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 With an appendix containing many valuable records hitherto unpublished 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 30
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by any other that hath right to choose, provided that each Bar- rony be in one intire pecce, & yt. in no one County there be above 4 Barronyes set out to the Landgraves, 4 to ye Caciques, nor above eight Signoryes to ye Lords Proprietors, so yt. in every County there shall be 24 of ye 40 squares remaine for the use of ye people, nor are you in any County to suffer ye People to posses more y". 24 squares, so yt. 16 squares intire may be left for ye Signoryes & Barronyes, yt. ye Ballee. apointed by our Fundamentall Constitu- tions may be preserved.
6. Any of ye squares of a County yt. are made choice of by a Proprietor, shall be a signory for ever belonging to yt. Proprietor- ship, & you are to pass the necessary grants for y" same.
7. Any Landgrave or Cacique yt. is not in Carolina, may take up ye said Land belonging to his Dignity by his Agents or Attorney.
No Man that hath right to land in Carolina by purchase and is under the Degree of a Proprietor, shall have liberty to choose the Land due to him untill he have subscribed in ye book for yt. use provid., to beare allegience to our Soveraigne Lord the King his heirs & successors, to be true & faithful to ye Pallatine, & ye Lords Proprietors their heirs & successors, & to submitt to & maintaine the Govermt. as it is established by their fundamentall Constitutions, bearing date the day of
8. Any Man that hath subscribed, as is above mentioned, shall have liberty to choose their land & have it set out in manner following.
9. Any Man who by purchase or by bringing on Servants into our Province hath right to 12,000 Akers of Land, if he will take it up all together in one peece, shall have leave to choose any of the Squares in any of ye Countys, yt. wec have directed forthwith to be set out yt. is not actually made choice of by some other, yt hath right to choose a whole square or part of one, & may have as much of his Land fronting to a Navigable River as y" gt. of Akers will allow, wth. ye side line of sd. peece of land running from ye River in straight parallel lines, 346 chaine so yt. ye Breadth of ye sd. piece at ye head line in from ye river may be equall to ye front line on ye River.
10. Any Man haveing right to 6000 Akers of Land takcing it up in one pecce, may have as much of his Land fronting on yo River as halfe ye depth, Viz., 173 chaine fronting on the River.
11. Any Man haveing right to any gt. of Land under 6000 Akers, may have as much front to ye River as ye st. quantity of Land will beare wth. ye side lines of it runing in from ye river in straight parallel lines 346 chaine.
12. Any one y. shall take up his Land 346 chaine in from a Navigable River shall have it in a square figure, but any man yt. shall take up his land in a creek Navigable for boats only, shall have but a 6th. part of his depth fronting to sd. Creek so yt. ye more persons may come to have ye Benefitt of it. 34*
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13. If two Navigable Rivers be so nere together yt. ye distance is not sufficient to have ye side lines run in 346 chaine from each River y". if they are above 346 chaine asunder ye side lines are to run no farther than ye midle between s1. Rivers, but if they are not above 346 chaine asunder ye side lines of land taken upon such part of them as are so neare together may run from River to River.
14. If any Man's line yt. takes up his land on a Navigable river or Creek be not contiguous to another, it shall not be nearer to another line than 12 chaine; if any man's line yt. takes up his land 346 chaine in from a Navigable River be not contiguous to another itt shall not be nearer to ye next man's line y". 20 chaine, yt. so ye space between line & line may not be too little for a plan- tation & become useless to ye Las Prop s.
15. You are not to pass Grants to any Man whatsoever above 30 miles South of Stonoh nor above 50 miles North of Ashly & Coopper river, nor above 60 miles in from the sea, upon any pre- tence whatsoever, unless you have spetiall orders for ye same, undr. ye hands & Seales of ye Pallatine, and two more of us ye Lords Proprietors.
16. We understand yt. there is on Edistoh River, about 20 miles above the head of Ashily River, a convenient, fertill piece of Land fitt to build a Towne on, weh. you are to reserve for yt. use, & cause ye Surveyor Generall to set out there 500 akers for a Towne and 12000 akers for a Collony about it, of ye weh. 500 akers is to be part, weh. being above ye salts & marches, we are of opinion will be more licalthy y" nearer ye Sea, & if any man will build a house in s4. Town you may grant him 100 akers in ye Collony.
17. From any of these rules for seting out Land bounding & passing of grants for Land weh, wee have also commanded ye Surveyor Generall to observe, you are not to deviate wuout spetiall orders for ye same, undr. ye hands & scales of ye Pallatine, & two more of ye Proprs.
18. You are to take notice yt. wee doe at present grant to all free persons above the age of 16, y. come to plant in Carolina 50 akers of land & no more, & to them for each Servant they bring into Carolina at their charge, 50 akers more, and y" like for each woman servant yt. is marageable, & for each male servant under 16, or woman servant not marageable, 40 akers, & to each servant when out of his time 50 akers to ye respective persons & their heirs for ever, they paying ye penny pr. aker quitt rent Wee have reserved & weh. is too beginn to be paid ye next Michaelmas, two yeares after they have made choice of their Land & to be so incerted in their respective grants.
19. Any person haveing transported himselfe & servants into yt. part of Carolina that is under your Goverr. to plant, shall make it apeare to yrselfe & ye grand Councell by produceing his
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Servants before them, or upon certificate upon oath, & his or her owne name & his servants name being recorded in ye books of ye grand Councell, and he haveing subscribed as is in these our Instruc- tions before mentioned, you are thereupon to issue out a warrant to ye Surveyor Generall to lay him out a parsell of land according. to ye proportions & rules directed in these our Instructions, & ye Surveyor General having done ye same, and ye warrant, and ye Surveyor Generalls retourne thereupon being recorded, you are to pass a deed indented for ye same, according to ye forme to weh. these our Rules are anexed, & you are to cause ye party to whome you pass ye sd. deed att ye same time, & before ye same Witnesses, to signe, seale and deliver a counter part thereof to ye use of us, Wm., Earle of Craven, Christ., Duke of Albemarle, Anth., Earle of Shaftsbury, George, La. Carteret, St. Peter Colleton, Seth Sothell, Tho. Archdale & our heirs & assignes to weh. deed you, our s1. Governour, haveing sett ye hands and scales of us, ye Lords Proprietors, wth. ye concent of four or more of our Depu- tyes, certified by their being Witnesses to ye same, whereof Maurice Mathews, Esq., or ye Surveyor Generall for ye time being, to be one, & ye counter part being signed, sealled & deliv- cred, as aforesaid, bouth are to be recorded in the Register's Office, & ye counter part of ye said deed kept amongst the Records in ye Secretaryes Office.
Mem .- The foregoing power for seting the hands & seales of yo Lords Proprietors to grants for Land in Carolina, the forme of sª Grant & Instructions for seting out Land were signed by ye La. Craven, ye Duke of Albemarle, ye. Ld. Bath for ye Ld. Carteret, & Sr. Peter Colleton, & fixed altogether wth. ye great scale of ye Province.
S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 1.
Power to grant Land in Carolina.
21 November, 1682.
To all to whome these presents shall come, greeting :
In our Lord God ever lasting, Know yee, that Wee, William, Earle of Craven, Pallatine, Christopher, Duke of Albemarle, Anthony, Earle of Shaftsbury, George, Lord Carteret, Sr. Peter Colleton, Bart., Seth Sothell & Thos. Archdale, Esq's., the true & absolute Lords & Proprietors of ye Province of Carolina in America, for divers good and reasonable causes us thereunto moving, have given & granted, & by these presents doe give and grant full power, liberty, license and authority unto Joseph Moreton, Esq., one of the Landgraves & Governour of Carolina, & to ye Governour for the time being, full power, lycense, liberty
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and authority for us, and in our names to grant and convey land in Carolina to such persons as shall transport themselves or others into the said province, to plant & inhabit, by Indenture, according to the forme hereunto annexed, and in our names and to our uses to receive the Counterpart of the sd. Indenture from any person or persons to whome land shall be so granted as aforesaid, and to any Indenture after the forme aforesaid to set our hands & seales, & in our names to deliver and execute by and with the consent of any four or more of the Deputyes of us the sd. Lords Proprietors, whereof Maurice Mathews, Esq., or ye Surveyr .- Gen". for the time being to be one, atested by their witnessing the same on ye back of ye Indenture or deed signed & sealed by the said Joseph Moreton, or ye Governour for ye time being, wth. ye consent of four or more of our Deputyes, whereof Maurice Mathews, Esq., or ye Surveyor for ye time being to be one, being recorded together wth. ye counterpart thereof, signed & sealed by the partys to whome Lands shall be thereby granted, shall be as good & firme a conveyance in the law, for the lands therein-mentioned. to be conveyed as if yes4. Indenture or deed had been actually signed, sealed & delivered by us ye sd. Lords Proprietors. Alwayes pro- vided that there be no more land thereby conveyed, then according to the quantity, limits and bounds yt. are directed by our Rules for ye granting of Land remaineing upon record at Charles towne, on Ashley River, wohin ye Province aforesaid, beareing date the twentieth day of November, 1682, a Schedule whereof is here- unto anexed. And also Provided, yt. ye rent in ye sd. deed reserved, be made to be payable from ye next 29th day of Septem- ber, 2 yeares after ye partys choose ye land conveyed. And wee doe hereby repeale & make voyde all former powers by us given, of granting land to such persons as shall transport themselves or others into or. sª. Province to plant & inhabit.
In Witness whereof, We have hereunto set our hands & seales & ye great seale of our Province, this 21st day of November, 1682. CRAVEN, PALe. ALBEMARLE, BATH for La. CARTERET, P. COLLETON,
S. P. O. Nº. CAROL. B. T., VOL. 3, p. 2.
Form of Grant for Land in Carolina.
21 November, 1682.
This Indenture, made the day of , in the yeare of our Lord , between the Right honorable William Earle of Craven, Christopher Duke of Albemarle, Anthony Earle of Shaftsbury, George Lord Carteret, St. Peter Colleton, Bart., Seth
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APPENDIX.
Sothell & Thomas Archdale, Esqrs., Lords Proprietors of the Pro- vince of Carolina, of ye one part, & A. B. of the other part, Witness- eth that the sd. William Earle of Craven, Christopher Duke of Albe- marle, Anthony Earle of Shaftsbury, George Lord Carteret, S. Peter Colleton, Seth Sothell & Thomas Archdale, Esq's., for and - in consideration ye sd. A. B., his bringing into Carolina,
persons, by name C. D. E. F., &c., for and in consideration of the rent hereafter in these presents reserved and contained, have granted, bargined & sould, aliened & confirmed, & by these pre- sents doe grant, bargine, sell, alien & confirme, unto the said A. B., a Plantation, containcing Akers of English measure,
lycing & being in the County of in the Province of
Carolina aforesaid, & bounded , according to ye Plott licre- unto anexed, [with all woods & trees, wth. what else there is thereon standing, groweing or being,*] wth. priviledge of hawkeing, hunting, fishing & fowleing, (except & alwayes reserved out of this present grant, all mines & minirells & quarryes of gems & pretious stones, and ye reversion & reversions, remainder & re- mainders, & all & every ye profitts of ye Premises, to have and to hold ye st. plantation, & ye presents hereby granted unto him, ye s. A. B., his heirs & assigus for ever, ycelding & paying there- fore yearely, and every yeare, upon the twenty-ninth day of Sep- tember in every yeare, unto ye said William Earle of Craven, Christopher Duke of Albemarle, Anthony Earle of Shaftsbury, George La Carteret, Sr. Peter Colleton, Seth Sothell & Thomas Archdale, Esqrs., their heirs & assignes, one penny of lawfull mnony of England, for every of ye said Akers, to be holden of them, ye s1. William Earle of Craven, Christopher Duke of Albemarle, Antho. Earle of Shaftsbury, George La Carteret, Sr. Peter Colle- ton, Seth Sothell & Thomas Archdale, Esqrs., in free & comon soccage, the first payment hereby reserved to begin & to be made due upon ye 29th day of Fber, wch. shall be in ye yeare of our Lord , & ye said A. B. doth for himselfe, his heirs, Exceurs,
Adm's & assignes, covenant, promise & grant to & wth, ye sd. W". Earle of Craven, Christ. Duke of Albemarle, Antho. Earle of Shaftsbury, George Ld. Carteret, Sr. Peter Colleton, Seth Sothell, Thomas Archdale, Esqrs., & their heirs and assignes, in mauer & form following, that is to say, he ye sd. A. B., his heirs & assigns, shall & will, from time to time, & at all times hereafter, well & trucly pay the st. yearely rent hereby reserved to ye st. W .. Earle of Craven, Christ. Duke of Albemarle, Anth. Earle of Shaftsbury, George LA. Carteret, Sr. Peter Colleton, Seth Sothell, Thos. Arehdale, Esqrs., their heirs & assignes, at or in Charles Towne, in Berkely County, in ye sd. Province of Carolina. Pro- vided always, & it is hereby agreed that if the sa, yearely rent hereby reserved, or any part thereof, shall happen to be behind &
* This is inserted in the margin.
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EARLY HISTORY OF SOUTH CAROLINA.
unpaid by the space of six Calender months after or over any of ye st. dayes of paymt., wherein ye same is hereby reserved or made payable, there being no sufficient disstresse upon the premises hereby granted, then & in such case, it shall and may be lawfull to & for ye sd. W". Earle of Craven, Christ. Duke of Albemarle, Ant. Earle of Shaftsbury, George La. Carteret, Sr. Peter Colle- ton, Seth Sothell, Thomas Archdale, Esqrs., their heirs & assignes, into ye same Premises, & every part thereof, to enter & to take & receive, to their own use & benefitt, all & every ye rents, issues & proffitts, so long & untill they shall thereby be fully satisfied & paid all arrears of ye sd. rents, & all their reasonable charges, damages & expences wch. they shall from time to time suffer or sustaine, for or by reason of ye non payment of ye said rent in manner aforesaid : Provided also, & ye said A. B. doth, for him- selfe, his heirs & assignes, covenant and grant to & wth. ye sd. William Earle of Craven, Christ. Duke of Albemarle, Antho. Earle of Shaftsbury, George La. Carteret, Sr. Peter Colleton, Seth Sothell, Thos. Archdale, Esq., their heirs and assignes, that in case it shall happen that the s4. yearely rent hereby reserved, or any part thereof, to be behind & unpaid by the space of ninety dayes over or after any of the said dayes of paymt., whereon the same ought to be paid by virtue of the reservation thereof herein before contained, that then & soe often it shall & may be lawfull unto & for ye st. Wm. Earle of Craven, Christ. Duke of Albe- marle, Ant. Earle of Shaftsbnry, George Ld. Carteret, Sr. Peter Colleton, Seth Sothell, [Thos. Archdale omitted, ] their heirs & assigns, from time to time, & at all times hereafter, into all and every of the premises hereby granted, or any part thereof, to enter & distraine, & ye disstres & disstresses then & there found, to take, leade & carry & drive away & impound, & to detain & keep until they shall be fully satisfied and paid all arreares of ye said rent.
In Wittness Whereof, the said parties to these presents have bereunto interchangably set their hands and seales, the day & yeare first above written.
White Hall, this 30th of September, 1683.
In our last wee gave you directions that, of the twenty members to be [choseu] this month for the bienniall Parliament, ten of them should be chosen at Charles-Towne [in ] Berkley County, ont of the inhabitants & freeholders that have five hundred acres in that county, & the other term at London, in Colleton County, out of the inhabitants & ffrecholders, soe quallified in that county. Now, for as much as wee are not certain that those orders arived you soon enough, and that the Parliament was not soe chosen, wee doe hereby order that you forthwith disolve the Present Parlia- ment & call another, to be chosen according to those orders, and
LITOL In
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that in the writts you direct them to be chosen at both places in one & the same day, but if it was soe chosen that then that you doe not disolve the same. Wee are informed that there are many undue practices in the choyce of members of Parlent., and that men are admitted to bring Papers for others & put in their votes for them, wh. is utterly illegal & contrary to the custome of Parlia- ments, & will in time, if suffered, be very mischevious ; you are, therefore, to take care that such practices be not suffered for the future, but every man must deliver his owne vote, & noe man suf- fered to bring the votes of another, & if the sheriff's of the Coun- ties shall presume to disobey herein you are to commissionate eight other sheriff's in their Roomes.
Whereas, we did by our order, dated the 21st. of November, 1682, give power to you, our Governor, to Rattifye & confirme in Parliament our fundamentall constitutions, dated the 17th day of August, 1682, wee doe now direct that you doe not doe it untill you receive further orders from us, for the Scotts have desired some additions that may be for the benefitt of the Inhabitants, and wee doe hereby repeale & make void the said Power to you Given.
The Secretaries, Surveyor Generals & Registers Places being of great trust & requiring men of abillity for the executing of them, which cannot be expected unlesse the Places afford some proffitt Equivalent to their trouble, wee doe licreby strictly charge & re- quire you not to consent to the passing of any act of Parlint. for the deminishing the fees that have hitherto been taken by the offi- cers until you have first consulted us & had our consent for your soe docing.
We doe strictly charge & require you not to suffer any Indians to be transported without the Lycense of the Parlint. chosen out of Both Counties, as we have above directed, & that you assemble the Pallatine Court to consult apart of all acts of Parlimt. & Ly- cence for transportation of Indians, that they may give their nega- tive if the major part shall think fitt. If any magistrate or other officer, that is commissionated by you, our Govr., or chosen by the Pallatines Court, doe send away any Indian without produceing the same before the Parlimt., & have their Lycence for soe docing, wee require that you dismiss him from his office & place another in his roome. Given under our hands & seals.
S. P. O. Nº. CAROLINA. B. T., VOL. 1
Letter from " Cardrosse," &c., to the Governor & Grand Coun- cell at Charles Town.
25 March, 1684.
Stuarts Towne, on Port Royall, ye. 25 March, 1684. Honoured S. :-
The Bearer hereof, M. Dunlop, one of our Number, haveing some occasions att Charles Towne, wee have laid it upon him to
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give you an account of ye State of our affaires, that noe mistakes may arise betwixt you and us, which wee seem to have ground to bee jelous of, both from something wee have heard of late & from 2 Orders wee have seen to Mr. Caleb Westbrooke, who liveth within this Countye and hath taken land from us ; the one being a Warrant to apprehend one Edenburgh within the Isle of Sta. Hellena, which is likewise within our bounds, and the other an order to Mr. Westbrooke to appeare before you to give information touching severall transactions that are of late practiced to the Southward. And all this, without any notice given to us ; wee nothing doubt but that you all know the contracts & treaties that have been made betwixt the Lords Proprs. and us, and other of our Countreymen, which, as wee resolve to sincerely keep on our part, soe likewise wee expect and resolve to have them kept firme to us. As wee are confident the Lords Proprs. themselves, persons of soc great honor and worth, will faithfully doe. Wee have the ties of liveing under the same Royall King and of haveing the same Lords Proprietrs, soc that it will never bee the true interest of any of us to lett Jealousies arise among us, especially att this tyme when wee have ground to apprehend the invasion of a Forraigner.
Wee expected to have heard what yor. resolves were after the perusall of the Spannish Lre. wee sent you, but as yett have not ; the bearer will likewise informe what sinistrous dealings Wina & Antonio, two noted Indians, have taken, both to stirr up the In- dians in our parts one agt. another & likewise agt. ourselves, of which wec doe by this complaine & expect yor. justice, of whom wee likewise heare that they entertaine a Spanish Indian, whom wee have ground to apprehend to bee a Spye sent from Sta. Au- gustine, Sta. Maria or thereabout. Wee desire you cause deliver to the bearer those six guns the Lords Proprs. appoynted for us ; wee will trouble you noe further but remitt all to the bearer by whom wee expect a returne from you.
Wee, Honord. Srs.
Yor. most humble Servis., CARDROSSE, WILL DUNLOP, HAMILTON, MONTGOMERIE.
To the Governor and Grand Councell at Charles Towne, &c.
S. P. O. Nº. CAROLINA. B. T., VOL. 1. Letter from " Cardrosse" to' Governor Rob'. Quary. 17 July, 1684.
Stuart's Towne, on Port Royall, July the 17. Most honord. Sir :-
I have heard what the Resolucons of the Grand Councell were
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last meeting concerning mee, whereby I find the Councell continue still in the apprehencon that I have committed some high Misde- meanor, and looke upon my not appeareing as a great contempt of their authorityc. Sr., I doe not looke upon myselfe as an English Lawyer, and therefore shall not bee positive in every notion I have . taken of it. Yet my frequent converse in England with men skilled in Law, and the customes I have seen used there, made mee thinke that the first paper which came from the Grand Councell, in the nature of a warrant and in the way it was communicated to me, was noe legal way of procedure, and I found it proceeded on such a mistake that I concluded, on the least information, the Grand Councell wold turne the chace and notice what Dr. Wood- ward had done, whereby, noe doubt, I would have been vindicated, and it would have appeared that my causeing apprehend Dr. Woodward, under such circumstances, was noe usurpation of Magistracy but a cleare owneing of and vindication of the author- itye of the Grand Councell att Charles Towne ; when Mr. Griffith came last I was, as I still continue to bee, taken ill of the feavor and ague and soe could not answer then, nor can I expect, in a probable way, to bee in a capacity to waite upon the Councell in the Meeting it hath in August. I am fully resolved to come downe and to waite on you and it as soon as health and these heats, which I have not been accustomed with, will allow, which I hope will be in September, when I doe nothing doubt to satisfye you and all other gentlemen anent what I did, and make it appear to you all how much I desire to vindicate yor. authoritye. And Pe- ticon wch. I and others have here signed severall dayes agoc, before I heard the last resolves of the Grand Couneell, will evidence how much I and others here desire to bee in every respect and part of the governmt. and soe subject to it. I never was, and I hope never will bee, an enemie to the Governmt. ; I hope what I now write will soe satisfye you and the rest of the gentlemen of the Grand Councell that they will not further trouble themselves for sending for one who is very willing to take the first opertunity to come. I crave pardon for the tedious lyne in writing, whereof I am forced to make use of another's hand, but I have presumed on the small acquaintance I have with you and on the character you now beare in the Government, of which I wish you much joy.
I am,
Sr. Yor. most humble Servt.,
To Rob. Quary, Governor.
CARDROSSE.
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S. P. O. Nº. CAROLINA. B. T., VOL. 3, p. 160. Lords Proprietors to Gov. Jas. Colleton.
2 December, 1689.
We wrote you the 1st of March last, & then sent you Orders for the proclaiming William & Mary, Prince & Princess of Orange, King & Queen of England, Scotland, France & Ireland, & the Dominions & Territories thereunto belonging, copy of weh. letter is herewith sent, least in this time of War the Original should be miscarried, & if you have not already proclaimed the said King & Queen, you are forthwith to do it with all decency you can.
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