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 With an appendix containing many valuable records hitherto unpublished 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 27
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[Sept. 5th, 1671. ] -- The Governor and Councill having con- sidered how to dispose of the people arrived in the Lords Pro-
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prietors Ship Blessing, agreeable to the said Lords Proprietors directions, and most convenient for the security and wellfare of the said people, have ordered and ordeyned (nemine contra dicente,) a certayne parcell of land conteyning five and twenty aeres, west- ward from the marsh Joyning to the west side of the land layd out for Mr. Thomas Gray nere this Towne, and so running along Stonoe Creek, be laid out for the Towne, whereof five acres shall be reserved for a Churchyard, and the rest of the land backward, on the said marsh, be preserved for planting lotts, for the said people, and others who shall hereafter arrive to settle there. And it is further ordered by the said Governor and Councill, that the said people shall forthwith goe and settle their severall proportions of land allotted to them, in and about the said Towne, (that is to say,) four poles of land within the Towne, for a Towne Lott, and five aeres without the Towne, for a planting lott, for every person in each family.
And for the avoiding of all variances and differences in the choice of the said lands, It is ordered that all and every the said Freeholders, shall draw a lott or chance where his land shall lye, and that the person or persons so drawing the first lott, shall have his land laid out, proportioned as aforesaid, next adjoyning to the marsh, upon the westward of Mr. Thomas Gray's land as afore- said, and so successively each line upon his neighbors, according to their lotts, (fitt and convenient pathes and Streets from the water- side, and fifteen foot in breadth, along the water, for a public landing place, being first laid out and allowed,) with the best convenieney that may be, whereby every man may goe ont of his Towne lott to his planting lott. And it is also ordered by the said Governor and Councill, that whatosever person or persons, who shall draw lott, as aforesaid, or issue out any warrant for any of the said land, doe not effectually follow the Surveyor Generall or his Deputy, to canse his or their proportions of land to be laid out according to such lott or warrant upon the same, doe settle within three months after the drawing of the said lott, or date of such warrant, sneh person or persons soe neglecting, shall forfeit such his proportion of land there, by reason of sneh lott or warranty, from and after the expiration of three months, as aforesaid, to be disposed of as the Governor and Councill shall then thinke fitt.
[Sept. 9th, 1671.] -- Upon hearing the matter of the petition of John Norton and Original Jackson, against Mr. Maurice Mathews, Mr. Thomas Gray, and Mr. William Owen, both par- ties having referred themselves to the determination of the Governonr and Conneill, that the said John Norton and Original. Jackson, shall have the sixteen peices of Cedar Timber desired, and one peice of Cedar Timber more, claymed by the said Mr. Manrice Mathews, Mr. Thomas Gray, and Mr. William Owen, &e.
Upon hearing the matter of the petition of Capt. Robert Dome, against Mr. Henry Hughes, It is ordered by the Governor and
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Councill, that the said Henry Hughes shall pay one bushell of corne to the said Robert Donne, for his labour and paines in the said Henry Hughes, his plantation. Upon consideration this day had of the address made by Richard Rowser and Philip Jones, Servants to Mr. John Manerick, and how industrious and usefull the said persons have been in this Collony, for their better en- couragement, It is ordered by the Governor and Councill, (nemine contra dicente, ) that the said Richard Rowser and Philip Jones, shall each of them have ten acres of land, nere this Towne, bounding to the Southward of the lands laid out for Capt. Gyles Hall.
[Sept. 23d, 1671.]-Upon consideration this day had of the complaints of diverse persons in this Collony, who have had their armes lying a long time in the hands of Thomas Archcraft, Gunn- smith to be fitted, and by no means can get them dispatched, and considering what great necessity there is that all the armes in this Collony, should be always ready and well fitted for service, in case of any suddain alarum, It is therefore ordered, and ordeyned by the Governour and Councill, that the said Archeraft, shall forthwith make ready and fitt up all the armes that are now in his custody, and that shall be brought to him for that purpose. And that the said Archcraft shall not worke upon any other worke, untill he hath finished the said Armes.
And it is further ordered by the Governour and Councill, that the said Archcraft, shall not make any Indian hatchetts for any person or persons whatsoever, without special lycence first had and obteyned from the Governour and Councill for the same.
[Sept. 27th, 1671. ]-The Governour and Councill taking into their serious consideration the languishing condition that this Collony is brought into, by reason of the great quantity of Corne from time to time taken out of the plantations by the Kussoe and other Southward Indians. And for as much as the said Indians will not comply with any faire entreaties to live peaceably and quietly, but in stead thereof upon every light occasion, have and doe threaten the lives of all or any of our people whome they will supose to them, and doe dayly persist and increase in their insoleneyes soe as to disturbe and invade some of our plantations in the night time, but that the evill of their intentions have hitherto been prevented by diligent watchings. And for as much as the said Indians have given out, that they intend for and with the Spaniards to cut off the English people in this place, and have been observed to make more than an ordinary preparation for some such purpose, and have altogether withdrawn themselves from that familiar Correspondence with our people which formerly they used, whereby the more friendly sort of Indians are very much dis- couraged and retarded from entertaining any Amity or trading with our people, by all which and many other evident Consequences and hostile postures of the said Indians, It is adjudged by the
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Governour and Council aforesaid, that the said Indians are endea- vouring and Contriving the distruction of this settlement and his Majesties subjects therein, for the prevention of which, It is advised and resolved and thereupon ordered and ordeyned by the said Governour and Councill, (nemine contra dicente) that an open warr shall be forthwith prosecuted against the said Kussoe Indians and their Coadjutors, and for the better effecting thereof, that Commissions be granted to Capt. John Godfrey and Capt. Thomas Gray, to prosecute the same effectualy. And that Mr. Stephen Bull doe take into his custody two Kussoe Indians now in this Towne, and theme to keepe with the best security he may, till he receive further orders from this Board.
[Oct. 2d, 1671.]-Upon consideration had of the disposing of the Indian Prisoners, now brought in for their better security and maintenance, It is resolved and ordered by the Grand Councill, that every Company which went out upon that expedition, shall secure and maintaine the Indians they have taken, till they can transport the said Indians, but if the remaining Kussoe Indians, doe in the meane time come in and make peace, and desire the Indians now prisoners, then the said Indians shall be set at liberty, having first paid such a ransom as shall be thought reasonable by the Grand Councill, to be shared equally among the Company of men that took the Indians aforesaid.
[Oct. 4th. ]-Upon consideration of the most secure disposing of the store of Gunpowder, sent by the Lords Proprietors for the use and defence of this Province, and now remaining in the Lords Proprietors Storehouse in this Towne, and for as much as it is thought to be unsafe to be all in one place, It is therefore resolved and advised by the Grand Councill, that the said Store of powder shall be divided into three parts. One part thereof (that is to say) six barrells shall be lodged in the Lords Pro- prietors plantation, in the custody of Capt. John Godfrey, three barrells more in Sir John Yeamans his house in this Towne, and the remainder to continue in the Lords Proprietors Storehouse aforesaid.
[Oct. 24th. ]-Upon consideration had of the better disposing of people that hereafter shall arrive in this place, It is advised and resolved by the Grand Councill, that Capt. Jno. Godfrey, Capt. Thos, Gray, Mr. Stephen Bull, Mr. Maurice Mathews and Mr. Christopher Portman, doe with what convenient speed they may goe and view all the places on this River and Wandow River, and take notice and make a returne of what places may be most convenient to situate Towns upon, that soe the same may be wholly reserved for these and the like uses
[Oct. 26th. ]-Upon serious consideration this day had, of the better safeguard, and defence of this Collony, It is ordered, ordayned, and declared by the Grand Council (nemine contra dicente) that all, and every person, and persons, now in this Col- 32
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lony, except such as are members of the Grand Councill, or Officers attending the same, shall appeare in arms, ready fitted in their severall Companies, according to the list now given in, at the time and place appoynted by their severall Commanders, for the better informing them in the use of their armes, and the other exercises of military discipline, in order to a due preperation against any suddaine invasion, if any such should happen. And that whatsoever person or persons (except before excepted) shall in contempt hereof willfully absent him, or themselves, from their duty and attendance, as is afore directed, such person, or persons, for every offence, shall be severely fined, or punished, as the said Grand Councill shall judge convenient, unless a sufficient excuse for such their absence be showne and allowed. And hereof all commanders, and other officers, of all and every the Companies now raised in this Province, are by the said Grand Councill re- quired to take notice, and return the names of all such absents as aforesaid, if any such should happen, to the Grand Councill, at their next sitting, after the making of such default. And it is further ordered and ordayned by the said Grand Councill, that every Captain, or other Commission Officer of a Company, shall have power by himselfe, by a note under his hand, to Command all, or any Smith or Smiths, now in this Collony, or hereafter to come in the same, whether freemen, or servants, to worke up, and fitt all and every Gun, or Guns, which he shall find in his Com- pany not well and sufficiently fitted for service. And whatsoever Smith or Smiths shall disobey, or unnecessarily prolong the per- formance of such directions, or if a master shall deny his servant being a Smith, to observe the same, such Smith or Smiths, or Master of such servant, upon complaint thereof made to the Grand Councill, shall be severely punished for his or their contempt hereof. For as much as of late there hath been a great neglect in the due observance of the watches in this Towne, whereby the safety of this Collony is very much hazarded, for the prevention whereof for the future, it is ordered by the Grand Councill, that Thos. Thompson, Marshall of this Province, shall take a list of all the persons in this Collony as they are modellized in the Watch, and accordingly shall give notice to every person, the time when he is to watch, or leave a note at their house or houses, or there declare the same to the master or overseer of such person as is to watch. And if it happen that any person, or persons, shall really be sick, as that he is altogether incapable of performing his duty in the Watch, then the said Marshall shall give notice to the next mentioned person on the said lyst, and who are in health, to watch that night, that soc the number of five men may be preserved entire to watch every night. And forasmuch as those persons in- habiting in the outward plantations are put to a necessity to watch their plantations, as'well as the Towne, therefore, that the said Watches may be more equally ballanced, It is also ordered by
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the said Grand Councill, that in every revolution of the Watches, those who dwell in the Towne shall watch twice, and those who are in the outward plantations shall watch but onee. And it is further ordered, ordayned and deelared, that whatsoever person, or persons, having notice, as is aforesaid, shall hereafter neglect him or themselves from his or their duty of watching, at the ap- poynted time and place, at Charles Towne, as aforesaid, such person or persons, for every such offence, shall forfeit and pay the summ of five Shillings Sterling, to be levyed by distress, for the publie use of this Collony ; but in case the said person soe offend- ing be not able to satisfye the said fine of five Shillings, then such person shall be severely punished. Or if any Master or Masters shall deny, hinder or neglect to send liis servant or servants, when notiec is left with him, as aforesaid, such Master or Masters, for every such offence, shall severally forfeit and pay the summ of five Shillings, for every servant soe neglected, to be levyed by distress for the publiek use of this Collony. And that the said Marshall, for his labour and paines therein, shall have the sum of thirty Shillings, or the value thereof, per month, for soe long time as he shall be soe imployed, to be paid by the inhabitants of this Collony proportionably.
[Nov. 1671.]-Upon the opening the matter of the petition of Anthony Churne against Mr. Wm. Owen before the Grand Councill, It was then and there agreed and eoneluded on by the said parties, that all matters of difference between them, the said Anthony Churne and Mr. Wm. Owen, to this day, should be re- ferred to Mr. Edward Mathews and Mr. Jno. Culpeper, Arbitra- tors indifferently chosen between them, to make a full determination thereof, soc as the same arbitration be made on or before the of this instant, November ; but in case the said Arbitrators cannot agree, then the said Arbitrators shall choose an Umpire between them, by whose award and judgment the said Wm. Owen and Anthony Churne will forever be conelded for, and concerning the matters in dispute.
Mr. Henry Hughes eame this day, and made his complaint on the behalf of our Sovereign Lord the King, against Thomas Sere- man, Gent., for, that the said Thomas Sereman, upon the of October, 1671, at Charles Towne, in this Provinec, did feloniously take and carry away from the said Henry Hughes, one Turkey Cock, of the price of tenn pence, of lawful English money, con- trary to the peace of our Sovereign Lord the King, his Crowne. And the said Sereman being demanded by the Conneill how he would be tried, referred and submitted himselfe to be tried by the Grand Councill only. Upon consideration whereof, and the evi- dences then and there brought in, and examined against the said Sereman,
It is adjudged by the Grand Conneill aforesaid, that the said Screman is guilty, in manner and forme, as is afore declared.
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And it is therefore ordered by the said Grand Councill, that the said Screman shall be stript naked to the waiste, and receive nine lashes, a whip for that use provided, upon his naked back, by the hand of Joseph Oldys, who is adjudged by the Grand Councill, to be stript naked to his waist, to performe the same, for that the said Joseph Oldys, knowing of the feloncous fact, after it was committed, aided the said Screman, and endevoured to conceal the offence. After which, that is to say, the said day of November, Capt. Leiut. Robert Donne, being brought before the Grand Council, for comforting, aiding and assisting the said Scre- man to commit the said fact, the said Capt. Lciut. Donne, having freely submitted himselfe to be tryed by the Grand Councill, Upon consideration of the evidences brought in and examined against the said Cap'. Leiut. Donne, it is adjudged that the said Capt. Leiut. Donne is guilty, in manner and forme, as is afore de- clared against him. It is therefore ordered and ordayned by the said Grand Councill, that the said Capt. Leiut. Donne shall ap- peare, upon the of December next ensuing, at the head of the Company, whereof he is Capt. Leiut., with his sword on, and then shall have his sword taken from him by the Marshall, and be cashiered from having any further command in the said Company, and in the mean time to give security for his good behavior, and appearance at the place aforesaid, or else to remayne and be in the Marshall's custody.
Dennis Mahoon, Servant to Mr. Richard Coale, having been brought in before the Grand Councill, and there charged for that, notwithstanding the said Mahoon, among others, having been formerly guilty of running away from his master's service, and departing out of this Collony, to attaine the protection of the Crowne of Spaine, in the Spanish habitations neare this place, intending thereby the destruction of this Settlement, and in con- sideration of his penitency and amendment of life, had his punish- ment due for the offence suspended, yett the said Dennis Mahoon, little regarding his allegiance to our Soveraigne Lord the King, and his fidelity and submission to the Lords Proprietors, still pro- secuting his guilty intentions, about the tennth day of October last, endeavoured to persuade and entice some of his fellow ser- vants, namely, John Rivers and John Cooke, to run away and "depart this Collony.
And upon sufficient testimony, being by the Grand Councill found guilty of the same, it is therefore ordered by the said Grand Councill, that the said Dennis Mahoon shall forthwith be stript naked to his waiste, and receive thirty-nine lashes upon his naked back.
Capt. Thomas Gray, having this day made his complaint to the Grand Councill, against Sir Jno. Yeamans, Barrt, for felling and carrying away severall quantityes from off a certaine parcell of land neare this Towne, belonging to him, the said Capt. Gray, It
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is therefore ordered by the Grand Councill aforesaid, that an injunction be issued out under the Governor's hand, &c.
[Nov. 25th. ]-Capt. Thos. Gray and Sir Jn. Yeamans, Barrt., having this day personally appeared before the Grand Councill, in order to the triall of the difference between them, pursuant to their agreement in a former order of the Grand Councill, dated- the sixteenth instant, and forasmuch as the Quorum of the Grand Council are not present, &c.
Upon hearing of the matter of the petition of Richard Cole, Carpenter, against Joseph Dalton, Gentleman, It is ordered that Mr. William and Mr. Ralph Marshall shall examine all accounts between the said Richard Cole and Joseph Dalton, on Wednes- day next, &c.
[Dec. 14, 1671. ] -- Sir Jnº, Yeamans, Landgrave, came this day, and in the Grand Councill declared that as he is the sole Landgrave in this Province, according to the fundamental Constitutions, and according to a letter from the Lords Proprietors to him directed, a Coppy whereof he does produce, he conceives he is Vice Pallatine, and thereupon requires the Government and care of the affaires in this Province, Upon serious consideration had thereof, and of the Fundamental Constitutions, and the Temporary Laws agreed on by the Lords Proprietors, and here remaining and the true cohe- rence between them, It is resolved and advised (nemine contra dicente, ) that it is not safe or warrantable to remove the Govern- ment as it is at present untill a signal nomination from the Pallatine, or further orders or directions be received from the Lords Proprietors.
[Dec. 20th. ]-It is ordered by the Grand Councill, that Mr. Stephen Bull and Capt. Thos. Gray, doe assist Mr. Michael Smith, and others lately arrived from New Yorke, to find some convenient place to erect a Towne for their present settlement.
[Feb. 10th, 1672. ]-Upon consideration this day of the scarcity of provisions now growing in this Collony, which will require a more frugall disposition of the provisions now remaining in the Lords Proprietors stores, and that noe person may obtain an unjust proportion thereof upon bare pretences, exhausting the same before any can be produced, or further supply be expected, It is therefore advised and ordered by the Grand Councill, that noe person or persons upon any pretence whatsoever, shall have, or receive any provisions out of the said stores, till they have made oath before the Grand Councill to the truth of their reall wants, and have given a satisfactory account of their care in planting, in order to their better obtayning of provisions this yeare. And that such person or persons soc receiving any pro- visions out of the said stores, shall not be allowed any more than five quarts of pease for every man a weeke, four quarts of pease for every woman a weeke, three quarts of pease for every child, or person under sixteen years of age, a weeke, which said quantity 32*
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or proportions shall be delivered weekly out of the said stores, to such persons in want as aforesaid, and not otherwise. And for the prevention of all further hazards of the want of provisions in this Countrey, whether for want of good improvements, sloath, or the following of any imaginary profitt, other than planting of provisions, It is further advised, ordered, and ordayned by the Grand Councill, that noe person or persons shall exercise or follow any worke, labour or employment, till the gathering in of the next crop, other than in planting of provisions, (except such as are especially tolerated by the Grand Councill, such as shall be imployed in the office of a Carpenter or Smith, during the time of such imployment,) and that noe person or persons whatsoever, (except before excepted,) shall have any future benefitt of the Lords Proprietors stores, who shall not have two acres of land at least, well and sufficiently planted with corne, pease, or both, for every person in his or her family, and the same to be well culti- vated till the gathering in of this next crop, which said improve- ment shall be then and appeare before the Grand Councill. And if any person or persons (except before excepted,) during this crop doe, or shall loyter, or sloathfully spend his, her, or their time, or doe exercise, or follow any worke, labour or imployment, not hereby allowed, or not especially directed by the Grand Coun- cill, such person or persons soe offending, upon notice thereof given, shall be disposed and committed to the care and charge of such industrious planter, as the Grand Councill shall judge convenient for the better raising of provisions, and their present maintenance as aforesaid.
[Feb. 17, 1672. ]-Forasmuch as Thomas Hart, Yeoman, being an evill member in this Province, out of the evill of his heart, hath at divers times, and in sundry manners, causelessly slandered the Government of the said Province, and hath endeavoured to seduce and evilly to advise severall servants in the said Province, as hath been sufficiently proved upon oath, to the great disquiet of the peace of the said Province, and the prejudice of the masters of such servants. It is therefore considered by the Grand Councill, and it is this day ordered, that the said Thomas Hart shall receive thirty-nine lashes upon his naked back, and that the said Thomas Hart shall be, and be esteemed to be as common Executioner in this Province, during the space of a year and a day next ensuing, and that the said Thomas Hart, in the mean time, doe, and shall personally give his attendance at every sitting of the Grand Councill.
Aprill, 1672, pursuant to the tenor of the said Proclamation under the Governor's hand issned, and made the said 19th day of Aprill last, came the Freeman of this Province before the Gover- nour, and the Lords Proprietors Deputies, at Charles Towne, and having then made their election, presented to the Governour and
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the Lords Proprietors Deputies, the members of the Parliament hereafter mentioned, vizt. :
Mr. Stephen Bull,
Mr. Richard Conant,
Capt. Flor. O. Sullivan,
Mr. Peter Herne,
Mr. John Culpeper,
Mr. Richard Chapman,
Mr. John Robinson,
Mr. John Yeamans,
Mr. Christo. Portman,
Mr. Timothy Biggs,
Mr. Ralph Marshall,
Mr. James Jones,
Mr. John Mauericke.
Mr. Edward Mathews,
Mr. John Pinckard,
Mr. Samuell West,
Capt. Rob. Donne,
Mr. Richard Cole,
Mr. Amos Jefford,
Mr. Henry Hughes.
And the said Parliament being soe chosen and presented, then and there out of themselves did elect five persons, namely : Mr. Ste. Bull, Mr. Christ". Portman, Mr. Richard Conant, Mr. Ralph Marshall and Mr. John Robinson, and them presented to the Lords Proprietors Deputies to be members of the Grand Councill, according to the Lords Proprietors directions on that behalfe.
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