Rights of the Purchasers, the following Deed, together with the Articles themselves, stands enrolled in the High Court of Chan

cery.

TO

O All to whom these Presents shall come I Robert Mountgomry of Skelmorley in the Sheridom of Aire in NorthBritain Baronet send Greeting. Whereas His Excellency the Lord Carteret Palatine, and the Rest of the true and absolute Lords Proprietors of the Province of Carolina in America have by their Grant, bearing Date the Nineteenth Day of June last, bargain'd, sold, alien'd, releas'd, enfeoff'd, and confirm'd to Me the abovemention'd Sir Robert Mountgomry, my Heirs, and Assigns, all that Tract of Land in their said Province, which lies between the Rivers Allatamaha and Savanna, and erected the said Tract into a distinct Province, wtih proper and independant Jurisdictions, under the Name and Title of the Margravate of Azilia, to be held of them the Lords Proprietors of Carolina by me, my Heirs and Assigns for ever; and whereas for better carrying on my design of transporting People and making a new Settlement in the said Margravate; I have made and caused to be publish'd the Proposals hereunto annex'd, Now Therefore for securing the Advantages proposed in the said Articles to all, who shall or may Subscribe any Sum or Sums of Money for the Purchase of Lands and Profits in the Margravate of Azilia aforesaid, and shall on their parts, make good the Payments and Conditions mention'd in the Articles, I the abovenamed Sir Robert Mountgomry do, by these Presents to be enroll'd in the High Court of Chancery, in perpetual Proof and Testimony of the Security hereby design'd to be convey'd, engage, bind, mortgage, assign, and firmly make subject the said Grant, Lands, and benefits for making Good the Uses in the said Articles expres'd in Manner, as at large herein under describ'd: And I do hereby declare and consent, that the Instruments sign'd by my Hand writing as recited in the seventh Article, shall be deem'd and they are by virtue of these Presents declar'd to be, a firm, and sufficient Proof of Title to the respective Claim therein mention'd to be convey'd by and upon the Security by these Presents provided; And I do hereby authorize and appoint David Kennedy, Esq; in my Absence to fill up, and deliver the said Instruments with all effectual Authority, and irrevocable Right of Representation, which by Letter of Attorney, or by any other Form or Means whatever, can or might be deputed to Him, And I declare myself obliged, as to the sufficiency of the Writings delivered by such Act of the said David Kennedy, Esq; as firmly as if I had in Person fill'd and deliver'd the said Writings; And in Case that I Sir Robert Mountgomry, or my Heirs, or Assigns, or any claiming Right, or exercising Power by, from, or under me, shall at any

time hereafter refuse to submit to the said annex'd Articles or to any of them, or shall under any unjust Pretence whatsoever forbear the Cultivation of the Purchasers Lands, or consign the annual Products, arising therefrom, or any Part of the same, to any other Person, or Persons, than to the Factor, or Factors, who shall be appointed by the Purchasers, or to Persons approved by them, or shall refuse, or deny admission, Residence, or ocular satisfaction on the Spot to any Agent, whom the Purchasers may at any time think fit to send over for that Purpose; In any of these Cases the Purchasers shall, by virtue of these Presents (any Form of Law, Usage, Custom, or Pretence to the contrary notwithstanding) have a warrantable, and incontrovertible Right, and Authority, to procure, and obtain present Justice to themselves in Manner following, That is to say-Upon such Breach of Covenant the said Purchasers shall, or may meet upon the Summons of the Party injur'd, or of any other Person interested, and by a Majority of the Voices present elect a Committee of Three, which Committee shall draw up a State of the Case they complain of, And present it to me, or my Heirs or Assigns, or to any Agent acting for me, or them, or any of them in London, or elsewhere, and if within ten Days after such Presentation they receive not due Satisfaction from such Person, or Agent, they shall leave Notice in Writing at the Place of his dwelling, or publish in the Gazette, or other Authentick News Letter, that on some day therein to be named, they design to lay the State of their Case before the Kings Attorney General, and Solicitor General in London for the Time being, in order to have their Opinion, whether the Fact they complain of be, or be not not a Breach of any Part of the Articles hereunto annex'd, that so the said Person, or Agent may attend if he shall have any thing to offer, in Defence of the Matter complain'd of, And if upon the Question, the Attorney and Solicitor General shall joyn in Opinion and give it under their Hands, that the Cause of Complaint does plainly appear in their Judgements to be a Breach of the Articles subscribed to, and such Person, as above described, or some Agent acting for Him, shall not forthwith make due satisfaction, such Forbearance to do Justice in the Case, shall after Thirty Days next following the date of the said written Opinion, become an absolute Forfeiture of the Grant, and from thenceforth all Lands, Prerogatives, Priviledges, Powers, and Benefits, whatsoever held, claim'd, or enjoy'd by virtue of the said Grant, shall be taken Possession of for the sole future Use of the Body of Purchasers, and shall be carry'd on to their general Advantage, and according to their Orders, and Direction, by any Person, or Persons whom they shall chuse by a Majority of their Voices, and send over to that Purpose: And that no possible Let, or Impediment, on my

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Part, or the Part of my Heirs, or Assigns, may in any sort incommode, or prevent the most strict and immediate Performance of this Covenant, I the said Sir Robert do hereby renounce for myself, and all claiming from me, all Pleas, Prerogatives, Priviledges and Pretences whatsoever, which I, or they, may by the said Grant, or by any Form, Custom, or Mode of Proceeding at Law be possess'd of, or entitled to; And I do consent and declare, that when the written Opinion abovemention'd of the Attorney, and Solicitor General in London, shall be produc'd to the Lords Proprietors of Carolina, and sent over to their Deputies at Charles Town, and be enter'd in their Journal, It shall stand as a determinate Judgment recorded against me, or them, after which no Appeal shall be lawful, and possession shall be given immediately, that is to say, no other Process shall be needful than twenty Days Notice from the Governour, and Council at Charles-Town abovemention'd: From which Time for ever, if full Satisfaction be not made within the said twenty Days, as well in the Matter complain'd of, as by Payment of all Costs, and Damages sustained by the Complainants, the Purchasers shall in Right of themselves, and by Virtue of these Presents, possess, occupy, and enjoy all Manner of Authorities, Territories, and Advantages of what kind soever, arising from the Grant abovesaid, and I the said Sir Robert Mountgomry, my Heirs, and Assigns shall effectually stand excluded, both in Law, and in Equity, to all Intents and Purposes, as if the said Grant had never been made. In Witness whereof, I have hereunto set my Hand and seal this Fifteenth Day of July, in the Third Year of the Reign of our Sovereign Lord George, by the Grace of God, of Great Britain, France and Ireland, King, Defender of the Faith, &c. Annoq; Domini, 1717.

R. Mountgomry.

ART. I. The first fifty thousand Acres, which shall be run out, settled, or planted, shall be always kept, as a distinct Division, separate from the rest of the Margravate, and shall all be clear'd, and improv'd before any other Settlement is made, or suffer'd in any Part of the Margravate, and a Right will be sold by Virtue of the propos'd Subscription, to all the Profits arising from twenty five Thousand of those Acres, when the fifty Thousand shall be clear'd; and in the mean time to half the yearly Amount of the whole Profit which shall be made by the Colony, which Sale will be made in Acres, (more or less at the Discretion of the Buyer, only nothing less than five Acres) at the Rate of forty Shillings per Acre: And tho' the whole shou'd not be purchased, yet the Books shall, notwithstanding, be shut up forthwith, that so no Time may be lost, and the then Number of Purchasers, be they never so few, shall compose the Body, and enjoy their

Proportional Benefits, as fully as if the whole had been compleated.

ART. II. The Land thus bought, is not to be cultivated at the Charge of the Buyer; but the yearly Profits of it shall for ever be brought Home to the Purchasers, their Heirs or Assigns, in the Ships of the Margravate, and paid them in regular Dividends.

ART III. The Purchase Money, that is to say, the forty Shillings per Acre abovemention'd, shall be paid one half down, and the other half, not till the first Return of the Shipping, and after a Dividend of Profit made among the Purchasers, by Sale of such Goods or Products as the said Ships bring over with them.

ART. IV. This first Return, and the whole yearly Produce for ever, of the first settled fifty Thousand Acres, or so much thereof, as shall at any time be clear'd, and cultivated, shall always come consign'd to the Purchasers Factors, for the Time being, or their Agents, or to Persons of their Appointment or Approbation, and shall be sold by them, or by Brokers of their chusing, which Brokers shall account with them the said Factors or their Agents, for the Purchasers Half the Profits, and with the Agents of Sir Robert Mountgomry, or his Assigns, for the other Half. Provided always that a Preference be given to any Buyer nam'd by the said Sir Robert, or his Assigns, or his or their Agents, on Condition however that such Buyer shall give a better Price than has before been offer'd.

ART. V. That on the Death, or Surrender of the Factors, or upon Dislike of their Management, it is always to be understood that a Majority of the Purchasers shall have Power to ehuse new ones in their Places.

ART. VI. That on closing the Book of Subscription, due Notice shall be given, and the Purchasers shall meet, and chuse by Majority of Voices, (every twenty Acres entitling to a Vote) * such Person or Persons as they think best qualified to act, as their Factors, in the Trust abovemention'd, and such Factor, or Factors, shall in Consideration of their Trouble, be allow'd over and above their necessary Charges in the Management, such Gratuity as the Purchasers think reasonable out of the respective Dividends, which they from Time to Time, shall pay to the said Purchasers.

ART. VII. On Payment of the first Half the Purchase Money, the Purchasers shall severally receive an Instrument in Form following.

-Day of This witnesseth, that A. B. did on this1717. Subscribe the Sum of Pounds, towards Establishment of a new Colony, in the Margravate of Azilia in Carolina, and paid down one half of the said Sum; in Consideration where

C

of, and of the remaining Half to be paid, as by the Articles provided, the said A. B. is for himself, his Heirs, or Assigns admitted as Proprietor of -Acres of Land in the said Margravate. The whole Rents, Products, Profits, and Advantages of which- -Acres are absolutely vested in the said A. B. his Heirs, or Assigns for ever, as they shall arise, and accrue yearly. by virtue of a General Management, as by the Articles provided, at the Cost of Sir Robert Mountgomry, or his Assigns, without Charge, or Trouble to the said Proprietor under the Penalties express'd and covenanted in a Deed to that End executed and enroll'd in the High Court of Chancery, for perpetual Proof of the Security therein provided. In Witness whereof, I the abovemention'd Sir Robert Mountgomry, have hereunto set my Hand, the Day and Year first above-written.

R. Mountgomry.

ART. VIII. And for Encouragement of those, who shall considerably Interest themselves in this Affair. Whoever shall Subscribe the Sum of Five Hundred Pounds, for Purchase of two hundred and fifty Acres, as abovemention'd, shall, over and above his yearly Profits from the said two Hundred and Fifty Acres, be entitled to one of the Estates of a Mile Square, or 640 Acres, in the first District, which shall be settled, as in the Cut describ'd. And shall for himself, his Heirs, and Assigns for ever, be put in Possession of the said Estate of 640 Acres, together with a House built on it, and the Ground ready clear'd to his Hand, without any Charge to him, or his Assigns, as soon as such first District shall be measur'd out, and settled; The said Estate to be cultivated at his Pleasure and for his Profit, by Himself, or his Agents, on Condition only, that if he shall not himself think. fit to go over, and inhabit it, the Person he sends over in his Stead, shall be no ordinary Overseer, but a Gentleman well qualified, of a liberal Education, who is married, and carries with him a genteel well bred Family.

ART. IX. Over and above the Regard, which may naturally be expected to the Recommendation of Purchasers, in Disposal of Offices, and furnishing the various Supplies from Time to Time needful, it will be fit that some particular Encouragement be given to such, as shall be early Promoters of the Undertaking; because in this, as in all great Affairs, Expedition is the main Life of Business, and the necessary Preparations will require so much Time, that if the Subscription is suddenly compleated, it will turn to the extraordinary Benefit of the Design, and all concern'd in it; It is therefore hereby made an Article, that the first hundred Subscribers (to be known by the Numbers on their Instruments) whether they Subscribe more, or less, shall have, and be firmly entitled in all Dividends, to an additional Share of Profit,