USA > South Carolina > A sketch of the history of South Carolina to the close of the proprietary government by the revolution of 1719. With an appendix containing many valuable records hitherto unpublished > Part 21
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" I desire you further to consider the consequence that attends that assertion-of the charter being for- feited-before judgment is given upon the same. For if it be so, then the forfeiture must be from the time that the fact was committed that caused the forfeiture ; and then you must remember, that by the charter the lords have granted to them not only the power of ordering the government, but also the lands are granted to them by the said charter. So that if there is a forfeiture of the rights and prerogatives
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of the government, there is also a forfeiture of their rights to the lands and to grants made by their author- ity of any lands, since the fact committed that caused the forfeiture, according to your own doctrine and assertion, must be null and void. And, therefore, how many persons' titles to their lands will become void, I leave you to consider. And though it may be your will to assign some new late fact by which you may think to avoid the ill consequences that attend the titles to the lands, yet know, that the facts that you assign may not be the only ones that may be thought to have made the forfeiture of their charter. And if your present assertion is true, that they may be dispossessed before a judgment, it may be other per- sons may assign other causes of the forfeiture, beside those which you assign, which may have been com- mitted many years ago. For you cannot but know there have been persons in the province, that for several years past have publicly asserted that the lords have done facts for which their charter was become forfeited ; which, if so, I leave you to consider what a gate you will leave open to call in question, nay, utterly destroy, several hundreds of people's titles to their lands. And though you have most unjustly and untruly suggested to the people, to create a prejudice in them to the lords proprietors, that their lordships designed to dispute their titles to their lands ; yet, by this assertion and practice, you are the persons that will not only call in question, but effectually destroy their titles.
"And if you persist in disowning the council as now authorized, then I desire you further to consider,
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in what capacity I can act with you, and to what purpose you pretend to sit and transact the public business of the province. You know very well I am not able to join you in passing any law without the consent of my council ; and surely you cannot pre- tend to pass laws without me; and what an absolute occasion there is now to pass some laws, that the province may be put in a posture of defense, and the contingent charges thereof defrayed, I leave you seriously to consider, and hope you will not lose the whole province to the enemy for your own humors. But I am further to tell you that, in case you con- tinue to deny the authority of the council, you can- not properly style yourselves the representatives of the people; for you know very well you were chosen members of Assembly, pursuant to, and by virtue of the writs signed by myself and council. For it is not the people's voting for you that makes you become their representatives; the liege people of this, nor any other province, have power to convene and choose their representatives without being authorized so to do by some writ or order coming from authority law- fully impowered. And if you pretend that the writs signed by me, as governor, were sufficient; to that I answer, that I do not pretend to any such authority, .but jointly and with the consent of my council, it being the express words of my commission. Nor did I sign the writs in any other capacity than in con- junction with my council, who also signed the same. But if my signing the writs were sufficient authority for the people to choose you, then you must allow, that as the power lies solely in me to call you, it lies
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also solely in me to dissolve you. And therefore if by your actions you will force me to make use of that power, I do hereby publicly protest and declare you only must be answerable for the ill consequences that may attend such a dissolution, and for the loss of the lives and estates of the king's subjects in this province by any attack that may be made upon them by our public enemies, the Spaniards, or from the Indians, by reason of the provinces' not being put into such a posture of defense as it ought, and would, if you proceeded to transact the public business under a lawful authority; and this I would have you seriously to consider of.
"Notwithstanding stories that have been indus- triously spread to possess the people that you are the only persons who stand up for their rights and privi- leges; by which it may be you have so far engaged them in your favor, that you may have their assist- ance to enable you to commit any act of force or vio- lence upon the government and the anthority of the lords proprietors-yet know, and be assured, that the matters in dispute are of that consequence, that they must and will be decided by an authority in England having lawful jurisdiction of the same; and that there it must be law and right that must justify your claims, and not the consent and approbation of the people of Carolina, who will have no weight there, but the right and merit of the cause.
"I must further mention to you that 'tis notoriously known you have promoted two forms of associations, and have persuaded the people to sign them. llow far you can be justified at home, behooves you to con-
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sider. But as I am satisfied no matter of such pub- lic concern ought to be carried on without my know- ledge, so do I hereby require and demand of you an attested copy of both associations ; and though it may not concern me to have the names of every in- dividual person that has signed them, yet I do insist upon it, that you do acquaint me which of your own members have signed both or either of them, as also the names of such persons who have commis- sions or hold any places, civil or military, under their lordships, or of such persons who practice the law in their lordships' courts and have signed them. To what is here demanded of you I do require your plain and positive answer in express terms, and that you do in writing give me the same in a body, and under your hands."
The Convention, as they entitled themselves, after a short deliberation replied : " We have already ac- quainted you that we would not receive any message or paper from your honor, in conjunction with the gentlemen you are pleased to call your council ; therefore we must now again repeat the same, and beg leave to tell you, that the paper your honor read and delivered to us, we take no notice of, nor shall we give any further answer to it but in Great Britain." At the same time, they respectfully solicited Gov. Johnson, by an address, to assume the administra- tion in the name of the king. Grateful for their con- fidence, he was restrained by a sense of duty to the proprietors to decline their offer, desiring no favor from them than to save the province from impending
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dangers of foreign invasions, and to forbear involving it in anarchy and confusion.
The same afternoon the governor, convinced of their unyielding determination, dissolved them by proclamation. The proclamation was torn from the marshal's hands, and the Convention issued a pro- clamation in their own names, ordering all officers, civil and military, to hold their offices until further orders from themselves. Having failed on their part to bring Johnson into their interest, they elected their own governor, Col. James Moore, who was commander- in-chief of the inilitia under the former governor, and had lately been removed for his active opposition to the authority of the proprietors.
On the 21st December, Johnson hastened to town from his plantation, having heard that the people in- tended to proclaim their governor in the king's name. He despatched letters to his council to meet him, but they did not come. On the preceding Saturday, he . had had intimations of the design of the people, Mon- day having been appointed for a general review of the militia; but he had countermanded his orders, and particularly enjoined upon Col. Paris not to per- mit a drum to beat. It was with surprise therefore that he found the militia drawn up at the market place, and colors flying at the forts and on all the ships in the harbor, and preparations made for pro- claiming their governor with great solemnity. It would be tedious, says an eyewitness, to tell all that Johnson did on this occasion, running about, mena- cing some, roughly handling others, or with fair words appealing to them to desist from their purpose.
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"How dare you," said he, to his commanding officer, "to appear in arms against my orders ? In the king's name, disperse your men !" Col. Paris replied, he was obeying the orders of the Convention !- and was obliged instantly to command his men to level their muskets to shield himself from Johnson's wrath. He was attended by only one of his council and by Mr. Lloyd, who was sent by the leaders of the revolution to keep with him under pretense of friendship and adherence, and to prevent any rash action on his part. Where now were Col. Rhett and Judge Trott ? The narrative before us answers-" leaving their masters in the lurch."
When the troops began their march, Johnson's ex- citement inspired him with energy and eloquence sufficient to stop them once more and cause their line to waver in momentary hesitancy. But Sir Hoven- dine Walker, who was with them, urged the popular leaders to dissolve without delay the infatuating charm of the governor's appeal. In mingling sounds along the lines their patriotic harangues were heard, and with steady tramp the troops marched on, escort- ing the members of the Convention to the fort. The ceremonies of the day were completed ; and James Moore was proclaimed by the united acclamations of the whole people, Governor of South Carolina in the name of his majesty the King of England.
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APPENDIX.
APPENDIX.
LIST OF PAPERS, IN STATE PAPER OFFICE, LONDON; RELATING TO SOUTH CAROLINA, TO 1700.
NORTH CAROLINA, B. T., VOL. 1.
1682, May 10. Instructions for Joseph Moreton, Esq., one of the Landgraves of Carolina, and Governor of that part of our Province that lyes South and West of Cape Feare.
1682, July 31. Articles of Agreement between the Lords Pro- prietors of Carolina and the Hon'ble Sir John Cockran and Sir George Campbell, in behalfe of themselves and others designed to settle with them in Carolina.
1674, April 5. The Lords Proprietors to Governor Joseph West.
1681-2, Jan. 12. The Fundamentall Constitutions of Carolina.
1682, ?. Rules of Precedency.
1683, June 22. Lords Proprietors to " Our Governor, our De- putys & Parliam't of that part of Province of Carolina that lyes South & West of Cape Feare."
1683, Sept. 30. Lords Proprietors to the same.
1683, Sept. 30. Same appointing John Moore Receiver General of that part of Carolina that lyes South & West of Cape Fear.
1682, Aug. 17. The Fourth Fundamentall Constitutions of Carolina. [N. B. These contain much more than the third above of 12th Jan'y, and embrace 126 different Articles, instead of 120 only. ]
1682, Nov. 20. Rules for granting Land.
1682, May 18. Commission to Henry Woodward & all who are willing to attend him to search and make discoveries in " the Inland of Carolina."
1683, Sep. 30. Lords Proprietors to Gov., Council & Parliam't of Carolina South and West of Cape Fear.
1665, June 30. The Second Charter.
1684-5, Mar. 13. Lords Proprietors to Gov., &c., (as above.)
1684-5, Mar. 12. Instructions to Joseph West, Esq., one of the Landgraves, & Gov. of that part, &c., South & West, &c.
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1684, April 29. Lords Proprietor to Sir Richard Kyrle, appoint. ing him Governor.
1684, April 10. Same to Gov., Deputyes & Grand Council.
1684, June 25. Same to Sir Richard Kyrle.
1684, Mar. 4. Same to Lord Carterett.
This and the preced- ing letter relate to the settlement of the Scotch in Carolina.
1684, June 28. P. Colleton (dated St. James') to Sir Richard Kyrle, Governor at Charles Town.
1684, June 9. Lords Prop'rs to the Gov'r of that part, &c.
1684, March 25. [See Vol. 3, 1686-7, Mar. 3.] Letter from Stuart's Town on Port Royal, signed " Cardross," Will. Dunlop, " Hamilton," & " Montgomerie," to the Gov'r, &c., at Charles Town.
1684, July 17. [See Vol. 3, 1684, July 11 & 25.] Same signed " Cardrosse" only to Rob't Quary, Governor.
1684-5, Jan 10. Same, (signed by all four.)
1685, July 17. Will. Dunlop to Also Exam. & Depos. concerning Dr. Henry Woodward & his Associ- ates. Warrant from Col. John Godfrey, Pres. of the Council at Charles Town, for apprehending Lord Card- rosse, John Hamilton, &c. The Marshal's (Caleb Westbrookc's) Return, and Letter from Dr. HI. Wood- ward to Col. Godfrey, Dep'y Gov'r.
1685, Nov. 20. Declaration of twelve members of the Commons met in Parliam't Chamb'r at Charles Town, and excluded thence this 20 Nov. '85.
1685, Oct. 6. Minute of Capt. Quarry's Protest against Bernard Schenkingh being High Sheriff of Berkeley County-at a Pallatine's Court at Charles Town.
1685, Nov. 17. Warrant signed by Joseph Morton & five others to apprehend Ralph Izard, for having carried away & black box belonging to Secretary Robert Quarry, con- taining Records of the Province.
NORTH CAROLINA, B. T. VOL. 2.
Boundaries of the First & Second Patent.
1663, May 23. Minute appointing Officers, & ordaining rules for the Government of Carolina.
1663, Commission to Sir. W. Berkeley, to constitute & commissionate a Gov. for Albemarle River.
1663, ?. Instructions for Sir W. Berkeley, Gov. of Virginia, in relation to the settling & planting some part of the Pro- vince of Carolina.
1663, Sept. S. Letter from [Duke of Albemarle ?] dated from the " Cockepitt," to Sir W. Berkeley.
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1663, August 30. Same ? dated " Cockepitt," to Col. Tho. Modyford & Peter Colleton, Esq.
1663, Aug. 31. Same to Lord Willoby.
1663, Aug. 12. Proposals of several Gentlemen of Barbadocs; also letter from Col. Modyford & P. Colleton to " My Lord " [Albemarle ?], advising that persons be ap- pointed with His L'ps Instructions to treat on the above Proposals, giving power to choose a Governor, Mayor, Aldermen, &c. &c .- Answer to certain Demands & Proposals (as above) to the Lords Prop'rs of Carolina. 1663, Sept. 9. Letter from [the Lords Prop'rs ?] to in answer to the Proposals of the 12th of August.
1663, Aug. 12. Order in Council revoking all former Grants, & granting absolutely the Province of Carolina to the D. of Albemarle, &c., &c., &c.
1664, Nov. 14. Commission appointing Robert Samford, Secre- tary & Chief Register of the County of Clarendon.
1654, Nor. 20. Same appointing John Vassall, Surveyor Gen'll of same.
1664-5, Jan. 11. Same-Sir J. Ycamans, Governor of Same.
1664-5, Jan. 11. Lords Prop'rs to Sir J. Ycamans.
1664-5, Jan. 7. Boundaries of Sir J. Yeamans' Governm't.
1667, October. Commission from the Lords Prop'rs to Sam. Stephens, Gov. of Albemarle, to Grant Lands, &c. " Instruccons for o'r Governor of ye County of Albe- marle," &c .- Commissions from the Lords Prop'rs to Sam. Stephens to grant Lands upon the same terms & conditions as in Virginia.
1671, Aug. 21. Commiss'n from the Lords Prop'rs to Sir Jolin Yeamans to be. Governor of all that Part of Carolina that iyes to the Southward & Westward of Cape Carteret.
1671-2, Jan. 2d. The Lords Prop'rs to Capt. Halstead-have rec'd his Despatches-are well satisfied with his manage- ment of their affairs, and send further Instructions (10 Articles).
1671, Dec. 18. Lord Ashley's Deputation to Maurice Mat- thews, to represent him in Carolina.
1671, Dec. 30. Commiss'n appoint'g John Culpeper Surveyor General of Carolina to the South & West of Cape Carteret.
1671-1686. List of Landgraves; also of Cassiques. Do. of Deputys.
1672, June 21. Commis'n appointing Joseph West "Register of all Wrightings & Contracts."
1672, Aug. 31. Concessions of the Lords Prop'rs "to certain persons in Ireland," who plant in Carolina within one year of the date hereof.
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1674, Ap. 25. Commission to Jos. West, Governor, granting him power to grant lands and other powers and priviledges.
1674, May 18. The Lords Proprietrs. to, concern'g Mr. West, Sir John Yeamans, &c., &c., returns Acts of Parliam't made in the latter end of Sir J. Yeamans' Governm't confirmed.
1674, ? "Instructions to Mr. Jos. West, o'r agent att Ashley River."
1674, May 23. Instructions to the Gov. and Council at Ashley River, concern'g Andrew Percivall " Governor of o'r Plantacon in Loch Island."
Same date. Instructions to Andrew Percivall, Governor of the plantation to be settled on both sides Edisto or Ashipow River.
1674, May 19. Lord Cornbury's appointmt. to Step. Bull, his Deputy.
1674, Dec. 4. Commiss'n appoint'g John Richards Treasurer and Agent in Carolina.
1675, June 10. Commiss'n from Anthony, Earl of Shaftesbury, Chief Justice of Carolina, to And. Percivall, appointing
him Register of Berkeley County, and the parts adjoining. 1676, Ap. 17. Commis'n appoint'g Will. Saxby, Treasurer and Agent in Car.
1676, June 13. Declaration of the Lds. Proprs. promis'g and agreeing to "sett out" one whole Collony of 12000 English acres of land to Mr. John Berkeley, Mr. Simon Perkins, Mr. Anthony Laine, and Mr. John Pettitt, upon their landing in Carolina.
1676, Oct. 21. Lds. Proprs. to Govern't and Assembly of Albe- marle.
1676, Nov. 21. Same, appointg. T. Eastchurch, Govr., &c., of same.
1676, Nov. 21. Instructions to the Govr. and Council of same.
1677, Ap. 10. Ld. Clarendon, appointg. Rich. Conant his Deputy of the Province of Ashley River.
1676-7, Jan. 29. The Lds. Proprs. to Major Aldrich.
1677, Ap. 10. Lords Proprs. Proclamation forbidding any com . merce, trade, or traffic with the Westoes and Cussatoes Indians.
1677, Ap. 10. Lord Shaftesbury to Gov. and Council of Ashley River, concerning Dr. Henry Woodward.
Lord Shaftesbury appointg. Dr. Henry Woodward his Deputy of Ashley River.
Articles and agreement of the Lords Proprs. of Car., between themselves, concerng. the Trade there.
Lords Proprs. to the Gov. and Coun. at Ashley River.
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1669-1677. Statement of acc. between the Lords Proprs. and Col. Jos. West.
1677, Oct. 22. Warrant fr. the Lds. Proprs., authoris'g Mr. Blackleech or the Commander of the " James" Frigate to trade with the Spaniards or Indians at Ashley River.
1678-9, Fcb. 19. Lds. Proprs. Commiss'n authorising Robt. Holden to march with such men as he wills, into parts of Carolina not fully discovered, and appointing him Commander-in-chief of same.
1679, May 19. Lds. Proprs. to Gov. and Council of Ashley River.
1679, Dec. 17. Same to same.
1680, May 17. Same to same.
Commission and instructions for the Comis'rs, (Col. Jos. West being one,) appointed to hear and determine differences between the Christians and the Indians.
1680, June 15. Commis'n appoint'g And. Percivall Secretary.
1680-1, Feb. 21. Lords Proprs. to Gov. and Gov. and Coun. at Ashley River.
Instructions to And. Percivall, touching the making a Peace with the Indians.
1680-1, Feb. 23. Instructions to Capt. Henry Wilkinson, Governor of that part of Carolina that lyes 5 miles south of the river Pemptico, and from thence to Virginia.
1680-1, Mar. 9. Instructions to And. Percival and Maur, Mathews, concerning trade with the Indians.
1680-1, Mar. 7. Lords Proprs. to Gov. and Council at Ashley River.
1680-1, Mar. 26. Same to same.
1680-1, May 2. Same to Captain Wilkinson.
1680-1, Sept. Same, enjoining obedience to Seth Sothell, the oldest Ld. Propr. in Carol., and consequently Governor. 1682, May 10. Lords Proprs. to the Govr., Council and Par- liamt. of Carolina.
Same date. Instructions for Maurice Mathews or the Surveyor- General of Carolina for the time being. Duplicate in Vol. I.
1682, June 5. Lords Proprs. to [Jos. Morton, Govr. ? ]
1682, May 20. Same to Gov. and Counc. at Ashley River.
1682, May 23. Copy of a pardon granted by the Lords Proprs. to Dr. Henry Woodward.
1682, June 3. Lds. Proprs. to Gov. and Counc. at Ashley River.
1682, June 7. Same. Warrant for land for Mr. John Ashley.
1682, July 19, Samc. Concerng. Mr. John Monke, who is desirous to settle in Carolina with his family.
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1682, May 18. Wil. Earl, of Craven, Pallatine of Carolina, His Commission to Jos. Morton, to be Governor, &c.
1682, July 28. Duke of Albemarle, warrant, granting 1000 acres of land and £50 to Mr. John Monke afores'd.
1683, May 29. Warrant grant'g 800 acres of land to Mr. Francis Devowsery, for having applied himself to making wine and o'r usefull things in Carolina .- Similar to Arthur Midleton for oil and cotton.
1683, Dec. 14. Minutes of a Meeting of Lords Proprietors.
1694, June 16. Minutes of a Meeting of the Lords Proprs.
1694, July 25 .- Same.
1694, July 28. Same. Also Aug. and Oct.
1663-1666. Dr. and Cr. Account of the Lds. Proprs.
1664, Dec. 28. A particular of Ordnance, Arms, Powder, and in order to the planting and settling Port Royall. Fees in passing the charter and duplicate of Carolina.
1665, July. Fees in passing the last pattent for Carolina.
NORTH CAROLINA, B. T., VOL. 3.
1682, Nov. 21. Warrant to Gov. Jos. Morton, to grant and convey land in Carolina, with form of grant and instruc- tions for granting same.
Lds. Proprs. to Gov. Morton, touch'g the settlement of the Scots, and enclos'g a new Fund. Const. dated 17 Aug., 1682.
1682-3, Feb. 14. T. Biggs appointed Surveyor-General of Albemarle.
1682-3, Feb. 15. John Monk appointed Muster Master in Carolina.
1682-3, Mar. 1. Lds. Proprs. to Gov., &c., of Ashley River, 3000 acres of land to be granted to Jolm Gibbs, who is about to settle in Carolina. Duplicate, see Vol. I.
1682-3, June 21. Same, appoint'g John Moore Secretary of do. 1682-3, July 4. Instructions for John Moore.
1682-3, Sept. 28. Lds. Proprs. to Gov. Morton, to convey land sold to R. Steevens and o'rs.
1682-3, Nov. 6. Same to Seth Sothell.
1682-3, Dec. 14. Minutes of a Meeting of Lords Proprs.
1683, Sep. 29. See Vol. 1, 1683, Sep. 30. Instructions for John Moore, appointed Receiver and Escheator of all fines, &c.
1683-4, Feb. 14. Lords Proprs. to [Gov. of Albemarle ?]
1684, Ap. 29. Instructions for same.
1684, June 3. Rob. Quary appoint'd Deputy to Thomas Amy ; Col. Godfrey to the Duke of Albemarle ; John Moore to Sir P. Colleton.
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1684, June 3. Lds. Proprs. to Sir R. Kyrle.
1684, June 9. Lds. Proprs. to the Secretary.
1684, June 3. Robt. Quarry appointed Clerk of the Crown and of the Peace.
1684, July 11. Same to Govr. Kyrle and Deputys.
1684, July 25. Same to same, grant'g 3000 acres to William Thorogood.
1684, Oet. 25. Same to same, ditto to M. Charasse, "well skilled in druggs," &c.
1684, Nov. 15. Same to same.
1684-5, Feb. 16. Same to Gov. West.
1684-5, Mar. 20. Robt. Quarry appointed Secretary and Re- ceiver-General, Sou. and West of Cape Fear.
1684-5, Mar. 20. Lds. Proprs. to Step. Bull, Surveyor-
General.
1684-5, Mar. 13. Same to Gov. West.
1684-5, Mar. 13. Instructions for Robt. Quarry, Receiver, &c.
1684-5, Mar. 13. Same for same, Secretary.
1684-5, Mar. 11. Commission to Jos. West, appoint'g him Govr., &c.
1685, Ap. 14. Lds. Proprs. to Gov. West to convey 500 acres to J. Du Gué.
1685, Ap. 17. Same to convey 500 to Isaac Le Jay.
1685, Ap. 16. Same same Ch. Franchomine.
1685, Ap. 14. Same to convey 350 aeres to Isaae Fleury.
1685, Ap. 22. Same to convey 3000 acres to Wil. Shaw.
1685, May 5. Lds. Proprs. to Gov. West, alteration in his instruct's.
1685, June 23. Lds. Proprs. to convey 100 acres to N. Lon- guemar.
1685, June 26. King James to the Lds. Proprs. coneern'g Carolina.
1685, July 6. Lds. Proprs. to Gov. West.
1685, July 30. Same to same, to convey 3000 aeres of land to J. F. de Genillat, the first Swiss settler.
1685, Sept. 9. Lds. Proprs. to Gov. Moreton.
1685, Sept. 10. Same to same.
1685, Sept. 26. Same to same, to pass grants to James Le Bas for 3000 aeres of land.
1685, Oet. 1. Same to same, for 1000 acres to And. Percival. 1685, Oct. Commiss'n for Alex. Dunlop, to be Sheriff of Port Royall County. (Minute of same only. )-The Sur- veyor-General's oath.
1685, Nov. 18. Lds. Proprs. to Gov. Moreton, to commissionate Alex. Dunlop, Sheriff of Port Royal County.
1685-6, Jan. 26. Same to same, for 3000 acres to Arnald Bruneau.
1685-6, Feb. 15. Lds. Proprs. to Governor Moreton.
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1685-6, Mar. 2. Same to same, 1000 acres to Josias Forrest.
1686, Apl. 15. Same to same, 200 acres to Jas. Nicholas.
1686, Apl. 26. Same to same.
1686, Apl. 29. Same to same, 500 acres to Chas. Colleton.
1686, Aug. 31. Same to Gov. Colleton, 100 acres to Js. Le Grand.
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