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 With an appendix containing many valuable records hitherto unpublished 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 29
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Given undr. or. hands & seales this 10th day of Aprill, 1677.
ALBEMARLE, CRAVEN, SHAFTSBURY, CLARENDON
33*
10
390
EARLY HISTORY OF SOUTH CAROLINA.
To ye Gov. & Councell, & other Inhabitants of our Province of Carolina.
Memorandum .- Though Sr. Peter Colleton's hand & seale be not to this, Hce ordered his Brother James Colleton to declaire his consent to itt there.
S. P. O. No. CAROLINA. B. T., VOL. 2, p. 124.
The Articles and Agreem'. of y L". Propriet". of Carolina, Betweene themselves, concerninge the trade there.
10 April, 1677.
Wheras wee have thought it nessessary for ye safty and good of those people that are planted undr. or. Government in Carolina upon Ashley & Cooper Rivers, or therabouts to take into or. hands dureinge ye space of 7 years the whole trade & commerce wth. ye Westoes, Cussatoes, & other Nations that live at a greate distance from ye sd. Rivers, and wheras it is absolutly nessessary that trade be carried on wth. those nations, that soe they may be supplyd wth. commodities accordinge to agreemt. made wth. ym., By wych. meanes a firme and lastinge peace shall bee continued, and wee become usefull & nessessary to them, it is therfore mutually articled, covenanted & agreed betwixt us, ye Las. Proprs. of Caro- lina, whose names & scales are hereunto sett and subscribed at or before ye 24th day of June next, wee shall each of us pay into yo hands of Mr. W". Saxby, or. Secretary and Treasurer, one hundred pounds of good & lawfull money of England, and if any of us shall fayle in payinge in his said money as aforesaid, then & in such case it is hereby covenanted & agreed, that ye bennifitt of ye sd. trayde shall wholy come & acrew (durcinge the tyme abovesd.,) unto such of us, the sd. L's. Proprs. as shall have paid in there money aforesd. And it is further agreed betweene us, ye Lds. Prop's., that ye agreementes already made by ye Earle of Shafts- bury wth. Dr. Henry Woodward, wherby hee is to have one 5th. part of ye cleare proffitt of ye said Trade, shall stand firme & good. In wittness whereof wee have hereunto put or. hands & seales, the 10th day of Aprill, 1677.
ALBEMARLE, CRAVEN, CLARENDON, SHAFTSBURY, P. COLLETON.
391
APPENDIX.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 129.
Statement of Accounts between the Lords Proprietors & Col. Jos. West.
1669-1677.
Coll. Joseph West. Dr.
£
S.
d.
To Money paid him in partes, .
100
..
To his Debts standinge out for goods by him taken out of ye Las. Stores pr. his own acct. to 27th Jany., 1673, .
17
12
9
To ditto as pr. his owne acct., to ye 30th Novr., 1674,
26
17
8
£144
10
5
Pr. Contra. C.
£.
S.
d.
By his Sallery from Aug., 1669, to Aug., 1674, 2 is 5 yeares att £60, . .
300
By ditto from Aug., 1674, to March, 1677, is 2 yeares & 7 months at £100, .
260
560
144
10
5
Rest., .
£415
9
7
.
' Towards satisfaction of which hee hath in his hands or. Planta- tion valle at least £100, besides what goods, except ammunition and armes, are remaininge in or. Storehouse, and ye severall debts oweinge us by soe many people there, weh. wee willingly remitt upon there payinge him of ye remaindr. of what is due to him.
-
392
EARLY HISTORY OF SOUTH CAROLINA.
S. P. O. JOURNAL, B. T., VOL. 3, p. 15.
At the Committee of Trade & Plantations in the Council Cham- ber, at Whitehall, Tuesday the 20th of May, 1679.
Present.
Earl of Sunderland,
Earl of Essex,
Viscount Fauconberg, Viscount Halifax,
Mr. Secretary Coventry.
Upon reading the Petition of Rhene Petit, which had formerly been examined at the Committee, concerning the transport of Protestant Families to Carolina, together with a Report of the Commissioners of the Customs thereupon ; their Lordships agree to report, that His Maty. doe give order for the preparing & fitting out of two such ships (neither of which may draw above 12 foot water) as may bee fit to transport the said Families, as soon as the Undertakers shall give in a List of their names, with suf- ficient assurance that they will come & imbarque themselves on board thereof for this voyage, provided they doe likewise take in' victuals and provisions for themselves, without putting His Maty. to farther charge than to maintain the Ship's Compy. & such as shall be under His Mats. pay. And provided, alsoe, that the said Families bee such as shall come from beyond the Seas, or are arrived here on purpose for this designe, & bee many of them skilfull & practiced in the manufacture of Wines, Silkes & Oyles. And that His Mat. may not bee defrauded of his Customs, upon pretence of re-imbursing the moneys expended by them, & for preventing any abuse weh. may happen by bringing Tobaccoes to Carolina from Virginia, their Lordships will further report, that the said Families may be all obliged to settle more Southerly than the 34th Degree of Northern Latitude, & that the re-imbursement desired by them may be made out of the Customs arising from Commodities brought out of such Plantations in Carolina as lye within that latitude, to commence from the time the said Families shall arrive, upon a certificate of such arrival from the Collector & Surveyor of the Customs, or in his absence, from the Governor & Council there.
MEM. 29th Oct. 1679 .- The Petition of Rend Petit for trans- porting several Foreign Families to Carolina, on board the Rich- mond, was read in Council & granted.
1
393
APPENDIX.
S. P. O. JOURNAL, B. T., VOL. 6, p. 217.
At the Committee of Trade & Plantations in the Council Cham- ber, at Whitehall, Munday the 16th of May, 1689.
In the Morning.
Present.
Lord Privy Seale, Earl of Shrewsbury, Lord Viscount Lumley.
Their Lordships do also enter upon the consideration of the present condition of the Provinces of Maryland, Pennsylvania and Carolina, &c., which having been formerly granted to severall persons in absolute Propriety, by which Title they claime a right of Government, their Lordships agree to report to His Maty. their opinion, that the present circumstances and relation they stand in to the Government of England, is a matter worthy of the con- sideration of the Parliament for the bringing those Proprieties & Dominions under a nearer Dependance on the Crown.
S. P. O. NORTH CAROLINA. B. T., VOL. 2, p. 147.
Lords Proprietors to Govr. & Council of Ashley River. 17 May, 1680.
Whitehall, May 17, 1680.
We here inclosed send you the copy of our last, least the Original sent by the Richmond Frigate should be miscarry'd.
We againe desire you to take note that the Oyster poynt is the place that we do appoint for the Port Towne, weh. yon are to call Charles Towne, and to take care that all ships that come into Ashley or Cooper Rivers doe there loade & unloade. Each of the Lords Proprietors is to have 5 Acres reserved within the said Towne, for the Towne lot weh. you are to canse to be run out to such as shall send to demand it in such places as their Agents shall require. And you are to leave as much land in one piece in other convenient places for each of the Lords that do not send to demand it, taking still care of the regularity & streightness of the streets as we directed in or. last. And whereas the taking up of towne lots by persons who do not in a short time build thercon, may be a means of hindering others that we. presently build whereby the ereeting of a Towne w4. be much delayed, You are therefore to pass every man's grant under the degree of a Pro- prietor with a proviso, that the foundation of his house shall be laid in less than one year, and a house erected before the erection
394
EARLY HISTORY OF SOUTH CAROLINA.
of 2 years, otherwise it shall be lawfull for any other to take said land & build thereon. And if any person having also erected one house on his Towne lot & desiring to build more houses, We are contented he shall have more lots provided he will erect a house of at least 30 foot long & 16 foot broad & two stories high besides garrets, on each lot within twelve months after his taking up said lot.
Mr. Beresford having given us assurance that he will in three years time have above 40 able persons upon his Plantation, We have thought fit to grant him a Mannor of 3000 Acres of land of which you are to take note, & pass a Grant to him for that quantity of land when he shall desire it. We being informed that there are many Whales upon the Coast of Carolina, which fish being by our Fundamental Constitutions reserved to us, We have notwithstanding (for the encouragement of Carolina) thought fit to give all persons whatsoever that are Inhabitants of our Pro- vince, free leave for the space of seven years, to commence from Michalmas next, to take what Whales they can & convert them to their own use, & this our condescension you are to make public, that any that will may take the benefit of it.
That there may be a more than ordinary care taken to do justice to the Indians, We have thought fit to appoint by our Com- mission a particular Indicature for that purpose, which you are to cause to be published & yield due obedience to it.
We have also thought fit to grant 3000 Acres of Land to Mr. Christopher Smith upon the same terms we have granted them to Mr. Beresford, but note that if the person to whom we have granted the said proportion of 3000 Acres, do not within the time limited bring on the hands they have promised, then you are at liberty to grant to other persons so much of the said land, taking it propor- tionably fronting to the River as after the rate of 70 Acres per person, they shall have failed to bring on of the number promised. Given under our hands the day abovesaid.
ALBERMARLE, CRAVEN, SHAFTESBURY, BERKELEY, J. COLLETON.
To,
The Governor & Council of Ashley River in Carolina.
395
APPENDIX.
Whitehall, the 10th of May, 1682.
Wee having been prevailed upon at the request of severall eminent worthy Persons who have a mind to become settlers in our Province of Carolina, to make review of our fundamentall Constitutions, & to make therein some additions & alterations, wee have now sent them to you signed & scaled anew, & as they. are to be for the future, & these additions & alterations being for the greater Liberty, security & Quiet of the people, wee doe not doubt but you will acquiesce in them, which is the reason that wee have done it without proposeing of it first unto you. The additions & alterations we have made are as followeth :
In the first place, our fundamentall Constitutions, bearing date the first of March, 1669, hath appointed yt. ye eldest man of the then Lords Proprietors shall be Palatine, & soe on untill they are all deceased, & the next eldest, & soc on, shall have their choyce of the severall great offices, but since that time some of the then Lords Proprietors having sold their Proprietorships, & in our Constitutions of the first of March, 1669, there being no Provison made who those who by succession or bying are or shall become Proprietors shall succeed to be Palatine, or have their choyce of the other great offices, nor how ye inconveniencies shall be avoided that may possibly happen to the Inhabitants of your Province, by leaveing those Proprietors that have bought out others, & are younger than others that have bought or succeeded to be proprie- tors in a capacity (out of avarice or perverseness) to make leases or fraudilent conveyances of their Proprietorships to men elder than the other Proprietors that have bought or are succeeded to be Proprietors, thereby to defraud them of the proffitts of ye Pala- tin's Place or the government, by which means Little men & of unjust Principalls may get into ye Governmt., & the administration of the offices of greatest trust, wh. can neither be for ye case nor safety of the Inhabitants of our Province, of which we have a most tender regard-to obviate those inconveniences have thought fitt by our Constitutions to apoint that he that hath been longest a proprietor of those that have bonght or succeed, shall after the death of those who were Proprietors in 1669, succeed to be Palatine, & have the choice of the other seaven great offices, untill after the yeare 1700, when the Power of disposeing of Proprietorships ends, & takes away the forementioned incon- venience.
The next alteration is, that whereas in the fformer constitutions the assistants of the Colledges were chosen into the Grand Conn- cill by the Grand Councill, by these constitutions he that hath been longest an assistant of any of the Colledges, & of the same degree & choice of him who is dead or removed, shall suceced to be of the Grand Councill, wh. wee judge to be more equall & lesse dependent than ye former way.
The next is, whereas by the former Constitutions nothing was
396
EARLY IIISTORY OF SOUTH CAROLINA.
to be proposed in the Parliament that had not first passed the Grand Couneill, wh. is the Senate of Carolina, & yett a negative reserved in the Palatine's Court upon all votes & orders of the Grand Councill, wee have in these our constitutions, left the Senate or Grand Couneill at liberty to propose to the Parliament all such things as they shall, upon mature consideration, thinke fitting for the good of the people.
And whereas it is not impossible that even the Grand Councill or Senate of Carolina, that we have taken such care to have equally constituted for the good & quiet of the inhabitants of Carolina, may become corrupt & forgett their duty, & not take sufficient care to remedy inconveniences by proposing fitting Laws to be passed by the Parliament, wee have thought fitt to apoint that if the major part of the grand Juryes of the Countyes shall present a thing necessary to be passed into a law, & that if the Grand Councill do not in convenient time propose it to the Par- limt., that then it shall be lawfull for any of the chambers to take cognizance of it, & propose it to ye house.
The next considerable alteration is, that whereas by the former constitutions all men whatsoever possessing Land in Carolina were obliged to pay a rent to ye Lords Proprietors after the yeare 1689, to comply with the desires of severall eminent wealthy men, who have an intention to become settlers in Carolina, & others that are already settled that have no mind to be Incombered with rent, wee have in these constitutions left a Liberty to the Lords Propritors. to remitt it by an agreement under their hands & seals, all which alterations & additions being for the good. & ease of the Inhabitants of our Province, wee doe not doubt but you will take kindly from us, nor doe wee pretend at any time here- after to have power to alter any thing in our fundamentall Con- stitutions that restrains the liberty of the people, or inlarges the power of ye Proprietors, unlesse the Inhabitants of our Province shall by their Representatives first consent unto it. Wee rest,
Your affectionate friends,
ALBEMARLE,. P. COLLETON,
CRAVEN, P., SHAFTESBURY,
JOHN ARCHIDALE,
BATH,
for THOMAS ARCHIDALE, for the LORD CARTERET.
.
397
APPENDIX.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 8. Lords Proprietors to Governor Moreton.
21 November, 1682.
Wee haveing agreed wth. the Honble. Sr. John Cockram & St. George Campbell, in behalfe of themselves and other Scotts for ye settlemt. of a County in Carolina, do herewth. send you a eopie of the articles, that you may see what wee are thereby obliged to doc & performe the same on our behalfes, accordingly, & yt. you may also see what ye Scotch are bound to, & see the same performed on their sides. You will find by the Articles yt. if ye County they take up be not contiguons to any of the three yt. are already apointed to be set out, it is to be so far from them as to leave space according to ye proportions in our Instructions, bearcing date the 10th day of May, 1682, for a County betweene those already apointed to be set out & yt. made choice of by ye Scotts, & if it be farther remote then the bredth of one County, y". it must be so far remote as to have space enough for two Countyes & so on. Our Designe in this being that their County shall not be so taken up as to leave a space between County & County yt. is not sufficient for a whole County, & thereby hinder ye runing ont of ye whole regulerly into Countyes of 5 squares broad next ye sea, & S deep into ye Land ; & in ye next place wee desire you to observe yt. ye s1. County contracted for wih. ye Scotch, is not to interfere wth. ye County wherein the cheefe Towne of Carolina shall bee sett, wch. wee designe to be on some part of Combahee River ; their County is not to be on either bank of said River, but ye s'. River, as soon as wee have made choice of ye place to set the said towne on, and agreed in what proportions to devide ye Land thereof, for ye better strengthning & for ye more easy comunication of the Inhabitants of our sd. Province, is to be free to all people whatsoever yt. live under our Govermt., to have their convenieneyes there according to such rules & measures as wee shall hereafter set when the place for said towne is by us made choice of, & what wee meane by Combahee River, you will see by ye Map herewth. sent you, set forth by our order. Wee are very much troubled to heare y'. you have had warrs wth. ye Indians, and are doubtfull it may very much impede the settlemt. and discourage people from coming to you, if it be not speedyly ended, & we being also not throughly satisfied yt. ye grounds of st. warr were just on yo Eng- lish side, desire yt. you will make peace with the Indians as soon as you can doe it wthont loss of reputation. Wee have granted pattents for Caciques to Cap". Henry Wilkinson, Mr. Jen. Smith, Major Thomas Row, Mr. Tho. Amy, & Ju. Gibbs, Esq., & M. Jno. Ashby, of which you are to take notice, & pass grants for their barronyes, according to our Instructions, when they require it. Wee now also send you new Instructions how you are to 34
398
EARLY HISTORY OF SOUTH CAROLINA.
grant Land, wet. you are to cause to be recorded, and punctually observe the methods therein apointed for the future. Wee also desire you to let ye Inhabitants of our Province know that wee will se* man the rent he is to pay us, if he desires not to be incumbered wth. a rent after the rate of one shilling pr. Aker.
Given under our hands and scals, this 21st of November, 1682: CRAVEN, Pe., ALBEMARLE,
BATH for the Ld. CARTERET,
P. COLLETON.
Pr. Capt. Kennady.
To JOSEPH MORETON, ESQ.,
One of the Landgraves and Governour of Carolina, & our Deputycs.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 9. Lords Proprietors to Governor Moreton.
21 November, 1682.
The Scotch & Divers others considerable persons who have intentions to become Setlers in Carolina, haveing let us know they were doubtfull yt. there was not sufficient provizion made in our former Constitutionsagainst opression* people from such as should administer ye Govt. in ye Province of Carolina* us & wee being willing upon all occations to demonstrate yt. wee aime at nothing more y". the Prosperity, ease, security & well being of ye Inhabi- tants of our sd. Province, have thought fitt once more to take a review of our Fundamentall Constitutions of ye Govert. of Caro- lina for ye future. And wee being sensible that such often changes may be apt to breed doubts in the minds of some people yt. we may as well change them to ye prejudice of ye Inhabitants of our sª. Province as their advantage to take of all such doubts, Wee doe hereby ratifye & consent yt. you may in Parliamt. declare, recognize, enact & confirme ye st. fundamentall Constitutions, consisting of 126 articles now sent you under our hands & scales, & under the great seall of our Province, & beareing date the 17th day of August, 1682, to be for ye future ye fundamentall Constitu- tions & forme of Govert. of ye Province of Carolina for ever, by wch. meanes there can be no addition or alteration hereafter, but according to ye rules & methods in sd. fundamentall Constitutions prescribed.
Given under our hands & scalos this 21st of November, 1682. CRAVEN, Pe., ALBEMARLE,
BATH for the Ld. CARTERET,
P. COLLETON.
TO JOSEPH MORETON, ESQ.,
One of the Landgraves & Governour of Carolina, our Deputyes & Parliam'.
Pr. Cap". Geo. Kennady.
* The spaces left blank were torn away in original.
399
APPENDIX.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 10
Lords Proprietors to Governor Moreton.
21 November, 1682.
By our Articles with ye Scots you will perceive yt. we are to buy the Land of the County they choose of ye Indians at our charge, wherefore desire yt. as soon as their Agents have signified to you where they will have ye sd. County layd out, yt. you instantly treat wth. ye Indians and buy the said land of them, wch. wee would have conveyed to us, William, Earle of Craven, Christo- pher, Duke of Albemarle, Anthony, Earle of Shaftsbury, George, La. Carteret, Sr. Peter Colleton, Bart., Seth Sothell, Thomas Archdale, Esqrs., & our heirs & assignes for ever, by Indenture of Bargin & Sale, wth. the words give, grant, bargin, sell, alien, release, enfeof & confirme, & ye Indians must give possession to our uses, web. possession must be wittnessed also on ye deed, & wee doe hereby impower you, Joseph Moreton & Maurice Mathews, Esq's., or either of you, to receive & take possession of all lands sold by the Indians to our use, & to depute and authorize others to doe the same, & we desire you to send us copies of all deeds of sale you take from ye Indians.
Given under our hands and seales this 21st of November, 1682. CRAVEN, Pe., ALBEMARLE,
Bath for Ld. CARTERET, P. COLLETON.
TO JOSEPH MORETON, ESQ.,
Landgrave & Governor of Carolina, and Maurice Mathews, Surveyor-Generall.
Pr. Cap". Kennady.
S. P. O. NORTH CAROLINA. B. T., VOL. 3, p. 4.
Instructions for granting of Land in Carolina.
21 November, 1682.
1. Wee have directed ye Surveyor Gen1. forthwith to set out two Countys, one of the north of Berkely County weh. is to be called Craven County, & ye other south weh. is to be called Colleton County, & divide them into squares of 12,000 Akers, weh. when done, you are to observe the following rules in ye grants you pass for lands in the same & all others that shall hereafter be set out, until you have other orders from us.
2. In the first place, you are by and with the consent and advice
-
400
EARLY HISTORY OF SOUTH CAROLINA.
of our Deputys, to make choice of in all Navigable Rivers in each County to be set out a peice of Land of 500 Akers, whereon to build the port towne for yt. River, in ye choice of wch. you are to have regard to the following particulars, (viz.) that it be as far up as the bigest ship yt. can come over the barr of ye s1. River can safely & conveniently sayle. The land you make choice of to be so high above high water marke, that there may be convenient sellers made under ground. That there be plenty of wholesome "water easy to be come at. That it may be if possible farr from Marshe swamps or standing Waters.
3. The square wherein the 500 Akers shall be you make choice of for a port towne is to be a Colony, so are ye two next squares on ye same side of ye river adjoineing to it, so are the squares in behind them from the River, weh. six are to be a precinct, & no one man shall have in any of them nor in the three squares on ye other side of the River oposite to them above ye proportion following, viz., a Proprietor 800 Akers, a Landgrave that hath built a house in sd. towne & hath right to so much land over & above his Bar- rony 600 Akers, a Cacique y'. hath built a house in sd. towne and hath right to so much land over and above his Barronys 400 Akers, any other person that hath right to so much land, & shall build a house 200 Akers and no more, so there may be roome for a good number of people to set down together for ye better strengthning ye place, and whosoever doth take up land in any of ye sd. nine squares according to ye sd. proportions, may have as much front to ye River as one fifth part of the Depth or side Lines of his Land is in from the River.
4. You are to consider of a convenient place for a ferry upon every Navigable River, & haveing pitched upon a place conve- nient, you are to order to be set out 1000 Akers weh. whosoever takes up, shall be oblidged to keep a ferry for the ferrying over men & horses at such a price as shall be agreed on by the grand councell, and when you pass a grant for sd. land, you are to incert the condition of keeping a ferry in the grant besides the rent.
5. Any Landgrave or Cacique makeing it apcare to you that he is so, either by produceing his pattent or being signified to you by us that we have so created him, & haveing subscribed in ye Book for yt. purpose provided to beare faith & Allegience to our Soveraigne Lord, King Charles the second his heirs & successors, and to be true and faithfull to the Lords Proprietors their heirs and successors, and to maintaine ye forme of Govermt. by them establish4. in their fundamentall Constitutions, (bearing date ye day of in the Year of Our Lord, 1682) as in the same Constitutions is provided, you are then to issue out your orders to ye Surveyor Gen1., to admeasure out unto him as many of the Squares for Barronyes in the said County as of right doe belong unto him, and he is willing to take up and are not made choice of by yon for a precinct for the towne, nor are before made choice of
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