Page:Ruffhead - The Statutes at Large - vol 5.djvu/749

 A.D. 1729. Anno fecundo Georgii IT. C. 34. 711 ' computed, amounts to the Sum of nine thoufand five hundred Pounds ; and they the faid Henry Du!:e of ' Beaufort, WilliamLoi'd Craven, James Bertie, Henry Bertie, Sir John Colleton, and Archibald Hutchefon, have ' like wife humbly propofed, That, if his Majefty would pleafe to allow the Sum of five thoufand Pounds ' for the faid Arrears (over and above the faid feveral Sums of two thoufand five hundred Pounds, to be paid ' them reflectively) they were willing to affign and make over to his Majefty tlieir Right and Title to th ' Arrears and all other Demands whatfoever, which they have or can have upon the Farmers, Tenants or In- ' habitants of the Provinces or Territories aforefaid, or any of them : And whereas the faid Samu I Wragg, ' for and on the Behalf of the faid Jofeph Blake, hath propofed to afiign to his Majefty all the Right and ' tereft of thefaid Jofeph Blake in and ■ to the faid Arrears and Demam i n the Terms aforefaid : And 1 whereas his Majefty taking into his Royal Confideration the great Importance of the faid Provinces and ' Territories to the Trade and Navigation of this Kingdom, and being defirous to promote the fame, as well ' as the Welfare and Security of the faid Provinces and Territories, by taking them under th • more imme- ' diate Government of his Majefty, his Heirs and Succeflbrs, hath been gra I p eafed to accept of the ' faid feveral Propofals, and to agree to the fame, with fuch Variations as are herein after mentioned: And ' necefiary, that the Parts and Shares of the laid Provinces and Territi ropofed and agreed to be fur- ' rendred, fhould be fecured to his Majefty, his Heirs and Succefi'ors, which cannot effectually be attained ' without the Authority of Parliament : : Be it enacted by the King's moft Excellent Majefty, by and with the Advice and Confent of the Lords Spiritual and Temporal, and Commons, in this prefent Parliament aflem- blcd, and by the Authority of the fame, That all thofe feven undivided eighth Parts (the Whole into eight equal Parts or Shares to be divided) and all other the Part or Share, Part- r s, Intereft and Eftates of them the faid Henry Duke of Beaufort, William Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Da if on, and' Elifabeth Moor, Sir John Colleton, Archibald Hutchefon, as Truftee for the faid John Cotton, and jofeph Blake, and each of them, of and in the aforefaid Provinces or Territoiies called Carolina, and all and fingular the Royalties, Franchifes, Lands, Tenements, Hereditaments and Premifles in and by the faid feveral recited Letters Patents, or either of them, granted or mentioned or intended to be granted bv his faid late Majefty King Charles the Second, to the faid Edward Earl of Clarendon, George Duke of Albermarle, William Earl of Craven, John Lord Berkley, Anthony Lord AJhley, Sir George Carteret, Sir John Colleton, deceafed, and Sir William Berkley, their Heirs and Affigns as aforefaid, with their and every of their Rights, Members and Appurtenances, and alfo all fuch Powers, Liberties, Authorities, Jurif- diitions, Pre-eminences, Licences and Privileges, as they the faid Henry -Duke of Beaufort, William Lord Craven, James Bertie, Dodington Greville, Henry Bertie, Mary Danfon, and Elifabeth Moor, the prefent Sir John Colleton, the faid Archibald Hutchefon, as Truftee for the faid John Cotton, and Jofeph Blake, every or "any of them can or may have, hold, ufe, exercife or enjoy, by Virtue of or under the faid recited Letters Patent, or either of them, and alfo all and fingular Baronies, Tracts and Parcels of Land, Tenements and Hereditaments, which they the faid Henry Duke of Beaufort, William Lord Craven, James Bertie, Doding- ton Greville, Henry Bertie, Mary Danfon, and Elifabeth Moor, the prefent Sir John Colleton, the faid Archi- bald Hutchefon, as Truftee for the faid John Cotton, and Jofeph Blake, any or either of them, are or is feifed or poflTefled of or intitled unto within the faid Provinces or Territories, except all fuch Tracts of Land, Te- T.xcrpHonr, nemerits and Hereditaments, as have been at any Time before the firft Day of January one thoufand feven hundred and twenty-feven granted or conveyed by, or comprifed in, any Grants, Deeds, Inftruments or Conveyances under the common Seal of the faid Lords Proprietors, either in England or in the Provinces aforefaid ; and alfo except all fuch Plantations and Lands as are now in the Pofieffion of the faid Jofeph Blake, his Undertenants or Affigns, by Virtue of Grants formerly made by the faid Lords Proprietors of the faid Provinces for the Time being to other Perfons, and fince conveyed to or vefted in the faid Jofeph Blake ; and alfo except all that Barony and Tract of Land containing twelve thoufand Acres, or thereabouts, the Pofieffion whereof hath fome Time fince been delivered by the prefent Sir John Colleton un'o Peter Colleton, Efquire, his fecond Son, and all that other Barony or Tract of Land containing twelve thoufand Acres, or thereabouts, fome Time fince conveyed by Sir John Tyrrel, Baronet (formerly Owner of the faid eighth Part or Share now belonging to the faid Archibald Hutchefon, as Truftee for the faid John Cotton) to William Wight, Efquire, and his Heirs; Provided that the before-mentioned Exceptions, or any of them, fhall not include or extend to any Lands comprized in any Grant or Grants made either in England or Carolina, un- der the common Seal of the Lords Proprietors for the Time being, which fince the making of fuch Grant or Grants have become forfeited by Virtue of any Claufes contained therein, or to any of the Baronies herein before recited or mentioned to be ftill remaining and vefted in the faid Henry Duke of Beaufort, and the find James Bertie and Dodington Greville, as Truftees, fome or one of them, and in the faid William Lord Cra- ven, the prefent Sir John Colleton, and the faid Archibald Hutchefon, as Truftee -for the faid John Cotton re- fpcctively, nor to any Rents, Services, Seigniories or Rights of Efcheat, referved upon or incident to any fuch Grant or Grants, or any Lands or Eftates thereby granted, all fuch forfeited Lands, and all fuch Rents, Seigniories or Rights of Efcheat, referved upon, or incident to, any fuch Grant or Grants, or any Lands and Eftates thereby granted, and alfo the Baronies laft before mentioned, being hereby intended to be vefted in the Perfons, and for the Purpofes herein after mentioned ; and the Reverfion and Reversions, Remainder and Remainders, yearly and other Rents, Iffues and Profits, of the fame Parts or Shares, Baronies, Lands,. Tenements, Hereditaments and Premifles, fo as aforefaid propofed and agreed to be furrendred to his Majefty, and of every Part and Parcel thereof; and alfo all the Eftate, Title, Intereft, Truft, Property, Right of Action, Right of Entry, Claim and Demand whatfoever, of them thefaid Henry Duke of Beaufort, Ji illiam .Lord Cra- ven, fames Bertie, Dodington Greville, Henry Bertie, Mary Danfon and £ 'oor; the prefent Sir JoJmCol- leton" the faid Archibald Hutchefon, John Cotton and Jofeph Blake, and each of them, of, in, unto or out of the fame, every or any Part or Parcel thereof- by virtue of the faid feveral recited Letters Patent or either of r
 * whereas from the Nature of the refpeclive Eftates and Intercfts propofed and agreed to be furrendered to his
 * Majefty as aforefaid, great Difficulties may arife in the Manner of conveying the fame; and it is juft and