“Trustees’ Entry Book” in “The Colonial Records of the State of Georgia: Entry Books of Commissions, Powers, Instructions, Leases, Grants of Land, Etc. by the Trustees 1732-1738 - Volume 32”
ENTRY BOOKS OF COMMISSIONS, POWERS, INSTRUCTIONS, LEASES, ETC., BY THE TRUSTEES
1732-1738
Common Council of Georgia Trustees Agreement with Dr. William Houstoun1 for his services as Botanist to the Trustees. Oct. 3, 1732. Receipt of Houstoun for £75, salary for half a year. Oct. 4, 1732. C.O. 5/670, pp. 1-2.
To all whom it may Concern Know Yee That I William Houstoun Doctor of Physick of the University of St. Andrews do Covenant and agree that in Consideration of the Yearly Salary of Two Hundred Pounds to be paid unto me or my Order in the Manner following, Vizt. One Hundred Pounds at the Feast of St. Michael2 and One Hundred Pounds on the 25th. March. That I will serve the Trustees for Establishing the Colony of Georgia in America in the following Manner Vizt. That I will forthwith Imbark on Board a Ship bound for the Maderas, will from thence Proceed to America & will for the space of two Years at my own Charge & Expence travel to such Parts thereof as the Trustees shall think proper in order to Collect all such Plants as shall be contain’d in my Instructions from the said Trustees & that I will use my utmost diligence for Collecting the same and that I will carry or cause them to be carry’d to Georgia & that I will constantly correspond with & from time to time transmitt to the sd. Trustees all such Observations as I shall apprehend may be useful to the sd. Colony & after the Expiration of the sd. two Years or sooner if, the Trustees shall think proper, I will go and reside in the sd. Colony of Georgia at my own Charge & Expence & use my utmost endeavours there for the Preserving and propagating of the sd. Plants & follow such Orders therein as I shall receive from the said Trustees.
And Whereas The Rt. Honble the Lord Petre has engaged to pay unto me Fifty Pounds p Ann. towards defraying the Charge of my said Travels I Declare that I do accept of the sd. Engagement as part of the sd. Two Hundred Pounds p Ann. Salary. And that the sd. Trustees will be thereby discharg’d by paying unto me One Hundred & Fifty Pounds p Ann. during the Life of the sd. Lord Petre. But in Case the sd. Lord Petre shall dye within the Space of the said three Years, then the Trustees shall pay unto me the full Two Hundred pounds as aforesaid. And that in Case they shall not think fitt so to do then that they shall shorten the said Term of three Years proportionably as the whole Sume shall fall short of Six Hundred Pounds.
Sign’d William Houstoun
Sign’d Seal’d & Deliver’d in Presence of
Thos. Richards
Andrew Balston
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London October 4th. 1732.
Receiv’d on Account of the sd. Trustees Seventy five Pounds being in full for one half Years Payment commencing at Michaelmass last post.
Sign’d William Houstoun
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Common Council Instructions to Dr. William Houstoun. Oct. 12, 1732. C.O. 5/670, pp. 2-3.
Sir
You are Order’d by the Common Council of the Trustees for Establishing the Colony of Georgia in America to go on Board the Ship Amelia Capt. Brooks Commander now lying in the River Thames, and bound for Madera & Jamaica. When you arrive at Madera you are Order’d to inform your self of the Manner of Cultivating the Vines and making the Wines there; And to carry with you to Jamaica cuttings of their best sorts of Vines, & Seeds, Roots or Cuttings of any other usefull Plants you shall meet with on that Island which are wanting in the British Colonies, but particularly the Cinnamon tree. And if you can find any Vessell going from thence to South Carolina, you must also send some of each of the above mention’d things directly there, adressed to Mr. [James] St. Julian at Charles Town.
From Jamaica you are Order’d to go to the several Spanish Settlements at Carthagena, Puerto Bello, Campechy, & Vera Cruz. As soon as you can have the opportunity of any Vessels going to the sd. Places, and if you can you are to Cross the Country to Panama. At all these Places you are to use your utmost dilligence to procure the Seeds & Roots of all usefull Plants such as Ipecacuana, Jallap, Contrayerva, Sarsaparilla, & Jesuites Bark the Trees which yield the Peruvian & Capivi Balsoms, the Gum Eleme &c, the Cochineel Plant3 with the Animals upon it and all other things that you shall judge may be of use to the Colony of Georgia
When you return from any of the sd. Places to Jamaica, you are to leave the things you shall have brought over with the Person you shall find most capable and willing to take Care of them while you go to the other Spanish Ports in search of others. But if you can have the Opportunity of a Ship going to Charles Town you are still to send some of each kind to Mr. [James] St. Julian there.
When you have visited each of the aforesd. Places, & collected from them all that shall be in your Power, you are to expect our further Orders to be sent you to Jamaica, directing you how to proceed in transporting yourself them to Georgia where you are to spend the remaining part of the three Years, in taking care of the Culture of what you shall carry with you.
And you are particularly desired to inform your self of the Nature & Culture of the White Mulberry tree which is most proper for the Nourishment of Silkworms.
As likewise of all Sorts of Logwood & other Woods and Barks of use in Dyeing in order to the propagating of them in Georgia.
October 12th 1732
Copy of Mr. Houston’s Instructions.
Direct to him to the Care of Dr. John Cochran at Kingston in Jamaica.
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Common Council Lease to Thomas Christie, Joseph Hughes, and William Calvert of 5000 acres of land in Georgia. Oct. 25, 1732. C.O. 5/670, pp. 4-5.
This Indenture made the Twenty fifth Day of October in the Sixth Year of the Reign of Our Soveraign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c Annoque Dni4 1732 Between the Trustees for Establishing the Colony of Georgia in America, of the one Part & Thomas Christie Joseph Hughes & William Calvert of London Labourers of the other Part. Witnesseth That the sd. Trustees in Consideration of the Sum of five Shillings of lawfull Money of Great Britain to them or one of them in Hand paid by the sd. Thomas Christie, Joseph Hughes and William Calvert or one of them at on or before the Ensealing & Delivery of these Presents the Receipt whereof they do hereby acknowledge and for divers other good Causes & Considerations them hereunto moving have given granted bargain’d & Sold and by these Presents do give grant bargain & Sell unto the sd. Thomas Christie Joseph Hughes and William Calvert All those five Thousand Acres of Land lying and being in the Province of Georgia in America part & parcel of the Lands which His Majesty by his Royal Charter bearing date the ninth day of June Anno Dni. 1732 Granted unto the sd. Trustees & their Successors for ever In trust for Establishing the sd. Colony of Georgia To have and to hold the said Five Thousand Acres of Land unto the said Thomas Christie Joseph Hughes & William Calvert and the Survivors & Survivor of them and the Executors and Administrators of such Survivor from the Day of the Date of these Presents unto the full End & Term of one whole Year from thence next ensuing and fully Compleat and ended Yielding and Paying therefore unto the said Trustees and their Successors the Rent of one Pepper Corn upon the Feast Day of St. Michael the Arch Angel now next coming (if lawfully demanded) and no more To the Intent That by virtue of these Presents & of the Statute of transferring Uses into Possession the sd. Thomas Christie Joseph Hughes & William Calvert or the Survivors or Survivor of them or the Executors or Administrators of such Survivor may be in the actual Possession of the sd. hereby bargained Premises and be thereby Enabled to Accept & take a Grant and Release of the Reversion and Inheritance thereof to them the sd. Thomas Christie Joseph Hughes & William Calvert or the Survivors or Survivor of them or the Heirs of such Survivor by Indenture of Release intended to be made between the said Trustees of the one Part and the said Thomas Christie Joseph Hughes & William Calvert of the other Part and to bear date the day next after the Day of the Date of these Presents. In Witness whereof the Common Council of the sd. Trustees for Establishing the Colony of Georgia in America have affixed the Common Seal of the Corporation of the said Trustees the Day & Year first above written.
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Common Council Release of 5000 acres to Thomas Christie, Joseph Hughes, and William Calvert to be granted to settlers in Georgia, together with provisions for granting to actual settlers. Oct. 26, 1732. C.O. 5/670, pp. 5-10.
This Indenture made the twenty & Sixth Day of October in the Sixth Year of the Reign of Our Soveraign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & Annoque Dni. 1732 Between the Trustees for Establishing the Colony of Georgia in America of the one Part and Thomas Christie Joseph Hughes & William Calvert of London Labourers of the other Part. Whereas His Majesty hath been Graciously please to take into Consideraton that many of his poor Subjects and many Foreigners who are willing to become his Subjects are reduced to great necessities & would gladly be settled in the British Provinces in America where by cultivating the Lands at present wast and desolate; they might not only gain a comfortable Subsistance for themselves & Familys but also Strengthen in his Majestys Colonies & encrease the Trade Navigation & Wealth of Great Britain. And Whereas his Majesty hath declar’d it highly becoming his Crown and Royal Dignity to Extend his Fatherly Compassion even to the meanest & most unfortunate of his People, & to releive the Wants of his above mention’d poor Subjects, & that it will be highly Conducive for the Accomplishing these Ends that a regular Colony of the sd. Poor People be settled & Established in the Southern Frontiers of South Carolina. And Whereas his Majesty for the more orderly Carrying on the sd. good Purposes Hath by his Royal Charter bearing date the ninth Day of June Anno Dni. 1732 constituted a Body Politick & Corporate by the Name of The Trustees for Establishing the Colony of Georgia in America & hath granted unto the said Trustees & their Successors for ever certain Lands & Territories in South Carolina In Trust for Establishing the sd. Colony, and hath erected the same into an Independant Province by the Name of Georgia. And Whereas divers poor Persons have represented to the Common Council of the Corporation of the sd. Trustees that through Misfortunes & want of Employment they are reduced to great Necessities insomuch that by their Labour they are not able to Provide a Maintenance for themselves & Families & if they had Means to defray the Charge of Passage & other Expences incident to new Settlements they would be glad to be settled in Georgia aforesaid. And Whereas the sd. Common Council taking into Consideration the requests & desires of the sd. poor Persons have resolved with all convenient Speed to send such & so many of them as by & with the Charitable Contributions of well disposed Persons by them already received they shall be enabled to convey settle & establish in the sd. Province of Georgia. Now this Indenture Witnesseth That in pursuance of the Execution of the Trust in them the sd. Trustees by his Majesty most graciously reposed & to the intent that such Persons who shall now 8, such others as shall hereafter go to reside & inhabit the sd. Province may have & enjoy to them & their Heirs Male a fit & Sufficient Quantity of Land whereby they may maintain & provide for themselves and Families. They the sd. Trustees for Establishing the Colony of Georgia in America for themselves their Successors Have Granted released & confirmed And by these Presents do grant release & confirm to them the sd. Thomas Christie Joseph Hughes & William Calvert (in their actual Possession now being by Virtue of a Bargain and Sale to them thereof made for one whole Year by Indenture bearing date the day next before the day of the date of these Presents in Consideration of Five Shillings by them or one of them pay’d to the sd. Trustees, and by force of the Statute for transferring Uses into Possession) & to their Heirs and to the Heirs of the Survivor of them Five thousand acres of Land lying & being in the Province of Georgia in America part & parcel of the Lands which his said Majesty graciously granted to the said Corporation by his said Letters Patent bearing date the ninth Day of June Anno Dni. 1732. The said Five Thousand Acres of Land to be sett out limited divided & bounded in such Manner & in such Part or Parts of the said Province as shall be thought most Convenient & proper by such Person or Persons as shall by the sd. Common Council be for that purpose authorized & appointed. To have and to Hold the said Five thousand Acres of Land to them the said Thomas Christie Joseph Hughes & William Calvert and their Heirs and to the Heirs of the Survivor of them To such Uses intents & purposes & subject to such Powers & under such Provisors Limitations and Agreements as are herein after limited declared & expressed. That is to say to the intent and purpose that they the said Thomas Christie Joseph Hughes and William Calvert & the Survivors or Survivor of them & the Heirs of Such Survivor shall from time to time as Occasion shall require grant assign & transfer to Every Man of the Age of twenty one Years or upwards, who within the Space of twelve Months from the date hereof shall arrive in the said Province of Georgia with a design to settle and inhabit there and shall signify to them the said Thomas Christie Joseph Hughes & William Calvert or the Survivors and Survivor of them or the Heirs of such Survivor his desire to have Lands granted to him; A certain Numbr of Acres not exceeding fifty to every such Man To have & to hold to him & his Heirs Male upon the Terms & Subject to the Reservations Conditions Provisoes & Limitations herein after limited declared & Expressed of & concerning the same. That is to say upon Express Condition that if any such Person or Persons to whom such Grant shall be made shall not abide settle and inhabit in the sd. Province of Georgia for & during the Term of three Years from & after the Day on which he or they shall request & desire such Grant to him on them to be Made, and shall not cultivate such Lands as shall be allotted & given him or them by all such ways & means as according to their several abilities & skill he or they shall be best able & capable, or if any such Person or Persons shall depart or pass out of the limits of the said Province of Georgia without Licence in Writing first had & obtain’d under the Hand & Seal of such Officer or Officers as shall by the said Common Council be authorized & impower’d to grant such Licences, or if any such Person or Persons to whom any such Lands shall be granted as aforesaid shall alien assign or transfer the sd. Lands or any part or parcel thereof or any Term Estate or Interest therein to any other Person or Persons whatsoever without the Special Leave & Licence of the Common Council of the sd. Corporation for the time being or of such Officer or Officers as shall by the sd. Common Council be authorized & impowered to grant such Licences. That then & from thenceforth in any or either of these Cases it shall & may be lawfull to and for the sd. Trustees for Establishing the Colony of Georgia in America & their Successors into & upon the sd. Lands hereby intended to be granted as aforesaid or into & upon any part thereof in the Name of the whole Wholly to reenter and the same to have again retain repossess and enjoy as in their first and former Estate as if such Grant or Grants had never been had or made, and such Person or Persons so misbehaving him or themselves in any or either of the Cases aforesd.; and all other the Occupiers & Possessors of the said Lands or of any part thereof thereout & from thenceforth utterly to expell put out and amove5 and also that upon such Entry by such Officer or Officers as shall by the sd. Common Council for the time being be for that purpose authorized and appointed such Grant or Grants shall respectively cease determine & become void. This Indenture or the said Indentures of Grant so to be made as aforesaid or anything herein contain’d to the contrary thereof in any wise notwithstanding; and also on this further Condition That if any of the sd. Lands so to be granted as aforesaid shall not be cultivated planted cleared or improved during the space of ten Years to be accounted from the Day of the date of the Grant of such Lands that then & in such Case all & every part or parcell of such Lands not cultivated planted cleared or improved as aforesaid shall be and belong to the said Trustees for Establishing the Colony of Georgia in America & their Successors & the Grant or Grants of such Lands as to such parts or parcels thereof shall cease determine & be void, and shall be Granted & disposed of in such manner and to such Persons as the sd. Common Council of the said Corporation shall think fit and further reserving in all and every the Grants so to be made as aforesaid a Rent Charge or Yearly Rent for Ever after the rate of four Shillings for every hundred Acres of the sd. Lands which shall be so granted, the Payment of which said Rent not to commence or be made untill Ten Years after the making such Grant and to be paid to such Person & at such Place in the said Province of Georgia as by the said Common Council shall from time to time be directed and appointed. And further as touching and concerning the Reversion or Reversions or Remainder or Remainders expectant on the respective demise or demises of any such Person or Persons to whom such Grants shall be made as aforesaid without Issue Male or any forfeiture or other determination of the Estate of such Person or Persons. It is hereby declared and agreed by all the Parties to these Presents and their intent & Meaning is that the same shall be and remain to the said Trustees for Establishing the Colony of Georgia in America & their Successors and to and for their Use & Behoof & for none other Use whatsoever. And the said Thomas Christie Joseph Hughes & William Calvert by these presents for themsel ves severally & respectively & for their Several & respective Heirs Executors & Administrators & not jointly or the one for the other of them nor for the Heirs Executors or Administrators of the other Do by these presents Covenant Promise and Agree to and with the sd. Trustees for Establishing the Colony of Georgia in America and their Successors: That they and every of them will from time to time according to the best of their Skill and knowledge duely & faithfully execute the trust hereby in them reposed and shall & will at all times obey and perform all such Orders & Directions as shall from time to time be given them by the said Common Council or by such Person or Persons as shall by the said Common Council for that purpose be authorized & empowered touching the Granting and Disposing of such Lands and Premises and the Executing the Trust hereby in them reposed. In Witness whereof the Common Council of the sd. Trustees for Establishing the Colony of Georgia in America have affixed the Common Seal of the Corportion of the said Trustees to these Presents; And the said Thomas Christie Joseph Hughes and William Calvert have severally sett their hands & Seals to another part thereof remaining in the Hands of the said Trustees the Day and Year first above written.
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Common Council Authorization to James Oglethorpe to give orders to Thomas Christie, Joseph Hughes, and William Calvert as to granting of land to settlers. Nov. 1, 1732. C.O. 5-670, pp. 11-12.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come sendeth Greeting. Whereas in and by a certain Indenture of Release dated the twenty sixth day of October 1732 and made between the sd. Trustees for Establishing the Colony of Georgia in America of the one part and Thomas Christie Joseph Hughes and William Calvert of London Labourers of the other Part. The said Thomas Christie Joseph Hughes and William Calvert for themselves severally & respectively and for their several and respective Heirs Executors and Administrators and not jointly nor the one for the other of them nor for the Heirs Executors or Administrators of the other of them Have covenanted Promised and Agreed to and with the said Trustees for Establishing the Colony of Georgia in America and their Successors That they and every of them would from time to time according to the best of their Skill and knowledge duely and faithfully execute the Trust thereby in them reposed and should and would at all times obey & perform all such Orders & Directions as should from time to time be given them by the Common Council of the said Trustees for establishing the Colony of Georgia in America or by such Person or Persons as should by the said Common Council for that purpose be authorized and appointed touching the Granting and Dispossing of certain Lands and Premisses in & by the said Indenture of Release granted & mentioned and also touching the Execution of the Trust thereby in them reposed. Now Know Ye That We Have authorized and appointed James Oglethorpe of West Brook Place in the County of Surrey Esqr. one of the sd. Common Council of the said Trustees and by these Present Do authorize and appoint him the said James Oglethorpe from time to time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America or in any of the British Colonies adjoyning to the said Province to give such Orders & Directions (touching the Granting & Disposing of the said Lands & Premises & touching the Execution of the Trust in and by the said Indenture in them the said Thomas Christie Joseph Hughes & William Calvert reposed) to them the said Thomas Christie Joseph Hughes & William Calvert as he the said James Oglethorpe shall Judge fit & Necessary. And We do further by these Presents strictly enjoyn & Require them the said Thomas Christie Joseph Hughes & William Calvert duely & faithfully to Execute all such Orders & Directions as shall from time to time be given them by him the said James Oglethorpe according to the several Covenants of them the said Thomas Christie Joseph Hughes & William Calvert in that behalf made as aforesaid as they & every of them will answer the contrary at their Peril. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the first Day of November in the sixth Year of the Reign of our Soverign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoque Dni. 1732.
By Order of the Common
Council of the said Trustees
Benja. Martyn Sectary
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Common Council Authorization to James Oglethorpe to set out 5000 acres released to Thomas Christie, Joseph Hughes, and William Calvert. Nov. 1, 1732. C.O. 5/670, p. 13.
The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall come sendeth Greeting. Know Ye that We have authorized & impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. one of the said Common Councils of the said Trustees and by these Presents Do authorize and impower the said James Oglethorpe at any time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America to set out limit divide & bound Five thousand Acres of Land in the said Province of Georgia in America (Granted by the said Trustees by several Indentures of Lease & Release bearing date the twenty fifth & twenty Sixth Days of October 1732 respectively, to Thomas Christie Joseph Hughes & William Calvert for the Uses & Purposes therein mention’d) in such manner and in such part or Parts of the sd. Province as He shall Judge most Proper and convenient for the settling & Establishing a Colany there. In Witness whereof the Common Council of the sd. Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the first day of November in the Sixth Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoque Dni. 1732.
By Order of the Common Council of the said Trustees
Benja. Martyn Sectary
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Common Council Authorization to James Oglethrope to grant licences to people to leave Georgia. Nov. 1, 1732. C.O. 5/670, pp. 13-14.
The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall come sendeth Greeting. Know Ye that We have authorized & impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. one of the said Common Council of the said Trustees and by these Presents Do authorize & impower him the said James Oglethorpe at any time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America or in any of the British Colonies adjoyning to the said Province to grant to such Person or Persons for such times & on such Occasions as he shall Judge fitt and Proper Leave & Licence in Writing under his Hand & Seal to depart or Pass out of the said Province of Georgia & such Person or Persons so licenced by the said James Oglethorpe shall not incurr any Penalty or forfeiture for such their passing out or departure from the said Province of Georgia. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corportion of the said Trustees the first Day of November in the Sixth Year of the Reign of our Soverign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. Anno. Dni. 1732.
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Trustee Creation of Town Court of Savannah to try all cases arising in Savannah or the precincts thereof. Nov. 2, 1732. C.O. 5/670, pp. 14-17.
The Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall Come send Greeting. Whereas our Sovereign Lord George the second by his Letters Patents under the great Seal bearing date the ninth Day of June in the fifth Year of his Reign amongst other things Hath of his Grace certain Knowledge & meer Motion Granted Established & Ordained for himself & his Successors that the Corporation of the said Trustees & their Successors should have full Power & Authority to Erect & Constitute Judicatories & Courts of Record or other Courts to be held in the Name of his said Majesty his Heirs & Successors for the Hearing & Determining of all manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes & Things whatsoever arising or happening within the Province of Georgia in America or between any Persons inhabiting or residing there whether the same be Criminal or Civil & whether the said Crimes be Capital or not Capital and whether the said Pleas be Real Personal or Mixt, & for awarding or Making out Executions thereupon as in & by the said Letters Patents relation being thereunto had may more fully & at large appear. And Whereas sundry Poor People are Imbarked or Imbarking in order to go to & settle in the said Province of Georgia & intend for their security and convenience to build a Town there the same to be called by the Name of Savanah. And Whereas it is necessary for the punishing Offences & for the determining of Differences or Disputes that may happen to arise or be committed within the said Town or the Precincts thereof that there should be a Court of Record Erected & Established for the Purposes aforesd. Now Know Ye that we the said Trustees for Establishing the Colony of Georgia in America in pursuance & execution of the Power & Authority to Us in & by the said Letters Patents Granted & that the People of the said Town & the Precincts thereof may have their Laws & Possession secured to them in Peace & Quietness Have erected & Constituted & by these Presents do Erect & Constitute a Court of Record by the Name & Stile of the Town Court to be holden in the Name of his said Majesty his Heirs & Successors before such Persons as shall from time to time be Corrrnissioned & appointed Bailiffs & Recorder of the said Town by the Common Council for the time being of Us the said Trustees & We Do hereby give & grant to such Bailiffs & Recorder for the time being appointed in the Manner as aforesaid full Power Jurisdiction & Authority to Inquire by the Oaths of good & lawfull Men of the said Town & of the Precinets thereof and by all other Ways Manners & Means which they shall know of & have in their Power by which the Truth of the Fact may best be made appear of all Treasons Misprisions of Treason Insurrections Rebellions Counterfeitings Clipping Washing Coining & other falsyfyings of the Money of Great Britain or of any other Realm or Dominions Whatsoever. Also of all Murders Felonies Homicides Killings Burglaries Rapes of Women unlawfull Asemblies Conspiracys Confideracys Transgressions Trespasses Riots Routes Rescues Escapes Contempts Negligenees Concealments Maintenances Oppressions Deceits & of all other Crimes Offences & Injuries whatsoever & also of the Accessarys thereunto & which at any time after the Date hereof shall by any Person or Persons whatsoever or howsoever be had done perpetrated or Comitted within the sd. Town & Precincts thereof & also by whom to whom when how & in what Manner & of all other Articles Facts and Circumstances in whatever Manner soever Touching or concerning the said Crimes & Offences them or any of them. And also the said Treasons & all other the Crimes & Offences aforesaid to hear & determine according to the Law & Custom of the Realm of England Saving to Us & our Successors all Fines Forfeitures & Amerciaments & all other things to Us on Account thereof belonging. And therefore we command that on such Days & in such Place or Places as they the said Bailffs & Recorder shall for that Purpose from time to time publickly appoint they the sd. Bailiffs & Recorder shall with their utmost Diligence make inquiry into & of the sd. Crimes & Offences & all & singular the said Crimes & Offences shall hear & determine Therein doing as Justice directs according to the Law and Custom of the Realm of England. We also hereby further Command the Constables of the said Town of Savanah for the time being That on such Days & in such Place or Places as shall for that Purpose from time to time be publickly appointed as aforesaid & of which they the sd. Bailiffs & Recorder shall certifie the said Constables they shall cause to come before them the said Bailiffs and Recorder such & so many good & lawfull Men of the said Town & Precincts thereof by whom the truth of the Fact may best be imagined into & made known. And we do further give & grant to such Bailiffs & Recorder for the time being of the said Town of Savanah in manner aforesaid from time to time Commissioned & Appointed full Power Jurisdiction & Authority to hold Pleas in all & all Manner of Causes Suits & Actions as well Real as Personal & Mixt & of any Debt account Trespass in Ejectment & other Trespasses Covinants Promises Contracts & Detinues whatsoever within the said Town & the Precincts thereof arising happening or being & between any Persons whatsoever & to proceed in such Pleas Suits & Actions by such ways means & process as may with the greatest Safety Dispatch & Justice bring the same to a final Determination & also to hear & determine all such Pleas Suits & Actions & Judgment thereupon to give and Execution thereof to make according to the Laws of England. And We do hereby further ordain and Direct that all Juries Pannells Inquisitions Attachments Precepts Mandates Warrants Judgments & Process whatsoever necessary to be had or done touching or Concerning the Pleas Suits & Actions aforesaid shall be summoned Done & Executed by the Constables of the said Town & Precincts thereof for the time being. And We do hereby further Ordain & Direct that all Indictments Writs Process Returns & all Proceedings to be had on the said Crimes or Offences or any of them or in or upon any of the said Pleas Suits or Actions or any of them & also the Records thereof shall be in the English Tongue & in Words written at length & in a plain legible Hand. In Witness whereof the sd. Trustees for Establishing the Colony of Georgia in America have to these Presents affixed their Common Seal the second Day of November in the sixth Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & Annoque Dni. 1732.
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Common Council Appointment of bailiffs, recorder, constables, and tythingmen for Savannah. Nov. 7, 1732. C.O. 5/670, pp. 17-20.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America sendeth Greeting. Whereas sundry poor Persons are embarked or embarking in order to go to & settle in the Province of Georgia in America and intend for their Security & Convenience to build a Town there the same to be called by the Name of Savanah. And Whereas the said Trustees have by their Deed bearing Date the second Day of November 1732 under their Common Seal Erected & Established a Court of Record by the Name of the Town Court for hearing & determining all Manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes and Things Whatsoever arising or happening within the said Town of Savanah and the Precincts thereof as in & by the said Deed relation being thereunto had may fully & more at large appear which said Court is therein & thereby appointed to be Holden in the Name of his Majesty his Heirs & Successors before such Persons as shall from time to time be Commissioned & Appointed Bailiffs & Recorder of the said Town by the Common Council for the time being of the said Trustees. Now Know Ye That We the said Common Council in pursuance & Execution of the Power & Authority to us the said Common Council by his said Majesty King George the Second in & by his Letters Patent under the Great Seal bearing Date the ninth Day of June in the fifth Year of his Reign most Graciously given Have nominated Constituted & appointed and Do by these Presents nominate Constitute & appoint Peter Gordon to be the first Bailiff of the said Town of Savanah and of the Precincts thereof To have & to hold the said Office of first Bailiff together with all Powers Authorities & Jurisdictions thereunto belonging for during and untill such Time only as some other Person by the Common Council for the Time being of the said Trustees in the room & stead of the said Peter Gordon shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further Nominate Constitute and appoint William Waterland to be the second Bailiff of the said Town of Savanah & of the Precincts thereof To have & to hold the said Office of second Bailiff together with all Powers authorities and Jurisdictions thereunto belonging for during and untill such time only as some other Person by the Common Council for the time being of the said Trustees in the Room & stead of the said William Waterland shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further Nominate Constitute & appoint Thomas Causton to be third Bailiff of the said Town of Savanah & of the Precincts thereof To have & to hold the said Office of third Bailiff together with all Powers Authorities and Jurisdictions thereunto belonging for during & untill such time only as some other Person by the said Common Council for the time being of the said Trustees in the room & stead of the said Thomas Causton shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further nominate Constitute & appoint Thomas Christie to be Recorder of the said Town of Savanah. To have & to hold the said Office of Recorder together with all Authorities & Jurisdictions thereunto belonging for during & untill such time only as some other Person by the said Comon Council for the time being of the said Trustees in the room & stead of the said Thomas Christie shall be nominated & appointed to the said Office. And We the said Common Council Do hereby enjoyn & require you the said Peter Gordon William Waterland Thomas Causton & Thomas Christie and every of you that in your said Office you severally & respectively preserve the Peace and Administer Justice without fear favour or affection to the Terror of Evil Doers & to the Comfort of those who do well. And we the said Common Council Do hereby nominate & appoint Joseph Fitzwalter to be one of the Constables of the said Town of Savanah & of the Precincts thereof To hold perform & Execute the said Office of Constable for during & untill some other Person by the said Common Council for the time being of the said Trustees in the room & stead of the said Joseph Fitzwalter shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further nominate & appoint Samuel Parker to be one other of the Constables of the said Town of Savanah & of the Precincts thereof To hold perform & Execute the said office of Constable for during and untill some other Person by the said Common Council for the time being of the said Trustees in the room & Stead of the said Samuel Parker shall be nominated l, appointed to the said Office. And We the said Common Council Do hereby nominate and appoint, John lest to be one of the Tything men of the said Town of Savanah & the Precincts thereof To hold Perform & Execute the said Office of Tything man for during and untill some other Person by the sd. Common Council for the time being of the sd. Trustees in the room & stead of the said John West shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further nominate & appoint John Penrose to be one other of the Tything men of the said Town of Savanah & the Precincts thereof To hold Perform & Execute the said Office of Tythingman for during and untill some other Person by the said Common Council for the time being of the said Trustees in the room & stead of the said John Penrose shall be nominated & appointed to the said Office. And We the said Common Council Do hereby Command them the said Joseph Fitzwalter Samuel Parker John West & John Penrose That they and Every of them do in all things obey the Warrants Orders and Judgments of the Bailiffs & Recorder for the time being of the said Town Judges of the said Town Court as they ought according to Law for the better perserving of the Peace & Administring of Justice in the said Town & the Precincts thereof. In Witness whereof the said Common Council have to these Presents affixed the Common Seal of the Corporation of the said Trustees for Establishing the Colony of Georgia in America the seventh Day of November in the Sixth Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c.
Annoque Dni. 1732
By Order of the said
Common Council
Benja Martyn Sectary
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Common Council Appointment of conservators of the peace for Savannah. Nov. 7, 1732. C.O. 5/670, p. 21.
The Common Council of the Trustees for Establishing the Colony of Georgia in America to Peter Gordon William Waterland Thomas Causton Thomas Christie George Symes Richard Hodges Francis Scott & Noble Jones Sendeth Greeting. Know Ye that we the said Common Council in pursuance & Execution of the Power & Authority to us the said Common Council by his Majesty King George the second in and by his Letters Patent under the Great Seal bearing date the ninth Day of June in the fith Year of his Reign most graciously given Have nominated Constituted and appointed & Do by these Presents nominate constitute & appoint You the said Peter Gordon William Waterland Thomas Causton Thomas Christie George Symes Richard Hodges Francis Scott & Noble Jones & Every of you Jointly & severally Conservators to keep the Peace in the Town of Savanah & the Precincts thereof in Georgia aforesaid. And likewise that you or any of you do cause to come before you or any of you all such Persons who shall threaten any of the People of the said Town & Precincts thereof with any Bodily hurt or harm or with burning of their House or Houses to find Sufficient Security for the Peace or for their good Behaviour towards our Soverign Lord the King and the said People & if they shall refuse to find such Security then to cause them to be kept safe in Prison Untill they find such Security. In Witness whereof the said Common Council have to these Presents affixed the Common Seal of the Corporation of the said Trustees for Establishing the Colony of Georgia in America the Seventh day of November in the sixth Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoque Dni. 1732.
By Order of the said
Common Council
Benja Martin Sectary
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Common Council Authorization to James Oglethorpe to administer oaths to officials in Georgia. Nov. 7, 1732. C.O. 5/670, pp. 22-23.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America sendeth Greeting. Whereas the Common Council of the said Trustees by their Deed bearing date the Day of the Date of these Presents pursuant to the Power to them given by his Majesty’s Letters Patent dated the ninth Day of June 1732 Did nominate Constitute & Appoint Peter Gordon to be the first Bailiff of the Town of Savanah & of the Precincts thereof in Georgia afores., William Waterland to be the second Bailiff, Thomas Causton to be the third Bailiff, and Thomas Christie to be Recorder of the said Town & Precincts & did also by the said deed nominate & appoint Joseph Fitzwalter & Samuel Parker to be Constables & John West & John Penrose to be Tythingmen of the said Town of Savanah & Precincts thereof To hold the said several Offices to them the said Peter Gordon William Waterland Thomas Causton Thomas Christie Joseph Fitzwalter Samuel Parker John West & John Penrose respectively together with such Jurisdictions Powers & Authorities as by the said Common Council was therein & thereby given & granted unto them severally as in & by the said Deed relation being thereunto had may more fully & at large appear. Now Know Ye That We the said Common Council Have authorized & impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. & Do by these Presents authorize & empower him the said James Oglethorpe to administer to them the said Peter Gordon William Waterland Thomas Causton Thomas Christie & to every of them the Oaths of Allegiance Supremacy & Abjuration mencen’d in an Act made in the first Year of the Reign of his late Majesty King George the first (Entituled an Act for the further Security of his Majestys Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestents & for extinguishing the Hopes of the pretended Prince of Wales & his open & Secret Abettors) and the following Oath of Office That is to say I.A.B. (first Bailiff second Bailiff third Bailiff Recorder according as the Case shall be of the Town of Savanah & the Precincts thereof) Do swear that I will duely & faithfully execute the Office of (first Bailiff second Bailiff third Bailiff, Recorder of the said Town & Precincts as the Case shall be) to which I am nominated constituted & appointed by the Common Council of the Trustees for Establishing the Colony of Georgia in America & that I will to the utmost of my Ability Capacity & Power preserve the Peace & administer Justice to all within the said Town & Precincts impartially without fear favour or affection. So help me God. And We the said Common Council have authorized & impowered and Do hereby authorize and impower him the said James Oglethorpe to administer to them the said Joseph Fitzwalter Samuel Parker John West & John Penrose & to every of them the said Oaths of Allegiance Supremacy & Abjuration and also the following Oaths of Office that is to say I.A.B. (Constable Tythingman as the Case shall be of the Town of Savanah & of the Precincts thereof) Do swear That I will duely & faithfully execute the Office of (Constable Tythingman as the Case shall be) to which I am nominated & appointed by the Common Council of the Trustees for Establishing the Colony of Georgia in America and that I will in all things perform & Execute the same without fear favour or affection. So help me God. In Witness whereof the said Common Council have to these Presents affixed the Common Seal of the Corporation of the said Trustees for Establishing the Colony of Georgia in America the seventh Day of November in the Sixth Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c A.D. 1732.
By Order of the said Common Council
Benja Martyn Sectary
_______________________________
Common Council Authorization to James Oglethorpe to administer oaths to conservators of the peace in Georgia. Nov. 7, 1732. C.O. 5/670, pp. 24-25.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America Sendeth Greeting. Whereas the Common Council of the said Trustees by their Deed bearing Date the Day of the Date of these Presents pursuant to the Power to them given by his Majestys Letters Patents dated the ninth Day of June 1732 Did nominate constitute & appoint Peter Gordon William Waterland Thomas Causton Thomas Christie George Symes Richard Hodges Francis Scott & Noble Jones Conservators to keep the Peace in the Town of Savanah and the Precincts thereof in Georgia aforesd, with such Powers & Authorities as by the said Common Council was therein & thereby given & granted unto them Jointly & severally as in & by the said Deed relation being thereunto had may more fully & at large appear. Now Know Ye That we the said Common Council Have authorized & impowered James Oglethorpe of West Brook Place in the County of Surrey Esqr. & Do by these Presents authorize & impower him the sd. James Oglethorpe to Administer to them the said Peter Gordon William Waterland Thomas Causton Thomas Christie George Symes Richard Hodges Francis Scott & Noble Jones & to every of them the Oaths of Allegiance Supremacy & Abjuration mentioned in an Act made in the first Year of the Reign of his late Majesty King George the First (Entituled an Act for the further Security of his Majesty’s Person & Government & the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants & for extinguishing the Hopes of the pretended Prince of Wales & his open & secret Abetters) And the following Oath of Office That is to say I.A.B. Do swear that I will duely & faithfully execute the Office of Conservator to keep the Peace in the Town of Savanah & the Precincts thereof to which I am nominated Constituted & Appointed by the Common Council of the Trustees for Establishing the Colony of Georgia in America & that I will to the utmost of my Ability Capacity & Power preserve the Peace within the said Town & Precincts and in all things impartially execute the said Office without fear favour or affection. So help me God. In Witness whereof the said Common Council have to these Presents affixed the Common Seal of the Corporation of the sd. Trustees for Establishing the Colony of Georgia in America the seventh Day of November in the sixth Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoque Dni. 1732.
By Order of the said
Common Council
Benja Martyn Sectary
_______________________________
Trustee authorization to James Oglethorpe to appoint officers of the militia in Georgia. Nov. 23, 1732. C.O. 5/670, pp. 25-26.
The Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greetings. Whereas Our Soverign Lord George the second by his Letters Patent under the great Seal bearing date the ninth day of June in the fifth Year of his Reign amongst other things Hath of his Grace certain Knowledge & meer Motion Granted & Ordained for himself & his Successors That the Corporation of the sd. Trustees should have full Power by any Commander or other Officer or Officers by them for that purpose from time to time appointed To Train Instruct Exercise & Govern a Militia for the Special Defence & Safety of the sd. Colony to assemble in Martial Array & put in Warlike posture the Inhabitants of the sd. Colony & to lead & Conduct them & with them to Encounter Expulse Repell Resist & Pursue by Force of Arms as well by Sea as by Land within or without the Limits of the sd. Colany and also to kill slay destroy, & Conquer by all fitting ways Enterprizes & Means whatsoever all & every such Person or Persons as shall at any time hereafter in an Hostile Manner Attempt or Enterprize the destruction Invasion Detriment or Annoyance of the sd. Colony. Now know Ye that We the sd. Trustees for Establishing the Colony of Georgia in America Have Nominated Authorized & Impowered & by these Presents Do Nominate Authorize and Impower James Oglethorpe of West Brook Place in the County of Surry Esqr. Our lawfull Attorney for Us & in our Names & stead from time to time during such time as the sd. James Oglethorpe shall be in the Province of Georgia to Constitute & appoint by Writing under his Hand & Seal such Commander or other Officer or Officers as he shall find Necessary & think most proper & fitt to Train Instruct Exercise & Govern a Militia for the Special Defence & Safety of the sd. Colony to assemble in Martial Array & put in Warlike Posture the Inhabitants of the sd. Colony & to lead & Conduct them & with them to encounter Expulse Repell Resist & Pursue by Force of Arms as well by Sea as by Land within or without the Limits of the sd. Colony And also to kill Slay destroy & conquer by all fitting Ways Enterprizes & Means whatsoever all & every such Person & Persons as shall at any time hereafter in an Hostile Manner Attempt or Enterprize the destruction Invasion Detriment or Annoyance of the sd. Colony. In Witness whereof the sd. Trustees have to these Presents affixed their Common Seal this twenty third Day of November 1732.
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Common Council Approval of the Charter Party for the Ship Ann to Beaufort, S. C., to take original colonists to Georgia. Nov. 6, 1732. C.O. 5/670, pp. 26-30.
This Charterparty of Affreightment Indented & Made the sixth Day of November Annoque Dni. 1732 And in the Sixth Year of the Reign of George the second King of Great Britain & Between Samuel Wragg of London Merchant part Owner & John Thomas Master of the Ship Ann Burthen Two Hundred Tons or thereabouts now in the River of Thames of the one Part & the Common Council of the Trustees for Establishing the Colony of Georgia in America on the other part. Witnesseth that the sd. part Owner and Master have Letten & the sd. Common Council hired the said Ship for a Voyage with her to be made from London to Beaufort Town in South Carolina in America on the Terms & Condition following. First the sd. part Owner & Master for themselves their Executors & Administrators do Covenant Promise & Agree to & with the sd. Common Council & their Successors & Assigns by these Presents that the sd. Ship being Tight & Strong & well Manned Tackled and Provided fitt for Merchants Service shall on or before the seventh Day of November Instant depart from Gravesend with all such Goods & Merchandizes as the sd. Freightors or their Assign shall in the interim think fitt to Load & putt on Board her not exceeding what she may reasonably Stow & Carry in her except reasonable & convenient Room for the sd. Ships Crew her Stores & the Stowage of Eight Tons of Goods which is reserved for the Use of the sd. Master & Owners of the sd. Ship. And before such her departure from Gravesend shall receive & take on Board her from the sd. Freightors or their Assigns Passengers not exceeding one hundred whole heads & with the sd. Goods and Passengers directly as Wind & Weather will permitt proceed & Sail to Beaufort Town in South Carolina (or as near thereto as she can safely gett) And then stay four Days (if not sooner discharged) to deliver the Goods taken in at London & sett on Shore the sd. Passengers with all and singular their Baggage & so end her Voyage the Perils & Dangers of the Seas & restraint of Princes and Rulers during the Voyage always excepted. And further the Part Owner & Master do Covenant & Agree to & wth. the sd. Freightors that the sd. Passengers shall have four Beef Days Two Pork Days & one Fish Day in every Week during their being on their Passage & that they the said part Owner & Master will before the sd. Ship departure out of the River of Thames putt on board her for the use of the sd. Passengers a Convenient & Sufficient Quantity of Provisions Vizt. Eighty four Butts of Water eight Tons of Beer forty Hundred Weight of Beef nineteen hundred Weight of Pork Sixty Hundred Weight of Bread with a Sufficient Quantity of Fish Flower Pease Butter Suett & Plumbs & shall cause the sd. Passengers during all the time of their being on Board the said Ship to be served out daily their allowance of Provisions in this Manner to Wit on the four Beef Days four Pounds of Beef for every Mess of five Men & two Pound & a half of Flower & half a Pound of Suett or Plumbs on the two Pork Days five Pound of Pork & two pints & a half of Pease for every five Men & on the first Day two Pound & a half of Fish & half a Pound of Butter for every five Men the whole at Sixteen Ounces to the Pound & allow each Man Seven Pound of Bread of fourteen Ounces to the pound p Week & two Quarts of Beer p Man p Diem for the space of six Weeks. And Moreover that the sd. Part Owner & Master shall before the sd. Ships Departure from London cause thirty five Cradles to be built & fixt between the sd. Ships Decks with Boarded Bottoms the Cradles to be each Five feet eight Inches in the Clear in the inside & that there shall be a Canvas Curtain fix’d to Hang four feet below the Beam from the Bulk head of the Lazeretta6 to the Bulkhead of the Gun Room on both sides. And further the sd. part Owner & Master do Covenant & agree to deliver the sd. Thirty five Cradles at the sd. Ships side within four Days after the sd. Ships arrival at Beaufort Town aforesaid being paid & allow’d for the same at the rate of seven Shillings p Cradle. In Consideration whereof the sd. Freightors for themselves & their Successors do Covenant Promise & Agree to & with the sd. part Owner & Master their Exors. Admors. & Assigns by these Presents that they the sd. Freightors their Successors or Assigns shall & will not only put on board the sd. Ship at Gravesend Seventy whole Heads certain & dispatch her from thence by the seventh Day of November Inst. & upon her Arrival at Beaufort Town aforesd. unload and take out all the Goods & Passengers belonging unto them together with the sd. Thirty five Cradles & that within the four Days above Limitted for doing thereof. But also shall & will well & truely pay or Cause to be paid unto the sd. part Owner or Master or their or one of their Assigns in London the Sum of four Pounds Sterling p Head for each of the sd. Seventy whole heads certain & two Pounds of like Money p head for the remaining thirty heads if they shall not be Shipt. But if shipt or any Part of them then the Sum of two Pounds p Head more for as many of the sd. Thirty as shall be Shipt the Heads to be accounted in this Manner Vizt. Every Person Shipt above the age of twelve Years to be accounted a whole head & for all Persons Shipt of the Age of seven Years & under the Age of twelve to be accounted two for one and for Passengers shipt above the age of two Years & under the age of Seven to be accounted three for one But no Freight for any Passenger under the age of two Years the aforementioned Freight to be paid up on the Embarkation of the sd. Passengers & their Goods. Provided always yt. it shall be lawfull for the sd. Freightors their Successors or Assigns to keep the sd. Ship on demorage in the River of Thames & at South Carolina by the space of fifteen Days at each Place besides the Days above Limited for her Stay at the same or so many of them as need shall require. They the sd. Freightors or their Assigns paying to the sd. Master his Exors or Assigns for every Day of such Detention the Sum or Value of two Pounds ten Shillings p Day & eight pence Sterl. p Day p whole Head for Victualling Day by Day as the same shall grow due any thing aforesd. to the Contrary notwithstanding. And to the Performance hereof the sd. Master bindeth himself his Exors. Admors. & Ship & the sd. Common Council of the Trustees hereby bind & oblige themselves & their Successors the either to the other in the Penall Sum of Six hundred Pound Sterl. firmly hereby. In Witness whereof the sd. Common Council of the Trustees for Establishing the Colony of Georgia in America have affixed the Common Seal of the Corporation of the said Trustees to these Presents. And the sd. Samuel Wragg & John Thomas have severally sett their Hands & Seals to another part thereof remaining in the Hands of the sd. Trustees the Day & Year first above written.
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Trustee authorization to Dr. Henry Herbert to perform religious and ecclesiastical offices in Georgia. Nov. 8, 1732. C.O. 5/670, p. 30.
Whereas Henry Herbert Doctor of Laws has generously offer’d by his Majestys leave & Permission to go & assist in settling the Colony of Georgia in America by performing all Religious & Ecclesiastical Offices We the Trustees for Establishing the Colony of Georgia in America do hereby authorize & impower the said Henry Herbert to do & perform all Religious & Ecclesiastical Offices that shall be necessary for the better Establishing & promoting the Christian Religion in the sd. Colony & all other the good Ends & purposes thereby intended agreable to the Laws of England & the Tennour of our Charter. In Witness whereof the sd. Trustees have to these Presents affixed their Common Seal the Eighth Day of November in the Sixth Year of the Reign of our Soverign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & Annoque Dni. 1732.
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Common Council Lease to William Reyner, John Salmon, Charles Harrison, Thomas Smith, and John Coates, London merchants, of 1200 acres of land for ten years to make potash. Nov. 7, 1732. C.O. 5/670, pp. 31-45.
This Indenture made the seventh Day of December in the sixth Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoque Dni. 1732 Between The Trustees for Establishing the Colony of Georgia in America of the one part and William Reyner John Salmon Charles Harrison Thomas Smith & John Coates all of London Merchants of the other part. Whereas the said William Reyner John Salmon Charles Harrison Thomas Smith & John Coates or some of them, do purpose with all Convenient speed to go to the Province of Georgia in America and there to settle & Inhabit & to clear and improve such Lands as the Common Council of the said Trustees shall Demise to them and also at their own Costs Charges and Expences to try and endeavour by all ways and means which they or any of them shall be able to Devise Contrive and Execute of & with the Wood Trees and Shrubs or with such other Materials as shall or may be found fitt and proper in the said Province of Georgia to make and prepare the ashes commonly called or known by the name of Pot Ash. Now this Indenture Witnesseth that for and in Consideration of the great advantage that may accrue to the Kingdom of Great Britain by the producing so valuable a Commodity in one of the Colonies thereunto belonging and also in Consideration of the Rents Services Conditions and Covenants herein after expressed by them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns to be paid done performed and Executed and also in Consideration of the Sum of Five Pounds and Five Shillings by them or some or one of them into the Bank of England will and truly paid for the Use of the said Trustees the Receipt whereof the said Trustees do hereby acknowledge. They the said Trustees for Establishing the Colony of Georgia in America Have Demised Set and to Farm Lett and by these Presents Do Demise Set and to Farm Lett unto them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns Twelve Hundred Acres of Land lying and being in the Province of Georgia in America part and parcel of the Lands which his Majesty graciously Granted to the said Trustees by his Letters Patents bearing Date the ninth Day of June Anno Domni 1732. The said Twelve Hundred Acres to be set out Limited and Bounded in such Manner and in such part or parts of the said Province as shall be thought most Convenient and Proper by such Person or Persons as shall by the said Common Council be for that purpose Authorized and appointed the same to extend and lie along the River Savanah in breadth half of a mile and no more and to extend from the said River up into the Country as near as may be in a Streight Line in Length so as to make up the said Number of Twelve Hundred Acres so granted as aforesaid (Reserved always and excepted out of this Grant all along by the side of the said River Two Hundred feet of Ground to be measured in breadth from the Bank of the said River the same to be for towing Paths and for such other Purposes as shall by the said Common Council be directed and appointed for the better Carrying on the Navigation and Fishery of the said River) and also Convenient Extent and Space of Ground whereon they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns shall and may erect and build four Houses the same to be set out in such Part or Parts of the Town of Savanah as shall be thought most proper by such Person or Persons as shall by the said Common Council of the said Trustees be for that purpose Authorised and Appointed. To have and to hold Use and occupy the said Twelve Hundred Acres of Land and all other the Premises (except as before excepted) to them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns in Common for and during the Term of ten Years to be Computed from the Day of the date hereof. Yielding and Paying therefore Yearly and every Year for the Three last Years of the said Term hereby demised to such Person or Persons and at such Place in the said Province of Georgia as by the Common Council for the Time being of the said Trustees shall from time to time be directed and appointed for the Use and Behoof of the said Trustees for Establishing the Colony of Georgia in America and their Successors the sum of three Pounds of Lawfull Money of Great Britain the first Payment thereof to be made on the first Day of the Eighth Year to be computed from the Day of the date of these Presents. Provided always and these Presents are upon these Conditions That if it shall happen that the said Yearly Rent of three Pounds hereby Reserved or any part or parcel thereof shall be behind and unpaid by the space of six Calender Months next after any Day of Payment on which the same ought to be paid as aforesaid Or if the said William Reyner John Salmon Charles Harrison Thomas Smith & John Coates or some of them shall not within the space of Twelve Months to be computed from the Day of the Date of these Presents go to and arrive in the said Province of Georgia together with such Agents and Men Servant of the Age of Eighteen Years at the least as shall in the whole make up the Number of Ten Men. Or if they the said William Reyner John Salmon Charles Harrison Thomas Smith & John Coates or some of them together with such Agents and Men Servants as aforesaid shall not abide settle inhabit and Continue in the said Province of Georgia for and during the Term of three Years to be Computed from the Day of the Registering of these Presents in the Common Register of the said Province of Georgia. Or if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or some of them shall not within the Space of three Years to be Computed from the Day of the Date of these Presents Clear and Cultivate Threescore Acres of Wood Ground being part and parcel of the said Twelve Hundred Acres hereby granted as aforesaid and set and plant in and upon the said Threescore Acres so cleared as aforesaid Six hundred Trees or Plants of the White Mulberry Tree and from time to time during the Term of Ten Years hereby demised sufficiently Fence Maintain and Preserve the same from the Bite and spoil of Cattle and in the room and stead of such of the said Trees or Plants as shall happen to dye or be otherwise destroyed set and plant other Trees or Plants of the same sort in and upon the said Threescore Acres with all Possible and Convenient Care and Speed. Or, if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators or Assigns shall during the said Term of Ten Years hereby Demised make or cause to be made within the said Town of Savanah any Pot Ash or shall make or Cause to be made within the said Town any greater Quantity of Soap than two Thousand Pounds Weight without the Leave or Licence of the said Common Council of the said Trustees first had and obtained or shall do make or exercise any Device Engine Matter or Thing which shall endanger the Burning of the said Town or be a Nusance to the Inhabitants thereof That then and from henceforth in any or either of the Cases aforesaid it shall and may be Lawfull to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon the said Twelve Hundred Acres and other the hereby demised Premises and upon any part thereof in the Name of the Whole wholly to reenter and the same to have again retain repossess and enjoy as in their first and former Estate as if this Indenture had never been had or made, and them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns and all other the Occupiers and possessors of the said Twelve Hundred Acres or of any part or parcel thereof thereout and thenceforth utterly to expell putt out and amove. And also upon the Entry in any of the Cases before mentioned of such Officer or Officers as shall by the said Common Council for the time being be for that purpose Authorised and appointed the Demise and Lease hereby made shall cease Determine and become Void. And they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates and every of them for themselves Jointly and severally and for their Heirs Executors Administrators and Assigns and for every of them Jointly and severally do hereby Covenant Promise and agree to and with the said Trustees for Establishing the Colony of Georgia in America and their Successors in Manner following. (That is to say) That they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or the Executors Administrators or Assigns of them or some of them shall and will Yearly and every Year during the Continuance of the said Term of Ten Years hereby demised well and truly pay or cause to be paid unto the said Trustees for Establishing the Colony of Georgia in America the said Yearly Rent of sum of three Pounds of Lawfull Money of Great Britain in such Manner as the same is herein before reserved and made payable. And the said Trustees for Establishing the Colony of Georgia in America do for themselves and their Successors Covenant Promise and Agree to and with them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates and their Executors Administrators and Assigns in Manner following (that is to say). That in Case they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or their Executors Administrators or assigns or some of them on or before the Expiration of the said Term of Ten Years hereby demised shall clear & Cultivate Six Hundred Acres of Wood Ground being part parcel of the said Twelve Hundred Acres hereby granted as aforesaid and also set and plant in and upon every hundred Acres of the said Six Hundred Acres as soon as the same shall be cleared One Thousand Trees and Plants of the White Mulberry Tree and from time to time sufficiently fence Maintain & Preserve the same from the Bite and Sport of Cattle and in the room and stead of such of the said Trees or Plants as shall happen to dye or be otherwise destroyed set and Plant other Trees or Plants of the same sort in and upon the said Six hundred Acres with all Possible & Convenient Care and Speed so that there may always be growing upon every Hundred of the said Six Hundred Acres One Thousand of the said White Mulberry Trees or Plants at the least. And shall also will and truly pay perform and Execute from time to time during the said Term hereby demised all and every the Rents Covenants Articles Agreements Provisors Matters and Things before in these Presents mentioned and Contained which on other Parts are or ought to be paid performed done & executed as aforesaid. They the said Trustees at the End and Expiration of the said Term of Ten Years hereby demised shall and will on the reasonable request of them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or of the Survivors or Survivor of them Grant Convey and Assure the said Twelve Hundred Acres of Land and Premises in such Shares and Parts to them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates and to such other Persons being Males not being more in Number than seven as at any time during the said Term of ten Years hereby demised by them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or by the Survivors or Survivor of them by any writting under the Hands and Seals of them or of the Survivors of them respectively shall be nominated and appointed. And of the severall and respective Heirs Male of the Bodies of them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates and the Bodies of Such other Person so by them to be Nominated as aforesaid lawfully begotten or to be begotten under such Rents Conditions Provisors Limitations and Agreements as are herein after reserved limited declared and Expressed. That is to say under the Yearly Rent of Six Pounds of Lawfull Money of Great Britain to be paid during the Continuance of the said Estates Tail or of any of them for the Use and Behoof of the said Trustees for Extablishing the Colony of Georgia in America to such Person or Persons and as such Peace in the said Province of Georgia as by the Common Council for the time being of the said Trustees shall from time to time be directed and appointed the first Payment thereof to be made on the first Day of the Eleventh Year to be computed from the day of the date of these Presents and upon Condition That if the said Yearly Rent of Six Pounds or any part or parcel thereof shall be behind and unpaid by the Space of six Calender Months next after any Day of Payment on which the same ought to be paid as aforesaid and also upon Condition that if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons as shall by them be nominated as aforesaid or the several and respective Heirs Male of them or any of them possessed of or Intitled to the said Twelve Hundred Acres or any part or parcel thereof by Virtue of such Grant or Grants so to be made as aforesaid shall at any time Alien Assign or Transfer the said Twelve Hundred Acres or any part or parcell thereof for any Term of Years or any Estate or Interest in the said Twelve Hundred Acres to any Person or Persons whatsoever without the special Leave and Licence of the Common Council for the time being of the said Trustees or such Officer or Officers as by the said Common Council shall from time to time be Authorized and Impowered to grant such Licences. And also upon Condition That if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons as shall by them be Nominated as aforesaid shall dye without Issue Male or if the Heirs Male of them or any of them shall dye without Issue Male so that the Estates in Tail Male hereby intended to be granted shall respectively Cease and Determine. And also upon Condition That if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons as shall by them be Nominated as aforesaid or the Heirs Male of them or any of them shall do or Committ an Treason Misprision of Treason Insurrection Rebellion Counterfeiting clipping Washing Coining or other Falsifying the Money of Great Britain or of any other Realm or Dominion whatsoever shall do or Commit any Sodomy Murder Felony Homicide Killing Burglary Rape of Women unlawfull Conspiracy or Confederacy and shall be thereof lawfully Convicted. And also upon Condition That if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons as shall by them be Nominated aforesaid or their Heirs Males of them or any of them shall hire keep lodge board or Employ without the Limits of the said Province of Georgia any Person or Persons being a Black or Blacks or Negro or Negroes on any Account whatsoever without the special Leave and Licence of the said Common Council for the time being of the said Trustees or of such Officer or Officers as by the said Common Council shall be from time to time Authorized and Impowered to grant such Licences That then and from thenceforth in any or either of the aforesaid Cases it shall and may be lawfull to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon the said Twelve Hundred Acres or into and upon such Share or Shares Part or Parts as shall severally belong to them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons as shall by them be nominated as aforesaid or to their several and respective Heirs Male as aforesaid. And upon any part of such Share or Shares in the Name of the whole wholly to reenter and the same to have again retain possess and enjoy as in their first and former Estate as if these Presents or such Grant or Grants so to be made as aforesaid had never had or made and all and every the Person or Persons acting or doing to the Contrary of any of the Conditions before mentioned and all other the Occupiers and Possessors of such share or shares as shall severally and respectively belong to him or them so neglecting or misbehaving him or themselves. In any of the aforesaid thereout and thenceforth utterly to expell put out and amove and that upon the Entry in of the Cases before mentioned of such Officer or Officers as shall by the said Common Council for the time being of the said Trustees be for that purpose Authorised and Appointed the Grant or Grants thereby intended to be made as aforesaid shall severally Cease Determine and become Void anything therein or therein Contained to the Contrary thereof Notwithstanding. And it is hereby agreed and concluded between all the Parties to these Presents and the true intent and meaning thereof is that all and every the Persons by them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates to be nominated and appointed as aforesaid shall at the time of such Nomination be of the Age of Eighteen Years and upwards. And also that no Grant to be made to them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates to such other Persons by them to be nominated as aforesaid in Tail Male as aforesaid shall be for more than one Hundred Acres and the said Trustees for Establishing the Colony of Georgia in America for themselves and their Successors do hereby further Covenant Promise and Agree to and with the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates and their Executors Administrators and Assigns that in all and every the Grant or Grants that for and during the said Term of Ten Years to be computed from the day of the date of these Presents shall hereafter by the said Common Council of the said Trustees be made or executed to any Person or Persons whatsoever of any Lands in the said Province of Georgia there shall be inserted proper Clauses or Covenants whereby such Grantees shall be prohibitted or restrained from entring into any Company or Partnership for the making or Manufacturing the Ashes commonly called or known by the Name of Pot Ash. And the said Trustees do hereby Declare that they do not design or intend hereby to hinder or prevent any Person (not entering into a Company or Partnership as aforesaid) from making or Manufacturing as best he or they severally may the Ashes Commonly called Pot Ashes any thing herein Contained to the Contrary hereof in any Wise Notwithstanding. And the said Trustees do hereby for themselves and their Successors further Covenant Promise and Grant to and with the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns that they will give and Grant Lands in the said Province of Georgia to such Men servants as they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or their Executors Administrators or Assigns being Occupiers or Possessors of the said Twelve Hundred Acres during the Continuance of the said Term of Ten Years hereby demised shall respectively employ in their Service in the said Province of Georgia at such time or times as they shall be thereunto requested by them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators or Assigns being Occupiers or Possessors of the said Twelve Hundred Acres as aforesaid (such their request to be signified in Writting under their Hands and Seal) the said Lands to be granted for such Estates and under such Rents Reservations Covenants Conditions and Limitations and in such Quantitys as shall by the said Common Council of the said Trustees have been then last granted to any others Men Servants in like Circumstances. And the said Trustees for themselves and their Successors further Covenant Promise and Agree to and with the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors and Administrators That if they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or their Executors Administrators or Assigns or some of them on or before the Expiration of the said Term of Ten Years hereby granted shall clear and Cultivate Eight Hundred Acres of Wood Ground being part and parcell of the said Twelve Hundred Acres hereby granted as aforesaid and also set and Plant in and upon every Hundred Acres of the said Eight Hundred Acres One Thousand Trees or Plants of the White Mulberry Tree and from time to time sufficiently fence maintain and preserve the same from the Bite and Spoil of Cattle and in the room and stead of such of the said Trees or Plants as shall happen to dye or be otherwise destroyed set and Plant other Trees or Plants of the same sort in and upon the said Eight Hundred Acres with all Possible and Convenient Care and Speed so that there may always be growing upon every Hundred of the said Eight Hundred Acres One thousand of the said White Mulberry Trees or Plants at the least. That then and in such Case the said Common Council of the said Trustees shall and will on the reasonable request of them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates Grant Convey and Assure three Hundred Acres of Land in the said Province of Georgia over and above the said Twelve Hundred Acres herein before mentioned in such Shares and parts to them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or such other Persons being Males as at any time after the said Eight Hundred Acres shall have been cleared Cultivated set and Planted as aforesaid shall be by them the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates or the Survivors or Survivor of them by any Writting under the Hand and Seal or under the Hands and Seals of them or the Survivors or Survivor of them respectively nominated and appointed in Tail Male and under such Rents Reservations Covenants Conditions and Limitations and in such Quantities as are herein before mentioned to be Reserved Limited Agreed and Declared in the Grant or Grants to be made of the said Twelve Hundred Acres. In Witness whereof the said Common Council of the Corporation of the said Trustees have to these Presents affixed the Common Seal of the said Corporation and the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates have severally set their Hands and Seals to another part thereof remaining with the said Trustees the Day and Year first above written.
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Common Council Grant of 500 acres of land to James Lacy. Dec. 21, 1732. C.O. 5/670, pp. 46-56.
This Indenture made the Twenty first Day of December in the Sixth 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 Annoque Dni. 1732 Between the Trustees for Establishing the Colony of Georgia in America of the one Part and James Lacy of London Merchant of the other Part. Whereas the said James Lacy doth purpose with all Convenient Speed to go to the Province of Georgia in America and there to settle and Inhabit and to clear and Improve such Lands as the Common Council of the said Trustees shall Grant to him in Tail Male and particularly to plant and Cultivate the White Mulberry Tree and to breed silk Worms in Order to Produce Silk in the said Province. Now This Indenture Witnesseth That for and in Consideration of the great Advantage that May Accrue to the Kingdom of Great Britain by producing so valuable a Commodity in one of the Colonies thereunto belonging and also in Consideration of the Rents Services and Conditions herein after expressed by the said, James Lacy His Heirs Executors or Administrators to be done performed and Executed and also in Consideration of the Sum of One Pound and one Shilling by the said James Lacy well and truly paid for the Use of the said Trustees the Receipt whereof is here by Acknowledged, They the said Trustees for Establishing the Colony of Georgia in America Have Granted and Enfeoffed and by these Presents Do Grant and Enfeoff unto him the said James Lacy and unto the Heirs Male of his Body lawfully begotten or to be forgotten Five hundred Acres of Land lying and being in the Province of Georgia in America being part and parcel of the Lands which his Majesty graciously Granted to the said Trustees by his Letters Patent bearing date the ninth Day of June Anno Dni. 1732. The said Five hundred Acres to be set out limited and bounded in such Manner and in such Part or Parts of the said Province as shall be thought most Convenient and proper by James Oglethorpe of West brook Place in the County of Surrey Esqr. one of the said Common Council of the said Trustees to whom the said Trustees do by these Presents give full Power and Authority for that Purpose. (Reserved and always Excepted out of this Grant in Case the said Five hundred Acres shall be set out by the side of any River Two hundred Feet of Ground to be Measured in breadth from the Bank of such River along by the side of such River the same to be for towing Paths and for such other Purposes as shall by the said Common Council be directed and appointed for the better Carrying on the Navigation and Fishery of such River.) To have and to hold the said Five Hundred Acres of Land to him the said James Lacy and to the Heirs Male of the Body of him the said James Lacy lawfully begotten or to be begotten. Yeilding and Paying for such Five Hundred Acres of Land to the said Trustees for Establishing the Colony of Georgia in America and is their Successors Yearly and every Year for ever a Rent or Sum of Two Pounds and ten Shillings of lawfull Money of Great Britain the same to be paid to such Person or Persons and at such Place in the said Province of Georgia as by the Common Council for the time being of the said Trustees shall be directed and appointed. The first Payment thereof to be made on the first day of the Eleventh Year to be Computed from the Day of the date of these Presents. Provided always and these Presents are upon these Conditions That if it shall happen that the said Yearly Rent of Two Pounds and Ten Shillings hereby reserved or any part or parcell thereof shall be behind and unpaid by the space of six Calender Months next after any Day of Payment on which the same ought to be paid as aforesaid. Or if the said James Lacy shall not within the space of Twelve Calendar Months to be Computed from the day of the date of these Presents go to and arrive in the said Province of Georgia together with four Men Servants being each of them of the Age of Eighteen Years and upwards. Or if the said James Lacy or his Heirs Male with such Men Servants as aforesaid shall not abide settle Inhabit and Continue in the said Province of Georgia for & During the Term of three Years to be Computed from the Day of the Registering these Presents in the Common Register of the said Province of Georgia. Or if the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby made from time to time become possessed of and Intitled to the said Five Hundred Acres of Land shall not within the space of Ten Years to be computed from the day of the date of these Presents clear and Cultivate one Hundred Acres of Wood Ground being part and parcell of the said Five Hundred Acres hereby granted as aforesaid and also within the Space of Twenty Years to be computed from the said day of the date hereof shall not clear and Cultivate other Three Hundred Acres part and parcel of the said Five Hundred Acres and set and plant one Thousand Trees or Plants of the White Mulberry Tree in and upon the said one hundred Acres and in and upon every Hundred Acres of the said other Three Hundred Acres When as the same shall be cleared and Cultivated respectively as aforesaid and from time to time sufficiently fence maintain and preserve the same from the Bite and Spoil of Cattle and in the room and stead of such of the said Trees or Plants as shall happen to dye or be otherwise destroyed set and Plant other Trees or Plants of the same sort in and upon the said one Hundred Acres and also in and upon the said Three Hundred Acres respectively with all possible and Convenient Care and Speed so that there may always be growing upon the said one Hundred Acres and also upon every Hundred of the said Three Hundred Acres one Thousand of the said White Mulberry Trees or Plants at the least. Or if the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby Made from time to time possessed of and Intitled to the said Five Hundred Acres of Land shall at any time Alien Assign or Transfer the said Five Hundred Acres or any Part or Parcel thereof for any Term of Years or any Estate or Interest in the same to any Person or Persons whatsoever without the special Leave and Licence of the Common Council for the time being of the said Trustees or of such Officer or Officers as by the said Common Council shall be from time to time Authorised and Impowered to grant such Licences. Or if the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby made from time to time become Possessed of and Intitled to the said Five hundred Acres of Land shall at any time without the Leave and Licence of the said Common Council for the time being of the said Trustees first had and obtained enter into any Company or Partnership whatsoever for the making or Manufacturing of the Ashes commonly Called or known by the Name of Pot Ash. Or if the said James Lacy shall dye without Issue Male or if the Heirs Male of the said James Lacy shall at any time dye without Issue Male so that the Estate in Tail Male hereby Granted shall Cease and Determine. Or if the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby made from time to time become possessed of and Intitled to the said Five Hundred Acres of Land shall do or Committ any Treason Misprision of Treason Insurrection Rebellion Counterfeiting Clipping Washing Coining or other Falsifying of the Money of Great Britain or of any other Realm or Dominions whatsoever or shall do or Commit any Sodomy Murder Felony Homicide Killing Burglary Rape of Women unlawfull Conspiracy or Confederacy and shall be thereof lawfully Convicted. Or if the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby made from time to time become possessed of and Intitled to the said Five Hundred Acres of Land shall at any time keep lodge board or Employ within the Limits of the said Province of Georgia any Person or Persons being a Black or Blacks Negroe or Negroes on any account whatsoever without the special Leave and Licence of the said Common Council for the time being of the said Trustees or of such Officer or Officers as by the said Common Council shall be from time to time Authorised and Impowered to grant such Licences. That then and from thenceforth in any or either of the aforesaid Cases it shall and may be lawfull to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon the said Five Hundred Acres of Land hereby granted to the said James Lacy and upon any part whereof in the Name of the Whole Wholly to reenter and the same to have again retain repossess and enjoy as in their first and former Estate as if this Present Grant had never been had or Made. And all and every such Person or Persons so Neglecting or Misbehaving him or themselves in any or either of the Cases aforesaid and all other the Occupiers and Possessors of the said Five Hundred Acres or of any part or parcel thereof thereout and thenceforce utterly to expell putt out and amove. And also upon the Entry in any of the Cases before mentioned of such Officer or Officers as shall by the said Common Council for the time being be for that Purpose authorised and appointed the Grant hereby made of the said Five Hundred Acres of Land as aforesaid shall Cease Determine and become Void Any thing herein Contained to the Contrary thereof Notwithstanding. And the said Trustees do further declare that they do not design or intend hereby to hinder or prevent him the said James Lacy or such other Person as shall by Virtue of these Presents and of the Grant in Tail Male hereby made from time to time become Possessed of and Intitled to the said Five Hundred Acres of Land (not entering into a Company or Partnership with any Person or Persons whatsoever for that purpose as aforesaid) from making or Manufacturing as best he or they severally may the said Ashes commonly Called Potash. And the said Trustees for Establishing the Colony of Georgia in America do hereby for themselves and their Successors Covenant Promise and Agree to and with the said James Lacy his Executors and Administrators in Manner following. That is to say, That in Case he the said James Lacy shall dye without Heirs Male of his Body lawfully begotten as aforesaid in the Life time of any Woman to whom he shall be then lawfully Married and who shall not be ensient7 with a Male Child at the time of such his Decease they the said Common Council of the said Trustees on the reasonable request of such Woman shall and will Grant Convey and Assure the said Five Hundred Acres of Land to such Woman and to the Heirs Male of the Body of such Woman lawfully begotten under the like Rents Conditions Limitations and Agreements as are herein before reserved conditioned limited declared and expressed of and Concerning the same. And the said Trustees do hereby for themselves and their Successors further Covenant Promise and Agree to and with him the said James Lacy his Executors and Administrators That for and during the space of Twelve Months to be computed from the day on which the said James Lacy together with four Men Servants being each of them of the Age of Eighteen Years and Upwards as aforesaid shall arrive in the said Province of Georgia They the said Common Council of the said Trustees will at the Costs and Charges of the Corporation of the said Trustees provide and supply him the said James Lacy and such four Men Servants as aforesaid with Provisions in Manner following (That is to say) five Pounds weight of Flower and five pounds weight of Meat by the Week for him the said James Lacy and after the same rate for each and every of such four Men Servants as aforesaid. And further that the said Common Council of the said Trustees shall and will as Occasion shall require during the first Twelve Months as aforesaid provide and supply him the said James Lacy and such four Men Servants as aforesaid with Muskets or Firelocks together with sufficient Powder and Ball for the defence of themselves and of the Colony settled in the said Province of Georgia. The said Arms to be returned to the Common Magazine of the said Colony when demanded by the proper Officer. And the said Trustees do hereby for themselves and their Successors further Covenant Promise and Agree to and with the said James Lacy his Executors and Administrators That at such time or times as the said Common Council of the said Trustees shall be thereunto requested by the said James Lacy or his Heirs Male Occupying and Possessing the said Five Hundred Acres as aforesaid by any writing under their hands and Seals They the said Common Council will give and Grant to such Men Servants as shall arrive and settle with him in the said Province of Georgia as aforesaid Lands in the said Province to them and every of them severally in Tail Male under such Rents Conditions Limitations Agreements and in such Quantities as shall by the said Common Council of the said Trustees have been then last granted to any others Men Servants in like Circumstances. And the said Trustees for Establishing the Colony of Georgia in America Do hereby Ordain Constitute and appoint him the said James Oglethorpe their true and lawfull Attorney in their Name and Stead into and upon the said Five Hundred Acres of Land or into and upon any part or parcell thereof (being so set out limited and bounded as aforesaid) in the Name of the whole to enter and take possession and Seisin thereof and after such Possession and Seisin so taken as aforesaid In their Name and Stead to Deliver full and quiet Possession and Seisin thereof or of any part or parcel thereof in the Names of the whole to the said James Lacy and him the said James Lacy to have in quiet and peaceable Possession there of according to the true intent and meaning of these Presents Ratifying and Confirming whatever their said Attorney shall by Virtue of these Presents do in their Names concerning the said Premises. In Witness whereof the said Common Council of the Corporation of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the said Corporation the Day and Year first Above written
By Orders of the said Common Council
Benja. Martyn Sectary
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Indorsed on the Back
Memorandum
That on the day of in the Year of the Reign of Our Soverign Lord George the second by the Grace of God of Great Britain France and Ireland King Defender of the Faith &c. Annoque Dni. 173 quiet and peacable Possession and Seisin of the said Five Hundred Acres of Land within Granted was had and taken by the within named James Oglethorpe for and in the Name of the said Trustees for Establishing the Colony of Georgia in America and also for and in the Name of the said Trustees delivered by the said James Oglethorpe unto the within named James Lacy To hold to him the said James Lacy and his Heirs Male upon the Conditions and according to the force and true Meaning of this Deed. Within written In the Presence of
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The like Indenture of the same Tenour and Date to Roger Lacy of London Merchant as the aforegoing to James Lacy.
The like Indenture of the same Tenour and Date to Joseph Hetherington of London Merchant as the aforegoing Indenture to James Lacy.
The like Indenture of the same Tenour and Date to Theophilus Hetherington of London Merchant as the aforegoing Indenture to James Lacy.
The like Indenture of the same Tenour and date to Philip Bishop of London Merchant as the aforegoing Indenture to James Lacy.
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Common Council Grant of 300 acres of land to Henry Pinkerton. Jan. 10, 1732/33. C.O. 5/670, pp. 57-65.
This Indenture made the Tenth day of January in the sixth 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 & Annoque Dni. 1732 Between the Trustees for Establishing the Colony of Georgia in America of the one Part and Henry Pinkerton Ensign on half Pay of Brigadier Farrers late Regiment of Foot of the other Part. Whereas the said Henry Pinkerton doth purpose with all Convenient Speed to go to the Province of Georgia in America and there to Settle and Inhabit and to Clear and Improve such Lands as the Common Council of the said Trustees shall grant to him in Tail Male. Now this Indenture Witnesseth That for and in Consideration of the great advantage that may accrue to the Kingdom of Great Britain by the settling and Improving of the said Province and also in Consideration of the Rents Services and Conditions herein after expressed by the said Henry Pinkerton his Heirs Executors & Administrators to be done performed & Executed and also in Consideration of the Sum of one Pound and one Shilling by the said Henry Pinkerton well and truly paid for the Use of the said Trustees the Receipt whereof is hereby acknowledged, [Here the wording is the same as the grant to James Lacy above beginning on p. 28, line 20, and continuing through p. 30, line 5, with the following exceptions:
Read always “Three Hundred Acres” instead of “Five Hundred Acres.”
The quitrent to be one pound and ten shillings instead of two pounds and ten shillings for Lacy.
Three male servants required to be brought by Pinkerton.
Pinkerton to clear and cultivate threescore acres in ten years and plant 600 white mulberry trees upon it.]
And these Presents further Witness and it is the true intent and meaning thereof That if it shall so happen That any part of the said Three Hundred Acres of Land hereby granted to him the said Henry Pinkerton in Tail Male as aforesaid shall not be Cultivated Planted Cleared and Improved within Eighteen Years the same to be Computed from the day of the date hereof, That then and in such Case all and every part of such three Hundred Acres of Land which shall not have been Cultivated Planted Cleared and Improved as aforesaid shall be and belong to The said Trustees for Establishing the Colony of Georgia in America and their Successors and the Grant hereby made of such Lands as to such Part and Parts thereof shall cease determine and become Void and it shall and may be lawfull to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon such Part and Parts not having been Cultivated Planted Cleared and Improved as aforesaid to reenter and the same to have again retain repossess and enjoy as in their first and former Estate as if this Present Grant had never been had or made and all and every Person and Persons Occupiers and Possessors of such Part and Parts thereout and thenceforth utterly to expell put out and amove and also to grant and Dispose of the same in such Manner and for such Uses intents & Purposes as the Common Council for the time being of the said Trustees shall think fitt and proper. And the said Trustees for Establishing the Colony of Georgia in America do hereby for themselves and their Successors Covenant Promise & Agree to & with him the said Henry Pinkerton his Executors & Administrators in manner following (That is to say) That at such time or times as the said Common Council of the said Trustees shall be thereunto requested by the said Henry Pinkerton or his Heirs Male Occupying & Possessing the said Three hundred Acres as aforesaid by any Writing under their hands & Seals. They the said Common Council will give & grant to such Men Servants as shall arrive & settle with him in the said Province of Georgia Twenty five Acres of Land in the said Province of Georgia to each & every of them severally in Tail Male under such Rents Conditions Limitations as shall by the said Common Council of the said Trustees have been then last Granted to any other Men Servants in like Circumstances. [From here to the end of the document is the same as the grant to James Lacy above beginning on p. 32, line 4.]
Benja. Martin, Sectary
With Livery & Seisin Indorsed of the said 300 Acres in the same manner as on the Grant to James Lacy.
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Common Council Authorization to James Oglethorpe to set out 1200 acres of land for William Reyner, John Salmon, Charles Harrison, Thomas Smith, and John Coates. Jan. 10, 1732/33. C.O. 5/670, pp. 66-67.
The Common Council of the Trustees for Establishing the Colany of Georgia in America To all to whom these Presents shall come Sendeth Greeting. Know Ye that We have authorised and impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. one of the said Common Council of the said Trustees and by these Presents Do Authorise and impower him the said James Oglethorpe at any time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America to set out limit and bound Twelve Hundred Acres of Land in the said Province of Georgia in America (Granted by the said Trustees by Indenture bearing date the seventh day of December 1732 to William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns in Common for and during the Term of Ten Years to be Computed from the day of the date of the said Indenture) in such manner and in such Part or Parts of the said Province as He shall Judge most proper and convenient but to extend and lie along the River Savanah in breadth half of a Mile and no more and to extend from the said River up into the Country as near as may be in a straight line in length so as to make up the said number of Twelver Hundred Acres Reserving all along by the side of the said River Two hundred Feet of ground to be measured in breadth from the Bank of the said River for touring Paths and such other Purposes as shall be directed and appointed for the better carrying on the Navigation and Fishery of the said River. And also to Set out convenient Extent and Space of Ground whereon they the said William Reyner John Salmon Charles Harrison Thomas Smith and John Coates their Executors Administrators and Assigns may erect and build four Houses in such Part or Parts of the Town of Savanah as He shall Judge most proper and convenient. (The said convenient Extent and Space of Ground being Granted to them by the said Indenture.) In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the Tenth day of January in the Sixth Year of the Reign of Our Soverign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c Annoqui Dni. 1732.
By Order of the Common Council
of the said Trustees
Benja. Martyn, Sectary
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Common Council Grant of 3000 acres of land to John Pennefather. Feb. 21, 1732/33. C.O. 5/670, pp. 67-69.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 21st. of February 1732 to John Pennefather late of Dublin Gentleman of Three Hundred Acres of Land in Georgia. To hold to him and the Heirs Male of his Body Paying Yearly for ever a Rent of One Pound & ten shillings, the first Payment to be made on the first day of the Eleventh Year from the Date Upon these Conditions That if the said Rent shall be unpaid for six calendar Months after it ought to be paid, Or if he shall not within twelve Calendar Months from the date Go to and Arrive in Georgia together with three Men Servants each of the Age of Twenty Years and upwards, Or if he with such men servants shall not continue in Georgia for three years from the Registering the Grant there, Or if within Ten years from the date Threescore Acres thereof shall not be Cleared & Cultivated & Six hundred White Mulberry Trees or Plants Sett & Planted thereon & one Thousand of the said Trees upon every hundred of the said other Two hundred & Forty Acres when respectively Cleared & Cultivated & preserve & Maintain such Quantitys at least always growing thereon, Or if at any time the said Three hundred Acres or any part thereof shall be aliened assigned or transferred without Licence, Or if any Partnership for making Pot Ash shall be Entered into without Licence, Or if the Estate in Tail Male shall cease & determine, Or if he or whoever shall Possess or be Intitled to the said Three hundred Acres shall be Convicted of any Capital Crime, or shall hire keep lodge board or Employ any Black or Blacks Negroe or Negroes without Licence, That then in any or either of the aforesaid Cases It shall be lawfull to Reenter & amove the Occupiers & Possessors thereof. And upon such Entry the Grant to be void. And the Trustees Declare they do not design thereby to hinder the making Pot Ash out of Partnership. And if it shall happen that any Part of the said Three Hundred Acres shall not within Eighteen Years have been Cultivated Planted Cleared and Improved such Part or Parts to Revert to the Trustees to Grant and Dispose of in such manner as the Common Council of the said Trustees for the time being shall think fitt. A Covenant from the Trustees, when requested That the Common Council of the said Trustees shall Grant to such Men Servants as shall Arrive and Settle with him in Georgia Twenty five Acres of Land to each severally in Tail Male under such Agreements as shall have been then last Granted to other Men Servants in like Circumstances. A Power for Mr. Oglethorpe to take & Deliver Possession & Seisin of the said Three hundred Acres. A Covenant from Jno. Pennefather to Go with three such Men Servants to Georgia & continue there as in the Conditions before mentioned. And that the Rent shall be Paid as Reserved & made payable. A Covenant from the Trustees That in Case he shall Pay Perform Do & Execute what is before mentioned & contained. And in Case he dye without Issue Male of his Body living at his Decease That then the said Three Hundred Acres shall be Granted to or amongst all or any Son or Sons of the Body of Mary Nary (his Daughter) lawfully begotten or to be begotten or to Francis Sheerman or Robert Sheerman his Nephews or either of them either whole and entire or in such Share & Parts as he shall by his last Will or any Writing under his hand & Seal Nominate and appoint. Provided that every Share or Shares so to be appointed contain One Hundred Acres at least in every such Share & all Appointments to the contrary to be void, that every Grant so to be appointed shall be of an Estate in Tail Male and for no other Estate whatsoever and under such Agreements as are declared concerning the said Three Hundred Acres Granted to him in Tail Male. A Counterpart whereof Executed by the said John Pennefather remains with the Trustees & thereby the said Grant more at large appears.
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Common Council Grant of 80 acres of land to William Gough, Sr. Feb. 21, 1732/33. C.O. 5/670, p. 70.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 21st of Febry, 1732 to William Gough Senior Citizen and Haberdasher of London of Eighty Acres of Land. To hold to him and the Heirs Male of his Body Paying Yearly for Ever a Rent of Eight Shillings in the same manner & under the same Conditions as in the Grant to John Pennefather (Except in the Proportion of Land to be Cleared & Planted and that within ten Years only Sixteen Acres to be cleared and one hundred & Sixty Trees planted thereon and one Hundred Trees upon every Ten of the said other Sixty four Acres when respectively Cleared & Except one Man Servant of Eighteen years of age instead of Three of Twenty Years of Age). The following part of the Grant the same as in John Pennefather’s (except in the Land to be Granted to the Servant only Twenty Acres instead of Twenty five Acres) to the End of John Pennefathers Covent, that the Rent shall Paid as reserved and made payable. And then the Grant to Wm. Gough Senior Ends As by a Counterpart thereof Executed by him remaining with the Trustees whereby the said Grant more at large appears.
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Common Council Grant of 80 acres of land to William Gough, Jr. Feb. 21, 1732/33. C.O. 5/670, p. 70.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 21st of February 1732 to William Gough Junior of St. Bartholomew’s the Great Mariner of Eight Acres of Land in the same Words as in the Grant to William Gough Senior (except Junior instead of Senior). As by a Counterpart thereof Executing by him & remaining with the said Trustees whereby the said Grant more at large appears.
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Common Council Licence to James Lacy to stay in England and perform all other provisions of his grant. March 28, 1733. C.O. 5/670, p. 71-72.
The Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall Come - Sendeth Greeting. Whereas by a certain Indenture bearing date the twenty first day of December 1732 and made between the said Trustees of the one part and James Lacy of London Merchant of the other part, certain Lands in the Province of Georgia in America are granted to the said James Lacy in Tail Male on Condition (among other things) That the said James Lacy shall within the space of Twelve Calendar Months to be computed from the day of the date of the said Indenture Go to and Arrive in the said Province of Georgia and there abide settle inhabit and continue for and during the Term of Three Years to be computed from the day of the Registering the said Indenture in the Common Register of the said Province of Georgia otherwise the Grant thereby made to Cease Determine and become void. And Whereas Roger Lacy Brother of the said James Lacy, Joseph Hetherington, Theophihus Hetherington, Robert Hetherington & Philip Bishop are Going to settle in the said Province and are desirous that the said James Lacy should reside and continue in London to Manage Transact for them here, and have requested our Leave and Licence in that behalf. Now Know Yee That the said Trustees taking into Consideration the said Request Have granted and by these Presents Do Grant Leave and Licence to and for the said James Lacy to remain and be in London for the Purposes aforesaid. And Do for themselves and their Successors agree and declare that neither they nor their Successors will Enter on the Land Granted to the said James Lacy in Tail Male or otherwise Evict or Disturb him the said James Lacy in the Possession and Enjoyment thereof for or on account of his not going to Georgia and abiding and continuing there according to the Condition beforementioned. Provided always that nothing herein contained shall be deemed or taken to alter vacate invalidate or make void any other Condition Provisoe or Limitation in the before mentioned Indenture contained and which the said James Lacy without his Going to and resideing in Person in Georgia for the time aforesaid may by his Agents and Servants do perform and execute or cause to be done performed and executed. In Witness whereof The Common Council of the Corporation of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the said Corporation the Twenty Eighth day of March in the sixth Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. and in the Year of Our Lord 1733.
By Order of Common Council
Benj. Martyn Sectary.
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Common Council Grant of 500 acres of land to Robert Hetherington. Feb. 28, 1732/33. C.O. 5/670, p. 72.
An Indenture of Grant & Enfeoffment dated the 28th. of Febry. 1732 to Robert Hetherington of London Merchant of the same Tenor as the Grant to James Lacy Page 46.8. A Counterpart whereof remains with the Trustees. Note this Grant is since agreed to be delivd. up.
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Common Council Grant of 200 acres of land to Henry Fletcher. March 28, 1733. C.O. 5/670, p. 72.
An Indenture of Grant & Enfeoffment dated the 28th. of March 1733 to Henry Fletcher late of Leeds in the County of York Dry Salter of 200d. Acres of Land in Georgia. To hold to him and the Heirs Male of his Body under the Yearly Rent of One Pound, the first Payment to be made on the 1st. day of the 11th Year from the date. Conditions are to Go with one Man Servant in a Year, & abide 3 years to clear 40 Acres in 10 years & Plant 400d. White Mulberry Trees & 100d. White Mulberry Trees upon every 10 Acres of the other 160 Acres as clear’d which is to be in 18 Years from the date or such part thereof unclear’d to Revert with a Covenant from the Trustees, to Grant 20 Acres to such Man Servant when requested by the Grantee. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Grant of 200 acres of land to Samuel Holmes. April 18, 1733. C.O. 5/670, pp. 73-80.
This Indenture made the Eighteenth Day of April in the sixth Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. and in the Year of Our Lord one thousand seven hundred & thirty three Between the Trustees for Establishing the Colony of Georgia in America of the one Part and Samuel Holmes of Bow in the County of Middlesex Bricklayer of the other Part. Whereas the sd. Samuel Holmes doth purpose with all convenient Speed to go to the Province of Georgia in America & there to settle & inhabit & to clear & improve such Lands as the Common Council of the sd. Trustees shall grant to him in Tail Male. Now This Indenture Witnesseth That for & in Consideration of the great advantage that may accrue to the Kingdom of Great Britain by the settling & improving of the said Province & also in Consideration of the Rents Services & Conditions hereinafter expressed by the sd. Samuel Holmes his Heirs Executors & Administrators to be done performed and Executed & also in Consideration of the Sum of Five Shillings by the sd. Samuel Holmes well & truly paid for the Use of the sd. Trustees The receipt whereof is hereby acknowledged they the sd. Trustees for Establishing the Colony of Georgia in America Have granted & Enfeoffed & by these Presents Do Grant & Enfeoff unto him the sd. Samuel Holmes & to the Heirs Male of His Body lawfully begotten or to be begotten Two Hundred Acres of Land lying & being in the Province of Georgia in America being part & parcell of the Lands which his Majesty graciously Granted to the sd. Trustees by his Letters Patent bearing date the ninth Day of June One thousand seven Hundred & thirty two. The sd. Two Hundred Acres to be set out limited & bounded in such manner & in such Part or Parts of the sd. Province as shall be thought most Convenient & Proper by James Oglethorpe of West Brook Place in the County of Surry Esquire one of the sd. Common Council of the sd. Trustees to whom the sd. Trustees do by these Presents give full Power & Authority for that purpose. (Reserved & always excepted out of this grant in Case the sd. Two Hundred Acres shall be set out by the side of any River Two Hundred feet of Ground to be measured in breadth from the Bank of such River along by the side of such River the same to be for towing Paths & for such other Purposes as shall by the sd. Common Council be directed & appointed for the better carrying on the Navigation & Fishery of such River.) To have and To hold the sd. Two Hundred Acres of Land to him the sd. Samuel Holmes & to the Heirs Male of the Body of Him the sd. Samuel Holmes lawfully begotten or to be begotten. Yeilding & Paying for such Two Hundred Acres of Land to the sd. Trustees for Establishing the Colony of Georgia in America & to their Successors Yearly & every Year for ever a Rent or Sum of One Pound of Lawfull Money of Great Britain the same to be paid to such Person or Persons & in such Place in the sd. Province of Georgia as by the Common Council for the time being of the sd. Trustees shall be directed & appointed. The first Payment to be made on the first Day of the eleventh Year to be computed from the day of the date of these Presents. Provided always & these Presents are upon these Conditions That if it shall happen that the sd. Yearly Rent of One Pound hereby reserved or any part or parcell thereof shall be behind & unpaid for the space of six Calender Months next after any day of payment on which the same ought to be paid as afd. Or if the sd. Samuel Holmes shall not within the space of twelve Calender Months to be computed from the day of the date of these Presents Go to & arrive in the said Province of Georgia together with two able body’d Young Men Servants being each of them of the age of twenty Years & upwards. Or if the sd. Samuel Holmes or His Heirs Male with such able bodied Young Men Servants as aforesaid shall not abide settle inhabit & continue in the sd. Province of Georgia for & during the Term of three Years to be computed from the Day of the Registering these Presents in the common Register of the sd. Province of Georgia, Or if the sd. Samuel Holmes or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become Possessed of & Entitled to the sd. Two Hundred Acres of Land shall not within the space of Ten Years to be computed from the day of the date of these Presents Clear & Cultivate Forty Acres of Wood Ground being Part & Parcell of the sd. Two Hundred Acres hereby Granted as aforesaid & sett & Plant Four Hundred Trees or Plants of the white Mulberry Tree in & upon the sd. Forty Acres & in & upon every Ten of the sd. other One hundred & Sixty Acres One Hundred of the sd. white Mulberry Trees or Plants when as the same shall be cleared & cultivated respectively as afd. & from time to time sufficiently fence maintain & preserve the same from the Bite & Spoil of Cattle & in the room & stead of such of the sd. Trees or Plants as shall happen to dye or be otherwise destroyed set & plant other Trees or Plants of the same Sort in & upon the sd. Forty Acres & also in upon the sd. One Hundred & Sixty Acres respectively with all possible & convenient Care & Speed so that there may always be growing upon the sd. Forty Acres Four Hundred of the sd. white Mulberry Trees or Plants & also upon every ten of the sd. One Hundred & Sixty Acres One Hundred of the sd. white Mulberry Trees or Plants at the least. Or if the sd. Samuel Holmes or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become Possessed of & Intitled to the sd. Two Hundred Acres of Land shall at any time alien assign or transferr the sd. Two Hundred Acres or any part or parcell thereof for any Term of Years or any Estate or Interest in the same to any Person or Persons whatsoever without the special Leave & Licence of the sd. Common Council for the time being of the sd. Trustees or of such Officer or Officers as by the sd. Common Council shall be from time to time Authorized & impowered to grant such Licences. Or if the sd. Samuel Holmes or such other Person as shall by Virtue of these Presents & of the grant in Tail Male hereby made from time to time become possessed of & intitled to the said Two Hundred Acres of Land shall at any time without the Leave & Licence of the said Common Council for the time being of the sd. Trustees first had & obtained Enter into any Company or Partnership whatsoever for the making or manufacturing of the Ashes commonly called or known by the Name of Pot Ash. Or if the sd. Samuel Holmes shall dye without Issue Male or if the Heirs Male of the sd. Samuel Holmes shall at any time dye without Issue Male so that the Estate in Tail Male hereby Granted shall Cease & Determine Or if the sd. Samuel Holmes or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become Possessed of & Intitled to the sd. Two Hundred Acres of Land shall do or comit any Treason Misprision of Treason Insurrection Rebellion Counterfeiting Clipping Washing Coining or other Falsifying of the Money of Great Britain or of any other Realm or Dominions whatsoever or shall do or committ any Sodomy Murder Felony Homicide Killing Burglary Rape of Women unlawfull Conspiracy or Confederacy & shall be thereof lawfully convicted or if the sd. Samuel Holmes or such other Person as shall by Virtue of these Presents & of the Grant in Tale Male hereby made from time to time become possessed of & intitled to the sd. Two Hundred Acres of Land shall at any time here lodge board or employ within the Limits of the sd. Province of Georgia any Person or Persons being a Black or Blacks Negroe or Negroes on any Account whatsoever without the special Leave & Licence of the sd. Common Council for the time being of the sd. Trustees or of such Officer or Officers as by the sd. Common Council shall be from time to time Authorised & Impowered to grant such Licences That then & from thenceforth in any or either of the aforesd. Cases it shall & may be lawfull to and for the sd. Trustees for Establishing the Colony of Georgia in America & their Successors into & upon the sd. Two Hundred Acres of Land hereby granted to the said Samuel Holmes & upon any Part thereof in the Name of the whole wholly to reenter & the same to have again retain repossess & enjoy as in their first & former Estate as if this Present Grant had never been had or made and all & every such Person or Persons so neglecting or misbehaving him or themselves in any or either of the Cases aforesaid And all other the Occupiers & Possessors of the sd. Two Hundred Acres or any Part or Parcell thereof thereout & thenceforth utterly to expell put Out & amove. And also upon the Entry in any of the Cases before mentioned of such Officer of Officers as shall by the sd. Common Council for the time being be for that purpose authorised & appointed the Grant hereby made of the sd. Two hundred Acres of Land as afd. shall cease determine & become void any thing herein contained to the contrary thereof notwithstanding. And the sd. Trustees do further Declare That they do not design or intend hereby to hinder or prevent him the sd. Samuel Holmes or such Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & intitled to the sd. Two Hundred Acres of Land (not entering into a Company or Partnership with any Person or Persons whatsoever for that purpose as afd.) from making or Manufacturing as best he or they severally may the sd. Ashes commonly called Pot Ash. And these Presents further Witness & it is the true intent & meaning thereof That if it shall so happen that any part of the sd. Two Hundred Acres of Land hereby granted to him the sd. Samuel Holmes in Tail Male as afd. shall not be Cultivated Planted Cleared & Improved within Eighteen Years the same to be computed from the day of the date hereof That then & in such Case all & every part of such Two Hundred Acres of Land which shall not have been Cultivated Planted Cleared & Improved as aforesd. shall be belong to the sd. Trustees for Establishing the Colony of Georgia in America & their Successors & the Grant hereby made of such Lands as to such Part & Parts thereof shall Cease Oetermi ne & become Void. And it shall & may be lawfull to & for the sd. Trustees for Establishing the Colony of Georgia in America & their Successors into & upon such Parts & Parts not having been Cultivated Planted Cleared & Improved as aforesaid to reenter & the same to have again retain repossess & Enjoy as in their first & former Estate as if this Present Grant had never been had or made & all & every Person & Persons Occupiers & Possessors of such Part & Parts thereout & thenceforth utterly to expell put out & amove & also to grant & dispose of the same in such Manner & to such Uses Intents & Purposes as the Common Council for the time being of the said Trustees shall think fitt & proper. And the sd. Trustees for Establishing the Colony of Georgia in America Do hereby for themselves & their Successors Covenant Promise & Agree to & with the sd. Samuel Holmes his Executors and Administrators in manner following (That is to say). That at such time as the sd. Common Council of the sd. Trustees shall be thereunto requested by the sd. Samuel Holmes or his Heirs Male occupying & possessing the sd. Two Hundred Acres as afd. by any Writing under his or their Hands & Seals They the sd. Common Council will give & grant to such able body’d young Men Servants as shall arrive & settle with him in the sd. Province of Georgia Twenty Acres of Land in the sd. Province of Georgia to each of them severally in Tail Male under such Rents Conditions Limitations and Agreements as shall by the sd. Common Council of the sd. Trustees have been then last granted to any others Men Servants in like Circumstances. And the sd. Trustees for Establishing the Colony of Georgia in America Do hereby Ordain Constitute & Appoint him the sd. James Oglethorpe their true & lawfull Attorney in their Name & Stead into & upon the sd. Two Hundred Acres of Land or into & upon any Part or Parcell thereof (being so set out limited & bounded as afd.) in the name of the whole to Enter & take Possession & Seisin thereof and after such Possession & Seisin so taken as afd. In their Name & Stead to deliver full & quiet Possession & Seisin thereof or of any Part or Parcell thereof in the Name of the whole to the sd. Samuel Holmes & him the said Samuel Holmes to leave in quiet & peaceable Possession thereof according to the true intent & meaning of these Presents Ratifying & Confirming whatever their said Attorney shall by Virtue of these Presents do in their Name concerning the Premises. In Witness whereof the sd. Common Council of the Corporation of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the sd. Corporation the Day & Year first above written.
By Order of the sd.
Common Council
Benja. Martyn Sectary
With Livery & Seisin Indorsed of the said 200 d. Acres in the same manner as on the Grant to James Lacy.
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Common Council Grant of 500 acres of land to Robert Williams. May 11, 1733. C.O. 5/670, pp. 81-90.
This Indenture made the Eleventh day of May in the sixth Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. And in the Year of Our Lord One Thousand seven hundred & thirty three Between the Trustees for Establishing the Colony of Georgia in America of the One Part & Robert Williams of Bristol in the County of Somerset Merchant of the other Part. Whereas the sd. Robert Williams doth purpose with all convenient Speed to go to the Province of Georgia in America & there to settle & inhabit & to clear & improve such Lands as the Common Council of the sd. Trustees shall Grant to him in Tail Male. Now this Indenture Witnesseth That for & in Consideration of the great Advantage that may accrue to the Kingdom of Great Britain by the Settling & Improving the sd. Province & also in Consideration of the Rents Services & Conditions hereinafter expressed by the sd. Robert Williams his Heirs Executors & Administrators to be paid done performed and Executed, and also in Consideration of the Sum of one Pound & one Shilling by the sd. Robert Williams Well & truly paid for the Use of the sd. Trustees the receipt whereof is hereby Acknowledged They the sd. Trustees for Establishing the Colony of Georgia in America Have granted & enfeoffed And by these Presents Do grant & enfeoff unto him the said Robert Williams & to the heirs Male of his Body lawfully begotten or to be begotten Five Hundred Acres of Land lying & being in the Province of Georgia in America being Part & Parcell of the Lands which his Majesty graciously Granted to the sd. Trustees by his Letters Patent bearing date the ninth Day of June 1732. The sd. Five Hundred Acres to be sett out Limited and Bounded in such manner & in such Part or Parts of the sd. Province as shall be thought most convenient & proper by James Oglethorpe of West Brook Place in the County of Surry Esquire one of the sd. Common Council of the sd. Trustees to whom the sd. Trustees do by these Presents give full Power and Authority for that Purpose. Reserved & always Excepted out of this Grant in Case the sd. five Hundred Acres shall be set out by the side of any River Two hundred feet of Ground to be measured in breadth from the Banks of such River along by the side of such River the same to be for towing Paths & for such other purposes as shall by the sd. Common Council be directed & appointed for the better carrying on the Navigation & Fishery of Such River. To have and to hold the sd. Five Hundred Acres of Land to him the sd. Robert Williams and to the Heirs Male of the Body of him the sd. Robert Williams lawfully begotten or to be begotten. Yielding & Paying for such Five Hundred Acres of Land to the sd. Trustees for Establishing the Colony of Georgia in America & their Successors Yearly & every Year for ever a Rent or Sum of Two Pounds & ten Shillings of lawfull Money of Great Britain the same to be paid to such Person or Persons & at such Place in the sd. Province of Georgia as by the Common Council for the time being of the sd. Trustees shall be directed & appointed. The first Payment thereof to be made on the first day of the Eleventh Year to be computed from the day of the date of these Presents. Provided always & these Presents are upon these Conditions That if it shall happen that the sd. Yearly Rent of Two Pounds & ten Shillings hereby reserved or any Part or Parcel thereof shall be behind & unpaid by the space of six Calender Months next after any day of Payment on which the same ought to be pd. as afd. Or if the sd. Robert Williams shall not within the space of Twelve Calender Months to be computed from the day of the date of the Presents go to & arrive in the sd. Province of Georgia together with Six able Bodied Young Men Servants being each of them of the Age of Twenty Years & upwards Or if the sd. Robert Williams or his Heirs Male with such able Bodied Young Men Servants as afd. shall not abide settle inhabit & continue in the sd. Province of Georgia for & during the Term of Three Years to be computed from the day of the Registering these Presents in the Common Register of the sd. Province of Georgia Or if the sd. Robert Williams or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & intitled to the sd. Five Hundred Acres of Land shall not within the space of Ten Years to be computed from the Day of the date of these Presents Clear & Cultivate One Hundred Acres of Wood Ground being Part & Parcel of the sd. Five Hundred Acres hereby Granted as afd. and also within the space of Eighteen Years to be computed from the day of the date hereof shall not Clear & Cultivate other Five [Two?] Hundred and Forty Acres part & parcell of the sd. Five Hundred Acres & Set & Plant one Thousand Trees or Plants of the white Mulberry Tree in & upon the sd. One Hundred Acres and in & upon every Hundred Acres of the sd. other Two Hundred and Forty Acres & remaining one Hundred & Sixty when as the same shall be cleared & cultivated respectively as afd. from time to time sufficiently Fence Maintain & Preserve the same from the Bite & Spoil of Cattle & in the room & stead of such of the sd. Trees or Plants as shall happen to dye or be otherwise destroyed set & Plant other Trees or Plants of the same sort in & upon the sd. one Hundred Acres and also in & upon the sd. Two Hundred & Forty Acres & remaining One hundred & Sixty Acres respectively with all Possible & convenient Care & Speed so that there may always be growing upon the sd. One Hundred and also upon every Hundred of the sd. Two Hundred & Forty Acres and remaining one hundred sixty Acres One thousand of the sd. white Mulberry Trees or Plants at the least. Or if the sd. Robert Williams or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & entitled to the sd. five hundred Acres of Land shall at any time alien Assign or Transfer the sd. Five Hundred Acres or any Part or Parcell thereof for any Term of Years or any Estate or Interest in the same to any Person or Persons whatsoever without the special Leave & Licence of the Common Council for the time being of the sd. Trustees or of such Officer or Officers as by the sd. Common Council shall be from time to time Authorised & Impowered to Grant such Licences Or if the sd. Robert Williams on such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become Possessed of & intitled to the sd. five Hundred Acres of Land shall at any time without the Leave & Licence of the sd. Common Council for the time being of the sd. Trustees first had & obtained enter into any Company or Partnership whatsoever for the making or Manufacture the Ashes commonly called or known by the Name of Pot Ash Or if the sd. Robert Williams shall dye without Issue Male Or if the Heirs Male of the sd. Robert Williams shall at any time dye without Issue Male so that the Estate in Tail Male Hereby Granted shall Cease and Determine Or if the sd. Robert Williams or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & intitled to the sd. Five Hundred Acres of Land shall do or commit any Treason Misprision of Treason Insurrection Rebellion Counterfeiting & Clipping Washing Coining or other falsifying of the Money of Great Britain or of any other Realm or Dominions whatsoever or shall do or commit any Sodomey Murder Felony Homicide Killing Burglary Rape of Women unlawfull Conspiracy or Confederacy & shall thereof be lawfully convicted Or if the sd. Robert Williams or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & intitled to the said Five Hundred Acres of Land shall at any time hire keep lodge board or employ within the Limits of the sd. Province of Georgia any Person or Persons being a Black or Blacks Negroe or Negroes on any account whatsoever without the special Leave & Licence of the sd. Common Council for the time being of the sd. Trustees or of such Officer or Officers as by the said Common Council shall be from time to time Authorised and Empowered to Grant such Licences That then & from thenceforth in any or either of the aforesd. Cases it shall & may be lawfull to & for the said Trustees for Establishing the Colony of Georgia in America & their Successors into & upon the said Five Hundred Acres of Land hereby Granted to the sd. Robert Williams & upon any part thereof in the Name of the whole wholly to reenter & the same to have again retain repossess & enjoy as in their first & former Estate as if this present Grant had never been had or made & all & every such Person or Persons so Neglecting or Misbehaving him or themselves in any or either of the cases afd. & all others the Occupiers & Possessors of the sd. Five Hundred Acres or of any part or parcel thereof thereout & thenceforth utterly to expell put out & amove and Also upon the Entry in any of the Cases before mentioned of such Officer or Officers as shall by the Common Council for the time being be for that purpose Authorised & Appointed The Grant hereby made of the sd. Five Hundred Acres of Land as ofd. shall cease Determine & become Void any thing herein contained to the contrary thereof Notwithstanding. And the sd. Trustees do further declare that they do not design or intend hereby to hinder or prevent him the sd. Robert Williams or such other Person as shall by Virtue of these Presents & of the Grant in Tail Male hereby made from time to time become possessed of & intitled to the sd. Five Hundred Acres of Land not entering into any Company or Partnership with any Person or Persons whatsoever for that Purpose as afd. from making or Manufacturing as best he or them severally may the sd. ashes commonly called Pot Ash. And these Presents further Witness and it is the true intent & meaning thereof That if it shall so happen that any part of the sd. Five Hundred Acres of Land hereby granted to him the sd. Robert Williams in Tail Male as afd. shall not be cultivated planted cleared & improved within Twenty Two Years the same to be computed from the day of the date hereof that then & in such Case all & every Part of such Five Hundred Acres of Land which shall not have been Cultivated Planted Cleared & Improved as afd. shall be & belong to the sd. Trustees for Establishing the Colony of Georgia in America & their Successors & the grant hereby made of such Lands as to such Part & Parts thereof shall cease determine and become Void. And it shall & may be lawfull to & for the sd. Trustees for Establishing the Colony of Georgia in America & their Successors into & upon such Part & Parts not having been Cultivated Planted Cleared & Improved as afd. to reenter & the same to have again retain repossess & enjoy as in their first & former Estate as if this Present Grant had never been had or made at all & every Person & Persons Occupiers & Possessors of such Part & Parts thereout & thenceforth utterly to Expell put Out & Amove & also to Grant & Dispose of the same in such Manner & for such Uses Intents & Purposes as the Common Council for the time being of the sd. Trustees shall think fitt & proper. And the sd. Trustees for Establishing the Colony of Georgia in America Do hereby for themselves & their Successors Covenant Promise & Agree to & with the sd. Robert Williams his Executors & Administrators in manner following. (That is to say) That at such time or times as the sd. Common Council of the sd. Trustees shall be thereunto requested by the sd. Robert Williams or his Heirs Male Occupying & possessing the sd. five Hundred Acres as afd. by any writing under their Hands & Seals They the sd. Common Council will give & grant to such Able Bodied Young Men Servants as shall arrive & settle with him in the sd. Province of Georgia as afd. Twenty five Acres of Land in the sd. Province of Georgia to each & every of them severally in Tail Male under such Rents Conditions Limitations & Agreements as shall by the sd. Common Council of the sd. Trustees have been then last Granted to any other Men Servants in like Circumstances. And the sd. Trustees for Establishing the Colony of Georgia in America Do hereby Ordain Constitute & Appoint him the sd. James Oglethorpe their true & lawfull Attorney in their Name & Stead into & upon the sd. Five Hundred Acres of Land or into & upon any part or parcell thereof (being so set out limited & bounded as afd.) in the Name of the Whole to enter & take possession & Seisin thereof & after such Possession & Seisin so taken as afd. in their name & stead to deliver full & quiet Possession & Seisin thereof or of any Part or Parcel thereof in the Name of the whole to the sd. Robert Williams & he the sd. Robert Williams to leave in the quiet & peaceable Possession thereof according to the true intent & meaning of these Presents. Ratifying & Confirming whatever their said Attorney shall by Virtue of these Presents do in their name concerning the Premises. And the sd. Robert Williams for himself his Heirs Executors Administrators & Assigns & for every of them doth hereby Covenant Promise & Agree to & with the sd. Trustees for Establishing the Colony of Georgia in America & their Successors in manner following. (That is to Say) that he the said Robert Williams shall & will within the space of Twelve Months to be computed from the day of the date of these Presents Go to the sd. Province of Georgia together with six able bodied Young Men Servants being each of the Age of Twenty Years at the least & will together with such Men Servants as afd. abide settle inhabit & continue in the sd. Province of Georgia for & during the Term of three Years to be computed from the day of the registering these Presents in the Common Register of the sd. Province of Georgia. And further that he the sd. Robert Williams his Heirs Executors Administrators & Assigns or some of them shall & will yearly & every Year well & truly pay or cause to be paid unto the sd. Trustees for Establishing the Colony of Georgia in America & their Successors the sd. Yearly Rent or Sum of Two Pounds & ten shillings of lawfull Money of Great Britain in such Manner as the same is herein before reserved & made Payable. In Witness whereof the sd. Common Council of the Corporation of the sd. Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the sd. Corporation & the sd. Robert Williams hath set his Hand & Seal to another Part thereof remaining with the sd. Trustees the Day & Year first above written.
By Order of the sd.
Common Council
Benya. Martyn Sectary
With Livery & Seisin Indorsed of the sd. 500 sd. Acres in the same Manner as in the Grant to James Lacy.
A Counterpart of the aforegoing Grant was sent to Mr. Oglethorpe to be Executed in Georgia by the sd. Robert Williams & so sent by the Susannah Captn. Bailey.
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Common Council Grant of 500 acres of land to John Williams. May 11, 1733. C.O. 5/670, p. 90.
The like Indenture of the same Tenour & Date to John Williams of Bristol Merchant as the aforegoing to Robert Williams.
A Counterpart of Which Grant was sent to Mr. Oglethorpe to be Executed in Georgia by the sd. John Williams & so sent by the Susannah Captn. Bailey.
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Common Council Grant of 500 acres of land to Cornelius Standford. May 11, 1733. C.O. 5/670, p. 90.
A Like Indenture of the same Tenour & Date to Cornelius Standford of Bristol Merchant as the aforegoing to Robert Williams.
A Counterpart of which was sent to Bristol by Sr. Abraham Elton to be Executed by the sd. Cornelius Standford & returned to the Trustees.
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Common Council Grant of 100 acres of land to Edward Jenkins. May 17, 1733. C.O. 5/670, p. 90.
An Indenture of Grants Enfeoffment dated the 17th of May 1733 to Edwd. Jenkins of Shipton Mallet in the County of Somerset Hosier of 100d. Acres of Land in Georgia To hold to him & the Heirs Male of his Body under the yearly Rent of 10s the first Paymt. to be made on the 1st day of the 11th Year from the date. Conditions are to Go with 2 men Servants in a Year & abide 3 Years to clear 20 Acres in 10 Years & Plant 200d. White Mulberry Trees & 100d. white Mulberry Trees upon every 10 Acres of the other 80 Acres as cleared which is to be in 18 years from the date, or such part thereof unclear’d to Revert. With a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Appointment of constables for Savannah. July 4, 1733. C.O. 5/670, pp. 90-91.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America Send Greeting. Whereas sundry poor Persons are imbarked or imbarking in Order to Go to and settle in the Province of Georgia aforesaid and be added to and Inlarge the Town of Savanah now building in the said Province. And Whereas It is therefore necessary to Increase the Number of Constables of the said Town and Precincts thereof. Know Ye that We have nominated constituted & appointed and by these Presents Do nominate constitute & appoint William Brown John to be one of the Constables of the said Town of Savanah and of the Precinets thereof. To hold perform and execute the said Office of Constable for during and untill some other Person by the Common Council for the time being of the said Trustees in the room & stead of the said William Brownjohn shall be nominated and Appointed to the said Office. And We the said Common Council Do hereby Command him the said William Brownjohn That he do in all things Obey the Warrants Orders and Judgments of the Bailiffs and Recorder for the time being of the said Town Judges of the said Town Court as he ought according to Law for the better preserving of the Peace and Administring of Justice in the said Town and the Precincts thereof. And We do hereby authorise and direct the first Bailiff of the said Town for the time being to Administer the Oaths of Allegiance Supremacy and Abjuration mentioned in an Act made in the first Year of the Reign of his late Majesty King George the first (Entitled an Act for the further Security of his Majestys Person and Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants and for extinguishing the hopes of the pretended Prince of Wales and his open Abetters.) And also the Oath of Office to him the said William Brownjohn and to direct the same to be Entered upon Record. In Witness Whereof the said Common Council have to these Presents affixed the Common Seal of the Corporation of the said Trustees for Establishing the Colony of Georgia in America the Fourth Day of July in the seventh Year of the Reign of Our Soverign 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 1733.
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The like appointment of the same Tenour & Date of Henry Parker to be one other of the said Constables.
The like appointment of the same Tenour & date of James Turner to be one other of the said Constables.
The like appointment of the same Tenour & date of John Barnes to be one other of the said Constables.
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Common Council Grant of 2800 acres of land to John Barnes, Henry Parker, and Joshua Sacheverel. June 10, 1733. C.O. 5/670, pp. 92-93.
This Indenture made the Tenth Day of June in the sixth 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 Annoqui Dom. 1735 Between the Trustees for Establishing the Colony of Georgia in America of the one Part & John Barnes Henry Parker and Joshua Sacheverel of London Labourers of the other Part. Witnesseth That the said Trustees in Consideration of the Sum of Five Shillings of Lawfull Money of Great Britain to them or one of them in Hand paid by the said John Barnes Henry Parker and Joshua Sacheverel or one of them at on or before the Ensealing and Delivery of these Presents the Receipt whereof they do hereby acknowledges and for divers other good Causes and Considerations them hereunto moving have given granted bargained & Sold and by these Presents do give grant bargain and Sell unto the said John Barnes Henry Parker and Joshua Sacheverel All those Two Thousand eight Hundred Acres of Land lying & being in the Province of Georgia in America part & parcel of the Lands which his Majesty by his Royal Charter bearing date the ninth day of June in the Year of Our Lord 1732 granted unto the said Trustees and their Successors for ever In trust for Establishing the said Colony of Georgia To have and to Hold the said Two Thousand eight hundred Acres of Land unto the said John Barnes Henry Parker & Joshua Sacheverel and the Survivors and Survivor of them and his Executors & Administrators of such Survivor from the Day of the Date of these Presents unto the full end Term of one whole Year from thence next ensuing and fully to be compleat & Ended. Yielding & Paying therefore unto the said Trustees and their Successors the Rent of one Pepper Corn upon the Feast Day of St. Michael the Arch Angel now next comimg (if lawfully demanded) and no more. To the Intent that by Virtue of these Presents and of the Statute of transferring Uses into Possession the said John Barnes Henry Parker and Joshua Sacheverel or the Survivors or Survivor of them or the Executors or Administrators of such Survivor may be in the Actual Possession of the said hereby bargained Premises and be thereby Enabled to Accept and take a Grant and Release of the Reversion and Inheritance thereof to them the said John Barnes Henry Parker and Joshua Sacheverel or the Survivors or Survivor of them on the Heirs of such Survivor by Indenture of Release intended to be made between the said Trustees of the one Part and the said John Barnes Henry Parker and Joshua Sacheverel of the other Part and to bear Date the day next after the day of the Date of these Presents. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in Ammerica have affixed the Common Seal of the Corporation of the said Trustees the Day and Year first above written.
By Order of the sd. Common Council
Benj Martyn Sectary
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An Indenture of Release bearing date the 11th day of June 1733 from the Trustees for Establishing the Colony of Georgia in America of the beforementioned 2800 Acres of Land to the said John Barnes Henry Parker and Joshua Sacheverell and their Heirs and to the Survivor of them. To the Uses Intents and Purposes & Subject to such Powers and under such Provisoes Limitations and Agreements as are in the said Indenture contained. A Counterpart whereof Executed by the said John Barnes Henry Parker and Joshua Sacheverell remains with the said Trustees and thereby the said Indenture at large appears.
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Common Council Authorization to James Oglethorpe to grant 2800 acres of land to John Barnes, Henry Parker, and Joshua Sacheverel. July 4, 1733. C.O. 5/670, pp. 94-96.
The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall come send Greeting. Whereas in and by a certain Indenture of Release dated the Eleventh Day of June 1733 And made Between the said Trustees for Establishing the Colony of Georgia in America of the one part and John Barnes Henry Parker & Joshua Sacheverel of London Labourers of the other part. The said John Barnes Henry Parker & Joshua Sacheverel for themselves severally and respectively and for their several and respective Heirs Executors and Administrators and not jointly nor the one for the other of them nor for the Heirs Executors or Administrators of the other of them Have Covenanted Promised and Agreed to and with the said Trustees for Establishing the Colony of Georgia in America and their Successors That they and every of them would from time to time according to the best of their Skill and knowledge duely & faithfully Execute the Trust thereby in them reposed and should and would at all times Obey and perform all such Orders and Directions as should from time to time be given them by the Common Council of the said Trustees for Establishing the Colony of Georgia in America or by such Person or Persons as should by the said Common Council for that purpose be Authorised and appointed touching the Granting and Disposing of certain Lands and Premises in and by the said Indenture of Release Granted and mentioned and also touching the Execution of the Trust thereby in them reposed. Now Know Ye That We have authorised James Oglethorpe of West Brook Place in the County of Surrey Esquire one of the said Common Council of the said Trustees & by these Presents Do Authorise & appoint him the said James Oglethorpe from time to time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America Or in any of the British Colonies adjoyning to the said Province to give such Orders & Directions (Touching the Granting and Disposing of the said Lands & Premises & touching the Execution of the Trust in and by the said Indenture in them the said John Barnes Henry Parker and Joshua Sacheverel reposed) to them the said John Barnes Henry Parker & Joshua Sacheverel as he the said James Oglethorpe shall Judge fitt and necessary. And We do further by these Presents strictly enjoyn & Require them the said John Barnes Henry Parker and Joshua Sacheverel duely and faithfully to Execute all such Orders and Directions as shall from time to time be given them by him the said James Oglethorpe according to the several Covenants of them the said John Barnes Henry Parker & Joshua Sacheverel in that behalf made as aforesaid as they and every of them will Answer the Contrary at their Peril. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the Fourth Day of July in the Seventh 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 1733.
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The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall come Send Greeting. Know Ye that We have authorised and impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. one of the said Common Council of the said Trustees And by these Presents Do Authorise & impower the said James Oglethorpe at any time during such time as he the said James Oglethorpe shall be in the Province of Georgia in America to set out limit divide & bound Two Thousand Eight Hundred Acres of Land in the said Province of Georgia in America (Granted by the said Trustees by several Indentures of Lease and Release bearing date the Tenth and Eleventh Days of June 1733 respectively to John Barnes Henry Parker and Joshua Sacheverel for the Uses and Purposes (therein mentioned) in such manner & in such Part or Parts of the said Province as he shall Judge most proper & convenient for the Settling and Establishing the Colony there. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the fourth Day of July in the seventh Year of the Reign of Our Sovreign 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 1733.
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Robert and Theophilus Hetherington’s Petition to the Trustees to assign to Thomas Fawsatt 500 acres of their grants. May 16, 1733. C.O. 5/670, pp. 97-98.
To The Honble The Trustees for Establising the Colony of Georgia in America.
The Humble Petition of Robert Hetherington and Theophilus Hetherington
Sheweth:
That your Petitioner Robt. Hetherington Obtain’d from your Honours a Grant of five Hundred Acres of Land in Georgia bearing date the 25th of February last Under the Conditions in the said Grant mentioned and hath sent over the said Grant with Mr. Lacys in order to go over himself with Servants afterwards. But your said Petitioner having since Married an only Daughter on whose Father Your Petitioner has Dependance and having been apply’d to by Mr. Thomas Fawsatt of Woodstock an Architect who greatly desires to perform the Conditions of Your said petitioner’s grant and to have an Assignment thereof and in Consideration of such Assignment to Repay your said Petitioner whatever Costs your said Petitioner hath been at in preparing to go over to Georgia to which Your said Petitioner has agreed if Your Honrs. will give leave for such Assignment to be made.
And Your Petitioner Theophilus Hetherington having sent to Georgia the Grant he Obtained from Your Honrs. of five Hundred Acres of Land in Georgia dated the 21st. of December last is now getting his Servants ready to go by the first Ship in order to follow himself as soon as possible and being requested by his brother Robert Hetherington in case Your Honrs. shall give leave for him to Assign his five Hundred Acres to Mr. Thomas Fawsatt to have an Assignment to him in the same manner as Your Petitioners five hundred Acres are Granted of Two Hundred & fifty of Your said Petitioners five hundred Acres (after such Assignment to the said Thomas Fawsatt is made) Which Your said Petitioner hath agreed to if Your Honrs. please and your Petitioner is also Willing notwithstanding such Assignment to his said brother to clear Cultivate & Perform all Conditions on the whole Five hundred Acres in order that his said brother Robert Hetherington may remain in England and not hinder any benefitt happening from the Dependance he has on his said Wifes Father.
Wherefore Your Petitioners humbly Pray such Licences may be Granted and Confirmation as Your Honr. shall think fitt.
And Your Petitioners shall Ever Pray &c.
Dated 16th May 1733 | Robt. Hetherington |
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An Indenture of Grant and Enfeoffment dated the 4th of July 1733 to Thomas Fawsett of Woodstock in the County of Oxford Architect of 500d. Acres of Land in Georgia To hold to him and the Heirs Male of his Body under the Yearly Rent of 5£ the first Payment to be made on the 1st. day of the 11th. Year from the date. Conditions are to go with four Men Servants in a Year, and abide 3 years to clear 100d. Acres in ten Years & Plants 1000d. White Mulberry Trees & 1000d. white Mulberry Trees upon every 100d. Acres of the other 1000d. Acres as cleared, whereof 240 Acres in 18 Years & 160 Acres in 22 Years from the date, or such part thereof unclear’d to Revert with a Covenant from the Trustees to Grant 25 Acres to each of such Men Servants when requested by the Grantee. And that in Case he should dye having no Issue Males of his Body lawfully begotten alive at the time of his Decease (having perform’d his Covenants) the said Trustees to Grant the said 500d. Acres to Elizabeth Fawsett his Daughter & the Heirs Male of her Body lawfully to be begotten under the same Covenants As by a Counterpart thereof remaining with the said Trustees more fully appears.
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An Indenture of Grant and Enfeoffment dated the 4th. of July 1733 to Robert Hetherington of London Merchant of 250th Acres of Land in Georgia to hold to him and the Heirs Male of his Body under the Yearly Rent of One Pound & five shillings the first Payment to be made on the 1st. day of the 11th. Year from the date. Conditions are to send two Men Servants in a year & Go himself within 3 Years & all to abide 3 years to clear 50y Acres in ten Years & Plant 500d. White Mulberry Trees & 500d. White Mulberry Trees upon every 50y Acres of the other 200 Acres as clear’d, whereof 120 Acres in 18 Years & 80 Acres in 22 Years from the date or such part thereof unclear’d to Revert. With a Covenant from the Trustees to Grant 25 Acres to each of such Men Servants when requested by the Grantee. And that in Case he should dye without Heirs Male of his Body in the Life time of any Woman to whom he was lawfully married & she not then ensient [pregnant] with a Male Child the said Trustees on her Request to Grant the said 250ty Acres to such Woman & the Heirs Male of her Body lawfully begotten under the same Covenants and to supply such Men Servants for 12 months from their Arrival in Georgia with Provisions after the rate of 5 pds. wt. of Flower & 5 pds. wt. of Meat by the week for each of men & with the use of Arms and Ammunition for the defence of themselves & the Colony the said Arms to be return’d to the Common Magazine of the sd. Colony. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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A like Indenture of the same Tenor and Date to Theophilus Hetherington of London Merchant (except to Go himself in 12 Months instead of 3 Years) as the aforegoing to Robert Hetherington. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Authorization to Roger Lacy as to inheritance of his Georgia land. July 4, 1733. C.O. 5/670, p. 99.
To all to whom these Presents shall come The Comon Council of the Corporation of the Trustees for Establishing the Colony of Georgia in America Send Greeting. Whereas by Indenture bearing date the twenty first day of December in ye Year of Our Lord 1732 and made or mentioned to be made Between the Trustees for Establishing the Colony of Georgia in America of the one Part and Roger Lacy of London Merchant of the other Part. The said Trustees did Grant and Enfeoff unto the said Roger Lacy Five Hundred Acres of Land in the Province of Georgia in America in Tail Male under the Terms & Conditions in the said Indenture mentioned. And Whereas the said Trustees in and by the said Indenture did Covenant with the said Roger Lacy That in Case the said Roger Lacy should Dye without Heirs Male of his Body lawfully begotten as aforesaid in the Life time of any Woman to whom he shall be then lawfully married and who shall not be Ensient with a Male Child at the time of such his Decease The Comon Council of the said Trustees on the reasonable request of such Woman should and would Grant the said Five Hundred Acres of Land to such Woman and to the Heirs Male of the Body of such Woman lawfully begotten under the like Rent, Conditions, Limitations and Agreements as are therein mentioned. Now Know Ye That the said Trustees for Establishing the Colony of Georgia in America at the Humble Petition and Request of them the said Roger Lacy and Mary his Wife (the said Mary having been first examined and freely consenting and desiring the same) Have Agreed and Do hereby Agree That in Case the said Roger Lacy shall in the Life time of the said Mary depart this Life without Heirs Male of his Body on the said Mary begotten and also in Case the said Mary shall not be Ensient with a Male Child at the time of such his Decease That then and in such Case the Comon Council of the said Trustees shall and will Grant, Convey and Assure in a reasonable time from and after the Decease of the said Mary Lacy One Moiety [share] of the said Five Hundred Acres of Land to Monsieur Francois Guillart of Everdon in the Canton of Bearn in Swisterland and to the Heirs Male of the Body of him the said Francois Guillant lawfully begotten or to be begotten a One other Moiety of the same to Theophilus Lacy Brother of the said Roger Lacy and to the Heirs Male of the Body of him the said Theophilus Lacy lawfully begotten or to be begotten under the like Rent Conditions Limitations and Agreements as are reserved conditioned limited declared and expressed in the before mentioned Indenture of and concerning the said Five Hundred Acres of Land Granted to the said Roger Lacy as aforesaid. In Witness whereof the said Comon Council of the Corporation of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Comon Seal of the said Corporation the fourth day of July in the Seventh 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 and so forth And in the Year of our Lord One Thousand seven Hundred and thirty three.
By Order of the said Common Council
Benj. Martyn Sectary
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William Houstoun’s Letter of Attorney in favor of Philip Miller. Oct. 11, 1732. C.O. 5/670, pp. 100-101.
Know all Men by these Presents that I William Houstoun late Surgeon of the South Sea Company Ship Don Carlos Have made ordained constituted and appointed and by these Presents Do make Ordain constitute and appoint Philip Miller of Chelsea in the County of Middx. Gardiner my true and lawful Attorney for me in my Name and on my behalf to Ask Demand and Receive of and from all and every Person or Persons whatsoever indebted unto me upon Bond Bill Note specialty Book account or otherwise howsoever. The several Sum and Sums of Money by and from them to me due and owing or becoming due and owing and to Sign and give proper Receipts Acquittances and Discharges And in Case of Refusal or Delay by such Person or Persons of or in Payment of such Debt and Debts Sum and Sums of Money him and them making default to Sue and Compell thereto by all lawful waies and means whatsoever And to Account adjust and settle with all and every Person or Persons whom I have had Transactions with or Dealings now depending relating to Merchandize otherwise. And in all Cases nothing reserved or Excepted (saving only so far as relates to my Claim and Interest in and to Ten Baggs of Havana Snuff in the Custody of the South Sea Company for transacting which I have executed a peculiar power to Mr. Silvanus Bevan) me to Represent and all for and my Affairs and Business to Transact and Negotiate And for the Ends and purposes aforesaid at all times to appear before all Lords Judges and Justices in any Court or Courts of Law or Equity and there in the Name of Me the said William Houstoun or otherwise as the Case shall require to Commence Suffer Enter Sue and prosecute Accon. or Accons. Complaint or Complaints against all and every such Person and Persons Indebted and making default as aforesaid or refusing to Account settle adjust and deliver over to my said Attorney what to me shall belong. And to Answer Defend and Reply in all Actions Matters and causes touching and concerning the Premises And to sue Prosecute Implead Seize Sequester Attach Imprison and to Condemn and out of Prison again to deliver. And if occasion to my said Attorney shall seem proper to Compound and to submit to Arbitration And Generally in and about the Premises to do perform and Execute all and whatsoever shall be requisite and necessary as fully amply and Effectually to all intents constructions and purposes as I myself might or could do if personally present. And One more Attorney or Attorneys under him to Appoint and again at pleasure to Revoke. And I Do hereby Ratify and Confirm and Declare I will hold for good and valid all and whatsoever my said Attorney shall lawfully do pursue or cause to be done in and about the Premises by virtue of these Presents. In Witness whereof I the said William Houstoun have hereunto set my Hand and Seal the Eleventh day of October Anno Dom 1732 And in the Sixth Year of the Reign of our Lord George the Second King of Great Britain Sealed and Deliver’d (being first duly stamped) in the presence of
William Houstoun
Peter Gandy
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Common Council Grant of 500 acres of land to Patrick Houstoun. Aug. 1, 1733. C.O. 5/670, p. 101.
An Indenture of Grant and Enfeoffment dated the 1st. of August 1733 to Patrick Houstoun of Glasgow Merchant of 500d. Acres of Land in Georgia To hold to him & the Heirs Male of his Body under the yearly Rent of 5£10 the first Payment on the 1st. day of the 11th. Year from 9 June 1732. Conditions are to go with ten Men Servants in a year & abide 3 Years to clear 200d. Acres in ten years & Plant 2000d. White Mulberry Trees & 1000d. white Mulberry Trees upon every 100d. Acres of the other 300d. Acres as clear’d which is to be in 18 Years from the date, or such part thereof unclear’d to Revert, with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. As by a Counterpart thereof remaining with the said Trustees more fully appear.
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Common Council Grant of 400 acres of land to George Moore. Aug. 1, 1733. C.O. 5/670, p. 101.
An Indenture of Grant and Enfeoffment dated the 1st of August 1733 to George Moore of the Parish of St. John the Evangelist Westminster Sugar Boyler of 400d. Acres of Land in Georgia To hold to him & the Heirs Male of his Body under the yearly Rent of Four Pounds the first Payment on the 1st. day of the 4th. year from 9 June 1732. Conditions are to Go with 8 Men Servants in a year & abide 3 Years, to clear 160 Acres in 10 Years & Plant 1600d. White Mulberry Trees & 1000d. White Mulberry Trees upon every 100d. Acres of the other 240 Acres as clear’d which is to be in 18 years from the date or such part thereof unclear’d to Revert. With a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. And that on Performance of Geo. Moore’s Covenants & in case he dye in his present Wifes Life leaving no Issue Male & she not ensient of a Male Child the said Trustees to Grant the said 400d. Acres to his said Wife during her Natural Life and after her Decease one Moiety to such Person as by his last will he shall Nominate & the other Moiety to such Person as his said Wife by her last Will shall nominate under the same Covenants & in Tail Male. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Trustee Letter of Attorney to Harman Verelst to receive £10,000 from the Lord High Treasurer to carry protestants to Georgia. Aug. 1, 1733. C.O. 5/670, p. 102.
Know all Men by these Presents. That We the Trustees for Establishing the Colony of Georgia in America have made ordained and constituted and in Our Stead & Place put and deputed, And by these Presents do make ordain constitute and in Our Stead and Place put and depute Mr. Harman Verelst Our Accountant to be Attorney for Us, and in Our Names and for Our Use to ask & receive of the Right Honble The Lords Commissioners for Executing the Office of Lord High Treasurer of Great Britain or whom else it shall & may concern, The Sum of Ten Thousand Pounds out of the Money arisen by Sale of the Lands in the Island of St. Christopher, to be applied towards defraying the Charges of carrying over and settling foreign and other Protestants in the Colony of Georgia aforesaid. Pursuant to a Clause for enabling his Majesty to Issue the said Sum out of the Money arisen by Sale of the Lands in the Island of St. Christopher, in an Act passed the last Session of Parliament for enabling his Majesty to apply Five hundred thousand Pounds out of the Sinking Fund for the Service of the Year One thousand Seven hundred & thirty three and for the further Disposition of the said Fund by Paying off One Million of South Sea Annuitys and for enabling his Majesty out of the Monies arisen by the Sale of the Lands in the Island of St. Christopher to Pay the Sum of Eighty Thousand Pounds for the Marriage Portion of the Princess Royal and Ten thousand Pounds to the Trustees for Establishing the Colony of Georgia in America and for other Purposes in the said Act mentioned. And accquittance or other sufficient Discharge to the same for Us and in Our Name to make Seal & deliver and to do all other Acts & Things whatsoever concenring the Premises as fully in every respect as We the said Trustees might or could do. And We the said Trustees do hereby Ratify and Confirm whatsoever Our Said Attorney shall lawfully do in Our Name by the force of these Presents. In Witness whereof We the said Trustees have hereunto Caused our Comon Seal to be affixed this first day of August in the Seaventh Year of the Reign of Our Sovereign Lord George the Second of Great Britain France & Ireland King Defender of the Faith &c and in the Year of Our Lord 1733.
By Order of the said Trustees
Benja. Martyn Sectry.
L. S.
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Trustee Request to the Commissioners of the Treasury to issue the £10,000 for Georgia without the deduction of six pence in the pound. Aug. 11, 1733. C.O. 5/670, p. 103.
To the Right Honble. The Lords Commissioners of his Majestys Treasury.
May it Please your Lordships
The Trustees for Establishing the Colony of Georgia in America Humbly Represent to your Lordships That the Sum of Ten Thousand Pounds is ready to be Issued to the said Trustees pursuant to your Lordships Order in that behalf and that the Officers of his Majestys Receipt of Exchequor will Deduct from the said Sum Six pence in the Pound charged for the civil List, without your Lordships particular Direction to the contrary, which amounts to the Sum of Two hundred and Fifty Pounds. But as the said Ten Thousand Pounds is to be Applyed for a Charity and National Benefit, and your Lordships have in some Cases eased particular Issues from being charged with the said Pound Rate. The said Trustees hope your Lordships will in the present Case remit the said Six pence in the Pound, That the said Sum of Ten Thousand Pounds may be Issued without such Deduction.
Sign’d by Order of the said Trustees this 11 day of August 1733.
Benj. Martyn Secretary.
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Trustee Establishment of the Village of Thorpe to be a part of the Precincts of Savannah. Oct. 18, 1733. C.O. 5/670, p. 104.
The Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greetings. Whereas Our Sovereign Lord George the Second of Great Britain France & Ireland King Defender of the Faith and so forth by his Letters Patent under the Great Seal bearing date the ninth day of June in the fifth year of his Reign amongst other things Hath of his Grace certain Knowledge & Meer Motion Granted Established & Ordained for himself & his Successors That the Corporation of the said Trustees & their Successors shall have full power & Authority to Erect & Constitute Judicatories & Courts of Record or other Courts to be held in the Name of his said Majesty his Heirs & Successors for the Hearing & Determining of all Manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes & things whatsoever arising & happening within the Province of Georgia in America or between any Persons inhabiting or residing there whether the same be Criminal or Civil & whether the said Crimes be Capital or not Capital & whether the said Pleas be real personal or mixt & for awarding or makeing out Executions thereupon as in & by the said Letters Patent relation being thereunto had may more fully & at large appear. And whereas the said Trustees have by their Deed bearing Date the second day of November in the Year of Our Lord 1732 under their Common Seal Erected & Established a Court of Record by the Name of the Town Court of Savanah to be holden before the Bailiffs & Recorder of the said Town to be appointed by the Common Council for the time being of the said Trustees. And Whereas so many poor people have already been sent to settle in the said Town & sundry other poor People are Imbarked or Imbarking in order to Go & settle in the said Province of Georgia that the said Town & Precincts thereof at present sett out will not be Sufficient to receive all the said Poor people. And Whereas such of the said poor people as the said Town & Precincts thereof will not contain are for their Security & Convenience to be settled as near to the said Town as may be in a Village to be called by the Name of Thorpe. And Whereas it is necessary for the punishing Offences & for the Determining of Differences or Disputes that may happen to Arise or be Committed within the said Village to Establish that the said Village shall be part of the Precincts of the said Town of Savanah & subject to the said Court of Record Erected & Established by the Name of the Town Court of Savannah as aforesaid. Now Know Ye that we the said Trustees for Establishing the Colony of Georgia in America that the people of the said Village may have their lives & possessions secured to them in Peace & Quietness Have Ordained & Established & by these Presents Do Ordain & Establish That the said Village of Thorpe be part of the Precincts of the Town of Savanah & to be within the Jurisdiction of the said Town Court of Savanah. In Witness whereof the said Trustees for Establishing the Colony of Georgia in America have to these presents Affixed their Common Seal the Eighteenth Day of October in the Seventh Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & soforth & in the Year of Our Lord 1733.
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Common Council Appointment of officials for the Village of Thorpe. Oct. 18, 1733. C.O. 5/670, pp. 105-106.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America Send Greeting. Whereas Sundry poor persons are Imbarked or Imbarking in Order to Go & settle in the Province of Georgia in America & so many of them as the Town & Precincts of Savanah at present sett out will not be sufficient to Receive are for their Security & Convenience to be Settled in a Village as near to the said Town as May be to be called by the Name of Thorpe. And Whereas the said Trustees have by their Deed bearing Equal Date herewith under their Common Seal Ordained & Established that the said Village shall be part of the Precincts of the said Town & shall be within the Jurisdiction of the said Town Court of Savanah. And Whereas the Common Council of the said Trustees did by their Deed bearing date the seventh day of November in the Year of Our Lord 1732 Nominate Constitute & Appoint Conservators to keep the peace in the said Town of Savanah & precincts thereof. And Whereas it is necessary to Appoint a Chief Constable Constables & Tything Men of the said Village to be called Thorpe as aforesaid who shall obey the Warrants Orders & Judgements of the said Bailiffs & Recorder for the time being as well as of the said Conservators to keep the peace for the better preserving of the peace & Administring of Justice in the said Village part of the precincts of the said Town of Savanah. Now know ye That we the said Common Council Have Nominated and Appointed & Do by these presents Nominate & Appoint Robert Parker Senior late of Lyn Merchant to be chief Constable of the said Village. To hold perform & Execute the said Office of Chief Constable for during & untill some other Person by the said Common Council for the time being of the said Trustees in the room & Stead of the said Robert Parker Senior shall be nominated & appointed to the said Office. And we the said Common Council Do hereby further Nominate & Appoint George Buckman of Seightenberg to be one of the Constables of the said Village. To hold perform & Execute the said Office of Constable for during & untill some other person by the said Common Council for the time being of the said Trustees in the room & stead of the said George Buckman shall be nominated & Appointed to the said Office. And we the said Common Council Do hereby further Nominate & Appoint William Johnson Dalmas to be one other of the Constable of the said Village. To Hold Perform & Execute the said Office of Constable for during & untill some other person by the said Common Council for the time being of the said Trustees in the room & stead of the said William Johnson Dalmas shall be Nominated & Appointed to the said Office & we the said Common Council Do hereby Nominate & Appoint Arthur Ogle Edgecombe to be one of the Tything Men of the said Village to hold perform & Execute the said office of Tything Man for during & until some other person by the said Common Council for the time being of the said Trustees in the room & stead of the said Arthur Ogle Edgecombe shall be Nominated & Appointed to the said Office. And we the said Common Council Do hereby further Nominate & Appoint William Riley to be one other of the Tything Men of the said Village To hold perform & Execute the said Office of Tything Man for during & untill some other Person by the said Common Council for the time being of the said Trustees in the room & stead of the said William Riley shall be nominated & appointed to the said office & we the said Common Council Do hereby command them the said Robert Parker Senior George Buckman William Johnson Dalmas Arthur Ogle Edgecomb & William Riley That they & every of them do in all things Obey the Warrants Orders and Judgements of the Bailiffs and Recorder for the time being of the Town of Savanah Judges of the said Town Court and of the said Conservators to keep the Peace in the said Town of Savanah & Precincts thereof, as they ought according to Law for the better preserving the Peace & administring of Justice in the said Village and we do hereby Authorise & Direct the first Bailiff of the said Town of Savanah for the time being to Administer the Oaths of Allegiance Supremacy & Abjuration mentioned in an act made in the first year of the Reign of his late Majesty King George the first (Entitled an Act for the better security of his Majestys Person & Government and the Succession of the Crown in the Heirs of the late Princess Sophia being Protestants & for extinguishing the Hopes of the pretended Prince of Wales & his open Abettors.) And also the Oath of Office to them the said Robert Parker Senior George Buckman William Johnson Dalmas Arthur Ogle Edgecombe & William Riley and to direct the same to be entered upon Record. In Witness whereof the said Common Council have to these presents Affixed the Common Seal of the Corporation of the said Trustees for Establishing the Colony of Georgia in America the Eighteenth day of October in the seventh Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & so forth & in the Year of our Lord 1733.
By Order of the said Common Council
Benj. Martyn Sectary
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Common Council Grant of 500 acres of land to Patrick Tailfer. Oct. 18, 1733. C.O. 5/670, p. 106.
An Indenture of Grant and Enfeoffment dated the 18th of October 1733 to Patrick Tailfer of Edinburgh Physician of five hundred Acres of Land in Georgia and of the same Tenor as the Indenture to Patrick Houstoun End. in Page (101)11 as by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 400 acres of land to John Baillie, Oct. 18, 1733. C.O. 5/670, p. 106.
An Indenture of Grant and Enfeoffment dated the 18th. of October 1733 to John Baillie of Edinburgh Merchant of 400d. Acres of Land in Georgia To hold to him & the Heirs Male of his Body under the Yearly Rent of 4£ The first Payment to be made on the 1st. day of the 11th. year from 9th. of June 1732. Conditions are to go with 8 Men Servants in a year from the date and abide 3 Years; to clear 160 Acres in ten Years & Plant 1600d. White Mulberry Trees & 1000d. White Mulberry Trees upon every 100d. Acres of the other 240 Acres as clear’d; which is to be in 18 years, from the date or such part thereof unclear’d to Revert, with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee, As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Grant and Release of 2800 acres of land to John Ambrose, Isaac King Clarke, and Arthur Ogle Edgecombe. Oct. 17, 1733. C.O. 5/670, pp. 107-108.
This Indenture made the seventeenth day of October in the seventh Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith &c. & in the Year of Our Lord 1733 Between the Trustees for Establishing the Colony of Georgia in America of the One part & John Ambrose, Isaac King Clark & Arthur Ogle Edgecombe of London Labourers of the other part. Witnesseth that the said Trustees in Consideration of the sum of Five Shillings of Lawfull Money of Great Britain to them or one of them in Hand paid by the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe or one of them at on or before the Ensealing and Delivery of these Presents the Receipt whereof they do hereby acknowledge & for divers other good Causes & Considerations them hereunto moveing have given Granted bargained & sold & by these presents do give grant bargain & Sell unto the said John Ambrose, Isaac King Clark & Arthur Ogle Edgecombe all those Two thousand eight hundred Acres of Land lying & being in the Province of Georgia in America part & parcell of the Lands which his Majesty by his Royall Charter bearing date the ninth day of June in the Year of Our Lord 1732 granted unto the said Trustees & their Successors for ever In trust for Establishing the said Colony of Georgia. To have and to hold the said Two thousand Eight Hundred Acres unto the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe & the Survivors & Survivor of them & the Executors & Administrators of such Survivor from the day of the date of these presents unto the full end & term of One whole Year from thence next ensuing & fully to be compleat & Ended. Yielding & paying therefore unto the said Trustees & their Successors the Rent of One pepper Corn upon the Feast day of St. Michael the Arch Angel now next comeing (if Lawfully Demanded) & no more. To the intent that by Virtue of these presents & of the statute of transferring Uses into possession the said John Ambrose, Isaac King Clark & Arthur Ogle Edgecombe or the Survivors of Survivor of them or the Executors or Administrators of such Survivor may be in the Actual possession of the said hereby bargained Premises & be thereby Enabled to accept & take a Grant & Release of the Reversion & Inheritance thereof to them the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecomeb or the Survivors or Survivor of them or the Heirs of such Survivor by Indenture of Release intended to be made between the said Trustees of the One part & the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe of the Other part & to bear date the day next after the day of the date of these presents. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have affixed the Common Seal of the Corporation of the said Trustees the Day & Year first above written
By Order of the said Common Council.
Benjn. Martyn Sectary
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An Indenture of Release bearing date the 18th day of October 1733 from the Trustees for Establishing the Colony of Georgia in America of the 2800d. Acres of Land to John Ambrose, Isaac King Clarke and Arthur Ogle Edgecombe and their Heirs and to the Heirs of the Survivors of them To the User Intents and Purposes and subject to such Powers and under such Provisoes Limitations and Agreements as are in the said Indenture contain’d a Counterpart whereof Executed by the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe remains with the said Trustees, and thereby the said Indenture at large appears.
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Common Council Grant of 400 acres of land to Andrew Grant. Oct. 18, 1733. C.O. 5/670, p. 108.
An Indenture of Grant and Enfeoffment dated the 18th. of October 1733 to Andrew Grant of Edinburgh Merchant of 400d. acres of Land in Georgia and of the same Tenor as the Indenture to John Baillie Ent. in Page (106)12 as by a Counterpt. thereof remaining with the Trustees at large appears.
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Common Council Grant of 300 acres of land to William Sale. Oct. 18, 1733. C.O. 5/670, p. 108.
An Indenture of Grant and Enfeoffment dated the 18th. of October 1733 to William Sale of London Merchant of 300d. Acres of Land in Georgia & convenient space of Ground for a House in the Town of Savanah To hold to him and the Heirs Male of his Body under the Yearly rent of 3£ the 1st. Payment on the 1st. day of the 11th. Year from the 9th. of June 1932. Conditions are to Go with 6 Men Servants in a year and abide 3 Years to clear 60 Acres in 10 Years & Plant 600d. White Mulberry Trees & 1000d. White Mulberry Trees upon every 100d. Acres of the other 240 Acres as clear’d which is to be in 18 years from the date or such part thereof unclear’d to revert, with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. And in Case he should dye in the Life time of Elizabeth his present Wife having no Issue Male & she not then ensient of a Male Child (having performed his Covenants) The said Trustees to Grant the said 300d. Acres & all other the Premises to his said Wife Elizabeth for her Life & after her Decease to such Person or Persons as the said Wm. Sale shall by his last will appoint not less than 100d. to one person in Tail Male under the same Covenant As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Authorization to James Oglethorpe to set out 2800 acres of land for John Ambrose, Isaac King Clarke, and Arthur Ogle Edgecombe. Oct. 18, 1733. C.O. 5/670, p. 109.
The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall Come Send Greeting. Know Ye That we have Authorised James Oglethorpe of Westbrook Place in the County of Surry Esqr. one of the said Common Council of the said Trustees and in his Absence James St. Julian Esqr. in South Carolina & Francis Scott Gentleman in Georgia & by these Presents Do Authorise & Impower the said James Oglethorpe & in his Absence the said James St. Julian & Francis Scott at any time to Set out limit divide & bound Two thousand and Eight hundred Acres of Land in the said Province of Georgia in America (Granted by the said Trustees by Several Indentures of Lease & Release bearing date the Seventeenth & Eighteenth Days of October One thousand Seven hundred thirty three respectively to John Ambrose, Isaac King Clarke and Arthur Ogle Edgecombe for the Uses & purposes therein mentioned) in such manner and in such part or parts of the said Province as he the said James Oglethorpe and in his absence they the said James St. Julain & Francis Scott shall Judge most proper & convenient for the settling & Establishing the Colony there. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these presents affixed the Common Seal of the Corporation of the said Trustees the Eighteenth day of October in the Seventh Year of the Reign of Our Soverign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith and so forth And in the Year of our Lord one thousand seven hundred & thirty three.
By Order of the said Common Council
Benjn. Martyn Sectary
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Common Council Authorization to James Oglethorpe to give necessary orders to John Ambrose, Isaac King Clarke, and Arthur Ogle Edgecombe concerning their lands. Oct. 18, 1733. C.O. 5/670, pp. 109-110.
The Common Council of the Trustees for Establishing the Colony of Georgia in America. To all to whom these Presents shall come Send Greeting. Whereas in & by a Certain Indenture of Release dated the Eighteenth day of October 1733 and made between the said Trustees for Establishing the Colony of Georgia in America of the one part & John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe of London Labourers, of the Other part. The said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe for themselves severally & respectively & for their Several & respective Heirs Executors & Administrators & not Jointly or the ones for the other of them nor for the Heirs Executors or Administrators of the other of them Have Covenanted Promised & Agreed to & with the said Trustees for Establishing the Colony of Georgia in America & their Successors That they & every of them would from time to time according to the best of their Skill & knowledge duely & faithfully Execute the Trust hereby in them reposed & should & would at all times Obey & perform all such Orders & directions as should from time to time be Given them by the Common Council of the said Trustees for Establishing the Colony of Georgia in America or by such person or persons as should by the said Common Council for that purpose be Authorised & Appointed touching the Granting & Desposing of Certain Lands and Premises in & by the said Indenture of Release Granted & mentioned & also touching the Execution of the trust hereby in them reposed. Now know Ye That we have Authorised James Oglethorpe of West Brook Place in the County of Surry Esqr. One of the said Common Council of the said Trustees & in his Absence James St. Julian Esqr. in South Carolina & Francis Scott Gentleman in Georgia And by these presents Do Authorise & Appoint the said James Oglethorpe & in his Absence them the said James St. Julian Esqr. & Francis Scott from time to time to give such orders & directions touching the Granting & disposing of the said Lands & Premises & touching the Execution of the Trust in & by the said Indenture in them the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe reposed) to them the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe as he the said James Oglethorpe and in his Absence as they the said James St. Julian & Francis Scott shall Judge fitt & necessary. And We do further by these presents strictly Enjoyn & Require them the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe duely & faithfully to Execute all such Orders & directions as shall from time to time be given them by him the said James Oglethorpe & in his absence by them the said James St. Julian & Francis Scott according to the severall Covenants of them the said John Ambrose, Isaac King Clarke & Arthur Ogle Edgecombe in that behalf made as aforesaid as they & every of them will Answer the Contrary at their Peril. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these presents affixed Their Common Seal of the Corporation of the said Trustees the Eighteenth day of October in the Seventh Year of the Reign of our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & so forth & in the Year of Our Lord One thousand Seven hundred & thirty three.
By Order of the said Common Council.
Benjn. Martyn Sectary
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Common Council Lease of 2500 acres of land for one year to George Buckman, Christopher Ortman, and William Sale. Oct. 17, 1733. C.O. 5/670, p. 111.
This Indenture made the Seventeenth Day of October in the seventh Year of the Reign of Our Sovereign Lord George the second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & so forth & in the Year of Our Lord One thousand-seven hundred & thirty three Between the Trustees for Establishing the Colony of Georgia in America of the one Part And George Buckman of Leightonbergh Farmer Christopher Ortman of Redriff Schoolmaster & William Sale of London Merchant of the Other part. Witnesseth That the said Trustees in Consideration of the sum of Five Shillings of Lawful Money of Great Britain to them or One of them in hand paid by the said George Buckman Christopher Ortman & William Sale or one of them at on or before the Ensealing & Delivery of these Presents the Receipt whereof they Do hereby acknowledge & for divers other good Causes & Considerations them hereunto moving Haven. Given Granted Bargained & Sold & by these Presents Do Give Grant Bargain & Sell unto the said George Buckman Christopher Ortman & William Sale All those Two thousand Five Hundred Acres of Land lying & being in the Province of Georgia in America part & parcell of the Lands which his Majesty by his Royall Charter bearing date the ninth day of June in the Year of Our Lord One thousand seven hundred & thirty two granted unto the said Trustees & their Successors for ever in Trust for Establishing the said Colony of Georgia To have & to hold the said Two thousand five hundred Acres unto the said George Buckman Christopher Ortman & William Sale & the Survivors & Survivor of them & the Executors & Administrators of Such Survivor from the day of the Date of these presents unto the full end & Term of One whole Year from thence next ensuing & fully to be Compleat & ended Yeilding & Paying therefore unto the said Trustees & their Successors the Rent of one pepper Corn upon the Feast day of St. Michael the Arch Angell now next ensuing (if lawfully demanded) & no more. To the Intent that by Virtue of these Presents & of the Statute of transferring Uses into Possession the said George Buckman Christopher Ortman & William Sale or the Survivors or Survivor of them or the Executors or Administrators of such Survivor may be in the actual possession of the said hereby bargained Premises & be thereby Enabled to Accept & take a Grant & Realease of the reversion & Inheritance thereof to them the said George Buckman Christopher Ortman & William Sale or the Survivors or Survivar of them or the Heirs of Such Survivor by Indenture of Release intended to be made between the said Trustees of the one part & the said George Buckman Christopher Ortman & William Sale of the other part & to bear date the day next after the day of the Date of these Presents. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have affixed the Common Seal of the Corporation of the said Trustees the day & year first above written.
By Order of the said Common Council
Benjm. Martyn Sectary
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Common Council Release of 2500 acres of land to George Buckman, Christopher Ortman, and William Sale. Oct. 18, 1733. C.O. 5/670, p. 112.
An Indenture of Release bearing date the 18th day of October 1733 from the Trustees for establishing the Colony of Georgia in America of the 2500d. Acres of Land to George Buckman Christopher Ortman & William Sale their Heirs and to the Heirs of the Survivor of them To the Uses Intents and Purposes and subject to such Powers and under such Provisoes Limitations and Agreements as are in the said Indenture contain’d, a Counterpart whereof executed by the said Christopher Ortman and William Sale remains with the said Trustees and thereby the said Indenture at large appears.
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Common Council Grant of 200 acres of land to William Terry. Oct. 18, 1733. C.O. 5/670, p. 112.
An Indenture of Grant and Enfeoffment dated the 18th of October 1733 to William Terry of Brentford in the County of Middlesex Merchant of 200d. Acres of Land in Georgia and convenient space of Ground for a House in the Town of Savanah. To hold to him and the Heirs Male of his Body under the Yearly Rent of 2£ the 1st. Payment on the 1st. day of the 11th. Year from the 9th. of June 1732. Conditions are to Go with 4 Men Servants in a year, and abide 3 years to clear 40 Acres in 10 Years and Plant 400d. White Mulberry Trees & 100d. White Mulberry Trees upon every 10 Acres of the other 160 Acres as clear’d, which is to be in 18 Years from the date or such part thereof unclear’d to Revert with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. And in case he should dye in the Life time of Mary his present Wife having no Issue Male & she not then ensient of a Male Child (having perform his Covenants) The said Trustees to Grant the said 200d. Acres & all other the Premises to his said Wife Mary & the Heirs Male of her Body under the same Covenants; as by a Counterpart thereof remaining with the said Trustees more fully appears.
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[Trustee or Common Council] Memorial to Auditor of Plantations of 32 indentures from Oct. 25, 1732, to Oct. 18, 1733. Undated. C.O. 5/670, p. 112.
A Memorial register’d with the Auditor of his Majesty’s Plantations of 32 Indentures from 25th. of October 1732 to the 18th. of October 1733 both inclusive required so to be by the Charter & so required the 23d. of October 1733 by the Trustees the Grantors in the said Indentures, as by the said Memorial appears.
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Common Council Authorization to James Oglethorpe to lay our 2500 acres of land for George Buckman, Christopher Ortman, and William Sale. Oct. 18, 1733. C.O. 5/670, p. 113.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall Come Send Greeting Know Yee That we have authorised James Oglethorpe of West Brook Place in the County of Surry Esqr. One of the said Common Council of the said Trustees & in his Absence James St. Julian Esqr. in South Carolina & Francis Scott Gentleman in Georgia And by these Presents Do Authorise and impower the said James Oglethorpe & in his Absences the said James St. Julian & Francis Scott at any time to set out limit divide & bound Two Thousand Five Hundred Acres of Land in the said province of Georgia in America (granted by the said Trustees by severall Indentures of Lease & Release bearing date the Seventeenth and Eighteenth Days of October One Thousand seven hundred thirty three respectively to George Buckman Christopher Ortman & William Sale for the Uses & purposes therein Mentioned) in such manner & in such part or parts of the said Province as he the said James Oglethorpe & in his Absence as they the said James St. Julian & Francis Scott shall judge most proper & convenient for the Settling & establishing the Colony there. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have in these Presents affixed the Common Seal of the Corporation of the said Trustees the Eighteenth day of October in the Seventh Year of the Reign of Our Sovereign Lord George the second by the grace of God of Great Britain France & Ireland King defender of the Faith & so forth, and in the Year of Our Lord One thousand seven hundred & thirty three.
By Order of the said Common Council
Benj. Martyn Sectary
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Common Council Authorization to James Oglethorpe to give directions touching the granting of 2500 acres of land to George Buckman, Christopher Ortman, and William Sale. Oct. 18, 1733. C.O. 5/670, p. 114.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greeting. Whereas in and by a Certain Indenture of Release dated the Eighteenth Day of October 1733 & made between the said Trustees for Establishing the Colony of Georgia in America of the One part & George Buckman of Leightenbergh Farmer Christopher Ortman of Redriff Schoolmaster & William Sale of London Merchant of the other part the said George Buckman Christopher Ortman & William Sale for themselves severally & respectively & for their severall & respective Heirs Executors & Administrators & not Joyntly nor the one for the other of them or for the Heirs Executors or Administrators of the other of them Have Covenanted Promised & Agreed to & with the said Trustees for Establishing the Colony of Georgia in America & their Successors That they & every of them would from time to time according to the best of their skill & knowledge duely & faithfully execute the Trust hereby in them reposed & should & would at all times obey & perform all such Orders & Directions as should from time to time be given them by the Common Council of the said Trustees for Establishing the Colony of Georgia in America or by such Person or Persons as should by the said Common Council for that purpose be authorised & Appointed touching the granting a disposing of Certain Lands & Premises in & by the said Indenture of Release granted & mentioned, And also touching the Execution of the Trust hereby in them reposed. Now Know Yee That we have Authorised James Oglethorpe of West Brook place in the County of Surry Esqr. One of the said Common Council of the said Trustees & in his Absence James St. Julian Esqr. in South Carolina & Francis Scott Gentleman in Georgia & by these Presents Do Authorise & appoint him the said James Oglethorpe & in his Absence them the said James St. Julian & Francis Scott from time to time to give such Orders & Directions (touching the granting & disposing of the said Lands & premisses & touching the Execution of the trust in & by the said Indenture in them the said George Buckman Christopher Ortman & William Sale reposed) to them the said George Buckman Christopher Ortman & William Sale as he the said James Oglethorpe & in his absence as they the said James St. Julian & Francis Scott shall judge fitt & necessary. And we do further by these Presents strictly enjoyn & require them the said George Buckman Christopher Ortman & William Sale duely & faithfull to execute all such orders & directions as shall from time to time be given them by him the said James Oglethorpe & in his Absence by them the said James St. Julian Francis Scott according to the severall Covenants of them the said George Buckman Christopher Ortman & William Sale in that behalf made as aforesaid as they & every of them will Answer the Contrary at their Peril. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Council [Seal] of the Corporation of the said Trustees the Eighteenth day of October in the Seventh Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & so forth and in the Year of our Lord One Thousand Seven hundred & thirty three.
By Order of the said Common Council
Benjn. Martyn Sectary
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Common Council Ratification of Treaty of Friendship and Commerce between James Oglethorpe and the Chief Men of the Lower Creek Nation. Oct. 18, 1733. C.O. 5/670, pp. 114-117.
The Trustees for Establishing the Colony of Georgia in America To the Chief Men of the Nation of the Lower Creeks Send Greeting. Whereas the Great King George the Second King of Great Britain did by his Letters patent under the Great Seal of Great Britain bearing Date the ninth day of June in the fifth Year of his Reign Constitute & Appoint a Body Politick & Corporate by the Name of The Trustees for Establishing the Colony of Georgia in America And Whereas the said Trustees have received from their Beloved Man James Oglethorpe of West Brooke Place in the County of Surry Esquire One of the Common Council of the said Trustees a Copy of Certain Articles of Friendship & Commerce between the said Trustees & the said Chief Men which is in the words following. (That is to say) Articles of Friendship & Commerce Between the Trustees for Establishing the Colony of Georgia in America & the Chief Men of the Nation of the Lower Creeks. First The Trustees bearing in their hearts great Love & Friendship to you the said Head Men of the Lower Creek Nation do engage to let their People carry up into your Towns all Sorts of Goods fitting to Trade in the said Towns at the Rates & Prices settled & agreed upon before you the said Head Men & annexed to this Treaty of Trade & Friendship. Secondly The Trustees do by these Articles Promise to see Resitution done to any the People of your Towns by the People they shall send among you upon Proof made to the Beloved man they shall at any time send among You That they who have either committed Murther or Robbery or have beat or wounded any of your People or any ways injured them in their Crops by their Horses or any other ways whatever & upon such Proof the said People shall be tryed & punished according to the English Law. Thirdly The Trustees when they find the hearts of you the said Head Men & your People are not good to the People they shall send among you or that You or your People do not mind this paper they will withdraw the English Trade from the Town so offending. And That you & your People may have this Chain of Friendship in your minds & fixed to Your hearts they have made fast their Seal to this Treaty. Fourthly We the Head Men of in Behalf of all the Lower Creek Nation being firmly perswaded that he who lives in Heaven & is the Occasion of all good things has moved the hearts of the Trustees to send their Beloved Men among us for the good of us our Wives & Children & to instruct us & them in what is Streight do therefore declare that we are glad that their People are come here & though this Land Belongs to us the Lower Creeks yet we that we may be instructed by them do Consent & agree that they shall make use of and possess all those Lands which Our Nation hath not occasion to use Provided always that they upon the settling of every new Town shall set out for the Use of Our Nation such Land as shall be agreed upon between their Beloved Men & the Head Men of Our Nation & that those Lands shall Remain to us for Ever. Fifthly We the Head Men Do Promise for Our Selves & the People of Our Towns that the Traders for the English which shall Settle among us shall not be Robbed or Molested in their Trade in our Nation, And that if it should so happen that any of Our People should be mad & either kill Wound or Beat or rob any of the English Traders or their People Then We the said Head Men of the Towns aforesaid do engage to have Justice done to the English & for that purpose to deliver up any of Our People who shall be guilty of the Crimes aforesaid to be tried by the English Laws or by the Laws of Our Nation as the Beloved Men of the Trustees shall think fitt. And we further Promise not to Suffer any of the People of our Said Towns to Come into the Limits of the English Settlements without leave from the English Beloved Man & that we will not Molest any of the English Traders passing to or from any Nation of the Indians in friendship with the English. Sixtly We the Head Men for Our Selves & People do Promise to Apprehend & Secure any Negro or other Slaves which shall run away from any of the English Settlements to Our Nation & to carry them either to this Town or the Savanah or Paltachuchula Garrison & there to deliver him up to the Commander of such Garrison & to be paid by him four blanketts or Two Guns or the Value thereof in other Goods Provided such run away Negro or other Slaves shall be taken by Us or any of Our People on the further Side Oconoy River & in Case such Negro or run away Slave shall be taken on the hither side of the said River & Delivered to the Commanderas aforesaid then we Understand the Pay to be One Gun or the Value thereof. And in Case we or our People shall kill any Such Slave for resistance or running away from us in apprehending him then we are to be paid One Blankett for his head by Any Trade we shall Carry such Slaves head unto. Lastly we Promise with Streight hearts & love to Our Brothers the English to give no Encouragement to any other White People but themselves to Settle among Us and that we will not have any Correspondence with the Spaniards or French. And to Show that we both for the Good of Our Selves Our Wives & Children Do firmly Promise to keep this Talk in our hearts as long as the Sun shall shine or the Waters run in the Rivers We have each of us set the Marks of Our families. Schedule of Prices of Goods Agreed on Annexed. Two Yards Strouds, five Buckskins, One Yard Plaines. One Buckskin weighing a pound & quarter or Doeskins Answerable. One white Blankett, five Buckskins or ten Doeskins, One Blew Duffell blankett, three Buckskins or Six Doe Skins. A Gun, ten Buckskins or twenty Doeskins. A Pistoll five Buckskins or ten Doeskins. A Gun lock, four Buckskins or Eight Doeskins, Four Measures of Powder One Buckskin or two Doeskins. Sixty Bulletts One Buckskin or two Doekins. A White Shirt, two Buckskins or four Doeskins. A Knife, one Doeskin. Eighteen Flints, One Buckskin or two Doeskins. Three Yard Cadez, One Doeskin. Three Yards Gartering, One Doeskin. A Hoe, two Buckskins or four Doeskins. A falling ax, two Buckskins or four Doeskins. A Large Hatchett, answerable13 or three Doeskins. A Small Hatchett, one Buckskin or two Doeskins. A Brass Kettle per pound one Buckskin or two Doeskins. Two Yards Brass Wire, One Doeskin a Looking Glass One Buckskin or two Doeskins. A Hatt, two Buckskins or four Doe skins. A Leather Belt, one Buckskin or two Doeskins. One Dozen Buttons, one Doeskin. And Whereas the said Trustees are greatly Desirous to maintain & preserve an inviolable Peace Friendship & Commerce between the said Chief Men of the Nation of the Lower Creeks & the People the said Trustees have sent & shall send to Settle & inhabit in the Province of Georgia aforesaid to Endure to the Worlds End. Now Know Ye that we the said Trustees for Establishing the Colony of Georgia in America Do by these Presents Ratify & Confirm the said Articles of Friendship & Commerce Between the Trustees for Establishing the Colony of Georgia in America & the Chief Men of the Nation of the Lower Creeks & all & every the Articles & Agreements therein Contained and also the Rates & Prices of Goods Abovementioned Settled & Agreed upon before the said Head Men & Annexed to the said Treaty of Trade & Friendship. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents made fast the Common Seal of the Corporation of the said Trustees the Eighteenth Day of October in the Seventh Year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith & so forth & in the Year of Our Lord One thousand seven hundred & thirty three.
By Order of the said Common Council.
Benjamin Martyn Sectary
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Common Council Authorization of James St. Julian and Francis Scott in the absence of James Oglethorpe to grant licence to people to leave Georgia. Nov. 14, 1733. C.O. 5/670, p. 118.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greeting. Know Yee That we have Authorised & Impowered in the Absence of James Oglethorpe Esqr. James St. Julian Esqr. in South Carolina & Francis Scott Gentleman in Georgia And by these Presents Do Authorise & Impower in the Absence of the said James Oglethorpe them the said James St. Julian & Francis Scott at any time to Grant to such Person or Persons for Such times and on such Occasions as they shall Judge fit & proper Leave & Licence in Writing under their hands & Seals to Depart or pass out of the said Province of Georgia & Such Person or Persons so licenced by the said James St. Julian & Francis Scott shall not incurr any Penalty or Forfeiture for such their Passing out or Departure from the said Province of Georgia. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the Fourteenth day of November in the Seventh Year of the Reign of our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith and so forth & in the Year of Our Lord One thousand seven hundred & thirty three.
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Common Council Authorization to James St. Julian and Francis Scott in the absence of James Oglethorpe to set out and deliver land grants in Georgia. Nov. 14, 1733. C.O. 5/670, pp. 119-122.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greeting. Whereas by Deed bearing Date the first Day of November in the Year of Our Lord 1732 the said Common Council did Authorize and impower James Oglethorpe of West Brook Place in the County of Surry Esqr. One of the said Comon Council of the said Trustees at any Time during such Time as he the said James Oglethorpe should be in the Province of Georgia aforesaid to set out limit divide and bound Five Thousand Acres of Land in the said Province (granted by the said Trustees by several Indentures of Lease and Release bearing Date the 25th. and 26th. Days of October last past respectively to Thomas Christie Joseph Hughes and William Calvert for the Uses and Purposes therein mentioned) in such Manner and in such Part or Parts of the said Province as he should judge most proper and convenient for the settling and Establishing the Colony there. And Whereas by One other Deed bearing Date the same Day the said Common Council did Authorize and appoint the said James Oglethorpe to give such Orders and Directions to them the said Thomas Christie Joseph Hughes and William Calvert from Time to Time (touching the granting and disposing of the said Lands and Premises and the Execution of the Trust in and by the said Indenture of Release in them reposed) as he the said James Oglethorpe should [think] fit and necessary. And Whereas in and by Four several Indentures of Grant and Enfeoffment made by the said Trustees to Roger Lacy, James Lacy, Joseph Hetherington and Philip Bishop all of London Merchants respectively of Five Hundred Acres of Land in the said Province to each of them in Tail Male and severally bearing Date the 21st. Day of December in the Year of Our Lord 1732. The said James Oglethorpe was impowered to set out limit and bound the said Five Hundred Acres to each of them the said Roger Lacy, James Lacy, Joseph Hetherington and Philip Bishop in such Manner and in such Part or Parts of the said Province as he should think most convenient and proper and was also Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin of the said Five Hundred Acres to each of them the said Roger Lacy, James Lacy, Joseph Hetherington, and Philip Bishop. And Whereas in and by One other Indenture of Grant and Enfeoffment bearing Date the 10th. Day of January in the Year of our Lord 1732 made by the said Trustees to Henry Pinkerton Ensign on Half Pay of Brigadier Farrer’s late Regiment of Foot of Three Hundred Acres of Land in the said Province in Tail Male the said James Oglethorpe was impower’d to set out limit and bound the said Three Hundred Acres and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said Henry Pinkerton. And Whereas in and by One other Indenture of Grant and Enfeoffment bearing Date the 21st. Day of February in the Year of our Lord 1732 made by the said Trustees to John Pennefather late of Dublin Gent of Three Hundred Acres of Land in the said Province in Tail Male the said James Oglethorpe was impowered to set out limit and bound the said Three Hundred Acres and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said John Pennefather. And Whereas in and by Two several Indentures of Grant and Enfeoffment bearing Date respectively the said 21st Day of February made by the said Trustees to William Gough Senior Citizen and Haberdasher of London and William Gough Junior of St. Bartholomew’s the Great Mariner respectively of Eighty Acres of Land to each of them in Tail Male the said James Oglethorpe was impowered to set out limit and bound the said Eighty Acres to each of them, and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin as aforesaid of the said Eighty Acres to each of them the said William Gough Senr. and William Gough Junr. And Whereas and by One other Indenture of Grant and Enfeoffment bearing Date the 28th. Day of March in the Year of our Lord 1733 made by the said Trustees to Henry Fletcher late of Leeds in the County of York Dry Salter of Two Hundred Acres of Land in the said Province in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Two Hundred Acres and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said Henry Fletcher. And Whereas in and by One other Indenture of Grant and Enfeoffment bearing Date the 18th. Day of April in the Year of our Lord 1733 made by the said Trustees to Samuel Holmes of Bow in the County of Middlesex Bricklayer of Two Hundred Acres of Land in the said Province in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Two Hundred Acres and ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said Samuel Holmes. And Whereas in and by Three several Indentures of Grant and Enfeoffment bearing Date respectively the 11th. Day of May in the Year of our Lord 1733 made by the said Trustees to Robert Williams John Williams and Cornelius Standford all of Bristol in the County of Somerset Merchants respectively of Five Hundred Acres of Land in the said Province to each of them in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Five Hundred Acres to each of them, And Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin as aforesaid of the said Five Hundred Acres to each of them the said Robert Williams, John Williams and Cornelius Standford. And Whereas by Deed bearing Date the 4th. Day of July in the Year of our Lord 1733 the said Common Council Authorize and impower the said James Oglethorpe to set out limit divide and bound as aforesaid Two Thousand Eight Hundred Acres of Land in the said Province (granted by the said Trustees by several Indentures of Lease and Release bearing Date the 10th. and 11th. Days of June then last past respectively to John Barnes, Henry Parker and Joshua Sacheverell for the Uses and Purposes therein mentioned). And Whereas by One other Deed bearing Date the same Day the said Common Council did Authorize and appoint the said James Oglethorpe to give such Orders and Directions to them the said John Barnes Henry Parker and Joshua Sacheverell from Time to Time (touching the granting and disposing of the said Lands and Premises and the Execution of the Trust in and by the said Indenture of Release in them reposed) as he the said James Oglethorpe should judge fit and necessary. And Whereas in and by One Indenture of Grant and Enfeoffment bearing Date the same Day made by the said Trustees to Thomas Fawsett of Woodstock in the County of Oxford Architect of Five Hundred Acres of Land in the said Province in Tail Male the said James Oglethorpe was impowered to set out limit and bound the said Five Hundred Acres and ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said Thomas Fawset. And Whereas in and by several Indentures of Grant and Enfeoffment bearing Date respectively the same Day made by the said Trustees to Robert Hetherington and Theophilus Hetherington both of London Merchants respectively of Two Hundred and Fifty Acres of Land in the said Province to each of them in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Two Hundred and Fifty Acres to each of them, and ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin so aforesd. of the said Two Hundred and Fifty Acres to each of them the said Robert Hetherington and Theophilus Hetherington. And Whereas in and by One other Indenture of Grant and Enfeoffment bearing Date the first Day of August in the Year of our Lord 1733 made by the said Trustees to Patrick Houstoun of Glasgow Merchant of Five Hundred Acres of Land in the said Province in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Five Hundred Acres and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said Patrick Houstoun. And Whereas in and by One other Indenture of Grant and Enfeoffment bearing Date the same Day made by the said Trustees to George Moore of the Parish of St. John the Evangelist Westminster Sugar Boyler of Four Hundred Acres of Land in the said Province in Tail Male, the said James Oglethorpe was impowered to set out limit and bound the said Four Hundred Acres and Ordained constituted and appointed by the said Trustees their true and lawful Attorney to take and deliver Possession and Seisin thereof as aforesaid to him the said George Moore. And Whereas the said James Oglethorpe may not continue in the said Province of Georgia to execute all the above mentioned Powers and Appointments made to him by the several Deeds and Indentures before mentioned. And in Case of his Absence it is necessary to impower and appoint some Person or Persons that may in such his Absence execute the said Powers and Appointments or so many of them as shall remain unexecuted by him Know Ye That We have Authorized and impowered Ordained constituted and Appointed, And by these Presents do Authorize and impower Ordain constitute and appoint in the Absence of the said James Oglethorpe, James St. Julian Esqr. in South Carolina and Francis Scott Gentleman in Georgia to set out limit divide and bound to give such Orders and Directions as they shall judge fit and necessary to the several Trustees in the respective Grants of Trust Lands abovementioned, and to take and deliver Possession and Seisin of all and every the several Parcels of Land granted to the respective Persons abovenamed as shall not have been set out limited divided and bounded, and such Orders and Directions as shall not have been given and Possession and Seisin as shall not have been taken and delivered by the said James Oglethorpe by Virtue of the above recited several authorities and appointments made to him in as full and ample Manner as if the said several Powers and Appointments were again particularly repeated which are hereby made in the Absence of the said James Oglethorpe to the said James St. Julian and Francis Scott, Ratifying and Confirming whatever they shall by Virtue of these Presents do in the Name of the said Trustees concerning the Premises to be as effectual to all Intents and Purposes as if done by the said James Oglethorpe under the several particular Authorities and Appointments before mentioned. In Witness the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Common Seal of the Corporation of the said Trustees the 14th. Day of November in the Seventh Year of the Reign of our Sovereign Lord George the Second by the Grace of God by Great Britain France and Ireland King Defender of the Faith and so forth And in the Year of our Lord One Thousand Seven Hundred and Thirty three.
By Order of the said Common Council
Benj. Martyn Sectary
Seal
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Common Council Authorization to James Oglethorpe to set out and deliver lands to Patrick Tailfer, John Baillie, Andrew Grant, William Sale, William Terry, James Houstoun, Hugh Stirling, and William Stirling. Nov. 14, 1733. C.O. 5/670, pp. 123-124.
The Common Council of the Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come send Greeting. Know Ye That we have Authorized James Oglethorpe of West Brook Place in the County of Surry Esqr. One of the said Common Council of the said Trustees and in his Absence James St. Julian Esqr. in South Carolina and Francis Scott Gentleman in Georgia and by these Presents Do Authorize and impower the said James Oglethorpe and in his Absence the said James St. Julian and Francis Scott at any Time to set out limit and bound Five Hundred Acres of Land in the said Province of Georgia in America (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing Date the 18th. Day of October in the Year of our Lord One Thousand Seven Hundred and Thirty three to Patrick Tailfer of Edinburgh Physician in Tail Male) Four Hundred Acres of Land in the said Province of Georgia (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing Date the same Day to John Baillie of Edinburgh Merchant in Tail Male) Four Hundred Acres of Land in the said Province of Georgia (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing Date the same Day to Andrew Grant of Edinburgh Merchant in Tail Male) Three Hundred Acres of Land in the said Province of Georgia and to set out convenient Extent and Space of Ground to build One House in the Town of Savanah (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing Date the same Day to William Sale of London Merchant in Tail Male) Two Hundred Acres of Land in the said Province of Georgia and to set out convenient Extent and Space of Ground to build One House in the Town of Savanah (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing Date the same Day to William Terry of Brentford in the County of Middlesex Merchant in Tail Male) Five Hundred Acres of Land in the said Province of Georgia (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing equal Date herewith to James Houstoun of Glasgow Merchant in Tail Male) Five Hundred Acres of Land in the said Province of Georgia (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing equal [date] herewith to Hugh Stirling of Glasgow Merchant in Tail Male) and Five Hundred Acres of Land in the said Province of Georgia (granted by the said Trustees by Indenture of Grant and Enfeoffment bearing equal Date herewith to William Stirling of Glasgow Merchant in Tail Male) in such Manner and in such Part or Parts of the said Province as shall be thought most convenient and proper by him the said James Oglethorpe and in his Absence by them the said James St. Julian and Francis Scott. And further Know Ye That we have Ordained constituted and appointed and by these Presents Do ordain constitute and appoint him the said James Oglethorpe Attorney for the said Trustees and in his Absence them the said James St. Julian and Francis Scott Attorneys for the said Trustees in their Name and Head into and upon the said Five Hundred Acres granted to the said Patrick Tailfer, Four Hundred Acres granted to the said John Baillie, Four Hundred Acres granted to the said Andrew Grant, Three Hundred Acres granted to the said William Sale, Two Hundred Acres granted to the said William Terry, Five Hundred Acres granted to the said James Houstoun, Five Hundred Acres granted to the said Hugh Stirling, and Five Hundred Acres granted to the said William Stirling or into and upon any Part or Parcel of each of the said several Quantitys of Land granted as aforesaid (being so set out limited and bounded as aforesaid in the Name of the whole of each of the said respective Quantitys of Land to enter and take Possession and Seisin thereof. And after such Possession and Seisin so taken as aforesaid in their Name and Stead to deliver full and quiet Possession and Seisin thereof or of any Part or Parcel of each of the said several Quantitys of Land granted as aforesaid in the Name of the Whole of each of the said respective Quantitys of Land to them the said Patrick Tailfer, John Baillie, Andrew Grant, William Sale, William Terry, James Houstoun, Hugh Stirling and William Stirling and they the said Patrick Tailfer, John Baillie, Andrew Grant, William Sale, William Terry, James Houstoun, Hugh Stirling and William Stirling severally to leave in the quiet and peaceable Possession thereof according to the true Intent and Meaning of these Presents. Ratifying and confirming whatever their said Attorney or Attorneys shall by Virtue of these Presents Do in the Name of the said Trustees concerning the Premises. In Witness whereof the Common Council of the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed the Comon Seal of the Corporation of the said Trustees the fourteenth Day of November in the Seventh Year of the Reign of our Soverign Lord George the Second by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth, and in the Year of our Lord One Thousand Seven Hundred and Thirty three.
By Order of the said Common Council
Benj. Martyn Sectary
Seal
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Trustee Authorization to the Rev. John Martin Boltzius to perform religious services in Georgia in the German language. Nov. 21, 1733. C.O. 5/670, p. 125.
The Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come Send Greeting. Whereas the Reverend Mr. John Martin Boltzius Minister of the Gospel according to the Confession of Augsburgh hath agreed to go to the Province of Georgia aforesaid and there to perform all Religious and Ecclesiastical Offices in the German Tongue for the Instruction and Benefit of the Protestant Saltzburghers and other German Protestants now going to settle in the said Province of Georgia or that shall hereafter go to and settle there, to the utmost of Ability. Know Ye That We the said Trustees Have authorized and Impowered, and Do hereby Authorize and Impower him the said John Martin Boltzius to Do and perform all Religious and Ecclesiastical Offices in the German Tongue that shall be necessary for the better Establishing and promoting the Christian Religion in the said colony, and all other the good Ends and Purposes thereby intended agreable to the Confession of Augsburg and the Tenour of Our Charter. In Witness whereof the said Trustees have to these Presents affixed their Common Seal the Twenty first Day of November in the Seventh Year of the Reign of our Soverign Lord George by the Grace of God of Great Britain France and Ireland King Defender of the Faith and so forth, And in the Year of our Lord One Thousand Seven Hundred and Thirty three.
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Common Council Grant of 500 acres of land to James Houstoun. Nov. 14, 1733. C.O. 5/670, pp. 125-127.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 14th. of November 1733 to James Houstoun of Glasgow Merchant of Five hundred Acres of Land to be set out limited and bounded in such manner and in such part or parts of the Province of Georgia as shall be thought most convenient by such Person or Persons as shall by the Common Council of the Trustees be for that purpose Authorised & appointed. To hold to him and the Heirs Male of his Body Paying Yearly for Ever a Rent of Five Pounds the first Payment to be made on the first day of the 11th. year to be Computed from the 9th. of June 1732 Upon the following Conditions (That is to say) To Pay the reserved Rent, To Register The Grant with the Auditor as the Plantations within one Calendar month from the date, To arrive in Georgia with 10 Servants within 12 Calendar Months from the date & Abide with such Servants three Years from the Registering the Grant in Georgia, To clear and Cultivate 200d. Acres thereof in 10 Years from the date & Plant 2000d. White Mulberry Trees & on every 100d. of the other 300d. acres 1000d. White Mulberry Trees when cleared and preserve and Maintain the said Numbers of Trees, Not to Assign without leave, Nor make Potash in Partnership without leave; Land to Revert on the Determination of the Estate in Tail Male, Not to Commit Capital Crimes & be thereof Convicted, and Not to employ Negroes without leave. In either of which Cases the Trustees to reenter & upon the Entry the Grant to cease. The said Trustees declaring not to hinder the making Potash out of Partnership. If any part of the 500d. Acres shall not be Cultivated Planted cleared and improved within 18 Years from the date such part to Revert to the Trustees & they to Reenter on such part & to Grant and Dispose of such part as the Common Council shall think fitt. A Covenant when requested in Writing that the Common Council will give and Grant to such Servants as shall arrive & settle with the said James Houstoun in Georgia 20 Acres of Land in the said Province to each & every of them in Tail Male under such Rents & Agreements as shall have been then last Granted to any other Men Servants in like Circumstances, And that Possession and Seisin of the said 500d. Acres shall be taken and Delivered by such Person or Persons as shall by the Common Council of the said Trustees be for that purpose authorised & appointed to be their true & lawful Attorney or Attorneys in their Name and stead to take and deliver the same. A Covenant from James Houstoun to Register the said Grant with the audr. of the Plantations to go to Georgia with 10 Servants each of the age of 20 Years at the least & with them abide 3 years in Georgia And to Pay the said Rents as reserved & made payable. As by a Counterpart thereof Executed by Dr. Robert Houstoun by virtue of a Power of Attorney from the said James Houstoun remaining with the Trustees whereby the said Grant more at large appears.
Indorsed on the back.
Memorandum.
That on the day of the year of the Reign of Our Sovereign Lord George the Second by the Grace of God of Great Britain France & Ireland King Defender of the Faith and so forth And in the year of our Lord 173 quiet and peaceable Possessin and Seisin of the said 500d. Acres of Land within Granted was had & taken by in pursuance of an Authority for that purpose for and in the Name of the Trustees for Establishing the Colony of Georgia in America And also for and in the Name of the said Trustees delivered by the said in pursuance of the said Authority unto the within Named James Houstoun To hold to him the said James Houstoun and his Heirs Male upon the Conditions and according to the Force and true Meaning of this Deed within written. In the presence of
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Common Council Grant of 500 acres of land to Hugh Stirling. Nov. 14, 1733. C.O. 5/670, p. 127.
The like Grant of the same Tenour and Date to Hugh Stirling of Glasgow Merchant as the aforegoing to James Houstoun. Of which a Counterpart was Executed in the same manner and remaining with the Trustees whereby the said Grant at large appears.
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Common Council Grant of 500 acres of land to William Stirling. Nov. 14, 1733. C.D. 5/670, p. 128.
The like Grant of the same Tenour and Date to William Stirling of Glasgow Merchant as the aforegoing to James Houstoun. Of which a Counterpart was Executed in the same manner, and remaining with the said Trustees whereby the said Grant at large appears.
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Common Council Grant of 150 acres of land to Nathaniel Polhill. Nov. 21, 1733, C.O. 5/670, p. 128.
Grant and Enfeoffment (with Livery and Seisin indorsed) Made the 21st of November 1733 to Nathaniel Polhill of Southwark Upholsterer of One hundred and Fifty Acres of Land to be set out &c. as in the Grant to James Houstoun14 Paying Yearly a Rent of One Pound and ten shillings as in James Houstoun’s Grant But to Arrive in Georgia with three Servants To clear & Cultivate 60 Acres thereof in 10 Years & Plant 600d. White Mulberry Trees & on every 10 of the other 90 Acres 100d. White Mulberry Trees when cleared the rest as in James Houstoun’s Grant altering only the Number of Acres and Servts.
Indorsed on the back for Livery & Seisin to be taken & Delivered
Of which Grant a Counterpart was Executed & remains with the Trustees whereby the said Grant at large appears.
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Common Council Grant of 150 acres of land to Joseph Wardrope. Jan. 30, 1733/34. C.O. 5/670, p. 128.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 30th. of January 1733 to Joseph Wardrope of the City of Edinburgh Burgess House Carpenter of the same Tenour with the precedent Nathl. Polhill (Excepting in the Clause & Covenant for Registering the said Grant with the Auditor of His Majestys Plantations the words or a Memorial containing the Substance and Effect thereof are added). Of which Grant a Counterpart was Executed and remains with the Trustees whereby the said Grant at large appears.
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Common Council Grant of 150 acres of land to James Haselfoot. Feb. 27, 1733. C.O. 5/670, p. 129.
The like Grant of the same Tenour and Dated 27th. of February 1733 to James Haselfoot of Ludgate Street London Mercer as the aforegoing to Joseph Wardrop, Of which a Counterpart was Executed and remains with the said Trustees, whereby the said Grant at large appears.
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Common Council Grant of 75 acres of land to William Bateman. March 13, 1733/34. C.O. 5/670, p. 129.
Grant and Enfeoffment (with Livery & Seisin indorsed) made the 13th. of March 1733 to William Bateman of Cheame in the County of Surry Mariner of Seventy five Acres of Land to be Set out &c in the Grant to James Houstoun Paying Yearly a Rent of Fifteen Shillings as in James Houstoun’s Grant. But to arrive in Georgia with one Servant to Clear & Cultivate 30ty. Acres thereof in 10 years & Plant 300d. White Mulberry trees & on every 10 of the other 45 Acres 100d. White Mulberry trees when cleared, the rest as in James Houstoun’s Grant altering only the Number of Acres & Servants.
Indorsed on the back for Livery & Seisin to be taken and delivered
Of which Grant & Counterpart was Executed & remains with the Trustees whereby the said Grant at large appears.
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Robert Millar Letter of Attorney to Andrew Millar. March 25, 1734. C.O. 5/670, p. 129.
Letter of Attorney from Robert Millar of Chelsea in the County of Middlesex Surgeon to Andrew Millar of the Parish of St. Clement Danes in the County of Middlesex Bookseller of the same Tenour with the Letter of Attorney from the late Mr. Wm. Houstoun Entd. Page (100)15 to which the said Robert Millar Sat his hand & Seal the 25th day of March 1734 in the presence of James Ingles & Harman Verelst.
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Reports laid before the Trustees at their meeting. March 21, 1733/34. C.O. 5/670, pp. 130-134.
For the General Meeting of the Trustees for Establishing the Colony of Georgia in America to be held March 1733.
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Common Council Grant of 100 acres of land to George Brigham. July 23, 1734. C.O. 5/670, p. 134.
An Indenture of Grant and Enfeoffment dated the 23d. of July 1734 to George Brigham of the County of Hertford Farmer of 100d. Acres of Land in Georgia To hold to him and the Heirs Male of his Body under the yearly Rent of Twenty shillings. The first Paymt. to be made on the 1st. day of the 11th. Year from the 9th. of June 1732. Conditions are to Go with two Men Servants in a year from the date & abide 3 years to clear 40 Acres in ten years & Plant 400d. white Mulberry Trees & 100d. While Mulberry Trees upon every ten Acres of the other 60 Acres as clear’d, which is to be in 18 Years from the date, or such part thereof unclear’d to Revert, with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants, when requested by the Grantee, As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Common Council Grant of 200 acres of land to Sir Francis Bathurst, Baronet. June 7, 1734. C.O. 5/670, p. 135.
An Indenture of Grant and Enfeoffment dated the 7th. of June 1734 to Sr. Francis Bathurst of the County of Gloucester Baronet of 200d. Acres of Land in Georgia To hold to him and the Heirs Male of his Body under the yearly Rent of forty Shillings. The first Payment to be made on the first day of the 11th. year from the 9th. of June 1732. Conditions are to Go with four Men Servants in a Year from the date, and abide three Years to clear 80 Acres in ten Years and Plant 800d. white Mulberry Trees and 100d. White Mulberry Trees upon every ten Acres of the other 120 Acres as clear’d which is to be in 18 Years from the date, or such part thereof unclear’d to Revert with a Covenant from the Trustees to Grant 20 Acres to each of such Men Servants when requested by the Grantee. As by a Counterpart thereof remaining with the said Trustees more fully appears.
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Trustee Authorization to the Rev. Samuel Urlsperger to secure persecuted protestant German colonists to come to Georgia. Sept. 12, 1733. C.O. 5/670, pp. 135-136.
Omnibus ad quos hae Praesentes Literae Pervenerint Curatores Coloniae Georgianae in America Salutem Plurimam dicunt. Cum Serenissimo et Potentissimo Magnae Britanniae Regi Georgio Secundo nihil magis in votis sit, quam ut Inopiae et Miseriis Pauperum Succurrat, tarn inter subditos suos quam inter Extraneos qui e Patria sua Religionis Causa exulare Coguntur, Majestas Sua Britannica eum in finem Coloniam instituit sub Ipsius Auspiciis in Terras suae Ditionis in America sitas deducendam Ejusque Curam et Administrationem Nobis per Literas suas Patentes Regio suo Magnae Britanniae Sigillo munitas commisit. Nos itaque Regia hac Authoritate instructi et communiti dictae Coloniae Curatores de Humanitate et Pietatis vere Christianae Zelo Reverendi admodum Doctique Viri Samuel is Urlespergeri Ecclesiae Sanctae Annae apud Augustanos Rectoris Dignissimi certiores facti Ipsum plena Potestate muniendum esse judicavimus, sicut per Praesentes hasce Nostras Literas rite munimus ut Exules quoscunque sive Emigrantes e Patria sua Professionis Evangelicae Causa qui sese Coloniae supradictae aggregare voluerint et in America Proficissi [Proficisci] tanquam Colonas admittat et cum illis de Conditionibus, quae aptae et consentaneae fuerint transigat, secundum formam Eorum quae hac super re praescribere aequum esse duximus, quaeque hisce Nostris Literis adjuncta sunt; Promittentes quicquid per dictum Dominum Urlespergerum cum Praefatis Exulibus sive Emigrantibus transactum et conventum fuerit, Id Nobis ratum gratum acceptumque fore. In cujus rei fidem his Literis Nostris per Mandatum Nostrum a Secretario Nostro subscriptis Sigillum Nostrum Commune affigi curavimus quae dabantur duodecimo die mensis Septembris Anno Domi 1733 Regnique Majestatis suae Britannicae Septimo
By Order of the said Trustees
Translation of the above Document.16
To all to whom these presents shall come, the Trustees of the Colony of Georgia in America send heartfelt greetings. Inasmuch as there is nothing of greater concern to the most powerful king of Great Britain George II than that he should aid the poverty and miseries of the poor, not only among his subjects but also among the foreigners who are compelled to abandon their own country for religious sake, his British Majesty has decreed that for this purpose a colony shall be founded under his own protection in the territory in America which is subject to his dominion, and he has committed the care and administration of this colony to us through his own patent letter sealed with his own royal seal of Great Britain. We, therefore, the Trustees of the aforesaid Colony, relying on and fortified by this royal authority, having been informed of the humanity and zeal for truly Christian piety of the very reverend and learned man, Samuel Urlsperger, the most worthy rector of the Church of St. Anne in Augsburgh, have adjudged the same should be empowered with full authority, and so through this present letter we do properly authorize him to admit as colonists any exiles or emigrants from their own country who for the sake of professing the gospel wish to join the aforesaid colony and to set out for America, and that he should treat with them concerning conditions which are suitable and fitting in accord with the form of those conditions which, concerning this matter, we have thought it just to prescribe and which are attached to this our letter; and we promise that whatever shall have been transacted and agreed upon by the said Mr. Urlsperger with the aforementioned exiles or emigrants shall be right and pleasing and acceptable to us. In pledge of which we have taken care that our common seal should be affixed to this our letter which has been written by our secretary at our command. Given on the 12th day of this month of September in the year of Our Lord 1733 and the seventh of the reign of his British Majesty.
By Order of the said Trustees
Benj. Martyn, Sectry.
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Trustees Instructions to the Reverend Samuel Urlsperger of Augsburg giving specifics about the settling of emigrants from Saltzburg and Bertholdsgoden in Georgia.17 Sept. 12, 1733. C.O. 5/670, pp. 136-137.
Instructions to the Reverend Mr. Samuel Urlesperger from the Trustees for Establishing the Colony of Georgia in America.
First | The Trustees will defray the Charges by Land, and of Passage and Provisions for the Voyage to Georgia in America of Three Hundred heads (to be computed of the Age of twelve years and upwards as one head; of the Age of seven Years & under twelve two for one; Of the Age of two Years and under seven, three for one; and under the Age of two years, are not to be computed but Go freight free) of Emigrants from Saltzburgh and Bertoldsgoden18 or any other from the neighbouring Countrys persecuted for the Protestant Religion. |
2dly. | To all those who want it, they will be furnished with Tools. |
3dly. | On their Arrival in Georgia, each family will have Provision given them Gratis till they can take in their Harvest, and also Seed will be there given them sufficient to Sow all the Lands they shall in the first Year make ready for Sowing. |
4thly. | Each Man shall be Intitled to three Lots of Land that is to say a Lot for House and Yards; a Lot for Garden Plots, and a Lot for Tillage sufficient in the whole to give a comfortable Maintenance to themselves and families, And that they shall have the said Lands Freehold to themselves and their Heirs Male for ever. |
5thly. | That they shall be Protected in the free Exercise of their Religion, and in the full Enjoyment of all the Civil and Religious Rights of the Free Subjects of Great Britain. |
6thly. | They shall obey such Orders and Regulations for the Maintenance of Property, Peace, and good Government, as shall be Established; and on their Arrival shall assist each other in clearing their Lands, building Houses, and such other Works as shall be necessary for their mutual Safety, in common with His Majesty’s other Subjects there. |
Lastly | There will be a Provision made for the Maintenance of a Minister who shall Officiate in their own Language. |
Sign’d by Order of the said Trustees this 12th day of September 1733.
Benj. Martyn Sectry.
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Trustee Petition to the King asking that instructions be sent to the British Minister at Vienna to apply for permission that Salzburgers may be admitted to Augsburg on their way to Georgia. Sept. 26, 1733. C.O. 5/670, pp. 137-138.
To the King’s Most Excellent Majesty.
The humble Petition of the Trustees for the Colony of Georgia.
Humbly Sheweth.
That Your Petitioners ever since their being incorporated by Your Majesty’s Letters Patent have Applyed themselves to the Procuring Settlements in the Province of Georgia for many familys of your Majesty’s Subjects who were fallen into Decay and become unable to Subsist themselves without being a burden to the Publick.
And Having been Encouraged by considerable Contributions (made with your Majesty’s Permission) towards the relief of the Persecuted Saltzburghers; We have Undertaken to settle for the present Three hundred of the said Saltzburghers in Your Majesty’s Province of Georgia. And the Sieur Urlesperger Senior Pastor of the Lutheran Church at Augsburg being employed by us for that purpose has lately informed your Petitioners that he meets with great Obstruction in this good work from the Popish part of the Magistracy of Augsburg, who will not suffer the Saltzburghers Engaged to settle in Georgia to Enter or Abide in their City. But force them to quarter without the Gates to their great Inconvenience and Expence.
We therefore become humble Petitioners to your Majesty That You would be Pleased to send Your Royal Instructions to Your Minister at Vienna to apply in the best manner he shall think proper at the Imperial Court that the Popish Magistrates at Augsburg may be induced to consent as well as the Protestant that our said Colonists may be admitted into their City & have liberty to continue there ’till such time as there are a sufficient Number to set out together on the intended Journey; since by the Contracts they are entred into they may be looked upon as being now become Subjects to your Majesty, and as such are Intitled to all good Usage within the Empire Agreable to the Peace and Amity Subsisting between Your Majesty’s Dominions, and those of the Emperor of Germany.
Sign’d by Order of the said Trustees this 26th of September 1733.
Benja. Martyn Secy.
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Common Council Contract with and Instructions to Robert Millar to be Trustee Botanist. March 6, 1734/34. C.O. 5/670, pp. 139-142.
To all whom it May concern. Whereas Doctor Wm. Houstoun did Covenant & Agree with the Trustees for establishing the Colony of Georgia in America in Consideration of the yearly Salary of Two hundred Pounds for three Years from Michas 1732 That he would Go to America and for the Space of two Years at his own Charge and Expence travel to such parts thereof as the said Trustees should think proper in order to Collect all such Plants as should be contained in his Instructions from the said Trustees to be carry’d to Georgia and after the Expiration of the said two Years or sooner if the said Trustees should think proper would Go and reside in the said Colony of Georgia at his own Charge & Expence & use his utmost Endeavours there for Preserving & Propagating of the said Plants and follow such Orders therein as he should receive from the said Trustees. And Whereas the Right Honble. The Lord Petre did engage to Pay unto the said Dr. Wm. Houstoun Fifty Pounds a Year towards defraying the Charge of his said Travels which the said Dr. Wm. Houstoun did accept as part of the said Two hundred pounds a year Salary. But in Case of the said Lord Petre’s Death before the Expiration of the said Three Years & the said Trustees should not think fitt to Pay the said Salary of two hundred Pounds a year then the said Three Years should be shorten’d proportionally as the whole Sum to be paid the said Dr. Wm. Houstoun should fall short of Six hundred pounds. And Whereas the Following Persons did Agree to pay Yearly To the said Trustees for three Years the Several Sums hereafter Mention’d. Vizt. His Grace the Duke of Richmond & Lenox the Sum of Thirty pounds a Year. The Rt. Honble. the Earle of Derby the sum of Fifty pounds a Year; Sr. Hans Sloane Bart. the Sum of Twenty pounds a Year, the Company of Aphothecarys The Sume of Twenty Pounds a Year; Charles Du Bois Esqr. the sum of Ten Pounds p Year; George Heathcote Esqr. the Sum of Five pounds p Year; and James Oglethorpe Esqr. the sum of Five pounds a Year in Order to Defray the Expence of Employing proper Persons for Collecting valuable Trees Plants Dyes and Drugs and also for Cultivating a Farm in Georgia in ye Best Manner and in Improving Agricultur by makeing Experiments for Raising all Kind of Productions which that Climate is Capable of, and which England now Purchases from Foreign Countries all which Severall Sums So to be paid to the said Trustees Yearly amount to no more than the Sum of One hundred and Forty Pounds a year. And Whereas the said Dr. William Houstoun did Imbarke pursuant to the above Recited Agreement and the Instructions he Received and when to the Maderas and Jamaica for the Purpose he was So Imployed and on the 14 of August Last happened to Dye at Jamaica but was paid his said Salary to Midsr. 1733 and by Letter to Mr. Philip Millar his Attorney Directed him to Receive no more of his Said Salary on Acct. of his Ill State of health whereby only Nine Months Salary of the said three years have been paid and Remaines to Compleat the said Term two Years and three Months to be Served in the same Manner by some other proper Person to be Imploy’d for that purpose. And Whereas Robt. Millar of Chelsea in the County of Middlesex hath been proposed to the said Trustees as a fitt person to be Imployed in the Said Service and the said Trustees haveing been Informed that the Several Contributors before Mentiond do Approve of the said Robt. Millar to be so Imploy’d. Know Yee that the said Robt. Millar doth by these Presents Covenant & agree to and with the said Trustees that in Consideration of the Yearly Salary of two hundred pounds to be paid unto him or his Order for the Space of two Years & three Months from Lady19 next Ensuing the Date hereof; the said Robert Millar will Imbark with all Convenient Speed for Jamaica and will from thence proceed to America & will for the Space of one Year and Nine Months at his Own Charge & Expence Travel to such parts thereof as the Trustees shall think proper in Order to Collect all such plants as shall be Contain’d in his Instructions from the said Trustees & that he will Use his Utmost Dilegence for Collecting the Same and that he will Carry or cause them to be Carry’d to Georgia and that he will Constantly Correspond with & from time to time transmit to the said Trustees all such Observations as he shall apprehend may be usefull to the said Colony and after the Expiration of the said one Year and Nine Months or Sooner if the said Trustees shall think proper he will go & reside in the said Colony of Georgia at his Own Charges and Expence and use his Utmost Endeavours there for the preserving & propagating of the said plants and Follow such Orders therein as he shall Receive from the said Trustees and in Case it shall so happen that any Deficency shall be of the before Mention’d Contributions And Engagement of Lord Petre or that the Said Trustees should not think Fitt to Advance ten pounds by ye Year to make up the said Two hundred Pounds a Year, then the said Term of two Years & three Months shall be Shorten’d proportionably as the whole to be received shall Fall Short of Four hundred and fifty Pounds. In Witness whereof the said Robert Millar hath hereunto Set his hand and Seale the 6 Day of March in the year of Our Lord 1733.
Sign’d Sealed & Delivered in the Presence of | Sign’d Robt. Millar L.S. |
Benj. Martyn, Sectary Hartman Verelst, Accountant. | |
London 7th. of March 1733. |
Received of the said Trustees by Order of the said Common Council Seventy five pounds for half a year’s Payment commencing at Lady Day next 1734 by me.
£75.0.0 | Robt. Millar |
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Instructions.
Sr. you are Ordered by the Common Council of the Trustees For Establishing the Colony of Georgia in America to go with all Convenient Speed to Mr. Cochrane at Kingston in Jamaica for the Observation of Botany made by Dr. Wm. Houstoun in writing & his Collections of Dry’d plants he Left in the said Mr. Cochranes Possession in Case they are not Sent to England, and send Copys of the said Observations to the Trustees together with a List of the Dry’d plants so Collected which with the future Collections you make are to be Carry’d to Georgia to be Preserved and Propagated there. If you touch at Madera and have time you are Ordered to Inform your Self of the Manner of Cultivating the Vines and making the Wines there; and to Carry with you to Jamaica Cuttings of there best Sorts of Vines & Seeds Roots or Cuttings of any other usefull Plants you shall meet with on that Island, which are Wanting in the British Colonies but particularly the Cinnamon Tree, and if you can find any Vessell going from thence to South Carolina you must also Send sum of each of Ye above Mentioned things Directly there, Addressed to Mr. [James] St. Julian at Charles Town to be forwarded to Georgia on advice from him thereof to James Oglethorpe Esqr. or in his Absence to the Suprenintendant for the Trustees there for Instructions if proper to be Sent, or preserved at Charles Town till Wanted.
From Jamaica you are Ordered to go to the Several Spannish Settlements at Carthagena20 Puerto Bello,21 Campechey & Vera Cruz22 as Soon as you have the Oppertunity of any Vessels going to the said Places and if you can you are to Cross the Country to Panama. At all these Places you are to Use your Utmost Diligence to purcure the Seeds & Roots of all Usefull Plants, Such as Ipecacuana, Jallop Contrayerva, Sarsaparilla, and Jesuits Bark, the Trees which Yield the Peruvian and Capivi Balsoms the Gum Elemi & the Cochineal plants with the Animals23 upon it, and all other things that you shall judge may be of use to the Colony of Georgia.
When you Return from the said places to Jamaica you are to Leave the things you shall have Brought over, with the Person you shall find most Capable and willing to take care of them, while you go to the other Spannish Ports in Search of others, but if you can have the Opportunity of a Ship going to Charles Town, you are Still to Send sum of Each Kind to Mr. St. Julian there, when you have Visited Each of the aforesaid Places and Collected from ym all that shall be in your Power, you are to Expect our further Orders to be sent you to Jamaica Directing how to proceed in transporting your Self & them to Georgia, where you are to Spend the Remaining part of the two Years and a Quar. in taking care of the Culture of what you shall Carry with you. And you are particularly Desired to Inform your Self of the Nature & Culture of the White Mulberry Tree which is most proper for the Nourishment of Silk Worms as Likewise of all Sorts of Logwood & other wood & Barks of Use in Dyeing in Order to the Propagating of them in Georgia, and in Case that a War Should Break out before you finnish your Travels you are to proceed Directly for Georgia. And you are from time to time by all Opportunitys to write to the Trustees of the Progress you make.
Sign’d by Order of the said Common Council the 6 March 1733.
Benj. Martyn, Sectary.
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Sir Francis Bathurst’s Petition to cancel his former land grant and to be issued a new one. Oct. 2, 1734. C.O. 5/670, p. 143.
To the Trustees for establishing the colony of Georgia in America. The humble Petition of Sr. Francis Bathurst Bart.
Sheweth
That your Petitioner having read over the Grant made to him the seventh of June last of Two hundred Acres of Land in the Province of Georgia in America To hold to him and the Heirs Male of his Body in Order to his Executing a Counterpart thereof. Your Petitioner did not Agree to Execute such Counterpart or take out the said Grant, by reason that instead of the Land going to the Heirs Male of his Body, he desired a Provision for his Wife and his Youngest Son and three Daughters and that no part of the said Land should Go to his eldest Son.
Wherefore Your Petitioner Humbly Desires that the said Grant of the seventh of June last may be Vacated and Cancelled and such other Grant made to him in Exchange thereof pursuant to Your Petitioners Request He Paying the Charge thereof.
And Your Petitioner shall ever Pray &c.
2d of October 1734 Francis Bathurst
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Trustees Petition to the Lords Commissioners of the Treasury to issue £ 2561 without the usual deducation of six pence in the pound. Oct. 7, 1734. C.O. 5/670, p. 144.
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