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 With an appendix containing many valuable records hitherto unpublished 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 25
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APPENDIX.
Carolina shall direct you, the following proportion of victuals & no more, viz : To every three men 9 lb. of beef & 14 qts. of pease, or if they will not have pease then 14 lb. of flower, or 14 1b. of oatmeale, or tenn pounds & three quarters of bread, or some of the one & some of the other, as your stores of the respective spetie shall hould out, not exceeding this proportion to any man. You - are to deliver the cloathes, tooles & fishing trade wee have pro- vided, to such men as the Governor & any 3 of or. Deputys, if so many bee alive in Carolina shall direct you, still keeping enough for the use of or. owne plantation.
You are not to deliver to any man a double proportion of any thing, nor no more then is necessary for him.
If you finde that there is a want of cloathes or Rugs, you are then wth. your Indian trade to buy skins to suply that defect.
You are to keep exact accts. of what you deliver to every man, takeing his rect. for the same, & once in 3 mos. to accompt wth. every man, & take his obligation under hand & seale, to pay unto Geo. D. of A. W. Earle of Cr., John LA. B., A. Ld. A., S. Geo. C., & Sr. P. C., what shall bee then due unto them wth. 10 pr. Ct. interest for the time it shall remain unpaid, weh. obligations are to bee made beefore the register, who is to record the same.
In regard there is no mony in Carolina, you are in ye accomp- ting to recon upon such Comodityes as the Country doth produce, & vallue the goods at the rate they cost us in England, reconning the Comodityes at the rates following, viz ; Ginger scalded, at 24. the lb. ; Scraped Ginger, at 34. pr. 1b. ; Indigo, at 3. pr. 1b. ; Silke, at 10s. the lb. ; Cotton, at 344. pr. Ib. ; Wine, at 2s. the Gth. ; Oye olive, at 3s. the G". ; Wax, at 94. the Ib. ; pype staves, at a halfe penny pr. stave; and in any of these Comodityes are you to receive or. debts at the rates specified above. You are as nigh as you can to observe what is loaden on or. ships from Port Royall for any other port, & also what shall bee brought in any of or. ships into Carolina, how many passengers, what goods, & for whose acco. of wch. you are from time to time to give us notice, & also how the Comdrs. of or Ships doe bechave themselves. If it should happen that so many of or. Deputyes should dye or depart out of Carolina, that there should not bee three there, then are you to observe the orders for the delivery of the Indian trade, pro- vizions, &c., that shall bee from time to time given you by o. Governor, & so many of or. Deputys as are alive & in Carolina.
S. P. O. Nº. . CAROLINA, B. T., VOL. 2, p. 66. Temporary Laws. [1671 ?]
It is resolved and agreed by ye Las. Propriet's. yt. till by a Sufficient number of Inhabitants ye Governm', of Carolina can be
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EARLY HISTORY OF SOUTH CAROLINA.
administred according to ye Forme established in ye Fundamentall Constitutions.
1. That ye Palatine name a Governor, and each of ye Lds. Pro- priet's. a Deputy, wch. Deputys, with an equall number of others chosen by ye Parliamt., shall continue to be ye Councellors till ye Lds. Proprietrs. shall either order a new choice, or ye Countrey be soe peopled as to be capable of ye Governmt. according to ye funda- mentall Constitutions ; and when there shall be any Landgraves or Cassiques created by ye Las. Propriet's., soe many of ye eldest in age of them that are resident in Carolina, as shall be equall to ye number of ye Lds. Proprict". Deputys, shall be alsoe of ye Councell, yt. soe ye Nobility may have a share in ye Governm'., and ye whole administration may still come as near ye forme designed as ye Circumstances of ye growcing Plantacon will permitt.
2. The Governor, with ye Lords Proprs. Deputys, ye Land- graves and Cassiques yt are Councellors, and those chosen by ye Parliamt., shall be ye Grand Conneill, and shall have all ye power and authority of ye Grand Councell and other Courts till they come to be erected.
3. Besides ye Deputys for Councellors, The Cheife Justice shall choose & constitute ye Provost Marshall,
The Chancellor,
ye Secretary,
The Treasurer,
ye Receiver,
The High Steward,
ye Surveyor,
S Register of Births, Buryals
The High Chamberlaine,
& Marriages.
The Admirall, Marshall of ye Admiralty.
4. The Article in ye Fundamentall Constitutions beginning thus, [All ye Revenues & Profitts, ] shall not take place till ye Lords Proprietors yt. have layd out money in carying on ye Plantacon be reimbursed with such satisfaction as shall be agreed on amongst them.
5. To suite ye begining of ye Government to yt. proportion of Land upon wch. ye ballance of ye Settlemt. principally depends, and yt. by takcing up great Tracts of land sooner than they can be planted ; great gaps may not be made in ye Plantation to ye prejudice of ye commerce, and exposeing ye safety of ye whole by stragling and distant Habitations. In ye first takeing up of Land cach Proprietor shall have but 3 Signiorys, and each Landgrave and Cassquie one Barrony set out for him till by ye increase of ye Inhabitants part of seventy-two Colonys shall be possessed by yo people, after weh. time it shall be free for every one to take up yo proportion of Land due to his dignity.
6. All Lords of Baronys and Mannors shall be obleiged to have cach upon his Barrony 30 persons, and upon his mannor 15 per- sons respectively within seven years after ye date of his Grant, and whatsoever Lord of a Barrony or Mannor shall not have soc many persons on his Barony or Mannor respectively at ye end of
VI
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APPENDIX.
ye sd. scaven years shall be lyable to such fine as ye Parliamt. in Carolina shall thinke fit, unlesse ye Lds. Proprs. shall allow him longer time for ye planting his Barrony or Manor with people to that proportion.
7. All Acts yt. shall be made by ye Parliamt. before our Gov -. ernt. of Carolina be administred according to our Fundamentall Constitutions shall all cease and determine at ye end of ye first Session of Parliamt. yt. shall be called, chosen, and shall sit according to ye Articles concerneing Parliam's. established in our Fundamentall Constitutions.
CRAVEN, A SIILEY, G. CARTERET, P. COLLETON.
SEE SAME VOL. p. 78.
Temporary Laws to be added to y' former.
8. Noe Indian upon any occasion or pretense whatsoever is to be made a Slave, or without his owne consent be caried out of our Country.
9. If it happen that any of our Deputys shall by death or departure out of Carolina, or any otherwise, cease to be our Deputys before we shall have deputed others in their roome respectively, that ye number of our Deputys may always be kept full, ye eldest of ye Counsellors chosen by ye Parliam'. shall be to all intents & purposes Deputy of that Proprietr., whose former Deputacon is by death or otherwise determined, till the said Proprietor, his heir or successor, shall make another Deputy. And when it shall happen that one or more of ye Counsellors chosen by ye Parliamt. shall by this means come to be Deputy of Proprs., new Counsellors shall be chosen to fill up their place in Councill by ye Parlimt. at its next Session. Provided always, that if the Proprietor whose vacant place is thus supplied, shall make some other person his Deputy ; then he, who, by eldership, came to be his Deputy, shall be Counsellor as he was before. And he yt. was last chosen into ye Councill by ye Parliamt., shall cease to be a Counsellor if there be more of those chosen by ye Par- liam. than there be of our Deputys.
Signed and Sealed by
CRAVEN, ASHLEY,
G. CARTERET, P. COLLETON.
30*
. X
0
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EARLY HISTORY OF SOUTH CAROLINA.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 87.
Carolina Temporary Laws.
21 June, 167-2.
Since ye Paucity of Nobillity will not permitt ye fundamentall Constitutions presently to be put in practise, It is necessary for ye supply of that defect, that some temporary Laws should in the meane time be made for ye better ordering of affairs, till by a suffi- cient number of Inhabitants of all degrees ye Governmt. of Caro- lina can be administred according to ye forme established in ye fundamentall Constitutions We ye Lords Proprs. of Carolina, upon due consideration have agreed to theise following.
1. The Palatine shall name the Governor, and each of ye Lords Proprietors shall name a Deputy, who wth. ye Govern". & an equall number of others chosen by y" Parliamt., shall continue to be the Councellors till ye Lords Proprietrs., shall either order a new choice, or ye Country be soe peopled as to be capeable of ye Governm'. according to ye fundamentall Constitutions, and as there shall be Landgraves & Cassiques created by the Lords Proprs., soe many of the eldest in age of them that are present in Carolina, as shall be equall to ye number of ye Lds., Proprs., Deputys, shall be alsoe of y" Councell, that soc ye Nobillity may have a share in ye Governt., and the whole Administration may still come as neere ye forme de- signed, as the Circumstances of the growing plantation will permitt.
2. The other Seaven Propriet's., shall respectively nominate theise following Officers, viz. : The Admirall,
The Marshall of the Admiralty.
The Chamberlamne,
S The Register of Births, Burials & Marriages.
The Chancellor,
The Secretary.
The Constable,
The Millitary Officers.
The Cheife Justice,
The Register of Wrightings.
The High Steward,
The Treasurer,
The Surveyor. The Receiver.
And upon the vacancy of any of theise Officers, the Governor & Councell in Carolina, shall substitute others till that Proprietrs. pleasure can be knowne in whose nomination it is.
3. The Govern'. together wth the Lords Propriet". Deputys, the Landgraves & Cassiques that are Conncellors, and the Conn- cell's. chosen by the Parliam', shall be the Grand Councell, and shall have all the power and authority of the Grand Conncell and other Courts till they come to be erceted. The Quorum of the Councell shall be the Governor & sixe Couneell's., whereof three at least shall be Deputys of Proprietors.
4. If it happen that any of the Lords Propr. Depntys, shall by death, or departure out of Carolina, or any otherwise cease to
355
APPENDIX.
be Deputy before ye Lords, Prop"s., respectively shall have deputed others in their roome; That the number of Deputys may always be kept full, the eldest of the Councellors chosen by the Parliant., shall be to all intents and purposes Duputy of that Propr. whose former Deputacon is by death or otherwise determined, till ye st. Propr., his heir or Successor shall make another Deputy. And when it shall happen that one or more of the Councellors chosen by the Parliam'., shall by this meanes come to be Deputys of Proprs., new Councellors shall be chosen by the Parliamt. at its next Session to fill up their places in Councell, Provided always, that if the Propriet's. whose vacant place is thus supplyde shall make some other person his Deputy, then he who by eldership came to be his Deputy shall be Councell". as he was before, and he that was last chosen into the Councell by the Parliam shall cease to be a Councellr., if there be more of those chosen by the Parliament then there be Deputys of Proprietors.
5. The Parliament shall consist of ye Governor, ye Deputys of the Lords Proprietors, the Nobillity and twenty chosen by the Freehoulders, and shall have power to make Laws to be rattifyd as in ye fundamentall Constitutions is Provided. And shall be assembled as often and in the same manner, as in ye fundamentall Constitutions is provided concerning Parliaments.
6. All Acts, that shall be made by the Parliamt. before our Government of Carolina come to be administered according to our fundamentall Constitutions, shall all cease & determine at ye end of ye first Session of Parliament that shall be called, chosen, and shall sitt according to ye Articles concerning Parliaments estab)- lished in the fundamentall Constitutions.
7. Soe much of the fundamentall Constitutions as shall be capeable of being put in practise, shall be ye rule of proceeding. Signed & Scaled, this 21st of June, 1672.
CRAVEN, SHAFTESBURY, G. CARTERET, P. COLLETON.
S. P. O. Nº. CAROLINA, B. T., VOL. 2, p. 83.
Agrarian Laws or Instructions from the Lords Proprietors to the Governor and Council of Carolina.
21 June, 1672.
Since ye whole foundation of ye Government is setled upon a right and equall distribution of Land, and the orderly takeing of it up is of great moment to ye welfare of yo Province. And though the Regulation of this need not be perpetuall, yet since all ye concernement thereof will not cease as soone as the Gover-
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356
EARLY HISTORY OF SOUTH CAROLINA.
ment comes to be administred according to ye forme established in the Fundamentall Constitutions, that the distribution & allott- ment of land may be with all faireness & equallity, and that the conveniency of all degrees may be as much as is possible in their due proportion provided for, Wee, the Lords Proprietors of Carolina have agreed upon theise following Temporary Agrarian . Laws.
1. Before any River beginns to be planted on, The Surveyor Generall shall sett out Squares of twelve thousand acres apece on both sides of ye River by lines running directly East & West, North & South, beginning from ye mouth of ye River, and soe following the course of it into ye Country.
.
2. The two first squares on ye right hand at ye entrance of the mouth of the River, shall be Barronys, & belong to the Nobiliity ; the three next Squares on the same side of the River shall be Collonys, & belong to the people. The two next Squares shall be Signiorys, and belong to the Lords Proprs., and the three next Squares shall be Collonys, & belong to the people ; the two next Squares shall be Barronys againe, & soe on in ye same order. The three first Squares on ye left hand, at ye entrance of ye River, shall be Col- lonys, the two next Signiorys, the three next Collonys againe, the two next Barronys, and soe on. Soe that of tenn Squares fronting on a Navigable River, sixe shall belong to ye people, two to ye Lords Proprs., & two to ye Nobillity. And opposite to ye Signiorys and Barronys on one side of a Navigable River shall be Collonys on the other.
3. Each tenn adjoining Squares fronting on a Navigable. River shall belong to one County, and ye thirty remaineing Squares to compleat the County shall be taken out of ye next adjacent Land lying backwards from ye River to make the whole County as compact as may be.
4. Where the County backwards will admitt it, there shall be laid out behinde each Square three other Squares of twelve thou- sand acres apeece in a direct line, which three Squares thus lying behind shall be Signiorys, Barronys, or Collonys respectively, as ye foremost is, wch. fronts on the River. But where it shall happen that the land doth not admit the laying out fower Squares deep betwixt that and the next Navigable River, there the Sig- niorys, Barronys, and Colonys that are behinde shall be laid out and appropriated to the Lords Prop's, Nobillity and People, by direction of the Grand Councell, soe as may be most agreeable to ye fundamental Constitutions, and convenient for the whole County, keeping still to the proportions of one-fifth to the Lords Proprs., one-fifth to the Nobillity, and three-fifths to the People of cach County, both in quantity and goodness of land as much as may be.
5. When a County is sett out, and the severall Squares or
·
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APPENDIX.
Parcells of twelve thousand acres apeece appropriated, one-fifth of them for Signiorys to the Las. Prop's., one-fifth for Barronys to the Nobillity, and three-fifths for Collonys to the People, whereof a map shall be made and kept in the High Steward's Court. The Lords Proprs. shall, each of them, choose one Siguiory when he pleaseth, and if two of them come together to make their choice, the precedence shall be determined by lott. But noe Proprietr. shall choose a second Signiory till he hath an hundred inhabitants upon his owne perticuler Signiory in Carolina. But as soone as he hath one hundred inhabitants upon his owne Signiory, he shall have liberty to choose another Signiory out of any of those twelve thousand acres which, being appropriated to the Lords Proprs., are not yet taken up, and soe on for every hundred inhabitants he hath upon any of his Signiorys he shall have liberty to take up a Signiory. Provided always, that noe Pro- prietor shall at any time take up or have any more Signiorys than there are Countys sett out and devitled into Signiorys, Barronys and Collonys as aforesd., and mapps of them lodged in the High Steward's Court, where his choice alsoe is to be recorded.
6. Among the Landgraves he shall choose one of his Barronys, first ont of the Squares appropriated to ye Nobillity who first makes his demand, and plants on it, but shall not choose a second Barrony till he hath one hundred inhabitants upon his first Bar- rony ; nor shall he choose a third Barrony till he hath two hundred Inhabitants on his Barrony. Nor shall he choose his fowerth Barrony till he hath three hundred inhabitants on his Barronys. The same method alsoc the Cassiques shall observe in the choice of their Barronys respectively, and the choice of each of their Barronys, as they are made, shall be registred in the High Steward's Court.
7. Any Landgrave or Cassique, when it is his right to choose, shall take any of yt Barronys appropriated to the Nobillity which is not already planted on by some other Nobleinan.
S. The Collonys that are appropriated to the people shall be planted on as the increase of the people shall spread the Plantation.
9. At the first there shall be twelve Countys thus sett ont, and twelve Landgraves and twenty-four Cassiques created, nor shall any more Landgraves or Cassiques be created till the increase of people hath extended the plantation beyond the said twelve Conntys, and then as soone as a New County begins in any part to be planted, there shall be twelve more Landgraves, and fower and twenty Cassiqnes created, and in this manner shall they proceed till ye whole Province be planted.
10. In yr more Inland parts, remote from Navigable Rivers, the fourty Squares constituteing a County, shall be laid as closely and compactly together as may be, and be marked & appropriated eight of them for Signiorys, eight of them for Barronys, And ye
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EARLY HISTORY OF SOUTH CAROLINA.
remaining twenty-four for Collonys by direction of yo grand Councell.
11. All Lords of Barronys and Mannors shall be obliged to have each upon his Barrony, thirty persons, and upon his manor fifteene personsrespectively, within seaven yeares after ye date of his Grant. And whatsoever Lord of a Barrony or Manor at ye end of the said seaven yeares, shall not have soe many persons on his Barrony or Mannor respectively, shall be lyable to such fine as the Parliament in Carolina shall thinke fitt, unless the Lords Pro- prictors shall allow him longer time for planting his Barrony or Mannor with people to that proportion.
12. Whosoever of the Lords Proprietors is behinde in his parti- cular share of the comon charges in carrying on this setlement, And hath not paid in his proportion equall to those of the Lords Proprietors who have paid most, shall not, dureing his being soe behinde upon any vacancy in any of ye eight great offices belonging to the Proprietors, have his choice according to his age. But those of the Lords Proprietors who have paid in their full shares shall choose first according to the precedency of his age respec- tively, and the rest according to his payments, he first who hath paid most & soe in order.
13. Whosoever alsoe of the Lords Proprietors shall be behinde hand as abovesaid, shall loose the election of any Officer that dureing his being behinde hand shall fall in his guift and the power of election shall devolve to the Pallatines Courte.
14. Whosoever alsoe of the Lords Proprietors shall be behinde- hand as abovesaid at the time when Landgraves and Cassiques are to be nominated and chosen if he pay not in his mony to his full proportion within three months after demand shall for that time loose his nomination of a Landgrave and two Cassiques. And his nomination for that time shall devolve into ye Pallatines Courte.
15. The one hundred and fifteenth Article of the fundamentall Constitutions shall not take place till the Lords Proprietors that have laid out mony in carrying on the Plantation be re-imbursed wth. such satisfaction as shall be agreed on among themselves.
16. The people shall plant in Townes weh. are to be laid out into large, straight & regular streets, and sufficient roome left for a Wharfe if it be upon a Navigable River
17. There shall be but one Port Towne upon any Navigable River for the first thirty yeares after the beginning to plant on the said River.
18. That Square of twelve thousand acres wherein any Indian Towne stands, and the next Square to it are to be left untaken up and unplanted on for the use of the Indians.
19. Noe Indian upon any occasion or pretence whatsoever shall be made a Slave, or without his owne consent carryed out of Carolina.
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APPENDIX.
20. When the Chicife Capitall City of the whole Province of Carolina shall come to be agreed on and sett out it shall stand in some precinct. And round about the said precinct there shall be eight Siguiorys for cach of the Lords Proprs. one.
21. The Governour and any three more of our Deputys shall, upon his respective demand give their Warrant to the Surveyor Generall to sett out to every man such land as by our Concessions he hath a right to, and in such portions and manner as in our fundamentall Constitutions, Temporary Laws & Instructions is provided.
22. All originall Grants of Land shall be signed by none but or. Deputys, And the Governour and any three or more of our Deputys signeing and scaling it wth. the seale of the Pallatinate, shall make a good title, the deed being enrolled in the Register's office.
23. If the Governour and Councell in Carolina shall at any time hereafter represent to the Lords Proprietors that any of the Agrarian Laws for takeing up and setting out of Land are incon- venient, the Lords Proprietors reserve to themselves a power of altering the same.
[Loc. Sig. ]
SHAFTESBURY,
[Loc. Sig. ]
CRAVEN,
[Loc. Sig.]
H. CORNBURY,
[Loc. Sig. G. CARTERET,
[Loc. Sig. ] JO. BERKELEY,
[Loc. Sig. ] P. COLLETON.
June ye 21st, 1672.
S. P. O., Nº. CAROLINA, B. T., VOL. 2, p. 68.
Captain Halsted's Instructions.
1 May, 1671.
1. Capt. Halsted, God sending you safe to River Ashley, You are to deliver ye eight lesser Guns with theire Carriages to ye Governor & Councel there, & you are with all convenient speed to procure a loading of timber, pipe staves & other Com- moditys to ye Ship Blessing, fit for ye Market of Berbados, of wh. you are to get ye best information you can of persons upon yo place, and if need be to make use of ye Lords Proprietors Servants under ye care of Mr. West to helpe to fell and load ye same.
2. Dureing y' loading of ye ship you are to take an acct. of Mir. Joseph West, concerning those following particulars. What they were. How they have been disposed of. How those y. have been disposed of are to be payd for, & what remaines.
1. The Provisions of Victuals put on shoare at theire first landing.
0
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EARLY HISTORY OF SOUTH CAROLINA.
2. The Provision of Cloths.
3. The Stores of War.
4. What Cask was put on shoare, yt. ye rest may be accounted for by Mr. Braine.
5. The Fishing Trade.
6. The Indian Trade.
7. £26 53. 64. ye remainder of £61 pd. Mr. West by Mr. Port- man upon my Ld. Ashley's order, weh. £26 59. 64. Mr. West never accounted for.
8. The Cargo from Virginia.
9. The Provisions received from Bermudos.
10. The Lords Proprs. finde yt. Mr. West and Mr. Brayne at theire being at Bermudos, drue upon Mr. Colleton two six thou- sands pounds of Sugars, & since y'. 12,000 pounds more of sugar hath been drawne upon Mr. Colleton. Wee desire to know what this 24,000 pounds of sugar was layd out in, and how ye effects disposed of.
11. The Beefe & Flower sent by Mr. Colleton.
3. At your comeing alsoe to Ashley River, you are to deliver ye. Cargo to Mr. West and take his receite for all ye particulars thereof.
4. If you have any time dureing ye Ships loadeing at Ashley River, ye. are to take a view of ye Countrey, especially of ye River Ashley, & thereon to seeke for a healthy highland, convenient to set out a Towne on as high up as a Ship can well be carried, and of this to bringe up a particular exaet Description, ye same thing you (if you have time,) are to doc in Wando River, and alsoe Sewa River.
5. You are to informe yrselfe alsoe dureing ye stay you shall at any time make in Carolina, concerning ye healthynesse, richnesse & other Propertys of ye soyle, ye nsefull Productions of ye Coun- trey, & enquire wt. masts ye Countrey products, of wt. Diameter ye largest, and whether ye great ones grow near ye sides of any Rivers by weh. they may by water be brought to the ship, & to bring Samples of Casini and theire dying Stuffes, &c.
6. As soone as ye ship is loaden you are to goe with her to Berbados, & there touch at Augustins & enquire of ye health of yt. Island, & if you finde you may safely trade there you are to sayle to ye bridge Towne, & there dispose of ye Timber, &c. on board ye best you can for our advantage, selling it if possible you can for ready money, if you cannot you are to consult with Mr. Jno. Strode, & take all otherways you can to informe yourselfe wt. persons you may trust.
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