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Agreement between John Carteret, Earl Granville and Henry McCulloh concerning land grants in North Carolina
Carteret, John, Earl Granville, 1690-1763; McCulloh, Henry, ca. 1700-1779
April 17, 1761
Volume 06, Pages 573-578

[From MSS. Records in Office of Secretary of State.]

Articles of Agreement Indented Concluded and agreed upon this Seventeenth day of April one thousand seven hundred and sixty one By and between the Right Honourable John Earl Granville, Viscount Carteret and Baron Carteret of Hawnes in the County of Bedford in the Kingdom of Great Britain Lord President of His Majestys Most Honourable Privy Council and Knight of the most noble order of the Garter and Sole Proprietor of a certain District or Parcell

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of Land situate in the Province of North Carolina in America of the one part And Henry McCulloh Esqr of the other part

Whereas the said Henry McCulloh and others claiming under him are Seized and Possessed of sundry Tracts or parcels of Land situate in the aforesaid District which were Granted to him by Letters Patent under the Great Seal of the said Province of North Carolina And are recorded in the Secretary's office of the same which said Lands are contained in Divers Lotts Numbered as follows (that is to say)

ACRES
8
Only three fourths thereof being in the said District
75,000
9
100,000
10
100,000
11
In Partnership with the late Mr. Willcox
100,000
12
Including 25,000 Acres sold Messrs. Chansey Townsend
& Henry Howson
100,000
In the whole
475,000

And Doubts having arisen concerning the Title of said Land by reason of the said Henry McCulloh his not having fulfilled the conditions specifyd in the said Letters patent. Therefore for Obviating the said doubts and to prevent disputes and controversys concerning the same Lands, It is Covenanted and agreed by and between the said Earl and the said Henry McCulloh as follows to wit Imprimis the said Earl Granville for himself his Executors and Administrators doeth by these presents Promise Covenant and agree to and with the said Henry McCulloh his heirs and assigns that he and they shall and may Peaceably and quietly hold Possess and enjoy the said four hundred and seventy five [thousand] Acres of Land and every part and Parcel thereof from the day of the date hereof and untill the full end and term of two years next after the determination of the War now subsisting between His Majestys Subjects of the said Province and a Nation of Indians called and known by the name of the Cherokees. Also that the said Henry McCulloh his heirs and assigns shall and may forever after the expiration of the said term or time in like manner hold possess and enjoy three hundred thousand acres part of the said four hundred and seventy five thousand acres of Land (including all such parts thereof as hath been sold or disposed of by him) to be surveyed and laid out as hereinafter mentioned and subject to conditions and restrictions herein set forth and

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expressed and that without the Hindrance Interruption or Denial of the said Earl Granville his agents or attorneys or any other person or persons claiming by from or under him or them

Item That the said Earl Granville shall and will take and Accept the Ballance now remaining due in Arrear of the sum of Twelve hundred Pounds Proclamation money of North Carolina agreed by the said Henry McCulloh to be paid to the said Earl Granville in Lieu of Quit Rents for the said Lands from the Twenty fifth day of March One thousand seven hundred and fifty seven to the Twenty fifth day of March one thousand seven hundred and sixty by Articles of Agreement under their respective hands and seals and bearing date the Twenty seventh day of September One thousand seven hundred and fifty five and that the said Ballance when paid shall be in full Discharge of all Quit Rents and Arrearages of Quit Rents of the said Lands untill the day of the date of these Presents And also that the said Earl Granville will receive and accept the Annual sum of four hundred Pounds like Proclamation money paid on the Fifteenth day of April in each year in lieu and full Satisfaction of the whole of the Quit Rents chargeable in the said Lands from the day of the date hereof untill the full end of two years next ensuing And Likewise after this rate of Four hundred and Fifty Pounds like Proclamation money Annually from and after the Fifteenth day of April One thousand seven hundred & Sixty three for so long thereafter as until the Expiration of the term of years to be accounted from the end or determination of the said war with the said Cherokee Indians in like satisfaction for all such Quit Rents as shall accrue on the said Lands during the said last mentioned time—

Item That the said Earl Granville shall make an Allowance & abatement to the said Henry McCulloh his Executors or Administrators out of the respective sums of money by him to be paid in lieu of the Quit Rents of the said Lands in manner aforementioned for all sums which he shall receive by himself or agents for Quit Rents for any of the said Lands from any person or persons Claiming by or from the said Henry McCulloh or his heirs. In Consideration whereof the said Henry McCulloh for himself his heirs, Executors and Administrators doeth Covenant and Grant to and with the said Earl Granville his heirs and Assigns by these presents in manner following to wit—That he the said Henry McCulloh shall and will within the space of six months after the date hereof pay or cause to be paid to the Receiver General of the Quit Rents of the said Earl Granville in the said Province of North Carolina to the

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use of the said Earl Granville the Ballance of the afforesaid sum of Twelve Hundred Pounds Proclamation money now remaining due and in Arrear to the said Earl Granville by Virtue of the afforesaid Articles of Agreement.

Also Pay and satisfie in manner aforesaid the Annual sum of four hundred Pounds like Proclamation money of North Carolina on the fifteenth day of April One thousand seven hundred and sixty two and One thousand seven hundred and sixty three respectively And from and after the fifteenth day of April One thousand seven hundred and sixty three aforesaid Pay to the said Earl Granville or his Receiver General as aforesaid after the rate of four hundred and fifty Pounds like Proclamation money for so long thereafter or until the full end and term of two years next after the end and determination of the said war with the said Cherokee Indians. And Likewise upon Lady day in every year after the Expiration of the said two years to be allowed from the end of the said war with the said Cherokee Indians Pay in like manner after the Rate of four shillings like Proclamation money for Each hundred acres of the said Three hundred Thousand acres of Land which the said Henry McCulloh shall reserve to his own proper use And in case the Quit Rents of any part or parcel of the said Lands so reserved by the said Henry McCulloh to his own use shall at any time be in arrear for the space of three years that each and every particular part or Parcel of Land the Quit Rents thereof shall be so in arrear for the said space shall be forfeited to the said Earl Granville his heirs and assigns And the Estate of the said Henry McCulloh therein and his heirs be determined and become Null and Void And the said Earl Granville his heirs and assigns may grant and dispose of the same in the same manner as if the same had never been granted to the said Henry McCulloh

Item That the said Henry McCulloh his heirs & assigns shall and will survey and lay out the aforesaid quantity of Three hundred thousand Acres out of the said four hundred and seventy five thousand Acres of Land within the said two years next after the said war with the said Cherokee Indians shall cease and determine in manner following to wit Such parts thereof as the said Henry McCulloh hath already sold or shall sell within the said time to any person or persons now actually residing on the particular parcell of Land which he hath or shall purchase to be laid out as the said Henry McCulloh or such person or persons shall think proper but not in parcels of less quantity than two hundred acres. And all

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such Tracts or Parcels of the said Lands as the said Henry McCulloh shall survey and lay out other than the aforementioned to contain One Thousand Acres each at least be in Breadth one third of the Length and by Lines East West North and South And the Surveyor whom the said Henry McCulloh shall Appoint to lay out the same shall be a person of Probity And before he proceeds therein be approved of by the Receiver General of the said Earl Granville and take an Oath before some Magistrate to lay out the same Justly and Impartially And that the said Henry McCulloh shall and will before the expiration of the aforesaid two years cause an accurate Plan of each survey so to be made to be delivered to the said Receiver General with the names of Each Person to whom he hath sold any part thereof and an account of the Particular quantity of acres he Possesses. And it is agreed by and between the said Parties to these presents that the said Henry McCulloh shall have his Election of the Lands so by him to be laid out.

Item That the said Henry McCulloh or his assigns on or before the Expiration of the said two years next after the end or determination of the said war with the said Cherokee Indians shall and will by good and sufficient Deeds and Conveyances in Law surrender transfer and convey to the said Earl Granville his heirs and assigns all the Right Title Interest Claim and demand of him the said Henry McCulloh in and to the remaining one hundred and seventy five thousand acres of the said four hundred and seventy five thousand Acres of Land and also of in and to all and every part of the said three hundred thousand acres of Land which the said Henry shall neglect to Survey and lay out in manner herein before mentioned within the time afforementioned—

Item And that the said Henry McCulloh and his heirs and all and every person or persons who shall hold or possess any part of the said Three hundred thousand acres of Land under the said Henry McCulloh by Mesne Conveyance or otherwise shall within the said two years after the end of the aforesaid war attorn as Tennants to the said Earl Granville his heirs or assigns either at his House in Arlington street Westminster or in the said Province of North Carolina for the payment of their respective Quit Rents after the rate of four shillings Proclamation of North Carolina for every hundred acres of the said Land in every year.

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It Witness whereof the said Partys to these presents have hereunto set their hands and seals the day and year first above written.

Signed
GRANVILLE [Seal]
Signed
HENRY McCULLOH [Seal]
Sealed and delivered (being first duly Stampt) in Presence of
Robert Jones Junr
John Clement
Jonathan Collins

Halifax July 17. 1761 The above Deed from Earl Granville and Henry McCulloh was duly proved before me by the Oath of Robert Jones Junr one of the witnesses thereto—

Signed
STEPHEN DEWEY J: S: C
Let it be Registered
Signed
STEPHEN DEWEY J: S: C

Recorded in the Secretary's Office the 25 July 1761