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Order of the Privy Council of Great Britain concerning a land grant in Carolina for John Carteret, Earl Granville
Great Britain. Privy Council
May 09, 1744
Volume 11, Pages 75-78

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[B. P. R. O. So: Carolina. B. T. Vol: 13. H. 46.]

Order of the King in Council. At the Court at St James's
the 9th day of May 1744.
Present.
The Kings most Excellent Majesty in Council.

Upon reading at the Board a Report from the Right Honourable the Lords of the Committee of Council for Plantation Affairs dated this day in the words following vizt

In Obedience to your Majesty's Order in Council of the 21st of March last referring to this Committee a Return made by the Commissioners appointed in behalf of your Majesty as also of the Lord Carteret to sett out and allott to His Lordship one full eighth part of the Province of Carolina together with a Plan of the Lands so laid out and allotted to him by the said Commissioners—The Lords of the Committee have this day taken the said Return and Plan into Consideration and thought proper upon this occasion to look back into the several steps that have been taken upon this Affair—Whereupon their Lordships do humbly Report to your Majesty that they find Lord Carteret did sometime since present his humble Petition to your Majesty setting forth his Right under Letters Patents granted by King Charles the Second to one full undivided eighth part of the Provinces of Carolina and also of the arrears of Quit Rents and other dutys, Reckonings, Claims and Demands and humbly praying that his said eighth part of the soil of the said Province and Territorys might be set out and allotted to him in such part of the said Provinces and Territorys as should be agreed on between such persons as your Majesty should be pleased to appoint for your Majesty and such persons as the Petitioner should name on his part, to Have, Hold and Enjoy the same for ever hereafter in severalty to the Petitioner his Heirs and Assignes together with all and every the same Royaltys, Powers and Libertys 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 Petitioner as the Petitioner is entitled unto under the said Letters Patents and an act of Parliament passed in the second year of your Majesty's Reign for establishing an Agreement with seven of the Lords Proprietors of Carolina

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for the surrender of their Title and Interest in that Province to his Majesty in case such Division or Allottment was not or should not be made and under the like Quit Rents proportinably as is mentioned in the said Letters Patents according to the Petitioners Proportion or Eighth Part thereof, and thereupon the Petitioner humbly offered and proposed to surrender to your Majesty your Heirs and Successors his share and interest of and in the Government of the said Province or Territorys and to convey, release and confirm to your Majesty your Heirs and Successors the other seven Parts of the said Province—Which Petition being referred by your Majesty to this Committee their Lordships did on the 24th of August 1742 make their Report thereupon to your Majesty wherein they set forth that they had referred the said Petition to the Lords Commissioners for Trade and Plantations who had offered as their Opinion that it would be for your Majesty's service that the Lord Carteret's Property should be seperated from that of your Majesty wherein he should enjoy whatsoever he is 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 said Province the said Lords Commissioners conceived the Method proposed by the said Lord Carteret would be the most effectual and that upon consideration thereof this Committee did agree in Opinion with the said Lords Commissioners for Trade and Plantations that the said Lord Carteret's Property should be seperated from that of your Majesty and to that end this Committee humbly proposed that the respective Governors of South and North Carolina or either of them as your Majesty should be pleased to direct be ordered to nominate and appoint proper persons as Commissioners on your Majesty's behalf not exceeding five, who in conjunction with a like number of persons to be appointed by the Lord Carteret as Commissioners on his behalf should be empowered to set out and allott 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 Territorys as should be agreed upon by the Commissioners so to be appointed as aforesaid and that they should be required to make a return of their proceedings therein to your Majesty in Council within eighteen months after the date of your Majesty's Order to be made upon the said Report and also to lay before your Majesty a Plan containing
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a full and exact description of the said Lands together with the respective Boundarys thereof in order to your Majesty's signifying your Royal Pleasure (in case your Majesty should approve thereof) for conveying the same to his Lordship in such manner as should be advised by your Majesty's Counsel learned in the Law, Provided the said Lord Carteret should at the same time make a surrender to your Majesty of all his Pretentions to the Government of the said Provinces of Carolina and should Convey release and confirm to your Majesty your Heirs and Successors the other seven parts of the said Provinces and for the better Guidance of the Commissioners so to be appointed on your Majesty's behalf in the discharge of their duty herein the Committee conceived that it might be advisable for your Majesty by your order in Council to require the said Commissioners to follow and observe such directions and instructions as might be found necessary to be given them from time to time either by your Majesty or by those who act under your Majesty's Royal authority—Which Report of the Committee being laid before your Majesty in Council on the 15th of September 1742, your Majesty was pleased to approve thereof and to give the necessary directions for appointing Commissioners on your Majesty's behalf and to empower them (in conjunction with the Commissioners to be appointed by the Lord Carteret) to set out and allott to the said Lord Carteret one full Eighth Part of the said Provinces of Carolina and to require them to make a Return of their Proceedings therein to your Majesty in Council within 18. months of the date of your Majesty's said Order together with a Plan containing a full and exact discription of the said Lands with the Boundarys thereof Pursuant whereto the Commissioners appointed to lay out the said Lands as well on behalf of your Majesty as of the Lord Carteret have made the Return now referred by your Majesty to this Committee dated the 6th day of December 1743. together with the Plan of the Lands they have laid out and allotted to the said Lord Carteret whereby it appears that they have allotted to His Lordship one full Eighth part of the Provinces of Carolina in one entire separate District in the Province of North Carolina next adjoyning and contiguous to the Province of Virginia which eighth part is bounded to the North by the line in the said Plan that divides Carolina from Virginia to the East by the great Western
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Ocean commonly so called and as far Southerly as a Cedar Stake set upon the Sea side in the Latitude of 35. Degrees and Thirty four minutes of North Latitude being six miles and a half to the Southward of Cluckinacomack Inlet from that Stake by a West Line which passed twenty five feet to the Southward of the House where Thomas Wallis liveth and so West as far as the bounds of the Charter granted to the Lords Proprietors of Carolina by His Majesty King Charles the Second which West Line went within 1660 Poles to the North of the South end of Bath Town All which Boundarys are marked out and ascertained by the said Plan. Upon consideration whereof the Lords of the Committee do agree humbly to report as their Opinion that your Majesty may be pleased to approve of the said Return and Plan and 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 may be advisable for your Majesty to order your Attorney and Sollicitor General to prepare the necessary Instruments or Deeds conformable to what is contained in the aforementioned Reports approved by your Majesty on the 15th September 1742. 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 this day took the said Report into consideration and was pleased with the advice of his Privy Council to approve thereof and also of the said Return and Plan hereto annexed and of the allotment of Land thereby made to the said Lord Carteret for his one eighth part of the Provinces of Carolina.—And His Majesty doth hereby order that Mr Attorney and Mr Sollicitor General do prepare such Instruments or Deeds as are proposed by the said Report and present the same to His Grace the Duke of Newcastle His Majesty's principal Secretary of State who is to lay the same before His Majesty and to prepare a Warrant for His Majesty's Royal Signature in order to pass the Deed or Instrument for confirming the said Lands to the Lord Carteret under the Great Seal upon the said Lord Carteret's executing the Deed or Instrument of Surrender on his part.—

A true Copy.
W. SHARPE.