Chowan County NcArchives Court.....Governor's Council, Minutes Of 1717
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Source: Colonial Records Of North Carolina
Written: 1717

Minutes of the North Carolina Governor's Council
North Carolina. Council
August 01, 1717 
Volume 02, Pages 289-291

[Council Journal.]

North Carolina ss 
Att a Council holden at the house of the Honble Coll Thomas Pollock in Chowan 
on Thursday the First day of August 1717 

Present the Honble Charles Eden Governor Captn Genll and Admll 
Thos Pollock Esqr Lds Proprs Depty 
Nath Chevin Esqr Lds Proprs Depty 
T Knight Esqr Lds Proprs Depty 

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 Cort 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 Bror the two Children being both dead all that belonged to them is now 
taken out of his hands by Henry Miller and the Land is Threatened to be taken 
away also wch the petitioner 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 Mr 
Spellar do prepare & bring in his Acct of the said Administracon.

Upon Petition of William West setting forth that he being a Tradesman and 
willing to settle in this Govermt 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 Govermt but was advised of a 
Small Tract of Land on the head of Cashock Creek Survey'd and Patented Several 
years agoe which he according to the Usual Costume petitioned for as Laps'd 
land and had it Granted but afterwards one Henry Lysle made Application and 
pretended a right to the said Land and that he had sold 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 notoriously false and that there was no 
such sale as he said there was 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 yt 

Ordered that Henry Lysle be served with a coppy of the petition and to appear 
at the next council.

Upon Petition of Wm Charlton Execr of the last will and Testament of Edward 
Smythwick 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 Testamt 
of the said Dece'd

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 sd Elizabeth being a Forreigner dyed seized of 
sundry Lands in this Government and left no Issue therefore prayes that they 
may have Liberty to Estcheat the said Lands and that a Warrt 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, Esqr was by the Governor with the advice and Consent of the 
Council Constituted Chief Justice of this Province Coll Gale haveing departed 
this Govermt 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.

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