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Colonial and State Records of North Carolina
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Report concerning the dispute between the Lords Proprietors of Carolina and the heirs of Robert Heath over the Carolana Land Grant
No Author
1663
Volume 01, Pages 35-36

[B. P. R. O. Colonial Papers. Vol. 17. No. 39. 1.]
STATE OF THE CASE OF THE DUKE OF NORFOLK'S PRETENSIONS TO CAROLINA. [INCLOSED IN SIR JOHN COLLETON'S LETTER OF 10 JUNE 1663.]

The 13th of 8ber in ye 5th year of King Charles the First was granted to Sir Robert Heath the reagion or Province of Carrolina leying within the latitude of 31 and 36 inclusive upon the condition yt ye said Sr Robert Heath or his assignes plant ye sd Province according to such Articles or Instructions as his then Majesty had given him under his sign Manuell & privie Signett signed by his Secretary of State bearing date with the grant aforesd

Mr Samuell Vassell had as he pretends an Assignemt from Sr Robt. Heath for a tearme not yet expyred for ye lattitude of 31, 32, & 33 & ye heires of Sr Richard Greenefeild for ye remayneing part being 34, 35 & 36 who say they never heard of any pretence by Mr Howard or any of his Ancesters untill within these three monthes neither hath Mr Howard shewn any pattent or grant for ye same but pretends by discourse abroad yt ye pattent to Sr Robert Heath was taken in trust by sd Heath for some of his Ancestors.

Mr Howard shewes no right nor the Artickles or Instructions by wch he was to plant although often sent for by Mr Atturney Genll to Mr Merriott Mr Howardes Sollissiter.

Neither hath Sr Robt. Heath, Mr Howard or any of his Ancestors Mr Rich Greenefeild or Mr Vassell or any of their Assignes planted any part of this Province there being about 35 years past since ye grant

Severall persons have a desire to plant in ye sd Province under the pattent granted by his now Maj. to my Lord High Chancellor, ye Duke of Albemarle & others but refusing to plant under the pattent to Sir Robt. Heath & forbare to plant under the latter untill ye first be made voyde

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least when they have planted they shall receave trouble by ye first pattent by meanes whereof the settlement of that hopefull collony wilbe lost. It is therefore to be humbly desired yt his Maj. wilbe graciously pleased by an Act of Councell to resume ye pattent to Sr Robt. Heath & all Grants from it because they have not planted nor doe not shew ye Artickles or Instructions menc̄oned in sd pattent whereby ye settlemt may goe forward whylst many people have stronge desires to it wch will otherwayse dye and hardly be revyved againe.