A Discourse Concerning the Design'd Establishment of a New Colony to the South of Carolina, in the Most Delightful Country of the Universe

Front matter

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Concerning the design'd

Establishment

Discourse

IT will perhaps afford some Satisfaction to the Gentlemen of Carolina, to know, that my Design arises not from any sudden Motive, but a strong Bent of Genius I inherit from my Ancestors: One of whom was among those Knights of Nova Scotia purposely created near a hundred Years ago, for settling a Scots Colony in America. But the Conquest of that Country by the French prevented his Design, and so it lies on his Posterity to make good his Intentions for the Service of their Country.

The Humour however Descended, and ran down with the Blood: For my Father was so far of this Opinion, that, together with Lord Cardross the late Earl of Buchan, and some other Gentlemen, he enter'd into Measures for Establishing a Settlement on Port-Royal River in South-Carolina, and Lord Cardross went thither in Person; but the Spaniards dislodg'd them, and destroy'd the Plantation: Advantage being taken of some Confusions, which arose through the want of full Powers, and distinct Jurisdiction.

The charming Descriptions, which on this last Occasion, I met with, of the natural Sweetness, and Beauties, of Carolina, inspir'd me with an early Affection to that Place, in particular. But the Wars intervening, and calling for my Sword, in the more immediate Service of my Country, gave me no Opportunity to put in Practice certain Schemes which occur'd, effcetually forming a Settlement there, till just now; when together with some of my Friends, who unite their Endeavours with mine, I am like, by continuance of the Indian Disturbances, to enjoy my own Wish, with the Additional Pleasure of being useful to the Province.

Tho' our Design does not altogether depend on the Subscription of Purchasers, herein propos'd, yet our own Stock so encreas'd will be made more effectual, and we shall give at the same Time an Opportunity to many of Sharing in our Benefits, who cou'd not be otherwise concern'd in the Undertaking.

If therefore, the Offer, which we make, shall meet with En- couragement, twill, by Dividing our Burthen, somewhat lighten it; If it fails, 'twill no further Disappoint us, than as it leaves us to do That alone, which might better, be done with the expected Assistance.

R. Mountgomry.

Of the Motives, and Foundation of the Undertaking

Of the Motives, and Foundation of the Undertaking.

PLANTATIONS of new Countries, says the Great Lord Bacon, are among the Primitive, and most Heroick Works of Man. They are meritorious in a double Sense; Religiously, as they illuminate the Souls of Heathens through the Darkness of their Ignorance, and Politically, as they strengthen the Dominion, which sends out the Colony, and wonderfully more than any other Means enrich the Undertakers.

But as such Attempts are Great, so also are they Dangerous. One early Caution easily secures their future Benefits; one little Error in Foundation overthrows the Building. It is to a Defect in setting out, that all our noble Colonies upon the Western Continent have ow'd their Disappointments; To a want of due Precaution in their Forms of Settling, or rather, to their settling without any Form at all: The Planters grasp'd at an undue Extent of Land, exceeding their Capacity to manage, or defend: This scatter'd them to Distances unsafe, and solitary, so that, living in a Wilderness, incapable of mutual Aid, the necessary Artizans found no Encouragement to dwell among them; Their Wood remain'd unclear'd; their Fens undrain'd; The Air by that Means prov'd unhealthy, and the Roads impassable; For want of Towns, and Places of Defence, they suddenly became a Prey to all Invaders even the unformidable Indians took Advantage of the Oversight; and Carolina, is, at present, groaning under a most bloody Persecution, from a wild and despicable Kind of Enemy, who had not dar'd to think of the Attempt, but from an Observation daily made, how open and unguarded they might take the English.

From these Examples, and the Neighbourhood of the intended Settlement to Carolina thus distress'd, our future Eden, made early wise by Dangers, which she feels not, would not only fix her Foot upon a firm Foundation, so as to resist a Storm Herself, but she wou'd also spread her Wings to a Capacity of Shadowing Others: A British Colony, shou'd like the Roman, carry with it always something of the Mother's Glory.

Excited therefore, by an earnest Inclination to establish such a Settlement, as may, by new Means, yield new Benefits, as well in Wealth, as Safety, and resolving to proceed upon a Scheme

entirely different from any hitherto attempted, and which appears to promise great, and inexpressible Advantages; the Grant on which we found the Undertaking, will be seen in the following Abstract.

"THe underwritten Palatine and Lords Proprietors of the Province of Carolina, do on the Considerations herein after mention'd, grant, sell, alien, release, and confirm to Sir Robert Mountgomry, Baronet, his Heirs, and Assigns, for ever, all that Tract of Land, which lies between the Rivers Allatamaha, and Savanna, together with the Islands, Ports, Harbours, Bays, and Rivers on that Part of the Coast, which lies between the Mouths of the said two Rivers to the Seawards and moreover all Veins, Mines, and Quarries of Gold, and Silver, and all other whatever, be they of Stones, Metals or any other Things found, or to be found within that Tract of Land, and the Limits aforesaid; With Liberty over and above to make Settlements on the South Side of Allatamaha River, which Tract of Land the said underwritten Lords do erect into a distinct Province, with proper Jurisdictions, Priviledees, Prerogatives, and Franchises, Independent of, and not Subject to the Laws of South Carolina, to be holden of the said Lords by Sir Robert, his heirs, and Assigns for ever, under the Name and Title of the Margravate of Azilia; at and under the yearly Quitrent of one Penny Sterling per Acre, or its Value in Goods, or Merchandise, as the Land shall he occupied, taken up, or run out: Payable yearly to the Lords Proprietors Officers at Charles-Town, but such Payment not to commence, till three Years after Arrival of the first Ships there, which shall he sent over to begin the Settlement: over and above which Penny per Acre, Sir Robert, his Heirs, and Assigns, shall also yield, and pay to the Lords Proprietors, one fourth Part of all Gold, or Silver Oar, besides the Quota reserv'd to the Crown out of the said Royal Minerals: Distinct Courts of Judicature to he erected, and such Laws enacted within the Margravate, by and with the Advice, Assent, and Approbation of the Freemen thereof in Assembly, as shall be most conducive to the Utility of the said Margravate, and as near as may be conveniently agreeable to the Laws, and Customs of England, but so as such Laws do not extend to lay Duties or Custom, or other Obstruction upon the Navigation of either of the said Rivers, by any Inhabitant of South, or North Carolina, or their free Commerce and Trade with the Indian Nations, either within, or to the Southward of the Margravate, Sir Robert consenting that the same Duty shall be charg'd on Skins within the Margravate, which at this Time stands charg'd on such Skins in South Carolina, and appropriated to the Maintenance of the Clergy there, so long as that Duty is continued in South Carolina, but the said Duty shall not be encreas'd in Azilia, tho' the Assembly of South Carolina shou'd think fit to encrease it there, nor shall it longer continue to be paid, than while it shall remain appropriated, as at present, to the Maintenance of the Clergy only: In Consideration of all which Powers, Rights, Priviledges, Prerogatives, and Franchises, Sir Robert shall Transport at his own Expence, a considerable Number of Families with all Necessaries for making a new Settlement in the said Tract of Land, and in Case it be neglected for the Space of three Years from the Date of this Grant, The then Grant shall become void, any Thing herein contain'd to the contrary notwithstanding. Dated June the Nineteenth, 1717.

A Description of the Country

A Description of the Country.

IT lies about the 31st and 32d Degree of Northern Latitude, is bounded Eastward by the great Atlantick Sea, To the West by a Part of the Apalachian Mountains, and to the North and South by the two great Rivers, mention'd in the Grant.

In the Maps of North America it may be taken Notice of, how well this Country lies for Trade with all our Colonies, and in Regard to every other Prospect, which can make a Situation healthy, profitable, lovely, and inviting; Florida, of which it is a Part, receiv'd that Name from its delightful, florid, and agreeable Appearance.

It has been commonly observ'd, that gay Descriptions of new Countries raise a Doubt of their Sincerity. Men are apt to think the Picture drawn beyond the Life, to serve the Interest of the Representer: To shun the Prejudice of this Opinion, whatever shall be said upon the Subject here, is all extracted from our English Writers, who are very numerous, and universally agree, that Carolina, and especially in its Southern Bounds, is the most amiable Country of the Universe That Nature has not bless'd the World with any Tract, which can be preferable to it, that Paradise with all her Virgin Beauties, may be modestly suppos'd at most but equal to its Native Excellencies.

It lies in the same Latitude with Palestine Herself, That promis'd Canaan, which was pointed out by God's own Choice, to bless the Labours of a favourite People; It abounds with Rivers, Woods, and Meadows. Its gentle Hills are full of Mines, Lead, Copper, Iron, and even some of Silver; 'Tis beautiful with odorderous Plants, green all the Year, Pine, Cedar, Cypress, Oak, Elm, Ash, or Walnut, with innumerable other Sorts, both Fruit or Timber Trees grow every where so pleasantly that tho’ they meet at Top, and shade the Traveller, they are at the same Time, so distant in their Bodies, and so free from Underwood, or Bushes, that the Deer, and other Game, which feed in Droves along these Forests, may he often seen near half a MiLe between them.

The Air is healthy, and the Soil in general fruitful, and of infinite Variety; Vines, naturally flourishing upon the Hills, bear Grapes in most luxurant Plenty. They have every Growth, which we possess in England, and almost every Thing that England wants besides. The Orange, and the Limon thrive in the same common Orchard with the Apple, and the Pear-Tree, Plumbs, Peaches, Apricots, and Nectarins, bear from Stones in three Years growing. The Planters raise large Orchards of these Fruits to feed their Hogs with; Wheat Ears have been measur'd there seven Inches long, and they have Barly, Beans, Pease, Rice, and all our Grains, Roots, Herbs, and Flowers not to speak of Numbers of their own, which we can find no Names for; Beef, Mutton, Pork, Tame Poultry, Wild Fowl, Sea and River Fish, are all there Plentiful, and most at lower Rates, than in the cheapest Parts of Wales, or Scotland.

The many Lakes, and pretty Rivulets throughout the Province, breed a Multitude of Geese, and other Water Fowl; The Air is found so temperate, and the Seasons of the Year so very regular, that there is no Excess of Heat, or Cold, nor any sudden Alterations in the Weather; The River Banks are cover'd with a strange Variety of lovely Trees, which being always green, present a thousand Landskips to the Eye, so fine, and so diversified, that the Sight is entirely charm'd with them; the Ground lies sloping towards the Rivers, but, at a Distance rises gradually, and intermingles like Hills of Wood with fruitful Plains, all cover'd over with wild Flowers, and not a Tree to interrupt the Prospect: Nor is this tempting Country yet inhabited, except those Parts in the Possession of the English, unless by here and there a Tribe of wandering Indians, wild and ignorant, all artless, and uncultivated, as the Soil, which fosters them.

Of the Form propos'd in Settling

Of the Form propos'd in Settling.

OUR Meaning here relates to what immediate Measures will be taken, for Security against the Insults of the Natives, during the Infancy of our Affairs; To which End we shall not satisfie ourselves with building here and there a Fort, the fatal Practice of America, but so dispose the Habitations, and Divisions of the Land, that not alone our Houses, but whatever we possess, will be enclos'd by Military Lines, impregnable against the Savages, and which will make our whole Plantation one continued Fortress.

It need not be suppes'd, that all the Lands will thus he fortified at once; The first Lines drawn will be in just Proportion to the Number of Men they enclose; As the Inhabitants enerease, New Lines will be made to enclose them also, so that all the People will be always safe with a well defended Lime of Circumvallation.

The Reader wall allow, it is mot necessary, that these Retrenchments be of Bulk, like those of Europe; small Defence is strong against the poor unskilful Natives of America; They have accomplish’d all their bloody Mischief by Surprizes, and Incursions, but durst never think of a Defyance to Artillery.

The Massacres, and frequent Ruins, which have fallen upon some English Settlements for want of this one Caution, have sufficiently instructed us, that Strength, producing Safety, is the Point, which shou'd be chiefly weigh'd in such Attempts as these: Solon had Reason when he said to Cræfus, looking on his Treasure—, You are rich indeed, and so far you are mighty; But if any Man shou'd come with sharper steel then Yours, how easily will he be made the Master of your Gold?

At the Arrival therefore of the first Men carried over, proper Officers shall mark, and cause to be entrench'd a Square of Land in just Proportion to their Number; On the Outsides of this Square, within the little Bastions, or Redoubts of the Entrenchment, they raise light Timber Dwellings, cutting down the Trees, which every where encompass them: The Officers are quartered with the Men, whom they command, and the Governour in Chief is plac'd exactly in the Center: By these means the labouring People (being so dispos'd, as to be always watchful of an Enemies Approach) are themselves within the Eye of those, set over them, and All together under the Inspection of their Principal.

The Redoubts may he near enough to defend Each other with Musquets, but Field Pieces, and Patarero's will be planted upon Each, kept charged with Cartridge shot, and Pieces of old Iron; Within these Redoubts are the Common Dwellings of the Men who must defend them; Between them runs a Palisadoc'd Bank. and a Ditch, which will be Scour'd by the Artillery, One Man in Each Redoubt kept Night and Day, upon the Guard, will give alarm upon Occasion to the others at their Work. So they cultivate their Lands, Secure their Cattle, and follow their Business with great Ease, and Safety. Exactly in the Centre of the inmost Square will be a Fort, defended by large Cannon, pointing Every way, and capable of making strong Resistance, in Case some Quarter of the outward Lines shou'd chance to be surpriz'd, by any sudden Accident, which yet with tolerable Care wou'd be impracticable.

The Nature of this Scheme, when weigh'd against the Ignorance, and wildness of the Natives, will shew, that Men thus settled, may at once defend, and cultivate a Territory, with the utmost Satisfaction, and Security, even in the Heart of an Indian Country, Then how much rather in a Place considerably distant from the Savage Settlements.

As the Numbers shall encrease, and they go on to clear more Space of Land, they are to regulate their Settlements with like Regard to Safety, and Improvement: And indeed the Difference, as to Time, and Labour, is not near so great as may be thought, betwixt enclosing Land this Way, and following the dangerous common Method; But what is here already said will serve the End, for which it has been written, which was only to give a general Notion of the Care and Caution we propose to act with.

It will not, however, be amiss, as you have seen the first rude Form of our Azilia in her Infancy, to view her also in the Fulness of her Beauty; And to that End we have affix'd a Plan of one whole District, clear'd, planted, and inhabited; For as the Country thrives, all future Townships will be form'd according to this Plan, and measur'd out as near Each other as the Rivers, Hills, and other natural Impediments will any way admit of.

But least it shou'd be fear'd from the Correctness of this Model, that twill be a Work of too great Difficulty, and require a mighty Length of Time to bring it to perfection, we think it proper to declare, that Purchasers will not be obliged to wait this Form of Settlement, but are entitled to the immediate Profits of peculiar Lands, assign'd them, from the very first Arrival of the Colony; which Lands, being set apart for that Purpose, will be strongly enclos'd, and defended by the Lines, or Entrenchments before mention'd.

Neither wou'd we have it thought a Labour so tedious, as 'tis generally fancy'd, to establish in this manner a Colony, which may become not only an Advantage, but a Glory to the Nation: We have Prospects before us most attractive, and unprecedented, in the three tempting Points Wealth, Safety, and Liberty: Benefits, like these, can never fail of drawing Numbers of Inhabitants from Every Corner: And, Men once got together, 'tis as easy to dispose them regularly, and with due Regard to Order, Beauty, and the Comforts of Society, as to leave them to the Folly of fixing at Random, and destroying their Interest by indulging their Humour; So that we have more than ordinary Cause to expect. that in a very short Time, we shall be able to present the solid Life its self, as now we give the Shadow only, in the following Explanation.

You must suppose a level, dry, and fruitful Tract of Land, in some fine Plain or Valley, containing a just Square of twenty Miles Each Way, or two hundred and fifty six thousand Acres, laid out, and settled, in the Form, presented, in the Cut annex'd.

The District is defended by sufficient Numbers of Men, who, dwelling in the fortified Angles of the Line, will be employ'd in cultivating Lands, which are kept in Hand for the particular advantage of the Margrave; These Lands surround the District just within the Lines, and every where contain in Breadth one Mile exactly.

The Men, thus employ'd, are such, as shall be hir'd in Great Britain or Ireland, well disciplin'd, arm'd, and carried over, on Condition to serve faithfully for such a Term of Years, as they before shall agree to; And, that no Man may be wretched in so happy a Country, at the Expiration of those Peoples Time; besides some other considerable, and unusual Incouragements, all such, among them, who shall marry in the Country, or come married thither, shall have a Right of laying claim to a certain Fee-Farm, or Quantity of Land, ready clear'd, together with a House built upon it, and a stock sufficient to improve, and cultivate it, which they shall enjoy, Rent, and Tax free, during Life, as a Reward for their Services; By which Means two very great Advantages must naturally follow: Poor labouring Men, so secur'd of a fix'd future Settlement, will be thereby induc'd to go thither more willingly; and act, when there, with double Diligence, and Duty; And when their Time expires, possessing just Land enough to pass their Lives at Ease, and bring their Children up honestly, the Families they leave will prove a constant Seminary of sober Servants, of Both Sexes, for the Gentry of the Colony; whereby they will be under no necessity to use the Dangerous Help of Blackamoors, or Indians; The Lands set apart for this Purpose, are two Miles in Breadth, quite round the District, and lie next within the Margraves own reserv'd Lands abovemention'd.

The 116 Squares, Each of which has a House in the Middle, are, Every one a Mile on Each Side, or 640 Acres in a Square, bating only for the High Ways, which divide them; These are the Estates, belonging to the Gentry of the District, who, being so confin'd to an Equality in Land, will be profitably Emulous of out doing Each other in Improvement, since that is the only way, left them to grow richer than their Neighbours; And when the Margravate is once become strong enough to form many Districts, the Estates will be all given gratis, together with many other benefits, to honest and qualified Gentlemen in Great Britain, or elsewhere, who having Numerous and well-educated Families, possess but little Fortunes, other than their Industry; and will therefore be chosen to enjoy these Advantages, which they shall pay no Rent, or other Consideration for; and and yet the Undertaking will not tail to find its own Account in their Prosperity.

The four great Parks, or rather Forrests, are Each four Miles Square, that is 16 Miles round each Forrest, in which are propagated Herds of Cattle of all Sorts by themselves, not alone to serve the uses of the District, they belong to, but to store such New Ones, as may from Time to Time be measur'd out, on Affluence of People.

The Middle hollow Square, which is full of Streets crossing each other, is the City, And the Bank, which runs about it, on the outside surrounded with Trees, is a large void Space, which will be useful for a thousand Purposes, and, among the rest, as being airy, and affording a fine Prospect of the Town in Drawing near it.

In the Center of the City stands the Margraves House, which is to be his constant Residence, or the Residence of the Governour, and contains all sorts of publick Edifices for Dispatch of Business; and this again is separated from the City by a Space, like that, which, as above, divides the Town from the Country.

Of some Designs in View for making Profit

Of some Designs in View for making Profit.

OUR Prospects in this Point, are more entensive than we think it needful to discover; It were a Shame shou'd we confine the Fruitfulness of such a rich and lovely Country to some single Product, which Example first makes common, and the being common robs of Benefit. Thus Sugar in Barbadoes, Rice in Carolina, and Tobacco in Virginia, take up all the Labours of their People, overstock the Markets, stifle the Demand, and make their Industry their Ruin, merely through a Want of due Reflection on Diversity of other Products, equally adapted to their Soil and Climate.

Coffee, Tea, Figs, Raisins, Currents, Almonds, Olives, Silk, Wine, Cochineal, and great Variety of still more rich Commodities, which we are forc'd to buy at mighty Rates from Countries, lying in the very Latitude of our Plantations: All these we certainly shall Propagate, tho' it may Perhaps be said, that they are yet but distant Views; mean while, we shall confine our first Endeavours to such easy Benefits, as will (without the smallest waiting for the Growth of Plants) be offer'd to our Industry, from the spontaneous Wealth, which overruns the Country.

The Reader may assure himself, our Undertakings upon all Occasions, will be the plainest, and most ready Roads to Profit: not form'd from doubtful, and untried Conceits, nor hamper'd by a Train of Difficulties; none are more apt than we to disregard Chimerical, or rash Designs; but 'tis the Business of Men's Judgment to divide Things plain from Things unlikely.

We cannot think it proper to be too particular upon this Subject, nor will it, we suppose, be expected from us: One Example, however, we will give, because we wou'd present a Proof, that much is practicable there, which has not yet been put in Practice; we shall Pitch on Pot-ash, a Commodity of great Consumption in the Trades of Dying, Glass-making, Soap-boiling and some others; not that this is the only present Prospect which we build on, but as 'tis necessary we shou'd particularize one Benefit, that others may be credible.

And here it will not be amiss, if we describe what Pot-ash is, and how they make it; since, 'tis likely, some may have attempted it already, in the Forests of America, and miscarried, by depending upon ignorant Undertakers.

It is not very properly indeed call'd Pot-ash, not being any kind of Ashes, but the fix'd, and vegetable Salt of Ashes, which, if mix'd with Water, melts away, and turns to Lye; For this Reason 'tis preferr'd to all other Lixiviate Ashes, Foreign, or Domestick, which, not being perfect Salts, but Ashes of Bean-Straw, and other Vegetables, made stronger by the Help of Lye, bear no Proportion, as to Price, with Pot-ash itself, which is, as we said before, the pure Salt without any of the Ashes.

To procure this Salt, in Russia, and the Countries famous for it, they burn great Quantities of Oak, Firr, Birch, and other Woods, cut down, when flourishing, and full of Sap; The Ashes they throw into Boilers, or huge Caldrons full of Water, and extract a thick, sharp Lye by boiling; They let this Lye grow clear by settling, and then draw it off, and throw away the Ashes left at Bottom.

This Lye, so clarified, they boil again, and as the Watry Part evaporates apace, they supply the Waste thro' a small Pipe, from another Vessel of the same Sort of Lye, set higher than the Boiler; At last, by a continued Evaporation, the whole Vessel becomes full of a thick brownish Salt, which being dug out in Lumps, and afterwards calcin'd, compleats the Work, and gives a Colour to the Pot-ash, like a whitish Blue, in which Condition it is barrell'd up, and fit for Merchants.

Nothing can be plainer, or more easy than this Practice in our intended Settlement; As to the Boilers, which have ever been the great, and terrifying Expence and Encumbrance of this Work, we shall extreamly lessen, and reduce that Charge almost to nothing, by some new Methods, being an experienc'd Invention, wherein we use neither Copper, Lead, Iron, nor other Mineral whatsoever, and (that excepted) there is no Material necessary, but Wood only; For Wood cut down, and burnt upon the Ground, affords the Ashes; The Rivers every where abounding in that Country furnish Water; Ashes, and Water boil'd together, yield the Lye; The Lye evaporated, leaves behind the Salt, and that very Salt calcin'd, becomes the Pot-ash, and it is pack'd, and sent away in Barrels, made and hoop'd there also.

From due Consideration of these Circumstances, it appears, that this must be a rich, and gainful Undertaking in a Country where the greatest Quantities of Timber, and the finest in the World, cost nothing but the Pains of cutting down, and burning, on the Banks of Navigable Rivers; where the enlivening influence of the Sun prepares the Trees much better for this Practice, than in colder Climates, and where stubbing up the Woods, which cover all the Settlement, will give a sure, and double Benefit; for first they yield this valuable Traffick Potash, and afterwards leave clear the Ground, they grow on, for producing yearly Crops of such Commodities, as are most profitable, and fittest for the Country.

Thus, having faintly touch'd the outward Lines, and given some Prospect of our Purpose, we proceed to the Conditions. upon which we will admit of Purchasers.

The Proposal

The

NOTE that, for the Purchasers Security, and effectually making good their Claim, as well to the Land, which they shall buy, as to all the other Benefits propos'd in the following Articles, The whole Country, and its Improvements in all Times to come, is settled as a Mortgage and made liable in manner, as here under recited, in which such unusual, and equitable Regard has been had, for avoiding all Charge, or Delay, in Respect to the Distance of Countries, and the Difficulties, which might thence be suspected to arise, in obtaining Satisfaction by the ordinary Course of the Laws, that nothing of Form, or Expence will be necessary; but, on the first Breach of Covenant, an Easy and immediate Possession may be taken of the forfeited Province, and for ever maintain'd against all kind of Pleas or Pretences for the use of the Purchasers. And, that perpetual and unobjectionable Testimony may remain, for the more absolute securing the

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

TO All to whom these Presents shall come I Robert Mountgomry of Skelmorley in the Sheridon of Aire in North-Britain 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 Montgoury, 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, with 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 then, 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 cluse by a Majority of their Voices, and send over to that Purpose: And that no possible Let, or Impediment, on my 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 he 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 pronuc'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 Tince 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.