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Contract between Christoph von Graffenried and Lewis Mitchell and agents of Anne, Queen of Great Britain concerning land in North Carolina
Graffenried, Christoph von, Baron, 1661-1743; Mitchell, Lewis
October 10, 1709
Volume 01, Pages 986-990

[Reprinted from Williamson's History of North Carolina. Vol. 2. P. 275.]
DE GRAFFENRIED'S CONTRACT FOR THE PALATINES.

Articles of agreement, indented and made, published and agreed upon, this tenth day of October Anno Domini One thousand Seven hundred and nine, and in the eigth year of the reign of our Sovereign lady Anne, by the Grace of God queen of Great Britain, France and Ireland, defender of the faith, between Christopher de Graffenrid of London Esq. and Lewis Mitchell of the same place Esq. of the one part, and Sir John Philips bart, Sir Alexander Cairnes bart. Sir Theodore Janson Knt, White Kennet D. D. and dean of Peterborough, John Chamberlain Esq. Frederick Slore, doctor of Physic, and Mr Micajah Perry merchant, seven of the Commissioners and trustees nominated and appointed by her Majesty's late gracious letters patent, under the great seal of Great Britain, for the collecting, receiving and disposing of the money to be collected for the subsistence and settlement of the poor Palatines lately arrived in Great Britain, on the other part.

Whereas the above named Christopher de Graffenrid and Lewis Mitchell have purchased to themselves and their heirs in fee, and are entitled to a large tract of land in that part of her Majesty's dominions

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in America called North Carolina, which now lies waste and uncultivated for want of inhabitants; and they the said Christopher de Graffenrid and Lewis Mitchell have applied themselves to the Commissioners appointed by the letters patent above mentioned for the subsistence and settlement of the poor distressed Palatines, that some number of the said poor Palatines may be disposed of and settled in the said tract of land in North Carolina aforesaid, as well for the benefit of the said Christopher de Graffenrid and Lewis Mitchell as for the relief and support of the said poor Palatines.

And whereas, the said Commissioners have thought fit to dispose of for this purpose six hundred persons of the said Palatines, which may be ninety-two families more or less, and have laid out and disposed of to each of the said six hundred poor Palatines the sum of twenty shillings in clothes, and have likewise paid and secured to be paid to the said Christopher de Graffenrid and Lewis Mitchell the sum of five pounds ten shillings lawful money of Great Britain for each of the said six hundred persons, in consideration of and for their transportation into North Carolina aforesaid, and for their comfortable settlement there.

It is constituted, concluded and agreed, by and with the said parties to those presents in manner following:

In primis, that the said Christopher de Graffenrid and Lewis Mitchell, for the consideration aforesaid, at their own proper costs and charges shall, within the year —— next after the date hereof embark or cause to be embarked on ships board, in and upon two several, ships, six hundred of such of the said poor Palatines as shall be directed by the said commissioners, which together may in all make up ninety-two families more or less, and cause the said persons to be directly transported to North Carolina aforesaid, providing them with food and other necessaries during their voyage thither.

Item, that upon the arrival of the said six hundred poor Palatines in North Carolina aforesaid, the said Christopher de Graffenrid and Lewis Mitchell shall, within three months next after their said arrival there, survey and set out or cause to be surveyed and set out, by metes and bounds, so much of the said tract of land above mentioned as shall amount to two hundred and fifty acres for each family of the said six hundred poor Palatines, be they ninety-two families more or less; and that the said several two hundred and fifty acres for each family be as contiguous as may be for the more mutual love and assistence of the said poor Palatines one to another, as well with respect to the exercise of their religion as the management of their temporal affairs.

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And for avoiding disputes and contentions among the said Palatines in the division of the said several two hundred and fifty acres of land, It is agreed, that the said land, when so set out by two hundred and fifty acres to a family, be divided to each family by lot.

Item, that the said Christopher de Graffenrid and Lewis Mitchell, their heirs executors or administrators, within three months next after the arrival of the said poor Palatines in North Carolina aforesaid, shall give and dispose of unto the said poor Palatines and to each family, by lot, two hundred and fifty acres of the tract of land above mentioned and by good assurances in law grant and convey the said several two hundred and fifty acres to the first and chief person or persons of each family their heirs and assigns for ever: to be held the first five years thereafter without any acknowledgement for the same, and rendering and paying unto the said Christopher de Graffenrid and Lewis Mitchell, their heirs executors and administrators, for every acre the sum of two pence lawful money of that country yearly and every year after the said term of five years.

Item, that for and during one whole year after the arrival of the said poor Palatines in North Carolina aforesaid, the said Christopher de Graffenrid and Lewis Mitchell shall provide, or cause to be provided for, and deliver to the said poor Palatines sufficient quantities of grain and provision and other things for the comfortable support of life; but it is agreed, that the said poor Palatines respectively shall repay and satisfy the said Christopher de Graffenrid and Lewis Mitchell, their heirs executors and administrators, for the full value of what they shall respectively receive on the amount at the end of the first year then next after.

Item, that the said Christopher de Graffenrid and Lewis Mitchell, at their own proper costs and charges within four months after their arrival there, shall provide for the said Palatines and give and deliver or cause to be given or delivered to them, for their use and improvement, two cows and two calves, five sows with their several young, two ewe sheep and two lambs, with a male of each kind, who may be able to propagate; that at the expiration of seven years thereafter each family shall return to the said Christopher de Graffenrid and Lewis Mitchell, their heirs or executors, the value of the said cattle so delivered to them, with a moiety of the stock then remaining in their hands at the expiration of the said seven years.

Item, that immediately after the division of the said two hundred and fifty acres among the familes of the said Palatines, the said Christopher de Graffenrid and Lewis Mitchell shall give and dispose of gratis to each

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of the said Palatines a sufficient number of tools and implements for felling of wood and building of houses, &c.

And lastly, it is covenanted, constituted and agreed, by and between all parties to these presents, that these articles shall be taken and construed in the most favorable sense for the ease comfort and advantage of the said poor Palatines intending to settle in the country or province of North Carolina; that the said poor Palatines, doing and performing what is intended by these presents to be done on their parts, shall have and enjoy the benefits and advantages hereof without any further or other demand of and from the said Christopher de Graffenrid and Lewis Mitchell, their heirs executors or administrators or any of them; and that in case of difficulty it shall be referred to the Governor of the county or province of North Carolina, for the time being, whose order and directions, not contrary to the intentions of these presents, shall be binding upon the said Christopher de Graffenrid and Lewis Mitchell, his heirs executors and administrators, as to the said poor Palatines.

Witness whereof the said parties to these presents have interchangeably set their hands and seals the day above written.

JOHN PHILIPS, (L. S.)
ALEXANDER CAIRNES (L. S.)
WHITE KENNET, (L. S.)
JOHN CHAMBERLAIN (L. S.)
FREDERICK SLORE, (L. S.)
MICAJAH PERRY (L. S.)

Sealed and delivered by the within named Sir John Philips, Alexander Cairnes, White Kennet, John Chamberlain, Frederick Slore, Micajah Perry, having two six penny stamps. In presence of us.

WILLIAM TAYLOR,
JAMES de PRATT.

We the within named Christopher de Graffenrid and Lewis Mitchell, for ourselves, our heirs, executors and administrators, do hereby covenant and agree to and with the Commissioners and trustees within written, for and upon the like consideration mentioned, to take and receive fifty other persons in families of the poor Palatines, to be disposed of in like manner as the six hundred poor Palatines within specified, and to have and receive the like grants, privileges, benefits and advantages as the said six hundred Palatines have, may or ought to have, in every article and clause within written, and as if the said fifty Palatines had been

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comprised therein, or the said articles, clauses and agreements had been here again particularly repeated and recited on to them.

Witness our hands and seals, this 21st day of October, A. D. 1709.

CHRISTOPHER de GRAFFENRID,
LEWIS MITCHELL.
Sealed and delivered this agreement in the presence of
Wm TAYLOR,
JAS. de PRATT.