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Deed to transfer seven eighths of Carolina from John Carteret, Earl Granville to George II, King of Great Britain, including cover letter from Thomas Pelham-Holles, Duke of Newcastle to the Board of Trade of Great Britain
Carteret, John, Earl Granville, 1690-1763
September 17, 1744
Volume 11, Pages 79-101

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[B. P. R. O. So: Carolina B. T. Vol: 13. h. 44.]


White Hall. October 26th 1744.

My Lords,

I send your Lordships herewith, by His Majesty's Order a printed Copy of the Grant and Release from His Majesty, under the Great Seal of this Kingdom, of one eighth Part of Carolina to my lord Carteret (now Earl of Granville) and also of the surrender of seven eighth Parts of Carolina from my lord Granville to His Majesty: which His Majesty has commanded me to transmit to your Lordships for your Information, and Direction.

I am
My Lords
your Lordsps
most obedient
humble servent
HOLLES NEWCASTLE.

[Endorsed]

Recd Novber 6th 1744

Read —— 7th 1744.

[B. P. R. O. So. Carolina B. T. Vol. 13. h. 45.]
GRANT AND RELEASE
OF
ONE EIGHT PART
OF
CAROLINA
FROM
HIS MAJESTY
TO
LORD CARTERET

22. pp. Printed.

[Indorsed.]

Received Novr 6th 1744
with the Duke of Newcastles' letter
dated 26th Oct. 1744.

N. B. The above has been reprinted from the revised Statutes of North Carolina Vol. II. p. 15 in the Colonial Records of North Carolina Vol. IV. pp. 655—663, and is therefore omitted here.—W. N. S.

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[B. P. R. O. So. Carolina. B. T. Vol: 13. h. 45.]
Surrender of seven eight parts of Carolina from Lord Carteret to His Majesty.

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 1744. Between our said Sovereign Lord the King's most excellent Majesty of the one part; and the Right Honourable John Lord Carteret of the other part. Whereas His late Majesty King Charles the second by his Letters Patent, under the Great Seal of Great Britain, bearing date at Westminster the 24th day of March, in the fifteenth year of his reign, did grant and confirm unto Edward then Earl of Clarendon, George then Duke of Albemarle William then Lord Craven, John then Lord Berkley, Anthony then Lord Ashley, Sir George Carteret Knt: and Bart: Sir William Berkley and Sir John Colleton Knt: and Bart: all since deceased, their Heirs and Assignes All that Territory or Tract of Ground situate lying, and being within his said late Majesty's Dominions in America, extending from the North End of the Island called Lucker Island which lyeth in the Southern Virginia Sea and within 36. Degrees of the Northern Latitude and to the West as far as the South Seas and so Southerly as far as the River St Mathias, which bordereth upon the Coast of Florida, and within 31. Degrees of Northern Latitude, and so West in a direct Line as far as the South Sea aforesaid; together with all and singular Ports, Harbours, Bays, Rivers, Isles, and Islets belonging unto the country aforesaid; and also all the soil, lands, fields, Woods, mountains, farms, lakes, rivers, Bays and Islets, situate or being within the Bounds and Limits aforesaid, with the fishing of all sorts of fish, Whales and Sturgeons, and all other Royal Fishes, in the Sea, Bays, Islets, Rivers within the Premisses and the fish therein taken: And moreover all Veins, Mines, Quarries as well discovered as not discovered of Gold, Silver, Gems and Precious Stones, and all other whatsoever, whether of Stones, Metals, or any other Thing whatsoever found or to be found within the Country Islets and Limits aforesaid And also all the patronage and advowsons of all Churches and Chappels

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which as the Christian Religion should increase within the Countries Isles Islets and Limits aforesaid shall happen then after to be erected Together with License and Power to build and found Churches, Chappels and Oratories in convenient and fit places within the said Bounds and Limits and to cause them to be dedicated and consecrated according to the Ecclesiastical Laws of the Kingdom of England Together with all and singular the like and as ample Rights, Jurisdictions, Privileges Prerogatives, Royalties, Liberties, Immunities and Franchises of what kind soever, within the country, Isles, Islets and Limits aforesaid To Have, Use, exercise and enjoy and in as ample manner as any Bishop of Durham in the Kingdom of England ever theretofore had held used or enjoyed or of Right ought or could have, use or enjoy: And His said late Majesty did thereby for Himself, his Heirs and Successors make create and constitute the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret Sir William Berkley, and Sir John Colleton their Heirs and Assignes the true and absolute Lords and Proprietors of the Country aforesaid and of all other the Premisses (saving always the Faith, Allegiance and Sovereign Dominion due to His said Majesty, His Heirs and Successors for the same) To Have, Hold Possess, and enjoy the said Country, Isles Islets and all other the Premisses, to them the said Edward Earl of Clarendon, George Duke of Albemarle, William Lord Craven, John Lord Berkeley, Anthony Lord Ashley, Sir George Carteret Sir William Berkley and Sir John Colleton their Heirs and Assignes for ever, to be holden of His said late Majesty His Heirs and Successors, as of his Manor of East Greenwich in the County of Kent in free and common Soccage and not in Capite, or by Knight's Service; Yielding and paying yearly to His said Majesty His Heirs and Successors for the same, the fourth part of all Gold and Silver Ore within the Limits aforesaid which should from time to time happen to be found, the yearly Rent of Twenty Marks.

And Whereas his said late Majesty King Charles the second, by other Letters Patent, under the Great Seal of England bearing date the 30th of June in the seventeenth year of His Reign reciting the Letters Patent Herein first recited, did grant unto the said Edward Earl of Clarendon, George Duke of Albemarle William

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Lord Craven, then Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William Berkley, their Heirs and Assignes All that Province, Territory or Tract of Ground situate lying and being within His late Majesty's Dominions of America extending North and Eastward as far as the North End of Carrahtuck River or Gullet upon a strait Westerly Line to Wyonoake Creek which lies within or about the Degrees of 36. and 30. Minutes Northern Latitude, and so West in direct Line as far as the South Seas, and South and Westward as far as the Degrees of 29. inclusive Northern Latitude and so West in a direct Line to the South Seas; together with all and singular Ports, Harbours, Bays, Rivers, and Islets, belonging unto the Province or Territory aforesaid, and also all the soil, lands, fields woods farms, lakes, rivers, bays, and islets situate or being within the Bounds or Limits last before mentioned, with fishing of all sorts of fish, Whales, Sturgeons, and all other Royal fishes in the Sea, Bays, Islets and Rivers within the Premisses and the Fish therein taken together with Royalty of the Sea upon the Coast within the Limits aforesaid and all Veins, Mines and Quarries as well discovered as not discovered of Gold, Silver, Gems and Precious Stones, and all other whatsoever be it of Stones Metals or any other things found or to be found within the Premisses, Territory Islets and Limits aforesaid And furthermore the Patronages and Advowsons of all Churches and Chappels which as the Christian Religion should increase within the Province, Territory Isles and Limits aforesaid should happen then after to be erected, together with License and Power to build and found Churches, Chappels and Oratories in convenient places within the said Bounds and Limits and to cause them to be dedicated and consecrated according to the Ecclesiastical Laws of the Kingdom of England, together with all and singular the like as ample Rights, Jurisdictions Privileges Prerogatives, Royalties, Liberties, Immunities and Franchises of what kind soever, within the Territories Isles Islets and Limits aforesaid To Have, Hold, use aud exercise and enjoy the same as amply and fully and in as ample a Manner as any Bishop of Durham, in the Kingdom of England ever theretofore had held used or enjoyed or of Right ought or could have, use or enjoy, and His said late Majesty did thereby for himself his Heirs and Successors make create constitute and appoint the said Edward Earl of Clarendon,
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George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley Sir George Carteret, Sir John Colleton and Sir William Berkley their Heirs and Assigns the true and absolute Lords Proprietors of the said Province or Territory and of all other the Premisses saving always the Faith Allegiance and Sovereign Dominion to His said late Majesty His Heirs and Successors for the same: To Have, Hold, posses and enjoy the said Province Territory Islets and all and singular other the Premisses to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assigne's for ever To be Holden of His said Majesty his Heirs and Successors as of the Manor of East Greenwich aforesaid in free and common Soccage and not in Capite or by Knight's service Yielding and Paying to His said Majesty His Heirs and Successors for the same the fourth part of all Gold and Silver Ore which within the Limits aforesaid should happen to be found.

And His said late Majesty King Charles the second did by the said several Letters Patent or one of them grant to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes full and absolute Power to make and publish Laws either appertaining to the publick state of the said Provinces or to the private Utility of particular Persons with the assent of the Freemen of the said Provinces or of their Delegates and for that Purpose to assemble them in such manner and form as to them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkeley their Heirs and Assignes should seem best and the same Laws duly to execute on all the people within the said Provinces and Limits thereof by Imposition of Penalties Imprisonment or any other punishment and if needful by taking away Members or Life either by them the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven, John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes or by them or their Deputies Lieutenants Judges

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Justices Magistrates or Officers whatsoever as well within the said Province as at Sea in such manner and form as unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley and their Heirs shall seem most convenient; Also to remit release pardon and abolish whether before Judgement or after, all Crimes and offences whatsoever against the said Laws and to do all and every other Thing and Things which unto the compleat establishment of Justice unto Courts Sessions and Forms of Judicature and Manner of proceedings therein do belong altho' in the said Letters Patents express mention is not made thereof and by Judges by him or them delegated to award Process hold Pleas and determine in all the said Courts and Places of Judicature, all Actions Suits and Causes whatsoever as well criminal as civil real mixed personal or of any other kind or nature whatsoever. And because such Assemblies of Freeholders could not be so conveniently called as there might be occasion to require the same His said Majesty did further grant to the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes by themselves or their Majestrates full power to make and ordain fit ordinances within the said Provinces as well for keeping the Peace as for the better Government of the People.

And His said Majesty did further grant unto the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assignes full Power to make and erect within the said Provinces and the Isles and Islets aforesaid such Sea-Ports Harbours Creeks and with such Jurisdictions Privileges and Franchises to them belonging as to them shall seem convenient and to have and enjoy the customs and Subsidies therein payable for Goods and Merchandizes there laded to be reasonably assessed by themselves with the consent of the Free People there.

And Further His said Majesty did grant to the said Edward Earl of Clarendon, George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and

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Assigns full power to confer upon the Inhabitants of the said Province such Marks of Favour and Titles of Honour as they should think fit so as the Titles be not the same as are enjoyed by or conferred upon any of the subjects of England. And also power to raise and build Forts Castles, Cities Boroughs Towns Villages and other Fortifications and furnish the same with all Ordnance Powder Shot Armour and all other Weapons Ammunition Habilaments of War both Defensive and Offensive as shall be thought fit and convenient for the safety and welfare of the said Province and Places or any Part thereof and to dismantle and demolish the same and appoint Governors Deputy Governors Magistrates Sheriffs and other Officers Civil and Military and to the said Cities Boroughs Towns Villages or any other Place or Places within the said Province or Territory to grant Letters or Characters of Incorporation with all requisite and usual Liberties Franchises and Privileges and to appoint therein Fairs and Markets and to make and erect Manors and Courts—Baron and Courts-Leet for the Conservation of the Peace and better Government of the said Provinces And also full power to levy muster and train all sorts of Men of what condition and wheresoever born within the said Provinces and to make War by Land and Sea and to all and every thing which belongs to the office of a Captain General of an Army and to exercise Martial Law in as ample manner as any Captain General of an Army by virtue of his office might or has accustomed to use the same.

And His said Majesty did further grant to the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven John Lord Berkley Anthony Lord Ashley Sir George Carteret Sir John Colleton and Sir William Berkley their Heirs and Assigns full power from time to time for ever to assign alien grant or enfeoff the Premisses to such Persons as they should think fit To Hold in Fee simple or Fee Tail or for Term of Life or Lives or Years to be held of them and their Assignes by such Rents Services and Customs as shall seem fit to them and not of His said Majesty His Heirs and successors the Statute of Quia Emptores Terrarum or any other Statute Cause or Thing notwithstanding as in and by the said several recited Letters Patents. Relation being thereunto had, may appear.

And Whereas the respective parts Shares Interests and Estates

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of the said Edward Earl of Clarendon George Duke of Albemarle William Earl of Craven, John Lord Berkley Anthony Lord Ashley Sir John Colleton and Sir William Berkley of and in the Provinces Territories Islets Hereditaments and Premisses in and by the said several recited Letters Patent, granted and comprized did come unto and vest in Henry Duke of Beaufort William late Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson Elizabeth Moor, Sir John Colleton, Archibald Hutchinson, John Cotton and Joseph Blake or some or one of them and the Part Share Interest and Estate of the said Sir George Carteret of and in the same Premisses did come unto and vest in the said John Lord Carteret.

And Whereas the said Henry now Duke of Beaufort William late Lord Craven James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutchinson who was Trustee for the said John Cotton being six of the Lord Proprietors of the Provinces and Territories aforesaid did by their humble Petition to His Majesty in Council propose to surrender to His majesty their several and respective Shares and Interests not only of the said Government Royalties and Franchises in and by the said Recited Letters Patents granted but also all the Right and Property they had in and to the Soil in the aforesaid Provinces or Territories under the said several recited Letters Patents or either of them and also to make an entire Surrender to His Majesty of their Right to all the Lands which they held under the Grants made by the said Lords Proprietors (except as therein is excepted) praying that in consideration of such surrender, his Majesty would be pleased to direct and cause to be paid to each of them the sum of 2500l. a piece without any Deduction and Samuel Wragg of London Merchant, did on the Behalf and by the direction of the said Joseph Blake propose to surrender and convey to His Majesty His Heirs and Successors all Estate, Right and Interest of the said Joseph Blake in and to the Premisses upon payment of the like sum of 2500l. to the said Joseph Blake without any Deduction. And Whereas the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutchison who is a Trustee for the said John Cotton laid before a Committee of His Majesty's most Hon: Privy Council an Estimate of all the Arrears of Quit Rents and other Rents and Sum and Sums of money then due and owing

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to them and the said Joseph Blake and the said John Lord Carteret which Estimate amounted to the Sum of 9500.l. and they the said Henry Lord Beaufort William Lord Craven James Bertie Henry Bertie Sir John Colleton and Archibald Hutchinson did likewise humbly propose and the said Samuel Wragg for and on the behalf of the said Joseph Blake did likewise propose that if His said Majesty would please to allow the sum of 5000l. for the said arrears (over and above the said several Sums of 2500.l. to be paid to them respectively) they were willing to assign over to His Majesty their Right and Title to the said arrears and all other demands whatsoever which they had or could have upon the Farmers, Tenants or Inhabitants of the Provinces or Territories aforesaid or any of them and which said several Proposals His Majesty was pleased to accept and agree to.

And Whereas by an Act of Parliament made in the second year of His said present Majesty's Reign Entitled An Act for establishing an Agreement with seven of the Lords Proprietors of Carolina for the surrender of their Title and Interest in that Province to His Majesty reciting to the Effect herein before recited: It was enacted That all those seven undivided eighth parts (the Whole into eight equal parts or shares to be divided) and all other the part or share Parts or Shares, Interest and Estates of them the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson and Elizabeth Moor Sir John Colleton, Archibald Hutchison as Trustee for the said John Cotton and Joseph Blake and each of them of and in the aforesaid Provinces or territories called Carolinas and all and singular the Royalties Franchises Lands Tenements Hereditaments and premisses in and by the said several recited Letters Patent or either of them granted or mentioned or intended to be granted by His said late Majesty King Charles the Second to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton deceas'd and Sir William Berkley their Heirs and Assignes aforesaid with their and every of their Rights Members and Appurtenances And also such Powers Liberties and Authorities Jurisdictions Preeminences Licences and Privileges as they the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Doddington Greville, Henry Bertie, Mary Dawson and Elizabeth

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Moore the present Sir John Colleton the said Archibald Hutchinson as Trustee for the said John Cotton and Joseph Blake every or any of them could or might have hold use exercise or enjoy by virtue of or under the said recited Letters Patents or either of them (except as therein excepted) and the Reversions Remainders Rents Issues and Profits of the same Parts or Shares Baronies Lands Tenements Hereditaments and Premisses so as aforesaid proposed and agreed to be surrendered to his Majesty and of every part and parcel thereof should from and after the First Day of June in the year of our Lord 1729. be vested and settled and the same were thereby vested and settled in and upon the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and their Heirs to the use of them their Heirs and Assigns freed and discharged of and from all Estates Uses Trusts Entails Reversions Remainders Limitations Charges and Incumbrances whatsoever Nevertheless upon Trust to and to the Intent that they the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and the Survivors and Surviver of them and the Heirs of such Surviver upon payment by His Majesty His Heirs or Successors to the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton of the Sum of 17500.l. clear of all Deductions on or before the 29th Day of September 1729. should by Deed indented and to be enrolled in His Majesty's High Court of Chancery surrender convey and assure to His Majesty His Heirs and successors all and singular the said seven Eighths Parts or Shares (the Whole into eight equal parts to be divided) and all other the Parts and Shares Interests and Estates of and in the said Provinces or Territories and all and singular the Premisses thereby vested in them and their Heirs aforesaid which said Sum of 17500.l. should be applied and disposed of in such manner as by the said Act is particularly directed.

And it was by the said Act further enacted that from and after the payment of the said Sum of 5000.l. to the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton the Surviver or Survivers of them or the Executors or Administrators of such Surviver and after the Execution of the Grant and Assignment of the said Parts and Shares of the said Arrears by the said Act directed to be made His Majesty might have receive and enjoy the said seven Eighth Parts or Shares (the whole into eight equal parts to be divided) and all and every other Parts and Shares of the said

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Arrears of Quit-Rents and other Rents and Sums of Money thereby vested in the said Edward Bertie, Samuel Horsey, Henry Smith and Alexius Clayton and should and might have use and pursue such and the like Remedies for Recovery thereof as the said Henry Duke of Beaufort, William Lord Craven, James Bertie, Henry Bertie, Mary Dawson, Doddington Greville, Sir John Colleton, Archibald Hutchinson John Cotton and Joseph Blake any or either of them might have had used or pursued if the said Act had not been made And in and by the said Act there is contained a reservation to the said John Lord Carteret His Heirs Executors and Administrators or Assignes of all such Estate Right Title Interest Property Claim and Demand whatsoever in unto or out of one Eighth part or share of the said Provinces or Territories with all and singular the Rights Members and Appurtenances thereof and of in and to one Eighth part or share of all Arrears of Quit-Rents and other Rents Sum and Sums of Money Debts Duties Accounts Reckonings Claims and Demands whatsoever now due and owing to the present Lords Proprietors of the said Provinces and Territories and all such other Rights Privileges and Powers whatsoever as the said John Lord Carteret his Heirs Executors or Administrators then had or might have had or been entitled unto in case the said Act and the conveyances thereby directed to be made to His Majesty His Heirs or Successors or either of them had not been or should not be made as in and by the said Act of Parliament herein before recited, Relation being thereunto had, may amongst other things more fully appear.

And Whereas by Indenture Tripartite bearing date the 25th day of July in the year of our Lord 1729. 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 Esqre Samuel Horsey of Mortlake in the County of Surry Esqre, Henry Smith of Caversham in the County of Oxon Esqre, Alexius Clayton of the Middle-Temple London Esqre of the second Part and the most noble Henry Duke of Beaufort, the Honourable James Bertie of the Parish of St John the Evangelist in the Liberty of Westminster in the County of Middlesex Esqre the Honourable Doddington Greville of Bulford in the County of Wilts Esqre, the said Doddington Greville and

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James Bertie being the Devisees named in the last Will of the most noble Henry Duke of Beaufort deceas'd in Trust for the said Henry now Duke of Beaufort and for the Right Honourable Charles Noel Somerset Esqre commonly called Lord Charles Noel Somerset, his brother an Infant the Right Honourable William Lord Craven, Joseph Blake of the Province of South Carolina in America Esqre, Archibald Hutchinson of the Middle-Temple London Esqre, John Cotton of the Middle-Temple London Esqre, Sir John Colleton of Exmouth in the County of Devon Bart: the Honourable Henry Bertie of Dorton in the County of Bucks Esqre Mary Dawson of the Parish of St Andrew's Holbourn 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 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 Hutchinson John Cotton and Joseph Blake did ratify and confirm unto His said Majesty His Heirs and Successors the said seven undivided Eighth Parts (the whole into eight equal parts to be divided) and all other the Parts or shares Interests and Estates in and by the said 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 Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven Henry Bertie Mary Dawson, Elizabeth Moor, Sir John Colleton Party thereto, Archibald Hutchinson, John Cotton and Joseph Blake every or any of them of in and to the same To Hold the said seven undivided Eighth Parts (the whole into Eight equal
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parts to be divided) and all other the Premises thereby bargained sold and surrendered with 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 Hutchinson, 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 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, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton party thereto, Archibald Hutchinson, John Cotton and Joseph Blake and all the Arrears Shares and Sums of Money and Premisses in and by the said recited Act vested or intended to be vested in them the said Archibald Bertie, 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 Cotton party thereto Archibald Hutchinson, 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 Premisses therein last before granted bargained 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 Indentures, Relation being thereunto 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

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Patents and Act of Parliament herein before recited and that he is still entitled to one full undivided Eighth Part of the said Provinces and of all the Premisses granted by the said several Letters Patent and also of the arrears 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 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 for ever hereafter in severalty to the said John Lord Carteret his Heirs and Assignes together with all and every the same Royalties Powers Liberties Franchises and Privileges (the Government thereof and of the said Provinces of Carolina only excepted) as far as concerns such Eighth Part to be so allotted to the said John Lord Carteret, as he is intitled unto under the said Letters Patent and Act of Parliament in case such Division or Allottment 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 to said Petition to the Right Honourable the Privy Council for them to consider thereof and report the same with their opinions thereon to his Majesty in Council and which said Petition the said Lords of the Committee of his Majesty's most Honourable Privy Council did refer to the Right Honourable the Lord Commissioners for Trade and Plantations for them to examine the same and consider thereof and to report the same with their opinions 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 Honourable Privy Council offer as their opinion That it would be for his Majesty's service that the said Lord

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Carteret's Property should be seperated from that of His Majesty wherein the said 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 Lord Commissioner's conceived the Method proposed by the said Lord Carteret would be the most effectual, which said Report the said Lords of the Committee of his Majesty's most Honourable Privy Council having taken into their Consideration did agree in opinion with the said Lord Commissioner's for Trade and Plantations.

And Whereas the right honourable the Lords of the Committee of his Majesty's most Honourable Privy Council did on the 24th of August 1742. make their report thereupon to His Majesty reciting as herein last before is recited and that the said Lord Carteret's Property should be seperated from that of his Majesty and to that end the said Committee humbly proposed 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 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 Territories 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 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 Council learned in the Law Provided the said Lord Carteret should at the same time make a surrender to his Majesty of all his Pretentions 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

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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 said Majesty in Council was pleased to approve of.

And Whereas his said Majesty by his Order in Council bearing date the 15th Day of September in the year of our Lord 1742. 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 South and North Carolina or either of them as his Majesty should thereafter be pleased to direct should nominate and 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 was thereby 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 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 said 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'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 shall be advised by his Majesty's Council learned in the Law, provided that the said Lord Carteret should at the same time make a surrender to his Majesty of all his Pretentions 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

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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 allott 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 6th day of December in the year of our Lord, 1743. did certify that in pursuance of his Majesty's said Order in Council dated 15th day of September 1742. and of His Majesty's Royal Instructions thereupon given the 25th day of April 1743. they did immediately proceed to set out and allott to the said 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 Southerly as a Cedar Stake set upon the Seaside to the Latitude of 35 Degrees and 34. Minutes of North Latitude being six Miles and a half to the Southward of Chickimacomack Inlet from that Stake by a West Line which passed 25. 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 by his Majesty King Charles the Second which West Line went 1660 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 mark'd out and ascertained by the said Plan a true and exact Copy whereof is stamped on the fourth Skin of these Presents which said Return of the said Commissioners his Majesty was pleased by his Order in Council bearing date the twenty first of March last to refer to the said Lords of the Committee of his most Honourable Privy Council for them to consider thereof and report their opinion thereupon to his Majesty in Council.

And Whereas the said Right Honourable the Lords of the Committee of his Majesty's most Honourable Privy Council for Plantation affairs did upon consideration thereof by their Report to his

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Majesty in Council bearing date the last day of May last reciting such Orders, Reports and Proceedings upon the said Petition of 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 Sollicitor General to prepare the necessary Instruments or Deeds conformable to what is contained in the aforementioned Reports of the 15th of 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 all his Pretentions 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 Province.

And Whereas on the said 9th 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 thereunto 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 did thereby order that Mr Attorney and Mr Sollicitor 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 his Majesty's most gracious approbation of the said separating and setting out of the said one Eighth part of the said Provinces and Territories to the said Lord John Carteret as the same is separated set out and allotted to the said John Lord Carteret by the said Commissioners as aforesaid and in consideration of his Majesty's granting conveying and assuring unto the said John Lord Carteret the said one Eighth part of the said Provinces so divided set out and allotted to the said John Lord Carteret as aforesaid to be held in severalty by him the said John Lord Carteret his Heirs and Assignes for ever.

And also for and in consideration of his said present Majesty's granting and assigning unto the said John Lord Carteret all and every the arrears of Quit-Rents and other Sum and Sums of Money Debts Duties Account Reckonings Claims and Demands whatsoever which are now due and owing to his said present Majesty and to

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the said John Lord Carteret from the Farmers, Tenants and Inhabitants of the said one Eighth Part of the said Provinces or Territories so divided set out and allotted as aforesaid for the respective Lands and Tenements which are situate within and part of the said one Eighth Part of the said Provinces or Territories so divided set out and allotted as aforesaid He the said John Lord Carteret Hath granted bargain'd sold surrender'd released conveyed confirm'd and by these Presents Doth grant bargain sell surrender release convey and confirm unto his said Majesty his Heirs and Successors all the Estate Right Title and Interest of him the said John Lord Carteret of in and to the said seven Eighth Parts so separated and divided from the said one Eighth Part thereof and in the aforesaid Provinces or Territories called Carolina and of and in all and singular the Royalties Franchises Lands Tenements Hereditaments and Premisses in and by the said several recited Letters Patent or either of them granted or mentioned to be granted by his said late Majesty King Charles the Second to the said Edward Earl of Clarendon, George Duke of Albemarle, William Earl of Craven, John Lord Berkley, Anthony Lord Ashley, Sir George Carteret, Sir John Colleton deceas'd and Sir William Berkley, his Heirs and Assignes as aforesaid with their and every of their Rights Members and Appurtenances And also all Powers, Liberties, Authorities, Jurisdictions, Preheminences, Licences and Privileges with their and every of their Appurtenances and of in and to the Reversion and Reversions, Remainder and Remainders, Yearly and other Rents, Issues and Profits of the same seven Eighth Parts and Shares, of, into, and out of the Premisses and every part or parcel thereof; and also all the Estate, Right, Title, Interest, Property, Claim and Demand of him the said John Lord Carteret, in and to the same every and any part and parcel thereof, To Have and To Hold all the Estate, Right, Title and Interest of him the said John Lord Carteret, of, in and to the said seven Eighth parts; and all other the Part, Shares, Royalties, Franchises, Lands, Tenements, Hereditaments and Premisses, hereby granted, bargain'd, sold, released, and surrender with their and every of their Appurtenances, unto the King's Most Excellent Majesty his Heirs and Successors, To the Use and Behoof of his said Majesty his Heirs and Successors for ever. And the said John, Lord Carteret for the considerations aforesaid, hath granted, surrender'd, released and confirmed,
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and doth by these presents grant, surrender, release and confirm unto his said Majesty his Heirs and Successors, All his the said John Lord Carteret's Estate, Right, Title, Interest, Property, Claim and Demand of, in and to all and every or any the said powers of making Laws, calling or holding of Assemblies, erecting Courts of Justice, appointing Judges or Justices, pardoning Criminals of any nature, creating or granting Titles of Honour, making ports or Havens, taking Customs or Duties on goods laden or unladen, making and erecting Counties, Forts, Castles, Cities, or furnishing them with Habiliments of War, incoporating Cities, Boroughs, Towns, Villages, or any other place or places; raising, employing or directing the Militia, making War, or executing Martial War, exercising any of the Royal Rights of a County palatine and of doing, using or exercising any other the Prerogatives, Preheminences, Rights, Jurisdictions and Authorities of, belonging, or relating to the Administration of the government of the said provinces or either of them, as well in the said one Eighth so separated as aforesaid as the said other seven Eighths, To have And to Hold all his the said John Lord Carteret's Estate, Right, Title, Interest, Claim and Demand of, in, and to all and singular the said Powers, Authorities, Jurisdictions, Prerogatives, Preheminences and government and all other the said premisses last mentioned to the King's Most Excellent Majesty, his Heirs and Successors.

And This Indenture Further Witnesseth, That as well for the considerations aforesaid as for divers other good and valuable considerations to the said John Lord Carteret, he the said John Lord Carteret Hath granted, Bargained and sold, assigned and transferred and Set over and by these Presents Doth grant, Bargain and Sell, Assign, Transfer and set over his said Majesty, his Heirs and Successors, all the Right, Title, and Interest of him the said John Lord Cartet, of, in, and to all and every the Arrears of Quit Rents and other Sum and Sums of Money, which are at the Time of the Date of these Presents due and in Arrear to his Majesty, for all and every the Lands, Tenements, and Hereditaments included in the said seven Eighth Parts so divided from the said one Eighth allotted to the said John Lord Carteret, To Have, Hold, receive and Enjoy the same Arrears, Sums of Money, and Premisses herein last before granted, bargain'd and sold, and assigned unto his Majesty, his Heirs and Successors to and for his and their own Use

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and Benefit, And the said John Lord Carteret doth hereby for himself, his Heirs, Executors, and Administrators, covenant, promise, grant and agree to and with our said Sovereign Lord the King, his Heirs and Successors, in Manner and form following; (that is to say) That our said Sovereign Lord the King, his Heirs and Successors shall and may forever hereafter peaceably and quietly have hold and Enjoy all the Estate, Right, Title and Interest of him the said John Lord Carteret, of, in, and to the said seven Eighth Parts of, and in the said Provinces or Territories, and of, and in all and singular the said Royalties, Powers, Franchises, Lands, Tenements, Hereditaments and Premisses in the said recited Act, mention'd to be then vested in the said Henry Duke of Beaufort, James Bertie, Doddington Greville, William Lord Craven, Henry Bertie, Mary Dawson, Elizabeth Moor, Sir John Colleton, Archibald Hutchinson, John Cotton, Joseph Blake, or some or one of them with the appurtenances without any lawful Let, Suit, Trouble, Denial, Disturbance or Interruption of, or by the said John Lord Carteret or of or by any other Person or Persons lawfully claiming or to claim any Estate, Right, Title, Trust or Interest, either in Law or Equity of, into or out of the same Premisses, or any part thereof from, by or under or in Trust for the said John Lord Carteret, George Lord Carteret, deceas'd, Father of the said John Lord Carteret Party to these Presents, Sir Philip Carteret or the said Sir George Carteret, deceas'd, or any of them respectively and that free and clear of, from and against all and singular other Estates, Tithes, Troubles, Charges and Incumbrances whatsoever have made, done, committed, occasion'd or suffer'd by the said John Lord Carteret, George Lord Carteret deceas'd, Sir Philip Carteret deceas'd, or the said Sir George Carteret deceas'd, respectively or their respective Heirs or Assigns or by any other Person or Persons lawfully claiming or to claim, by, under, or in Trust for them respectively, or by, or with their or any of their Means, Consent, Act, Privity or Procurement except all such grants, Deeds, Instruments, and Conveyances under the common Seal of the said Lords Proprietors, Either in England or in the said Provinces made or executed at any Time before the First of January 1727, for the granting or conveying any Tracts of Lands, Tenements or Hereditaments within the said Provinces or either of them. And Moreover, That the said John Lord Carteret, and his Heirs, and all and every
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other Person and Persons having or lawfully claiming, or which shall or may have or lawfully claim any Estate. Right, Title or Interest of him the said John Lord Carteret (except as therein excepted) of, in, or to the said seven Eighth Parts of and in the said Provinces or Territories hereby or mentioned or intended to be hereby granted and surrender'd or any Part thereof, from, by, or under, or, in Trust for him or them shall and will from Time to Time or at any Time or Times hereafter, during the Space of seven years next ensuing the Date hereof upon due Notice and at the Costs and Charges in the Law of our said Sovereign Lord the King, His heirs or Successors, make, do, acknowledge, levy, suffer and execute and cause or procure to be made, done, acknowledged, levied, suffer'd or executed all and every such further and other lawful and reasonable Acts, Deeds and Things, Devises, Conveyances and Assurances in the Law whatsoever for the further, better, more perfect and absolute granting, conveying, surrendering and assuring the said seven Eighth Parts of and in the Provinces or Territories, hereby or mentioned or intended to be granted and surrended with their Rights, Members and Appurtenances unto our said Sovereign Lord the King, His Heirs and Successors, to his and their Use as by our Sovereign Lord the King, his Heirs or Successors or his or their Council learned in the Law, shall be reasonably advised or devised, or required so as such further Assurances contain in them no further, or other Warranty or Covenants against the Person or Persons, his or their Heirs who shall make the same and so as the Party or Parties who shall be requested to make such further Assurance or Assurances, be not compelled or compellable for making or doing thereof to go or travel further than the Cities of London and Westminster. And also that the said John Lord Carteret, his Heirs, Executors and Administrators, shall and will at any Time or times hereafter, within seven years from the Date hereof upon due Notice and at the Costs and Charges of our said Sovereign Lord the King, his Heirs or Successors do any further Act or Thing for the better enabling our said Sovereign Lord the King, His Heirs, Successors and Assigns to get in, recover and receive the said Arrears of Rent, Sum and Sums of Money, as by him or them or his or their Council, shall be reasonably advised or required, so as the said John Lord Carteret, his Heirs, Executors and Administrators be saved harmless and indemnify'd of, and for
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all Costs, Charges, Damages, and Expences, for or in respect thereof.

In Witness the said John Lord Carteret hath hereunto set his Hand and Seal the Day and year first above written.