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Land patent granted by George II, King of Great Britain to John Carteret, Earl Granville
George II, King of Great Britain, 1683-1760
September 17, 1744
Volume 04, Pages 655-663

[Reprinted from Revised Statutes of North Carolina, Vol. II, Page 15.]
GRANT FROM KING GEORGE THE SECOND, TO JOHN LORD CARTERET, AFTERWARDS EARL GRANVILLE.

This Indenture made the seventeenth day of September, in the eighteenth year of the reign of our sovereign lord George the Second, by the grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c., and in the year of our Lord one thousand seven hundred and fortyfour, between our said sovereign lord the King's most excellent Majesty of the one part, and the Right Honorable John Lord Carteret of the other part.

[For the recitals in this grant, see Act of Parliament for establishing an agreement with seven of the Lords Proprietors of Carolina, &c. Vol. 3, page 32.]

And whereas, by indenture tripartite bearing date the twenty-fifth day of July, in the year of our Lord one thousand seven hundred and twenty-nine, and made or mentioned to be made between our said sovereign lord the King, of the first part, and the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, by the names and additions of Edward Bertie, of Gray's Inn, in the county of Middlesex, Esquire, Samuel Horsey, of Mortlake, in the county of Surry, Esquire, Henry Smith, of Caversham, in the county of Oxon, Esquire, Alexius Clayton, of the Middle Temple, London, Esquire, of the second part, and the most noble Henry Duke of Beaufort, the honorable James Bertie, of the parish of Saint John the Evangelist, in the Liberty of Westminster, in

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the county of Middlesex, Esquire, the honorable Doddington Greville, of Bulford, in the county of Wilts, Esquire, the said Doddington Greville and James Bertie being the surviving devisees named in the last will of the most noble Henry Duke of Beaufort, deceased, in trust for the said Henry, now Duke of Beaufort, and for the right honorable Charles Noel Somerset, Esquire, commonly called Lord Charles Noel Somerset his brother, an infant, the right honorable William Lord Craven, Joseph Blake, of the province of South Carolina, in America, Esquire, Archibald Hutcheson, of the Middle Temple, London, Esquire, John Cotton, of the Middle Temple, London, Esquire, Sir John Colleton, of Exmouth, in the county of Dover, Baronet, the honorable Henry Bertie, of Dorton, in the county of Bucks, Esquire, Mary Dawson, of the parish of Saint Andrew, Holborn, in the county of Middlesex, widow, and Elizabeth Moor, of London, widow, of the third part, reciting as therein is recited.

It is witnessed that they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, for the consideration therein, pursuant to the directions in the said recited act of parliament, and the trust thereby in them reposed, did bargain, sell and surrender, and the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutcheson, John Cotton, and Joseph Blake, did ratify and confirm unto his Majesty, his heirs and successors, the said seven undivided eighth parts (the whole into eight equal parts to be divided) and all other the part or share, parts or shares, interests and estates in and by the recited act of parliament vested in them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, (except as in the said act is excepted) of and in the aforesaid provinces or territories called Carolina, and of and in all and singular the royalties, franchises, lands, tenements, hereditaments and premises, in and by the said several recited letters patent or either of them granted or mentioned to be granted, with their and every of their rights, members and appurtenances, and all the estate, right, title, interest, trust, property, claim and demand whatsoever, of them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and of the said Henry Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutcheson, John Cotton and Joseph Blake, every or any of them, of, in, and to the same. To hold the seven undivided eighth parts (the whole into eight equal parts to be divided) and all other the premises thereby bargained, sold and surrendered, with

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their and every of their appurtenances (except as therein before excepted) unto the king's most excellent majesty, his heirs and successors.

And it is by the said indenture further witnessed, That for the further consideration therein mentioned, they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, in pursuance of the trust in them reposed, in and by the said recited act of parliament, did grant, bargain, sell, assign, transfer and set over; and the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutcheson, John Cotton and Joseph Blake, did ratify and confirm unto his said majesty, his heirs and successors, the said seven eighth parts (the whole into eight equal parts to be divided) of all and every the arrears of the quit rents, sum and sums of money, debts, duties and demands whatsoever, which at the time of making the said act of parliament were due and owing to the said Henry Duke of Beaufort, or to the said James Bertie, and Doddington Greville, and to the said John Lord Carteret, William Lord Craven, James Bertie, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutcheson, John Cotton and Joseph Blake, and all the arrears, shares, sums of money and premises, in and by the said recited act vested or intended to be vested in them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, in trust for the purposes aforesaid; and all the right, title, interest, trust, claim and demand whatsoever of them the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton, and of them the said Henry Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutcheson, John Cotton and Joseph Blake, every or any of them, of, in, and to the same. To hold, receive and enjoy the said arrears, sums of money and premises therein last before granted, bargained and sold and assigned unto his said majesty, his heirs and successors, to and for his and their own use and benefit as in and by the said recited indenture, relation thereunto being had, may more fully appear.

And whereas the said John Lord Carteret, by his humble petition, to his majesty in council, reciting the said several letters patent and act of parliament herein before recited, and that he is still entitled to one full undivided eighth part of the said province, and of all the premises granted by the said several letters patent, and also of the arrear of quit rents, and other duties, reckonings, claims and demands, hath humbly prayed his majesty that his said eighth part of the soil of the said provinces and territories, might be set out and allotted to him in such part of

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the said provinces and territories as should be agreed on between such persons as his majesty shall be pleased to appoint for his majesty, and such persons as the said John Lord Carteret should name on his part. To have, hold and enjoy the same forever hereafter in severalty to the said John Lord Carteret, his heirs and assigns, together with all and every the same royalties, powers, liberties, franchises and privileges, (the government thereof and of the said province of Carolina only excepted) as far as concerns such eighth part to be so allotted to the said John Lord Carteret as he is entitled to under the said letters patent and act of parliament, in case such division or allotment was not or should not be made, and under the like quit rents proportionably, as is mentioned in the said letters patent according to the proportion or eighth part thereof; and thereupon the said John Lord Carteret humbly offered and proposed to surrender to his majesty, his heirs and successors, his share and interest of and in the government of the said provinces or territories, and to convey, release and confirm to his majesty, his heirs and successors, the other seven parts of the said provinces.

And whereas his present majesty was pleased to refer the said petition to the right honorable the lords of the committee of his majesty's most honorable privy council, for them to consider thereof, and report the same, with their opinion thereupon, to his majesty in council, and which said petition the said lords of the committee of his majesty's most honorable privy council, did refer to the right honorable the lords commissioners for trade and plantations for them to examine the same and consider thereof and report the same with their opinion thereupon to their lordships. And whereas the lords commissioners for trade and plantations having examined the said petition, and considered thereof, did, by their report to the said lords of the committee of his majesty's most honorable privy council, offer as their opinion, that it would be for his majesty's service that the said Lord Carteret's property should be separated from that of his majesty, wherein the said Lord Carteret should enjoy whatsoever he was entitled to by the charters of Carolina, and the aforesaid act of parliament; and for the better preventing any difficulties that might attend the setting out an eighth part of the soil of the said province, the said lords commissioners conceive the method proposed by the said Lord Carteret would be most effectual, which said report the said lords of the committee of his majesty's most honorable privy council having taken into their consideration, did agree in opinion with the said lords commissioners for trade and plantations. And whereas the said right honorable the lords of the committee of his majesty's most honorable privy council did on the twenty fourth of August, one thousand seven

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hundred and fortytwo, make their report thereupon to his majesty, reciting as herein last before is recited; and that the said Lord Carteret's property should be separated from that of his majesty, and for that end the said committee humbly propose that the respective governors of South and North Carolina, or either of them, as his majesty should be pleased to direct, be ordered to nominate and appoint proper persons as commissioners on his majesty's behalf, not exceeding five, who in conjunction with a like number of persons to be appointed by the said Lord Carteret as commissioners on his behalf, should be empowered to set out and allot to the said Lord Carteret one full eighth part of the said provinces of Carolina, in such part or parts of the said provinces and territories as should be agreed on by the said commissioners so to be appointed as aforesaid; and that they should be required to make a return of their proceedings therein to his majesty in council, within eighteen months after the date of his majesty's order to be made upon the said report, and also to lay before his majesty a plan containing a full and exact description of the said lands, together with the respective boundaries thereof, in order to his majesty's signifying his royal pleasure (in case his majesty should approve thereof) for conveying the same to the said Lord Carteret in such manner as should be advised by his majesty's counsel learned in the law, provided the said Lord Carteret should at the same time make a surrender to his majesty of all his pretensions to the government of the said provinces of Carolina, and should convey, release, and confirm to his majesty, his heirs and successors the other seven parts of the said provinces: and for the better guidance of the commissioners so to be appointed on his majesty's behalf in the discharge of their duty therein, the said committee conceived, that it might be advisable for his majesty by his order in council, to require the said commissioners to follow and observe such directions and instructions as might be found necessary to be given from time to time, either by his majesty, or by those who act under his majesty's royal authority; and which said report his majesty in council was pleased to approve of.

And whereas his said majesty, by his order in council, bearing date the fifteenth day of September, in the year of our Lord one thousand seven hundred and fortytwo, reciting as herein last above is recited, and that his majesty in council was that day pleased to take the said petition into his royal consideration, together with the opinion of a committee of his privy council, and of the lords commissioners for trade and plantations thereupon, and was thereby pleased to order that the respective governors of the provinces of S. and N. Carolina, or either of them, as his majesty should thereafter be pleased to direct, should nominate and

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appoint proper persons to be commissioners on his majesty's behalf, not exceeding five, who in conjunction with a like number of persons to be appointed by the said Lord Carteret as commissioners on his behalf, were thereby empowered to set out and allot to the said Lord Carteret one full eighth part of the said provinces of Carolina, in such part or parts of the said provinces and territories as should be agreed upon by the commissioners so to be appointed as aforesaid; and that the said commissioners should make a return of their proceedings herein to his majesty in council, within eighteen months from the date of the said order, and that they should at the same time transmit to his majesty a plan containing a full and exact description of the said lands, together with the respective boundaries thereof, in order to his majesty signifying his royal pleasure, (in case his majesty should approve thereof) for conveying the same to the said Lord Carteret in such manner as shall be advised by his majesty's counsel learned in the law, provided that the said Lord Carteret should at the same time make a surrender to his majesty of all his pretensions to the government of the said provinces of Carolina, and should convey, release and confirm to his majesty, his heirs and successors, the other seven parts of the said provinces as by the said petition and order, relation thereunto likewise being had, may more fully appear.

And whereas, commissioners were accordingly appointed on behalf of his majesty, and of the said John Lord Carteret, to set out and allot to the said John Lord Carteret one full eighth part of the said provinces of Carolina, who by their humble report to his majesty in council bearing date the sixth day of December, in the year of our Lord one thousand seven hundred and fortythree, did certify that in pursuance of his majesty's said order in council, dated the fifteenth day of September, one thousand seven hundred and fortytwo, and of his majesty's royal instructions thereupon, given the twentyfifth day of April, one thousand seven hundred and fortythree, they did immediately proceed to set out and allot to the said John Lord Carteret one full eighth part of the provinces of Carolina, in one entire separate district, in the province of North Carolina, next adjoining and contiguous to the province of Virginia, which eighth part is bounded to the north by the line that divides Carolina from Virginia, to the east, by the great western ocean, commonly so called, and as far southwardly as a cedar stake set upon the sea side, in the latitude of thirtyfive degrees and thirtyfour minutes at north latitude, being six miles and a half to the southward of Chickmacomack inlet, from that stake by a west line which passed twentyfive feet to the southward of the house wherein Thomas Wallis liveth, and so west as far as the bounds of the charter granted to the lords proprietors of Carolina

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by his majesty King Charles the Second, which west line went one thousand six hundred and sixty poles to the north of the south end of Bath-Town, and the said commissioners did, pursuant to the said order in council, transmit to his majesty a plan containing a full and exact description of the said one eighth part of the said provinces or territories, so set out and allotted to the said John Lord Carteret, annexed to their said report, and all which boundaries are marked out and ascertained by the said plan, a true and exact copy whereof is stampt on the fifth skin of these presents; which said return of the said commissions his majesty was pleased by his order in council, bearing date the twentyfirst of March last, to refer to the said lords of the committee of his most honorable privy council, for them to consider thereof, and report their opinion thereupon to his majesty in council; and whereas the said right honorable the lords of the committee of his majesty's most honorable privy council for plantation affairs, did upon consideration thereof, by their report to his majesty in council, bearing date the ninth day of May last, reciting such orders, reports, and proceedings upon the said petition of the Lord Carteret as are herein before recited, agree humbly to report as their opinion, that his majesty might be pleased to approve of the said return and plan of the allotment thereby made to the said Lord Carteret, for his one eighth part of both the provinces of Carolina, and that thereupon it might be advisable for his majesty to order his attorney and solicitor general to prepare the necessary instruments or deeds, conformable to what is contained in the afore mentioned reports of the fifteenth of September, one thousand seven hundred and fortytwo, for conveying, releasing and confirming the said lands to the said Lord Carteret and his heirs, and likewise for the said Lord Carteret's surrendering up to his majesty all his pretensions to the government of the said provinces of Carolina, and for conveying, releasing, and confirming to his majesty, his heirs and successors, the other seven parts of the said provinces. And whereas on the said ninth of May last, his majesty in council, took the said report last above mentioned into consideration, and was pleased with the advice of his privy council to approve thereof, and also, of the return and plan thereto affixed, and of the allotment of land thereby made to the said Lord Carteret for his one eighth part of the province of Carolina, and his majesty did thereby order that Mr Attorney and Mr Solicitor General do prepare such instruments or deeds as are proposed by the said report, as by the said orders and reports, relation being thereunto respectively had may more fully appear.

Now this indenture witnesseth, that for and in consideration of the said John Lord Carteret surrendering, releasing and confirming unto his said

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majesty, all his estate, right, title and interest of, in and to the government of the said provinces of Carolina, and of, in and to the said seven eighth parts divided from the said one eighth part so allotted to the said John Lord Carteret as aforesaid, of and in the aforesaid provinces or territories called Carolina, and also for and in consideration of the said John Lord Carteret's granting and assigning unto his said present majesty all and every the arrears of quit rents and other sum or sums of money, debts, duties, accounts, reckonings, claims and demands whatsoever, which are now due and owing to his present majesty and to the said Lord Carteret from the farmers, tenants or inhabitants of the said seven eighth parts of the said provinces or territories, for the respective lands and tenements which are situate within, and part of the seventh eighth parts of the said provinces or territories as aforesaid, his said present majesty, of his especial grace, certain knowledge and mere motion, hath been graciously pleased to give and grant, ratify, release and confirm, and by these presents for himself, his heirs and successors, doth give and grant, release, ratify and confirm unto the said John Lord Carteret, his heirs and assigns forever, all that the said one eighth part of the said provinces and territories as the same is separated, set out and allotted to the said John Lord Carteret, by the said commissioners as aforesaid; and the reversion and reversions, remainder and remainders, yearly and other rents, issues and profits of, in and to, and out of the said one eighth part of the said provinces and territories and every part and parcel thereof, and also all the estate, right, title, interest, trust, property, right of action, right of entry, claim and demand whatsoever of his said present majesty of, in and to the same, every or any part or parcel thereof, together with all and singular the like, and as ample rights, privileges, royalties, liberties, immunities and franchises, of what kind soever, within the said one eighth part of the said provinces or territories so divided, set out, and allotted to the said John Lord Carteret as aforesaid, in as ample manner and form as the said John Lord Carteret, together with the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, John Cotton and Joseph Blake, any or either of them could have held, used or enjoyed the same by virtue of the said recited letters patent, or either of them, in case the said act of parliament and conveyances herein before recited had not been made, except nevertheless, out of this grant, the said powers of making laws, calling or holding of assemblies, erecting courts of justice, appointing judges or justices, pardoning criminals, creating or granting titles of honor, making ports or havens, taking customs or duties on goods laden or unladen, making and erecting counties,
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forts, castles and cities, or furnishing them with habiliments of war, incorporating cities, boroughs, towns, villages or any other place or places, raising, employing or directing the militia, making war or executing martial law, exercising any of the royal rights of a country palatine, and of doing, using or exercising any other the prerogatives, pre-eminences, rights, jurisdictions and authorities of, belonging or relating to, the administration of the government of the said one eighth part of the said provinces. To have and to hold the said one eighth part of the said provinces and territories so divided, set out, and allotted to the said John Lord Carteret as aforesaid; and all other the royalties, franchises, powers, privileges, lands, tenements, hereditaments and premises hereby given, granted, released and confirmed, or intended so to be, with their and every of their appurtenances (except as before excepted) unto the said John Lord Carteret, his heirs and assigns, to the use and behoof of the said John Lord Carteret, his heirs and assigns forever; yielding and paying to his said majesty, his heirs and successors the annual rent of one pound thirteen shillings and four pence, payable at the feast of All Saints forever: And also one fourth part of all gold and silver ore, that shall be found within the said one eighth part of the said premises so separated as aforesaid.

And this indenture further witnesseth, that as well for the consideration aforesaid as for divers other good considerations thereunto especially moving, his said present majesty hath given, granted and assigned, and by these presents doth, for himself, his heirs and successors, give, grant and assign unto the said John Lord Carteret, his executors, administrators and assigns, all the arrears of quit rent, sum and sums of money, debts, duties, accounts, reckonings, claims and demands whatsoever, now due and owing to his said present majesty, and the said John Lord Carteret, or either of them, for or from the said one eighth part of the said provinces and territories so divided, set out, and allotted to the said John Lord Carteret as aforesaid; and all the right, title, interest, trust, property, benefit, advantage, claim and demand whatsoever, of his said present majesty, of, in, and to the same. To have, hold, receive and enjoy the same arrears, sums of money, and premises herein last before given, granted and assigned unto the said John Lord Carteret, his executors, administrators and assigns, to and for his and their own use and benefit.

Witnessed by the King, at Westminster, the day and year first above mentioned.

BY WRIT OF PRIVY SEAL.



Additional Notes for Electronic Version: For a concise summary of the situation surrounding this grant, see pp. 314-315 in "North Carolina Research: Genealogy and Local History" edited by Helen F. M. Leary, 1996.