'ty's Ships of this Station the proper Measures for extirpating 
that Gang of Pyrates. These Sloops, fitted with Men and Officers from 
the King's Ships, Came up with Tach at Oecceh inlett on ye 22nd Nov'r 
last, and after an obstinate Resistance, wherein Tach, w'th nine of his 
men, were killed, and nine more made prisoners, and took his Sloop, 
w'ch was mounted w'th 8 Guns, and in all other respects fitted rather for 
piracy than Trade. The prisoners have been brought hither and Tryed, 
and it plainly appears that the Ship they brought into Carolina was, 
after the date of his Majesty's pardon, taken from the Subjects of France 
upon the high Seas, near the Island of Bermuda, and the Men put on 
Board another ship of the same Nation taken at the same time, and was 



326 COLONIAL RECORDS. 



not a Wreck, as Tach persuaded the Governm't of your Lord'p's Pro- 
vince to believe. 

Now, my Lord, it seems to be taken very much amiss that this Pro- 
ject of Suppressing the Pyrates should have been concealed and put in 
Execution without the participation of your Lordship's Gov'r, and, in 
the next place, that the Goods w'ch Tach had Piratically taken should 
be brought into this Colony to be condemned. To the first of these I 
beg leave to Answer That your Gov'r living very remote from hence, in 
a Place thinly Populated, and where these Pyrates had their chief 
resort, I considered that should ye Design Miscarry, your Gov'r must 
have been more exposed to their Revenge for being lett into that Secret; 
That he was there without force to defend himself, and consequently 
could contribute nothing to the Success of the Design, and, besides, the 
business required such Secresy, that I did not so much as communicate 
to His Maj'ty's Council here, nor to any other Person but those who 
were necessarily to be employed in the Execution, least among the many 
favourers of Pyrates we have in these Parts some of them might send 
Intelligence to Tach. To the second, as I gave no directions for the 
seizure of any Goods upon your Lo'p's Soil, so I have taken care that 
the whole Effects brought from thence be duly Inventory'd and secured, 
and that no Decree shall pass here until your Lord'p's Depntys be heard, 
for which purpose Notice is sent to Carolina of the time of holding the 
Court of Admiralty, and I am Confident from the understanding and 
honesty of the Judge of that Court that your Lord'p and the other 
Hon'ble Proprietors w'U receive as much Justice as if the Tryal had been 
in your own Province. As I am also well assured that if you have a 
Right to any of these Goods you w'U be considerable Gainers by their 
Importation and Sale here, where there are many more purchasers for 
such Commoditys than in Carolina, and I may say without Reflection 
much better Payment, but it is not improbable the True Owners may 
yet put in their Claim, w'ch w'll put an end to that dispute and to all 
pretensions, except for the Salvage, and I believe your Lords'p is too 
Generous to ask from the men who ventured their Lives to Rescue it 
from the Pirates, considering the Expense of Blood it cost, there beino- 
no less than 12 Killed and 22 Wounded of the Kino's Men that went on 
this Service. 

This, my Lord, is a true Acco't of the late Action in y'r Lords'p's 
Province, w'ch, however, it may he represented through the mistaken 
Notions or Passions of some men, I hope your Lords'p w'll find nothing 
in my Conduct therein derogatory to the Ilonour of y'r Government ov 



COLONIAL RECORDS. 327 



your Lo'p's Interest. If the necessity of preventing the Growth of so 
dangerous a Nest of Pyrates in the very road of the Trade of Virginia 
and Maryland, as well as of your Lords'p's Province, and the secresy to 
w'ch I was obliged for the Effectual Carrying on this Service has forced 
Me to pass over some forms w'th Your Government, I hope Success may 
atone for that Omission, and I doubt not your Lords'p w'll prefer the 
benefit of so many of the King's Subjects, (w'ch must otherwise have been 
exposed to the Rapine of these Pyrates,) to the present Resentments of a 
few discontented Men, as I shall always preferr to all the Applause or 
Obloquy such Men can give, ye Satisfacon of being, as I truly am, w'th 
the greatest respect. 



[B. P. R. O. B. T. Virginia.. Vol. 60.— Extracts.] 



VIRGINIA— JOURNAL OF THE COUNCIL 

The 11 th day of March .1 71 8(-9.) 
The Governour acquainted the Council, that five Negroes of the Crew 
of 'Edward Tack and taken on board of his Sloop remain in Prison for 
Piracy. That he had delay'd their Tryall till the severity of the Winter 
Season was over that he might have a full Council in order to a more 
solemn Examination of the severall Piracies of which these and the rest 
of that Crew have been Guilty. That he judged this the more necessary 
because he finds Reports are Industriously spread abroad that Thatch and 
his Crew were not only within the benefitt of his Maj ty8 late pardon ; but 
that the Sloops were fitted out for taking them after the said pardon was 
actually arrived here, tho it is easie to be proved that the same did not 
arrive till upwards of a Month after these pirates were taken and what 
is yet more unaccountable practices are sett on foot in the Government of 
North Carolina to justifie that Crew as Innocent of any Piracies since 
their first Surrenders. That he hop'rl a greater number of the Council 
would have met now, but seeing no more are to be expected at present 
he desired the opinion of this Board whether there be anything in the 
Circumstances of these Negroes to exempt them from undergoing the 
same Tryal as other pirates, 

Whereupon the Council are of opinion that the said Negroes being 
taken on Board a Pyrate Vessell and by what yet appears equally con- 
cerned with the rest of the Crew in the same Acts of Piracy ought to be 
Try'd in the same Manner; and if any diversity appears in their circum- 
stances the same may be considered on their tryal 



328 COLONIAL RECORDS. 



[Council Journal.] 



North Carolina — ss 

At a council held at the house of William Dinkinfield Esq r April the 
3 d 1719 

Present the Hon* 1 " the Charles Eden Governor Capt. General and 
Admiral 

The Surveyor General haveing made a returne to this Board reporting 
that the Land in Controversy between M r John Blount and M r Maurice 
Moore resurvey'd by him by order of the Governor and Councill Con- 
tains three thousand feet above an acre and that there was an error in 
his first returne of that matter which he has now rectified and finds by 
the courses in his s d first returne which is within the fence of the afors d 
Cleare ground there is some feet above an acre 

And M r James Wiueright being sumoned upon this occassion laid before 
the Board a plat of the afs a Land in Controversy between the s d Blount 
and Moore according to the Courses and distances Observed by the sur- 
veyor General pursuant to the first order of Council which contains three 
hundred & ninety feet above an acre 

Whereupon this Board haveing Considered the same are of opinion 
that the s d Land belonging to M r John Blount was not Lapsable and 
that the.pattent granted M r Maurice Moore was Clandestinely and serep- 
tiously obtained , 

Its therefore ordered by this Board that the s d Pattent granted to the 
afs d Maurice Moore be declared Null and Void to all intent and purpo- 
ses as if the same had never been granted 

The Petition of Solomon Davis Alice Billet Sarah Ward and Tamer 
Creech being the Children of Samuel Davis Dec'd was read and Alice 
Billet being called and she infbrmeing the Board that Cap' Benjamin 
West has disposessed her of part of the Estate left her by her s a Father 
without any maner of pretence that she knows of 

Ordered that the s d Benjaman West attend this Board at its next siting 
which will be at Matichacomack Creek the Thursday following the open- 
ing of the next General Court 

A Certificate from M r John Pal in Escheator General was read setting 
forth that there was a Tract of Land returned by him which did Escheat 
to the Lds prop trs lying in Nuse and M r Receiv' General Assureing this 
Board that M r Edmund Gale hath p" him the Composition money there- 
fore 



COLONIAL RECORDS. •".2,0 



Ordered that a pattent for the s d Land doe Issue to the s d Edmund Gale 

Adjourned til Saturday morning 

Saturday morning Ten a Clock this Board met again 

The Governor haveing laid before this Board a Letter from M r 
Edward Moseley directed to him dated Janry 29 th 1718 which being 
read the Board are of opinion that the same is a seditious and scandalous 
Libel containing several false and Villianous reflections on the Governor 
and Councils proceedings 

Its therefore Ordered that the s d Letter be put into the Atturney Gen- 
erals hands to prosecute the s a Moseley thereupon 

This Board haveing been informed that a wrong Construction is put 
upon a Clause in the act for raising the sum of Twenty foure Thousand 
pounds etc which proves a great hindrance to the receivers in-their Col- 
lections of the annual Taxes (Viz') Be it enacted if any person shall 
neglect or refuse by the space of three years to pay the sum of Two 
shillings and Six pence for every hundred of Acres as by this act is 
directed or if any Land held in this Goverment shall be consealed by the 
space of three years and no accompt given to the Clerks as by this act is 
directed and if it shall happen that there cannot be anything found on 
the s d Land where upon to Levy the forfeitures the Justices of the pre- 
cinct Court where such Land lies shall have full power and authority to 
sell so much of the s d Lands as shall sattisfy and pay the same 

Its there opinion that this Clause is binding til all the publick Bills 
are Sunke and destroyed and that at the expiration of the three years 
mentioned in the Clause (altho distress should have been once made) the 
Lands are still answerable for ensueing Taxes only that in less than three 
years neglecting or refusing to pay their Taxes distress cannot be made 
the s d act in another clause haveing made provissions of Ten shillings 
fine for every hundred acres of Land concealed. 

The proceeding of the Court of Admiralty held at Williamsburg in 
Verginia March the 12 th 1718 beinu; Transmitted from that Government 
and now laid before this Board by the Governor to whome they were 
directed wherein there is several depositions taken against Tobias Knight 
Esq r See' 7 of this Province with an opinion of the s d Court that the s' 
Tobias Knight is an accessary of Pirates and that the afores* Depossi- 
tions given in that Court so farr as they relate to the s d Tobias Knight be 
sent into the Governor of North Carolina to the end he may cause the s d 
Tobias Knight to be apprehended and proceeded against pursuant to the 
directions of the Act of Parliament for the more effectual suppressing 
piracy 

42 



d 



330 COLONIAL RECORDS. 



Which being duely considered of by this Board they are of opinion that 
M r Knight should before any proceedings be had be served with Coppys 
of all matters relating to him in the Charge from the Government of 
Verginia and that he attend this Board the next Sitting and bring with 
him all papers, Orders Depossitions or any thing else he may have by 
him relating to Theache and the Transactions of Cap' Ellis Brand Len 
Maynard and all others concerned in that business 

Ordered that copys of all the afors d proceeding of the Goverment of 
Verg" be sent to M r Knight and that time notice be given him of the 
Councils next sittting 

The Petition of Thomas Harding Provost Marshal of Bath County 
was read. 

Ordered that the s d Harding attend the next Council without fail 

Upon Petition of John Duckenfield Shewing that his Brother William 
Duckenfield pattented some years a goe a Tract of Land Containing 260 
Acres lying on the south side of Moratuck river being part of his Land 
called Warren neck which he has not seated as by Law he ought to doe 
prays a Lapse pattent may be granted to him for the same. 

Ordered that the same be granted. 

Upon Petition of William Williamson setting forth that he purchased 
a Tract of Land of John Smith lying at the fflat swamp Containing 250 
Acres which has not been seated as the Lawe directs praying a Lapse pat- 
tent may be granted him for the same. 

Ordered that y" Same be granted 

The Petition of John Cotten was read Shewing that he purchased a 
Tract of Land of one Thomas Dyal lying at # ahotsky containing 640 
acres which s d Land is Lapsable for wajnt of due seating praying a Lapse 
patent for the same may be granted him 

Ordered that the same be granted. 

Upon Petition of Thomas Miller and William Willson setting forth 
that they Jointly bought of Cornelius Kilspatrick a Tract of Land 
which was Lapsable when they made the purchase not being Seated as 
the proviso in the pattent directs prays that a Lapse pattent may be 
granted to them 

Ordered that the same be granted as prayd for 

Read the Petition of Aron Oliver shewing that William Hooker sold 
him a Tract of Land containing 500 Acres lying on Wicacone Creek 
which lie had not seated as the proviso in the pattent mentions praving 
a Lapse pattent for the same 

Ordered that the same be granted 



COLONIAL RECORDS. 331 



Upon petition of John Holbrook Shewing that Lawrence Tesister late 
of this province died Seized of a Tract of Land Containing one hundred 
acres adjoining to the Lands of Cary Godley on the West Shore of 
Chowan and that he hath made no will neither is there any Heires of 
the said Tessiters to be found praying a Writ of Escheat may Issue to 
enquire whether the s a Land doth not Escheat to the Lords prop' 13 and a 
pattent may be granted to him for the same 

Ordered that a writ of Escheat doe Issue as prayd for 



[From N. C. Letter Book op 8. P. G.] 



MR. TAYLOR TO THE SECRETARY.— (Extract.) 

Perquimons Precinct 

April 23 rd 1719. 
Hon 4 Sir 

During my officiating on the South West Shore of Chowan, I preached 
every Lords day throughout this year, and I would have administered 
the Lords Supper several times this year, If I could but have had the 
small number of Communicants, which our Church requires, But I could 
not truly get this small Number, and therefore I must confess I did not 
administer it at once, nor do I know when I shall here — The people are 
so little inclined to receive it which is one thing makes me very weary 
of living in this place. When I give notice of my intentions to admin- 
ister the Holy Communion on Easter Day, a Few Lords Days before, a 
considerable Person after the Public Worship of God was ended, said to 
me now Mr. Taylor is going to damn his Parishoners, I suppose he said 
this, because he thought, that they that would receive were very unfit for 
it, and would Eat and Drink unworthily and so eat and Drink Damna- 
tion to themselves, and I must confess it, the People here generally, and 
almost all of them are very ignorant, and very irreligious ; and very 
worldly wicked, and do very little desire to be better informed, or 
reformed which is another thing, that makes me weary of living here ; 
yet I hope I may say, I did some good too, this year that officiated in 
the South West Shore of Chowan, that I promoted knowledge of the 
best things, and Religion in some there; and persuaded them to be less 
worldly and Wicked than they were before. 

In this year I caused a pretty many of the children to learn our cate- 
chism, and catechis'd them, in public, in this year I Baptized one Adult 



332 COLONIAL RECORDS. 



White Young Woman, and Thirty White Children, and one Adult Negro 
Young Woman, and one Mustee Young Woman and three Mustee 
Young Children, in all 36. I hope I took a method with the Negro 
Young Man, and with the Mustee Young Woman, whom I baptized, 
whicli will please the Society, which was this, I made them get our 
Church Catechism perfectly without Book, and then I took some 
pains with them to make them understand it, and especially the Bap- 
tismal Covenant, and to persuade them, faithfully and constantly to 
perform the great things they were to promise at their Baptism, and 
ever after to perform to God : and then I caused them to say the cate- 
chise, one Lords Day, and the other another Lord's Day before a large 
congregation, without Book which they did both distinctly, and so per- 
fectly, that all that heard them admired their saying it so well, and with 
great satisfaction to myself, I baptized these two persons. These two 
persons were Esquire Duckenfield's Slaves, (The Gentleman with whom 
I lived most of this year) & whose house was our church all this year. 
This gentleman had several other Slaves," who were as sensible and civil, 
and as much inclined to Christianity and things that are good : as ever I 
knew any slaves, any slaves in any place, where ever I have been, and 
indeed, so are the slaves generally in this Province, and many of the 
slaves of this country I am persuaded would be converted, Baptized and 
saved, if their Masters were not so wicked as they are, and did not oppose 
their Conversion, Baptism, and Salvation, so much as they do, I had 
for some time great hopes of being the Minister that should convert 
and Baptize the rest of the Esq r Duckenfield Slaves, which I was 
very desirous and ambitious to be, and I would have begrudged no 
pains, but would most freely and with the greatest pleasure have 
done all I could to promote and accomplish this so great, and so 
good a work. And in order thereunto I was preparing 4 more of 
them for Baptism, and had taught one of those 4 their Catechism 
very perfectly, and the other 3 a good part of it, and now as I 
was about this good work, the enemies to the conversion and bap- 
tism of slaves, industriously and very busily buzzed into the Peoples 
Ears, that all slaves that were baptized were to be set free, and this silly 
Buckbcar so greatly scared Esqu r Duckenfield that he told me plainly I 
should Baptize no more of his slaves 'till the Society had got a Law 
made in England that no Baptized Slave, should be set free because he is 
Baptized and send it here, and many more arc of the same mind, and so 
this good work was knocked in tin- head which is a great trouble to me, 
because so many slaves are so very desirous to become Christians without 



COLONIAL RECORDS. 333 



any expectation of being set free when they are Baptized — I fear this good 
work will not be revived and prosper here till such a Law is enacted by 
the Parliament of Great Britain and this people are acquainted with it, 
for I perceive nothing else will satisfy them ; This and some other rubs 
I met with, and the great need of a Church of England Minister, which 
the interest of the Church of England stood in here, where there are many 
Quakers, who make it their business to gain as many of our Friends over 
to them as they can ; wherein they have been too successful and leavened 
some of our people with their Principles and practices too much and 
especially with anti-Baptism, and many of their children and of themselves 
too are unbaptized, and used commonly to goto the Quakers Meeting be- 
cause there was no Public Place of Worship for them to go to. These things 
were the chief Reasons of my leaving the South West Shore of Chowan 
and coming here where I hope I shall increase the Interest of the Church 
of England and cause the Interest of the Quakers to decrease and then I 
persuade myself that the most excellent Society will not be offended at 
niv removing here 



[From the iSpotswood Letters. Vol. II. p. 316.] 

May ye 26th, 1719. 
To Secretary Craggs: 

Sir: 

By his Maj'ty's Ship, the Dral-Castle, w'ch arrived here ye — Ins't, 
I had the hon'r of YoVs of ye 24th of Dec'r, w'th the King's Declara- 
tion of War against Spain, and the Commission and proclamation men- 
tioned in Yo'r Letter, and in answering thereto, can only beg leave to 
assure you y't his Maj'ty's Commands shall be punctually Obeyed. 

The intimation you are pleased to give me that ye rumors of exacting 
great Sums on the Surrender of Pyrates is not meant to me, is extreamly 
obliging, as it serves to make me easy, who have had too much cause 
given me of late to be otherwise through the Misrepresentations of my 
Enemys, tho' in this particular I might defy Malice it Self to fault my 
Conduct, having never received the value of one penny from any of the 
Pyrates that have either Surrendered or been pardoned here; And tho' 
there have been 14 or 15 who Surrendered, and had Certificates under the 
Seal of the Colony, for w'ch the Clerk was allowed to demand five Shil- 
lings a piece, yet I am well assured that no more than five paid any thing 



334 COLONIAL RECORDS. 



at all ; And of Seven that have rec'd their pardons, only one has paid the 
Attorney-Gen'l the common fee he receives for making out the like par- 
dons even for a Condemned Negro, and he, too, was a person of a very 
notorious Character for his Piracys, and had his. Money restored to him 
after he had been Condemned, because there was no proof of its being 
piratically taken, but if these common fees to ye Officers are intended by 
his Maj'ty to be likewise Remitted upon the least Intimation, I shall 
direct those Officers to dem'd no more. 

Having in my last taken Notice of some Goods in the possession of 
Thach and his Crew of Pyrates in North Carolina, w'ch were brought 
hither by Capt. Brand, of his Maj'ty's Ship, the Lyme, and the other Offi- 
cers of the Sloops sent for Suppressing that Gang of Villains, I think it 
necessary now to informe you that these Goods, being proved to be pirat- 
ically taken by this Thach in a ffrench Ship bound home from Martinico, 
have, by a Decree of the Court of Vice Admiralty of this Colony, been 
condemned as such, and being perishable, have been sold at publick Auc- 
tion the produce whereof in ye same Species for w'ch it was sold, amounts 

to 447 ounces penny weight of Spanish GoH, w'ch is of Virg'a 

Currency, £2,238 ; and i.s ready to be paid, after the necessary Charges 
of Transportation from Carolina, and of the Storage and Sale, are de- 
ducted, to the Owners, if they claim the same, or to whomsoever his 
Maj'ty shall appoint. But, it's fit also to Represent to you that notwith- 
standing the Governm't of No. Carolina admitted Thach and his Crew to 
make Oath that this ifrench Ship and Cargo, which he brought in thither, 
was found by him as a Wreck at Sea, without Men or Papers, tho' the 
same Government suffered these Effects to continue for some months in 
the possession of these Pyrats, and tho', after Thach was killed and his 
whole Crew subdued, the Effects, w'ch had been Landed by Thach, were, 
by Order of the Governor of No. Carolina, voluntarily delivered up to 
Capt. Brand, Yet a pretension has been set up by that Government to 
have the whole of these Effects delivered up to them, as. of right belong- 
ing to the Lords Proprietors, being once upon their Soil. At first they 
only claimed them as Wreck, but when it plainly appeared that they were 
not Wreek, but piratically taken, then the Gov'r claimed a Right of hav- 
ing those Goods Tryed and Condemned within that Province, and after 
the Court of Vice Admiralty was proceeding legally on the Condemna- 
tion thereof, a Plea was put into the Jurisdiction of that Court, and it 
was insisted that these Goods ought to be returned back to No. Carolina 
to be Try'd and adjudged there. And when that Plea was over ruled, 
Captain Brand is then threatened to be prosecuted in England for a Tres- 



COLONIAL RECORDS. 335 



pass on the Lords Proprietors Lauds. And, w'ch is yet more surprizing, 
there are some in y't Government y't endeavour to justify Thach and his 
Crew as very honest men, and to condemn the Officers and Men belong- 
ing to the King's Ships as Murderers for attacking and subduing them, 
When it is notorious that after they surrendered in y't Province, and rec'd 
the benefit of his Maj'ty's Mercy, they went out again on the same pirat- 
ical design, not without the privity of some in principal Stations in that 
Gov't; took this very Ship after the date of his Maj'ty's second pardon, 
and committed other Acts of piracy, even within that province, and at 
last fought against the King's colours, and would not surrender when 
they were told they should be treated as Friends. Seeing, therefore, 
Capt. Brand is like to be troubled in England for the greater part of 
these Effects w'ch were Landed in Carolina, I have caused the whole 
produce to be remitted into England, that in case he should be con- 
demn'd to pay ye same to the Lords proprietors, it may be ready for 
that purpose. But I am confident, when his Maj'ty is truly informed 
how little ground there is for such a prosecution against a Gent, who 
has done nothing but his Duty, being sent hither for the very intent 
of destroying pirats, His Maj'ty will be pleased to grant him his pro- 
tection. And tho' I am Credibly inform'd that Affidavits are taken 
in No. Carolina to contradict what has been plainly proved here upon 
the Tryal of the pirats, and to 'prove that Capt. Brand took away these 
piratical Effects by force, I hope the Lords proprietors themselves w'll 
give little Credit to such Clandestine Testimonials when they shall know 
how dark apart some of their Officers have acted, particularly one who 
enjoyed the post of Secretary Chief Justice, one of their Lord'p's Depu- 
tys and Collector of the Customs held a private Correspondence w'th 
Thach, concealed a Robbery he committed in that j^rovince, and received 
and concealed a considerable part of the Cargo of this very ffrench Ship 
w'ch he knew Thach had no Right to give or he to receive, admitting ye 
same had been Wrecked Goods as was pretended. But it would be too 
tedious to relate how many favourers of Pirats there are in these parts, 
and even in this Colony had they power equal to their Inclination. 
People are easily led to favour these Pests of Mankind when they have 
hopes of Sharing in their ill-gotten Wealth. I have had the Experience 
how little some are able to bear being abridged of their profite, from 
what vile means soever it comes, having raised up a very industrious 
and implacable Enemy by reprimanding a prime Lawyer here for prose- 
cuting an unjust Action in behalf of a notorious pirat who was condemn'd 
and owed his Life only to the seasonable Arrival of his Maj'ty's second 



336 COLONIAL RECORDS. 



gracious pardon. I will not hear trouble you w'th anything relating to 
the Accusation of the Burg's against my Self since I have also sent Copys 
of the Addresses of 21 Countys out of the 25 in this Colony, as also of 
the Clergy and Grand Jury disavowing all that proceeding of their pre- 
tended Representatives. As that of the Grand Jury is to his Maj'ty, I 
have transmitted it to my Lord Orkney, not doubting his Lo'p w'll use 
your Advice and assist in the presenting it, And I hope these publick 
Testimonys of my Administration will serve to Balla. the rash Accusa- 
tion of a small part of the Burg's's, and preserve me a place in y'r good 
opinion and protection, w'ch I shall ever acknowledge w'th the Grati- 
tude y't becomes me, being with the greatest respect, 

S ir , v'rs, &c. 



[From the Spotswood Letters. Vol. II. p. 323.] 

May y° 26 th 1719 
To the Lords of Trade: 

My Lords: 

* * * * *'* # * 

Having by my former Letter advised Your Lord'ps that Sundry Effects, 
piratically taken by one Thatch and his Crew, were siezed and brought 
hither from No. Carolina, I am now to Inform Yo'r Lord'ps that the 
same has been condemned by the Courts of Vice Admiralty, And, con- 
sisting of Sugar, Cocoa and other perishable Commoditys, have been sold 
at publick Auction, And because there is like to be some Controversy 
about the Property of those Goods, I have caused an Acco't to be taken 
of ye produce in the same Species as the Goods were sold for, which 
amount to four hundred and forty seven Ounces — penny weight of 
Spanish, French and Portugal Gold, and at £5 f Ounce is, in the Cur- 
rency of this Country, £2,238— out of w'ch is to be deducted the Charges 
of recovering ye s'd Effects out of the hands of the Pyrats, the Trans- 
portation from Carolina, the Storage and Expence of the Sale. As to 
the Right of these Effects, it appearing that the same were taken Pirati- 
cally by Thach in a French Ship w'ch he met to the Eastward of Ber- 
muda on the 22nd of August last, and bro't in w'th him to No. Carolina 
where he burnt ye Ship, If the Owners make out their property, the pro- 
duce must be paid to them according to his Maj'ty's Treatys allowing a 
usual Salvage to those who rescued them from ye Pyrate. If no Claimer 
appears and that the same comes to the King, no doubt his Majesty w'll 



COLONIAL RECORDS. 337 



think fit to rew'd the Officers of his Ships and others Concerned in so 
considerable a Service as the destroying that Crew of Pirats. But there 
is an unexpected pretension set up for these Pyratical Effects by the 
Gov't of No. Carolina as being taken within the Seas of the Soil of the 
Lords Proprietors, by Capt. Brand, of his Maj'ty's Ship, the Lyme, and 
the Officers of the Sloop sent against Thach. What tittle that Gov't has 
to Support the Claim, they have not thought fit to discover, but when the 
Goods were under the Tryal of the Court of Vice Admiralty here, a Plea 
to the Jurisdiction of y't Court was put in by that Government's Attor- 
ney here, and after that was overruled, and the Goods appointed to .be 
sold, and the Money Lodged in my hands pursuant to the King's Instruc- 
tions, Capt. Brand is then Threatened to be sued in England for a Tres- 
pass on the Lords Proprietors' Lands and made accountable for all- he 
had taken there out of the possession of the Pirats. This has obliged 
me to Cause the produce of these Effects to be remitted to England ; that 
if Capt. Brand should be troubled there, and the money recovered by the 
Proprietors of Carolina, he may have it there to pay rather than suffer 
in his private Estate till he could have the money remitted from hence; 
And this I could not, in Justice, deny to a Gent, who had show'd a par- 
ticular Zeal and Diligence in Exterpating that Nest of Pirats, but, at the 
same time, if no such recovery shall be had by the Proprietors of Caro- 
lina, the money will be secured according to his Maj'ty's Instructions, 
and w'll always be ready to be Answered to whomsoever it belongs. 

It is surprizing that the Government of No. Carolina should now 
Claim the property in these Piratical Effects, when it fully appeared that 
they submitted Thach and his Crew to make Oath that the Ship and 
Goods were found by him as a Wreck at Sea ; that they suffered the said 
Goods to remain in the possession of that piratical Crew for divers 
months, untill Thach was destroyed, And then the Goods were delivered 
to Capt. Brand, (out of the Store-houses where Thatch had Lodged 
them,) by the Gov'r of No. Carolina's Orders, but this Conduct of theirs 
w'll be easily unriddled when it appears that some in Chief Stations there 
have had too much Correspondence w'th those Pirates, particularly one 
who held the office of Secretary Chief Justice, one of the Council, and 
Collector of the Customs, appears to have been privy to one Piracy of 
Thach's committed in that very Province, and can hardly be supposed 
ignorant of the Piratical taking of the French Ship, when he received 
and Concealed a considerable part of her Cargo ; and if he did believe 
her to be a Wreck, as Thach pretended, he must know that Thach had 
no Right to give, nor he to receive other Men's Goods, w'ch ought to 
43 



338 COLONIAL RECORDS. 



have been secured as the Law directs. Since the Sale of these Goods, 
Mr. Grymes, the Dep'y Auditor, has Claimed a Eight to Audit the 
Acco'ts and to have 5 *$ C't. for his Trouble. I told him he might, 
when he pleases, have the inspection of the Accompts, y't nothing might 
be Charged therein but what was fit and usual, but that the property was 
not yet determined, it would be but ill Management if the Owners had 
the money, to allow him a Salary for examining the Acco'ts of their 
proper Estates, and if the Proprietors of Carolina should recover it, I 
doubted whether they would allow him that promt, but if it came to the 
Kyig, his Maj'ty might give him what he thought fit for his trouble ; but 
being uncertain of receiving any profite, he has troubled himself no 
farther. Having now laid before Yo'r Lo'ps all that I judge of Conse- 
quence in the publick Transactions of the Gov'rnm't, I have only to add 
that the Colony continues in Peace on its Frontiers and flourishing in 
its Trade, and except among a few MaleContents, impatient to see the 
Effect of Disturbances they have been fomenting, I believe none of his 
Majesty's Dominions enjoy a more perfect Tranquility. 

My Lords, &c. 



[E. P. R. O. B. T. Virginia. Vol. 15. p. 215— Extract.] 



LIEUT: GOV: SPOTS WOOD TO LORDS OF TRADE. 

Virginia May 26 th 1719. 
My Lords. 

************** 
Having by my former Letters advised your Lordships that sundry 
Effects Piratically taken by one Thack and his were seized and brought 
hither from North Carolina I am now to inform your Lordships that the 
same have been condemned by the Court of Admiralty and consisting of 
sugar Cocoa and other perishable Commodityes have been sold at Pub- 
lick Auction : and because there are like to be some controversy about 
the Property of those Goods, I have caused an account to be taken of 
the produce in the Same Species as the Goods were sold for, which 
amounts to Four hundred forty nine ounces 11 penny weight of Spanish 
French & Portugal Gold and at £5 $ Ounce in the currency of this 
Country £2247 19 4 out of which is to be deducted the Charts of recov- 
ering the said Effects out of the hands of the Pyrates, the transportation 



COLONIAL RECORDS. 339 



from Carolina the storage and expense of the Sale. As to the right to this 
Effects i^ppearing that the same were taken piratically by Thach in a 
french ship which he mett with to the Eastward of Bermuda on the 22 nd 
of August last, and brought in with him to North Carolina, where he 
burnt the ship, if the Owners make out their Property, the produce must 
be paid to them according to his Majesties Treatys allowing the usual 
salvage to those who rescued them from the Pirates. If no Claims 
appears and that the same comes to the King, no doubt his Majesty will 
think fitt to reward the Officers of his ships and others concerned in so 
considerable a service as the destroying that Crew of Pirates But there is 
an unexpected pretention set up for these Piraticall Effects by the Gov- 
ernment of North Carolina as being taken within the Seas and off the 
soil of the Lords Proprietors by Captain Brand of his Majesties ship 
the Lyme and the Officers of the sloop sent against Thach ; what Title 
that Goverment hath to support this claim they have not thought fitt to 
discover, but when the Goods v?ere under the Tryall of the Court of Vice 
Admiralty here a plea to the Jurisdiction of that Court was put in by 
that Governments Attorney here and after that was overruled and the 
Goods appointed to be sold and the money lodged in my hands pursuant 
to the Kings Instructions. Captain Brand is then threatened to be sued 
in England for a Trespass on the Lords Proprietors lands and made 
accountable for all he had taken there out of the possession of the 
Pyrates. This has obliged me to cause the produce of these Effects to be 
remitted to England, that if Captain Brand should be troubled there and 
the money recovered by the Proprietors of Carolina he may have it there 
to pay rather than suffer in his private Estate till he could have the money 
remitted from hence : and this I could not in justice deny to a gentleman 
who has showed a particular zeal & diligence in extirpating that nest of 
Pirates but at the same time if no such recovery shall be had by the Pro- 
prietors of Carolina the money will be secured according to his Majesties 
Instructions and will always be ready to be answered to whomsoever it 
belongs 

It is surprizing that the Government of North Carolina should now 
claim the Property in these Piratical Effects when it hath fully .appeared 
that they admitted Thacke and his Crew to make Oath that the ship and 
Goods were found by him at a Wreck at Sea, that they suffered the said 
Goods to remain in the possession of the Piratical Crew for divers months 
untill Thacke was destroyed and then the Goods were delivered to Cap- 
tain Brand (out of the storehouse where Thack had lodged them) by the 
Governor of North Carolina's orders but this conduct of theirs will be 



340 COLONIAL RECORDS. 



easily unriddled when it appears that some in Chief Stations have had to 
much Correspondence with those Pyrates, particularly one who held the 
offices of Secretary Chief Justice "one of the Councill and Collector of the 
Customes appears to have been privy to one Piracy of Thache's commit- 
ted in that very Province & can hardly be supposed ignorant of the 
Piratical taking of the French ship when he received and concealed a 
considerable part of her Cargo and if he did beleive her to be a Wreck 
as Thach pretended he must know that Thack had no right to give nor 
he to receive other mens Goods which ought to have been secured as the 
law directs. 

Since the sale of these Goods M r Grymes the Deputy Auditor has 
claimed a Right to audit the Accounts and to have 5 "ty cent for his 
trouble I told him he might when he pleased have the Inspection of the 
Accomp 1 * to see that no thing was charged therein but what was fit and 
usual, but as the Property was not yet' determined it would be but ill 
management if the Owners had the money to allow him a Salary for 
examining the accompts of their proper Estate and if the Proprietors of 
Carolina should recover it I doubted whether they would allow him that 
Profit but if it came to the King his Majesty might give him what he 
thought fitt for his trouble but being uncertain of receiving any profit he 
has troubled himself no further. 

Having now laid before your Lordships all that I judge of consequence 
in the publick Transactions of the Government I have only to add that 
the Colony continues in Peace on its Frontiers, and flourishing in its 
Trade and except among a few Malecontents impatient to see the Effect 
of Disturbances they have been fomenting I believe none of his Majes- 
tyes Dominions enjoys a more perfect Tranquility 
I am with all duty and respect 
My Lords 

Your Lordships 
most obedient 
Humble servant 

A. SPOTSWOOD. 

(Endorsed) 

Rec d July 9 th 1719 

Read June 10 th 17:>0. 



COLONIAL RECORDS. 341 



[Council Journal.] 



Esq' Lds prop trs Deputys 



North Carolina ss 

At a Council held at the House of ffred Jones Esq 1 May 27 th 1719 
Present the Honble Charles Eden Esq r Governor Cap' General & 
Admiral 

Thomas Pollock" 
William Reed 
ffra ffoster 
ffred Jones 
Rich a Sanderson^ 

In pursuant of an order of Council dated April the 4 1719 Tobias 
Knight Esq* Sec ty of tJiis province and a member of the Council attended 
this Board to make answer to the several Depossitions and other Evi- 
dences mentioned in the afors d order which s d Depossitions and Evidences 
were read in the following words Copy of several Depossitions and 
other Evidences given before the Court of Admiralty Constituted by 
Commission under the Great Seal for hearing and determining Piracy for 
the Colony of Verginia the 12 th day of March 1718 for the tryal of 
James Blake, Alias Jemmy and other pirates late of the Crew of Edward 
Thache late master of the sloop Adventure Comand by Edward 

Thache being sworn and Examined Deposed that he was on Board the 
s d Sloop Adventure at the takeing of Two ffrench Ships in the month of 
August last past and that all the prisoners at the Barr were on Board 
the Said Sloop and bore armes under Thache at the time of thes" Piracy 
That Thache plundered one of the ships of some Cocoa and the other 
brought in with him to North Carolina haveing first put her Crew on 
Board the ship first mentioned that soone after Thache's arrival at Oca- 
cock Inlet he went in a periangor with foure of the prisoners by name 
Rich d Stiles James Blake James White and Thomas Gates to M r Tobias 
Knight Sec ty of North Carolina carrying with him a present of Chocolate 
Loaf Sugar and Sweet meats being part of what was taken on Board the 
ffrench ships above mentioned and that upon Thaches return from M r 
Knight the Deponant Sawe divers goods brought in the pariangor which 
Thache s d he bought in the Country but the Deponant afterwards hear- 
ing that one William Bell had been robbed and understanding as well 
by common report as by discourse with s d Bell what kind of Goods he 
had been robbed of the Deponant knew them to be the same which 
-Thache 1 had brought on board his sloop but durst not discover to the s d 
Bell who had robbed him 



342 COLONIAL RECORDS. 



The four prisoners being asked whether they knew of the robbery of 
Bells Periangor ackuowlegeth that the Same time in September they 
went from Ocacock in a periange with Edward Thache to the house of 
Tobias Knight Sec ty of North Carolina and carried in the said periangor 
three or foure Caggs of Sweet meets Some Loaf Sugar a bagg of Choco- 
late and Some boxes the Contents of which they did not know that they 
got to the s d Knight house about Twelve or one a Clock in the Night 
and carried up the caggs and boxes afs d which were all left there except 
one cagg of Sweet meets which was carried back in the periangor that 
the s d Knight was then at home and the s d Thache staid with him til 
about an hour before the break of day and then departed that about three 
miles from the s a Knights house at a place called Chesters landing they 
saw a periangor lying near the shore upon which Thache ordered them 
to rowe up towards her saying he would goe a shore to Chesters house 
but when he came up with the said periangor (in which were a white 
man a boy and an Indian) Thache asked them for a dram and immedi- 
ately Jumped into the periangor and after some dispute plundered her 
carying away with him some money one cask of pipes a Cask of rum or 
Brandy Some Linen and other things and then the s d Thache Comanded 
the s d prisoners to rowe away for Ocacock Inlet instead of going a shore 
at Chesters as he at first gave out he intended. 

William Bell of the precinct of Corratuck being sworne and Exam- 
ined cleposeth that being on Board his periangor at the Landing of John 
Chester in Pamticough river in North Carolina in the night of the 14 th 
of September last a large periagor passed by standing up* the river that 
a litle before break of day the same periagor returned and rowed on 
Board the deponant That a whiteman that he since understands was 
Edward Thache entered the deponants periangor and asked him if he 
had anything to drink to which the depon' answered it was so dark he 
could not well see to drawe any whereupon the s d Thache called for sword 
which was handed him from his owne periagor and Commanded the 
deponant to put his hands behind him in order to be tyed Swearing Dam- 
nation seize him he would kill the deponant if he did not tell him truly 
where the money was. That the deponant asked him who he was and 
whence he came to which the s d Thache replied he came from Hell and 
he would carry him presently That the Deponant laid hold of the s d 
Thache and struggled with him upon which he called to his men to come 
on Board to his assistance and they came and laid hold on the deponant 
his son and an Indian lie had with him then the s d Thache demanded his 
pistols and the deponant telling him they were locked up in his chest he 



COLONIAL RECORDS. 



was goeing to break it open but the deponaut intreated him not to doe 
soe for he would open it but tho he permitted the deponant to unlock 
the Chest lie would not suffer him to put his hands therein but took the 
pistols out himself that the s d Thache having got the deponants perian- 
gor out into the midle of the river rifled her took away £66 10 s in Cash 
one peice of Crape Containing 58 yards a box of pipes half a barrel of 
Brandy and Several other goods the pertieulars are mentioned in an 
account the deponaut now delivered into court that perticularly the depo- 
nant was robbed of a silver cup of remarkeable ffashion being made to 
screw in the midle the upper part resembling a Chalice the Lower a 
Tumbler which cup the deponant is imformed has been found on Board 
Thaches Sloop that when the s d Thache and his Crew had taken what 
they thought fit from the deponant they tossed his sail and oares over- 
board and so rowed downe the river That the s d Thache in Beating the 
deponant broke his sword about a Quarter of a yard from the point 
which broken peice of the sword the deponant found in the periangor 
and now produces in Court and the deponant Verily beleave Thache had 
inteligence of his haveing money otherwise he woud have passed by in 
returneing from as he did in goeing to M r Knight without concerneing 
himself with the periangor and the deponant further saith that within 
Two hours after he had been thus robbed he went to complaine to the 
Governor of North Carolina who sent him to M r Knight then Chief 
Justice upon which the s d Knight gave him the Warrant or hue & Cry 
which he now produces in Court and that notwithstanding the deponant 
did particularly discribe the periangor and the men by whome he was 
thus robbed and did repeat as near as he could the Language the white- 
man used to the deponant and declared that the other .foure were Negroes 
or White men disguised as such and that the s d periangor had passed by 
the same night toward his house or Bath Towne yet the s d Knight did not 
discover to the deponant that any such periangor had been at his house 
or that he knew of Thaches being in the Country 

Then was produced a Letter from the afornamed Tobias Knight 
directed to Cap* Edward Thache on Board his sloop adventure which 
Letter was proved to have been found among Thaches papers After his 
death and by comparrison of the hand with other papers apears to be the 
writeing of the s d Tobias Knight which s d Letter was read and is as fol- 
lowers- 

Nov r 17 th 1718 
My ffriend 

If this finds you yet in harbour I would have you make the best of 
your way up as soon as possible your affairs will let you I have some- 



344 COLONIAL RECORDS. 



thing more to say to you than at present I can write the bearer will tell 
you the end of our Indian Warr and Ganet can tell you in part what I 
have to say to you so referr you in some measure to him 

I really think these three men are heartily sorry at their difference 
with you and will be very willing to ask your pardon if I may advise 
be ffriends again, its better than falling out among your selves 

I expect the Governor this night or tomorrow who I believe would be 
likewise glad to see you before you goe, I have not time to add save my 
hearty respects to you and am your real ffreind 

And Servant 

T. KNIGHT 

After Captain Ellis Brand Commander of his Majesty ship the Lune 
declared that having reed Information of Twenty Barrels of sugar and 
Two baggs of Cotten lodged by Edward Thache at the house of Tobias 
Knight he asked the s d Knight for those goods they being part of the 
Cargoe piraticaly taken in the ffrench Ship and that the s d Knight with 
many asserverations possitively denyed that any such goods were about 
his plantation but yet the next day when he the s d Cap' Brand urged the 
matter home to him and told him of the proofs he could bring as well 
by the persons concerned in Landing the s d goods as by a Mem dm in 
Thaches pocket Book he the s d Knight owned the whole matter and the 
piratical Goods afs a were found in his Barn covered over with fodder 

At a Court of Admiralty Continued and held at the Capital the 13 th 
day of March 1718 Whereas it has appeared to this Court M r Tobias 
Knight See ty of North Carolina hath given Just Cause to suspect his 
being privy to the Piracys comitted by Edward Thache and his Crew 
and hath recieved and Concealed the Effects by them piratically taken 
whereby he is become an accessary 

Its therefore the opinion of this Court that a coppv of the Evidence 
given to this Court so farr as they relate to the s d Tobias Knight's Be- 
haviour be Transmited to the Governor of North Carolina to the end he 
may cause the said Tobias Knight to be apprehended and proceeded 
against pursuant to the directions of the Act of Parliament for the more 
effectual suppression of Piracy 

And then the s d Tobias Knight did remonstrate to this Board in 
answer thereto as followeth 



COLONIAL RECORDS. 345 



North Carolina 

To the Hon ble Charles Eden Esq r Gov 1 and the rest of the member of the 

Hon* 18 the Council now sitting 

The Humble remonstrance of Tobias Knight Esq r Secretary of this 
province and a member of this Board in answer to the several Depossi- 
tions and other pretended Evidences taken against him at a Court of 
admiralty holden at the Capital of Verginia the 12 th day of March 1718 
First the s d Tobias Knight doth averr and doubt not to make it Evi- 
dently appeare that he is not in any wise howsoever guilty of the least of 
those Crimes which are so Slyly malitiously and falsely suggested and 
insinuated against him by the s d pretended Evidence the which to make 
more apparent to your Honours the s d Tobias Knight doth pray your 
Honours first to Consider as to the Evidence themselves they being such 
as Contradict themselves or as ought not to be taken in any Court of 
Record or else where against the s" Tobias Knight or any other white 
man for first Hesikia hands master of Cap' Thaches Sloop Adventure 
seems to sweare possitively in his Depossition that the s d Thache went 
from Ocacoch Inlet at his returne into this Country from his last voyage 
with a present to the s d Tobias Knights house when by the same depos- 
sition he acknowledgth that to be out of the reach of his knoledge he 
being all the time at the s d Inlet which lyes at above thirty leagues dis- 
tance from his house and further the s d Tobias Knight doth pray your 
Honours to observe that the afors d Hesikias hands was (as he has been 
well informed) for some time before the giveing of the s d Evidence kept 
in prison under the Terrors of Death a most severe prosecution and that 
there doth apparently appeare thro' out the whole Evidence more of Art 
mallice and designe against the s d Tobias Knight then truth secondly as 
to the four next Evidence pretended to be given against the s d Tobias 
Knight under the name and pretext of foure of Cap' Thaches men is 
utterly false and such as the s d Tobias Knight humbly conceives ought 
not to be taken against him for that they are (tho ouningly couched under 
the names of Christians) no other the four Negro Slaves which by the 
Laws and customs of all America Aught not to be Examined as Evi- 
dence neither is their Evidence of any Validity against any White per- 
son whatsoever and further that the s d Negroes at the time of their give- 
ing the pretended Evidence afs d (as the s d Tobias Knight is informed) 
was upon Tryal for their own lives for the supposed piracy by them 
Committed on Board the s d Thache and that what they did then say was 
in hopes of Obtaining mercy tho' they were then Condemned and since 
Executed so that had they been never so Lawfull Evidences the s d Tobias 
Knights debarred from his right and benifit of an Examination of them. 
44 



346 COLONIAL RECORDS. 



Thirdly as to the Deposition of W m Bell I shall only observe to your 
Honours that there is nothing in it can Effect the s d Tobias Knight save 
that it is therein cunningly Suggested that Edward Thache was at the s d 
Tobias Knight house that night in which he was robbed which the s d 
Tobias Knight has good reason to believe was rather an Artfull and 
malitious designe of those that drew the s d Depossitions for that had it 
been true it was Impossible to have been within the reach of his knowl- 
edge and besides the s d Bell upon his Examination the day after he was 
robbed had in Suspission one Smith Undey Fiteing Dick and others and 
hath since the date of that Depossition Viz 4 on or about y" 25 of April 
last past declared that he doth verily believe that the s d Thache never was 
at that timeat the s d Tobias Knights house for the truth of which the s d 
Tobias Knight doth humbly refer to the Examination and Depossitions 
of M r Edmund Chamberlain 

Fourthly as to the pretended Evidence of Cap' Ellis Brand the s d 
Tobias Knight doth humbly conceive the same ought not to Effect him 
for had it been true it had and ought to have been upon Oath which is not 
tho' the s d Tobias Knight doth in the most Solemn manner declare that 
the s d pretended Evidence is every word false and that the said Brand 
never did at any time speak one word or mention to the said Knight in 
any manner whatsoever touching or concerning the sugar mentioned in 
the said Evidence before the s d Knight first mentioned them to him 
neither was the s d sugar ever denyed by the s d Tobias Knight to be in 
his Custody for the truth of which he humbly referrs to the Honble the 
Governor but further Saith that when the s d Tobias Knight was apprised 
that the s d Brand had been informed that the s d Sugars had been coni- 
veingly put on shore for the s d Knights use and that there might be found 
in his Custody Several other things of value belonging to the s d Thache 
and that the s d Brand did intend to send his people to search his the s d 
Knight house he did then speak himself to the s d Brand and did acquaint 
him truly how and for what reason the s d sugars was there Lodged Viz' 
at the request of the s d Thache only till a more Convenient store could 
be procured by the Gov r for the whole with assurance that the s d Tobias 
Knight never did p r tend any Claim or right to any part thereof and did 
also at the same time desire the s d Brand if he had any other informa- 
tions against him he would be so civel as either to come himself or send 
his Lieu' to his house and every lock in his house should be opened to 
him which he only replied that tho' he had some spightfull things insin- 
uated to him by Evil minded persons whose names he need not mention 
intimating M r Maurice Moore Jerimiah Veal and others of that family 



COLONIAL RECORDS. 347 



yet he had more Honour than to do any such thing for that ever Since 
his comeing into this Goverment he had found nothing in the s d Tobias 
Knights but a great deal of readyness to assist him in the service of the 
Crowne very much becomeing a Gent and one in his post which Charac- 
ter he should give of him in Verginia in opposition to all the false and 
malitions storys there suggested against him or words to the same Effect 
ffifthly as to the Letter that was -said to be found of the s d Tobias 
Knights writeing on Board the s d Thache Sloop the s d Knight doth 
beleive to be true for that he did write such a Letter by the Governors 
orders he having advised him by Letters that he had some earnest busi- 
ness with the s d Thache but he doth uterly deny that there was any evil 
intent in the writeing the s d Letter but that he did verily believe at the 
Same time that the said Thach was as ffree a Subject of our Lord the 
King as any person in this Goverment and the s d Tobias Knight doth 
further say in his owne Justification that when the s d Thache and his 
Crew first came into this Goverment and Surrendered themselves pur- 
suant to his Majestys Proclamation of indemnity the said Tobias Knight 
then was and for a long time had been confined to his bed by sickness 
and that dureing his whole stay in this Government he never was able to 
goe off" from his owne plantation nor did either the s d Thache or any of 
his crew frequent the s d Knights house unless when they had business at 
his Office as Secretary or Collector of the Kings Customs neither did the 
s d Tobias Knight or any of his family contract any acquaintance with the 
s d Thache or any of his crew nor did deal buy or Sell any with or of any 
of them dureing their whole stay Save only Two Negroe men which the 
s d Knight purchased from Two men who had left the s d Thache and had 
rece'd their pardons and since are gone Lawfully out of this Goverment 
and Stil Continue in their good Alegiance and the s d Tobias Knight doth 
aver for Truth that from the time the s d Thache tooke his departure from 
this Goverment bound to St Thomas's he did never See the s a Thache or 
any of his people until on or about the 24 th of September last past when 
he came and reported to the Governor that he had brought a wreck into 
this Goverment and perticularly that the s a Thache was not to the s d 
Knight knowledge nor to the knowledge of any of his family at or near 
his house on or about the 14 th day of September last past as is most falsely 
suggested in the afs d Evidence given against him in Verginia for the Truth 
whereof he refers himself to the Examination and Depossition of M r Ed- 
mund Chamberlaine afors d all which is most humbly Submited by 
Your Honours Most Dutifull and 
Most obediant Servant 

T KNIGHT. 



348 COLONIAL RECORDS. 



Then M r Edmnnd Chamberlaine was Examined and his Depossition 
was read & sworne to before this Board in the following words 

North Carolina ss 

The Depossition of Edmund Chamberlaine Gent taken upon his Exami- 
nation before the Hon Mo the Governor and Council at a Council Board 
holden in Chowan the 27 th day of .May 1719 who being sworne on the 
Holy Evangilist saith 

That he this Deponant hath been for some considerable time past viz' 
ever since the Later end of August last past to this time a liver at the 
house of Tobias Knight Esq r in Bath County and that perticularly on or 
about the 14 th of September last past and for several days before and 
Since he never was absent from the s d Tobias Knight house either by 
night or by day nor was there any passages or Occurances as this Depo- 
nant verily believes kept secret or unknowne to him and further saith 
that this Deponant did never see Cap 4 Edward Thache nor any of his 
Crew neither was any of them to his knowledge at the s a Tobias Knights 
IJouse either by night or by day until on or about the 24 th day of the s d 
last September when as this Deponant is informed he came up to the Gov- 
ernor and reported to him that he had brought a wreck into this Gover- 
ment and this Depon' doth verily believe that if the said Tache or his 
Crew had come to the s d Tobias Knights at any time either by night or 
by day before that time and especialy on or about the 14 th of September 
the s d Deponant must and would have seen them, because at the time 
there was an Alarme of the Heathen falling upon us and this Deponant 
was at that time and upon that accompt very watchfull and apprehensive 
of every thing that stired about the s d house and the s d Tobias Knight 
was also at that time in so ill a state of health that this Deponant verilv 
believes he could not possibly have gone out of his house to have had 
such communication with any person as in the s d pretended Evidence is 
Suggested without manifest danger and hazard of his life neither doth 
this deponant believe it was possible for the s d Tobias Knight to have 
had such Communication with any person either within or without his s d 
house without his knowledge for that his lodging roome was so near to 
this deponant that he must have knowne thereof and this deponant 
further saith that he was at the s d Tobias Knights House on the 14 th of 
September when William Bell came and complained that he was robbed 
and desired a Hue & Cry from the s d Tobias Knight and did hear the s d 
Tobias Knight Examine the s d Bell whether he would describe the per- 
sons to him that robbed him to which the s d Bell replied he could not 
but said he did violently suspect one Thomas Umlov and one Rich 4 



COLONIAL RECORDS. 349 



Snelling commonly called Fitery Dick to be Two of them and the others 
to be negroes or white men disguised like Negroes Some time afterwards 
lie came again to the s d Tobias Knights and had in suspission one Wil- 
liam Smith and others and the deponant further saith that he never did 
see or know of any presents of any kind to the s d Tobias Knight nor any 
of his family from the s d Thache nor any of his Crew since his being at 
the s d Tobias Knights house save only one Gun of about forty shilling 
value and this Deponant further saith that sometime on or about the 25 th 
of April last he the deponant had discourse with W m Bell of Corratuck 
Merchant concerning his being robbed of some money and Goods in 
Pamlioough on or about the 14 th day of September last past by Cap' 
Edward Thache and amongst other things he this Deponant did aske the 
s d Bell whether he thought the s d Thache was at the s d Tobias Knights 
house that night he was robbed or whether he thought lie knew any thing 
of it. To which the s d Bell replied that the s d Tobias Knight was a very 
Civil Gent and his wife a very Civil Gentlewoman and did not think or 
believe that the s d Thache was there or that he knew any thing of the 
matter or words to that Effect 

EDMUND CHAMBERLAYNE 

And this Board haveing taken the whole into their Serious Considera- 
tion and it appearing to them that the foure Evidences called by the 
names of James Blake Rich d Stiles James White and Thomas Gates were 
actually no other then foure negroe Slaves and since Executed as in the 
remonstiances is set forth and that the other Evidences so far as it relate 
to the s d Tobias Knight are false and malitious and that he hath behaved 
himself in that and all other affairs wherein he* hath been intrusted as 
becomes a good and faithful Officer and thereupon it is the opinion of 
this Board that he is not guilty and ought to be acquited of the s d Crimes 
and every of them laid to his charge as afors d 

Upon motion of Co 11 ffred Jones shewing that there is a violent pre- 
sumption that the will of Cap' Thomas Lee dec'd is destroyed or Con- 
cealed and haveing in his life time often declare that his Dependance, was 
only upon the s d Co 11 Jones in case he should dye to take care of his 
Children and Affairs and that he had apointed him an Executor to his 
will praying that this Board would grant Citations directed to M rs Mary 
Lee Widow M r William John Edwards or any others he may think 
necessary to have Examined tuching the the will of the s d Lee in order 
that the Children may not be defrauded of their Just rights and this 
Board haveing Considered of the same doe order Citations to go out 
.according to the prayer of the s d ffred Jones and that the persons con- 
cerned attend the sitting of the next Board. 



350 COLONIAL RECORDS. 



[B. P. R. O. N. C. B. T. Journals. Vol. 7. p. 130.] 

July Y e 31 st 1719 
Present 
M r Ashley for Lord Carteret Palatin 
M r Ashley 
Sir John Colleton 
M r Danson. 
M r Duckingfield appear'd and desir'd to be made Secretary of North 
Carolina M r Knight the Secretary being very ill 

Order' d that the said Duckingfield be minuted to be made Secretary 
when the Lords shall be informed that M r Knight is dead, he giving 
security for the due execution of his office. 

[N. B. Here follow eighteen blank pages, and therefore no entry of 
proceedings at the Board of the Lords Proprietors of Carolina from 31 
July 1719 to the 21 st of Jan r ^ 1724-5. W. N. S.] 



[B. P. R. O. Plant. Gen. B. T. Vol. IX. K. 160.] 



A MEMORIAL RELATING UNTO THE PROVINCE OF 
CAROLANA AND THE ADJACENT PARTS BELONG- 
ING TO THE ENGLISH HUMBLY PRESENT- 
ED TO THE LORDS COMMISS rs FOR 
TRADE & PLANTATIONS 
[August 1719.] 

I believe there will be great difficulties in a Treaty between ns and the 
French about settling the bounderies of our English Collonies upon the 
Continent of North America and those of the French particularly the 
Province of Carolana of which they seem very fond having already 
made some settlements and are preparing to make more & greater But 
I aprehend I have found an Expedient beyond all just exceptions which 
I hope may prove satisfactory unto both parties The River Mis-chacebe 
by them stiled Messisipy runs through the middle of this Province and 
the land on the west side rather larger then that on the east and it hath 
been very long generally believed that the western side abounds most 



COLONIAL RECORDS. 351 



with gold and silver bordering upon those belonging to Mexico in which 
are the richest mines belonging to the Spaniards in North America My 
Proposal is that we should abandon above half the Province totally and 
finally to the French which is on the west side of the great river and 
retain unto ourself all that on the east side all the rivers whereof proceed 
from our Collonies of Carolina, Virginia Maryland Pensylvania and 
New York And that all the Land on the east side of the river to the 
• river of the Illinoneeks by them called the river of the Ilinois unto the 
head thereof & five or six leagues farther unto the Lake of the Illinois 
and thence South to the North Border of Carolana may be adjudged to 
belong unto the English it being purchas'd of the Indians and much 
more in the begining of King James the second his reign by Governor 
Dungun after Earl of Lymerick which is recorded in the Plantation 
Office and that the navigation of the river of the Illonois should -be free 
to the English into & from the great river & from thence down the river 
unto the sea And because it may be supposed that the French will not 
willingly abandon their settlements on the west side of the river that they 
may be allowed to keep them they not being prejudicial! unto the Eng- 
lish plantations being 200 miles remote from any great river coming out 
of our plantations — Conditionally the French plant no more upon the east 
side of the great river within the bounds above mentioned All which 
will be manifest unto your Lordships from a strict view of the Map I 
had the honour to leave with Your Lordships 



[Council Journal.] 



At a council held at the Towne in Matecomack Creek on Tuesday the 
10 th of November 1719 

Present the Hon We Charles Eden Esq 1 Governor, 
Thos Pollock "I 

William Reed I tt. r t j t™ -r> 

Fred Jones \ Esq' Lds prop- Deputys 

Rich Sanderson J 

The Hon ble the Governor haveing put the Question whether M r Ed- 
ward Moseley should have Liberty to speak of any matters now lying 
before the Council that he was concerned in as an atturney before the 
sentance passed upon him by the General Court 

Resolved that he may speak to such matters in Council only and to 
no others in any Court of this Government til the time limited in the 
sentance is Expired 



.352 COLONIAL RECORDS. 



The Petition of Thomas Swan was read praying that Richard San- 
derson a member of this Board might be cited to appear the next Coun- 
cil and produce to the Board all Will that he may have by him made by 
the s d Sandersons late Father Richard Sanderson Esq r that the Petitioner 
might have Letters thereon in behalfe of his wife Deced who was wid- 
dowe to the afors d Richard Sanderson Deced. which appearing to this 
Board to be only Troublesome and vexatious 

Ordered that the same be rejected 

Read the Petition of Thomas West Shewing that William Redit ob- 
tained a pattent about four years since for a Tract of Land lying on Mor- 
atuck which is not seated and planted as the Lawe requires praying a 
Lapse patent might be granted him for the same 

Ordered that the same be granted as prayed for 

Read the Petition of Joseph Sanders praying that a Lapse Patent 
might be granted him for three hundred acres of Land formerly granted 
to Henry Gibson, and by him Elapsed for not Seateing and planting the 
same 

Ordered that the same be granted as prayd for 

The Petition of Henry Lisle was read Shewing that he purchased a 
Tract of Land of Richard Lewis containing Two hundred and Seaventy 
acres which Land being Lapsable for want of Seating and planting the 
petitioner prays a Lapse patent for the same be granted him 

Ordered that the same be granted as pray'd 

Read the petition of Ann Willson Shewing that her late husband pur- 
chased of John Early a Tract of Land containing five hundred Acres 
lying in Chinkapin Neck which Land being Lapsable for want of due 
seating and planting the petition prays a Lapse patent for the same. 

Whereupon this Board made an enquiry whether the s 4 Willson Deed 
left no Children and being Satisfied that there was both Sons and Daugh- 
ters 

Ordered that the same be granted to Willsons Heirs 

The Petition of John Heringtons being read praying that a lapse patent 
might be granted to him for Two hundred and thirty Acres of Land 
lying on the south shore of Chowan formerly Granted to Richard Swin- 
son and by him Elapsed for want of due Seating and plauting the same 

Ordered that the same be granted as prayed 

Read the Petition of John Nixon Shewing that his Father Lackey 
Nixon formerly obtained a patent for one hundred and Ten Acres of land 
lying in Pasquotanke is not seated and planted as the Lawe directs pray- 
ing that a Lapse patent may be granted to him tor the same 

Ordered that the same be granted as prayed 



COLONIAL RECORDS. 353 



Read the Petition of Samuel Charles Granted 

Read the Petition of William Haughton and the Petition of Patience 
Spiller and Constanie Williamson both refered to the next Council 

Read the petition of Samuel Phelps and Joseph Oats and the Secre- 
tary informeing this Board that there never had been a patent for the 
Land in Controversy Issued in Bogues name and it appearing that Sam- 
uel Phelps had purchased the same 

Its therefore ordered that a patent Issue for the s d Land in the name 
of Samuel Phelps 

Read the Petition of Jane Sparnon praying that Letters of Adminis- 
tration might be granted her on the Estate of her husband Josph Spar- 
non Deced with the Will Annexed no Executor being appointed thereto 

Ordered that the same be granted as prayed for 

Read the Petition of Thomas Henman praying that a lapse patent 
might be granted to him for three hundred Acres of Land lying in 
Chowan precinct formerly Granted to Thomas Bray and by him Elapsed 
for want of due seating and planting 

Ordered that a patent Isseu as pray'd for 

The Petition of William Mitchell was read praying that a Lapse patent 
might be granted to him for four hundred and forty acres of Land lying 
at Welishes Creek formerly belonging to M r Edward Mosely but this 
Board being informed by the Secretary that the s d Land was already 
granted to William Fryley 

Ordered that the_same be rejected 

John Hobbs's Petition was read seting forth that M r John Norris 
Deputys Survey 1 formerly surveyed a Tract of Land for one Burnham 
Conteyning four hundred Acres and that about 4 years afterwards the 
petitioner by the advice of the s d Norris bought the survey of the s d 
Burnham and intrusted the whole matter to him y" s d Surveyor who drew 
a deed of sale for the same which he hath ready to produce and the s d 
Norris being likewise Implied to get a patent for your petitioner on the 
s d Deed did after some time procure one for the petitioner but the Courses 
in the patent and the returne of the survey being defferent from the 
courses in the Deed afore mentioned the Petitioner by the neglect afors d 
is a very great Sufferer haveing nothing but swamp and not near the 
Quantity of that which the patent mentions as the Courses in that are set 
down so that unless releaved by this Board by the foul practices of the 
s d Norris the Petitioners are likely to lose his Land therefore humbly 
prays your Honours would order the s d Norris to attend and give an 
accompt how he came to make a returne of Land where there was none 
45 



354 COLONIAL BECOBDS. 



and that he may produce his book of surveys that the Petitioner may dis- 
cover whether that Be agreeable to the returne in the Secretarys Office 

Ordered that the s d John Norris attend the Boards next Sitting and 
bring with him his Feild Book of surveys 

Bobert Hicks Petition was read praying that a Lapse pattent might be 
granted to him for Two Tracts of Land lying at a Hostky formerly 
Granted to William Folke and by him Elapsed for want of Seating and 
planting according to the Tener of the s a patents 

Ordered that patents Issue as pray'd for 

Bead the Petition of Bobert Hicks praying that a Lapse patent might 
be granted to him for five hundred Acres of Land granted by patent to 
Tredle Keef lying in Chowan Precinct and by Keef Elapsed for not 
Seating and planting according to the Tener of the patent 

Ordered that the same be granted as pray' d for 

Bead the Petition of Bobert Hicks seting forth that six hundred and 
forty Acres of Land lying in Chowan precinct hath been formerly 
granted by patent to James Turner which is not Seated and planted as 
the Lawe requires praying that a lapse patent may be granted to the 
Petitioner for the same 

Ordered that a patent Issue for the same as prayed for 

Moses Eliots Petition was read Shewing that his Father Thomas Eliot 
obtained a patent for one hundred and Sixty acres of Land lying in per- 
quimons which is not seated and planted as the Lawe directs and there- 
fore prays a Lapse patent may be granted him for the same, 

Ordered that the same be granted 

Bead the Petition of John Lovick Esq 1 praying that a Lapse patent 
may be granted him for a Tract of Land containing three hundred and 
eighty-five Acres formerly granted by patent to M r Henry Clayton and 
by him Elapse for want of one seating and planting 

Ordered that the same be granted 

The Petition of Bichard Bathelor was prefered Shewing that William 
Daws formerly took up eighty five acres of Land lying at Scupernung . 
which is not Seated and planted as the Lawe requires praying that a 
Lapse patent may be granted to him for the same 

Ordered that a patent Issue as prayed 

James Betts's Petition was read praying that one hundred Acres of 
Laud that formerly was- granted to Bobert Walace of Pasquotanke and 
not Seated and planted as the Lawe requires might be granted to the 
petitioner 

Ordered that the same be granted 



COLONIAL RECORDS. 355 



Read the Petition of John Bell Shewing that Joseph Sparnon took up 
& Patented a Tract of Land lying in Pasquotanke Containing 

acres which is not Seated and planted as the Lawe requires the 
petitioner therefore prays a Lapse patent may be granted to hira for the 
Same 

Ordered that a pattent Issue as prayed for 

John Kings Petition was read praying that a Lapse Patent may be 
granted to him for Ninety nine acres of Land lying at Bennet Creek 
being Elapsed by John Walters to whome a patent was granted for want 
of due Seating and planting 

Ordered that the same be granted 

Read the Petition of Thomas Roberts shewing that John Pettiver 
patented a Tract of Land lying in Chowan Precinct Containing about 
six hundred acres Joining on Timothy Taylors which is not seated and 
Planted as the Lawe requires praying that a Lapse patent may be granted 
to him for the same 

Ordered that a patent Issue as prayd for 

Read the Petition of William Fryley Junr shewing that about four 
years agoe his Father William Fryley Obtained a patent for three hun- 
dred acres of Land called Roses which is not seated and Planted accord- 
ing to the Tener of the s d patent the petitioner therefore prays a Lapse 
patent may be granted to him for the same 

Ordered that the same be granted 

Jonathan Sherwoods petition was read Shewing that in the year 1716 
James Sitterson obtained patent for sixty - one Acres of Land which is 
not seated and planted as the Law requires praying that a Lapse patent 
may be granted him for the same 

Ordered that the same be granted 

Read the Petition of Tredle Keef shewing that Andrew Salsbury in 
the year 1716 Obtained a patent for ninety Acres of Land lying on 
Winacone Creek which is not seated and planted as the Law requires 
praying that a lapse pattent may be granted to him for the same 

Ordered that a patent Issue as prayed for 

Read the Petition of Thomas Peirce Seting forth that John Pettiver in 
the year 1712 Obtained a patent for four hundred acres of Land lying 
at the head of Bentleys Creek which is not seated and planted according 
to the Tener of the s a patent praying that a lapse patent may be granted 
for the Same 

Ordered that the same be granted as prayed for 



356 COLONIAL RECORDS. 



David Sherwoods petition was read praying that a lapse patent may 
be granted him for a Tract of Land lying in Perquimons formerly granted 
to John Pettiver and by him Elapsed for want of seating and planting 

Ordered that the same be granted 

Read the Petition of Francis Smith praying that a lapse patent may 
be granted to him for a Tract of Land lying at yawpim Called petits 
point formerly granted by patent to John Pettiver and by the s d Pet- 
tiver Elapsed for want of seating and planting 

Ordered that a patent Issue for the same 

Read the Petition of Thomas and John Boyd Shewing that about five 
years since their Father Co 11 Thomas Boyd Obtained a patents for three 
hundred acres of Land lying at Croaton which is not seated and planted 
according to the Tenor of the patent praying that a Lapse patent may 
be granted to them for the same 

Ordered that the same be granted 

Read the Petition of John Porter Shewing that John Swain in the 
year 1716 obtained a patent for three hundred Acres of Land which is 
become Lapsed of due seating and planting praying that a Lapse patent 
may be granted to him for the same 

Ordered that a patent Issue for the same 

Thomas Lovicks Petition was read shewing that William Duckingfiekl 
Esq' Obtained patents for Two Tracts of Land lying on the head of 
Salmon Creek Containing each six hundred and forty Acres between the 
Land of John Duckingfields and John Williams which are both become 
Lapsable for want of due Seating and planting the petitioner therefore 
prays that a lapse patent may be granted to him for the Same 

Ordered that the same be granted 

The Petition of Coll William Reed was read shewing that Thomas 
Sawyer obtained a patent dated in 1711 for eight hundred and Fifty 
Acres lying in Pasquotanke which is become Lapsable for want of due 
seating and planting praying a Lapse patent may be granted to him for 
the Same 

Ordered that a patent Issue for the same as prayed 

The Secretary heaveing made a motion to this Board defireing their 
opinion whether such Lands as were taken up before the arrival of the 
order from the Lords proprietors forbiding the sale of their Lands in this 
province might not bepattented many persons haveing settled such Lands 
and are ready to pay the purchase money therefor 

This Board unanimously agreed that patents may Issue on them 
provided there be a Clause in all Such patents declareing that the 



COLONIAL RECORDS. 357 



s 4 Land was taken up before the arrival of the s d order from the Lords 
prop 13 

Then this Board adjourned til Saturday next 

Saturday November the 14 th this Board met again 
Present the Honble the Governor 
Thos Pollock 1 

William Reed V Esq™ Lds Deputys 
Fra Foster j 
Upon motion of Richard Sanderson Esq r praying for Letters of Adm tn 
on his Deced Fathers Estate and M r Thomas Swan who had entered a 
Caveat in the Secretary Office against adm tn being granted on the Es- 
tate til he was first heard being called to make his objections and not 
appearing to shew why adm tn should not be granted as pray'd for 

Its Ordered that the s d Richard Sanderson have adm tn granted him on 
the Estate of Rich* Sanderson Esq r Deced and the Secretary make out 
the Letters accordinglv 

By Order 

J LOVICK Secty 



[General Court Records.] 

28 July 1719 
North Carolina ss 

Att a General Court held for the s d Province at the Court House at 
Queen Anues Creek in Chowan Precinct the 28 th July 1719 and con- 
tinued to the 1' of August following 

Present Jn° Blount & Jn° Hardy Esq 18 

The Court being opened satt and adjourned till to-morrow morning 8 
a clock 

July the 29 th 1719, The Court mett according to adjournment Present 
ffredrick Jones Esq r Chief Justice Jn° Blount, Jn° Hardy, Tho 9 Miller, 
Tho" Harvey & Jn° Worley Esq r Maj r Robert West, Benj : West & Tho 9 
Pollock Esq' take and subscribe the severall oaths by law appointed & 
their places in the Court. 

Co" Edw a Moseley & Co 11 Maurice Moore appeard & moved this Court 
that their appearance might be recorded to save them and their Bail. 



358 COLONIAL RECORDS. 



And it was accordingly recorded. They also moved that their Recogni- 
zances might for error in the Comittment whereby they stand comitted 
and for Error in the Recognizances for their appearance. The Court 
over ruled the Error, and orderd that the Recognizance be continued till 
the third day of the Court being the day for the Crown business The 
Court adjourned till to-morrow morning 9 a clock 

July the 30 th 1719 The Court mett according to adjournment 

Present as above 

The Grand Jury are Impanelled and sworn 

Co 11 William Maule fforeman 

W m Charleton Sen 1 Sam 1 Phelps, Geo. Winns W m Crawford Jno. 
Cotton, Jam 8 Brown, John Plowman Dav d Hicks, Sam" Pagett, Tho" 
Garrett Griffeth Jones, Tho 8 Rountree, Laz s Thomas, Jam 8 Boon Johna" 
Evans 

W m Braswell being bound by recognizance to appear at this Court 
made his appearance and nothing appearing ag' him Ordered that he be 
dismist 

Joseph Darden being bound by recognizance to appear at this Court 
appeard and the s d Darden not being fully satisfyed the Court by the 
deposition he produced Ordered that he be continued by the Recognizance 
to appear at the next Court &c 

Joseph Darden and W m Braswell acknowledge themselves to be 
Indebted to our Sovereign Lord the King in the sum of t%vo hundred 
pounds current money of Great Brittain to be levyed on their lands and 
tenem" goods & Chattells with condition 

That the s a Joseph Darden shall personally appear before the Chief 
Justice and Justices for holding the Generall Court of this Province the 
last Tuesday in October next then and there to answer and give Evidence 
to such causes matters and things as shall be allegged against and required 
of him and not to depart the s a Court untill he shall be discharged there- 
from then this Recognizance to be Void else to remain in full force and 
vertue. 

Mary Worseley being bound to appear at this Court made her appear- 
ance and acknowledged her offences and is fined by the Court the sum 
of Tenn Pounds for the same which being paid in Court. Orderd that 
she be dismist. 

Upon the Returne of the Grand Jury they Present the following 
Indictment to the Court. 



COLONIAL RECORDS. 359 



Nokth Carolina — ss 

To the Honb Ie ffredrick Jones Esq 1 Chief Justice and to the rest of 
the Justices for holding the General Court for the Province of North 
Carolina 

The Jurors for our Sovereign Lord the King upon their oaths do pre- 
sent that the seven and twentieth day of December 1718 Edward Mose- 
ley of Chowan Precinct in the County of Albemarle in the Province afs d 
Esq r maliciously Intending and imagining Charles Eden Esq 1 then Gov- 
ernor. Comander in Chief and Admirall of the Province afs d into the 
hatred and evil opinion of all his Maj tt good and faithful subjects y" 
Inhabitants of this Province to bring and the Good Goverm' diligent and 
just administration of him the s d Charles Eden as Governor to detract 
asperse and contempt & to move and stir up debates and strifes differ- 
ences sedition Discord and Dissention within this Province to the endan- 
gering the destruction and subversion of the Good Goverm' thereof and 
to the ruin and disturbance of the Kings Peace at Sandy Point in 
Chowan Precinct afs d advisedly and with malicious and seditious 
intent against the s d Charles Eden then Governor. He the s d Edw d Moseley 
did Malitiously openly and contemptuously and Opprebiously in the 
presence of Divers his Maj' 8 good and faithful subjects Inhabitants within 
this Province speak publish utter and declare these false malitious scan- 
dalous Opprebious & seditious words and speeches following viz' I 
wonder that you (one Jn° Blount Esq 1 a Justice of Peace then there 
being meaning) should be concerned in so foolish and frivolous a busi- 
ness but 'tis like their Proceedings (the s d Charles Eden the Governor 
ffrederick Jones Esq 1 then Chief Justice of this Province & other mag- 
istrates and good and faithfull subjects of our Lord the King then being 
with the s d Governor removing him the s d Moseley and others who had 
unlawfully taken into their possession the Records of this province, the 
Journalls of the Councell, the Collony seal the Secretarys office & the 
papers thereto belonging and they (the said Governor Chief Justice and 
others meaning) will be ashamed of it They (s d Governor Chief Justice 
& others with him again meaning) could easily procure armed men to 
come and disturb quiett & honest men (himself and others who had so 
possessed themselves of the Record & Office &c meaning) but could not 
(tho' such a Number would have done) raise them to destroy Thack '(one 
Edw 4 ' Thacke formerly a pirate meaning) but instead of that he (the s d 
Thacke meaning) was Suffered to go on in his vilainies my Comittment 
is illegal (meaning his being then in Custody by the comands of the s d 
Governor) It is like the comands of a German Prince. I (himself again 



360 COLONIAL RECORDS. 



meaning) hope to see the Governor (the said Charles Eden again mean- 
ing) who has so illegally comitted me a Prisoner himself putt in Irons and 
sent home to answer what he has done here, And I (himself again mean- 
ing) will endeavor to blacken his character (the Governor again meaning) 
as much as is in my power. And then of his farther Malitious and sedi- 
tious intent to stir up the people & procure the disturbance and ruin of 
the Kings Peace proceeded appealing to the People & by slanders in these 
other seditious words and speeches. Is not this a hard case the Liberty 
and property of the subject is taken away by these Illegall proceedings 
and you are as lyable to have yours destroy'd as ours now are. To the 
great scandal & defamation of him the s d Charles Eden Governor of this 
Province & the Governm' thereof to the moving and incitement of Dis- 
cord and sedition within this Province & Danger of the subversion of 
the Laws and Constitution of this Province against the Peace and in. 
Contempt of our Lord the King that now is his Crown and Dignity & 
Contrary to the form of the statutes in such cases made and provided 

DAN 11 RICHARDSON P Duo Rege 

Upon the returne of such Indictm' The Question was asked by the 
s d Moseley's Council] how many of the Jury agreed in the Indictment 
the fforeman answered all 

Co 11 Edward Moseley informed this Court that he was very credibly 
informed that sundry reputable Persons in divers parts of the Country 
to the number of thirty were summoned by the Marshall of the severall 
Precincts to serve as Grand Jurymen for the body of this Government 
that the greatest part of them attended but by some practices as the s d 
Moseley suggested there was but sixteen returned. He therefore moved 
that this Court would admit him to produce Persons to make proofs of 
the sumons of Sundry Grand Jurymen that were sumoned and not returned 
Altho' they were present in Court. Or that the officers might be called 
and examined on oath concerning the Sumons & Returnes 

The Court were, of opinion that M r Moseley might call any evidence to 
prove any ill practice in the Marshall or any of the Officers but he not 
doing that & there not appearing anything in this matter contrary to the 
constant method and practice of this Court for sumoning and Inipan- 
nelli.ng Grand Jurysand Jurys, and the officers of this Court being upon 
their oaths in their places. It is the Opinion of the Court that they ought 
not upon this motion & suggestion to be sworn now & Examined whether 
they have been guilty of any evil practice in this matter Whereupon the 
Court ordered the Indictm 1 to be read which was accordingly read, and 



COLONIAL RECORDS. 361 



then the s d Edw. Moseley moved that he might have time till the next 
Court to answer the s" Indictment and the s d Moseley making oath that 
he had evidences which lie believed Materiall who were out of the Gov- 
ernm' Ordered that the Tryall be referred the next Court and also that 
the s d Moseley enter into bond with security to appear the third day of 
the next Gen 11 Court &° 

And it is further Orderd that the s d Moseley Plead tomorrow. 

Coll 11 Edw d Moseley & Maj r Thomas Luten acknowledge themselves 
to be indebted to our Sovereign Lord the King in the sum of one thou- 
sand Pounds each curr' money to be levyed on their lauds and tenements 
goods and Chattells with condition that if the s d Edward Moseley do 
personally appear before our Chief Justice and Justices for holding the 
Generall Court of this Province at the Court House at Queen Ann's 
Creek in Chowan Precinct the last Tuesday in 8ber next on the third day 
of the Court then and there to answer such matters & things as is laid 
to his charge by Indictment & not Depart y" Court untill he shall be 
discharged therefrom & that in the meantime he be of his good behav- 
iour then this Recognizance to be void else to remain in full force & 
vertue. 

Adjourned till tomorrow morning 9 a clock 

July 31 1719 
The Court mett according to adjournm' 

Present as before upon the return of the Grand Jury they present the 
following Indictment to the Court 

North Carolina ss. 

To the Hon ble ffredrick Jones esq 1 Chief Justice and to the rest of the 
Justices for holding the Generall Court for the Province of North Caro- 
lina 

The Jurors for our Sovereign Lord the King upon .their oaths do pre- 
sent that Maurice Moore Esq r Thos Luten Jun r Esq r Joseph Moore 
Labourer & Edward Moseley Esq 1 all of Chowan Precinct in the County 
of Albemarle afs d and Henry Clayton of Pequimons Precinct in the 
County & Province afs d Gentleman the sixth and twentieth day of De- 
cember 1718 at Sandy Point in Chowan Precinct afs d with force and 
armes into a certain dwelling house then in the possession of John Lov- 
ick Deputy Secretary of and for this Province wherein the Records of 
this Province the Journalls of the Councill the Collony seal were then 
being the Secretarys Office and the Navall Office for the District of 
Roanoak were, then kept did unlawfully enter and the s d house did fasten 

46 



362 COLONIAL EECOEDS. 



& nail up and him the s a John Lovick from the possession of the s a 
House, Eecords, Journall seal and Officers with like force & armes did by the 
space of twenty hours Riotously hold and keep against the Peace of our 
Sovereign Lord the King that now is his crown and Dignity & against 
the force of the Laws in such case made and provided. 

DAN 11 EICHAEDSON P Duo Eege 

Not Guilty Edw d Moseley 
M. Moore 

To which Indictm' being read Edward Moseley & Maurice Moore Plead 
not Guilty 

Ordered, that Co 11 Edward Moseley and Maurice Moore give bond with 
security in the sum of one thousand pounds each for their appearance 
here the third day of the next Court to answer the Indictment found by 
the Grand Jury and that in the mean time they be of their good behaviour. 

Upon which Co" Edward Moseley and Maj r Thomas Luten acknowl- 
edge themselves to be indebted to our Sovereign Lord the King in the 
sum of one thousand pounds each to be leveyed upon their lands & Tene- 
ments goods and Chattells with condition. That if the s d Co" Edward 
Moseley do personally appear here the third day of the next court and 
answer the Indictment found by the Grand Jury and not depart the Court 
untill discharged therefrom and that in the mean "time he be of his good 
behaviour then this Eecognizance to be void else to remain in full force 
and vertue 

Co 11 Maurice Moore and Tho" Swann acknowledge themselves to be 
indebted to our Sovereign Lord the King in the sum of one thousand 
Pounds each ourr' money to be levyed on their Lands and Tenements 
goods and Chattells with condition. That if the s a Co 11 Maurice Moore 
doe personally appear here the third day of the next Court and answer 
the Indictm' found by the Grand Jury and not depart the Court untill 
discharged therefrom and that in the mean time he be of his good 
behaviour then this Recognizance to be void else to remain in full force 
and vertue 

Upon the motion of the Attorney Generall Ordered, that process do 
issue to take into custody Tho s Luten Jun r Joseph Moore Labourer and 
Henry Clayton untill they give bond with security in the Penalty of one 
thousand pounds for their appearance here the third day of the next 
Court to answer the Indictment found against them and Co 11 Moseley and 
Co" Moore by the Grand Jury. 

Henry Clayton & Thomas Bitterly acknowledge themselves to be 



COLONIAL RECORDS. 363 



indebted to our Sovereign Lord the King in the sum of one thousand 
pounds eacli to be levyed upon their Lands and Tenements goods and 
Chattells with condition 

That if the s d Henry Clayton do personally appear here the third day 
of the next Court and answer to the Indictment found by the Grand 
Jury against him & others and not depart the Court until discharged 
therefrom, and in the meantime he be of his good behaviour then this 
Recognizance to be void else to remain in full force and vertue 

Thomas Luten Jun r and Cap'" Henry Bonner acknowledge themselves 
to be indebted to our Sovereign Lord the King in the sum of one thou- 
sand Pounds each curr nt money to be levyed upon their lands and tene- 
ments goods and Chattells with condition 

That if the s d Thomas Luten Jun r do personally appear here the third 
day of the next Court & Answer to the indictment found by the Grand 
Jury against him & others and not depart the Court untill discharged 
therefrom and in the mean time he be of his good behaviour then this 
Recognizance to be void else to remain in full force and vertue. 

Thomas Boyd being bound to appear at this Court by recognizance 
made his appearance & nothing appearing against him Orderd that he 
be Dismist. 

The Grand Jury presents John Hassell for living in Adultery many 
years they likewise present the s d Hassell for Blasphemous words & dis- 
courses at several times 

Charles Wilks for living in open Adultery 

Mary Brinn for keeping Company with Charles Wilks and causing 
his wife to leave him by threatning speeches 

John Wyer for taking away the wife of Thomas Portis & keeping 
Company with her. 

W m Branch retailing liquor without licence and selling Liquor and 
Victuals contrary to the Law of this Province 

And also Jn° White Sen r selling Liquor without a Licence. 

Orderd' that Venires do issue out ag st John Hassell Charles Wilks 
Mary Brinn John Wyer, W m Branch & John White Sen r to cause them 
to appear here the third day of the next Court to answer the presentm" 
of the Grand Jury and that the Attorney Gen 11 have copys of the Pre- 
sentm* 8 

The Court having asked the Grand Jury if they had any farther pre- 
sentments to offer and they answering No. Ordered that they be dis- 
charged 

Adjourned till tomorrow morning 8 a clock 



3(34 COLONIAL RECORDS. 



Esq r 



Aug 8 ' the l 8 ' The Court mett according to adjournment Present as 
before Read the orders of the Court and adjourned to the Court in Course 

North Carolina ss 

Att a Gen" Court held for the s d province at the Court House at Queen 
Ann's Creek in Chowan Precinct the 29th Octob r 1719 & Continued to 
the 3 d day of Novem 1 following , 

Present ffredrick Jones Esq r Chief Justice 

John Blount 
John Hardy 
John Palin 
John Worley 
Thos. Pollock Jun r 
Maj Robert West 

The Grand Jury are impannelled and sworn 

John Bell iforeman 

Tho 8 Ashley, Sam" Phelps, John Williams Lew 8 Davisr Tho 8 Ball, 
Mich 11 King, Martin Gardner Jam 8 Rutland Griffeth Jones, W m Willson 
Lan. Magne Jam Bell Edw 11 James Edward Moore John" Evans John 
ffalcenar 

Coll 11 Edward Moseley being bound by Recognizance to appear at 
this Court to answer an Indictment found ag st him by the Grand Jury 
last Court made his appearance Maurice Moore being bound by Recog- 
nizance to appear at this Court to answer an Indictm' found ag 8 ' him by 
the Grand Jury last Court made his appearance Tho 8 Luten Jun' being- 
bound by Recognizance to appear at this Court to answer an Indictm' 
found ags' him by the Grand Jury last Court made his appearance. 
Coll 11 Edward Moseley being bound by Recognizance to appear at this 
Court to answer an Indictment found ags' him and others by the Grand 
Jury last Court made his appearance. 

Henry Clayton being bound by Recognizance to appear at this Court 
to answer an Indictm' found ag st him & others by the Grand Jury last 
Court made his appearance 

Which Indictm' being read Henry Clayton & Tho" Luten Juiv" sev- 
erally pleaded not guilty 

Ordered that Coll" Edward Moseley appear at this Court tomorrow 
morning 10 a clock upon his Recognizance 

Ordered that Coll" Edw d Moseley, Maurice Moore Thos 8 Luten Juir" 
& Henry Clayton appear at this Court tomorrow morning Ten a clock 
upon their a Is' 1 several 1 Recognizances 



COLONIAL RECORDS. 365 



The Grand Jury presents Tho B Spivy Abra: Spivy Benj: Spivy and 
Jacob Spivy for Hogg stealing by the Information of Nich Hunter Rob' 
Chappell & Mary Cha.ppell Evidences. 

The Grand Jury presents Abram Spivy for mismarking of Hoggs by 
the information of Nich Hunter Rich d Bond Wm Ashley & Jos. Ashley 
witnesses 

The Grand Jury presents Tho 8 Spivy, Abra m Spivy Benj n Spivy & 
Jacob Spivy for breaking the Sabbath informd' by the oath of Mary 
Chappell 

The Grand Jury presents Jam a Boulton cohabitting with and seducing 
Mary Jennings the wife of W m Jennings Sen r from her husband by the 
Information of John Bell 

The Grand Jury presents Henry Pendleton for breaking the Sabbath 
by the Information of John Bell 

The Grand Jury presents Em 1 Low for breaking the Sabbath with 
three of his Negros with him by the information of James Bell 

The Grand Jury presents John Relf & Edw d ffaircloth Overseers of 
the road for not keeping the roads in repair according to Law by the 
information of Jo. Cooper. 

The Grand Jury presents Benj n West for breaking the Sabbath by his 
negro 8 working on the Sabbath by the Information of Jam 8 Bell. 

Ordered that venires do issue out ag 8t Tho 8 Spivy Abra™ Spivy Benj. 
Spivy. Jac" Spivy Jam 8 Boulton Henry Pendleton, Em 11 Low. John Relf 
Edw d ifaircloth & Benj n West to cause them to appear the third day of 
the next General Court to answer the presentm' of the Grand Jury. 
And that the Attorney Gen 11 have Copys of y e Presentm' 8 

The Court haveing ask'd the Grand Jury if they had any farther Pre- 
sentm' 8 to offer and they answering No. Orderd that they be discharged. 

Adjourned till to-morrow morning ten a clock 

ffriday 8ber 30 th 1719 
The Court mett according to adjournment. Present as before. Read 
the orders of the Court - 

Dan 11 Richardson Esq 1 Attorney General comes to present an Indictm' 
found by the Grand Jury last Court ags' Coll 11 Edward Moseley in these 
words to witt The Jurors for our Sovereign Lord the King upon their 
oaths do present that the seven & twentieth day of Decern be r 1718 Ed- 
ward Moseley of Chowan Precinct of the County of Albemarle of the 
Province afs 4 Esq' &c as by the s d Indictm' here upon record cloth appear 
to which he then pleaded, which said plea being lost or embezled cannot 



366 COLONIAL RECORDS. 



be had but the Court being assured the s d Plea is not Guilty saving to 
himself all lawfnll advantages & putting himself upon the Country for 
Tryall and which s d plea was Joyn'd by the Attorney Generall afs d to 
which he the s d Moseley was this day call'd and appear'd according to 
Order yesterday and mov'd the Courts opinion whether he was regularly 
here in Court this day to which the Courts opinion is that he the s d 
Moseley is Regularly here in Court this day. Whereupon the s d Ed- 
ward Moseley desires the Court to Consider whether the Entry made 
this day of the plea to this Indictm' is the same plea as he delivered in 
writing the last Court according to their order and which was Joyn'd & 
subscribed by the Attorney Generall for the s d Edward Moseley saith It 
contain'd more than a Bare. Not Guilty for it contained a Protestation 
and saving to himself all advantages of exception to the whole Proceed- 
ings on this Case and desires the s d plea may be referred to which being 
impossible It is the Resolve and opinion of this Court that the prosecu- 
tion of his Maj ta suit ought not to fall for want of the plea putt into the 
last Generall Court by the said Moseley which hath either been lost or 
Imbezled by the Clark but as the Court is well satisfyed that the Plea 
was Generall Issue Not Guilty saving to the s d Moseley all lawfull ad- 
vantages they ought to proceed on his tryall. Whereupon it was 
Comanded the Marshall that he cause to come twelve & c by whom &° 
who neither &° And there came (viz) M r Jam 8 Castellaw Edwa d Carter, 
Tho B Blitchendon Lewis Skinner, John Jennet Robert Patterson, George 
Turnage. Mos" Hill Jn° Bentley, Tho s Elliot Richard Willson Edward 
Wingate who being sworn say. We of the Jury find Edward Moseley 
Guilty of speaking the words contain'd in the Indictm' according to the 
evidences and if the Law be for our Sovereign Lord the King then we 
find him the s d Edward Moseley Guilty, but if the Law be for the s d 
Moseley then we find him not Guilty. 

Whereupon the Councell for our s d Lord the King moved the Court 
to assign a time when the matter of Law shall be argued and this Court 
has appointed time now being Satturday the 31 of this Ins* 8 Ten a clock 

And upon motion of the Attorney Generall Order'd that the said Edward 
Moseley be Continued upon the same Recognizance by which he stood 
bound in the above Suit for Scandalous words <ve till tomorrow being 
satturday the 31 of this Ins' Ten a Clock 

Coll" Edward Moseley being call'd to answer the Indictment found 
ags' him & others &e made his appearance according to the order Yester- 
day of this Court Order'd that he be continued upon the same Recogni- 
zance till tomorrow 10 of the Clock beint-' the 31 st of this Instant 



COLONIAL RECORDS. 367 



Co 11 Maurice Moore being call'd upon his Recognizance continued by 
Order of this Court to this day made his appearance. Order'd that he 
be Continued upon the same Recognizance till tomorrow morning 10 of 
the clock being the 31 st of this Ins' 

Thomas Luten Jnn r being call'd upon his Recognizance continued by 
order of this Court to this day made his appearance. Order'd that he 
be continued upon the same Recognizance till tomorrow 10 of the clock 
being the 31 s ' of Instant. 

Henry Clayton Gent, being called upon his Recognizance continued by 
order of this Court to this day made his appearance Order'd that he be 
continued upon the same Recognizance till tomorrow 10 of the clock 
being the 31 st of this Instant. 

And then the Court adjourned till Satturday ten a clock. 

Satturday 8ber 31 1719 

The Court mett according to adjourni' Present as before Read the Or- 
ders of the Court 

Upon M r Edward Moseley's troubling the Court with severall unnec- 
essary motions. It is resolved by the Court that they will not stuff the 
Record with his motions, but that he shall have full Liberty to Plead 
everything that is pertinent to his Tryall. 

And now here at this day came the Councill for our Sovereign Lord 
the King &c and Edward Moseley Defend' according to the time assigned 
by the Court for Argneing the matter of Law in the suit depending be- 
tween the PI' & Def afs d and the same being fully argued and Debated 
on both sides, the Court adjourned for half an hour to consider thereon. 

The Court mett according to adjournment. 

And this Court having advised with themselves and well and Duely 
considered the arguements on both sides and the Verdict of the Jury last 
might do find & adjudge the Law is for our Sovereign Lord the King PI' 

The Attorney Gen" moved for Sentence 

And thereupon the Court take time nntill munday morning next ten 
of the clock to consider of the sentence 

And upon motion of the Attorney Gen" Orderd that the s d Edward 
Moseley be continued upon the same recognizance by which he stood 
bound in the above suit for scandalous words &c. till munday morning 
ten of the clock 

Coll" Edward Moseley being calld to answer the Indictm' found ag 8t 
him and others &c made his appearance according to the order yesterday 
of this Court. 



368 COLONIAL RECORDS. 



Orclerd' that he be continued upon the same recognizance till Munday 
morning next ten of the Clock 

Coll" Maurice Moore being calld' upon his Recognizance continued by- 
Order of this Court to y" day made his appearance. 

Orderd' that he be continued upon the same Recognizance till Munday 
morning next Ten of the Clock 

Tho 8 Luten Jun r & Henry Clayton being calld' upon their Recogni- 
zances continued by order of this Court to y s day made their appearances. 

Orclerd that they be continued upon the same Recognizance till Mun- 
day morning next ten of the Clock. 

Adjournd till Munday morning next ten of the Clock 

Munday Nov r 2 1719 

The Court mett according to adjournment. Present as before save only 
Rob' West Esq 1 

Coll 11 Edward Moseley being calld' to answer the Indictm' found ag" 
him for scandalous words &c made his appearance accprding to the order 
of this Court Satturday last and the Attorney Gen e11 moved for Sentence 
upon y c Indictm' upon which he had by the Court and Jury been found 
Guilty 

And it being asked the s d Moseley if he had anything to say in stay of 
the s d sentence answerd' that he would not trouble the Court any further 
but submitt himself to them upon which the Court adjournd' for half an 
hour to advise and consider theron, The Court mett according to 
adjournm', And this Court having well and Duely considered the Indict- 
ment throughout the Evidences produced in the whole Tryall the Ver- 
dict of the Jury found thereon and the Arguements and law both on 
behalf of the King & upon Edward Moseley Esq r DeP have adjudged 
the law to be with the King 

It is therefore considered and adjudged by the Court that y 8 s d Edward 
Moseley pay a fine of one hundred pounds and be incapable of bearing 
any office or place of Trust in this Government for three years and give 
bond with sufficient security in the sum of two hundred pounds for his 
good behaviour a year and a day and that he be taken into Custody 
untill he perform the same. 

Daniel Richardson Esq 1 comes to present an Indictm' ag' Maurice 
Moore Esq' Tho 9 Luten Jnn r Esq' Edward Moseley Esq r all of Chowan 
Precinct in Albemarle County & Henry Clayton Gent, of Pequimans 
Precinct in the County afs d and saith as in and by the s d Indictment 
remaining upon Record doth appear became bound by Recognizance to 



COLONIAL RECORDS. '3(39 



appear this Court & being ealld according to the s d Recognizance they 
all severally appeard & upon their motions to the Court had leave to 
raise out the word (not) which accordingly they did and pleaded Guilty 
to the s d Indictment and throw themselves upon the mercy of the Court. 
Whereupon the Court askes time till tomorrow morning to consider 
thereon. And then adjournd till tomorrow morning Ten a clock, Tues- 
day Nov 1 ' the 3 d 1719 The Court mett according to adjournal' Present as 
before tfredrick Jones Esq r Ch : Justice Excepted. 

And the Court having considered the Indictm' with regard to the sev- 
erall aggravations of the persons therein mentioned & the s d Persons Plea 
& throwing themselves upon the mercy of the Court. Have ordered 
and gave Judgment that the s d Co" Maurice Moore jpay a fine of five 
pounds and M r Tho s Luten Jun r pay a fine of twenty shillings and that 
each of them give bond with sufficient security in the sum of twenty 
pounds for their good behaviour till the next Generall Court. And that 
Co" Edward Moseley & M r Henry Clayton pay a fine of five shillings 
each and that they be all taken into Custody untill they have performd 
the same. 

Daniel Richardson Esq* Attorney Gen 11 comes to Prosecute an Infor- 
mation of the Grand Jury ag 5 ' John White and saith 

The Jurors for our Sovereign Lord the King presents John White of 
the Indian Town in Chowan Precinct for selling and retailing Liquors 
without Lyeence contrary to the Laws of this Province in y' behalf made 
and provided & against the Peace of our said Sovereign Lord the King 
y' now is and against his Royal Crown Dignity &c. 

DAN 11 RICHARDSON P Duo Rege. 

And the s d John White by Tho" Bray his Atty comes & for plea saith 
Not Guilty Whereupon the Attorney Gen 11 afs d prays time till the next 
Gen u Court to produce y e Kings Evidence. 

Orderd that the same be continued till the third day of .the next Gen- 
erall Court 

Dan" Richardson Esq r Attorney Gen 11 comes to prosecute an Informa- 
tion of the Grand Jury ag st W m Branch and saith 

The Jurors for our Sovereign Lord the King presents W m Branch of 
Chowan Precinct ffor that he the s d William Branch did retail Liquors 
without Lyeence & Sell Liquors & victuals contrary to the Laws of this 
Province in that behalf made and provided and ag st the Peace of our 
Sovereign Lord the King that now is & ag st his Royall Crown & Dig- 
nity &c. 

47 DAN" RICHARDSON P Duo Rege 



370 COLONIAL RECORDS. 



And the s d William Branch by Tho s Henroan his Attorney comes & 
for Plea saith Not Guilty whereupon the Attorney Generall afs d Joynd 
issue and prays time till the next Generall Court to produce the Kings 
evidence 

Ordered that the same be continued till the third day of the next Gen- 
erall Court 

Daniel Richardson Esq 1 Attorney Generall comes to prosecute an 
Information of the Grand Jury ag st Charles Wilks and Saith 

The Jurors for our Sovereign Lord the King present Charles Wilks of 
Pequimans Precinct for living in open adultery ag st the Peace of our s d 
Sovereign Lord the King y' now is his Royal Crown & Dignity & con- 
trary to the Laws in that behalf made & provided &° 

DAN 11 RICHARDSON P Duo Rege 

And the s d Charles Wilks by Tho s Heninan his Attorney appeard 

Ordered that the same be continued till the 3 d day of the next Gen 11 
Court by the Consent of both Partys 

Daniel Richardson Esq' Attorney Gen 11 comes to prosecute an informa- 
tion of the Grand Jury ag st Mary Brinn & saith 

The Jurors for our Sovereign Lord the King Presents Mary Brinn 
for keeping company with Charles Wilks of Pequimans Precinct and 
causing his wife to leave him by threatening speeches ag st the Peace of 
our s d Lord the King that now is Royall Crown & Dignity & ag" the 
force of the Law in that case provided &° 

DAN 11 RICHARDSON P Duo Rege 

And the s d Mary Brinn by Tho s Henman her Attorney appeard 

Ordered that the same be continued till the 3 d day of the next Gen" 
Court by the consent of both Partys. 

John Wyer being calld to answer an Indietm' found ag" him by the 
Grand Jury last court & failing to appear 

Order'd that he be taken into Custody untill he hnd security to appear 
at the next Gen 11 Court to answer the Indictm' afs d 

John Hassell acknowledges himself indebted to our Sovereign Lord 
the King in the sum of one hundred pounds and Mott Casewell in the 
sum of fifty pounds to be levyed upon their Lands & Tenem" Goods & 
Chattells 

with Condition that if the s d John Hassell shall Personally appear at 
the next Gen e " Court & answer the Presentm 1 of the Grand Jury for 
Blasphemous words &c and not depart the Court untill discharged there- 



COLONIAL RECORDS. 371 



from and that in the mean time he be of his good behaviour then this 
Recognizance to be void or else the same to remain in full force and 
Vertue 

Thomas Luten Jun r & Sam" Phelps acknowledges themselves to be 
indebted to our Sovereign Lord the King in the sum of Ten pounds 
each to be levyed upon their Lands & Tenements goods & Chattells with 
Condition 

That if the said Tho" Luten do well behave himself to all his Maj' 8 
Liege people till the next Gen 11 Court then this Recognizance to be void 
else to remain in full force and Vertue. 

Adjourned to the Court in Course 

FFRED JONES Ch. Just. 



[From N. C. Letter Book op S. P. G.] 



MR. URMSTONE TO THE SECRETARY 

North Carolina Dec' 31 st 1719 
Sir 

Since my last of July per Via New York there occurs very little 
worth rehearsing, we need to say "bis repetita placent" but I find I may 
repeat Bill Millies the old story over again before I learn whether it 
pleases or not I can only tell you I am more miserable than ever & 
harder put to it to subsist myself and poor family than I used to be. I 
did intend since my letters are in vain, to have come over for England next 
spring, & to have made known my circumstances viva voce and if I had 
sped no better than my letters have done, I purposed to have sent for my 
family, and to have taught A B C in a garret and have tried to have got 
one of the many 5° curacies or readers places in at about London & 
doubted not but to have had more comfort and enjoyed myself better 
than ever I did here. It hath pleased God to take to himself my dear wife 
she died of very grief and discontent not to say want for truly of late 
we have lived very sorrily. It was irksome and uneasy enough to turn 
farmer or planter, but am grown so great a proficient, that if I had • 
slaves and barns with necessaries that must be had, I could improve my 
plantation raise stock and subsist myself & family very comfortably, but 
to cott as I must now do, will be more tedious to me, and create more 
trouble than all the rest. I have only a sorry wretch that I came by on 
the Ships accounted hath but a year and a half to servo, she knows noth- 



.",72 COLONIAL RECORDS. 



ing of household affairs and a notorious whore & thief, and yet prefera- 
able to any that can be hired here notwithstanding all her faults. 
She was bred a Trader in Spitlefields but followed the Musick Houses 
most & other vile courses which brought her to Bridewell and from thence 
transported hither. Except I can get a sober good woman into the 
house I cannot hold it any longer. I intend to send my two youngest 
children as a present to the Society hoping they will put them into some 
charity school or hospital!. Whereby they may be educated and provided 
for, when they come to age for I am not able to maintain them. My 
eldest is near twenty capable of helping me, but is bent upon going for 
England, so that you may guess what a rare housekeeper I am like to 
make with this sorry wench and a senseless dumb negro fellow. There 
is no boarding here, there is never a family that I know of that I would 
live in if they would hire me. My brother Taylor has had tryals of 
that, & has changed his habitations a dozen times since he came hither 
and wishes himself in South Carolina again. I can put no other con- 
struction upon the Society's not taking notice of me but that they will 
force me to leave their service & now you see I must do it, and yet con- 
sidering I am aged wanting but 3 of 60 years, I am not fond of leaving 
a pretty settlement and a warm country, to come and seek my bread in a 
cold starving country, and therefore once more beg the Society to put me 
in the way how to get negroes. 3 or 4 at least recommend me to some 
body at Barbadoes, or the other islands Virginia or New York who will 
take my bills & be just to me, or else will pay what is due to me at any 
of the places afores d I will continue where I am, I know nobodv I can 
trust all that I have ever dealt with me have cheated mo since my tedious 
and dangerous fit of sickness. I am grown very crazy and not able to 
to travel, so that I have not baptized many this last half year, Seven 
only in my neighborhood, 5 one in another Parish. The first long jour- 
ney I took since my sickness through weakness and bad roads, I was so 
fatigued that I desired to have my horse sent back & I hired a canoe and 
two negroes to carry me back I was soundly wet and got a great cold the 
passage cost me £20 so that besides loss of hvalth I was out of pocket, 
and scarce thanks for my pains. I have had many such Chapps, Its a 
common notion that I am obliged to serve the whoie country but I must 
disappoint them for the time to come With much ado i prevailed with 
my vestry to meet the first time in three years, they pretended to have 
collected for the two first years after the late Act took place they paid 
me in bills £79 for £100 alledging they could raise no more and for the 
two last .years ending this day they have promised mo £80 more and 



COLONIAL RECORDS. 373 



what they collect more is to pay a reader in the remote parts where I 
cannot attend as they say I ought to do every other Sunday which I 
neither can nor would be 'obliged to do for £50 per annum more. I must 
pay the Collector 2 or 3 per cent so that my income is of little value. 
They have entered a memorandum in their Vestry book that these £143 
due to me, on the former account but when or how it will ever be raised 
I know not for no man is liable to pay more than 5 s per poll every year 
and that you may see, will not raise the yearly allowance what must 
become of the arrears? In fine I find they are for keeping up the old 
custom to do what they list with Ministers. They matter not how poor we 
are, or how miserable we live, we shall be the first they cheat or overreach 
in their dealings. Ready enough to complain upon any supposed neg- 
lect and yet at the same time are not for coming to Church above once in a 
month or two and then they neither know nor care what they come 
about, very negligent and ignorant of their duty. I have administered 
the sacrament of the Lords Supper but twice these 5 years in public and 
as often to sick persons I pray you to let me know the sentiments of the 
Society in relation to this that I may begin to dispose of myself and 
family if so be they will not comply with my requests I wish I could 
sell my house and land at anything near the value I should not then be 
long in resolving what to do. I am Sir Yours &e 

JOHN URMSTONE 



1720. 

[From N. C. Letter Book op S. P. G.] 



M r URMSTONE TO THE SECRETARY 

Nokth Carolina Feb 15. 17f§ 
Sir 

I received from you a letter dated Xmas 17 th 1716 per Via Boston on 
the 7 th ins' wherein you say the Hon We Society at a general meeting Nov r 
16 th of the same year, resolved that I should have their leave to return to 
England : I wish yours had come to hand in due time, I hope theres some 
mistake in the date, & that I may be entitled to their bounty as in their 
.standing orders, relating to Missionaries page 56 and 16 I joyfully accept 
their leave for its worse with me than ever, having lost my poor wife 
who died last year Oct r 1 8 th without, any previous sickness, not many 



374 COLONIAL RECORDS. 



hours before her death, she declared before several of her neighbours 
that her heart was broken, through our ill usage and comfortless way of 
living; She prest me sore for divers years either to quit this wretched 
country or give her leave to go home with her children : I wish I had 
done either it might have pleased God to have continued her to me many 
years longer. I propose to take my passage in the next ship that I can 
hear of going from Virginia for England & therefore countermand my 
request to the Society in mine of the Ult° Dec r last year per via New 
York. I shall be a great sufferer by leaving this place & yet I would 
rather undergo that than suffer and get nothing. Whereas I hope to end 
my days with some comfort in my native country, if the Society will not 
be pleased to do something better for me. For I would rather be Vicar 
to the Bear Garden than Bishop of North Carolina These are from Sir, 
- Your Most humble St 

JOHN URMSTONE. 



[Council Journal.] 



22 Feb 1720 
At a Council held at the House of Co" Thomas Pollock February 22" 

Present the Honble Chas Eden Esq r Governor — Capt' Gen 1 & Admiral 
Thomas Pollock } 

Frederick Jones V Esq r Lords prop tra Dep tys 
Richard Sanderson J 

The Honble the Governor having had information that the Inhabitants 
of South Carolina had revolted from the Lords proprietors that they had 
turned out all their Officers appointed a New govern'r and taken the 
administration into their owne hands and hearing that Co" Christopher 
Gale was Just arrived from thence he ordered M r Lovick the Secretary to 
Attend him and desire him to wait on the Council to give them an accompt 
of the proceedings of that Government who accordingly came and this 
Board required that he would give them .accompts in writeing of what he 
knew of the Revolution in South Carolina and the causes of it. 

This Board haveing business of moment with the Surveyor General 

Its ordered that he attend the Board to morrow Morneing by Eleaven 
of the Clock at Co" Pollock house without fail 

Then this Board adjourned til tomorrow at Eleaven of the Clock in 
the forenoon 

Feb 2.'! J This Board being met again ut supra 



COLONIAL RECORDS. 375 



Co u Gale's Letter was produced writ to the Honble the Governor give- 
ing a pertieular accorupt of the Turne affairs in South Carolina upon 
which this Board came to a Resolution that an address should be pre- 
pared by the Secretary against the next sitting of the Council to assure 
the Lords proprietors that this Board utterly detests the proceedings of 
that province and that nothing shall be wanting in their power to prop- 
agate their Interest here and that they are intirely easy and satisfied under 
their Lordships Government and will airways use their utmost endeavours 
to maintain it. 

Infamation haveing been made to this Board by Captain John Grey 
and others that the Council of Yerginia have given orders to their Sur- 
veyors to lay out thirty thousand acres of Land on Moratock river be- 
ginning at Bridgers Creek and running up the river which Land being 
long since granted to the Inhabitants of this Goverment and this Board 
haveing duly weighed and Considered of the same and being well satis- 
fied it is not within the Controverted bounds but within the undoubted 
limits of this Government and Consented to by that of Verginia 

Its Ordered that the Surveyor General or his Sufficient Deputy attend 
those persons from Virginia to observe their motions and in a peaceable 
manner desire them to desist from their undertakings and in case they 
should not upon the surveyors remonstrating to them that they have no 
right or authority to take up or survey Lands in the bounds aforemen- 
tioned he Is then Commanded to apply himself to Cap* Grey who is to 
assist him with his Company to prevent their makeing any survey so 
contrary to the agreement made between this Goverment arid that of 
Verginia until the bounds be adjusted and its further ordered that the 
Secretary send orders to Cap' John Grey to have his Company in ready- 
ness 

By Order 

J LOVICK Sec* 



[Fkom Pollock's Letter Book.] 



Hon" Sir 

I was something surprised at the receipt of yours, not so much on 
account of their making a forcible entry, as upon their making of it at 
this Juncture ; but it is like some of their other proceedings. And I think 
strange that Co" Moseley is concerned in such an action, which he knows 
is so contrary to law, and I think to very little purpose. For one Jus- 
tice of the Peace upon complaint made to him, ought to go to the place 



376 COLONIAL RECORDS. 



where the forcible entry hath been made, and if he see cause may take 
sufficient power of the country with him, and remove the force if he find 
any forcible detainer, and commit the offenders. And if upon his going 
to the place he finds no forcible detainer, yet upon complaint as aforsaid 
he may inquire by a jury of the forcible entry, which being found upon 
indictment he may resize the land, and awacd restitution to the party 
ousted of possession. I believe the best way is to proceed""legally in the 
matter, for if your Honor in turning them out, should make any wrong 
step, they will be ready to make all the advantage they can of it; and 
may be it is with expectation of some such matter they proceed so at this 
time. So that I believe it may be best if Cap' Lovick act in the matter, 
he being tenant and ousted of possession. I have writ to him and 
desired him (to go having witnesses with him) and see to get possession, 
and if they forcibly keep him out, or turn him out when entered, or 
threaten to maim or do any bodily hurt to him, it will make also a forci- 
ble detainer : likewise whereof I hope Cap' Jones will take an inquest 
and if the jury find either a forcible entry or detainer, will award resti- 
tution to the party ousted of possession. 

As to Col. Cary's debt I have inquired in his concerns what I can. 
One M r Richardson, who is the Lords Proprietors' auditor or Receiver 
General of their concerns, hath administered, and pretends that he owned 
a great deal more to the Lords Proprietors than his estate will amount 
to ; and he is so slow than he neither brings Cary's estate to an appraize- 
ment or takes an inventory of it neither I doubt can he well make appear 
what he owed the Lords Proprietors. But I believe it was more a great 
deal than what his estate will pay. 

If you had sued for it for it here when he had an attorney, the Pro- 
prietors yet making no claim, I believe it might easily have been recov- 
ered, in our country bills : but am in great doubt now it is lost, for what 
is to be found of Cary's estate here is but very small, and his debt to the 
Lords Proprietors very great. Howsoever, if you send in your matters 
clear, as I writ to you before, I will endeavour what I can for you; as 
much as if it was mine own concern, but am in very little hopes of get- 
ting any thing. 

Or I believe it might be better if you make Col Moseley your Attor- 
ney. For he having been Col Cary's attorney before is the best 
acquainted with Cary's concerns of* any in the government. 
Sir vours 



COLONIAL RECORDS. 377 



[Council Journal.] 



Att a Council held at the Honble the Governers April the 4 th 1720 
Present the Honble Charles Eden Esq Captain General & Admiral 
Thomas Pollock \ 

William Reed ( „ T ds t> t» ™ tv> 

r>- u j a j VEsqrs. L ds Prop™ Dep' ys 

Kichard oanderson I ^ r r 

Frederick Jones J 

Read the petition of Edward Mackswine Shewing that Robert Molio- 
nes late of this Province Dec ed by his last will and Testament gave his 
Lands that he was possessed off after his wife's Decease to his sisters and 
their Heirs liveing in the Kingdom of Ireland the Petitioner being Eld- 
est son to one of the sisters afs d and Haveing Testimonials thereof ready 
to be produced he prays that a patent may be granted him for what 
Lands his Unkle dyed possessed of in North Carolina as Heir agreeable 
to the act of Assembly of this province no legal patents for the s d Lands 
haveing yet been granted thereon \ 

And this Board haveing perused the will of the s d Maloines and 
Examined the Testimonials of the petitioner and finding them to be as 
set forth in the petition 

Ordered that a patent Issue to the s d Mackswine as prayed for pursu- 
ant to the act of Assembly in that behalf made, 

John Arthers Petition was read Seting forth that he purchased a Tract 
of Land of James Wolsea Containing Six hundred and thirty Acres 
lying in Chowan at Spring Branch which Land was Lapsable tho 
unknowne to the petitioner when he brought the Same for want of Seat- 
ing and planting therefore prays a Lapse patent may be granted to him 
for the Same 

Ordered that the same be granted 

Read the Petition of Abraham Hobbs shewing that Benjaman Roberts 
in the year 1716 Obtained a patant for one hundred and Sixty six acres 
of Land lying near Lumerton which is become Lapsable for want of due 
seating and planting the same praying that a Lapse pattent may be 
granted him for the s d Land 

Ordered that a patent Issue out for the same as prayed 

Thomas Pollocks Esq ra Petition was read shewing that Lawrence Sar- 

son haveing obtained patents for Three Tracts of Land Viz' one Tract 

lying at the head of Ducks Creek Containing four hundred and Eighty 

eight acres and one lying on the head of M 1 ' Duckingfields land oontain- 

48 



37S COLONIAL RECORDS. 



ing one hundred and fifty acres and one lying in the fork of Cassia river 
Containing one hundred and Seaventy five Acres all which Land is become 
Lapseable for want of due Seating and planting the petitioner therefore 
prays Lapse patents may be granted to him for the s d Three Tracts of 
Land 

Ordered that the same be granted as prayd for 

Upon Petition of James Bell shewing that Edmund Chancy in the 
year 1714 Obtained a patent for five hundred and fifty three acres of 
Land lying in pasquotanke river at Knobbs Crook which is become 
Lapseable for want of due seating and planting praying that a Lapse 
may be granted to him for the s d Land 

Ordered that the same be granted as prayed for 

Read the petition of Richard Grey shewing that Elenor Attoway 
obtained a patent for a Tract of Land lying in perquimons which is 
become Lapsable for want of seating and planting praying that a Lapse 
patent may be granted to him for the same 

Ordered that a petition Issue as prayed 

The Petition of Thomas Penrise was read praying that a Lapse patent 
may be granted him for one hundred and sixty acres of Land lying in 
perquimons granted by patent in the year 1704 unto one Francis Prick- 
love and is become Lapseable for want of due seating and planting 

Ordered that the same be granted as prayed for 

Read the petition of John Norris Shewing That W m Jackson y" elder 
in the year 1696 obtained a patent for one hundred and Sixteen Acres of 
Land lying in pasquotanke which is become Lapsable for want of due 
seating and planting praying that a lapse patent may be granted to him 
for the same 

Ordered that the same be granted as prayed for 

The Petition of Samuel Northy Jun r was read praying that a Lapse 
patent may be granted to him for one hundred and eighty five acres of 
Land lying on Little river formerly granted by Patent to his Father and 
by him Elapsed for want of due seating and planting- 
Ordered that a patent Isue as prayed for 

Read the Petition of Samuel Woodward showing that William Duck- 
ingfield Esq r obtained a patents for Two Tracts of Land lying in Rock- 

ahock and Chowan River Containing each acres of Land neither 

of which have been seated and planted as the La we directs the petitioner 
therefor prays that a Lapse patent may be granted him for the Tracts of 
Land afsd 

Ordered that patents Issue to Samuel Woodward as prayed 



COLONIAL RECORDS. 379 



Read the Petition of George Durant shewing that he had lately lodged 
a warrant, with rights with M r James Wineright Depty survey' for a 
small Tract of Land after which y* said Wineright tooke a warrant and 
rights for another person for the s d Land and refused to survey the same 
for the petitioner 

Ordered that Mr James Wineright Deputy surveyor and s d Durant 
attend the next Board and that in the mean time survey' forbear laying 
ont the Land in Controversy 

M' Chief Justice Jones haveing made a motion to this Board repre- 
senting that several persons Inhabitants of this Goverment are Injured 
and put to very great hardships and Difficulty by reason of Coll Edward 
Moseley Suspension from pleading he haveing undertaken their business 
and haveing their papers in his hands 

Whereupon this Board unanimously agreed that the s d Moseley might 
have Liberty to plead and Speake to such matters only as he can make 
appear to M' Chief Justice he was actualy retained in before the sentance 
passed upon him by the General Court held in October 1719 

Upon Petition of James Castlebawe Shewing that he obtained a war- 
rant with rights from the Secretarys Office for six hundred and forty 
Acres of Land bearing date Octo the 28 th 1719 and Lodged the same 
with the Surveyor General and had his Certificate therefore notwithstand- 
ing which the survey 1 General refuses to make a returne of the survey 
prentending a prior Entry was with him for the s d Land by one Jonathan 
Stanley 

Ordered that the surveyor General forthwith make a returne of the s d 
Land for James Castlelawe as the Lawe directs in such Cases unless he 
can produce to this Board a Warrant with rights of a prior date for the 
Land afs d Granted to any other person 

Cap' John Hoyter a Chowan Idien haveing produced to this Board 
an order from the Honble the Governor directed to James Sitterson 
requireing him the s d Sitterson to pay to one Willowby an Indian Money 
due for an Indian Slave bought at Core Sound which order the s d Sitter- 
son not haveing Complied with 

Its Ordered that the s d James Sitterson attend this Board at the next 
Sitting without fail and that Willowby attend likewise 

Read the Petition of Co" Edward Moseley shewing that at the greneal 
Court held in Oct' 1 719 Judgment was entered that he should pay a fine 
of one hundred pounds, be incapable of bearing any office or place of 
Trust in this Goverment for three years and give Bond with sufficient 
Security in the Sum of Two hundred pounds for his good behaviour a 



3S0 COLONIAL RECORDS. 



year and a day which Judgement was given by ocasion of Certain words 
Spoken at Sandy Point which were uttered thro inadvertency heat and 
passion and farr from any such sinister designs as in the Judgement was 
suggested and when in Truth such words ought not to have been spoken 
or uttered and for which lie is praying that his Sentance might be remit- 
ted promiseing for the future to behave himself with the greatest Care 
and repect Imaginable 

Ordered that the Petition lye til the next Sitting of the Council for 
their further Consideration 

Read the Petition of Owen McKdaniel referred to the Next Council 

Complaint being made by John Hoyter Chief man of the Chowan 
Indians that several of the white people are continually intrudeing upon 
their Land and the same hath never been so determinatly bounded and 
asscertained pursuant to the grants made to them by the Government 

Its therefore ordered by this Board that all the several grants made by 
the Goverment be laid before Frederick Jones Esqr and that he deter- 
minatly and finaly lay out and Asscertaine the bounds for the s d Indians 
without any reguard to survey or grants made to any other claimers since 
the first Grants to those Indians 

The Governor haveing laid before this Board several Letters Deposi- 
tions and papers relateing to M r Ebenezar Taylor Deced concerning his 
Death and the disposal of his moneys and goods 

Which they haveing duely Considered of are of opinion that foul prac- 
tices have been used therein and Doe therefore desire and order that M r 
Chief Justice Jones make a very strict enquirey into that matter that the 
Offenders may be brought to speady Justice 

By Order 

J LOVICK Sectv 



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



MR. URMSTONE TO THE SECRETARY.— (Extract) 

North Carolina April 25 th 1720 
Mr. Taylor my fellow laborer after having tried many places in 
the country and endured much went last autumn to the other country 
where he was much wanted but meeting with no better usage at Bath- 
town the place he first set down in was for shifting as he had done here 
from place to place, * in his way to Choe Sound, the Southernmost set- 



COLONIAL RECORDS. 381 



tlnient in the Government went on Shore on Harbour Island which is 
not inhabited, about 30 miles from any inhabitants, in the mouth of 
Neuse River. Where after having been ten days and nights in an open 
boat he perished thro' cold last February ; there were some people on the 
island hunting for hogs, that had been placed there, who with those that 
went with him buried him, and then rifled his chests, and divided the 
spoils, and are not to be brought to any account. Some of them have 
been purged by oaths but that is of little force with a North Carolina 
Man (such executors a man must expect that dies here) Nay ! when alive 
and leaves the country, and leaves anything behind him, will fare little 
better, for upon my resolving to come home I treated with several about 
my plantation and was like to have been bubbled, It is hoped I shall leave 
it unsold, and then I may expect a blessed account of it, as well as the 
money that is due to me. This precinct owes me £243. 80£ ■ whereof 
was due last new years day, but as yet not paid me nor do I know when 
will, the rest has been due these 5 years but its pretended it cannot be 
raised without a new power additional to the act of Vestry which 
must be done by the Asssmbly ; which was to have met the first week in 
May next, but 1 understand it will be prorogued for reasons of state, I 
suppose to see the effect of the revolution in South Carolina, who have 
revolted from the Lord Proprietors & will own no power but that of the 
King: rather than come away before I have tried the utmost, I am wil- 
ling to stay though I hazard my health, another Summer, but come what 
will, I am resolved to Quit next Spring if God spare me life and health 
I shall continue to labour in this fruitless vineyard till then and I hope 
that my staying longer than I either care or am obliged will not be 
deemed a fault. The sober thinking part of the people which God knows 
are but few are very much dissatisfied, with my thoughts of leaving 
them quite destitute after having brought' the country into a little order. 
It will be a great grief to them say some, not to go to hearing and to 
enjoy the other rites of the Church as to have their children baptized 
&c. &c, and truly its a melancholy, dejecting thought but till better pro- 
vision be made and more regard to our function, there is no remedy, 
they are for trying to bring the generality of the Inhabitants, to make 
some new overtures, which you may be assured, I shall promote for the 
sake of our successors, but I do not expect they will be such as will de- 
tain me & cause me to alter my intentions, I should be glad to have a 
line or two from you could it come in less time than the last did, there 
are frequent opportunities to Boston in New England and the like from - 
hence hither, Except in the depth of winter — 



382 COLONIAL RECORDS. 



The Coll r There Mr Jekylle is my correspondant, and will take care 
of all letters to as well as from Sir your most humble Servant 

JOHN URMSTONE. 



[B. P. R. O. B. T Virginia. Vol. Gl— Extracts.] 



Virginia 



JOURNAL OF THE COUNCIL. 



At a Council held in the Capitol the 4 th day of May 1720. 

A Letter to the Governour from Coll Eden Governour of North 
Carolina, being read at the Board together with a scurrilous paper Enti- 
tuled An Account of a Conference with King Blunt Chief of the Tusca- 
rura Indians ; And it appearing by the said paper that the same hath 
been framed with design to throw unjust Reflections on the Government 
of this Dominion. It is ordered that the said Paper and Coll" Eden's 
letter be entered on the Council books that the same may remain as a 
Memorial to Posterity of the ingratitude of that Province for the gener- 
ous Assistance it has on sundry occasions received from this Government. 

The Governour having Communicated to the Council a Letter from 
Coll" James Moor pretending himself to be the Governor of South Car- 
olina by the choice of the people. And it not appearing by the said 
Letter that the people of South Carolina have acted by any lawfull 
Authority in the displacing of their former Governor and assuming to 
themselves the power of choosing another. It is the opinion of this 
Board that no Answer be returned to the said Letter. 



[From the Spotswood Letters. Vol. II. p. 336.] 

May ye 20 th 1720 
To the Board of Trade : 

My Lords: 

******** 

As to what yo'r Lord'ps are pleased to require in y'r Letter of the 7th 
of Aug'st, relating to the Boundarys of the Colony, and what Encroach- 
ments have been made thereon by the Subjects of any ftbreign Prince, I 
humbly take leave to inform Your Lord'ps that I find here a Charter 
granted by King James ye 1st, dated ye 23d of May, in the 7th year of 



COLONIAL RECORDS. 383 



his Reign, whereby there is given to the Company of Adventurers for ye 
Colony of Virginia, all that Tract of Land from Cape Comfort, two 
hundred Miles Northward along the Sea Coast, and extending from Sea 
to Sea, West and North West, w'ch w'll comprehend all that Tract from 
the Bounds of the Carolina Charter to some part of Pensilvania, and 
consequently include most of the Lakes and great part of the head 
Branches of Mississippi. In w'ch Space Westward of Us, I don't know 
that the French have yet any Settlements, nor that any other European 
Nation ever had, neither is it probable that the French, from their new 
Plantation, will be able in some Y'rs to reach the Southern Boundarys 
mentioned in the Charter of Virginia. As to any Encroachments from 
the Canada side, since the Grant of Pensilvania extends 5 Degrees 
Westw'd from Delaware River, if the ffrench have now any Settlem't on 
the Lake Ontario, it is probable these w'll fall within ye Limits of ye 
Pensilvania Charter, w'ch being of a later date than the ffrench Discov- 
erys in Canada, may admit of some dispute; but I am humbly of Opin- 
ion that the Charter Granted to the first Inhabitants of Virginia, being 
long before the French had any footing in America, may be justly insisted 
on to exclude them from any pretension to the Territory comprehended 
in that Grant. The greatest danger of Encroachm'ts is on the side of 
South Carolina; The ffrench Settlements on Mississippi being expressly 
within the Charter of that Province, and their apparent design being to 
extend themselves towards the Inhabited part of that Country, seeing the 
last Advices I have from thence say that the ffrench have formed a Set- 
tlement at ye Habbamalas, w'ch w'll greatly strengthen the people of 
Carolina in their Indian Trade, and may in time prove more dangerous 
to them in case of a Rupture w'th the Crown of France. This has so 
alarmed that Province that it is pretended to be the principal ground of 
that Revolution there, w'th w'ch, I presume, Yo'r Lord'ps are by this 
time fully acquainted ; and tho' I can't think Subjects are to be indulged 
in the practice of throwing off a Lawfull Authority and setting up a new 
frame of Government for themselves, and -for that Reason have declined 
answering the Letter Colo James Moor sent me notifying me of the Peo- 
ple's Election of him for their Governor. Yet if, (as they allege,) their 
Proprietors are unable or unwilling to protect them, it w'll deserve the 
attention of his Maj'ty's Ministers to preserve so considerable a Province 
from falling into the hands of a fforeign Power. 



:X4 COLONIAL RECORDS. 



[B. P. R. O. Shaftesbury Papers. Bdle. 48. No. 106.] 



Madam, 

The day your Ladyship went to Beachworth I was at Kensington to 
wait upon you; intending at the same time to inform you that we'have 
had a Proposal] made to us with respect to Carolina, of so much advan- 
tage to the Proprietors that my single share may amount to Thirty 
Thousand Pound. The Terms of Agreement your Ladysp : will find 
inclosed They are drawn into Form, and already signed by Lady Gran- 
ville for her son My Lord Carteret; by M r Bertie Guardian to the Duke 
of Beaufort; by M r Danton and my self. I expect opposition from 
some of the Ministry And since it has been rumour'd abroad that the 
Proprietors were upon some project of this sort I have had a message 
from Secretary Craggs to know upon what Terms we would part with 
our Interest in the Province. Before this was thus rumoured abroad, 
They took no notice of us, imagining to distress us, and make us part 
with it, for little or Nothing, to them. Then woud all the advantage be 
their own, either by disposing of the Province by Subscription, or by 
giving it up to the South Sea for ten times as much as they would allow 
the Proprietors whose Familys raised this Province to England. There's 
no doubt of our succeeding in case the Court favours us, or but let us 
alone. I have no reason to question your Ladysps interesting yourself 
in this matter if it were only a concern of mine; but I think it must 
needs be of more weight with those you apply to in case your Ladysp. 
can speak of it as a concern of your son and his family ; and to enable 
your Ladysp. to treat it as such, I doe assure yon I will give any Secur- 
ity that it shall be so If we can obtain what may be worth securing. I 
begg your Ladysp therefore that since we have a prospect of obtaining 
something soe considerable you would please to interceed with L d Stan- 
hope and others for their favour upon this occasion to my Nevew and his 
Family. And I propose to your Ladysp. whether it would not be proper 
to acquaint. Judge Eyre with the thing and desire his assistance in it. 
Your Ldsp. may observe the advantage likely to be made by the Gentle" 
concerned in the Bahama Islands ; and who have only a Lease from us 
are the Prop™ The Carolinas are a foundation for a much- greater thing, 
and are of ten times the value: And no man has a just title to anything 
if the Proprietors have not a Title to Carolina. We make no secret of 
our being in Treaty for Carolina, but we mention no particulars. 



COLONIAL RECORDS. 



■'.Wo 



Give me leave now Madame to make your Ladysp a request for. our 
Brother Proprietor Danton. He hay a mind to be concerned a thousand 
pound in the next subscription into the South Sea, He desires your 
Ladysp's reeomendation and gave me the enclosed List of Names. If 
your Ladysp have any acquaintance with any of the Gentlemen, he 
desires your Ladysp to request the favour of a thousand pound in the 
subscription for me. And I willingly lend him my name. If your Ladysp. 
think proper to make the request. He hopes to have your Ladysps 
Answer soon. 

I begg your Ladysp to present my humble service all good wishes to 
my Nevew ; and to my Cozen Fenwick and I am 

Madam your Ladys ps 

sincerely affectionate Brother 

and most obedient Humble Servant 

M. ASHLEY 
London June the 4 th 1720. 



[B. P. E. O. Shaftesbury Papers. Bdl. 48. No. 106.] 



Wednesday May 25 1720 
(No. 1 .) Agreed to. the unserveyd 
32. Baronys being given up by 
the Proprietors 



(No. 2.) Agreed to on both sides. 



1. The Proprietors to part with their 
Rights, Powers, &c. (except what 
they have already granted) in con- 
sideration of 250,000£ 

2. In case a Charter cannot be pro- 
cured to abate 20,000£ of the 
aforesaid sum. 

3. The Prop™ to be allowed a Lib- (No. 3) Agreed to 
erty to subscribe into the Joynt 

stock a share not exceeding A/ h 
part of the whole 

4. If the Province be disposed of All 
together. The Advantage over 
and above the purchase money 
paid to the Prop ra to be equally 
divided between the Prop" and 
Purchasers. 

5. If the Province be disposed of by 
subscription the Prop 18 to be al- 
lowed ^ rd part of the advantage. 
The purchasers two Thirds 



(No. 4) Agreed to 



(No. 5) Agreed 



49 



586 COLONIAL RECORDS. 



One Month to be allowed for tak- (Nos. 6. & 7 & 8.) Instead of these 

ing or refusing. Articles agreed that three 

If the Purchasers accept at the months be allowed for taking or 

months end, Then to pay down refusing 

in part of Paym 4 the sum of And that upon accepting 10,000£ 

10,000£. be paid down. 

The rest to be paid upon signing And that the rest be paid upon 

for which three months to be signing. 

allowed. 

The Lord Carteret Palatine and (No. 9.) Agreed 

the rest of the Prop 18 to be Partys 

in the Govern mt of the Province, 

and to be eight of the Managers 

of-the Company's aifairs during 

the term of three years 



[Fkom Pollock's Lettek Book.] 

Chowan July 15 th 1720 
Sir 

Yours of June 22 d is now before me : and I believe it will be very 
convenient to have the cows branded as you advise lest there should be 
some controversy about them : as for the sale of Lots in town ; I had a 
draught of the town of Mr Lawson's drawing, with most of the river 
lots laid out, with the account which of them were taken up and since 
you went from here have been at some pains in looking for it, but can 
not yet find it. Wherefore have enclosed a power of attorney to sell and 
dispose of lots, each of half an acre of land, at 20 shillings per lot ; to 
run the same length back from the river us those already laid out, that 
there may be no encroachment on the streets, and straight with the river 
lines of the other lots ; and none to be taken up between the lots already 
taken up and the dwelling house where the Doctor dwells, but on the 
other side of the lots taken up: and provided that if any person, having a 
lot, decease without any heirs, or disposing of it in his life time by will, 
sale, gift or any other ways that then it shall fall come and revert to me, 
my heirs, or assign: and also provided, that if they do not build or erect 
or cause to be builded or erected on each lot of half an acre aforesaid one 
habitable dwelling house not less than fifteen foot square, within eighteen 
months of the date of the conveyance ; that they shall forfeit their lot, 
and that it may lie free for ine, my heirs and assigns to let any other 
person have it. 



COLONIAL RECORDS. 387 



Also I am willing that each person that hath a lot may have suffi- 
cient estovers for building and fire wood upon any part of the land, until 
I lay out one hundred acres for a common, which I intend to do as soon 
as there is twenty lots settled. 

Also I am very willing to allow one acre of ground to be laid out for 
a church or Chapel, and court house in such convenient place as you an 
the people shall think most convenient, not encroaching upon no street. 

Also I shall be willing that any person, that settles a lot within eigh- 
teen months from the date hereof, shall have liberty to clear plant and 
tend three acres of woodland ground for five years next ensuing with 
this condition, that they shall not clear within a quarter of a mile of the 
dwelling where the Doctor now lives; and each person that clears to 
clear in one place adjoining one upon another, and that each shall leave 
it at the end of five years under good sufficient fence. As for Doctor 
Thomas ; to the best of my memory Col Brice informed me he was to 
take care of what orchard was there, and other things, and to leave it 
under good fence, and the house under good repair, and if he had taken 
any care to keep it in repair it could not have been in the condition you 
writ. Howsoever please to give me an account by your next, of the 
length breadth, and height, of the house, whether one story only or two 
stories high, and what you think will repair it and make it a good house ; 
and I shall expect something of the Doctor towards the reparation, but 
he shall find I shall not be out of reason with him ; otherwise, he must 
expect to be subpoenaid to chancery to answer it, and seeing he is intended 
to remove, I believe it would do well, if you could let it to some honest 
man. M r Metcalf hath writ to me thereanent; he is willing to take it 
but being altogether a stranger to me, I leave it to you. I would let 
them that take it have a third part of the increase of cattle, to be shared 
at the end of the lease, being five years, and one half of the increase of 
hogs to be shared when fitting to kill once in two years. And if you 
do let it, I would willingly put 10 sows and pigs and a boar, which if 
there come so much into your hands of mine, please to purchase; if not 
please to charge a not on me, and I will satisfy it. And if you meet 
with any honest man to let let the town to you may take the six pound 
that M' Graves owes in stock for them, either in Cows and Calves, or 
sows and pigs, as also 57 shillings which your father owes me for nine- 
teen quarts of rum your father had of mine from Henry Tyfles in the 
war times. 

As for the table and cupboards, you may make use of them. I believe 
I shall not differ in the price. 



388 COLONIAL RECORDS. 



Also ; having, before this, given orders to adara Moore to sell all the 
brock truck ? horses only leaving one of the best ; what is made of them, 
(if you get a tenant for the town) may be laid out in stock of hogs and 
cattle forthe town as aforesaid, as four pound three or four shillings, which 
he is to have of M r Jacob Miller; only reserving to himself for his 
own trouble. Also if you have any correspondence at Core Sound, I 
would entreat the favor of you to receive three pound of widow Stone 
which is due to me for the rent of Crany Island, Capt" Stone haven taken 
it of me last fall at that rent, having allowed me for what time he had it 
before 100 weight of cocoa. And if she do not keep it any longer, I 
understand that one Simpson that lives at coor Sound is willing to take 
it. If you understand that he is honest and industrious, please to let it 
to him on the same lay for hogs and cattle as at the town of New Berne : 
and that if he can purchase ten cows and calves there at the common 
price, and charge a not upon me, I will pay it either in bills or pitch ; 
and if he can contrive any shelter, as soon as I hear that he is settled I 
will send round nails, and satisfy any carpenter for building him a dwell- 
ing house. 

You did very well not to dislodge the palatines, and I should not 
desire the plank to be taken from them until they remove. 

I understand that Col. Brice had some of the plank. Please enquire 
about [it] 

I have only to request one favor more of you, which is if possible you 

can have a conveniency, not to neglect to send round to me the biggest 

pair of the mill-stones of mine that lay at the town; or; if not them 

the smallest pair, which will very much oblige 

Your — 
Sir 

As for the lots: if the divissions are not known, each person must pav 
for the laying out of his own lot : and the best way is to distinguish the 
lots beginning at those next to the dwellina;-hou^e, No 1 ; 2 ; 3 ; and so 
forth, or No a : b: e; et cot. 



T. I 



:> 



[B. P. R. <). K. T. Journals. Vol. 30. p. 352.] 



Whitehall, Thursday 15"' Sept. 1720. 
M r Boon Agent for Carolina and Col. Barnwell' attending acquainted 
the Board that upon some advertisements now published by Sir Robt. 
Montgomery they were apprehensive that some disputes might arise 



COLONIAL RECORDS. 389 



between the Officers or forces expected to be sent by His Majesty to that 
Province and such persons as Sir Robert may send to the Golden Islands 
one of which islands lies in the mouth of the river Alatamah which has 
been proposed to be secured whereupon their Lordships signified to those 
gentlemen that the government of Carolina being provisionally assurr'd 
to the Crown no power of government derived from the Lords Proprie- 
tors could at present interfere with his majesty's authority but that in 
this affair their proper application would be to the Lords Justices. 



[Council Journai,.] 



North Carolina — ss 

Att a Council held in the Towne in Mattercomack Creek the 4 th day 
of August Anno D ni 1720 

Present the Hon ble Charles Eden Esq r Governor et 

Thomas Pollock } 

William Reed ,, ,. Ti , te ^ 

ffrancis ffoster ( Esf l L P ro l ir De P ut - ys 

John Lovick J 

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

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

Ordered that the same be granted accordingly 

Adjourned to Saturday the 6 th of August 

August y" 6 th met again present as above together with Richard San- 
derson Esq* 

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



390 COLONIAL RECORDS. 



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

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

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

Ordered that the same be granted as prayed for 

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

Ordered that a Lapse patent doe Issue as prayed for 

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

Ordered that a Lapse patent Issue as prayed for 

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

Granted as prayed for 

Read the Petition of William Haughton Shewing That Francis Beas- 
Jey in the year 1717 sold the petitioner a Tract of land lying Yawpin 
and give him a ffrme Deed for the same which is acknowledged and reg- 
istered in Chowan Court and the petitioner has actualy and Bona fide 
paid for the same but sometime after the sale there ariseing a dispute 
wether the s d Beasloy could Lawfully sell the same upon which the s d 
Beasly to make the petitioner asy was at the Expense of getting a Writt 
of Escheat on the same and on the 2 d day of April 1719 by a jury there- 
unto Lawfully Swome was found to Escheat and that the right was in 
him the s d Beesly which inquissition is returned into the Secretary Office 
in order that a patent might have Issued on the same but before that 
would be obtained the s' 1 Beesly dyed now the petitioner haveing such 



COLONIAL RECORDS. 391 



right a-s is sett forth and the Ex ors to the s d Beesly and all persons con- 
cerned knowing the same and being desirous that a firme title to the s d 
Land should be made him he humbly prays the Escheat patent may be 
ordered to come out in the petitioners name all persons concerned being 
Consenting thereto 

Ordered that the Secretary make out y" patent in the s d W m Hough- 
tons Names as prayed for he paying the Compossition money thereof 

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

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

Upon Petition of Richard Winkfield setting forth that he purchased 
of one John Brice a survey for 250 Acres of Land lying in Hyde pre- 
cinct on head of Jones Creek which he hath continued the possession of 
for this 11 years past and paid Taxes and Quit rents for the same 
together with purchase money yet nevertheless the petitioner could never 
obtaine a patent for y" same by reason of a Caveat lodged in the Secre- 
tarys office by Co" Frederick Jones without any manner of reason for so 
doeing the petitioner therefore prays that the Secretary may notwith- 
standing the s d Caveat Issue a pattent on the survey afors d in his name 

Whereupon Co 11 Jones appeared and informed this Board that the 
Land mentioned by the Petitioner was part of survey that belonged to 
him which was Conniveingly taken out of his survey by the surveyor that 
laid out the same 

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

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

And this Board haveing duelv considered the same and it appeareing 
to be thro the negligence .of the surveyor that the s d Warrant was not- 
renewed. 



:]!>2 COLONIAL RECORDS. 



Ordered that the Secretary renew the s a Warrant and that the survey 1 
General or his Deputy survey the afors" Land for the s d George Durant 
as haveing lodged the first Warrant 

The Petition of Cornelius Fitzpatrick y e younger was read shewing 
that his Father Cornelius obtained a patent for 190 Acres lying in Ali- 
gator Creek which is lapsed for want of due seating and planting pray- 
ing a Lapse patent may be granted for the same 

Ordered that the same be granted as prayed for 

Thomas Taylor Marriner appeared before this Board upon a warrant 
from the Honble the Governor for his Assaulting and missuseing a negro 
man belonging to Co 11 Fred Jones without any manner of provocation 
which being fully proved against him by Two substantial Evidences 

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

Adjourned to Fryday the 12 th August 

Fryday 12 th met again present as before 

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

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

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

The Petition of Elizebeth Jones was read Shewing et 

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

.1. LOVICK Secretarv 



COLONIAL RECORDS. :!!)?, 



[B. P. R. O. B. T. South Carolina. Vol. 25. p. 31.] 



REPRESENTATION WITH A DRAUGHT OF INSTRUCTIONS 
FOR A GOVERNOR OF CAROLINA, APPOINTED 
BY THE KING AND RELATING TO THE 
STATE OF DEFENCE OF THAT PRO- 
VINCE AND OF NOVA SCOTIA. 

August 30 th 1720. 

To their Excell' the Lords Justices 
May it please your Exce Ilys 

Having in obedience to your Excellencies order in Council laid before 
your Excellencies the 16 th Instant the draught of a Commission for such 
Person as his Majesty shall think fit to appoint his Governor of Carolina, 
we now take leave to lay before you the Draught of Instructions for the 
said Governor together with the usual Instructions relating to the Acts 
of Trade and Navigation. 

And as your Excellencies were pleased to direct us to offer you our 
opinion concerning the proper measures necessary to be taken at this 
Juncture for y e Defence and security of the said Province, we have care- 
fully examined into the present condition thereof, and altho' we are at 
this time preparing a Representation to be laid before your Excellencies 
concerning the state of all the British Colonies on the continent of 
America to which we shall hereafter subjoin our thoughts concerning the 
Islands likewise, yet as this is a work which must naturally require much 
consideration, we thought we should not mispend your Excellencies time, 
if we so far anticipated our General Report as to lay hold of this occas- 
ion to give you our opinion concerning certain matters relating to Caro- 
lina and Nova Scotia the two Frontiers of the British Empire in America 
to the North and to the South, which being both of them at this time in 
the utmost disorder do naturally demand your Excellencies more imme- 
diate care and protection, reserving to ourselves nevertheless an opportu- 
nity of giving your Excell : our thoughts more at large concerning those 
two Provinces in the General Representation which we shall with all con- 
venient speed have the honour to lay before you. 

In our letter to your Excell: of the 16 th Instant which accompanied 

the Draught of a Commission for his Majesty's Governor of Carolina, 

We observed to your Excellencies that Carolina was at present divided 

into two different Provinces, and that it might in our Opinion be for his 

50 



394 COLONIAL RECORDS. 



Maj ty8 service to appoint a Lieutenant Governor of North Carolina sub- 
ject to such orders as he should from time to time receive from the Gov- 
ernor of South Carolina as his superior officer, and this we take the lib- 
erty now to repeat as a matter wherein no time should be lost; and your 
Excellencies will be pleased to observe, that in the Draught of the 
Instructions herewith sent your Excell : there is a Reference to the Com- 
mission and Instructions for the said Lieut : Governor of North Carolina. 

But considering the great disorder, this province at present labours 
under, that the People are unsettled, that they have lately shaken off the 
Proprietors Government, as incapable of affording them protection, that 
the Inhabitants are exposed to incursions of the Barbarous Indians, to 
the encroachments of their european neighbours and that the whole Prov- 
ince was lately in danger of being massacred by their own slaves, who 
are two numerous in proportion to the white men there; We do conceive 
it to be absolutely necessary for the preservation of this Colony that his 
Majesty should forthwith send four batalions of Foot thither at least, 
together with a considerable number of great guns, and proportionable 
quantity of warlike stores for the several Forts proposed by us to be 
built there, wherein we humbly conceive no time should be lost. 

What we have further to propose to your Excell : upon this occasion 
is that two great seals should forthwith be prepaired to be used in the two 
Provinces of South and North Carolina and Commissions for trying of 
Pirates in both the said Provinces. 

All, which is most humbly submitted 

WESTMORLAND 
Whitehall j. CHETWYND 

August 30 th 1720. OH A. COOKE 

P. DOCMINIQUE 
. MARTIN BLADEN. 



[B. P. R. O. South Carolina B. T. Vol. 1. A. 17.] 



MEMORIAL FROM M 1 ' BOONE AND BARNWELL, IN 
RELATION TO NORTH CAROLINA 

, /r . r , November 23 rd 1720. 

May it please your Lordships, 

Having received a letter from your Lordship's secretary directing us 
to attend your Lordships in order to give some Account of the bounds 
of North Carolina and the produce of the same, now to avoid aiy- mis- 



COLONIAL RECORDS. 395 



take that may happen in answering such questions as may be put to us, 
we thought it convenient to reduce to writing what we know of that 
province and if upon perusing the same your Lords"" find anything that 
wants explanation then we shall give the best answers we can to your 
Lords'" satisfaet" 

North Carolina was always part of Virginia untill the year 1667 when 
K. Charles y" 2 d granted it in favour of the Proprietors of Carolina and 
added it by his charter to that Province. For it was in that part that 
S' r Walter Raleigh's servants made their first settlement at a place called 
Roanoke. 

The North Boundary that seperates it from the west of Virginia is by 
the said Charter settled thus viz' A line beginning at the north end of 
Curratuck Inlett and so west to Wyanoke Creek in or about the latitude 
of :]C degrees and thirty minutes north latitude and soe in a due west 
line from thence to the south sea. The south and west bounds of North 
Carolina seperating it from South Carolina is the western or main branch 
of a large river falling into the Ocean att Cape Fear, and is Known by 
the name of Cape Fear River, all the lands lying to the south and west 
of the said river belonging to South Carolina. 

We are to observe to your Lordships that the bounds between North 
Carolina and Virginia were never well ascertained, for though there were 
Comm K appointed in the late reign about the year 1710 yet they neither 
could agree about the latitude, or about which was the reall Creek called 
Wyanoke, for those Indians called Wyanoak removing from place to 
place occasioned severall Creeks to be named after them — and the words 
of the charter that names the latitude in" or about rather puzzled the 
Commissioners then directed them, for North Carolina Corn" interpreted 
the words in their favour and so did the Virginians, and it was the opin- 
ion of most people that an arbitrary dicision of the dispute must be 
made by his Maj tjr Coll. Barnwell being about that time in North Caro- 
lina was made acquainted with the whole matter, being desired to be one 
of the Comm" but declined the same 

The south boundarys have also admitted of disputes for the Proprietors 
having in severall Com ons named only Cape Feare as the boundary with- 
out mentioning the river, has given opportunities to wiked persons trad- 
ing with the Indians in those parts, to declare they were under this or 
that Government as best suited with their views, but of late the Govern- 
ment of South Carolina have granted Lands as far ye River of Cape 
Fear. The Government of North Carolina vers' nearly represented that 



396 COLONIAL RECORDS. 



in Virginia, for they are divided into two Countys and 7 Precincts each 
having petty Courts and Jurisdictions with Appeals to the generall Court 
above certain values held by the Governor and Councill (and not as in 
South Carolina were the lives and fortunes of his Majesty's subjects in 
that whole province were subject to the arbitrary judgement of a single 
Person without any appeal but to himself.) 

Tho' there is a great quantity of good Land there and the Country 
very healthy, yet its situation renders it for ever uncapable of being a 
place of any consequence, for there lies a vast sound of 60 mile over 
between itandy 6 sea which break into the same thro' a chain of sand banks 
with barrs so shifting and shallow that sloops of 5 feet water runs great 
risqs, and if it sometimes happens that they have 8 or 10 feet water the 
next storm may alter it so, and perhaps in the very Chanell rise an island 
of sand as is really dreadfull and surprising This renders the place unca- 
pable of a Trade to great Brittain and what is carryed on is by small 
sloops from New England who brings them cloathing and Iron wear and 
exports Pork and Corn of late they made ab' 6000 barrells of pitch and 
tarre which the New England sloops carry first to New England and 
then to Great Brittain. 

The number of inhabitants we can't positively tell but their Tithables or 
those paying taxes are about 1600, they are most whites, having not 500 
blacks in the Government, and those in a few peoples hands, this place is 
the receptacle of all the vagaboims & runaways of the main land of Amer- 
ica for which reason and for their entertaining Pirates they are justly con- 
temned by their neighbours, for which reason and that they may be under 
good Governmen' and be made usefull to the rest of his Majesty's Collo- 
nys it would be proper to joyn the same again to Virginia All which is 
most humbly submitted to your Lordship's better judgment by your Lord- 
ship's 

Most obedient servant 

JOSEPH BOONE. 

JNO. BARNWELL. 



[Council Journal.] 



Att a council held at tho house of the Hon We the Governor Deeemb r 
the 8" Anno 17 '20 



COLONIAL RECORDS. 397 



Present 
The Hon bl8 Charles Edeii Esq 7 Governor Cap' General and Admiral 
Tho s Pollock 



tfred Jones l „ T d8 t n rWntv 

Rich d Sanderson ' ^ L P 10 * 3 De ? nt > 
John Lovick J 

Mathew Wolf Master of the sloop George together with Thomas Pre- 
deaux Master of the sloop Hopewell made their appearance who being 
Examined upon Oath declare Viz' Mathew Wolf saith 

That some time about the 18 th of October last he set away from Rhode 
Island in his sloop the George Bound to North Carolina and on his way 
meeting with contrary winds about the 20 th of November last for the sake 
of a Harbour he put into Virginia where he lay five days and that soon 
after this Exam' arrival there he waited on the Officers of the Customs 
at the port of Hampton to desire leave to lye while the winds Offered for 
the port he was bound toe which being granted this Exam' fell into dis- 
course with M r Henry Irvin the Naval Officer and whilst he was talking 
with him one Samuel Butler in a sloop from New England Bound like- 
wise to North Carolina in order to procure a License to Whale came also 
to the s d M 1 Irvin for leave to lye in the port til the wind offered and 
this Exam' further saith that he heard the s d Irvin tell the s d Butler that 
the Governor of North Carolina had no power to grant any Licenses for 
Whaleing but that the Governor of Virginia had the sole authority of 
Whaleing as far as Cape Fear and that all vessels ought to have their 
orders from him (meaning the Governor of Virginia) for Whaleing and 
advise the s d Butler to make a journey to the Governor of Virginia at 
Williamsburg to obtain Licence from him for fishing in North Carolina 
saying withal that if they ketched any Fish without the Governor of 
Verginia's orders if he found any of the Oyle or bone he would seize it 
which so Terrified the s d Butler that he was at a loss for some time what 
to doe in the business and that the s d Butler had discoursed with this 
Examina' about the same who advised him by all means to set away 
for Carolina assuring him that he believed the Governor there would not 
only grant him a License to whale but would Protect him likewise. 

MATHEW WOLFE 

And Thomas Predeaux haveing heard the afors d Examination read lo 
him saith that he heard the s" Mr Irvin declare the substance of what is 
sworne by the afors d Mathew Wolfe saveing that he understood M r Irvin 
when speaking of the Governor of North Carolina's Authority about 
whaleing that his words were (that he did not know by what authority 



398 COLONIAL RECORDS. 



the s d Governor granted Licences and that when he mentioned the seiz- 
ing the Oyle and bone if they whaled without the Governor of Verginia's 
Authority he understood him the s d Irvin that he would send and seize it 

THOMAS PREDEAUX 

Which Examination haveing been duly Considered by this Board and 
the ill Consequences of such threats to the Trade and Wellfare of the 
Government Its there desire that the Governor would Transmit the above 
Examination home to the Lords proprietors praying their Lordps to let 
them know their Sentiment of such useage 
By Order 

J. LOVICK Secretary 



[Records op General Court.] 



North Carolina — ss. 

At a Gen" Court of Oyer & Terminer held for the s d Province at the 
Gen 11 Court House at Queen Ann's Creek in Chowan Precinct the 31 s ' 
March 1720 & continued by adjourn m' to the 2" day of April Following 

Present Fredrick Jones Esq r Chief Justice 
Jn° Blount ) 

Jn° Palin I „ T . 

Jam' Beazley f Esq" Jnsti«* 

Tho s Pollock Jim* J 

The Grand Jury are Impannelled & Sworn 

Tho s Betterly fforeman 

Tho 8 Rountree Hen rjr Clayton Edw d Wingate, Tho s Blitchendon, Jn° 
Jordan, Jam 8 Williamson, W m Downing, Jn° Williams, Tho 8 Jernigan, 
Isaac Hill, Jn° Worsland Lar 8 Thomas, Edw d Howcott, Martin ffrank, 
Sam" Pagett, Tho 8 Garrett, Tho 8 Hoskins, Tho 8 Matthews Rob' Lanier 
Tho 8 Masters 

Upon the Return of the Grand Jury they present the following In- 
dictm' : 

To the Hon"" Frederick Jones Esq r Cli : Justice and to the rest of the 
Justices for holding the Gen" Court of North Carolina. 

The Jurors for our Sovereign Lord the King present Magdalen Collar 
als Dick Collar als Coliar of the Precinct of Chowan in the County of 
Albemarle in the province ufs* with malice prepensed by force & Amies 
iv against the Peace of our Sovereign Lord the King that now is she did 
murder and privately bury and conceal the death of a Bastard Child 
which she brought forth and was delivered of. 



COLONIAL RECORDS. 399 



For that the s 4 Madalin Collar als Diet Collard als Colliar on the four 
& twentieth day of Nov r 1719 at night was privately delivered of a Bas- 
tard child born alive and the next morning being the five and twentieth 
day of Nov r afs d did bury the s d Child by force & arraes &c against the 
Peace &c and against the Royall Crown & Dignity & against the Laws 
& Statutes in such behalf made & provided &c 

DAN" RICHARDSON P Duo Rege 
Billa Vera 

THO s BETTERLY fforeman 

To which Indictm' the s d Madalin Colliar being calld appeared in 
Custody at the Barr & Pleaded not Guilty & for Tryall putt herself 
upon the Country which is referred till tomorrow morning 

Jn° Relf acknowledges himself to be indebted to our Sovereign Lord the 
King in the sum of thirty pounds to be levyed upon his lands & tenem*" 
goods & Chattells with condition that if the said Jn° Relf shall appear 
here the 3 d day of the next Gen 11 Court and answer the Complaint of 
M r Edm d Gale and not depart the Court untill discharged therefrom 
then this Recognizance to be void else to stand and be in full force 

Adjourned till tomorrow morning ten a clock ffriday April y e 1st 1720 
Mett according to adjournm' Pres' as before 

Read the Indictm' found by the Grand Jury Yesterday ag st Magdalin 
Colliar to which she had pleaded and being Calld appeard in Custody 
at the Barr. Then it was comanded the Marshall that he should cause 
to com Twelve & c by whome & c who neither &c And there came Henry 
Speller Hen 17 Bonner Patrick Waule, Tho s Luten Jun r Tho 8 Paris ffra s 
Branch, Wm Bonnor, Wm Haughton Lewis Skinner, W m Haveth Jn° 
ffalconar & Tho 8 Yates who to speak the truth of and upon the premises 
Chosen tryed & sworne say upon their oath That she is Guilty of the 
murder by which she stands Indicted 

Judgem' to be hangd 

Then the Jurors being asked what goods & chattells the s d Magdalin 
Colliar had at the time she comitted the murder answered none that they 
knew of. 

The court adjourned till tomorrow morning Ten a Clock 

Satturday Ap" y e 2 d 1720 

The Court mett according to adjournm' Pres' as before 
The Grand Jury present the following presentm' to the Court 
Jn° Blount Esq 1 one of the Majestrate for holding the Gen 11 Court for 
the said Province Informs the Grand Jury that on or about the first day 
of ffeb ry last past & severall times after one Jeremiah Vail of the Pre- 



400 COLONIAL RECORDS. 



cinct of Chowan in the County of albeniarle in the afores 4 Province 
Mariner ag Bt the Peace of Sovereign Lord the King that now is did utter 
and speak divers scandalous false & abusive words to & ag 8 ' him being then 
Majestrate as abovesaid to the great scandall & discouragem* of the same 
Province Viz : That he had perfidiously told the Court (meaning the 
last Gen 11 Court of which he was then a member & in which he then satt 
as a Justice & member thereof a parcel 1 of Lyes ag st him the s a Vail & 
that severall of the members (meaning the other Justices then sitting 
with him) would Testify & that the words befores d or words to the same 
effect was vehemently charged on him by the s d Vail. 

Thomas Better] y Informs the Grand Jury that on the 16 th day of this 
Ins' March being at the Dwelling House of Rich d Grills lately Deceasd 
Tho 3 Bray did then & there out of a Malicious & Evil Intention with 
force & amies Clubbs &° did assault the s d Tho s Betterly & did beat 
bruise & Evil Intreat & did then & there threaten to kill the said Bet- 
terley & Villify him by calling him a rogue & a rascally Justice of the 
Peace thereby reflecting upon the Governm' the s d Betterley being then 
a Justice of the Peace for the Precinct of Chowan. 

Thomas Rountree Inforraeth the Grand Jury that upon the 10 th day 
of ffeb ry last past Jam* ffleming did very much approach the s d Tho s 
Rountree of Injustice the s d Tho s Rountree being then a Justice of the 
Peace for the Precinct of Chowan the s d Jam s ffleming did say that the 
s d Thomas Rountree would give Judgm' any way y' he the s d Rountree 
had the most mind it should go lett it be right or wrong & did very 
much threaten and abuse the s d Rountree & did severall times Ride ag 8t 
the s d Rountree as he was riding upon the Road to beat him the s d 
Rountree out of the Road & would not lett him the said Rountree pass 
quietly about his business. 

Levi Cressy Informs the Grand Jury that W m Smith Overseer of the 
highways from Grace Cartwrights Creek to the Wid" Davis's Creek hath 
not mended & made the Roads according to an act of Assembly made 
and provided for the making mending & Repairing of Roads ct High- 
ways 

Thomas Swann Informed the Jury that Jn° Pelf* Edw d ttaircloth Over- 
seer of the highways from Arrouns Creek to the Indian Town over to 
the branch of Currvtuek hath not mended & made the Roads according 
to an Act of Assscmbly made & provided for the making mending and 
repairing Roads Bridges or Highways 

The Grand Jury presents Jn° Hassell of Chowan Precinct for speak- 
ing prophane & Irreverent words to the Great Scandall of the Christian 



COLONIAL RECORDS. 401 



Religion and to the dishonour of Almighty God himself (to-witt on 
March the 13 th 1718 

They also present Jn° Hassell for cohabiting with Sarah Wilkison not- 
withstanding severall Orders of this Court to the Contrary. 

W m Alexander Collector of Currytuck for forgery for Endeavouring 
to prove the Will of Rich d Sanderson Esq' late of Currytuck Dec d at 
Currytuck afs d on or about the 29 th day of July 1719 

David Ambross for retailing Liquors without License at Chowan about 
the 28 th Dec r last 

ffrancis Branch of Chowan Precinct for selling Hum by Retail with- 
out Licence at Chowan on or about the 18 th March last 

W m Charleton Esq 1 Sen r for being drunk yesterday & for swearing 
four times & cursing 

W m ifryley for being Drunk & swearing 

Henry Lysle for being Drunk & swearing 

Joseph Young for being Drunk & swearing & cursing the Grand 
Jury 

Louis Monlier for swearing four oaths 

Tho s Swann for being Drunk 

Maj r Jn° Plowman for being Drunk & Swearing 

Jn° Urmstone Missionary for being Drunk 

Robert Barnes & Jn° Price of Pequimans Precinct for Conveying 
away Charles Wilks to Evade being presented dn a Presentm' ag" him 
for Lewd Living 

Martin Cromen for swearing ten oaths. 

Patrick Eggerton for swearing 2 oaths 

Christopher Butler for swearing one Oath. 

James ffarlow for being Drunk 

The Grand Jury bein askd by the Court if they had any presents 
further to offer answered No. 

Orderd that they be Discharged 

Orderd that the Attorney Gen 11 have Copys of the Grand Jurys Pre- 
sentments forthwith. 

Orderd that process do issue out ag at the Persons Presented by the 
Grand Jury so as to compell them to appear &c the 3d day of the next 
Gen 11 Court, and also supena's for the Informers & Evidences to prose- 
cute 

Dan" Richardson Esq r Attorney Gen" comes to Prosecute an Informa- 
tion of the Grand Jury las' Court ag st John Hassell and for Insufficiency 
in the Indictm' the same is Quashd 
51 



402 COLONIAL RECORDS. 



Dan" Richardson Esq 1 Attorney Gen 11 comes to prosecute an informa- 
tion of the Grand Jury last Court ag" Cha s Wilks and upon Motion of 
the DeP by Tho s Henman his Attorney the same is Cont d till next Court 

Dan 11 Richardson Esq* Attorney Gen" comes to 'prosecute an Informa- 
tion of the Grand Jury ag Bt Mary Brinn And upon Motion of the s d 
Mary by Tho" Henman her Attorney the same is cont d till next Court 

Dan 11 Richardson Esq r Attorney Gen" comes to prosecute an Informa- 
tion of the Grand Jury ag Bt John Wyer and the s a John being since 
dead the same is Quashd 

Dan" Richardson Esq 1 Attorney Gen" comes to prosecute an Informa- 
tion of the Grand Jury ag st W m Branch, for Retailing Liquors & selling 
victuals contrary to Law and the same not being proved ag Bt him Ordered 
that he be Dismist 

Dan 11 Richardson Esq 1 Attorney Gen 11 comes to prosecute an Informa- 
tion of the Grand Jury ag st John White Sen r and upon motiop of the 
Attorney Gen 11 the same is con d till next Court to Provide the Kings 
Evidence 

Benj n Spivey acknowledges himselves to be Indebted to our Sovereign 
Lord the King in the sum of fifty Pounds to be Levy'd upon Levy'd 
upon his Lands & Tenem te Goods & Chattells with Condition that he 
appear here the 3 d day of next Gen 11 Court and answer to all such matters 
& things as shall be alleadged against him relating to hogstealing and not 
depart the Court untill discharged therefrom. 

Jacob Spivey acknowledges himself to be Indebted to our Sover- 
eign Lord the King in the sum of ffifty pounds to be Leveyed upon 
his Lands & Tenements goods & chattells with condition that he appear 
here the 3 d day of the next Gen 11 Court and Answer to all such matters 
& things as shall be alleadged ag st him relating to hogstealing and not 
to depart therefrom untill discharged by the Court 

Benj n & Jacob Spivy acknowledge themselves to be indebted to our 
Sovereign Lord the King in the sum of ffive pounds each to be levyed 
upon their Land & Tenements Goods & Chattells with* condition that 
they appear here the third day of the next Gen" Court & answer to the 
Presentm' of the Grand Jury for breaking the Sabbath and not depart 
the Court untill discharged therefrom 

Adjourned to the 3 d day of the next Gen" Court 

FFRD. JONES Ch. Just, 

North Carolina — ss 

Att a Gen 11 Court of Oyer & Terminer continued and held for the s d 
Province at the Gen" Court House in Chowan Precinct the 28 July 1720 



COLONIAL RECORDS. 403 



Present Jn° Blount ") 

Jn° Worley I Eq rs 
R' West J 

Charles Wilks being call'd to answer a Presentment of the Grand 
Jury for living in open adultery fail'd to appear & Tho s Henman offerd 
to appear & plead as his Attorney the Court will not admitt thereof. 
Upon motion of the Attorney Gen 11 Orderd that further process do issue 
to compell him to answer the s d Presentm' at the next Court 

Mary Brinn being call'd to answer a presentm' of the Grand Jury for 
keeping Company with Cha 8 Wilks fail'd to appear Thomas Henman 
offor'd to appear and plead as her attorney the Court will not admitt 
thereof. Upon motion of the Attorney Gen 11 Order'd that further pro- 
cess do issue out against the s d Mary Brinn to compell her to appear &" 
at the next Court 

John White Sen r being call'd to answer a presentm' of the Grand Jury for 
selling Liquor without Lycenee fail'd to appear. Upon motion of the 
Attorney Gen 11 Order'd that further process do issue to compell him to 
appear &° at the next Court 

Thomas Spivy being call'd to answer a presentm' of the Grand Jury 
for hog stealing fail'd to appear Upon motion of the Attorney Gen 11 
Order'd that further process do issue to compell him to appear &c at the 
next Court. 

Abraham Spivy being call'd to answer a Presentm' of the Grand Jury 
for Hoggstealing fail'd to appear, Upon motion of the Attorney Gen" 
Order'd further process do issue to compell him to appear &° at the next 
Court. 

Benj n Spivy being call'd to answer a Presentm' of the Grand Jury 
for Hoggstealing appear'd according to his Recognizance last Court Upon 
motion of the Attorney Gen 11 Order'd that he be continued upon the 
same Recognizance to answer at the next Court with which the s d Benj n 
is Content 

Jacob Spivy being call'd to answer a Presentm' of the Grand Jury for 
Hoggstealing appear'd according to his Recognizance last Court Upon 
motion of the Attorney Gen 11 Order'd that he be continued upon the same 
Recognizance to answer at the next Court with which the s d Jacob is 
Content 

Abraham Spivy being call'd to answer a Presentm' of the Grand Jury 
for mismarking hoggs fail'd to appear Upon motion of the Attorney 
Gen" Order'd that further process do issue to Compell him to appear & c 
at the next Court. 



404 COLONIAL RECORDS. 



Thomas Spivy being calld to answer a Presentm' of the Grand Jury 
for breaking the Sabbath appeard and acknowledged himself to be 
Indebted to our Sovereign Lord the King in the sum of ffive Pounds to 
be levyd upon his Land & tenem" goods and chattells with condition 
that he appear &c at the next Court. Jacob Spivy being calld to answer 
Presentm* 8 of the Grand jury for breaking the Sabbath appeard according 
to his Recognizance last Court. Upon motion of the Attorney Gen 11 
Orderd that he be continued upon the same Recognizance to appear at 
the next Court with which the s d Jacob is content 

Benj 11 Spivy being called to answer a Presentm' of the-Grahd Jury for 
breaking the sabbath appeard according to his Recognizance last Court 
Upon motion of the Attorney Gen" Orderd that he be continued upon 
the same Recognizance to appear and answer at the next Court with 
which the said Benj n is Content 

Abraham Spivy being calld to answer a presentm* of the Grand Jury 
for breaking the Sabbath faild to appear Upon Upon motion of the 
Attorney Gen 11 Orderd that further process do issue ag st him for his 
appearance here at the next Court 

Hen ry Pendleton being called to answer a Presentm' of the Grand 
Jury for breaking the Sabbath failed to appear Upon motion of the 
Attorney Gen 11 Orderd y' farther process do issue ag st him for his appear- 
ance at the next Court. 

Eman" Low being calld to answer a Presentm' of the Grand Jury for 
breaking the Sabbath faild to appear Upon motion of the Attorney Gen" 
Orderd y' further process do issue ag st him for his appearance at the next 
Court 

Benj" West being calld to answer a Presentm' of the Grand Jury for 
breaking the Sabbath, failed to appear Upon motion of the Attorney 
Gen 11 Orderd y' farther process do issue ags' him for his appearance at 
the next Court. 

Jeremiah Vail being called to answer a Presentm' of the Grand Jury 
for abusing John Blount Esq r one of the Justices of this Court appeard 
upon motion of the Attorney Gen" Orderd that the said Jeremiah be 
taken & be in Custody of the Marshall till he enter into Recognizance 
to appear here the 3 11 day of the next Court and answer the said Pre- 
sentm' & be of his good behaviour in the mean time. 

Thomas Bray being call'd to answer a Presentm' of the Grand Jury 
for abusing Thomas Betterley Esq r a Justice of the Peace for Chowan 
Precinct appeard Upon motion of the Attorney Gen" & by the Opinion 
it Consent of the Court a nolle prosequi is Orderd theroii 



COLONIAL RECORDS. 405 



James ff leming being calld to answer a Presentm* of the Grand Jury 
for abusing Tho" Rountree Esq 1 a Justice of the Peace for Chowan 
Precinct fail'd to appear Upon motion of the Attorney Gen 11 order, y' 
further process do issue ag Bt him to appear at the next Court and be of his 
good behaviour in the mean time 

W m Smith being calld to answer a Presentm' of the Grand Jury for 
not mending and repairing the Highways faild to appear. Upon mo- 
tion of the Attorney Gen" Orderd that further process do issue ag 8 ' him 
for his appearance at the next Court. 

John Hassell being calld to answer a Presentm' of the Grand Jury for 
speaking prophane words faild to appear Upon motion of the Attorney 
Gen" Orderd that further process do issue ag"' him' for his appearance here 
at the next Court 

John Relf & Edward ffaircloth being calld to answer a Presentm' of 
the Grand Jury for not repairing the roads failed to appear Upon mo- 
tion of the Attorney Gen 11 Orderd y' further process do issue ag st him for 
his appearance here at the next Court 

W m Alexander being calld to answer a Presentm' of the Grand Jury 
for forgery faild to appear Upon motion of the Attorney Gen" Orderd 
that further process do issue ag 8 ' him for his appearance here at the next 
Court 

David Ambross being calld to answer a presentm* of the Grand Jury 
for retailing Liquor without Lycence appeard and acknowledged himself 
to be Indebted to our Sovereign Lord the King in the sum of Tenn pounds 
to be levyd upon his Lands & Tenem"; Goods & Chattells with condition 
that he appear here at the next Court and answer the s d Presentm* 

ffrancis Branch being calld upon to answer Presentm' of the Grand 
Jury for retailing Liquor without Lycence appeard and acknowledged 
himself to be indebted to our Sovereign Lord the King in the sum of 
Tenn pounds to be levy'd upon his lands & Tenem' s Goods & Chattells 
with Condition y' he appear here at the next Court to answer the s d Pre- 
sentment 

Robert Barnes being called to answer a Presentm* of the Grand Jury 
for conveying away Charles Wilks presented by the Grand Jury for liv- 
ing in open Adultery appeared and acknowledged himself indebted to 
our Sovereign Lord the King in the sum of one hundred pounds and 
Tho s Blitchendon in the like sum of one hundred pounds with condition 
that the s d Rob' Barnes appear here at the next Court and answer the s* 
Presentm' and be of his good behaviour in the mean time 



406 COLONIAL RECORDS. 



■ Jn° Price being called to answer a Presentm' of the Grand Jury for 
conveying away Cha s Wilks presented by the Grand Jury for living in 
open Adultery appeared and acknowledged himself to be indebted to our 
Sovereign Lord the King in the sum of one hundred pounds and. Thomas 
Blitchendon in the like sum of one hundred pounds with condition that 
the s a John Price appear here at y e next Court to answer the s d presentm' 
and be of his good behaviour in the mean time 

Dan" McDaniel & Robert Attkins being bound by Recognizance to 
appear at this Court being called they failed to appear. Upon motion 
of the Attorney Gen 11 Ordered that process do issue against the same 

Caleb Spephens being bound to appear at this Court appeared and 
acknowledged himself to be indebted to our Sovereign Lord the King in 
the sum of twenty pounds to be Levyed upon his Lands & Tenem" goods 
and Chattells with condition that he appear here at the next Court and 
answer to the complaint of Archab 3 campbell for felloniously taking away 
the boxes or knaves of a pair of cartwheels belonging to Archab d Camp- 
bell. 

Paul Palmer being called to answer for suspicion of ffelloniously take- 
ing a negro man named Sambo with divers goods the estate of Nicho 1 
Crisp, Appeared, Upon motion of the Attorney General Ordered that he 
be continued in Custody of the marshall he refusing to enter into Recog- 
nizance to appear at the next Court and answer the same 

Joseph Darden being charged with uttering fforged Bills of this Pro- 
vince was Orderd by this Court to appear here and give sufficient proofs 
how he came by the same Appeared and having fully satisfyd the Court 
of the same is Discharged therefrom paying Costs 

Joseph Jessop being bound to appear at this Court to answer his abuse 
to a constable in the Execution of his office Appeared 

Upon, motion of the Attorney Gen 11 Orderd that he be in Custody of 
the Marshall till he enter into Recognizance to appear at the next Court 
& answer the same 

Joseph Jessop being bound to appear at y s Court to answer for Rescue 
by him made Appeard Upon motion of the Attorney Gen" Orderd that 
he be in Custody of the Marshall till he enter into Recognizance to 
appear here at the next Court and answer the same. 

Jn° Relf being bound by Recognizance to appear at this Court to 
answer the complaint of M r Edm d Gale appeard Upon motion of the 
Attorney Gen" and by consent of thes d Relf Orderd that he be continued 
upon the same Recognisance till next Court 



COLONIAL RECORDS. 407 



W m Braswell being bound by Recognizance to appear at this Court to 
answer his abuse to a constable in the execution of his office Appeard. 
Upon motion of the Attorney Gen 11 Orderd that he be in Custody of the 
Marshall till he enter into Recognizance to appear & answer at the next 
Court the s d complaint and that he be of his good behaviour in the mean 
time. 

Thomas Stoneham being bound by Recognizance to appear at this 
Court to answer his abuse to a Constable in the Execution of his office, 
Appeard, Upon motion of the Attorney Gen 11 Orderd that he be in cus- 
tody of the Marshall till he enter into Recognizance to appear and anwer 
the same at the next Court and that in the meantime he be of his good 
behaviour. 

Jn° Birkett Sen 1 and Jn° Birkett Jun r Appeard in Custody by a pro- 
cess from Tho s Rountree Esq 1 a Justice of the Peace for Chowan Precinct 
on a complaint of Jenkin Williams for Trespass & iforcible Entry by 
y m made on the plantation of the s d Jenkin Williams 

Orderd that the s d Jn° Birkett Sen 1 & Jn° Birkett Jun r be in Custody 
of the Marshall till they enter into Recognizance with two sufficient secu- 
ritys in the sum of five hundred pounds to appear at the next Court to 
answer the s d Complaint & that in the meantime they be of their good 
behaviour 

Jn° Birkett Jun r appeard in Custody by a Precept from Thomas Roun- 
tree Esq r a Justice of the Peace for Chowan Precinct on a complaint of 
Jenkin Williams for a Trespass & fforcible Entry by him made on the 
plantation of the Jenkin Williams. Orderd y' the s d John Birkett be 
in Custody of the Marshall till he enter into Recognizance with two suf- 
ficient securitys in the sum of ffive hundred pounds to appear at the next 
Court and answer y' s d Complaint & y* in the meantime he be of his good 
behaviour 

Orderd y* Martin ifred k Razom be taken into Custody till he give 
security to be of his good behaviour till next Court for his misbehaviour 
in this Court 

Martin ffred k Razom & Arthur Dugall acknowledge themselves to be 
indebted to our Sovereign Lord the King in the sum of twenty pounds 
each to be Levyed upon their Lands & Tenements goods & Chattells with 
Condition that the s d Martin ffred k Razom appear here at the next Court 
and that in, the mean time he be of his good behaviour. 

Adjourned to the Court, in Course. 



408 COLONIAL RECORDS. 



North Carolina ss. 

At a Gen" Court of Oyer & Terminer held & Continued for the s d 
Province at the General Court House at Queen Ann's Creek in Chowan 
Precinct the 1 st day of November 1720 Cont d to the 3 d 

Present ffredrick Jones Esq r Ch. Justice Jn° Blount Jn° Worley & 
Robert West Esq' 

The Court being opend adjournd till to-morrow morning eight a clock 

Nov 2 d The Court mett according to adjournmn' present as above. 

The Grand Jury are Impannelld & Sworn. 
Nic s Crisp fforeman 

Tho 8 Rountree Tho s Luten, ffra s Branch W m Stewart, Hen : Bonner, 
Tho' Matthews, W m Charleton, Lau s Sarson, Nic s Hunter, Hen 1 * Clay- 
ton, Sam 11 Pagett, Jam 8 Peek, Jam 8 ffarlow, Tho 8 Yates, Geo Turnedge. 

Adjourned till tomorrow morning 8 a clock 

Thursday Nov r 3 d . The Court mett according to adjournal'. Pres' as 
above 

The Jurors for our Sovereign Lord the King upon their oath do pre- 
sent that Thomas Stoneeham of the Precinct of Chowan in the Province 
afs d Planter did on or about the 1 st day of Apr" 1720 at Chowan afs d by 
force & Amies violently threaten kick and otherwise abuse one Richard 
Washington then & there a Constable in the Execution of his Office & 
other Inormitys to him the s d Richard Washington did then and there do 
with like force & Armes ag 8 ' the Peace of our Sovereign Lord the King 
his Crown & Dignity & c 

Billa Vera NK? CRISP fforeman 

The Jurors for our Sovereign Lord the King on their oaths do Present 
That W m Braswell of the Precinct of Chowan in the Province afs d Planter 
did on or about the 1 st day of Aprill 1720 at Chowan afs d by force & 
Armes kick & otherwise abuse one Richard Washington y n & there a Con- 
stable in the Execution of his office & other Inormitys to him the s d 
Richard Washington did then and there do with like force and Armes 
ag 8 ' the Peace of our Sovereign Lord the King his Crown Dignity &° 

Billa Vera NIC 8 CRISP foreman 

The Jurors for our Sovereign Lord the King on their oaths do present 
that Caleb Stephins of Chowan Precinct Planter on the 29 th day of ffeb r 
at Chowan afs d did by force & armes &" one pair of boxes or knaves to 
the Value of fforty Shillings Clandestinely or ffelonioiwlv belonging to 
one Archabald Campbell of the same Precinct Planter take & bear away 



COLONIAL RECORDS. 409 



contrary to a statute in y' case made & provided & ag s ' the peace of our 
Sovereign Lord the King y' now is his Crown & Dignity & c 

Billa Vera Nic s Crisp fforeman 

The Grand Jury are Discharged & another Tmpannell'd & Sworn 

W m Charleton fforeman Tho 8 Rountree Tho" Luten W m Stewart ffra" 
Branch H Bonner Tho" Matthews Lau" Sarson Nic s Hunter H : Clayton 
Sam" Paget* J Peek J ffarlow Tho s Yates Geo : Tumedge W m Bonner 

The Jurors for our Sovereign Lord the King on their Oaths do pre- 
sent that Cush als Quashey a Negro Man Slave belonging to Paul Pal- 
mer of the Precinct of Pequimons on the 3 d of Ap 11 1720 did feloniously 
seduce take carry & convey by force & Armes &° from the Plantation of 
Nic" Crisp of the Precinct of Chowan Gent, a negro man Slave named 
Sambo together with one new Rugg to the value of twenty five shillings 
one coat one shirt one pair of New Lether Breeches one pair of Stock- 
ings oue pair of New shoes & one hatt value one pound twelve shillings 
& six pence the proper estate & goods of the s d Nic a Crisp & y t the s d 
Cush als Quashey so having seduced & taken the s d Negro Sambo & all 
the' afs d goods him and them did carry & convey to the Plantation & 
Dwelling house of the s d Paul Palmer at Pequimans afs d & then & there 
the said Negro Sambo and all the s d goods did deliver to the s d Paul 
Palmer & Joanna his wife who not being ignorant y' the s d Negro Sambo 
& all the s d Goods were by the s d Negro Cush als Quashey feloniously 
taken & carryed away from the s d Crisps Plantation did then at the s d 
Paul Palmers Plantation & Dwelling house receive & take the s d Negro 
Sambo & all the s d Goods from him the s d Cush als Quashey &.keep the 
same contrary to the Laws in such cases made & Provided & ag st the 
Peace of our Sovereign Lord the King his Crown & Dignity &" 

Billa Vera Nemine Contradi 

W m CHARLETON fforeman 

The Jurors for our Sovereign Lord the King do present upon their 
Oaths That on the 2 d day of Apr 11 1720 at the Precinct of Pequimans 
in the County of Albemarle in this Province of North Carolina Paul 
Palmer of the s d Precinct did instigate order and comand a negro Slave 
belonging to him the s d Palmer nam'd Cush als Quashey to go with two 
horses to the Plantation of Nic s Crisp in the Precinct of Chowan in the 
s d County of Albemarle & by force & arms &c to take bring & from 
thence convey & carry away a negro man nam'd Sambo with his Cloaths 
& bedding, which s d Negro Sambo, cloaths & bedding are the proper 
estate of the s d Nic s Crisp, And y' on y° 3 d day of Aprill afs d in y° year 

52 



410 COLONIAL RECORDS. 



afs d the s d Negro Cush als Quashey at the Instigation & by the order & 
coffiand of the s d Paul Palmer did go to the Plantation & Quarter of the 
s d Nic 8 Crisp & did then & there seduce & feloniously carry & convey 
from thence to the s d Paul Palmers House in Pequimans afs d the s d negro 
man named Sambo & also one New Rugg value twenty five shillings one 
coat one shirt one pair of new Leather Breeches one pair of Stockins one 
pair of new shoes & one hatt value one pound twelve shillings and six 
pence by reason of which seducing the s d Negro Sambo & the taking 
conveying & carrying of him & the s d Rugg Coat shirt Breeches Stock- 
ings shoes & Hatt by the s d Negro Cush als Quashey by the s d instigation 
order and coffiand of the s a Paul Palmer he the s d Nic 8 Crisp a true 
& faithfull Serv' of our Sovereign Lord the King is much damaged in 
Contempt of our Sovereign Lord the King to the great terror of many 
of the Kings Subjects & ag st the Peace &c 

Billa Vera Nemine Contradic 

W m CHARLETON foreman. 

The Jurors for our Sovereign Lord the King Present upon their oaths 
That the Hon" 1 " ffred k Jones Esq r of the County of Albemarle Ch. Jus- 
tice of this Province y° 14 th day of Apr 11 1720 to keep the Peace of our 
Sovereign Lord the King in the s d Province & also to hear and determine 
ffelonys Trespasses & other evil crimes in the s d Province the s d 14 th day 
of Apr" in the year afs d a certain warrant or Precept to one Charles 
Wilkins Planter y n Constable made directed & Deliverd & by his s d 
warrant Comanded him the s d Charles Wilkins to make diligent search 
for the body of one Cush als Quashey a negro man belong 81 to one Paul 
Palmer of Pequimans Precinct & him the s d Cush als Quashey to attach 
and to bring before him the s d ffred k Jones Esq r to be Examined for 
seducing & feloniously taking & carrying away a negro slave namd 
Sambo together with one New Rugg value twenty five shillings one coat 
one shirt one pair of New Leather Breeches one pair of stockings one 
pair of new shoes & one hatt of the value of one pound twelve shillings 
& six pence all the proper estate of one Nic 3 Crisp of Chowan Precinct 
Gent & also to bring the s d negro Sambo & the s d Goods before him the 
s d ffred k Jones Esq r which s d Cha 8 Wilkins Constable afterwards (to witt) 
the 18 th day of Ap 11 in the year afs d at Pequimans afs d by Vertue of the 
afs d Warrant to him directed & Deliverd the s d Cush als Quashey with 
the s d Warrant did take and attach and him the s d Cush als Quashey for 
the cause afs d in his custody then & there had kept and also y' he the s d 
Cha 8 Wilkins Constable the 23 d day of Apr" in the year afs d by vertue 
of the afs d Warrant with the s d Warrant did take & attach the above 



COLONIAL RECORDS. 411 



nanid negro Sambo & him had in his custody Nevertheless Johanna 
Palmer wife of the s d P. Palmer then & there well knowing the s d negro 
Sambo to be arrested and attached by the s d Charles Wilkins Constable 
with the s a Warrant by force & amies &° the afs a 23 d day of Apr 11 in the 
year afs d at Pequimans Precinct afs d the s d Negro Sambo out of the Cus- 
tody of the s d Charley Wilkins Constable ag st his will then & there felo- 
niously took & rescued & him the s d Negro Sambo then & there at large 
to run & go away did perniitt in great contempt of our s d Sovereign 
Lord the King & in evil & pernitious example to others in the like case 
and also contrary to the Peace of our s d Sovereign Lord the King &° 
Billa Vera Nemine Contrad" 

W m CHARLETON iforeman. 

Orderd that if W m Charleton, Hen ry Lysle, Jn° Winston, Patr k Egger- 
ton, Christop 1 Butler & Jam 8 ffarlow do pay unto Jn° Blount Esq* the 
fine appointed by law being presented by the Grand Jury for swearing 
& e they shall be hereby discharged. 

Orderd that if W m ffryley Sam 1 Monlier do pay unto John Worley Esq 1 
the fine appointed by Law being presented by the Grand Jury for swear- 
ing &c they shall be hereby discharged 

Orderd that if Martin Cromen do pay unto Robt. West Esq r the fine 
appointed by Law being presented by the Grand Jury for swearing four 
oaths he shall be hereby discharged 

Ordered that if Email" Low, Hen ry Pendleton & Benj. West do pay 
unto John Palin Esq r the fine appointed by Law being presented by the 
Grand Jury for breaking the Sabbath they shall be hereby discharged 

Orderd that if Wm Smith, Jn° Relf, & Edw d ffaircloth do pay unto 
Jn° Palin Esq r the fine appointed by Law being presented by the Grand 
Jury for not keeping the Roads in Repair in the severall Districts they 
shall be hereby discharged 

Charles Wilks being calld to answer a Presentm' of the Grand Jury 
for living in open Adultery faild to appear Upon motion of the Attorney 
Gen" Orderd y' a Distringass do issue ag s ' the next Court 

Mary Brinn being called to answer a Presentm' of the Grand Jury for 
cohabitting with Cha 8 Wilks faild to appear. Upon motion of the Attor- 
ney Gen 11 Orderd that a Distringas do issue ag st the next Court 

Abraham Spivey being calld' to answer a Presentm' of the Grand Jury 
for Hoggstealing faild to appear. Upon motion of the Attorney Gen" 
Orderd that a Distringas do issue ag 8 ' the next Court. 



412 COLONIAL RECORDS. 



Abraham Spivey being calld to answer a Presentm' of the Grand Jury 
for breaking y e Sabbath faild to appear. Upon motion of the Attorney 
Gen" Ord d a Distringas do issue ag 8 ' the next Court 

Thomas Spivey, Ben)" Spivey, and Jacob Spivey being bound by Recog. 
to appear at y 8 Court to answer a Presentm' of y e Grand Jury for Hogg- 
stealing appeard. Upon motion of the Attorney Gen" Orderd that they 
appear here the 3 d day of the next Gen 11 Court upon the same Recogni- 
zance to answer the s d Presentm' 

Thomas Spivey, Benj" Spivey, and Jac b Spivey being bound by Recog- 
nizance to appear at this Court, appeard. Upon motion of the Attorney 
Gen" Orderd that they appear here the 3 d day of the next Gen" Court 
upon the same Recognizance to answer the s a Presentm 4 . 

Jeremiah Vail being calld to answer a Presentm' of y e Grand Jury 
for abusing Jn° Blount Esq 1 one of the Justices of y 8 Court faild to appear, 
And the Marshall having faild to take him into Custody according to" 
the order of Last Court, Orderd that he be now taken and be in Custody 
of the Marshall till he enter into Recognizance to appear here the 3 d day 
of the next Gen" Court to answer the s d Presentm' And be of his good 
behaviour in the mean time. 

Jam 8 ffleming being calld to answer a Presentm' of the Grand Jury for 
abusing Tho 8 Rountree Esq' a Justice of the Peace for Chowan Precinct 
faild to appear, And the Court being satisfied of his Incapability to 
attend this Court by reason of sickness. Orderd that the same be con- 
tinued till the 3 d day of the next Gen" Court. 

The Jurors for our Sovereign Lord the King Present y' on the 13 th 
day of March 1718 being Sunday at Chowan Precinct in y s Province 
one John Hassell of the s d Precinct having not the fear of God before 
his eyes but by Instigation of the Devil & ag st the Peace of our Sover- 
eign Lord the King divers & Sundry prophane & irreverent words & 
speeches to the Dishonour of God Almighty himself and his Attributes 
and against the holy writt Profession and Religion now allowed & pro- 
fest by authority in his now Maj' r of Great Brittain's Dominions & sub- 
verting of all the faithfull an true believers & professors of the Protest- 
ant church & Religion now by Law Established & Confirmd did utter, 
speak forth & give out Viz' That he was never beholden to God 
Almighty for a blew, shirt for that he never had anything from him but 
what he worked for) and further being asked by one R d Batch el or, how 
lie liked the sermon he had heard y' day (He answered what good did it 
do him if he thought (He meaning the man who preacht) had come to 
save his sold out of hell he would sroc a hundred mile to destroy him. 



COLONIAL RECORDS. 413 



He had never been beholden to God for any thing. If an Angell should 
come down from Heaven & tell him face to face y' he should dye & be 
Damned to all Eternity he would not forbear swearing at sometimes 
which are against the Peace of our Sovereign Lord the King that now is 
his Royall Crown & Dignity & ag st the Law now in force both of God 
& man &c 

DAN 11 RICHARDSON Attf Gen" 

To which Indictm' Jn° Hassell Pleads not Guilty 

John Hassell & V\' m Yates acknowledged themselves to be indebted to 
our Sovereign Lord the King in the sum of twenty five pound each to 
be Levyed upon their Lands & Tenem* goods & Chattells with condition 
that the s d John Hassell do personally here the 3 d day of the next 
Gen 11 Court & not depart the Court untill therefrom & that in the 
meantime he be of his good behaviour. 

The Jurors for our Sovereign Lord the King Present y' Jn° Hassell 
of Chowan Precinct in y" Province at Chowan afs d ag st the Peace of our 
Sovereign Lord the King in a Lewd & Dishonest maner live cohabit & 
keep company with one Sarah Wilkinson the wife of W m Wilkinson late 
of the same Precinct in Contempt Disobedience & contrary to an order 
or Comand or Orders or Comands of the Gen 11 Court of y s Province for 
y* purpose made & now on Record in the s d Court ready to be produced 
all which actings of his the s d Jn° Hassell are ag st the Peace of our Sov- 
ereign Lord the King y' now is his Royall Crown & Dignity & against 
the Christian Religion and the force of the Laws of Great Brittain &c. 

DAN" RICHARDSON, AW Gen" 

To which Indictm' Jn° Hassell Pleads not Guilty. 

Jn° Hassell & W m Yates acknowledges y m selves to be indebted to our 
Sovereign Lord the King in the sum of twenty five pounds each to be 
levyed upon their Lands and Tenem* 8 , goods & Chattells with condition 
That the s d Jn° Hassell do personally appear here the 3 d day of the next 
Gen 11 Court and not depart the Court untill discharged therefrom & y' 
in the mean time he be of his good behaviour 

W m Alexander being called to answer a Presentm' of the Grand Jury 
for fibrgery fail d to appear. Ordered, that a further capias do issue for 
his appearance here y e 3 d day of the next Gen" Court to answer the s d 
Presentm' 

David Ambross being called to answer a Presentm' of the Grand Jury 
for selling Liquor without Lycence appeared and paid the fine by Law 
appointed Ordered, that he be Dismist. 



414 COLONIAL RECORDS. 



Robert Barnes & Jn° Price being called to answer a Presentm' of the 
Grand Jury for conveying away Cha" Wilks Presented by the Grand 
Jury for Living in Adultery Upon motion of the Attorney Gen 11 
Ordered that they appear here the 3 d day of the next Gen" Court upon 
the same Recognizance to answer the same Presentm' 

Dan 11 McDaniel & Robert Atkins being bound by Recognizance to 
appear at this Court and thereof failed, Ordered that a Scire fax do issue 
ag"' the same Recognizance. 

Caleb Stevins being called to answer an Indictment found ag st him by 
the Grand Jury for taking a pair of Boxes appeared and acknowledged 
himself to be indebted to our Sovereign Lord the King in the sum of 
twenty pounds & ffra s Branch & Edw d Pagett in the sum of ten pounds 
each to be levyed upon their Lands and Tenemt" goods & Chattells with 
Condition That the s d Caleb Stevins do personally here the 3 d day of the 
next Gen 11 Court and not depart the Court untill Discharged therefrom 
and that in the mean time he be of his good behaviour. 

Fran 8 Branch being bound by Recog : to appear at y" Court to answer 
a Presentm' of the Grand Jury for Retailing Liquor without Lycence 
appeard Orderd y' he appear here the 3 d of the next Gen" Court on the 
same Recognizance to answer the same Presentm' 

Joseph Jessop being bound to appear at this Court and the Att y Gen" 
being present was askd if he had anything to say ag s ' him Answerd No. 
Orderd that he be Dismist paying costs. 

John Relf being bound by Recog : to appear at y" Court and the Att J 
Gen" being prsent was askd if he had anything to say ag Bt him Answerd 
No. Orderd that he be Dismist paying Costs. 

W m Braswell being calld to answer an Indictm' found ag" him by the 
Grand Jury for abusing R d Washington a Constable in the Execution of 
his office Appeard & acknowledged himself to be indebted to our Sov- 
ereign Lord the King in the sum of twenty Pounds and Jn° Birkett in 
the like sum of twenty pounds to be Levyed upon their Lands & Tenem 18 
Goods and Chattells w th condition, That the s d W m Braswell do person- 
ally appear here the 3 d day of the next Gen" Court, & not depart the 
Court untill discharged therefrom. And that in the mean time he be of 
his good behaviour. 

Thomas Stoneeham being calld to answer an Indictm' found ag 8 ' him 
by the Grand Jury for abusing R d Washington a Constable in Execution 
of his Office. Appeared and acknowledged himself to be indebted to our 
Sovereign Lord the King in the sum of twenty pounds & Jam 8 Bate in 
the like sum of twenty pounds to be levyed upon their Lands & Tenem" 



COLONIAL RECORDS. 415 



Goods & Chattells \v th Condieon That the s d Thomas Stoneeham do per- 
sonally appear here the 3 d day of the next Gen" Court & not Depart the 
Court untill discharged therefrom & that in the meantime he be of his 
good behaviour 

Jn° Birkett Sen* & Jn" Birkett