NORTH CAROLINA-SS.

At a Council held at Edenton the 16th day of November Anno Dom 1723

Edward Moseley Esq' produced to this Board a Comission and Instructions from His Excelly the Palitin and the rest of the True and Absolute Lds proprietors of Carolina appointing him Surveyor General of this Province which was Read allowed of and the several Oathes by Law appointed was duly administered and taken by him for his Qualification Ordered that the sd Comission and Instructions be Recorded in the Secty-Office

John Dunston Esq produced a Commission and Instuctions to this Board from his Excelly the Palatin and the rest of the True and absolute Lords proprietors of Carolina appointing him Naval Officer of this Province & Reciever of the Tenths of the Fishery which was read and allowed of and the oaths by Law appointed was duly administered and taken by him for his qualification

Ordered that the s Commission and Instructions be Recorded in the Secretarys Office

By Order

NORTH CAROLINA-SS.

At a Council held at Edenton the 21st day of November Anno Dom 1723

John Lovick Esq" a Member of this Board now made a motion praying that he might call some Persons to make oath to their knowledge of Governor Edens Making his Will wherein the sd Lovick is appointed Sole Executor that their several Depositions might be kept upon Record in the Council Journals which being allowed of.

Christopher Gale Esq Chief Justice of this Province appeared and being sworn on the Holy Evangelist-Saith-That some time in the

winter before the Death of the said Governor Eden at a time when Mr. Lovick had expressed some uneasiness for his being confined therefrom his buisness at home he the s Lovick being then very Ill Governor Eden with some concern told the Deponant that M Lovick was the first he ever knew Slight an Estate when it was offered him or words to that Import

And at the same time or some time during the said GovTM last sickness 'M' Lovick having signifyed some design of his intending to build he the Governor told this Depont that he wondered M Lovick would be in such haste that he should not live long himself and then he would have a house ready furnished or words to that effect

And the Depon further saith that being at Governor Edens when he Dyed M Lovick either the same day or some very short time after told this Deponant that the Governor had Charged him in case Mr Lloyd gave him any trouble or refused to give him a General Discharge or words that were to that Effect not to pay one farthing which he understood to be meant of Mrs Pugh's Legacy

And further saith not

C GALE

Then Edward Moseley Esq Surveyor General of this Provice appeared being Sworn Saith that that on or about the 27th day of February Anno Dom 1721 he had occasion to wait on the late Governor of North Carolina Charles Eden Esq' concerning the proving the Last will and Testament of William Duckingfield Esq at which time the said Gov was very weak & Languishing but of sound and perfect mind and memory That the said Governor at that time had discourse with him the Dept in Private That among other discourse which the s Govern' had with the Dep he shewed a great sence he had of the Friendship and Assistance he had met with from Mr Lovick and that he told this Deponant he had he hoped made him some amends that he had made his will and therein given the s M Lovick all his Estate except some Legacys and other payments which he believed he might Comply with and have a hansome thing left for himself or words to that purpose.

And further saith not

E MOSELEY

Then William Badham Esq' Magistrate of this Governm' appeared and being duly sworn Saith That Sunday the 24th day of December 1721 he went from home to Governor Edens in Company of Mr Clayton to keep their Christmas with the Governor and the Governor having been a long

time in a Lingering Sickness could not be so merry as usual but was in his perfect sence mind and memory and often said he would make his will before this Depont and the rest of the Company that was with him went away that they might be Evidences to it and further added that he wondered at the backwardness of Mr Lovick (who was then at his house) in writing it for him and that he thought him the said Lovick was the first man that ever refused an Estate before in his life time when offered him

And the Deponant further saith that on Chrismas day the Governor Came into the outer room or Hall and Dined with the Company and that in the evening he desired the Company to go into the parlor where this Dept saith there was a large bowle of punch made and that the Governor was very merry with the Company that night

And the Depon further saith that at that time he stayed several days at the Governors house and in the time of his being there he often heard the Governor Complain of Mr Lovick that he could not get him to write his Will and at last the said Lovick did write the will which he saw the Governor sign seal pronounce and declare to be his Last will and Testament and signed the same as an Evidence and at the doing thereof this Depont heard the Gov' say with an Asserveration he was very glad his will was made and that he was fully resolved never to make another or words that Implyed as much

And this Depn further saith that he waited upon Governor Eden Several times in his Illness and often heard him declare (Mr Lovick being absent) that he intended to give the said Mr Lovick the greatest part of his Estate and upon some discurses he had with the Gov about the said Lovicks being about to remove from Sandy point (where he then lived) with a design to settle himself at Edenton he the Depn' told the Governor that the sd Lovick had offered him a Considerable reward to undertake the building of an House for him at Edenton or to oversee the workmen that should do it for him to which the Gov' answered that he wondered that he could not content himself to come and live with him for that he really believed he should never get over that Illness and then his house might serve for the sa Lovick as well as it had done for him or words to that purpose

And this Deponant further saith that on the 14th day of April following he went from Edenton to the said Lovicks with the said Co" Gale and the sa Lovick in discourse told them that Gov' Eden had given him some Verbal Instructions about his Will one of which was about a legacy left one Mrs Pugh that before payment he should first get a General Discharge from one M1 Roderick Lloyd who was Father in Law to the

said M Pough as he told this Depont for he thought in giving that Lagacy it was sufficient for the Family therefore charged him to insist upon the Discharge from M' Loyd before he paid it

Then Mrs Mary Badham Wife to William Badham Esq' appeared and being sworn Saith That about the 25th day of Decem' Anno 1721 she was for several days at the house of Charles Eden Esq' late Governor of North Carolina at which time he was indisposed but of sound and perfect mind and memory and not confined to his Bed that during the time of this Depon* being there the late Gov' Eden did often speak to her concerning the making of his will in Which dicourse he shewed some concern that John Lovick Esq' to whom he said he designed to give every thing, should be so backward to write it and that he much wondered he could not prevail on the said M Lovick to write his will altho he had frequently spoke to him to do it and that he beleived M' Lovick was the first that ever refused an Estate That the said Gov' Eden had much discourse with the Depon to the same purpose whenever the said M1 Lovick was absent and that the said Gov" Eden did then tell this Depont that he would have his Will wrote while she was there that she and her husband might be Witnesses thereto and desired her to speak to M1 Lovick to write it while she was there for it would be the last he would ever make

And the Depon further saith That while she was there at the time aforementioned the said John Lovick Esq' coming into the room where the said late Governor used much he told said Lovick in the Depon's hearing that he had often been at him to write his Will and that he would then have it done Whereupon the said John Lovick set down and by his order wrote the original Will at this present shown unto her to which the Depont is an evidence

And further saith not

MARY BADHAM

Then Henry Clayton Esq one of the Justices of the General Court for this province being Sworn Saith that he went over in Company with Mr Badham & his Wife to Governor Edens some time about the 24th of December 1721 to keep his Xmas with the late Governor Eden That when he came over he found the sd Governor some what indisposed but capable of walking about the house and in perfect sound mind and memory and that while the Depon' was at the Governors house the said Gov

ernor Committed his last will and Testament to writing and called this Depont to see him Execute the same and this Depont heard him declare it to be his last will and Testament and signed the same as a Witness and this Depon' at that time stayed near a weak at the Govs house and left him in no worse condition than he found him

By order

And further Saith not

Hay CLAYTON

[RECORDS OF GENERAL COURT.]

NORTH CAROLINA-SS.

At a Gen' Court of Oyer & Terminer and Gaol Delivery held at Edenton the twenty sixth day of March Anno Dui 1723 & continued by severall adjournments till ye 2a day of Aprill following.

The attachment against John Sale to compell him to appear &c at this Court (if to be found) if not then against the Good & Chattells of the said John Sale being returned Executed in the hands of Thomas Mathews and the said John Sale (being Solemnly required) came not and the said Thomas Mathews being also sumoned made his appearance and acknowledge that he hath moneys in his hands belonging to the said John Sale but that an attachment hath already been levyed for part of it.

Wherefore it is consider and Ordera that the said Thomas Mathews do prepare his Accots and vouchers and Settle the same before the Honoble the Cheif Justice so that report may be thereof made to the next Generall Court on the las Tuesday in July next on the third day of the said Court till which time the said Attachment is continued.

The above Entry was by mistake in page (87) omitted till proceedings of that Court were signd by the Cheif Justice.

Test. W. BADHAM Clk.

NORTH CAROLINA-SS.

Att a Gen' Court of Oyer & Terminer and Gaol Delivery held at Edenton the twenty sixth day of March Anno Di one thousand seven hundred and twenty three and Continued by severall adjournments till the Second day of Aprill following