“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”
To the Right Honble. The Lords Commissioners of His Majesty’s Treasury
May it please Your Lordships
The Trustees for establishing the Colony of Georgia in America Humbly Represent to Your Lordships that pursuant to his Majesty’s Royal Sign Manual the Sum of Two thousand Five hundred and Sixty One pounds is ready to be issued to the said Trustees without Account for the Uses & Purposes following (That is to say.)
With respect to the Indian Chiefs & their Attendants lately brought over here | 1,061.-.- |
And for and in consideration of the Service, Charge and Expences which the said Trustees have been at in building a Fort in Georgia, the better to secure the Trade and Commerce of his Majesty’s Subjects there and in the Province of Carolina. | 1,500.-.- |
And That the Officers of His Majesty’s Receipt of Exchequer 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 Sixty four Pounds and Six Pence. But as the said Sum is issued to defray & reimburse the above Expences, which requires the full amount thereof. And Your Lordships have in the last Issue to the Trustees eased the same from being charged with the said Pound Rate The Trustees hope Your Lordships will in the present Case remit the said Six Pence in the Pound, That the said Sum of Two Thousand Five hundred and Sixty One Pounds may be issued without such Deduction.
Signed by Order of the Trustees the 7th. of October 1734.
Benjamin Martyn Secty.
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Common Council Grant of 500 acres of land to Bulfinch Lambe. Oct. 7, 1734. C.O. 5/670, p. 145.
An Indenture of Grant and Enfeoffment dated the seventh day of October 1734 to Bulfinch Lambe of London Merchant of Five hundred Acres of Land in Georgia, and of the same Tenor as the Indenture to James Houstoun Entd. in Page (125)24 As by a Counterpart thereof remaining with the Trustees at Large appears.
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Common Council Grant of 500 acres of land to Andreas Godofredus Dietzius. Oct. 7, 1734. C.O. 5/670, p. 145.
An Indenture of Grant and Enfeoffment dated the seventh day of October 1734 to Andreas Godofredus Dietzius of the Parish of St. Martin in the fields in the County of Middlesex Merchant of Five hundred Acres of Land in Georgia of the Same Tenor as the aforegoing Grant to Bulfinch Lambe as by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 200 acres of land to Sir Francis Bathurst. Oct. 7, 1734. C.O. 5/670, pp. 145-152.
This Indenture of Seven Parts made the Seventh day of October in the Eighth 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 four Between the Trustees for Establishing the Colony of Georgia in America of the first part Sir Francis Bathurst of the County of Gloucester Baronet of the Second part Dame Frances his Wife of the Third part Robert Bathurst youngest Son of the said Sir Francis Bathurst of the Fourth part Elizabeth Peacock Bathurst Eldest Daughter of the said Sir Francis Bathurst of the Fifth part Mary Bathurst Second Daughter of the said Sir Fras. Bathurst of the Sixth part and Martha Bathurst youngest Daughter of the said Sir Francis Bathurst of the Seventh part. Whereas the said Sir Fras. Bathurst Dame Frances his Wife Robert his youngest Son and Elizabeth Peacock, Mary and Martha his three Daughters do 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 them for the respective Estates herein hereafter mentioned 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 & improving the said Province and also in Consideration of the Rents Services & Conditions herein after expressed by the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby to be made from Time to Time become possessed of and entitled to the said Lands to be paid done performed and executed and also in Consideration of the Sum of one Pound and One Shilling by the said Sir Francis Bathurst well and truly paid for the Use of the said Trustees the Receipt whereof is hereby 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 Sir Francis Bathurst Two 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 1732. The said Two 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 convenient by such Person or Persons as shall by the said Common Council be for that Purpose authorized and appointed (Reserved and always excepted out of this Grant in Case the said Two Hundred Acres shall be set out by the Side of any River Two Hundred Feet of Ground to be measured out in Breadth from the Banks of such River along by the Side thereof 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 Two Hundred Acres of Land to him the said Sir Francis Bathurst for and during the Term of his Natural Life and from and after his Decease as for and concerning one Moiety of the said Two Hundred Acres of Land to be and enure to the Use and Behoof of Dame Frances Bathurst Wife of the said Sir Francis if She shall survive her said Husband for and during her Natural Life and from and immediately after her Decese to be and enure to the Use and Behoof of Robert Bathurst youngest Son of the said Sir Francis and to the Heirs Male of the Body of him the said Robert Bathurst lawfully begotten or to be begotten and as for and concerning the other Moiety of the said Two Hundred Acres of Land from and immediately after the Decease of the said Sir Francis Bathurst the same to be and enure to the Use and Behoof of the said Robert Bathurst and to the Heirs Male of the Body of him the said Robert Bathurst lawfully begotten or to be begotten. And in Case the said Robert Bathurst shall dye without Issue Male of his Body lawfully begotten as aforesaid then as for and concerning One Third Part of the said Two Hundred Acres of Land (the whole into three equal Parts to be divided) the same to be and enure to the Use and Behoof of the said Elizabeth Peacock Bathurst and the Heirs Male of her Body lawfully begotten or to be begotten and as for and concerning One other third Part of the said Two Hundred Acres of Land (the whole into three equal Parts to be divided) the same to be and enure to the Use and Behoof of the said Mary Bathurst and the Heirs Male of her Body lawfully begotten or to be begotten and as for and concerning the remaining third Part of the said Two Hundred Acres of Land (the whole into three equal Parts to be divided) to the Use and Behoof of the said Martha Bathurst and the Heirs Male of her Body lawfully begotten or to be begotten. Yielding and Paying to the said Trustees for Establishing the Colony of Georgia in America and their Successors yearly and every Year for Ever a Rent or Sum of Forty 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 Ninth Day of June One Thousand Seven Hundred and Thirty two Provided always and these Presents are upon these Conditions That if it shall happen that the said yearly Rent of Forty Shillings hereby reserved or any Part or Parcel thereof shall be behind and unpaid by the Space of Six Calendar Months next after any Day of Payment on which the same ought to be paid as aforesaid Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become intitled to the said Two Hundred Acres of Land shall not within the Space of One Calendar Month to be computed from the Day of the Date of these Presents register or cause to be registered with the Auditor of His Majesty’s Plantations this present Indenture of Grant and Enfeoffment or a Memorial containing the Substance and Effect thereof Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become intitled to the said Two Hundred Acres of Land 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 able bodied young Men Servants being each of them of the Age of Twenty Years and upwards Or shall not with such able bodied young Men Servants as aforesaid 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 these Presents in the Common Register of the said Province of Georgia Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said 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 and cultivate Eighty Acres of Wood Ground being Part and Parcel of the said Two Hundred Acres hereby granted as aforesd. and set and plant Eight Hundred Trees or Plants of the white Mulberry Tree in and upon the said Eighty Acres and in and upon every Ten of the said other One Hundred and Twenty Acres One Hundred of the said white Mulberry Trees or Plants 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 otherwise be destroyed set and Plant other Trees or Plants of the same Sort in and upon the said Eighty Acres and also in and upon the said One Hundred and Twenty Acres respectively with all possible and Convenient Care and Speed so that there may always be growing upon the said Eighty Acres Eight Hundred of the said White Mulberry Trees or Plants and also upon every Ten of the said One Hundred and Twenty Acres One Hundred of the said white Mulberry Trees or Plants at the least. Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two Hundred Acres of Land shall at any Time Alien Assign or Transfer the said Two 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 first had and obtained or of such Officer or Officers as by the said Common Council shall from Time to Time be authorized and impowered to grant such Licences Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two 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 the Ashes commonly called or known by the Name of Pot Ash Or if the Estate hereby granted to the said Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst his Daughters as aforesaid shall cease and determine Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two Hundred Acres of Land shall do or commit any Treason Misprison of Treason Insurrection Rebellion Counterfeiting Clipping Washing Coining or other Falsifying of the Money of Great Britain or of any other Realm or Dominion whatsoever Or shall do or commit any Sodomy Murther Felony Homicide Killing Burglary Rape of Women unlawful Conspiracy or Confederacy and shall thereof be lawfully convicted Or if the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two 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 from Time to Time be 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 Two Hundred Acres of Land hereby granted to the said Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst his Daughters as aforesaid 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 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 Occupiers and Possessors of the said Two Hundred Acres or of any Part or Parcel thereof thereout and thenceforth utterly to expell put out and amove and also upon the Entry in any of the Cases beforementioned of such Officer or Officers as shall by the said Common Council for the Time being be for that Purpose authorized and appointed the Grant hereby made of the said Two 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 Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two 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 Pot Ash Provided always and the Intent and meaning of all the Parties to these Presents is that if any or either of them the said Elizabeth Peacock Bathurst Mary Bathurst or Martha Bathurst shall be intitled to or in Possession of any Lands as her or their Dower or Dowers respectively in Virtue of their or any of their being or having been married to any Person or Persons possessed of Two Hundred Acres or upwards in the said Province that then and in such Case the said Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst and every of them being so intitled to or in Possession of any Lands as aforesaid shall respectively be adjudged construed and deemed to have no Claim or Right to such Third Part of the said Two Hundred Acres of Land herein before granted to the said Sir Francis Bathurst as aforesaid but the same shall be and remain to the said Trustees for the Benefit of the said Colony 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 Two Hundred Acres of Land hereby granted to him the said Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst his Daughers and 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 Two 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 such Person or Persons Occupiers and Possessors of such Part & 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 and Purposes as the Common Council for the Time being of the said Trustees shall think fit and proper. 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 Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst his Daughters and to and with the several Heirs Executors and Administrators of the said Sir Francis Bathurst Robert Bathurst Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst 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 Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Two Hundred Acres of Land as aforesaid by any Writing under their Hands and Seals They the said Common Council will give and grant to such able bodied young Men Servants as shall arrive and settle in the said Province of Georgia as aforesd. with the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said two Hundred Acres of Land as aforesaid Twenty Acres of Land in the said Province of Georgia to each and every of them severally in Tail Male under such Rents Conditions Limitations and agreements 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 that Possession and Seisin of the said Two Hundred Acres of Land shall be taken and delivered by such Person or Persons as shall by the said Common Council be for that Purpose authorized and appointed to be their true and lawfull Attorney or Attorneys in their Name and Stead into and upon the said Two Hundred Acres of Land or into and upon any Part or Parcel 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 Name of the whole to the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become entitled to the said Two Hundred Acres of Land and him the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become intitled to the said Two Hundred Acres of Land to leave in quiet and peaceable Possession thereof according to the true Intent and meaning of these Presents. And the said Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst his Daughters for themselves severally and for the several Heirs Executors and Administrators of the said Sir Francis Bathurst Robert Bathurst Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst and for every of them 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 he the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become intitled to the said Two Hundred Acres of Land shall and will within the Space of One Month to be computed from the Day of the Date of these Presents register or cause to be registered with the Auditor of His Majesty’s Plantations this present Indenture of Grant and Enfeoffment or a Memorial containing the Substance and Effect thereof and shall and will within the Space of Twelve Months to be computed from the Day of the Date of these Presents go to the said Province of Georgia together with four able bodied young Men Servants being each of the Age of Twenty Years at the least and will together with such Men Servants as aforesaid 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 these Presents in the Common Register of the said Province of Georgia. And further that he the said Sir Francis Bathurst or such other Person as shall by Virtue of these Presents and of the Grant hereby made from Time to Time become possessed of and intitled to the said Land shall and will yearly and every Year well and truly pay or cause to be paid unto the said Trustees for Establishing the Colony of Georgia in America and their Successors the said Rent or yearly Sum of Forty Shillings of lawful Money of Great Britain in such manner as the same is herein before reserved and made payable. 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 and the said Sir Francis Bathurst Dame Frances his Wife Robert Bathurst his youngest Son and Elizabeth Peacock Bathurst Mary Bathurst and Martha Bathurst have set their Hands and Seals to another Part thereof remaining with the said Trustees the Day and Year first above written.
Indorsed on the back
Memorandum
That on the day of in the Eighth 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 173 quiet and peaceable Possession and Seisin of the said Two Hundred Acres of Land within granted was had and 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 Sir Francis Bathurst to hold to him the said Sir Francis Bathurst for and during the Term of his Natural Life and the Reversion thereof after his Decease to be held as within mentioned 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 Lease of 2500 acres of land for one year to Peter Gordon, Thomas Causton, Henry Parker, and Thomas Christie. Oct. 15, 1734. C.O. 5/670, pp. 152-153.
This Indenture made the Fifteenth day of October in the Eighth 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 four Between the Trustees for establishing the Colony of Georgia in America of the one part and Peter Gordon first Bailiff Thomas Causton second Bailiff Henry Parker third Bailiff and Thomas Christie Recorder of Savannah in Georgia 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 Peter Gordon Thomas Causton Henry Parker and Thomas Christie or one of them at on or before the Ensealing and Delivery of these Presents the Receipt whereof they do hereby acknowledge and for divers other good Causes and Considerations them hereunto moving Have given granted Bargained and sold and by these Presents do give grant bargain and sell unto the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie all those Two thousand five hundred Acres of Land lying and being in the Province of Georgia in America part and parcel of the Lands which His Majesty by His Royal Charter bearing Date the Ninth Day of June in the Year of Our Lord One thousand Seven hundred and thirty two 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 Five Hundred Acres unto the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and the Survivors and Survivor of them and the Executors and Administrators of such Survivor from the day of the date of these Presents unto the full end and Term of one whole Year from thence next ensuing and fully to be compleat and ended yeilding and Paying therefore unto the said Trustees and their Successors the Rent of One Pepper Corn upon the fast day of St. Michael the Arch Angel now next ensuing (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 Peter Gordon Thomas Causton Henry Parker and Thomas Christie 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 Peter Gordon Thomas Causton Henry Parker and Thomas Christie or the Survivors or Survivor of them of the Heirs of such Survivor by Indenture of Release intended to be made between the said Trustees of the one part and the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie 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 America have affixed the Common Seal of the Corporation of the said Trustees the Day & Year first above written.
By Order of the Common Council
Benja. Martyn, Sectary.
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Common Council Release of 2500 acres of land to Peter Gordon, Thomas Causton, Henry Parker, and Thomas Christie for such purposes as the Trustees intend. Oct. 16, 1734. C.O. 5/670, p. 153.
An Indenture of Release bearing date the 16th. day of October 1734 from the Trustees for establishing the Colony of Georgia in America of the 2500d. Acres of Land to Peter Gordon Thomas Causton Henry Parker and Thomas Christie and 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 remains with the said Trustees and thereby the said Indenture at large appears.
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Common Council Authorization to Peter Gordon, Thomas Causton, Henry Parker, and Thomas Christie to set out and grant 2500 acres of land as directed.25 Oct. 26, 1734. C.O. 5/670, pp. 154-155.
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 sixteenth day of October in the Year of our Lord One thousand Seven hundred and thirty four and made between the said Trustees for establishing the Colony of Georgia in America of the one part and Peter Gordon First Bailiff Thomas Causton Second Bailiff Henry Parker Third Bailiff and Thomas Christie Recorder of Savannah in Georgia of the otheer part. They the said Trustees did grant release and confirm to them the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie in their actual Possession then 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 the said Indenture of Release Two thousand 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 aforesaid as should be thought most convenient by such Person or Persons as should by the said Common Council be for that Purpose authorized and appointed. And the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and by the said Indenture of Release have 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 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 duly and faithfully executed 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 authorized and appointed touching the Granting and disposing of the Lands and Premises in and by the said Indenture of Release granted and mentioned and also touching the Execution of the Trust hereby in them reposed. Now know Ye That we have authorized and impowered the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and the Survivors or Survivor of them and by these Presents do authorize and impower the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and the Survivors or Survivor of them at any time during such Time as they the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie or the Survivors or Survivor of them will be in the Province of Georgia in America to set out limit divide and bound the said Two thousand five hundred Acres of Land in the said Province of Georgia in America (Granted by the said Trustees to them the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie for the Uses and Purposes in the said Indenture of Release mentioned) in such manner and in such part or parts of the said Province as they or the Survivors or Survivor of them shall judge most proper and convenient for the further settling and establishing the Colony there. And further know ye That we reposing especial Trust and Confidence in them the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie That they will to the best of their Skill and Knowledge duly and faithfully well and truly execute the Trust by the said Indenture of Release in them reposed, Have authorized and appointed the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and the Survivors or Survivor of them And by these Presents do authorize and appoint the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie and the Survivors or Survivor of them from time to time during such time as they the said Peter Gordon Thomas Causton Henry Parker and Thomas Christie or the Survivors or Survivor of them shall be in the Province of Georgiain America to grant and dispose of the said Two Thousand five hundred Acres of Land as they or the Survivor or Survivor of them shall judge most agreeable to the Execution of the Trust by the said Indenture of Release in them reposed. And we do hereby order and direct that the said Land be granted and disposed of to Protestants only And that in every Grant to be made in pursuance of this Appointment the following forfeitures shall be inserted. That is to say If any Person possessed of and intitled to such Land so to be granted 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 Dominion whasoever Or shall do or commit any Sodomy Murther Felony Homicide Killing Burglary Rape of Women unlawful Conspiracy or Confederacy and shall thereof be lawfully convicted or 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 from time to time be authorized and impowered to grant such Licences That then in any or either of the aforesaid Cases the Land so to be granted shall be forfeited and revert to the said Trustees to be granted and disposed of by them to such Person or Persons and in such manner as they shall think fit (being the Forfeitures referred to by the said Indenture of Release). 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 Twenty sixth day of October in the Eighth Year of the Reign of Our Sovereign Lord George the second 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 four
By Order of the said Common Council
Benj. Martyn Sectary
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Common Council Appointment of Thomas Causton as Second Bailiff of Savannah. Oct. 16, 1734. C.O. 5/670, p. 156.
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 Richard Hodges deceased was appointed second Bailiff of the Town of Savannah and the precincts thereof in Georgia aforesaid in the room and Stead of William Waterland removed from the said Office. Know Ye That we have nominated constituted and appointed and by these Presents in the room & Stead of him the said Richard Hodges Do nominate constitute and appoint Thomas Causton to be the second Bailiff of the said Town and precincts thereof. To have and to hold the said Office of second Bailiff together with all powers Authoritys and Jurisdictions thereunto belonging for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the room and Stead of the said Thomas Causton shall be nominated and appointed to the said Office. And we do hereby authorize and direct the Recorder 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 (entituled an Act for the further Security of his Majestys Person & 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 and secret Abettor) and also the Oath of Office unto him the said Thomas Causton and to enter the same 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 sixteenth Day of October in the Eighth 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 four
By Order of the Common Council
Benj. Martyn Sectary
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Common Council Appointment of Henry Parker as Third Bailiff of Savannah. Oct. 16, 1734. C.O. 5/670, p. 157.
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 Thomas Casuton appointed second Bailiff of the Town of Savannah and the precincts thereof in Georgia aforesaid in the room and Stead of Richard Hodges deceased Know Yee That we have nominated constituted and appointed and by these presents in the room and Stead of him the said Thomas Causton Do nominate constitute and appoint Henry Parker to be the third Bailiff of the said Town and precincts thereof To have and to hold the said Office of third Bailiff together with all powers Authoritys 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 and Stead of the said Henry Parker shall be nominated & appointed to the said Office. And we do hereby authorize and direct the Recorder 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 (Entituled an Act for the further Security of his Majesty’s 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 and secret Abettors) and also the Oath of Office unto him the said Henry Parker and to enter the same 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 sixteenth Day of October in the Eighth 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 four.
By Order of the Common Council.
Benj. Martyn Sectary.
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Common Council Grant of 500 acres of land to Nicholaus Ludovicus, Count of Zinzendorf and Pattendorf. Jan. 10, 1734/5. C.O. 5/670, p. 158.
An Indenture of Grant and Enfeoffment dated the Tenth day of January 1734 to Nicolaus Ludovicus Count of Zinzendorf and Pottendorf of the Holy Roman Empire Lord of the Lordships of Freydeck Shoeneck Turnstein & Halswack and so forth Of Five hundred Acres of Land in Georgia and the same Tenor as the Indenture to James Houstoun Entd. in Page (125)26 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Instructions of the Bailiffs and Recorder of Savannah in the case of Joseph Watson.27 Jan. 17, 1734/5. C.O. 5/670, pp. 158-160.
To the Bailiffs and Recorder of the Town of Savannah in the Province of Georgia in America. The Trustees very much Approve of your Conduct in Mr. Watson’s last Affair, and will always Support those who Act with Justice and Intrepidity in putting the Laws in Execution for the good of the Province. And Mr. Causton acted very Judiciously in regarding the General Interest and Safety preferrable to any private Consideration. In justly Confining one Man, rather than Risqueing the Safety of the whole. Mr. Watson’s behaviour has been so cruel, and has shown so much premeditated Malice, That his destroying Skee with Rum and then bragging of it Appears to the Trustees Murder, for Killing a Man, upon a fore thought and with malicious design, by means of a dangerous Liquor, Is as much Murder as killing him with any Sort of Weapon.
But as the Jury have brought him in Lunatick & therefore incapable of making his Defence The Trustees direct, that he should be confined as a Lunatick and proper Care taken for his Recovery, until he shall be in a Condition to take his Tryal. For which Tryal a special Commission will be sent over, And You at your Perils must take Care that he shall be forth coming when such Commission shall Arrive.
And no other Proceeding must be had on his Affair until the Arrival of the said Commission.
The Trustees are apt to Impute the Death of Skee (which has been a very great Detriment to the Province, by the Loss of so bold a Warrior, who both had been and would have continued of the utmost Service upon the Spanish Frontiers) to the Consequence of too great a Mildness, or rather Injustice in letting Mr. Watson go off with so slight a Fine when he was first convicted for the Assault on Esteeche.
You know that the Indians are very nice in point of Honour and that they are not to be Insulted. Had Mr. Watson at that time been severely fined and bound to his good behaviour It had very probably prevented him from running into those Extravagancies by which he lost his Senses; and from committing this Murder; And in the Consequence thereof had prevented Justus the Servant of Mr. [John] Musgrove from being killed.
You see by this a foolish Tenderness is the greatest of Crueltys. It has occasioned the Death of two Men, and if that kind of Spirit should continue of not punishing the Guilty, You will destroy Yourselves.
It is very surprizing to the Trustees That any Magistrate could think of Bailing a Murderer, for Murder is not bailable And bailing of a Lunatick is an Act of Lunacy; for his Distemper makes his Confinement necessary for the benefit of Mankind.
The new Started Opinion, That it is cruel to Imprison on Account of an Indian, is Itself very cruel and pernicious. For if Injustice is done to an Indian, the Person who does it, should be more severely punished; for doing it to one who is helpless from his Ignorance of Our Language, And because it is a Breach of Treaty, and an Act of Ingratitude to the first Possessors of the Land, who have always been exceeding friendly and kind to the Colony in its first weakness and Necessitys.
And as for the opinion, That it is right to let a Guilty Man go out of the Province without Punishment, That is giving up at once those valuable Priviledges of Trying all Fracts28 committed in it; and declaring Your selves incapable of supporting a Civil Government. If a Man is guilty You should Punish him in the Province according to his Deserts. And if he is not Guilty, You should acquit him. But you have no such thing as a Power of Banishing a Man from the Colony, nor ought You to let a Criminal Escape to another Colony in Safety.
The Expences arising by Mr. Watson’s Confinement and also for the taking Care of him and having a proper keeper to watch him will be defray’d by the Store keeper at Savannah, till such time as they can be Defray’d out of his own Estate. And he being a Lunatick It is impossible for him to carry on the Indian Trade; The Trustees therefore hereby Recall his Licence and Continue the Licence to Mr. & Mrs. Musgrove.
Sign’d by Order of the Common Council of the Trustees the 17th of March 1734/5.
Benj. Martyn Sectary.
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Common Council Instructions to the Magistrates at Savannah to inquire about the guardians for William Little, infant in Savannah. May 1, 1735. C.O. 5/670, p. 161.
Mr. Recorder
The Trustees for establishing the Colony of Georgia in America hereby direct that the Town Court do make an Inquiry whether by the will of the late William Littel any Guardians have been appointed for William Littel the Infant. If there are none, the Trustees do Assign Samuel Marcer to be his Guardian at the request of William Littel the Grandfather. And the House of the late William Littel by the Intail belongs to William Littel his Son, the Rent of which must in the first place be applied in the Maintenance of the Infant, and the Residue to the Improvement of his Lot during his Minority; As for the Personal Estate, if the late Wm. Little made any Will, and gave any part thereof to the Infant, then the Court must take care to dispose of the same, and pay the Profits thereof to the Guardian to be disposed of in the manner aforesaid. If the late William Littel dyed intestate, then the Share belonging to the Infant by the Statute of Distributions of Intestates Estates being two third parts of his late Father’s personal Estate, of is to be disposed of and applied likewise for the Maintenance of the Infant during his Minority and the Improvement of his Lot. And the Guardian of the Infant must enter into a Recognizance with a sufficient Penalty by way of Security for his application of the Rents and Profits of the Infants real Estate and of the Disposal of his Personal Estate as before directed. The Infant in the Meantime must be kept at Mr. Parker’s to whom he was recommended.
I am Sir
1st May 1735. | Yor humble Servant Benj Martyn Sectary |
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Common Council Grant of house and 50 acres of land to Mrs. Margaret Bovey. May 5, 1735. C.O. 5/670, pp. 162-167.
This Indenture made the fifth day of May in the eighth 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 five Between the Trustees for establishing the Colony of Georgia in America of the one part and Margaret Bovey of the Parish of St. James Westminster in the County of Middlesex Spinster of the other part. Whereas Thomas Pratt late of the Town of Savannah in the Province of Georgia in America Freeholder and now residing in the Parish of St. George Hanover Square the County of Middlesex was lately possessed of a House or Tenement situate in Derby Ward and Tyrconnel Tything Number Three in the Town of Savannah aforesaid and Fifty Acres of Land Mark’d out and belonging to the said Town Lot five Acres whereof being situate to the Eastward of the said Town Number Fifty Seven and the rest described by Letter C Number Five To hold to him and the Heirs Male of his Body by Virtue of a Grant thereof to him made in Savannah by Thomas Christie Joseph Hughes and William Calvert in pursuance of a Deed of Trust bearing Date the Twenty Sixth Day of October in the Year of Our Lord One thousand seven hundred and Thirty two and made between the Trustees for establishing the Colony of Georgia in America of the one part and the said Thomas Christie Joseph Hughes and William Calvert of the other part. And Whereas the said Thomas Pratt on the Twenty third day of April in the Year of Our Lord One thousand Seven hundred and Thirty five did Personally appear before the Common Council of the Trustees for Establishing the Colony of Georgia in America in Common Council assembled and did then and there refuse to return to Georgia to cultivate his Lands according to the Tenure of his Grant. And Whereas the said Thomas Pratt is not married and Whereas the said Common Council taking the Premises into Consideration and upon hearing the said Thomas Pratt did declare and Adjudge the said Thomas Pratt to be Guilty of a Forfeiture and that the Grant of the said House or Tenement and Lands to him the said Thomas Pratt as abovementioned is Determined and become void And that the said House or Tenement and Premises are vested in the Trustees for establishing the Colony of Georgia in America to be Granted by the Common Council of the said Trustees to such Person and in such manner as they should think fit. And Whereas the said Margaret Bovey 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 her 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 the said Province and also in Consideration of the Rents Services and Conditions hereinafter expressed by the said Margaret Bovey her Heirs Executors and Administrators to be paid done performed and executed and also in Consideration of the Sum of Five shillings by the said Margaret Bovey well and truly paid for the use of the said Trustees the Receipt whereof is hereby 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 her the said Margaret Bovey and to the Heirs Male of her Body lawfully to be begotten All that the said House or Tenement late in the possession of the said Thomas Pratt Number Three situate in Derby Ward and Tyrconnel Tything in the Town of Savannah aforesaid and Fifty Acres of Land belonging to the said Town Lot five Acres whereof being situate to the Eastward of the said Town Number Fifty Seven and the rest described by Letter C Number Five. To have and to hold the said House or Tenement and Fifty Acres of Land to her the said Margaret Bovey and the Heirs Male of the Body of her the said Margaret Bovey lawfully to be begotten. Yeilding and Paying for such Fifty Acres of Land to the said Trustees for establishing the Colony of Georgia in America and their Successors yearly and every Year for Ever a Rent or Sum of Two 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 the Grant to the said Thomas Pratt made in Savannah by the said Thomas Christie Joseph Hughes and William Calvert as aforesaid. Provided always and these Presents are upon these Conditions That if it shall happen that the said yearly Rent of Two shillings hereby reserved or any part or parcel thereof shall be behind and unpaid by the Space of Six Calendar months next after any day of Payment on which the same ought to be paid as aforesaid Or if the said Margaret Bovey 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 one able bodied young Man Servant of the Age of Twenty Years and upwards Or if the said Margaret Bovey or her Heirs Male with such able bodied young Man Servant 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 these Presents in the Common Register of the said Province of Georgia Or if the said Margaret Bovey 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 House or Tenement and Fifty 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 the said Fifty Acres of Land and set and plant One Hundred Trees or Plants of the white Mulberry Tree in and upon every Ten Acres of the said Fifty Acres when as the same shall be cleared and cultivated 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 Fifty Acres with all possible and convenient Care and Speed so that there may always be growing upon every Ten of the said Fifty Acres One Hundred of the said white Mulberry Trees or Plants at the least, Or if the said Margaret Bovey 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 House or Tenement and Fifty Acres of Land shall at any time Alien Assign or Transfer the said House or Tenement and Fifty Acres of Land 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 Authorized and impowered to grant such Licences Or if the said Margaret Bovey 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 House or Tenement and Fifty Acres of Land shall at any time without the Leave & Licence of the 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 the Ashes commonly called or known by the Name of Pot Ash Or if the said Margaret Bovey shall dye without Issue Male Or if the Heirs Male of the said Margaret Bovey 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 Margaret Bovey 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 House or Tenement and Fifty 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 Realm or Dominion whatsoever or shall do or commit any Murder Felony Homicide Killing Burglary unlawful Conspiracy or Confederacy and shall thereof be lawfully Convicted Or if the said Margaret Bovey 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 House or Tenement and Fifty Acres of Land shall at any time hire 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 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 lawful to and for the said Trustees for establishing the Colony of Georgia in America and their Successors into and upon the said House or Tenement and Fifty Acres of Land hereby granted to the said Margaret Bovey 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 present Grant had never been had or made & all and every such Person or Persons so neglecting or misbehaving her or themselves in any or either of the Cases aforesaid and all others the Occupiers and Possessors of the said House or Tenement and Fifty Acres of Land or of any part or parcel thereof thereout and thenceforth utterly to expell put out and amove and also upon the Entry in any of the Cases beforementioned of such Officer or Officers as shall by the Common Council for the time being be for that purpose Authorized and appointed the Grant hereby made of the said House or Tenement and Fifty 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 her the said Margaret Bovey 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 House or Tenement and Fifty Acres of Land (not entering into any Company or Partnerhsip with any Person or Persons whatsoever for that purpose as aforesaid) from making or manufacturing as best she or they severally may the said Ashes commonly called Pot Ash. 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 Fifty Acres hereby granted to her the said Margaret Bovey in Tail Male as aforesaid shall not be cultivated planted cleared and improved within the Space of Ten Years as aforesaid That then and in such Case all and every Part of such Fifty 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 lawful 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 and Purposes as the Common Council for the time being of the said Trustees shall think fit and proper. 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 Margaret Bovey her Executors and Administrators in manner following (that is to say). That at such Time as the said Common Council of the said Trustees shall be thereunto requested by the said Margaret Bovey or her Heirs Male occupying and possessing the said House or Tenement and Fifty Acres of Land as aforesaid by any Writing under their hands and Seals They the said Common Council will give and grant to such able bodied young Man Servant as shall arrive and settle with her in the said Province of Georgia as aforesaid Twenty Acres of Land in the said Province of Georgia in Tail Male under such Rents Conditions Limitations and Agreements 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 Thomas Causton Thomas Christie and Henry Parker or any one of them their true and lawfull Attorney in their Name and Stead into or upon the said House or Tenement and Fifty Acres of Land or into or upon any part or parcel thereof in the Name of the whole to Enter and take Possession and Seisin thereof and after such Possession and Seisin so taken as aforesd. in their Name and Stead to deliver full and quiet Possession and Seisin thereof or of any part or parcel thereof in the Name of the whole to the said Margaret Bovey and she the said Margaret Bovey 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 shall by Virtue of these Presents do in their Name concerning the Premises. And the said Margaret Bovey for herself her Heirs Executors Administrators and Assigns and for every of them doth hereby covenant promise and agree to & with the said Trustees for establishing the Colony of Georgia in America and their Successors in manner following (that is to say). That she the said Margaret Bovey shall and will within the Space of Twelve months to be computed from the day of the date of these Presents go to the said Province of Georgia together with one able bodied young Man Servant of the Age of Twenty Years at the least and will together with such Man Servant as aforesaid 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 these Presents in the Common Register of the said Province of Georgia. And further that she the said Margaret Bovey her Heirs Executors Administrators & Assigns or some of them shall and will yearly and every Year well and truly pay or cause to be paid unto the said Trustees for establishing the Colony of Georgia in America and their Successors the said yearly Rent or Sum of Two shillings of lawfull Money of Great Britain in such manner as the same is herein before reserved and made payable. 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 and the said Margaret Bovey hath set her hand and Seal to another part thereof remaining with the said Trustees the Day and Year first above written.
By Order of the Common Council
Benja. Martyn Secry SEAL
Indorsed on the back
That on the Day of in the 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 & so forth and in the Year of Our Lord 173 quiet and peaceable Possession and Seisin of the said House and Fifty Acres of Land within granted was had and taken by the within named 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 unto the within named Margaret Bovey To hold to her the said Margaret Bovey and her Heirs Male upon the Conditions & according to the force and true meaning of this Deed within written. In the Presence of
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Trustee Petition to the House of Commons for funds to settle Salzburgers in Georgia. April 30, 1735. C.O. 5/670, pp. 168-169.
To the Honourable the Commons of Great Britain in Parliament assembled
The Petition of the Trustees for Establishing the Colony of Georgia in America
Humbly Sheweth
That Whereas His Majesty hath been graciously pleased to take into Consideration that many of his poor subjects and many Foreigners who are willing to become his Subjects are reduced to great Necessities and would gladly be settled in the British Provinces in America, where by cultivating the Lands at present waste and desolate they might not only gain a comfortable Subsistance for themselves and Families but also strengthen His Majestys Colonies and increase the Trade Navigation and Wealth of Great Britain.
And Whereas His Majesty for the more orderly carrying on the said good Purposes hath by his Royal Charter, bearing Date the Ninth Day of June A D 1732, constituted a Body Politick and Corporate by the Name of the Trustees for establishing the Colony of Georgia in America and hath granted unto the said Trustees and their Successors for ever certain Lands and Territories in South Carolina in Trust for establishing the said Colony and hath erected the same into an Independent Province by the Name of Georgia and thereby empowered the said Trustees to take Subscriptions and to gather and collect such Monies as should by any Person or Persons be contributed, which said Trustees are at their own Desire restrained by Clauses in the Charter from receiving any Salary, Fee, or Profit whatsoever.
And Whereas many Saltzburghers and other persecuted and distressed Protestants would be glad to go and settle in the said Province of Georgia, where they may find under His Majestys Protection an Asylum from Persecution and Arbitrary Power, but are unable at their own Charges to transport themselves thither. And as the settling them there will be a Charity highly becoming this Protestant Kingdom, the employing them in raising rough Materials for several of our most useful Manufactures (with which none of our Plantations at present supply us) will be of great Service to the Trade of this Nation, increase the Number of His Majestys Subjects and give further Employment to our Poor at home.
And Whereas Your Petitioners (notwithstanding the Benefactions of many well disposed and charitable People) find themselves unable to send over any Number of the said distressed Protestants without the Assistance of Parliament.
We therefore Your Petitioners do humbly Pray this Honourable House to take the Premises into Consideration, and grant such Relief therein as this Honorable House in their great Wisdom shall think meet.
By Order of the said Trustees
Benj. Martyn Sectary.
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Trustee Petition to the House of Commons for funds for Georgia. Undated.29 C.O. 5/670, pp. 169-170.
To the Honourable the Commons of Great Britain in Parliament assembled.
The Humble Petition of the Trustees for Establishing the Colony of Georgia in America
Humbly Sheweth
That Your Petitioners by the Assistance given them by this Honourable House in the last Parliament in 1733 together with the Contributions of well disposed Persons have been enabled to proceed so far in the Execution of the Trust reposed in them that as Lady day30 1734 there were settled in the Province of Georgia above One thousand persons, consisting of Such distressed Familys whose Circumstances deprived them of a Comfortable Subsistance here; and of Such Foreigners being Protestants as had been drove out of their County by Popish Persecution on Account of their Religion, and of others who have at their own Expence Settled themselves in this Colony. And untill the Ground is cleared and produces a Crop there is a Necessity for their being for the greatest part Subsisted at the Expence of the Trust.
That the principal Town named Savannah is already built, consisting of a great Number of houses and daily increasing, and a County laid out of the same name in which several Villages & Settlements are begun, and Forts already built upon the Principal Passes for the Defence of the whole.
That for the maintaining of good Government in the Colony, proper Courts of Judicature have been erected and civil Magistrates appointed.
And for the Conveniency of Ships frequenting of that Coast a Beacon is begun and near finished upon the Point of Tybee Island lying at the mouth of the River Savannah.
That by several Experiments already made by your Petitioners Directions They have found that the Soil and Climate of Georgia is proper for producing Wine, Oyl, Silk and other valuable Commodities which at present are purchased from Foreigners with ready Money.
That Your Petitioners think themselves obliged to observe the Importance of the Situation of this Province, which extending from the Sea to the Apalatian mountains (from whence descent great and wide Rivers) affords an Opportunity by making regular Settlements upon the banks thereof with White People to procure a Security not only to Carolina but to the other English Settlements upon the Continent of America and to prevent the Attempts of those who (in Case of a War) would endeavour to be Masters of the Same; By the loss of which, the Interest of this Nation in its Trade Navigation and Manufacture would be greatly affected.
Your Petitioners humbly hope that the Premises Considered, This Honourable House will Enable them to Carry on the good Work so happily begun on which so greatly depend the Increase of the Trade of this Kingdom, the Security of our Colonys on the Continent of America, the Providing a Comfortable Retreat for Persecuted Foreign Protestants and other Indigent Industrious Foreign Protestants as well as many of our own unfortunate Country Men who cannot Subsist at home.
And therefore Pray this Honourable House will give them such Assistance in the Premises as They in their great Wisdom shall think meet.
By Order of the said Trustees
Benj. Martyn Sectary.
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Common Council Agreement with George Lewis Wentz to secure servants in Germany to go to Georgia. May 7, 1735. C.O. 5/670, p. 171.
To all to whom it may Concern Know Ye That I George Lewis Wentz from Seckenheim in the Palatinate Student do Covenant and Agree That in Consideration of the Sum of Twenty shillings for every Person of the Age of twelve Years & upwards to be Ingaged and brought by me to serve in the Colony of Georgia in America pursuant to my Instructions in that behalf to be paid me by the Trustees for establishing the Colony of Georgia in America as is hereafter mentioned. That is to say, The Sum of Twenty Pounds in Advance to Enable me to Go to Germany by the way of Haydelberg to Ingage One hundred Persons to Serve in Georgia aforesaid. The Sum of Four shillings a head to be paid me at Worms in Germany for so many People as I shall have then Ingaged to serve as aforesaid; The Sum of Four shillings a head more at Cologn for so many as shall be then Ingaged; The Sum of Four shillings a head more at Rotterdam for so many as shall be then Ingaged; And the Sum of Four shillings a head to be paid to the Master of the Sloop, who shall bring the People so Ingaged from Rotterdam to the River of Thames. All which Sums being to Amount to the Sum of Twenty shillings for each Person of the Age of Twelve Years and upwards Ingaged and brought into the River of Thames by me pursuant to my said Instructions. I the said George Lewis Wentz in Consideration thereof will forthwith Imbark and at my own Charge and Expence Travel to such parts in Germany as will be most likely to Enable me to Execute my said Instructions in. And that I will from time to time acquaint the said Trustees of my Proceedings thereon; And to the utmost of my Power will well and truly Execute all my said Instructions in every Article as they are hereunto annexed. In Witness whereof I have hereunto set my hand and Seal this Seventh day of May in the Year of Our Lord One thousand Seven hundred and thirty five.
Sign’d Sealed and Delivered
(being first duly stampt) in George Lewis Wentz
the Presence of
Harman Verelst
Richard Atherton
7th. of May 1735.
Received of the within named Trustees for establishing the Colony of Georgia in America the Sum of Twenty Pounds advanced me to Go to Germany on my within mentioned Contract. I say received by me.
£20 Witness George Lewis Wentz
Harman Verelst
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Common Council Instructions to George Lewis Wentz to engage servants in Germany to go to Georgia. May 7, 1735. C.O. 5/670, p. 172.
Instructions for Mr. George Lewis Wentz from the Trustees for establishing the Colony of Georgia in America.
1st. You are to Engage none but Single Males between the Ages of Sixteen and Thirty.
2d. Those of twenty Years and upwards to serve four Years, and those under twenty to serve till the Age of twenty four.
3d. You are to Conduct them to the River of Thames, without any Additional Charge, more than agreed upon.
4th. They are to be carried from the River of Thames to Georgia at the Trustees Expence.
5th. They are during the time of their Service to be maintained by their Masters in Sickness & in health.
6th. They are also to be Cloathed during the same time, or receive if they Cloath themselves, Twenty shillings Sterling a Year, instead of Cloathing; And that to be at their Choice at the time of Engaging.
7th. And for Encouragement to serve well at the end of their Service, each Man (If he has a Certificate from his Master of his good Behaviour) will have twenty Acres of Land To hold to him and the Heirs Male of his Body.
8th. You are to Engage none but Protestants who will Injoy Liberty of Conscience, and the free and open Exercise of their Religion.
And you are to Ingage to the Number of One hundred Persons as abovementioned to be brought in the River of Thames the beginning of August 1735.
Private Instructions for Mr. George Lewis Wentz.
If you cannot find One hundred single Males of sixteen Years old and upwards, You are allowed to take twenty Persons more for Women and Children as follows Vizt. You are to Take
Young married People under the Age of Thirty not having above one Child.
If you take old Married People, You are to take such only who have five Children grown up, and the Youngest above the Age of Twelve Years, and who will Consent to their being put out to seperate Services.
All Persons to be paid Twenty shillings for to You, must be Twelve Years old and upwards.
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Trustee Memorial to the King for £1500 reimbursement for Indian negotiations in Georgia. Aug. 21, 1734. C.O. 5/670, pp. 173-174.
To the Kings Most Excellent Majesty.
The Humble Memorial of the Trustees Appointed by Your Majesty’s Charter for Establishing the Colony of Georgia in America
Sheweth
That to establish the said Colony and securely settle the People who so earnestly laid hold of Your Majestys Gracious Offer of Lands in the Province of Georgia the Trustees found themselves immediately under a Necessity to cultivate a Strict Friendship with Tomo Chachi Micho or King of Yamacraw and also with the other Michos or Kings & Nations of the Upper and Lower Creeks, whose Friendship is of the greatest Consequence to the Safety not only of Georgia, but of Carolina and all the Southern parts of Your Majestys Dominions on the Continent of America, and especially at a time when the French were (according to the best Advices) making proper Dispositions to extend their Borders and advance much nearer to the Province of Carolina. It became therefore necessary the more effectually to secure the Amity between them and Your Majesty’s Subjects and to Prevent the Designs of the French to build a Fort among these Indians and that the negotiating this Affair should be managed by such as were not obnoxious to them on account of a long and bloody War which had formerly been carried on between them and the People of Carolina and which altho’ ended appeared still to be resented by the Indians, and accordingly by our direction at the Solicitation of the Governor and Assembly of Carolina it was Undertaken with such Success that a Treaty of Commerce and Amity between the Colony of Georgia and them hath been Set led and their Consent obtained for building a Fort among them on the only River over which the French can invade Your Majesty’s Province of Carolina; Which has been look’d upon by that Province as so essential to their preservation in case of a Rupture between England and France, that they have Voted a Supply of Eight thousand five hundred Pounds of their Currency to be raised in two Years to commence in the Year 1735 making something more than One thousand Pounds Sterling for reimbursing in part the Expences of this important Service.
But May it Please Your Majesty to allow Your most dutifull Subjects to Represent to You That these Publick Services so Essential to the Preservation of your Majesty’s Dominions on the Continent of America have been carried on by the Trustees with a zeal very disproportionate to their Abilitys having no other Fund for Discharging the great Expence of Engaging the Friendship of this Nation by considerable Presents Building a Fort in their Country, and Preventing their being Drawn into the French Allyance. But the Sum of Ten thousand Pounds granted by Parliament for defraying the Settlement of several of Your Majesty’s poor Subjects and of several persecuted Foreigners desirous to become Your Subjects, and the Charitable Contributions of Private People and Communities amounting to Five thousand three hundred and Fifty pounds, both which Sums are already very near Expended for those Purposes for which they were given, there being now near a thousand Souls in that Colony, Six hundred of which will Perish if not Subsisted till such time as they have Cleared & Cultivated the Land.
And as the Carolina Fund cannot under Years produce a Sum to Reimburse what has been laid out by us for these Necessary Services. Therefore we are become Humble Petitioners to Your Majesty that the Sum of Fifteen Hundred Pounds at least Expended by us in the abovementioned Publick Services be Repayed us.
Sign’d by Order of the Trustees this 21st.
Day of August 1734.
Benjamin Martyn Sectary
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Trustee Memorial to the King asking for payment of the passage and expenses of this visiting Indian chiefs from Georgia. Aug. 21, 1734. C.O. 5/670, p. 175.
To The Kings Most Excellent Majesty.
The Humble Memorial of the Trustees appointed by Your Majesty’s Charter for Establishing the Colony of Georgia in America.
Sheweth
That Tomo Chachi, Micho by Interpretation King of Yamacraw with Senauki his Wife; Tooanahowi his Nephew; Umpychi one of the Chief of Pallachocalas, Hillispylli a chief Warrior, three Attendants, and an Interpreter making together nine Persons, Who arrived at the Trustees Office in Westmr. the 28th. of June last & were lately Admitted to an Audience of Your Most Gracious Majesty, are the Representatives of the Creek Nation Seated on the South and Extend from thence to the North West of the Province of Georgia, between Our Settlement and those of the Spaniards at Augustine, and of the French on the Missisippi & Moville Rivers.
That the Cultivation of their Friendship is of the greatest Consequence to the Safety not only of Georgia, but of Carolina and all the Southern Parts of Your Majesty’s Dominions on the Continent of America.
The Trustees therefore most humbly Desire Your Majesty will be Pleased to give Orders for the Defraying the Charges of the Passage and Entertainment of the said Indians during their Stay here and for such Presents at their departure as was Practised in the late Queen’s Reign with regard to the five Nations Whose Friendship was thereby Secured, to the great benefit and Security of Your Majesty’s Provinces on the North of America. As the Friendship of this Nation may now be secured for the benefit & Preservation of Your Majesty’s Subjects in the Southern Parts of Your Dominions on the Continent of America.
Sign’d by Order of the Trustees this 21st Day of August 1734.
Benjamin Martyn Sectary.
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Trustee Letter of Attorney to Harman Verelst to receive £2561 from the Lords of the Treasury for Indian expenses. Oct. 9, 1734. C.O. 5/670, p. 176.
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 and 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 Name and for Our Use to ask and receive of the Right Honble. The Lords Commissioners for Executing the Office of Lord High Treasurer of Great Britain or whom else it shall and may concern. The Sum of Two thousand five hundred and sixty one Pounds payable to Us without Account Pursuant to His Majesty’s Royal Sign Manual for the Uses & Purposes following. (That is to say) with respect to the Indian Chiefs and their Attendants lately brought over here One thousand and Sixty one pounds. And for and in Consideration of the Service Charge and Expences which We have been at in Present to the Creek Nation Building a Fort among the Creeks and in other Disbursemts. for preventing their being drawn into the French Allyance thereby the better to secure the Trade and Commerce of His Majesty’s Subjects in Georgia and in the Province of Carolina. One thousand five hundred pounds. And Acquittance or other sufficient Discharge for the same for Us and in Our Name to make seal and deliver, and to do all other Acts and Things whatsoever concerning 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 Common Seal to be affixed this Ninth Day of October in the Eighth Year of the Reign of our Sovereign Lord George the Second 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 four.
By Order of the Trustees
Benj. Martyn Sectary.
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Trustees Letter of Attorney to Harman Verelst to receive £600 from the Lords of the Treasury to aid German and Swiss Protestants to come to Georgia and South Carolina. Jan. 21, 1734/5. C.O. 5/670, p. 177.
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 and 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 Name and for Our Use to ask and receive of the Right Honble. The Lords Commissioners for Executing the Office of Lord High Treasurer of Great Britain or whom else it shall and may concern His Majesty’s Gracious Benefaction being the Sum of Six hundred Pounds payable to Us without Account Pursuant to His Majesty’s Royal Sign Manual to Enable us to lend Money to One hundred Foreign Protestants Swiss Grizons31 and Germans for their Passage and Assistance in their Voyage to Savannah and Purysburgh who are arrived here in their way from their own Countries to Savanah and Purysburgh and who have by various Accidents occasioned chiefly by the War which raged in the Countries through which they were Obliged to Pass expended and lost their Substance, and are now not only incapacitated from continuing their Voyage to Savanah and Purysburgh but also exposed to Perish through Want. Acquittance or other sufficient Discharge for the same for Us and in Our Name to make seal and deliver, and to do all other Acts and Things whatsoever concerning 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 Common Seal to be affixed this Twenty first day of January in the Eighth Year of the Reign of Our Sovereign Lord George the Second 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 four.
By Order of the Trustees
Benj. Martyn Sectary.
SEAL.
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Trustees Memorial to the Commissioners of the Treasury for the £2600 granted by Parliament. May 21, 1735. C.O. 5/670, p. 186.
To the Right Honble. the Lords Commissioners of His Majesty’s Treasury.
May it Please Your Lordships.
The Parliament having Granted His Majesty in the last Session The Sum of Twenty six thousand Pounds towards Settling and Securing the Colony of Georgia in America.
The Trustees for establishing the said Colony Pray Your Lordships Directions for the immediate Issuing the said Sum to them, without Deduction to be applyed to the Purposes aforesaid.
Sign’d by Order of the Trustees this twenty first of May 1735.
Benj Martyn Sectary
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Trustees Answer, delivered by the Earl of Egmont, to Tomo-Chi-Chi and other Indians. July 3, 1734. C.O. 5/670, p. 187.
The Answer of the Trustees for Establishing the Colony of Georgia in America deliver’d by the Right Honble. John Earl of Egmont President the third Day of July 1734 to Tomo Chachi Mico or King of Yamacraw, Senauki his Wife, Tooanahowi his Nephew, Umpychi One of the Chief of Pallachocalas, Hillispillia Chief Warrior, the Attendants and Interpreter.
You have done very well to trust Your selves under Mr. Oglethorpe. The Trustees are very glad to see You. They will be Fathers to You. You shall receive from them all the kindness and Security You can desire, and You are under a King who is good and gracious to all his People. The Trustees will endeavour to cement a strict alliance and Friendship with You. Your Children shall be Ours, and Ours shall be Yours, and We are all under one God, Who will punish any Who are guilty of Breach of Faith. If You have at any time any thing to offer, The Trustees will be very ready to hear You, and assist You on every occasion.
To which Answer the Trustees have Caused their Common Seal to be affixed this Twenty sixth day of October 1734.
By Order of the Trustees
Benj. Martyn Sectary
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Account of monies received for and expended by the Trustees June 9, 1732 to Sept. 9, 1734 prepared pursuant to the order of the House of Commons. March 11, 1734/5. C.O. 5/670, pp. 178-179.
An Accompt of the Monies received applied and expended by the Trustees June 1732 to the 9th day of September 1734.
Monies received
From private Persons, Communities and Parishes | 5,363. 2. 4 |
From the Receipt of His majesty’s Exchequer in pursuance of a Clause in an Act of the sixth Session of the last Parliament | 10,000. 0. 0 |
£ 15, 363. 2. 4 |
for establishing the Colony of Georgia in America from the 9th day of
Mmonies applied and expended
For establishing the Colony of Georgia
Applied in England
Applied in America
Memdm. There are two Bills of Exchange Accepted for Payment the 7th. of April next amounting to £370.-.-. which Mr. Heathcote has been Pleased to honour until there shall be Cash sufficient to Pay them. And there are several Bills of Exchange arrived, But the Accompts relating thereto being not settled. The amount thereof cannot yet be adjusted; and therefore the said Bills of Exchange have not been Accepted, although they amount to a very considerable sum.
Georgia Trustees | Harman Verelst Accompt |
For the General Meeting of the Trustees for establishing the Colony of Georgia in America to be held the 20th of March 1734.
After reading the General Abstract.
It is observed That of the Sum of £4,935.4.2 received in England and America charged since the 9th of June 1734 the following Sums are part vizt.
The Sum of £178.16.7 1/4 being the value in Sterling of £1,251.16.3 South Carolina Currency contributed in that Province for the Benefit of Georgia.
The Sum of £286.1.6 3/4 being the value in Sterling of £2002.11. South Carolina Currency the amount of the Duty of Three pence a Gallon on Rum imported into that Province Granted by the General Assembly for Raising 8000£ Current Money for the Use of His Majesty’s Subjects of Georgia to Commence from the first day of December 1733, which Amount is for one Year ending the first day of December 1734.
The Sum of £1,061.-.- received from the Exchequer for the Charge of the Indian Chiefs and their Attendants that were lately in England.
And the Sum of £600.-.- received from the Exchequer being His Majesty’s Gracious Benefaction to Enable the Trustees to lend Money to 100d. foreign Protestants, Swiss, Grizons, & Germans for their Passave and Assistance in their Voyage to Savannah and Purysburgh.
And that of the Sum of £9329.5.2 applied and expended in England and America the following Expence of the Indians is a part, vizt.
For Charges in bringing them to London | 14.16.2 | |
For Subsistance of them in London | 125. 5.2 1/2 | |
For Cloathing and Necessarys for them & Charges in Shewing them the Publick Places & giving them the Air | 203. 8.9 | |
For Presents made them and to the other Chiefs of the Upper and Lower Creeks. | 426. 8.7 | |
For Rewards to the Interpreter and others attending them | 178.15.- | |
For Charges of carrying them back to America | 130.12.1 1/2 | |
______________ | 1079.5.10 |
And the Sum of £69.8.8 is other part thereof which was applied for Encouraging and Improving Botany and Agriculture in Georgia, more than the Money received on that head was sufficient to Answer, which the Subscribers for that Service will be Called upon to continue their Payments to Answer, over & above the Salary to the Botanist, which £69.8.8 arises as follows vizt.
The Charge in America of Working in and Pailing the Garden for Botany & Agriculture amoted. to | 99.18.8 | |
The Salary to Mr. Robert Millar the Botanist for a Quarter of a Year to Christmas last amoting. to | 37.10.- | 137.8.8 |
The Money remaining unapplied for encouraging & improving Botany & Agriculture on 9th. June 1734 | 48.-.- | |
Recd. since from the Company of Apothecarys. | 20.-.- | |
________ | 68.-.- | |
Applied more than received | 69.8.8 |
It is further observed That of the Sum of £3,563.19.10 depending to be Accoted. for £600.- is part thereof, for which the Germans, Swiss &c. have given Bonds to the Trustees, which when repaid £540 thereof is to be applied for establishing an English School and for such other Charitys in Purysburgh as the Trustees shall direct & the remaining £60.-.- for the benefit of the Hernhouters32 Settled in Georgia.
And when Mr. [Isaac] Chardon’s33 and Mr. [Thomas] Causton’s Accots. are Examined & Settled most part of the Residue of the said £3563.19.10 will be Accoted. for but is now returned depending until such time, as their Accompts. are passed.
The Lands Granted since the last General Meeting vizt.
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King George Second’s Answer to Tomo-Chi-Chi and other Indians. Aug. 1, 1734. C.O. 5/670, p. 188.
The Words of George the Second of Great Britain France and Ireland King Defender of the Faith Given in writing to Tomo Chatchi Mico or King of Yamacraw the first Day of August 1734 at his Publick Audience together with Senauki his Wife and Tooanahowi his Nephew, Umpychi One of the Chief of Pallachocalas, Hillispilli a Chief Warrior and three Attendants besides his Interpreter that the same might remain for Ever with the Nation of the Creeks.
I am glad of this Opportunity of assuring You of my regard for the People from whom You come, and am extreamly well pleased with the Assurances You have brought me from them and accept very Gratefully this present as an Indication of their Good Disposition to me and my People I shall always be ready to Cultivate a good Correspondence between them and my own Subjects and shall be glad of any occasion to shew You a Mark of My particular Friendship and Esteem.
This Answer was Given in Writing by the King’s Order and by the hands of his Grace the Duke of Grafton Lord Chamberlain to His Magesty and to which the Trustees for Establishing the Colony of Georgia in America have Caused their Common Seal to be affixed this twenty sixth Day of October 1734.
By Order of the Trustees
Benj. Martyn Sectary
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Trustee Petition to the Countess of Harold, John Coke, and Peniston Lamb for funds. Oct. 2, 1734. C.O. 5/670, p. 189.
To the Rt. Honbl. the Countess of Harold, John Coke Esqr. and Peniston Lamb Esqr. Surviving Executors and Trustees of the late Earl of Thanet’s Charitable Requests.
The Humble Petition of the Trustees for Establishing the Colony of Georgia.
Sheweth
That after the most thankfull Acknowledgemts. for the Benefaction of £300 received towards Establishing the said Colony the 17th. of October 1732, which the Trustees have applyed with great Success, as appears by their Publick Printed Accounts & many Persons having been thereby Relieved.
Your Petitioners beg leave to represent that as the said Benefaction has been applyed in doing so much good and many proper Objects are applying to be sent over for the like Relief, which by the great Expence of Your Petitioners they are not at present Enable to do.
Your Petitioners therefore Pray that the great Usefulness of their Trust may be taken into Consideration by You to Excite a further Allotment to Your Petitioners out of the said Earl of Thanet’s Charity.
And Your Petitioners shall ever pray &c.
Sign’d by order of the said Trustees this 2d. of October 1734.
Benj. Martyn Sectary
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Trustee Petition to the Lord Commissioners of the Treasurey to issue £2561 without the 6 pence in the pound deduction. Oct. 7, 1734. C.O. 5/670, p. 190.
To the Right Honble. the Lords Commissioners of His Majesty’s Treasurey.
May it Please Your Lordships.
The Trustees for Establishing the Colony of Georgia in America Humbly represent to Your Lordships That, pursuant to His Majesty’s Royal Sign Manual the Sum of £2561 is ready to be Issued to the said Trustees without Account for the Uses and Purposes following That is to say.
With respect to the Indian Chiefs & their Attendants lately brought over here | 1061 ______ |
And for and in Consideration of the Service, Charge and Expences which the said Trustees have been at in Building a Fort in Georgia the better to secure the Trade & Commerce of His Majesty’s Subjects there and in the Province of Carolina | 1500 ______ |
And That the Officers of His Majesty’s Receipt of Exchequer will Deduct frm 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 £ 64.0.6. But as the said Sum is Issued to Defray and Reimburse the above Expences which requires the full Amount thereof, and Your Lordships have in the last Issue to the Trustees eased the same from being charged with the said Pound Rate. The Trustees hope your Lordships will in the present Case Remit the said Six pence in the pound, That the said Sum of£ 2561 may be Issued without such Deduction.
Sign’d by Order of the said Trustees this 7th. of October 1734.
Benj. Martyn Sectary
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Trustee Letter of Attorney to Harman Verelst to receive £26000 from the Commissioners of the Treasury. June 18, 1735. C.O. 5/670, p. 191.
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 and 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 Accomptant to be Attorney for us and in Our Name and for Our Use to ask and Receive of the Right Honble. The Lords Commissioners for Executing the Office of Lord High Treasurer of Great Britain or whom else it shall and may concern the Sum of Twenty six Thousand Pounds By Virtue of Her Majesty’s Royal Sign Manual in His Majestys Name to be applied towards Settling and Securing the said Colony of Georgia Pursuant to the Clause for appropriating the Publick Supplies for the Year 1735 and Enabling His Majesty to Issue the said Sum out of the said Supplies or any of them in an Act passed in the last Session of Parliament for Granting an Aid to His Majesty by a Land Tax to be raised in Great Britain for the Service of the Year 1735 And Acquittance or other sufficient Discharge for the same for us and in Our Name to make Seal and Deliver, and to do all other Acts and things whatsoever concerning 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 Common Seal to be affixed this Eighteenth day of June in the Ninth Year of the Reign of Our Sovereign Lord George the Second of Great Britain France and Ireland King Defender of the Faith and so forth and in the Year of Our Lord 1735.
By Order of the said Trustees
Benj Martyn Sectary
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Common Council Instructions to Lt. Hugh Macksy as to Scots Highlanders he is to secure to go to Georgia. July 16, 1735. C.O. 5/670, pp. 192-195.
Instructions for Lieutenant Hugh Mackay.
You are Impowered to Agree with and bring together One Hundred and Ten Freemen and Servants, to which Fifty Women & Children are Allowed.
You are to bring them down to Crommarty34 where a Ship will be prepared to take them on board for Georgia.
Who are to be Provided for in the Passage in the following manner Vizt. In every Week four Beef Days one Pork Day and two Burgou35 Days, and their Allowance served out dayly as follows, That is to say
On the four Beef Days
4 pounds of Beef or every Mess of five heads, and 2 pounds & 1/2 of Flour, & 1/2 a pound of Suet or Plumbs.
5 pounds of Pork & 2 pints & 1/2 of Pease for every 5 heads.
And on the two Burgou Days
5 pints of Pease or Oatmeal Gritts, 1/2 a pound of Butter and a pounds of Cheese for every 5 heads.
The whole at sixteen Ounces to the pound.
And allow each head seven pounds of Bread of fourteen Ounces to the pound by the week.
And three pints of Beer and two Quarts of Water (whereof one of the Quarts for Drinking and the other for boiling Victuals) each head by the day for the Space of a month, and a Gallon of water (whereof two Quarts for Drinking and the other two for boiling Victuals) each head by the day after, during their being on their Passage.
The Heads to be accounted in this manner.
Every Person above the Age of twelve to be accounted a whole head. All Persons of the Age of seven Years and under the Age of twelve Years to be accounted two for one. All Persons above the Age of two Years & under the Age of seven Years to be accounted three for one. And any Person under the Age of two Years is not to be accoted.
And who are to be maintained in Georgia for a Year after their Arrival there in the following manner Vizt. with
12 Bushels of Indian Corn at 56 pounds for each bushel
100 pounds of Meat
30 pounds of Butter To each head
1/4 Cwt. of Cheese
& a Bushel of Salt
And a Cow and Calf and Sow to five heads to be delivered in such proportions, and at such times as the Trust shall think proper.
Each Freeman will have for his use in Georgia a Firelock a broad Sword and an Axe.
And for the Use of every five men there, a brass Kettle a Shovel and Pick Axe will be provided.
And the better Sort of Freemen will be Provided with Targets.36 The Freemen must be of Gentlemen’s familys and of good Reputations, and Industrious, Laborious and Brave; speaking the Highland Language.
And to each Freeman Fifty Acres of Land will be Granted in Tail Male and Descend to the Heirs Male of his Body for ever, and in case of failure of Heirs Male Revert to the Trust, to be Granted again to such Persons as the Common Council of the Trustees shall think most for the Advantage of the Colony. And they will have a special regard to the Daughters of Freeholders, who have made Improvements on their Lots, not already Provided for by having marryed or marrying Persons in Possession or Intitled to Lands in the Province of Georgia in Possession or Remainder.
All Lots are to be preserved separate and undivided and cannot be united In order to keep up a Number of Men equal to the Number of Lots, for the better Defence and Support of the Colony.
No Person can lease out his House or Lot to another without License for that purpose, That the Colony may not be ruined by absentees receiving and spending their Rents elsewhere. Therefore each Man must Cultivate the same by himself or Servants.
And no Person can alienate his Land or any part or any Term Estate or interest therein to any other Person or Persons without special License for that purpose, to prevent the Uniting or Dividing the Lots.
If any of the Land so Granted shall not be Cultivated Planted Cleared Improved or fenced round with a worm fence or Payles [Palings] 6 feet high during the Space of ten Years from the date of the Grant. Then every part thereof not Cultivated Planted Cleared Improved or fenced as aforesaid shall belong to the Trust, the Grant as to such parts shall be void.
There is Reserved for the Support of the Colony a Rent Charge for Ever of Two shillings Sterling Money for each Fifty Acres. The Payment of which is not to Commence until ten Years after the Grant.
And the Reversion or Remainder expectant on the Demise of such Person without Issue Male shall remain to the Trust.
But the Wives of the Freeholders in case they should Survive their Husbands are during their Lives Intitled to the Mansion house and one half of the Lands improved by their Husbands; That is to say Inclosed with a Fence of 6 feet high.
Negroes and Rum are Prohibited to be used in the said Colony and Trade with the Indians, unless Licensed.
To each Man Servant and the Heirs Male of his Body for ever, after the Expiration of his Service; upon a Certificate from his Master of his having served well, will be Granted Twenty Acres of Land under such Rents and Agreements as shall have been then last Granted to any others Men Servants in like Circumstances.
Sign’d by Order of the Common Council of the Trustees for establishing the Colony of Georgia in America this sixteenth Day of July 1735.
Benj Martyn Sectary
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Private Instructions to Lieutenant Hugh Mackay & Mr. George Dunbar.
Mr. Dunbar on his Arrival at Inverness is to Correspond with Lieut. Mackay on all Occasions.
Out of the 110 Men there is to be 10 Servants to be distributed for Encouragements for raising the Men if Occasion shall so require 4 of which 10 are to be for the use of Lieut. Hugh Mackay and to be provided for at the Charge of the Trust as the others are, and the other 6 are to be allotted to Persons according to the Recommendations of the said Lieut. Hugh Mackay and Mr. George Dunbar in proportion to the Numbers that each shall get.
They are to be allowed for the Charges of Raising Marching & maintaining till put on board a Sum not Exceeding 20s. Sterling p head for 100d. men
You are to get thirty Targets at a Sum not exceeding ten shillings each.
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Common Council Grant of 500 acres of land to Lt. Hugh Mackay. July 24, 1735. C.O. 5/670, p. 195.
An Indenture of Grant and Enfeoffment dated the twenty fourth of July 1735 to Hugh Mackay of Westminster in the County of Middlesex Lieutenant in His Majesty’s Service of Five hundred Acres of Land in Georgia and of the same Tenor as the Indenture to James Houstoun Entd. in Page (125)37 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 50 acres of land to William Woodrooffe, July 24, 1735. C.O. 5/670, pp. 195-201.
This Indenture made the twenty fourth day of July in the ninth 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 five Between The Trustees for establishing the Colony of Georgia in America of the one part and William Woodrooffe Citizen and Haberdasher of London of the other part. Whereas the said William Woodrooffe 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 setting and improving the said Province and also in Consideration of the Rents Services and Conditions hereinafter expressed by the said William Woodrooffe his Heirs Executors and Administrators to be paid done performed and executed and also in Consideration of the Sum of Five Shillings by the said William Woodrooffe well and truly paid for the use of the said Trustees the Receipt whereof is hereby 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 William Woodrooffe and to the Heirs Male of his Body lawfully begotten or to be begotten Fifty 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 1732. The said Fifty Acres to be set out limited and bounded in such manner and in such part of the said Province as shall be thought most convenient by such Person or Persons as shall by the said Common Council be for that Purpose authorized and appointed. (Reserved and always excepted out of this Grant in Case the said Fifty Acres shall be set out by the Side of any River Two Hundred Feet of Ground to be measured out in Breadth from the Banks of such River along by the Side thereof 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 Fifty Acres of land to him the said William Woodrooffe and to the Heirs Male of the Body of him the said William Woodrooffe lawfully begotten or to be begotten. Yielding and Paying for such Fifty Acres of Land to the said Trustees for establishing the Colony of Georgia in America and their Successors yearly and every Year for ever a Rent or Sum of Two Shillings of lawful 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 Ninth Day of June 1732 Provided always and these Presents are upon these Conditions That if it shall happen that the said yearly Rent of Two Shillings hereby reserved or any part or parcel thereof shall be behind and unpaid by the Space of Six Calendar months next after any Day of Payment on which the same ought to be paid as aforesaid or if the said William Woodrooffe 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 Or if the said William Woodrooffe or his Heirs Male 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 these Presents in the Common Register of the said Province of Georgia Or if the said William Woodrooffe 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 Fifty 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 the said Fifty Acres of Land and set and plant One Hundred Trees or Plants of the white Mulberry Tree in and upon every Ten Acres of the said Fifty Acres when as the same shall be cleared and cultivated and from time to time sufficiently fence maintain & 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 Fifty Acres with all possible and convenient Care and Speed so that there may always be growing upon every Ten of the said Fifty Acres One Hundred of the said white Mulberry Trees or Plants at the least Or if the said William Woodrooffe 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 Fifty Acres of Land shall at any time Alien Assign or Transfer the said Fifty 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 Authorized and impowered to grant such Licences Or if the said William Woodrooffe 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 Fifty Acres of Land shall at any time without the Leave and Licence of the 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 the Ashes commonly called or known by the Name of Pot Ash Or if the said William Woodrooffe shall dye without Issue Male Or if the Heirs Male of the said William Woodrooffe 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 William Woodrooffe or his Heirs Male shall at any time depart the said Province 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 Authorized and impowered to grant such Licences Or if the said William Woodrooffe 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 Fifty 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 Dominion whatsoever Or shall do or commit any Sodomy Murder Felony Homicide Killing Burglary Rape of Women Unlawful Conspiracy or Confederacy and shall thereof be lawfully Convicted Or if the said William Woodrooffe 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 Fifty 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 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 lawful to and for the said Trustees for establishing the Colony of Georgia in America and their Successors into and upon the said Fifty Acres of Land herby granted to the said William Woodrooffe 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 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 others the Occupiers and Possessors of the said Fifty Acres of Land or of any part or parcel thereof thereout and thenceforth utterly to expell put out & amove and also upon the Entry in any of the Cases beforementioned of such Officer or Officers as shall by the Common Council for the time being be for that purpose Authorized and appointed the Grant hereby made of the said Fifty 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 William Woodrooffe 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 Fifty Acres of Land (not entering into any 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 Pot Ash. And these Pressents further Witness And it is the true Intent and Meaning thereof That if it shall so happen that any part of the said Fifty Acres hereby granted to him the said William Woodrooffe in Tail Male as aforesaid shall not be cultivated planted cleared and improved within the Space of Ten Years as aforesaid That then and in such Case all and every part of such Fifty 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 lawful 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 & 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 and Purposes as the Common Council for the time being of the said Trustees shall think fit and proper. 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 William Woodrooffe his Executors and Administrators That Possession and Seisin of the said Fifty Acres of Land shall be taken and delivered by such Person or Persons as shall by the said Common Council be for that Purpose authorized and appointed to be their true and lawful Attorneys in their Name and Stead into and upon the said Fifty Acres of Land or into and upon any part or parcel thereof (being so set out limited & 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 Name of the whole to the said William Woodrooffe and he the said William Woodrooffe to leave in quiet and peaceable Possession thereof according to the true Intent and Meaning of these Present. And the said William Woodrooffe for himself his Heirs Executors Administrators and Assigns and for every of them doth 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 he the said William Woodrooffe shall and will within the Space of Twelve months to be computed from the day of the date of these Presents go to the said Province of Georgia and will 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 these Presents in the Common Register of the said Province of Georgia. And further that he the said William Woodrooffe his Heirs Executors Administrators and Assigns or some of them shall and will yearly and every Year well and truly pay or cause to be paid unto the said Trustees for establishing the Colony of Georgia in America and their Successors the said yearly Rent or Sum of Two Shillings of lawfull Money of Great Britain in such manner as the same is herein before reserved and made payable. 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 and the said William Woodrooffe hath set his hand and Seal to another part thereof remaining with the said Trustees the Day and Year first above written.
Indorsed on the back.
Memorandum
That on the Day of in the 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 173 quiet and peaceable Possession and Seisin of the said Fifty Acres of Land within Granted was had and 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 William Woodrooffe To hold to him the said William Woodrooffe and his Heirs Male upon the Conditions & according to the Force and true Meaning of this Deed within written. In the Presence of
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Common Council Grant of 50 acres of land to Mary Pember and Edward Seymour. Aug. 13, 1735. C.O. 5/670, pp. 201-207.
This Indenture made the Thirteenth Day of August in the Ninth Year of the Rein 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 five Between the Trustees for establishing the Colony of Georgia in America of the one part and Mary Pember Widow of Herbert Pember late Attorney General of Antiqua & Edward Seymour her Cousin of the other part. Whereas the said Mary Pember and Edward Seymour do 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 them for the respective Estates hereinafter mentioned. [Here the wording is the same as the grant to William Woodrooffe beginning on p. 144, line 33, and continuing through p. 145, line 20.] To have and to hold the said Fifty Acres of Land to her the said Mary Pember for and during the Term of her Natural Life and after her Decease to be and enure [succeed] to the Use and Behoof of the said Edward Seymour and to the Heirs Male of the Body of him the said Edward Seymour lawfully begotten or to be begotten. Yeilding and Paying for such Fifty Acres of Land to the said Trustees for establishing the Colony of Georgia in America and their Successors yearly and every Year for ever a Rent or Sum of Two 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 Ninth day of June 1732. Provided always and these Presents are upon these Conditions That if it shall happen that the said yearly Rent of Two shillings hereby reserved or any part or parcel thereof shall be behind and unpaid by the Space of Six Calendar months next after any Day of Payment on which the same ought to be paid as aforesaid Or if the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of & entitled to the said Fifty Acres of Land 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 Or if the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of and intitled to the said Fifty Acres of land [Here the wording is the same as the grant to William Woodrooffe beginning on p. 145, line 39, and continuing through p. 146, line 25.] Or if the Estate hereby granted to the said Mary Pember and Edward Seymour as aforesaid shall cease and determine Or if the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of and intitled to the said Fifty Acres of Land shall at any time depart the said Province [Here the wording is the same as the grant to William Woodrooffe beginning on p. 146, line 29, and continuing through p. 148, line 9.] to the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of and intitled to the said Fifty Acres of Land and She the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of and intitled to the said Fifty Acres of Land to leave in quiet and peaceable Possession thereof according to the true Intent and Meaning of these Presents. And the said Mary Pember and Edward Seymour for themselves severally and for their several Heirs Executors and Administrators and for every of them 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 She the said Mary Pember or such other Person as shall by Virtue of these Presents and of the Grant hereby made from time to time become possessed of and intitled to the said Fifty Acres of Land shall and will within the Space of Twelve months [Here the wording is the same as the grant to William Woodrooffe beginning on p. 148, line 17, and continuing through p. 148, line 45.]
in pursuance of the said Authority unto the within named Mary Pember to hold to her the said Mary Pember for and during the Term of her Natural Life and the Reversion hereof after her decease to be held as within mentioned upon the Conditions and according to the Force and true meaning of this Deed within written in the Presence of
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Trustee Petition to the Queen for cannon for use in Georgia. July 30, 1735. C.O. 5/670, pp. 207-208.
To the Queens most Excellent Majesty Guardian of the Kingdom of Great Britain, and His Majesty’s Lieutenant within the same.
In Council.
The Humble Petition of the Trustees for establishing the Colony of Georgia in America.
Most Humbly Sheweth
That the Protection of His Majesty’s Province of Georgia by well Fortifying the same is of the greatest Importance to His Majesty’s other Dominions on the Southern part of America.
That Your Petitioners are now preparing to make a new Settlement for His Majesty’s Service which will stand in great need of Defence.
Your Petitioners therefore most Humbly Pray That Your Majesty will be graciously Pleased to Give Directions for 24 pieces of Cannon from Six pounds to Eighteen pounds with Iron’d Carriages & Shott & Iron for 24 spare Carriages.
4 small long Field Pieces with Carriages.
8 Cohorns & Granadoes.38
500 small arms & Shott Cartouch boxes & Moulds & Flints.
2 Flaggs & 2 Pendants.
50 Barrels of Powder, Spunges, Ladles, Rammers, Crows, &c.
To be delivered to Your Petitioners as soon as possible. And Your Petitioners shall every Pray &c.
Sign’d by Order of the said Trustees the 30th of July 1735.
SEAL Benj. Martyn Sectary.
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Trustee Petition to the Commissioners of the Treasury to ship 1000 pounds of silver coin to Georgia. July 31, 1735. C.O. 5/670, p. 208.
To the Right Honble. the Lords Commissioners of His Majesty’s Treasury.
May it Please Your Lordships.
The Trustees for establishing the Colony of Georgia in America having occasion to make many small Payments for Work on the Roads & Fortifying in Georgia. And as six pences & shillings will be of great use therein.
The said Trustees most Humbly Desire His Majesty’s Licence to Suffer the Sum of one Thousand Pounds in Silver Coin of this Kingdom to be Shipp’d from hence for His Majesty’s Province of Georgia in America.
Sign’d by Order of the said Trustees the 31st. day of July 1735.
Benj. Martyn Sectary.
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Trustee instructions to Capt. George Dunbar for his voyage to Scotland and Georgia. Aug. 23, 1735. C.O. 5/670, pp. 209-212.
Instructions from the Trustees for Establishing the Colony of Georgia in America for Capt. George Dunbar in his Voyage to Scotland and Georgia.
You are to take in at Tilbury39 Fort four Cases of Arms marked G x CS No. 21 to 24 containing one hundred, all in List Cases. They are to be there on Friday the 22d. of August 1735.
When the Ship sails from Gravesend You are to send Advice thereof to the Trust.
You are to call in Leith Road40 to give Notice to the proper People at Edinburgh of Your Arrival and desire their Assistance, and then to proceed with the utmost Diligence to Crommarty41 or Inverness.
You are to take in One hundred and thirty heads of Passengers at Crommarty or Inverness as soon as You can get them.
You are to give Lieutenant Hugh Mackay Notice of Your Arrival and to take in the Men with the Women and Children that he shall bring down; and to make up the above mentioned Number in such manner as You are directed by your other Instructions.
In case that all the People that Lieutenant Hugh Mackay and Your Self can get will not Compleat Your Number You are to Sail for Georgia with those that You have before the Season of the Year makes the Scotch Seas dangerous.
You are to desire Mr. John Hossack one of the Bailiffs of Inverness to come on board the Ship; And in the Cabbin to have each single Man or Family brought before him; And You are to cause the Name of each to be Enter’d in a List of the whole Single Men distinct and Familys distinct; with the Ages of each and Numbers of Persons in each family; and the heads of Freight that each family make; The Business each Man professes, and where he was born.
Each Person of twelve Years of Age & upwards is a whole head.
Each Person of seven Years of Age & under twelve Years of Age is computed two to a head.
Each Person of Two Years of Age and under seven Years of Age is computed three to a head.
And Each Person under the Age of Two Years is not to be Computed for Freight, but only Number’d in the Number of Persons.
Which List You are to desire Mr. John Hossack to sign and testify; That the Ages Names and Numbers of Persons are truely Enter’d according to Examination before him; And that they are all on board. And which You are to send by the Post to the Trustees, keeping a copy thereof Your Self.
You are to acquaint the Trust of the day all the Passengers come on board at Crommarty or Inverness at which time the extraordinary Charge for the Ship ceases.
The Bedding Canvas and Blanketting on board is to be delivered only to those who have no Bedding of their own, and the residue You must be Accomptable for in Georgia to Mr. Causton in Mr. Oglethorpe’s Absence.
You may use Gun Powder on board for the Passengers not exceeding 25 pounds as also 50 pounds of Bullets for shooting at Marks.
Every Day that the Weather permits You are to Order the Passengers up upon Deck and Cause them to clean their Cabbins for the Preservation of their health and for that purpose the Vinegar on board is for sprinkling between Decks.
And the Box of Medicines and 2 Stone Bottles of Theracle42 are for Use in the Voyage.
And what is left of either You must be Accomptable for in Georgia as aforesaid.
You are to get 200d. Yards of bright Colourd Plads at Scotland from 12d. to 20d. a Yard, for the use of James Oglethorpe Esqr. to be delivered to him or Mr. Causton for his use.
When in Scotland You are to Inquire in what manner a Trade for Servants from the East Country to Georgia may be carried on, and at what Price they can be delivered in Georgia.
You are to deliver to the Secretary of the Society for promoting Christian Knowledge in the Highlands of Scotland, The Letter sent by the Trust, And to Consult with him when and where You are to take on board the Minister of the Gospel which he pursuant to the Desire of the Trust shall recommend. And You are to take the Minister on board accordingly and to treat him with the utmost Civility during the Voyage, and to accommodate him in the best manner as the nature of a Sea Voyage will allow, and assit him in making the People during their Voyage to behave in a sober and Religious manner.
When You Arrive in Georgia If You meet Captain Gascoigne at Sea in His Majesty’s Man of War the Hawk, who will cruise for to meet You off the River Savannah in case Mr. Oglethorpe is arrived before You in Georgia, which we believe he will be. Then You are to Obey such Orders as Capt. Gascoigne shall Give You.
In case You shall not meet Captain Gascoigne at Sea You are to go into the River Savannah and the Ship, being in Safety, You are either to send or go up to the Town, and cause the Letter to be delivered to Mr. Causton, who will assist in getting Pettiauguas and other Craft.
You are to take such of the Men as Lieutenant Hugh Mackay shall think proper the one half of his own and the other half of the Men raised by Mr. John Cuthbert and put them on board the Craft, and with them go up to Barnwell’s Bluff upon the Alatamaha, where Lieutenant Mackay will stay with them and make Preparations for the Reception of the Remainder of the Familys.
If upon Tryal you find the Ship can go without Danger into the Alatamaha, and that there is not Craft sufficient to carry up the People and Goods You are then to carry the Ship into the Alatamaha for the more commodious Landing of the Remainder of the Passengers and Goods.
If Mr. Oglethorpe should not be arrived; and You find that You can gett the Ship into the River Alatamaha so as to make the Carriage of them up convenient You are to deliver to the care of Lieutenant Hugh Mackay four pieces of Cannon for the new Settlement taking his Certificate of the Delivery thereof.
You are to deliver all the Goods on board on the Trust Account to Lieutenant Hugh Mackay upon his Giving You a Certificate of his receiving the said Goods consign’d by the Bill of Lading to Mr. Thomas Causton for the use of James Oglethorpe Esqr. at the new Town; And by that Certificate r. Causton has Instructions to discharge the Bill of Lading.
What Ship Provisions are left You may deliver to the care of Lieutenant Hugh Mackay upon his Certificate for the several Quantitys and Species so delivered, which with his Certificate for the Cannon delivered You are to Give to Mr. Causton, and take his Receipt for the same to Intitle Your owner to Payment.
Georgia Office | Harman Verelst Accotant. |
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Common Council Lease of 10,000 acres of land to John Brownfield, Samuel Perkins, and Thomas Procter. Sept. 2, 1735. C.O. 5/670, pp. 212-213.
This Indenture made the Second Day of September in the Ninth 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 Fatih and so forth And in the Year of our Lord One Thousand Seven Hundred and Thirty five Between the Trustees for Establishing the Colony of Georgia in America of the one part and John Brownfield Samuel Perkins and Thomas Procter 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 John Brownfield Samuel Perkins and Thomas Procter or one of them at on or before the Ensealing and Delivery of these Presents the Receipt whereof they do hereby acknowledge and for divers other good Causes and Considerations them hereunto moving have given granted bargained and sold and by these Presents do give grant bargain and sell unto the said John Brownfield Samuel Perkins and Thomas Procter All those Ten Thousand Acres of Land lying and being in the Province of Georgia in America part and parcel of the Lands which His Majesty by His Royal Charter bearing Date the Ninth day of June in the Year of our Lord One Thousand Seven Hundred and Thirty two 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 Ten Thousand Acres of Land unto the said John Brownfield Samuel Perkins and Thomas Procter and the Survivors and Survivor of them and the Executors & Administrators of such Survivor from the Day of the Date of these Presents unto the full End and Term of one whole Year form thence next ensuing and fully to be 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 and of the Statute of transferring Uses into Possession the said John Brownfield Samuel Perkins and Thomas Procter 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 Brownfield Samuel Perkins and Thomas Procter 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 John Brownfield Samuel Perkins and Thomas Procter 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 America have affixed the Common Seal of the Corporation of the said Trustees the Day and Year first above written.
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Common Council Release of 10,000 acres of land to John Brownfield, Samuel Perkins, and Thomas Procter in trust to make grants to settlers in Georgia. Sept. 3, 1735. C.O. 5/670, pp. 213-217.
This Indenture made the third Day of September in the Ninth 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 five Between the Trustees for establishing the Colony of Georgia in America of the one part & John Brownfield Samuel Perkins and Thomas Procter of the other part. Whereas His Majesty hath been graciously pleased to take into Consideration that many of his poor Subjects and many Foreigners who are willing to become his Subjects are reduced to great Necessities and would gladly be settled in the British Provinces in America where by cultivating the Lands at present waste and desolate they might not only gain a comfortable Subsistance for themselves and Familys but also strengthen His Majesty’s Colonies and encrease the Trade Navigation and Wealth of Great Britain. And Whereas His Majesty hath declared it highly becoming His Crown and Royal Dignity to extend his Fatherly Compassion even to the meanest and most unfortunate of his People and to releive the Wants of his abovementioned poor Subjects and that it will be highly Conducive for the accomplishing these Ends that another Colony of the said Poor People be settled & established towards the Southern Frontiers of the Province of Georgia. And Whereas His Majesty for the more orderly carrying on the said good Purposes Hath by His Royal Charter bearing Date the Ninth Day of June in the Year of our Lord One Thousand Seven Hundred and Thirty two constituted a Body Politick and Corporate by the Name of the Trustees for Establishing the Colony of Georgia in America and hath granted unto the said Trustees and their Successors for ever certain Lands and Territories in America In Trust for establishing the said Colony and hath erected the same into an Independant Province by the Name of Georgia. And Whereas divers poor Persons hath represented to the Common Council of the Corporation of the said Trustees that through Misfortunes and Want of Employment they are reduced to great Necessities insomuch that by their Labour they are not able to provide a Maintenance for themselves and Families and if they had means to defray the Charge of Passage and other Expences incident to New Settlements they would be glad to be settled in Georgia aforesaid. And Whereas the said Common Council taking into Consideration the Requests and Desires of the said poor Persons have resolved with all convenient Speed to send such and so many of them as by and with the Charitable Contributions of well disposed Persons by them already received they shall be enabled to convey settle and establish in the said Province of Georiga. Now this Indenture witnesseth That in pursuance of the Execution of the Trust in them the said Trustees by His Majesty most graciously reposed and to the intent that such Persons who shall now and such others as shall hereafter go to reside & inhabit in the said Province may have and enjoy to them and their Heirs Male a fit and sufficient Quantity of Land whereby they may maintain and provide for themselves and Families. They the said Trustees for Establishing the Colony of Georgia in America for themselves and their Successors Have Granted released and confirmed and by these Presents Do Grant release and confirm to them the said John Brownfield Samuel Perkins and Thomas Procter (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 paid to the said Trustees and by force of the Statute for transferring Uses into Possession) and to their Heirs and to the Heirs of the Survivor of them Ten Thousand Acres of Land lying and being in the Province of Georgia in America part and 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 in the Year of our Lord One Thousand Seven Hundred and Thirty two. The said Ten Thousand Acres of Land to be set out limited divided 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. To have and to hold the said Ten Thousand Acres of Land to them the said John Brownfield Samuel Perkins and Thomas Procter & their Heirs and to the Heirs of the Survivor of them To such Uses intents and purposes and subject to such Powers and under such Provisoes Limitations and Agreements as are hereinafter limited declared and expressed (that is to say). To the intent and purpose that they the said John Brownfield Samuel Perkins and Thomas Procter and the Survivors or Survivor of them and the Heirs of such Survivor shall from time to time as Occasion shall require grant assign and transfer to Every man of the Age of Twenty one Years or upwards being Protestants who within the Space of Two Years 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 John Brownfield Samuel Perkins and Thomas Procter or the Survivors or Survivor of them or the Heirs of such Survivor his Desire to have Lands granted to him a certain Number of Acres not exceeding Fifty to every such Man To have and to hold to him and his Heirs Male upon the Terms and subject to the Reservations Conditions Provisoes and Limitations hereinafter limited declared and expressed of and 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 said Province of Georgia for and during the Term of Three Years from & after the Day on which he or they shall request and desire such Grant to him or them to be made and shall not cultivate such Lands as shall be allotted and given him or them by all such ways and means as according to their several Abilities & Skill he or they shall be best able and 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 and obtained under the Hand and Seal of such Officer or Officers as shall by the said Common Council be authorized and impowered 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 said 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 and Licence of the Common Council of the said Corporation for the time being or of such Officer or Officers as shall by the said Common Council be authorized and impowered to grant such Licences That then and from thenceforth in any or either of these 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 Lands hereby intended to be granted as aforesd. or into 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 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 aforesaid and all other the Occupiers and Possessors of the said Lands or of any part thereof thereout and from thenceforth utterly to expell put out and amove and also that upon such Entry by such Officer or Officers as shall by the said Common Council for the time being be for that purpose authorized and appointed such Grant or Grants shall respectively cease determine and become void. This Indenture or the said Indentures of Grant so to be made as aforesaid or any thing herein contained to the contrary thereof in any wise notwithstanding and also on this further Condition That if any of the said 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 and in such Case all and every part or parcel 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 and the Grant or Grants of such Lands as to such parts or parcels thereof shall cease determine and be void and shall be granted and disposed of in such manner and to such Persons as the said 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 said Lands which shall be so granted the Payment of which said Rent not to commence or be made until Ten Years after the making such Grant and to be paid to such Person and 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 & their Intent and Meaning is that the same shall be & remain to the said Trustees for Establishing the Colony of Georgia in America and their Successors and to and for their Use and Behoof and for none other Use whatsoever. And the said John Brownfield Samuel Perkins and Thomas Procter by these Presents for themselves severally and respectively and for their several and respective Heirs Executors & Administrators and 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 said Trustees for establishing the Colony of Georgia in America and their Successors That they and every of them will form time to time according to the best of their Skill and Knowledge duly and faithfully execute the Trust hereby in them reposed and shall and will at all times obey and perform all such Orders and Directions as shall from time to time be given them by the said Common Council for that purpose be authorized and impowered 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 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 and the said John Brownfield Samuel Perkins and Thomas Procter have severally set their Hands and 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 Power to James Oglethorpe to set out 10,000 acres of land to John Brownfield, Samuel Perkins, and Thomas Procter. Sept. 3, 1735. C.O. 5/670, p. 218.
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 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 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 and bound Ten Thousand Acres of Land in the said Province of Georgia in America (Granted by the said Trustees by several Indentures of Lease and Release bearing Dates the Second and Third Days of September One Thousand Seven Hundred and Thirty five respectively to John Brownfield Samuel Perkins and Thomas Procter for the Uses and Purposes therein mentioned) in such manner and such part or parts of the said Province as He shall Judge most proper and convenient for the settling and Establishing a 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 Third day of September in the Ninth 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 five.
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Common Council Grant of 500 acres of land to Thomas Baillie. Sept. 3, 1735. C.O. 5/670, p. 219.
Grant and Enfeoffment (with Livery & Seisin Indorsed) made the third of September 1735 to Thomas Baillie of Orkney in Scotland Gentleman of Five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Enter’d in Page (125)43 with the following Additional Covenant That in Case he shall dye without Issue Male of his Body the said 500d. Acres to be Granted to Alexander Baillie his Brother & the Heirs Male of his Body and in Case of his Death without Issue Male of his Body the said 500d. Acres to be Granted to Robert Baillie his Brother & the Heirs Male of his Body as by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to George Dunbar. Sept. 3, 1735. C.O. 5/670, p. 219.
Grant and Enfeoffment (with Livery & Seisin Indorsed) made the third of September 1735 to George Dunbar of the County of Inverness Gentleman of Five hundred Acres of Land in Georgia of the same Tenor as the above (except the Rent 50s. a year instead of 5) with the following additional Covenant, That in Case he shall dye without Issue Male of his Body the said 500d. Acres to be Granted to William Dunbar his Brother & the Heirs Male of his Body As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to John Cuthbert. Sept. 3, 1735. C.O. 5/670, p. 219.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the third of September 1735 to John Cuthbert of Drackies in the County of Inverness Gentleman of Five hundred Acres of Land in Georgia of the same Tenor as the above and with the following Additional Covenant That in Case he shall dye without Issue Male of his Body the said 500d. Acres to be Granted to James Cuthbert of Inverness Merchant, and the Heirs Male of his Body As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Patrick Mackay. Sept. 3, 1735. C.O. 5/670, p. 220.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 3d. of September 1735 to Patrick Mackay of Cyder Hall in the County of Sutherland Esqr. of Five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Enter’d in Page (125)44 Except the Rent being 50s. with the following Additional Covenant That in Case he shall dye without Issue Male of his Body, the said 500d. Acres to be Granted to Catherine Mackay his Daughter and the Heirs Male of her Body, As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to John Mackay. Sept. 3, 1735. C.O. 5/670, p. 220.
Grant and Enfeoffment (with Livery and Seisin indorsed) made the 3d. of September 1735 to John Mackay in the County of Sutherland Gentleman of Five hundred Acres of Land in Georgia of the same Tenor as above But without any additional Covenant; As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Power to James Oglethorpe to direct the granting of land by John Brownfield, Samuel Perkins, and Thomas Procter. Sept. 3, 1735. C.O. 5/670, pp. 221-222.
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 Third Day of September One Thousand Seven Hundred and Thirty five and made between the said Trustees for Establishing the Colony of Georgia in America of the one part and John Brownfield Samuel Perkins and Thomas Procter of the other part The said John Brownfield Samuel Perkins and Thomas Procter for themselves severally & respectively and for their several and respective Heirs Executors & Admrs. 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 duly and 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 authorized 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 hereby in them reposed. Now Know Ye that We have authorized and appointed 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 & appoint him the said James Oglethorpe from time to time during such time as he the said James Oglethorpe shall be in the said 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 and touching the Execution of the Trust in and by the said Indenture in them the said John Brownfield Samuel Perkins and Thomas Procter reposed) to them the said John Brownfield Samuel Perkins and Thomas Procter as he the said James Oglethorpe shall Judge fit and necessary. And We do further by these Presents strictly enjoyn & require them the said John Brownfield Samuel Perkins & Thomas Procter duly and 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 John Brownfield Samuel Perkins and Thomas Procter 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 Third Day of September in the Ninth 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 five.
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Common Council License to James Oglethorpe to grant licenses to people to leave Georgia. Sept. 3, 1735. C.O. 5/670, p. 222.
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 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 authorize 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 or in any of the British Colonies adjoyning to the said Province to grant to such Person or Persons for such times and on such Occasions as he shall Judge fit and proper Leave & Licence in Writing under his hand and Seal to depart or pass out of the said Province of Georgia and such Person or Persons so licensed 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 Corporation of the said Trustees the Third Day of September in the Ninth 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 five.
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Trustee Power to James Oglethorpe to appoint militia officers in Georgia. Sept. 3, 1735. C.O. 5/670, p. 223.
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 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 and meer motion Granted and ordained for himself & his Successors That the Corporation of the said Trustees should have full power by any Commander or other Officer or Offices by them for that purpose from time to time appointed to Train Instruct Exercise and Govern a Militia for the special Defence and Safety of the said Colony to assemble in Martial Array and put in Warlike posture the Inhabitants of the said Colony and to lead & Conduct them and with them to Encounter Expulse Repell Resist and pursue by force of Armes as well by Sea as by Land within or without the Limits of the said Colony and also to kill slay destroy and conquer by all fitting ways Enterprizes and means whatsoever all and 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 said Colony. Now Know Ye that We the said Trustees for Establishing the Colony of Georgia in America Have nominated authorized and impowered and by these Presents Do nominate authorize and impower James Oglethorpe of West Brook Place in the County of Surry Esqr. our lawful Attorney for Us and in our Names and Stead from time to time during such time as he the said James Oglethorpe shall be in the Province of Georgia to Constitute and appoint by Writing under his hand and Seal such Commander or other Officer or Officers as he shall find necessary and think most proper & fit to Train Instruct Exercise and Govern a Militia for the special Defence and Safety of the said Colony to assemble in Martial Array and put in Warlike posture the Inhabitants of the said Colony and to lead and Conduct them and with them to Encounter Expulse Repell Resist and pursue by force of Armes as well by Sea as by Land within or without the Limits of the said Colony and also to kill slay destroy and conquer by all fitting Ways Enterprizes and means whatsoever all and every such Person and Persons as shall at any time hereafter in an Hostile manner attempt or Enterprize the Destruction Invasion Detriment or Annoyance of the said Colony. In Witness whereof the said Trustees have to these Presents affixed their Common Seal this Third Day of September One Thousand Seven Hundred and Thirty five.
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Common Council Appointment of Thomas Causton as First Bailiff of Savannah in the room of Peter Gordon, removed. Sept. 24, 1735. C.O. 5/670, p. 224.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America send Greeting. Know Ye that We Have removed and displaced and Do hereby remove and displace Peter Gordon from the Office of first Bailiff of the Town of Savannah and the Precincts thereof in Georgia aforesaid and Have nominated constituted and appointed and by these Presents in the Room and Stead of him the said Peter Gordon Do nominate constitute and appoint Thomas Causton to be the first Bailiff of the said Town and Precincts thereof. To have and to hold the said Office of first Bailiff together with all Powers Authorities and Jurisdictions thereunto belonging for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Thomas Causton shall be nominated and appointed to the said Office. And We do hereby authorize and direct the Recorder 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 (Entituled an Act for the further Security of His Majesty’s 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 & secret Abettors) and also the Oath of Office to him the said Thomas Causton and to enter the same 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 Twenty fourth Day of September in the Ninth 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 & Thirty five.
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Common Council Appointment of Henry Parker as Second Bailiff of Savannah. Sept. 24, 1735. C.O. 5/670, p. 225.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in Amrica send Greeting. Whereas Thomas Causton is appointed first Bailiff of the Town of Savannah and the Precincts thereof in Georgia aforesaid in the Room and Stead of Peter Gordon removed from the said Office Know Ye that We have nominated constituted & appointed and by these Presents in the Room and Stead of him the said Thomas Causton Do nominate constitute and appoint Henry Parker to be the second Bailiff of the said Town and Precincts thereof To have and to hold the said Office of second Bailiff together with all Powers Authorities and Jurisdictions thereunto belonging for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Henry Parker shall be nominated and appointed to the said Office. And We do hereby authorize and direct the Recorder of the said Town 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 (Entituled an Act for the further Security of His Majesty’s Person & 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 & secret Abettors) and also the Oath of Office unto him the said Henry Parker and to enter the same 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 Twenty fourth Day of September in the Ninth 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 & Thirty five.
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Common Council Appointment of Henry Dearne as Third Bailiff of Savannah. Sept. 24, 1735. C.O. 5/670, p. 226.
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 Henry Parker is appointed second Bailiff of the Town of Savannah and the Precincts thereof in Georgia aforesaid in the Room and Stead of Thomas Causton who is appointed first Bailiff. Know Ye that We Have nominated constituted & appointed and by these Presents in the Room and Stead of him the said Henry Parker Do nominate constitute and appoint John Dearne to be the third Bailiff of the said Town & Precincts thereof To have and to hold the said Office of third Bailiff together with all Powers Authorities & Jurisdictions thereunto belonging for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said John Dearne shall be nominated and appointed to the said Office. And We do hereby authorize and direct the Recorder 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 (Entituled an Act for the further Security of his Majesty’s 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 and secret Abettors) and also the Oath of Office unto him the said John Dearne and to enter the same 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 Twenty fourth Day of September in the ninth 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 five.
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Common Council Release of 10,000 acres of land for one year to Thomas Causton, Henry Parker, John Dearne, and Thomas Christie. Sept. 23, 1735. C.O. 5/670, pp. 227-228.
This Indenture Made the Twenty third day of September in the Ninth 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 & so forth And in the Year of our Lord One Thousand Seven Hundred & Thirty five Between the Trustees for Establishing the Colony of Georgia in America of the one part and Thomas Causton first Bailiff Henry Parker second Bailiff John Dearne third Bailiff and Thomas Christie Recorder of Savannah in Georgia of the other part. Witnesseth that the said Trustees in Consideration of the Sum of Five Shilling of lawfull Money of Great Britain to them or one of them in hand paid by the said Thomas Causton Henry Parker John Dearne and Thomas Christie 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 and Considerations them hereunto moving have given granted bargained and sold and by these Presents do give grant bargain and sell unto the said Thomas Causton Henry Parker John Dearne and Thomas Christie All those Ten Thousand Acres of Land lying & being in the Province of Georgia in America part and parcel of the Lands which His Majesty by His Royal Charter bearing Date the Ninth Day of June in the Year of our Lord One Thousnd Seven Hundred and Thirty two 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 Ten Thousand Acres of Land unto the said Thomas Causton Henry Parker John Dearne and Thomas Christie 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 and Term of one whole Year from thence next ensuing and fully to be compleat & 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 and of the Statute of transferring Uses into Possession the said Thomas Causton Henry Parker John Dearne and Thomas Christie 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 Thomas Causton Henry Parker John Dearne and Thomas Christie 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 Causton Henry Parker John Dearne and Thomas Christie 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 America have affixed the Common Seal of the Corporation of the said Trustees the Day and Year first above written.
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Common Council Release to Thomas Causton, Henry Parker, John Dearne, and Thomas Christie of 10,000 acres of land to be granted to Georgia settlers. Sept. 24, 1735. C.O. 5/670, pp. 228-233.
This Indenture Made the Twenty fourth Day of September in the Ninth 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 & Thirty five Between the Trustees for Establishing the Colony of Georgia in America of the one part and Thomas Causton first Bailiff Henry Parker second Bailiff John Dearne third Bailiff and Thomas Christie Recorder of Savannah in Georgia of the other part. Whereas by Indenture of Release bearing Date the Twenty Sixth Day of October 1732 and made between the said Trustees of the one part and Thomas Christie Joseph Hughes and William Calvert of London Labourers of the other part Five Thousand Acres of Land in the Province of Georgia aforesaid was Granted Released and Confirmed to them and their Heirs and to the Heirs of the Survivor of them to the Intent and Purpose that they and the Survivors or Survivor of them and the Heirs of such Survivor should from time to time as Occasion should require Grant Assign and Transfer to every Man of the Age of Twenty one Years or upwards who within the Space of Twelve months from the Date thereof should arrive in the said Province of Georgia with a Design to settle and inhabit there and should signify his Desire to have Lands granted to him a certain Number of Acres not exceeding Fifty to every such Man. And Whereas by another Indenture of Release bearing Date the Eleventh Day of June 1733 & made between the said Trustees of the one part and John Barnes Henry Parker and Joshua Sacheverel of London Labourers of the other part Two Thousand Eight Hundred Acres of Land in the said Province was Granted Released and Confirmed to the like Intent and purpose excepting only the Number of Acres to be granted to every such Man being reduced to Forty. And Whereas by another Indenture of Release bearing Date the Eighteenth Day of October 1733 and made between the said Trustees of the one part and John Ambrose Isaac King Clark & Arthur Ogle Edgecombe of London Labourers of the other part Two Thousand Eight Hundred Acres of Land in the said Province was Granted Released and Confirmed to the like Intent and Purpose. And Whereas another Indenture of Release bearing Date the same day and made between the said Trustees of the one part and George Buckman of Leightenberg Farmer Christopher Ortman of Redriff Schoolmaster and William Sale of London Merchant of the other part Two Thousand Five Hundred Acres of Land in the said Province was Granted Released and Confirmed to the Intent and purpose to Grant to every Man Saltzburgher who within Twelve months from the date thereof should arrive in the said Province a certain Number of Acres not exceeding Fifty to every such Man. And Whereas by another Indenture of Release bearing date the Sixteenth Day of October 1734 and made between the said Trustees of the one part and Peter Gordon first Bailiff Thomas Causton second Bailiff Henry Parker third Bailiff and Thomas Christie Recorder of Savannah in Georgia of the other part Two Thousand Five Hundred Acres of Land in the said Province was Granted Released and Confirmed to the like Intent and Purpose. And Whereas no lands have been Conveyed in pursuance of the two beforementioned Indentures of Release dated the Eleventh of June and Eighteenth of October 1733 and thereby the said several Trusts have never been executed. And Whereas only part of the Lands have been Conveyed in pursuance of the three other beforementioned Indentures of Release or some of them within the respective times severally limitted in the said Indentures for Conveying thereof. And it being necessary that every Freeman of the Age of Twenty one Years or upwards now in the Province of Georgia aforesaid who is desirous to have Lands granted to him should have a certain Number of Acres not exceeding Fifty to every such Man Conveyed and Assured to him and the Heirs Male of his Body and that every Man of the said Age being a Protestant who within the Space of Two Years from the date hereof shall arrive in the said Province of Georgia with a Design to settle and inhabit there should have the like Number of Acres Granted to him. Now this Indenture Witnesseth that in pursuance of the Execution of the Trust in the Trustees for Establishing the Colony of Georgia in America by His Majesty most graciously reposed and to the Intent that such Persons who are resident & Inhabitants in the said Province and such others as shall hereafter go to reside and inhabit there may have and enjoy to them and the Heirs Male of their Bodys a fit & sufficient Quantity of Land whereby they may maintain & provide for themselves & Families They the said Trustees for Establishing the Colony of Georgia in America for themselves and their Successors Have Granted Released & Confirmed And by these Presents Do Grant Release and Confirm to them the said Thomas Causton Henry Parker John Dearne and Thomas Christie (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 paid to the said Trustees and by force of the Statute for transferring Uses into Possession) and to their Heirs and to the Heirs of the Survivor of them Ten Thousand Acres of Land lying and 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 in the Year of our Lord 1732. The said Ten Thousand Acres of Land to be set out limited divided 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. To have and to hold the said Ten Thousand Acres of Land to them the said Thomas Causton Henry Parker John Dearne and Thomas Christie and their Heirs and to the Heirs of the Survivor of them To such Uses intents and purposes and subject to such Powers and under such Provisoes Limitations and Agreements as are hereinafter limitted declared and expressed (that is to say) To the intent and purpose that they the said Thomas Causton Henry Parker John Dearne and Thomas Christie and the Survivors or Survivor of them and the Heirs of such Survivor shall from time to time as Occasion shall require grant assign and transfer to every Man of the Age of Twenty one Years or upwards being Protestants who within the Space of Two Years from the Date hereof shall arrive in the said Province of Georgia with a Design to settle and inhabit there and shall signify to then the said Thomas Causton Henry Parker John Dearne and Thomas Christie or the Survivors or Survivor of them or the Heirs of such Survivor his Desire to have Lands granted to him a certain Number of Acres not exceeding Fifty to every such Man To have and to hold to him and his Heirs Male upon the Terms and Subjects to the Reservations Conditions Provisoes and Limitations hereinafter limited declared and expressed of and 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 said Province of Georgia for and during the Term of Three Years from and after the Day on which he or they shall request and desire such Grant to him or them to be made and shall not cultivate such Lands as shall be allotted and given him or them by all such ways & means as according to their several Abilities and Skill he or they shall be best able and capable or if any such Person or Person shall depart or pass out of the Limits of the said Province of Georgia without Licence in Writing first had and obtained under the hand and Seal of such Officer or Officers as shall by the said Common Council be authorized and impowered 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 said 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 and Licence of the Common Council of the said Corporation for the time being or of such Officer or Officers as shall by the said Common Council be authorized and impowered to grant such Licences That then and from thenceforth in any or either of these Cases it shall and may be lawful to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon the said Lands hereby intended to be granted as aforesaid or into 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 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 aforesaid and all other the Occupiers and Possessors of the said Lands or of any part thereof thereout and from thenceforth utterly to expell put out and amove and also that upon such Entry by such Officer or Officers as shall by the said Common Council from the time being be for that purpose authorized & appointed such Grant or Grants shall respectively cease determine and become void. This Indenture or the said Indentures of Grant so to be made as aforesaid or any thing herein contained to the contrary thereof in any wise notwithstanding and also on this further Condition That if any of the said 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 and in such Case all and every part or parcel 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 and their Successors and the Grant or Grants of such Lands as to such parts or parcels thereof shall cease determine and be void and shall be granted and disposed of in such manner and to such Persons as the said 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 said Lands which shall be so granted the Payment of which said Rent not to commence or be made until Ten Years after the making such Grant and to be paid to such Person and 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 and Meaning is that the same shall be and remain to the said Trustees for Establishing the Colony of Georgia in America and their Successors and to and for their Use and behoof and for none other Use whatsoever. And the said Thomas Causton Henry Parker John Dearne and Thomas Christie by these Presents for themselves severally and respectively and for their several and respective Heirs Executors and Administrators and 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 said 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 & Knowledge duly and faithfully execute the Trust hereby in them reposed and shall and will at all times Obey and perform all such Orders and 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 and impowered 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 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 and the said Thomas Causton Henry Parker John Dearne and Thomas Christie 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 Authorization to James Oglethorpe to set out 10,000 acres of land released to Thomas Causton, Henry Parker, John Dearne, and Thomas Christie. Sept. 24, 1735. C.O. 5/670, pp. 233-234.
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 & impowered James Oglethorpe of West Brook Place in the County of Surry Esqr. one of the said Common Council for the said Trustees and by these Presents Do authorize & 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 and bound Ten 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 Third and Twenty Fourth Days of September One Thousand Seven Hundred and Thirty five respectively to Thomas Causton first Bailiff Henry Parker second Bailiff John Dearne third Bailiff and Thomas Christie Recorder of Savannah in Georgia for the Uses and Purposes therein mentioned) in such manner and in such part or parts of the said Province as He shall Judge most proper and convenient for the settling and Establishing a 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 Twenty fourth Day of September in the Ninth 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 five.
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Common Council Power to James Oglethorpe to direct the granting of land by Thomas Causton, Henry Parker, John Dearne, and Thomas Christie. Sept. 24, 1735. C.O. 5/670, pp. 234-235.
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 Twenty fourth Day of September One Thousand Seven Hundred and Thirty five and made between the said Trustees for Establishing the Colony of Georgia in America of the one part and Thomas Causton first Bailiff Henry Parker second Bailiff John Dearne third Bailiff and Thomas Christie Recorder of Savannah in Georgia of the other part. The said Thomas Causton Henry Parker John Dearne and Thomas Christie 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 & agreed to and with the said Trustees for Establishing the Colony of Georgia in America and their Successors That they & every of them would from time to time according to the best of their Skill and Knowledge duly and 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 authorized and appointed touching the Granting and Disposing of certain Lands & 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 authorized and appointed 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 and appoint him the said James Oglethorpe from time to time during such time as he the said James Oglethorpe shall be in the said Province of Georgia in America or in any of the British Colonies adjoyning to the said Province to give such Orders and Directions (touching the Granting and Disposing of the said Lands and Premises and touching the Execution of the Trust in and by the said Indenture in them the said Thomas Causton Henry Parker John Dearne and Thomas Christie reposed) to them the said Thomas Causton Henry Parker John Dearne and Thomas Christie as he the said James Oglethorpe shall Judge fit and necessary. Adn We do further by these Presents strictly enjoyn and require them the said Thomas Causton Henry Parker John Dearne and Thomas Christie duly 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 Thomas Causton Henry Parker John Dearne and Thomas Christie 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 Twenty Fourth Day of September in the Ninth 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 five.
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Common Council Appointment of James Oglethorpe as Commissioner to grant licenses to trade with the Indians. Sept. 24, 1735. C.O. 5/670, p. 236.
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 an Act Confirmed Enacted and Ratified by the Kings Most Excellent Majesty in Council the third Day of April 1735 (Intituled an Act for maintaining the Peace with the Indians in the Province of Georgia) It is amongst other things Enacted That the said Common Council for the time being or the Major part of them who shall be present and assembled for that purpose shall and may from time to time as Occasion shall require nominate constitute and appoint one or more Commissioner or Commissioners as to them shall seem proper and convenient for the Licensing Persons to trade with the Indians and for the better regulating such Trade. Know Ye That in pursuance of the said Act We Have nominated constituted and appointed 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 nominate constitute and appoint him the said James Oglethorpe to be Sole Commissioner for the Licensing Persons to Trade with the Indians and for the better regulating such Trade. To have and to hold the said Office of Commissioner together with all Powers Authorities and Jurisdictions thereunto belonging and particularly set forth in the said Act for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said James Oglethorpe shall be nominated constituted and appointed to the said Office. He the said James Oglethorpe conforming himself in all things as the said Act directs. 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 Twenty fourth Day of September in the Ninth 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 five.
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Common Council Appointment of Charles Wesley as Secretary for Indian Affairs. Sept. 24, 1735. C.O. 5/670, pp. 237-238.
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 an Act Confirmed Enacted and Ratified by the King’s Most Excellent Majesty in Council the third day of April 1735 (Intituled an Act for maintaining the Peace with the Indians in the Province of Georgia) It is amongst other things Enacted That the said Common Council for the time being or the Major part of them who shall be present and assembled for that purpose shall and may from time to time as Occasion shall require nominate constitute and appoint one or more Secretary or Secretarys as to them shall seem proper and convenient for the better regulating the Trade with the Indians Know Ye That in pursuance of the said Act We have nominated constituted and appointed and by these Presents Do nominate constitute and appoint Charles Wesley M.A. Student of Christ Church in the University of Oxford to be Secretary for Indian Affairs To have and to hold the said Office of Secretary at such Salary Fee Perquisite or other Reward for the said as shall be directed and appointed by the said Common Council of the said Trustees for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Charles Wesly shall be nominated constituted and appointed to the said Office. And We do hereby authorize and direct the senior Bailiff of the Town of Savannah 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 (Intituled 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 and secret Abettors) and also the Oath of Office (particularly set forth in the said Act) to him the said Charles Wesley and to cause the same to be entered of Record by the Recorder of the said Town who is hereby required to enter the same accordingly. 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 Twenty fourth Day of September in the Ninth 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 five.
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Common Council Appointment of Austin Weddell as Treasurer of funds arising from Indian licenses. Sept. 24, 1735. C.O. 5/670, pp. 238-239.
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 an Act Confirmed Enacted and Ratified by the Kings More Excellent Majesty in Council the third day of April 1735 (Intituled an Act for maintaining the Peace with the Indians in the Province of Georgia) It is amongst other things Enacted That the said Common Council for the time being or the Major part of them who shall be present and assembled for that purpose shall and may from time to time as Occasion shall require nominate constitute and appoint one or more Treasurer or Treasurers as to them shall seem proper and convenient for the better regulating the Trade with the Indians. Know Ye That in pursuance of the said Act We Have nominated constituted and appointed and by these Presents Do nominate constitute and appoint Austin Weddell of the Town of Savannah in the Province of Georgia in America to be Treasurer for receiving all Sums of Money arising by the licensing Persons to trade with the Indians. To have and to hold the said Office of Treasurer at such Salary Perquisite or other Reward for the same as shall be directed and appointed by the said Common Council of the said Trustees for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Austin Weddell shall be nominated constituted and appointed to the said Office. And We do hereby authorize and direct the senior Bailiff of the Town of Savannah 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 (Intituled an Act for the further Security of His Majesty’s 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 and secret Abettors) and also the following Oath of Office to him the said Austin Weddell (that is to say) That he the said Austin Weddell will duly and faithfully execute the office of Treasurer for receiving all Sums of Money arising by the Licensing Persons to Trade with the Indians and that he will faithfully and duly observe and perform all such Orders and Directions as he shall from time to time receive from the Common Council for the time being of the said Trustees for the Paying over the said Sums so received and the Discharge of his Duty in the said Office and to Cause the same to be entered of Record by the Recorder of the said Town who is hereby required to enter the same accordingly. 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 Twenty fourth Day of September in the Ninth 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 One Thousand Seven Hundred and Thirty five.
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Common Council Appointment of Thomas Causton as officer to stave rum in Georgia. Sept. 24, 1735. C.O. 5/670, pp. 239-240.
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 an Act Confirmed Enacted and Ratified by the King Most Excellent Majesty in Council the third day of April 1735 (Intituled an Act to prevent the Importation and Use of Rum and Brandies in the Province of Georgia) It is amongst other things Enacted That from and after the Twenty fourth day of June 1735 all Rum and Brandies Spirits or Strong Waters either mixt or unmixt which shall be Imported or brought into the said Province contrary to the said Act in whose Hands or Custody or in what Place soever they shall be found shall and may be forthwith publickly staved and spilt in the Presence of such Officer as shall for that purpose be appointed by the Common Council of the said Trustees or by the Major part of such of them as shall for that purpose be present and assembled. Know Ye That in pursuance of the said Act We have appointed Thomas Causton Senior Bailiff of the Town of Savannah in the Province of Georgia and in his Absence John Vanderplank Constable of the said Town and by these Presents Do appoint him the said Thomas Causton and in his Absence him the said John Vanderplank to be the Officer in whose presence all Rum and Brandies Spirits or Strong Waters either mixt or unmixt Imported or brought into the said Province contrary to the said Act are to be forthwith publickly staved and spilt. To have and to hold this Appointment for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Thomas Causton and in his Absence of the said John Vanderplank shall be appointed to be the said Officer. And We do hereby strictly enjoyn and require all Persons to be aiding and assisting to the said Thomas Causton and in his Absence to the said John Vanderplank in the putting in Execution of the said Act as they shall answer the Contrary at their Perils. 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 Twenty fourth day of September in the Ninth 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 five.
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Common Council Appointment of the Bailiffs and Recorder of Savannah to grant licenses for retailing wine and beer. Sept. 24, 1735. C.O. 5/670, pp. 241-242.
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 an Act Confirmed Enacted and Ratified by the Kings Most Excellent Majesty in Council the third day of April 1735 (Intituled an Act to prevent the Importation and Use of Rum and Brandies in the Province of Georgia). It is amongst other things Enacted That if any Indian Trader or Traders or any Person or Persons whatsoever shall sell out by Retail any Wine Beer Ale or other Liquors either publickly or privately without first having obtained a Permission or Authority in Writing under the Hands & Seals of such Persons as shall be from time to time appointed by the Common Council of the said Trustees or the Major part of such of them as shall for that purpose be present and assembled for the granting of such Permissions or Authorities such Person or Persons shall respectively forfeit and pay for every such Offence the Sum of Twenty pounds Sterling Money of Great Britain. Know Ye That in pursuance of the said Act We Have appointed The Bailiffs and Recorder for the time being of the Town of Savannah in Georgia and by these Presents Do appoint them the said Bailiffs and Recorder In open Court to Grant Permissions in Writing under their Hands and Seals for the selling out by Retail any Wine Beer Ale or other Liquors to such Person or Persons only as shall be thought proper and fit to be permitted to Retail the same in a quiet and orderly manner. To have and to hold this Appointment for during and until such time only as some other Persons by the Common Council for the time being of the said Trustees in the Room and Stead of the said Bailiffs and Recorder shall be appointed to be the said Persons for Granting Permissions as aforesaid. And We do hereby direct the said Bailiffs and Recorder That if at any time any Person or Persons to whom Permissions shall be granted as aforesaid shall behave in a disorderly manner or give sufficient Cause for the recalling his or their Permissions That then and in such Case they do revoke annul and declare such Permissions to be void as the said Act directs. And further that the said Bailiffs & Recorder do from time to time transmit to Us an Account of all Permissions which shall be Granted in pursuance of this Appointment with the times of Granting them and the Persons Names to whom Granted And of all other their Proceedings under this Appointment. 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 Twenty Fourth Day of September in the Ninth 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 five.
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Common Council Authorization to Constables of Savannah to seize any blacks or Negroes found in Georgia. Sept. 24, 1735. C.O. 5/670, pp. 242-243.
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 an Act Confirmed Enacted and Ratified by the Kings Most Excellent Majesty in Council the third Day of April 1735 (Intituled an Act for rendring the Colony of Georgia more defencible by Prohibiting the Importation and Use of Black Slaves or Negroes into the same) It is amongst other things Enacted That from & after the Twenty fourth Day of June 1735 all and every the Black or Blacks Negroe or Negroes which shall at any time then after be found in the said Province of Georgia or within any part or place thereof in the Custody House or Possession of whomsoever the same may be shall and may be Seized and taken by such Person or Persons as for that purpose shall be authorized and impowered by the said Common Council of the said Trustees or the Major part of them who shall for that purpose be present and assembled. Know Ye That in pursuance of the said Act We Have authorized and impowered and by these Presents Do authorize and impower the Constables for the time being of the Town of Savannah in the said Province of Georgia or any of them to Seize and take all and every the Black or Blacks Negroe or Negroes which shall at any time be found in the said Province of Georgia or within any part or place thereof contrary to the said Act in whose soever Custody House or Possession the same may be to be disposed of as the said Act directs and appoints. And We do hereby strictly Injoyn and Require all Persons to be aiding and assisting to the said Constables for the time being of the Town of Savannah aforesaid in the putting in Execution of the said Act as they shall answer the contrary at their Perils. 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 Amnerica the Twenty Fourth Day of September in the Ninth 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 five.
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Trustee Creation of the Town Court of Frederica. Sept. 26, 1735. C.O. 5/670, pp. 243-246.
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 and Ordained for himself and his Successors that the Corporation of the said Trustees & their Successors should have full Power and Authority to Erect and Constitute Judicatories and Courts of Record or other Courts to be held in the Name of His Majesty His Heirs and Successors for the Hearing and Determining of all manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes and 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 and whether the said Crimes be Capital or not Capital and whether the said Pleas be Real Personal or mixt and for awarding and making out Executions thereupon as in and by the said Letter Patents relation being thereunto had may more fully and at large appear. And Whereas sundry poor People are Imbarked or Imbarking in Order to go to and settle in the said Province of Georgia and intend for their Security and Convenience to build a Town there the same to be called by the Name of Frederica. And Whereas it is necessary for the punishing Offences and 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 and Established for the Purposes aforesaid. Now Know Ye that We the said Trustees for Establishing the Colony of Georgia in America in pursuance and Execution of the Power and Authority to Us in and by the said Letters Patents Granted and that the People of the said Town and the Precincts thereof may have their Laws and Possessions secured to them in Peace and Quietness Have Erected and Constituted and by these Presents Do Erect and Constitute a Court of Record by the Name and Stile of the Town Court to be holden in the Name of His said Majesty His Heirs and Successors before such Persons as shall from time to time be Commissioned and appointed Bailiffs and Recorder of the said Town by the Common Council for the time being of us the said Trustees. And We Do hereby give and grant to such Bailiffs and Recorder for the time being appointed in the manner as aforesaid full Power Jurisdiction and Authority to enquire by the Oaths of good and lawfull Men of the said Town and of the Precincts thereof and by all other Ways Manner and Means which they shall know of and have in their Power by which the Truth of the Fact may best be made appear of all Treasons Misprisons of Treason Insurrections Rebellions Counterfeitings Clipping Washing Coining & other falsifyings 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 unlawful Assemblies Conspiracys Confederacys Transgressions Trepasses Riots Routs Rescues Escapes Contempts Negliginces Concealments Maintenances Appressions Deceits and of all other Crimes Offences and Injurys whatsoever and 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 Committed within the said Town and Precincts thereof and also by whom to whom when how and in what manner and of all other Articles Facts and Circumstances in whatever manner soever Touching or concerning the said Crimes and Offences them or any of them And also the said Treasons and all other the Crimes and Offences aforesaid to hear and determine according to the Law and Custom of the Realm of England. Saving to Us and our Successors all Fines Forfeitures and Americaments and all other things to Us on Account thereof belonging. And therefore We Command that on such Days and in such Place or Places as they the said Bailiffs and Recorder shall for that purpose from time to time publickly appoint they the said Bailiffs and Recorder shall with their utmost Diligence make inquiry into and of the said Crimes and Offences and all and singular the said Crimes and Offences shall hear and 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 Frederica for the time being That on such Days and in such Place or Places as shall for that purpose from time to time be publickly appointed as aforesaid and of which they the said Bailiffs and Recorder shall certify the said Constables they shall cause to come before them the said Bailiffs and Recorder such and so many good and lawful Men of the said Town and Precincts thereof by whom the Truth of the Fact may best be inquired into and made known. And We do further give and grant to such Bailiffs and Recorder for the time being of the said Town of Frederica in manner aforesaid from time to time Commissioned and appointed full Power Jurisdiction and Authority to hold Pleas in all and all manner of Causes Suits and Actions as well Real as Personal and mixt and of any Debt Account Trespass in Ejectment & other Trespasses Covenants Promises Contracts & Detinues whatsoever within the said Town and the Precincts thereof arising happening or being and between any Persons whatsoever and to proceed in such Pleas Suits and Actions by such ways means and process as may with the greatest Safety Dispatch and Justice bring the same to a final Determination and also to hear and determine all such Pleas Suits and Actions and 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 and Process whatsoever necessary to be had or done touching or concerning the Pleas Suits and Actions aforesaid shall be summoned Done and Executed by the Constables of the said Town and Precincts thereof for the time being. And We do hereby further ordain and direct that all Indictments Writs Returns and 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 and also the Records thereof shall be in the English Tongue and in Words written at length and in a plain legible Hand. In Witness whereof the said Trustees for Establishing the Colony of Georgia in America have to these Presents affixed their Common Seal the Twenty Sixth day of September in the Ninth 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 five.
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Common Council Appointment of Town Officers for Frederica. Sept. 26, 1735. C.O. 5/670, pp. 247-249.
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 in America and intend for their Security & Convenience to build a Town there the same to be called by the name of Frederica. And Whereas the said Trustees have by their Deed bearing Date the Twenty sixth Day of September One Thousand Seven Hundred and Thirty five under their Common Seal Erected and Established a Court of Record by the Name of the Town Court for hearing and determining all manner of Crimes Offences Pleas Processes Plaints Actions Matters Causes and Things whatsoever arising or happening within the said Town of Frederica and the Precincts thereof as in and by the said Deed relation being thereunto had may fully and more at large appear which said Court is therein and thereby appointed to be Holden in the Name of His Majesty His Heirs and Successors before such Persons as shall from time to time be Commissioned and appointed Bailiffs and 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 and Execution of the Power and Authority to Us the said Common Council by His said Majesty King George the Second in and by His Letter 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 and appointed and Do by these Presents nominate constitute and appoint Thomas Hawkins to be the first Bailiff of the said Town of Frederica and of the Precincts thereof To have and to hold the said Office of first Bailiff together with all Powers Authorities and Jurisdictions thereunto belonging for during & until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Thomas Hawkins shall be nominated & appointed to the said Office. And We the said Common Council Do hereby further nominate constitute and appoint Samuel Perkins to be the second bailiff of the said Town of Frederica and of the Precincts thereof To have and to hold the said Office of second Bailiff together with all Powers Authorities & Jurisdictions thereunto belonging for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said Samuel Perkins shall be nominated and appointed to the said Office. And We the said Common Council Do hereby further nominate constitute and appoint Edward Addison to be third Bailiff of the said Town of Frederica and of the Precincts thereof To have and to hold the said Office of third Bailiff together with all Powers Authorities and Jurisdictions hereunto belonging for during and until such time only as some other Person by the said Common Council for the time being of the said Trustees in the Room and Stead of the said Edward Addison shall be nominated and appointed to the said Office. And We the said Common Council do hereby further nominate constitute and appoint Francis Moore to be Recorder of the said Town of Frederica To have and to hold the said Office of Recorder together with all Powers Authorities and Jurisdictions thereunto belonging for during and until such time only as some other Person by the said Common Council for the time being of the said Trustees in the Room and Stead of the said Francis Moore shall be nominated & appointed to the said Office. And We the said Common Council Do hereby enjoyn and require You the said Thomas Hawkins Samuel Perkins Edward Addison Francis Moore and every of You that in your said Offices You severally and respectively preserve the Peace and administer Justice without fear favour or affection to the Terror of Evil Doers and to the Comfort of those who do well. And We the said Common Council Do hereby nominate and appoint John Brookes to be one of the Constables of the said Town of Frederica and of the Precincts thereof To hold perform and Execute the said Office of Constable for during and until some other Person by the said Common Council for the time being of the said Trustees in the Room and Stead of the said John Brookes shall be nominated and appointed to the said Office. And We the said Common Council Do hereby further nominate and appoint Samuel Davison to be one other of the Constables of the said Town of Frederica and of the Precincts thereof To hold perform and Execute the said Office of Constable for during and until some other Person by the said Common Council for the time being of the said Trustees in the Room and Stead of the said Samuel Davison shall be nominated & appointed to the said Office. And We the said Common Council Do hereby nominate and appoint John Calwell to be one of the Tything Men of the said Town of Frederica and the Precincts thereof To hold perform and Execute the said Office of Tything Men for during and until some other Person by the said Common Council for the time being of the said Trustees in the Room and Stead of the said John Calwell shall be nominated and appointed to the said Office. And We the said Common Council Do hereby further nominate and appoint William Allen to be one other of the Tything men of the said Town of Frederica and the Precincts thereof To hold perform and Execute the said Office of Tything man for during and until some other Person by the said Common Council for the time being of the said Trustees in the Room & Stead of the said William Allen shall be nominated & appointed to the said Office. And We the said Common Council Do hereby Command them the said John Brookes Samuel Davison John Calwell and William Allen that they & every of them 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 they ought according to Law for the better preserving of the Peace and administring of Justice in the said Town and 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 Twenty sixth Day of September in the ninth 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 five.
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Common Council Authorization to James Oglethorpe to administer oaths to Town Officers of Frederica. Sept. 26, 1735. C.O. 5/670, pp. 250-251.
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 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 One Thousand Seven Hundred and Thirty two Did nominate constitute And appoint Thomas Hawkins to be the first Bailiff of the Town of Frederica and of the Precincts thereof in Georgia aforesaid Samuel Perkins to be the second Bailiff Edward Addison to be the third Bailiff and Francis Moore to be Recorder of the said Town & Precincts and did also by the said Deed nominate and appoint John Brookes and Samuel Davison to be Constables & John Calwell and William Allen to be Tything Men of the said Town of Frederica and Precincts thereof. To hold the said several Offices to them the said Thomas Hawkins Samuel Perkins Edward Addison Frances Moore John Brookes Samuel Davison John Calwell and William Allen, respectively together with such Jurisdictions Powers and Authorities as by the said Common Council was therein and thereby given and granted unto them severally as in and by the said Deed relation being thereunto had may more fully and at large appear. Now Know Ye That We the said Common Council Have authorized and impowered James Oglethrope of West Brook Place in the County of Surry Esqr. and Do by these Presents authorize & impower him the said James Oglethorpe to administer to them the said Thomas Hawkins Samuel Perkins Edward Addison and Francis Moore and 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 (Intituled an Act for the further Security of His Majesty’s 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 and 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 Frederica and the Precincts thereof) Do swear that I will duly and faithfully execute the Office of (first Bailiff second Bailiff third Bailiff Recorder of the said Town and Precincts as the Case shall be) to which I am nominated constituted and appointed by the Common Council of the Trustees for Establishing the Colony of Georgia in America and that I will to the utmost of my Ability Capacity and Power preserve the Peace and administer Justice to all within the said Town and Precincts impartially without fear favour or affection So help me God. And We the said Common Council have authorized and impowered and Do hereby authorize and impower him the said James Oglethorpe to administer to them the said John Brookes Samuel Davison John Calwell and William Allen and to every of them the said Oaths of Allegiance Supremacy and Abjuration and also the following Oath of Office That is to say I A. B. (Constable Tything man as the Case shall be of the Town of Frederica and of the Precincts thereof) Do swear that I will duly and faithfully execute the Office of (Constable Tything man as the Case shall be) to which I am nominated and appointed by the Common Council of the Trustees for Establishing the Colony of Georgia in America and that I will in all things perform and 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 Twenty sixth Day of September in the Ninth 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 five.
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Common Council Appointment of John Brownfield to Register Grants in Georgia. Oct. 7, 1735. C.O. 5/670, p. 252.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America send Greeting. Know Ye That We Have nominated constituted and appointed and by these Presents Do nominate constitute & appoint John Brownfield of the Town of Savannah in the Province of Georgia Freeholder to be Register of all Grants of Lands in the said Province. To have and to hold the said Office of Register for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said John Brownfield shall be nominated and appointed to the said Office. And We do hereby authorize and direct the Recorder 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 (Intituled an Act for the further Security of His Majesty’s Person and 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 and his open and secret Abettors) and also the following Oath of Office to him the said John Brownfield That is to say That he will truly and faithfully discharge the said Office of Register; and to Enter the same 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 Seventh Day of October in the Ninth 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 five.
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Common Council Appointment of John Vanderplank as Naval Officer of Georgia. Oct. 7, 1735. C.O. 5/670, p. 253.
To all to whom these Presents shall come The Common Council of the Trustees for Establishing the Colony of Georgia in America send Greeting. Know Ye That We Have nominated constituted and appointed and by these Present Do nominate constitute and appoint John Vanderplank of the Town of Savannah in the Province of Georgia Freeholder to be Naval Officer in the Province of Georgia aforesaid. To have and to hold the said Office of Naval Officer for during and until such time only as some other Person by the Common Council for the time being of the said Trustees in the Room and Stead of the said John Vanderplank shall be nominated and appointed to the said Office. And We do hereby authorize and direct the Recorder 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 (Intituled an Act for the further Security of His Majesty’s 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 and secret Abettors) and also the following Oath of Office to him the said John Vanderplank That is to say That he will truly and faithfully Discharge the said Office of Naval Officer and to Enter the same 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 Seventh Day of October in the Ninth 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 five.
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Trustee Revocation of Authority of the Rev. Mr. Samuel Quincy to perform religious services in Georgia and appointment of the Rev. Mr. John Wesley in his stead. Oct. 10, 1735. C.O. 5/670, p. 254.
Know all Men by these Presents That We the Trustees for Establishing the Colony of Georgia in America for good and sufficient Reasons Have revoked And by these Presents Do revoke all Power and Authority by Us heretofore given to the Revd. Mr. Samuel Quincy to do and perform all Religious and Ecclesiastical Offices in the Colony of Georgia aforesaid and Have authorized and impowered And by these Present Do authorize and impower the Rev. Mr. John Wesley in the Room and Stead of him the said Samuel Quincy to do and perform all Religious and Ecclesiastical Offices 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 Laws of England and the Tennour of our Charter. In Witness whereof the said Trustees have to these Presents affixed their Common Seal the Tenth Day of October in the Ninth 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 five.
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Common Council Grant of 50 acres of alnd to Archibald MacGillivray. Sept. 3, 1735. C.O. 5/670, p. 254.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 3d. of September 1735 to Archibald Mac Gillivray Trader in the Creek Nation in America of fifty Acres of Land in Georgia of the same Tenor as the Indenture to William Woodroofe Entd. in Page (195)45 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to John Musgrove. Oct. 23, 1734. C.O. 5/670, p. 255.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 23d. of October 1734 to John Musgrove of the Province of Georgia in America Gentleman and then in England of five hundred Acres of Land in Georgia of the same Tenor as the Indenture to Patrick Mackay Entd. in Page (220)46 Except four Servants instead of ten. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Paul Hamilton. Sept. 24, 1735. C.O. 5/670, p. 255.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 24th. of September 1735 to Paul Hamilton of Edistow in South Carolina Gentleman of five hundred Acres of Land in Georgia of the same Tenor as above. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Walter Augustine. Sept. 24, 1735. C.O. 5/670, p. 255.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 24th. of September 1735 to Walter Augustine of Cat Island in South Carolina Gentleman of five hundred Acres of Land in Georgia of the same Tenor as above. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Paul Jenys. Oct. 2, 1735. C.O. 5/670, p. 255.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 2d. of October 1735 to Paul Jenys Esqr. of Charles Town in the Province of South Carolina America of five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Entered in Page (125).47 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to John Baker. Oct. 2, 1735. C.O. 5/670, p. 256.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 2d. of October 1735 to John Baker Esqr. of Charles Town in the Province of South Carolina America of five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Entd. in Page (125). As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Capt. James Gascoigne. Sept. 24, 1735. C.O. 5/670, p. 256.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 24th. of September 1735 to Captain James Gascoigne of the Parish of St. Martins in the fields in the County of Middlesex of five hundred Acres of Land in Georgia of the same Tenor as above. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to William Horton. Sept. 24, 1735. C.O. 5/670, p. 256.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 24th. of September 1735 to William Horton of the City of Hereford Gentleman of five hundred Acres of Land in Georgia of the same Tenor as above. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Philip George Frederick de Reck. Oct. 7, 1735. C.O. 5/670, p. 256.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 7th. of October 1735 to Philip George Frederick de Reck of Ratisbonne in Germany Gentleman of five hundred Acres of Land in Georgia of the same Tenor as above. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Rowland Pytt. Oct. 2, 1735. C.O. 5/670, p. 257.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 2d. of October 1735 to Rowland Pytt of the City of Gloucester Ironmonger of five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Entd. in Page (125)48 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 100 acres of land to John Brown. Oct. 2, 1735. C.O. 5/670, p. 257.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 2d. of October 1735 to John Brown of London Gentleman of One Hundred Acres of Land in Georgia of the same Tenor as the Indenture to George Brigham Entd. in Page (134)49 As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 50 acres of land to John Tuckwell. Oct. 2, 1735. C.O. 5/670, p. 257.
Grant and Enfeoffment (with Livery and Seisin Indorsed) made the 2d. of October 1735 to John Tuckwell of Wallingford in the County of Berks Ironmonger of Fifty Acres of Land in Georgia of the same Tenor as the Indenture to William Woodrooffe Entd. in Page (195)50 excepting the Addition of Carrying one Man Servant. As by a Counterpart thereof remaining with the Trustees at large appears.
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Common Council Grant of 500 acres of land to Elizabeth West. Oct. 7, 1735. C.O. 5/670, pp. 257-265.
This Indenture made the seventh day of October in the Ninth 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 five Between the Trustees for Establishing the Colony of Georgia in America of the one part and John West of the Town of Savannah in the Province of Georgia Freeholder and Elizabeth his Wife now in England Widow of the late Joseph Hughes of the other part. Whereas the said John West stands possessed of an House in Derby Ward and Tyrconnel Tything in the Town of Savannah in the said Province No. 1 a Garden Lot No. 13 situate to the East of the said Town and a Farm Lot known by Letter C and No. 3 making in the whole Fifty Acres of Land To hold to him and the Heirs Male of his Body. And Whereas the said John West hath one Son living aged nine to whom the said Fifty Acres will descend after the Decrease of the said John West the Father. Now this Indenture witnesseth that for and in Consideration of the Sum of Ten Pounds secured to be paid by the said John West in Two Years from the Twenty Sixth Day of September 1735 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 her the said Elizabeth West and to the Heirs Male of her Body by the said John West lawfully begotten or to be begotten Five Hundred Acres of Land lying and being in the Province of Georgia in America being Part & Parcel of the Lands which His Majesty graciously granted to the said Trustees by His Letters Patent bearing Date the Ninth Day of June 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 by such Person or Persons as shall by the said Common Council be for that Purpose authorized and appointed (Reserved & 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 out in Breadth from the Banks of such River along by the Side thereof 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 her the said Elizabeth West and to the Heirs Male of the Body of her the said Elizabeth West by the said John West lawfully begotten or to be begotten. And in Case the said Elizabeth West shall dye in the Life time of the said John West without such Issue Male as aforesaid and if the said John West shall surrender all his Right and Interest in and to the said above recited Fifty Acres of Land formerly granted to him as aforesaid unto his said Son John Then the said Five Hundred Acres shall be and remain to the said John West the Husband and the Heirs Male of his Body which shall be lawfully begotten by him the said John West on the Body of any Woman he shall then after marry. Yielding and Paying for such Five Hundred Acres of Land to the said Trustees for Establishing the Colony of Georgia in America and their Successors yearly and every Year for ever a Rent or Sum of Five Pounds 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 Ninth day of June One Thousand Seven Hundred and Thirty two. Provided always And these Presents are upon these Conditions That if it shall happen that the said yearly Rent of Five Pounds hereby reserved or any part or parcel thereof shall be behind and unpaid by the Space of Six Calendar months next after any Day of Payment on which the same ought to be paid as aforesaid, Or if the said Elizabeth West shall not within the Space of one Calendar month to be computed from the Day of the Date of these Presents register or cause to be registered with the Auditor of His Majesty’s Plantations this present Indenture of Grant and Enfeoffment or a Memorial containing the Substance and Effect thereof, Or if the said Elizabeth West 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 Ten able bodied young Men Servants being each of them of the Age of Twenty Years and upwards, Or if the said Elizabeth West or her Heirs Male with such able bodied young Men Servants as aforesaid shall not abide settle inhabit & continue in the said Province of Georgia for and 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 Elizabeth West 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 Two Hundred Acres of Wood Ground being Part and Parcel of the said Five Hundred Acres hereby granted as aforesaid and set and plant Two Thousand Trees or Plants of the white Mulberry Tree in and upon the said Two Hundred Acres and in and upon every Hundred of the said other Three Hundred Acres One Thousand of the said white Mulberry Trees or Plants 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 & Spoil of Cattle and in the Room and Stead of such of the said Trees or Plants as shall happen to dye or otherwise be destroyed set and plant other Trees or Plants of the same Sort in and upon the said Two 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 Two Hundred Acres Two Thousand of the said white Mulberry Trees or Plants 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 Elizabeth West 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 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 from time to time be authorized and impowered to grant such Licences, Or if the said Elizabeth West 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 & 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 the Ashes commonly called or known by the Name of Pot Ash, Or if the said Elizabeth West shall dye without Issue Male, Or if the Heirs Male of the said Elizabeth West 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 Elizabeth West 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 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 Dominion whatsoever, Or shall do or commit any Sodomy Murther Felony Homicide Killing Burglary Rape of Women unlawful Conspiracy or Confederacy and shall thereof be lawfully Convicted, Or if the said Elizabeth West 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 from time to time be 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 lawful 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 Elizabeth West 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 & 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 Occupiers and Possessors of the said Five Hundred Acres or of any part or parcel thereof thereout and thenceforth utterly to expell put out and amove and also upon the Entry in any of the Cases beforementioned of such Officer or Officers as shall by the said Common Council for the time being be for that purpose authorized 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 her the said Elizabeth West 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 She or they severally may the said 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 said Five Hundred Acres of Land hereby granted to her the said Elizabeth West 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 Five 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 lawful to and for the said Trustees for Establishing the Colony of Georgia in America and their Successors into and upon such part & parts not having been cultivated planted cleared & 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 such Person or 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 and Purposes as the Common Council for the time being of the said Trustees shall think fit and proper. 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 John West and Elizabeth his Wife their Heirs Executors and 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 Elizabeth West or her 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 able bodied young Men Servants as shall arrive and settle with her in the said Province of Georgia as aforesaid Twenty Acres of Land in the said Province of Georgia to each and every of them severally in Tail Male under such Rents Conditions Limitations and Agreements 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 that Possession and Seisin of the said Five Hundred Acres shall be taken and delivered by such Person or Persons as shall by the said Common Council be for that purpose authorized and appointed to be their true and lawful Attorney or Attorneys in their Name and Stead into and upon the said Five Hundred Acres of Land or into and upon any part or parcel 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 to 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 Name of the whole to the said Elizabeth West and She the said Elizabeth West to leave in quiet and peaceable Possession thereof according to the true Intent and Meaning of these Presents. And the said John West & Elizabeth his Wife for themselves their Heirs Executors Administrators and Assigns and for every of them 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 She the said Elizabeth West shall and will within the Space of one month to be computed from the Day of the Date of these Presents register or cause to be registered with the Auditor of His Majesty’s Plantations this present Indenture of Grant and Enfeoffment or a Memorial containing the Substance and Effect thereof and shall and will within the Space of Twelve months to be computed from the Day of the Date of these Presents go to the said Province of Georgia together with Ten able bodied young Men Servants being each of the Age of Twenty Years at the least and will together with such Men Servants as aforesaid 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 these Presents in the Common Register of the said Province of Georgia. And further that She the said Elizabeth West 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 and will yearly and every Year well and truly pay or cause to be paid unto the said Trustees for Establishing the Colony of Georgia in America and their Successors the said Rent or yearly Sum of Five Pounds of lawful Money of Great Britain in such manner as the same in herein before reserved and made payable. And that he the said John West shall and will surrender his Right and Interest in and to the said Fifty Acres of land if Occasion shall require according to the above Limitation. 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 and the said John West and Elizabeth his Wife 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 License to Rawland Pytt to remain in England. Oct. 7, 1735. C.O. 5/670, pp. 265-266.
The Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come send Greeting. Whereas by a certain Indenture bearing Date the Second Day of October 1735 and made between the said Trustees of the one part and Rowland Pytt of the City of Gloucester Ironmonger of the other part certain Lands in the Province of Georgia in America are granted to the said Rowland Pytt in Tail Male on Condition (among other things) That the said Rowland Pytt 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 the said Rowland Pytt has requested our Leave and License to continue in England to transact his Affairs here. Now Know Ye That the said Trustees taking into Consideration the said Request Have Granted And by these Presents Do Grant Leave and License to and for the said Rowland Pytt to remain and be in England for the Purpose aforesaid and Do for themselves and their Successors agree and declare that neither they nor their Successors will Enter on the Lands Granted to the said Rowland Pytt in Tail Male or otherwise Evict or Disturb him the said Rowland Pytt in the Possession and Enjoyment thereof for or on Account of his not going to Georgia and abiding and continuing there according to the Conditions before mentioned. 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 Rowland Pytt without his going to and residing 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 Seventh Day of October in the Ninth 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 five.
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Common Council License to John Tuckwell to remain in England. Oct. 7, 1735. C.O. 5/670, pp. 266-267.
The Trustees for Establishing the Colony of Georgia in America To all to whom these Presents shall come send Greeting. Whereas by a certain Indenture bearing Date the Second Day of October 1735 and between the said Trustees of the one part and John Tuckwell of Wallingford in the County of Berks Ironmonger . . . .
[License in the same words granted Rowland Pytt, of the City of Gloucester]
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Trustee Authorization to the Rev. Mr. John MacLeod to perform Ecclesiastical Offices in Georgia. Oct. 29, 1735. C.O. 5/670, p. 268.
Know all Men by these Presents That We the Trustees for Establishing the Colony of Georgia in America Have authorized and impowered And by these Presents Do authorize and impower the Revd. Mr. John MacLeod to Do and Perform all Religious and Ecclesiastical Offices 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 Laws of England the Tennour of our Charter. In Witness whereof the said Trustees have to these Presents affixed their Common Seal the Twenty Ninth Day of October in the Ninth 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 five.
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Common Council Grant of 500 acres of land to William Bradley. Nov. 17, 1735. C.O. 5/670, p. 268.
Grant and Enfeofment with Livery and Seisin indorsed made the 17th. day of November 1735 to William Bradley of London Farmer of Five hundred Acres of Land in Georgia of the same Tenor as the Indenture to James Houstoun Entered in Page (125)51 as by a Counterpart thereof remaining with the Trustees at large appears.
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Trustee Petition to the King to prohibit the Governor of South Carolina from granting lands south of the Altamaha River. Nov. 17, 1735. C.O. 5/670, p. 269.
To the Kings most Excellent Majesty.
The Humble Petition of the Trustees for Establishing the Colony of Georgia in America.
Humbly Sheweth
That Your Petitioners are well Informed that Endeavours are using to obtain from the Lieut. Governor of South Carolina Grants of Lands to the South of the River of Alatamaha and being apprehensive that any attempt of making such Settlements will necessarily involve both the Provinces of Carolina and Georgia in a War with our Indian and other Neighbours.
Therefore from a Just Concern for the Welfare of our Infant Settlement as well as that of Carolina We become humble Petitioners to Your Majesty that Your Lieut. Govr. or Governors for the time being of South Carolina may be strictly enjoyned by an Instruction from Your Majesty not to permit the Running out of any Lands or making any such Grants to the South End of the River Alatamaha.
And Your Petitioners as in Duty bound shall ever pray &c.
7 Novr. 1735 | SEAL |
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Trustee Memorial to the Society for the Propagation of the Gospel in Foreign Parts to assign £50 a year to the Rev. Mr. John Wesley as missionary in Savannah. Dec. 17, 1735. C.O. 5/670, p. 270.
To the Incorporated Society for propagating the Gospel in Foreign Parts.
The Memorial of the Trustees for establishing the Colony of Georgia in America.
Sheweth
That Whereas the said Society upon a Memorial from the said Trustees had out of a regard to the propagation of the Gospel allotted Fifty pounds P. Ann. for a Missionary to the Colony of Georgia in America, and were pleased at the Request and by the Nomination of the said Trustees to give the same to the Reverend Mr. Samuel Quincy, Who thereupon was Authorised by the said Trustees to perform all Religious and Ecclesiastical Offices in the Town of Savannah in the said Province of Georgia. And Whereas the said Revd. Mr. Samuel Quincy has by Letter certified to the said Trustees that he is desirous of leaving the Colony of Georgia and returning home to England in the next month of March to which the said Trustees have agreed and have appointed in his Stead the Revd. Mr. John Wesley to officiate as a Clergyman in the said Town of Savannah.
The said Trustees therefore desire That the said Incorporated Society will allot the said Fifty pounds P. Ann. from the time the said Revd. Mr. Samuel Quincy shall leave the said Colony of Georgia to the said Revd. Mr. John Wesley for his Support and Maintenance in the said Town of Savannah.
Sign’d by Order of the said Trustees this seventeenth day of Dec. 1735 --
Benj. Martyn Sectary.
SEAL
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Trustee Memorial to the Society for the Propagation of the Gospel in Foreign Parts to assign £50 a year to the Rev. Mr. John Wesley as missionary in Savannah. Dec. 24, 1735. C.O. 5/670, p. 271.
To the Incorporated Society for propagating the Gospel in Foreign Parts. The Memorial of the Trustees for establishing the Colony of Georgia in America.
Sheweth
Whereas the Incorporated Society upon a Memorial from the Trustees had out of a regard to the Propagation of the Gospel allotted Fifty pounds P Ann. for a Missionary to the Colony of Georgia in America, and were pleased at the Request and Recommendation of the said Trustees to give the same to the Revd. Mr. Samuel Quincy; Who thereupon was Authorised by the said Trustees to perform all Religious and Ecclesiastical Offices in the said Province of Georgia. And Whereas the said Reverend Mr. Samuel Quincy has by Letter certified to the said Trustees that he is desirous of leaving the Colony of Georgia and returning home to England in the month of March next to which the Trustees have agreed, and have appointed in his Stead the Revd. Mr. John Wesley to officiate as a Clergyman in the said Province of Georgia.
The Trustees therefore recommend the said Reverend Mr. John Wesley to the Incorporated Society, and desire that they will allot the said Fifty pounds P Ann. from the time the Revd. Mr. Samuel Quincy shall leave the Colony to the Reverend Mr. John Wesley above mentioned, as their Missionary in his Room.
Sign’d by Order of the said Trustees this twenty fourth day of December 1735.
Benj. Martyn Sectary
SEAL
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Trustee Memorial to the Society for the Propagation of the Gospel in Foreign Parts to assign £50 a year to the Rev. Mr. John Wesley as missionary in Savannah. Jan. 12, 1735/6. C.O. 5/670, p. 272.
To the Incorporated Society for propagating the Gospel in Foreign Parts.
The Memorial of the Trustees for establishing the Colony of Georgia in America.
Sheweth
Whereas the Incorporated Society upon a Memorial from the Trustees had out of a regard to the Propagation of the Gospel allotted fifty pounds a year for a Missionary to the Colony of Georgia in America; and were Pleased at the Request and Recommendation of the said Trustees to Give the same to the Reverend Mr. Samuel Quincy, who was Authorized by the said Trustees to perform all Religious and Ecclesiastical Offices in the said Province of Georgia. And Whereas the said Revd. Mr. Samuel Quincy has by Letter certified to the said Trustees That he is desirous of leaving the Colony of Georgia and returning home to England in the month of March next, To which they have Agreed.
The said Trustees therefore Recommend the Reverend Mr. John Wesley to the Incorporated Society; To have the said fifty pounds a year allowed to him, from the time the said Reverend Mr. Samuel Quincy shall leave the said Colony, In the same manner as the said Mr. Quincy had.
Sign’d by Order of the said Trustees this twelfth day of January 1735
Benj. Martyn Sectary
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Account of how money voted by the last session of Parliament spent in settling Georgia. March 2, 1735/6. C.O. 5/670, p. 273.
An Accompt shewing how the Money granted in the last Session of Parliament to the Trustees for establishing the Colony of Georgia in America has been applied by them towards Settling and Securing the said Colony.
For Expences accrued in America for Provisions, Stores, Ammunition, Working Tools, Necessarys, Presents to the Chactaw and other Indians, Incident Charges, Reward for Services, and Charges of Fortifying the former Settlers in Georgia | 7191. 2. 5 1/2 |
Applied in England
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