ACT FOR SURRENDER OF THE TITLE. country aforesaid, and all others the premises, (saving as therein is mentioned,) to have, hold, possess, and enjoy, the said country, isles, islets, and all and singular, other the premises, to them the said Edward, Earl of PROPRIETARY 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 assigns forever, to be holden of his late said Majesty, his heirs and successors, as of his mannor of East Greenwich in the county of Kent, in free and common soccage, and not in capite, or by knight's service: And whereas, his late said Majesty King Charles the second, by other letters patent, under the great seal of England, bearing date the thirtieth day 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, Second Patent. 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 assigns, all that Province, territory or tract of ground, situate, lying, and being within his said late Majesty's Dominions of America, extending North and Eastward, as far as the North end of Carahtuke River or Gullet, upon a strait Westerly line to Wyonake Creek, which lies within or about the degrees of thirty six and thirty minutes North Latitude, and so West in a direct line as far as the South Seas, and South and Westward, as far as the degrees of twenty-nine inclusive, Northern latitude, and so West in a direct line, as far as 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 or islets situate or being within the bounds or limits aforesaid last before, with the fishing of all sorts of fish, whales, sturgeons, and all other royal fishes in the seas, bays, islets, and rivers, within the Premises, and the fish therein taken, together with the 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 Province, territory, islets and limits aforesaid, and furthermore the patronages and advowsons of all churches and chappels, which as Christian religion should increase within the Province, territory, isles and limits aforesaid, should happen thenafter 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, priviledges, prerogatives, royalties, liberties, immunities and franchises of what kind soever, within the territories, isles, islets, and limits aforesaid, to have, hold, use, exercise and enjoy the same, as amply and fully and in as ample manner, as any Bishop of Durham in the Kingdom of England ever thentofore 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 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 assigns, the true and absolute Lords and Proprietors of the said Province or territory, and of all other the premises, (saving as therein is mentioned,) to have, hold, possess and enjoy the said Province, territory, islets, and all and singular other the premises, to them the said Edward, Earl of Clarendon, George, ACT FOR SURRENDER OF THE Present Duke of Albemarle, William, Earl of Craven, John, Lord Berkley, Anthony, Lord Ashley, Sir George Carteret, Sir John Colleton and Sir William BerkPROPRIETARY ley, their heirs and assigns forever, to be holden of his said Majesty, his heirs TITLE. and successors, as of his mannor of East Greenwich aforesaid, in free and common soccage, and not in capite, or by Knight's service, as in and by the said several late recited letters patent, relation being thereunto had, may appear; And whereas, the part, share, interest and estate of the said Edward, late Earl of Clarendon, of and in the Provinces, territories, islets, hereditaments and premises, in and by the said several recited letters patent granted and comprised, is now come unto and vested in the Honorable James Bertie, of the Parish of St. John the Evangelist, in the liberty of Westminister, in the county of Middlesex, Esquire, of his own Right; and the part, share, interest, and estate, of the said George, late Duke of Albemarle, of and in the same premises, is come unto and vested in the most noble Henry now Duke of Beauford, and in the said James Bertie, and the Honourable Dodington Greville, of Bulford, in the county of Wiltz, Esquire, the two surviving Devisees, named in the will of the most noble Henry late Duke of Beauford, in trust for the present Duke of Beauford, and for the right honourable Charles Noell Somerset, his brother, an infant; and the part, share, interest, and estate of the said William, late Earl of Craven, of and in the same premises, is come unto and vested in the right Honourable William now Lord Craven; and the part, share, interest and estate, of the said John late Lord Berkley, of and in the same premises, is now come unto and vested in Joseph Blake, of the Province of South Carolina, in America, Esquire; and the part, share, interest and estate of the said Anthony, late Lord Ashley, of and in the same premises, is now come unto and vested in Archibald Hutcheson, of the Middle Temple, London, Esquire, (in trust for John Cotton of the Middle Temple, London, Esquire,) and the part, share, interest and estate of the said late Sir John Colleton, of and in the said premises, is now come unto and vested in Sir John Colleton, of Exmouth, in the county of Devon, Baronet; and the part, share, interest and estate of the said late Sir William Berkley, of and in the same premises, is now come unto and vested in the Honourable Henry Bertie, of Dorton, in the county of Bucks, Esquire, or in Mary Danson, of the Parish of St. Andrews, Holbourne, in the county of Middlesex, Widow, or in Elizabeth Moor, of London, Widow, some or one of them; and the said Henry now Duke of Beauford, and the said James Bertie and Dodington Greville, as trustees in manner aforesaid, some or one of them, is or are seized in fee of and in one full undivided eighth part, (the whole into eight equal parts to be divided) of the premises, in and by the said recited letters patent, granted and comprized; and the same James Bertie, in his own Right, is now seized in fee, or of some other estate of inheritance, of and in one other full undivided eighth part; and each of them the said William Lord Craven, Joseph Blake, Archibald Hutcheson, as trustee for the said John Cotton, Sir John Colleton, and the said Henry Bertie, Mary Danson, and Elizabeth Moor, some or one of them, is or are respectively seized in fee, or of some other estate of inheritance, of and in one other full undivided eighth part, of and in the said Provinces, territories, and premises, islands, and hereditaments; the remaining eighth part or share of and in the said Provinces, territories and premises, which formerly belonging to the said Sir George Carteret, being now vested in the right Honourable John Lord Carteret, Baron of Hawes, his majesty's Lieutenant General and Governour of the Kingdom of Ireland; And whereas, by a Judgement or Order of the House of Lords, made the twenty-seventh day of March, last past, upon the appeal of the said Mary Danson, Widow SURRENDER PROPRIETARY TITLE. of John Danson, Esquire, deceased, from a decree of the high Court of ACT FOR Chancery, made the seventh day of November one thousand seven hundred and twenty-one, and from a subsequent order of the fifteeth day of January, one thousand, seven hundred and twenty-three, it was ordered and adjudged, that the said decree and subsequent order, complained of in the said appeal, should be reversed; and it being offered on the part of the appellant, to pay the respondent, the said Henry Bertie, the money that he paid for the purchase of the Proprietorship, in question in the said cause, together with interest for the same, it was thereby further ordered, that the Court of Chancery should direct and cause an enquiry to be made, what was the principal sum of such purchase money, and from the time of payment thereof, to compute the interest for the same; and on the appellant's payment of what shall be found due for such principal money and interest, to the said Henry Bertie, it was further ordered and adjudged, That he shall convey the said Proprietorship, to her and her heirs, and also that the respondent Elizabeth Moor, should likewise by proper conveyances, at the charge of the appellant, convey all her Right to the said Proprietorship, to the appellant, and her heirs; And whereas, since the Grants made by making of the said recited several letters patent, the Lords Proprietors of the Proprietors. the Provinces and Territories aforesaid, for the time being, have made divers grants and conveyances, under their common seal, of several Offices, and also of divers parcels of land, situate within the said Provinces and territories, to several persons, under certain quit-rents, or other rents, thereby respectively reserved, and subject to several conditions, limitations or agreements, for avoiding or determining the estates of the Grantees therein mentioned, some of which may have become forfeited, and have also made divers grants of several Baronies, or large tracts of land, lying within the said Provinces or Territories, unto and for the use and benefit of several of the Lords Proprietors, or those under whom they claim to be held and enjoyed by them and their heirs in severalty; eight of which Baronies, so granted as aforesaid, do now remain vested in the said Henry now Duke of Beauford, or in the said James Bertie and Dodington Greville, as trustees for the purposes aforesaid, or in some or one of them; eight other of the said Baronies in the said William Lord Craven; six of the said Baronies in the present Sir John Colleton; six other Baronies in the said Archibald Hutcheson, (as trustee for the said John Cotton;) and six other Baronies in the said Joseph Blake; each of the said Baronies containing or being mentioned or intended to contain twelve thousand acres of land, or thereabouts, except one of the said Baronies now vested in the said William Lord Craven, which contains, or is mentioned to contain eleven thousand acres of land or thereabouts; And whereas, the said Henry, now Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutcheson, (who is Proposals of trustee for the said John Cotton, as aforesaid,) being six of the present surrender Lords Proprietors of the Province and territory aforesaid, have by their humble petition, to his Majesty in Council, offered and proposed to surrender to his Majesty, their said respective shares and interests, not only of and in the said Government, Franchises and Royalties, in and by the said recited letters patent granted, but also all the right and property they have in and to the soil in the aforesaid Provinces or territories, under the said several recited letters patent, or either of them; and also did further propose to make an entire surrender to his Majesty of their right to all the lands which they hold under the said grants, made by the Lords Proprietors as aforesaid, (except only one Barony, belonging to the present Sir Exception. John Colleton, which hath been settled and improved by his son) and also to ACT FOR SURRENDER OF THE TITLE. Conditions of surrender to the King. all their right and interest in all lands, granted and conveyed to other persons as aforesaid, which, by not being improved within the time limited PROPRIETARY in the said grants or conveyances, or for any other reason, would revert to them, praying; That in consideration of such surrender, his Majesty would be pleased to direct, and to cause to be paid to each of them, the said Henry Duke of Beauford, William Lord Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutcheson, the sum of two thousand five hundred pounds a-piece, without any deduction; And whereas, Samuel Wragg, of London, Merchant, being duly authorized by letter of Attorney, under the hand and seal of the said Joseph Blake, bearing date the eleventh day of July, one thousand seven hundred and twenty-eight, hath proposed for and on the behalf of the said Joseph Blake, to surrender and convey unto his Majesty, his heirs and sucessors, all the estate, right and interest of the said Joseph Blake, in and to the premises, upon payment of the like sum of two thousand five hundred pounds, to the said Joseph Blake, without any deduction; And whereas, they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton and Archibald Hutcheson, who is a trustee for the said John Cotton as aforesaid, have laid before a Committee of the Lords of his Majesty's most honourable privy council, an estimate of all the Arrears of quit rents and other rents, and sum and sums of money now due and owing to them and the said Joseph Blake, and to the said John, Lord Carteret, which estimate, as computed, amounts to the sum of nine thousand five hundred pounds; and they the said Henry, Duke of Beauford, William,, Lord Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutcheson, have likewise humbly proposed; That if his Majesty would please to allow the sum of five thousand pounds for the said arrears, (over and above the said several sums of two thousand five hundred pounds, to paid to them respectively) they were willing to assign and make over to his Majesty, the right and title to the said arrears, and all other demands whatsoever, which they have or can have, upon the farmers, tenants or inhabitants of the Provinces or territories aforesaid, or of any of them; And whereas, the said Samuel Wragg, for and on the behalf of the said Joseph Blake, hath proposed to assign to his Majesty, all the right and interest of the said Joseph Blake, in and to the said arrears and demands, upon the terms aforesaid; And whereas his Majesty, taking into his royal consideration the great impor tance of the said Provinces and territories, to the trade and navigation of this kingdom, and being desirous to promote the same, as well as the welfare and security of the said Provinces and territories, by taking them under the more immediate Government of his Majesty, his heirs and successors, hath been graciously pleased to accept of the said several proposals, and to agree to the same, with such variations as are hereinafter mentioned; And whereas, from the nature of the respective estates and interests, proposed and agreed to be surrendered to his Masjesty as aforesaid, great difficulties may arise in the manner of conveying the same, and it is just and necessary that the parts and shares of the said Provinces and territories, so proposed and agreed to be surrendered, should be secured, to his Majesty, his heirs and successors, which cannot effectually be done and attained without the authority of Parliament; BE IT ENACTED, by the King's most excellent Majesty, by and with the consent and advice of the Lords spiritual and temporal, and Commons in this present Parliament assembled, and by the authority of the same, 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 Beauford, William Lord Craven, James Bertie, ACT FOR SURRENDER OF THE TITLE. Exceptions. Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, Sir John Colleton, Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, and each of them, of and in the aforesaid PROPRIETARY Provinces or territories, called Carolina, and all and singular the royalties, franchises, lands, tenements, and 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, deceased, and Sir William Berkley, and their heirs and assigns, as aforesaid, with their and every of their rights, members, and appurtenances, and also all such powers, liberties, authorities, jurisdictions, preeminences, licenses, and priviledges, as they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson, Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, every or any of them, can or may have, hold, use, exercise or enjoy, by virtue of, or under the said recited letters patent, or either of them, and also all and singular Baronies, tracts, and parcels of land, tenements and hereditaments, which they the said Henry, Duke of Beauford, William, Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danson and Elizabeth Moor, the present Sir John Colleton, the said Archibald Hutcheson, as trustee for the said John Cotton, and Joseph Blake, any or either of them, are or is seized or possessed of, or entitled unto, within the said Provinces or territories; except all such tracts of land, tenements and hereditaments, as have been at any time before the first day of January, one thousand, seven hundred and twenty seven, granted or conveyed by, or comprised in any grants, deeds, instruments or conveyances, under the common seal of the said Lords Proprietors, either in England, or in the Provinces aforesaid; and also, except all such plantations and lands as are now in the possession of the said Joseph Blake, his under tenants or assigns, by virtue of grants formerly made by the said Lords Proprietors of the said Provinces, for the time being, to other persons, and since conveyed to, or vested in the said Joseph Blake; And also, except all that Barony and tract of land containing twelve thousand acres or thereabouts, the possession whereof hath some time since been delivered by the present Sir John Colleton, unto Peter Colleton, Esquire, his second son; and all that other Barony or tract of land, containing twelve thousand acres or thereabouts, some time since conveyed by Sir John Tyrrel, Baronet, (formerly owner of the said eighth part or share now belonging to the said Archibald Hutcheson, as trustee for the said John Cotton,) to William Wight, Esq. and his heirs: Provided, that the before mentioned exceptions or any of them, shall not include or extend to any lands, comprised in any grant or grants, made either in England or Carolina, under the common seal of the Lords Proprietors for the time being, which since the making such grant or grants, have become forfeited by virtue of any clauses contained therein, or to any of the Baronies, herein before recited or mentioned to be still remaining and vested in the said Henry, Duke of Beauford, and in the said James Bertie and Dodington Greville, as trustees, some or one of them, and in the said William, Lord Craven, the present Sir John Colleton, and the said Archibald Hutcheson, as trustee for the said John Cotton, respectively, nor to any rents, services, seigniories, or rights to escheats, reserved upon, or incident to any such grant or grants, or any lands or estates thereby granted, all such forfeited lands, and all such rents, seigniories, and rights of escheat, VOL. I.-9, |